Jus cogens: Recent Developments in International Law

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:

Günther Winkler, The Council of Europe

Articles:

Review of European Community & International Environmental Law (United Kingdom), Volume 15, Issue 1, April 2006

Articles on Environment-Related Outcomes of the 2005 World Summit:

• Joy Hyvarinen, The 2005 World Summit: UN Reform, Security, Environment and Development
• Elisa Morgera, Gracia Marín Durán, The 2005 UN World Summit, the Environment and the Role of the EU: Priorities, Promises and Prospects
• Nils Meyer-Ohlendorf, Would a United Nations Environment Organization Help to Achieve the Millennium Development Goals?
• Carolina Lasén Díaz, Biodiversity for Sustainable Development: The CBD's Contribution to the MDGs
• Steve Bass, Tom Bigg, Josh Bishop, Dan Tunstall, Sustaining the Environment to Fight Poverty and Achieve the Millennium Development Goals

Human Rights Quarterly, Volume 28, Number 2, May 2006

• Robert C. Johansen, The Impact of US Policy toward the International Criminal Court on the Prevention of Genocide, War Crimes, and Crimes Against Humanity
• Lerna K. Yanik, Guns and Human Rights: Major Powers, Global Arms Transfers, and Human Rights Violations
• David P. Forsythe, United States Policy toward Enemy Detainees in the "War on Terrorism"

Georgia Journal of International and Comparative Law, Volume 34, Number 2, Winter 2006

SYMPOSIUM : THE LIMITS OF INTERNATIONAL LAW

• Kenneth Anderson, REMARKS BY AN IDEALIST ON THE REALISM OF THE LIMITS OF INTERNATIONAL LAW
• Daniel Bodansky, INTERNATIONAL LAW IN BLACK AND WHITE
• Allen Buchanan, DEMOCRACY AND THE COMMITMENT TO INTERNATIONAL LAW
• David M. Golove, LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT IS: GOLDSMITH AND POSNER' S THE LIMITS OF INTERNATIONAL LAW
• Andrew T. Guzman, REPUTATION AND INTERNATIONAL LAW
• Margaret E. McGuinness, EXPLORING THE LIMITS OF INTERNATIONAL HUMAN RIGHTS LAW
• Kal Raustiala, REFINING THE LIMITS OF INTERNATIONAL LAW
• Peter J. Spiro, A NEGATIVE PROOF OF INTERNATIONAL LAW
• Jack Goldsmith, Eric A. Posner, RESPONSE: THE NEW INTERNATIONAL LAW SCHOLARSHIP

Security Council Compendium (No. 2)

Security Council Compendium, a new juscogens.net weekly feature, aims to provide a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected]

Security Council Resolutions

S/RES/1680 (2006) The situation in the Middle East (17 May 2024)

Synopsis of Resolution 1680: The Security Council "Reiterates its call for the full implementation of all requirements of resolution 1559 (2004)" and "strongly encourages the Government of Syria to respond positively to the request made by the Government of Lebanon, in line with the agreements of the Lebanese national dialogue, to delineate their common border, especially in those areas where the border is uncertain or disputed and to establish full diplomatic relations and representation, noting that such measures would constitute a significant step towards asserting Lebanon’s sovereignty, territorial integrity and political independence and improving the relations between the two countries, thus contributing positively to the stability in the region, and urges both parties to make efforts through further bilateral dialogue to this end, bearing in mind that the establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent...." In Resolution 1559 (2 Sept 2024) the Security Council called for a number of measures, including:

• "the strict respect of the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon;"
• "Calls upon all remaining foreign forces to withdraw from Lebanon;"
• "Calls for the disbanding and disarmament of all Lebanese and non- Lebanese militias;" and
• "Supports the extension of the control of the Government of Lebanon over all Lebanese territory."

