The Appeals Chamber on Wednesday called on the parties in the case to focus on four issues during the Appeal hearing, scheduled for 14 May in The Hague, and those matters are whether the trial chamber erred in applying a 200 metre range of error in analysing the artillery shelling; whether the trial chamber's conclusions regarding the impact sites should be upheld if its application of the 200 metre range of error is deemed erroneous; whether the trial chamber's findings that illegal artillery attacks took place should be upheld if its conclusions with respect to impact sites are deemed erroneous; and whether the trial chamber's finding that a Joint Criminal Enterprise existed should be upheld if its finding that illegal artillery attacks took place is deemed erroneous.
Mikulicic said that the rejection of the conclusion on the application of the 200 metre range of error could lead to the overturning of other conclusions, including the conclusion on the Joint Criminal Enterprise.
"This kindles some optimism," the lawyer added.
He said that the addendum to the scheduling order sent by the Appeals Chamber's chairman, Judge Theodor Meron, had been expected and that the judge had announced that in order to ensure that the time allotted for the appeal hearing's oral discussions might be used as efficiently as possibly.
The Appeals Chamber emphasises that the present addendum does not restrict the right of the parties to discuss any other matter concerning the case and the paper "in no way expresses the Appeals Chamber's views on the merits of Appeals".
On 15 April 2011, an ICTY trial chamber sentenced Gotovina to 24 years and Markac to 18 years in prison and acquitted General Ivan Cermak of his responsibility for war crimes the Croatian forces committed while liberating southern and central Croatian areas from rebel Serbs in August 1995.