Jus cogens: Recent Developments in International Law

International Courts & Tribunals at a Glance (No. 24)

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)

The International Court of Justice revises Practice Directions IX and XI and adopts new Practice Directions IXbis and IXter (13 December 2023)

From the ICJ: "As part of the ongoing review of its procedures and working methods, the International Court of Justice (ICJ), principal judicial organ of the United Nations, has revised Practice Directions IX and XI and adopted new Practice Directions IXbis and IXter. As amended, paragraph 2 of Practice Direction IX is intended as a reminder that a party wishing to produce new documents after the closure of the written proceedings, including during the oral proceedings, must follow the procedure set out in Article 56, paragraphs 1 and 2, of the Rules of the Court; the provisions of paragraphs 1 to 3 of Article 56 are supplemented by Practice Direction IX. Practice Direction IXbis provides the parties with guidance concerning their entitlement under Article 56, paragraph 4, of the Rules to refer during oral proceedings to the contents of a document which is “part of a publication readily available”. Practice Direction IXter gives further guidance to the parties as to the preparation of “folders of documents for the convenience of the judges during oral proceedings”. In Practice Direction XI, the first sentence of the existing text was deleted."

• Practice Directions I-XII

Cases currently being heard/under deliberation:

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
2. Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
3. Pulp Mills on the River Uruguay (Argentina v. Uruguay) --Public hearing opened on 18 December 2023 (re: Uruguay's request for the indication of provisional measures)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule (winter recess until 8 January 2024)

ICTY Weekly Press Briefing (6 December 2023)

President Pocar Address Before Security Council (15 December 2023)

From the ICTY: "Appearing before the UN Security Council today to provide an update on the implementation of the Tribunal's mandate and the Completion Strategy since his last briefing in June 2006, President Fausto Pocar stated that despite being a period of extreme difficulties requiring rapid response and adjustment to change, the last six months have been one of the most, if not the most, productive periods in the Tribunal's history. In his speech, President Pocar noted that as a result of significant reorganisation of the Trial Chambers and efficient pre-trial management, the Tribunal commenced its remaining two multi-accused trials six months ahead of schedule. The President expressed particular satisfaction that the Trial Chambers were able to try, at one point during the reporting period, a record number of 25 accused in six trials simultaneously. He also informed the Council that because of the flexibility and dedication of the Judges of the Tribunal, as well as the cooperation of the parties and the Registry, an unprecedented seventh trial would commence in early January 2007. He further remarked that the Appeals Chamber has brought 8 proceedings involving 11 accused to a close in the calendar year, making it the most productive in the history of the Appeals Chamber. Citing the ever diminishing caseload as evidence of the commendable efforts taken by the Tribunal, the President recalled that of the 161 persons charged by the Tribunal, cases against 100 accused have been closed and the majority of the remaining cases are currently being tried or are on appeal. The President stressed that for the Tribunal, efficient completion of trials and appeals was not only a matter of Completion Strategy dates but of respect for fundamental human rights norms and due process....Finally, the President confirmed that trials would be completed no later than 2009 and that all appeals were expected to be disposed of within the two years of the end of trials. He highlighted a number of key factors that would influence that timeframe, most notably the success of the multi-accused trials, and the critical issue of the six outstanding fugitives, in particular Ratko Mladić and Radovan Karadžić. As in previous reports, the President expressed grave concern that for a decade, the Tribunal has called for their arrest without result. President Pocar closed by affirming the commitment of the Tribunal to meeting the Completion Strategy objectives while upholding the highest standards of due process, and called upon Member States of the Council to maintain full support for the Tribunal in the final years of the mandate. "Together, we must see the historic work of the Tribunal through for the cause of international justice, the continued fight against impunity, and the promotion of international peace and security.""

• Full-text, "STATEMENT BY JUDGE FAUSTO POCAR, PRESIDENT, INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 15 DECEMBER 2006"

The Prosecutor's Address to the Security Council (15 December 2023)

From the ICTY: "The Tribunal's Prosecutor, Carla Del Ponte, addressed today the UN Security Counsel with a view to provide her regular assessment of the progress made in the completion strategy highlighting the problems and obstacles hampering it. She sought fresh and clear guidance from the Council on the fundamental issues of the completion strategy. The Prosecutor focused her address on efforts made by her Office together with the Chambers to speed up trials while trying to maintain the highest standards of fair trial and due process. She noted the prosecution's successful initiatives: - to join cases with similar crimes resulting in three ongoing multiple-accused trials, - to submit more written evidence in the trials leading to significant savings of the court time; - to request acceptance of more facts as judicial notice avoiding the need to prove these facts again. The Prosecutor emphasised that she had acted in cooperative spirit when directed by the Judges to select counts on which to proceed and to limit time for presentation of the prosecution cases. In terms of transfer of Rule 11 bis cases to the national jurisdictions the Prosecutor expressed her view that the Tribunal has reached the limits in this matter and, unless the Security Council modifies the seniority conditions under which an accused can be transferred to local courts, there is no legal possibility to transfer more cases. And therefore, in her view, with the present case-load it will not be possible to achieve the target date of 2008. The Prosecutor also drew the attention of the Council to the negative reactions of the victims' groups in the region in regard to the envisaged completion of the Tribunal's work, while six accused, including Karadzic and Mladic remain at large. Speaking about the level of co-operation of the authorities in the region the Prosecutor stated: "While the judicial authorities in Bosnia and Herzegovina, Croatia and in Serbia have stepped up their efforts to try war crimes, the political bodies in Bosnia and Herzegovina and in Serbia have not shown the political will necessary to arrest the remaining fugitives." The Prosecutor suggested the following steps to be taken - first, the Security Council to consider changing the conditions under which an accused can be transferred to national courts; - second, by full and forceful support of the Security Council to encourage strengthening of the political will to arrest remaining fugitives; - and third, the Security Council to confirm in clear form that there remains the possibility for the Tribunal to complete its mandate in dignified and successful manner with remaining fugitives like Karadzic and Mladic being brought to trial in The Hague."

