Jus cogens: Recent Developments in International Law

Security Council Compendium (No. 20)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

Security Council Resolutions

S/RES/1726 (15 December 2006) The situation in Côte d’Ivoire

Synopsis of Resolution 1726: Acting under Chapter VII of the UN Charter, Resolution 1726 extends the mandate of the United Nations Operation in Côte d’Ivoire (UNOCI) until 10 January 2007.

S/RES/1727 (15 December 2006) The situation in Côte d’Ivoire

Synopsis of Resolution 1727: A Chapter VII resolution, 1727 renews certain provisions of Resolutions 1572 (2004) and 1643 (2005) until 31 October 2007. The pertinent provisions of Resolution 1572 include an arms embargo, a travel ban on designated individuals, and a freeze on designated assets (the travel ban and asset freeze is administered by the Committee established by Resolution 1572). The relevant portion of Resolution 1643 "decides that all States shall take the necessary measures to prevent the import of all rough diamonds from Côte d’Ivoire to their territory," including participation by States in the Kimberley Process Certification Scheme. Resolution 1727 also "demands that all Ivorian parties...provide unhindered access" to the Group of Experts established by Resolution 1643 and to UNOCI and French forces (Resolution 1727 renews the mandate of the Group of Experts for a further 6 months). In Resolution 1727, the Security Council also expresses its intention to review the renewed measures on 31 October 2007 "in the light of progress accomplished in the peace and national reconciliation process in Côte d’Ivoire."

S/RES/1728 (15 December 2006) The situation in Cyprus

Synopsis of Resolution 1728: Welcoming "the observations in the Secretary-General’s report on progress since June," Resolution 1728 reaffirms all relevant resolutions on Cyprus and "expresses its full support for [the United Nations Peacekeeping Force in Cyprus (UNFICYP)], including its mandate in the buffer zone, and decides to extend its mandate for a further period ending 15 June 2007." Resolution 1728 also calls upon "the Turkish Cypriot side and Turkish forces to restore in Strovilia the military status quo which existed there prior to 30 June 2000."

S/RES/1729 (15 December 2006) The situation in the Middle East

Synopsis of Resolution 1729: The Security Council "calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973" and "decides to renew the mandate of the United Nations Disengagement Observer Force for a period of six months, that is, until 30 June 2007."

S/RES/1730 (19 December 2006) General issues relating to sanctions

Synopsis of Resolution 1730: The preamble of Resolution 1730 declares the Security Council's "resolve to ensure that sanctions are carefully targeted in support of clear objectives and implemented in ways that balance effectiveness against possible adverse consequences" and commitment "to ensuring that fair and clear procedures exist for placing individuals and entities on sanctions lists and for removing them, as well as for granting humanitarian exemptions." Accordingly, the operative portion of Resolution 1730 adopts a "de-listing procedure" and "requests the Secretary-General to establish within the Secretariat (Security Council Subsidiary Organs Branch), a focal point to receive de-listing requests and to perform the tasks described in the attached annex" to Resolution 1730, which details the de-listing procedure. The annex itself describes the administrative mandate of the newly created focal point. The annex states that "petitioners seeking to submit a request for de-listing can do so either through the focal point process outlined below or through their state of residence or citizenship." In a footnote to this guideline, the de-listing procedure recognizes that "a State can decide, that as a rule, its citizens or residents should address their de-listing requests directly to the focal point."

S/RES/1731 (20 December 2006) The situation in Liberia

Synopsis of Resolution 1731: After "determining that, despite significant progress having been made in Liberia, the situation there continues to constitute a threat to international peace and security in the region," Resolution 1731 is presented under Chapter VII of the UN Charter. Resolution 1731 renews measures on arms and travel originally promulgated under Resolution 1521 (2003) and modified by Resolutions 1683 (2006). Resolution 1731 also renews measures on diamonds imposed by Resolution 1521 (2003) for another 6 months. The measures renewed specifically include a prohibition on the sale or supply of arms and related materials, a travel ban on individuals, as designated by the 1521 Committee, and a ban on the direct or indirect import of all rough diamonds from Liberia. The arms ban specifically excludes limited supplies of weapons and ammunition for certain Liberian forces, as approved by the 1521 Committee. The renewal of the diamond measures will be reviewed after 4 months "to allow the Government of Liberia sufficient time to establish an effective Certificate of Origin regime for trade in Liberian rough diamonds that is transparent and internationally verifiable, with a view to joining the Kimberley Process." Resolution 1731 notes that the Security Council will review any of these measures at the request of the Government of Liberia, "once the Government reports to the Council that the conditions set out in resolution 1521 (2003) for terminating the measures have been met, and provides the Council with information to justify its assessment." Additionally, Resolution 1731 extends the mandate of the current Panel of Experts appointed pursuant to Resolution 1689 (2006) until 20 June 2007 to assess the implementation of various measures, including Resolution 1521.

S/RES/1732 (21 December 2006) General issues relating to sanctions

Synopsis of Resolution 1732: A 3 sentence resolution, 1732 decides the Informal Working Group on General Issues of Sanctions has fulfilled its mandate "to develop general recommendations on how to improve the effectiveness of United Nations sanctions."

S/RES/1733 (22 December 2006) Tribute to the out going Secretary-General

Synopsis of Resolution 1733: A tribute to Secretary-General Kofi Annan, Resolution 1733 "acknowledges the contribution of Secretary-General Kofi Annan to international peace, security and development, his exceptional efforts to solve international problems in economic, social and cultural fields, as well as his endeavours to meet humanitarian needs and to promote and encourage respect for human rights and fundamental freedoms for all" and "expresses its deep appreciation to Secretary-General Kofi Annan for his dedication to the purposes and principles enshrined in the Charter and to the development of friendly relations among nations."

S/RES/1734 (22 December 2006) The situation in Sierra Leone

Synopsis of Resolution 1734: Extending the mandate of the United Nations Integrated Office in Sierra Leone (UNIOSIL) until 31 December 2007, Resolution 1734 also "endorses" an increase in the the number UNIOSIL personnel "in order to enhance the support provided by UNIOSIL for the [July 2007] elections and its ability to carry out its functions elsewhere in Sierra Leone."

S/RES/1735 (22 December 2006) Threats to international peace and security caused by terrorist acts

Synopsis of Resolution 1735: A Chapter VII Resolution, 1735 "decides that all States shall take the measures as previously imposed" by portions of Resolution 1267 (1999), Resolution 1333 (2000), and Resolution 1390 (2002) "with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the “Consolidated List”)." These measures include a freeze of assets, travel ban, and a ban on the sale or supply of arms and related material. The measures described by Resolution 1735 are substantially similar to those measures provided by Resolution 1390 (2002). However, Resolution 1735 includes: 1) the reminder to all States "of their obligation to freeze without delay the funds and other financial assets or economic resources" of the Consolidated List; 2) "confirms" that the measures of Resolution 1735 "apply to economic resources of every kind;" and 3) "calls upon States to redouble their efforts to implement" Resolution 1735 measures. Resolution 1735 also presents several procedural and administrative directives for listing, delisting, and exemptions under the Consolidated List, which is administered by the 1267 Committee. Additionally, within a section of Resolution 1735 entitled "Measures Implementation," the Security Council stresses that the asset freeze applies "to all forms of financial resources, including but not limited to those used for the provision of Internet hosting or related services, used for the support of Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them." Resolution 1735 also extends the mandate of the 1617 Monitoring Team for a further period of 18 months.

S/RES/1736 (22 December 2006) The situation concerning the Democratic Republic of the Congo

Synopsis of Resolution 1736: A Chapter VII resolution, the Security Council "authorizes, from 1 January 2007 until the expiry of [the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC's)] current mandate on 15 February 2007, an increase in the military strength of MONUC of up to 916 military personnel, to allow for the continued deployment to MONUC of the infantry battalion and the military hospital currently authorized under the [United Nations Operation in Burundi (ONUB)] mandate and expresses its intention to examine this issue further before 15 February, in the context of the Secretary General’s forthcoming proposals, with a view to ensuring that MONUC has adequate capabilities to perform its mandate."

S/RES/1737 (23 December 2006) Non-proliferation

Synopsis of Resolution 1737: A Chapter VII resolution, specifically promulgated under Article 41 of Chapter VII, 1737 provides a number of measures in regards to Iran's nuclear activities. These measures include a suspension of certain "proliferation sensitive nuclear activities," several prohibitions on all States in regards to Iran's nuclear activities, a freeze on those assets supporting or associated with Iran's proliferation sensitive nuclear activities, the establishment of an oversight committee, and the establishment of a deadline for Iran to comply with the resolution.

Suspension of "proliferation sensitive nuclear materials"

In the context of the steps required of Iran by the IAEA Board of Governors in its resolution GOV/2006/14, Resolution 1737 instructs Iran that it "shall without further delay suspend the following proliferation sensitive nuclear activities: (a) all enrichment-related and reprocessing activities, including research and development, to be verified by the IAEA; and (b) work on all heavy water-related projects, including the construction of a research reactor moderated by heavy water, also to be verified by the IAEA."

Sanctions

Resolution 1737 imposes several obligations on all States in relation to Iran's nuclear activities. These measures include the directives: 1) "that all States shall take the necessary measures to prevent the supply, sale or transfer directly or indirectly from their territories...of all items, materials, equipment, goods and technology which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems" 2) "that all States shall also take the necessary measures to prevent the provision to Iran of any technical assistance or training, financial assistance, investment, brokering or other services, and the transfer of financial resources or services, related to the supply, sale, transfer, manufacture or use of the prohibited items, materials, equipment, goods and technology"; and 3) "all States shall notify the Committee of the entry into or transit through their territories of the persons...engaged in, directly associated with or providing support for Iran’s proliferation sensitive nuclear activities and for the development of nuclear weapon delivery systems."

An additional measure includes "that all States shall freeze the funds, other financial assets and economic resources which are on their territories at the date of adoption of this resolution or at any time thereafter, that are owned or controlled by the persons or entities designated" in the Annex to Resolution 1737, by the Security Council, or by the Committee "as being engaged in, directly associated with or providing support for Iran’s proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems."

Establishment of the 1737 Committee

Pursuant to rule 28 of the Security Council's provisional rules of procedure, Resolution 1737 establishes a Committee to monitor and implement the terms and conditions of Resolution 1737 and report at least every 90 days.

