The International Criminal Tribunal for the former Yugoslavia (ICTY) has denied Croatia's motion to serve as amicus curiae in the Gotovina-Markac case, the UN court in The Hague said on Wednesday.
"The Appeals Chamber finds that the locus of the Motion's arguments, Croatia's national interests, is beyond the scope of the issues on appeal. Accordingly, the Appeals Chamber is not satisfied that granting Croatia leave to submit an amicus curiae brief would assist in the proper determination of Gotovina's and Markac's appeals against the Trial Judgement," said a decision adopted on February 8.
The Croatian government requested in December to be granted amicus curiae status, holding that it could help the Appeals Chamber in three areas - the joint criminal enterprise, excessive shelling, and the standard of liability in the judgement.
In its decision, the Appeals Chamber said Croatia filed a confidential motion on December 16, seeking leave to file a statement of interest, namely an amicus curiae brief, contending that the trial judgement in the Gotovina-Cermak-Markac case found it liable for the crimes encompassed by the joint criminal enterprise.
According to the decision, Croatia submitted that "the state should have 'at least' a limited right to intervene and explain its interest."
Croatia also contended "that the Trial Judgement could negatively impact future Croatian public officer holders' ability to make foreign policy and defence-related decisions and harm Croatia's legitimacy before international institutions," the decision said, adding that, "Croatia also submits that the Trial Judgement's findings are being used as a negative precedent against Croatia before other international and national forums."
"The Appeals Chamber emphasises that the Trial Chamber's findings regarding the existence of a joint criminal enterprise in no way constitute findings of responsibility on the part of the state of Croatia," the decision said, adding that the ICTY focuses on individual criminal responsibility and that granting Croatia's motion would involve a departure from the tribunal's mandate.
Croatian generals Ante Gotovina and Mladen Markac were sentenced to 24 and 18 years' imprisonment respectively last April, as members of a joint criminal enterprise, for war crimes and the persecution of Serb civilians during and after a 1995 military offensive called Operation Storm.
The case is under appeal. The first hearing is expected to be held in March.
