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)
Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
Preliminary Objections Conclusion of the public hearings on the merits; Court ready to begin its deliberation (1 December 2023)--From the ICJ, "The public hearings on the preliminary objections raised by the Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) were concluded today. The Court will now start its deliberation. On 3 October 2002, within the time-limit fixed for the filing of its Counter-Memorial, the Democratic Republic of the Congo raised certain preliminary objections to the admissibility of the Application. Consequently, proceedings on the merits were suspended. At the hearings, which opened on Monday 27 November 2023 at the Peace Palace, seat of the Court, the delegation of the DRC was led by H.E. Mr. Pierre Ilunga M’Bundu wa Biloba, Minister of Justice and Keeper of the Seals, and H.E. Mr. Jacques Masangu-a-Mwanza, Ambassador of the Democratic Republic of the Congo to the Netherlands, as Agent. The delegation of Guinea was led by Mr. Mohamed Camara, Chargé d’affaires a.i. at the Embassy of the Republic of Guinea in Brussels, as Agent. The Court’s judgment on the preliminary objections will be delivered at a public sitting, the date of which will be announced in due course."
- 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 were 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
- Public sitting held on Friday 1 December 2006, at 10 a.m., at the Peace Palace, President Higgins presiding
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Overview of Court Documents
Court Schedule
ICTY Weekly Press Briefing (6 December 2023)
Stanislav Galić Sentenced To Life Imprisonment By Appeals Chamber For Crimes Committed During The Siege Of Sarajevo (30 November 2023)
From the ICTY: "The Tribunal's Appeals Chamber today sentenced Stanislav Galić, a former Bosnian Serb Army commander, to life imprisonment for his role in the campaign of sniping and shelling against civilians in Sarajevo from September 1992 to August 1994. This is the first time the maximum penalty has been rendered by the Tribunal's Appeals Chamber. The Appeals Chamber dismissed all 19 grounds of appeal by Galić, including those which claimed that Trial Chamber wrongly convicted him of the "acts or threats of violence the primary purpose of which was to spread terror among the civilian population" of Sarajevo. The Appeals Chamber allowed the appeal by the Prosecution on the length of sentence, quashing the Trial Chamber sentence of 20 years. The Appeals Chamber noted that the Trial Chamber relied on a plethora of evidence to demonstrate that terrorisation of the civilian population was the primary purpose of the campaign of sniping and shelling and that Galić, who held the position of commander of the Bosnian Serb Army Sarajevo-Romanija Corps (SRK), had the intent to spread terror among the civilian population. In the findings upheld by the Appeals Chamber, the Trial Chamber established that the evidence demonstrated beyond reasonable doubt that Sarajevo civilians were indeed made the object of deliberate attack by SRK forces. They were attacked while attending funerals, while in ambulances, trams, and buses, and while cycling. They were attacked while tending gardens, or shopping in markets, or clearing rubbish in the city. Children were targeted while playing or walking in the streets. These attacks were mostly carried out in daylight. They were not in response to any military threat. The attackers could for the most part easily tell that their victims were engaged in everyday civilian activities."
- PROSECUTOR V. STANISLAV GALIĆ, SUMMARY OF APPEALS JUDGEMENT
Tribunal's grave concern about Šešelj's actions which are seriously damaging his health (30 November 2023)
From the ICTY: "The Tribunal expresses its grave concern about the actions of the accused Vojislav Šešelj, who by refusing to accept food, medicine, and medical care while in the custody of the Tribunal's Detention Unit is seriously jeopardizing his health. In view of the Tribunal's obligation and commitment to safeguard the physical well-being of persons placed into its custody, Šešelj was yesterday moved from the Detention Unit to the adjoining Dutch prison hospital where additional medical facilities and staff are available. This was done to allow for his health to be monitored more closely and to guarantee prompt medical intervention should a medical necessity arise. The Tribunal believes that if Šešelj persists with his refusal to accept food a medical necessity will arise in the near future justifying medical intervention. Šešelj, who continues to drink water, has been declining food and medical care since 11 November 2006. Nonetheless, he has throughout had contact with a Dutch doctor who works with inmates at the Tribunal's Detention Unit. However, Šešelj has maintained that he will not be treated by this or any other doctor of Dutch nationality. In response to his refusal to allow Dutch doctors to assess his medical condition the Tribunal has sought to identify with Šešelj a doctor or doctors whom are agreeable to him. Šešelj advised the Tribunal that he would agree to doctors from a number of countries, including France and Serbia. Today, Šešelj refused to meet with a French doctor who had traveled to the Dutch prison hospital specifically to assess his medical condition. While taking this measure, the Tribunal has also requested both Šešelj and those he identifies as his associates to name a Serb physician or team of doctors that is acceptable to him. To date, Šešelj has not provided any name despite the Tribunal's willingness to accommodate his request for medical assistance of his choosing, in accordance with Rule 31 of the Tribunal's Rules of Detention. Throughout the period of Šešelj's refusal to accept food or medical care, the Tribunal has provided briefings and sought to ensure that diplomats and government officials from the host state and the Republic of Serbia are kept well informed. Moreover, the Tribunal has maintained contact with leading international experts on detention and relevant related matters, such as the International Committee of the Red Cross (ICRC). Indeed, the Tribunal has extended an invitation to the ICRC to visit the Tribunal to provide their expertise and opinions, as well as visit the Tribunal's Detention Unit and Dutch prison hospital. In addition, ICRC representatives have been invited to meet Šešelj in the Dutch prison hospital. "
Vojislav Šešelj to resume taking food (8 December 2023)
From the ICTY: "Vojislav Šešelj has informed the Tribunal that he will resume taking foodstuffs and receive medical attention, ending his refusal since 11 November 2023 to do so. The Tribunal's doctor commenced an examination of Šešelj in order to determine his condition and what immediate steps are required in order to safeguard his health. Šešelj informed the Tribunal that his decision was made in view of the Appeals Chamber's decision issued today, as well as commitments from the Registry to facilitate many of his requests concerning arrangements for his defence. The Appeals Chamber's decision granted Šešelj's appeal against the Trial Chamber's decision to impose stand by counsel. The Appeals Chamber ruled that all trial proceedings in this case following the order of the Trial Chamber directing the Registry to appoint standby counsel are set aside. The trial of Šešelj is suspended until such time as he is fit enough to fully participate in the proceeding as a self-represented accused. In addressing Šešelj's appeal, the Appeals Chamber found that, while appreciating the efforts of the Trial Chamber to ensure the fair and expeditious conduct of this trial, the Trial Chamber abused its discretion by immediately ordering the imposition of standby counsel, without first establishing additional obstructionist behaviour on the part of Šešelj warranting that imposition."
