Jus cogens: Recent Developments in International Law

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.

International Courts & Tribunals at a Glance (No. 13)

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 (23 August 2024)

Vojislav Seselj Assigned Counsel by Trial Chamber (21 August 2024)

From the ICTY: "The Trial Chamber in the case against accused Vojislav Seselj decided today to assign him defence counsel for the further conduct of his case. In coming to its decision, the Trial Chamber described numerous instances where Vojislav Seselj behaved in an obstructionist, disruptive and disrespectful manner, and intimidated and made slanderous comments about witnesses. The Trial Chamber ordered that Vojislav Seselj will participate in the proceedings against him through his defence counsel only. It will consider permitting his personal involvement on a case-by-case basis if it is in the interests of justice. In its decision, the Trial Chamber carefully reviewed international jurisprudence on the question of an accused’s right to defend himself. It cited jurisprudence that this right can be restricted in the interests of justice if the accused fails to cooperate in good faith with the court, or is willfully disruptive and disrespectful. The Trial Chamber reviewed Vojislav Seselj’s behaviour in court during pre-trial proceedings, some of his statements and publications prior to his arrival in The Hague, and more than 191 of his submissions to the Tribunal. The Trial Chamber found that from the very beginning of the pre-trial proceedings in his case, Vojislav Seselj has: raised irrelevant matters, used offensive and insulting language in his submissions and against court room participants and others, released confidential documents and information to unauthorized persons, and behaved in a manner that is intimidating to potential witnesses. The Trial Chamber expressed its concern that because of his on-going disruptive behaviour and unwillingness to follow the Tribunal’s rules, Vojislav Seselj is undermining his intention to present his defence. The Trial Chamber noted that he had been warned on numerous occasions that that his behaviour was obstructionist and demonstrated a need for legal assistance."

• Prosecutor v. Vojislav Seselj , Case No. IT-03-67-PT, Decision on Assignment of Counsel, 21 August 2024
  

Josip Jovic Contempt Case Judgement 30 August 2024 (23 August 2024)

From the ICTY: "The judgement in the Josip Jović contempt of court case will be delivered on 30 August 2024 at 9:00 in Courtroom I. Jović, a former editor of the Croatian daily newspaper Slobodna Dalmacija, is accused of disclosing the identity and testimony of a witness that judges had ordered be protected from the public, as well as violating a court order that specifically instructed him to desist from further publication of the testimony of the witness. Specifically, the prosecution alleges that between 27 November and 29 December 2023 he published the identity of the witness, as well as publishing extracts of the testimony of the witness even after the court ordered him on 1 December 2000 from doing so. In October 2005, Jović was arrested by Croatian authorities and transferred to the Tribunal after he failed to respond to a court order requiring him to travel to The Hague to enter a plea to the charge against him. He entered a “not guilty” plea on 14 October 2005 and was released. The trial was initially scheduled for 3 July 2006. The accused did not appear in court and the trial was therefore postponed and held on 11 July 2006. The prosecution submitted evidence and called no witnesses. The defence examined one witness, the accused himself."

• Indictment Against Jovic

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-2005-86-I, ORDER FOR THE CONTINUED DETENTION OF MICHEL BAGARAGAZA AT THE ICTY DETENTION UNIT IN THE HAGUE, THE NETHERLANDS, 17 August 2024
• THE PROSECUTOR v. Vincent RUTAGANIRA, Case No. ICTR-95-IC-A, DECISION ON APPEAL OF A DECISION OF THE PRESIDENT ON EARLY RELEASE, 24 August 2024

Prisoner Joseph Serugendo Dies (22 August 2024)

The Registrar of the ICTR announced "the death of Joseph Serugendo a convicted person who was a former member of the governing board of the Radio Television Libre des Mille Collines (RTLM) and of the National Committee of the Interahamwe za MRND....On 2 June 2006, Serugendo was sentenced to 6 years imprisonment by Trial Chamber I of the ICTR. In his guilty plea, 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. In sentencing him, the Chamber took into account not only the gravity of these crimes, but also Serugendo’s guilty plea and his substantial cooperation with the Prosecution. The Chamber noted that he expressed genuine remorse and a desire to help establish the truth regarding the events in Rwanda. At his sentencing hearing Serugendo expressed “sincere and profound regrets” to the “victims of the genocide perpetrated in my country Rwanda in 1994” and accepted responsibility for “my role in this unspeakable tragedy.” A copy of his Expression of Profound Regrets and his Declaration Addressed to the Rwandan People were admitted into evidence by the Trial Chamber. Serugendo was suffering from a terminal illness which was significant among the mitigating factors in his sentencing....Serugendo was arrested in Gabon on 16 September 2024 and transferred to Arusha on 23 September 2005. He entered into a plea agreement with the Prosecution on 16 February 2006. On 15 March 2006, he pleaded guilty to two counts under an amended indictment, which plea was accepted by the Chamber."

