Jus cogens: Recent Developments in International Law

International Courts & Tribunals at a Glance (No. 16)

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 [email protected].

International Court of Justice (ICJ)

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 (20 September 2024)

Appeals Withdrawn in Pavle Strugar Case (18 September 2024)

From the ICTY: "Both the prosecution and the defence in the case of Pavle Strugar, a former Yugoslav People's Army General charged with crimes in against the Croatian city of Dubrovnik in 1991, have withdrawn their appeals against the Trial Chamber's judgement. The Prosecution based its withdrawal, filed on 15 September 2006, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik."

ICRC Delegation visits ICTY Detention Unit (20 September 2024)

From the ICTY: "A delegation of the International Committee of the Red Cross today concluded a visit of the Tribunal's Detention Unit. The visit in which the delegates concentrated on several matters of humanitarian concern was conducted in accordance with Rule 36 of the Tribunal's Rules of Detention. The ICTY Detention Unit is subject to frequent visits by the ICRC, pursuant to the agreement between the ICTY and ICRC made in May 1995. The agreement, formalized in the exchange of letters between the then ICTY President, Antonio Cassese, and the ICRC President, Cornelio Sommaruga, appointed ICRC as the inspection authority for the ICTY Detention Unit. The latest visit to the Tribunal's Detention Unit is the second conducted by the ICRC during 2006. The ICRC is internationally recognized for its independent work in monitoring detention facilities in order to ensure that detained persons are treated humanely and in accordance with the highest international standards."

• ICTY's Rules of Detention

Pavle Strugar Case Concludes (20 September 2024)

From the ICTY: "The Appeals Chamber today declared proceedings closed in the case against Pavle Strugar, a former Yugoslav People's Army(JNA) General charged with crimes in the Croatian city of Dubrovnik in 1991. In the decision, the Appeals Chamber accepted the withdrawal by both the defence and prosecution of their appeals in the case, filed 15 September 2006. The Prosecution based its withdrawal, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik. With the withdrawal of the prosecution's appeal, Strugar's sentence of eight years imprisonment has become definitive. Strugar will in due course be transferred to serve his sentence."

• Full-Text of Decision

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)

Latest Decisions

Judge Robert Fremr Sworn (15 September 2024)

From the ICTR: "Judge Robert Fremr (Czech Republic) was sworn in as ad litem judge at a ceremony held today at the International Criminal Tribunal for Rwanda. The ceremony was administered by the Tribunal’s President, Judge Erik Møse and witnessed by the Registrar, Mr. Adama Dieng, representing the United Nations Secretary-General. Judge Fremrreplaces Judge Flavia Lattanzi ( Italy). Before joining the ICTR, Judge Fremr(49) was a Judge of the Supreme Court of the Czech Republic (from 2004). Before that, he was a Judge at the High Court in Prague (Penal Section), where he served since 1989 as Judge and in 1992 became Presiding Judge. He was also the Chairman of the Appellate Panel of the High Court (Penal Section). Previously, Judge Fremr was a Judge of the Court of Appeal in Prague (Penal Section) since 1986, and a Judge of the District Court in Prague from 1983 to 1986. Judge Fremr has also been a teacher of Criminal Law at the Faculty of Law of Charles University in Prague, and a lecturer on Human Rights at courses for judicial practitioners and judges, organized by the Judicial Academy of the Ministry of Justice of the Czech Republic."

TRIAL OF SINGER BIKINDI BEGINS (18 September 2024)