Security Council Meetings

19 May 2024 Chad-Sudan (no action)

17 May 2024 Middle East situation (S/RES/1680 (2006) 13-0-2)

Statements By Security Council President (held by Republic of the Congo for May 2006)

none for period 18-25 May 2006

Statements to Press By Security Council President

SC/8722 (16 May 2024) SOMALIA

SC/8720 (15 May 2024) ON AFGHANISTAN TERROR ATTACK

Security Council President and Secretary-General Letters

S/2006/313 (22 May 2024) Letter dated 22 May 2024 from the Secretary-General addressed to the President of the Security Council (Somalia - Monitoring Group)

S/2006/304 (19 May 2024) Letter dated 18 May 2024 from the President of the Security Council addressed to the Secretary-General (Special Representative of the Secretary-General and Head of the United Nations

S/2006/303 (19 May 2024) Letter dated 15 May 2024 from the Secretary-General addressed to the President of the Security Council (Special Representative of the Secretary-General and Head of the United

S/2006/301 (18 May 2024) Letter dated 17 May 2024 from the Secretary-General addressed to the President of the Security Council (Sudan - Panel of Experts)

Security Council Monthly Programme of Work (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)

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:

Kenneth Manusama, The United Nations Security Council in the Post-Cold War Era: Applying the Principle of Legality (Legal Aspects of International Organization)

United Nations, Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 2023 Vols.I&II

United Nations, Secession and International Law: Conflict Avoidance - Regional Appraisals

M.N.S. Sellers, Republican Principles in International Law : The Fundamental Requirements of a Just World Order

Articles:

New England Journal of International and Comparative Law, Volume 12, Number 1, Fall 2005

• Judge Erik Møse, THE ICTR: EXPERIENCES AND CHALLENGES
• Diane F. Orentlicher, CRIMINALIZING HATE SPEECH IN THE CRUCIBLE OF TRIAL: PROSECUTOR v. NAHIMANA
• Jamie A. Williamson, THE JURISPRUDENCE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA ON WAR CRIMES
• Judge Inés Mónica Weinberg De Roca, TEN YEARS AND COUNTING: THE DEVELOPMENT OF INTERNATIONAL LAW AT THE ICTR
• Benoît Henry, THE ACQUITTED ACCUSED, A FORGOTTEN PARTY OF THE ICTR
• Jean-Marie Kamatali, FROM THE ICTR TO ICC: LEARNING FROM THE ICTR EXPERIENCE IN BRINGING JUSTICE TO RWANDANS
• Mark A. Drumbl, THE ICTR AND JUSTICE FOR RWANDAN WOMEN
• Valerie Oosterveld, GENDER-SENSITIVE JUSTICE AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: LESSONS LEARNED FOR THE INTERNATIONAL CRIMINAL COURT
• Alex Obote-Odora, RAPE AND SEXUAL VIOLENCE IN INTERNATIONAL LAW: ICTR CONTRIBUTION

Hastings International and Comparative Law Review, Volume 29, Number 3, Spring 2006

• Philippe Sands, QC, LAWLESS WORLD? THE BUSH ADMINISTRATION AND IRAQ: ISSUES OF INTERNATIONAL LEGALITY AND CRIMINALITY

San Diego Law Review, Volume 43, Number 1, Winter 2006

• James Allan, Grant Huscroft, CONSTITUTIONAL RIGHTS COMING HOME TO ROOST? RIGHTS INTERNATIONALISM IN AMERICAN COURTS

Vanderbilt Journal of Transnational Law, Volume 39, Number 1, January 2006

• Tyler Brooks, Note, Doctrines Without Borders: Territorial Jurisdiction and the Force of International Law in the Wake of Rasul v. Bush Brennan

Security Council Compendium (No. 1)

Security Council Compendium, a new juscogens.net weekly feature, aims to provide a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. This edition includes all developments since 1 May 2006. For comments or suggestions, please contact [email protected]

Security Council Resolutions

S/RES/1679 (2006) Reports of the Secretary-General on the Sudan (16 May 2024)

S/RES/1678 (2006) The situation between Eritrea and Ethiopia (15 May 2024)

S/RES/1677 (2006) The situation in Timor-Leste (12 May 2024)

S/RES/1676 (2006) The situation in Somalia (10 May 2024)

