Jus cogens: Recent Developments in International Law

International Courts & Tribunals at a Glance (No. 9)

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)

Case concerning the Status vis-à-vis the Host State of a Diplomatic Envoy to the United Nations (Commonwealth of Dominica v. Switzerland)

• Case removed from the Court’s List at the request of Dominica (12 June 2006). The ICJ indicated that "on 6 June 2006, the Prime Minister of the Commonwealth of Dominica informed the Court that his Government “d[id] not wish to go on with the proceedings instituted against Switzerland” and requested the Court to make an Order “officially recording [their] unconditional discontinuance” and “directing the removal of the case from the General List”.

Cases 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)

• Conclusion of the public hearings on provisional measures (9 June 2006) From the ICJ, "Two rounds of public hearings were held on Thursday 8 and Friday 9 June 2006 at the Peace Palace, The Hague, seat of the Court. In them Argentina reiterated its request for the indication of provisional measures, arguing inter alia that the mills posed a serious threat to the ecosystem of the River Uruguay. Uruguay asked the Court to reject Argentina’s request, contending that the conditions required for the indication of provisional measures had not been satisfied."
• Case Resources

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (28 June 2006)

President Pocar Updates Security Council on Tribunal's Mission and Completion Strategy (7 June 2006)

• From the ICTY, "In his speech President Pocar informed Members of the progress made in proceedings since he last briefed the Security Council in December 2005. Noting that the Trial Chambers had heard six trials simultaneously while managing 22 cases in the pre-trial stage, he expressed particular satisfaction that the first of three major multi-accused trials involving a total of 21 accused persons commenced in April 2006 and that the other two cases were set to begin in July, several months earlier than initially planned. He further noted that the Appeals Chamber has disposed of 127 appeals, including 3 judgements. The President recalled that to date, 161 persons have been charged by the Tribunal and proceedings against 94 accused have concluded. In addition, the Appeals Chamber has concluded 12 ICTR cases and proceedings involving 16 accused."
• Full-Text of Speech

Tribunal's Prosecutor Addresses Security Council on Completion Strategy Progress (7 June 2006)

• From the ICTY, "The Tribunal’s Prosecutor, Carla Del Ponte, used the opportunity of her address to the UN Security Counsel to provide her assessment of the progress made in the completion strategy and to highlight the problems and obstacles hampering it. She focused her address on the steps taken or suggested internally by her Office in order to increase the efficiency of the Tribunal. This effort targeted three aspects of the Tribunal’s activity: - the Prosecutor’s initiative to join cases with a similar crime base; - her second initiative, taken under the pressure of the completion strategy and despite the strong resistance of some victim groups, was to propose the transfer of cases involving mid-and lower-level perpetrators to the national courts; - an finally the Prosecutor’s suggestions regarding all possible measures to ensure that the Tribunal’s own process is as efficient as possible; in this regard since 2003 several packages of reforms were put forward by her Office."
• Full-Text of Speech

Internal report into Milan Babic's Death Concludes no Criminal Conduct (9 June 2006)

• On 9 June 2006 the ICTY made public "the report of the inquiry panel concerning the circumstances surrounding the death of Milan Babic in the Tribunal’s Detention Unit on 5 March 2006. The report indicates that there was no criminal conduct in the death of Milan Babic."
• Judge Kevin Parker, Vice-President, "Report to the President: Death of Milan Babic," 8 June 2006.

Dario Kordic and Zoran Zigic Transferred to Austria to Serve their Prison Sentences (9 June 2006)

Dragan Zelenovic in Tribunal Custody; Dragan Zelenovic Initial Appearance (10 June 2006)

• From the ICTY, "Dragan Zelenovic was today brought into the Tribunal's custody after almost ten years on the run. Zelenovic, a former Bosnian Serb policeman indicted for a range of war crimes including torture and rape committed in and around the south-eastern Bosnian town of Foca in 1992, was transferred from Bosnia and Herzegovina following an order of the country's State Court. The Tribunal acknowledges the cooperation provided by the Bosnian authorities regarding the expeditious transfer of Zelenovic from the Bosnian capital, Sarajevo, to the seat of the Tribunal in The Hague. Zelenovic arrived in Sarajevo on Thursday 8 June 2006 having been expelled from the territory of the Russian Federation by the authorities there. He had been arrested by Russian security forces in August 2005 but not transferred to the Tribunal." Zelenovic made his initial appearance on 13 June 2006.

Prlic et Al. Case: Trial Chamber III Returns from On-site Visit to Bosnia And Herzegovina (12 June 2006)

• According to the ICTY, "Trial Chamber III of the ICTY (Judges Antonetti, presiding, Prandler and Trechsel) today returned to The Hague from a six-day on-site visit to Bosnia and Herzegovina, where the judges visited locations relevant to the proceedings in the case of Prlic et al. Members of the Prosecution and the Defence also participated in the visit. In the Prlic et al. case, six high-level leaders of the Bosnian Croat wartime entity Herceg-Bosna are on trial for their alleged responsibility for war crimes against Bosnian Muslims and other non-Croats from areas in south-western and central Bosnia and Herzegovina. The indictment focuses on alleged crimes committed in the municipalities of Prozor, Gornji Vakuf, Jablanica, Mostar, Ljubuski, Stolac, Capljina and Vares."

Dragan Nikolic Transferred to Serve Sentence in Italy (23 June 2006)

Two AD LITEM Judges Sworn in (27 June 2006)

• The ICTY announced "Judge Ali Nawaz Chowhan (Pakistan) and Judge Tsvetana Kamenova (Bulgaria) were sworn in today as ad litem, or temporary, judges of the Tribunal. The UN Secretary General appointed both Judges as ad litem judges to sit on the Milutinovic et al. trial, involving six former Serb and Yugoslav political, military and police leaders, which is due to commence on 10 July 2006."

Trial Chamber Orders Arrest of Former Bosnian Serb Premier for Contempt (27 June 2006)

• The ICTY indicated that "Trial Chamber I of the Tribunal today issued an arrest warrant against Branko Djeric, a former Prime Minister of Republika Srpska, the Bosnian Serb-dominated entity of Bosnia and Herzegovina, and directed Bosnian authorities to detain and transfer him to the Tribunal's seat in The Hague to face charges of contempt of court. Judges in the trial against former Bosnian Serb political leader Momčilo Krajisnik had earlier this month on 8 June 2006 issued a subpoena ordering Djeric to appear as a witness in the case on Monday 26 June 2006. Djeric 's failure to appear before the Trial Chamber or to show good cause why he could not comply with the subpoena triggered the issuance of the arrest warrant." The ICTY noted that "in accordance [sic] the Tribunal's Rules the Judges have the authority to call witnesses to assist them in the adjudication of a case. Djeric is one of several witnesses that Judges in the Krajisnik case have called. The Prosecution concluded the presentation of its evidence on 22 July 2005, the defence case commenced 10 October 2005."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (May 2006)

ICTR President and Prosecutor Address the Security Council (8 June 2006)

• The ICTR noted that "the President informed the Council that twenty-eight persons have received judgment and twenty-seven persons are on trial. Two new judgments are expected in a few weeks. Fourteen indictees are awaiting trial. It is expected that three new trials will commence in the second half of 2006. The ICTR remains on course to complete the trials of sixty-five to seventy persons by the end of 2008." Additionally, "Justice Jallow stated that the Tribunal continues to face challenges in arresting the eighteen indictees at large. If apprehended, six of them will be tried by the ICTR, while the cases of the others will likely be transferred to national jurisdictions."
• STATEMENT BY THE PRESIDENT OF THE ICTR, JUDGE ERIK MOSE, TO THE UNITED NATIONS SECURITY COUNCIL, 7 June 2006
• Statement by Justice Hassan B. Jallow Prosecutor of the ICTR to the UN Security Council, 7 June 2006

UN Security Council Extends Mandate of ICTR Permanent Judges (14 June 2006)

• From the ICTR, "the United Nations Security Council yesterday unanimously extended the mandate of all eleven permanent judges of the International Criminal Tribunal for Rwanda until 31 December 2008. This will facilitate the implementation of the ICTR Completion Strategy."