From the ICTR: "The trial of well known singer and composer of popular music, Simon Bikindi, 52, today commenced before newly composed Trial Chamber III, comprising of Judges Inés Mónica Weinberg de Roca, presiding, Florence Rita Arrey and Robert Fremr. Bikindi was also an official in Ministry of Youth and Sports and a member of the Mouvement Républicain National pour le Développement et la Démocratie (MRND) political party in Gisenyi prefecture. In his opening statement the Prosecutor, Hassan Bubacar Jallow stated that Bikindi through the lyrical content of his music, consciously and deliberately assisted in executing the plan to exterminate Tutsis. The vehicle was his music whereby the youth including members of his ballet, were mobilised to commit atrocities and join the Interahamwe. In addition it was alleged that Bikindi was aware of the powerful messages of hate in his music and used his fame to promote hatred and death. Justice Jallow stated that Bikindi not only contributed to the atrocities through his music but partook in the extermination plan himself. It was explained that the witnesses in the case would include survivors, victims and accomplices. The Prosecution further called its first witnesses. The accused made his initial appearance before the Tribunal on 04 April 2002. In the amended indictment dated 15 June 2005, Bikindi was charged with six counts: conspiracy to commit genocide; genocide; or alternatively complicity in genocide; direct and public incitement to commit genocide; murder as a crime against humanity; and persecution as a crime against humanity. Bikindi has pleaded not guilty to all the counts. The accused, who was also the director of the performance group ‘Irindiro Ballet’ allegedly, conspired with the political leadership of MRND to eliminate the Tutsi population. Prior to the events of April 1994, Bikindi reportedly participated in the recruitment and training of the Interahamwe militias knowing these activities were aimed at the eradication of Tutsi’s. The accused was arrested in the Netherlands on 12 July 2024 and transferred to the Tribunal’s detention facility (UNDF) on 27 March 2002. The accused is represented by Wilfred Nderitu (Kenya) and Jean de Dieu Momo (Cameroon)."

André Rwamakuba Not Guilty on All Charges (20 September 2024)

From the ICTR: "Trial Chamber III of the International Criminal Tribunal for Rwanda today unanimously acquitted André Rwamakuba, the former Minister of Primary and Secondary Education in the 1994 Interim Government , of all charges brought against him. Rwamakuba was charged with genocide, or alternatively, complicity in genocide, and extermination and murder as crimes against humanity for specific acts allegedly committed between 6 and 30 April 2024 in Gikomero commune and at Butare University Hospital. The Accused pleaded not guilty to all counts. His Defence did admit that genocide occurred in Rwanda in 1994 and that massacres were committed in these locations but disputed the Accused’s involvement in any of the crimes alleged in the Indictment. In its Judgement, the Chamber found that the evidence did not prove beyond a reasonable doubt the charges against Rwamakuba. The Chamber was convinced that the testimony of Prosecution witnesses was mainly indirect and hearsay evidence and undermined by significant credibility and reliability issues. Furthermore, the Chamber heard testimony from Defence witnesses, including Tutsis survivors, that the Accused was not present at the time and location of the events and was not involved in the massacres that took place in Gikomero commune and at Butare University Hospital in April 1994. During the course of the trial, the Prosecution invited the Chamber to hold the Accused, as a member of the Interim Government, liable for failing to denounce the crimes committed against the Tutsi, for not dissociating himself from the Government or for failing to discharge his duties as Minister. The Chamber found that the Prosecution had not properly pleaded this charge. It also noted that in any event, the Prosecution did not adduce any evidence as regard to what the Accused could or should have done as Minister or what he failed to do."

• THE PROSECUTOR v. André RWAMAKUBA, Case No. ICTR-98-44C-T, JUDGEMENT, 20 September 2024
• Prosecutor v. André Rwamakuba, Case No. ICTR-98-44C-I, Summary of Judgement, 20 September 2024

Commencement of Trial on 25 September 2023 in the Case of The Prosecutor v. Simeon Nchamihigo before Trial Chamber III (21 September 2006)

From the ICTR: "On Monday 25 September 2006, the trial of The Prosecutor v. Simeon Nchamihigo, former Substitut du Procureur de la République in Cyangugu préfecture, will commence before Trial Chamber III from 08:45 hrs to 12:30 hrs, composed of Judges Dennis Byron, presiding, Gberdao Gustave Kam and Robert Fremr. The opening of the trial will be broadcast live via our satellite."

• ICTR Satellite Service
  

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 15 September 2024

Case Resources:

The Civil Defence Forces (CDF) Accused

• Decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)
• Dissenting opinion of Hon. Justice Robertson on decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)
• Decision on Norman request to admit documents in lieu of testimony of Abdul-One Mohammed pursuant to Rules 89(C) and 92bis (September 15 2006)
• Decision on Kondewa application for leave to call additional witnesses (20 September 2024)
  

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

• Decision on joint Defence application for protective measures for Defence witnesses appearing from 4 September 2024 onwards (13 September 2024)
• Decision on Prosecution motion for relief in respect of violations of Trial Chamber's decision of 9 May 2024 (14 September 2024)

