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Tag Archives: motion
ICC: Kenya: High Court Denies Motion for an Interlocutory Stay of the ICC Investigation
2010-10-27, Mombasa, Kenya. Mr Justice Jackton Ojwang’ of the High Court in Mombasa denied an interlocutory motion brought by Mr. Joseph Gathungu, a Kenyan businessman, for an order requiring the Kenyan government to suspend the ICC’s investigation until the court ruled on Mr. Gathungu’s constitutional reference (seeking, effectively, a permanent injunction against the ICC investigation in [...]
Posted in Domestic Courts, ICC Also tagged amicus curiae, Center for Legal Empowerment, Centre for Justice for Victims of Crimes Against Humanity, Gikandi Ngibuini, High Court, ICC, Injunction, interlocutory, International Commission of Jurists, intervener status, Investigation, Jackton Ojwang', Joseph Gathungu, Kenya, Kenya Chapter, Kenyan Constitution, Kituo Cha Sheria, Mombasa, preliminary motion, stay, suspension, unconstitutional Comments closed
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 [...]
Posted in ICTY Also tagged Alan Tieger, deadline, effective remedy, errors, exceptional measure, exclusion of evidence, Flavia Lattanzi, Hildegard Uertz-Retzlaff, Howard Morrison, IT-95-5/18-T, late disclosure, Melville Baird, O-Gon Kwon, oversight, practical remedy, prejudice, prejudicial impact, probative value, Radovan Karadzic, Richard Harvey, Rule 66(A)(ii), substantially outweighed Comments closed
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 [...]
Posted in ICTY Also tagged Alan Tieger, arms, Article 29, Bundesnachrichtendienst, Christoph von Bezold, disclosure, Embassy of Germany, Federal Intelligence Service, Flavia Lattanzi, Germany, Government of Germany, Hildegard Uertz-Retzlaff, hostage-taking, Howard Morrison, IT-95-5/18-T, Melville Baird, necessary, O-Gon Kwon, Parlamentarische Kontrollkommission, peacekeepers, production of documents, Radovan Karadzic, ready identification, reasonable effort, relevance, Richard Harvey, Rule 54 bis, Rules, Rules of Procedure and Evidence, smuggling, specific intent, specificity, Srebrenica, Statute, Statute of the Tribunal, Third World Relief Agency, Tuzla, unduly onerous, UNPROFOR Comments closed
ICTR: Ngirabatware: Defence Motion re Materials to be Obtained from Belgium Denied
2010-05-28, Arusha, Tanzania. The Trial Chamber denied the defence motion to obtain certain materials in respect of the Witness ANAV from the Belgian authorities. The Trial Chamber stated that in order to be successful on a motion for an Article 28 order for State cooperation, the party should (i) specifically identify, to the extent possible, [...]
Posted in ICTR Also tagged Anav, Anne-Gaelle Denier, Article 28, Article 28 (2), Augustin Ngirabatware, Belgium, Chloe Gaden-Gistucci, Deogratias Sebureze, Faria Rekkas, ICTR-99-54-T, Iskander Ismail, Mparany Rajohnson, Mylene Dimitri, Patrick Gabaake, Peter Herbert, Rule 73, Rules, Rules of Procedure and Evidence, Solomy Balungi Bossa, Statute, Statute of the Tribunal, Wallace Kapaya, William H. Sekule, witness Comments closed
ICTY: Mladic: Family Requests Mladic to be Declared Dead
2010-05-25, Belgrade, Serbia. Milos Saljic, a lawyer for Mladic family, stated that the family will file a motion with a Belgrade court requesting Ratko Mladic to be declared dead. Mr. Saljic stated that General Mladic has not been seen for 7 years and was a very sick man, and therefore it is likely that he [...]
Posted in ICTY Also tagged Belgrade, declaration of death, disappearance, futigitive, General Mladic, Milos Saljic, National Council for Cooperation, Rasim Ljajic, Ratko Mladic, Serbia Comments closed
ICTY: Submissions of Parties May Constitute Adjudicated Facts
2010-05-04, The Hague, The Netherlands. The Trial Chamber granted, in part, the Defence motion to take judicial notice of the facts adjudicated in Blagojevic and Jokic, Krstic, Galic, Martic and Dragomir Milosevic trials. The OTP opposed the motion, arguing that Rule 94(B) should not be used to “litter the record with matters which would not [...]
Posted in ICTY Also tagged adjudicated facts, Bakone Justice Moloto, context, Daniel Saxon, discussion of evidence, factual finding, Gregor Guy-Smith, IT-04-81-T, judicial notice, Mark Harmon, Michele Picard, Momčilo Perišić, negative finding, Novak Lukic, Pedro David, Rule 126 bis, Rule 54, Rule 94(B), Rules of Procedure and Evidence, speculative assertions, statement of fact, submissions of the parties, supposition, verbatim Comments closed
ICTY: Mladic: Indictment to be Shortened
2010-05-10, The Hague, The Netherlands. The OTP filed a motion to amend its Indictment against Ratko Mladic. The new Indictment would decrease the number of counts from 15 to 11. The counts allege the commission of genocide, crimes against humanity and war crimes in the context of ethnic cleansing in BiH from 1992-1995, the siege of Sarajevo [...]
Posted in ICTY Also tagged amendment, Bihac-Ripac, Bosanska Gradiska, Bosnia and Herzegovina, complicity, crimes against humanity, Doboj, ethnic cleansing, Gacko, genocide, Hadzici, hostage, Ilidza, indictment, individual responsibility, Nevesinje, Novo Sarajevo, Pale, Radovan Karadzic, Ratko Mladic, Sarajevo, siege, Sokolac, Srebrenica, Srebrenica genocide, Teslic, Trnovo, UN personnel, war crimes Comments closed
ICTR: Ngirabatware: TC Orders Switzerland, Senegal, Belgium and the World Bank to Disclose Documents
2010-04-27/28, Arusha, Tanzania. The Trial Chamber granted four defence motions and ordered Switzerland, Senegal, Belgium and the World Bank to disclose certain information about the development assistance granted to Rwanda between 1990 and 1994. The states refused to provide the information to the Defence voluntarily, and the World Bank provided partial assistance. The information in [...]
Posted in ICTR Also tagged Anne-Gaelle Denier, Article 28 (2), Augustin Ngirabatware, Belgium, Contribution Agreements, Deogratias Sebureze, development assistance, development projects, disclosure, diversion of funds, Faria Rekkas, ICTR-99-54-T, information, Interahamwe, Iskandar Ismail, Ministry of Planning, Mparany Rajohnson, Mylene Dimitri, Patrick Gabaake, Peter Herbert, production of evidence, rebuttal evidence, Rwanda, Senegal, service of documents, Solomy Balungi Bossa, State cooperation, Statute, Structural Adjustment Program, Switzerland, UNDP, Wallace Kapaya, William Egbe, William H. Sekule, World Bank Comments closed
ICC: Kenya: A Victim of Post-Election Violence Seeks Domestic Prosecutions