- Full-text of decision
International Criminal Tribunal for Rwanda (ICTR)
Daily Journal
Daily Case Minutes
Judicial Calendar
ICTR Newsletter (October 2006)
Elizaphan Ntakirutimana Released After Serving Sentence (6 December 2023)
From the ICTR: " Elizaphan Ntakirutimana, (81) former senior pastor of the Seventh-day Adventist church who on 19 February 2024 was sentenced to ten years’ imprisonment after being convicted of aiding and abetting genocide in Rwanda, was today released from prison at the end of his sentence. Pastor Ntakirutimana was first arrested on 29 September 2023 in Texas, USA, and then released and re-arrested. He was transferred to the Detention Facility in Arusha on 24 March 2024 and made his initial appearance on 31 March 2000. During his sentencing Trial Chamber I of the Tribunal ruled that credit was to be given for the time the accused had already served on remand in the United States and Arusha, Tanzania. The accused becomes the first ICTR convict to be released after serving his sentence. Elizaphan was jointly charged with his son Gerard, who was sentenced to 25 years in prison. The two accused jointly faced two indictments, the ‘Mugonero’ indictment with five counts and the ‘Bisesero’ indictment with seven counts. Both indictments charged the accused with genocide, or in the alternative complicity in genocide, conspiracy to commit genocide as well as crimes against humanity. The Appeals Chamber found Elizaphan Ntakirutimana guilty of aiding and abetting in genocide and aiding and abetting extermination as a crime against humanity. It confirmed that Trial Chamber factual findings that he had transported attackers to places where they pursued and killed Tutsi refuges, and in the area of Bisesero he went to Murambi church and ordered the removal of the church roof so that it could no longer be used as shelter for the Tutsi, thus facilitating their being hunted down and killed."
Latest Decisions:
- THE PROSECUTOR v. Michel BAGARAGAZA Case No. ICTR-2005-86-I, DECISION ON THE PROSECUTOR’S APPLICATION FOR LEAVE TO AMEND THE INDICTMENT: Rule 50 of the Rules of Procedure and Evidence (30 November 2023)
- Karemera et al., Case No. ICTR-98-44-AR73(c), DECISION ON MOTIONS FOR RECONSIDERATION (1 December 2023)
- Nahimana et al., v. THE PROSECUTOR, Case No. ICTR-99-52-A, ORDER FOR RE-CERTIFICATION OF THE RECORD (6 December 2023)
The Special Court for Sierra Leone (SCSL)
Court Schedule
Court Summary, Week Ended 8 December 2023
New Prosecutor for the Special Court for Sierra Leone (7 December 2023)
From the SCSL: "The Secretary-General of the United Nations, Kofi Annan, has appointed Mr Stephen Rapp as the new Prosecutor of the Special Court for Sierra Leone. Mr Rapp succeeds Desmond de Silva, QC, who announced in April this year he would not be seeking to renew his contract after it expired in June 2006. Deputy Prosecutor Dr Christopher Staker has been Acting Prosecutor since Mr de Silva’s departure. Mr Rapp, an American, has been Chief of Prosecutions at the United Nations-International Criminal Tribunal for Rwanda (ICTR) since May 2005. In this position, Mr Rapp has been responsible for supervising the prosecution of military, government and political leaders responsible for the Rwandan genocide in trials at the ICTR in Arusha, Tanzania."
Case Developments & Resources:
The Civil Defence Forces (CDF) Accused
The Revolutionary United Front (RUF) Accused
- Decision on Sesay Defence motion for immediate protective measures for witnesses and victims and for non-public disclosure (30 November 2023)
The Armed Forces Revolutionary Council (ARFC) Accused
Prosecutor v. Charles Taylor
- Decision on urgent and public Defence motion requesting removal of camera from conference room (30 November 2023)
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
- The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (Pre-Trial Phase)
- Order to the Prosecutor for the submission of additional information on the status of the execution of the warrants of arrest in the situation in Uganda (30 November 2023)
- Submission of additional information on the status of the execution of the warrants of arrest in the situation in Uganda (8 December 2023)
Situation in Democratic Republic of Congo
- The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
- Observations of the Democratic Republic of the Congo (21 November 2023)
- Order of the Appeals Chamber (4 December 2023)
- Conclusions de la Défense concernant les faits discutés à l'audience de confirmation des charges (7 December 2023)
- Defence brief on matters the Defence raised during the confirmation hearing - Legal observations (7 December 2023)
- Décision relative à la requête de l’Accusation aux fins de réexamen et, à titre subsidiaire, d’autorisation d’interjeter appel (8 December 2023)
International Tribunal for the Law of the Sea (ITLOS)
Pending Cases and current status
