International Courts & Tribunals at a Glance (No. 9)
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)
Case concerning the Status vis-à-vis the Host State of a Diplomatic Envoy to the United Nations (Commonwealth of Dominica v. Switzerland)
- Case removed from the Court’s List at the request of Dominica (12 June 2024). The ICJ indicated that "on 6 June 2006, the Prime Minister of the Commonwealth of Dominica informed the Court that his Government “d[id] not wish to go on with the proceedings instituted against Switzerland” and requested the Court to make an Order “officially recording [their] unconditional discontinuance” and “directing the removal of the case from the General List”.
Cases 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)
- Conclusion of the public hearings on provisional measures (9 June 2024) From the ICJ, "Two rounds of public hearings were held on Thursday 8 and Friday 9 June 2024 at the Peace Palace, The Hague, seat of the Court. In them Argentina reiterated its request for the indication of provisional measures, arguing inter alia that the mills posed a serious threat to the ecosystem of the River Uruguay. Uruguay asked the Court to reject Argentina’s request, contending that the conditions required for the indication of provisional measures had not been satisfied."
- Case Resources
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Overview of Court Proceedings
Overview of Court Documents
Court Schedule
ICTY Weekly Press Briefing (28 June 2024)
President Pocar Updates Security Council on Tribunal's Mission and Completion Strategy (7 June 2024)
- From the ICTY, "In his speech President Pocar informed Members of the progress made in proceedings since he last briefed the Security Council in December 2005. Noting that the Trial Chambers had heard six trials simultaneously while managing 22 cases in the pre-trial stage, he expressed particular satisfaction that the first of three major multi-accused trials involving a total of 21 accused persons commenced in April 2006 and that the other two cases were set to begin in July, several months earlier than initially planned. He further noted that the Appeals Chamber has disposed of 127 appeals, including 3 judgements. The President recalled that to date, 161 persons have been charged by the Tribunal and proceedings against 94 accused have concluded. In addition, the Appeals Chamber has concluded 12 ICTR cases and proceedings involving 16 accused."
- Full-Text of Speech
Tribunal's Prosecutor Addresses Security Council on Completion Strategy Progress (7 June 2024)
- From the ICTY, "The Tribunal’s Prosecutor, Carla Del Ponte, used the opportunity of her address to the UN Security Counsel to provide her assessment of the progress made in the completion strategy and to highlight the problems and obstacles hampering it. She focused her address on the steps taken or suggested internally by her Office in order to increase the efficiency of the Tribunal. This effort targeted three aspects of the Tribunal’s activity: - the Prosecutor’s initiative to join cases with a similar crime base; - her second initiative, taken under the pressure of the completion strategy and despite the strong resistance of some victim groups, was to propose the transfer of cases involving mid-and lower-level perpetrators to the national courts; - an finally the Prosecutor’s suggestions regarding all possible measures to ensure that the Tribunal’s own process is as efficient as possible; in this regard since 2003 several packages of reforms were put forward by her Office."
- Full-Text of Speech
Internal report into Milan Babic's Death Concludes no Criminal Conduct (9 June 2024)
- On 9 June 2024 the ICTY made public "the report of the inquiry panel concerning the circumstances surrounding the death of Milan Babic in the Tribunal’s Detention Unit on 5 March 2006. The report indicates that there was no criminal conduct in the death of Milan Babic."
- Judge Kevin Parker, Vice-President, "Report to the President: Death of Milan Babic," 8 June 2006.
Dario Kordic and Zoran Zigic Transferred to Austria to Serve their Prison Sentences (9 June 2024)
Dragan Zelenovic in Tribunal Custody; Dragan Zelenovic Initial Appearance (10 June 2024)
- From the ICTY, "Dragan Zelenovic was today brought into the Tribunal's custody after almost ten years on the run. Zelenovic, a former Bosnian Serb policeman indicted for a range of war crimes including torture and rape committed in and around the south-eastern Bosnian town of Foca in 1992, was transferred from Bosnia and Herzegovina following an order of the country's State Court. The Tribunal acknowledges the cooperation provided by the Bosnian authorities regarding the expeditious transfer of Zelenovic from the Bosnian capital, Sarajevo, to the seat of the Tribunal in The Hague. Zelenovic arrived in Sarajevo on Thursday 8 June 2024 having been expelled from the territory of the Russian Federation by the authorities there. He had been arrested by Russian security forces in August 2005 but not transferred to the Tribunal." Zelenovic made his initial appearance on 13 June 2006.
