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 2024)
- 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 2024 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 2024 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 2024 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)
Sylvestre Gacumbitsi v. The Prosecutor, Case No. ICTR-2001-64-A, JUDGEMENT, 7 July 2006.
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)
