Jus cogens: Recent Developments in International Law

Security Council Compendium (No. 6)

Security Council Compendium, a juscogens.net feature, provides 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/1694 (2006) The situation in Liberia (13 July 2024)

• Synopsis of Resolution 1694: A Chapter VII Resolution, in Resolution 1694, the Security Council "decides to increase the authorized size of [the United Nations Mission in Liberia (UNMIL's)] civilian police component by 125, and to decrease the authorized size of UNMIL’s military component by 125, from the current authorized levels."

S/RES/1695 (2006) Letter dated 4 July 2024 from the Permanent Representative of Japan to the United Nations addressed to the President of the Security Council (S/2006/481) (15 July 2024)

• Synopsis of Resolution 1695: After a preamble describing the recent ballistic missile firings by the Democratic People’s Republic of Korea (DPRK), the DPRK missile firing "into the waters in the vicinity of Japan on 31 August 1998," and the "DPRK’s announcement of withdrawal from the Treaty on Non-Proliferation of Nuclear Weapons," the Security Council presents Resolution 1695 "under its special responsibility for the maintenance of international peace and security" (N.B., no invocation of Chapter VII). Resolution 1695 "condemns" the recent missile firings by the DPRK and "demands that the DPRK suspend all activities related to its ballistic missile programme, and in this context re-establish its pre-existing commitments to a moratorium on missile launching." Resolution 1695 also "requires" Member States "to exercise vigilance and prevent missile and missile-related items, materials, goods and technology being transferred to DPRK’s missile or WMD programmes" and "to exercise vigilance and prevent the procurement of missiles or missile related-items, materials, goods and technology from the DPRK, and the transfer of any financial resources in relation to DPRK’s missile or WMD programmes." Resolution 1695 also urges the DPRK to return to the Six-Party Talks "without precondition."

S/RES/1696 (2006) Non-proliferation (31 July 2024)

• Synopsis of Resolution 1696: After a lengthy preamble, which includes a description of the non-compliance of Iran with International Atomic Energy Agency (IAEA) directives, the Security Council presents Resolution 1696 under the auspices of Article 40, Chapter VII of the UN Charter. Resolution 1696 calls upon Iran "to take the steps required by the IAEA Board of Governors," demands "that Iran shall suspend all enrichment-related and reprocessing activities, including research and development, to be verified by the IAEA," and "calls upon all States, in accordance with their national legal authorities and legislation and consistent with international law, to exercise vigilance and prevent the transfer of any items, materials, goods and technology that could contribute to Iran’s enrichment-related and reprocessing activities and ballistic missile programmes." Resolution 1696 also requests a report from the Director General of the IAEA by August 31 "on whether Iran has established full and sustained suspension of all activities mentioned in this resolution, as well as on the process of Iranian compliance with all the steps required by the IAEA Board." Additionally, in Resolution 1696, the Security Council "expresses its intention, in the event that Iran has not by that date complied with this resolution, then to adopt appropriate measures under Article 41 of Chapter VII of the Charter of the United Nations to persuade Iran to comply with this resolution and the requirements of the IAEA, and underlines that further decisions will be required should such additional measures be necessary."

S/RES/1697 (2006) The situation in the Middle East (31 July 2024)

• Synopsis of Resolution 1697: After examining the Secretary-General's report of 22 July 2024 on the United Nations Interim Force in Lebanon (UNIFIL), Resolution 1697 "urges all concerned parties to abide scrupulously by their obligation to respect the safety of UNIFIL and other United Nations personnel, and avoid any course of action which might endanger United Nations personnel, and calls on them to allow the Force to resupply its positions, conduct search and rescue operations on behalf of its personnel and undertake any other measures the Force deems necessary to ensure the safety of its personnel." Resolution 1697 also extends the mandate of UNIFIL until 31 August 2006.

