Margin of error : potential pitfalls of the ruling in The Prosecutor v. Ante Gotovina / Walter B. Huffman
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Article
Title:
Margin of error : potential pitfalls of the ruling in The Prosecutor v. Ante Gotovina
Author zone:
Walter B. Huffman
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English
Abstract:
On April 15, 2011, the International Criminal Tribunal for the Former Yugoslavia (ICTY) sentenced Croatian General Ante Gotovina to twenty-four years in prison on charges stemming from his actions during Operation Storm, the 1995 Croatian military campaign to reclaim territory from the self-proclaimed Republic of Serbian Krajina (RSK). While General Gotovina was formally charged with participating in a joint criminal enterprise to drive ethnic Serbs out of the Krajina region, the case against him was based largely on allegations that he ordered unlawful artillery and rocket attacks on four towns during conventional combat operations against RSK Serbian forces. Because very few judicial opinions apply the law of war to tactical artillery operations, the Trial Chamber's judgement raises issues of significant legal and operational importance and will command the attention of scholars, courts, and military professionals worldwide. This article critically examines the court's reasoning and concludes that in the interests of justice, the coherent development of international humanitarian law, and the protection of innocent civilians in future wars, the Gotovina judgement should be set aside.
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