Margin of Error: Potential Pitfalls of the Ruling in The Prosecutor v. Ante Gotovina

Croatian General Ante Gotovina was sentenced to twenty-four years in prison based on his actions in Croatia’s 1995 Operation Storm. The majority of the charges against him were due to allegations that he ordered unlawful artillery and rocket attacks on four towns during conventional combat operations against Republic of Serbian Krojina (RSK) Serbian forces. The trial chamber's judgment raises issues of significant legal and operational importance because very few judicial opinions apply the law of war to tactical artillery operations. This article examines the court's reasoning and concludes that in the interests of justice, the coherent development of international humanitarian law, and the protection of innocent civilians in future wars, the Gotovina judgment should be set aside.