Defence Closes Case in Karera Trial (25 August 2024)

From the ICTR: "On 23 August 2006, the Defence closed its case in the trial of François Karera, the former Prefect of Kigali-Rural. Karera is charged with genocide and crimes against humanity. Hundreds of Tutsi are alleged to have been killed on the instructions or with the encouragement of the Accused in April and May 1994 in Rushashi commune, Nyamirambo sector, and Ntarama Church, all within the Kigali area. The trial began on 9 January 2024 before Trial Chamber I composed of judges Erik Møse, presiding, Sergei Alekseevich Egorov and Florence Rita Arrey. The Chamber heard 18 Prosecution witnesses and 25 Defence witnesses, including the Accused, over 33 trial days, 15 of which were half days."

EGYPT AND PALESTINE CONFIRM COMMITMENT TO THE TRIBUNAL (28 August 2024)

From the ICTR: "Dean of Arab Ambassadors in Tanzania, H.E. Ambassador Sabry Sabry, Ambassador of Egypt to Tanzania together with H.E. Yousef Habbab, Ambassador Extraordinary and Plenipotentiary of the State of Palestine visited the International Criminal Tribunal for Rwanda (ICTR) between the 22 nd and 25 th of August, 2006. During their visit they confirmed their respective country’s commitment to ensuring peace, security and stability in the Great Lakes region. Ambassador Sabry and Ambassador Habbab paid courtesy calls to the President of the Tribunal, Judge Erik Møse who addressed them on the on-going trials and the Completion Strategy. The Registrar of the Tribunal, Mr. Adama Dieng on his part thanked them for the visit and reiterated the appreciation for the support from the Arab and African countries to the Tribunal. The two Ambassadors attended court hearings in Trial Chamber I in the case of the Prosecutor vs. François Karera, former prefect of Kigali rural."

The Special Court for Sierra Leone (SCSL)

Court Schedule
Court Summary, Week Ended 4 August 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 holds meeting with representatives of Iteso Cultural Leaders (24 August 2024)

Pre-Trial Chamber I receives documents containing the charges and list of evidence against Mr Thomas Lubanga Dyilo (28 August 2024)

From the ICC: "On 28 August, in the case The Prosecutor vs. Thomas Lubanga Dyilo, the Registry of the International Criminal Court (ICC) registered the document containing the charges and the list of the evidence that the Office of the Prosecutor intends to present at the confirmation hearing. The hearing is scheduled to take place on 28 September at 11 a.m. The documents will be transmitted to the judges of Pre-Trial Chamber I and to the Defence. Thomas Dyilo Lubanga, a Congolese national, is alleged to have committed the crimes of enlisting, conscripting and using children under 15 years of age to participate actively in hostilities in the Democratic Republic of the Congo."

Child soldier charges in the first International Criminal Court case (28 August 2024)

From the ICC: "In his latest report on this issue, the United Nations Secretary General has reported that from January 2004 to May 2006, more than 18,000 children were released from forces and armed groups in the DRC. Thousands more have escaped on their own. Yet children remain vulnerable to new threats, including re-recruitment, and girls especially have found it extremely difficult to reintegrate into civilian life. The case against Thomas Lubanga Dyilo represents almost two years of intense, on-the-ground investigation by the Office of the Prosecutor. Scores of missions to the DRC produced multiple statements. At the confirmation hearing, the Office of the Prosecutor will unveil for the first time evidence showing that Thomas Lubanga Dyilo’s organization enlisted and forcibly recruited children into the ranks of their armed militia, and that Thomas Lubanga Dyilo was instrumental in orchestrating these activities. The Court has 60 days from the last day of the hearing to decide whether there is sufficient evidence to warrant a trial."

ICC holds workshop with local leaders in Amuria district (28 August 2024)

Statement of Fatou Bensouda, Deputy Prosecutor of the International Criminal Court, at the OTP monthly media briefing (28 August 2024)

Situations & Cases:

Situation in Dafur, Sudan

• Application on behalf of the United Nations High Commissioner for Human Rights for Variation of Time, Pursuant to Regulation 35, in respect of a Decision of Pre-Trial Chamber I Inviting Observations in Application of Rule 103 of the Rules of Procedure and Evidence (18 August 2024)
• Decision of the Registrar Appointing Mr. Hadi Shalluf as ad hoc Counsel for the Defence (25 August 2024)
• Decision on Request for Extension of Time Limit (28 August 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)
• The Prosecutor v. Thomas Lubanga Dyilo, Submission of the Document Containing the Charges pursuant to Article 61(3)(a) and of the List of Evidence pursuant to Rule 121(3), 28 August 2024
• The Prosecutor v. Thomas Lubanga Dyilo, Annex 2 [Redacted version of Charges], 28 August 2024