Statements By Security Council President (held by Republic of the Congo for May 2006)

S/PRST/2006/22 of 15 May 2024 The question concerning Haiti

S/PRST/2006/21 of 9 May 2024 Reports of the Secretary-General on the Sudan

Security Council President and Secretary-General Letters

S/2006/291 11 May 2024 Letter dated 10 May 2024 from the Secretary-General addressed to the President of the Security Council (Iraq - IAEA)

S/2006/288 10 May 2024 Letter dated 8 May 2024 from the Secretary-General addressed to the President of the Security Council (Monthly report on the operations of the Kosovo Force (KFOR), covering the period 1 to 31 March 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 2024 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 2024 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)

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:

Ulrich Beyerlin, Peter-tobias Stoll, and Rudiger Wolfrum (eds.), Ensuring Compliance With Multilateral Environmental Agreements

Damian Chalmers, Christos Hadjiemmanuil, Giorgio Monti, and Adam Tomkins, European Union Law : Text and Materials

Piet Eeckhout and Takis Tridimas, The Yearbook of European Law 2005 : Volume 24

Jochen Prantl, The UN Security Council and Informal Groups of States

Shirley V. Scott, International Law And Politics: Key Documents

Andreas Zimmermann, Christian Tomuschat, Karin Oellers-Frahm, Christian J. Tams, and Tobias Thienel, The Statute of the International Court of Justice: A Commentary

Articles:

Vanderbilt Law Review, Volume 59, Number 1, January 2006

• Allison Marston Danner, WHEN COURTS MAKE LAW: HOW THE INTERNATIONAL CRIMINAL TRIBUNALS RECAST THE LAWS OF WAR

Human Rights Quarterly, Volume 28, Number 1, February 2006

• Hurst Hannum, Human Rights in Conflict Resolution: The Role of the Office of the High Commissioner for Human Rights in UN Peacemaking and Peacebuilding
• Rachel Lorna Johnstone, Feminist Influences on the United Nations Human Rights Treaty Bodies
• Jan Klabbers, The Right to be Taken Seriously: Self-Determination in International Law
• Clay Collins, The Human Rights of Stateless Persons David Weissbrodt

Indiana Journal of Global Legal Studies, Volume 13, Number 1, Winter 2006

LECTURES

• Jillaine Seymour, The Earl Snyder Lecture in International Law The International Tribunal for the Law of the Sea: A Great Mistake?
• Cheryl Saunders, The George P. Smith Lecture in International Law The Use and Misuse of Comparative Constitutional Law

Fordham International Law Journal, Volume 29, Number 3, February 2006

"TRANSNATIONAL LEGAL THEORY AND PRACTICE"

• Martin S. Flaherty, "EXTERNAL" VERSUS "INTERNAL" IN INTERNATIONAL LAW
• Chandra Lekha Sriram, WRONG-SIZING INTERNATIONAL JUSTICE? THE HYBRID TRIBUNAL IN SIERRA LEONE
• Donald J. Kochan, SOVEREIGNTY AND THE AMERICAN COURTS AT THE COCKTAIL PARTY OF INTERNATIONAL LAW: THE DANGERS OF DOMESTIC JUDICIAL INVOCATIONS OF FOREIGN AND INTERNATIONAL LAW
• John B. Quigley, TOWARD MORE EFFECTIVE JUDICIAL IMPLEMENTATION OF TREATY-BASED RIGHTS

European Human Rights Law Review (United Kingdom), Issue 2, 2006

• Sir Nigel Rodley and Matt Pollard, Criminalisation of Torture: State Obligations under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• Hazel Fox, Q.C., State Immunity and the International Crime of Torture
• Jim Murdoch, The Impact of the Council of Europe's "Torture Committee" and the Evolution of Standard-setting in Relation to Places of Detention
• Danny Friedman, Torture and the Common Law

ILSA Journal of International and Comparative Law, Volume 12, Number 1, Fall 2005