Request of IAEA Report and Further Measures

Resolution 1737 also requests the IAEA to report within 60 days "on whether Iran has established full and sustained suspension of all activities mentioned in this resolution, as well as on the process of Iranian compliance with all the steps required by the IAEA Board and with the other provisions of this resolution." In light of this report, the measures of 1737 will be suspended "if and for so long as Iran suspends all enrichment-related and reprocessing activities, including research and development," and the measures will be terminated once "Iran has fully complied with its obligations under the relevant resolutions of the Security Council and met the requirements of the IAEA Board of Governors." In the event the IAEA report indicates that Iran has not complied with Resolution 1737, the Security Council shall "adopt further appropriate measures under Article 41 of Chapter VII of the Charter of the United Nations to persuade Iran to comply with this resolution and the requirements of the IAEA, and underlines that further decisions will be required should such additional measures be necessary."

S/RES/1738 (23 December 2006) Protection of civilians in armed conflict

Synopsis of Resolution 1738: In 1738, the Security Council "condemns intentional attacks against journalists, media professionals and associated personnel, as such, in situations of armed conflict, and calls upon all parties to put an end to such practices" and recalls "that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians." These sentiments continue for the duration of the resolution, which include a recollection of the demand "that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel." Lastly, Resolution 1738 "requests the Secretary-General to include as a sub-item in his next reports on the protection of civilians in armed conflict the issue of the safety and security of journalists, media professionals and associated personnel."

Security Council Meetings

S/PV.5587 (closed) (13 December 2006) Meeting with countries contributing troops to the United Nations Disengagement Observer Force [Communiqué]

S/PV.5588 (13 December 2006) Kosovo (Serbia) [no action]

S/PV.5589 (14 December) Sudan [no action]

S/PV.5590 (closed) (14 December 2006) Sudan [Communiqué]

S/PV.5591 (15 December 2006) Côte d'Ivoire [S/RES/1726; Vote: 15-0-0]

S/PV.5592 (15 December 2006) Côte d'Ivoire [S/RES/1727; Vote: 15-0-0]

S/PV.5593 (15 December 2006) Cyprus [S/RES/1728; Vote: 15-0-0]

S/PV.5594 (15 December 2006) International Tribunal--Rwanda & Yugoslavia [no action]

S/PV.5595 (15 December 2006) Chad-Sudan [S/PRST/2006/53]

S/PV.5596 (15 December 2006) Middle East situation [S/RES/1729; Vote: 15-0-0 + S/PRST/2006/54]

S/PV.5597 (18 December 2006) Middle East situation [no action]

S/PV.5598 (19 December 2006) Reports of the Secretary-General on the Sudan [S/PRST/2006/55]

S/PV.5599 (19 December 2006) Sanctions [S/RES/1730; Vote: 15-0-0]

S/PV.5600 (20 December 2006) Peace and security--terrorist acts [S/PRST/2006/56]

S/PV.5601 (20 December 2006) Briefings by Chairmen of subsidiary bodies of the Security Council [no action]

S/PV.5602 (20 December 2006) Liberia [S/RES/1731; Vote: 15-0-0]

S/PV.5603 (20 December 2006) Great Lakes region [S/PRST/2006/57]

S/PV.5604 (closed) (21 December 2006) Meeting with countries contributing troops to the UN Operation in Burundi [Communiqué]

S/PV.5605 (21 December 2006) Sanctions [S/RES/1732; Vote: 15-0-0]

S/PV.5606 (21 December 2006) Côte d'Ivoire [S/PRST/2006/58]

S/PV.5607 (22 December 2006) Tribute to Kofi Annan [S/RES/1733; Vote: 15-0-0]

S/PV.5608 (22 December 2006) Sierra Leone [S/RES/1734; Vote: 15-0-0]

S/PV.5609 (22 December 2006) Peace and security--terrorist acts [S/RES/1735; Vote: 15-0-0]

S/PV.5610 (22 December 2006) Democratic Republic of the Congo [S/RES/1736; Vote: 15-0-0]

S/PV.5611 (22 December 2006) Somalia [S/PRST/2006/59]

S/PV.5612 (23 December 2006) Non-proliferation--Iran [S/RES/1737; Vote: 15-0-0]

S/PV.5613 (23 December 2006) Civilians in armed conflict [S/RES/1738; Vote: 15-0-0]

S/PV.5614 (26 December 2006) Somalia [no action]

Statements By Security Council President (December 2006 - Qatar; January 2007 - United Republic of Tanzania)

S/PRST/2006/53 (15 December 2006) The situation in Chad and the Sudan

S/PRST/2006/54 (15 December 2006) The situation in the Middle East

S/PRST/2006/55 (19 December 2006) Reports of the Secretary-General on the Sudan

S/PRST/2006/56 (20 December 2006) Threats to international peace and security caused by terrorist acts

S/PRST/2006/57 (20 December 2006) The situation in the Great Lakes region

S/PRST/2006/58 (21 December 2006) The situation in Côte d’Ivoire

S/PRST/2006/59 (22 December 2006) The situation in Somalia

Statements to Press By Security Council President

SC/8910 (15 December 2006) GUINEA-BISSAU

SC/8921 (21 December 2006) BURUNDI

SC/8931 (27 December 2006) DARFUR

Security Council President and Secretary-General Letters

S/2006/962 (12 December 2006) Letter dated 12 December 2006 from the Secretary-General addressed to the President of the Security Council (Sixth report of the International Independent Investigation Commission established pursuant to Security Council resolutions 1595 (2005), 1636 (2005) and 1644 (2005), prepared by Mr. Serge Brammertz, Commissioner)

S/2006/974 (13 December 2006) Letter dated 8 December 2006 from the Secretary-General addressed to the President of the Security Council (United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS))

S/2006/975 (13 December 2006) Letter dated 13 December 2006 from the President of the Security Council to the Secretary-General (United Nations Peacebuilding Support Office in Guinea-Bissau (UNOGBIS))

S/2006/984 (15 December 2006) Letter dated 15 December 2006 from the Secretary-General addressed to the President of the Security Council (Democratic Republic of the Congo - Group of Experts)

S/2006/986 (15 December 2006) Letter dated 15 December 2006 from the Secretary-General addressed to the President of the Security Council (Somalia - Monitoring Group)

S/2006/987 (15 December 2006) Letter dated 4 December 2006 from the Secretary-General to the President of the Security Council (United Nations Monitoring, Verification and Inspection Commission (UNMOVIC)) - Letter dated 14 November 2006 from the Minister for Foreign Affairs of Iraq to the Secretary-General)

S/2006/988 (15 December 2006) Letter dated 15 December 2006 from the President of the Security Council to the Secretary-General (United Nations Monitoring, Verification and Inspection Commission (UNMOVIC))

S/2006/998 (19 December 2006) Letter dated 14 December 2006 from the Secretary-General addressed to the President of the Security Council (Commissioner of the International Independent Investigation Commission established pursuant to resolution 1595 (2005))

S/2006/999 (19 December 2006) Letter dated 19 December from the President of the Security Council addressed to the Secretary-General (Commissioner of the International Independent Investigation Commission established pursuant to resolution 1595 (2005))

S/2006/1002 (19 December 2006) Letter dated 15 December 2006 from the Secretary-General addressed to the President of the Security Council (Counter-Terrorism Committee Executive Directorate)

Reports of the Secretary-General

S/2006/958 (11 December 2006) Thirteenth progress report of the Secretary-General on the United Nations Mission in Liberia

S/2006/980 (14 December 2006) Report of the Secretary-General - "Uniting our strengths: Enhancing United Nations support for the rule of law"

S/2006/994 (18 December 2006) Ninth report of the Secretary-General on the United Nations Operation in Burundi

S/2006/1003 (19 December 2006) Report of the Secretary-General on the United Nations Stabilization Mission in Haiti

Security Council Monthly Programme of Work (January 2007)

2006 Archived Webcasts of Security Council Meetings

International Courts & Tribunals at a Glance (No. 24)

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

International Court of Justice (ICJ)

The International Court of Justice revises Practice Directions IX and XI and adopts new Practice Directions IXbis and IXter (13 December 2006)

From the ICJ: "As part of the ongoing review of its procedures and working methods, the International Court of Justice (ICJ), principal judicial organ of the United Nations, has revised Practice Directions IX and XI and adopted new Practice Directions IXbis and IXter. As amended, paragraph 2 of Practice Direction IX is intended as a reminder that a party wishing to produce new documents after the closure of the written proceedings, including during the oral proceedings, must follow the procedure set out in Article 56, paragraphs 1 and 2, of the Rules of the Court; the provisions of paragraphs 1 to 3 of Article 56 are supplemented by Practice Direction IX. Practice Direction IXbis provides the parties with guidance concerning their entitlement under Article 56, paragraph 4, of the Rules to refer during oral proceedings to the contents of a document which is “part of a publication readily available”. Practice Direction IXter gives further guidance to the parties as to the preparation of “folders of documents for the convenience of the judges during oral proceedings”. In Practice Direction XI, the first sentence of the existing text was deleted."

• Practice Directions I-XII

Cases currently being heard/under deliberation:

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
2. Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
3. Pulp Mills on the River Uruguay (Argentina v. Uruguay) --Public hearing opened on 18 December 2006 (re: Uruguay's request for the indication of provisional measures)

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule (winter recess until 8 January 2007)

ICTY Weekly Press Briefing (6 December 2006)

President Pocar Address Before Security Council (15 December 2006)

From the ICTY: "Appearing before the UN Security Council today to provide an update on the implementation of the Tribunal's mandate and the Completion Strategy since his last briefing in June 2006, President Fausto Pocar stated that despite being a period of extreme difficulties requiring rapid response and adjustment to change, the last six months have been one of the most, if not the most, productive periods in the Tribunal's history. In his speech, President Pocar noted that as a result of significant reorganisation of the Trial Chambers and efficient pre-trial management, the Tribunal commenced its remaining two multi-accused trials six months ahead of schedule. The President expressed particular satisfaction that the Trial Chambers were able to try, at one point during the reporting period, a record number of 25 accused in six trials simultaneously. He also informed the Council that because of the flexibility and dedication of the Judges of the Tribunal, as well as the cooperation of the parties and the Registry, an unprecedented seventh trial would commence in early January 2007. He further remarked that the Appeals Chamber has brought 8 proceedings involving 11 accused to a close in the calendar year, making it the most productive in the history of the Appeals Chamber. Citing the ever diminishing caseload as evidence of the commendable efforts taken by the Tribunal, the President recalled that of the 161 persons charged by the Tribunal, cases against 100 accused have been closed and the majority of the remaining cases are currently being tried or are on appeal. The President stressed that for the Tribunal, efficient completion of trials and appeals was not only a matter of Completion Strategy dates but of respect for fundamental human rights norms and due process....Finally, the President confirmed that trials would be completed no later than 2009 and that all appeals were expected to be disposed of within the two years of the end of trials. He highlighted a number of key factors that would influence that timeframe, most notably the success of the multi-accused trials, and the critical issue of the six outstanding fugitives, in particular Ratko Mladić and Radovan Karadžić. As in previous reports, the President expressed grave concern that for a decade, the Tribunal has called for their arrest without result. President Pocar closed by affirming the commitment of the Tribunal to meeting the Completion Strategy objectives while upholding the highest standards of due process, and called upon Member States of the Council to maintain full support for the Tribunal in the final years of the mandate. "Together, we must see the historic work of the Tribunal through for the cause of international justice, the continued fight against impunity, and the promotion of international peace and security.""