ICTR Appeals Chamber takes Judicial Notice of Genocide in Rwanda (20 June 2006)

• "The Appeals Chamber of the International Criminal Tribunal for Rwanda on 16 June 2006 ruled that the Trial Chambers must take judicial notice of the following facts: 1. The existence of Twa, Tutsi and Hutu as protected groups falling under the Genocide Convention; 2. The following state of affairs existed in Rwanda between 6 April 1994 to 17 July 1994: there were throughout Rwanda widespread or systematic attacks against a civilian population based on Tutsi ethnic identification. During the attacks, some Rwandan citizens killed or caused serious bodily or mental harm to person[s] perceived to be Tutsi. As a result of the attacks, there were a large number of deaths of persons of Tutsi ethnic identity; 3. Between 6 April 1994 and 17 July 1994 there was genocide in Rwanda against Tutsi ethnic group."
• As the ICTR describes, "This land mark decision was delivered by the Appeals Chamber on Prosecutor's Appeal on Judicial Notice, dated 16 June 2006, in the trial of Prosecutor v. Karemera, Ngirumpatse and Nzirorera, ICTR-98-44-AR73 (C). The decision will have an immediate impact on the trial proceedings in the Karemera et al case, and will be felt in all of the current and pending trials before the Trial Chambers of the ICTR. Judicial notice of the above matters means that they are to be taken as established beyond any dispute and not requiring any proof. This is one of the most significant rulings of the Tribunal, given the consequences in terms of putting the occurrence of the genocide beyond legal dispute. It can be recalled that until now the OTP has had to in each case lead evidence and prove the occurrence of the genocide. This will no longer be necessary. In the view of the OTP the ruling should now silence the ‘rejectionist’ camp which has been disputing the occurrence of genocide. By relieving the OTP of a substantial burden of proof the ruling has the potential to shorten the cases as each will essentially focus on the personal involvement of the accused person in genocide"

Final Submissions Presented in Seromba’s Trial (28 June 2006)

• From the ICTR, "On 27 and 28 June 2006, the Prosecution and the Defence in the case of Athanase Seromba, a Catholic priest formerly assigned to the Nyange Parish in Kivumu commune, Kibuye préfecture, Rwanda, presented their final submissions before Trial Chamber III of the United Nations International Criminal Tribunal for Rwanda. Seromba is charged with genocide, complicity in genocide (an alternative count), conspiracy to commit to genocide and extermination as a crime against humanity. He is alleged to have helped plan the killing of Tutsis in his area during the genocide of 1994 and to have ordered his church to be bulldozed while there were still more than 2,000 refugees sheltering inside, causing their death."

Latest Decisions

• THE PROSECUTOR v. Joseph SERUGENDO, Case No ICTR-2005-84-I, JUDGEMENT AND SENTENCE, 12 June 2006.
• SUMMARY OF JUDGEMENT

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 9 June 2006

Special Court Registrar Welcomes United Nations Security Council Resolution (16 June 2006)

• From the SCSL, "The Registrar of the Special Court, Mr Lovemore Munlo SC, has welcomed today’s Chapter 7 Security Council Resolution, which clears the way for the trial of Charles Taylor to be held in The Hague. “Resolution 1688 provides the legal basis for the Government of the Netherlands to conclude a Headquarters Agreement with the Special Court for Sierra Leone,” Mr Munlo said. “This was a necessary step before the Special Court could make a determination on whether Charles Taylor should be tried in The Hague”. The Security Council Resolution calls the presence of Mr Taylor in the subregion “an impediment to stability and a threat to the peace”, and asks the Secretary-General “as a matter of priority” to assist in making the legal and practical arrangements for the transfer of Mr Taylor to the Netherlands, and for the provision of all necessary facilities for the conduct of his trial."

Justice Thompson Elected Presiding Judge of Trial Chamber I (19 June 2006)

International Criminal Court (ICC)

Hearing Schedule

The Special Court for Sierra Leone to use ICC Facilities for Trial of Charles Taylor (21 June 2006)

• From the ICC, "On 20 June 2006, the Special Court for Sierra Leone (Special Court) transferred Mr. Charles Taylor to the detention centre of the International Criminal Court (ICC) in The Hague for the purpose of using the facilities of the ICC during his trial, in accordance with the Memorandum of Understanding (MOU) concluded by the ICC and the Special Court on 13 April 2006. The trial will be conducted by a Trial Chamber of the Special Court sitting in The Hague. The ICC will not conduct the trial of Mr Taylor. Under the terms of the MOU, the ICC will provide courtroom services and facilities, detention services and facilities and related assistance. All costs will be paid in advance by the Special Court, through a Trust Fund established by the ICC Registrar. This arrangement will not affect the functioning of the ICC."

Situations & Cases:

Situation in Dafur, Sudan

• Third Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) (14 June 2006)
• Statement of the Prosecutor of the International Criminal Court, Mr. Luis Moreno Ocampo to the un Security Council pursuant to UNSCR 1593 (2006) (14 June 2006)

International Courts & Tribunals at a Glance (No. 8)

International Courts & Tribunals at a Glance, a juscogens.net weekly 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)

Cases 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

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (31 May 2006)

ICTY Plenary Discusses Ways to Expedite Court Proceedings (31 May 2006)

Judges of the ICTY "met in a plenary session 30 May 2006 in which they discussed methods to better organise trials, particularly at the pre-trial stage, in order to ensure more expeditious proceedings. The main outcome of the meeting is anticipated amendments to the Tribunal's Rules of Procedure and Evidence that are expected shortly. A Judge, the Prosecutor or the Registrar can make proposals for an amendment to the Tribunal's Rules of Procedure and Evidence. During a plenary session, the permanent Judges discuss the proposal which is adopted only if agreed to by not less than ten of the Judges. A change, once accepted, enters into force seven days after the Tribunal issues an official document containing the amendment."

Release of Internal Report Into Slobodan Milosevic's Death (31 May 2006)

The ICTY released the report of the internal inquiry into the death of Slobodan Milosevic in the Tribunal's Detention facility on 11 March 2006. The findings of the the report include: "Nothing has been found to support allegations reported in some sections of the media that Mr. Milosevic had been murdered, in particular by poisoning. The results of the independent investigation by the Dutch authorities demonstrate that such allegations are entirely false."

• JUDGE KEVIN PARKER, VICE-PRESIDENT ICTY, " REPORT TO THE PRESIDENT: DEATH OF SLOBODAN MILOSEVIC," May 30, 2006 (pdf file)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Joseph Serugendo sentenced to six years imprisonment (2 June 2006)

From the ICTR, "Joseph Serugendo, a member of the governing board of the Radio Television Libre des Mille Collines (RTLM) and of the National Committee of the Interahamwe za MRND, was today sentenced to six years imprisonment. He had pleaded guilty to direct and public incitement to commit genocide and persecution as a crime against humanity. Serugendo admitted to having provided technical assistance and moral support to the RTLM in order to ensure its ability to continuously disseminate an anti-Tutsi message both prior to and during the genocide. He further acknowledged having used his influence within the MRND and Interahamwe to incite others to kill or cause serious harm to members of the Tutsi population, with the aim of destroying the Tutsi ethnic group." Additionally, the ICTR noted that Serugendo has been diagnosed with a terminal illness. Serugendo agreed to a plea agreeemend on 16 Februruary 2005 after being arrested in Gabon on 16 September 2005.

