The essence of this latest development is that although the generals have been found guilty on the basis of x, the prosecutor has submitted that if the Appeals Chamber decides they are not guilty on the basis of x they should instead be found guilty on the basis of y, even though y was not the grounds for the original guilty verdict. This amounts to a retrial without the trial… a demand to ‘have it both ways’. It is a blatant and appalling abuse of justice. If the Appeals Chamber allows such nonsense they will confirm to the world that they are a kangaroo court.
In short, the prosecutor submits that if the Appeal Chamber upholds the Generals’ appeals and finds against joint criminal enterprise and unlawful artillery shelling during Operation Storm (which according to the prosecutor defines the joint criminal enterprise/ persecuting -causing fear by excessive artillery shelling – and, hence, deportation of Croatian Serbs) then the Appeal Chamber should find the generals guilty of aiding and abetting persecutions, deportation, murder, wanton destruction and plunder, other inhumane acts and cruel treatment, even though the Trial Chamber did not in April 2011 find the generals guilty of these crimes. I.e. the Trial Chamber only focused on convictions of joint criminal enterprise that was, according to Trial Chamber, evident in unlawful artillery shelling.
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