• Full-text, "STATEMENT BY JUDGE FAUSTO POCAR, PRESIDENT, INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 15 DECEMBER 2006"

The Prosecutor's Address to the Security Council (15 December 2006)

From the ICTY: "The Tribunal's Prosecutor, Carla Del Ponte, addressed today the UN Security Counsel with a view to provide her regular assessment of the progress made in the completion strategy highlighting the problems and obstacles hampering it. She sought fresh and clear guidance from the Council on the fundamental issues of the completion strategy. The Prosecutor focused her address on efforts made by her Office together with the Chambers to speed up trials while trying to maintain the highest standards of fair trial and due process. She noted the prosecution's successful initiatives: - to join cases with similar crimes resulting in three ongoing multiple-accused trials, - to submit more written evidence in the trials leading to significant savings of the court time; - to request acceptance of more facts as judicial notice avoiding the need to prove these facts again. The Prosecutor emphasised that she had acted in cooperative spirit when directed by the Judges to select counts on which to proceed and to limit time for presentation of the prosecution cases. In terms of transfer of Rule 11 bis cases to the national jurisdictions the Prosecutor expressed her view that the Tribunal has reached the limits in this matter and, unless the Security Council modifies the seniority conditions under which an accused can be transferred to local courts, there is no legal possibility to transfer more cases. And therefore, in her view, with the present case-load it will not be possible to achieve the target date of 2008. The Prosecutor also drew the attention of the Council to the negative reactions of the victims' groups in the region in regard to the envisaged completion of the Tribunal's work, while six accused, including Karadzic and Mladic remain at large. Speaking about the level of co-operation of the authorities in the region the Prosecutor stated: "While the judicial authorities in Bosnia and Herzegovina, Croatia and in Serbia have stepped up their efforts to try war crimes, the political bodies in Bosnia and Herzegovina and in Serbia have not shown the political will necessary to arrest the remaining fugitives." The Prosecutor suggested the following steps to be taken - first, the Security Council to consider changing the conditions under which an accused can be transferred to national courts; - second, by full and forceful support of the Security Council to encourage strengthening of the political will to arrest remaining fugitives; - and third, the Security Council to confirm in clear form that there remains the possibility for the Tribunal to complete its mandate in dignified and successful manner with remaining fugitives like Karadzic and Mladic being brought to trial in The Hague."

• Full-text, "ADDRESS BY CARLA DEL PONTE, PROSECUTOR OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA TO THE SECURITY COUNCIL 15 DECEMBER 2006"

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (November 2006)

Catholic Priest Athanase Seromba Sentenced to Fifteen Years (13 December 2006)

From the ICTR: "Trial Chamber III of the ICTR today found Athanase Seromba, former priest of Nyange Parish, Kivumu commune, guilty of genocide and extermination as a crime against humanity. The Chamber dismissed the alternative count of complicity in genocide, and acquitted the accused of the count of conspiracy to commit genocide. Seromba was then sentenced to a single term of fifteen years imprisonment and the Chamber ruled that the accused would receive credit for time already served since his surrender to the Tribunal on 6 February 2002. For the purpose of sentencing the accused, the Chamber composed of Judges Andrésia Vaz, presiding, Karin Hökborg and Gberdao Gustav Kam, considered as aggravating factors: his authority as a respected Catholic priest; the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres; and his failure to live up to the trust of the refugees who thought their lives would be safe there. As mitigating factors, the Chamber considered that Seromba had a good reputation prior to the events of 1994; he was relatively young at the time of the events; and his voluntary surrender to the Tribunal. The Chamber ruled that in his capacity as a Catholic parish priest, based on the situation prevailing throughout Rwanda during 1994, Seromba must have been aware of the intent of the attackers of the refugees at the parish. For the charge of extermination as a crime against humanity, the Chamber found that the Prosecution established beyond a reasonable doubt that a large number of Tutsi seeking refuge at the Parish were surrounded on or about 12 April 1994 by Interahamwe, militiamen and gendarmes. When the Tutsi refugees repelled the attack, the Interahamwe, and militiamen used grenades to attack the parish. It was further established beyond reasonable doubt that Seromba spoke to the driver of the bulldozer, encouraging and identifying to the driver when to start the demolition of the parish and which parts of the parish were the weakest. The Chamber found that Seromba orally aided and abetted the assailants to demolish the Church. Seromba’s trial commenced on 20 September 2004 before Chamber III and the Prosecution closed its case on 25 January 2005 after calling 15 witnesses. The Defence closed its case on 27 April 2006 after the Chamber heard 24 defence witnesses. Seromba is represented by Patrice Monthé and Barnabe Nekuie, both from Cameroon. [ ]t [sic] the time of the indictment, Seromba was working as a priest, under a false identity, in two parishes near Florence, Italy. He was arrested and detained in Arusha after his surrender to the Tribunal on 6 February 2002. He made his initial appearance before the Tribunal on 8 February 2002 and pleaded not guilty to all charges against him."

Nzabirinda’s Guilty Plea Accepted (14 December 2006)

From the ICTR: "Joseph Nzabirinda, nickname ‘Biroto’, former businessman and youth organiser in Sahera sector, Ngoma commune appeared today before Trial Chamber II composed of Judges Arlette Ramaroson, presiding, William Sekule and Solomy Balungi Bossa and pleaded guilty to the new indictment charging him with one count of murder as a crime against humanity. The Chamber accepted his new plea and set 17 January 2007 for the sentencing hearing. In the new indictment, amended on 9 December 2006, and in the plea agreement between the parties of the same date, Nzabirinda is charged with one count of murder as a crime against humanity. During the hearing, the Prosecution stated that Nzabirinda was an approving spectator as a result of his presence during the attacks. The Defence agreed that the accused had no blood on his hands but was an accomplice by omission. The Prosecution withdrew its previous charges of the indictment of 2001 due to lack of evidence. The Chamber granted the request of the Defence that Nzabirinda be held in a secure location, away from other detainees to ensure his security until his sentence hearing. Addressing the Chamber, the accused expressed deep remorse for his crimes and asked for pardon from the people of Rwanda for the crimes committed. In the initial indictment of 6 December 2001, the accused was charged with genocide, conspiracy to commit genocide, extermination as a crime against humanity and rape as a crime against humanity. In his initial appearance of 27 March 2002 the accused pleaded not guilty to all the charges. zabirinda, born in 1957, in Sahera sector, was arrested in Brussels on 26 July 2001and transferred to the United Nations Detention Facility on 21 March 2002. The accused is alleged to have participated in meetings with the Interahamwe during which the planned execution of Tutsis was discussed. It is further alleged that he encouraged attacks on the Tutsi gathered at Kabakobwe hill and at roadblocks throughout Sahera sector."

Prosecutor and Registrar pay courtesy call on UN Secretary-General (14 December 2006)

From the ICTR: "The Prosecutor of the ICTR, Mr. Justice Hassan Bubacar Jallow and the ICTR Registrar, Mr. Adama Dieng, on Thursday 14 December 2006 paid a courtesy call on the outgoing UN Secretary-General, H.E Mr. Kofi Annan at his office at UN Headquarters in New York. During the visit, Justice Jallow, who was also accompanied by Mr. Charles Adeogun-Phillips, Senior Trial Attorney, congratulated H.E Mr. Annan on his successful 10 year tenure as the UN Secretary-General. Describing the Secretary-General as a “pillar of encouragement, understanding and support to the cause of International criminal justice”, Justice Jallow paid tribute to the Secretary-General’s commitment to the fight against impunity. Justice Jallow also briefed the Secretary-General on the progress of the ICTR completion strategy and confirmed that Tribunal was on schedule to complete its work as anticipated. The Registrar of the Tribunal, Mr. Adama Dieng, also briefed the Secretary-General on a vast range of administrative and budgetary matters falling within his preview as Registrar. He also conveyed, to H.E Annan, the best wishes of all ICTR staff members. The Secretary-General expressed his satisfaction at the achievements recorded by the ICTR to date. He also paid glorying tribute to the selfless service of the men and women who are involved in the work of the Tribunal and requested that his best wishes be conveyed to them."

The Security Council Considers ICTR’s Completion Strategy (16 December 2006)

From the ICTR: "The President and the Prosecutor of the ICTR today in New York provided an update to the UN Security Council on its completion strategy. In that regard, the President and the Prosecutor both confirmed that the Tribunal is on schedule to complete cases involving between sixty-five and seventy accused persons by the end of 2008, as envisaged in the ICTR completion strategy. The President, Judge Erik Mose stated that a total of 32 accused persons have now received judgments following their trials before the ICTR. He stated that another four judgments following recently concluded trials are expected soon. The President reported that nine trials, involving 25 accused persons are currently in progress with several judgments due to be rendered in 2007. The President in his report also confirmed that a total of nine detainees are currently awaiting trials. Finally, the President reiterated the need for member states to cooperate in the arrest and transfer of all indictees still at large to the ICTR, as well as to receive acquitted persons. In his report, the Prosecutor of the ICTR, Mr. Justice Hassan Jallow reported that since his last report to the Security Council in June 2006, five trials which were ongoing during the said period have now been completed. He further reported that during the same period, several new trials had commenced as planned. The Prosecutor reported that there had however been no arrest of fugitives during the said period. Justice Jallow further reported that he was confident that all ongoing trials as well as those earmarked for trial in Arusha, save for those relating to top level fugitives such as Felicien Kabuga would conclude during 2007 and 2008. The Prosecutor reported that his focus in the coming year will be geared towards the timely and efficient conclusion of the ongoing trials, the preparation of additional cases for trial, the intensification of the tracking and arrest programme, as well as the referral of cases to national jurisdictions."

