Pointing to the potential conflict of interest between the defense teams of the three Croatian generals charged with Operation Storm crimes, the prosecution calls for “pre-emptive action” on the part of the Trial Chamber. Waiting for "the conflict to crystallize" might lead to irreparable damage, the prosecution warns


The Office of the Prosecutor today called for “pre-emptive action” on the part of the Trial Chamber hearing the case against the three Croatian generals in order to resolve any potential conflicts of interest between their defense teams. The generals are charged with the crimes committed in Operation Storm.

Ante Gotovina’s defense counsel had announced previously its intention to call Miroslav Separovic and Rahim Ademi as witnesses. Miroslav Separovic, former Croatian justice minister, is representing the accused Mladen Markac in this case. Cedo Prodanovic and Jadranka Slokovic, Rahim Ademi's defense counsel in the case before a Croatian court, are defending Ivan Cermak in the Operation Storm trial. In its appeal against the decision to join the indictment, Gotovina's defense counsel pointed to a possible conflict of interest. The Appeals Chamber dismissed the appeal and confirmed the decision to join the indictments, although it did find that there is a potential conflict of interest in this case.

The defense counsel representing Ivan Cermak and Mladen Markac deny that there is a potential conflict of interest. They enclosed statements by their clients', waiving the right to invoke this conflict of interest at a later stage in the proceedings. The Chamber asked the Defense Counsel Association for its "advisory opinion". Although the Association found that there was "a serious risk" of conflict of interest and that in its view the defense counsel should withdraw from the case, the defense counsel refuse to do so. The Trial Chamber for its part considers that it cannot respond to something that may or may not occur. It can only act if the conflict of interest does occur.

The prosecution insists that the Chamber is "obliged to act in a situation where there is a potential conflict of interest in order to protect the rights of the accused and the interests of justice". In a motion filed to the Chamber, it warns the judges that waiting for "the conflict to crystallize" might lead to "irreparable damage to the administration of justice".

The trial of three generals, Ante Gotovina, Ivan Cermak and Mladen Markac, should open on 5 May 2007. If one or more of the accused find themselves without defense counsel at that time, the start of the trial may have to be put off.

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