ICC Prosecutor Statement to the United Nations Security Council on the situation in the Libyan Arab Jamahiriya, pursuant to UNSCR 1970 (2011)

The Prosecutor of the ICC, Mr Luis Moreno Ocampo, made a statement before the Security Council on 16 May 2012 with regard to the situation in Libya. For the full text of his statement click here. The full text of the third report of the OTP to the Security Council of the United Nations is [...]

The OTP position on complementarity – International Criminal Court ‐ Pacific Outreach Roundtable (Sydney, 16 February 2012)

In speaking about the Office of the Prosecutor’s (OTP) experience in respecting complementarity at the International Criminal Court ‐ Pacific Outreach Roundtable in Sydney, the Prosecutor-elect, Ms Fatou Bensouda stated that the Court will only do a few cases. She emphasized that conducting these cases according to the highest international legal standards is important. Ms [...]

Russia calls on ICC to consider NATO air campaign in Libya

MOSCOW, May 18 – . Russia hopes that the International Criminal Court will assess all of the NATO bombardments in Libya that resulted in civilian casualties, Foreign Ministry Commissioner for Human Rights and Democracy Konstantin Dolgov said on Friday. He added that Russia has closely studied Human Rights Watchs report, “Unacknowledged Deaths: Civilian Casualties in [...]

Mladic to face genocide charges

Ratko Mladic led ethnic cleansing, war crimes trial told BBC’s Mike Wooldridge: “The prosecutor said Ratko Mladic was implementing a plan to exterminate non-Serbs” Former Bosnian Serb army commander Ratko Mladic intended to “ethnically cleanse” Bosnia, the opening day of his war crimes trial has heard. Gen Mladic faces 11 counts of war crimes and [...]

Kuala Lampur Tribunal: Former US President Bush Guilty of War Crimes

Today, Friday 18 May 2012, Former US President George W. Bush and seven members of his administration, including Dick Cheney, Donald Rumsfeld and their legal advisers Alberto Gonzales, David Addington, William Haynes, Jay Bybee and John Yoo – were found guilty of war crimes following their trial in abstentia by the Kuala Lumpur War Crimes Commission (KLWCC) – a non-governmental [...]

Libya Challenges Admissibility under Article 19 of the ICC Statute in the case of Saif Al-Islam Gaddafi

Today the government of Libya, represented by Professor Philippe Sands QC, Professor Payam Akhavan and Ms Michelle Butler, filed a submission with the International Criminal Court (ICC) pursuant to Article 19 of the ICC Statute (click here for the full text). The application was brought under Article 19(2)(b) of the Rome Statute, to challenge the [...]

2012 International Criminal Court Summer School

Since I attended the International Criminal Court Summer School myself, I feel particularly pleased to make the following announced, on behalf of Rhonda Ferguson, for this year’s edition of this excellent summer course: The Irish Centre for Human Rights is pleased to announce the eleventh annual International Criminal Court Summer School to take place June 18-22, [...]

Trial Chamber I Order on the applications by victims to participate and for reparations in the Lubanga case

In November 2011, the Registry of the ICC requested Trial Chamber I instructions on victim’s applications for participation and reparations in the Lubanga case. The Registry had received 27 new applications to participate in the proceedings and 25 new applications for reparations, which appeared to be linked to the case. Trial Chamber I issued its [...]

IHL Experts Analyze the Legal Issues and Implications of the Gotovina Trial Judgment

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 [...]

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 [...]

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