S/RES/1698 (2006) The situation concerning the Democratic Republic of the Congo (31 July 2024)

• Synopsis of Resolution 1698: Acting under Chapter VII of the UN Charter, Resolution 1698 reaffirms and renews several measures found in Resolutions 1493, 1596, 1649, and 1654. The renewed portions of Resolution 1493 include an arms and military training embargo "to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the Democratic Republic of the Congo." Resolutions 1596 and 1649 amend and expand this general prohibition found in Resolution 1493. Resolution 1698 also extends the mandate of the "Group of Experts" established by Resolution 1533 until 31 July 2007. Resolution 1698 reiterates the oversight and analysis function of the Group of Experts "to examine and analyse information gathered by the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) in the context of its monitoring mandate" and "gather and analyse all relevant information in the Democratic Republic of the Congo, countries of the region and, as necessary, in other countries, in cooperation with the governments of those countries, flows of arms and related materiel, as well as networks operating in violation of the measures imposed by paragraph 20 of resolution 1493." Additionally, Resolution 1698 requests that the Group of Experts' next report provide "feasible and effective measures the Council might impose to prevent the illegal exploitation of natural resources financing armed groups and militias in the Eastern part of the Democratic Republic of the Congo, including through a certificate of origin regime." Lastly, Resolution 1698 extends the prohibition found in Resolution 1493, and expanded by Resolution 1596, to "political and military leaders recruiting or using children in armed conflict in violation of applicable international law" and "individuals committing serious violations of international law involving the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement." The additional measures found in Resolution 1596 enable the freezing of all assets of such individuals.

Security Council Meetings

S/PV.5483 (closed) (11 July 2024) Georgia [Communiqué]

S/PV.5484 (12 July 2024) Peace and security--terrorist acts [S/PRST/2006/30]

S/PV.5485 (closed) (13 July 2024) Kosovo (Serbia) [Communiqué]

S/PV.5486 (13 July 2024) Somalia [S/PRST/2006/31]

S/PV.5487 (13 July 2024) Liberia [S/RES/1694 (2006); Vote: 15-0-0]

S/PV.5488 (13 July 2024) Middle East situation, including the Palestinian question [Draft resolution S/2006/508; vetoed by USA 10-1-4]

S/PV.5489 (14 July 2024) Middle East situation [no action]

S/PV.5490 (15 July 2024) Democratic People's Republic of Korea [S/RES/1695 (2006); Vote: 15-0-0]

S/PV.5491 (19 July 2024) Côte d'Ivoire [S/PRST/2006/32]

S/PV.5492 (20 July 2024) Middle East situation [no action]

S/PV.5493 (21 July 2024) Middle East situation, including the Palestinian question [no action]

S/PV.5493 (Resumption 1; 21 July 2024) Middle East situation, including the Palestinian question [no action]

S/PV.5494 (24 July 2024) Children and armed conflict [S/PRST/2006/33]

S/PV.5494 (Resumption 1; 24 July 2024) Children and armed conflict [no action]

S/PV.5495 (closed) (25 July 2024) Meeting with countries contributing troops to the UN Interim Force in Lebanon [Communiqué]

S/PV.5496 (closed) (26 July 2024) Afghanistan [Communiqué]

S/PV.5497 (27 July 2024) Middle East situation [S/PRST/2006/34]

S/PV.5498 (30 July 2024) Middle East situation [no action]

S/PV.5499 (30 July 2024) Middle East situation [S/PRST/2006/35]

S/PV.5500 (31 July 2024) Non-proliferation [S/RES/1696 (2006); Vote: 14-1-0]

S/PV.5501 (31 July 2024) Middle East situation [S/RES/1697 (2006); Vote: 15-0-0]

S/PV.5502 (31 July 2024) Democratic Republic of the Congo [S/RES/1698 (2006); Vote: 15-0-0]

S/PV.5503 (31 July 2024) Middle East situation [no action]

S/PV.5504 (3 August 2024) Democratic Republic of the Congo [S/PRST/2006/36]

Statements By Security Council President (held by France July 2006 and Ghana August 2006)

S/PRST/2006/30 (12 July 2024) Threats to international peace and security caused by terrorist acts

S/PRST/2006/31 (13 July 2024) The situation in Somalia

S/PRST/2006/32 (19 July 2024) The situation in Côte d’Ivoire

S/PRST/2006/33 (24 July 2024) Children and armed conflict

S/PRST/2006/34 (27July 2006) The situation in the Middle East

S/PRST/2006/35 (30 July 2024) The situation in the Middle East

S/PRST/2006/36 (3 August 2024) The situation concerning the Democratic Republic of the Congo

