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Tag Archives: Rules of Procedure and Evidence
ICTY: Karadzic: Motion To Obtain Witness Statements From National Courts Denied
2011-01-12, The Hague, The Netherlands. The Accused requested the Trial Chamber to direct the OTP to obtain and disclose any prior statements and/or testimony given by its witnesses in domestic proceedings from the relevant authorities in Bosnia and Herzegovina, Croatia, and Serbia. The Accused argued that: there is no systematic effort made by the OTP [...]
Posted in ICTY Also tagged additional evidence, discretion, prior statement, prior testimony, Rule 66(A)(ii), Rule 73, Rule 98, Rules Comments closed
ICC: OTP Intermediaries to Be Disclosed to the Defence
2010-06-02, The Hague, The Netherlands. Judges ordered the OTP to provide the Defence with the details of the professional background of intermediaries. The Chamber rejected the OTP’s suggestion to examine the intermediaries in the absence of both parties, and to hear evidence about selection of intermediaries from the “appropriate representative”. The Chamber found that both [...]
Posted in ICC Also tagged Adrian Fulford, appropriate representative, Article 63, Article 64, Article 67, Article 69, Catherine Mabille, Curriculum vitae, cv, Decision on Intermediaries, disclosure, Elizabeth Odio Benito, ex parte, examination, exculpatory evidence, fair trial, false evidence, Fatou Bensouda, ICC Statute, ICC-01/04-01/06, identities, incriminating evidence, intermediaries, intermediary 143, intermediary 23, intermediary 316, intermediary 321, Jean-Marie Biju-Duval, Luis Moreno-Ocampo, misused of position, prima facie grounds, professional background, Redacted, Rene Blattmann, resume, Rome Statute, Rule 11, Rule 81, Rule 83, Rule 84, Rule 87, Thomas Lubanga Dyilo, threshold, witness intimidation, witness statement, witnesses 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, motion, necessary, O-Gon Kwon, Parlamentarische Kontrollkommission, peacekeepers, production of documents, Radovan Karadzic, ready identification, reasonable effort, relevance, Richard Harvey, Rule 54 bis, Rules, 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, motion, Mparany Rajohnson, Mylene Dimitri, Patrick Gabaake, Peter Herbert, Rule 73, Rules, Solomy Balungi Bossa, Statute, Statute of the Tribunal, Wallace Kapaya, William H. Sekule, witness 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, motion, negative finding, Novak Lukic, Pedro David, Rule 126 bis, Rule 54, Rule 94(B), speculative assertions, statement of fact, submissions of the parties, supposition, verbatim Comments closed
ICTY: Perisic: TC Admits Evidence of Babic, Deronjic & Dukic under Rule 92 Quater
2010-04-21, The Hague, The Netherlands. The Trial Chamber granted the defence’s motion to admit evidence of Milan Babic, Miroslav Deronjic and Dorde Dukic under Rule 92 quater. Statement of Law. In order to admit evidence under Rule 92 quater, the Chamber should be satisfied that the person is unavailable; the evidence which is sought to [...]
Posted in ICTY Also tagged Bakone Justice Moloto, credibility, cross-examination, cumulative relevance, Daniel Saxon, Dorde Dukic, evidence, Gregor Guy-Smith, indictment, interpreter, issue of central importance, IT-04-81-T, manifest or obvious inconsistencies, Mark Harmon, Michele Picard, Milan Babic, Miroslav Deronjic, motion, Novak Lukic, oath, Pedro David, probative value, purpose for admission, relevance, reliable, Rule 89 (C), Rule 92 quater, temporal scope, trial record, unavailable, unsworn statement Comments closed
ICTR: Karemera: Two Witnesses to be Sent from Mali to Testify for the Defence
2010-04-07, Arusha, Tanzania. The Chamber granted Nzirorera’s request to transfer Ferdinand Nahimana and Hassan Ngeze from Mali where they serve their sentences pursuant to the Tribunal’s judgments. The Chamber denied the request to transfer Samuel Imanishimwe from Mali as he was not on the Witness List, and the defence did not request to include him [...]
Posted in ICTR Also tagged Article 28, Chantal Hounkpatin, Dennis C. M. Byron, detained witness, detainee, Dior Diagne Mbaye, Don Webster, Edouard Karemera, Félix Sow, Frederic Weyl, Gberdao Gustave Kam, ICTR-98-44-T, Jean-Baptiste Nsanzimfura, Joseph Nzirorera, Mali, Matthieu Ngirumpatse, Patrick Nimy Mayidika Ngimbi, Peter Robinson, Rule 54, Rule 90 bis, Rule 90bis, Saidou N’Dow, Statute, Sunkarie Ballah-Conteh, Takeh Sendze, transfer, Vagn Joensen Comments closed
ICTR: Karemera: TC Reconsiders Admissibility of Statements, But Finds ‘No Good Cause’ for the Motion
2010-04-07, Arusha, Tanzania. The Trial Chamber III granted, in part, Nzirorera’s motion for reconsideration of the Chamber’s decisions on the admission of written statements, but denied Nzirorera’s defence counsel fees on the ground that there was no good cause for this Motion. Statement of Law. The Chamber has the inherent power to reconsider its decisions when: [...]
Posted in ICTR Also tagged acts and conduct of the accused, admission, Chantal Hounkpatin, Charles Nzabagerageza, Cyprien Ntakabereho, definitive proof, Dennis C. M. Byron, Dior Diagne Mbaye, discretion, Don Webster, Edison Munyatarama, Edouard Karemera, fair trial, Félix Sow, Frederic Weyl, Gberdao Gustave Kam, indictment, Jean-Baptiste Nsanzimfura, Joseph Nzirorera, live and important issue, Matthieu Ngirumpatse, Patrick Nimy Mayidika Ngimbi, peripheral issue, Peter Robinson, prima facie credibility, prima facie reliability, probative value, reconsideration, relevant, Rule 73, Rule 89 (C), Rule 92 bis, Rule 92 bis (A), Rule 92 bis (A) (i), Rule 92 bis (A) (ii), Rule 92 bis (B), Saidou N’Dow, sufficient indicia, Sunkarie Ballah-Conteh, Takeh Sendze, Vagn Joensen, written statements Comments closed
ICC: Lubanga: OTP Shall Disclose Information Re Defence Witnesses