• Full-Text, "STATEMENT BY THE PRESIDENT OF THE ICTR JUDGE ERIK MØSE UNITED NATIONS SECURITY COUNCIL"

Latest Decisions (All decisions ) :

• Nahimana et al., Case No. ICTR-99-52-A, DECISION ON JEAN-BOSCO BARAYAGWIZA’S MOTION FOR CLARIFICATION AND GUIDANCE FOLLOWING THE DECISION OF THE APPEALS CHAMBER DATED 16 JUNE 2006 IN PROSECUTOR V. KAREMERA ET AL. CASE AND PROSECUTOR’S MOTION TO OBJECT TO THE LATE FILING OF JEAN-BOSCO BARAYAGWIZA’S REPLY (8 December 2006)
• Nahimana et al., Case No. ICTR-99-52-A, DECISION ON APPELLANT JEAN-BOSCO BARAYAGWIZA’S MOTIONS FOR LEAVE TO PRESENT ADDITIONAL EVIDENCE PURSUANT TO RULE 115 OF THE RULES OF PROCEDURE AND EVIDENCE (8 December 2006)
• The PROSECUTOR v. Joseph NZABIRINDA, Case No. ICTR – 2001 – 77 – PT, DECISION ON THE PROSECUTION’S UNDER SEAL AND CONFIDENTIAL MOTION FOR LEAVE TO AMEND THE INDICTMENT (8 December 2006)
• Georges Anderson Nderubumwe RUTAGANDA v. THE PROSECUTOR, Case No. ICTR-96-03-R, Decision on Requests for Reconsideration, Review, Assignment of Counsel, Disclosure, and Clarification (8 December 2006)
• Karemera et al., Case No. ICTR-98-44-T, DECISION ON APPEALS CHAMBER REMAND OF JUDICAL NOTICE: Rules 94 of the Rules of Procedure and Evidence (11 December 2006)
• Karemera et al., Case No. ICTR-98-44-T, DECISION ON PROSECUTION MOTION FOR ADMISSION OF EVIDENCE OF RAPE AND SEXUAL ASSAULT PURSUANT TO RULE 92 BIS OF THE RULES; AND ORDER FOR REDUCTION OF PROSECUTION WITNESS LIST: Rules 92bis and 73bis (D) of the Rules of Procedure and Evidence (11 December 2006)
• The PROSECUTOR v. Joseph NZABIRINDA, Case No. ICTR-01-77-PT, DECISION ON NZABIRINDA’S UNDER SEAL-EXTREMELY URGENT MOTION FOR PROTECTIVE MEASURES FOR CHARACTER WITNESSES (13 December 2006)

The Special Court for Sierra Leone (SCSL)

Court Schedule (Judicial Recess: 18 December - 5 January)

Court Summary, Week Ended 15 December 2006

Case Developments & Resources (all decisions ) :

The Civil Defence Forces (CDF) Accused

• Decision regarding Prosecution and Kondewa final trial brief (15 December 2006)
  

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

Prosecutor v. Charles Taylor

• Decision on Defence motion for leave to file an oversized filing of 'Defence motion on adequate time and facilities for the preparation of Mr. Taylor's Defence' (11 December 2006)
• Decision on Defence motion for urgent reconsideration of "Decision on Defence motion for leave to file an oversized motion: 'Defence motion on adequate time and facilities for the preparation of Mr. Taylor's Defence' (14 December 2006)

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Resignation of Judge Maureen Harding Clark (11 December 2006)

From the ICC: "Judge Maureen Harding Clark has resigned from the International Criminal Court (ICC) effective 10 December 2006. In her letter to the President of the ICC, Judge Philippe Kirsch, tendering her resignation, Judge Clark indicated that she has been asked to serve on the High Court of Ireland and that under Irish law she was required to resign from the ICC in order to be appointed to the High Court....The Presidency informed the President of the Bureau of the Assembly of States Parties, H.E. Bruno Stagno Ugarte of Judge Clark’s resignation. In accordance with article 37 of the Rome Statute, the Assembly of States Parties will elect a judge to fill the vacancy left by Judge Clark’s resignation."

ICC Prosecutor Ready with Evidence Against Darfur War Criminals (14 December 2006)

From the ICC: "Today, ICC Prosecutor Luis Moreno-Ocampo informed the United Nations Security Council that he has nearly completed an investigation into some of the worst crimes committed in Darfur. He is preparing to submit evidence to the ICC judges no later than February 2007 and is putting measures in place to protect victims and witnesses. The evidence in this emerging first case points to specific individuals who appear to bear the greatest responsibility for war crimes and crimes against humanity including persecution, torture, murder, and rape. The Security Council referred the situation in Darfur to the Prosecutor in March 2005. This progress occurs within the context of continued violence in Darfur and an apparent spill over of crime and violence into Chad and the Central African Republic. “This Council has recognized that justice for victims will contribute to enhancing security and will send an important warning – beyond the borders of Darfur – to those individuals who might otherwise resort to violence and the commission of crimes to achieve their aims,” Mr. Moreno-Ocampo said. The Prosecutor’s first case focuses on a series of incidents in 2003 and 2004, when the most serious crimes occurred in large numbers. Perhaps most significant, the evidence reveals the underlying operational system that enabled the commission of these massive crimes."

Situations & Cases (All documents ):

Situation in Dafur, Sudan

• Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005) (14 December 2006)

Situation in Central African Republic

• Prosecution's Report Pursuant to Pre-Trial Chamber III's 30 November 2006 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic (15 December 2006)

Situation in Uganda

1. The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (Pre-Trial Phase)

• Présentation d’informations supplémentaires sur les progrès réalisés dans l’exécution des mandats d’arrêt dans la situation en Ouganda (8 December 2006)

Situation in Democratic Republic of Congo

1. The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)

• Dissenting Opinion of Judge Pikis to the Order of the Appeals Chamber issued on 4 December 2006 (11 December 2006)
• Decision of the Appeals Chamber (12 December 2006)
• Judgment on the Appeal of Mr. Thomas Lubanga Dyilo against the Decision on the Defence Challenge to the Jurisdiction of the Court pursuant to article 19 (2) (a) of the Statute of 3 October 2006 (14 December 2006)
• Judgment on the appeal of Mr. Thomas Lubanga Dyilo against the decision of Pre-Trial Chamber I entitled "First Decision on the Prosecution Requests and Amended Requests for Redactions under Rule 81" (14 December 2006)
• Judgment on the appeal of Mr. Thomas Lubanga Dyilo against the decision of Pre-Trial Chamber I entitled "Second Decision on the Prosecution Requests and Amended Requests for Redactions under Rule 81" (14 December 2006)

International Tribunal for the Law of the Sea (ITLOS)

President Wolfrum addresses General Assembly (11 December 2006)

• "Statement by Mr Rudiger Wolfrum,President of the International Tribunal for the Law of the Sea, on Agenda item 71 (a) at the plenary of the sixty-first session of the United Nations General Assembly, New York, 8 December 2006"
  

Pending Cases and current status

This Week in Public International Law Scholarship (No. 31)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact [email protected].

Books:

Ola Engdahl, Protection of Personnel in Peace Operations: The Role of the 'Safety Convention' Against the Background of General International Law

Vitit Muntarbhorn, A Commentary on the United Nations Convention on the Rights of the Child: Sexual Exploitation and Sexual Abuse of Children

Donald Puchala, Katie Laatikainen & Roger Coate, United Nations Politics: Responding to a Challenging World

James Summers, Peoples And International Law: How Nationalism And Self-determination Shape a Contemporary Law of Nations

Articles:

Mexican Law Review (Mexico), Number 7, January-June 2007

• Jorge Ulises Carmona Tinoco, The judicial application of international human rights treaties
• Ricardo Méndez Silva, United Nations General Assembly resolutions on terrorism

Stanford Journal of International Law, Volume 42, Number 2, Summer 2006

• Lawrence Jahoon Lee, BARCELONA TRACTION IN THE 21ST CENTURY: REVISITING ITS CUSTOMARY AND POLICY UNDERPINNINGS 35 YEARS LATER
• Aparna Sridhar, Note, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA'S RESPONSE TO THE PROBLEM OF TRANSNATIONAL ABDUCTION

Georgetown Journal of International Law, Volume 37, Number 3, Spring 2006

• Stefka Kavaldjieva, JURISDICTION OF THE EUROPEAN COURT OF HUMAN RIGHTS: EXORBITANCE IN REVERSE?
• Ryan M. Scoville, TOWARD AN ACCOUNTABILITY-BASED DEFINITION OF "MERCENARY"

New York University Journal of International Law and Politics, Volume 38, Number 1/2, Fall 2005 - Winter 2006

• Tarek F Maassarani, FOUR COUNTS OF CORPORATE COMPLICITY: ALTERNATIVE FORMS OF ACCOMPLICE LIABILITY UNDER THE ALIEN TORT CLAIMS ACT
• Louisa B. Childs, Note, SHADY FOUNDATIONS: CRITICISM OF RECIPROCITY AND THE DISTINCTION BETWEEN PUBLIC AND PRIVATE INTERNATIONAL. LAW
• Joanna Pozen, Note, JUSTICE OBSCURED: THE NON-DISCLOSURE OF WITNESSES' IDENTITIES IN ICTR TRIALS

Journal of International Arbitration, Volume 23, Number 6, December 2006

Special Issue: Twenty-Five Years Iran-United States Claims Tribunal

• Ali Z. Marossi, Iran-United States Claims Tribunal--Claims, Counterclaims, Dual Nationality, and Enforcement
• Christopher S. Gibson and Christopher R. Drahozal, Iran-United States Claims Tribunal Precedent in Investor-State Arbitration
• Ruth Teitelbaum, Challenges of Arbitrators at the Iran-United States Claims Tribunal--Defining the Role of the Appointing Authority

Michigan State Journal of International Law, Volume 14, Issue 1, 2006

FROM NUREMBERG TO ABU GHRAIB: THE RELEVANCE OF INTERNATIONAL CRIMINAL LAW TO THE GLOBAL WAR ON TERROR

• Honorable Richard J. Goldstone, Keynote Address
• John Washburn, The Formation and Nature of the International Criminal Court
• Steven R. Ratner, The War on Terrorism and International Humanitarian Law
• Ved P. Nanda, Terrorism as an "Internal Conflict" Under the 1977 Geneva Protocol: Defining "Enemy Combatant" and the International/Domestic Consequences
• Wasana Punyasena, Conflict Prevention and the International Criminal Court: Deterrence in a Changing World
• Stephen P. Marks, Branding the "War on Terrorism": Is There a "New Paradigm" of International Law?
• Christian Much, The International Criminal Court (ICC) and Terrorism as an International Crime

Loyola of Los Angeles International & Comparative Law Review, Volume 28, Number 3, Summer 2006

• Lucien J. Dhooge, Lohengrin Revealed: The Implications of Sosa v. Alvarez- Machain for Human Rights Litigation Pursuant to the Alien Tort Claims Act

Security Council Compendium (No. 19)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

Security Council Resolutions

S/RES/1725 (6 December 2006) The situation in Somalia

Synopsis of Resolution 1725: A Chapter VII Resolution, Resolution 1725 authorizes the Intergovernmental Authority on Development (IGAD) and Member States of the African Union "to establish a protection and training mission in Somalia."[1] The mandate of the mission, "drawing on the relevant elements of the mandate and concept of operations specified in [the Deployment Plan for a Peacekeeping Mission of IGAD in Somalia (IGASOM)]," includes: "(a) To monitor progress by the Transitional Federal Institutions and the Union of Islamic Courts in implementing agreements reached in their dialogue; (b) To ensure free movement and safe passage of all those involved with the dialogue process; (c) To maintain and monitor security in Baidoa;(d) To protect members of the Transitional Federal Institutions and Government as well as their key infrastructure; (e) To train the Transitional Federal Institutions’ security forces to enable them to provide their own security and to help facilitate the re-establishment of national security forces of Somalia." To enable the protection and training mission, Resolution 1725 exempts supplies of weapons and military equipment and technical training and assistance from the arms embargo established by Resolution 733. Resolution 1725 also "urges the Transitional Federal Institutions and the Union of Islamic Courts to fulfil commitments they have made, resume without delay peace talks on the basis of the agreements reached in Khartoum, and adhere to agreements reached in their dialogue, and states its intention to consider taking measures against those that seek to prevent or block a peaceful dialogue process, overthrow the Transitional Federal Institutions by force, or take action that further threatens regional stability."

