Jus cogens: Recent Developments in International Law

Recent Scholarship: This Week in Public International Law Scholarship (No. 16)

A juscogens.net weekly 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:

Geert-Jan Alexander Knoops, Redressing Miscarriages of Justice: Practice And Procedure in National And International Criminal Law Cases

Giuseppe Nesi, International Cooperation in Counter-terrorism: The United Nations and Regional Organizations in the Fight Against Terrorism

Christian Tams, Andreas Zimmermann, Karin Oellers-Frahm, Christian Tomuschat (eds), The Statute of the International Court of Justice : A Commentary

The Canadian Yearbook Of International Law 2004

Articles:

Georgetown Journal of International Law, Volume 37, Number 2, Winter 2006

• Patty Gerstenblith, FROM BAMIYAN TO BAGHDAD: WARFARE AND THE PRESERVATION OF CULTURAL HERITAGE AT THE BEGINNING OF THE 21ST CENTURY
• José E. Arvelo, Note, INTERNATIONAL LAW AND CONFLICT RESOLUTION IN COLOMBIA: BALANCING PEACE AND JUSTICE IN THE PARAMILITARY DEMOBILIZATION PROCESS

American University International Law Review, Volume 21, Number 4, 2006

SYMPOSIUM: INTERNATIONAL CRIMINAL TRIBUNALS IN THE 21ST CENTURY

• Luis Moreno-Ocampo, Keynote Address: Integrating the Work of the ICC into Local Justice Initiatives
• David M. Crane, Terrorists, Warlords, and Thugs
• Aryeh Neier, Lessons Learned: Building on the Success of the Current International Tribunal Framework to Develop the Next Era of War Crimes Tribunals
• Phillip Rapoza, Hybrid Criminal Tribunals and the Concept of Ownership: Who Owns the Process?
• Patricia M. Wald, Iraq, Cambodia, and International Justice
• Diane F. Orentlicher, Criminalizing Hate Speech in the Crucible of Trial: Prosecutor v. Nahimana

Harvard Human Rights Journal, Volume 19, Spring 2006

• David Tolbert, with Andrew Solomon, United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies
• Claude Bruderlein, Pierre Gassmann, Managing Security Risks in Hazardous Missions: The Challenges of Securing United Nations Access to Vulnerable Groups
• Darren C. Zook, Decolonizing Law: Identity Politics, Human Rights, and the United Nations
• David Weissbrodt, Amy Bergquist, Extraordinary Rendition: A Human Rights Analysis
• Lainie Rutkow, Joshua T. Lozman, Suffer the Children?: A Call for United States Ratification of the United Nations Convention on the Rights of the Child
• H. Abigail Moy, The International Criminal Court's Arrest Warrants and Uganda's Lord's Resistance Army: Renewing the Debate over Amnesty and Complementarity

European Journal of International law (United Kingdom), Volume 17, Number 2, April 2006

• Alexander Orakhelashvili, The Idea of European International Law
• Tobias Thienel, The Admissibility of Evidence Obtained by Torture under International Law
• Craig Forcese, The Capacity to Protect: Diplomatic Protection of Dual Nationals in the 'War on Terror'
• Erich Vranes, The Definition of 'Norm Conflict' in International Law and Legal Theory

Michigan Journal of International Law, Volume 27, Number 2, Winter 2006

• Laura K. Donohue, ANTI-TERRORIST FINANCE IN THE UNITED KINGDOM AND UNITED STATES
• Aaron A. Ostrovsky, Brandon E. Reavis, Comment, REBUS SIC STANTIBUS: NOTIFICATION OF CONSULAR RIGHTS AFTER MEDELLIN

International Lawyer, Volume 40, Number 2, Summer 2006

• Kathleen M Hamann, Philip Urofsky, Nicole M. Healy, Alexandra Wrage, Margaret Ayres, Developments in U.S. and International Efforts to Prevent Corruption

California Western International Law Journal, Volume 36, Number 2, Spring 2006

• Mark D. Kielsgard, A HUMAN RIGHTS APPROACH TO COUNTER-TERRORISM

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 2024

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 2024
• 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."