Jus cogens: Recent Developments in International Law: October 1, 2023

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)

The President of the International Court of Justice speaks at the formal ceremony marking the Tenth Anniversary of the International Tribunal for the Law of the Sea (29 September 2023)

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 (4 October 2023)

Pasko Ljubicic Transferred to Bosnia and Herzegovina (22 September 2023)

From the ICTY: "Paško Ljubičić was transferred today from the custody of the Tribunal to Sarajevo to be tried before the war crimes section of the Court of Bosnia and Herzegovina. Ljubičić is charged with crimes committed against Bosnian Muslim civilians in the Lašva Valley in central Bosnia and Herzegovina between January and July 1993. It is alleged that as commander of the 4th Military Police Battalion of the Croatian Defence Council, the accused, together with troops under his control, conducted a number of attacks on the town of Vitez and neighbouring villages in the spring of 1993 and that during these attacks, they killed more than 100 Bosnian Muslim civilians, detained and abused many more and destroyed Muslim property, including two mosques in the village of Ahmići. The Tribunal's Judges ruled on 12 April 2024 that the case against Ljubičić was not one that necessarily had to be tried before the Tribunal, and it could be referred to the authorities in Bosnia and Herzegovina, who were adequately prepared to accept the case. Following an appeal from the accused, the ICTY Appeals Chamber affirmed the referral decision on 4 July 2006."

Trial Chamber in Milan Martic Case to Visit Locations of Alleged Crimes in Croatia and Bosnia and Herzegovina (25 September 2023)

From the ICTY: "The Trial Chamber sitting in the case of Milan Martić, a former Croatian Serb leader in the 1991-1995 conflict in Croatia, today began a site visit to several locations in Croatia and north-western Bosnia and Herzegovina. The Trial Chamber ruled that "it is in the interest of justice to conduct a site visit to locations of crimes alleged in the Indictment". The locations to be visited during the 25 to 30 September 2023 tour were selected after both parties in the case were heard. The visiting delegation consists of judges from Trial Chamber I, as well as support staff from the Tribunal along with representatives of both the Prosecution and Defence. The Prosecution charges Martić with a series of crimes committed during the war in Croatia. He is charged with the extermination and murder of hundreds of Croat, Muslim and other non-Serb civilians in both Croatia and Bosnia and Herzegovina. In addition, he is charged with the prolonged and routine imprisonment and confinement of hundreds of Croat, Muslim and other non-Serb civilians in detention facilities and unlawful attacks on Zagreb, as well as Croat and Muslim villages."

Vecernji List's Inaccurate Report on ICTY UN Detention Unit (26 September 2023)

The ICTY's Media Office "expresses its concern over the inaccurate and misleading article headlined “Večernji in Ante Gotovina’s Cell” carried in the 23 September 2023 issue of the Croatian daily “Večernji list”. Both the headline and the caption, "Večernji's journalist visited the prison in The Hague" are entirely untrue. No Večernji list journalist has visited the Tribunal’s Detention Unit. In order to protect the privacy of the detainees, journalists are not permitted to visit the unit and no exception has been made with regard to Večernji list. Photographs accompanying the article are said by the newspaper to show the cell of Ante Gotovina. This claim is entirely bogus. The newspaper boldly asserts “Exclusive” at the head of the article. This implies that the photographs in question were exclusively obtained by Večernji list. Again, this is a fiction. The photographs carried by the newspaper are, in fact, images made available by the Tribunal to all media agencies and are carried on the Tribunal’s website at http://www.un.org/icty/glance-e/index-du.htm."

Colloquium of International Prosecutors in The Hague on 6 and 7 October 2023 (26 September 2023)

From the ICTY: "Chief Prosecutors of international criminal tribunals and courts will meet for a colloquium in The Hague in the Netherlands on 6 and 7 October 2006. The two-day colloquium is hosted by the Chief Prosecutors of the International Criminal Court and the International Criminal Tribunal for the former Yugoslavia, Luis Moreno-Ocampo and Carla Del Ponte. In addition, Chief Prosecutor Hassan Jallow of the International Criminal Tribunal for Rwanda, acting Chief Prosecutor Christopher Staker of the Special Court for Sierra Leone and the recently appointed Co-Prosecutors Robert Petit and Chea Lang of the Extraordinary Chambers in the Courts of Cambodia will attend the colloquium. The permanent International Criminal Court, the two ad-hoc tribunals and the two mixed courts are part of an emerging international criminal justice system. All are currently investigating and prosecuting major high-level criminal cases. The Colloquium will provide a setting for meaningful exchanges between the senior international prosecutors and offer a unique opportunity to generate discussion on topics crucial to the development of international criminal law."