Latest Decisions:

• Tharcisse MUVUNYI v. THE PROSECUTOR, Case No. ICTR-00-55A-AR73(C), DECISION ON INTERLOCUTORY APPEAL, 29 May 2006
• THE PROSECUTOR v. THARCISSE MUVUNYI, Case No. ICTR-2000-55A-T, DECISION ON MOTION TO STRIKE OR EXCLUDE PORTIONS OF PROSECUTOR'S EXHIBIT No. 34, ALTERNATIVELY DEFENCE OBJECTIONS TO PROSECUTOR'S EXHIBIT No. 34, 30 May 2006
• Karemera et al., Case No. ICTR-98-44-T, DECISION ON DEFENCE MOTION FOR AN ORDER REQUIRING NOTICE OF EX PARTE FILINGS AND TO UNSEAL A PROSECUTION CONFIDENTIAL MOTION Article 20 of the Statute, 30 May 2006
• Karemera et al., Case No. ICTR-98-44-T, INTERIM ORDER ON DEFENCE MOTION FOR SUBPOENA TO MEET WITH DEFENCE WITNESS NZ1, 31 May 2006
• THE PROSECUTOR V. THARCISSE MUVUNYI, Case No. ICTR-2000-55A-T, DECISION ON MUVUNYI'S ADDITIONAL OBJECTIONS TO THE DEPOSITION TESTIMONY OF WITNESS QX PURSUANT TO ARTICLE 20 OF THE STATUTE AND RULES 44, 44bis AND 73(F) OF THE RULES OF PROCEDURE AND EVIDENCE, 31 May 2006
• Butare (Nyiramasuhuko et al.), Joint Case No. ICTR-98-42-T, DECISION ON NTAHOBALI'S MOTION FOR CERTIFICATION TO APPEAL THE CHAMBER'S DECISION GRANTING KANYABASHI'S REQUEST TO CROSS-EXAMINE NTAHOBALI USING 1997 CUSTODIAL INTERVIEWS, 1 June 2006

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 26 May 2006

Latest Decisions:

• AFRC Accused, Case No. SCSL-04-16-T-506, Decision on Prosecution appeal against decision on oral application for Witness TF1-150 to testify without being compelled to answer questions on grounds of confidentiality, 26 May 2006
• CDF Accused, Case No. SCSL-2004-14-AR73(B), Decision on Prosecution appeal against confidential decision on Defence application concerning Witness TF2-218, 26 May 2006
• Prosecutor v. Charles Ghankay Taylor, Case No. SCSL-2003-01-R72, Decision on urgent Defence motion against change of venue, 29 May 2006

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Uganda

• Interpol issues first ICC Red Notices (1 June 2006) From the ICC, "the International Criminal Police Organisation - Interpol - issued Red Notices for the arrest of the five Lords Resistance Army commanders named in ICC arrest warrants. These are the first wanted persons notices to be issued by Interpol following a request by the Office of the Prosecutor of the International Criminal Court.... The Interpol Red Notice system is part of its global network of law enforcement agencies, created to assist in tracing and arresting internationally wanted fugitives. The Red Notices are issued for the arrest of Joseph Kony, Vincent Otti, Okot Odhiambo, Raska Lukwiya and Dominic Ongwen. These individuals are wanted for trial at the International Criminal Court for multiple counts of crimes against humanity and war crimes including murder, abduction, sexual crimes, rape and child conscription."

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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)

Cases 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

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (24 May 2006)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter, April 2006

Transfer of Bagaragaza case to the Kingdom of Norway Denied (22 May 2006)

From the ICTR, "On 19 May 2006 the bench appointed by the President of the International Criminal Tribunal for Rwanda composed of judges Dennis C. M. Byron, Jai Ram Reddy and Joseph Asoka Nihal de Silva denied the Prosecutor’s motion for referral to the Kingdom of Norway of the case of Michel Bagaragaza. The motion was filed on 15 February 2006 under Rule 11bis of the Rules of Procedure and Evidence of the Tribunal. In its ruling the Trial Chamber found that the Kingdom of Norway does not have jurisdiction over the alleged crimes in the indictment against Michel Bagaragaza and in that case there was no need for the Chamber to consider the other requirements for referral as provided in Rule 11bis or in the Parties’ submissions."

Latest Decisions:

• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON CERTIFICATION OF INTERLOCUTORY APPEAL CONCERNING PROSECUTION DISCLOSURE OF DEFENCE WITNESS STATEMENTS, 22 May 2006
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON CERTIFICATION OF REQUEST FOR SEVERANCE OF THREE ACCUSED, 22 May 2006
• THE PROSECUTOR v. Athanase SEROMBA, Case No. ICTR-01-66-AR, DECISION ON INTERLOCUTORY APPEAL OF A BUREAU DECISION, 22 May 2006
• Karemera et al., Case No. ICTR-98-44-T, SEPARATE OPINION OF JUDGE SHORT ON COMPLICITY IN GENOCIDE AND JOINT CRIMINAL ENTERPRISE THEORY Articles 2 and 6 (1) of the Statute and Rule 72 of the Rules of Procedure of Evidence, 23 May 2006
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON DISCLOSURE OF IDENTITY OF PROSECUTION INFORMANT, 24 May 2006
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON MOTION TO UNSEAL TESTIMONY OF DEFENCE WITNESS RAS-1, 24 May 2006
• Karemera et al., Case No. ICTR-98-44-T, ORAL DECISION RELATING TO THE LATE DISCLOSURE REGARDING WITNESS T, 24 May 2006
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON REQUEST TO ADMIT UNITED NATIONS DOCUMENTS INTO EVIDENCE UNDER RULE 89 (C), 25 May 2006

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 26 May 2006

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Decision rectifying typographical or other formal errors of the Decision establishing general principles governing applications to restrict disclosure pursuant to rule 81(2) and (4) of the Statute (22 May 2006)
• Decision on the Prosecution Filing of 19 April 2006 and Application of 24 April 2006 (22 May 2006)
• Decision on the Defence Motion concerning the Ex parte hearing of 2 may 2006 (22 May 2006)
• Motion for Reconsideration + Annex 1 (22 May 2006)
• Decision on the Prosecution Motion for Reconsideration (23 May 2006)
• Motion for Reconsideration and, in the Alternative, Leave to Appeal (24 May 2006)
• Decision on the postponement of the confirmation hearing and the adjustment of the timetable set in the Decision on the final system of disclosure (24 May 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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)

Cases 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

Court Schedule

ICTY Weekly Press Briefing (17 May 2006)

Tribunal Welcomes Independent Audit of its Detention Unit (15 May 2006)

From the ICTY: "The Tribunal welcomes the issuance of the Independent Audit of the ICTY's Detention Unit carried out by a team of experts under the auspices of the Government of Sweden. The audit, a full version of which is released today, was requested by the Tribunal in order to further enhance the transparency of the Detention Unit (DU) following the 11 March 2006 death of Slobodan Milosevic....Numerous observations and proposals are made in the audit including, most notably: a review of arrangements regarding administrative court orders; enhanced contacts between the DU and the Dutch host prison; a review of management structures; practical issues concerning support elements to inmates and the separation of detainees enjoying the presumption of innocence from those who have been found guilty and are awaiting transfer to serve their sentence."

