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The ICTY press releases related to these events are available here (24 April 2012) and here (27 April 2012). They are reproduced here below with some small changes. The Residual Mechanism has a roster of 25 judges who will serve both branches of the Mechanism as set out in the Statute. These judges were elected [...]
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This is the title of a short working paper of mine recently published in the Oxford Transitional Justice Working Paper Series, which aims to provide an overall assessment of the transitional justice processes in the countries emerging from the violent break-up of the former Yugoslavia by focusing on the issues of reparations for victims of the [...]
Filed under: Ad hoc tribunals, Human Rights, International and national law, International Humanitarian Law, international justice, Responsibility to protect, United Nations | Leave a Comment »
Over the last few months there have been a number of decisions by the ICTY in cases involving contempt of the Tribunal. Cases of contempt of the Tribunal fall under Rule 77 of the ICTY Rules of Procedure and Evidence, entitled ‘Contempt of the Tribunal’. Part of this Rule, which has been amended several times [...]
Filed under: Ad hoc tribunals, International Courts, United Nations | 2 Comments »
On 4 November 2011, the International Humanitarian Law Clinic at Emory Law School convened a group of well-known military operational law experts with extensive experience in applying and enforcing IHL. The meeting was convened to analyze the broader legal issues in and implications of the recent judgment of the International Criminal Tribunal for the former [...]
Filed under: Ad hoc tribunals, International Criminal Law, International Humanitarian Law, United Nations | 1 Comment »
In December 2011 the ICTY Registry launched a dedicated web feature (within the ICTY website) to provide a better understanding of the role and functions of the future Residual Mechanism of the Tribunal. The Residual Mechanism of the ICTY is meant to continue the important work which needs to be carried out once the Tribunal completes [...]
Filed under: Ad hoc tribunals, International Criminal Law, international justice, United Nations | Tagged: ad hoc tribunals, ICTY, Residual Mechanism, United Nations | Leave a Comment »
The Report of the International Criminal Tribunal for Rwanda for the period from 1 July 2010 to 30 June 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTR, Judge Khalida Rachid Khan. For accessing the full text of the ICTR Annual Report click here. In her speech Judge [...]
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The Report of the International Criminal Tribunal for the former Yugoslavia for the period from 1 August 2010 to 31 July 2011 was presented before the Security Council on 6 June 2011 by the President of the ICTY, Judge Robinson. The report includes an introductory section, followed by sections focusing respectively on the activity involving [...]
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Introduction The ICTY Global Legacy Conference took place in The Hague on 15 and 16 November. It brought together over 350 leading academics, international judges and practitioners, state representatives and members of civil society (see ICTY press release here). The event was nicely organized by the outgoing President Robinson and his team with the financial [...]
Filed under: Ad hoc tribunals, Conference, Europeam Court of Human Rights, Human Rights, International Criminal Law, International Humanitarian Law, international justice, Minority Rights, United Nations | 1 Comment »
It is all over the news that one of two remaining ICTY fugitives, Ratko Mladic, was arrested today in Serbia. It is expected that the legal procedures concerning his transferral to The Hague will take about a week. The first indictment against him was confirmed by Judge Jorda on 25 July 1995, so his arrest [...]
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This information on the Prosecutor v. Gotovina et al. case is extracted from the press release issued today by the ICTY. For more details you can access the whole judgment, Vol. I and Vol. II (running up to 1377 pages); the judgment summary, or the case information sheet. On 15 April Trial Chamber I of the [...]
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In a previous post I drew attention to issues relating to functional immunity for a Defence Counsel practicing before the ICTR. A similar issue has arisen before the ICTY, involving domestic criminal proceedings against an investigator and other members of a Defence team, and seizure of documents and other materials. On 14 February 2011 the [...]
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On 6 October 2010 the ICTR Appeals Chamber released its decision on the request of Aloys Ntabakuze regarding the arrest of his lead counsel, Peter Erlinder. Erlinder was arrested on 28 May 2010 in Kigali, Rwanda, on charges of ‘genocide denial’. At the time of arrest Erlinder was in Rwanda on reasons unrelated to his [...]
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On 23 September 2010 the Appeals Chamber (AC) issued a third corrigendum of its Appeals Judgment in the Haradinaj case (probably alerted about that error by my previous post). The material part of that last corrigendum reads as follows: ‘the fourth sentence of paragraph 43 of the Appeal Judgement shall be amended as follows: The [...]
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Introduction On 21 July 2010 the ICTY Appeals Chamber partially quashed the acquittals of Ramush Haradinaj (Kosovo’s ex-Prime Minister and former commander of the Kosovo Liberation Army (KLA) for the Dukagjin zone), Idriz Balaj (former KLA member, commander of the Black Eagles unit), and Lahi Brahimaj (former deputy commander of the KLA Dukagjin Operative Staff, [...]
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On Saturday 18 April, oral proceedings opened in the Abyei Arbitration between the Government of Sudan and the Sudan People’s Liberation Movement/Army. The case is taking place at the Permanent Court of Arbitration in The Hague. The legal issues raised in the proceedings are relatively familiar to many international lawyers, involving the delimitation and demarcation [...]
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Appreciating that most of our readers would have surely engaged with a considerable amount of coverage on this subject matter I will endeavour to cover some of the issues that arise in the legal aftermath to these tragic events and bring added value mainly by consolidating some of the most noteworthy coverage. There is now [...]
Filed under: Ad hoc tribunals, International Criminal Law, International Humanitarian Law, Middle East Crisis, Public International Law | 6 Comments »
After Ole’s and Valentina’s interesting posts on some of the legal aspects of the ongoing conflict in Gaza I would like to address some points regarding an issue that has been briefly mentioned in those posts and in various other contributions on the same topic, e.g. by Eric Posner, namely the question of the establishment [...]
Filed under: Ad hoc tribunals, International Courts, Middle East Crisis, Public International Law | 1 Comment »
Better late than never: the Bosnian Serb war crimes suspect Radovan Karadžić was captured yesterday. Karadžić was indicted for genocide, complicity in genocide, extermination, murder, willful killing, persecutions, deportation, inhumane acts, unlawfully inflicting terror upon civilians and taking of hostages by the International Tribunal for the former Yugoslavia and there had been an outstanding arrest warrant for [...]
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