Author Archives: Editor

Israel: Cvetkovic: Supreme Court Upheld the Decision to Extradite on Genocide Charges

By Editor | Published: November 30, 2012

2012-11-30, Jerusalem, Israel. The Supreme Court of Israel upheld the decision of the District Court of Jerusalem authorizing the extradition of Aleksandar Cvetkovic to face prosecution before the War Crimes Section of the Court of Bosnia and Herzegovina. During Bosnian War, Mr. Cvetkovic was a member of the 10th Reconnaissance Squad with the Main Headquarters [...]

Posted in BiH WCS | Tagged Aleksandar Cvetkovic, appeal, BiH, Bosnia and Herzegovina, Bosnian Muslims, Branjevo farm, charges, citizen, citizenship, District Court, extradition, genocide, genocide charges, immigration, Israel, Jerusalem, July 1995, Main Headquarters, Nick Kaufman, Pilica, Republika Srpska Army, Sarajevo, Srebrenica, Supreme Court of Israel, Tenth Reconnaissance Squad, War Crimes Section, Zvornik municipality | Comments closed

US: Mujagic Arrested for War Crimes Allegedly Committed during Bosnian War

By Editor | Published: November 29, 2012

November 28, 2012, Utica, NY, United States. U.S. immigration agents arrested Sulejman Mujagic, 50, on an extradition request made by Bosnia and Herzegovina. Mr. Mujagic is accused of unlawfully killing one (Ekrem Baltic) and torturing another (Nisvet Cordic) soldier of the Army of Bosnia and Herzegovina on March 6, 1995. At that time, Mr. Mujagic was [...]

Posted in BiH WCS | Tagged Autonomous Province of Western Bosnia, BiH, Bosnia and Herzegovina, Commander, Ekrem Baltic, extradition, HIS, Homeland Security Investigations, ICE, Immigration and Customs Enforcement, New York, Nisvet Cordic, permanent resident, prisoner of war, Sulejman Mujagic, torture, Una-Sana Canton, United States, unlawful killing, unlawful wounding, Utica, war crime | Comments closed

ECHR: Ahorugeze: Court Gives Green Light to an Extradition to Rwanda

By Editor | Published: November 9, 2011

2011-10-27, Strasbourg, France. The European Court of Human Rights held that an extradition of Sylvere Ahorugeze, a Rwandan national of Hutu ethnicity, to Rwanda to face genocide charges will neither violate the prohibition of inhuman or degrading treatment or punishment, nor his right to a fair trial. The Chamber found that: there was no evidence [...]

Posted in ECHR | Tagged Carl Henrik Ehrenkrona, charges, Denmark, ECHR, ethnicity, European Court of Human Rights, extradition, France, genocide, Hans Bredberg, health, Hutu, ill-treatment, impartiality, independence, Interahamwe, international arrest warrant, international standards, Kigali Central Prison, Mpanga Prison, persecution, personal circumstances, preliminary investigation, prohibition of inhuman or degrading treatment or punishment, public prosecutor, refugee status, right to a fair trial, Rwanda, Rwandan Civil Aviation Authority, Rwandan Embassy, Rwandan judiciary, Strasbourg, Sweden, Sylvere Ahorugeze, witness testimony | Comments closed

ECCC: 002: No Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity

By Editor | Published: November 2, 2011

2010-10-26, Phnom Penh, Cambodia. The Trial Chamber granted the Co-Prosecutors’ motion to exclude armed conflict nexus requirement from the definition of crimes against humanity. This decision effectively reversed the Pre-Trial Chamber’s decision holding that it was not clear whether a nexus to armed conflict was part of the customary international law definition of crimes against humanity [...]

Posted in ECCC | Tagged 002/19-09-2007/ECCC/TC, 1954 ILC Draft Code, 1975-1979, Ad Hoc Committee on, admissibility, Amended Closing Order, Andrew Cayley, Angudom, Apartheid, Article 5, Chea Leang, Closing Order, Convention, crimes against humanity, customary international law, Diana ELLIS, ECCC, ECCC Law, Einsatzgruppen, Elisabeth SIMONNEAU FORT, Extraordinary Chambers in the Courts of Cambodia, Flick, Genocide Convention, Ieng Sary, Ieng Thirith, in dubio pro reo, International Criminal Court, International Law Commission, Jaques VERGES, Jean-Marc Lavergne, Justice, Khieu Samphan, linkage to armed conflict, Michael G. Karna V As, Michiel PESTMAN, nexus to armed conflict, Nil Nonn, Nuonchea, Pha T Pouv Seang, PICH Ang, Pre-Trial Chamber, principle of legality, Rule 89(1)(a), Rule 98, Rule 98(2), Sa Sovan, Silvia Cartwright, SON Arun, statute of limitations, temporal jurisdiction, the Establishment of the ICC, Thou Mony, Victor KOPPE, Ya Sokhan | Comments closed

