Croatian general Mladen Markac’s defence has joined in the motion filed Friday August 10 by Croatian general Ante Gotovina’s defence that challenges the jurisdiction of the ICTY Appeal Chamber in considering alternate modes of liability. Gotovina’s defence submits that the question of alternate modes of liability directed by the Appeal Chamber to the prosecutor cannot be considered by the Chamber as the matters contained in the question are not a subject of the Appeal.
The Motion filed concludes:
33. The Appeals Chamber should find that, on the issue of the Appellant’s responsibility under the alternate modes of liability:
- The Appeals Chamber lacks jurisdiction pursuant to Article 25 to consider the matter or, if it has jurisdiction, it could not exercise it in compliance with the fundamental rights of the accused and must therefore refrain from doing so; and
- The Trial Chamber’s Judgement on alternate modes of liability (i.e…
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