• Full-text, "ADDRESS BY CARLA DEL PONTE, PROSECUTOR OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA TO THE SECURITY COUNCIL 15 DECEMBER 2006"

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (November 2006)

Catholic Priest Athanase Seromba Sentenced to Fifteen Years (13 December 2023)

From the ICTR: "Trial Chamber III of the ICTR today found Athanase Seromba, former priest of Nyange Parish, Kivumu commune, guilty of genocide and extermination as a crime against humanity. The Chamber dismissed the alternative count of complicity in genocide, and acquitted the accused of the count of conspiracy to commit genocide. Seromba was then sentenced to a single term of fifteen years imprisonment and the Chamber ruled that the accused would receive credit for time already served since his surrender to the Tribunal on 6 February 2002. For the purpose of sentencing the accused, the Chamber composed of Judges Andrésia Vaz, presiding, Karin Hökborg and Gberdao Gustav Kam, considered as aggravating factors: his authority as a respected Catholic priest; the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres; and his failure to live up to the trust of the refugees who thought their lives would be safe there. As mitigating factors, the Chamber considered that Seromba had a good reputation prior to the events of 1994; he was relatively young at the time of the events; and his voluntary surrender to the Tribunal. The Chamber ruled that in his capacity as a Catholic parish priest, based on the situation prevailing throughout Rwanda during 1994, Seromba must have been aware of the intent of the attackers of the refugees at the parish. For the charge of extermination as a crime against humanity, the Chamber found that the Prosecution established beyond a reasonable doubt that a large number of Tutsi seeking refuge at the Parish were surrounded on or about 12 April 2024 by Interahamwe, militiamen and gendarmes. When the Tutsi refugees repelled the attack, the Interahamwe, and militiamen used grenades to attack the parish. It was further established beyond reasonable doubt that Seromba spoke to the driver of the bulldozer, encouraging and identifying to the driver when to start the demolition of the parish and which parts of the parish were the weakest. The Chamber found that Seromba orally aided and abetted the assailants to demolish the Church. Seromba’s trial commenced on 20 September 2024 before Chamber III and the Prosecution closed its case on 25 January 2024 after calling 15 witnesses. The Defence closed its case on 27 April 2024 after the Chamber heard 24 defence witnesses. Seromba is represented by Patrice Monthé and Barnabe Nekuie, both from Cameroon. [ ]t [sic] the time of the indictment, Seromba was working as a priest, under a false identity, in two parishes near Florence, Italy. He was arrested and detained in Arusha after his surrender to the Tribunal on 6 February 2002. He made his initial appearance before the Tribunal on 8 February 2024 and pleaded not guilty to all charges against him."

Nzabirinda’s Guilty Plea Accepted (14 December 2023)

From the ICTR: "Joseph Nzabirinda, nickname ‘Biroto’, former businessman and youth organiser in Sahera sector, Ngoma commune appeared today before Trial Chamber II composed of Judges Arlette Ramaroson, presiding, William Sekule and Solomy Balungi Bossa and pleaded guilty to the new indictment charging him with one count of murder as a crime against humanity. The Chamber accepted his new plea and set 17 January 2024 for the sentencing hearing. In the new indictment, amended on 9 December 2006, and in the plea agreement between the parties of the same date, Nzabirinda is charged with one count of murder as a crime against humanity. During the hearing, the Prosecution stated that Nzabirinda was an approving spectator as a result of his presence during the attacks. The Defence agreed that the accused had no blood on his hands but was an accomplice by omission. The Prosecution withdrew its previous charges of the indictment of 2001 due to lack of evidence. The Chamber granted the request of the Defence that Nzabirinda be held in a secure location, away from other detainees to ensure his security until his sentence hearing. Addressing the Chamber, the accused expressed deep remorse for his crimes and asked for pardon from the people of Rwanda for the crimes committed. In the initial indictment of 6 December 2001, the accused was charged with genocide, conspiracy to commit genocide, extermination as a crime against humanity and rape as a crime against humanity. In his initial appearance of 27 March 2024 the accused pleaded not guilty to all the charges. zabirinda, born in 1957, in Sahera sector, was arrested in Brussels on 26 July 2001and transferred to the United Nations Detention Facility on 21 March 2002. The accused is alleged to have participated in meetings with the Interahamwe during which the planned execution of Tutsis was discussed. It is further alleged that he encouraged attacks on the Tutsi gathered at Kabakobwe hill and at roadblocks throughout Sahera sector."

Prosecutor and Registrar pay courtesy call on UN Secretary-General (14 December 2023)

From the ICTR: "The Prosecutor of the ICTR, Mr. Justice Hassan Bubacar Jallow and the ICTR Registrar, Mr. Adama Dieng, on Thursday 14 December 2023 paid a courtesy call on the outgoing UN Secretary-General, H.E Mr. Kofi Annan at his office at UN Headquarters in New York. During the visit, Justice Jallow, who was also accompanied by Mr. Charles Adeogun-Phillips, Senior Trial Attorney, congratulated H.E Mr. Annan on his successful 10 year tenure as the UN Secretary-General. Describing the Secretary-General as a “pillar of encouragement, understanding and support to the cause of International criminal justice”, Justice Jallow paid tribute to the Secretary-General’s commitment to the fight against impunity. Justice Jallow also briefed the Secretary-General on the progress of the ICTR completion strategy and confirmed that Tribunal was on schedule to complete its work as anticipated. The Registrar of the Tribunal, Mr. Adama Dieng, also briefed the Secretary-General on a vast range of administrative and budgetary matters falling within his preview as Registrar. He also conveyed, to H.E Annan, the best wishes of all ICTR staff members. The Secretary-General expressed his satisfaction at the achievements recorded by the ICTR to date. He also paid glorying tribute to the selfless service of the men and women who are involved in the work of the Tribunal and requested that his best wishes be conveyed to them."

The Security Council Considers ICTR’s Completion Strategy (16 December 2023)

From the ICTR: "The President and the Prosecutor of the ICTR today in New York provided an update to the UN Security Council on its completion strategy. In that regard, the President and the Prosecutor both confirmed that the Tribunal is on schedule to complete cases involving between sixty-five and seventy accused persons by the end of 2008, as envisaged in the ICTR completion strategy. The President, Judge Erik Mose stated that a total of 32 accused persons have now received judgments following their trials before the ICTR. He stated that another four judgments following recently concluded trials are expected soon. The President reported that nine trials, involving 25 accused persons are currently in progress with several judgments due to be rendered in 2007. The President in his report also confirmed that a total of nine detainees are currently awaiting trials. Finally, the President reiterated the need for member states to cooperate in the arrest and transfer of all indictees still at large to the ICTR, as well as to receive acquitted persons. In his report, the Prosecutor of the ICTR, Mr. Justice Hassan Jallow reported that since his last report to the Security Council in June 2006, five trials which were ongoing during the said period have now been completed. He further reported that during the same period, several new trials had commenced as planned. The Prosecutor reported that there had however been no arrest of fugitives during the said period. Justice Jallow further reported that he was confident that all ongoing trials as well as those earmarked for trial in Arusha, save for those relating to top level fugitives such as Felicien Kabuga would conclude during 2007 and 2008. The Prosecutor reported that his focus in the coming year will be geared towards the timely and efficient conclusion of the ongoing trials, the preparation of additional cases for trial, the intensification of the tracking and arrest programme, as well as the referral of cases to national jurisdictions."

