December 2011 Resolution by the Assembly of States Parties on State Cooperation with the International Criminal Court

This post draws attention to Resolution ICC-ASP/10/Res.2, on cooperation, adopted by consensus on 20 December 2011 by the Assembly of States Parties of the International Criminal Court during its 7th plenary meeting (10th Session). There are other important resolutions adopted during the 10th Session, including that dealing with reparations (see previous post); amendments to the rule [...]

Pre-Trial Chamber II Issues Confirmation of Charges Decisions in the Kenya Situation

Pre-Trial Chamber II of the International Criminal Court composed of Judges Hans-Peter Kaul, Cuno Tarfusser and Ekaterina Trendafilova (presiding), presented an oral summary of the decisions on confirmation charges pursuant to Article 61(7)(a) and (b) of the Rome Statute in the Kenya situation. The decisions issued concern the charges of the Prosecutor against William Samoei [...]

The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

The important issues dealt with during the Tenth Session of the Assembly of States Parties in New York in late December 2011 include not only the election of the ICC Prosecutor and six judges (see here), but also the adoption of a few important resolutions. This post will discuss Resolution ICC-ASP/10/Res.3 on reparations, adopted by [...]

The ICTY Residual Mechanism

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 [...]

Upcoming conference on the lessons learned from the Lubanga Trial

On March 8-9, 2012, The International Criminal Court Student Network will convene a conference on the ICC’s first case: The case of Thomas Lubanga Dyilo. This conference offers undergraduate, graduate and law students, and early professionals/academics (generally within five years of terminal degree) studying or working in the field of International Criminal Law an opportunity [...]

Callixte Mbarushimana Released from ICC Custody

Callixte Mbarushimana was surrendered to the custody of the ICC by French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane [...]

The former President of Côte d’Ivoire, Laurent Gbagbo, to appear before the ICC

The initial appearance of Laurent Koudou Gbagbo before Pre-Trial Chamber III of the International criminal Court (ICC) is scheduled for Monday, 5 December 2011, at 14:00 (The Hague local time) (see press release here). Mr Gbagbo was transferred to the ICC’s custody on 30 November 2011, in accordance with a warrant of arrest issued (under [...]

ICTY Global Legacy Conference

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 [...]

The ICC and Libya: another test for the complementarity principle?

On 22 November, Pre-Trial Chamber I of the International Criminal Court (ICC) decided to terminate the case against Muammar Gaddafi (for the full text of the decision see here). It remains to be seen whether anyone from the opposing forces will be tried by the Libyan authorities for killing Gaddafi on 20 October after having [...]

The ICC Prosecutor Reports to the Security Council on the Situation in Libya

On 2 November 2011, the ICC Chief Prosecutor, Luis Moreno-Ocampo, reported to the UN Security Council on the situation in Libya. This is an important report because it shows the steps taken so far by the Office of the Prosecutor (OTP or Office) to investigate the crimes committed in Libya, the interaction with Libyan authorities and [...]

Closing Statements in the Lubanga Case

The closing statements in the case Prosecutor v. Thomas Lubanga Dyilo started today, 25 August 2011, before Trial Chamber I of the International Criminal Court (ICC). They will continue tomorrow with the closing statements of the Defence. Thomas Lubanga Dyilo is accused of having committed, as a co-perpetrator, war crimes of enlisting and conscripting children under the [...]

Ramush Haradinaj’s Retrial: Is the ICTY Favoring the Prosecution at the Expense of Justice?

by Roland Gjoni*  The case against Ramush Haradinaj at the International War Crimes Tribunal in The Hague (ICTY) has been in process for seven years. On August 17, 2011, Haradinaj, a senior commander in the Kosovo Liberation Army (KLA) during the armed conflict of Kosovar Albanians against the Serbian military and paramilitary forces in 1998-1999, [...]

Guest post by Roland Gjoni

The International Law Observer is proud to announce a guest post by Roland Gjoni, who is an independent scholar specializing in international law. He was awarded a Fulbright scholarship and completed an LL.M. at Columbia University School of Law in 2005. Since 1999, he has served as a legal adviser to the American Bar Association, [...]

Mladic’s arrest and the ICTY completion strategy

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 [...]

India Army Major Avtar Singh- Perpetrator of Extrajudicial Killing – Roaming Free in California

On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’.  The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]

Judgment rendered by Trial Chamber I in the Gotovina et al. case

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 [...]

Torkel Opsahl Academic EPublisher

Our readers might be interested in the fact that a new publisher, Torkel Opsahl Academic EPublisher (TOAEP), has been established that will focus on publications in international criminal and international humanitarian law. Here is a short description. We are delighted to announce that the Torkel Opsahl Academic EPublisher (TOAEP) has been established and is now operational: http://www.fichl.org/toaep/. [...]

Taylor trial comes to an end – verdict expected in the coming months

Charles Ghankay Taylor, the former President of Liberia, was indicted under seal on 7 March 2003 while in office. The indictment was announced on 4 June 2003 on his first trip outside of Liberia. In August 2003 Taylor resigned as president and went into exile in Nigeria. He was transferred to the Special Court for [...]

William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010

(William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010, ISBN 978-0-19-956073-8, 1336 pp.) Schabas’s Commentary to the Statute of the International Criminal Court (ICC or Court) is an excellent addition to that fine scholarly tradition established by the Oxford Commentaries on International Law. Written by a [...]

Functional Immunity for Defence Counsel

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 [...]

The ICC at Eight: Assessing US policy and international criminal law: reciprocal influences

Patrícia Pinto Soares (European University Institute) has just published her study on ‘The ICC at Eight: Assessing US policy and international criminal law: reciprocal influences’. Her study is the result of the study undertaken during the Calouste Gulbenkian Fellowship carried out at the Center for Transatlantic Relations (CTR), SAIS Johns Hopkins University, in Washington, D. [...]

Corrigendums to the Haradinaj Appeal Judgment

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 [...]

A Critical Assessment of the Appeals Judgment in the Haradinaj Case

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, [...]

Diamonds, Celebrities and the Charles Taylor trial

The courtroom used by the Special Court for Sierra Leone (SCSL) in The Hague (Leidschendam) has rarely, if ever, been so busy with journalists from all over the world following the Charles Taylor trial. The eagerly awaited testimonies of Naomi Campbell and Mia Farrow have been widely broadcast by the international media. Unfortunately however, with [...]

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