[1] The IGAD is a regional grouping of seven Eastern African countries of Djibouti , Eritrea , Ethiopia , Kenya , Somalia, Sudan and Uganda. See http://www.igad.org/about/about.htm.

Resolution 1725 resources:

• IGAD
• IGAD, "Communiqué Issued at the end of Consultations between the delegation of the Somali Council of Islamic Courts (SCIS) and the IGAD Secretariat in Djibouti held on the 1st - 2nd December 2006."

Security Council Meetings

S/PV.5578 (6 December 2006) Consideration of the draft report of the Security Council to the General Assembly [Note (S/2006/942)]

S/PV.5579 (6 December 2006) Somalia [S/RES/1725; Vote: 15-0-0]

S/PV.5580 (6 December 2006) Democratic Republic of the Congo [S/PRST/2006/50]

S/PV.5581 (7 December 2006) Security Council mission--Afghanistan [no action]

S/PV.5582 (closed) (8 December 2006) Meeting with countries contributing troops to the UN Peacekeeping Force in Cyprus [Communiqué]

S/PV.5583 (11 December 2006) Iraq [no action]

S/PV.5584 (12 December 2006) Middle East situation [S/PRST/2006/51]

S/PV.5585 (closed) (12 December 2006) Meeting with countries contributing troops to the UN Operation in Côte d'Ivoire [Communiqué]

S/PV.5586 (12 December 2006) Middle East situation [S/PRST/2006/52]

Statements By Security Council President (December 2006 - Qatar)

S/PRST/2006/50 (6 December 2006) The situation concerning the Democratic Republic of the Congo

S/PRST/2006/51 (12 December 2006) The situation in the Middle East

S/PRST/2006/52 (12 December 2006) The situation in the Middle East

Statements to Press By Security Council President

SC/8885 (4 December 2006) PROTECTION OF CIVILIANS IN ARMED CONFLICTS

SC/8889 (6 December 2006) SITUATION IN THE MIDDLE EAST

SC/8894 (7 December 2006) FIJI

SC/8899 (13 December 2006) IRAQ-KUWAIT

Security Council President and Secretary-General Letters

S/2006/950 (8 December 2006 Letter) dated 7 December 2006 from the Secretary-General addressed to the President of the Security Council (International Working Group on Côte d’Ivoire - 11th ministerial meeting, Abidjan, 1 December 2006 - Final communiqué)

Reports of the Secretary-General

S/2006/939 (4 December 2006) Eleventh progress report of the Secretary-General on the United Nations Operation in Côte d’Ivoire

S/2006/945 (5 December 2006) Report of the Secretary-General pursuant to paragraph 30 of resolution 1546 (2004)

S/2006/946 (6 December 2006) Report of the Secretary-General on developments in Guinea-Bissau and on the activities of the United Nations Peacebuilding Support Office in that country

S/2006/948 (6 December 2006) Twenty-third report of the Secretary-General pursuant to paragraph 14 of resolution 1284 (1999)

S/2006/956 (11 December 2006) Report of the Secretary-General on the Middle East

Security Council Monthly Programme of Work (as of 13 December 2006)

2006 Archived Webcasts of Security Council Meetings

International Courts & Tribunals at a Glance (No. 23)

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

International Court of Justice (ICJ)

Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)

Preliminary Objections Conclusion of the public hearings on the merits; Court ready to begin its deliberation (1 December 2006)--From the ICJ, "The public hearings on the preliminary objections raised by the Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) were concluded today. The Court will now start its deliberation. On 3 October 2002, within the time-limit fixed for the filing of its Counter-Memorial, the Democratic Republic of the Congo raised certain preliminary objections to the admissibility of the Application. Consequently, proceedings on the merits were suspended. At the hearings, which opened on Monday 27 November 2006 at the Peace Palace, seat of the Court, the delegation of the DRC was led by H.E. Mr. Pierre Ilunga M’Bundu wa Biloba, Minister of Justice and Keeper of the Seals, and H.E. Mr. Jacques Masangu-a-Mwanza, Ambassador of the Democratic Republic of the Congo to the Netherlands, as Agent. The delegation of Guinea was led by Mr. Mohamed Camara, Chargé d’affaires a.i. at the Embassy of the Republic of Guinea in Brussels, as Agent. The Court’s judgment on the preliminary objections will be delivered at a public sitting, the date of which will be announced in due course."

• Case resources

Cases currently being heard/under deliberation:

• Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
• Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)--Hearings concerning preliminary objections raised by the Democratic Republic of the Congo (DRC) regarding the admissibility of the Application were held 27 November to 1 December:

1. Public sitting held on Monday 27 November 2006, at 10 a.m., at the Peace Palace, President Higgins presiding
2. Public sitting held on Tuesday 28 November 2006, at 10 a.m., at the Peace Palace, President Higgins and Vice-President Al-Khasawneh presiding, successively
3. Public sitting held on Wednesday 29 November 2006, at 3 p.m., at the Peace Palace, President Higgins presiding
4. Public sitting held on Friday 1 December 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (6 December 2006)

Stanislav Galić Sentenced To Life Imprisonment By Appeals Chamber For Crimes Committed During The Siege Of Sarajevo (30 November 2006)

From the ICTY: "The Tribunal's Appeals Chamber today sentenced Stanislav Galić, a former Bosnian Serb Army commander, to life imprisonment for his role in the campaign of sniping and shelling against civilians in Sarajevo from September 1992 to August 1994. This is the first time the maximum penalty has been rendered by the Tribunal's Appeals Chamber. The Appeals Chamber dismissed all 19 grounds of appeal by Galić, including those which claimed that Trial Chamber wrongly convicted him of the "acts or threats of violence the primary purpose of which was to spread terror among the civilian population" of Sarajevo. The Appeals Chamber allowed the appeal by the Prosecution on the length of sentence, quashing the Trial Chamber sentence of 20 years. The Appeals Chamber noted that the Trial Chamber relied on a plethora of evidence to demonstrate that terrorisation of the civilian population was the primary purpose of the campaign of sniping and shelling and that Galić, who held the position of commander of the Bosnian Serb Army Sarajevo-Romanija Corps (SRK), had the intent to spread terror among the civilian population. In the findings upheld by the Appeals Chamber, the Trial Chamber established that the evidence demonstrated beyond reasonable doubt that Sarajevo civilians were indeed made the object of deliberate attack by SRK forces. They were attacked while attending funerals, while in ambulances, trams, and buses, and while cycling. They were attacked while tending gardens, or shopping in markets, or clearing rubbish in the city. Children were targeted while playing or walking in the streets. These attacks were mostly carried out in daylight. They were not in response to any military threat. The attackers could for the most part easily tell that their victims were engaged in everyday civilian activities."

• PROSECUTOR V. STANISLAV GALIĆ, SUMMARY OF APPEALS JUDGEMENT

 Tribunal's grave concern about Šešelj's actions which are seriously damaging his health (30 November 2006)

From the ICTY: "The Tribunal expresses its grave concern about the actions of the accused Vojislav Šešelj, who by refusing to accept food, medicine, and medical care while in the custody of the Tribunal's Detention Unit is seriously jeopardizing his health. In view of the Tribunal's obligation and commitment to safeguard the physical well-being of persons placed into its custody, Šešelj was yesterday moved from the Detention Unit to the adjoining Dutch prison hospital where additional medical facilities and staff are available. This was done to allow for his health to be monitored more closely and to guarantee prompt medical intervention should a medical necessity arise. The Tribunal believes that if Šešelj persists with his refusal to accept food a medical necessity will arise in the near future justifying medical intervention. Šešelj, who continues to drink water, has been declining food and medical care since 11 November 2006. Nonetheless, he has throughout had contact with a Dutch doctor who works with inmates at the Tribunal's Detention Unit. However, Šešelj has maintained that he will not be treated by this or any other doctor of Dutch nationality. In response to his refusal to allow Dutch doctors to assess his medical condition the Tribunal has sought to identify with Šešelj a doctor or doctors whom are agreeable to him. Šešelj advised the Tribunal that he would agree to doctors from a number of countries, including France and Serbia. Today, Šešelj refused to meet with a French doctor who had traveled to the Dutch prison hospital specifically to assess his medical condition. While taking this measure, the Tribunal has also requested both Šešelj and those he identifies as his associates to name a Serb physician or team of doctors that is acceptable to him. To date, Šešelj has not provided any name despite the Tribunal's willingness to accommodate his request for medical assistance of his choosing, in accordance with Rule 31 of the Tribunal's Rules of Detention. Throughout the period of Šešelj's refusal to accept food or medical care, the Tribunal has provided briefings and sought to ensure that diplomats and government officials from the host state and the Republic of Serbia are kept well informed. Moreover, the Tribunal has maintained contact with leading international experts on detention and relevant related matters, such as the International Committee of the Red Cross (ICRC). Indeed, the Tribunal has extended an invitation to the ICRC to visit the Tribunal to provide their expertise and opinions, as well as visit the Tribunal's Detention Unit and Dutch prison hospital. In addition, ICRC representatives have been invited to meet Šešelj in the Dutch prison hospital. "

Vojislav Šešelj to resume taking food (8 December 2006)

From the ICTY: "Vojislav Šešelj has informed the Tribunal that he will resume taking foodstuffs and receive medical attention, ending his refusal since 11 November 2006 to do so. The Tribunal's doctor commenced an examination of Šešelj in order to determine his condition and what immediate steps are required in order to safeguard his health. Šešelj informed the Tribunal that his decision was made in view of the Appeals Chamber's decision issued today, as well as commitments from the Registry to facilitate many of his requests concerning arrangements for his defence. The Appeals Chamber's decision granted Šešelj's appeal against the Trial Chamber's decision to impose stand by counsel. The Appeals Chamber ruled that all trial proceedings in this case following the order of the Trial Chamber directing the Registry to appoint standby counsel are set aside. The trial of Šešelj is suspended until such time as he is fit enough to fully participate in the proceeding as a self-represented accused. In addressing Šešelj's appeal, the Appeals Chamber found that, while appreciating the efforts of the Trial Chamber to ensure the fair and expeditious conduct of this trial, the Trial Chamber abused its discretion by immediately ordering the imposition of standby counsel, without first establishing additional obstructionist behaviour on the part of Šešelj warranting that imposition."