Statements to Press By Security Council President

SC/8777 (14 July 2024) DISPATCH OF MIDDLE EAST TEAM

(19 July 2024) SECURITY COUNCIL’S INFORMAL WORKING GROUP ON DOCUMENTATION AND OTHER PROCEDURAL QUESTIONS

SC/8783 (20 July 2024) GUINEA-BISSAU

SC/8786 (26 July 2024) CÔTE D’IVOIRE

SC/8787 (26 July 2024) AFGHANISTAN

Security Council President and Secretary-General Letters

S/2006/510 (12 July 2024) Letter dated 10 July 2024 from the Secretary-General addressed to the President of the Security Council (Note by the Secretary-General on arrangements for terminating the operations relating to the letters of credit raised against the United Nations Iraq Account under Security Council resolution 1483 (2003 - Update to the letter dated 19 December 2023 addressed to the President of the Security Council)

S/2006/516 (12 July 2024) Letter dated 12 July 2024 addressed to the President of the Security Council by the Secretary-General (Yamoussoukro High-level Meeting on Côte d’Ivoire convened by the United Nations Secretary-General, 5 July 2024 - Communiqué/Chairman’s Statement)

S/2006/539 (19 July 2024) Letter dated 14 July 2024 from the Secretary-General addressed to the President of the Security Council (Special Representative for Georgia and Head of the United Nations Observer Mission in Georgia (UNOMIG)

S/2006/540 (19 July 2024) Letter dated 19 July 2024 from the President of the Security Council addressed to the Secretary-General (Special Representative for Georgia and Head of the United Nations Observer Mission in Georgia (UNOMIG)

S/2006/541 (19 July 2024) Letter dated 14 July 2024 from the Secretary-General addressed to the President of the Security Council (Commissioner of the International Independent Investigation Commission established pursuant to resolution 1595 (2005))

S/2006/542 (19 July 2024) Letter dated 19 July 2024 from the President of the Security Council addressed to the Secretary-General (Commissioner of the International Independent Investigation Commission established pursuant to resolution 1595 (2005))

S/2006/572 (25 July 2024) Letter dated 25 July 2024 from the Secretary-General addressed to the President of the Security Council (Cyprus - "Set of Principles” and “Decision by the two leaders”, signed by Tassos Papadopoulos and Mehmet Ali Talat, in Nicosia on 8 July 2006, in the presence of Mr. Ibrahim Gambari, Under-Secretary-General for Political Affairs)

S/2006/574 (26 July 2024) Letter dated 24 July 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 May 2024)

S/2006/584 (27 July 2024) Letter dated 26 July 2024 from the Secretary-General addressed to the President of the Security Council (International Working Group on Côte d’Ivoire - 9th ministerial meeting, Abidjan, 20 July 2024 - Final communiqué)

S/2006/586 (28 July 2024) Letter dated 25 July 2024 from the Secretary-General addressed to the President of the Security Council (United Nations Stabilization Mission in Haiti (MINUSTAH))

S/2006/587 (28 July 2024) Letter dated 28 July 2024 from the President of the Security Council addressed to the Secretary-General (United Nations Stabilization Mission in Haiti (MINUSTAH))

S/2006/595 (29 July 2024) Letter dated 29 July 2024 from the Secretary-General addressed to the President of the Security Council (Lebanon)

S/2006/601 (1 August 2024) Letter dated 1 August 2024 from the Secretary-General addressed to the President of the Security Council (United Nations Assistance Mission for Iraq (UNAMI))

Reports of the Secretary-General http://www.un.org/Docs/sc/sgrep06.htm

S/2006/478 (29 June 2024) Report of the Secretary-General pursuant to resolutions 1653 (2006) and 1663 (2006)

S/2006/487 (6 July 2024) Report of the Secretary-General on developments in Guinea-Bissau and on the activities of the United Nations Peacebuilding Support Office in that country

S/2006/532 (17 July 2024) Ninth progress report of the Secretary-General on the United Nations Operation in Côte d’Ivoire

S/2006/560 (21 July 2024) Report of the Secretary-General on the United Nations Interim Force in Lebanon (For the period from 21 January 2024 to 18 July 2024)

S/2006/580 (26 July 2024) Report of the Secretary-General on justice and reconciliation for Timor-Leste

S/2006/591 (28 July 2024) Report of the Secretary-General on Darfur

S/2006/592 (28 July 2024) Report of the Secretary-General on the United Nations Stabilization Mission in Haiti

Security Council Monthly Programme of Work (August 2006)

2006 Archived Webcasts of Security Council Meetings

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)

• SUMMARY OF JUDGEMENT (French only)

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

• SUMMARY OF JUDGEMENT

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)
  

Recent Scholarship: This Week in Public International Law Scholarship (No. 17)

After a summer hiatus, This Week in Public International Law Scholarship returns to highlight new and notable books and articles concerning public international law. For comments or suggestions, please contact [email protected].

