CAZUL GOTOVINA – O ACUZAȚIE NEDREAPTÃ SAU O JUDECATÃ VÃDIT GREȘITÃ A TRIBUNALULUI INTERNAȚIONAL PENAL PENTRU FOSTA IUGOSLAVIE?

The article aims to review a recent and very controversial decision of the Appellate Division within the International Criminal Tribunal for the former Yugoslavia, dated November 16th, 2012, under which were acquitted two Croatian generals, notorious figures of the civil war in the former Yugoslavia, for several war crimes and crimes against humanity, in a surprising manner since it abolished entirely the decision passed by the Court of First Instance, that had indicted these defendants, and gave special interpretations to a number of institutions of law, in respect of which was already crystalized a constant judicial practice of this Court.