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Tuesday, 24 October 2023

International Courts & Tribunals at a Glance (No. 18)

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)

Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the Asian-African Legal Consultative Organization (20 October 2023)

Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, at the meeting of Legal Advisers of the Ministries of Foreign Affairs (23 October 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 (18 October 2023)

MIODRAG JOKIĆ TRANSFERRED TO DENMARK TO SERVE HIS PRISON SENTENCE (5 October 2023)

From the ICTY: "Miodrag Jokić, a former Yugoslav naval commander who pleaded guilty to crimes committed during the 1991 attack on Dubrovnik, was today transferred to Denmark to serve his seven year prison term. Jokić was convicted for crimes committed by soldiers under his command during the attack on 6 December 1991....Jokić, the Commander of the 9th Military Naval Sector (VPS) of the Yugoslav Navy, was sentenced for the unlawful attack on civilians within the Old Town of Dubrovnik, for the murder of two persons in the course of the attack, and for the cruel treatment, by wounding, of three others in the course of the same attack. He was convicted also for devastation not justified by military necessity and for unlawful attack on civilian objects. Finally, he was convicted for destruction or wilful damage done to institutions dedicated to religion, charity, and education, the arts and sciences, historic monuments and works of art and science. In a statement he read in court, Jokić stated he had a moral and personal obligation to accept responsibility and to ask forgiveness for the acts of his subordinates: "The fact that these lives were lost in the area for which I was responsible will remain etched in my consciousness for the rest of my life. I am ready to bow before all the victims of this conflict, regardless of the side they were on, with the dignity of a soldier". He went on to say: "Furthermore, although I had already done that in the course of the shelling itself over the radio, and afterwards I did it again in person, I feel the obligation to express my deepest sympathy to the families of those who were killed and wounded and the citizens of Dubrovnik for the pain and all the damage that was caused to them by the unit under my command"."

FOREIGN MINISTER OF MONTENEGRO VISITS TRIBUNAL, MEETS PROSECUTOR (9 October 2023)

The ICTY announced that "the Foreign Minister of the Republic of Montenegro, Miodrag Vlahović, visited the Tribunal today and met with the Prosecutor, Carla del Ponte. They discussed the status of cooperation between the Office of the Prosecutor and Montenegrin authorities and confirmed that at present it is fully satisfactory."

PRESIDENT POCAR ADDRESSES UN GENERAL ASSEMBLY (9 October 2023)

ADDRESS OF JUDGE FAUSTO POCAR, PRESIDENT OF THE ICTY, TO THE UNITED NATIONS GENERAL ASSEMBLY (9 October 2023)
ICTY Annual Report

APPEALS CHAMBER REVERSES DECISION TO ASSIGN SESELJ DEFENCE COUNSEL (20 October 2023)

From the ICTY: "The Tribunal's Appeals Chamber today reversed the Trial Chamber's Decision to assign counsel to represent Vojislav Šešelj. The Appeals Chamber explicitly warned Šešelj that, "should his self-representation subsequent to this Decision substantially obstruct the proper and expeditious proceedings in his case, the Trial Chamber will be justified in promptly assigning him counsel after allowing Šešelj the right to be heard with respect to his subsequent behaviour". The Trial Chamber decided on 21 August 2024 to assign Šešelj a defence counsel on the basis that "the conduct of the Accused as a whole - obstructionist and disruptive behavior; deliberate disrespect for the rules; intimidation of, and slanderous comments about, witnesses - leads Chamber to conclude that there is a strong indication that his self-representation may substantially and persistently obstruct the proper and expeditious conduct of a fair trial." In today's ruling, the Appeals Chamber granted in part the appeal filed by the assigned stand-by counsel in this case, Tjarda Eduard van der Spoel, "in light of the absence of a specific warning to Šešelj before assigning him counsel". The trial in the Prosecutor vs. Vojislav Šešelj case is scheduled to start on 2 November 2006."

