Tag Archives: Alan Tieger

ICTY: Karadzic: Second Defence Motion Re Disclosure Violations Denied

2010-06-17, The Hague, The Netherlands. The Trial Chamber denied the defence motion seeking the exclusion of 14 pieces of evidence due to their late disclosure and/or seeking certification from the OTP that disclosure pursuant to Rule 66(A)(ii) has been completed. The Trial Chamber found that the reasons the OTP gave for the delayed disclosure, including “recent [...]
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ICTY: Karadzic: Chamber Forces Germany to Disclose Documents re its and UN’s Roles in Smuggling of Weapons into Srebrenica

2010-05-19, The Hague, The Netherlands. The Trial Chamber granted, in part, Karadzic’s motion to order Germany to produced documents related to participation of the U.S., German and UN personnel in smuggling of arms into Srebrenica between 1994 and 1995. Statement of Law. The Chamber held that in order to be successful, the motion for an [...]
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ICTY: Karadzic: Decision on Guidelines for the Admission of Evidence through Witnesses

2010-05-19, The Hague, The Netherlands. The Trial Chamber rendered a decision establishing the following guidelines for the admission of evidence through witnesses in the course of the trial: the Chamber will only admit evidence which it considers to be relevant and probative. The tendering party must demonstrate its relevance and probative value; as a general [...]
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ICTY: Gotovina: Leave to Appeal the Reopening of the Trial Granted

2010-05-10, The Hague, The Netherlands. Judge Orie certified the Cermak and Markac Defence appeal of the Chamber’s confidential decision to reopen the OTP’s case in order to present new evidence. Statement of Law and Application (Rule 73 (B)). 1. the decision involved an issue that would significantly affect the fair and expeditious conduct of the proceedings or [...]
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ICTY: Gotovina: Appeals Chamber Takes Word-Limits Seriously

2010-05-13, The Hague, The Netherlands. Judge Fausto Pocar of the Appeals Chamber granted, in part, Gotovina’s motion to strike the OTP’s Prosecution’s Response to Gotovina Defence Appeal Concerning Permanent Restraining Orders to the Republic of Croatia. The Appeals Chamber forced the OTP to refile their Response because the OTP inserted quotes from Gotovina’s arguments at [...]
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Croatia: Gotovina: Defence Files Criminal Complaint Against UN Observers

2010-04-26, Zagreb, Croatia. Luka Misetic, Ante Gotovina’s defence counsel, submitted a criminal complaint against former UNMO (United Nations Military Observers) staffers: Alexander Tchernetsky (Russia) , Viktor Tarusin (Russia; Chief Information Officer), and Peter Gage Williams (Britain; Colonel). The complaint alleges that Mr. Tchernetsky found military documents of Croatian Army related to the Operation Storm, a.k.a. [...]
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ICTY: Karadzic: TC Reiterates Its Refusal to Hear Deronjic’s Evidence

2010-04-20, The Hague, The Netherlands. The Chamber refused to reconsider its earlier decision to admit Miroslav Deronjic’s evidence under Rule 92 quater. Statement of Law – Reconsideration. The power of the Chamber to reconsider its decision is not provided for in the Statute or the Rules, but is established by the ICTY’s jurisprudence. The party seeking [...]
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ICTY: Karadzic: The First OTP Witness Testifies Today

2010-04-13, The Hague, The Netherlands. Ahmet Zulic, the first OTP witness in the Karadzic trial, will be testifying today about crimes committed in the detention camp near Sanski Most, where Mr. Zulic was detained. DW | BBC |
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ICTY: Karadzic: Decision Re Subpoena of an OTP Witness

2010-03-29, The Hague, The Netherlands. The decision arises from the Accused objection to the OTP’s request to admit into evidence, through Rule 92 bis, Ronald Eimers’s witness statements as well as transcripts of his testimony in the Dragomir Milosevic case. The Accused requested a subpoena to question Mr. Eimers as numerous requests to the Dutch government [...]
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ICTY: Gotovina: Guidance on the Admissibility of Unattested Rule 92 ter Statements as Previous Inconsistent Statements

2010-03-30, The Hague, The Netherlands. The Guidance deals with the admission of those parts of Rule 92 ter statements that witnesses fail to attest to in the course of their in-court testimony, and that, as a result, constitute previous inconsistent statements. Previous inconsistent statement may be admitted into evidence for the following two purposes (TC [...]
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