Briefly Noted

Croatia Asks for Role in Cermak-Markac Trial

The Croatian government on September 18 applied to assist in the trial of two former army generals charged with crimes allegedly committed during a Croatian military offensive in August 1995.

(TU No 469, 22-Sep-06)

The authorities want leave to file a brief for an amicus curiae, or friend of the court, in the case of Ivan Cermak and Mladen Markac.

They are charged with participation in a joint criminal enterprise alleged to have taken place during and after the Croatian military’s Operation Storm, which was launched in 1995 to reclaim the Serb-held Krajina region.

Croatian president Franjo Tudman, the former defence minister Gojko Susak and other Croatian officials are also accused of being part of the joint criminal enterprise whose objective was “the permanent removal of the Serb population from the Krajina region” by force and persecution.

The Croatian government asked to be an amicus curiae in order to “assist in the determination of the truth regarding the allegation of the prosecution that the then state and military leadership of the Republic of Croatia participated in the joint criminal enterprise”.

The Tribunal’s Rules of Procedure and Evidence say that if the chamber “considers it desirable for the proper determination of the case, [it may] invite or grant leave to a state, organisation or person, to appear before it and make submissions on any issue specified by the chamber”.

The motion, which was submitted by Croatian justice minister Ana Lovrin, proposes that the Croatian government “offer assistance to the tribunal in the interpretation of historical and political facts”.

The justice minister goes on to say that Operation Storm “was undertaken in accordance with international law, relevant resolutions of the UN Security Council and General Assembly, and in accordance with the efforts of the international community to restrain the military offensives of the Serbian army and prepare peace negotiations”.
The proposed brief would be compiled by a group of renowned lawyers, historians, and scientists. Two or three representatives of the Croatian authorities would then make submissions before the trial chamber.

On the same day and for the same reasons, the Croatian government also applied to appear as amicus curiae in the ongoing trial of six Bosnian Croat officials, Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic.

They stand charged with war crimes and crimes against humanity, which include the persecution, imprisonment and expulsion of Muslims in Bosnia and Hercegovina during the 1992-94 Muslim-Croat civil war.