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On the Future of Regulation 55 by GUO Jing FICHL Policy Brief Series No
POLICY BRIEF SERIES On the Future of Regulation 55 By GUO Jing FICHL Policy Brief Series No. 55 (2016) 1. Regulation 55, Quo Vadis? authorizes the judges of the Court to adopt Regulations The Katanga trial judgment of the International Crimi- for the “routine functioning” of the Court. Regulation 55 nal Court (‘ICC’) is a tossed stone raising many ripples.1 gives the power to the Trial Chamber to change the legal Critics have attacked it saying that the “Prosecutor es- characterization of facts to accord with the crimes or the sentially did not prove any of his allegations”2 and that form of participation of the accused without exceeding the “confirmation hearing actually confirms nothing”.3 the facts and circumstances described in the charges and Regulation 55 of the ICC Regulations of the Court has any amendments to the charges, at any time during the been at the centre of the waves.4 As per one of the typ- trial with notice and some other safeguards to the ac- ical comments: “Reg. 55 has become one of the most cused. contested procedural devices employed by the judges at According to one report on the use of Regulation 55, the International Criminal Court”.5 The attention given in three out of the six cases to reach trial at the ICC by to Regulation 55 invites consideration of its legitimacy, October 2013 (Lubanga, Katanga and Bemba) the tri- whether it needs amendment, and of how well-founded al chamber (‘TC’) put the parties on notice that it may the criticism has been. -
The Proliferation of Dissenting Opinions.Indb
Cover Page The handle http://hdl.handle.net/1887/123230 holds various files of this Leiden University dissertation. Author: Sarmiento Lamus, A.D. Title: The proliferation of dissenting opinions in international law: A comparative analysis of the exercise of the right to dissent at the ICJ and IACtHR Issue Date: 2020-07-08 The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR 544424-L-bw-Sarmiento 544424-L-bw-Sarmiento The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR PROEFSCHRIFT ter verkrijging van de graad van Doctor aan de Universiteit Leiden, op gezag van Rector Magnificus prof. mr. C.J.J.M. Stolker, volgens besluit van het College voor Promoties te verdedigen op woensdag 8 juli 2020 klokke 16.15 uur door Andrés Dario Sarmiento Lamus geboren te Bogota, Colombia in 1985 544424-L-bw-Sarmiento Promotoren: Prof. dr. L.J. van den Herik Prof. dr. Y.A.A.S. Radi (Université Chatolique de Louivain) Promotiecommissie: Dr. J. Powderly Dr. G. Le Moli Prof. dr. E. Ferrer MacGregor (Universidad Nacional Autónoma de México, México) Prof. dr. D. Kritsiotis (University of Nottingham, United Kingdom) Lay-out: AlphaZet prepress, Bodegraven Printwerk: Ipskamp Printing © 2020 A.D. Sarmiento Lamus Behoudens de in of krachtens de Auteurswet van 1912 gestelde uitzonderingen mag niets in deze uitgave worden verveelvoudigd, opgeslagen in een geautomatiseerd gegevensbestand of openbaar gemaakt, in enige vorm op enige wijze, hetzij elektronisch, mechanisch, door fotokopieën, opnamen of enige andere manier, zonder voorafgaande schriftelijke toestemming van de uitgever. -
Memorandum of the Bolivarian Republic of Venezuela on The
Memorandum of the Bolivarian Republic of Venezuela on the Application filed before the International Court of Justice by the Cooperative of Guyana on March 29th, 2018 ANNEX Table of Contents I. Venezuela’s territorial claim and process of decolonization of the British Guyana, 1961-1965 ................................................................... 3 II. London Conference, December 9th-10th, 1965………………………15 III. Geneva Conference, February 16th-17th, 1966………………………20 IV. Intervention of Minister Iribarren Borges on the Geneva Agreement at the National Congress, March 17th, 1966……………………………25 V. The recognition of Guyana by Venezuela, May 1966 ........................ 37 VI. Mixed Commission, 1966-1970 .......................................................... 41 VII. The Protocol of Port of Spain, 1970-1982 .......................................... 49 VIII. Reactivation of the Geneva Agreement: election of means of settlement by the Secretary-General of the United Nations, 1982-198371 IX. The choice of Good Offices, 1983-1989 ............................................. 83 X. The process of Good Offices, 1989-2014 ........................................... 87 XI. Work Plan Proposal: Process of good offices in the border dispute between Guyana and Venezuela, 2013 ............................................. 116 XII. Events leading to the communiqué of the UN Secretary-General of January 30th, 2018 (2014-2018) ....................................................... 118 2 I. Venezuela’s territorial claim and Process of decolonization -