International Courts & Tribunals at a Glance (No. 12)

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)

New Developments:

Speech by H.E. Judge Rosalyn Higgins, President of the ICJ, At the 58th Session of the International Law Commission (25 July 2024)

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 (16 August 2024)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (June/July 2006)

Latest Decisions

The Special Court for Sierra Leone (SCSL)

Court Schedule (Court Recess 7-18 August)

Court Summary, Week Ended 4 August 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)

New Developments:

Statement by the Chief Prosecutor Luis Moreno-Ocampo on the reported death of Raska Lukwiya (14 August 2024)

From the ICC, "Raska Lukwiya has been named in an ICC warrant of arrest charging him with crimes against humanity and war crimes. Lukwiya is alleged to have served in the inner circle of Joseph Kony's highest commanders in the Lord’s Resistance Army (LRA). Lukwiya functioned as Army Commander in early 2004, a period during which the LRA was perpetrating its most deadly attacks upon the civilian population of Northern Uganda. He has been charged on; One count of crimes against humanity-enslavement and three counts of war crimes -cruel treatment of civilians and intentionally directing an attack against a civilian population-pillaging[.] The Ugandan Government is in the process of confirming the identity of the body believed to be that of Raska Lukwiya, and the Office of the Prosecutor of the ICC will, if requested, lend support in this effort."

Situations & Cases:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
• Submission of Information Regarding Raska Lukwiya (14 August 2024)

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Decision inviting the Democratic Republic of the Congo and the Victims in the case to comment on the Proceedings pursuant to Article 19 of the Statute (11 August 2024)
• Decision on the Applications for Participation in the Proceedings of a/0001/06, a/0002/06 and a/0003/06 in the case of the Prosecutor v. Thomas Lubanga Dyilo and of the investigation in the Democratic Republic of the Congo (16 August 2024)

International Courts & Tribunals at a Glance (No. 11)

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)

New Developments:

Proceedings instituted by Djibouti against France (Djibouti v. France) (10 August 2024)

• "The French Republic consents to the jurisdiction of the International Court of Justice to entertain an Application filed against France by the Republic of Djibouti: The Court enters the new case in its List"
• Summary: On 9 August 2006, the French Republic consented to the jurisdiction of the ICJ pursuant to Article 38, paragraph 5, of the ICJ Rules. The pertinent portion of Article 38 states: "When the applicant State proposes to found the jurisdiction of the Court upon a consent thereto yet to be given or manifested by the State against which such application is made, the application shall be transmitted to that State. It shall not however be entered in the General List, nor any action be taken in the proceedings, unless and until the State against which such application is made consents to the Court’s jurisdiction for the purposes of the case." On 9 January 2006, the Republic of Djibouti filed an Application against France with the ICJ. See Rules of Court, Article 38, par. 1-4. According to the ICJ, Djibouti’s Application concerns “the refusal by the French governmental and judicial authorities to execute an international letter rogatory regarding the transmission to the judicial authorities in Djibouti of the record relating to the investigation in the ‘Case against X for the murder of Bernard Borrel." Specifically, "Djibouti maintains that the refusal constitutes a violation of France’s international obligations under the Treaty of Friendship and Co-operation signed by the two States on 27 June 1977 and the Convention on Mutual Assistance in Criminal Matters between France and Djibouti, dated 27 September 1986. Djibouti further asserts that, in summoning certain internationally protected nationals of Djibouti, including the Head of State, as témoins assistés [legally represented witnesses] in connection with a criminal complaint for subornation of perjury against X in the Borrel case, France has violated its obligation to prevent attacks on the person, freedom or dignity of persons enjoying such protection."
• Case Resources

Cases currently being heard/under deliberation:

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

• 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 (9 August 2024)

New Developments:

Trials Against 24 Accused To Continue After Summer Recess (4 August 2024)

From the ICTY: "Following the close of the summer recess, court proceedings will recommence next Monday, 7 August 2006. For the first time in its history, the Tribunal is holding trials against 24 accused concurrently. Cases against 14 individuals are currently on appeal while another 22 accused are in pre-trial. Proceedings against 93 persons have concluded to date, while six accused, including Ratko Mladic and Radovan Karadzic, remain at large."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (June/July 2006)

New Developments:

Nchamihigo Trial to Begin on 25 September 2023 (7 August 2024)

