Jus cogens: Recent Developments in International Law: September 17, 2024 - September 23, 2023

Courts & Tribunals

  • International Court of Justice
  • International Criminal Tribunal for the Former Yugoslavia (ICTY)
  • International Criminal Tribunal for Rwanda (ICTR)
  • International Tribunal for the Law of the Sea
  • International Criminal Court (ICC)
  • The Special Court for Sierra Leone
  • Permanent Court of Arbitration
  • European Court of Human Rights
  • Iraqi Special Tribunal

International Organizations

  • African Union
  • Asia-Pacific Economic Cooperation
  • Association of Southeast Asian Nations (ASEAN)
  • Council of Europe
  • European Commission
  • International Atomic Energy Agency (IAEA)
  • International Monetary Fund (IMF)
  • International Telecommunication Union
  • League of Arab States
  • North Atlantic Treaty Organization (NATO)
  • Organisation for Economic Co-operation and Development
  • Organisation for the Prohibition of Chemical Weapons
  • Organization of American States (OAS)
  • The World Bank
  • United Nations
  • World Intellectual Property Organization (WIPO)
  • World Trade Organization (WTO)

Treaties

  • Vienna Convention on the Law of Treaties
  • Vienna Convention on the Law of Treaties Between States and International Organizations
  • Charter of the United Nations
  • Vienna Convention on Diplomatic Relations
  • Vienna Convention on Consular Relations
  • Geneva Conventions
  • Hague Convention
  • Convention against Torture
  • Convention on the Law of the Sea
  • Statute of the International Court of Justice
  • Universal Declaration of Human Rights

Publications

  • American University International Law Review
  • American Journal of International Law
  • Berkeley Journal of International Law
  • Boston University International Law Journal
  • Brooklyn Journal of International Law
  • Case Western Reserve Journal of International Law
  • Chicago Journal of International Law
  • Chinese Journal Of International Law
  • Connecticut Journal of International Law
  • Cornell International Law Journal
  • Denver Journal of International Law and Policy
  • Duke Journal of Comparative & International Law
  • Emory International Law Review
  • European Journal of International Law
  • Fordham International Law Journal
  • Harvard International Law Journal
  • Hastings International and Comparative Law Review
  • Indiana International & Comparative Law Review
  • International and Comparative Law Quarterly
  • Journal of International Criminal Justice
  • Leiden Journal of International Law
  • Michigan Journal of International Law
  • NYU Journal of International Law and Politics
  • Stanford Journal of International Law
  • Texas International Law Journal
  • UCLA Journal of International Law and Foreign Affairs
  • Vanderbilt Journal of Transnational Law
  • Virginia Journal of International Law
  • Washington University Global Studies Law Review
  • Wisconsin International Law Journal
  • Yale Journal of International Law

Reference

  • ASIL - The American Society of International Law
  • ASIL Electronic Resource Guide
  • ASIL- EISIL“ - the Electronic Information System for International Law
    EISIL –
	the Electronic Information System for International Law
  • International Law Commission
  • Jus in Bello
  • Legal Information Institute: World Law
  • Max Planck Institute for Comparative Public Law and International Law
  • Peace Palace Library
  • Project on International Courts and Tribunals
  • Treaties in Force (United States)
  • United Nations Treaty Collection

« September 10, 2024 - September 16, 2024 | Main | September 24, 2023 - September 30, 2023 »

Thursday, 21 September 2024

International Courts & Tribunals at a Glance (No. 16)

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)

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


International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (20 September 2024)

Appeals Withdrawn in Pavle Strugar Case (18 September 2024)

From the ICTY: "Both the prosecution and the defence in the case of Pavle Strugar, a former Yugoslav People's Army General charged with crimes in against the Croatian city of Dubrovnik in 1991, have withdrawn their appeals against the Trial Chamber's judgement. The Prosecution based its withdrawal, filed on 15 September 2006, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik."

