Modes of Liability: The Art of Pinning War Crimes

Mishka Gora – Photo: Vecernji List

Further to my post “Gotovina and Markac ICTY Appeals take an unexpected development” (21 July 2012) Mishka Gora has written an article well worth reading and taking in.

Reblogged from: Eyes of the Mind – The Official Blog of Mishka Gora

“…On the one hand, it is heartening that the Appeals Chamber is at least trying to appear as if they haven’t already made up their minds.  They have raised the possibility that they could find both Gotovina and Markac not liable for unlawful artillery attacks and that they were not members of a joint criminal enterprise.  Perhaps there is some common sense left in the Hague, after all…”


  1. Mishka, I could not agree with you more. Excellent observation and analysis. Let’s hope for real justice and truth. Convicting based on some made up JCE theory must need pass a very difficult test of evidence and should be a very difficult conviction; and not a conviction like the one imposed on the Generals with little or no evidence; convicting on conjecture, hearsay and beliefs has no part in international criminal justice.

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