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International Tribunals and Court Chapter II International tribunals and court In 2008 the international tribunals for the former completion strategy [YUN 2002, p. 1275] endorsed by Yugoslavia and Rwanda, as well as the International Council resolution 1503(2003) [YUN 2003, p. 1330]. Criminal Court (icc), worked towards the comple- Proceedings before the Tribunal focused on the most tion of their mandates. senior-level individuals accused of the most serious The International Tribunal for the Prosecution of crimes. The Office of the Prosecutor strengthened its Persons Responsible for Serious Violations of Inter- relations with prosecutors and courts in the region national Humanitarian Law Committed in the Ter- through training sessions, conferences and seminars. ritory of the Former Yugoslavia since 1991 (icty) took Meanwhile, the Registry continued negotiations for steps towards implementing its completion strategy, the relocation of witnesses and enforcement of sen- focusing on the most senior-level individuals accused tence agreements, concluding three new agreements. of the most serious crimes. Only five cases remained On 1 January, Serge Brammertz (Belgium) began his to be started, four of which involved late arrests. The four-year term as icty Prosecutor, replacing Carla Del Tribunal was running seven trials simultaneously in Ponte (Switzerland) [YUN 2007, p. 1339]. On 4 Novem- its three courtrooms, involving 27 accused. ber, Judge Patrick Robinson (Jamaica) was elected as The International Criminal Tribunal for the Prose- the new icty president, with effect from 17 November, cution of Persons Responsible for Genocide and Other when the term of office of Fausto Pocar (Italy) expired. Serious Violations of International Humanitarian Law During the year, the Security Council adopted Committed in the Territory of Rwanda and Rwandan three resolutions—1800(2008), 1837(2008) and Citizens Responsible for Genocide and Other Such 1849(2008)—on the appointment of judges and ex- Violations Committed in the Territory of Neighbour- tension of their terms (see pp. 1410, 1411 & 1412). ing States between 1 January and 31 December 1994 In December, acting on the recommendation of the (ictr) remained committed to meeting its completion Fifth (Administrative and Budgetary) Committee, strategy targets while respecting due process. By the the General Assembly adopted resolution 63/255 on end of the year, it had apprehended and detained 66 the financing of the Tribunal (see p. 1414). persons out of some 81 persons indicted, including the The icty President informed the Security Coun- Prime Minister of the Interim Government of Rwanda cil on 12 December [S/ PV.6041] that the Tribunal’s during the genocide, 11 Ministers of that Government achievements, to date, far surpassed those of any in 1994, senior military officials and members of the other international or hybrid court, both in respect of clergy. The Tribunal concluded all its multiple-accused the number of accused tried and in its contribution cases, with one exception, involving some 14 accused to the development of international criminal law. Of persons. No new arrests could be reported for the 13 the 161 persons indicted by the Tribunal, proceedings fugitives still at large as the end of the Tribunal’s man- had been fully concluded against 116 of them. date drew near. Only five cases remained to be started, four of which In July, during its fifth year of functioning, the involved late arrests—those of Zdravko Tolimir, icc marked the tenth anniversary of the adoption Vlastimir Đorđević, Stojan Župljanin and Radovan of the Rome Statute, which established the Court. Karadžić. The fifth case, that of Jovica Stanišić and It continued its proceedings with respect to situations Franko Simatović, had been delayed owing to the ill of concern in four countries. At the end of July, there health of one of the accused. The Tribunal was run- were seven warrants of arrest outstanding. ning seven trials simultaneously in its three court- rooms, with its eighth trial, that of Mr. Đorđević, scheduled to begin in January 2009. Those trials in- International Tribunal volved a total of 27 accused. The activities of icty were covered in two reports for the Former Yugoslavia to the Security Council and the General Assem- bly, for the periods 1 August 2007 to 31 July 2008 In 2008, the International Tribunal for the Former [A/63/210-S/2008/515] and 1 August 2008 to 31 July Yugoslavia (icty), established by Security Council 2009 [A/64/205-S/2009/394]. On 13 October, the As- resolution 827(1993) [YUN 1993, p. 440] and based sembly took note of the 2007/2008 report (decision in The Hague, took steps towards implementing its 63/506). 