From the ICTR, "The trial of Siméon Nchamihigo, 46, former Deputy Prosecutor in Cyangugu prefecture is to begin on 25 September 2006. The date was set during a status conference today presided by Judge Charles Michael Dennis Byron. Nchamihigo had earlier pleaded not guilty to an amended indictment charging him with four counts of genocide, murder, extermination and other inhumane acts as crimes against humanity. In the new indictment the charge of crimes against humanity has been split into two counts, murder and extermination. The charge of violations of the Geneva Conventions has been redrawn and replaced by the count of other inhumane acts. The accused, who was also Secretary for the Coalition pour la Défence de la République (CDR) in Cyangugu prefecture in 1994, is alleged to have been responsible for planning, instigating, ordering, committing, or otherwise aiding and abetting the killings of Tutsi in his prefecture. In the new indictment read before Judge Byron Nchamihigo is alleged to have ordered or instigated one Interahamwe to kill one Tutsi by covering him with his own mattress, poured fuel into the mattress and burnt him. Nchamihigo is also said to have ordered or instigated Interahamwe to kill members of one Tutsi family by burning them in their own car."

Latest Decisions

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 4 August 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)

Situations & Cases:

Situation in Dafur, Sudan

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

International Tribunal for the Law of the Sea

Docket

List of Cases

Permanent Court of Arbitration

Recent and Pending Cases

International Courts & Tribunals at a Glance (No. 10)

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)

Maritime Delimitation in the Black Sea ( Romania v. Ukraine): The Court fixes time-limits for the filing of a Reply and a Rejoinder (3 July 2024)

The ICJ announced: "By an Order dated 30 June 2006, the International Court of Justice (ICJ) has authorized the submission of a Reply by Romania and a Rejoinder by Ukraine in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine ). In its Order the Court fixed 22 December 2023 and 15 June 2024 as the respective time-limits for the filing of these pleadings. The subsequent procedure has been reserved for further decision."

Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo): Preliminary objections, Public hearings to open on Monday 27 November 2023

Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras): Public hearings on the merits of the dispute to open on Monday 5 March 2024

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
• "The Court finds that the circumstances, as they now present themselves to it, are not such as to require the exercise of its power to indicate provisional measures" (13 July 2024)
• Case Concerining Pulp Mills on the River Uruguay (Argentina v. Uruguay), Request for the Indication of Provisional Measures: Order, 13 July 2024 (full text; pdf)
• Summary of the Order of 13 July 2024
• Pulp Mills on the River Uruguay (Argentina v. Uruguay), Request for the indication of provisional measures, Statement to the Press by Judge Rosalyn Higgins President of the International Court of Justice (13 July 2006)
• Fixing of time-limits for the filing of the initial pleadings (17 July 2024) "In its Order dated 13 July 2006, the Court fixed 15 January 2024 as the time-limit for the filing of a Memorial by Argentina and 20 July 2007 as the time-limit for the filing of a Counter-Memorial by Uruguay."

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule [ICTY in recess 17 July - 6 August 2024]

ICTY Weekly Press Briefing (13 July 2024)

Naser Oric Convicted (30 June 2024)

The ICTY convicted "Naser Oric, a former senior commander of Bosnian Muslim forces in and around Srebrenica, of failing to take steps to prevent the murder and cruel treatment of a number of Serb prisoners in the former UN ‘safe area’. They sentenced Oric to two years' imprisonment. In determining the sentence the Trial Chamber gave pivotal consideration to the general circumstances prevailing in Srebrenica and those particular to the accused and to the crimes committed. The judges described conditions in Srebrenica at the times of the crimes in 1992 and 1993 as abysmal. They noted that militarily superior Serb forces encircled the town and that there was an unmanageable influx of refugees there, as well as a critical shortage of food and the breakdown of law and order. The judges also noted that it was in these circumstances that Oric, then aged 25, was elected commander of a poorly trained volunteer force that lacked effective links with government forces in Sarajevo. His authority, they assessed, was scorned by some other Bosnian Muslim leaders and his situation became worse as the Bosnian Serb forces increased the momentum of their siege. The judges found that there is no other case before the Tribunal in which the accused was found guilty of having failed to prevent murder and cruel treatment of prisoners in such a limited manner and in such abysmal personal and circumstantial conditions as in this case. Consequently, the sentence imposed reflects this uniquely limited criminal responsibility." Additionally, "the accused was entitled to credit for the period of time he spent in custody since 10 April 2024 and the Judges therefore ordered that he be released as soon as the necessary practical arrangements have been made."

Ad Litem Judges Sworn in (3 July & 13 July 2006)

On 3 July 2024 Judge Kimberley Prost of Canada was sworn in as an ad litem judge of the ICTY. The UN Secretary-General appointed Judge Prost as an ad litem judge to sit on the Popovic et al. trial. Additionally, on 13 July 2024 Judge Ole Bjørn Støle of Norway was alsosworn in as an ad litem judge of the ICTY. The UN Secretary-General also appointed Judge Støle as a reserve ad litem judge to sit on the Popovic et al. trial.

