DOCSLIB.ORG

Copyright © and Moral Rights for This Thesis Are Retained by the Author And/Or Other Copyright Owners

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Copyright © and Moral Rights for This Thesis Are Retained by the Author And/Or Other Copyright Owners Labenski, Sheri A. (2018) Female defendants in international criminal law and beyond. PhD thesis. SOAS University of London. http://eprints.soas.ac.uk/30321 Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non‐commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this thesis, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", name of the School or Department, PhD Thesis, pagination. Female Defendants in International Criminal Law and Beyond Sheri A. Labenski Thesis submitted for the degree of PhD/MPhil 2017 Department of Law SOAS, University of London Contents Abbreviations 5 Instruments and Cases 7 Abstract 12 Chapter One- Encountering the Female Defendant in International Criminal Law 13 1. Research Questions 15 1.1 Do understandings of gender, law, and violence shift if female defendants are centred within 16 analysis? 1.2 How do popular representations of gender infiltrate international courts and tribunals, 17 including representations of female defendants in the media? 1.3 How can the discussion of female defendants aid in greater understanding of the benefit of 19 local justice processes? 2. Aims 20 3. Objectives 21 4. Methodology 24 4.1 Critical legal studies as a precursor to feminist methods 30 4.2 Moving to feminist methods 31 5. Female Defendants in International Criminal Law: Beyond Counting and Towards Justice 34 5.1 Lack of numbers 35 5.2 Harming women who experience sexual violence in armed conflict 37 5.3 Irrelevant to international criminal law 38 5.4 A minor issue 39 5.5 The future of research on female defendants 40 6. Structure 41 7. Audience 44 Chapter Two- Positioning Female Defendants 46 1. Terms 47 2. Literature Review Exploring Common Narratives 51 2.1 Women outside of traditional female roles 57 2.2 Justifying women in international criminal law 63 2.3 Focus on sexual violence 67 3. Theoretical Framework 71 3.1 Beyond female defendants as victims of sexual violence 71 3.2 Situating female defendants: representations of gender, race, and class 76 4. Conclusion 84 Chapter Three- Positioning International Criminal Law 86 1. Introduction 86 2. The Context of International Criminal Law 87 3. International Human Rights Law and International Criminal Law 92 4. Western Feminist Approaches in the Development of International Criminal Law 95 5. International Tribunals and Courts 100 6. Conclusion 114 Chapter Four- The International Criminal Tribunal for the Former Yugoslavia 116 1. Introduction 116 2. The Mainstream Narrative of the Former Yugoslav Republic 118 3 The International Criminal Tribunal for the Former Yugoslavia 128 3.1 The establishment of the ICTY and local understandings 129 3.2 The interrogation of Biljana Plavšić 137 3.3 Local processes 141 3.4 Feminist response to sexual violence during the conflict in the Former Yugoslav Republic 146 4. Victim Feminism 151 5. Conclusion 162 3 Chapter Five- The International Criminal Tribunal for Rwanda 165 1. Introduction 165 2. Colonialism, the Rwandan Genocide and Media Representation 170 3. The ICTR and the Status of Women 183 3.1 ICTR and sexual violence 183 3.2 Pauline Nyiramasuhuko 187 3.3 Local processes 195 3.4 Feminist interventions in the ICTR 198 4. (In)visibility of Female Defendants 203 5. Conclusion 212 Chapter Six- The Extraordinary Chambers in the Courts of Cambodia 215 1. Introduction 215 2. History of the Khmer Rouge 219 3. The Extraordinary Chambers in the Courts of Cambodia 226 4. Female Defendants 232 5. Marriage in the Khmer Rouge 243 6. A Brief Comment on the Asia Pacific Regional Women's Hearing 249 7. The Limits of Female Defendants and Feminism 252 7.1 International perspectives 253 7.2 Local processes 257 8. Conclusion 258 Chapter Seven Female Defendants in International and Local Legal Structures 261 1. The Importance of Discussing Female Perpetrators, Defendants, and Suspects 261 2. From the International to the Local 264 3. Three Post-conflict Institutions 274 4. Conclusion 280 Bibliography 284 4 Abbreviations BiH Bosnia and Herzegovina CEDAW Convention on the Elimination of All Forms of Discrimination against Women CLS critical legal studies CPK Communist Party of Kampuchea DDR disarmament, demobilization, and reintegration ECCC Extraordinary Chambers in the Courts of Cambodia