Denmark: Court of Appeal: Danish Genocide Law Has No Extraterritorial Application

By Editor | Published: November 1, 2011

2011-10-24, Copenhagen, Denmark. The Eastern High Court of Appeal held that the Danish Act No. 132 of 29 of April 1955 Concerning the Punishment of Genocide cannot be used to prosecute Accused for acts of genocide committed outside Denmark. The Court stated that ”the wording of the law does not provide a basis to assume that the intention was [...]

Posted in Domestic Courts, Gacaca | Tagged acts of genocide, charges, Copenhagen, custody, Danish Act No. 132 of 29 of April 1955, Denmark, Eastern High Court of Appeal, extradition, extraterritorial jurisdiction, Gacaca Court, genocide, Genocide Convention, Genocide Fugitives Tracking Unit, GFTU, headmaster. grenades, in absentia, John Bosco Siboyintore, Kabuye Hill, killing, life sentence, murder, National Public Prosecution Authority, NPPA, prosecution, Punishment of Genocide, road blocks, Roskilde, Rwanda, Rwandan man, subsidiary murder, Tutsis | Comments closed

ICC: Mbarushimana: PTC Rejects the Defence Challenge to the Jurisdiction of the Court

By Editor | Published: November 1, 2011

2011-10-26, The Hague, The Netherlands. The Pre-Trial Chamber of the International Criminal Court rejected the Defence challenge to the jurisdiction of the ICC. The defence argued that the original referral by the DRC government only covered crimes committed in the Ituri region prior to the referral. As a result, according to the defence, the Court [...]

Posted in ICC | Tagged 1445, 1565, Anton Steynberg, article 14(1), Article 19(4), balance of probabilities, beyond a reasonable doubt, Callixte Mbarushimana, complementarity, Cuno Tarfusser, Democratic Forces for the Liberation of Rwanda, Democratic Republic of the Congo, Didier Preira, Fatou Bensouda, FDLR, Forces démocratiques de libération du Rwanda, geographical limit, Ghislain Mabanga Monga Mabanga, ICC, ICC Rome Statute, ICC-01/04-01/10, International Criminal Court, Jean-Louis Gilissen, Joseph Keta, jurisdiction, Kivus, link, Luis Moreno-Ocampo, Mayombo Kassongo, MONUC, Nicholas Kaufman, North Kivus, objective criteria, Orientale Province, Paolina Massidda, referral, Resolution, Rome Statute, rule 58(1), Sanji Mmasenono Monageng, Sarah Pellet, Security Council, Senior Trial Lawyer, Silvana Arbia, situation, situation of crisis, South Kivus, standard of proof, Sylvia Steiner, temporal limit, the Democratic Republic of the Congo, The Prosecutor V. Callixte Mbarushimana, Yael Vias-Gvirsman | Comments closed

ECCC: 002: Trial Chamber Rejects JCEIII

By Editor | Published: October 25, 2011

2011-09-12, Phnom Penh, Cambodia. After reviewing the WWII jurisprudence cited by the ICTY and the STL in support of JCE III, the ECCC Trial Chamber found that the inference drawn by those tribunals that post-WWII convictions were based on JCE III “was not the only possible one based on the surviving record.” As a result, the [...]

Posted in ECCC | Tagged 002/19-09-2007/ECCC/TC, Andrew Cayley, Ang Udom, applicability, Borkum Island Case, Brima et. al., Chea Leang, common criminal plan, Control Council Law No. 10, customary international law, Diana ELLIS, Duch Judgement, Elisabeth SIMONNEAU FORT, Essen Lynching Case, extended form, form of responsibility, general principle of law, genocidal intent, genocide, ICTY Appeals Chamber, Ieng Sary, Ieng Thirith, Jaques VERGES, JCE I, JCE II, JCE III, Jean-Marc Lavergne, joint criminal enterprise, jurisdictional challenge, Khieu Samphan, Krnojetac, Kvocka, Michael G. Karnavas, Michiel PESTMAN, Munyakazi, Nil Nonn, non-criminal common plan, Nuon Chea, participation, Phat Pouv Seang, PICH Ang, preliminary objections, Prosecutor v. Tadic, re-characterization, Rule 89, Sa Sovan, SCSL, Silvia Cartwright, Simba, SON Arun, specific intent, Thou Mony, Ulrich and Merkle, Victor KOPPE, Wuelfert, Ya Sokhan | Comments closed