• Full-text of decision
  

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (October 2006)

Elizaphan Ntakirutimana Released After Serving Sentence (6 December 2006)

From the ICTR: " Elizaphan Ntakirutimana, (81) former senior pastor of the Seventh-day Adventist church who on 19 February 2003 was sentenced to ten years’ imprisonment after being convicted of aiding and abetting genocide in Rwanda, was today released from prison at the end of his sentence. Pastor Ntakirutimana was first arrested on 29 September 1996 in Texas, USA, and then released and re-arrested. He was transferred to the Detention Facility in Arusha on 24 March 2000 and made his initial appearance on 31 March 2000. During his sentencing Trial Chamber I of the Tribunal ruled that credit was to be given for the time the accused had already served on remand in the United States and Arusha, Tanzania. The accused becomes the first ICTR convict to be released after serving his sentence. Elizaphan was jointly charged with his son Gerard, who was sentenced to 25 years in prison. The two accused jointly faced two indictments, the ‘Mugonero’ indictment with five counts and the ‘Bisesero’ indictment with seven counts. Both indictments charged the accused with genocide, or in the alternative complicity in genocide, conspiracy to commit genocide as well as crimes against humanity. The Appeals Chamber found Elizaphan Ntakirutimana guilty of aiding and abetting in genocide and aiding and abetting extermination as a crime against humanity. It confirmed that Trial Chamber factual findings that he had transported attackers to places where they pursued and killed Tutsi refuges, and in the area of Bisesero he went to Murambi church and ordered the removal of the church roof so that it could no longer be used as shelter for the Tutsi, thus facilitating their being hunted down and killed."

Latest Decisions:

• THE PROSECUTOR v. Michel BAGARAGAZA Case No. ICTR-2005-86-I, DECISION ON THE PROSECUTOR’S APPLICATION FOR LEAVE TO AMEND THE INDICTMENT: Rule 50 of the Rules of Procedure and Evidence (30 November 2006)
• Karemera et al., Case No. ICTR-98-44-AR73(c), DECISION ON MOTIONS FOR RECONSIDERATION (1 December 2006)
• Nahimana et al., v. THE PROSECUTOR, Case No. ICTR-99-52-A, ORDER FOR RE-CERTIFICATION OF THE RECORD (6 December 2006)

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 8 December 2006

New Prosecutor for the Special Court for Sierra Leone (7 December 2006)

From the SCSL: "The Secretary-General of the United Nations, Kofi Annan, has appointed Mr Stephen Rapp as the new Prosecutor of the Special Court for Sierra Leone. Mr Rapp succeeds Desmond de Silva, QC, who announced in April this year he would not be seeking to renew his contract after it expired in June 2006. Deputy Prosecutor Dr Christopher Staker has been Acting Prosecutor since Mr de Silva’s departure. Mr Rapp, an American, has been Chief of Prosecutions at the United Nations-International Criminal Tribunal for Rwanda (ICTR) since May 2005. In this position, Mr Rapp has been responsible for supervising the prosecution of military, government and political leaders responsible for the Rwandan genocide in trials at the ICTR in Arusha, Tanzania."

Case Developments & Resources:

The Civil Defence Forces (CDF) Accused

The Revolutionary United Front (RUF) Accused

• Decision on Sesay Defence motion for immediate protective measures for witnesses and victims and for non-public disclosure (30 November 2006)

The Armed Forces Revolutionary Council (ARFC) Accused

Prosecutor v. Charles Taylor

• Decision on urgent and public Defence motion requesting removal of camera from conference room (30 November 2006)
  

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

• Décision sur la requête du conseil ad hoc de la Défense sollicitant l'autorisation d'interjeter appel (8 December 2006)

Situation in Central African Republic

• Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic (30 November 2006)

Situation in Uganda

1. The Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (Pre-Trial Phase)

• Order to the Prosecutor for the submission of additional information on the status of the execution of the warrants of arrest in the situation in Uganda (30 November 2006)
• Submission of additional information on the status of the execution of the warrants of arrest in the situation in Uganda (8 December 2006)

Situation in Democratic Republic of Congo

1. The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase)

• Observations of the Democratic Republic of the Congo (21 November 2006)
• Order of the Appeals Chamber (4 December 2006)
• Conclusions de la Défense concernant les faits discutés à l'audience de confirmation des charges (7 December 2006)
• Defence brief on matters the Defence raised during the confirmation hearing - Legal observations (7 December 2006)
• Décision relative à la requête de l’Accusation aux fins de réexamen et, à titre subsidiaire, d’autorisation d’interjeter appel (8 December 2006)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

This Week in Public International Law Scholarship (No. 30)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact [email protected].

Books:

Kelly D. Askin, Women And International Human Rights Law

Nancy Amoury Combs, Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach

Daniel G. Partan, International Law Processes

Michael P. Scharf, The Law of International Organizations: Problems and Materials, Second Edition

Ralph G. Steinhardt, International Human Rights: Cases and Materials

Articles:

International Review of the Red Cross (Switzerland), Volume 88, Number 862, June 2006

• Yasmin Naqvi, The right to the truth in international law: fact or fiction?
• Elizabeth Salmón., Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience
• Monique Crettol and Anne-Marie La Rosa, The missing and transitional justice: the right to know and the fight against impunity
• Toni Pfanner, Cooperation between truth commissions and the International Committee of the Red Cross
• Xavier Philippe, The principles of universal jurisdiction and complementarity: how do the two principles intermesh?
• Michael A. Newton, The Iraqi High Criminal Court: controversy and contributions

Cambridge Law Journal (United Kingdom), Volume 65, Issue 3, November 2006

• Roger O'Keefe, CRIMES, THE COURTS AND CUSTOMARY INTERNATIONAL LAW
• Penelope Nevill, QUALIFYING THE HUMAN RIGHTS ACT: DETENTION UNDER SECURITY COUNCIL RESOLUTIONS
• Jillaine Seymour, IMMUNITY FOR TORTURE: THE STATE AND ITS REPRESENTATIVES REUNITED

Oregon Review of International Law, Volume 8, Number 2, Summer 2006

• Ben Chigara, Short-Circuiting International Law
• Luz E. Nagle, Prosecuting the Use of Anti-personnel Mines By Illegal Armed Groups: The Colombian Situation
• Christopher H. Lytton, Blood for Hire: How the War in Iraq Has Reinvented the World's Second Oldest Profession

Max Planck Yearbook of United Nations Law (Germany), Volume 10, 2006

• Schrijver, Nico J., The Future of the Charter of the United Nations
• Hilpold, Peter, The Duty to Protect and the Reform of the United Nations -- A New Step in the Development of International Law?
• Munch, Wolfgang, Wrongdoing of International Civil Servants -- Referral of Cases to National Authorities for Criminal Prosecution
• Schmitt, Michael N., International Law and Military Operations in Space
• Segura-Serrano, Antonio, Internet Regulation and the Role of International Law
• Leininger, Julia, Democracy and UN Peace-Keeping -- Conflict Resolution through State-Building and Democracy Promotion in Haiti

Human Rights Law Review (United Kingdom), Volume 6, Number 3, 2006

• David Kinley and Rachel Chambers, The UN Human Rights Norms for Corporations: The Private Implications of Public International Law
• Olympia Bekou and Sangeeta Shah, Realising the Potential of the International Criminal Court: The African Experience

Rutgers Law Journal Volume 37, Number 3, Spring 2006

• Beth Stephens, FILARTIGA V. PENA-IRALA: FROM FAMILY TRAGEDY TO HUMAN RIGHTS ACCOUNTABILITY
• William R. Casto, THE NEW FEDERAL COMMON LAW OF TORT REMEDIES FOR VIOLATIONS OF INTERNATIONAL LAW
• William R. Casto, REGULATING THE NEW PRIVATEERS OF THE TWENTY-FIRST CENTURY
• Laura A. Dickinson, FILARTIGA'S LEGACY IN AN ERA OF MILITARY PRIVATIZATION
• Richard Henry Seamon, U.S. TORTURE AS A TORT
• Ari Afilalo, LOSING CONTROL (YET AGAIN): THE GLOBALIZATION OF THE ALIEN TORT STATUTE

Security Council Compendium (No. 18)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

Security Council Resolutions

S/RES/1723 (28 November 2006) The situation concerning Iraq

Synopsis of Resolution 1723: A Chapter VII Resolution, Resolution 1723 extends the mandate of the multinational force in Iraq until 31 December 2007 and "reaffirms the authorization for the multinational force as set forth in resolution 1546 (2004)." Resolution 1723 also "notes that the presence of the multinational force in Iraq is at the request of the Government of Iraq." The authorization of Resolution 1546 referred to by Resolution 1723 states, in part: "the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq." The extension of the mandate created by Resolution 1723 contains the qualification that "the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or no later than 15 June 2007, and declares that [the Security Council] will terminate this mandate earlier if requested by the Government of Iraq." Resolution 1723 also extends "the arrangements established in paragraph 20 of resolution 1483 (2003) for the depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products, and natural gas" until 31 December 2007, which may be reviewed at the request of the Iraqi Government or no later than 15 June 2007.

Resolution 1723 resources:

• United Nations Assistance Mission for Iraq

S/RES/1724 (29 November 2006) The situation in Somalia

Synopsis of Resolution 1724: After a preamble that includes the condemnation of "the significant increase in the flow of weapons and ammunition supplies to and through Somalia, which constitutes a violation of the arms embargo and a serious threat to peace and stability in Somalia," Resolution 1724, a Chapter VII Resolution, "stresses the obligation of all Member States to comply fully with the measures imposed by resolution 733 (1992)." Resolution 733 includes the explicit directive "that all States shall, for purposes of establishing peace and security in Somalia, immediately implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia until the Council decides otherwise." Resolution 1724 also requests the Secretary-General to re-establish both the Committee created by Resolution 733 and the Monitoring Group created by Resolution 1558 (2004) (the Monitoring Group was originally created by Resolution 1519 (2003) and re-established and modified by Resolution 1558) to assist in enforcing the embargo established by Resolution 733. Resolution 1724 also requests that the 733 Committee "recommend to the Council ways to improve implementation of and compliance with the arms embargo, in response to continuing violations."