• Ida L. Bostian, Cultural Relativism in International War Crimes Prosecutions: The International Criminal Tribunal for Rwanda
• Obasi Okafor-Obasi, The International Criminal Court and Human Rights Enforcement in Africa
• Alexandra R. Harrington, Victims of Peace: Current Abuse Allegations Against U.N. Peacekeepers and the Role of Law In Preventing Them in the Future
• Jeffrey Loan, Note, Sosa v. Alvarez-Machain: Extraterritorial Abduction and the Rights of Individuals Under International Law

Brooklyn Journal of International Law, Volume 31, Number 2, 2006

• Yuval Shany, How Supreme is the Supreme Law of the Land? Comparative Analysis of the Influence of International Human Rights Treaties Upon the Interpretation of Constitutional Texts by Domestic Courts
• Jackson Nyamuya Maogoto, Walking an International Law Tightrope: Use of Military Force to Counter Terrorism--Willing the Ends
• Mark A. Summers, Immunity or Impunity? The Potential Effect of Prosecutions of State Officials for Core International Crimes in States Like the United States that Are Not Parties to the Statute of the International Criminal Court
• Daniel Moeckli, The Selective "War on Terror": Executive Detention of Foreign Nationals and the Principle of Non-Discrimination

International Courts & Tribunals at a Glance

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

International Court of Justice

Application Instituting Proceedings:

Application Instituting Proceedings Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)

• APPLICATION (very large pdf file- 99 mb - 572 pages)
• Request for Provisional Measures of Protection
• Argentina institutes proceedings against Uruguay and requests the Court to indicate provisional measures (ICJ Notice) ---"In the late afternoon of 4 May 2024 Argentina seised the International Court of Justice (ICJ) of a dispute between itself and Uruguay concerning alleged breaches by Uruguay of obligations incumbent upon it under the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975."

Cases under deliberation:

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

    Case Resources
   
    Oral Pleadings:

• Serbia and Montenegro: Mr. Radoslav Stojanović, Mr. Ian Brownlie (CR 2006/38 - Public sitting held on Tuesday 2 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Ian Brownlie, Mr. Olujić, Mr. Obradović, Mr. Cvetković (CR 2006/39 - Public sitting held on Tuesday 2 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Mr. Cvetković, Mr. Brownlie (CR 2006/40 - Public sitting held on Wednesday 3 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/41 - Public sitting held on Thursday 4 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)
• Serbia and Montenegro: Ms. Fauveau-Ivanović (CR 2006/42 - Public sitting held on Thursday 4 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (3 May 2024)

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

From the ICTY, "In its Judgement, the Appeals Chamber dismissed the vast majority of the grounds of appeal raised by both sides. The Appeals Chamber also set aside, in part, a few of the convictions entered by the Trial Chamber against Naletilic and Martinovic. However, taking into account the particular circumstances of this case as well as the form and degree of the participation of the accused in the crimes affirmed on appeal, as well as the seriousness of those crimes, the Appeals Chamber found that the sentences imposed by the Trial Chamber against them were within the range that a reasonable Trial Chamber could have ordered. It therefore confirmed their sentences to 20 and 18 years' imprisonment, respectively."

• Prosecutor v. Mladen Naletili, Vinko Martinovi, Case No. IT-98-34-A, JUDGEMENT, 3 May 2024

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

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

Blagoje Simic Granted Temporary Provisional Release (5 May 2024)

From the ICTY, "The Appeals Chamber granted Blagoje Simic’s motion for temporary provisional release to attend memorial services for his mother in Samac, a border town in the north of Bosnia and Herzegovina. Blagoje Simic will be provisionally released from 10 to 25 May 2006....    On 25 October 2003, Blagoje Simic was sentenced to 17 years’ imprisonment for crimes against Bosnian Muslim and Bosnian Croat civilians in Bosanski Samac. At the time, Simic was the highest ranking civilian official in the Bosanski Samac municipality. Both the prosecution and defence appealed the judgement. The Appeals Chamber's decision is pending."