• Full-Text, "STATEMENT BY THE PRESIDENT OF THE ICTR JUDGE ERIK MØSE UNITED NATIONS SECURITY COUNCIL"

Latest Decisions (All decisions ) :

• Nahimana et al., Case No. ICTR-99-52-A, DECISION ON JEAN-BOSCO BARAYAGWIZA’S MOTION FOR CLARIFICATION AND GUIDANCE FOLLOWING THE DECISION OF THE APPEALS CHAMBER DATED 16 JUNE 2024 IN PROSECUTOR V. KAREMERA ET AL. CASE AND PROSECUTOR’S MOTION TO OBJECT TO THE LATE FILING OF JEAN-BOSCO BARAYAGWIZA’S REPLY (8 December 2023)
• Nahimana et al., Case No. ICTR-99-52-A, DECISION ON APPELLANT JEAN-BOSCO BARAYAGWIZA’S MOTIONS FOR LEAVE TO PRESENT ADDITIONAL EVIDENCE PURSUANT TO RULE 115 OF THE RULES OF PROCEDURE AND EVIDENCE (8 December 2023)
• The PROSECUTOR v. Joseph NZABIRINDA, Case No. ICTR – 2001 – 77 – PT, DECISION ON THE PROSECUTION’S UNDER SEAL AND CONFIDENTIAL MOTION FOR LEAVE TO AMEND THE INDICTMENT (8 December 2023)
• Georges Anderson Nderubumwe RUTAGANDA v. THE PROSECUTOR, Case No. ICTR-96-03-R, Decision on Requests for Reconsideration, Review, Assignment of Counsel, Disclosure, and Clarification (8 December 2023)
• Karemera et al., Case No. ICTR-98-44-T, DECISION ON APPEALS CHAMBER REMAND OF JUDICAL NOTICE: Rules 94 of the Rules of Procedure and Evidence (11 December 2023)
• Karemera et al., Case No. ICTR-98-44-T, DECISION ON PROSECUTION MOTION FOR ADMISSION OF EVIDENCE OF RAPE AND SEXUAL ASSAULT PURSUANT TO RULE 92 BIS OF THE RULES; AND ORDER FOR REDUCTION OF PROSECUTION WITNESS LIST: Rules 92bis and 73bis (D) of the Rules of Procedure and Evidence (11 December 2023)
• The PROSECUTOR v. Joseph NZABIRINDA, Case No. ICTR-01-77-PT, DECISION ON NZABIRINDA’S UNDER SEAL-EXTREMELY URGENT MOTION FOR PROTECTIVE MEASURES FOR CHARACTER WITNESSES (13 December 2023)

The Special Court for Sierra Leone (SCSL)

Court Schedule (Judicial Recess: 18 December - 5 January)

Court Summary, Week Ended 15 December 2023

Case Developments & Resources (all decisions ) :

The Civil Defence Forces (CDF) Accused

• Decision regarding Prosecution and Kondewa final trial brief (15 December 2023)
  

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

Prosecutor v. Charles Taylor

• Decision on Defence motion for leave to file an oversized filing of 'Defence motion on adequate time and facilities for the preparation of Mr. Taylor's Defence' (11 December 2023)
• Decision on Defence motion for urgent reconsideration of "Decision on Defence motion for leave to file an oversized motion: 'Defence motion on adequate time and facilities for the preparation of Mr. Taylor's Defence' (14 December 2023)

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Resignation of Judge Maureen Harding Clark (11 December 2023)

From the ICC: "Judge Maureen Harding Clark has resigned from the International Criminal Court (ICC) effective 10 December 2006. In her letter to the President of the ICC, Judge Philippe Kirsch, tendering her resignation, Judge Clark indicated that she has been asked to serve on the High Court of Ireland and that under Irish law she was required to resign from the ICC in order to be appointed to the High Court....The Presidency informed the President of the Bureau of the Assembly of States Parties, H.E. Bruno Stagno Ugarte of Judge Clark’s resignation. In accordance with article 37 of the Rome Statute, the Assembly of States Parties will elect a judge to fill the vacancy left by Judge Clark’s resignation."

ICC Prosecutor Ready with Evidence Against Darfur War Criminals (14 December 2023)

From the ICC: "Today, ICC Prosecutor Luis Moreno-Ocampo informed the United Nations Security Council that he has nearly completed an investigation into some of the worst crimes committed in Darfur. He is preparing to submit evidence to the ICC judges no later than February 2007 and is putting measures in place to protect victims and witnesses. The evidence in this emerging first case points to specific individuals who appear to bear the greatest responsibility for war crimes and crimes against humanity including persecution, torture, murder, and rape. The Security Council referred the situation in Darfur to the Prosecutor in March 2005. This progress occurs within the context of continued violence in Darfur and an apparent spill over of crime and violence into Chad and the Central African Republic. “This Council has recognized that justice for victims will contribute to enhancing security and will send an important warning – beyond the borders of Darfur – to those individuals who might otherwise resort to violence and the commission of crimes to achieve their aims,” Mr. Moreno-Ocampo said. The Prosecutor’s first case focuses on a series of incidents in 2003 and 2004, when the most serious crimes occurred in large numbers. Perhaps most significant, the evidence reveals the underlying operational system that enabled the commission of these massive crimes."

Situations & Cases (All documents ):

Situation in Dafur, Sudan

• Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) (14 December 2023)

Situation in Central African Republic

• Prosecution's Report Pursuant to Pre-Trial Chamber III's 30 November 2023 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic (15 December 2023)

Situation in Uganda

1. The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (Pre-Trial Phase)

• Présentation d’informations supplémentaires sur les progrès réalisés dans l’exécution des mandats d’arrêt dans la situation en Ouganda (8 December 2023)

Situation in Democratic Republic of Congo

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

• Dissenting Opinion of Judge Pikis to the Order of the Appeals Chamber issued on 4 December 2023 (11 December 2023)
• Decision of the Appeals Chamber (12 December 2023)
• Judgment on the Appeal of Mr. Thomas Lubanga Dyilo against the Decision on the Defence Challenge to the Jurisdiction of the Court pursuant to article 19 (2) (a) of the Statute of 3 October 2023 (14 December 2023)
• Judgment on the appeal of Mr. Thomas Lubanga Dyilo against the decision of Pre-Trial Chamber I entitled "First Decision on the Prosecution Requests and Amended Requests for Redactions under Rule 81" (14 December 2023)
• Judgment on the appeal of Mr. Thomas Lubanga Dyilo against the decision of Pre-Trial Chamber I entitled "Second Decision on the Prosecution Requests and Amended Requests for Redactions under Rule 81" (14 December 2023)

International Tribunal for the Law of the Sea (ITLOS)

President Wolfrum addresses General Assembly (11 December 2023)

• "Statement by Mr Rudiger Wolfrum,President of the International Tribunal for the Law of the Sea, on Agenda item 71 (a) at the plenary of the sixty-first session of the United Nations General Assembly, New York, 8 December 2006"
  

Pending Cases and current status

International Courts & Tribunals at a Glance (No. 23)

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:

1. Public sitting held on Monday 27 November 2006, at 10 a.m., at the Peace Palace, President Higgins presiding
2. 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
3. Public sitting held on Wednesday 29 November 2006, at 3 p.m., at the Peace Palace, President Higgins presiding
4. 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 Proceedings

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

• Décision sur la requête du conseil ad hoc de la Défense sollicitant l'autorisation d'interjeter appel (8 December 2023)

Situation in Central African Republic

• Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic (30 November 2023)

Situation in Uganda

1. 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

1. 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

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:

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
2. 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

• Decision designating a Single Judge on Victim's issues (22 November 2023)

Situation in Democratic Republic of Congo

1. 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

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

International Courts & Tribunals at a Glance (No. 20)

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: Schedule of public hearings to be held from 27 November to 1 December 2023 (9 November 2023)--From the ICJ, "The hearings will be concerned solely with the preliminary objections raised by the Democratic Republic of the Congo (DRC) regarding the admissibility of the Application" made by the Republic of Guinea.

