Tag Archives: International Criminal Court

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 | Also 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 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

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 | Also 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, 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

ICC: Lubanga: OTP Shall Disclose Information Re Defence Witnesses

By Editor | Published: February 2, 2011

2010-11-12, The Hague, The Netherlands. In its Decision on the Scope of the Prosecution’s Disclosure Obligations as regards Defence Witnesses, the Trial Chamber held that the prosecution’s disclosure obligations under Rule 11 are wide, and they encompass, inter alia, any item that is relevant to the preparation of the defence, and include not only material [...]

Posted in ICC | Also tagged Adrian Fulford, Article 21(1), Article 54(1), Article 64, Article 64(3)(c), Article 67, Article 67(2), Carine Bapita Buyangandu, Catherine Mabille, Congo, credibility, credible, defence preparation, defence witness, disclose, disclosure, documents, efficiency, efficient trial, Elizabeth Odio Benito, exculpatory evidence, fair trial, Fatou Bensouda, Franck Mulenda, good faith, guilt, Hervé Diakiese, ICC-01/04-01/06, innocence, investigator, Jean Chrysostome Mulamba Nsokoloni, Jean-Marie Biju-Duval, Joseph Keta Orwinyo, Judge René Blattmann, Luc Walleyn, Luis Moreno-Ocampo, material to the preparation of the defence, mitigation, objection, Paolina Massidda, Paul Kabongo Tshibangu, proposed witness, reactionary, reliable, Rome Statute, Rule 11, Rule 76, Rule 77, Rule 78, Rule 81, Rules of Procedure and Evidence, Silvana Arbia, strategy, Thomas Lubanga Dyilo, Trial Chamber I, truth, underlying information, United States v. Jackson, Zejnil Delalic | Comments closed

Abstract: Access: Victims’ Rights before the International Criminal Court (Issue 17)

By Editor | Published: January 6, 2011

What: Access: Victims’ Rights before the International Criminal Court Issue 17 Who: Victims’ Rights Working Group When: Winter 2010 When: VRWG Abstract: This issue includes articles that address Bemba & Lubanga Trials, Callixte Mbarushimana case, Arrest of Mai Mai Chief for Walikale violence, Review Conference, First trial in motion before the War Crimes Division – Uganda, UVF [...]

Posted in ICC, Report | Also tagged Bemba trial, Callixte Mbarushimana, Extraordinary Chambers in the Courts of Cambodia, interview, Investigation, Kenya, Lubanga trial, Mai Mai Chief, Maitre Marie-Edith, protection, recommendations, Review Conference, Uganda, UVF, victims, victims' rights, Victims' Rights Working Group, VRWG, Walikale violence, War Crimes Division Uganda, witnesses | Comments closed

Abstract: Bringing Power to Justice: Absence of Immunity for Heads of States before the International Criminal Court

By Editor | Published: January 5, 2011

What: Bringing Power to Justice: Absence of immunity for heads of state before the International Criminal Court Who: Amnesty International, International Justice Project team When: 9 December 2010 Where: AI Website Abstract: “This paper analyses the absence of immunity for heads of state before the International Criminal Court (ICC or the Court) and discusses its [...]

Posted in ICC, Report | Also tagged Amnesty International, arrest, head of state, ICC, immunity, Omar al-Bashir, request for assistance, request for surrender, Rome Statute, Sudan, surrender | Comments closed

ICC: Kenya: OTP Releases the Names of 6 Accused in the Kenyan Post-Election Violence Case

By Editor | Published: December 22, 2010

2010-12-15, The Hague, The Netherlands. The ICC Prosecutor requested PTC II to issue Summonses to Appear for 6 Kenyan citizens, because he found that there were reasonable grounds to believe that these individuals were responsible for the post-election violence (PEV) in Kenya. These are: First Case: 1. William Samoei Ruto – currently: Minister of Higher Education, [...]