Arrest Warrant Suspended Against Branko Djeric (3 July 2024)

On 3 July 2006, Trial Chamber I of the ICTY "requested the suspension of an arrest warrant issued last week against Branko Djeric, a former Prime Minister of Republika Srpska, the Bosnian Serb-dominated entity of Bosnia and Herzegovina. The request was made after Djeric initiated contact with the Trial Chamber, expressing his willingness to testify in the case against former Bosnian Serb political leader Momcilo Krajisnik and to travel voluntarily to the seat of the Tribunal in The Hague. Judges issued an arrest warrant against Djeric on 27 June 2006 after he failed to appear in court as a witness the previous day having been earlier subpoenaed to do so. In accordance with the Tribunal's Rules, the Judges have the authority to call witnesses to assist them in the adjudication of a case."

Pasko Ljubicic Case Referred to Bosnia and Herzegovina (4 July 2024)

On 4 July 2024 "the Appeals Chamber dismissed all of Ljubicic's grounds of appeal and affirmed the decision to refer the case to the State Court of Bosnia and Herzegovina." As the ICTY described, "Ljubicic is charged with crimes committed against Bosnian Muslim civilians in the Lasva Valley in central Bosnia and Herzegovina between January and July 1993....Ljubicic is charged with persecutions, murder, violence to life and person, devastation not justified by military necessity, destruction or wilful damage to institutions dedicated to religion or education, plunder of public or private property and cruel treatment. The Tribunal’s Referral Bench ruled on 12 April 2024 that the case be referred to Bosnia and Herzegovina under the terms of Rule 11bis of the Tribunal’s Rules of Procedure and Evidence. The defence appealed the decision on 9 May 2006."

• Full Text of Appeals Chamber Decision (1mb, pdf)

Contempt Charges Dropped Against Branko Djeric (12 July 2024)

From the ICTY, "Contempt of court charges against Branko Djeric for failing to respond to a subpoena to appear as a witness before the Tribunal were yesterday dropped after the former Bosnian Serb Premier voluntarily traveled to The Hague and provided testimony. Judge Alphons Orie, the presiding judge in the trial of former Bosnian Serb political leader, Momcilo Krajisnik, advised Djeric during a court session late Tuesday that the contempt indictment against him was dismissed. Judges had issued an arrest warrant against Djeric on 27 June 2024 after he failed to appear in court as a witness the previous day having been earlier subpoenaed to do so."

Provisional Releases Granted During Summer Recess (14 July 2024)

From the ICTY, "The Trial Chamber in the Popovic et al. case ruled yesterday to accept a defence motion to provisionally release Radivoje Miletic and Milan Gvero until the continuation of trial in August. The Chamber ordered their release to Belgrade , Serbia , as soon as practicable on or after 14 July 2024 . The release is subject to the specific terms and conditions as detailed in the Trial Chamber’s decision and the accused are ordered to return to the Tribunal’s Detention Unit no later than 14 August 2024 . On 1 June 2024 the Trial Chamber in the Milutinovic et al. case also granted the joint request by the six Accused for temporary release from 15 July to 4 August 2006."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (June/July 2006)

Appeals Chamber Increases Gacumbitsi’s Sentence to Life and Reduces Imanishimwe’s to Twelve Years (7 July 2024)

From the ICTR, "The Appeals Chamber of the United Nations International Criminal Tribunal for Rwanda today provided reasons for its judgement in the Ntagerura et al. case, reducing Samuel Imanishimwe’s sentence from 27 to 12 years imprisonment and recalling that it had confirmed the acquittals of André Ntagerura, former Minister of Transport and Communications, and Emmanuel Bagambiki, former Prefect of Cyangugu on 8 February 2006. The Appeals Chamber also upheld the conviction of Sylvestre Gacumbitsi, former Mayor of the Commune of Rusomo, and increased his sentence from 30 years to imprisonment for the rest of his life."

16th Plenary Session of the Tribunal Meets in Arusha (10 July 2024)

From the ICTR, "The 16th Plenary Session of the United Nations International Criminal Tribunal for Rwanda took place in Arusha on 7 July 2006....The Judges adopted several amendments to the Rules of Procedure and Evidence. A major change decided by the plenary was the abrogation of Rule 117 bis. Subsequently, there is no more appeal’s book to be filed by the Parties (Appellant and Respondent) before the Appeals Chamber. Other amendments adopted are related to bringing some ICTR provisions in line with ICTY provisions so as to ease the task of the Appeals Chamber shared by the two ad hoc tribunals. The judges have considered some deadlines for filing appeals briefs. Some procedural intermediate steps which have proved not to foster judicial efficiency have also been suppressed. Pursuant to Rule 6, an amendment shall enter into force immediately, but shall not operate to prejudice the rights of the accused in any pending case."

