Jus cogens: Recent Developments in International Law

International Courts & Tribunals at a Glance (No. 21)

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)

Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)

Public hearings on the merits of the dispute to open on Tuesday 6 November 2007 (16 November 2006)--From the ICJ: "The public hearings in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) will open on Tuesday 6 November 2007 before the International Court of Justice (ICJ), principal judicial organ of the United Nations. The detailed schedule for the hearings, which will be concerned with the merits of the dispute, will be published at a later date."

• Case resources

Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France)

Fixing of time-limits for the filing of the initial pleadings (16 November 2006)--From the ICJ: "In its Order dated 15 November 2006, the Court fixed 15 March 2007 as the time-limit for the filing of a Memorial by Djibouti and 13 July 2007 as the time-limit for the filing of a Counter-Memorial by France. The Court adopted the Order taking into account the views of the Parties. The subsequent procedure has been reserved for further decision."

• Case resources

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) 

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (22 November 2006)

Vladimir Kovacevic Case Referred To Serbia (17 November 2006)

From the ICTY, "The Tribunal's Referral Bench today ordered that the case of Vladimir Kovacevic be referred to the authorities of the Republic of Serbia, who will in turn refer the case to the appropriate court for trial. This is the first case referred by the Tribunal to Serbia in accordance with Rule 11 bis of the Tribunal's Rules. The Referral Bench ordered the Prosecution to hand over to the Prosecutor of the Republic of Serbia the material supporting the Indictment against the Accused, and all other appropriate evidence within 30 days. In addition, the Prosecution has to file an initial report to the Referral Bench on the progress made by the Prosecutor of the Republic of Serbia in the prosecution of Kovacevic six weeks after the transfer of the evidentiary material and thereafter every three months. Prosecution is to continue its efforts to ensure the monitoring and reporting on the proceedings of this case before the competent national court in Serbia in accordance with the agreement it has with OSCE, which will conduct the monitoring. The judges further ordered that the existing protective measures for witnesses remain in force. Kovacevic was provisionally released to Serbia in June 2004. In April 2006 the Tribunal found him unfit to enter a plea or stand trial. The Referral Bench concluded today that mechanisms exist in Serbia for the ongoing monitoring of Kovacevic's health and resumption of proceedings against him should he become fit to stand trial."

• Full-Text of Decision
  

Detention unit video launched on ICTY website (22 November 2006)

From the ICTY: "The Tribunal is pleased to announce the launch today of a seven-minute video of the ICTY’s Detention Unit on its website. The video, with English commentary(other languages will be available in due course) shows scenes from the detention facility, including a detainee’s room, the detainees’ common area, the lawyers’ meeting room, medical facilities, weight room and gym, the library, spiritual room and the educational and occupational therapy facilities."

• ICTY Detention Unit
• Video of ICTY Detention Unit (wmv file; 14mb)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (October 2006)

Rukundo Trial Starts (15 November 2006)

From the ICTR: "The trial of Emmanuel Rukundo, former Military Chaplain in the Rwandan Armed Forces (FAR) in Ruhengeri Prefecture, began today in accordance with Article 15bis of the Statute in the absence of Judge Taghrid Hikmet before Trial Chamber II. The Chamber is composed of Judges Asoka de Silva, presiding, Taghrid Hikmet and Seon Ki Park. Rukundo was also the Military Chaplain in Kigali. He is charged with three counts of: genocide, crimes against humanity for murder, and crimes against humanity for extermination. He pleaded not guilty to all charges during his initial appearance of 26 September 2001. In the presence of the Prosecutor, Hassan Bubacar Jallow, Senior Trial Attorney William Egbe said in his opening statement that the Prosecution would establish Rukundo’s role in the 1994 events as openly extremist. He accused Rukundo of manifesting hatred for Tutsi in words and in actions. The Prosecution spoke of incidents at St. Joseph’s college in Kabgayi where the Tutsis would hide when they heard “the Priest was around”. This would be synonymous with the abduction and killing of the Tutsi. The Prosecutor accused Rukundo of being fully conscious of his power and authority and abusing it by promoting hatred, death and mass victimisation. The Prosecution spoke of Rukundo always being surrounded by armed soldiers and that he was always seen dressed in the military uniform. The Prosecution intends to call twenty-one factual witnesses and one investigator. The Prosecutor called its first witness today. Responding to the Prosecutor, the lead counsel for the Defence, Aïcha Conde challenged the allegations made in the opening statement and denied that Rukundo was an extremist. The Defence clarified that it was usual for all military chaplains to be armed and to wear the military uniform."

Latest Decisions:

• Bagosora et al., Case No.: ICTR-98-41-T, DECISION ON BAGOSORA MOTION TO PRESENT ADDITIONAL WITNESSES AND VARY ITS WITNESS LIST (17 November 2006)
• Bizimungu et al., Case No. ICTR-99-50-T, DECISION ON PROSECUTION MOTION FOR FULL COMPLIANCE WITH RULE 73 ter AND VARIATION OF CHAMBER’S DECISION OF 27 JUNE 2005 Rules 69, 73(A), 73ter(B), and 75(I) of the Rules of Procedure and Evidence (20 November 2006)
•  Nahimana et al., Affaire n° ICTR-99-52-A, DÉCISION SUR LA REQUÊTE DE FERDINAND NAHIMANA AUX FINS DE TRADUCTION D’ENREGISTREMENTS D’ÉMISSIONS RTLM CONTENUS DANS LA PIÈCE À CONVICTION C7 (20 November 2006)
•  Bagosora et al., Case No.: ICTR-98-41-T, DECISION ON NTABAKUZE MOTION FOR DISCLOSURE OF SPECIFIC EXCULPATORY EVIDENCE (20 November 2006)

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 3 November 2006

Case Developments & Resources:

The Civil Defence Forces (CDF) Accused

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

Prosecutor v. Charles Taylor

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

• Decision on Prosecutor's Application dated 2 November 2006 (17 November 2006)

Situation in Democratic Republic of Congo

1. The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase):

• Confirmation of charges Hearing (20-24 November 2006)
• Reasons for the Appeals Chamber's Decision of 16 November 2006 on the "Prosecution's Request for an Extension of the Page Limit" (17 November 2006)
• Decision on Defense Requests for Disclosure of Materials (17 November 2006)
• Observations de la République Démocratique du Congo (21 November 2006)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

This Week in Public International Law Scholarship (No. 28)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact editor@juscogens.net.