Momčilo Krajišnik Convicted of Crimes Against Humanity, Acquitted of Genocide and Complicity in Genocide (27 September 2023)

Tribunal judges today sentenced Momčilo Krajišnik, a former member of the Bosnian Serb leadership, to 27 years, convicting him of persecutions, extermination, murder, deportation and forced transfer of non-Serb civilians during the conflict in Bosnia and Herzegovina. The Trial Chamber acquitted him of genocide, complicity in genocide and one count of murder as a violation of the laws or customs of war. The Trial Chamber established the existence of a joint criminal enterprise, involving Radovan Karadžić and other Bosnian Serb leaders, intended to, "ethnically recompose the territories targeted by the Bosnian-Serb leadership by drastically reducing the proportion of Bosnian Muslims and Bosnian Croats through expulsion". The Chamber found that "Mr Krajišnik gave the go-ahead for the expulsion programme to commence during a session of the Bosnian-Serb Assembly when he called for "implementing what we have agreed upon, the ethnic division on the ground""....In the summary of its judgement, the Trial Chamber notes that although the crimes that took place "constituted the actus reus of genocide", the evidence "does not show that.the crime of genocide formed part of the common objective of the joint criminal enterprise in which Mr Krajišnik is shown on the evidence to have participated, nor that Mr Krajišnik had the specific intent necessary for genocide."

Summary of Judgement
Judgement (Full-Text, 2mb)

Appeals Chamber Affirms Judgement against Ivica Marijačić and Markica Rebić in Contempt of Court Case (27 September 2023)

From the ICTY: "The Appeals Chamber of the ICTY today dismissed appeals by Ivica Marijačić and Markica Rebić against the Trial Chamber judgement which found them guilty of contempt of court. In its judgement from 10 March 2006, the Trial Chamber stated that both Marijačić and Rebić deliberately disclosed information regarding the testimony of Johannes van Kuijk, a Dutch army officer who testified as a protected witness in the case against former Croatian Army general Tihomir Blaškić. During the relevant period, Marijačić was a journalist and editor-in-chief of the Zagreb-based weekly publication Hrvatski List. Rebić is the former head of the Security Information Service ("SIS") of the Republic of Croatia. Although no harm was done to the protected witness as a result of the disclosure of his identity and content of his testimony, the Trial Chamber found that the deliberate and calculated manner in which Marijačić and Rebić disregarded the closed session order is a serious matter which tends to diminish the authority of the Trial Chamber in the Blaškić trial. The Judges added that "public confidence in the effectiveness of the Tribunal's protective measures is vital to the success of its work".

Trial Chamber in "Popovic And Others" Case to Conduct Site Visit to Bosnia and Herzegovina (2 October 2023)

From the ICTY: " The Trial Chamber sitting in the case of the Prosecutor vs. Popović et al., in which seven senior Bosnian Serb military and police officers face charges for crimes committed during July 1995 in Srebrenica and Žepa, will tomorrow begin a site visit of locations relevant to proceedings. The Trial Chamber will be inspecting several locations related to the case during a visit which will end on 6 October 2006. The visiting delegation consists of judges from Trial Chamber II, as well as representatives of both the Prosecution and Defence. Charges against Vujadin Popović, Ljubiša Beara, Drago Nikolić, Ljubomir Borovčanin and Vinko Pandurević, include genocide, conspiracy to commit genocide, extermination, murder, persecutions, forcible transfer and deportation. Radivoje Miletić and Milan Gvero are indicted for murder, persecutions, forcible transfer and deportation. The trial began 14 July 2006."

Mitar Rašević and Savo Todović Transferred to Bosnia And Herzegovina (3 October 2023)

From the ICTY: "Mitar Rašević and Savo Todović were transferred today from the custody of the Tribunal to Sarajevo to be tried before the war crimes section of the Court of Bosnia and Herzegovina. Rašević and Todović are charged with persecutions, murder, torture, imprisonment, and enslavement committed against Bosnian Muslims and other non-Serbs imprisoned in the "KP Dom" detention facility in the south eastern Bosnian town of Foča between April 1992 and October 1994. According to the indictment, Rašević was the commander of the "KP Dom" guards and Todović was part of facility's senior management, being Deputy Commander there from April 1992 to August 1993. The Tribunal's Referral Bench ruled on 8 July 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 for Todović appealed the decision. The Appeals Chamber remitted the case to the Referral Bench on 23 February 2006. On 31 May 2006, the Referral Bench Decision re-ordered referral to BiH, and Todović's Defence appealed again. On 4 September 2024 the Appeals Chamber dismissed all of Todović's grounds of appeal and granted today's transfer."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006) Pdficon_small_68

