DOCSLIB.ORG

BOBLME-2015-Governance-15

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
BOBLME-2015-Governance-15 ii BOBLME-2015-Governance-15 The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of Food and Agriculture Organization of the United Nations concerning the legal and development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The BOBLME Project encourages the use of this report for study, research, news reporting, criticism or review. Selected passages, tables or diagrams may be reproduced for such purposes provided acknowledgment of the source is included. Major extracts or the entire document may not be reproduced by any process without the written permission of the BOBLME Project Regional Coordinator. BOBLME contract: PSA-LEN/16/5/2015 For bibliographic purposes, please reference this publication as: BOBLME (2015) Review of impacts of Illegal, Unreported and Unregulated fishing on developing countries in Asia. BOBLME-2015-Governance-15 ii Bay of Bengal Large Marine Ecosystem (BOBLME) Review of impacts of Illegal, Unreported and Unregulated fishing on developing countries in Asia FAO/BOBLME Secretariat Final report November 2015 Submitted by ae Review of impacts of Illegal, Unreported and Unregulated fishing on developing countries in Asia MRAG Ltd is an independent fisheries and aquatic resource consulting company dedicated to the sustainable use of natural resources through sound, integrated management practices and policies. Established in 1986, MRAG has successfully completed projects in more than 60 countries. Our in-house experts have a wide variety of technical expertise and practical experience across all aspects of aquatic resource management, policy and planning, allowing us to take a multi-disciplinary approach to every project. Our capability to service an extensive array of resource management needs is further extended through our network of associations with internationally acclaimed experts in academic institutions and private organisations worldwide. MRAG Ltd T: +44 (0) 20 7255 7755 18 Queen Street F: +44 (0) 20 7499 5388 London W1J 5PN W: www.mrag.co.uk United Kingdom E: [email protected] Cover photo credits: (From top to bottom) Thai fishing vessels in port (R Wakeford) Mixed species (trash fish) for fish meal – Thailand (R Wakeford) Detained illegal fishing vessel --BIOT (D Hughes) Illegally caught swordfish landed during inspection – BIOT (D Hughes) Page ii Review of impacts of Illegal, Unreported and Unregulated fishing on developing countries in Asia Table of contents Table of contents ............................................................................................................ i List of tables ................................................................................................................ vii List of figures .............................................................................................................. xiii Acronyms ................................................................................................................... xvi 1 Executive summary .................................................................................................... 1 2 Introduction .............................................................................................................. 4 3 Scope 7 3.1 Geographical scope ....................................................................................................... 7 3.2 Time period................................................................................................................... 8 3.3 Species .......................................................................................................................... 8 4 Methodology ............................................................................................................. 9 4.1 Overview of the methodology ....................................................................................... 9 4.2 Base level data collection ............................................................................................ 10 4.2.1 Catch data ..................................................................................................................... 10 4.2.2 Price data ...................................................................................................................... 11 4.3 Data collection on IUU influencing factors .................................................................... 11 4.3.1 IUU influencing factors.................................................................................................. 11 4.3.2 IUU events ..................................................................................................................... 13 4.4 The original proposed breakdown of national catch by fishery/fleet segment ............... 13 4.5 Risk assessment approach ........................................................................................... 16 4.5.1 Likelihood ...................................................................................................................... 16 4.5.2 Impact ........................................................................................................................... 17 4.6 Quantitative estimation based on outputs of risk assessment ...................................... 21 4.7 Regional IUU database model development ................................................................. 22 5 National analysis ..................................................................................................... 25 5.1 Introduction ................................................................................................................ 