FLS/T feminist legal studies/theory FYR Former Yugoslav Republic GA General Assembly ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICJ International Courts of Justice ICL international criminal law ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for the Former Yugoslavia IHL international humanitarian law IHRL international human rights law ILC International Law Commission IMF International Monetary Fund IMT International Military Tribunal NAIL new approaches to international law NATO North Atlantic Treaty Organization 5 NMT Nuremberg Military Tribunal OSCE Organization for Security and Co-operation in Europe RES resolution SC Security Council SCSL Special Courts for Sierra Leone TWAIL third world approaches to international law UDHR Universal Declaration of Human Rights UK United Kingdom UN United Nations UNPROFOR United Nations Protection Force US United States WAIC women accused of international crimes 6 Instruments and Cases UN Conventions and Treaties The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 75 UNTS 31, adopted in 1864, revised in 1949. The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 75 UNTS 85, adopted in 1949. The Geneva Convention Relative to the Treatment of Prisoners of War 5 UNTS 135, adopted in 1929, revision in 1949. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War 75 UNTS 287, adopted on 12 August 1949. Hague Conference (I) (May 18–July 29, 1899). Hague Conference (II) (July 15–October 18, 1907). International Covenant on Civil and Political Rights, UNGA Res. 2200A, 21 U.N. GAOR, Supp. (No.16) at 49, U.N. Doc. A/6316 (1966). International Convention on the Elimination of All Forms of Racial Discrimination, UNGA Res. 2160A, 20 U.N. GAOR, Supp. (No.14) at 58, U.N. Doc. A/60143, 660 U.N.T.S. 1956 (1966). International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, Supplement No. 10 (A/56/10), chp.IV.E.1 (2001). Optional Protocol to the International Covenant on Civil and Political Rights, UNGA Res. 2200A, 21 U.N. GAOR, Supp. (No.16) at 59, U.N. Doc. A/6316 (1966). Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) 1125 UNTS 3, adopted on 8 June 1977. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 1125 UNTS 6098, adopted on June 1977. Treaty of Peace with Germany, Treaty of Versailles (1920). UNGA International Law Commission, The Charter and Judgement of the Nürnberg Tribunal: History and Analysis Appendix II., A/CN.4/5 (1949). United Nations, Charter of the International Military Tribunal - Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis (8 August 1945). Universal Declaration of Human Rights, UNGA Res. 217, 3 UN GAOR, U.N. Doc. 1/777 (1948). 7 UN Resolutions General Assembly UNGA, Prevention and punishment of the crime of genocide, A/RES/260 (1948). UNGA, Diplomatic Intercourse and Immunities, A/RES/1288 (1958). UNGA, Convention on the Elimination of All Forms of Discrimination Against Women, A/RES/34/180 (1979). UNGA, Resolution 228, 57/228/ B (2003). Security Council UNSC, Resolution 836, S/RES/836 (1993). UNSC, Resolution 827, S/RES/827 (1993). UNSC, Resolution 1244, S/RES/1244 (1999). UNSC, Resolution 2242, S/RES/2242 (2015). Cases Former Yugoslav Republic Prosecutor v Ovčara I – Miroljub Vujović et al (Judgement) KTRZ 3/03 (12 March 2009). Office of the Prosecutor of Bosnia and Herzegovina v Rasema Handanović (Appeal Judgement) S 1 1 K 009162 12 Kro (30 May 2012). Prosecutor of Bosnia and Herzegovina v Albina Terzić (Appeal Judgement) S1 1 K 005665 11 KrI (13 December 2012). Prosecutor of Bosnia and Herzegovina v Azra Bašić (Judgement) S1 1 K 018557 17 Kri (27 December 2017). United States of America In the Matter of the Extradition of Rasema Handanovic, United States District Court, D. Oregon, Portland Division, 829 F.Supp.2d 979 D. Or. (2011). ICTY Statute of the International Criminal Tribunal for the Former Yugoslavia, adopted by Security Council Resolution 827, U.N. Doc. S/RES/827 (1993). Prosecutor v Češić (Trial Chamber Judgement) IT-95-10/1 (11 March 2004). Prosecutor v Furundžija (Trial Chamber Judgement) IT-95-17/1-T (10 December 1998). Prosecutor v Kunarac et al (Trial Chamber Judgement) IT-96-23-T & IT-96-23/1-T (22 February 2001). Prosecutor v Jelisic (Trial Chamber Judgement) IT-95-10, 66 (14 December 1999). 8 Prosecutor v Milošević (Second Amended Indictment) IT-02-54-T (23 October 2002). Prosecutor v Milošević (Second Amended Indictment) IT-02-54-T (22 November 2002). Prosecutor v Milošević (Second Amended Indictment) IT-02-54-T (16 October 2001).
