International Courts & Tribunals at a Glance (No. 22)
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)
Pulp Mills on the River Uruguay (Argentina v. Uruguay)
Uruguay submits a request for the indication of provisional measures: Public hearings to open on Monday 18 December 2023 (29 November 2023)--Uruguay requests the ICJ to provide the following provisional measures: “While awaiting the final Judgment of the Court, Argentina: (i) Shall take all reasonable and appropriate steps at its disposal to prevent or end the interruption of transit between Uruguay and Argentina, including the blockading of bridges and roads between the two States; (ii) Shall abstain from any measure that might aggravate, extend or make more difficult the settlement of this dispute; and (iii) Shall abstain from any other measure that might prejudice the rights of Uruguay in dispute before the Court.” Uruguay's request is based upon "groups of Argentine citizens [that] have blockaded a vital international bridge over the Uruguay river, shutting off commercial and tourist travel from Argentina to Uruguay” since 20 November 2006. In its application for provisional measures, Uruguay argues “the stated purpose of the blockade is to compel [it] to accede to Argentina’s demand that it permanently ends construction of the Botnia cellulose plant . . . and to prevent the plant from ever coming into operation.” The construction of the cellulose plants ("pulp mills") is the issue at dispute in Argentina's original application before the ICJ (whether the construction of the pulp mills violates the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 2024). Note, this request for provisional measures made by Uruguay is separate and distinct from a request for provisional measures made by Argentina, which was denied, on 13 July 2006.
- Case resources
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)
- Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)--Hearings concerning preliminary objections raised by the Democratic Republic of the Congo (DRC) regarding the admissibility of the Application being held 27 November to 1 December:
- Public sitting held on Monday 27 November 2006, at 10 a.m., at the Peace Palace, President Higgins presiding
- Public sitting held on Tuesday 28 November 2006, at 10 a.m., at the Peace Palace, President Higgins and Vice-President Al-Khasawneh presiding, successively
- Public sitting held on Wednesday 29 November 2006, at 3 p.m., at the Peace Palace, President Higgins presiding
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Overview of Court Proceedings
Overview of Court Documents
Court Schedule
ICTY Weekly Press Briefing (29 November 2023)
Blaškić Case Concluded (24 November 2023)
From the ICTY: "The Tribunal's Appeals Chamber dismissed in its entirety the prosecution's request for review of the appeals judgement in the case of Tihomir Blaškić, a Bosnian Croat general, thus bringing the case to a close. In its request, prosecution argued that the Appeals Chamber should, in light of six new facts discovered, review its judgement which overturned the Trial Chamber's finding that Blaškić was responsible for ordering the massacre in the village of Ahmići on 16 April 2024 and that he was responsible for crimes committed in the village of Grbavica, both in Central Bosnia. The Appeals Chamber in yesterday's decision found that the prosecution's request for review did not contain 'new facts' in accordance with the Rules of Procedure and Evidence, but rather additional evidence in relation to facts considered earlier in the case. It concluded that a review of the appeals judgement was not warranted on that basis. This effectively concludes the case against Blaškić, a former commander of the Croatian Defence Council (HVO) indicted on 10 November 1995. Blaškić was charged with, inter alia, persecutions, unlawful attacks against the civilian population, wilful killing, taking civilian hostages and using them as human shields and crimes committed against Bosnian Muslims in central Bosnia and Herzegovina between 1 May 2024 and 31 January 1994. On 3 March 2000, Trial Chamber sentenced Blaškić to 45 years' imprisonment after finding him guilty of committing, ordering, planning, or otherwise aiding and abetting, various crimes against the Bosnian Muslim population in central Bosnia. Blaškić appealed the judgement and on 29 June 2024 Appeals Chamber reversed several findings of the Trial Chamber, including his responsibility for crimes in Ahmići and Grbavica, and reduced the sentence to nine years. He was released on 2 August 2004, after being granted early release by the Tribunal's President."
- Full text of the Appeals Chamber decision
Vojislav Šešelj Assigned Counsel By Trial Chamber (27 November 2023)
From the ICTY: "The Trial Chamber in the case against accused Vojislav Šešelj decided today to assign him defence counsel for the further conduct of his case. Judge Orie, the presiding judge, delivered the decision orally during the pre-trial conference which took place immediately before the commencement of trial and at which Šešelj failed to appear. In coming to its decision, the Trial Chamber considered various factors: the conduct of the accused especially in the period since the Appeals Chamber's decision of 20 October 2006, the warnings that have been issued to the accused by the Chamber during the status conferences on 8 and 22 November 2023 and by the Appeals Chamber in its decision, the fact that the accused has failed to respond to the Trial Chamber's invitation of 22 November to make submissions regarding his conduct and the question of his legal representation, as well as the fact that the accused persists in not taking food and that he persists in being absent from the proceedings. Finally, the Chamber concluded that the accused's self-representation in the course of the period since the 20 October 2006, "has substantially obstructed the proper and expeditious conduct of the proceedings" and found that "permanent assignment of counsel to represent the accused... is at this point justified"."