Books:

Helena Cobban, Amnesty After Atrocity?: Healing Nations After Genocide And War Crimes

Jeremie Gilbert, Indigenous Peoples' Land Rights Under International Law: From Victors to Actors

Oren Gross & Fionnuala Ní Aoláin, Law in Times of Crisis: Emergency Powers in Theory and Practice (Cambridge Studies in International and Comparative Law)

Peter N. E. Nedergaard, European Union Administration: Legitimacy and Efficiency

Michael Schmitt & Jelena Pejic (eds.), International Law And Armed Conflict: Exploring the Faultlines: Essays in Honour of Yoram Dinstein

Articles:

Journal of Space Law, Volume 32, Number 1, Summer 2006

• Marc M. Harrold, Asylum-Seekers in Outer Space, a Perspective on the Intersection between International Space Law and U.S. Immigration Law
• LaToya Tate, The Status of the Outer Space Treaty at International Law During 'War" and "Those Measures Short of War"

South African Journal on Human Rights (South Africa), Volume 22, PART l, 2006

• Danwood Mzikenge Chirwa, THE LONG MARCH TO BINDING OBLIGATIONS OF TRANSNATIONAL CORPORATIONS IN INTERNATIONAL HUMAN RIGHTS LAW

European Journal of International law (United Kingdom), Volume 17, Number 4, September 2006

• Christine Gray, The Eritrea/Ethiopia Claims Commission Oversteps Its Boundaries: A Partial Award?
• Nathaniel Berman, Intervention in a 'Divided World': Axes of Legitimacy
• Tawhida Ahmed and Israel de Jesús Butler, The European Union and Human Rights: An International Law Perspective
• August Reinisch, European Court Practice Concerning State Immunity from Enforcement Measures

ILSA Journal of International and Comparative Law, Volume 12, Number 3, Summer 2006

• Shawkat Alam, The United Nations' Approach to Trade, the Environment and Sustainable Development
• Heather R. Demner, The Nuclear Terrorism Convention: Will Detainees Be Classified as "Enemy Combatants" by the United States

Harvard Law Review, Volume 120, Number 1, November 2006

• Neal Kumar Katyal, Hamdan v. Rumsfeld: The Legal Academy Goes to Practice

Seton Hall Law Review, Volume 37, Number 1, 2006

• A. John Radsan, A MORE REGULAR PROCESS FOR IRREGULAR RENDITION

Asia Pacific Law Review (Hong Kong), Volume 14, Number 1, 2006

• Stephen P Marks, International Law and the 'War on Terrorism': Post 9/11 Responses by the United States and Asia Pacific Countries

Law, Culture and the Humanities (United Kingdom), Volume 2, Issue 3, October 2006

• Mednicoff, David M., Humane wars? International law, Just War theory and contemporary armed humanitarian intervention

Journal of International Aging, Law & Policy, Volume 1, Fall 2005

• Israel Doron, From National to International Elder Law

Security Council Compendium (No. 16)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact editor@juscogens.net.

Security Council Resolutions

None issued.

Security Council Meetings

S/PV.5565 (11 November 2006) Middle East situation, including the Palestinian question [Draft resolution S/2006/878; Vote: vetoed by USA 10-1-4]

S/PV.5566 (16 November 2006) Great Lakes region [S/PRST/2006/45]

Statements By Security Council President (November 2006 - Peru)

S/PRST/2006/45 ( 16 November 2006) The situation in the Great Lakes region (welcoming " efforts aimed at bringing an end to the long-running conflict in northern Uganda" and "following closely the Juba talks process between the Government of the Republic of Uganda and the Lord’s Resistance Army (LRA)")

Statements to Press By Security Council President

SC/8868 (16 November 2006) HAITI ("The members of the Security Council deeply regretted the deaths of two Jordanian peacekeepers that occurred last Friday while they were serving the cause of peace in Haiti, and extended their most sincere condolences to their families and to the Kingdom of Jordan.")

SC/8870 (17 November 2006) DEMOCRATIC REPUBLIC OF THE CONGO (welcoming "the announcement by the Independent Electoral Commission, on 15 November 2006, of the official provisional results of the second round of the presidential election in the Democratic Republic of the Congo")

Security Council President and Secretary-General Letters

S/2006/892 (15 November 2006) Letter dated 15 November 2006 from the Secretary-General addressed to the President of the Security Council (United Nations Organization Mission in the Democratic Republic of the Congo (MONUC))

S/2006/894 (16 November 2006) Letter dated 10 November 2006 from the Secretary-General addressed to the President of the Security Council (Chief of Staff of the United Nations Truce Supervision Organization (UNTSO))

S/2006/895 (16 November 2006) Letter dated 15 November 2006 from the President of the Security Council addressed to the Secretary-General (Chief of Staff of the United Nations Truce Supervision Organization (UNTSO))

Reports of the Secretary-General

S/2006/870 (8 November 2006) Monthly report of the Secretary-General on Darfur

Security Council Monthly Programme of Work (as of 16 November 2006)

2006 Archived Webcasts of Security Council Meetings