Load more

Recommended publications
  • Article on the Women's Court
    University of Birmingham Transitional justice as recognition: an analysis of the women's court in Sarajevo Clark, Janine DOI: 10.1093/ijtj/ijv027 License: None: All rights reserved Document Version Peer reviewed version Citation for published version (Harvard): Clark, J 2016, 'Transitional justice as recognition: an analysis of the women's court in Sarajevo', International Journal of Transitional Justice. https://doi.org/10.1093/ijtj/ijv027 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is a pre-copyedited, author-produced PDF of an article accepted for publication in International Journal of Transitional Justice following peer review. The version of record Clark, Janine Natalya. "Transitional Justice as Recognition: An Analysis of the Women’s Court in Sarajevo." International Journal of Transitional Justice (2015) is available online at: 10.1093/ijtj/ijv027 Checked March 2016 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain.
    [Show full text]
  • Transitional Justice As Recognition: an Analysis of the Women's Court In
    International Journal of Transitional Justice, 2016, 10, 67–87 doi: 10.1093/ijtj/ijv027 Advance Access Publication Date: 13 November 2015 Article Transitional Justice as Recognition: An Analysis of the Women’s Court in Sarajevo Janine Natalya Clark* ABSTRACT1 In May 2015, a women’s court was held in Sarajevo over a four-day period. It was the first such court on European soil in over 40 years and reflected a growing awareness within the former Yugoslavia of the limitations of international and national criminal Downloaded from trials. I attended the Women’s Court, and this article draws on both my experiences as a participant observer and my interviews with some of the organizers and witnesses. Although it is too soon to know whether the Court will produce any substantive results or have any lasting impact, I offer an early analysis. While the organizers of the Court theorized it as feminist justice, I regard feminist justice as part of what Frank http://ijtj.oxfordjournals.org/ Haldemann terms ‘justice as recognition.’ Analyzing and assessing the Court within this conceptual framework, I argue that it successfully delivered justice as recognition at a symbolic level. The challenge now is to translate this symbolic justice as recogni- tion into a more tangible and practical form. KEYWORDS: Women’s Court, former Yugoslavia, justice as recognition, feminist just- ice, holistic approach INTRODUCTION by guest on February 28, 2016 In The Memoirs of Sherlock Holmes, Sir Arthur Conan Doyle wrote that, ‘It is every man’s business to see justice done.’2 These words take on a particular resonance in postconflict societies torn apart by violence and bloodshed.
    [Show full text]
  • United Nations
    UNITED NATIONS International Tribunal for the Case No. IT-01-48-T Prosecution of Persons Responsible for Serious Violations of Date: 16 November 2005 International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 Original: English IN TRIAL CHAMBER I, SECTION A Before: Judge Liu Daqun, Presiding Judge Florence Ndepele Mwachande Mumba Judge Amin El Mahdi Registrar: Mr. Hans Holthuis Judgement of: 16 November 2005 PROSECUTOR v. SEFER HALILOVIĆ JUDGEMENT The Office of the Prosecutor: Mr. Philip Weiner Ms. Sureta Chana Mr. David Re Mr. Manoj Sachdeva Counsel for the Accused: Mr. Peter Morrissey Mr. Guénaël Mettraux I. INTRODUCTION..........................................................................................................................1 A. THE ACCUSED SEFER HALILOVIĆ.................................................................................................1 B. OVERVIEW OF THE CASE AGAINST SEFER HALILOVIĆ..................................................................1 II. GENERAL CONSIDERATIONS REGARDING THE EVALUATION OF EVIDENCE ...4 III. APPLICABLE LAW...................................................................................................................8 A. LAW ON ARTICLE 3 OF THE STATUTE...........................................................................................8 1. General Requirements of Article 3 of the Statute....................................................................8 (a) The Existence of an Armed Conflict and Nexus of the Alleged Crimes with the
