In addition to the three above-mentioned generals, the draft amended indictment named former Croatian President Franjo Tudjman, Defence Minister Gojko Susak and generals Janko Bobetko and Zvonimir Cervenko as other participants in the joint criminal enterprise. All four men are deceased.
Other lower-profile persons, who were described in earlier versions of the indictment as participants in the joint criminal enterprise, are now treated as persons who had a function of instrument in committing crimes.
In this way, the ICTY prosecution adjusted the "Gotovina, Cermak, Markac" indictment to "the refinement of joint criminal enterprise" in the appeal judgement in the case of Bosnian Serb war-time leader Brdjanin.
"The Prosecution seeks leave to amend the Current Indictment by pleading joint criminal enterprise ("JCE") in light of the the recent Brdjanin Appeal Judgement and by providing additional specification in the pleading of the acts of persecution charged under Count 1. Neither amendments adds any new factual or legal charges," according to an explanation provided by the prosecution regarding the proposed revision of the pleading of Joint Criminal Enterprise.
According to the changes many persons participated with Gotovina, Cermak and Markac in this joint criminal enterprise. Then the prosecution named President Tudjman, Defence Minister Susak and generals Bobetko and Cervenko in this context.
The revised version further reads that "members of the joint criminal enterprise used or cooperated with others, including those under their command or effective command, to facilitate or carry out the actus reus of crimes against the Serbian civilian population or civilian property. Those who were used by or cooperated with the members of the joint criminal enterprise included: various officers, officials and members of the Croatian government and political structure, at all levels (including those in municipal governments and local organisations); various leaders and members of the HDZ; various officers and members of the HV, Special Police, civilian police, military police and other Republic of Croatian security and/or intelligence services ("Croatian forces"), and other persons, both known and unknown."
The acronym HDZ stands for the political party the Croatian Democratic Union and HV stands for the Croatian Army.
In previous versions Generals Gotovina, Cermka and Markac were indicted for the persecution of Serbs in Croatia's region covered in the indictment by the term Krajina, on political, racial and/or religious grounds.
However, the latest amended version reads that Gotovina Cermak and Markac are held responsible "for acts of persecution against Krajina Sers "including deportation and forcible transfer; destruction and burning Serb homes and businesses; plunder and looting of public or private Serb property; murder; other inhumane acts, including the shelling of civilians and cruel treatment; unlawful attacks on civilians and civilain objects; imposition or restrctive and discriminatory measures, including the imposition of discriminatory laws; discriminatory expropriation of property; unlawful detentions; disappearances."