Jus cogens: Recent Developments in International Law

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 [email protected].

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 2024)

ICTY Plenary Discusses Ways to Expedite Court Proceedings (31 May 2024)

Judges of the ICTY "met in a plenary session 30 May 2024 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 2024)

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, 2024 (pdf file)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Joseph Serugendo sentenced to six years imprisonment (2 June 2024)

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 2024
• 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 2024
• 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 2024
• Karemera et al., Case No. ICTR-98-44-T, INTERIM ORDER ON DEFENCE MOTION FOR SUBPOENA TO MEET WITH DEFENCE WITNESS NZ1, 31 May 2024
• 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 2024
• 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 2024

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 2024
• Prosecutor v. Charles Ghankay Taylor, Case No. SCSL-2003-01-R72, Decision on urgent Defence motion against change of venue, 29 May 2024

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Uganda

• Interpol issues first ICC Red Notices (1 June 2024) 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 [email protected].

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 2024)

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 2024)

From the ICTR, "On 19 May 2024 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 2024 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 2024
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON CERTIFICATION OF REQUEST FOR SEVERANCE OF THREE ACCUSED, 22 May 2024
• THE PROSECUTOR v. Athanase SEROMBA, Case No. ICTR-01-66-AR, DECISION ON INTERLOCUTORY APPEAL OF A BUREAU DECISION, 22 May 2024
• 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 2024
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON DISCLOSURE OF IDENTITY OF PROSECUTION INFORMANT, 24 May 2024
• Military I (Bagosora et al.), Case No. ICTR-98-41-T, DECISION ON MOTION TO UNSEAL TESTIMONY OF DEFENCE WITNESS RAS-1, 24 May 2024
• Karemera et al., Case No. ICTR-98-44-T, ORAL DECISION RELATING TO THE LATE DISCLOSURE REGARDING WITNESS T, 24 May 2024
• 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 2024

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 2024)
• Decision on the Prosecution Filing of 19 April 2024 and Application of 24 April 2024 (22 May 2024)
• Decision on the Defence Motion concerning the Ex parte hearing of 2 may 2024 (22 May 2024)
• Motion for Reconsideration + Annex 1 (22 May 2024)
• Decision on the Prosecution Motion for Reconsideration (23 May 2024)
• Motion for Reconsideration and, in the Alternative, Leave to Appeal (24 May 2024)
• 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 [email protected].

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 2024)

Tribunal Welcomes Independent Audit of its Detention Unit (15 May 2024)

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 2024 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 2024
• juscogens.net: "Prosecutor v. Milosevic: Termination of Proceedings, Inquiry, and Case Resources"

President Pocar Arrives On A Working Visit To Sarajevo (15 May 2024)

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 2024)

Latest Decisions:

Military I (Bagosora et al.), Case No. : ICTR-98-41-T, DECISION ON MOTION TO PRECLUDE A JOINT RESPONSE, 15 May 2024

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 2024

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 2024

THE PROSECUTOR v. Aloys SIMBA, Case No. ICTR-01-76-A, NOTICE ON PROSECUTOR'S MOTION WITHDRAWING MOTION REGARDING CONFIDENTIAL FILINGS, 17 May 2024

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 2024

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 2024

Military I (Bagosora et al.), Case No. : ICTR-98-41-T, DECISION ON NZIRORERA REQUEST FOR ACCESS TO PROTECTED MATERIAL, 19 May 2024

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 19 May 2024

New President for the Special Court for Sierra Leone (15 May 2024)

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 2024 and anticipation of subpoenas ad testificandum, 17 May 2024

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 2024

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 2024

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 2024)
• Decision on the Defence Request for Unrestricted Access to the Entire File of the Situation in the Democratic Republic of the Congo (17 May 2024)
• Supplemental Filing of the Prosecution's Final Proposed Redactions to the Transcript of the in camera Meeting of 17 March 2024 (17 May 2024)
• Decision correcting the annex regarding the redactions of the transcript of the camera meeting held on 17 March 2024 (17 May 2024)
• 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 2024)
• 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 2024)
• Decision Establishing General Principles Governing Applications to Restrict Disclosure pursuant to Rule 81 (2) and (4) of the Statute (19 May 2024)

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 [email protected].

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 2024)
• 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 2024 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 2024)

Ivica Rajic Sentenced to 12 Years' Imprisonment (8 May 2024)

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 2024
• SUMMARY OF THE SENTENCING JUDGEMENT FOR IVICA RAJIC, 8 May 2024

Zeljko Mejakic, Momcilo Gruban, Dusan Fustar and Dusko Knezevic transferred to Bosnia and Herzegovina (9 May 2024)

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 2024

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 2024

• 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 2024

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 2024

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 12 May 2024

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 2024

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 2024

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 2024 (9 May 2024)

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 [email protected].