ICTR Prosecutor meets with President Kagame (26 July 2024)

"The Prosecutor of the United Nations International Criminal Tribunal for Rwanda (ICTR), Mr. Hassan Bubacar Jallow on Friday 21 July 2006 held a meeting with the Rwandan President Paul Kagame at State House, Kiyovu in Kigali. Mr. Jallow who was in the country on an official visit from 17-24 July 2006 paid a visit to the Rwandan Head of State to brief him on the progress of the work at the Tribunal and the preparations for the transfer of cases to Rwanda. Speaking to the media, the ICTR Prosecutor pointed out that efforts were being made to see that those who committed crimes and are still at large are arrested before the Tribunal winds up its work in 2008. Mr. Martin Ngoga, the Rwandan Prosecutor General who was present at the meeting, told journalists that the Rwandan Government was committed to receiving the genocide suspects from Arusha, and that everything possible was being done to that effect, including the revision of some laws. He emphasized that other requirements like putting in place the required infrastructure of a modern prison had also been met."

Latest Decisions

The Prosecutor v. Ntagerura et al., Case No ICTR-99-46-A, JUDGEMENT, 7 July 2006. (French only)

• SUMMARY OF JUDGEMENT (French only)

Sylvestre Gacumbitsi v. The Prosecutor, Case No. ICTR-2001-64-A, JUDGEMENT, 7 July 2006.

• SUMMARY OF JUDGEMENT

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 28 July 2024

Special Court Returns Bonthe Island Facility to the Sierra Leone Government (20 July 2024)

From the SCSL. "The Special Court today returned its detention facility on Bonthe Island to the Sierra Leone Prison Service. The building, which formerly housed a minor offences prison for the Sierra Leone Prison Service, had been provided to the Special Court by the Government of Sierra Leone to house detainees and for judicial proceedings while the New England complex was under construction."

Prosecution Concludes Case in RUF Trial (2 August 2024)

From the SCSL, "The Prosecution today concluded its case in the trial of three former members of the Revolutionary United Front, Issa Hassan Sesay, Morris Kallon and Augustine Gbao. The three accused each face an 18-count indictment for war crimes, crimes against humanity, and other serious violations of international humanitarian law. Since the beginning of the trial on 5 July 2004, the Court has heard from 86 Prosecution witnesses over 183 trial days.... Issa Sesay and Morris Kallon were indicted in March 2003 and Augustine Gbao was indicted the following month. Indictments against two other accused former RUF leaders, Foday Sankoh and Sam Bockarie, were withdrawn by the Prosecutor in December 2003 due to the deaths of the two men."

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (July 2006)

The International Committee of the Red Cross paid first visit to the Detention Centre of the International Criminal Court (29 June 2024)

From the ICC, "On 28 and 29 June 2006, the ICRC paid its first visit to the Detention Centre of the International Criminal Court. In accordance with Article 7 of the “Agreement between the International Criminal Court and the International Committee of the Red Cross on Visits to Persons Deprived of Liberty Pursuant to the Jurisdiction of the International Criminal Court” the visit was classified as a ‘complete visit’ which included an initial meeting with the Registrar of the Court, Mr Bruno Cathala, a complete tour of the Detention centre and private interviews with persons detained at the ICC Detention Centre."

Statement by Prosecutor Luis Moreno-Ocampo (6 July 2024)

From the ICC, "The Office of the Prosecutor has been investigating the LRA [Lord's Resistance Army] for two years, collecting information from many sources. We expect our evidence to show that the LRA systematically committed crimes against the civilian population, including abducting children to use them as soldiers and sex slaves. We also have evidence that rapes were committed directly by the LRA commanders. After carefully reviewing the evidence, the judges issued arrest warrants against Joseph Kony, Vincent Otti, Okot Odhiambo, Raska Lukwiya and Dominic Ongwen for crimes against humanity and war crimes. While the current situation is delicate, we believe that peace and justice can work together. The negotiations currently taking place are partially a result of pressure from the ICC arrest warrants. However, we are concerned that the LRA may once again be using this time to reorganize and rearm."