25 5.2 Bangladesh ................................................................................................................. 27 5.2.1 Introduction .................................................................................................................. 27 5.2.2 Fleet breakdown ........................................................................................................... 27 5.2.3 Catch breakdown by fleet ............................................................................................. 28 5.2.4 IUU influencing factors.................................................................................................. 28 5.2.5 Summary of IUU incidences .......................................................................................... 32 Page i Review of impacts of Illegal, Unreported and Unregulated fishing on developing countries in Asia 5.2.6 IUU risk identification ................................................................................................... 35 5.2.7 Risk assessment ............................................................................................................ 36 5.2.8 Impacts of IUU............................................................................................................... 39 5.2.9 Estimation of rates of Illegal, Unreported and Unregulated fishing ............................. 40 5.2.10 Quantification of Illegal, Unreported and Unregulated fishing .................................... 43 5.3 British Indian Ocean Territory ...................................................................................... 46 5.3.1 Introduction .................................................................................................................. 46 5.3.2 Fleet breakdown ........................................................................................................... 46 5.3.3 Catch breakdown by fleet ............................................................................................. 47 5.3.4 IUU Influencing factors ................................................................................................. 48 5.3.5 Summary of IUU incidences .......................................................................................... 50 5.3.6 IUU risk identification ................................................................................................... 53 5.3.7 Risk assessment ............................................................................................................ 57 5.3.8 Impacts of IUU............................................................................................................... 60 5.3.9 Estimation of rates of Illegal, Unreported and Unregulated fishing ............................. 61 5.3.10 Quantification of Illegal, Unreported and Unregulated fishing .................................... 64 5.4 Brunei ......................................................................................................................... 67 5.4.1 Introduction .................................................................................................................. 67 5.4.2 Fleet breakdown ........................................................................................................... 67 5.4.3 Catch breakdown by fleet ............................................................................................. 68 5.4.4 IUU Influencing factors ................................................................................................. 68 5.4.5 Summary of IUU incidences .......................................................................................... 70 5.4.6 IUU risk identification ..................................................................................................
Load more

Recommended publications
  • East Timor Au Timor Oriental UNTAET
    UNITED NATIONS NATIONS UNIES United Nations Transitional Administration Administration Transitoire des Nations Unies in East Timor au Timor Oriental UNTAET UNTAET/REG/2000/15 6 June 2000 REGULATION NO. 2000/15 ON THE ESTABLISHMENT OF PANELS WITH EXCLUSIVE JURISDICTION OVER SERIOUS CRIMINAL OFFENCES The Special Representative of the Secretary-General (hereinafter: Transitional Administrator), Pursuant to the authority given to him under United Nations Security Council resolution 1272 (1999) of 25 October 1999, Taking into account United Nations Transitional Administration in East Timor (UNTAET) Regulation No.1999/1 of 27 November 1999 on the Authority of the Transitional Administration in East Timor (hereinafter: UNTAET Regulation No. 1999/1), Taking into account UNTAET Regulation No. 2000/11 of 6 March 2000 on the Organisation of Courts in East Timor (hereinafter: UNTAET Regulation No. 2000/11) as amended by UNTAET Regulation No. 2000/14 of 10 May 2000 (hereinafter: UNTAET Regulation No. 2000/14), Recalling the recommendations of the International Commission of Inquiry of East Timor in their report to the Secretary-General of January 2000, After consultation in the National Consultative Council, For the purpose of establishing panels with exclusive jurisdiction over serious criminal offences as referred to under Section 10.1 of UNTAET Regulation No. 2000/11, Promulgates the following: I. General Section 1 Panels with Jurisdiction over Serious Criminal Offences 1.1 Pursuant to Section 10.3 of UNTAET Regulation No. 2000/11, there shall be established panels of judges (hereinafter: "panels") within the District Court in Dili with exclusive jurisdiction to deal with serious criminal offences. PURL: https://www.legal-tools.org/doc/c082f8/ 1.2 Pursuant to Section 15.5 of UNTAET Regulation No.
