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Tag Archives: jurisdiction
ECCC: Khieu: The Chamber Finds No Abuse of Process Arises From Failing to Translate Documents, 3-Year Delay to Start Trial and Lack of Access to the Court File. The Chamber Promises to Address the Principle of Legality Later in Other Cases
2011-01-12, Phnom Penh. The Chamber found the Accused application for stay of proceedings for abuse of process inadmissible. Grounds in the Application: (1) problems related to the translation of documents: - no translation of some documents – footnotes of the Closing Order, some of the evidentiary material, the Final Submission, 232 decisions and 3,850 documents [...]
Posted in ECCC Also tagged absent, abuse of process, access, Andrew Cayley, appeal, application, Cambodian law, case file, Chea Leang, Closing Order, Democratic Kampuchea, Documentation Centre of Cambodia, egregious violation, errors, Final Submission, foreseeability, French, glossary, impartiality, international law, Khieu Samphan, lack, merits, miscarriage of justice, nullum crimen sine lege, Office 870, poor quality, principle of legality, proportionality test, public presumption of guilt, rectification, remedy, Sa Sovan, sense of justice, Siegried Blunk, threshold, translation, unjustified delays, unreasonable delays, You Bunleng Comments closed
Abstract: The Repression of International Crimes by Congolese Jurisdictions
What: The Repression of International Crimes by Congolese Jurisdictions Who: Le Club des Amis du Droit du Congo When: December 2010 Where: CICC Website Abstract: “The DRC was the first State Party to send their nationals to the ICC and the first State Party to implement the Rome Statute as the treaty was the basis [...]
Posted in ICC Also tagged CICC, complementarity, Congo, entry into force, fighting corruption, ICC Statute, impunity, international crimes, Le Club des Amis du Droit du Congo, mechanisms, national jurisdiction, national military tribunals, peace and justice, repression, Rome State, Rome Statute, State Party, treaty Comments closed
Abstract: Lawrence R. Atkinson "Knights of the Court: The State Coalition Behind the International Criminal Court"
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, International Criminal Court, power politics, pro-ICC coalition, realpolitik, United States Comments closed
Kenya: High Court Refuses Jurisdiction to Try Piracy
2010-11-09, Mombasa, Kenya. Judge Mohammed Ibrahim of the High Court in Mombasa ordered the release of 9 individuals accused of piracy on the ground that he did not have jurisdiction to try offences committed outside Kenyan territorial waters. The decision came as a result of a motion filed by the accused for stay of proceedings. [...]
Posted in Domestic Courts Also tagged Abdirahman Mohamud Caser, Abdirazak Hassan Ali, Abdiwahid Mohamed Osman, Abdullahi Omar Mohamed, application, coercion, compulsion, Dawagoradi, Dhodi, Germany, High Court, Indaguran, Indian Ocean, Jared Magolo, Judicial Review, Kenya, Khadar Mohamed Jama, magistrates’ court, marines, Ministry of Immigration, Mohamed Ali AW-Dahir, Mohamed Cirfer Ismail, Mohamed Dogol Ali Cade, Mohammed Ibrahim, Mohamud Abdullahi Ismail, Mohamud Hashi, Mombasa, MV Courier, Orod Dheer, piracy, pirate, pirates, stay of proceedings, territorial jurisdiction, territorial waters, UNHCR, United Nations High Commission for Refugees Comments closed
ICC: Conference: US and EU Disagree on the Future of the Crime of Agression
2010-06-07, Kampala, Uganda. During the ICC Review Conference, the EU and US representatives continued to disagree on the nature of the crime of aggression. They, however, agreed that the addition of the new crime to the ICC Rome Statute should be done only by consensus. The US State Department’s Legal Adviser, Harold Hongju Koh, stated [...]
Posted in ICC Also tagged act of aggression, amendment, Article 8bis, Charter, consensus, crime of aggression, delegation, disagreement, European Parliament, execution, Harold Hongju Koh, human rights, ICC, initiation, Kampala, Legal Adviser, manifest violation, military action, planning, political action, preparation, Review Conference, Richard Howitt, Rome Statute, State Department, Uganda, United Nations, United States, US Comments closed
France: Gaza Flotillia Victims File Lawsuits Against Israel
2010-06-04, Marseille & Evry, France. The Committee for Charity and Support for the Palestinians, a French NGO, filed a complaint against Israel in two French courts. The complaint arises from a recent hijacking by Israeli commandos of a peaceful flotillia that was trying to break Israel’s blockade of Gaza. The complaint alleges kidnapping, false imprisonment, [...]
Posted in Domestic Courts Also tagged armed violence, CBSP, Comité de Bienfaisance et de Secours aux Palestiniens, Committee for Charity and Support for the Palestinians, complaint, court, Evry, false imprisonment, flotillia, France, French, Gaza, Israel, kidnapping, lawsuit, Liliane Glock, Marseille, non-governmental organization, ship hijacking Comments closed
ICC: African States Don't Want Politicization of the Crime of Aggression
2010-05-31, Kampala, Uganda. During the ICC Conference, Amos Wako, Kenyan Attorney General, stated that the ICC’s exercise of jurisdiction over the crime of aggression should not be subject to the UNSC approval: Some have suggested that the Council’s prior approval for the exercise of jurisdiction is a necessary consequence of the provisions of the Charter [...]
Posted in ICC Also tagged aggression, allegations, Amos Wako, Attorney General, delay, election violence, filtering mechanism, ICC Conference, judicial independence, Kampala, Kenya, political interference, Pre-Trial Chamber, Security Council, Uganda, United Nations, UNSC Comments closed
ICTR: Nshogoza: Defence Counsel Denied $150K in Fees
2010-04-13, Arusha, Tanzania. The Appeals Chamber refused to review a request filed by Ms. Allison Turner, counsel for Leonidas Nshogoza in a contempt proceeding, to review the decision of the Registrar denying Ms. Turner’s $210,118.43 bill. In summer 2008, the Registrar attempted to unilerally deny the promised coverage of costs to Ms. Turner, and limited the [...]
Posted in ICTR Also tagged Alex Obote-Odora, Allison Turner, Andresia Vaz, Appeals Chamber, Article 22, Christine Graham, Directive, Directive on the Assignment of Defence Counsel, expenses, Fausto Pocar, fees, Hassan Bubacar Jallow, ICTR-2007-91-A, Judicial Review, Léonidas Nshogoza, Liu Daqun, Mehmet Guney, Patrick Robinson, review, Rule 19, Rule 33, Shamus Mangan Comments closed
ICC: Mbarushimana: PTC Rejects the Defence Challenge to the Jurisdiction of the Court