Security Council Meetings

S/PV.5573 (28 November 2006) Children and armed conflict [no action]

S/PV.5573 (Resumption 1) (28 November 2006) Children and armed conflict [S/PRST/2006/48]

S/PV.5574 (28 November 2006) Iraq [S/RES/1723; Vote: 15-0-0]

S/PV.5575 (29 November 2006) Somalia [S/RES/1724; Vote: 15-0-0]

S/PV.5576 (1 December 2006) Letter dated 22 November 2006 from the Secretary-General addressed to the President of the Security Council [S/PRST/2006/49]

S/PV.5577 (4 December 2006) Civilians in armed conflict [no action]

S/PV.5577 (Resumption 1) (4 December 2006) Civilians in armed conflict [no action]

Statements By Security Council President (November 2006 - Peru; December 2006 - Qatar)

S/PRST/2006/48 (28 November 2006) Children and armed conflict

S/PRST/2006/49 (1 December 2006) Letter dated 22 November 2006 from the Secretary-General addressed to the President of the Security Council (welcoming "the signing on 21 November by the Government of Nepal and the Communist Party of Nepal (Maoist) of a Comprehensive Peace Agreement, and the commitment both parties have stated to transforming the existing ceasefire into a permanent peace")

Statements to Press By Security Council President

SC/8881 (29 November 2006) FIJI

SC/8885 (4 December 2006) PROTECTION OF CIVILIANS IN ARMED CONFLICTS

Security Council President and Secretary-General Letters

S/2006/920 (27 November 2006) Letter dated 22 November 2006 from the Secretary-General to the President of the Security Council (Nepal)

S/2006/923 (29 November 2006) Letter dated 30 October 2006 from the Secretary-General addressed to the President of the Security Council (Special Representative for Timor-Leste and Head of the United Nations Integrated Mission in Timor-Leste (UNMIT))

S/2006/924 (29 November 2006) Letter dated 29 November 2006 from the President of the Security Council to the Secretary-General (Special Representative for Timor-Leste and Head of the United Nations Integrated Mission in Timor-Leste (UNMIT))

S/2006/926 (29 November 2006) Letter dated 28 November 2006 from the Secretary-General to the President of the Security Council (Sudan - Panel of Experts)

S/2006/928 (29 November 2006) Letter dated 21 November 2006 from the President of the Security Council to the Secretary-General (descriptive index to notes and statements by the President of the Council relating to documentation and procedure)

S/2006/930 (1 December 2006) Letter dated 30 November 2006 from the Secretary-General to the President of the Security Council (Special Envoy for the Lord’s Resistance Army’s (LRA)-affected areas)

S/2006/934 (1 December 2006) Letter dated 30 November 2006 from the Secretary-General to the President of the Security Council (United Nations Peacebuilding Support Office in the Central African Republic (BONUCA))

Reports of the Secretary-General

S/2006/906 (20 November 2006) Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo

S/2006/922 (28 November 2006) Third report of the Secretary-General on the United Nations Integrated Office in Sierra Leone

S/2006/931 (1 December 2006) Report of the Secretary-General on the United Nations operation in Cyprus

S/2006/938 (4 December 2006) Report of the Secretary-General on the United Nations Disengagement Observer Force (for the period from 10 June 2006 to 1 December 2006)

Security Council Monthly Programme of Work (as of 1 December 2006)

2006 Archived Webcasts of Security Council Meetings

International Courts & Tribunals at a Glance (No. 22)

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

International Court of Justice (ICJ)

Pulp Mills on the River Uruguay (Argentina v. Uruguay)

Uruguay submits a request for the indication of provisional measures: Public hearings to open on Monday 18 December 2006 (29 November 2006)--Uruguay requests the ICJ to provide the following provisional measures: “While awaiting the final Judgment of the Court, Argentina: (i) Shall take all reasonable and appropriate steps at its disposal to prevent or end the interruption of transit between Uruguay and Argentina, including the blockading of bridges and roads between the two States; (ii) Shall abstain from any measure that might aggravate, extend or make more difficult the settlement of this dispute; and (iii) Shall abstain from any other measure that might prejudice the rights of Uruguay in dispute before the Court.” Uruguay's request is based upon "groups of Argentine citizens [that] have blockaded a vital international bridge over the Uruguay river, shutting off commercial and tourist travel from Argentina to Uruguay” since 20 November 2006. In its application for provisional measures, Uruguay argues “the stated purpose of the blockade is to compel [it] to accede to Argentina’s demand that it permanently ends construction of the Botnia cellulose plant . . . and to prevent the plant from ever coming into operation.” The construction of the cellulose plants ("pulp mills") is the issue at dispute in Argentina's original application before the ICJ (whether the construction of the pulp mills violates the Statute of the River Uruguay, a treaty signed by Argentina and Uruguay on 26 February 1975). Note, this request for provisional measures made by Uruguay is separate and distinct from a request for provisional measures made by Argentina, which was denied, on 13 July 2006.

• Case resources

Cases currently being heard/under deliberation:

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
2. Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)--Hearings concerning preliminary objections raised by the Democratic Republic of the Congo (DRC) regarding the admissibility of the Application being held 27 November to 1 December:

• Public sitting held on Monday 27 November 2006, at 10 a.m., at the Peace Palace, President Higgins presiding
• Public sitting held on Tuesday 28 November 2006, at 10 a.m., at the Peace Palace, President Higgins and Vice-President Al-Khasawneh presiding, successively
• Public sitting held on Wednesday 29 November 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (29 November 2006)

Blaškić Case Concluded (24 November 2006)

From the ICTY: "The Tribunal's Appeals Chamber dismissed in its entirety the prosecution's request for review of the appeals judgement in the case of Tihomir Blaškić, a Bosnian Croat general, thus bringing the case to a close. In its request, prosecution argued that the Appeals Chamber should, in light of six new facts discovered, review its judgement which overturned the Trial Chamber's finding that Blaškić was responsible for ordering the massacre in the village of Ahmići on 16 April 1993 and that he was responsible for crimes committed in the village of Grbavica, both in Central Bosnia. The Appeals Chamber in yesterday's decision found that the prosecution's request for review did not contain 'new facts' in accordance with the Rules of Procedure and Evidence, but rather additional evidence in relation to facts considered earlier in the case. It concluded that a review of the appeals judgement was not warranted on that basis. This effectively concludes the case against Blaškić, a former commander of the Croatian Defence Council (HVO) indicted on 10 November 1995. Blaškić was charged with, inter alia, persecutions, unlawful attacks against the civilian population, wilful killing, taking civilian hostages and using them as human shields and crimes committed against Bosnian Muslims in central Bosnia and Herzegovina between 1 May 1992 and 31 January 1994. On 3 March 2000, Trial Chamber sentenced Blaškić to 45 years' imprisonment after finding him guilty of committing, ordering, planning, or otherwise aiding and abetting, various crimes against the Bosnian Muslim population in central Bosnia. Blaškić appealed the judgement and on 29 June 2004 Appeals Chamber reversed several findings of the Trial Chamber, including his responsibility for crimes in Ahmići and Grbavica, and reduced the sentence to nine years. He was released on 2 August 2004, after being granted early release by the Tribunal's President."

• Full text of the Appeals Chamber decision

Vojislav Šešelj Assigned Counsel By Trial Chamber (27 November 2006)

From the ICTY: "The Trial Chamber in the case against accused Vojislav Šešelj decided today to assign him defence counsel for the further conduct of his case. Judge Orie, the presiding judge, delivered the decision orally during the pre-trial conference which took place immediately before the commencement of trial and at which Šešelj failed to appear. In coming to its decision, the Trial Chamber considered various factors: the conduct of the accused especially in the period since the Appeals Chamber's decision of 20 October 2006, the warnings that have been issued to the accused by the Chamber during the status conferences on 8 and 22 November 2006 and by the Appeals Chamber in its decision, the fact that the accused has failed to respond to the Trial Chamber's invitation of 22 November to make submissions regarding his conduct and the question of his legal representation, as well as the fact that the accused persists in not taking food and that he persists in being absent from the proceedings. Finally, the Chamber concluded that the accused's self-representation in the course of the period since the 20 October 2006, "has substantially obstructed the proper and expeditious conduct of the proceedings" and found that "permanent assignment of counsel to represent the accused... is at this point justified"."

Blagoje Simić’s appeal partly granted, sentence reduced to fifteen years (28 November 2006)

From the ICTY: "In its judgement issued today, the Tribunal's Appeals Chamber reversed the finding of the Trial Chamber that Blagoje Simić participated in a joint criminal enterprise whose aim was persecution of non-Serbs in the Bosanski Šamac municipality in northern Bosnia. On 17 October 2003, Simić, a local Bosnian Serb politician, was convicted and sentenced to 17 years' imprisonment by the Trial Chamber for persecutions of non-Serb civilians in the municipality of Bosanski Šamac between 17 April 1992 and 31 December 1993. The non-Serb civilians were detained and confined under inhumane conditions, lacking sufficient space, food or water and were subjected to torture including sexual assaults, the extraction of teeth and threat of execution. The Appeals Chamber found that Simić was not informed that he was being accused of participating in a joint criminal enterprise until the Prosecution had finished presenting its case, which rendered the trial unfair. The Appeals Chamber also reversed Simić's conviction for persecution due to cruel and inhumane treatment in the form of torture and beating. However, the Appeals Chamber upheld Simić's conviction for aiding and abetting persecution in the form of the unlawful arrests and detention of non-Serb civilians, confinement of non-Serb prisoners in inhumane conditions, forced labour by Bosnian Croats and Bosnian Muslims, and forced displacement of non-Serb civilians."

• Summary of Judgement

Domagoj Margetić start of Contempt Trial (28 November 2006)

From the ICTY: "The trial of Domagoj Margetić, a Croatian freelance journalist charged with contempt of court, will take place on Thursday, 30 November 2006, starting at 9:00 in courtroom II. Margetić was indicted on 11 September 2006 for contempt of the Tribunal for revealing the names of protected witnesses who testified in the case against Tihomir Blaškić. He did so by publishing lists of protected witnesses on his personal website between 7 July and 2 August 2006 despite receiving explicit warning that the material was confidential and subject to court orders which prohibited publication. At his initial appearance on 13 October 2006, Margetić entered a plea of not guilty."

