Tag Archives: international criminal procedure

ICTY: Seselj: Evidence of the Destruction of Cultural Heritage Admitted into Evidence

2010-04-14, The Hague, The Netherlands. The Chamber granted, in part, a request of the OTP to admit a Report of Andras Riedlmayer with annexes, exhibits and photographs. Statement of Law factors for determining whether to admit documents into evidence: prima facie relevance, reliability and probative value of the evidence; a final assessment of the evidence [...]
Posted in ICTY | Also tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments closed

ICTR: Kalimanzira: Judge: the Accused Does Not Need to Read the OTP’s Brief to Reply

2010-04-06, Arusha, Tanzania. Judge Theodor Meron of the Pre-Appeal Chamber denied the defence’s request to be allowed to file the Reply to the OTP’s Appeal Brief 15 days after the French version of the Brief is served on them, as opposed to 15 days after the English version is served. Mr. Kalianzira speaks French and [...]
Posted in ICTR | Also tagged , , , , , , , , , , , , , , , , , | Comments closed

ICTY: Karadzic: Decision on Admission of Babic’s Evidence

2010-04-13, The Hague, The Netherlands. Milan Babic had a long history with the tribunal. He was an OTP witness in the Slobodan Milosevic, Krajisnik and Martic cases and committed a suicide at the UNDU on March 5, 2006. The OTP sought to admit his oral testimonies from those trials and 309 associated exhibits under Rule 92 [...]
Posted in ICTY | Also tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments closed

ICTY: Karadzic: OTP Hinted to Narrow and Resubmit Its Bar Table Motion

2010-04-13, The Hague, The Netherlands. The OTP attempted to admit into evidence from the bar table numerous documents created by JNA, VRS, SRK, crisis staff, SDS, RS government and the UN, as well as intercepts, media reports, interviews, video clips, maps and photographs. The Trial Chamber held that the admission of evidence from the bar [...]
Posted in ICTY | Also tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments closed

ICC: Gombo: Most Pre-Interview Assessment Notes Are Not Subject to Disclosure

2010-04-09, The Hague, The Netherlands. The TC denied the defence motion for disclosure of the OTP’s materials created in the context of the pre-interview assessments of all witnesses (regardless of whether the OTP calls them to testify), and barring the OTP from calling such witnesses until the disclosure is provided. The defence argued that these [...]
Posted in ICC | Also tagged , , , , , , , , , , , , , , , , , , , , , | Comments closed

ICC: Gombo: Late Notification of Filing is 'Good Cause' for Delay

2010-04-09, The Hague, The Netherlands.  The TC granted the defence motion for extension of time to reply to the OTP’s and victims’ representative’s observation re the defence Application Challenging the Admissibility of the Case pursuant to Articles 17 and 19(2)(a) of the Rome Statute. The Chamber found that ‘good cause’ has been demonstrated because the defence was [...]
Posted in ICC | Also tagged , , , , , , , , , , , , , , , , | Comments closed

ICC: Abu Garda: ‘Technical Difficulties’ Is No Excuse for Delay

2010-04-08, The Hague, The Netherlands. Judge Tarfusser denied the victims’ motion for extension of time to file submissions re OTP’s Application for Leave to Appeal the Decision on the Confirmation of Charges. The decision held that the victims’ representative should have filed a motion for extension immediately after finding out of technical difficulties, and not [...]
Posted in ICC | Also tagged , , , , , , , , , , , , , , , , | Comments closed

ICTY: Zupljanin & Stanisic: Easter is no Excuse for Delay

2010-04-07, The Hague, The Netherlands. Judge Pocar denied the OTP’s motion for extension of time to request certification to appeal a decision re judicial notice of adjudicated facts. He found that the fact that the decision was issued on the day before the 2-day Easter recess did not amount to ‘good cause’ within the meaning [...]
Posted in ICTY | Also tagged , , , , , , , , , , , , , , , , , , | Comments closed
Get Adobe Flash player