ICC Unseals Results of Dominic Ongwen DNA Tests (7 July 2024)

The ICC indicated that "yesterday, 6 July 2006, Pre-Trial Chamber II of the ICC unsealed the results of DNA tests conducted on the corpse reported to be that of Lord's Resistance Army commander Dominic Ongwen. The DNA results are negative, meaning that the body is not that of Dominic Ongwen....LRA commander Dominic Ongwen is charged by the ICC with seven counts of War Crimes and Crimes against Humanity. Interpol issued a Red Notice for the arrest of Ongwen on 1 June 2006. The Office of the Prosecutor considers Ongwen to be at large. Reports indicate that Ongwen is currently in the South-East Equatorial Province, Southern Sudan, attempting to cross the Nile to join LRA Headquarters in Northern Democratic Republic of Congo."

Statement by the Chief Prosecutor Luis Moreno-Ocampo (12 July 2024)

"The Ugandan Minister for Security, Mr. Amama Mbabazi, was here as part of a regular exchange between the Office of the Prosecutor and the Government of Uganda. The Office of the Prosecutor was updated on the peace talks currently underway in Southern Sudan. The Government of Uganda did not ask for any withdrawal of the warrants of arrest. The arrest warrants remain in effect. It is the view of the Office of the Prosecutor and the Government of Uganda that justice and peace have worked together thus far and can continue to work together."

Situations & Cases:

Situation in Dafur, Sudan

• The Prosecutor of the ICC opens investigation in Darfur (6 June 2024)
• The Prosecutor of the International Criminal Court reports to the United Nations Security Council on the situation in Darfur (29 June 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

International Tribunal for the Law of the Sea

Docket

List of Cases

Statements of the President

• Statement on the occasion of the presentation of the Report of the Tribunal at the sixteenth Meeting of States Parties (19 June 2024)
  

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

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

International Court of Justice (ICJ)

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

• Case removed from the Court’s List at the request of Dominica (12 June 2024). The ICJ indicated that "on 6 June 2006, the Prime Minister of the Commonwealth of Dominica informed the Court that his Government “d[id] not wish to go on with the proceedings instituted against Switzerland” and requested the Court to make an Order “officially recording [their] unconditional discontinuance” and “directing the removal of the case from the General List”.

Cases under deliberation:

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

• Case Resources

Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• Conclusion of the public hearings on provisional measures (9 June 2006) From the ICJ, "Two rounds of public hearings were held on Thursday 8 and Friday 9 June 2024 at the Peace Palace, The Hague, seat of the Court. In them Argentina reiterated its request for the indication of provisional measures, arguing inter alia that the mills posed a serious threat to the ecosystem of the River Uruguay. Uruguay asked the Court to reject Argentina’s request, contending that the conditions required for the indication of provisional measures had not been satisfied."
• Case Resources

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (28 June 2024)

President Pocar Updates Security Council on Tribunal's Mission and Completion Strategy (7 June 2024)

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

Tribunal's Prosecutor Addresses Security Council on Completion Strategy Progress (7 June 2024)

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

Internal report into Milan Babic's Death Concludes no Criminal Conduct (9 June 2024)

• On 9 June 2024 the ICTY made public "the report of the inquiry panel concerning the circumstances surrounding the death of Milan Babic in the Tribunal’s Detention Unit on 5 March 2006. The report indicates that there was no criminal conduct in the death of Milan Babic."
• Judge Kevin Parker, Vice-President, "Report to the President: Death of Milan Babic," 8 June 2006.

Dario Kordic and Zoran Zigic Transferred to Austria to Serve their Prison Sentences (9 June 2024)

Dragan Zelenovic in Tribunal Custody; Dragan Zelenovic Initial Appearance (10 June 2024)

• From the ICTY, "Dragan Zelenovic was today brought into the Tribunal's custody after almost ten years on the run. Zelenovic, a former Bosnian Serb policeman indicted for a range of war crimes including torture and rape committed in and around the south-eastern Bosnian town of Foca in 1992, was transferred from Bosnia and Herzegovina following an order of the country's State Court. The Tribunal acknowledges the cooperation provided by the Bosnian authorities regarding the expeditious transfer of Zelenovic from the Bosnian capital, Sarajevo, to the seat of the Tribunal in The Hague. Zelenovic arrived in Sarajevo on Thursday 8 June 2024 having been expelled from the territory of the Russian Federation by the authorities there. He had been arrested by Russian security forces in August 2005 but not transferred to the Tribunal." Zelenovic made his initial appearance on 13 June 2006.

