General Assembly Distr.: General 17 November 2011

Total Page：16

File Type：pdf, Size：1020Kb

United Nations A/66/564 General Assembly Distr.: General 17 November 2011 Original: English Sixty-sixth session Agenda item 129 International residual mechanism for criminal tribunals Letter dated 16 November 2011 from the President of the Security Council addressed to the President of the General Assembly I have the honour to refer to Security Council resolution 1966 (2010), by which the Council established the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) and adopted the statute of the Mechanism annexed thereto. Having considered the nominations for judges of the Mechanism received by the Secretary-General, the Security Council hereby transmits the following nominations to the General Assembly in accordance with article 10, paragraph 1 (d) of the statute of the Mechanism: Carmel A. Agius (Malta)* Aydin Sefa Akay (Turkey)* Olivera Andjelkovic (Serbia) Jean-Claude Antonetti (France)* Florence Arrey (Cameroon)* Solomy Balungi Bossa (Uganda)* Lombe P. Chibesakunda (Zambia) Ivo Nelson de Caires Batista Rosa (Portugal) José Ricardo de Prada Solaesa (Spain) Juan Bautista Delgado Cánovas (Spain) Juan Antonio Durán Ramírez (El Salvador) Ben Emmerson (United Kingdom of Great Britain and Northern Ireland) __________________ * Persons with experience as judges of the International Tribunal for the Former Yugoslavia or the International Criminal Tribunal for Rwanda. 11-59843 (E) 171111 *1159843* A/66/564 Christoph Flugge (Germany)* Graciela Susana Gatti Santana (Uruguay) Alfredo Gomez Tedeschi (Uruguay) Burton Hall (Bahamas)* Vagn Prüsse Joensen (Denmark)* Gberdao Gustave Kam (Burkina Faso)* Liu Daqun (China)* Joseph E. Chiondo Masanche (United Republic of Tanzania)* Theodor Meron (United States of America)* Bakone Justice Moloto (South Africa)* Lee G. Muthoga (Kenya)* Aminatta Lois Runeni N’gum (Zimbabwe/Gambia) Daniel David Ntanda Nsereko (Uganda) Prisca Matimbe Nyambe (Zambia)* Alphons Orie (Netherlands)* Seon Ki Park (Republic of Korea)* Michéle Picard (France)* Mparany Mamy Richard Rajohnson (Madagascar)* Patrick Lipton Robinson (Jamaica)* Carlos Ernesto Sanchez Escobar (El Salvador) Wolfgang Schomburg (Germany)* William Hussein Sekule (United Republic of Tanzania)* Shiranee Tilakawardene (Sri Lanka) Tatjana Vukovic (Serbia) (Signed) José Filipe Moraes Cabral President of the Security Council 2 11-59843 .

Copy Link

Recommended publications

Security Council Distr.: General 16 November 2012
United Nations S/2012/849 Security Council Distr.: General 16 November 2012 Original: English Letter dated 16 November 2012 from the President of the International Residual Mechanism for Criminal Tribunals addressed to the President of the Security Council I am pleased to transmit herewith the assessments of the President (see annex I) and of the Prosecutor (see annex II) of the International Residual Mechanism for Criminal Tribunals, pursuant to paragraph 16 of Security Council resolution 1966 (2010). I would be grateful if you could transmit these assessments to the members of the Security Council. (Signed) Theodor Meron President 12-59594 (E) 271112 *1259594* S/2012/849 Annex I Progress report of the President of the International Residual Mechanism for Criminal Tribunals, Judge Theodor Meron (for the period from 1 July to 14 November 2012) 1. The present report is the first submitted pursuant to Security Council resolution 1966 (2010), by which the Council established the International Residual Mechanism for Criminal Tribunals and, in paragraph 16 of the resolution, requested the President and the Prosecutor of the Mechanism to submit reports every six months to the Security Council on the progress of the work of the Mechanism. I. Introduction 2. On 22 December 2010, the Security Council adopted resolution 1966 (2010), which established the Mechanism to carry out a number of essential functions of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, including the trial of fugitives who are among the most senior leaders suspected of being most responsible for crimes, after the closure of the Tribunals.