• Schedule of hearings
• Case resources

Territorial and Maritime Dispute (Nicaragua v. Colombia):

Preliminary Objections: Public hearings to open on Monday 4 June 2024 (15 November 2023)--From the ICJ: "The public hearings in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia) will open on Monday 4 June 2024 before the International Court of Justice (ICJ), the principal judicial organ of the United Nations. The detailed schedule for the hearings, which will be concerned solely with the preliminary objections raised by Colombia regarding the jurisdiction of the Court, will be published at a later date."

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 (15 November 2023)

Court Of Bosnia And Herzegovina Renders First Judgement In A Case Transferred By The Tribunal (14 November 2023):

From the ICTY, "The Court of Bosnia and Herzegovina today sentenced Radovan Stankovic to 16 years' imprisonment for rapes and other crimes against humanity committed in the Bosnian town of Foca in 1992. Stankovic was the first ICTY indictee whose case was transferred to a national court as part of Tribunal's completion strategy, under the Rule 11 bis. According to the indictment, Stankovic was in charge of Karaman's house, a house in Foca where Bosnian Muslim women and girls, some as young as 12 and 14 years of age, were detained so that Serb soldiers and other Serb men could sexually assault them. Stankovic and others treated the women and girls as their personal property. During the entire period of their detention the girls and women were subjected to repeated rapes and sexual assaults. Stankovic repeatedly raped, assaulted and threatened two victims and threatened to rape others....The Tribunal is dedicated to assisting local courts in conducting war crimes trials in accordance with international standards of fair trial and remains committed to supporting fair trials for the perpetrators of atrocities committed during the conflicts in the former Yugoslavia. The ICTY hopes the judiciary of Bosnia and Herzegovina can complement the work of the Tribunal in providing justice and trying perpetrators that will not be tried in The Hague. To date the ICTY has transferred eleven indictees to local courts pursuant to a Rule11bis ruling. The number of cases referred under Rule 11bis is comparatively small in comparison to the number of cases tried before the Tribunal. Out of 161 persons indicted by the Tribunal, proceedings against 97 of them have been completed."

• ICTY, Rules of Procedure and Evidence (as of 13 June 2024)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (October 2006)

Latest Decisions:

THE PROSECUTOR v. Protais ZIGIRANYIRAZO, Case No. ICTR-2001-73-T, DECISION ON THE PROSECUTION JOINT MOTION FOR RE-OPENING ITS CASE AND FOR RECONSIDERATION OF THE 31 JANUARY 2024 DECISION ON THE HEARING OF WITNESS MICHEL BAGARAGAZA VIA VIDEO-LINK: Rules 54, 73, 73 Bis(E), and 85 of the Rules of Procedure and Evidence (16 November 2023) (granting the motion for the reopening of the Prosecution case, denying the motion for reconsideration of the Decision of 31 JANUARY 2024 for Mr. Bagaragaza to be heard by video-link, directing that Mr. Bagaragaza be heard in Arusha, and ordering "the transfer of Mr. Bagaragaza from the Detention Centre in The Hague to the Detention Facility in Arusha for hearings at the Tribunal the week beginning 27 November 2006")

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

• Decision on the impermissibility of eliciting evidence involving the Second Accused through cross-examination of witnesses called by the Third Accused (10 November 2023)

The Revolutionary United Front (RUF) Accused

• Decision on Defence application for leave to appeal the decision on motion for clarification and for a ruling that the Defence has been denied cross-examination opportunities (10 November 2023)
• Decision on Defence application for review of the Registrar's decision on the Sesay Defence "exceptional circumstances" motion (15 November 2023)
  

The Armed Forces Revolutionary Council (ARFC) Accused

• Decision on confidential motion to call evidence in rebuttal (14 November 2023)

Prosecutor v. Charles Taylor

• Decision on confidential Prosecution motion to vary protective measures (15 November 2023)

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Prosecutor presents evidence that could lead to first ICC trial (9 November 2023)

Communiqué from the Chair of the Board of Directors of the Trust Fund for Victims of the International Criminal Court (9 November 2023)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

• Demande pour répliquer à la réponse du Bureau du Procureur concernant la requête déposée par la défense sollicitant l'autorisation d'interjeter appel à l'encontre de la décision du 02/11/2023 sur les conclusions "in limine Litis Sursis à Statuer" (8 November 2023)
• Prosecutor's Reply to Ad Hoc Counsel's "Conclusions Aux Fins D'Exception D'Incompétence et D'Irrecevabilité" (10 November 2023)
• Demande pour répliquer à la réponse de M. le Procureur en date du 10/11/2023 relative aux "Conclusions Aux Fins d'Exception d'Incompétence et d'Irrecevabilité soulevées par la Défense en date du 13/10/2023 (13 November 2023)

Situation in Central African Republic

Situation in Uganda

• Decision to Registrer Document in the Record (8 November 2023)
• Submission of information on the status of the execution of the warrants of arrest in the situation in Uganda – Corrigendum 2 (dated 6 October 2006, made avaliable 15 November 2023)

Situation in Democratic Republic of Congo

• Request submitted pursuant to rule 103(1) of the Rules of Procedure and Evidence for leave to participate as amicus curiae (10 November 2023)

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

• Decision to give access to the Prosecution to the evidence included in the Defence list of evidence filed on 2 November 2023 (8 November 2023)
• Public Redacted Version of Request to exclude evidence obtained in violation of article 69(7) of the Statute (7 November 2023)
• Decision on the Defence Request to Postpone the Confirmation Hearing (8 November 2023)
• Decision on the Defence request for leave to appeal regarding the transmission of applications for victim participation (6 November 2023)
• Confirmation Hearing: 9th November 2006, Introductory Comments of Senior Trial Attorney Ekkehard Withopf (9 November 2023)
• Appeals Chamber's Decision on the "Prosecutor's Request for an Extension of the Page Limit" (16 November 2023) (dismissing the request as "superfluous" and noting that "the application of the Prosecutor for the extension of the page limit is premised on the assumption that such a limit is set at 20 pages. This is not the case. The page limit extends to 100 pages.")

