Ante
GOTOVINA
born 12 October 1955 on the island of Pasman, Zadar municipality, Republic of Croatia |
Initial
Indictment: 21 May 2001, kept confidential until
26 July 2001
Amended Indictment: 19 February 2004,
confirmed on 24 February 2004 and kept confidential until
8 March 2004
Remains at large |
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The Indictment ("Operation Storm")
Factual allegations:
The Amended Indictment, confirmed on 24 February 2004 and made public
on 8 March 2004, alleges that, from 4 August 1995 to 15 November
1995, Croatia launched a military offensive known as “Oluja”
(or “Storm”), with the objective of re-taking the Krajina
region.
The Indictment alleges that Ante Gotovina, with others including
Ivan Cermak, Mladen Markac and President Franjo Tudman, participated
in a joint criminal enterprise, the common purpose of which was
the forcible and permanent removal of the Serb population from the
Krajina region, including by the plunder, damage or outright destruction
of property of the Serb population, so as to discourage or prevent
members of that population from returning to their homes and resuming
habitation. It is further alleged that during Operation Storm and
its aftermath, Croatian forces attacked and took control of towns,
villages and hamlets in the southern portion of the Krajina region.
Pursuant to the orders of Ante Gotovina, these forces allegedly
carried out the acts as charged in the Indictment. According to
the Indictment, Ante Gotovina, by his acts and omissions, encouraged
others, including Croatian civilians, to also perpetrate those acts
that are mentioned in the Indictment. Further, the Accused had a
duty to restore and ensure public order and safety and he failed
to fulfil this duty.
It is alleged that Croatian forces committed numerous violations
of international humanitarian law, including the unlawful killing
of at least 150 Krajina Serbs and the plunder and destruction of
property thereby forcing the Krajina Serbs to flee.
According to the Indictment, Ante Gotovina, Commander of the Split
Operative Zone of the Croatian Army (“HV”) from 9 October
1992 to March 1996, was overall operations Commander of that part
of Operation Storm. As such, Gotovina exercised de jure and de facto
command and control over all Croatian forces during Operation Storm.
Charges:
The Indictment charges Ante Gotovina with:
 Three
counts of crimes against humanity (persecutions on political,
racial and religious grounds, deportation and other inhumane acts
(forced displacement) punishable under Article 5 read with Articles
7(1) and 7(3) of the Statute of the Tribunal),
One count
of crimes against humanity (other inhumane acts, punishable under
Article 5 read with Article 7(3) of the Statute of the Tribunal),
Two counts
of violations of the laws or customs of war (plunder of public
or private property and wanton destruction of cities, towns or
villages, punishable under Article 3 read with Articles 7(1) and
7(3) of the Statute of the Tribunal), and
One count
of violations of the laws or customs of war (murder, as recognised
by Common Article 3(1)(a) of the Geneva Conventions of 1949 punishable
under Article 3 read with Article 7(3) of the Statute of the Tribunal).
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