    [Show full text]
  • Roll DISTRICT COURT of Dill
    REPUBLICA DEMOCRATICA DE TIMOR-LESTE ROll TRIBUNAL DISTRITAL de Dill SECCAO CRIMES GRAVES DISTRICT COURT of DILl SPECIAL PANELS for SERIOUS CRIMES Case No.4 c /2003 Date: 16 November 2004 English original Before: Judge Siegfried Blunk, Presiding Judge Samith de Silva Judge Maria Pereira The Deputy Prosecutor-General for Serious Crimes v. Domingos Metan JUDGEMENT For the Prosecution: Mr. Charles Nsabimana Defense Counsel: Ms .. Chitra Subramoni PURL: https://www.legal-tools.org/doc/45ed02/ A. THE SPECIAL PANELS 1. The Special Panels for Serious Crimes in East Timor (hereinafter: Special Panel) were established within the District Court of Dili pursuant to Sec. 10 UNTAET Regulation (hereafter "Reg.") 2000/11 as amended by Reg. 2001/25, in order to exercise jurisdiction (inter alia) over Crimes against Humanity as specified by Sec. 1.3 (c) Reg. 2000/15, among them the criminal offences of the Crime against Humanity of Murder (Sec. 5.1 (a) Reg. 2000/15), the Crime against Humanity of Torture (Sec. 5.1 ( f) Reg. 2000/15), and the Crime against Humanity of other Inhumane Acts (Sec. 5.1 (k) Reg. 2000/15). All Regulations referred to in this judgement, have been upheld by Section 165 of the Constitution of the Democratic Republic of East Timor, which came into force on 20 May 2002. 2. According to Sec. 3 Reg. 2000/15 the Special Panel shall apply foremost - the law of East Timor as promulgated by Sec. 3 Reg. 1999/1, which are "the laws applied in East Timor prior to 25 October 1999" - subsequent UNTAET Regulations. - subsequent laws of democratically established institutions of East Timor.
    [Show full text]
  • Bulletin51e.Pdf
    NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2003 CONTENTS Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA........................................ 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the implementation of Part XI of the Convention and of the Agreement for the implementation of the provisions of the Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks ..................................................................................................................... 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 31 March 2003................................................................................................................ 1 2. Chronological lists of
    [Show full text]
  • East Timor's Land Tenure Problems: a Consideration of Land Reform Programs in South Africa and Zimbabwe
    EAST TIMOR'S LAND TENURE PROBLEMS: A CONSIDERATION OF LAND REFORM PROGRAMS IN SOUTH AFRICA AND ZIMBABWE Amy Ochoa Carson* INTRODUCTION This Note suggests ways to alleviate East Timor's' land tenure problems. These problems resulted from the country's complicated history.2 In 2002, East Timor was given its long-awaited independence and became the world's newest 3 nation. Since being discovered in the 1500s, East Timor was originally a Portuguese colony4 and, more recently, an Indonesian colony.5 Now that East Timor has gained its independence, it faces many obstacles before it can become a successful, self-sufficient nation. As of 2005, the country had one of the lowest real gross domestic products (GDP) in the world at eight hundred dollars.6 A massive problem East Timor must overcome is its complicated and * J.D. Candidate, Indiana University School of Law-Indianapolis, 2007. B.A., Hanover College, 2004. 1. In this Note the name East Timor will be used. There are, however, various names for the country of East Timor: The name most common in the English-speaking West is really a tautology since Timor is just the Indonesian word for 'east'. So East Timor is East East, and in fact the Indonesians referred to the province as Timor Timur or, in its shortened version, Tim Tim.... • * * [East Timor is also called] Timor Leste, which is East Timor in Portuguese. Or Timor Lorosae (also Loro Sa'e and Lor Sae), which can be Translated as 'Timor where the sun rises' in Tetun. Finally, the official English language name is Democratic Republic of East Timor ...
