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The shelling of Knin by the Croatian Army in August 1995: A police operation or a non-international armed conflict?

Published online by Cambridge University Press:  27 April 2010

Phenyo Keiseng Rakate
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Type
Research Article
Information
International Review of the Red Cross , Volume 82 , Issue 840 , December 2000 , pp. 1037 - 1052
Copyright
Copyright © International Committee of the Red Cross 2000

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References

1 See in general Dakic, Mile, The Serbian Krayina: Historical Roots and its Birth, Iskra, Knin, 1994.Google Scholar

2 General Framework Agreement for Peace in Bosnia and Herzegovina (Paris, 14 December 1995), in International Legal Materials, 01 1996, pp. 75 ff.Google Scholar — See the formula used in the “Side Letters”: “As head of the delegation authorized to negotiate and sign [the Dayton Accord] on behalf of the Republika Srpska…”, signed by President Slobodan Milosevic. Ibid.

3 On these operations see Guy Janssen and Joakim Robertsson, In the Name of justice, unpublished memorandum, Amsterdam School of International Relations, 1997 (on file with the author).

4 Gotovina, Ante, Offensives and Operations of HV/Croatian Army and HVO, Knin, 1996Google Scholar (publication of the Croatian Army, translated from Serbo-Croat by the ICTY — on file with the author).

5 “On Operation Storm”, Voice of the Croatian Army, No. 2, Zagreb (official newsletter of the Croatian Army; translated from Serbo-Croat by the ICTY — on file with the author).

6 Report of the Croatian Government on the Implementation of Security Council Resolution No. 1019 (1995), ibid.

7 Trifunovska, Snezana (ed.), Former Yugoslavia Through Documents: From its Dissolution to the Peace Settlement, 1999, p. 669.Google Scholar

8 See “Constitutional law on the cooperation of the Republic of Croatia with the International War Crimes Tribunal”, Norodne Novine, No. 32/96, 1996Google Scholar, adopted by the Croatian government pursuant to Security Council Resolution 1019 (1995), para. 5, supra (note 6).

9 Letter by Mr Graham Blewitt, Deputy Public Prosecutor of the ICTY, dated 11 December 1996 (on file with the author).

10 Letter by the Head of the Croatian Office for Co-operation with the ICTY (on file with the author).

11 The Croatian government reiterated this position in its letter of 18 May 1998 addressed to the Office of the Prosecutor (on file with the author).

12 The Prosecutor v. Dusko Tadic, Case No. IT-94-AR/2 (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction).

13 Ibid., para. 70.

14 Op. cit. (note 4), p. 2.

15 Ibid., p. 11.

16 Ibid., p. 7.

17 Inter-American Commission on Human Rights, Case No. 11. 137 Argentina, Report No. 55/97, OEA/Ser/L/V/LL.97 Doc.38.

18 Ibid., para. 149 (footnote omitted).

19 Ibid.

20 Letter by Major General Forand, UN Commander of Sector South, addressed to General Gotovina, Commander of Split Corps District, dated 4 August 1995 (on file with the author).

21 Op. cit. (note 17), para. 159.

22 Op. cit. (note 4).

23 Op. cit. (note 15).

24 Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.

25 Kogman, Henri, “International humanitarian law”, Amsterdam University Journal of International Law & Policy, Vol. 9, 1993, pp. 62–63.Google Scholar

26 Letter by General Forand, supra (note 20).

27 Preliminary Report of the Independent Commission of Experts Established in Accordance with Security Council Resolution 935 (1994), UN Doc. 5/1994/1125.

28 Supra (note 12), para. 72.

29 Ibid., para. 76.

30 Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.

31 The Prosecutor v. Mrskic, Radic, Sijvancanin and Dkmanic (“Vukovar Hospital Case”), Case No. IT-95–13a1.