ICRC Delegation visits ICTY Detention Unit (20 September 2024)

From the ICTY: "A delegation of the International Committee of the Red Cross today concluded a visit of the Tribunal's Detention Unit. The visit in which the delegates concentrated on several matters of humanitarian concern was conducted in accordance with Rule 36 of the Tribunal's Rules of Detention. The ICTY Detention Unit is subject to frequent visits by the ICRC, pursuant to the agreement between the ICTY and ICRC made in May 1995. The agreement, formalized in the exchange of letters between the then ICTY President, Antonio Cassese, and the ICRC President, Cornelio Sommaruga, appointed ICRC as the inspection authority for the ICTY Detention Unit. The latest visit to the Tribunal's Detention Unit is the second conducted by the ICRC during 2006. The ICRC is internationally recognized for its independent work in monitoring detention facilities in order to ensure that detained persons are treated humanely and in accordance with the highest international standards."

  • ICTY's Rules of Detention

Pavle Strugar Case Concludes (20 September 2024)

From the ICTY: "The Appeals Chamber today declared proceedings closed in the case against Pavle Strugar, a former Yugoslav People's Army(JNA) General charged with crimes in the Croatian city of Dubrovnik in 1991. In the decision, the Appeals Chamber accepted the withdrawal by both the defence and prosecution of their appeals in the case, filed 15 September 2006. The Prosecution based its withdrawal, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik. With the withdrawal of the prosecution's appeal, Strugar's sentence of eight years imprisonment has become definitive. Strugar will in due course be transferred to serve his sentence."

  • Full-Text of DecisionPdficon_small_41


International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)Pdficon_small_42

Latest Decisions

Judge Robert Fremr Sworn (15 September 2024)

From the ICTR: "Judge Robert Fremr (Czech Republic) was sworn in as ad litem judge at a ceremony held today at the International Criminal Tribunal for Rwanda. The ceremony was administered by the Tribunal’s President, Judge Erik Møse and witnessed by the Registrar, Mr. Adama Dieng, representing the United Nations Secretary-General. Judge Fremrreplaces Judge Flavia Lattanzi ( Italy). Before joining the ICTR, Judge Fremr(49) was a Judge of the Supreme Court of the Czech Republic (from 2004). Before that, he was a Judge at the High Court in Prague (Penal Section), where he served since 1989 as Judge and in 1992 became Presiding Judge. He was also the Chairman of the Appellate Panel of the High Court (Penal Section). Previously, Judge Fremr was a Judge of the Court of Appeal in Prague (Penal Section) since 1986, and a Judge of the District Court in Prague from 1983 to 1986. Judge Fremr has also been a teacher of Criminal Law at the Faculty of Law of Charles University in Prague, and a lecturer on Human Rights at courses for judicial practitioners and judges, organized by the Judicial Academy of the Ministry of Justice of the Czech Republic."

TRIAL OF SINGER BIKINDI BEGINS (18 September 2024)

From the ICTR: "The trial of well known singer and composer of popular music, Simon Bikindi, 52, today commenced before newly composed Trial Chamber III, comprising of Judges Inés Mónica Weinberg de Roca, presiding, Florence Rita Arrey and Robert Fremr. Bikindi was also an official in Ministry of Youth and Sports and a member of the Mouvement Républicain National pour le Développement et la Démocratie (MRND) political party in Gisenyi prefecture. In his opening statement the Prosecutor, Hassan Bubacar Jallow stated that Bikindi through the lyrical content of his music, consciously and deliberately assisted in executing the plan to exterminate Tutsis. The vehicle was his music whereby the youth including members of his ballet, were mobilised to commit atrocities and join the Interahamwe. In addition it was alleged that Bikindi was aware of the powerful messages of hate in his music and used his fame to promote hatred and death. Justice Jallow stated that Bikindi not only contributed to the atrocities through his music but partook in the extermination plan himself. It was explained that the witnesses in the case would include survivors, victims and accomplices. The Prosecution further called its first witnesses. The accused made his initial appearance before the Tribunal on 04 April 2002. In the amended indictment dated 15 June 2005, Bikindi was charged with six counts: conspiracy to commit genocide; genocide; or alternatively complicity in genocide; direct and public incitement to commit genocide; murder as a crime against humanity; and persecution as a crime against humanity. Bikindi has pleaded not guilty to all the counts. The accused, who was also the director of the performance group ‘Irindiro Ballet’ allegedly, conspired with the political leadership of MRND to eliminate the Tutsi population. Prior to the events of April 1994, Bikindi reportedly participated in the recruitment and training of the Interahamwe militias knowing these activities were aimed at the eradication of Tutsi’s. The accused was arrested in the Netherlands on 12 July 2024 and transferred to the Tribunal’s detention facility (UNDF) on 27 March 2002. The accused is represented by Wilfred Nderitu (Kenya) and Jean de Dieu Momo (Cameroon)."