• Prosecutor v. Blagoje Simic, Case No. IT-95-9-A, DECISION ON MOTION OF BLAGOJE SIMIC FOR PROVISIONAL RELEASE FOR A FIXED PERIOD TO ATTEND MEMORIAL SERVICES FOR HIS MOTHER, 5 May 2024

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

Latest Decisions

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

From the ICTR, "On 2 and 3 May 2006, the Prosecution and the Defence in the case of Jean Mpambara, the former bourgmestre of Rukara commune in Kibungo prefecture, presented their final submissions before Trial Chamber I of the United Nations International Criminal Tribunal for Rwanda. The Prosecution called for the conviction of the Accused and the imposition of a life imprisonment sentence. It argued that evidence presented in court proved that he truly committed genocide. It added that the evidence shows that the Accused organized and executed killings which occurred in Rukara commune, including at the Gahini Hospital and Rukara Parish, during which more than 2,500 persons were killed. The Prosecution further argued that Mpambara took part in a number of massacres of Tutsi civilians in Rukara commune in eastern Rwanda, between 7 and 16 April1994. The Defence called for Mpambara’s acquittal, arguing that his implication in the terrible crimes of which he is accused was not proven by the Prosecutor. It added that the evidence shows that the Accused never committed the crimes, and that the witnesses called by the Prosecutor were unreliable."

• The Prosecutor v. Jean Mpambara, Case No. ICTR-2001-65-I, AMENDED INDICTMENT

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 5 May 2024

Prosecutor v. Charles Ghankay Taylor, Case No. SCSL-03-1-PT, Decision on Confidential Prosecution Motion for Immediate Protective Measure For Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures AND on Confidenital Prosecution Motion for Leave to Substitute a Corrected and Supplemented List as Annex A of the Confidential Prosecution Motion for Immediate Protective Measures for Witnesses and for Non-Public Disclosure and Urgent Request for Interim Measures (5 May 2024)

International Criminal Court (ICC)

Hearing Schedule

Situations & Cases:

Situation in Democratic Republic of Congo

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

Situation in Uganda

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

International Tribunal for the Law of the Sea

Statements of the President

• The 28th Doherty lecture ‘Fighting Terrorism at Sea: Options and Limitations under International Law’ (13 April 2024)

International Courts & Tribunals at a Glance

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

International Court of Justice

Application Instituting Proceedings:

Application Instituting Proceedings Concerning Violation of Rules Concerning Diplomatic Relations (Commonwealth of Dominica v. Switzerland)

• APPLICATION OF THE COMMONWEALTH OF DOMINICA
• Dominica brings a case against Switzerland to the Court in a dispute concerning alleged violations of the Vienna Convention on Diplomatic Relations and other international instruments and rules with respect to a diplomatic envoy of Dominica to the United Nations in Geneva (ICJ Notice)

Cases under deliberation:

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

• Case Resources

    Oral Pleadings:

• Bosnia and Herzegovina: Ms Stern, Mr Pellet, Mr van den Biesen and Mr Softić (CR 2006/37 - Public sitting held on Monday 24 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Court Schedule

ICTY Weekly Press Briefing (24 April 2024)

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

From the ICTY, "The trial for the six high-level leaders of the Bosnian Croat wartime entity, Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic will begin on Wednesday, 26 April 2024 at 2:15 p.m. in Courtroom III The charges against the accused focus on ethnic cleansing of Bosnian Muslims and other non-Croats from areas in the territory of the Republic of Bosnia and Herzegovina which were claimed to be part of the so-called Herceg-Bosna, declared as a political and territorial entity in November 1991. The charges include, among others, murder, rape, sexual assault, destruction of property, imprisonment, deportation and forcible transfer. The indictment concentrates on crimes committed in the municipalities of Prozor, Gornji Vakuf, Jablanica, Mostar, Ljubuski, Stolac, Čapljina and Vares."

