Jus cogens: Recent Developments in International Law: October 22, 2006

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

International Court of Justice (ICJ)

Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the Asian-African Legal Consultative Organization (20 October 2006)

Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, at the meeting of Legal Advisers of the Ministries of Foreign Affairs (23 October 2006)

Cases currently being heard/under deliberation:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

Case Resources

Pulp Mills on the River Uruguay (Argentina v. Uruguay)

Case Resources

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (18 October 2006)

MIODRAG JOKIĆ TRANSFERRED TO DENMARK TO SERVE HIS PRISON SENTENCE (5 October 2006)

From the ICTY: "Miodrag Jokić, a former Yugoslav naval commander who pleaded guilty to crimes committed during the 1991 attack on Dubrovnik, was today transferred to Denmark to serve his seven year prison term. Jokić was convicted for crimes committed by soldiers under his command during the attack on 6 December 1991....Jokić, the Commander of the 9th Military Naval Sector (VPS) of the Yugoslav Navy, was sentenced for the unlawful attack on civilians within the Old Town of Dubrovnik, for the murder of two persons in the course of the attack, and for the cruel treatment, by wounding, of three others in the course of the same attack. He was convicted also for devastation not justified by military necessity and for unlawful attack on civilian objects. Finally, he was convicted for destruction or wilful damage done to institutions dedicated to religion, charity, and education, the arts and sciences, historic monuments and works of art and science. In a statement he read in court, Jokić stated he had a moral and personal obligation to accept responsibility and to ask forgiveness for the acts of his subordinates: "The fact that these lives were lost in the area for which I was responsible will remain etched in my consciousness for the rest of my life. I am ready to bow before all the victims of this conflict, regardless of the side they were on, with the dignity of a soldier". He went on to say: "Furthermore, although I had already done that in the course of the shelling itself over the radio, and afterwards I did it again in person, I feel the obligation to express my deepest sympathy to the families of those who were killed and wounded and the citizens of Dubrovnik for the pain and all the damage that was caused to them by the unit under my command"."

FOREIGN MINISTER OF MONTENEGRO VISITS TRIBUNAL, MEETS PROSECUTOR (9 October 2006)

The ICTY announced that "the Foreign Minister of the Republic of Montenegro, Miodrag Vlahović, visited the Tribunal today and met with the Prosecutor, Carla del Ponte. They discussed the status of cooperation between the Office of the Prosecutor and Montenegrin authorities and confirmed that at present it is fully satisfactory."

PRESIDENT POCAR ADDRESSES UN GENERAL ASSEMBLY (9 October 2006)

APPEALS CHAMBER REVERSES DECISION TO ASSIGN SESELJ DEFENCE COUNSEL (20 October 2006)

From the ICTY: "The Tribunal's Appeals Chamber today reversed the Trial Chamber's Decision to assign counsel to represent Vojislav Šešelj. The Appeals Chamber explicitly warned Šešelj that, "should his self-representation subsequent to this Decision substantially obstruct the proper and expeditious proceedings in his case, the Trial Chamber will be justified in promptly assigning him counsel after allowing Šešelj the right to be heard with respect to his subsequent behaviour". The Trial Chamber decided on 21 August 2006 to assign Šešelj a defence counsel on the basis that "the conduct of the Accused as a whole - obstructionist and disruptive behavior; deliberate disrespect for the rules; intimidation of, and slanderous comments about, witnesses - leads Chamber to conclude that there is a strong indication that his self-representation may substantially and persistently obstruct the proper and expeditious conduct of a fair trial." In today's ruling, the Appeals Chamber granted in part the appeal filed by the assigned stand-by counsel in this case, Tjarda Eduard van der Spoel, "in light of the absence of a specific warning to Šešelj before assigning him counsel". The trial in the Prosecutor vs. Vojislav Šešelj case is scheduled to start on 2 November 2006."

Full-text of Appeals Chamber decision

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar
ICTR Newsletter (September 2006) Pdficon_small_84

Latest Decisions

Bagosora et al., Case No. : ICTR-98-41-T, "DECISION ON REQUEST FOR SUBPOENAS OF UNITED NATIONS OFFICIALS," 6 October 2006 (denying defense motions for the subpoena of UN officials, including Kofi Annan, Iqbal Riza, Shaharyar Khan, and Michael Hourigan)
Bagosora et al., Case No. : ICTR-98-41-T, "DECISION ON REQUEST FOR COOPERATION OF THE GOVERNMENT OF FRANCE," 6 October 2006 (denying defense motion " to issue a request to the Government of France, pursuant to Article 28 of the Statute, for the disclosure of a report concerning the attack on President Habyarimana’s airplane on the night of 6 April 1994")
Ndindiliyimana et al., Case No. ICTR-00-56-T, "DECISION ON THE PROSECUTOR’S MOTION FOR SUBPOENA," 6 October 2006 (granting the Prosecutor's motion for subpoena and orders the Registrar to prepare a subpoena "through appropriate channels in the Kingdom of Belgium, pursuant to Article 28 of the Statute, to Annonciata Kavaruganda," wife of late Joseph Kavaruganda, former President of the Constitutional Court in Rwanda at the beginning of the genocide in April 1994)

THIRD COLLOQUIUM OF PROSECUTORS OF INTERNATIONAL CRIMINAL TRIBUNALS – THE HAGUE (6-7 October 2006)

Papers presented:

ICTR’s Annual Report Presented to the General Assembly (10 October 2006)

From the ICTR: "On Monday 09 October 2006, Judge Erik Møse, President of the ICTR presented the eleventh annual report to the General Assembly. Since the last report, the Trial Chambers have delivered six new judgements and another case is nearing judgement. So far, judgements have been rendered or trials are on-going in respect to a total of fifty-six accused. The President informed the General Assembly that the five multi-accused trials, which are the Military I, Military II, Butare, Government and Karemera et al. cases, are the main challenge to the Tribunal in regards to their volume, complexity and time frame allocated to complete the trials. He requested the extension of the term of office for ad litem judges that would provide the Tribunal with stability and effective planning of trials. Judge Møse was pleased to inform the General Assembly that the ICTR was on schedule to complete cases by the end of 2008, as envisaged by the Completion Strategy."