    [Show full text]
  • REPUBLICA DEMOCRATICA DE TIMOR-LESTE RDTL The
    ..Q(."~" C,. J/,. .,.'" ........ ~ ~ ...# ....... REPUBLICA DEMOCRATICA DE TIMOR-LESTE RDTL TRIBUNAL DISTRITAL de DiLl SECCAO CRIMES GRAVES Case No. 1112001 Date: 13/11//2003 Original: English Before: Judge Dora Martins De Morais Judge Antonio Helder Viera do Carmo Judge Francesco Florit, presiding and rapporteur Registrar: Joao Naro Judgement of: l3.11.2003 The prosecutor v. Anastacio Martins and Domingos Goncalves JUDGEMENT The Office of the Public Prosecutor: Mr. Per Halsbog Counsel of the accused Ms. Radmila Dimitijevic for Anastacio Martins Ms. Beatriz Sanchez for Domingos Goncalves PURL: https://www.legal-tools.org/doc/b77869/ INTRODUCTION The trial of Anastacio Martins- around 45 years old, famler, married, residing in G\cno- and of Domingo Goncalves- around 40 years old, residing in Liquica district, Bazartctc Sub­ district- before the Special Pancl for the Trial of Serious Crimcs in the District Court of Dili (hereinafter: the "Special Panel") started on the I st September 2003 and ended today, the 20th October 2003, with the rendering of the decision. A fter considering the plea of guilt made by the accused Anastacio Martins, all the evidence presented during the trial and the written and oral statements from the defense and from the Office of the Public Prosecutor (hereinafter: the "Public Prosecutor"), the Special Panel renders its judgement. PROCEDURAL BACKGROUND On 2nd May 200 I, the Public Prosecutor filed before the District Court of Dili a written indictment (in English version) against the accused charging them with several counts of crimes against humanity. Copies of statements of several witnesses and copies of statements of the accused Anastacio Martins himself, were attached to the indictment.
    [Show full text]
  • Land and Life in Timor-Leste Ethnographic Essays
    Land and Life in Timor-Leste Ethnographic Essays Land and Life in Timor-Leste Ethnographic Essays Edited by Andrew McWilliam and Elizabeth G. Traube THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au/ National Library of Australia Cataloguing-in-Publication entry Title: Land and life in Timor-Leste : ethnographic essays / Andrew McWilliam and Elizabeth G. Traube, editors. ISBN: 9781921862595 (pbk.) 9781921862601 (ebook) Notes: Includes bibliographical references. Subjects: Ethnology--Timor-Leste. Timor-Leste--Social life and customs--21st century. Timor-Leste--Social conditions--21st century. Timor-Leste--Rural conditions--21st century. Other Authors/Contributors: McWilliam, Andrew. Traube, Elizabeth G. Dewey Number: 301.295986 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU E Press Cover image: ‘Uma Lulik Borolaisoba, Watulari, Viqueque’ by Josh Trindade. Printed by Griffin Press This edition © 2011 ANU E Press Contents Contributors . .vii Map . x 1 . Land and Life in Timor-Leste: Introduction . 1 Andrew McWilliam and Elizabeth G. Traube 2 . Origins, Precedence and Social Order in the Domain of Ina Ama Beli Darlari . 23 Susana Barnes 3 . Opening and Closing the Land: Land and power in the Idaté highlands . 47 Judith Bovensiepen 4 . Fataluku Living Landscapes . 61 Andrew McWilliam 5. Darlau: Origins and their significance for Atsabe Kemak identity .
    [Show full text]
  • The Corporatist Compromises and East Timorese Camps After 1999
    SILENT SUFFERING: THE CORPORATIST COMPROMISES AND EAST TIMORESE CAMPS AFTER 1999 By Dominggus Elcid Li A thesis submitted to The University of Birmingham For the degree of DOCTOR OF PHILOSOPHY School of Government and Society The University of Birmingham July 2013 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This research focuses on the question why the East Timorese in exile after 1999 are suffering in silence. Today, many of them still live in temporary camps for more than a decade after East Timor referendum. Using Foucaultian approach in investigating the long period of history of the construction of the people in camps, and also the concept of reflexive sociology this research tries to explain the construction of victims within the trend of transitional justice in post Cold War period. The victims of structural violence are rarely recognised within the liberal human rights campaign. Following Arendt’s idea that the camp is the place where human rights and citizen right are not recognized, this research finds that Agamben’s argument that the making of camp itself is not separated from the juridical and disciplinary power is valid.