Prlic et Al. Case: Trial Chamber III Returns from On-site Visit to Bosnia And Herzegovina (12 June 2024)

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

Dragan Nikolic Transferred to Serve Sentence in Italy (23 June 2024)

Two AD LITEM Judges Sworn in (27 June 2024)

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

Trial Chamber Orders Arrest of Former Bosnian Serb Premier for Contempt (27 June 2024)

• The ICTY indicated that "Trial Chamber I of the Tribunal today issued an arrest warrant against Branko Djeric, a former Prime Minister of Republika Srpska, the Bosnian Serb-dominated entity of Bosnia and Herzegovina, and directed Bosnian authorities to detain and transfer him to the Tribunal's seat in The Hague to face charges of contempt of court. Judges in the trial against former Bosnian Serb political leader Momčilo Krajisnik had earlier this month on 8 June 2024 issued a subpoena ordering Djeric to appear as a witness in the case on Monday 26 June 2006. Djeric 's failure to appear before the Trial Chamber or to show good cause why he could not comply with the subpoena triggered the issuance of the arrest warrant." The ICTY noted that "in accordance [sic] the Tribunal's Rules the Judges have the authority to call witnesses to assist them in the adjudication of a case. Djeric is one of several witnesses that Judges in the Krajisnik case have called. The Prosecution concluded the presentation of its evidence on 22 July 2005, the defence case commenced 10 October 2005."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (May 2006)

ICTR President and Prosecutor Address the Security Council (8 June 2024)

• The ICTR noted that "the President informed the Council that twenty-eight persons have received judgment and twenty-seven persons are on trial. Two new judgments are expected in a few weeks. Fourteen indictees are awaiting trial. It is expected that three new trials will commence in the second half of 2006. The ICTR remains on course to complete the trials of sixty-five to seventy persons by the end of 2008." Additionally, "Justice Jallow stated that the Tribunal continues to face challenges in arresting the eighteen indictees at large. If apprehended, six of them will be tried by the ICTR, while the cases of the others will likely be transferred to national jurisdictions."
• STATEMENT BY THE PRESIDENT OF THE ICTR, JUDGE ERIK MOSE, TO THE UNITED NATIONS SECURITY COUNCIL, 7 June 2024
• Statement by Justice Hassan B. Jallow Prosecutor of the ICTR to the UN Security Council, 7 June 2024

UN Security Council Extends Mandate of ICTR Permanent Judges (14 June 2024)

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

ICTR Appeals Chamber takes Judicial Notice of Genocide in Rwanda (20 June 2024)

• "The Appeals Chamber of the International Criminal Tribunal for Rwanda on 16 June 2024 ruled that the Trial Chambers must take judicial notice of the following facts: 1. The existence of Twa, Tutsi and Hutu as protected groups falling under the Genocide Convention; 2. The following state of affairs existed in Rwanda between 6 April 2024 to 17 July 1994: there were throughout Rwanda widespread or systematic attacks against a civilian population based on Tutsi ethnic identification. During the attacks, some Rwandan citizens killed or caused serious bodily or mental harm to person[s] perceived to be Tutsi. As a result of the attacks, there were a large number of deaths of persons of Tutsi ethnic identity; 3. Between 6 April 2024 and 17 July 1994 there was genocide in Rwanda against Tutsi ethnic group."
• As the ICTR describes, "This land mark decision was delivered by the Appeals Chamber on Prosecutor's Appeal on Judicial Notice, dated 16 June 2006, in the trial of Prosecutor v. Karemera, Ngirumpatse and Nzirorera, ICTR-98-44-AR73 (C). The decision will have an immediate impact on the trial proceedings in the Karemera et al case, and will be felt in all of the current and pending trials before the Trial Chambers of the ICTR. Judicial notice of the above matters means that they are to be taken as established beyond any dispute and not requiring any proof. This is one of the most significant rulings of the Tribunal, given the consequences in terms of putting the occurrence of the genocide beyond legal dispute. It can be recalled that until now the OTP has had to in each case lead evidence and prove the occurrence of the genocide. This will no longer be necessary. In the view of the OTP the ruling should now silence the ‘rejectionist’ camp which has been disputing the occurrence of genocide. By relieving the OTP of a substantial burden of proof the ruling has the potential to shorten the cases as each will essentially focus on the personal involvement of the accused person in genocide"

Final Submissions Presented in Seromba’s Trial (28 June 2024)

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

Latest Decisions

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

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 9 June 2024

Special Court Registrar Welcomes United Nations Security Council Resolution (16 June 2024)

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

Justice Thompson Elected Presiding Judge of Trial Chamber I (19 June 2024)

International Criminal Court (ICC)

Hearing Schedule

The Special Court for Sierra Leone to use ICC Facilities for Trial of Charles Taylor (21 June 2024)

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

Situations & Cases:

Situation in Dafur, Sudan

• Third Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) (14 June 2024)
• Statement of the Prosecutor of the International Criminal Court, Mr. Luis Moreno Ocampo to the un Security Council pursuant to UNSCR 1593 (2006) (14 June 2006)

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

International Courts & Tribunals at a Glance, a juscogens.net weekly feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [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)