Prosecutor Alan Tieger said the motion met the main conditions from Regulation 48, namely that the joinder of proceedings be in the interest of justice and that it does not affect the right of the defendants to a fair and quick trial.
The draft joint indictment, signed by ICTY Chief Prosecutor Carla del Ponte, charges Gotovina, Cermak and Markac on personal and command responsibility for crimes against humanity and violations of laws and customs of war committed against Serb civilians in the wider Knin area during and after Operation Storm between July and 15 November 1995.
The three generals are charged with persecution on political, racial and religious grounds, killings, deportation, forced resettlement, plunder of public and private property, wanton destruction of cities, villages and settlements, inhumane acts and cruel treatment. The indictment charges them of having participated in a joint criminal enterprise launched by the Croatian political and military leadership, led by late president Franjo Tudjman, aimed at the forced and permanent removal of the Serb population from the Krajina region.
The defence attorneys for the three generals will be able to take a position on the prosecution's motion within 14 days. If the tribunal confirms the joint indictment, the defence will be able to appeal within 30 days.
The Hague tribunal indicted Gotovina in June 2001. After being at large for four and a half years, Gotovina was arrested in Spain on 7 December 2005. At his initial appearance on 12 December, the Croatian general pleaded not guilty to all counts of the indictment.
Markac and Cermak were indicted in March 2005. The immediately voluntarily surrendered to the UN war crimes tribunal and entered a not guilty plea at their initial appearance. In December 2005, the two men were provisionally released pending trial.