– There was no joint criminal enterprise, unlawful attacks, deportation of Serbs, or excessive shelling – concluded the court in The Hague and ordered that Generals Ante Gotovina and Mladen Markač be immediately released.
The verdict was read by the President of the Hague Tribunal, Theodor Meron, who overturned the 45-year sentence of Tihomir Blaškić, but also tripled the sentence of Veselin Šljivančanin for crimes committed in Vukovar.
Generals Gotovina and Markač were thus acquitted of charges of persecution as a crime against humanity, deportation as a crime against humanity, plunder of public and private property as a violation of the laws and customs of war, destruction as a violation of the laws and customs of war, murder as a crime against humanity, murder as a violation of the laws and customs of war, inhumane acts as a crime against humanity, and cruel treatment as a violation of the laws and customs of war.
Command responsibility, or an alternative form of responsibility, was not properly established, so they could not be convicted for that either.
‘Gotovina took all reasonable measures to maintain order. In Gotovina’s case, there was no major procedure that would represent a basis for criminal responsibility. The Appeals Chamber does not see a conclusion from the Trial Chamber that would support a conviction in the form of an alternative form of responsibility,’ said Judge Meron.
Legitimate attacks cannot be characterized as deportation.
The appeal of Gotovina and Markač is partially accepted, and the claim that the attacks on four cities were unlawful is annulled. ‘The finding of the existence of a joint criminal enterprise is annulled,’ said Judge Theodor Meron.
A part of the conviction is amended. The non-final conviction for participation in a joint criminal enterprise is annulled. The possibility of issuing a conviction in the form of alternative responsibility is left open. For example, superior responsibility.
