International ‘Global Spring’ Assembly releases manifesto in preparation for mass world-wide protests

Global May Manifesto As hundreds of thousands of people around the world prepared to take to the streets throughout May 2012 as part of a global call for change, the International ‘Global Spring’ Assembly released its first statement describing concrete suggestions for a ‘global change’. 11th May 2012 – Published by Occupy London As hundreds [...]

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 [...]

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 [...]

Judges of the International Residual Mechanism Sworn In

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 [...]

The Transitional Justice Process in the Former Yugoslavia: Long Transition, yet not Enough Justice

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 [...]

ICC Renders Its First Verdict: Guilty as Charged

* Based on the ICC Press Release ICC-CPI-20120314-PR776 of 14 March 2012 (available here) Trial Chamber I of the International Criminal Court (ICC) decided unanimously that Thomas Lubanga Dyilo is guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in [...]

Judgements in Lubanga (ICC) and Taylor (SCSL) to be rendered in March and April

Trial Chamber I of the International Criminal Court (ICC) will deliver its decision in the Thomas Lubanga Dyilo case in a public hearing on 14 March 2012 at 10.00 a.m. (The Hague local time). More information on the Lubanga case can be accessed here. The Special Court for Sierra Leone will deliver its judgment in [...]

Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the Occupied Palestinian Territory

Cross-posted from EJIL:Talk!. On 26 December 2011, the Israeli High Court of Justice rendered its judgment in the case concerning Israel’s quarrying activities in the occupied Palestinian territory filed by the Israeli human rights organisation Yesh Din, who demanded that Israel terminate its quarrying activities since they violate Israel’s obligation as an Occupying Power to administer the [...]

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 [...]

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 [...]

Newest elections at the ICC and the ICJ

Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their [...]

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 [...]

Judge Antonio Cassese, RIP

Judge Antonio Cassese, a great international lawyer who gave the tone to developments in international criminal justice since his election as an international judge and the first President of the International Criminal Tribunal for the former Yugoslavia in 1993, has passed away yesterday in his house in Florence, Italy. A few days ago when I [...]

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 [...]

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 [...]

A Critique of ‘Humanitarian’ Interventionism in Libya

Following the questions raised about the discharge of the responsibility to protect by Gentian Zyberi in his recent post on the situation in Libya, and the remarks I previously made on the situation in Egypt and the responsibility of the international community, I would like to draw our readers’ attention to a revealing and insightful [...]

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 [...]

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 [...]

Measures for the Enforceability of State Obligations under the ICCPR: The Case of Israel

In mid July 20210, Israel underwent its third periodic review by the Human Rights Committee as a State party to the ICCPR. As in previous reviews, one of the main issues that came up in Israel’s reporting to the Human Rights Committee is the fact that Israel continues to refuse the application of the Covenant in [...]

UN Reports on Israel Highlight a Manifest Culture of Impunity

On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place [...]

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 [...]

Follow

Get every new post delivered to your Inbox.

Join 85 other followers