The Kenya Gazette
SPECIAL ISSUE SN (APORTING RARY THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaperat the G.P.O.) Vol. CXX—N0. 118 NAIROBI,21st September, 2018 Price Sh. 60 GAZETTE NOTICE NO. 9744 CAUSENO.604 OF2018 IN THE HIGH COURT OF KENYA AT NAIROBI By (1) Carolyne Sakasa Wasai and (2) Joyce Naliaka Wasai, both of P.O. Box 4585-00506, Nairobi in Kenya, the deceased's widow and PROBATE AND ADMINISTRATION sister-in-law, respectively, through Messrs. J. M. Onyancha & TAKE NOTICEthat applications having been made in this court Associates, advocates of Nairobi, for a grant of letters of in: administration intestate to the estate of Julius N. M. Ombasa, late of Kisii South. who died at Kenyatta National Hospital in Kenya, on 12th CAUSENO.637 OF 2013 January, 2010. By (1) Misheck Macharia Kamau, (2) Irungu Kamau and (3) CAUSE NO. 765 OF 2018 Jecinta Wacera Kamau, all of P.O. Box 66937-00200. Nairobi in By Frederick Mutemi Kivai, of P.O. Box 20816-00202, Nairobi in Kenya, the deceased's sons and daughter, respectively, for a grant of Kenya, the deceased’s widower, for a grant ofletters of administration letters of administration intestate to the estate of Joyce Wanjiku intestate to the estate of Brigid Mary Mutemi., late of Kaloleni, who Kamau, late of Murang’a. who died at Hamza. on 23rd March, 2012. died at Kenyatta National Hospital in Kenya, on 10th May, 2015. CAUSENO. 2092 OF 2014 CAUSE NO. 789 OF 2018 By (1) Moses Kibandi Gichuru and (2) Loise Muthoni Kibandi, By (1) Barbra Mwende Nawii and (2) Janet Mumbe Nawii, both of both of P.O. -
ISSUE-NO-1.Pdf
OFFICE OF THE ATTORNEY VISION GENERAL AND DEPARTMENT OF To be the best institution in the region in the provision of public legal services JUSTICE The Constitution of Kenya 2010, Office of and the promotion of a just, democratic and corruption-free nation the Attorney General Act No 49 of 2012 and Executive Order No 1 of 2016 outline MISSION the key functions of OAG&DOJ: To facilitate the realisation of good governance and respect for the rule of GOVERNMENT SERVING law through the provision of public legal services, protection and promotion of human rights and upholding of ethics and integrity. Principal Legal Adviser to the Government DID YOU KNOW (PUBLIC INFORMATION): Represent the National 1. The AG has right of audience in proceedings of Public Interest or Government in civil proceedings involving Public Property; and matters before foreign courts 2. The Office shall be the depository of all laws and local and and tribunals international documents, agreements and treaties signed for and on Legislative Drafting Services behalf of the Government; Negotiate, draft, vet and interpret 3. The Attorney General shall have custody of the Public Seal of the Agreements and treaties for the Republic of Kenya; Government 4. A State Counsel is an Advocate of the High Court of Kenya and is Policy on Administration of Justice appointed by the Attorney General by Gazette Notice; Coordination of Governance, 5. All State Counsel shall perform the functions of the Office with Justice, Law and Order Sector COMPLETE LOYALTY AND DEDICATION and shall -
'Two-Faced' Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed C
‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict Content 1 Introduction 2 The Genesis, Causes and Impact of the Armed Conflict in Northern Uganda Robert Mugagga-Muwanguzi 3 Trends, Drivers, Patterns and Dynamics of Accepting the Application of ICJ in Uganda 4 Victim’s and Civil Society Perceptions on Using other Transitional Justice Mechanisms 5 Conclusion 6 Bibliography ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict Robert Mugagga-Muwanguzi1 1. Introduction Since Uganda gained independence from the British on 9 October 1962, Uganda has been plagued by troubles, violence and conflict, with millions experiencing grave injustices and serious human rights violations.2 Conflict in Uganda, as in many African states, has its roots in ethnic differences, marginalisation and colonial legacies (Lomo and Hovil 2004; Otim and Wierda 2010). At the end of each conflict, the country has had to grapple with how to confront the injustices and violence or, even more importantly, how to address gross human rights violations committed during periods of anarchy amidst the competing needs of establishing a reconciled, unified, democratic and peaceful society. The conflict of over two-decade in northern Uganda, which is one of the longest armed struggles in the world, has caused devastation for civilians in the region and has resulted in gross human rights violations. To address this, a number of transitional justice and international criminal justice mechanisms (ICJ) have been discussed and some introduced with varying degrees of success. -
The Kenya Gazette
SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaperat the G.P.O.) Vol. CXVII—No.35 NAIROBI, 2nd April, 2015 Price Sh. 60 GAZETTE NOTICE NO.2235 CAUSE NO. 2131 OF 2013 IN THE HIGH COURT OF KENYA AT NAIROBI By John Cheretei, of P.O. Box 1, Nginyang in Kenya, the deceased’s father, through Messrs. Kerongo & Co., advocates of PROBATE AND ADMINISTRATION Nairobi, for a grant of grant of administration intestate to the estate of Joseph Kasait Cheretei, late of Nginyang, who died at District TAKE NOTICEthat applications having been made in this court Hospital, Chemolingot in Kenya, on 1st January, 2011. in: CAUSE NO.642 OF 2006 CAUSE NO. 2710 OF 2013 By (1) Selinah Jepkoech Kibogy and (2) Margaret Chemutai By (1) Jane Wairimu Karanja and (2) Rose Wanja Karanja, both of Rugut, both of P.O. Box 408-00517, Nairobi in Kenya, the deceased’s P.O. Box 805, Murang’a in Kenya, the deceased’s daughters, for a widow andsister, respectively, through Messrs. Kamotho Maiyo & grant of grant of administration intestate to the estate of Julius Karanja Mbatia, advocates of Nairobi, for a grant of grant of administration Ng’ang’a, late of Nairobi, who died at Kenyatta National Hospital in Kenya, on 4th December, 2007. intestate to the estate of Phillip Kimaiyo Kandie, late of Nairobi, who died along Langata Road, on 26th February, 2006. CAUSE NO. 1454 OF 2014 CAUSE NO. 1985 OF 2011 By (1) Betty Chepkorir Mosonik and (2) Erick Kiprono Mosonik, both of P.O. -
Decision on the Prosecutor's Application for Summonses to Appear for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali
ICC-01/09-02/11-01 08-03-2011 1/25 EO PT Cour Pénale Internationale International Criminal Court Original: English No.: ICC-01/09-02/11 Date: 8 March 2011 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova. Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR V. FRANCIS KIRIMIMUTHAURA, UHURU MUIGAIKENYATTA AND MOHAMMED HUSSEIN ALI Public Document Decision on the Prosecutor's Application for Summonses to Appear for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali No. ICC-01/09-02/11 1/25 8 March 2011 ICC-01/09-02/11-01 08-03-2011 2/25 EO PT Decision to be notified, in accordance with regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Counsel for the Defence Luis Moreno-Ocampo, Prosecutor Fatou Bensouda, Deputy Prosecutor Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States Representatives Amicus Curiae REGISTRY Registrar & Deputy Registrar Defence Support Section Silvana Arbia, Registrar Didier Preira, Deputy-Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-01/09-02/11 2/25 8 March 2011 ICC-01/09-02/11-01 08-03-2011 3/25 EO PT PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court") renders this decision on the "Prosecutor's Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali" (the "Application").! 1. -
Assemblée Générale Distr
Nations Unies A/59/439* Assemblée générale Distr. générale 10 décembre 2004 Français Original: anglais/espagnol/français Cinquante-neuvième session Point 18 de l’ordre du jour Élection de juges du Tribunal pénal international chargé de juger les personnes accusées de violations graves du droit international humanitaire commises sur le territoire de l’ex-Yougoslavie depuis 1991 Curriculum vitæ des candidats présentés par les États Membres de l’Organisation des Nations Unies Note du Secrétaire général Table des matières Page I. Introduction ................................................................... 3 II. Curriculum vitæ des candidats .................................................... 4 Carmel A. Agius (Malte)......................................................... 4 Jean-Claude Antonetti (France) ................................................... 15 Iain Bonomy (Royaume-Uni de Grande-Bretagne et d’Irlande du Nord) .................. 18 Liu Daqun (Chine).............................................................. 20 Mohamed Amin El-Abbassi El Mahdi (Égypte) ...................................... 24 Elhagi Abdulkader Emberesh (Jamahiriya arabe libyenne) ............................. 27 Rigoberto Espinal Irias (Honduras) ................................................ 30 O-gon Kwon (République de Corée) ............................................... 35 Theodor Meron (États-Unis d’Amérique) ........................................... 38 Bakone Melema Moloto (Afrique du Sud) .......................................... 40 Prisca -
Referencing Patterns at the International Criminal Court