Books:

Jose E. Alvarez, International Organizations As Law-makers

Rudolf Avenhaus, Nicholas Kyriakopoulos, Michel Richard & Gotthard Stein (eds.), Verifying Treaty Compliance: Limiting Weapons of Mass Destruction and Monitoring Kyoto Protocol Provisions

Richard Burchill, Democracy And International Law (The Library of Essays in International Law)

Jeffrey Dunoff, International Law: Norms, Actors, and Process, Second Edition

Oonagh Fitzgerald (ed.), The Globalized Rule of Law: Relationships Between International and Domestic Law

Helen Ghebrewebet, Identifying Units of State Hood And Determining International Boundaries: A Revised Look at the Doctrine of Uti Possidetis And the Principle of Self-determination

Gerhard von Glahn, James L Taulbee, Law Among Nations: An Introduction to Public International Law (8th Edition)

William A. Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone

Ramesh Thakur, The United Nations, Peace and Security: From Collective Security to the Responsibility to Protect

Ana Filipa Vrdoljak, International Law, Museums and the Return of Cultural Objects

Articles:

San Diego International Law Journal, Volume 7, Number 2, Spring 2006

• Martin Lishexian Lee, THE INTERRELATION BETWEEN THE LAW OF THE SEA CONVENTION AND CUSTOMARY INTERNATIONAL LAW
• Noah B. Novogrodsky, LITIGATING CHILD RECRUITMENT BEFORE THE SPECIAL COURT FOR SIERRA LEONE
• Noah B. Novogrodsky, BRIEF OF THE UNIVERSITY OF TORONTO INTERNATIONAL HUMAN RIGHTS CLINIC AS AMICUS CURIAE TO THE SPECIAL COURT FOR SIERRA LEONE

George Washington International Law Review, Volume 38, Number 2, 2006

• James D. Fry, The UN Security Council and the Law of Armed Conflict: Amity or Enmity?

Cardozo Journal of International & Comparative Law, Volume 14, Number 1, Spring 2006

• Lior Zemer & Sharon Pardo, Justice & Foreign Affairs: Taking the European Neighbourhood Partner Countries to the European Court of Justice
• Paul W. Kaufman, Green Berets, Blue Berets ... White Berets?: How & When Republics Participate in Humanitarian Military Intervention
• Carole Silver, Internationalizing U.S. Legal Education: A Report on the Education of Transnational Lawyers

University of Chicago Law Review, Volume 73, Number 2, Spring 2006

• International Law: A Welfarist Approach, Eric A. Posner

Virginia Journal of International Law, Volume 46, Number 1, Fall 2005

The Laws of War: Past, Present, and Future

• Samuel Estreicher and Paul B. Stephan, The Politics of the Geneva Conventions: Anxiety as the Beginning of Insight
• David Glazier, Precedents Lost: The Neglected History of the Military Commission
• Allison Marston Danner, Beyond the Geneva Conventions: Lessons from the Tokyo Tribunal in Prosecuting War and Terrorism
• Robert J. Delahunty and John Yoo, Statehood and the Third Geneva Conventionp
• Derek Jinks, The Applicability of the Geneva Conventions to the "Global War on Terrorism"
• Rosa Brooks, The Politics of the Geneva Conventions: Avoiding Formalist Traps
• Eric Talbot Jensen, Combatant Status: It Is Time for Intermediate Levels of Recognition for Partial Compliance

Georgia Journal of International and Comparative Law, Volume 34, Number 3, Spring 2006

