Jus cogens: International Law Courts & Tribunals: 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) Pdficon_small_27

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."

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."