• "INDEPENDENT AUDIT OF THE DETENTION UNIT AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA," 4 May 2006
• juscogens.net: "Prosecutor v. Milosevic: Termination of Proceedings, Inquiry, and Case Resources"

President Pocar Arrives On A Working Visit To Sarajevo (15 May 2006)

From the ICTY, "Judge Fausto Pocar, President of the ICTY, arrived today on a three-day working visit to Sarajevo on his first visit to the Bosnian capital in his capacity as head of the Tribunal....A principal focus of his visit is the State Court of Bosnia and Herzegovina, a close partner of the Tribunal which it is working to support and strengthen in order to cement the rule of law in the country, as well as a safeguard against impunity for war criminals. The Tribunal has to date transferred six intermediate and lower rank accused to Bosnia and Herzegovina for trial before the State Court’s War Crimes Chamber. It has also provided considerable materials to assist further indictments and cases, as well as being engaged in a broad range of capacity building activities."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter, April 2006 (available from 15 May 2006)

Latest Decisions:

Military I (Bagosora et al.), Case No. : ICTR-98-41-T, DECISION ON MOTION TO PRECLUDE A JOINT RESPONSE, 15 May 2006

Butare (Nyiramasuhuko et al.), Joint Case No. ICTR-98-42-T, DECISION ON KANYABASHI'S ORAL MOTION TO CROSS-EXAMINE NTAHOBALI USING NTAHOBALI'S STATEMENTS TO PROSECUTION INVESTIGATORS IN JULY 1997, 15 May 2006

Military I (Bagosora et al.), Case No. : ICTR-98-41-T, DECISION ON PROSECUTION REQUEST FOR EXTENSION OF TIME TO RESPOND TO BAGOSORA MOTION, 16 May 2006

THE PROSECUTOR v. Aloys SIMBA, Case No. ICTR-01-76-A, NOTICE ON PROSECUTOR'S MOTION WITHDRAWING MOTION REGARDING CONFIDENTIAL FILINGS, 17 May 2006

Karemera et al., Case No. ICTR-98-44-T, DECISION ON DEFENCE MOTIONS CHALLENGING THE PLEADING OF A JOINT CRIMINAL ENTERPRISE IN A COUNT OF COMPLICITY IN GENOCIDE IN THE AMENDED INDICTMENT: Articles 2 and 6(1) of the Statute, 18 May 2006

THE PROSECUTOR v. Michel BAGARAGAZA, Case No. ICTR-2005-86-R11bis, DECISION ON THE PROSECUTION MOTION FOR REFERRAL TO THE KINGDOM OF NORWAY: Rule 11 bis of the Rules of Procedure and Evidence, 19 May 2006

Military I (Bagosora et al.), Case No. : ICTR-98-41-T, DECISION ON NZIRORERA REQUEST FOR ACCESS TO PROTECTED MATERIAL, 19 May 2006

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 19 May 2006

New President for the Special Court for Sierra Leone (15 May 2006)

From the SCSL, "Justice George Gelaga King of Sierra Leone has been elected Presiding Judge of the Appeals Chamber, a post which makes him President of the Special Court for a period of one year. Justice King will succeed as President Justice Raja Fernando of Sri Lanka, whose term ends on 26 May."

AFRC Accused (Brima, Kamara, Kanu), Case No. SCSL-04-16-T, Decision on confidential joint Defence motion as to inability to provide details of certain witnesses on 10 May 2006 and anticipation of subpoenas ad testificandum, 17 May 2006

RUF Accused (Sesay, Kallon, Gbao), Case No. SCSL-04-15-T, Decision on Defence motion for an order directing the Prosecution to effect reasonably consistent disclosure, 18 May 2006

AFRC Accused (Brima, Kamara, Kanu), Case No. SCSL-04-16-T, Decision on joint Defence motion for protective measures for Witness DBK-088, 19 May 2006

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Decision on the final system of disclosure and the establishment of a timetable (15 May 2006)
• Decision on the Defence Request for Unrestricted Access to the Entire File of the Situation in the Democratic Republic of the Congo (17 May 2006)
• Supplemental Filing of the Prosecution's Final Proposed Redactions to the Transcript of the in camera Meeting of 17 March 2006 (17 May 2006)
• Decision correcting the annex regarding the redactions of the transcript of the camera meeting held on 17 March 2006 (17 May 2006)
• Decision Establishing a Deadline for the Prosecution and the Defence to submit Observations on the Applications of Applicants a/0001/06 to a/0003/06 (18 May 2006)
• Decision Appointing Ad Hoc Counsel and Establishing a Deadline for the Prosecution and the Ad Hoc Counsel to Submit Observations on the Applications of Applicants a/0001/06 to a/0003/06 (18 May 2006)
• Decision Establishing General Principles Governing Applications to Restrict Disclosure pursuant to Rule 81 (2) and (4) of the Statute (19 May 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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)

Cases under deliberation:

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

• Conclusion of the public hearings on the merits; Court ready to begin its deliberation (9 May 2006)
• Case Resources

    Oral Pleadings:

• Serbia and Montenegro: Mr. Obradović and Ms. Fauveau-Ivanović (CR 2006/43 - Public sitting held on Monday 8 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Varady and Mr. Zimmerman (CR 2006/44 - Public sitting held on Monday 8 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr. van den Biesen; Serbia and Montenegro: Mr. Djerić, Mr. Zimmermann, Mr. Varady and Mr. Stojanović (CR 2006/45 - Public sitting held on Tuesday 9 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

Pending cases:

Application Instituting Proceedings Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• APPLICATION (very large pdf file- 99 mb - 572 pages)
• Request for Provisional Measures of Protection (5mb; French only)

From the ICJ on 11 May 2006: "The International Court of Justice (ICJ) will hold public hearings on Thursday 8 and Friday 9 June 2006 on the request for the indication of provisional measures submitted on 4 May 2006 by Argentina in the proceedings brought by it against Uruguay concerning alleged breaches by Uruguay of obligations incumbent upon it under the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975."

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (10 May 2006)

Ivica Rajic Sentenced to 12 Years' Imprisonment (8 May 2006)

The ICTY, "sentenced Ivica Rajic to 12 years’ imprisonment for his involvement in the October 1993 attack against the central Bosnian village of Stupni Do, which caused the death of approximately 31 civilians and the destruction of the village. He was also sentenced for his role in the rounding up of more than 250 Muslim men in the nearby town of Vares and their subsequent inhuman treatment." Read the full statement.

• Prosecutor v. Ivica Rajic, a.k.a. Viktor Andric, Case No. IT-95-12-S, SENTENCING JUDGEMENT, 8 May 2006
• SUMMARY OF THE SENTENCING JUDGEMENT FOR IVICA RAJIC, 8 May 2006

Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic transferred to Bosnia and Herzegovina (9 May 2006)

From the ICTY, "Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic were transferred today from the custody of the Tribunal to Bosnia and Herzegovina to be tried in the country’s State Court in Sarajevo. The four Bosnian Serbs are charged with a broad range of war crimes committed during the early stage of 1992-1995 Bosnian conflict against Bosnian Muslims, Bosnian Croats and other non-Serbs in the Omarska and Keraterm camps near Prijedor in northwest Bosnia and Herzegovina. Specifically, they are charged with confining in inhumane conditions, murdering, beating, sexually assaulting, harassing, humiliating and psychologically abusing non-Serbs in camps between May and August 1992. . . .The Tribunal’s Referral Bench ruled on 20 July 2005 that the case be transferred to Bosnia and Herzegovina under the terms of 11 bis of the Tribunal’s Rules of Procedure and Evidence. Both the prosecution and defence appealed the decision and the prosecution later withdrew their appeal. On 7 April 2006, the appeals chamber granted the transfer."

• PROSECUTOR v. Zeljko MEJAKIC Momcilo GRUBAN Dusan FUSTAR Dusko KNEZEVIC, Case No.: IT-02-65-AR11bis.1, DECISION ON JOINT DEFENCE APPEAL AGAINST DECISION ON REFERRAL UNDER RULE 11bis, 7 April 2006

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions:

The PROSECUTOR v. Juvenal RUGAMBARARA, Case No. ICTR-00-59-I, DECISION ON THE MOTION FOR PROTECTIVE MEASURES FOR DEFENCE WITNESSES, 8 May 2006

• Synopsis: Trial Chamber II of the ICTR denied a request of the Defence for Juvenal Rugambarara, seeking protective measures for potential witnesses pursuant to Articles 19 to 21 of the ICTR Statute and Rules 69 and 75 of the ICTR Rules. The Court denied the request due to insufficient supporting evidence demonstrating that such protective measures are applicable: "the Defence has not provided any independent material that demonstrates that the fears of its potential witnesses are well founded. The Chamber reiterates that without any such material, it is left to speculate about the security situation of potential witnesses and no reasoned decision on protective measures can be made."