• Alexander C. Linn, THE JUST WAR DOCTRINE AND STATE LIABILITY FOR PARAMILITARY WAR CRIMES

Brooklyn Journal of International Law, Volume 31, Number 3, 2006

• Duncan Kennedy, Iraq: The Case for Losing

Columbia Journal of Transnational Law, Volume 44, Number 3, 2006

• Smita Narula, The Right to Food: Holding Global Actors Accountable Under International Law
• Eric Blumenson, The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court

Suffolk Transnational Law Review, Volume 29, Number 2, Summer 2006

• Mirko Bagaric and Dr. John Morss, In Search of Coherent Jurisprudence for International Criminal Law: Correlating Universal Human Responsibilities with Universal Human Rights

Vanderbilt Journal of Transnational Law, Volume 39, Number 2, March 2006

• W. Chadwick Austin, Antony Barone Kolenc, Who's Afraid of the Big Bad Wolf? The International Criminal Court as a Weapon of Asymmetric Warfare

Cambridge Law Journal (United Kingdom), Volume 65, Issue 2, July 2006

• Justin Chenevier, NO SAFE HAVEN FOR UGANDA IN THE WORLD COURT

Florida State University Journal of Transnational Law & Policy, Volume 15, Number 1, Fall, 2005

• Klinton W. Alexander, Ignoring the Lessons of the Past: The Crisis in Darfur and the Case for Humanitarian Intervention
• Phillip G. Alston, Promoting the Accountability of Members of the New UN Human Rights Council

Regent Journal of International Law, Volume 4, Number 2, 2006

SYMPOSIUM: THE WAR ON TERROR: BALANCING CIVIL LIBERTIES AND NATIONAL SECURITY

• Gregory E. Maggs, THE CAMPAIGN TO RESTRICT THE RIGHT TO RESPOND TO TERRORIST ATTACKS IN SELF-DEFENSE UNDER ARTICLE 51 OF THE U.N. CHARTER AND WHAT THE UNITED STATES CAN DO ABOUT IT
• Robert J. Delahunty, PRESIDENTIAL POWER AND INTERNATIONAL LAW IN A TIME OF TERROR
• Douglass Cassel, DEFENDING HUMAN RIGHTS IN THE "WAR" AGAINST TERROR
• Michele L. Lombardo, Annigje J. Buwalda and Patricia Bast Lyman, TERRORISM, MATERIAL SUPPORT, THE INHERENT RIGHT TO SELF-DEFENSE, AND THE U.S. OBLIGATION TO PROTECT LEGITIMATE ASYLUM SEEKERS IN A POST-9/11, POST-PATRIOT ACT, POST-REAL ID ACT WORLD

Law and Practice of International Courts and Tribunals (Netherlands), Volume 5, Number 1, 2006

• Vecchio, Angela Del, Globalization and its Effect on International Courts and Tribunals
• Caminos, Hugo, The International Tribunal for the Law of the Sea: An Overview of its Jurisdictional Procedure
• Pocar, Fausto, Criminal Proceedings before the International Criminal Tribunals for the Former Yugoslavia and Rwanda
• Politi, Mauro, The Criminal Procedure before the International Criminal Court: Main Features
• Pellett, Alain, Remarks on Proceedings before the International Court of Justice
• Muller, Daniel, Procedural Developments at the International Court of Justice
• Ciampi, Annalisa, The International Criminal Court

Chinese Journal of International Law (United Kingdom), Volume 5, Number 2, July 2006

AGORA: THE INTERNATIONAL COURT OF JUSTICE AT 60 (PART II)

• Iain Scobbie, Regarding/Disregarding: The Judicial Rhetoric of President Barak and the International Court of Justice's Wall Advisory Opinion
• André Nollkaemper, The Role of Domestic Courts in the Case Law of the International Court of Justice

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

American Journal of International Law, Volume 100, Number 2, April 2006

Centennial Essays - In honor of the 100th anniversary of the AJIL and the ASIL

• Dinah Shelton, Normative Hierarchy in International Law
• José E. Alvarez, International Organizations: Then and Now
• Steve Charnovitz, Nongovernmental Organizations and International Law
• Christine Bell, Peace Agreements: Their Nature and Legal Status