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (October 2006)

Case against Karera Closed (24 November 2006)

From the ICTR: "On 23 and 24 November 2006, the Prosecution and Defence in the case of François Karera, the former Prefect of Kigali-Rural, presented their final submissions before the Tribunal. Karera, former Prefect of Kigali-Rural, faces four counts charging him with genocide, complicity in genocide, extermination and murder as crimes against humanity. The indictment alleges that Karera ordered and instigated the killing of Tutsi civilians in Rushashi commune, Nyamirambo sector, and at Ntarama Church. He is specifically accused of ordering the massacre of hundreds of Tutsi civilians who sought refuge in a church at Ntarama, south of Kigali, in April 1994. Karera allegedly led a convoy of vehicles which brought Interahamwe militia and other armed men to the church where he joined them in attacking the refugees. The Prosecution called for the conviction of the Accused and the imposition of a life imprisonment sentence. It argued that evidence presented in court proved that he committed genocide and crimes against humanity, through instructing or encouraging the killing of Tutsi in April and May 1994 in Rushashi commune, Nyamirambo sector, and Ntarama Church, all within the Kigali area. The Prosecution further submitted that the evidence shows that the Accused was responsible as a superior for crimes committed by his subordinates. The Defence called for Karera’s acquittal, arguing that his implication in the crimes of which he is accused was not proven by the Prosecutor. According to the evidence, the Accused was absent from most of the alleged crime scenes. The Defence also submitted that the witnesses called by the Prosecution were unreliable, and that the indictment failed to include certain allegations which were later included in the Prosecution’s case."

Latest Decisions:

• Karemera et al, Case No. ICTR-98-44-T, DECISION ON ADMISSION OF UNAMIR DOCUMENTS: Rule 89 of the Rules of Procedure and Evidence (21 November 2006)
• Karemera et al, Case No. ICTR-98-44-T, DECISION ON DEFENCE MOTION TO OBTAIN DOCUMENTS PERTAINING TO WITNESS HH IN POSSESSION OF GOVERNMENT OF RWANDA: Article 20 of the Statute; Rules 54 and 98 of the Rules of Procedure and Evidence (27 November 2006)
• THE PROSECUTOR v. EMMANUEL RUKUNDO, Case No. ICTR-2001-70-T, DECISION ON PROSECUTOR’S MOTION FOR THE TRIAL CHAMBER TO TAKE JUDICIAL NOTICE OF FACTS OF COMMON KNOWLEDGE PURSUANT TO RULE 94(A) (29 November 2006)

The Special Court for Sierra Leone (SCSL)

Court Schedule

Court Summary, Week Ended 3 November 2006 (latest summary available as of 30 November)

Case Developments & Resources:

The Civil Defence Forces (CDF) Accused

The Revolutionary United Front (RUF) Accused

The Armed Forces Revolutionary Council (ARFC) Accused

• Decision on urgent Prosecution motion for relief to file a final brief not exceeding 500 pages (28 November 2006)
  

Prosecutor v. Charles Taylor

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (November 2006)

Opening of the fifth session of the Assembly of States Parties to the Rome Statute (24 November 2006)

Situations & Cases [All documents ]:

Situation in Dafur, Sudan

• Décision relative à la requête sollicitant l'autorisation d'interjeter appel du conseil ad hoc pour la Défense (22 November 2006)
• Décision relative aux conclusions aux fins d'exception d'incompétence et d'irrecevabilité (22 November 2006)

Situation in Central African Republic

Situation in Uganda

• Decision designating a Single Judge on Victim's issues (22 November 2006)

Situation in Democratic Republic of Congo

1. The Prosecutor v. Thomas Lubanga Dyilo (Pre-Trial Phase) http://www.icc-cpi.int/cases/RDC/c0106.html:

• Transcript - Confirmation of charges Hearing (23 November 2006)
• Response of Victims a/0001/06, a/0002/06 and a/0003/06 to the appeal of the Defence from the Decision on the application for interim release of Thomas Lubanga Dyilo (16 November 2006)

International Tribunal for the Law of the Sea (ITLOS)

Pending Cases and current status

This Week in Public International Law Scholarship (No. 29)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments, suggestions, or omissions please contact [email protected].

Books:

Council of Europe, Yearbook of the European Convention on Human Rights/Annuaire De La Convention Europeenne Des Droits De L'homme, 2005

Carin Laurin (ed.), Baltic Yearbook of International Law, Volume 6 (2006)

Ben Saul, Defining Terrorism in International Law

Articles:

International and Comparative Law Quarterly (United Kingdom), Volume 55, Number 4, October 2006

• Rosalyn Higgins, A BABEL OF JUDICIAL VOICES? RUMINATIONS FROM THE BENCH
• Elizabeth Wilmshurst, THE CHATHAM HOUSE PRINCIPLES OF INTERNATIONAL LAW ON THE USE OF FORCE IN SELF-DEFENCE

Nordic Journal of International Law (Sweden), Volume 75, Number 2, 2006

• Freeland, Steven, How Open Should the Door Be? Declarations by non-States Parties under Article 12(3) of the Rome Statute of the International Criminal Court
• Stahn, Carsten, Why some Doors may be Closed Already: Second Thoughts on a 'Case-by-Case' Treatment of Article 12 (3) Declarations
• Spadi, Fabio, Bolstering the Proliferation Security Initiative at Sea: A Comparative Analysis of Ship-boarding as a Bilateral and Multilateral Implementing Mechanism
• Vermeer-Kunzli, Annemarieke, Restricting Discretion: Judicial Review of Diplomatic Protection

Law and Practice of International Courts and Tribunals (Netherlands), Volume 5, Number 3, 2006

• Benzing, Markus, Community Interests in the Procedure of International Courts and Tribunals
• Hall, John A., In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia
• Roscini, Marco, The Efforts to Limit the International Criminal Court's Jurisdiction Over Nationals of Non-Party States: A Comparative Study
• Muller, Daniel, Procedural Developments at the International Court of Justice

International Journal of Marine and Coastal Law (Netherlands), Volume 21, Number 3, 2006

• Elferink, Alex G., Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective Oude
• Carleton, Chris, Article 76 of the UN Convention on the Law of the Sea: Implementation Problems from the Technical Perspective
• Macnab, Ron, Continental Shelf Submissions: The Record to Date
• Lodge, Michael W., The International Seabed Authority and Article 82 of the UN Convention on the Law of the Sea
• Rangel, Vicente Marotta, Settlement of Disputes Relating to the Delimitation of the Outer Continental Shelf: The Role of International Courts and Arbitral Tribunals
• Treves, Tullio, Remarks on Submissions to the Commission on the Limits of the Continental Shelf in Response to Judge Marotta's Report

Indiana Journal of Global Legal Studies, Volume 13, Number 2, Summer 2006

• Antenor Hallo de Wolf, Modern Condottieri in Iraq: Privatizing War from the Perspective of International and Human Rights Law

Security Council Compendium (No. 17)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise weekly summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

Security Council Resolutions

S/RES/1722 (21 November 2006) The situation in Bosnia and Herzegovina

Synopsis of Resolution 1722: A Chapter VII Resolution, 1722 reauthorizes "the Member States acting through or in cooperation with the EU to establish for a further period of 12 months, starting from the date of the adoption of this resolution, a multinational stabilization force (EUFOR) as a legal successor to SFOR under unified command and control, which will fulfil its missions in relation to the implementation of Annex 1-A and Annex 2 of the [General Framework Agreement for Peace in Bosnia and Herzegovina] in cooperation with the NATO Headquarters presence in accordance with the arrangements agreed between NATO and the EU as communicated to the Security Council in their letters of 19 November 2004, which recognize that the EUFOR will have the main peace stabilization role under the military aspects of the Peace Agreement." Resolution 1722 also reauthorizes "the Member States acting through or in cooperation with NATO to continue to maintain a NATO Headquarters as a legal successor to SFOR under unified command and control." Other than minor changes, Resolution 1722 is essentially a duplicate of Resolution 1639 (21 November 2005). Resolution 1639 itself is substantially similar to Resolution 1575 (22 November 2004). Cumulatively, all three Resolutions recognize EUFOR as a successor to SFOR and authorize Member States to continue their involvement with either EUFOR or NATO operations.

Resolution 1722 resources:

• EUFOR
• SFOR

Security Council Meetings

S/PV.5567 (21 November 2006) Bosnia and Herzegovina [S/RES/1722 (2006); Vote: 15-0-0]

S/PV.5568 (21 November 2006) Middle East situation, including the Palestinian question [no action]

S/PV.5569 (21 November 2006) Middle East situation [S/PRST/2006/46]

S/PV.5570 (22 November 2006) Afghanistan [no action]

S/PV.5571 (22 November 2006) Africa [no action]

S/PV.5572 (22 November 2006) Central African Republic [S/PRST/2006/47]

Statements By Security Council President (November 2006 - Peru)

S/PRST/2006/46 (21 November 2006) The situation in the Middle East (condemning the assassination of Lebanese Industry Minister Pierre Gemayel and "any attempt to destabilize Lebanon through political assassination or other terrorist acts")

S/PRST/2006/47 ( 22 November 2006) The situation in the Central African Republic (renewing the mandate of the United Nations Peacebuilding Support Office in the Central African Republic for one year and expressing "serious concern that instability along the border areas of Chad, Sudan and the Central African Republic represents a threat to security and stability in the Central African Republic and its neighbours, while noting that Central African defence and security forces are still unable to repel the armed groups in the northern and north-eastern parts of the country")

Statements to Press By Security Council President

None issued.

Security Council President and Secretary-General Letters

S/2006/907 (21 November 2006) Letter dated 17 November 2006 from the Secretary-General addressed to the President of the Security Council (Commissioner of the United Nations Monitoring, Verification and Inspection Commission)

S/2006/908 (21 November 2006) Letter dated 21 November 2006 from the President of the Security Council addressed to the Secretary-General (Commissioner of the United Nations Monitoring, Verification and Inspection Commission)

S/2006/911 (21 November 2006) Letter dated 21 November 2006 from the President of the Security Council addressed to the Secretary-General (Special Tribunal for Lebanon)

S/2006/911 (21 November 2006) Letter dated 21 November 2006 from the President of the Security Council addressed to the Secretary-General (Special Tribunal for Lebanon)

S/2006/914 (22 November 2006) Letter dated 21 November 2006 from the Secretary-General addressed to the President of the Security Council (Lebanon)

S/2006/915 (22 November 2006) Letter dated 22 November 2006 from the President of the Security Council addressed to the Secretary-General (Lebanon)

Reports of the Secretary-General

S/2006/893 S/2006/893/Add.1 (15 November 2006) Report of the Secretary-General on the establishment of a special tribunal for Lebanon

Security Council Monthly Programme of Work (as of 16 November 2006)

2006 Archived Webcasts of Security Council Meetings