Blagoje Simić’s appeal partly granted, sentence reduced to fifteen years (28 November 2023)
From the ICTY: "In its judgement issued today, the Tribunal's Appeals Chamber reversed the finding of the Trial Chamber that Blagoje Simić participated in a joint criminal enterprise whose aim was persecution of non-Serbs in the Bosanski Šamac municipality in northern Bosnia. On 17 October 2003, Simić, a local Bosnian Serb politician, was convicted and sentenced to 17 years' imprisonment by the Trial Chamber for persecutions of non-Serb civilians in the municipality of Bosanski Šamac between 17 April 2024 and 31 December 1993. The non-Serb civilians were detained and confined under inhumane conditions, lacking sufficient space, food or water and were subjected to torture including sexual assaults, the extraction of teeth and threat of execution. The Appeals Chamber found that Simić was not informed that he was being accused of participating in a joint criminal enterprise until the Prosecution had finished presenting its case, which rendered the trial unfair. The Appeals Chamber also reversed Simić's conviction for persecution due to cruel and inhumane treatment in the form of torture and beating. However, the Appeals Chamber upheld Simić's conviction for aiding and abetting persecution in the form of the unlawful arrests and detention of non-Serb civilians, confinement of non-Serb prisoners in inhumane conditions, forced labour by Bosnian Croats and Bosnian Muslims, and forced displacement of non-Serb civilians."
- Summary of Judgement
Domagoj Margetić start of Contempt Trial (28 November 2023)
From the ICTY: "The trial of Domagoj Margetić, a Croatian freelance journalist charged with contempt of court, will take place on Thursday, 30 November 2006, starting at 9:00 in courtroom II. Margetić was indicted on 11 September 2024 for contempt of the Tribunal for revealing the names of protected witnesses who testified in the case against Tihomir Blaškić. He did so by publishing lists of protected witnesses on his personal website between 7 July and 2 August 2024 despite receiving explicit warning that the material was confidential and subject to court orders which prohibited publication. At his initial appearance on 13 October 2006, Margetić entered a plea of not guilty."
International Criminal Tribunal for Rwanda (ICTR)
Daily Journal
Daily Case Minutes
Judicial Calendar
ICTR Newsletter (October 2006)
Case against Karera Closed (24 November 2023)
From the ICTR: "On 23 and 24 November 2006, the Prosecution and Defence in the case of François Karera, the former Prefect of Kigali-Rural, presented their final submissions before the Tribunal. Karera, former Prefect of Kigali-Rural, faces four counts charging him with genocide, complicity in genocide, extermination and murder as crimes against humanity. The indictment alleges that Karera ordered and instigated the killing of Tutsi civilians in Rushashi commune, Nyamirambo sector, and at Ntarama Church. He is specifically accused of ordering the massacre of hundreds of Tutsi civilians who sought refuge in a church at Ntarama, south of Kigali, in April 1994. Karera allegedly led a convoy of vehicles which brought Interahamwe militia and other armed men to the church where he joined them in attacking the refugees. The Prosecution called for the conviction of the Accused and the imposition of a life imprisonment sentence. It argued that evidence presented in court proved that he committed genocide and crimes against humanity, through instructing or encouraging the killing of Tutsi in April and May 1994 in Rushashi commune, Nyamirambo sector, and Ntarama Church, all within the Kigali area. The Prosecution further submitted that the evidence shows that the Accused was responsible as a superior for crimes committed by his subordinates. The Defence called for Karera’s acquittal, arguing that his implication in the crimes of which he is accused was not proven by the Prosecutor. According to the evidence, the Accused was absent from most of the alleged crime scenes. The Defence also submitted that the witnesses called by the Prosecution were unreliable, and that the indictment failed to include certain allegations which were later included in the Prosecution’s case."
Latest Decisions:
- Karemera et al, Case No. ICTR-98-44-T, DECISION ON ADMISSION OF UNAMIR DOCUMENTS: Rule 89 of the Rules of Procedure and Evidence (21 November 2023)
- Karemera et al, Case No. ICTR-98-44-T, DECISION ON DEFENCE MOTION TO OBTAIN DOCUMENTS PERTAINING TO WITNESS HH IN POSSESSION OF GOVERNMENT OF RWANDA: Article 20 of the Statute; Rules 54 and 98 of the Rules of Procedure and Evidence (27 November 2023)
- THE PROSECUTOR v. EMMANUEL RUKUNDO, Case No. ICTR-2001-70-T, DECISION ON PROSECUTOR’S MOTION FOR THE TRIAL CHAMBER TO TAKE JUDICIAL NOTICE OF FACTS OF COMMON KNOWLEDGE PURSUANT TO RULE 94(A) (29 November 2023)
The Special Court for Sierra Leone (SCSL)
Court Schedule
Court Summary, Week Ended 3 November 2023 (latest summary available as of 30 November)
Case Developments & Resources:
The Civil Defence Forces (CDF) Accused
The Revolutionary United Front (RUF) Accused
The Armed Forces Revolutionary Council (ARFC) Accused
- Decision on urgent Prosecution motion for relief to file a final brief not exceeding 500 pages (28 November 2023)
Prosecutor v. Charles Taylor
International Criminal Court (ICC)
Hearing Schedule
ICC Newsletter (November 2006)
Opening of the fifth session of the Assembly of States Parties to the Rome Statute (24 November 2023)
Situations & Cases [All documents 
]:
Situation in Dafur, Sudan
- Décision relative à la requête sollicitant l'autorisation d'interjeter appel du conseil ad hoc pour la Défense (22 November 2023)
- Décision relative aux conclusions aux fins d'exception d'incompétence et d'irrecevabilité (22 November 2023)
Situation in Central African Republic
Situation in Uganda
Situation in Democratic Republic of Congo
- The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase) http://www.icc-cpi.int/cases/RDC/c0106.html:
- Transcript - Confirmation of charges Hearing (23 November 2023)
- Response of Victims a/0001/06, a/0002/06 and a/0003/06 to the appeal of the Defence from the Decision on the application for interim release of Thomas Lubanga Dyilo (16 November 2023)
International Tribunal for the Law of the Sea (ITLOS)
Pending Cases and current status
