Tag Archives: O-Gon Kwon

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: 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: 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 [...]
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ICTY: Karadzic: TC Refuses to Stay the Proceedings … Yet Again

2010-04-08, The Hague, The Netherlands. The TC refused Dr. Karadzic’s Motion for Stay of Proceedings: Violation of Burden of Proof and Presumption of Innocence, where the accused argued that the cumulative effect of the decisions on judicial notice of adjudicated facts and the admission of Rule 92 bis evidence is to violate his right to a [...]
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