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 2024 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 2024)

Appeals Chamber Confirms Sentences Against Mladen Naletilic and Vinko Martinovic (3 May 2024)

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 2024

Address by Carla Del Ponte, Prosecutor of the ICTY, at the International Conference (5 May 2024)

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

Blagoje Simic Granted Temporary Provisional Release (5 May 2024)

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 2024

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions

Closing arguments in Mpambara‘s Trial (4 May 2024)

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 2024

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 2024)

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

• Prosecution's Final Observations on Disclosure (2 may 2024)
• Observations of the Defence relating to the system of disclosure in view of the Confirmation Hearing (2 may 2024)
• Registrations in the record of material presented at the ex parte closed hearing of 2 February 2024 (3 May 2024)

Situation in Uganda

• Prosecutor's Submission of Information on Further Unsealing of Documents of the Record (3 May 2024)

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 2024)

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 [email protected].

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 2024)

Trial in the Prlic et al. Case Began on 26 APRIL 2024

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 2024 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 2024)

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 2024)

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 2024)

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 2024)

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 28 April 2024

Special Court Prosecutor to Step Down (28 April 2024)

International Criminal Court (ICC)

Hearing Schedule

The ICC Presidency Approves Regulations of the Registry (19 April 2024)

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 [email protected].

International Court of Justice

To celebrate its sixtieth anniversary, the International Court of Justice held a solemn sitting in the Peace Palace (12 April 2024)

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 2024)

Decision Rendered on Referral of the Pasko Ljubicic Case under Rule 11 Bis (12 April 2024)

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 2024
• Rule 11 bis

Vladimir Kovacevic Declared Unfit to Stand Trial (12 April 2024)

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 2024

Haradin Bala Granted Temporary Provisional Release (20 April 2024)

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 2024 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 2024

International Criminal Tribunal for Rwanda (ICTR)

Judicial Calendar

Latest Decisions

Karemera, et al., DECISION ON JURISDICTIONAL APPEALS: JOINT CRIMINAL ENTERPRISE (12 April 2024)

Bisengimana Sentenced to 15 Years Imprisonment (13 April 2024)

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 2023 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 2024
• The PROSECUTOR v. Paul BISENGIMANA, Case No. ICTR-00-60-T, CORRIGENDUM-JUDGEMENT AND SENTENCE, 20 April 2024

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 2024)

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 2024)

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 2024 (12 April 2024)

International Criminal Court (ICC)

Hearing Schedule

The ICC Presidency Approves Regulations of the Registry (19 April 2024)

Situations & Cases:

Prosecutor v. Thomas Lubanga Dyilo

• Pre-Trial Chamber I to hold Public Hearing on Procedural Matters on 24 April 2024

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 2024)

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 [email protected].

International Court of Justice

• Sixtieth Anniversary of the International Court of Justice, Solemn sitting of Wednesday 12 April 2024
• 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 2024

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 2024)

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 2024)

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 2024)
• Full Text of Appeals Judgement

    Final Independent Dutch Inquest Results Concerning Death of Slobodan Milosevic (4 April 2024)

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 2024)

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 2024)

The Special Court for Sierra Leone

• Court Schedule
• Weekly Court Summary (week ending 7 April 2024)
• Counsel Provisionally Assigned to Charles Taylor (5 April 2024)
• Prosecutor's Statement on Initial Appearance of Charles Taylor (3 April 2024)
• Special Court President Requests Charles Taylor be Tried in The Hague (30 March 2024)
• Decision and Order For Disclosure, Prosecutor v. Charles Taylor (30 March 2024)
• Amended Indictment, Prosecutor v. Charles Taylor, 17 March 2024

International Criminal Court (ICC)

• First arrest for the International Criminal Court (17 March 2024)
• Initial appearance of Mr Thomas Lubanga Dyilo before the Pre-Trial Chamber I (20 March 2024)
• The International Criminal Court and the European Union sign an agreement on cooperation and assistance (10 April 2024)

Permanent Court of Arbitration

• Partial Award, SALUKA INVESTMENTS BV (THE NETHERLANDS) v THE CZECH REPUBLIC (17 March 2024)

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

Prosecutor v. Milosevic: Termination of Proceedings, Inquiry, and Case Resources

On Tuesday, 14 March 2006, the International Criminal Tribunal for the Former Yugoslavia ("ICTY") terminated the proceedings against Slobodan Milosevic. Milosevic died in the detention unit of the ICTY on 11 March 2006. Both the ICTY and Dutch authorities are performing an investigation into Milosevic's death. Although it suffered a premature end, the trial of Milosevic at the ICTY created a voluminous, detailed record.