    [Show full text]
  • 19 August 2008 in the NAME OF
    SUD BOSNE I HERCEGOVINE СУД БОСНЕ И ХЕРЦЕГОВИНЕ Number: X-KRŽ-05/42 Sarajevo: 19 August 2008 IN THE NAME OF BOSNIA AND HERZEGOVINA The Court of Bosnia and Herzegovina, Section I for War Crimes, in the Panel of the Appellate Division composed of Judge Azra Miletić, as the President of the Panel, and Judges Doctor Miloš Babić and Robert Carolan, as the Panel members, with the participation of the Legal Officer Neira Kožo as the Record-taker, in the criminal case against the accused Nikola Andrun for the criminal offence of War Crimes against Civilians, in violation of Article 173(1)c) of the Criminal Code of Bosnia and Herzegovina (hereinafter: the CC BiH), in conjunction with Article 29 of the CC BiH, deciding on the Indictment of the Prosecutor’s Office of Bosnia and Herzegovina number: KT-RZ-28/05 dated 12 August 2008, following the trial in the presence of the Prosecutor of the Prosecutor’s Office of BiH, Vesna Budimir, the accused Nikola Andrun and his Defense Counsel, lawyer Hamdo Kulenović, rendered and on 19 August 2008 publically announced the following: VERDICT THE ACCUSED NIKOLA ANDRUN, son of Drago and mother Zora nee Nikolić, born on 22 November 1957 in the place of Domanovići, Municipality Čapljina, JMBG 2211957151130, permanent place of residence in Čapljina at St. Fra Didaka Buntića bb, of Croatian ethnicity, merchant by occupation, unemployed, married, a father of four, citizen of Bosnia and Herzegovina and the Republic of Croatia, prior conviction by the Verdict of the Basic Court in Stolac number: Kž-2/94 of 15 March 1994 to imprisonment for a term of 5 (five) months, 2 (two) years on probation and a ban on driving „B“ category motor vehicles for a period of 8 (eight) months for the criminal offence in violation of Article 185(1) and Article 181(1) of the Criminal Code of the Republic of Bosnia and Herzegovina, detained in the Correctional Establishment “Kula” since 30 November 2005, IS GUILTY Kraljice Jelene br.
    [Show full text]
  • Download Article PDF , Format and Size of the File
    Volume 93 Number 883 September 2011 REPORTS AND DOCUMENTS What’s new in law and case law across the world Biannual update on national legislation and case law January–June 2011 The biannual report on national legis- ICRC Advisory Service lation and case law is an important tool in promoting the exchange of The ICRC’s Advisory Service aims information on national measures for to foster a systematic and proactive implementation of international hu- response to efforts to enhance the manitarian law (IHL). The ICRC was national implementation of inter- asked to undertake this task of infor- national humanitarian law (IHL). mation exchange through a resolution Working worldwide, through a net- adopted at the 26th International work of legal advisers, its three Conference of the Red Cross and Red priorities are: to encourage and Crescent in 1996. The laws presented below are support adherence to IHL-related those adopted by states in the first half treaties; to assist states by providing of 2011 (January–June) and cover a technical assistance directly to gov- variety of topics linked to IHL: from ernments to incorporate IHL into emblem protection to reparation for the domestic legal framework; and conflict victims to prohibition or to collect and facilitate exchange of restriction of certain weapons. The information on national measures of full texts of these laws are included implementation. in the ICRC’s database on national implementation at: http://www.icrc.org/ihl-nat, and can be used by states working on implementing law in their own country. doi:10.1017/S1816383112000215 853 Reports and documents The inclusion of selected cases illustrates, among other things, the growing number of domestic prosecutions for violations of IHL and shows the practical application of domestic implementing measures to punish these crimes.
