The Prosecutor v. Ante Gotovina, Ivan Cermak, and Mladen Markac
Case Sheet · ICTY
The Prosecutor v. Ante Gotovina, Ivan Cermak, and Mladen Markac
| Location | Croatia |
| Case Number | IT-06-90 |
| Case Name | "Operation Storm" |
| Status | Acquitted |
Context
Ante Gotovina was the commander of the Split Military District of the Croatian Army (HV) from 9 October 1992 to March 1996; overall operational commander of the southern portion of the Krajina region during the military offensive known as "Operation Storm".
Ivan Cermak was the Assistant Minister of Defence in the Croatian Government from 1991-1993; from 5 August 1995, Commander of the Knin Garrison, which encompassed the municipalities of Civljane, Ervenik, Kijevo, Kistanje, Knin, Nadvoda and Orlić; held the rank of Colonel General.
Mladen Markac was a Commander of the Special Police of the Ministry of the Interior of the Republic of Croatia from 18 February 1994, which gave him overall authority and responsibility for the operation and functioning of the Special Police; Assistant Minister of Interior; following Operation Storm, held the rank of Colonel General.
Pre-Trial
| Initial Indictment | Ante Gotovina 8 June 2001 24 february 2004 Ivan Cermak 24 february 2004 14 December 2005 Mladen Markac 24 February 2004 14 December 2005 |
| Amended Joinder Indictment | 12 March 2008 |
| Crimes Charged | Violations of the laws or customs of war Murder · art. 3 ICTYS Cruel treatment · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of deportation · art. 5(d) ICTYS Crime against humanity of persecutions · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS |
| Arrest and Transfer | Ante Gotovina 7 December 2005 · Arrested by Spain · Transferred to ICTY 10 December 2005 Ivan Cermak 11 March 2004 · Surrendered Mladen Markac 11 March 2004 · Surrendered |
| Initial Appearance | Ante Gotovina 12 December 2005 · Plea: Not Guilty 5 December 2006 · Plea: Not Guilty Ivan Cermak 12 March 2004 · Plea: Not Guilty 5 December 2006 · Plea: Not Guilty Mladen Markac 12 March 2004 · Plea: Not Guilty 5 December 2006 · Plea: Not Guilty |
Trial
| Trial Chamber | Trial Chamber I · Judges: Judge Alphons Orie (presiding), Judge Uldis Ķinis, Judge Elisabeth Gwaunza |
| Trial Opening | 11 March 2008 |
| Trial Judgment | 15 April 2011 |
| Crimes at Trial Judgment | Ante Gotovina Violations of the laws or customs of war Murder · art. 3 ICTYS Cruel treatment · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of deportation · art. 5(d) ICTYS Crime against humanity of persecutions · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS Mladen Markac Violations of the laws or customs of war Murder · art. 3 ICTYS Cruel treatment · art. 3 ICTYS Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS Plunder of public or private property · art. 3(e) ICTYS Crimes against humanity Crime against humanity of murder · art. 5(a) ICTYS Crime against humanity of deportation · art. 5(d) ICTYS Crime against humanity of persecutions · art. 5(h) ICTYS Crime against humanity of other inhumane acts · art. 5(i) ICTYS |
| Sentencing Judgment | Ante Gotovina 24 years of imprisonment Ivan Cermak Acquitted Mladen Markac 18 years of imprisonment |
Appeal
| Appeals Chamber | Appeals Chamber · Judges: Judge Theodor Meron (presiding), Judge Mehmet Güney, Judge Fausto Pocar, Judge Patrick Robinson and Judge Carmel Agius |
| Appeals Filed By | Defence / Both |
| Appeal Judgment | 16 November 2012 · Acquittal on appeal |
| Final Sentence | Acquitted |
Key Documents
| Amended Joinder Indictment | Amended Joinder Indictment (2008) |
| Trial Judgment | Trial Judgment Volume I and Trial Judgment Volume II (2011) |
| Appeal Judgment | Appeal Judgment (2012) |
| ICTY Case Page | Official ICTY page |