• Prosecutor v. Prlic et al., Case No. IT-04-74-PT, Amended Indictment, 16 Nov. 2005

Ad Litem Judge Sworn in (25 April 2024)

From the ICTY, "Judge Antoine Kesia-Mbe Mindua was sworn in today as ad litem, or temporary, judge of the Tribunal. The UN Secretary General appointed Judge Mindua as a reserve ad litem judge to sit on the Prlic et al. case, involving the six high-level leaders of the Bosnian Croat wartime entity. Security Council resolution 1660 (2006) permits the UN Secretary General to appoint, at the request of the Tribunal President, reserve judges from the Tribunal’s pool of 27 ad litem Judges to specific trials. Reserve judges will be present at each stage of a trial and may replace a judge on a bench if he or she is unable to continue sitting."

International Criminal Tribunal for Rwanda (ICTR)

Judicial Calendar

Latest Decisions

THE PROSECUTOR v. ATHANASE SEROMBA, Case No. ICTR-2001-66-T, DECISION ON MOTION FOR DISQUALIFICATION OF JUDGES (25 April 2024)

THE PROSECUTOR vs. THARCISSE MUVUNYI, Case No. ICTR-2000-55A-T, DECISION ON THE PROSECUTOR'S MOTION PURSUANT TO TRIAL CHAMBER�S DIRECTIVES OF 7 DECEMBER 2023 FOR THE VERIFICATION OF THE AUTHENTICITY OF EVIDENCE OBTAINED OUT OF COURT PURSUANT TO RULES 89 (C) & (D) (26 APRIL 2024)

THE PROSECUTOR v. Protais ZIGIRANYIRAZO, Case No. ICTR-2001-73-T, DECISION ON THE DEFENCE MOTION FOR DISCLOSURE OF VOIR DIRE EVIDENCE (27 April 2024)

THE PROSECUTOR v. KAREMERA ET AL., Case No. ICTR-98-44-AR73.6, DECISION ON JOSEPH NZIRORERA’S INTERLOCUTORY APPEAL (28 April 2024)

The Special Court for Sierra Leone

Court Schedule

Court Summary, Week Ending 28 April 2024

Special Court Prosecutor to Step Down (28 April 2024)

International Criminal Court (ICC)

Hearing Schedule

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

Situations & Cases:

Situation in Darfur, Sudan

Situation in the Central African Republic

Situation in Democratic Republic of Congo

Situation in Uganda

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:

Hemme Battjes, European Asylum Law and International Law

Omer Elagab & Jeehaan Elagab, International Documents Relating to Terrorism

Finn Laursen (ed.), The Treaty of Nice: Actor Preferences, Bargaining and Institutional Choice

Helen O'Nions, Minority Rights Protection in International Law: The Roma of Europe

Steven C. Roach, Politicizing the International Criminal Court : The Convergence of Politics, Ethics, and Law

Articles:

Journal of International Criminal Justice (United Kingdom), Volume 4, Number 2, May 2006

• Han-Ru Zhou, The Enforcement of Arrest Warrants by International Forces: From the ICTY to the ICC
• Carsten Stahn, Héctor Olásolo, and Kate Gibson, Participation of Victims in Pre-Trial Proceedings of the ICC
• Harmen G. van der Wilt, Genocide, Complicity in Genocide and International v. Domestic Jurisdiction: Reflections on the van Anraat Case
• Ulrich Garms and Katharina Peschke, War Crimes Prosecution in Bosnia and Herzegovina (1992-2002): An Analysis through the Jurisprudence of the Human Rights Chamber

Criminal Law Forum (Netherlands), Volume 16, Numbers 3-4, October 2005

• Héctor Olásolo, Reflections on the International Criminal Court's Jurisdictional Reach

Tulane Journal of International and Comparative Law, Volume 14, Number 1, Winter 2005

• Bruno Simma, Carsten Hoppe, FROM LaGRAND AND AVENA TO MEDELLIN--A ROCKY ROAD TOWARD IMPLEMENTATION
• John King Gamble, Charlotte Ku, Chris Strayer, HUMAN-CENTRIC INTERNATIONAL LAW: A MODEL AND A SEARCH FOR EMPIRICAL INDICATORS
• Kweku Vanderpuye, THE INTERNATIONAL CRIMINAL COURT AND DISCRETIONARY EVIDENTIAL EXCLUSION: TOEING THE MARK?
• David Schleicher, LIBERAL INTERNATIONAL LAW THEORY AND THE UNITED NATIONS MISSION IN KOSOVO: IDEAS AND PRACTICE