    [Show full text]
  • WAS the CONFLICT in EAST TIMOR ‘GENOCIDE’ and WHY DOES IT MATTER? Was the Conflict in East Timor ‘Genocide’? BEN SAUL*
    WAS THE CONFLICT IN EAST TIMOR ‘GENOCIDE’ AND WHY DOES IT MATTER? Was the Conflict in East Timor ‘Genocide’? BEN SAUL* [In the intense mass media reporting of the post-independence ballot violence in East Timor in September 1999, frequent reference was made to the term ‘genocide’. The characterisation of the violence as genocide was driven by comments made by East Timorese independence leaders, human rights advocates, and journalists themselves. Yet very few commentators analysed whether the violence in East Timor — both before and after the independence ballot — satisfied the international legal definition of ‘genocide’ under the Genocide Convention. This article considers why it matters whether the conflict in East Timor should or should not be characterised as genocide, from practical and philosophical perspectives. It then assesses whether the violence against the East Timorese in the post-ballot period of September 1999, and the pre-ballot period from December 1975 to October 1999, can accurately be described as genocide under international law. The article concludes by discussing whether genocide was prohibited as a crime under domestic law in East Timor during the relevant periods. The probability that the violence in East Timor did not legally amount to ‘genocide’ under the international definition raises serious questions about the effectiveness of the Genocide Convention and the pressing need for its reform.] CONTENTS Ben Saul Contents I Introduction II Distinguishing Genocide from other Crimes III Was the Violence in East Timor Genocide? A Elements of the Crime of Genocide 1 Membership of a Group 2 Intention to Destroy the Group B Definition of Acts Amounting to Genocide IV Can Genocide Be Prosecuted in East Timor? V Conclusion I INTRODUCTION In the intense mass media reporting of the post-independence ballot violence in East Timor in September 1999, frequent reference was made to the term ‘genocide’.
    [Show full text]
  • JUSTICE ABANDONED? an Assessment of the Serious Crimes Process in East Timor
    OCCASIONAL P APER SERIES JUSTICE ABANDONED? An Assessment of the Serious Crimes Process in East Timor Written by Megan Hirst and Howard Varney for the International Center for Transitional Justice June 2005 JUSTICE ABANDONED? An Assessment of the Serious Crimes Process in East Timor By Megan Hirst and Howard Varney JUNE 2005 I. INTRODUCTION This paper considers the regime established to respond to the crimes committed in East Timor during the last stage of the Indonesian occupation between 1975 and 1999. Following the outbreak of violence and the commission of human rights atrocities on a massive scale during 1999, the United Nations (UN) sponsored a justice program to investigate and prosecute those behind the most serious crimes. Within East Timor, serious crimes were to be prosecuted by the Serious Crimes Unit (SCU) under the Deputy General Prosecutor for Serious Crimes (DGPSC) and to be tried by the Special Panels for Serious Crimes (SPSC; collectively referred to as the serious crimes regime or process). A separate initiative, called the ad hoc Human Rights Court, was launched in Indonesia to try international crimes committed by Indonesian functionaries in East Timor. The paper outlines the historical background to the serious crimes process; explains the criminal justice regime for serious crimes; describes how the investigations, indictments, and trials unfolded; analyzes the relationship between the serious crimes process and other transitional justice mechanisms; and offers an assessment of the performance of the SCU and the SPSC. The paper ends with a discussion of the prospects for future prosecutions of serious crimes in East Timor.1 The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not backed up by the strategic planning and effective support necessary to counter the damaging effects of Indonesian lack of cooperation.
    [Show full text]
  • Land and Life in Timor-Leste Ethnographic Essays
    Land and Life in Timor-Leste Ethnographic Essays Land and Life in Timor-Leste Ethnographic Essays Edited by Andrew McWilliam and Elizabeth G. Traube THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au/ National Library of Australia Cataloguing-in-Publication entry Title: Land and life in Timor-Leste : ethnographic essays / Andrew McWilliam and Elizabeth G. Traube, editors. ISBN: 9781921862595 (pbk.) 9781921862601 (ebook) Notes: Includes bibliographical references. Subjects: Ethnology--Timor-Leste. Timor-Leste--Social life and customs--21st century. Timor-Leste--Social conditions--21st century. Timor-Leste--Rural conditions--21st century. Other Authors/Contributors: McWilliam, Andrew. Traube, Elizabeth G. Dewey Number: 301.295986 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU E Press Cover image: ‘Uma Lulik Borolaisoba, Watulari, Viqueque’ by Josh Trindade. Printed by Griffin Press This edition © 2011 ANU E Press Contents Contributors . .vii Map . x 1 . Land and Life in Timor-Leste: Introduction . 1 Andrew McWilliam and Elizabeth G. Traube 2 . Origins, Precedence and Social Order in the Domain of Ina Ama Beli Darlari . 23 Susana Barnes 3 . Opening and Closing the Land: Land and power in the Idaté highlands . 47 Judith Bovensiepen 4 . Fataluku Living Landscapes . 61 Andrew McWilliam 5. Darlau: Origins and their significance for Atsabe Kemak identity .