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

International Courts & Tribunals at a Glance (No. 19)

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 General Assembly of the United Nations (26 October 2023)

Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the Sixth Committee of the General Assembly (27 October 2023)

Address by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, on the occasion of the visit by their majesties King Abdullah II and Queen Rania of the Hashemite Kingdom of Jordan (31 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)
  

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (2 November 2023)

Appeals Chamber Affirms Decision To Join Cases Against Ante Gotovina, Ivan Čermak And Mladen Markač (26 October 2023):

From the ICTY: "The Tribunal's Appeals Chamber yesterday confirmed the Trial Chamber's decision of 14 July 2024 to join two cases involving Ante Gotovina, Ivan Čermak and Mladen Markač in one indictment and accepted the proposed amendments to the indictment. The three are charged with the crimes committed against Serbs in 1995, during and in the aftermath of the Croatian military offensive known as "Operation Storm", conducted in the Krajina region of Croatia. At the time, Gotovina and Čermak were senior military commanders on the ground, while Markač was the commander of Croatian Special Police. The Appeals Chamber upheld the earlier decision by reasoning that the alleged crimes took place in the same geographic area, in the same time period and in the course of the same military operation and that they were committed pursuant to the same joint criminal enterprise of which all three accused are alleged to have been members....The accused are charged with participation in a joint criminal enterprise the purpose of which was the permanent removal of the Serb population from the Krajina region of Croatia by force, fear or threat of force, persecution, forced displacement, transfer and deportation, appropriation and destruction of property or other means. Specifically, Gotovina, Čermak and Markač are charged with murder, persecutions, deportation and forcible transfer, plunder of public and private property, wanton destruction of cities, towns or villages and inhumane acts and cruel treatment."

The Trial Chamber Grants Prosecution's Motion To Amend The Indictment In The Haradinaj Case (26 October 2023):

From the ICTY: "The Tribunal's Trial Chamber II yesterday granted the Prosecution's motion to amend the indictment against Ramush Haradinaj, former senior commander of the Kosovo Liberation Army (KLA), and Idriz Balaj and Lahi Brahimaj, former members of the KLA . The accused are charged with participation in a joint criminal enterprise the purpose of which was the consolidation of total control of the KLA over its operational zone of Dukagjin by attacking and persecuting certain sections of the civilian population there, namely by unlawfully removing Serb civilians from that area, and forcibly and violently suppressing any real or perceived form of collaboration with the Serbs by Albanian or Roma civilians there. The criminal purpose included the intimidation, abduction, imprisonment, beating, torture and murder of targeted civilians. The specific charges against the accused include murder, rape, harassment, inhumane acts, destruction of property, unlawful detention, deportation or forcible transfer of civilians, cruel treatment and other inhumane acts. The amendments are contained in counts 35, 37, 38 and 39 of the indictment and refer specifically to several additional ways in which the alleged mistreatment of a witness is said to have occurred, as well as an event in which two other persons were mistreated, and a small group of individuals was forcibly displaced. In allowing the amendments, the Trial Chamber ruled that the changes will not cause prejudice to the accused or delay proceedings unduly. Due to the fact that the amendments constitute new charges, a further initial appearance will be scheduled in due course."

• Full-Text of Decision

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar
ICTR Newsletter (September 2006)

Latest Decisions:

• Nahimana et al ., Office of the President, "DECISION ON REQUESTS FOR REVERSAL OF PROHIBITION OF CONTACT," 25 October 2023 (denying request of Hassan Ngeze to lift restrictive measures on "contact with the outside world," which were imposed after Ngeze previously violated a witness protection order)
• Bagosora et al., "DECISION ON KABILIGI MOTION FOR COOPERATION OF THE GOVERNMENT OF FRANCE AND SUBPOENA OF FORMER OFFICERS," 31 October 2023 (requesting the Government of France "to comply immediately with its commitment to provide written answers to the questionnaires to each of the four prospective witnesses" and "to complete the procedures prescribed by its own law as expeditiously as possible, in light of the calendar described in the present decision" and denying the request for subpoenas and a specific hearing schedule as premature)

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

• Decision on Fofana request for full review of Prosecution evidence to identify Rule 68 material for disclosure (6 November 2023)
  

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

• Defence Testimony Ends in AFRC Accused Trial.(27 October 2023)

Prosecutor v. Charles Taylor

• Decision on urgent Prosecution motion for immediate protective measures for witnesses and non-public disclosure (3 November 2023)
  

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (October 2006)

Chad and Montenegro become the 103rd and 104th States Parties to the Rome Statute (7 November 2023)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

• Prosecutor's Expedited Application for Leave to reply to Ad Hoc Counsel's "Conclusions Aux Fins D'Exception D'Incompétence et D'Irrecevabilité" (27 October 2023)
• Decision on the Prosecutor's request to file a reply (30 October 2023)
• Décision relative aux "Conclusions aux fins d'in limine litis sursis à statuer" déposées par le conseil ad hoc de la Défense (2 November 2023)
• Requête sollicitant l'autorisation d'interjeter appel à l'encontre de la décision rendue le 02/11/2023 sur les conclusions in limine litis sursis à statuer (6 November 2023)
• Prosecutor's response to "Requête sollicitant l'autorisation d'interjeter appel à l'encontre de la décision rendue le 02/11/2023 sur les conclusions in limine litis sursis à statuer" (7 November 2023)

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
• Statement by the Chief Prosecutor Luis Moreno-Ocampo on the confirmation of the death of Raska Lukwiya (7 November 2023)

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Defence Appeal Against the "Décision sur la demande de mise en liberté provisoire de Thomas Lubanga Dyilo" (26 October 2023)
• Defence Appeal against the Decision on the Defence Challenge to Jurisdiction of 3 October 2023 (26 October 2023)
• Prosecution's Response to Defence Appeal Against the 'Décision sur la demande de mise en liberté provisoire Thomas Lubanga Dyilo' (1 November 2023)
• Décision sur la demande d'autorisation d'appel de la Défense relative à la transmission des Demandes de participation des victimes (6 November 2023)
• Decision concerning list of issues on jurisdiction, admissibility or proper conduct of the proceedings (7 November 2023)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Developments:

• Statement by Mr Rüdiger Wolfrum, President of the International Tribunal for the Law of the Sea, to the Sixth Committee of the General Assembly of the United Nations, New York (20 October 2023)
• Statement by Mr Rüdiger Wolfrum, President of the International Tribunal for the Law of the Sea, to the Informal Meeting of Legal Advisers of Ministries of Foreign Affairs, New York (23 October 2023)
• The Tribunal holds its first regional workshop in Dakar (6 November 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)

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:

• Justice Hassan B. Jallow, Chief Prosecutor, ICTR, "The Emerging International Criminal Justice System: Impact on the Fight Against Impunity" (.doc)
• Justice Hassan B. Jallow, Chief Prosecutor, ICTR, "The ICTR and the Challenge of Completion" (.doc)

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

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

Report of the International Criminal Court for 2005-2006

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

Situations & Cases:

Situation in Dafur, Sudan

• Observations of the United Nations High Commissioner from Human Rights invited in Application of Rule 103 of the Rules of Procedure and Evidence (10 October 2023)
• Prosecutor's response to Arbour's observations of the United Nations High Commissioner for Human Rights invited in Application of Rule 103 of the Rules of Procedure and Evidence (19 October 2023)

