To nije tako. Pitanje dvostrukih mjerila MKSJ-a stoga je legitimno pitanje. Kakvi god su pravni standardi bili primijenjeni na Srbiju, isti su trebali biti primijenjeni i na Hrvatsku. Ali, sve presude su javno dostupne. It is therefore troubling that Brammertz would issue a press release identifying as JCE members individuals who were not parties to the case, who were not given the opportunity to defend themselves or have others defend them, and who remain presumed innocent by the ICTY.
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To nije tako. Pitanje dvostrukih mjerila MKSJ-a stoga je legitimno pitanje. Kakvi god su pravni standardi bili primijenjeni na Srbiju, isti su trebali biti primijenjeni i na Hrvatsku.
Ali, sve presude su javno dostupne. It is therefore troubling that Brammertz would issue a press release identifying as JCE members individuals who were not parties to the case, who were not given the opportunity to defend themselves or have others defend them, and who remain presumed innocent by the ICTY.
When non-Serbs are convicted, it is because the Tribunal has the political objective of balancing the ethnic composition of its convicted persons so as to avoid allegations of anti-Serbian bias. They had a right to a reasoned opinion in writing that explains the basis of their convictions.
The purpose of these rights is to ensure the individual that the proceedings are not conducted in a corrupt or unjust way , and to ensure the delivery of a sound and fair trial through the observance of the public. What is a Joint Criminal Enterprise? In order to establish a JCE, the prosecution needs to prove:. Plurality of persons. A joint criminal enterprise exists when a plurality of persons participates in the realization of a common criminal objective.
A joint criminal enterprise requires a common objective which amounts to or involves the commission of a crime provided for in the Statute. The mens rea i. A contribution of an accused person to the JCE need not be, as a matter of law, necessary or substantial, but it should at least be a significant contribution to the crimes for which the accused is found responsible. All three elements must be present in order for the prosecution to have proven the participation of Croatian officials in a JCE.
It is not. Indeed, it did not require proof that they intended to commit any illegal act at all under the ICTY Statute. The following analogy demonstrates the issues at stake. Suppose a group of ten people lives in a house on a small property. At this point, the Ultimate Purpose could be achieved lawfully or unlawfully.
The Appeals Chamber emphasizes this distinction. The Appeals Chamber does not identify it. These are not challenged by Petkovic in this sub-ground of appeal.
In any event, the Appeals Chamber observes that the Trial Chamber expressly found that the CCP came into existence only by mid-January , because the evidence was insufficient to reach a finding as to its existence at an earlier stage. The Appeals Chamber considers therefore that Petkovic fails to demonstrate that ambiguities in the evidential basis proffered by the Trial Chamber would have any impact on his conviction.
Instead, it states:. Accordingly, the Trial Chamber concluded that it was the HVO leaders who intended to commit ethnic cleansing, without an express finding that Croatian leaders shared the same intent.
Furthermore, paragraph 44 of the Trial Judgement cites no evidence from which such a finding against Croatian officials could be supported. Accordingly, after concluding that the Trial Chamber was wrong to rely on the Presidential Transcript of 27 December , and Mr. It is not enough that you intend to commit a crime.
You must actually do something to commit the crime or assist others in doing so. Without such findings, these Croatian officials could not have been found liable for participation in a JCE. It failed to do so. The Appeals Chamber should have either emphasized that Croatian officials were not party to the case and therefore could not properly be labeled as JCE members, or else it should have addressed the merits of their JCE responsibility.
Questions of ICTY double standards are therefore legitimate. Whatever legal standards were applied to Serbia should have been applied to Croatia. Instead, impressions about ICTY judgments are formed in the minutes or hours after the judgments are pronounced, often based on judgement summaries or Prosecution press releases. But all judgments are public. The public has the right —perhaps even the obligation — to examine the judgments and the evidence.
And the Tribunal did not make the necessary explicit findings that they were. Newer Posts Older Posts Home. Subscribe to: Posts Atom.
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30 May 2012: Pula (Croatia)
Borderlands of Memory. The Memory of War and Violence in the 20th-century northeastern Adriatic. Pula is the largest town in the County of Istria, located on the southern tip of the Istrian peninsula in the northwestern part of the Republic of Croatia. In the context of cultural remembrance in the twentieth and twenty-first century, Pula is important as the main military port of the Austro-Hungarian Empire. Back then, it was the main naval base of the Austro-Hungarian marine as well as a shipbuilding centre.