Full-text of Appeals Chamber decision

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar
ICTR Newsletter (September 2006) Pdficon_small_84

Latest Decisions

Bagosora et al., Case No. : ICTR-98-41-T, "DECISION ON REQUEST FOR SUBPOENAS OF UNITED NATIONS OFFICIALS," 6 October 2023 (denying defense motions for the subpoena of UN officials, including Kofi Annan, Iqbal Riza, Shaharyar Khan, and Michael Hourigan)
Bagosora et al., Case No. : ICTR-98-41-T, "DECISION ON REQUEST FOR COOPERATION OF THE GOVERNMENT OF FRANCE," 6 October 2023 (denying defense motion " to issue a request to the Government of France, pursuant to Article 28 of the Statute, for the disclosure of a report concerning the attack on President Habyarimana’s airplane on the night of 6 April 1994")
Ndindiliyimana et al., Case No. ICTR-00-56-T, "DECISION ON THE PROSECUTOR’S MOTION FOR SUBPOENA," 6 October 2023 (granting the Prosecutor's motion for subpoena and orders the Registrar to prepare a subpoena "through appropriate channels in the Kingdom of Belgium, pursuant to Article 28 of the Statute, to Annonciata Kavaruganda," wife of late Joseph Kavaruganda, former President of the Constitutional Court in Rwanda at the beginning of the genocide in April 1994)

THIRD COLLOQUIUM OF PROSECUTORS OF INTERNATIONAL CRIMINAL TRIBUNALS – THE HAGUE (6-7 October 2006)

Papers presented:

ICTR’s Annual Report Presented to the General Assembly (10 October 2023)

From the ICTR: "On Monday 09 October 2006, Judge Erik Møse, President of the ICTR presented the eleventh annual report to the General Assembly. Since the last report, the Trial Chambers have delivered six new judgements and another case is nearing judgement. So far, judgements have been rendered or trials are on-going in respect to a total of fifty-six accused. The President informed the General Assembly that the five multi-accused trials, which are the Military I, Military II, Butare, Government and Karemera et al. cases, are the main challenge to the Tribunal in regards to their volume, complexity and time frame allocated to complete the trials. He requested the extension of the term of office for ad litem judges that would provide the Tribunal with stability and effective planning of trials. Judge Møse was pleased to inform the General Assembly that the ICTR was on schedule to complete cases by the end of 2008, as envisaged by the Completion Strategy."

JUDGE ERIK MØSE, PRESIDENT, ICTR, "ADDRESS TO THE UNITED NATIONS GENERAL ASSEMBLY: 11 th ANNUAL REPORT OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA"

The Special Court for Sierra Leone (SCSL)

Court Schedule
Court Summary, Week Ended 20 October 2023 Pdficon_small_85

Case Resources:

The Civil Defence Forces (CDF) Accused

Decision on Fofana request to admit evidence pursuant to Rule 92bis (9 October 2023)
Testimony Ends in CDF Accused Trial (18 October 2023)

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

Decision on urgent Prosecution motion for relief in respect of violations of the Trial Chamber's order of 26 April 2024 (5 October 2023)

Prosecutor v. Charles Taylor

Decision on Defence motion to set aside and/or reconsider Trial Chamber's "Decision on urgent Prosecution motion for immediate protective measures for witnesses and for non-public disclosure" dated 15 September 2024 (5 October 2023)

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (October 2006)

ICC President, Judge Philippe Kirsch, addresses United Nations General Assembly (9 October 2023)

Address to the United Nations General Assembly, 9 October 2023 Pdficon_small_90

Report of the International Criminal Court for 2005-2006 Pdficon_small_91

Assembly of States Parties, ICC, "Report on the Activities of the Court" (17 October 2023) Pdficon_small_92

Situations & Cases:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
Submission of information on the status of the execution of the warrants of arrest in the situation in Uganda (6 October 2023)
Order granting a new deadline to the Registrar for the submission of additional information and comments on the status of cooperation in the situation in Uganda (13 October 2023)

Situation in Democratic Republic of Congo

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Tuesday, 24 October 2023 | Permalink

Thursday, 19 October 2023

This Week in Public International Law Scholarship (No. 25)

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:

Armin Von Bogdandy, Rudiger Wolfrum & Christiane E. Philipp (eds.), Max Planck Yearbook of United Nations Law, 2006

Anthony Clark Arend & Robert J. Beck, International Law and the Use of Force (2d Rev.Ed.)