Emmanuel Ndindabahizi (Appellant) v. THE PROSECUTOR (Respondent), Case No. ICTR-01-71-A, SCHEDULING ORDER, 11 May 2006

THE PROSECUTOR v. THARCISSE MUVUNYI, ICTR-2000-55A-T, REASONS FOR THE ORAL DECISION ON MUVUNYI'S MOTION FOR CERTIFICATION TO APPEAL THE CHAMBER;S DECISION OF 26 APRIL 2006, 12 May 2006

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 12 May 2006

Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara, & Santigie Borbor Kanu, Case No. SCSL-04-16-T, Decision on Prosecution motion to bring forward the next scheduled status conference, 8 May 2006

Prosecutor v. Issa Hassan Sesay, Morris Kallon, & Augustine Gbao, Decision on Prosecution motion to amend protective measures for Witnesses TF1-168 and TF1-041, Case No. SCSL-04-15-T, 9 May 2006

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Decision on the Transmission of the Transcript of the in Camera Meeting held on 17 March 2006 (9 May 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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

Application Instituting Proceedings:

Application Instituting Proceedings Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• APPLICATION (very large pdf file- 99 mb - 572 pages)
• Request for Provisional Measures of Protection
• Argentina institutes proceedings against Uruguay and requests the Court to indicate provisional measures (ICJ Notice) ---"In the late afternoon of 4 May 2006 Argentina seised the International Court of Justice (ICJ) of a dispute between itself and Uruguay concerning alleged breaches by Uruguay of obligations incumbent upon it under the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975."

Cases 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
   
    Oral Pleadings:

• Serbia and Montenegro: Mr. Radoslav Stojanović, Mr. Ian Brownlie (CR 2006/38 - Public sitting held on Tuesday 2 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Ian Brownlie, Mr. Olujić, Mr. Obradović, Mr. Cvetković (CR 2006/39 - Public sitting held on Tuesday 2 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Cvetković, Mr. Brownlie (CR 2006/40 - Public sitting held on Wednesday 3 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/41 - Public sitting held on Thursday 4 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/42 - Public sitting held on Thursday 4 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (3 May 2006)

Appeals Chamber Confirms Sentences Against Mladen Naletilic and Vinko Martinovic (3 May 2006)

From the ICTY, "In its Judgement, the Appeals Chamber dismissed the vast majority of the grounds of appeal raised by both sides. The Appeals Chamber also set aside, in part, a few of the convictions entered by the Trial Chamber against Naletilic and Martinovic. However, taking into account the particular circumstances of this case as well as the form and degree of the participation of the accused in the crimes affirmed on appeal, as well as the seriousness of those crimes, the Appeals Chamber found that the sentences imposed by the Trial Chamber against them were within the range that a reasonable Trial Chamber could have ordered. It therefore confirmed their sentences to 20 and 18 years' imprisonment, respectively."

• Prosecutor v. Mladen Naletili, Vinko Martinovi, Case No. IT-98-34-A, JUDGEMENT, 3 May 2006

Address by Carla Del Ponte, Prosecutor of the ICTY, at the International Conference (5 May 2006)

• "Establishing the Truth in the Aftermath of Conflict: Current Initiatives and Perspectives in the Western Balkans"

Blagoje Simic Granted Temporary Provisional Release (5 May 2006)

From the ICTY, "The Appeals Chamber granted Blagoje Simic’s motion for temporary provisional release to attend memorial services for his mother in Samac, a border town in the north of Bosnia and Herzegovina. Blagoje Simic will be provisionally released from 10 to 25 May 2006....    On 25 October 2003, Blagoje Simic was sentenced to 17 years’ imprisonment for crimes against Bosnian Muslim and Bosnian Croat civilians in Bosanski Samac. At the time, Simic was the highest ranking civilian official in the Bosanski Samac municipality. Both the prosecution and defence appealed the judgement. The Appeals Chamber's decision is pending."

• Prosecutor v. Blagoje Simic, Case No. IT-95-9-A, DECISION ON MOTION OF BLAGOJE SIMIC FOR PROVISIONAL RELEASE FOR A FIXED PERIOD TO ATTEND MEMORIAL SERVICES FOR HIS MOTHER, 5 May 2006

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions

Closing arguments in Mpambara‘s Trial (4 May 2006)

From the ICTR, "On 2 and 3 May 2006, the Prosecution and the Defence in the case of Jean Mpambara, the former bourgmestre of Rukara commune in Kibungo prefecture, presented their final submissions before Trial Chamber I of the United Nations International Criminal Tribunal for Rwanda. The Prosecution called for the conviction of the Accused and the imposition of a life imprisonment sentence. It argued that evidence presented in court proved that he truly committed genocide. It added that the evidence shows that the Accused organized and executed killings which occurred in Rukara commune, including at the Gahini Hospital and Rukara Parish, during which more than 2,500 persons were killed. The Prosecution further argued that Mpambara took part in a number of massacres of Tutsi civilians in Rukara commune in eastern Rwanda, between 7 and 16 April1994. The Defence called for Mpambara’s acquittal, arguing that his implication in the terrible crimes of which he is accused was not proven by the Prosecutor. It added that the evidence shows that the Accused never committed the crimes, and that the witnesses called by the Prosecutor were unreliable."

• The Prosecutor v. Jean Mpambara, Case No. ICTR-2001-65-I, AMENDED INDICTMENT

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 5 May 2006

Prosecutor v. Charles Ghankay Taylor, Case No. SCSL-03-1-PT, Decision on Confidential Prosecution Motion for Immediate Protective Measure For Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures AND on Confidenital Prosecution Motion for Leave to Substitute a Corrected and Supplemented List as Annex A of the Confidential Prosecution Motion for Immediate Protective Measures for Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures (5 May 2006)

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Prosecution's Final Observations on Disclosure (2 May 2006)
• Observations of the Defence relating to the system of disclosure in view of the Confirmation Hearing (2 May 2006)
• Registrations in the record of material presented at the ex parte closed hearing of 2 February 2006 (3 May 2006)

Situation in Uganda

• Prosecutor's Submission of Information on Further Unsealing of Documents of the Record (3 May 2006)

International Tribunal for the Law of the Sea

Statements of the President

• The 28th Doherty lecture ‘Fighting Terrorism at Sea: Options and Limitations under International Law’ (13 April 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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

Application Instituting Proceedings:

Application Instituting Proceedings Concerning Violation of Rules Concerning Diplomatic Relations (Commonwealth of Dominica v. Switzerland)

• APPLICATION OF THE COMMONWEALTH OF DOMINICA
• Dominica brings a case against Switzerland to the Court in a dispute concerning alleged violations of the Vienna Convention on Diplomatic Relations and other international instruments and rules with respect to a diplomatic envoy of Dominica to the United Nations in Geneva (ICJ Notice)

Cases 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

    Oral Pleadings:

• Bosnia and Herzegovina: Ms Stern, Mr Pellet, Mr van den Biesen and Mr Softić (CR 2006/37 - Public sitting held on Monday 24 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (24 April 2006)

Trial in the Prlic et al. Case Began on 26 April 2006

From the ICTY, "The trial for the six high-level leaders of the Bosnian Croat wartime entity, Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic will begin on Wednesday, 26 April 2006 at 2:15 p.m. in Courtroom III The charges against the accused focus on ethnic cleansing of Bosnian Muslims and other non-Croats from areas in the territory of the Republic of Bosnia and Herzegovina which were claimed to be part of the so-called Herceg-Bosna, declared as a political and territorial entity in November 1991. The charges include, among others, murder, rape, sexual assault, destruction of property, imprisonment, deportation and forcible transfer. The indictment concentrates on crimes committed in the municipalities of Prozor, Gornji Vakuf, Jablanica, Mostar, Ljubuski, Stolac, Čapljina and Vares."