    [Show full text]
  • (Case No. 2010/934), Criminal Case, Appeal Against Judgment
    JUDGMENT On 3 December 2010, the Supreme Court gave judgment in HR-2010-2057-P, (case no. 2010/934), criminal case, appeal against judgment, I. A (Counsel John Christian Elden) (Counsel Anders Løvlie) v. The Public Prosecution Authority (Counsel Tor-Aksel Busch) II. The Public Prosecution Authority (Counsel Tor-Aksel Busch) v. A (Counsel John Christian Elden) (Counsel Anders Løvlie) (1) Justice Møse: The case concerns whether the provisions on crime against humanity and war crime in chapter 16 of the Penal Code 2005, which entered into force on 7 March 2008, may be applied to acts committed in Bosnia-Hercegovina in 1992. The decisive points are whether the limitation period for criminal liability has expired, and whether application of the new provisions will contravene the prohibition against retroactivity in Article 97 of the Constitution. (2) A was born 00.00.1966 in the former Yugoslavia. He lived in one of the country’s six republics, Bosnia-Hercegovina, populated by three equal national groups: Bosniaks, who are Muslim, Serbs and Croats. A is a Bosniak from Stolac municipality, not far from the city of Mostar, southwest in Bosnia-Hercegovina. This is a translation of the ruling given in Norwegian. The translation is provided for information purposes only. 2 (3) After the breakup of Yugoslavia in 1990, several multiparty elections were held in all the republics. In Bosnia-Hercegovina, there were three nationalist parties – one Serbian, one Croatian and one Bosniak. In the course of 1991, sharp differences arose between the three groups. The conflict relating to Bosnia-Hercegovina’s future intensified after Croatia and Slovenia broke loose from Yugoslavia.
    [Show full text]
  • Download Ex B
    Exhibit B Case 2:18-cv-01001 Document 1-2 Filed 01/18/18 Page 1 of 15 I ' ,,r., -·&, "!J ' tontj,;i Republic of Serbia OFFICE OF THE WAR CRIMES PROSECUTOR Ref. KTRR-55/2011 Belgrade, 28 April 2011 WAR CRIMES IN THE AREA OF CAPL.JINA This text contains the integral version of notes for my presentation before the officials of the U.S. Embassy in Belgrade, ICE and FBI, at the meeting held on the pr~mises of the War Crimes Prosecutor's Office in Belgrade on 11 April 2011, along with some additional information that I have collected after the meeting. With reference to the subject of our today's meeting - the interest of the U.S. authorities in the events and war crimes that occurred in the territory of Capljina, i.e. the role of certain individuals (who subsequently became U.S. residents) in the commission of those crimes - it is important to note that the primary activity of the Serbian War Crimes Prosecutor's Office is to prosecute Serbian citizens suspected of involvement in war crimes. I have to emphasize this fact in order for you to understand that our resources are predominantly directed towards collecting documents and data that could serve as evidence in the criminal prosecution of war crimes suspects who are available to the Serbian judicial authorities - namely the Republic of Serbia's citizens who also have residence in this state. Specific issues related to war crimes committed by citizens of other former Yugoslav states, who can and ought to be prosecuted by their respective prosecution services, are addressed by this Prosecutor's Office in the framework of prosecutorial cooperation.
    [Show full text]
  • New Article on Why Men Rape
    University of Birmingham Untangling rape causation and the importance of the micro level Clark, Janine DOI: 10.1080/17449057.2016.1165919 License: None: All rights reserved Document Version Peer reviewed version Citation for published version (Harvard): Clark, J 2016, 'Untangling rape causation and the importance of the micro level: elucidating the use of mass rape during the Bosnian war ', Ethnopolitics. https://doi.org/10.1080/17449057.2016.1165919 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is an Accepted Manuscript of an article published by Taylor & Francis in Ethnopolitics on 14th April 2016, available online: http://www.tandfonline.com/10.1080/17449057.2016.1165919 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. Where a licence is displayed above, please note the terms and conditions of the licence govern your use of this document.
    [Show full text]
  • Violations of the Rules of War by Bosnian Croat and Muslim Forces in Bosnia-Herzegovina Ivana Nizich
    Hastings Women’s Law Journal Volume 5 | Number 1 Article 2 1-1-1994 Violations of the Rules of War by Bosnian Croat and Muslim Forces in Bosnia-Herzegovina Ivana Nizich Follow this and additional works at: https://repository.uchastings.edu/hwlj Recommended Citation Ivana Nizich, Violations of the Rules of War by Bosnian Croat and Muslim Forces in Bosnia-Herzegovina, 5 Hastings Women's L.J. 25 (1994). Available at: https://repository.uchastings.edu/hwlj/vol5/iss1/2 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Women’s Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Violations of the Rules of War by Bosnian Croat and Muslim Forces in Bosnia-Herzegovina By Ivana Nizich * INTRODUCTION Bosnian Serb troops and forces from Serbia proper are responsible for most violations of humanitarian law and human rights in Bosnia­ Herzegovina (Bosnia). The Serbs' policy of "ethnic cleansing"l in Bosnia and Croatia has been systematically executed by Serbian civilian and military authorities. It would be a mistake to say that all parties to the conflict are equally responsible for the violations that have been perpetrated in the Bosnian war. Nevertheless, the mostly Muslim forces of the Bosnian government and the Bosnian Croat militia have also been responsible for abuses against Serbian, Muslim, and Croatian civilians, albeit on a smaller scale than Bosnian Serb forces. When fighting between Bosnian Croats and Muslims gained momentum in early 1993, Croatian and Muslim civilians and disarmed combatants were victims of human rights abuses.
