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Gotovina case – an unjust charge or a deliberately erroneous judgment … 79 Law Review  vol. IV, issue 2, July-December 2014, p. 79-95 FOREIGN COURT JURISPRUDENCE GOTOVINA CASE - AN UNJUST CHARGE OR A DELIBERATELY ERRONEOUS JUDGMENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA? Liviu Alexandru LASCU Ph.D., Lecturer, AGORA University, Oradea, Romania Abstract This article aims to analyze a recent and controversial decision of the Appeals Chamber of the International Criminal Tribunal for Former Yugoslavia, on November 16, 2012, which acquitted two Croatian generals, famous personalities of the civil war in the former Yugoslavia, who had been tried for perpetrating several war crimes and crimes agains t humanity by participating to a joint criminal enterprise and for their responsibility as commanders for the criminal acts perpetrated by their subordinates. The Trial Chamber’s judgment which condemned these defendants was entirely overturned in a very surprising way, through Appeals Chamber doing a very original interpretation of some legal concepts on which, there was already crystallized a constant jurisprudence of this court. Keywords: public law, joint criminal enterprise, war crimes, crimes against humanity, the superiors’ responsibility. 1. Introductory remarks On the morning of November 16, 2012, the day on which a decision have been expected in the Case no. IT-06-90-A, Case Gotovina et al., the International Criminal Tribunal for the former Yugoslavia (ICTY) had to face an unprecedented situation. In that case, the two a