Georgetown Law Journal, Volume 94, Number 5, June 2006

• Diane Marie Amann, International Law and Rehnquist-Era Reversals

Pace International Law Review, Volume 18, Number 1, Spring 2006

• Tracy Hresko, IN THE CELLARS OF THE HOLLOW MEN: USE OF SOLITARY CONFINEMENT IN U.S. PRISONS AND ITS IMPLICATIONS UNDER INTERNATIONAL LAWS AGAINST TORTURE
• Kweku Vanderpuye and Robert W. Bigelow, THE VIENNA CONVENTION AND THE DEFENSE OF NONCITIZENS IN NEW YORK: A MATTER OF FORM AND SUBSTANCE

Temple International and Comparative Law Journal, Volume 20, Number 1, Spring 2006

• Nsongurua J. Udombana, War Is Not Child's Play! International Law and the Prohibition of Children's Involvement in Armed Conflicts
• Jun-shik Hwang, A Sense and Sensibility of Legal Obligation: Customary International Law and Game Theory

Human Rights Law Journal (Germany), Volume 27, Numbers 1-4, April 2006

• William A. Schabas, First Prosecutions at the International Criminal Court

Stanford Journal of International Law, Volume 41, Number 2, Summer 2005

• Aaron A. Dhir, HUMAN RIGHTS TREATY DRAFTING THROUGH THE LENS OF MENTAL DISABILITY: THE PROPOSED INTERNATIONAL CONVENTION ON PROTECTION AND PROMOTION OF THE RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES

Connecticut Journal of International Law, Volume 21, Number 2, Spring 2006

• Harold Hongju Koh, Mark Janis and the American Tradition of International Law
• John E. Noyes, Universalism and the American Tradition of International Law
• William P. Alford, The Janis Tradition of International Law: Great Expectations Fulfilled
• Mark Weston Janis, The American Tradition of International Law: Exceptionalism and Universalism

Denver Journal of International Law and Policy, Volume 34, Number 1, Spring 2006

• David Aronofsky, INTERNATIONAL WAR CRIMES & OTHER CRIMINAL COURTS: TEN RECOMMENDATIONS FOR WHERE WE GO FROM HERE AND How TO GET THERE--LOOKING TO A PERMANENT INTERNATIONAL CRIMINAL TRIBUNAL
• Jennifer Moore, PRACTICING WHAT WE PREACH: HUMANE TREATMENT FOR DETAINEES IN THE WAR ON TERROR
• Brigadier General Thomas L. Hemingway, WARTIME DETENTION OF ENEMY COMBATANTS: WHAT IF THERE WERE A WAR AND No ONE COULD BE DETAINED WITHOUT AN ATTORNEY?
• Todd Howland, EVOLVING PRACTICE IN THE FIELD: INFORMING THE INTERNATIONAL LEGAL OBLIGATION TO "PROTECT"

European Journal of International law (United Kingdom), Volume 17, Number 3, June 2006

• Bruno Simma and Dirk Pulkowski, Of Planets and the Universe: Self-contained Regimes in International Law
• Steven Wheatley, The Security Council, Democratic Legitimacy and Regime Change in Iraq
• Marko Milanovic, State Responsibility for Genocide
• Patrick Dumberry, New State Responsibility for Internationally Wrongful Acts by an Insurrectional Movement

Duke Journal of Comparative & International Law, Volume 16, Number 2, Spring 2006

• Samuel Vincent Jones, HAS CONDUCT IN IRAQ CONFIRMED THE MORAL INADEQUACY OF INTERNATIONAL HUMANITARIAN LAW? EXAMINING THE CONFLUENCE BETWEEN CONTRACT THEORY AND THE SCOPE OF CIVILIAN IMMUNITY DURING ARMED CONFLICT
• Sarah Elizabeth Kreps, Anthony Clark Arend, WHY STATES FOLLOW THE RULES: TOWARD A POSITIONAL THEORY OF ADHERENCE TO INTERNATIONAL LEGAL REGIMES

Harvard International Law Journal, Volume 47, Number 2, Summer 2006

• Anne-Marie Slaughter & William Burke-White, The Future of International Law Is Domestic (or, The European Way of Law)

Loyola of Los Angeles International & Comparative Law Review, Volume 28, Number 2, Spring 2006

• Kamari Maxine Clarke, Internationalizing the Statecraft: Genocide, Religious Revivalism, and the Cultural Politics of International Criminal Law