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

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Decision concerning the Prosecutor Proposed Summary Evidence (4 October 2023)
• Decision on the Prosecution's Application of 5 October 2023 (5 October 2023)
• Prosecution's Response to the Defence Request for Interim Release (9 October 2023)
• Prosecution's Observations on the Applications for Participation of Applicants a/0053/06 to a/0063/06 and a/0071/06 (12 October 2023)
• Observations de la Défense sur les demandes de participations à la procédure a/0053/06 à a/0063/06 et a/0071/06 (12 October 2023)
• Judgment on the Prosecutor's appeal against the decision of Pre-Trial Chamber I entitled "Decision Establishing General Principles Governing Applications to Restrict Disclosure pursuant to Rule 81 (2) and (4) of the Rules of Procedure and Evidence" (13 October 2023)
• Formatted and Redacted Version of the Prosecution's Observations on the Applications for Participation of Applicants a/0072/06 to a/0080/06 and a/0105/06 (19 October 2023)
• Decision on Defence's request of 16 October 2023 (20 October 2023)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

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

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)

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

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)

Latest Decisions

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

Case Resources:

The Civil Defence Forces (CDF) Accused

• Decision on Kondewa application for leave to call one additional witness (3 October 2023)

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

• Decision on confidential Prosecution motion to reopen the Prosecution case to present an additional Prosecution witness (28 September 2023)

Prosecutor v. Charles Taylor

International Criminal Court (ICC)

Hearing Schedule

Colloquium of international prosecutors in The Hague on 6 and 7 October 2023 (26 September 2023)

Situations & Cases:

Situation in Dafur, Sudan

• Decision on the Request for an Extension of Time (22 September 2023)

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Decision establishing a Deadline in Relation to the Defence Request for the Interim Release of Thomas Lubanga Dyilo (22 September 2023)
• Decision on Prosecution's Response to Thomas Lubanga Dyilo's 21 September 2023 Request for Leave to Appeal (25 September 2023)
• Provision of Summary Evidence to the Pre-Trial Chamber (25 September 2023)
• Decision on Request pursuant to Rule 103 (1) of the Statute (26 September 2023)
• Decision on Second Defence Motion for Leave to Appeal (28 September 2023)
• Decision on the Defence Challenge to the Jurisdiction of the Court pursuant to article 19 (2) (a) of the Statute (3 October 2023)
• Decision on Third Defence Motion for Leave to Appeal (4 October 2023)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Proceedings and Judgments - Procedure

The Tenth Anniversary of the International Tribunal for the Law of the Sea (29 September 2023)

International Courts & Tribunals at a Glance (No. 16)

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)

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 (20 September 2024)

Appeals Withdrawn in Pavle Strugar Case (18 September 2024)

From the ICTY: "Both the prosecution and the defence in the case of Pavle Strugar, a former Yugoslav People's Army General charged with crimes in against the Croatian city of Dubrovnik in 1991, have withdrawn their appeals against the Trial Chamber's judgement. The Prosecution based its withdrawal, filed on 15 September 2006, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik."

ICRC Delegation visits ICTY Detention Unit (20 September 2024)

From the ICTY: "A delegation of the International Committee of the Red Cross today concluded a visit of the Tribunal's Detention Unit. The visit in which the delegates concentrated on several matters of humanitarian concern was conducted in accordance with Rule 36 of the Tribunal's Rules of Detention. The ICTY Detention Unit is subject to frequent visits by the ICRC, pursuant to the agreement between the ICTY and ICRC made in May 1995. The agreement, formalized in the exchange of letters between the then ICTY President, Antonio Cassese, and the ICRC President, Cornelio Sommaruga, appointed ICRC as the inspection authority for the ICTY Detention Unit. The latest visit to the Tribunal's Detention Unit is the second conducted by the ICRC during 2006. The ICRC is internationally recognized for its independent work in monitoring detention facilities in order to ensure that detained persons are treated humanely and in accordance with the highest international standards."

• ICTY's Rules of Detention

Pavle Strugar Case Concludes (20 September 2024)

From the ICTY: "The Appeals Chamber today declared proceedings closed in the case against Pavle Strugar, a former Yugoslav People's Army(JNA) General charged with crimes in the Croatian city of Dubrovnik in 1991. In the decision, the Appeals Chamber accepted the withdrawal by both the defence and prosecution of their appeals in the case, filed 15 September 2006. The Prosecution based its withdrawal, on "the exceptional humanitarian circumstances pertaining to Pavle Strugar, in particular his advanced age, poor state of health and general condition". The move immediately followed the withdrawal of the defence's appeal against the sentence. On 31 January 2005, Strugar was found guilty and sentenced to eight years by a Trial Chamber for attacks on civilians; destruction or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works or art and science, all in relation to JNA's attack on Dubrovnik in 1991. According to the judgment, Strugar had both legal and effective control of the JNA forces who conducted the military action at Dubrovnik, including the shelling of the Old Town of Dubrovnik. With the withdrawal of the prosecution's appeal, Strugar's sentence of eight years imprisonment has become definitive. Strugar will in due course be transferred to serve his sentence."

• Full-Text of Decision

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)

Latest Decisions

Judge Robert Fremr Sworn (15 September 2024)

From the ICTR: "Judge Robert Fremr (Czech Republic) was sworn in as ad litem judge at a ceremony held today at the International Criminal Tribunal for Rwanda. The ceremony was administered by the Tribunal’s President, Judge Erik Møse and witnessed by the Registrar, Mr. Adama Dieng, representing the United Nations Secretary-General. Judge Fremrreplaces Judge Flavia Lattanzi ( Italy). Before joining the ICTR, Judge Fremr(49) was a Judge of the Supreme Court of the Czech Republic (from 2004). Before that, he was a Judge at the High Court in Prague (Penal Section), where he served since 1989 as Judge and in 1992 became Presiding Judge. He was also the Chairman of the Appellate Panel of the High Court (Penal Section). Previously, Judge Fremr was a Judge of the Court of Appeal in Prague (Penal Section) since 1986, and a Judge of the District Court in Prague from 1983 to 1986. Judge Fremr has also been a teacher of Criminal Law at the Faculty of Law of Charles University in Prague, and a lecturer on Human Rights at courses for judicial practitioners and judges, organized by the Judicial Academy of the Ministry of Justice of the Czech Republic."

