Gotovina Case – an unjust charge or a manifestly erroneous judgment of the International Criminal Tribunal for the former Yugoslavia? Cover Image
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Cazul Gotovina – o acuzație nedreaptă sau o judecată vădit greșită a Tribunalului Internațional Penal pentru fosta Iugoslavie?
Gotovina Case – an unjust charge or a manifestly erroneous judgment of the International Criminal Tribunal for the former Yugoslavia?

Author(s): Liviu-Alexandru Lascu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: joint criminal enterprise; war crimes; crimes against humanity; the liability of supervisors for the acts of their subordinates.

Summary/Abstract: The article aims to review a recent and very controversial decision of the Appellate Division within the International Criminal Tribunal for the former Yugoslavia, dated November 16th, 2012, under which were acquitted two Croatian generals, notorious figures of the civil war in the former Yugoslavia, for several war crimes and crimes against humanity, in a surprising manner since it abolished entirely the decision passed by the Court of First Instance, that had indicted these defendants, and gave special interpretations to a number of institutions of law, in respect of which was already crystalized a constant judicial practice of this Court.

  • Issue Year: 2013
  • Issue No: 07
  • Page Range: 258-274
  • Page Count: 17
  • Language: Romanian