André Rwamakuba Not Guilty on All Charges (20 September 2024)

From the ICTR: "Trial Chamber III of the International Criminal Tribunal for Rwanda today unanimously acquitted André Rwamakuba, the former Minister of Primary and Secondary Education in the 1994 Interim Government , of all charges brought against him. Rwamakuba was charged with genocide, or alternatively, complicity in genocide, and extermination and murder as crimes against humanity for specific acts allegedly committed between 6 and 30 April 2024 in Gikomero commune and at Butare University Hospital. The Accused pleaded not guilty to all counts. His Defence did admit that genocide occurred in Rwanda in 1994 and that massacres were committed in these locations but disputed the Accused’s involvement in any of the crimes alleged in the Indictment. In its Judgement, the Chamber found that the evidence did not prove beyond a reasonable doubt the charges against Rwamakuba. The Chamber was convinced that the testimony of Prosecution witnesses was mainly indirect and hearsay evidence and undermined by significant credibility and reliability issues. Furthermore, the Chamber heard testimony from Defence witnesses, including Tutsis survivors, that the Accused was not present at the time and location of the events and was not involved in the massacres that took place in Gikomero commune and at Butare University Hospital in April 1994. During the course of the trial, the Prosecution invited the Chamber to hold the Accused, as a member of the Interim Government, liable for failing to denounce the crimes committed against the Tutsi, for not dissociating himself from the Government or for failing to discharge his duties as Minister. The Chamber found that the Prosecution had not properly pleaded this charge. It also noted that in any event, the Prosecution did not adduce any evidence as regard to what the Accused could or should have done as Minister or what he failed to do."

Commencement of Trial on 25 September 2023 in the Case of The Prosecutor v. Simeon Nchamihigo before Trial Chamber III (21 September 2024)

From the ICTR: "On Monday 25 September 2006, the trial of The Prosecutor v. Simeon Nchamihigo, former Substitut du Procureur de la République in Cyangugu préfecture, will commence before Trial Chamber III from 08:45 hrs to 12:30 hrs, composed of Judges Dennis Byron, presiding, Gberdao Gustave Kam and Robert Fremr. The opening of the trial will be broadcast live via our satellite."


The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 15 September 2024Pdficon_small_46

Case Resources:

The Civil Defence Forces (CDF) Accused

  • Decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)Pdficon_small_47
  • Dissenting opinion of Hon. Justice Robertson on decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)Pdficon_small_48
  • Decision on Norman request to admit documents in lieu of testimony of Abdul-One Mohammed pursuant to Rules 89(C) and 92bis (September 15 2006)Pdficon_small_49
  • Decision on Kondewa application for leave to call additional witnesses (20 September 2024)Pdficon_small_50

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

  • Decision on joint Defence application for protective measures for Defence witnesses appearing from 4 September 2024 onwards (13 September 2024)Pdficon_small_51
  • Decision on Prosecution motion for relief in respect of violations of Trial Chamber's decision of 9 May 2024 (14 September 2024)Pdficon_small_52