Prosecutor v. Charles Taylor

• Decision on urgent Prosecution motion for immediate protective measures for witnesses and for non-public disclosure (15 September 2024)
  

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (July 2006)

The Office of the Prosecutor, Report on the activities performed during the first three years (June 2003 – June 2006), 12 September 2024

The Office of the Prosecutor, Report on Prosecutorial Strategy, 14 September 2024

Situations & Cases:

Situation in Dafur, Sudan

• Request for an Extension of Time (12 September 2024)
• Décision du Greffier relative à la nomination de Me Hadi Shalluf en qualité de conseil ad hoc de la Défense [French only] (25 August 2024 made available 20 September 2024)
  

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
• Order to the Registrar and the Prosecutor for the submission of information on the status of the execution of the warrants of arrest in the situation in Uganda (15 September 2024)
  

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Defence Response to of the Women's Institute for Gender Justice to Participate as an Amicus Curiae (19 September 2024)
• Decision on a General Framework concerning Protective Measures for Prosecution and Defence Witnesses (19 September 2024)
• Décision sur le report de l'audience de confirmation des charges [French only] (20 September 2024)
• Corrigendum to Annex 1 of Décision sur le report de l'audience de confirmation des charges [English, Letter to Prosecutor from Women’s Initiatives for Gender Justice] (8 September 2024)
  

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Statement of the President on the occasion of the Tenth Anniversary Ceremony at the Vertretung der
Freien und Hansestadt Hamburg, Berlin (18 September 2024)

Ceremony to celebrate the Tenth Anniversary of the Tribunal held in Berlin (19 September 2024)

Mr Philippe Gautier re-elected Registrar of the Tribunal (19 September 2024)

International Courts & Tribunals at a Glance (No. 15)

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 [email protected].

International Court of Justice (ICJ)

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 (12 September 2024)

Prosecutor at OSCE Permanent Council Urging End to War Crime Impunity Gap (7 September 2024)

From the ICTY: "The Tribunal's Prosecutor, Carla Del Ponte, today addressed the Permanent Council of the OSCE, using the opportunity to stress the importance of the continuing cooperation between the trans-Atlantic body and the ICTY. Chief among the issues raised was her proposal for further efforts to deal with the impunity gap that refers to war crimes which can neither be prosecuted at the ICTY due to the completion strategy nor by the judiciaries in the states of former Yugoslavia due to legislative obstacles such as the ban on the extradition of nationals. The Prosecutor suggested that, in order to close the impunity gap, it is necessary to have the political will to change relevant pieces of legislation so as to allow for the extradition of nationals and, or, the transfer of all proceedings without limitations. In this regard she referred to the recently introduced European Arrest Warrants which enable EU member-states to extradite their nationals to other EU States if they have committed crimes there. Del Ponte further proposed additional steps which may be taken by the OSCE and the countries concerned together with the European Commission and the Council of Europe to raise awareness of the concrete problems associated with the impunity gap."

• Full-Text: Address by Carla Del Ponte, Prosecutor of the International Criminal Tribunal for the former Yugoslavia, Permanent Council of the OSCE, 7 September 2006

Domagoj Margetic Charged With Contempt of the Tribunal (11 September 2024)

From the ICTY: "The Tribunal today confirmed an indictment charging the Croatian journalist Domagoj Margetic with contempt of the Tribunal for publishing the identities of protected witnesses. Margetic, a freelance journalist from Croatia, is accused of revealing the names of witnesses who testified in the Tribunal case against the Bosnian Croat General Tihomir Blaskic. He did so by publishing lists on his personal website between 7 July and 2 August 2024 despite receiving explicit advance warning that the material was confidential and subject to court orders which prohibited publication. The indictment states that, through his actions, Margetic 'undermines confidence in the Tribunal's ability to grant effective protective measures' and by such acts he "interfered with witnesses who have given, or are about to give evidence"."