Posted in ICC | Also tagged Chairman, Chief Executive, church, Commissioner, crimes against humanity, criminal organization, Deputy Prime Minister, Eldoret North, excessive force, Francis Kirimi Muthaura, head, Head of Operations, Henry Kiprono Kosgey, Huruma, ICC Prosecutor, Joshua Arap Sang, Kapsabet town, KASS FM, Kenya, Kenya Central Government, Kenya Police, Kiambaa farm cooperative, Kimumu, Langas, Minister of Finance, Minister of Higher Education Science and Technology, Minister of Industrialization, Mohamed Hussein Ali, MP, Mungiki, Nandi Hills town, National Security Advisory Committee, ODM, ODM Chairman, Orange Democratic Movement, organizer, Party of National Unity, planner, PNU, police, post-election violence, Postal Corporation of Kenya, Pre-Trial Chamber II, Public Service and Secretary to the Cabinet, reasonable grounds to believe, Rift Valley Province, summons to appear, supporters, the greater Eldoret area, Tinderet, Tinderet Constituency, Turbo town, Uhuru Muigai Kenyatta, William Samoei Ruto, Yamumbi | Comments closed

France: Mbarushimana Charged with Crimes Against Humanity for Crimes Allegedly Committed During the 1994 Rwandan Genocide

By Editor | Published: December 22, 2010

2010-12-22, Paris, France. Examining magistrate Rene Cros charged Mr. Callixte Mbarushimana, an alleged executive secretary of the FDLR, a rebel group based in the Eastern DRC, with crimes against humanity. The charges follow a law suit filed by victims’ groups accusing Mr. Mbarushimana of directly participating in killings in Kiguli during the 1994 Rwandan Genocide. [...]

Posted in Domestic Courts | Also tagged 1994 Rwandan Genocide, Callixte Mbarushimana, civilians, crimes against humanity, Democratic Forces for the Liberation of Rwanda, Democratic Republic of Congo, DRC, Executive Secretary, FDLR, Forces démocratiques de libération du Rwanda, France, Hutu, Ibuka, Kiguli, magistrate, murder, Paris, rape, Remember, Rene Cros, road blocks, torture, Tutsi, victim group | Comments closed

Abstract: Lawrence R. Atkinson "Knights of the Court: The State Coalition Behind the International Criminal Court"

By Editor | Published: November 26, 2010

Who: L. Rush Atkinson | New York University (NYU) – School of Law What: Knights of the Court: The State Coalition Behind the International Criminal Court Where: SSRN “In its first years of operation, both the caseload and global role of the International Criminal Court (ICC) have steadily increased. The Court owes much of its success [...]

Posted in ICC | Also tagged coalition of states, formation of international law, ICC, jurisdiction, power politics, pro-ICC coalition, realpolitik, United States | Comments closed

France: Mbarushimana to be Transferred to the ICC

By Editor | Published: November 22, 2010

2010-11-03, Paris, France. La Chambre de l’instruction of the Paris Court of Appeals ordered Callixte Mbarushimana, 47, to be transferred to the International Criminal Court. Mr. Mbarushimana is accused of being an executive secretary of the FDLR and of being responsible for war crimes and crimes against humanity committed in Congo in 2009. The Court [...]

Posted in Domestic Courts, ICC | Also tagged Callixte Mbarushimana, Congo, crimes against humanity, Democratic Forces for the Liberation of Rwanda, Democratic Republic of Congo, Executive Secretary, FDLR, France, ICC, Kivu region, La Chambre de l’instruction, Mai-Mai militia, mass murder, murder, Paris, Paris Court of Appeals, rape, Rwanda, torture, Walikale, war crimes, warrant | Comments closed

Spain: Garzon Allowed to Go to the Hague

By Editor | Published: May 21, 2010

2010-05-19, Madrid, Spain. Despite being suspended on May 14, the General Council of the Judiciary allowed Balthasar Garzon to take up a 7-month consulting position with the Office of the Prosecutor at the International Criminal Court. RNW |

Posted in Domestic Courts | Also tagged Baltasar Garzon, CGPJ, Consejo General del Poder Judicial, consulting, General Council of the Judiciary, Gonzalo Martinez-Fresneda, Luis Moreno-Ocampo, Supreme Court, suspension | Comments closed

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