I. Termination of Proceedings By the ICTY Against Slobodan Milosevic (Case No. IT-02-54 "Kosovo, Croatia and Bosnia-Herzegovina")

Milosevic faced charges for genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the 1949 Geneva Convention. In the indictments, Milosevic faced charges based upon both individual criminal responsibility and superior criminal responsibility as President of the Federal Republic of Yugoslavia, Supreme Commander of the Yugoslav Army, and President of the Supreme Defence Council. These charges were presented in three separate indictments, commonly referred to as "Kosovo, Croatia, and Bosnia," for events occurring between 1991 and 1999. The ICTY's Case Information Sheet presents an excellent summary of each indictment, including a description of the facts that served as the foundation of the Prosecutor's case. Milosevic's death ended the lengthy trial against him, as demonstrated by the over 49,000 pages of transcripts. In announcing the termination of the proceedings on 14 March 2006, Judge Robinson stated that Milosevic's "untimely death has deprived not only him but indeed all interested parties of a judgment upon the allegations in the indictment. His death terminates these proceedings. We express our thanks to all those who participated in these long and difficult proceedings over the past four years and who contributed to the Chamber's consideration of the many issues that arose during the trial."[1]

II. Inquiry into Milosevic's Death by ICTY and Dutch Authorities

Aside from the termination of the proceedings, the ICTY also established a separate inquiry into the events surrounding Milosevic's death. This ICTY inquiry is separate and distinct from the investigation being performed by Dutch authorities. The ICTY's Rules of Detention are the basis of the separate investigations by the ICTY and Dutch authorities. Under Rule 33 of the ICTY's Rules of Detention, "in the event of the death of a detainee, an inquest will be conducted in accordance with the legal requirements of the Host State." Additionally, Rule 33 states that the "[ICTY] President may order an inquiry into the circumstances surrounding the death or serious injury of any detainee."[2]

As the Host State under Rule 33 of the ICTY's Rules of Detention, the Kingdom of the Netherlands, has undertaken an independent investigation into Milosevic's death. The Headquarter Agreement between the United Nations and the Government of the Kingdom of the Netherlands establishing the ICTY also provides guidance in establishing the nature and extent of the Dutch inquiry into Milosevic's death. Article XXI (2) of the Headquarter Agreement states that the ICTY "shall cooperate at all times with the competent authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities accorded under [the Headquarter Agreement]."[3] Provisional findings by the the Public Prosecutor's Office of The Hague indicated that Milosevic died from a heart infarction.[4]

The separate ICTY inquiry is under the order of the ICTY President, Judge Fausto Pocar, and being led by ICTY Vice-President, Judge Kevin Parker. Pursuant to this inquiry, the ICTY Trial Chamber I considered whether the ICTY inquiry into Milosevic's death could access the confidential materials of the Prosecutor v. Milosevic case record.[5] On 16 March 2006, Trial Chamber I of the ICTY ordered the ICTY Registrar to "grant the authorities of The Netherlands and Judge Parker full access to the Milosevic case file, and supply them with any materials they request."[6]

In addition to the two inquiries of Milosevic's death by the ICTY and the Netherlands, on 30 March 2024 the Swedish Government accepted the ICTY's request to conduct an independent audit of the ICTY Detention Unit.[7]

III. Prosecutor v. Milosevic Case Resources: Background, Indictments, Transcripts of Proceedings, Judgments, Decisions, and Orders

A. Background & Overview

• MILOSEVIC (IT-02-54) "Bosnia and Herzegovina" Case Information Sheet
• ARCHIVE: MILOSEVIC CASE ("Kosovo, Croatia and Bosnia Herzegovina") Overview of Court Proceedings

B. Indictments

Kosovo

• Initial Indictment 24 May 2024
• First Amended Indictment 29 June 2024
• Second Amended Indictment 22 November 2023

Croatia

• Initial Indictment 8 October 2023
• First Amended Indictment 23 October 2023
• Second Amended Indictment 28 July 2024
• Annex I to Second Amended Indictment
• Annex II to Second Amended Indictment

Bosnia

• Initial Indictment, 22 November 2023
• Amended Indictment, 21 April 2024

C. Transcripts of Proceedings (49,000+ pages)

• Transcripts of All Proceedings

D. Judgments, Decisions & Orders:

• TRIAL CHAMBERS AND APPEALS CHAMBER JUDGEMENTS
• TRIAL CHAMBER DECISIONS
• TRIAL CHAMBER ORDERS
• APPEALS CHAMBER DECISIONS
• APPEALS CHAMBER ORDERS
• ICTY PRESIDENT DECISIONS
• REGISTRY DECISIONS

