Jus cogens: Recent Developments in International Law

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