International Lawyer, Volume 40, Number 1, Spring 2006

• Henry T. King, American Bar Association's Commemoration of the 60th Anniversary of the Nuremberg Trials
• Whitney R. Harris, Tyranny on Trial: The Trial of the Major German War Criminals at Nuremberg, 1945-46, An Address to the American Bar Association
• Claus Kress, Versailles--Nuremberg--The Hague: Germany and International Criminal Law
• Nsongurua J. Udombana, An Escape from Reason: Genocide and the International Commission of Inquiry on Darfur

Indiana International & Comparative Law Review, Volume 16, Number 1, 2005

• Mark S. Stein, The Security Council, the International Criminal Court, and the Crime of Aggression: How Exclusive Is the Security Council's Power to Determine Aggression?

International Journal of Marine and Coastal Law (Netherlands), Volume 21, Number 1, 2006

• Robin Churchill, Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2004

Houston Journal of International Law Volume 28, Number 2, Spring 2006

• Jeffrey F. Addicott, CONTRACTORS ON THE "BATTLEFIELD:" PROVIDING ADEQUATE PROTECTION, ANTI-TERRORISM TRAINING, AND PERSONNEL RECOVERY FOR CIVILIAN CONTRACTORS ACCOMPANYING THE MILITARY IN COMBAT AND CONTINGENCY OPERATIONS
• Gregory F. Intoccia and Joe Wesley Moore, COMMUNICATIONS TECHNOLOGY, WARFARE, AND THE LAW: IS THE NETWORK A WEAPON SYSTEM?

Cardozo Law Review, Volume 27, Number 4, February 2006

Symposium - The Nuremberg Trials: A Reappraisal and Their Legacy

• Patricia M. Wald, Running the Trial of the Century: The Nuremberg Legacy
• Donald Bloxham, The Nuremberg Trials and the Occupation of Germany
• Yael Danieli, Reappraising the Nuremberg Trials and Their Legacy: The Role of Victims in International Law
• Zhang Wanhong, From Nuremberg to Tokyo: Some Reflections on the Tokyo Trial (On the Sixtieth Anniversary of the Nuremberg Trials)
• David M. Crane, White Man's Justice: Applying International Justice After Regional Third World Conflicts
• William A. Schabas, Genocide, Crimes Against Humanity, and Darfur: The Commission of Inquiry's Findings on Genocide

Netherlands International Law Review (Netherlands), Volume 53, Issue 1, May 2006

• Robert Kolb, Principles as Sources of International Law (With Special Reference to Good Faith)
• Gelijn Molier, Humanitarian Intervention and The Responsibility to Protect After 9/11

Berkeley Journal of International Law, Volume 24, Number 1, 2006

• Grant T. Harris, THE ERA OF MULTILATERAL OCCUPATION
• Harlan Grant Cohen, SUPREMACY AND DIPLOMACY: THE INTERNATIONAL LAW OF THE U.S. SUPREME COURT

Leiden Journal of International Law (Netherlands), Volume 19, Number 1, March 2006

• LOUIZA ODYSSEOS and FABIO PETITO, Introducing the International Theory of Carl Schmitt: International Law, International Relations, and the Present Global Predicament(s)
• JÖRG FRIEDRICHS, Defining the International Public Enemy: The Political Struggle behind the Legal Debate on International Terrorism
• MARIA CHIARA VITUCCI, Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases in Relation to the Status of the Federal Republic of Yugoslavia (Serbia and Montenegro) within the United Nations
• IRIS CANOR, When Jus ad Bellum Meets Jus in Bello: The Occupier's Right of Self-Defence against Terrorism Stemming from Occupied Territories
• ROBERT CRYER, Sudan, Resolution 1593, and International Criminal Justice