Prosecutor v. Charles Taylor

  • Decision on urgent Prosecution motion for immediate protective measures for witnesses and for non-public disclosure (15 September 2024)Pdficon_small_53


International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (July 2006)

The Office of the Prosecutor, Report on the activities performed during the first three years (June 2003 – June 2006), 12 September 2024Pdficon_small_54

The Office of the Prosecutor, Report on Prosecutorial Strategy, 14 September 2024Pdficon_small_55

Situations & Cases:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

Situation in Democratic Republic of Congo


International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Statement of the President on the occasion of the Tenth Anniversary Ceremony at the Vertretung der
Freien und Hansestadt Hamburg, Berlin (18 September 2024)Pdficon_small_63

Ceremony to celebrate the Tenth Anniversary of the Tribunal held in Berlin (19 September 2024)Pdficon_small_64

Mr Philippe Gautier re-elected Registrar of the Tribunal (19 September 2024)Pdficon_small_65

Wednesday, 20 September 2024

This Week in Public International Law Scholarship (No. 23)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments or suggestions, please contact [email protected].

Books:

Biersteker, T.J., International Law and International Relations

Richard Clayton & Hugh Tomlinson, The Law of Human Rights

H. c. Von Sponeck, A Different Kind of War: The UN Sanction Regime in Iraq


Articles:

Lesotho Law Journal (South Africa), Volume 16, Number 1, 2006

  • Taiwo, L.O., The Imperatives of Reforming the United Nations Security Council in the Post Cold War Era

Polish Yearbook of International Law (Poland), Volume 27, 2004-2005

  • JERZY ZAJADLO, Humanitarian Intervention: Threat to International Order, Moral Imperative, or Customary Norm in statu nascendi?
  • WLADYSLAW CZAPLINSKI, International Responsibility of International Organisations -- An Outline
  • ROMAN KWIECIEN, In Defence of the Idea of State Sovereignty in International Law
  • AGNIESZKA SZPAK, Granting Judicial Protection to the Guantanamo Detainees by the American Courts
  • MICHAL BALCERZAK, The Doctrine of Precedent in the International Court of Justice and the European Court of Human Rights

Vanderbilt Law Review Volume 59, Number 3, April 2006

  • Laurence R. Helfer, UNDERSTANDING CHANGE IN INTERNATIONAL ORGANIZATIONS: GLOBALIZATION AND INNOVATION IN THE ILO

Stetson Law Review, Volume 35, Number 3, Spring 2006

  • Geoffrey Corn, Taking the Bitter with the Sweet: A Law of War Based Analysis of the Military Commission
  • Stanislav L. Tkachenko, An International Perspective on Terrorism

Albany Law Review, Volume 69, Number 3, 2006

SYMPOSIUM: "OUTSOURCING AUTHORITY?" CITATION TO FOREIGN COURT PRECEDENT IN DOMESTIC JURISPRUDENCE

  • John S. Baker, Jr., Citing Foreign and International Law to Interpret the Constitution: What's the Point?
  • Susan L. Karamanian, Briefly Resuscitating the Great Writ: The International Court of Justice and the U.S. Death Penalty
  • John O. McGinnis, Contemporary Foreign and International Law in Constitutional Construction
  • Lawrence R. Walders, Citation by U.S. Courts to Decisions of International Tribunals in International Trade Cases

Austrian Review of International and European Law (Austria), Volume 9, 2004

  • Andras Jakab, Kelsen's Doctrine of International Law: Between Epistemology and Politics
  • Gerhard Hafner & Christina Binder, The Interpretation of Article 21 (3) ICC Statute Opinion Reviewed
  • Ulrike Kohler, Contracts of Employment under the UN Convention on Jurisdictional Immunities of States and Their Property
  • Alexander Breitegger, Leonore Lange, Stephan Wittich & Jakob Wurm, Austrian Judicial Decisions Involving Questions of International Law/ Osterreichische Judikatur zum internationalen Recht