Geoff Gilbert, Responding to International Crime

Marcelo G. Kohen (ed.), Promoting Justice, Human Rights and Conflict Resolution through International Law

Ben Saul, Defining Terrorism in International Law

Spanish Yearbook of International Law, 2004

Jane Stromseth, David Wippman & Rosa Brooks, Can Might Make Rights?: Building the Rule of Law after Military Interventions

Christian L. Wiktor, Treaties Submitted to the United States Senate: Legislative History, 1989-2004

Alexander Zahar & Goran Sluiter, International Criminal Law: A Critical Restatement

Articles:

Texas International Law Journal, Volume 41, Number 3, Summer 2006

REPRESENTING CULTURE, TRANSLATING HUMAN RIGHTS SYMPOSIUM

Philippe Sands, LAWLESS WORLD: THE CULTURES OF INTERNATIONAL LAW
Florian F. Hoffmann, "Shooting into the Dark": Toward a Pragmatic Theory of Human Rights (Activism)
Derek Jinks, Translation of Global Human Rights Norms: The Empirical Dimension
Balakrishnan Rajagopal, Culture, Resistance, and the Problems of Translating Human Rights
Srinivas Aravamudan, Sovereignty: Between Embodiment and Detranscendentalization
Antony Anghie, Nationalism, Development and the Postcolonial State: The Legacies of the League of Nations
David Kennedy, Sovereignty: Responding to Anghie and Aravamudan
Ranjana Khanna, Asylum
Gregor Noll, Asylum Claims and the Translation of Culture into Politics
Charles Piot, Asylum and Culture: Comments on Khanna and Noll
Gaurav Desai, Isn't Multiculturalism Bad for Asylum?
Surakiart Sathirathai, PEACE AND SECURITY: THE CHALLENGE AND THE PROMISE

Natural Resources Journal, Volume 46, Number 1, Winter 2006

Owen McIntyre, The Role of Customary Rules and Principles of International Environmental Law in the Protection of Shared International Freshwater Resources

American Journal of International Law, Volume 100, Number 3, July 2006

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

W Michael Reisman and Andrea Armstrong, The Past and Future of the Claim of Preemptive Self-Defense
Theodor Meron, Reflections on the Prosecution of War Crimes by International Tribunals
Adam Roberts, Transformative Military Occupation: Applying the Laws of War and Human Rights

Current Developments

Stephen Mathias, The 2005 Judicial Activity of the International Court of Justice

International Criminal Law Review (Netherlands), Volume 6, Number 3, 2006

Badar, Mohamed Elewa, Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia
Abass, Ademola, The International Criminal Court and Universal Jurisdiction
Knowles, Phoebe, The Power to Prosecute: the Special Court for Sierra Leone from a Defence Perspective
Maged, Adel, Withdrawal of Referrals A Serious Challenge to the Function of the ICC

Indian Journal of International Law (India), Volume 46, Number 2, April-June 2006

Talat Fatima, Cyber Terrorism: The International Menace -- Concept and Responses
Chinmaya R. Gharekhan, Is the United Nations Relevant in the Contemporary World?

Journal of Conflict Studies (Canada), Volume 25, Number 2, Winter 2005

ANN FITZ-GERALD, Facing the Facts: Peacekeeping's Place Within a Broader Approach to Security
SARA L. ZEIGLER AND GREGORY G. GUNDERSON, Pernicious Patriarchy or Prosecutorial Progress?: Confronting Culture, War, and Rape in International Law

Leiden Journal of International Law (Netherlands), Volume 19, Number 3, October 2006

ANNE PETERS, Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures
ERIKA DE WET, The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order
RONALD JANSE, The Legitimacy of Humanitarian Interventions
MOHAMED M. EL ZEIDY, Some Remarks on the Question of the Admissibility of a Case during Arrest Warrant Proceedings before the International Criminal Court

