The prosecution of the Hague war crimes tribunal has called on the Trial Chamber in the Gotovina-Cermak case to disregard the latest motion by the defence counsel for General Mladen Markac, alleging that it was submitted too late and that the defence for the Croatian general did not have any grounds to comment on the prosecution's position, the tribunal said on Tuesday.
Seven days ago, Markac's defence counsel called on the tribunal's Appeals Chamber to reject the prosecution motion to reject a brief filed in the Gotovina-Markac case by 12 Western military and political law experts on January 13 in which they asked to be granted amicus curiae status to voice their positions on the Trial Chamber's findings on unlawful artillery attacks during the 1995 Operation Storm.
Markac's counsel say the prosecution motion to reject the proposed amicus brief is unfounded for a number of reasons, including that it is not clear on which rules it is based and that it has been filed without the Appeals Chamber's application that it be submitted.
Markac's lawyers say the prosecution has an overly restrictive approach to the admission of amicus briefs and that this approach is not based in the tribunal's case-law and rules.
The prosecution has responded in its motion that parties to proceedings may state their position on motions for the awarding of amicus curiae status.
Croatian generals Ante Gotovina and Mladen Markac were sentenced pending appeal to 24 and 18 years' imprisonment respectively for crimes committed during and after Operation Storm in the summer of 1995 when the Croatian forces liberated the central and southern parts of the country held by rebel Serbs. An appeals hearing is expected to be held in March.
