International Courts & Tribunals at a Glance (No. 21)

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)

Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)

Public hearings on the merits of the dispute to open on Tuesday 6 November 2023 (16 November 2023)--From the ICJ: "The public hearings in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) will open on Tuesday 6 November 2023 before the International Court of Justice (ICJ), principal judicial organ of the United Nations. The detailed schedule for the hearings, which will be concerned with the merits of the dispute, will be published at a later date."

• Case resources

Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France)

Fixing of time-limits for the filing of the initial pleadings (16 November 2023)--From the ICJ: "In its Order dated 15 November 2006, the Court fixed 15 March 2024 as the time-limit for the filing of a Memorial by Djibouti and 13 July 2024 as the time-limit for the filing of a Counter-Memorial by France. The Court adopted the Order taking into account the views of the Parties. The subsequent procedure has been reserved for further decision."

• 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) 

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (22 November 2023)

Vladimir Kovacevic Case Referred To Serbia (17 November 2023)

From the ICTY, "The Tribunal's Referral Bench today ordered that the case of Vladimir Kovacevic be referred to the authorities of the Republic of Serbia, who will in turn refer the case to the appropriate court for trial. This is the first case referred by the Tribunal to Serbia in accordance with Rule 11 bis of the Tribunal's Rules. The Referral Bench ordered the Prosecution to hand over to the Prosecutor of the Republic of Serbia the material supporting the Indictment against the Accused, and all other appropriate evidence within 30 days. In addition, the Prosecution has to file an initial report to the Referral Bench on the progress made by the Prosecutor of the Republic of Serbia in the prosecution of Kovacevic six weeks after the transfer of the evidentiary material and thereafter every three months. Prosecution is to continue its efforts to ensure the monitoring and reporting on the proceedings of this case before the competent national court in Serbia in accordance with the agreement it has with OSCE, which will conduct the monitoring. The judges further ordered that the existing protective measures for witnesses remain in force. Kovacevic was provisionally released to Serbia in June 2004. In April 2006 the Tribunal found him unfit to enter a plea or stand trial. The Referral Bench concluded today that mechanisms exist in Serbia for the ongoing monitoring of Kovacevic's health and resumption of proceedings against him should he become fit to stand trial."

• Full-Text of Decision
  

Detention unit video launched on ICTY website (22 November 2023)

From the ICTY: "The Tribunal is pleased to announce the launch today of a seven-minute video of the ICTY’s Detention Unit on its website. The video, with English commentary(other languages will be available in due course) shows scenes from the detention facility, including a detainee’s room, the detainees’ common area, the lawyers’ meeting room, medical facilities, weight room and gym, the library, spiritual room and the educational and occupational therapy facilities."

• ICTY Detention Unit
• Video of ICTY Detention Unit (wmv file; 14mb)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (October 2006)

Rukundo Trial Starts (15 November 2023)

From the ICTR: "The trial of Emmanuel Rukundo, former Military Chaplain in the Rwandan Armed Forces (FAR) in Ruhengeri Prefecture, began today in accordance with Article 15bis of the Statute in the absence of Judge Taghrid Hikmet before Trial Chamber II. The Chamber is composed of Judges Asoka de Silva, presiding, Taghrid Hikmet and Seon Ki Park. Rukundo was also the Military Chaplain in Kigali. He is charged with three counts of: genocide, crimes against humanity for murder, and crimes against humanity for extermination. He pleaded not guilty to all charges during his initial appearance of 26 September 2001. In the presence of the Prosecutor, Hassan Bubacar Jallow, Senior Trial Attorney William Egbe said in his opening statement that the Prosecution would establish Rukundo’s role in the 1994 events as openly extremist. He accused Rukundo of manifesting hatred for Tutsi in words and in actions. The Prosecution spoke of incidents at St. Joseph’s college in Kabgayi where the Tutsis would hide when they heard “the Priest was around”. This would be synonymous with the abduction and killing of the Tutsi. The Prosecutor accused Rukundo of being fully conscious of his power and authority and abusing it by promoting hatred, death and mass victimisation. The Prosecution spoke of Rukundo always being surrounded by armed soldiers and that he was always seen dressed in the military uniform. The Prosecution intends to call twenty-one factual witnesses and one investigator. The Prosecutor called its first witness today. Responding to the Prosecutor, the lead counsel for the Defence, Aïcha Conde challenged the allegations made in the opening statement and denied that Rukundo was an extremist. The Defence clarified that it was usual for all military chaplains to be armed and to wear the military uniform."

Latest Decisions:

• Bagosora et al., Case No.: ICTR-98-41-T, DECISION ON BAGOSORA MOTION TO PRESENT ADDITIONAL WITNESSES AND VARY ITS WITNESS LIST (17 November 2023)
• Bizimungu et al., Case No. ICTR-99-50-T, DECISION ON PROSECUTION MOTION FOR FULL COMPLIANCE WITH RULE 73 ter AND VARIATION OF CHAMBER’S DECISION OF 27 JUNE 2024 Rules 69, 73(A), 73ter(B), and 75(I) of the Rules of Procedure and Evidence (20 November 2023)
•  Nahimana et al., Affaire n° ICTR-99-52-A, DÉCISION SUR LA REQUÊTE DE FERDINAND NAHIMANA AUX FINS DE TRADUCTION D’ENREGISTREMENTS D’ÉMISSIONS RTLM CONTENUS DANS LA PIÈCE À CONVICTION C7 (20 November 2023)
•  Bagosora et al., Case No.: ICTR-98-41-T, DECISION ON NTABAKUZE MOTION FOR DISCLOSURE OF SPECIFIC EXCULPATORY EVIDENCE (20 November 2023)

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 3 November 2023

Case Developments & Resources:

The Civil Defence Forces (CDF) Accused

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

Prosecutor v. Charles Taylor

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

• Decision on Prosecutor's Application dated 2 November 2023 (17 November 2023)

Situation in Democratic Republic of Congo

1. The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase):

• Confirmation of charges Hearing (20-24 November 2006)
• Reasons for the Appeals Chamber's Decision of 16 November 2023 on the "Prosecution's Request for an Extension of the Page Limit" (17 November 2023)
• Decision on Defense Requests for Disclosure of Materials (17 November 2023)
• Observations de la République Démocratique du Congo (21 November 2023)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status