France: Paris Court Refuses Extradition of Ms. Habyarimana to Rwanda

By Editor | Published: September 29, 2011

2011-09-28, Paris, France. The Paris Appeals Court refused to extradite Agathe Habyarimana, widow of the former Rwandan president, to Rwanda to face genocide and crimes against humanity charges arising from the 1994 Rwandan genocide. Rwandan government alleged that Ms. Habyarimana, 69, was a member of a group that planned the 1994 Rwandan genocide. Martin Ngoga, the Prosecutor General [...]

Posted in Domestic Courts | Tagged 1994 genocide, Agathe Habyarimana, akazu, Belgium, crimes against humanity, extradition, France, genocide, Genocide Fugitive Tracking Unit, Hutu, international arrest warrant, Interpol, Jean de Dieu Mucyo, John Bosco Mutangana, John Bosco Siboyintore, Juvenal Habyarimana, Martin Ngoga, Philippe Meilhac, Protais Zigiranyirazo, Rwanda, Rwandan president, widow | Comments closed

United Kingdom: Parliament Amends ‘Universal Jurisdiction’ Law

By Editor | Published: September 22, 2011

2011-09-15, London, United Kingdom. The Police Reform and Social Responsibility Act 2011 that amended several acts including the Magistrates’ Courts Act 1980 received Royal Assent and became law. Under the amendment, judges hearing criminal complaints filed by private parties can no longer issue warrants without the consent of the Director of Public Prosecutions. Previously, a magistrate court judge could issue a [...]

Posted in Domestic Courts | Tagged arrest warrant, criminal complaint, David Cameron, Director of Public Prosecutions, Foreign Minister, immunity, information, Israel, London, Magistrates’ Courts Act, Matthew Gould, Police Reform and Social Responsibility Act, private parties, private prosecutions, Royal Assent, Section 1, Section 153, Tzipi Livni, United Kingdom, universal jurisdiction | Comments closed

Switzerland: Dias: Sri Lankan Major General Investigated for War Crimes

By Editor | Published: September 22, 2011

2011-09-22, Berne, Switzerland. The Swiss Federal Prosecutor initiated a criminal investigation against Jagath Dias, Major General and the commander of the 57th Division of the Sri Lankan Army during the May 2009 Operation against the Liberation Tigers of Tamil Eelam (LTTE). The investigation has been initiated as a result of a criminal complaint filed with [...]

Posted in Domestic Courts | Tagged 57th Division, ambassador, criminal complaint, criminal investigation, diplomatic immunity, diplomatic visa, dossier, ECCHR, European Center for Constitutional and Human Rights, Federal Department of Foreign Affairs, Federal Foreign Office, federal prosecutor, Germany, hospitals, humanitarian institutions, Jagath Dias, Liberation Tigers of Tamil Eelam, LTTE, Major General, no-fire-zones, Office of the Attorney General, religious sites, Society for Threatened Peoples Switzerland, Sri Lanka, Sri Lankan Army, Switzerland, the Vatican, TRIAL, UN-Expert Panel Report, war crimes | Comments closed

Search
Archives
Categories
- BiH WCS
- Domestic Courts
- ECCC
- ECHR
- Gacaca
- ICC
- ICJ
- ICTR
- ICTY
- Report
- SCSL
- STL
- UNHRC
Tags

admission Alan Tieger Andrew Cayley appeal application Argentina arrest Baltasar Garzon BiH charges crimes against humanity Croatia disclosure Ejup Ganic extradition fair trial Fatou Bensouda Fausto Pocar France genocide ICC indictment International Criminal Court international criminal procedure Investigation JNA jurisdiction Kenya Luis Moreno-Ocampo motion murder probative value Radovan Karadzic rape Richard Harvey Rome Statute Rules of Procedure and Evidence Rwanda Sarajevo Serbia Srebrenica torture United States universal jurisdiction war crimes

Meta
- Log in