• Prosecutor v. Prlic et al., Case No. IT-04-74-PT, Amended Indictment, 16 Nov. 2005

Ad Litem Judge Sworn in (25 April 2006)

From the ICTY, "Judge Antoine Kesia-Mbe Mindua was sworn in today as ad litem, or temporary, judge of the Tribunal. The UN Secretary General appointed Judge Mindua as a reserve ad litem judge to sit on the Prlic et al. case, involving the six high-level leaders of the Bosnian Croat wartime entity. Security Council resolution 1660 (2006) permits the UN Secretary General to appoint, at the request of the Tribunal President, reserve judges from the Tribunal’s pool of 27 ad litem Judges to specific trials. Reserve judges will be present at each stage of a trial and may replace a judge on a bench if he or she is unable to continue sitting."

International Criminal Tribunal for Rwanda (ICTR)

Judicial Calendar

Latest Decisions

THE PROSECUTOR v. ATHANASE SEROMBA, Case No. ICTR-2001-66-T, DECISION ON MOTION FOR DISQUALIFICATION OF JUDGES (25 April 2006)

THE PROSECUTOR vs. THARCISSE MUVUNYI, Case No. ICTR-2000-55A-T, DECISION ON THE PROSECUTOR'S MOTION PURSUANT TO TRIAL CHAMBER�S DIRECTIVES OF 7 DECEMBER 2005 FOR THE VERIFICATION OF THE AUTHENTICITY OF EVIDENCE OBTAINED OUT OF COURT PURSUANT TO RULES 89 (C) & (D) (26 April 2006)

THE PROSECUTOR v. Protais ZIGIRANYIRAZO, Case No. ICTR-2001-73-T, DECISION ON THE DEFENCE MOTION FOR DISCLOSURE OF VOIR DIRE EVIDENCE (27 April 2006)

THE PROSECUTOR v. KAREMERA ET AL., Case No. ICTR-98-44-AR73.6, DECISION ON JOSEPH NZIRORERA’S INTERLOCUTORY APPEAL (28 April 2006)

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 28 April 2006

Special Court Prosecutor to Step Down (28 April 2006)

International Criminal Court (ICC)

Hearing Schedule

The ICC Presidency Approves Regulations of the Registry (19 April 2006)

Situations & Cases:

Situation in Darfur, Sudan

Situation in the Central African Republic

Situation in Democratic Republic of Congo

Situation in Uganda

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a juscogens.net weekly 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

To celebrate its sixtieth anniversary, the International Court of Justice held a solemn sitting in the Peace Palace (12 April 2006)

Cases 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

Oral Pleadings 

• Bosnia and Herzegovina: M. Softić and M. van den Biesen (CR 2006/30 - Public sitting held on Tuesday 18 April 2006, at 10.15 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: M. Pellet and M. van den Biesen (CR 2006/31 - Public sitting held on Tuesday 18 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: M. Franck, Ms Stern and Ms Karagiannakis (CR 2006/32 - Public sitting held on Wednesday 19 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Ms Stern, M. Franck and M. van den Biesen (CR 2006/33 - Public sitting held on Thursday 20 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr Condorelli, Mr van den Biesen, Ms Dauban and Mr Ollivier (CR 2006/34 - Public sitting held on Thursday 20 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Bosnia and Herzegovina: Mr Ollivier, Ms Dauban, Mr Condorelli and Mr Franck (CR 2006/35 - Public sitting held on Friday 21 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (19 April 2006)

Decision Rendered on Referral of the Pasko Ljubicic Case under Rule 11 Bis (12 April 2006)

The ICTY Referral Bench decided "to refer the case of Pasko Ljubicic to Bosnia and Herzegovina in accordance with Rule 11bis of the Tribunal’s Rules of Procedure and Evidence. This decision can be appealed." To be referred "pursuant to Rule 11bis, the Referral Bench, comprised of three judges, has to order a referral of its own accord or following a request from the Prosecutor. A decision to refer a case is rendered only if the Bench is fully satisfied that the accused would be tried to the highest international standards and that neither the level of responsibility of the accused nor the gravity of the crimes alleged in the indictment were factors that would make a referral to the national authorities inappropriate. In addition to the four persons already transferred, currently a total of 11 other persons are or may be considered for transfer by the Referral Bench."

• PROSECUTOR v. PASKO LJUBICIC WITH CONFIDENTIAL ANNEX, DECISION TO REFER THE CASE TO BOSNIA AND HERZEGOVINA PURSUANT TO RULE 11 BIS, 12 April 2006
• Rule 11 bis

Vladimir Kovacevic Declared Unfit to Stand Trial (12 April 2006)

From the ICTY, Vladimir Kovacevic faced charges for " his involvement in the attack against the historic city of Dubrovnik in Croatia in 1991. Specifically, Kovacevic is charged with murder, cruel treatment, attacks on civilians, devastation not justified by military necessity, unlawful attacks on civilian objects as well as 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 committed in the attack on 6 December 1991." Kovacevic was provisionally released for medical treatment in 2004. On 2 December 2004, the Chamber extended the accused's provisional release until further notice. During Kovacevic's release, " the Chamber ordered a number of medical reports and carefully considered all of them. In reaching its decision [to declare Kovacevic unfit], the Chamber found that the accused does not have the capacity to plead, to understand the nature of the charges, to understand the course of proceedings, to understand the details of the evidence, to instruct counsel, to understand the consequences of proceedings, and to testify."

• PROSECUTOR v. VLADIMIR KOVACEVIC, PUBLIC VERSION OF THE DECISION ON ACCUSED'S FITNESS TO ENTER A PLEA AND STAND TRIAL, 12 April 2006

Haradin Bala Granted Temporary Provisional Release (20 April 2006)

The ICTY Appeals Chamber granted Haradin Bala, sentenced 30 November 2005 to 13 years for mistreatment of prisoners, torture, and murder, "temporary provisional release to attend his daughter’s memorial service on 26 April 2006 in Kosovo. Haradin Bala is provisionally released from 23 to 27 April 2006, to allow him to spend the traditional mourning period with his family and community preceding the memorial service." As the ICTY noted, "the provisional release is subject to specific terms and conditions laid out in the decision. They include UNMIK's responsibility to take custody of the accused at Pristina airport and ensure his 24-hour protection and supervision, as well as compliance with conditions of the provisional release while he is in Kosovo.

• PROSECUTOR V. LIMAJ, ET AL., DECISION GRANTING PROVISIONAL RELEASE TO HARADIN BALA TO ATTEND HIS DAUGHTER'S MEMORIAL SERVICE, 20 APRIL 2006

International Criminal Tribunal for Rwanda (ICTR)

Judicial Calendar

Latest Decisions

Karemera, et al., DECISION ON JURISDICTIONAL APPEALS: JOINT CRIMINAL ENTERPRISE (12 April 2006)

Bisengimana Sentenced to 15 Years Imprisonment (13 April 2006)

From the ICTR, "Trial Chamber II of the United Nations International Criminal Tribunal for Rwanda today sentenced Paul Bisengimana (58), former Bourgmestre of Gikoro Commune, Kigali-Rural Prefecture, to 15 years in prison after it convicted him of extermination as a crime against humanity.... On 7 December 2005 Bisengimana pleaded guilty to aiding and abetting murder and extermination as crimes against humanity. The Chamber accepted his plea and found him guilty of murder and extermination as crimes against humanity."