Melbourne Journal of International Law (Australia), Volume 7, Number 1, May 2006

Tarik Kochi, Terror in the Name of Human Rights
'Dejo Olowu, The United Nations Human Rights Treaty System and the Challenge of Commitment and Compliance in the South Pacific
Philip Alston, Reconceiving the UN Human Rights Regime: Challenges confronting the New UN Human Rights Council

Journal of International Criminal Justice (United Kingdom), Volume 4, Number 3, July 2006

M. Cherif Bassiouni, The ICC -- Quo Vadis?
George P. Fletcher and Jens David Ohlin, The ICC -- Two Courts in One?
Antonio Cassese, Is the ICC Still Having Teething Problems?
George P. Fletcher, The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the US
Mohamed M. El Zeidy, Critical Thoughts on Article 59(2) of the ICC Statute
Ilias Bantekas, Corruption as an International Crime and Crime against Humanity: An Outline of Supplementary Criminal Justice Policies
Carla Del Ponte, Investigation and Prosecution of Large-scale Crimes at the International Level: The Experience of the ICTY
Claus Kreß, Universal Jurisdiction over International Crimes and the Institut de Droit international

Thursday, 19 October 2023 | Permalink

Sunday, 15 October 2023

Security Council Compendium (No. 13)

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/1709 (22 September 2023) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1709: In resolution 1709, the Security Council extends the mandate of the United Nations Mission in the Sudan (UNMIS) until 8 October 2023 "with the intention to renew it for further periods." Resolution 1663 extended the mandate of UNMIS until 24 September 2006.

Resolution 1709 resources:

Map of Sudan
United Nations Mission in Sudan (UNMIS)
African Union Mission in the Sudan (AMIS)

S/RES/1710 (29 September 2023) The situation between Eritrea and Ethiopia

Synopsis of Resolution 1710: The Security Council extends the mandate of the United Nations Mission in Ethiopia and Eritrea (UNMEE) for a period of four months, until 31 January 2007. The resolution also reiterates the previous demand that "Eritrea reverse, without further delay or preconditions, all restrictions on UNMEE’s movement and operations, and provide UNMEE with the access, assistance, support and protection required for the performance of its duties, in this regard expresses its deep concern at the recent expulsion of UNMEE personnel by Eritrea." Resolution 1710 also reiterates the Security Council's "call expressed in paragraph 2 of resolution 1640 (2005) that the parties show maximum restraint and refrain from any threat or use of force against each other" and "its demand expressed in paragraph 5 of resolution 1640 (2005) that Ethiopia accept fully and without delay the final and binding decision of the Eritrea-Ethiopia Boundary Commission [EEBC] and take immediately concrete steps to enable, without preconditions, the Commission to demarcate the border completely and promptly." Resolution 1710 also contains forward-looking statements including the intent to "transform or reconfigure" UNMEE in the event that the parties have not demonstrated progress towards demarcation by 31 January 2007.

Resolution 1710 resources:

United Nations Mission in Ethiopia and Eritrea (UNMEE)
Eritrea-Ethiopia Boundary Commission (Permanent Court of Arbitration)

S/RES/1711 (29 September 2023) The situation concerning the Democratic Republic of the Congo

Synopsis of Resolution 1711: After "noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region" and "acting under Chapter VII of the Charter of the United Nations," the Security Council extends the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) "as contained in resolutions 1565, 1592, 1596, 1621 and 1635 until 15 February 2007." Resolution 1711 also extends until 15 February 2024 the increase in the military and civilian police strength of MONUC authorized by resolutions 1621 and 1635. Lastly, the Security Council "decides to extend until 31 December 2023 the authorization contained in resolutions 1669 and 1692 for the Secretary-General to redeploy temporarily a maximum of one infantry battalion, a military hospital and 50 military observers from United Nations Operation in Burundi (ONUB) to MONUC."