Latest Decisions

Nchamihigo Trial Starts (25 September 2023)

From the ICTR, "The trial of Siméon Nchamihigo, former Deputy Prosecutor in Cyangugu Prefecture, began today before Trial Chamber III composed of Judge Charles Michael Dennis Byron (presiding), Judge Gberdao Gustave Kam and Judge Robert Fremr. Nchamihigo who was also the Secretary for the Coalition pour la Défense de la République (CDR) in Cyangugu Prefecture in 1994 , is charged with four counts, genocide, extermination, murder and other inhumane acts as crimes against humanity. He has pleaded not guilty to all charges on 29 June 2024 during his initial appearance. In the prosecution’s opening statement to the Chamber, Senior Trial Attorney Alphonse Van said that despite his position as a Rwandan prosecutor and judge, Nchamihigo allegedly recruited, armed and ordered the Interahamwe militia to massacre Tutsi civilians and moderates from the Hutu opposition who he considered traitors and accomplices of the Rwandan Patriotic Front. The Prosecutor argued that Nchamihigo allegedly wore a military uniform and carried a weapon as he participated in a campaign with military and militia leaders in Cyangugu to exterminate the Tutsi. The prosecution said it will show that Nchamihigo collaborated in a joint criminal enterprise with Samuel Imanishimwe, a military commander already convicted by the Tribunal and with Yussufu Munyakazi, an alleged Interahamwe leader, who is awaiting trial. The Prosecutor alleges that on numerous occasions in 1994, Nchamihigo distributed weapons and ordered the killing of Tutsi civilians, including a priest who was killed in his presence in May 1994 at a roadblock. Nchamihigo also allegedly rewarded members of the Interahamwe with food and beer for participating in the massacres."

“Friends of ICTR” Visit Arusha (25 September 2023)

From the ICTR: "“Friends of the ICTR”, a group of eight diplomats from Dar-es-Salaam, today held discussions at the United Nations International Criminal Tribunal for Rwanda aimed at providing support to the Tribunal. They were in Arusha for a briefing on the status of the Tribunal’s work and how the members might assist in completing that work by 2008. Tribunal officials, including President Judge Erik Møse, the Prosecutor Mr. Hassan Bubacar Jallow and the Registrar Mr. Adama Dieng briefed the Friends about the ICTR completion strategy, relations between Rwanda and the Tribunal, ongoing investigations, tracking of indicted fugitives, referral of cases to national jurisdictions, the recruitment and retention of Tribunal staff and other issues related to the work of the Tribunal. The Friends promised to use their influence to assist the Tribunal and to garner more support for the specific needs identified during the meeting. The group of Ambassadors included: H.E. Jorunn Maehlum, Ambassador of Norway; H.E. Dr Andrew McAlister, High Commissioner of Canada; H.E. Peter Maddens, Ambassador of Belgium; H.E. Emmanuelle D’Achon, Ambassador of France; H.E. Philip Parham, High Commissioner of the United Kingdom; H.E. Michael Retzer, Ambassador of the United States of America; H.E. Wolfgang Ringe, Ambassador of Germany and H.E. Karel van-Kersteren, Ambassador of The Netherlands."

ICTR Prosecutor and Representatives of Diplomatic Missions Meet Kenyan Officials (28 September 2023)

From the ICTR: "The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) Hassan Bubacar Jallow, and representatives of 25 diplomatic missions in Kenya on 27 September 2023 met in Nairobi with Honourable Martha Karua, Minister of Justice, and Honourable Moses Wetangula, Assistant Minister of Foreign Affairs. Discussions focussed on the urgency in apprehending Felicien Kabuga. Mr. Kabuga is sought in connection with serious accusations related to the 1994 genocide in Rwanda in which more than 800, 000 people were killed. The ICTR has been tracking Mr. Kabuga for several years and believes he is a regular visitor to Kenya. Mr Kabuga has been under indictment by the ICTR since 1997. Mr. Jallow and representatives of diplomatic missions appreciated Kenya’s commitment to pursue all available leads in this case, including, through the investigation of suspected associates of Mr. Kabuga - investigation and, where appropriate, seizure of assets and provision of any records relating to the accused’s movements into and out of Kenya. We are hopeful that these efforts will soon bear fruit with the apprehension and prosecution of Mr. Kabuga before the ICTR."

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 29 September 2023 Pdficon_small_69