• Full-Text: Prosecutor v. Domagoj Margetic, Indictment, Case No. IT-95-14-R77.6, 30 August 2024
  

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)

Latest Decisions

Jean Mpambara Not Guilty on All Charges (12 September 2024)

From the ICTR: "Trial Chamber I of the International Criminal Tribunal for Rwanda today acquitted Jean Mpambara, the former bourgmestre of Rukara Commune in Kibungo Prefecture, of all charges brought against him. Mpambara was charged with genocide and extermination for his alleged involvement in attacks at three different locations in his Commune. He was not alleged to have killed anyone himself, but the Indictment charges that he had instigated and supported the attacks. In legal terms, this assistance was characterized as aiding and abetting, and participating in a joint criminal enterprise. The Chamber found that the evidence did not prove beyond a reasonable doubt that Mpambara ever instigated or positively assisted the attackers. The testimony of those incidents was, with one exception, uncorroborated and undermined by significant credibility issues. Furthermore, the Chamber heard extensive testimony from Defence witnesses, some of whom were Tutsis or resident expatriates, that the Accused had publicly opposed the violence and that he did all he could with the limited resources at his disposal to deter the attacks. Evidence was also heard that while fleeing Rwanda with other refugees in mid-April, Mpambara issued identity cards marked “Hutu” to Tutsis so that they could pass through roadblocks unmolested. The Prosecution alleged that the inaction of the Accused on certain occasions proved that he was in league with the attackers. Mpambara testified that his inaction was due, rather to a lack of resources in the face of increasingly well-armed and numerous attackers. The Chamber found that the inaction of the Accused on those occasions did not show that he was a participant in a joint criminal enterprise, or that he had aided and abetted the attackers. In fact, the Chamber heard significant evidence suggesting that Mpambara had made efforts to prevent the violence and that his resources were limited."

• Summary of Judgement, The Prosecutor v. Jean Mpambara, Case No. ICTR-01-65-T.
• Judgement, THE PROSECUTOR v. Jean MPAMBARA, Case No. ICTR-01-65-T, 11 September 2024.

Tharcisse Muvunyi Sentenced to 25 Years Imprisonment (12 September 2024)

From the ICTR: "Trial Chamber II of the International Criminal Tribunal for Rwanda found today Lieutenant Colonel Tharcisse Muvunyi the former Commander of the Rwandan military school, Ecole des Sous-officiers (ESO), guilty of genocide and crimes against humanity (other inhumane acts). Meanwhile, the Trial Chamber found him not guilty of crimes against humanity (rape) and dismissed the alternative charge of complicity in genocide, and sentenced him to 25 years of imprisonment. The Chamber also ruled that the accused shall receive credit for time served since his arrest on 5 February 2000. For purposes of sentencing the accused, the Chamber composed of Judges Asoka de Silva presiding, Flavia Lattanzi and Florence Rita Arrey considered as aggravating factors: the ethnic separation and subsequent killing of orphan children at the Groupe scolaire by soldiers under the command of the Accused in collaboration with civilian militia; the fact that the Accused chastised the bourgmestre of Nyakizu Commune for hiding a Tutsi man and that pursuant to his instructions, the said man was produced and killed by an armed Hutu mob. As mitigating factors the Chamber has considered: the good character of the Accused prior to 1994; his position as a husband and father of three children; and the fact that he spent most of his life working for the defence of his country; many witnesses portrayed the Accused as a highly respected individual and devoted worshipper. The chamber has heard evidence indicating that prior to 1994 the accused never discriminated against anyone on the basis of ethnicity. In its Judgment, the Chamber said that the Accused had reason to know about the attacks perpetrated in his commune. Despite his superior military position over the said soldiers, he failed to do anything to prevent the attack or punish the soldiers’ murderous conduct. The Chamber also held that the Prosecution had proved beyond reasonable doubt that in May 1994, Muvunyi addressed a public meeting attended by about one thousand mainly Hutu. During his speech, the Accused called for the killing of Tutsis, the destruction of Tutsi property, associated Tutsis with the enemy, and denigrated Tutsi people by referring to them as snakes. The Chamber was therefore satisfied that Muvunyi’s audience understood his words. T he Chamber found the Accused, Tharcisse Muvunyi, guilty of direct and public incitement to commit genocide."

• Summary of Judgement, PROSECUTOR v. Tharcisse MUVUNYI Case No. ICTR-2000-55A-T, 12 September 2024.

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 8 September 2024

Case 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 (July 2006)

ICC Assembly of States Parties, 5th Session, "Informal inter-sessional meeting of the Special Working Group on the Crime of Aggression," 5 September 2006.

