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

05/11/2011 – 10:37 am | Comments Off on 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 issues of complementarity, steps taken to track down assets of …

Closing Statements in the Lubanga Case

25/08/2011 – 6:55 pm | One Comment

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 age of 15 years into the Forces patriotiques pour la …

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

10/08/2011 – 9:19 pm | 2 Comments

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, will face a “partial retrial.” Haradinaj’s partial retrial is unique because …

Guest post by Roland Gjoni

10/08/2011 – 8:43 pm | Comments Off on 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, the United Nations Mission in Kosovo, the World Bank, and …

Mladic's arrest and the ICTY completion strategy

26/05/2011 – 1:30 pm | Comments Off on 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 comes almost 16 years after. He is accused of having …

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

18/05/2011 – 6:21 am | Comments Off on 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 rights activist Jaleel Andrabi, who was kidnapped and killed by …

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

15/04/2011 – 10:25 pm | Comments Off on 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 International Criminal Tribunal for the former Yugoslavia (ICTY) convicted two Croatian …

Torkel Opsahl Academic EPublisher

12/04/2011 – 7:07 am | Comments Off on 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/. It is an independent academic publisher of the Forum for International …

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

15/03/2011 – 9:33 am | Comments Off on 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 Sierra Leone on 29 March 2006. Due to …

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

03/11/2010 – 7:09 am | 2 Comments

(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 highly regarded and prolific author, William Schabas, who has been involved …

Functional Immunity for Defence Counsel

10/10/2010 – 12:37 pm | Comments Off on 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 work as Counsel at the ICTR.
On the 15th of June …

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

25/09/2010 – 3:14 pm | 2 Comments

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. C.. This is a part of the preface:

This study emerged …

Corrigendums to the Haradinaj Appeal Judgment

24/09/2010 – 3:04 pm | Comments Off on 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 Trial Chamber was in possession of information indicating that the other witness …

A Critical Assessment of the Appeals Judgment in the Haradinaj Case

17/09/2010 – 5:42 pm | Comments Off on 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, member of the General Staff).  Mr. Haradinaj and Balaj had …

Diamonds, Celebrities and the Charles Taylor trial

09/08/2010 – 8:38 pm | 3 Comments

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 these celebrities stepping into the witness box, it seems that …

New FIDH Report and the Prospects of International Justice

08/08/2010 – 11:37 am | Comments Off on New FIDH Report and the Prospects of International Justice

The International Federation for Human Rights (FIDH), a major umbrella NGO for over 160 different organisations, recently (July 2010) launched “Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms“. The guide is comprised of five sections. Each examines a different type of instrument, including intergovernmental mechanisms, legal options, mediation mechanisms such as the OECD national contact points, complaints mechanisms …

Comment on the Review Conference of the Rome Statute

06/07/2010 – 1:32 pm | One Comment

The following is a commentary by Bukeni Waruzi, Program Manager for Africa and the Middle East, WITNESS, on the recent Review Conference of the Rome Statute.
The Review Conference of the Rome Statute held in Kampala, Uganda from May 31- June 11, 2010 aimed to make critical improvements to the statute on specific issues: to determine the crime of aggression and stocktaking of several areas of …

Sweden and the Universal Periodic Review in the Human Rights Council

05/07/2010 – 11:56 am | 4 Comments

Introduction
During its tenth session the Working Group[1] on the Universal Periodic Review (UPR) in the Human Rights Council (HRC), on 7 May 2010 held its first review of the Swedish human rights record. Sweden had submitted its report on national protection of human rights on 22 February 2010.[2] During the review a number of noteworthy issues were discussed regarding the human rights situation in Sweden, …