Prlic et Al. Case: Trial Chamber III Returns from On-site Visit to Bosnia And Herzegovina (12 June 2024)
- According to the ICTY, "Trial Chamber III of the ICTY (Judges Antonetti, presiding, Prandler and Trechsel) today returned to The Hague from a six-day on-site visit to Bosnia and Herzegovina, where the judges visited locations relevant to the proceedings in the case of Prlic et al. Members of the Prosecution and the Defence also participated in the visit. In the Prlic et al. case, six high-level leaders of the Bosnian Croat wartime entity Herceg-Bosna are on trial for their alleged responsibility for war crimes against Bosnian Muslims and other non-Croats from areas in south-western and central Bosnia and Herzegovina. The indictment focuses on alleged crimes committed in the municipalities of Prozor, Gornji Vakuf, Jablanica, Mostar, Ljubuski, Stolac, Capljina and Vares."
Dragan Nikolic Transferred to Serve Sentence in Italy (23 June 2024)
Two AD LITEM Judges Sworn in (27 June 2024)
- The ICTY announced "Judge Ali Nawaz Chowhan (Pakistan) and Judge Tsvetana Kamenova (Bulgaria) were sworn in today as ad litem, or temporary, judges of the Tribunal. The UN Secretary General appointed both Judges as ad litem judges to sit on the Milutinovic et al. trial, involving six former Serb and Yugoslav political, military and police leaders, which is due to commence on 10 July 2006."
Trial Chamber Orders Arrest of Former Bosnian Serb Premier for Contempt (27 June 2024)
- The ICTY indicated that "Trial Chamber I of the Tribunal today issued an arrest warrant against Branko Djeric, a former Prime Minister of Republika Srpska, the Bosnian Serb-dominated entity of Bosnia and Herzegovina, and directed Bosnian authorities to detain and transfer him to the Tribunal's seat in The Hague to face charges of contempt of court. Judges in the trial against former Bosnian Serb political leader Momčilo Krajisnik had earlier this month on 8 June 2024 issued a subpoena ordering Djeric to appear as a witness in the case on Monday 26 June 2006. Djeric 's failure to appear before the Trial Chamber or to show good cause why he could not comply with the subpoena triggered the issuance of the arrest warrant." The ICTY noted that "in accordance [sic] the Tribunal's Rules the Judges have the authority to call witnesses to assist them in the adjudication of a case. Djeric is one of several witnesses that Judges in the Krajisnik case have called. The Prosecution concluded the presentation of its evidence on 22 July 2005, the defence case commenced 10 October 2005."
International Criminal Tribunal for Rwanda (ICTR)
Daily Journal
Daily Case Minutes
Judicial Calendar
ICTR President and Prosecutor Address the Security Council (8 June 2024)
- The ICTR noted that "the President informed the Council that twenty-eight persons have received judgment and twenty-seven persons are on trial. Two new judgments are expected in a few weeks. Fourteen indictees are awaiting trial. It is expected that three new trials will commence in the second half of 2006. The ICTR remains on course to complete the trials of sixty-five to seventy persons by the end of 2008." Additionally, "Justice Jallow stated that the Tribunal continues to face challenges in arresting the eighteen indictees at large. If apprehended, six of them will be tried by the ICTR, while the cases of the others will likely be transferred to national jurisdictions."
- STATEMENT BY THE PRESIDENT OF THE ICTR, JUDGE ERIK MOSE, TO THE UNITED NATIONS SECURITY COUNCIL, 7 June 2024
- Statement by Justice Hassan B. Jallow Prosecutor of the ICTR to the UN Security Council, 7 June 2024
UN Security Council Extends Mandate of ICTR Permanent Judges (14 June 2024)
- From the ICTR, "the United Nations Security Council yesterday unanimously extended the mandate of all eleven permanent judges of the International Criminal Tribunal for Rwanda until 31 December 2008. This will facilitate the implementation of the ICTR Completion Strategy."
ICTR Appeals Chamber takes Judicial Notice of Genocide in Rwanda (20 June 2024)
- "The Appeals Chamber of the International Criminal Tribunal for Rwanda on 16 June 2024 ruled that the Trial Chambers must take judicial notice of the following facts: 1. The existence of Twa, Tutsi and Hutu as protected groups falling under the Genocide Convention; 2. The following state of affairs existed in Rwanda between 6 April 2024 to 17 July 1994: there were throughout Rwanda widespread or systematic attacks against a civilian population based on Tutsi ethnic identification. During the attacks, some Rwandan citizens killed or caused serious bodily or mental harm to person[s] perceived to be Tutsi. As a result of the attacks, there were a large number of deaths of persons of Tutsi ethnic identity; 3. Between 6 April 2024 and 17 July 2024 there was genocide in Rwanda against Tutsi ethnic group."