Sunday, 17 September 2024

Security Council Compendium (No. 11)

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/1707 (12 September 2024) The situation in Afghanistan

Synopsis of Resolution 1707: Acting under Chapter VII of the UN Charter, Resolution 1707 extends the authorization of the International Security Assistance Force (ISAF) in Afghanistan for a period of twelve months beyond 13 October 2006. Additionally, Resolution 1707 "authorizes the Member States participating in ISAF to take all necessary measures to fulfil its mandate" and "recognizes the need to further strengthen ISAF, and in this regard calls upon Member States to contribute personnel, equipment and other resources to ISAF, and to make contributions to the Trust Fund established pursuant to resolution 1386 (2001)." As defined in Resolution 1510, the mandate of the ISAF includes "the maintenance of security in areas of Afghanistan outside of Kabul and its environs, so that the Afghan Authorities as well as the personnel of the United Nations and other international civilian personnel engaged, in particular, in reconstruction and humanitarian efforts, can operate in a secure environment, and to provide security assistance for the performance of other tasks in support of the Bonn Agreement." Currently, the ISAF is under NATO command.

Resolution 1707 Resources:

  • NATO ISAF

S/RES/1708 (14 September 2024) The situation in Côte d’Ivoire

Synopsis of Resolution 1708: A Chapter VII Resolution, Resolution 1708 extends the mandate of the Group of Experts created by the Secretary-General, further to paragraph 9 of resolution 1643 (2005), until 15 December 2006. Resolution 1708 also requests the Group of Experts to submit a "brief written update" to the Security Council via the 1572 Committee before 1 December 2006. The update is to include a report on "the implementation of the measures imposed by paragraphs 7, 9, and 11 of Resolution 1572 (2004) and paragraphs 4 and 6 of resolution 1643 (2005) with recommendations in this regard." The measures imposed by Resolutions 1572 and 1643 include an arms embargo, a travel ban on persons designated by the 1572 Committee, the freezing of assets of such designated persons, and preventing the importation of all rough diamonds from the Ivory Coast.

Resolution 1708 Resources:

  • Economic Community of Western African States (ECOWAS)
  • African Union

Security Council Meetings

S/PV.5520 (11 September 2024) Sudan [no action]

S/PV.5521 (12 September 2024) Afghanistan [S/RES/1707; Vote: 15-0-0]

S/PV.5522 (13 September 2024)    Kosovo (Serbia) [no action]

S/PV.5523 (14 September 2024) Iraq [no action]

S/PV.5524 (14 September 2024) Côte d'Ivoire [S/RES/1708; Vote: 15-0-0]

Statements By Security Council President (September 2006 - Greece)

None issued.

Statements to Press By Security Council President

SC/8825 (11 September 2024) AFGHANISTAN

Security Council President and Secretary-General Letters

S/2006/720 (8 September 2024) Letter dated 7 September 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 July 2024)

S/2006/733 (13 September 2024) Letter dated 8 September 2024 from the Secretary-General addressed to the President of the Security Council (United Nations Interim Force in Lebanon (UNIFIL))

S/2006/734 (13 September) 2006 Letter dated 13 September 2024 from the President of the Security Council addressed to the Secretary-General (United Nations Interim Force in Lebanon (UNIFIL))

Reports of the Secretary-General

S/2006/706 (1 September 2024) Report of the Secretary-General pursuant to paragraph 30 of resolution 1546 (2004)

S/2006/707 (1 September 2024) Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo

S/2006/728 (12 September 2024) Report of the Secretary-General on the Sudan

S/2006/730 (12 September 2024) Report of the Secretary-General on the implementation of Security Council resolution 1701 (2006)

Security Council Monthly Programme of Work (September 2006)Pdficon_small_40

2006 Archived Webcasts of Security Council Meetings


Archives

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