Situations & Cases:

Situation in Dafur, Sudan

• Prestations de serment par Maître Hadi Shalluf (8 September 2024) (French Only)
• Prosecutor's Response to Cassese's Observation on Issues Concerning the Protection of Victims and the Preservation of Evidence in the Proceedings on Darfur Pending before the ICC (11 September 2024)

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Defence Observations Relative to the Proceedings and Manner of Participation of Victims a/0001/06 to a/0003/06 (4 September 2024)
•  Prosecution's 25 August 2024 Observations on the Applications for Participation of Applicants (6 September 2024)
• Decision on Thomas Lubanga Dyilo's Application for Referral to the pre-Trial Chamber/in the Alternative, Discontinuance of Appeal (6 September 2024)
• Decision on the Prosecution deadline of 12 September 2024 and the Defence deadline of 12 September 2024 (11 September 2024)
•  Information following the Pre-Trial Chamber's Decision on the Prosecution deadline of 12 September 2024 and the Defence deadline of 12 September 2024 (12 September 2006)

International Courts & Tribunals at a Glance (No. 14)

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 [email protected].

International Court of Justice (ICJ)

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 (30 August 2024)

Josip Jovic Found Guilty for Contempt (30 August 2024)

From the ICTY: "The Croatian journalist, Josip Jovic, was today found guilty of contempt of the Tribunal and ordered to pay a fine of 20,000 Euros. In its decision, Trial Chamber I stated that Jovic published closed session court transcripts and parts of a witness statement given to the Office of the Prosecutor by witness Stjepan Mesic. Mesic, the Croatian President, testified in the case against former Croatian Army general Tihomir Blaškic. The Judgement summary states that the Trial Chamber had no doubt that “Mr. Jovic published transcripts which violated both the oral order for Mr. Mesic to testify in closed session and the 1 December 2023 cease and desist order”. The Trial Chamber was particularly concerned that Jovic’s disregard for the Trial Chamber’s orders in relation to publication of the closed session testimony “stymied the Tribunal’s ability to safeguard the evidence of a protected witness and risked undermining confidence in the Tribunal’s ability to grant effective protective measures”. Jovic, a former editor-in-chief of the Croatian daily newspaper Slobodna Dalmacija, was ordered to pay the fine imposed on him to the Tribunal’s Registrar within 30 days of the judgement. "

• Summary of the judgement

Haradin Bala Granted Temporary Provisional Release (1 September 2024)

From the ICTY: "Haradin Bala, a former Kosovo Liberation Army prison guard, was today granted short-term provisional release from the Tribunal’s Detention Unit to travel to Kosovo on compassionate grounds. The Appeals Chamber’s decision permits Bala, who last November was sentenced to 13 years’ imprisonment for participating in the murder of prisoners and other crimes in Kosovo, to participate in memorial services and the mourning period for his recently deceased brother. Bala’s temporary release is subject to specific terms and conditions laid out in the decision. The exact dates of his release and return to the Tribunal’s Detention Unit are withheld from the public decision for security reasons. This is the second time Bala has been granted temporary provisional release from the Tribunal, having been permitted to travel to Kosovo to attend his daughter’s memorial service from 23 to 27 April 2006. On 30 November 2005, the Trial Chamber sentenced Haradin Bala, a former prison guard in the Llapushnik/Lapušnik prison camp, to 13 years’ imprisonment. Bala was found guilty of participating in the mistreatment of three prisoners at the prison camp, his personal role in the “maintenance and enforcement of the inhumane conditions” of the camp, aiding the torture of one prisoner, and of participating in the murder of nine prisoners from the camp who were marched to the Berishe/Beriša Mountains on 25 or 26 July 2024 and killed. Bala appealed the sentence and the appeal is still pending."