- As the ICTR describes, "This land mark decision was delivered by the Appeals Chamber on Prosecutor's Appeal on Judicial Notice, dated 16 June 2006, in the trial of Prosecutor v. Karemera, Ngirumpatse and Nzirorera, ICTR-98-44-AR73 (C). The decision will have an immediate impact on the trial proceedings in the Karemera et al case, and will be felt in all of the current and pending trials before the Trial Chambers of the ICTR. Judicial notice of the above matters means that they are to be taken as established beyond any dispute and not requiring any proof. This is one of the most significant rulings of the Tribunal, given the consequences in terms of putting the occurrence of the genocide beyond legal dispute. It can be recalled that until now the OTP has had to in each case lead evidence and prove the occurrence of the genocide. This will no longer be necessary. In the view of the OTP the ruling should now silence the ‘rejectionist’ camp which has been disputing the occurrence of genocide. By relieving the OTP of a substantial burden of proof the ruling has the potential to shorten the cases as each will essentially focus on the personal involvement of the accused person in genocide"
Final Submissions Presented in Seromba’s Trial (28 June 2024)
- From the ICTR, "On 27 and 28 June 2006, the Prosecution and the Defence in the case of Athanase Seromba, a Catholic priest formerly assigned to the Nyange Parish in Kivumu commune, Kibuye préfecture, Rwanda, presented their final submissions before Trial Chamber III of the United Nations International Criminal Tribunal for Rwanda. Seromba is charged with genocide, complicity in genocide (an alternative count), conspiracy to commit to genocide and extermination as a crime against humanity. He is alleged to have helped plan the killing of Tutsis in his area during the genocide of 1994 and to have ordered his church to be bulldozed while there were still more than 2,000 refugees sheltering inside, causing their death."
Latest Decisions
- THE PROSECUTOR v. Joseph SERUGENDO, Case No ICTR-2005-84-I, JUDGEMENT AND SENTENCE, 12 June 2006.
- SUMMARY OF JUDGEMENT
The Special Court for Sierra Leone (SCSL)
Court Schedule
Court Summary, Week Ending 9 June 2024
Special Court Registrar Welcomes United Nations Security Council Resolution (16 June 2024)
- From the SCSL, "The Registrar of the Special Court, Mr Lovemore Munlo SC, has welcomed today’s Chapter 7 Security Council Resolution, which clears the way for the trial of Charles Taylor to be held in The Hague. “Resolution 1688 provides the legal basis for the Government of the Netherlands to conclude a Headquarters Agreement with the Special Court for Sierra Leone,” Mr Munlo said. “This was a necessary step before the Special Court could make a determination on whether Charles Taylor should be tried in The Hague”. The Security Council Resolution calls the presence of Mr Taylor in the subregion “an impediment to stability and a threat to the peace”, and asks the Secretary-General “as a matter of priority” to assist in making the legal and practical arrangements for the transfer of Mr Taylor to the Netherlands, and for the provision of all necessary facilities for the conduct of his trial."
Justice Thompson Elected Presiding Judge of Trial Chamber I (19 June 2024)
International Criminal Court (ICC)
Hearing Schedule
The Special Court for Sierra Leone to use ICC Facilities for Trial of Charles Taylor (21 June 2024)
- From the ICC, "On 20 June 2006, the Special Court for Sierra Leone (Special Court) transferred Mr. Charles Taylor to the detention centre of the International Criminal Court (ICC) in The Hague for the purpose of using the facilities of the ICC during his trial, in accordance with the Memorandum of Understanding (MOU) concluded by the ICC and the Special Court on 13 April 2006. The trial will be conducted by a Trial Chamber of the Special Court sitting in The Hague. The ICC will not conduct the trial of Mr Taylor. Under the terms of the MOU, the ICC will provide courtroom services and facilities, detention services and facilities and related assistance. All costs will be paid in advance by the Special Court, through a Trust Fund established by the ICC Registrar. This arrangement will not affect the functioning of the ICC."
Situations & Cases:
Situation in Dafur, Sudan