TRIAL OF SINGER BIKINDI BEGINS (18 September 2024)

From the ICTR: "The trial of well known singer and composer of popular music, Simon Bikindi, 52, today commenced before newly composed Trial Chamber III, comprising of Judges Inés Mónica Weinberg de Roca, presiding, Florence Rita Arrey and Robert Fremr. Bikindi was also an official in Ministry of Youth and Sports and a member of the Mouvement Républicain National pour le Développement et la Démocratie (MRND) political party in Gisenyi prefecture. In his opening statement the Prosecutor, Hassan Bubacar Jallow stated that Bikindi through the lyrical content of his music, consciously and deliberately assisted in executing the plan to exterminate Tutsis. The vehicle was his music whereby the youth including members of his ballet, were mobilised to commit atrocities and join the Interahamwe. In addition it was alleged that Bikindi was aware of the powerful messages of hate in his music and used his fame to promote hatred and death. Justice Jallow stated that Bikindi not only contributed to the atrocities through his music but partook in the extermination plan himself. It was explained that the witnesses in the case would include survivors, victims and accomplices. The Prosecution further called its first witnesses. The accused made his initial appearance before the Tribunal on 04 April 2002. In the amended indictment dated 15 June 2005, Bikindi was charged with six counts: conspiracy to commit genocide; genocide; or alternatively complicity in genocide; direct and public incitement to commit genocide; murder as a crime against humanity; and persecution as a crime against humanity. Bikindi has pleaded not guilty to all the counts. The accused, who was also the director of the performance group ‘Irindiro Ballet’ allegedly, conspired with the political leadership of MRND to eliminate the Tutsi population. Prior to the events of April 1994, Bikindi reportedly participated in the recruitment and training of the Interahamwe militias knowing these activities were aimed at the eradication of Tutsi’s. The accused was arrested in the Netherlands on 12 July 2024 and transferred to the Tribunal’s detention facility (UNDF) on 27 March 2002. The accused is represented by Wilfred Nderitu (Kenya) and Jean de Dieu Momo (Cameroon)."

André Rwamakuba Not Guilty on All Charges (20 September 2024)

From the ICTR: "Trial Chamber III of the International Criminal Tribunal for Rwanda today unanimously acquitted André Rwamakuba, the former Minister of Primary and Secondary Education in the 1994 Interim Government , of all charges brought against him. Rwamakuba was charged with genocide, or alternatively, complicity in genocide, and extermination and murder as crimes against humanity for specific acts allegedly committed between 6 and 30 April 2024 in Gikomero commune and at Butare University Hospital. The Accused pleaded not guilty to all counts. His Defence did admit that genocide occurred in Rwanda in 1994 and that massacres were committed in these locations but disputed the Accused’s involvement in any of the crimes alleged in the Indictment. In its Judgement, the Chamber found that the evidence did not prove beyond a reasonable doubt the charges against Rwamakuba. The Chamber was convinced that the testimony of Prosecution witnesses was mainly indirect and hearsay evidence and undermined by significant credibility and reliability issues. Furthermore, the Chamber heard testimony from Defence witnesses, including Tutsis survivors, that the Accused was not present at the time and location of the events and was not involved in the massacres that took place in Gikomero commune and at Butare University Hospital in April 1994. During the course of the trial, the Prosecution invited the Chamber to hold the Accused, as a member of the Interim Government, liable for failing to denounce the crimes committed against the Tutsi, for not dissociating himself from the Government or for failing to discharge his duties as Minister. The Chamber found that the Prosecution had not properly pleaded this charge. It also noted that in any event, the Prosecution did not adduce any evidence as regard to what the Accused could or should have done as Minister or what he failed to do."

• THE PROSECUTOR v. André RWAMAKUBA, Case No. ICTR-98-44C-T, JUDGEMENT, 20 September 2024
• Prosecutor v. André Rwamakuba, Case No. ICTR-98-44C-I, Summary of Judgement, 20 September 2024

Commencement of Trial on 25 September 2023 in the Case of The Prosecutor v. Simeon Nchamihigo before Trial Chamber III (21 September 2023)

From the ICTR: "On Monday 25 September 2006, the trial of The Prosecutor v. Simeon Nchamihigo, former Substitut du Procureur de la République in Cyangugu préfecture, will commence before Trial Chamber III from 08:45 hrs to 12:30 hrs, composed of Judges Dennis Byron, presiding, Gberdao Gustave Kam and Robert Fremr. The opening of the trial will be broadcast live via our satellite."

• ICTR Satellite Service
  

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 15 September 2024

Case Resources:

The Civil Defence Forces (CDF) Accused

• Decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)
• Dissenting opinion of Hon. Justice Robertson on decision on interlocutory appeals against Trial Chamber decision refusing to subpoena the President of Sierra Leone (11 September 2024)
• Decision on Norman request to admit documents in lieu of testimony of Abdul-One Mohammed pursuant to Rules 89(C) and 92bis (September 15 2006)
• Decision on Kondewa application for leave to call additional witnesses (20 September 2024)
  

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

• Decision on joint Defence application for protective measures for Defence witnesses appearing from 4 September 2024 onwards (13 September 2024)
• Decision on Prosecution motion for relief in respect of violations of Trial Chamber's decision of 9 May 2024 (14 September 2024)

Prosecutor v. Charles Taylor

• Decision on urgent Prosecution motion for immediate protective measures for witnesses and for non-public disclosure (15 September 2024)
  

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (July 2006)

The Office of the Prosecutor, Report on the activities performed during the first three years (June 2003 – June 2006), 12 September 2024

The Office of the Prosecutor, Report on Prosecutorial Strategy, 14 September 2024

Situations & Cases:

Situation in Dafur, Sudan

• Request for an Extension of Time (12 September 2024)
• Décision du Greffier relative à la nomination de Me Hadi Shalluf en qualité de conseil ad hoc de la Défense [French only] (25 August 2024 made available 20 September 2024)
  

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen
• Order to the Registrar and the Prosecutor for the submission of information on the status of the execution of the warrants of arrest in the situation in Uganda (15 September 2024)
  

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Defence Response to of the Women's Institute for Gender Justice to Participate as an Amicus Curiae (19 September 2024)
• Decision on a General Framework concerning Protective Measures for Prosecution and Defence Witnesses (19 September 2024)
• Décision sur le report de l'audience de confirmation des charges [French only] (20 September 2024)
• Corrigendum to Annex 1 of Décision sur le report de l'audience de confirmation des charges [English, Letter to Prosecutor from Women’s Initiatives for Gender Justice] (8 September 2024)
  

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

Statement of the President on the occasion of the Tenth Anniversary Ceremony at the Vertretung der
Freien und Hansestadt Hamburg, Berlin (18 September 2024)

Ceremony to celebrate the Tenth Anniversary of the Tribunal held in Berlin (19 September 2024)

Mr Philippe Gautier re-elected Registrar of the Tribunal (19 September 2024)

International Courts & Tribunals at a Glance (No. 15)

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)

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 (12 September 2024)

Prosecutor at OSCE Permanent Council Urging End to War Crime Impunity Gap (7 September 2024)

From the ICTY: "The Tribunal's Prosecutor, Carla Del Ponte, today addressed the Permanent Council of the OSCE, using the opportunity to stress the importance of the continuing cooperation between the trans-Atlantic body and the ICTY. Chief among the issues raised was her proposal for further efforts to deal with the impunity gap that refers to war crimes which can neither be prosecuted at the ICTY due to the completion strategy nor by the judiciaries in the states of former Yugoslavia due to legislative obstacles such as the ban on the extradition of nationals. The Prosecutor suggested that, in order to close the impunity gap, it is necessary to have the political will to change relevant pieces of legislation so as to allow for the extradition of nationals and, or, the transfer of all proceedings without limitations. In this regard she referred to the recently introduced European Arrest Warrants which enable EU member-states to extradite their nationals to other EU States if they have committed crimes there. Del Ponte further proposed additional steps which may be taken by the OSCE and the countries concerned together with the European Commission and the Council of Europe to raise awareness of the concrete problems associated with the impunity gap."