[Show full text]
2019 Solomon Solon 1270287
This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ International criminal courts and the introduction of the Daubert standard as a mode of assessing the psychological impact of warfare on civilians a comparative perspective Solomon, Solon Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 28. Sep. 2021 INTERNATIONAL CRIMINAL COURTS AND THE INTRODUCTION OF THE DAUBERT STANDARD AS A MODE OF ASSESSING THE PSYCHOLOGICAL IMPACT OF WARFARE ON CIVILIANS A Comparative Perspective Solon Solomon A thesis submitted to King’s College London Dickson Poon School of Law for the degree of Doctor of Philosophy 1 TABLE OF CONTENTS Chapter 1: The Question of the Daubert Standard Application in International Criminal Law as a Mode for Assessing Warfare’s Psychological Toll on Civilians ......................................
[Show full text]
General Assembly Official Records Sixty-Sixth Session
United Nations A/66/PV.87 General Assembly Official Records Sixty-sixth session 87th plenary meeting Friday, 16 December 2011, 10 a.m. New York President: Mr. Al-Nasser .................................... (Qatar) In the absence of the President, Mr. Thomson In accordance with article 8 of the statute of the (Fiji), Vice-President, took the Chair. Mechanism, the Mechanism shall have a roster of 25 independent judges, not more than two of whom The meeting was called to order at 10.15 a.m. may be nationals of the same State. This will be the first election of the judges for the Mechanism. Agenda item 129 Pursuant to article 10, paragraph 3, of the statute International residual mechanism for criminal tribunals of the Mechanism, the judges of the Mechanism, who will be assigned to either the branch for the Letter from the President of the Security Council International Criminal Tribunal for Rwanda or the (A/66/564) branch for the International Tribunal for the Former Memorandum by the Secretary-General Yugoslavia of the Mechanism, shall be elected for a (A/66/571/Rev.1) term of four years, beginning on 1 July 2012 and ending on 30 June 2016. Judges shall be eligible for Note by the Secretary-General (A/66/572) reappointment by the Secretary-General after The Acting President: This morning, the General consultation with the Presidents of the Security Assembly will take up agenda item 129, entitled Council and the General Assembly. “International residual mechanism for criminal Having considered the nominations for judges of tribunals”, to elect 25 judges of the Residual the Mechanism received by the Secretary-General, the Mechanism.
[Show full text]
Draft Programme 111104 EN.Pdf
Day 1 Tuesday, 15 November 2011 8:30 – 9:30 Arrival and Registration of Participants Coffee and tea available 9:30 – 10:00 Opening Remarks Speakers: • Judge Patrick Robinson, ICTY President • M. Jean-Marc Hoscheit, Ambassador of the Grand Duchy of Luxembourg to The Netherlands • Philippe Brandt, Minister, Embassy of Switzerland to The Netherlands • Alison Cole, Legal Officer, International Justice, Open Society Justice Initiative 10:00 – 11:30 PANEL 1 - The Impact of the Tribunal’s Substantive Jurisprudence on the Elucidation of Customary International Humanitarian Law Moderator: Judge Theodor Meron, ICTY Appeals Chamber Panelists: • Georges Abi-Saab, Professor Emeritus for International Law, Graduate Institute of International Studies, Geneva; former ICTY Judge • James Crawford, Professor of International Law, University of Cambridge; Research Professor, Latrobe University, Australia • Jean-Marie Henckaerts, Legal Adviser, International Committee of the Red Cross (ICRC) • Mona Rishmawi, Chief of the Rule of Law, Equality and Non-Discrimination Branch, Office of the High Commissioner for Human Rights Discussion 11:30 – 12:00 Coffee Break 12:00 – 13:00 PANEL 1, Cont’d 13:00 – 14:30 Lunch 14:30 – 16:30 PANEL 2 - The Impact of the Tribunal on the Future of Global Justice and the Advancement and Enforcement of Human Rights Moderator: Navi Pillay, United Nations High Commissioner for Human Rights Panelists: • Richard Dicker, Director, International Justice Programme, Human Rights Watch • Diane Orentlicher, Deputy, Office of War Crimes Issues,
[Show full text]
S/PV.8576 International Residual Mechanism for Criminal Tribunals 17/07/2019
United Nations S/ PV.8576 Security Council Provisional Seventy-fourth year 8576th meeting Wednesday, 17 July 2019, 10 a.m. New York President: Mr. Meza-Cuadra (Peru) Members: Belgium ....................................... Mr. Pecsteen de Buytswerve China ......................................... Mr. Liu Yang Côte d’Ivoire ................................... Mr. Moriko Dominican Republic .............................. Mr. Singer Weisinger Equatorial Guinea ............................... Mrs. Mele Colifa France ........................................ Mr. Fize Germany ...................................... Mr. Licharz Indonesia. Mr. Syihab Kuwait ........................................ Mr. Alajmi Poland ........................................ Ms. Wronecka Russian Federation ............................... Mr. Kuzmin South Africa ................................... Mr. Mabhongo United Kingdom of Great Britain and Northern Ireland .. Mrs. Dickson United States of America .......................... Ms. Pierce Agenda International Residual Mechanism for Criminal Tribunals Letter dated 20 May 2019 from the President of the International Residual Mechanism for Criminal Tribunal addressed to the President of the Security Council (S/2019/417) This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 ([email protected]). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 19-22060 (E) *1922060* S/PV.8576 International Residual Mechanism for Criminal Tribunals 17/07/2019 The meeting was called to order at 10 a.m. This is not to say that my first months have been easy.