• The PROSECUTOR v. Paul BISENGIMANA, Case No. ICTR-00-60-T, Judgement and Sentence, 13 April 2006
• The PROSECUTOR v. Paul BISENGIMANA, Case No. ICTR-00-60-T, CORRIGENDUM-JUDGEMENT AND SENTENCE, 20 April 2006

Karemera, et al., DECISION ON RECONSIDERATION OF THE SCHEDULING ORDER FOR THE NEXT TRIAL SESSION Article 20 of the Statute of the Tribunal, Rule 73 of the Rules of Procedure and Evidence (18 April 2006)

Karemera, et al., DECISION ON DEFENCE MOTIONS TO EXCLUDE TESTIMONY OF PROFESSOR ANDRE GUICHAOUA Article 20 of the Statute and Rule 94 bis (A) of the Rules of Procedure and Evidence (20 April 2006)

The Special Court for Sierra Leone

Court Schedule

Judicial Recess 10-24 April 2006

The Prosecutor's Meeting with Civil Society of Sierra Leone, 31 March 2006 (12 April 2006)

International Criminal Court (ICC)

Hearing Schedule

The ICC Presidency Approves Regulations of the Registry (19 April 2006)

Situations & Cases:

Prosecutor v. Thomas Lubanga Dyilo

• Pre-Trial Chamber I to hold Public Hearing on Procedural Matters on 24 April 2006

Situation in Darfur, Sudan

Situation in the Central African Republic

Situation in Democratic Republic of Congo

Situation in Uganda

Permanent Court of Arbitration

Barbados/Trinidad and Tobago, Award of the Arbitral Tribunal (11 April 2006)

International Courts & Tribunals at a Glance

International Courts & Tribunals at a Glance, a new juscogens.net weekly 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

• Sixtieth Anniversary of the International Court of Justice, Solemn sitting of Wednesday 12 April 2006
• The International Court of Justice awarded the “Fray Francisco de Vitoria” Medal

    Cases under deliberation: Bosnia and Herzegovina v. Serbia and Montenegro

• Case Background
• Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) Schedule of public hearings to be held from 27 February to 9 May 2006

International Criminal Tribunal for the Former Yugoslavia (ICTY)

• Overview of Court Proceedings (10-14 April 2006)
• Court Schedule (10-14 April 2006)

    ICTY Convicts Enver Hadzihasanovic and Amir Kubura (15 March 2006)

From the ICTY, "In the first Tribunal judgement to deal with the presence of foreign Muslim or Mujahedin combatants in central Bosnia and Herzegovina, the Trial Chamber found that Enver Hadzihasanovic exercised effective control over a detachment of such forces. It found that Mujahedin members severely beat and psychologically abused five civilians from the Croatian and Serbian community in Travnik and murdered Dragan Popovic in October 1993 in the Orasac camp. The Trial Chamber found Enver Hadzihasanovic guilty of failing to prevent these crimes."

• Summary of Judgement
• Full-Text Trial Chamber Judgement (French Only)

    Appeals Chamber Confirms Milomir Stakic's Conviction (22 March 2006)

The ICTY appeals chamber "affirmed the Trial Chamber’s decision to convict Milomir Stakic for his responsibility in exterminating, murdering and persecuting the non-Serb population in Prijedor. The Appeals Chamber also found that the Trial Chamber incorrectly failed to convict him for deporting and forcibly transferring the non-Serb population. The Appeals Chamber agreed with the Trial Chamber’s decision to acquit Milomir Stakic of genocide and complicity in genocide."

• Summary of Appeals Judgement (N.B., correct date is 22 March 2006)
• Full Text of Appeals Judgement

    Final Independent Dutch Inquest Results Concerning Death of Slobodan Milosevic (4 April 2006)

The final results from an independent Dutch inquest confirm that Slobodan Milosevic "died of natural causes and rules out any suggestion of criminal conduct." The ongoing, separate ICTY inquiry into Milsosevic's death will now "focus its attention on issues relating to the medical treatment provided to Slobodan Milosevic while in the Tribunal's detention facility. The internal inquiry expects to conclude its investigation on these issues shortly."

• Statement From The Hague District Public Prosecutor's Office (English)
• Statement From The Hague District Public Prosecutor's Office (Dutch)
• Statement From The Hague District Public Prosecutor's Office (Serbian)
• Statement From The Hague District Public Prosecutor's Office (French)   

   Two Ad Litem Judges Sworn in (7 April 2006)

Judges Stefan Trechsel (Switzerland) and Arpad Prandler (Hungary) were sworn in as ad litem judges on 7 April 2006. Judges Trechsel and Prandler "were appointed by the Secretary General to serve on the Prlić et al. case, which involves six former high ranking political and military officials of the so-called "Croatian Community (and later Republic) of Herceg-Bosna", charged with the ethnic cleansing of Muslims and other non-Croats who lived in the area. The trial is scheduled to start later this year."

    Appeals Chamber Upholds Decision to Refer the Mejakic et al. Case to Bosnia and Herzegovina

From the ICTY, "the Appeals Chamber upheld the decision to refer the Mejakic et al. case, involving four accused, to Bosnia and Herzegovina for trial. The Appeals Chamber dismissed eight of the grounds in the Joint Defence Appeal, and allowed one in part." The transfer is "a partnership with the judiciaries in the former Yugoslavia...while the most senior leaders are tried before the ICTY, intermediate and lower rank accused can be referred to competent national jurisdictions. The ICTY has previously transferred two accused to Bosnia and Herzegovina for trial and referred one case involving two accused to Croatia."

• Full Text of Appeals Chambers Decision

International Criminal Tribunal for Rwanda (ICTR)

• Latest Decisions
• Status of ICTR Detainees (24 March 2006)

The Special Court for Sierra Leone

• Court Schedule
• Weekly Court Summary (week ending 7 April 2006)
• Counsel Provisionally Assigned to Charles Taylor (5 April 2006)
• Prosecutor's Statement on Initial Appearance of Charles Taylor (3 April 2006)
• Special Court President Requests Charles Taylor be Tried in The Hague (30 March 2006)
• Decision and Order For Disclosure, Prosecutor v. Charles Taylor (30 March 2006)
• Amended Indictment, Prosecutor v. Charles Taylor, 17 March 2006

International Criminal Court (ICC)

• First arrest for the International Criminal Court (17 March 2006)
• Initial appearance of Mr Thomas Lubanga Dyilo before the Pre-Trial Chamber I (20 March 2006)
• The International Criminal Court and the European Union sign an agreement on cooperation and assistance (10 April 2006)

Permanent Court of Arbitration

• Partial Award, SALUKA INVESTMENTS BV (THE NETHERLANDS) v THE CZECH REPUBLIC (17 March 2006)

Khmer Rouge Trials

• Annan nominates international judges for Cambodia’s Khmer Rouge trial
• UN and Cambodia sign key agreements ahead of Khmer Rouge trials
• Background: Khmer Rouge Trials Website

Courts & Tribunals: International Criminal Tribunal for Rwanda (ICTR) Finds Aloys Simba Guilty of Genocide and Crimes Against Humanity

On 13 December 2005 the International Criminal Tribunal for Rwanda ("ICTR") found Aloys Simba guilty of genocide and crimes against humanity for his role in the massacre of Tutsi civilians in April 1994. The ICTR sentenced Simba to 25 years imprisonment.

I. Factual Background

Aloys Simba gained "national military prominence" in Rwanda for his role, and as a member, of the "Comrades of the fifth of July," which led a military coup d'etat in 1973 that removed President Grégoire Kayibanda and installed Juvénal Habyarimana into power.[1] From 1973-1993 Simba served in a variety of military and parliamentary positions.