Resolution 1711 resources:

United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)
United Nations Operation in Burundi (ONUB)

S/RES/1712 (29 September 2023) The situation in Liberia

Synopsis of Resolution 1712: After "reiterating the continuing need for [the United Nations Mission in Liberia's (UNMIL)] support for the security of the Special Court for Sierra Leone" and "determining that the situation in Liberia continues to constitute a threat to international peace and security in the region," the Security Council adopts Resolution 1712 acting under Chapter VII of the UN Charter. Resolution 1712 extends the mandate of UNMIL until 31 March 2024 and reaffirms the Security Council's "intention to authorize the Secretary-General to redeploy troops between UNMIL and the United Nations Operation in Côte d’Ivoire (UNOCI) on a temporary basis in accordance with the provisions of resolution 1609 (2005), as may be needed." Additionally, Resolution 1712 "endorses the Secretary-General’s recommendations for a phased, gradual consolidation, drawdown and withdrawal of UNMIL’s troop contingent, as the situation permits and without compromising the security of Liberia."

Resolution 1712 resources:

United Nations Mission in Liberia (UNMIL)
United Nations Operation in Côte d’Ivoire (UNOCI)

S/RES/1713 (29 September 2023) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1713: "Determining that the situation in Sudan continues to constitute a threat to international peace and security in the region" and "acting under Chapter VII of the Charter of the United Nations," the Security Council extends "until 29 September 2023 the mandate of the Panel of Experts originally appointed pursuant to resolution 1591 (2005) and previously extended by resolutions 1651 (2005) and 1665 (2006), and requests the Secretary- General to appoint a fifth member to enable the Panel to better carry out its mission, and to take the necessary administrative measures." Additionally, Resolution 1713 "requests the Panel of Experts to provide no later than 29 March 2024 a midterm briefing on its work and no later than 90 days after adoption of this resolution an interim report to the Committee established pursuant to paragraph 3 (a) of resolution 1591 (2005), and a final report no later than 30 days prior to termination of its mandate to the Council with its findings and recommendations."

S/RES/1714 (6 October 2023) Reports of the Secretary-General on the Sudan

Synopsis of Resolution 1714: After "determining that the situation in the Sudan continues to constitute a threat to international peace and security," the Security Council "decides to extend the mandate of [the United Nations Mission in Sudan (UNMIS)] until 30 April 2007, with the intention to renew it for further periods." Resolution 1714 also "requests the Secretary-General to report to the Council every three months on the implementation of the mandate of UNMIS." Additionally, the Security Council also "calls upon the parties to the Comprehensive Peace Agreement, the Darfur Peace Agreement and the N’djamena Humanitarian Cease-fire Agreement to respect their commitments and implement fully all aspects of the Agreements without delay, and calls upon those parties that have not signed the Darfur Peace Agreement to do so without delay and not to act in any way that would impede implementation of the Agreement."

Resolution 1713 & 1714 resources:

Map of Sudan
United Nations Mission in Sudan (UNMIS)
African Union Mission in the Sudan (AMIS)

S/RES/1715 (9 October 2023) Recommendation for the appointment of the Secretary-General of the United Nations

Complete text of Resolution 1715: "The Security Council, Having considered the question of the recommendation for the appointment of the Secretary-General of the United Nations. Recommends to the General Assembly that Mr. Ban Ki-moon be appointed Secretary-General of the United Nations for a term of office from 1 January 2024 to 31 December 2011."

Security Council Meetings

S/PV.5531 (closed) (22 Sept. 2006) Kosovo (Serbia) [Communiqué]

S/PV.5532 (22 Sept. 2006) Sudan [S/RES/1709; Vote: 15-0-0]

S/PV.5533 + Corr.1 (22 Sept. 2006) Democratic Republic of the Congo [S/PRST/2006/40]

S/PV.5534 (closed)(25 Sept. 2006) Meeting with countries contributing troops to the UN Mission in Liberia [Communiqué]

S/PV.5535 (closed) (25 Sept. 2006) Somalia [Communiqué]

S/PV.5536 (closed) (26 Sept.2006) Meeting with countries contributing troops to the UN Mission in Ethiopia and Eritrea [Communiqué]

S/PV.5537 (closed) (27 Sept. 2006) Meeting with countries contributing troops to the UN Organization Mission in the Democratic Republic of the Congo [Communiqué]

S/PV.5538 (28 Sept. 2006) Briefings by Chairmen of subsidiary bodies of the Security Council [no action]

S/PV.5539 (29 Sept. 2006) Middle East situation [no action]