[Show full text]
Public Redacted Version of the 30 April 2014 Decision of the President on the Early Release of Ranko Cesi(~
UNITED NATIONS Case No. MICT-14-66-ES (I) Mechanism for International Criminal Tribunals Date: 28 May 2014 Original: English THE PRESIDENT OF THE MECHANISM Before: Judge Theodor Meron, President Registrar: Mr. John Hocking Decision of: 28 May 2014 PROSECUTOR v. RANKO CESI(~ PUBLIC REDACTED PUBLIC REDACTED VERSION OF THE 30 APRIL 2014 DECISION OF THE PRESIDENT ON THE EARLY RELEASE OF RANKO CESI(~ The Office of the Prosecutor: Mr. Hassan Bubacar Jallow Counsel for Mr. Ranko Cesic Mr. Mihajlo Bakrac The Kingdom of Denmark I 1- I. I, Theodor Meron, President of the International Residual Mechanism for Criminal Tribunals ("Mechanism"), am seised of: (i) the Danish Ministry of Justice's notification of the eligibility for early release of Mr. Ranko Cesic ("Ce§ic"), dated 20 February 2014, conveyed to me by the Registry of the Mechanism ("Registry") on 4 March 2014; I and (ii) a confidential request for early release filed by Cesic on 7 March 2014.2 I consider the Notitication and the Request pursuant to Article 26 of the Statute of the Mechanism ("Statute"), Rules 150 and 151 of the Rules of Procedure and Evidence of the Mechanism ("Rules"), and paragraphs 2 and 3 of the Practice Direction on the Procedure for the Determination of Applications for Pardon, Commutation of Sentence, and Early Release of Persons Convicted by the ICTR, the ICTY or the Mechanism ("Practice Direction,,). 3 I. BACKGROUND 2. Cesic was arrested in Belgrade by the authorities of the Federal Republic of Yugoslavia on 25 May 2002 and was transferred to the United Nations Detention Unit at The Hague on 17 June 2002.
[Show full text]
The Politics of Order Dissertation
The Politics of Order A critical theorization of selectivity in relation to ICTY’s indictment policy practice Dissertation zur Erlangung des Grades eines Doktor der Rechte im Fachbereich Rechtswissenschaft der Albert-Ludwigs-Universität Freiburg im Breisgau S.M. Bedoya Sánchez Erstgutachter: Prof. Dr. Hans-Jörg Albrecht Zweitgutachter: Prof. Dr. Ulrich Sieber Dekan: Prof. Dr. Matthias Jestaedt Ort: Freiburg im Breisgau Mündliche Prüfung: 02. und 03. Februar 2016 Erscheinungsjahr: 2016 2 Hic Sunt Dracones 3 4 CONTENTS I. Aim, method, disciplinary orientations and outline of the study ...................................................................................... 14 1.1 Introduction ...................................................................................... 14 1.2 Object of the research ...................................................................... 19 1.3 Research questions ........................................................................... 19 1.4 Disciplinary orientations of this research ......................................... 20 1.4.1 Critical International Legal Theory (CILT) ................................... 20 1.4.1.1 Background ................................................................................. 20 1.4.1.2 The new stream ........................................................................... 22 (1) Conceptual bases ............................................................................... 26 (2) The notion of critique .......................................................................