    [Show full text]
  • The United Nations in East Timor
    Midwifing a New State: The United Nations in East Timor Markus Benzing* I. “A Laboratory for ‘Nation-Building’?” II. Decolonisation, Interrupted: The Historical Background III. From UNAMET to INTERFET: The Referendum on Independence IV. From INTERFET to UNTAET V. The United Nations’ Kingdom of East Timor? Transitional Administra- tion under UNTAET 1. Preparations Leading up to UNTAET 2. The Legality of Security Council Resolution 1272 (1999) 3. Powers of UNTAET and Limits thereto under International Law a. The Status of East Timor from the Establishment of UNTAET to Independence b. The Powers Vested in UNTAET c. Restrictions on UNTAET’s Powers aa. UNTAET’s Mandate bb. Human Rights cc. Analogy to the Trusteeship System dd. Humanitarian Law: The Law of Occupation ee. The Right to Self-Determination ff. The Right to Democratic Governance 4. Accountability: The Control of UNTAET’s Powers a. Internal Control Mechanisms b. External Control Mechanisms c. Evaluation * The author wishes to thank Dr. Monika Schlicher for valuable comments on an earlier draft. A. von Bogdandy and R. Wolfrum, (eds.), Max Planck Yearbook of United Nations Law, Volume 9, 2005, p. 295-372. © 2005 Koninklijke Brill N.V. Printed in The Netherlands. 296 Max Planck UNYB 9 (2005) 5. A Modern Form of Colonialism? The Question of Local Participation a. Phase 1: The National Consultative Council b. Phase 2: The First Transitional Government: The National Coun- cil and the Cabinet c. Phase 3: The Second Transitional Government d. Evaluation: The “Interventionist” and “Optimist” Approaches 6. Administration of Justice and Judicial Post-Conflict Management a. Reconstruction in the Justice Sector: Starting from a Tabula Rasa aa.
    [Show full text]
  • PROSECUTING ATROCITIES at the DISTRICT COURT of DILI Prosecuting Atrocities at the District Court of Dili SUZANNAH LINTON*
    PROSECUTING ATROCITIES AT THE DISTRICT COURT OF DILI Prosecuting Atrocities at the District Court of Dili SUZANNAH LINTON* [A special regime for the prosecution of atrocities has been set up by the United Nations in East Timor. A panel of judges of the District Court of Dili, known as the Special Panel, is currently trying those accused of committing offences such as crimes against humanity, torture and violations of the Indonesian Penal Code. This paper examines the early jurisprudence that is emerging from the decisions of the Special Panel and East Timor’s Court of Appeal in these cases. Public and international expectation was that they would be tried as international crimes, but the vast majority have controversially been pursued as violations of domestic law. This article therefore focuses on the issue of whether these cases would have been more appropriately pursued as violations of international humanitarian or international criminal law, most notably as war crimes or crimes against humanity.] CONTENTS I Introduction II Overview of the Serious Crimes Process III The First Two Judgments of the Special Panel A General Prosecutor v Joao Fernandes B General Prosecutor v Julio Fernandes IV Selected Judgments of the Court of Appeal of East Timor A Detentions B Appeal by Joao Fernandes against the Judgment of the Special Panel of the District Court of Dili C Appeal by Julio Fernandes against the Judgment of the Special Panel of the District Court of Dili V Remarks A East Timor and International Humanitarian Law 1 Characterising the Situation
    [Show full text]