In 1994, after the death of President Habyarimana, "thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen."[2] The Tutsi civilians sought refuge and sanctuary in a variety of locations, including Kibeho Parish, Cyanika Parish, Murambi Technical School, and Kaduha Parish. From April 14 to 21 April 1994 Hutu militiamen attacked the Tutsi refugees at these places. After these attacks, subsequent attacks occurred at the end of April 1994 against Tutsi civilians at Ruhashya commune. These five attacks formed the primary basis of the Prosecutor's case against Simba.[3]

The Prosecutor alleged that Simba was responsible for the killings that occurred at these sites. As recognized by the ICTR, "at the time of the events in 1994, Simba had no formal ties to any government, military, or political structure."[4] The Prosecutor alleged that Simba was "one of the principal architects of the five massacres and that he personally participated in their execution by furnishing arms, ordering militiamen and government forces to attack and kill Tutsi.[5] Simba alleged, in his alibi, that he was "not in Gikongoro prefecture when the genocide was planned or unfolded and that he played no role in the killings in Butare. According to Simba, in the days following the death of President Habyarimana, he remained in Kigali gathering family, friends, and neighbours in an effort to protect them from the ensuing violence."[6]

II. Procedural Background

Arrested in Senegal on 27 November 2001, Simba's trial lasted from 30 August 2004 to 8 July 2005. Under the Amended Indictment of 6 May 2004, the Prosecutor charged Simba with four counts: genocide; complicity in genocide; extermination as a crime against humanity; and, murder as a crime against humanity. Simba was charged with individual criminal responsibility for these crimes under Article 6 (1) and (3) of the Statute of the International Criminal Tribunal for Rwanda (the "Statute").[7] At the conclusion of its case, the Prosecutor withdrew Article 6 (3) as a form of criminal responsibility and also withdrew the charges of complicity in genocide and murder as a crime against humanity.

III. Applicable Law

Under Article 1 of the ICTR Statute, the ICTR has " the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighboring States between 1 January 1994 and 31 December 1994."[8] The subject-matter jurisdiction of the ICTR is limited to acts of genocide, crimes against humanity, and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II thereto.[9] The criminal responsibility for these crimes is established by Article 6 of the ICTR Statute. Individual criminal responsibility arises for anyone who "planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime" proscribed by the ICTR Statute.[10] Additionally, individual criminal responsibility under the ICTR Statute extends to superior responsibility for prosecutable offenses "committed by a subordinate" if the superior " knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof."[11]

IV. The Trial Chamber's Legal Findings

In its legal findings, the ICTR noted the Prosecutor based Simba's criminal liability under Article 6(1) on a theory of joint criminal enterprise for the massacres at Kibeho Parish, Murambi Technical School, Cyanika Parish, Kaduha Parish, and Ruhashya commune.[12] The ICTR recognized that "Article 6 (1) sets out certain forms of individual criminal responsibility applicable to the crimes falling within the Tribunal’s jurisdiction. Article 6 (1) does not make explicit reference to “joint criminal enterprise”. However, the Appeals Chamber has previously held that participating in a joint criminal enterprise is a form of liability which exists in customary international law and that it is a form of “commission” under Article 6 (1)."[13]

Of the five massacre sites presented into evidence, the ICTR Trial Chamber found that a common criminal purpose existed at the Murambi Technical School, Cyanika Parish, and Kaduha Parish. The ICTR found "that the massive scale and relative efficiency of the slaughter by necessity demanded the involvement of a plurality of persons, each carrying out a particular role at one or more of the massacres. In addition to the physical perpetrators of the crimes, other prominent participants in the enterprise included Simba, Prefect Bucyibaruta, Captain Sebuhura, and Bourgmestre Semakwavu."[14] The Trial Chamber determined Simba participated in the joint criminal enterprise through "acts of assistance and encouragement to the physical perpetrators of the crimes" at Murambi Technical School and Kaduha Parish in addition to the distribution of guns and grenades at Kaduha Parish, urging participants to "get rid of the filth."[15] Although the Trial Chamber determined a common criminal purpose existed at Cyanika Parish, it also found that there was no direct evidence connecting Simba to "the shared intention to kill Tutsi at Cyanika Parish or that the killings there would in any way be a foreseeable consequence of his role in the joint criminal enterprise at Murambi Technical School and Kaduha Parish."[16] Of the two remaining massacre sites put into evidence by the Prosecution, the ICTR determined that it was not proven beyond a reasonable doubt that the massacres at Kibeho Parish or in Ruhashya commune formed part of the joint criminal enterprise.[17]

Based on these findings, the Trial Chamber found Simba criminally responsible under Article 6 (1) of the ICTR Statute based on his participation in a joint criminal enterprise to kill Tutsi civilians at Murambi Technical School and Kaduha Parish, and guilty on Counts 1 and 3 for genocide and extermination as a crime against humanity.[18]

V. Sentencing

In determining the appropriate sentence for Simba, the ICTR noted that the "penalty imposed should reflect the goals of retribution, deterrence, rehabilitation, and the protection of society. Pursuant to Article 23 of the Statute and Rule 101 of the Rules of Procedure and Evidence, the Chamber shall consider the general practice regarding prison sentences in Rwanda, the gravity of the offences or totality of the conduct, the individual circumstances of the accused, including aggravating and mitigating circumstances, and the extent to which any penalty imposed by a court of any State on the accused for the same act has already been served."[19] In regards to aggravating factors, the Trial Chamber considered the number of victims from the killings and Simba's supplying the attackers with guns and grenades at Kaduha Parish. The Trial Chamber also found no significant mitigating circumstances. Considering the "relevant circumstances," the Trial Chamber sentenced Simba to 25 years imprisonment.[20]

[1] International Criminal Tribunal for Rwanda, The Prosecutor v. Aloys Simba, Case No. ICTR-01-76-T, December 13, 2005, para. 54, available at http://65.18.216.88/ENGLISH/cases/Simba/Judgement/Judgement.131205.pdf [hereinafter Simba].
[2] Id. at para. 6.
[3] Id.
[4] Id. at para. 7.
[5] Id. at para. 8.
[6] Simba, supra note 1, at para. 9.
[7] International Criminal Tribunal for Rwanda, Amended Indictment Pursuant to 6 May 2004 Decision, Case No. ICTR-01-76-T, available at http://65.18.216.88/ENGLISH/cases/Simba/indictment/simba.pdf.
[8] Statute of the International Criminal Tribunal for Rwanda, art. 1, available at http://65.18.216.88/ENGLISH/basicdocs/statute.html.
[9] Id. art. 2-4.
[10] Id. art. 6(1).
[11] Id. art. 6(3).
[12] Simba, supra note 1, at para. 385.
[13] Id. (citations omitted).
[14] Id. at para. 402.
[15] Id. at para. 403.
[16] Id. at para. 407.
[17] Simba, supra note 1, at para. 408.
[18] Id. at para. 419.
[19] Id. at para. 429.
[20] Id. at para. 445.

Courts & Tribunals: Three Accused Arrested by ICTR in Past Three Months

On Monday, 14 November 2005, Callixte Kalimanzira, the Minister of Interior of Rwanda in April and May 1994, made his initial appearance before the International Criminal Tribunal for Rwanda ("ICTR") and plead not guilty on charges of genocide, complicity in genocide, and direct and public incitement to commit genocide.[1] In the past three months, three individuals have surrendered or been arrested by the ICTR to face charges in connections with the 1994 genocide in Rwanda. Besides Kalimanzira's surrender on 8 November 2005, the ICTR arrested Joseph Serugendo, former member of the Comité d’Initiative and Interahamwe militia, on 16 September 2005, and Michel Bagaragaza, director general of the office controlling the Rwandan tea industry in 1994, surrendered to the ICTR 16 August 2005. Since the ICTR's inception, 72 accused persons have been arrested by the Tribunal.

Further Information:
International Criminal Tribunal for Rwanda, Case No: ICTR-05-88-1, Trial Chamber Two, "Minutes of Proceedings"
International Criminal Tribunal for Rwanda (Official Site)
Legal Texts of the ICTR
Status of ICTR Cases
Status of ICTR Detainees