[Show full text]
“Bring Forth the Accused!” Defendant Attitudes and the Intimate Legitimacy of the International Criminal Trial
“BRING FORTH THE ACCUSED!” DEFENDANT ATTITUDES AND THE INTIMATE LEGITIMACY OF THE INTERNATIONAL CRIMINAL TRIAL Frédéric Mégret* The accused is, oddly, the great forgotten figure of the international criminal trial. There is much interest in the rights of the accused as a generic figure, but very little attention to the actual role of the accused in his own trial. This article argues that the agency of the accused and its impact on both the dynamics, impact, and legitimacy of international criminal justice has been considerably underestimated. In fact, the accused is one of the most central figures of the international trial, and his decisions and attitudes will have considerable repercussions on what international criminal justice can hope to achieve. Drawing on socio-legal scholarship and the idea that law is also produced by its subjects, this article proposes a comprehensive typology of defendant attitudes towards their trial. The four attitudes are: (i) defiance - the attitude of a defedant who denies a tribunal any legitimacy to prosecute him, (ii) engagement - that of a defendant who defends himself conventionally by denying the charges against him but not the legitimacy of his judges, (iii) sacrifice - that of a defendant who does not contest that he is guilty of something but casts the reasons for his trial differently than a tribunal does, and (iv) repentance - the attitude of contrition and remorse of an accused who acknowledges the crimes he committed. The article is not a normative defense of any particular attitude but an attempt to understand them for what they are and examine their logic, manifestations and impact on the trial.
[Show full text]
Notes and Comments the West Bank and International Humanitarian
Copyright © 2017 by The American Society of International Law doi:10.1017/ajil.2017.10 NOTES AND COMMENTS THE WEST BANK AND INTERNATIONAL HUMANITARIAN LAW ON THE EVE OF THE FIFTIETH ANNIVERSARY OF THE SIX-DAY WAR By Theodor Meron* I. INTRODUCTION The West Bank and the Settlements, again? Readers may have had enough of this subject. But these are exceptional times. The adoption by the Security Council of Resolution 2334 on December 23, 2016,1 the unprecedented speech by Secretary Kerry delivered shortly there- after,2 and the immediate rejection of both by Prime Minister Netanyahu,3 combined with the approach of the ﬁftieth anniversary of the Six-Day War in June 2017 and the continued march toward an inexorable demographic change in the West Bank, not to mention the nom- ination as U.S. Ambassador to Israel of a person reportedly supporting an active settlement policy and annexation:4 the conﬂuence of these events demands our renewed attention.5 And while these developments undoubtedly have powerful political dimensions, they also call upon those of us who care about international law to speak up in support of its requirements and application. That is what I did right after the Six-Day War. At that time, at the age of 37, I had just been appointed the Legal Adviser of the Israel Ministry of Foreign Affairs, replacing Professor Shabtai Rosenne, following my service in New York as counselor of the Israel Mission to * Judge and President of the United Nations Mechanism for International Criminal Tribunals; Judge and Past President of the United Nations International Criminal Tribunal for the former Yugoslavia; former Judge of the United Nations International Criminal Tribunal for Rwanda; Charles L.