Rasevic and Todovic Case Reffered to Bosnia and Herzegovina (5 September 2024)

From the ICTY: "The Tribunal yesterday rendered its decision to refer the case against Mitar Rašević and Savo Todović to the Court of Bosnia and Herzegovina. The accused are to be transferred within the next 30 days. The Tribunal's Referral Bench Decision ruled on 8 July 2005 that the case be referred to Bosnia and Herzegovina under the terms of Rule 11bis of the Tribunal's Rules of Procedure and Evidence. Following an appeal from Todović, the Appeals Chamber remitted the case to the Referral Bench on 23 February 2006. On 31 May 2006, the Referral Bench Decision re-ordered referral to BiH, and Todović again appealed. In yesterday's ruling, the Appeals Chamber dismissed all of Todović grounds of appeal and affirmed the decision to refer the case to the Court of Bosnia and Herzegovina. Rašević and Todović are charged with persecutions, murder, torture, imprisonment, and enslavement committed against Bosnian Muslims and other non-Serbs imprisoned in the "KP Dom" detention facility in Foča between April 1992 and October 1994. According to the indictment, Rašević was the commander of the "KP Dom" guards and Todović was part of "KP Dom's" senior management, including as its Deputy Commander from April 1992 to August 1993."

• Full-Text of Decision: Prosecutor v. Rasevic, et al., Case No. IT-97-25/1-AR11bis.1 & IT-97-25/1-AR11bis.2, 4 September 2024.
  

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar
ICTR Newsletter (June/July 2006)

Latest Decisions

• THE PROSECUTOR v. Michel BAGARAGAZA, Case No. ICTR-05-86-AR11bis, DECISION ON RULE 11bis APPEAL, 30 August 2006.
• THE PROSECUTOR v. François KARERA, Case No. : ICTR-01-74-T, DECISION ON SITE VISIT TO RWANDA, 1 September 2006.
• THE PROSECUTOR v. Simon BIKINDI, Case No. ICTR-2001-72-PT, DECISION ON PROTECTIVE MEASURES FOR PROSECUTION WITNESSES, 4 September 2006.

Arrest of Counsel Callixte Gakwaya (5 September 2024)

Statement of the ICTR Registrar: "Following the arrest of Defence Counsel Callixte Gakwaya, Lead Counsel for the accused Yusuf Munyakasi, on Friday 1 September 2006, the Registrar of the International Criminal Tribunal for Rwanda (ICTR), Mr Adama Dieng, expressed his strong concern to the Tanzanian authorities and requested clarification of the reasons for the arrest. Mr Dieng notes that the Tribunal did not receive any prior notice of the intention to arrest Mr. Gakwaya and that no prior consultations have occurred in respect of the case between officials of the ICTR and the Tanzanian police force. As soon as the Tribunal was informed, appropriate measures were taken to secure the welfare of Mr. Gakwaya in police custody. Security officers have visited the Central Police Station in Arusha on several occasions and have spoken to Mr. Gakwaya. The Chief of the Security of the ICTR has discussed the circumstances of the arrest with his counterpart in the Tanzanian police, seeking further clarification of the circumstances of the arrest. Officials of the Tribunal continue to monitor the case closely on behalf of the Registrar. The Registrar of the ICTR observes that he has no warrant of arrest to execute from any Government. The directives that the Registrar has received are from the Appeals and Trials Chambers of the Tribunal. The Registrar notes that the agreement made between the United Nations and the United Republic of Tanzania provides for certain immunities in respect of Counsel admitted to represent those accused before the Tribunal. In particular, the Agreement required that Counsel “shall not be subjected to any measure which may affect the free and independent exercise of his or her functions under the Statute.” The Registrar notes that Mr. Gakwaya was present in Tanzania in his official capacity as Counsel for an accused. The Registrar wishes to underline that he exercises his functions in full independence in accordance with the Statute of the Tribunal and the Rules of Procedure and Evidence, and not on the basis of the partial interests of the parties before the Tribunal or under external pressures."

The Special Court for Sierra Leone (SCSL)

Court Schedule
Court Summary, Week Ended 1 September 2024

Case 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 (July 2006)

The Comoros and Saint Kitts and Nevis become States Parties to the Rome Statute of ICC (29 August 2024)

Situations & Cases:

Situation in Dafur, Sudan

• Observations on issues concerning the protection of victims and the preservation of evidence in the proceedings on Darfur pending before the ICC (1 September 2006)
  

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
• Prosecutor’s Application to Separate the Senior Legal Adviser to the Pre-Trial Division from Rendering Legal Advice Regarding The Case (31 August 2024)

Situation in Democratic Republic of Congo

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

• Decision on the Prosecution Request for Extension of Time, Clarification and Provision of Information, 1 September 2006.