1406 Chapter II: International tribunals and court 1407 The Chambers of the three-member Presidency of the Republika Srp- ska from its creation on 12 May 1992 until 17 De- During the reporting period of 1 August 2007 to cember 1992, and thereafter sole President of Repub- 31 July 2008 [A/63/210], the Tribunal’s three Trial lika Srpska and Supreme Commander of its armed Chambers operated at full capacity, running eight tri- forces. The Serbian authorities announced his arrest als simultaneously. The Trial Chambers rendered 213 on 21 July 2008. decisions on pretrial matters in eight cases, heard one In the case against Ante Gotovina, Ivan Čermak case of contempt and rendered five judgements. The and Mladen Markač, who were charged with crimes Appeals Chamber issued 123 decisions comprising six against humanity and violations of the laws or cus- appeals from judgement, 32 interlocutory appeals, 79 toms of war allegedly committed in Croatia in 1995, pre-appeal decisions and 6 review, reconsideration or the trial commenced on 10 March 2008. The indict- other decisions. Icty had 30 judges from 27 coun- ment against Mr. Gotovina, a former high-ranking tries. The Chambers were composed of 14 permanent Croatian military official, was unsealed in 2001 [YUN judges; two permanent judges from the International 2001, p. 1199]. After evading arrest for almost four years, Criminal Tribunal for Rwanda serving in the Appeals Mr. Gotovina was arrested in 2005 in the Canary Is- Chamber; and 14 ad litem (short-term) judges. lands by the Spanish authorities and transferred to The Hague [YUN 2005, p. 1388]. He was charged with New arrests crimes against humanity and violations of the laws or customs of war, allegedly committed during and after On 11 June, Stojan Župljanin, charged with crimes a Croatian offensive in the Krajina region of Croatia against humanity and violations of the laws or cus- in 1995 [YUN 1995, p. 580]. On 14 July 2006 [YUN toms of war allegedly committed in Bosnia and Herze- 2006, p. 1489], the Trial Chamber decided to join two govina in 1992, was arrested by Serbian authorities. cases involving Mr. Gotovina and Messrs. Čermak He was transferred to The Hague on 21 June 2008. and Markač [YUN 2004, p. 1276] in one indictment The Office of the Prosecutor filed a motion for joinder and accepted proposed amendments to the indict- (consolidation) of the Župljanin case with the case of ment. The three were charged with persecutions, de- Mićo Stanišić, who was facing the same charges. portation, inhumane acts, plunder of public or private On 21 July, Radovan Karadžić, a fugitive for over a property, wanton destruction of cities, towns or vil- decade, was arrested by Serbian authorities and trans- lages, murder, and cruel treatment; all allegedly com- ferred to The Hague on 30 July. The Trial Chamber mitted against Serbs in 1995, during, and in the af- had previously established the existence of a joint termath of a Croatian military offensive. At that time, criminal enterprise, involving Mr. Karadžić and other Mr. Gotovina and Mr. Čermak were senior military Bosnian Serb leaders, intended to “ethnically rec- commanders on the ground, while Mr. Markač was ompose the territories targeted by the Bosnian-Serb the commander of the Croatian Special Police. On leadership by drastically reducing the proportion of 5 December 2006, the accused made further appear- Bosnian Muslims and Bosnian Croats through expul- ances to enter pleas to the new counts in the join- sion” [YUN 2006, p. 1489]. der (consolidated) indictment. All three pleaded not Serbia’s National Security Council, the Action guilty [YUN 2007, p. 1335]. Team in charge of tracking icty fugitives, and the The trial of Ramush Haradinaj, Idriz Balaj and Office of the War Crimes Prosecutor had a central role Lahi Brahimaj, who were charged with crimes against in the arrests. The failure to arrest the remaining two humanity and violations of the laws or customs of fugitives, Ratko Mladić and Goran Hadžić, remained war allegedly committed in Kosovo in 1998, began on a matter of concern to the Tribunal. 5 March 2008. Judgement was delivered on 3 April. Mr. Brahimaj was sentenced to six years of imprison- Ongoing cases and trials ment. The accused Haradinaj and Balaj were acquit- ted. Mr. Haradinaj and Mr. Brahimaj, who belonged Radovan Karadžić, former President of Repub- to the Kosovo Liberation Army, had surrendered to lika Srpska and Supreme Commander of its armed the Tribunal on 9 March 2005 [YUN 2005, p. 1388]. forces, was charged under 11 counts with genocide, Mr. Balaj, who was serving a sentence pursuant to a crimes against humanity, and violations of the laws conviction in 2002, had been transferred to the Tri- or customs of war allegedly committed in Bosnia and bunal on the same day [YUN 2007, p. 1335]. Herzegovina between 1992 and 1995. Following his The trial of Rasim Delić, who was charged with arrest and transfer to the Tribunal on 30 July 2008, violations of the laws or customs of war allegedly com- pleas of not guilty were entered on his behalf to all mitted in Bosnia and Herzegovina between July 1993 charges.
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