[Show full text]
University of Cambridge
ANNUAL REPORT 2013—2014 1 Introduction Established in 1983, the Lauterpacht Centre for International Law is the centre for the study of international law at the University of Cambridge. In this role, it seeks to provide both a framework and forum for critical and constructive thought about the function, content and working of law in the international community, as well as to develop an appreciation of international law as an applied body of rules and principles. A number of those associated with the Centre are actively involved in the practical development and application of international law. The Centre is not involved in the formal teaching or supervision of students of the University; this is the responsibility of the Faculty of Law, of which the Centre is part. The Director, Deputy Director and some of the other Fellows of the Centre, in their role as members of the Faculty, are actively involved in teaching and research supervision. The Centre provides a regular forum for lectures and seminars and other forms of small-group teaching. The Centre’s Aims “The Lauterpacht Centre advances scholarship in international law at the highest level through research, documentation, dialogue and publication, and supports efforts to strengthen the international rule of law. The Centre is inspired by the Lauterpachtian vision of placing human beings at the centre of international legal development and offers a home for those wishing to work and collaborate towards that end in Cambridge and elsewhere.” Centre Objectives The specific objectives of
[Show full text]
General Assembly Distr.: General 10 December 2004 English Original: English/French/Spanish
United Nations A/59/439* General Assembly Distr.: General 10 December 2004 English Original: English/French/Spanish Fifty-ninth session Agenda item 18 Election of judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Curricula vitae of candidates nominated by States Members of the United Nations Note by the Secretary-General Contents Paragraphs Page I. Introduction .................. 3 11. Curricula vitae . .................. 4 Carmel A Agiiw (Malta) 4 Jean-Claude Antonetti (France) . ... 15 Iain Bonomy (United Kingdom of Great Britain and Northern Ireland). .............. 18 Liu Daqun (China) ................... 19 Mohamed Amin El-Abbassi El Mahdi (Egypt) ............................. 24 Elhagi Abdulkader Emberesh (Libyan Arab Jamahiriya) ........................... 27 Rigobcrto Espinal lrias (Honduras ............................... 31 0-gon Kwon (Republic of Korea) .............................. 38 Theodor Meron (United States of America) ................ 42 Bakone Melema Moloto (South Africa). .... ............................... 44 Prisca Matimba Nyambe (Zambia) ................ 48 ... ... * Keissued for technical reasons. 04-S1069'(E) 031104 IS1204 I11111 Ill 1111 111111111 11111 11111 I111 1111 A/59/439 Alphonsus Martinus Maria Orie (Netherlands). 58 Kevin Horace Parker (Australia) . 64 Fausto Pocar (Italy). ....................................... 61 Yenyi Olungu (Democratic Republic
[Show full text]
Judicial Decision-Making in International Criminal Courts
GRIFFITH JOURNAL OF LAW & HUMAN DIGNITY Editor-in-Chief Danielle Warren Executive Editors Michelle Gunawan Molly Jackson Felicia Lal Eleesa Panton IT Administrator & Executive Editor Neerav Gorasia Editors Renee Curtis Alex Neumann Isabelle Quinn Lana Ristic Ashlee Robin Ada Sculthorp Alexander Vanenn Josephine Vernon Genevieve White Consulting & Executive Editor Dr Allan Ardill Volume 3(1) 2015 Published in May 2014, Gold Coast, Australia by the Griffith Journal of Law & Human Dignity ISSN: 2203-3114 CONTENTS KEIRAN HARDY NATIONAL SECURITY REFORMS AND FREEDOM OF THE PRESS 1 EDWIN BIKUNDO THE PRESIDENT’S TWO BODIES: UHURU KENYATTA AT THE 30 INTERNATIONAL CRIMINAL COURT MICHELLE MALONEY FINALLY BEING HEARD: THE GREAT BARRIER REEF AND THE 40 INTERNATIONAL RIGHTS OF NATURE TRIBUNAL STEVEN FREELAND JUDICIAL DECISION-MAKING IN INTERNATIONAL CRIMINAL 59 COURTS: “EFFECTIVE” JUSTICE? ADELE ANTHONY THE LAW AND BOXING: A PARADOX 86 NIKOLAS FEITH TAN PRABOWO AND THE SHORTCOMINGS OF INTERNATIONAL 103 JUSTICE FELICITY GERRY QC LET’S TALK ABOUT SLAVES … HUMAN TRAFFICKING: 118 EXPOSING HIDDEN VICTIMS AND CRIMINAL PROFIT AND HOW LAWYERS CAN HELP END A GLOBAL EPIDEMIC GEMIMA HARVEY THE PRICE OF PROTEST IN WEST PAPUA 170 JUDICIAL DECISION-MAKING IN INTERNATIONAL CRIMINAL COURTS: “EFFECTIVE” JUSTICE?1 STEVEN FREELAND* The past two decades have witnessed the re-emergence of a system of international justice mechanisms, and the “institutionalisation” and “judicialisation” of international criminal justice, principally through the operation of formalised international and hybrid courts and tribunals. This followed a long period of impunity, during which there was virtually no legal accountability for the commission of atrocities and international crimes. After a slow beginning, several of these mechanisms then became active in the implementation of criminal justice against those accused of the most egregious crimes.
[Show full text]