The European Journal of International Law Vol. 27 no. 1 © The Author, 2016. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected] Referencing Patterns at the International Criminal Court Downloaded from Stewart Manley* http://ejil.oxfordjournals.org/ Abstract A largely neglected area of study in international law has been referencing patterns by international courts and tribunals. This article assesses referencing data collected from the International Criminal Court’s (ICC) records issued in the Uganda and Central African Republic situations. The data is generally restricted to ‘persuasive citations’ – those references that the ICC’s various chambers have used to help decide a point of law. Covering over 500 records, this study addresses, among other things, the frequency with which the ICC cites its at Orta Dogu Teknik University Library (ODTU) on May 16, 2016 own judgments, the nature of external sources cited, how referencing changes over time and how often individual judges cite their own decisions. The data may prove useful to the ICC itself, advocates who appear before it and scholars of international law. 1 Introduction The extent to which international courts and tribunals use prior judgments as a basis for decision making has been a subject of increasing scholarly interest.1 Still a relatively unexplored area of study,2 to date only qualitative research has been con- ducted.3 Qualitative research has its advantages, but it is unable to capture patterns that are only discernible by examining large quantities of citations. This article aims * Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia. -
Improving Cooperation a Key Challenge for Court As Review Conference Approaches
The MONITOR Journal of the Coalition for the International Criminal Court ISSUE No. 38 Improving Cooperation a Key Challenge for Court as Review Conference Approaches lobodan Milošević. Charles Taylor. Radovan Karadžić. Political leaders Smany thought would never face jus- tice. But sooner or later, each was brought before an international criminal tribunal because governments along with regional and international organizations cooper- ated with the courts. Many have identified the arrest and surrender of high-profile suspects as the key political and legal chal- lenge in the enforcement of international justice. This applies equally to the Interna- tional Criminal Court (ICC) and the states parties that have ratified the Rome Statute, the Court’s founding treaty. But the chal- lenge goes far beyond arrest and surrender; the ICC relies on all states, along with mul- tilateral organizations, for practically every step it takes. It is therefore up to the inter- national community to decide whether this makes the ICC the weak link or a strong ally in the global fight against impunity. Part Nine, specifically Articles 86 to 102, of On 14 July 2008, demonstrators demand cooperation with the Court and justice for Darfur out- side the Sudanese embassy in London. Credit: Shaun Curry/AFP/Getty Images the Rome Statute defines the fundamental role of states vis-à-vis the Court’s investiga- requested. The eight warrants also include the first request for the arrest of a sitting head of state, Omar Hassan Ahmad Al-Bashir, “The Court needs the full commitment of the president of Sudan. political leaders, the military and peace ne- “The Court needs the full commitment of political leaders, the military and peace negotiators to be able to prevent crimes,” said gotiators to be able to prevent crimes.” ICC Prosecutor Luis Moreno-Ocampo. -
United Nations Juridical Yearbook, 2011
Extract from: UNITED NATIONS JURIDICAL YEARBOOK 2011 Part Three. Judicial decisions on questions relating the United Nations and related intergovernmental organizations Chapter VII. Decisions and advisory opinions of international tribunals Copyright (c) United Nations CONTENTS xxiii Page Part Three judicial decisions on questions relating to the united nations and related intergovernmental organizations Chapter VII Decisions and advisory opinions of international tribunals A International Court of Justice 561 1 Judgments 561 2 Advisory Opinions 561 3 Pending cases and proceedings as at 31 December 2011 562 B International Tribunal for the Law of the Sea 562 1 Judgments 563 2 Pending cases and proceedings as at 31 December 2011 563 C International Criminal Court 563 1 Situations under investigation in 2011 564 (a) The situation in Democratic Republic of the Congo 564 (b) The situation in the Central African Republic 564 (c) The situation in Uganda 564 (d) The situation in Darfur, the Sudan 564 (e) The situation in Kenya 565 (f) The situation in Libya 565 (g) The situation in Côte d’Ivoire 566 2 Judgments 566 D International Criminal Tribunal for the former Yugoslavia 566 1 Judgements delivered by the Appeals Chamber 567 2 Judgements delivered by the Trial Chambers 567 E International Criminal Tribunal for Rwanda 567 1 Judgements delivered by the Appeals Chamber 567 2 Judgements delivered by the Trial Chambers 568 F Special Court for Sierra Leone 568 1 Judgements 569 G Extraordinary Chambers in the Courts of Cambodia 569 1 Judgments 569 H Special Tribunal for Lebanon 569 1 Judgments 570 Chapter VIII Decisions of national tribunals 571 A The Netherlands 571 1.