E. Death of Milosevic & Inquiry

• Statement by ICTY Prosecutor (11 March 2024)
• Statement by ICTY President (12 March 2024)
• PRELIMINARY AUTOPSY RESULTS OF SLOBODAN MILOSEVIC
• Statement by ICTY Prosecutor (12 March 2024)
• President of the ICTY, ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE, Case No. IT-02-54-T, March 14, 2006.
• ICTY, Trial Chamber I, ORDER LIFTING CONFIDENTIALITY OF RELEVANT MATERIALS FOR INVESTIGATION PURPOSES, Case No. IT-02-54-T, March 16, 2006.
• H.J. Moraal, Senior Public Prosecutor, The Hague, Netherlands, "Provisional Findings Concerning the Death of S. Milosevic," March 17, 2006.
• ICTY, President, "UPDATE FROM THE PRESIDENT ON THE DEATH OF SLOBODAN MILOSEVIC," March 17, 2006.

[1] ICTY, Case No. IT-02-54, Transcript of proceedings, p. 49,191, March 14, 2006, available at < http://www.un.org/icty/transe54/060314IT.htm>

[2] ICTY, RULES GOVERNING THE DETENTION OF PERSONS AWAITING TRIAL OR APPEAL BEFORE THE TRIBUNAL OR OTHERWISE DETAINED ON THE AUTHORITY OF THE TRIBUNAL, rule 33, as amended July 21, 2005, available at < http://www.un.org/icty/legaldoc-e/basic/detention/detindex.htm>.

[3] ICTY, AGREEMENT BETWEEN THE UNITED NATIONS AND THE KINGDOM OF THE NETHERLANDS CONCERNING THE HEADQUARTERS OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991, art. XXI(2), May 27, 1994, available at <http://www.un.org/icty/legaldoc-e/basic/cooperation/headindex.htm>.

[4] H.J. Moraal, Senior Public Prosecutor, "Provisional findings concerning the death of S. Milosevic," March 17, 2006, available at <http://www.un.org/icty/milosevic/report-english.htm>.

[5] ICTY, ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE, Case No. IT-02-54-T, March 14, 2006, available at <http://www.un.org/icty/milosevic/trialc/order-e/060314.pdf>.

[6] ICTY, ORDER LIFTING CONFIDENTIALITY OF RELEVANT MATERIALS FOR INVESTIGATION PURPOSES, Case No. IT-02-54-T, March 16, 2006, available at <http://www.un.org/icty/milosevic/trialc/order-e/060316.htm>.

[7] ICTY, SWEDISH GOVERNMENT ACCEPTS TRIBUNAL REQUEST TO AUDIT THE DETENTION UNIT, March 31, 2006, AM/MO/1060e, available at <http://www.un.org/icty/pressreal/2006/p1060-e.htm>.

Courts & Tribunals: Ante Gotovina Pleads Not Guilty Before International Criminal Tribunal for the Former Yugoslavia (ICTY)

On 12 December 2023 former Croatian General Ante Gotovina plead not guilty to seven counts under an amended indictment before the International Criminal Tribunal for the Former Yugoslavia.[1] Gotovina, arrested on 7 December in the Canary Islands by Spanish authorities and thereafter transferred to the ICTY's Detention Unit, faces charges of: persecutions, murder, plunder of property, wanton destruction of cities, town or villages, deportation and forced displacement, and other inhumane acts.

Originally indicted on 8 June 2001, the Prosecutor presented an amended indictment to the ICTY on 19 February 2004. The factual basis of the indictment concerns the August 1995 Croatian military offensive known as "Oluja" or "Storm" (Operation Storm), which aimed to retake the Krajina region of Croatia. According to the indictment, Gotovina "was the overall operational commander of the Croatian forces that were deployed as part of Operation Storm in the southern portion of the Krajina region, including the municipalities, in whole or in part, of Benkovac, Gracac, Knin, Obrovac, Sibenik, Sinj and Zadar."[2]

Gotovina is charged with both individual and superior criminal responsibility under the indictment. Specifically, the indictment charges Gotovina with individual criminal responsibility, under Article 7(1) and 7(3) of the Statute of the Tribunal, with persecutions on political, racial and religious grounds, deportation and other inhumane acts and plunder of public or private property and wanton destruction of cities, towns, or villages under Article 3 of the Statute. Additionally, Gotovina is charged with individual criminal responsibility of a superior under Article 7(3) of the Statute. These counts include inhumane acts and murder.[3]

Further Information:

• Original Indictment
• Amended Indictment
• Gotovina Case Information Sheet
• ICTY
• ICTY Statute 

[1] ICTY, Prosecutor v. Gotovina, Case No. IT-01-45, Amended Indictment, Feb. 19, 2004, available at http://www.un.org/icty/indictment/english/got-ai040224e.htm.
[2] Id. at para. 4.
[3] Id. at para. 6-41.