Evaluation of Evidence and Joint Criminal Enterprise in the Gotovina Case

Abstract

This paper gives an count on how matters concernings joint criminal enterprise and evaluation of evidence were dealt with by the ICTY Trial Chamber and the Appeals Chamber in the Gotovina and Markač case. Gotovina was one of the highest level defendants from Croatia before the ICTY. The alleged crimes were committed during a military offensive known as Operation Storm (or “Oluja”), with the objective of re-taking the Krajina region of the country. The paper was presented at the seminar “Transitional Justice in Former Yugoslavia through the Prism of the Gotovina-Markač Judgment”, Uppsala, Sweden, May 22, 2013

Keywords: International Criminal Law, Joint Criminal Enterprise, Evaluation of Evidence