• Full-Text: Address by Carla Del Ponte, Prosecutor of the International Criminal Tribunal for the former Yugoslavia, Permanent Council of the OSCE, 7 September 2024

Domagoj Margetic Charged With Contempt of the Tribunal (11 September 2024)

From the ICTY: "The Tribunal today confirmed an indictment charging the Croatian journalist Domagoj Margetic with contempt of the Tribunal for publishing the identities of protected witnesses. Margetic, a freelance journalist from Croatia, is accused of revealing the names of witnesses who testified in the Tribunal case against the Bosnian Croat General Tihomir Blaskic. He did so by publishing lists on his personal website between 7 July and 2 August 2024 despite receiving explicit advance warning that the material was confidential and subject to court orders which prohibited publication. The indictment states that, through his actions, Margetic 'undermines confidence in the Tribunal's ability to grant effective protective measures' and by such acts he "interfered with witnesses who have given, or are about to give evidence"."

• Full-Text: Prosecutor v. Domagoj Margetic, Indictment, Case No. IT-95-14-R77.6, 30 August 2024
  

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (August 2006)

Latest Decisions

Jean Mpambara Not Guilty on All Charges (12 September 2024)

From the ICTR: "Trial Chamber I of the International Criminal Tribunal for Rwanda today acquitted Jean Mpambara, the former bourgmestre of Rukara Commune in Kibungo Prefecture, of all charges brought against him. Mpambara was charged with genocide and extermination for his alleged involvement in attacks at three different locations in his Commune. He was not alleged to have killed anyone himself, but the Indictment charges that he had instigated and supported the attacks. In legal terms, this assistance was characterized as aiding and abetting, and participating in a joint criminal enterprise. The Chamber found that the evidence did not prove beyond a reasonable doubt that Mpambara ever instigated or positively assisted the attackers. The testimony of those incidents was, with one exception, uncorroborated and undermined by significant credibility issues. Furthermore, the Chamber heard extensive testimony from Defence witnesses, some of whom were Tutsis or resident expatriates, that the Accused had publicly opposed the violence and that he did all he could with the limited resources at his disposal to deter the attacks. Evidence was also heard that while fleeing Rwanda with other refugees in mid-April, Mpambara issued identity cards marked “Hutu” to Tutsis so that they could pass through roadblocks unmolested. The Prosecution alleged that the inaction of the Accused on certain occasions proved that he was in league with the attackers. Mpambara testified that his inaction was due, rather to a lack of resources in the face of increasingly well-armed and numerous attackers. The Chamber found that the inaction of the Accused on those occasions did not show that he was a participant in a joint criminal enterprise, or that he had aided and abetted the attackers. In fact, the Chamber heard significant evidence suggesting that Mpambara had made efforts to prevent the violence and that his resources were limited."

• Summary of Judgement, The Prosecutor v. Jean Mpambara, Case No. ICTR-01-65-T.
• Judgement, THE PROSECUTOR v. Jean MPAMBARA, Case No. ICTR-01-65-T, 11 September 2024.

Tharcisse Muvunyi Sentenced to 25 Years Imprisonment (12 September 2024)

From the ICTR: "Trial Chamber II of the International Criminal Tribunal for Rwanda found today Lieutenant Colonel Tharcisse Muvunyi the former Commander of the Rwandan military school, Ecole des Sous-officiers (ESO), guilty of genocide and crimes against humanity (other inhumane acts). Meanwhile, the Trial Chamber found him not guilty of crimes against humanity (rape) and dismissed the alternative charge of complicity in genocide, and sentenced him to 25 years of imprisonment. The Chamber also ruled that the accused shall receive credit for time served since his arrest on 5 February 2000. For purposes of sentencing the accused, the Chamber composed of Judges Asoka de Silva presiding, Flavia Lattanzi and Florence Rita Arrey considered as aggravating factors: the ethnic separation and subsequent killing of orphan children at the Groupe scolaire by soldiers under the command of the Accused in collaboration with civilian militia; the fact that the Accused chastised the bourgmestre of Nyakizu Commune for hiding a Tutsi man and that pursuant to his instructions, the said man was produced and killed by an armed Hutu mob. As mitigating factors the Chamber has considered: the good character of the Accused prior to 1994; his position as a husband and father of three children; and the fact that he spent most of his life working for the defence of his country; many witnesses portrayed the Accused as a highly respected individual and devoted worshipper. The chamber has heard evidence indicating that prior to 1994 the accused never discriminated against anyone on the basis of ethnicity. In its Judgment, the Chamber said that the Accused had reason to know about the attacks perpetrated in his commune. Despite his superior military position over the said soldiers, he failed to do anything to prevent the attack or punish the soldiers’ murderous conduct. The Chamber also held that the Prosecution had proved beyond reasonable doubt that in May 1994, Muvunyi addressed a public meeting attended by about one thousand mainly Hutu. During his speech, the Accused called for the killing of Tutsis, the destruction of Tutsi property, associated Tutsis with the enemy, and denigrated Tutsi people by referring to them as snakes. The Chamber was therefore satisfied that Muvunyi’s audience understood his words. T he Chamber found the Accused, Tharcisse Muvunyi, guilty of direct and public incitement to commit genocide."

• Summary of Judgement, PROSECUTOR v. Tharcisse MUVUNYI Case No. ICTR-2000-55A-T, 12 September 2024.

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ending 8 September 2024

Case 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 (July 2006)

ICC Assembly of States Parties, 5th Session, "Informal inter-sessional meeting of the Special Working Group on the Crime of Aggression," 5 September 2024.

Situations & Cases:

Situation in Dafur, Sudan

• Prestations de serment par Maître Hadi Shalluf (8 September 2024) (French Only)
• Prosecutor's Response to Cassese's Observation on Issues Concerning the Protection of Victims and the Preservation of Evidence in the Proceedings on Darfur Pending before the ICC (11 September 2024)

Situation in Central African Republic

Situation in Uganda

• The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen

Situation in Democratic Republic of Congo

• The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)
• Defence Observations Relative to the Proceedings and Manner of Participation of Victims a/0001/06 to a/0003/06 (4 September 2024)
•  Prosecution's 25 August 2024 Observations on the Applications for Participation of Applicants (6 September 2024)
• Decision on Thomas Lubanga Dyilo's Application for Referral to the pre-Trial Chamber/in the Alternative, Discontinuance of Appeal (6 September 2024)
• Decision on the Prosecution deadline of 12 September 2024 and the Defence deadline of 12 September 2024 (11 September 2024)
•  Information following the Pre-Trial Chamber's Decision on the Prosecution deadline of 12 September 2024 and the Defence deadline of 12 September 2024 (12 September 2024)