    [Show full text]
  • Draft Confidential RUF Apppeal Judgment
    Bosna i Hercegovina Босна и Херцеговина Sud Bosne i Hercegovine Суд Боснe и Херцеговинe Case No.: S1 1 K 006127 121 Krl Date: Published 14 September 2012 Written copy issued on 23 November 2012 TRIAL PANEL Composed of: Judge Staniša Gluhajić, presiding Judge Vesna Jesenković Judge Šaban Maksumić PROSECUTOR’S OFFICE OF BOSNIA AND HERZEGOVINA v. Dražen Mikulić VERDICT Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina: Remzija Smailagić Counsel for Accused: Attorney Damir Raguž Attorney Davor Martinović Sud Bosne i Hercegovine, Sarajevo, ul. Kraljice Jelene br. 88 Telefon: 033 707 100, 707 596; Fax: 033 707 225 TABLE OF CONTENTS VERDICT ............................................................................................................................................ 1 I. CRIMINAL PROCEEDINGS ........................................................................................................ 7 A. INDICTMENT AND THE MAIN TRIAL ................................................................................................ 7 B. PROCEDURAL DECISIONS ............................................................................................................. 9 (a) Decision to sit in closed session during a portion of trial ....................................... 9 (b) Granting protective measures to witnesses ................................................................ 9 (c) Testifying via video conference link ............................................................................ 11 (d) Resumption of the
    [Show full text]
  • Expert Witnesses and International War Crimes Trials: Making Sense of Large-Scale Violence in Rwanda
    Springer Series in Transitional Justice Volume 8 Series Editor Olivera Simic, Gold Coast, Queensland, Australia For further volumes: http://www.springer.com/series/11233 Dubravka Zarkov • Marlies Glasius Editors Narratives of Justice In and Out of the Courtroom Former Yugoslavia and Beyond 2123 Editors Dubravka Zarkov Marlies Glasius International Institute of Social Studies/EUR University of Amsterdam The Hague Amsterdam The Netherlands The Netherlands ISBN 978-3-319-04056-1 ISBN 978-3-319-04057-8 (eBook) DOI 10.1007/978-3-319-04057-8 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014932418 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law.
    [Show full text]
  • Chapter 5: the Role of National Courts in the Adjudication of Civil Redress
    Cover Page The handle http://hdl.handle.net/1887/50081 holds various files of this Leiden University dissertation Author: Cohen, Miriam Title: Reparations for international crimes and the development of a civil dimension of international criminal justice Issue Date: 2017-06-28 CHAPTER 5: THE ROLE OF NATIONAL COURTS IN THE ADJUDICATION OF CIVIL REDRESS FOR INTERNATIONAL CRIMES There can be a variety of responses to deal with international crimes. International criminal justice, in particular, stands on two pillars: it has an international dimension, performed by international courts, coupled by administrative mechanisms, which were the object of previous chapters. It also has a national dimension, fulfilled by domestic courts which enforce international law482. This study already addressed two legal frameworks for reparations for international crimes and in this chapter, it focuses on the third framework concerning the role of national courts in relation to reparations for victims of international crimes. In particular, this chapter attempts to address the following research questions: § What role should domestic courts play in relation to reparations for victims of international crimes? § Are domestic courts better equipped to deal with reparations for international crimes? § Can the doctrine of universal jurisdiction include a civil dimension? The present chapter thus addresses the role of domestic courts in the adjudication and award of reparations through case studies, including a discussion of the principle of universal civil jurisdiction. In this regard, it advances the broader research goal of this thesis, that is, an inquiry into the civil dimension of international criminal justice. Underlying this chapter is the question of the implications of adding a civil dimension in domestic litigation in relation to international crimes.
    [Show full text]