Jus cogens: Recent Developments in International Law

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 2023 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)

Recent Scholarship: This Week in Public International Law Scholarship

A juscogens.net feature, This Week in Public International Law Scholarship highlights new and notable books and articles concerning public international law. For comments or suggestions, please contact [email protected].

Books:

Desmond Dinan (ed.), Origins and Evolution of the EU

Edward McWhinney & Mariko Kawano, Judge Shigeru Oda and the Path to Judicial Wisdom: Opinions on the International Court of Justice 1993-200

Pace International Law Review, Review of the Convention on Contracts for the International Sale of Goods (CISG): 2004-2005

William Schabas & Helmut Sax, Commentary on the United Nations Convention on the Rights of the Child, 37 Article 37: Prohibition of Torture, Death Penalty, Life Imprisonment and Deprivation of Liberty

Articles:

Georgetown Journal of International Law, Volume 37, Number 1, Fall 2005

• Wayne McCormack, INCHOATE TERRORISM: LIBERALISM CLASHES WITH FUNDAMENTALISM
• David E. Graham, THE TREATMENT AND INTERROGATION OF PRISONERS OF WAR AND DETAINEES
• Justin Wagner, Note, THE SYSTEMATIC USE OF RAPE AS A TOOL OF WAR IN DARFUR: A BLUEPRINT FOR INTERNATIONAL WAR CRIMES PROSECUTIONS

University of Miami International and Comparative Law Review, Volume 13, Number 2, Spring 2006

• Douglas R. Burgess, Jr., HOSTIS HUMANI GENERI: PIRACY, TERRORISM AND A NEW INTERNATIONAL LAW

International and Comparative Law Quarterly (United Kingdom), Volume 55, Number 2, April 2006

• Duncan French, Treaty Interpretation and the Incorporation of Extraneous Legal Rules
• Sandesh Sivakumaran, Binding Armed Opposition Groups

Chinese Journal of International Law (United Kingdom), Volume 5, Number 1, March 2006

AGORA: THE INTERNATIONAL COURT OF JUSTICE AT 60

• Sienho Yee, Agora: The International Court of Justice at 60
• Edward McWhinney, The International Court of Justice and International Law-making: The Judicial Activism/Self-Restraint Antinomy
• Hugh Thirlway, The Drafting of ICJ Decisions: Some Personal Recollections and Observations
• Stanimir A. Alexandrov, The Compulsory Jurisdiction of the International Court of Justice: How Compulsory Is It?
• ABILA Committee on Intergovernmental Settlement of Disputes, Reforming the United Nations: What About the International Court of Justice?
• Timothy O'Neill, Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice
• Gbenga Oduntan, The Demarcation of Straddling Villages in Accordance with the International Court of Justice Jurisprudence: The Cameroon-Nigeria Experience
• Ole Spiermann, Judge Wang Chung-hui at the Permanent Court of International Justice

European Journal of International law (United Kingdom), Volume 17, Number 1, February 2006

• Nico Krisch and Benedict Kingsbury, Introduction: Global Governance and Global Administrative Law in the International Legal Order
• Michael S. Barr and Geoffrey P. Miller, Global Administrative Law: The View from Basel
• Carol Harlow, Global Administrative Law: The Quest for Principles and Values
• Nico Krisch, The Pluralism of Global Administrative Law

Washington University Global Studies Law Review, Volume 5, Number 1, 2006

• Juscelino F. Colares, THE EVOLVING DOMESTIC AND INTERNATIONAL LAW AGAINST FOREIGN CORRUPTION: SOME NEW AND OLD DILEMMAS FACING THE INTERNATIONAL LAWYER
• John O. Haley, JUDICIAL REFORM: CONFLICTING AIMS AND IMPERFECT MODELS

Naval Law Review, Volume 52, 2005

• Lieutenant Jon Stephens, JAGC, USN, DON'T TREAD ON ME: ABSENCE OF JURISDICTION BY THE INTERNATIONAL CRIMINAL COURT OVER THE U.S. AND OTHER NON-SIGNATORY STATES

Military Law Review, Volume 186, Winter 2005

• Major Richard P. DiMeglio, The Evolution of the Just War Tradition: Defining Jus Post Bellum
• Michael Lieberman, Salvaging the Remains: The Khmer Rouge Tribunal on Trial

Duke Journal of Comparative & International Law, Volume 16, Number 1, Winter 2006 (Full-Text)

• Monica Hakimi, THE MEDIA AS PARTICIPANTS IN THE INTERNATIONAL LEGAL PROCESS

Indian Journal of International Law (India), Volume 45, Number 4, December 2005

• G. S. Sachdeva, Space Tourism: Need for Legal Radicalism

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

Recent Scholarship: This Week in Public International Law Scholarship

A juscogens.net feature, This Week in Public International Law Scholarship highlights new and notable books and articles concerning public international law. For comments or suggestions, please contact [email protected].

Books:

Peter R. Baehr & Leon Gordenker, The United Nations : Reality and Ideal (4th ed.)

Andrew Clapham, Human Rights Obligations of Non-State Actors (Collected Courses of the Academy of European Law)

Joanna Harrington, Bringing Power to Justice?: The Prospects of the International Criminal Court

Dinah Shelton , Remedies in International Human Rights Law

William R. Slomanson, Fundamental Perspectives on International Law

Articles:

University of Richmond Law Review, Volume 40, Number 3, March 2006

• Robert M. Chesney, Leaving Guantanamo: The Law of International Detainee Transfers

Northwestern University Journal of International Human Rights, Volume 4, Issue 3, Spring 2006

• William Paul Simmons, Remedies for the Women of Ciudad Juárez through the Inter-American Court of Human Rights

Liverpool Law Review (United Kingdom), Volume 27, Number 1, April 2006

• Susan Twist, Rethinking Retrospective Criminality in the Context of War Crimes Trials
• Barbara Korth, Establishing Universal Human Rights through War Crimes Trials and the Need for Cosmopolitan Law in an Age of Diversity

International Law & Management Review, Volume 2, Spring 2006

• Francesco Parisi and Dr. Vincy Fon, International Customary Law and Articulation Theories: An Economic Analysis

Wisconsin International Law Journal, Volume 23, Number 4, Fall 2005

• Peter Manus, Sovereignty, Self-Determination, and Environment-Based Cultures: The Emerging Voice of Indigenous Peoples in International Law

American Journal of International Law, Volume 100, Number 1, January 2006

• Lori Fisler Damrosch, The "American" and the "International" in the American Journal of International Law
• David J. Bederman, Appraising a Century of Scholarship in the American Journal of International Law
• Richard H. Steinberg and Jonathan M. Zasloff, Power and International Law
• Thomas M. Franck, The Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium
• Ryan Goodman, Humanitarian Intervention and Pretexts for War
• Donald Francis Donovan and Anthea Roberts, The Emerging Recognition of Universal Civil Jurisdiction
• Mahnoush H. Arsanjani, Negotiating the UN Declaration on Human Cloning

Temple International and Comparative Law Journal, Volume 19, Number 2, Fall 2005

• Elizabeth F. Defeis, A Constitution for the European Union? A Transatlantic Perspective

Columbia Law Review, Volume 106, Number 2, March 2006

• Kathleen Renée Cronin Furman, Note, THE INTERNATIONAL COURT OF JUSTICE AND THE UNITED NATIONS SECURITY COUNCIL: RETHINKING A COMPLICATED RELATIONSHIP