S/PV.5540 (29 Sept 2023) Eritrea-Ethiopia [S/RES/1710; Vote: 15-0-0]

S/PV.5541 (29 Sept. 2006) Democratic Republic of the Congo [S/RES/1711; Vote: 15-0-0]

S/PV.5542 (29 Sept. 2006) Liberia [S/RES/1712; Vote: 15-0-0]

S/PV.5543 (29 Sept. 2006) Sudan [S/RES/1713; 15-0-0]

S/PV.5544 (closed) (6 Oct. 2006) Meeting with countries contributing troops to the UN Observer Mission in Georgia [Communiqué]

S/PV.5545 (6 Oct. 2006) Sudan [S/RES/1714; Vote: 15-0-0]

S/PV.5546 (6 Oct. 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/PRST/2006/41]

S/PV.5547 (closed) (9 Oct. 2006) Recommendation for the appointment of the Secretary-General of the United Nations [Communiqué + S/RES/1715; No vote]

S/PV.5548 (closed) (9 Oct. 2006) Afghanistan [Communiqué]

Statements By Security Council President (October 2006 - Japan)

S/PRST/2006/40 (22 September 2023) The situation concerning the Democratic Republic of the Congo

S/PRST/2006/41 (6 October 2023) Letter dated 4 July 2024 from the Permanent Representative of Japan to the United Nations addressed to the President of the Security Council

Statements to Press By Security Council President

SC/8850 (9 October 2023) AFGHANISTAN

Security Council President and Secretary-General Letters

S/2006/760 (25 September 2023) Letter dated 25 September 2023 from the Secretary-General addressed to the President of the Security Council (Fifth report of the International Independent Investigation Commission established pursuant to Security Council resolutions 1595 (2005), 1636 (2005) and 1644 (2005), prepared by Mr. Serge Brammertz, Commissioner)

S/2006/765 (26 September 2023) Letter dated 26 September 2023 from the Secretary-General addressed to the President of the Security Council (Afghanistan - Quarterly report on the operations of the International Security Assistance Force, 1 April to 31 July 2024)

S/2006/778 (29 September 2023) Letter dated 28 September 2023 from the Secretary-General addressed to the President of the Security Council (Cameroon-Nigeria Mixed Commission)

S/2006/779 (29 September 2023) Letter dated 28 September 2023 from the Secretary-General addressed to the President of the Security Council (Letter dated 22 September 2023 from the Secretary-General and the Chairperson of the African Union Commission addressed to the President of the Sudan - Darfur: United Nations support to the African Union Mission in the Sudan (AMIS))

S/2006/790 (5 October 2023) Letter dated 2 October 2023 from the Secretary-General addressed to the President of the Security Council (Representative in Guinea-Bissau and Head of the United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS))

S/2006/791 (5 October 2023) Letter dated 5 October 2023 from the President of the Security Council addressed to the Secretary-General (Representative in Guinea-Bissau and Head of the United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS)

S/2006/797 (9 October 2023) Letter dated 9 October 2023 from the Secretary-General addressed to the President of the Security Council (Letter dated 4 October 2023 from the Director General of the International Atomic Energy Agency addressed to the President of the Security Council)

Reports of the Secretary-General

S/2006/749 (19 September 2024) Report of the Secretary-General on Ethiopia and Eritrea

S/2006/759 (21 September 2023) Twenty-second report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo

S/2006/764 (26 September 2023) Monthly report of the Secretary-General on Darfur

S/2006/770 (27 September 2023) Report of the Secretary-General on women, peace and security

S/2006/771 (28 September 2023) Report of the Secretary-General on the situation in Abkhazia, Georgia

S/2006/783 (29 September 2023) Report of the Secretary-General on developments in Guinea-Bissau and on the activities of the United Nations Peace-building Support Office in that country

Security Council Monthly Programme of Work (as of 12 October 2023)

2006 Archived Webcasts of Security Council Meetings

Sunday, 15 October 2023 | Permalink

Thursday, 05 October 2023

International Courts & Tribunals at a Glance (No. 17)

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

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ICTR Newsletter (August 2006) Pdficon_small_68

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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