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Updates from the International and Internationalized Criminal Courts Shaleen Brunsdale American University Washington College of Law

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Updates from the International and Internationalized Criminal Courts Shaleen Brunsdale American University Washington College of Law Human Rights Brief Volume 16 | Issue 2 Article 7 2009 Updates from the International and Internationalized Criminal Courts Shaleen Brunsdale American University Washington College of Law Kara Karlson American University Washington College of Law Jennifer Goldsmith American University Washington College of Law Laura Jarvis American University Washington College of Law Megan Chapman American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Criminal Law Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Brunsdale, Shaleen, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, and Megan Chapman." Updates from the International and Internationalized Criminal Courts." Human Rights Brief 16, no.2 (2009): 40-44. This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Brunsdale et al.: Updates from the International and Internationalized Criminal Cou UPDATES FROM INTERNATIONAL AND INTERNATIONALIZED CRIMINAL COURTS & TRIBUNALS INTERNATIONA L CRI M INA L commander Radislav Krstic´. He related them victimized only because of their TRIBUNA L FOR THE his experience of being captured by the ethnicity. This ICTY initiative will serve FOR M ER YUGOS L AVIA Bosnian Serb army, the Vojska Repub- as a useful tool for understanding and lika Srpska (VRS), while he was hiding appreciating the atrocities which occurred A New Face in a forest during an attempted escape in the former Yugoslavia and support the from Srebrenica. He had been seized efforts by the international community to In December 2008, the International and lined up in a meadow along with secure justice for the people who were Criminal Tribunal for the former Yugo- dozens of men. The men were shot and most affected. slavia (ICTY) launched a new website killed, but the boy managed to survive, giving itself a fresh, new face. The new escape, and tell his story. The Tribunal Future of the Tribunal layout, design and innovative additional convicted Radislav Krstic´ and sentenced content helps the ICTY achieve judicial him to 35 years’ imprisonment. Another The ICTY is working towards the com- transparency and accountability and pro- victim, Grozdana Ce´ ´cez, a 43-year-old pletion of its mandate and has devised a vides insight into challenges and achieve- Bosnian Serb woman, testified in the case plan to complete its mission successfully, ments. The new website pays tribute to against Zdravko Mucic´, Hazim Delic´, in a timely manner, and in coordination the contributions the Tribunal has made Esad Landžo, and Zejnil Delalic´, com- with domestic legal systems in the for- to international humanitarian law and manders and deputy commanders in the mer Yugoslavia. The Tribunal’s current human rights issues. The Tribunal hopes C ˇelebic ´ i prison camp. She had been raped goal is to complete all proceedings by to use the website to educate the interna- by Hazim Delic´ and multiple other men in 2012. Of the 161 Accused indicted by tional community about the massacre at the camp. After the experience, she said the Tribunal, only five Accused remain Srebrenica, rapes committed by members that she was driven to commit suicide in the pretrial stage, twenty-six are in the of the Bosnian Serb armed forces, and the but was stopped by another detainee who course of trial and ten have appeals pend- persecution that occurred in the Omarska, had also been raped. The case of Hazim ing. With the arrest of Stojan Župljanin Keraterm and Trnopolje camps, amongst Delic´, who was sentenced to 18 years’ and Radovan Karadžic´ on June 11, 2008 other horrendous events which will now imprisonment, was a landmark case in and July 18, 2008 respectively, only two become part of an undeniable historical international law marking the first time accused, Ratko Mladic´ and Goran Hadžic´, record. The ICTY plans to use this new the court found rape as a form of torture. are still at large. All the other cases have and improved forum to spread the ideals been completed. of international justice not only by shar- Another witness, a Bosnian army pris- ing updates on the convictions and trials oner of war testified about being tortured The ICTY has bolstered its completion of some of the most notorious criminals, in the Široki Brijeg prison near Mostar, strategy by focusing on the most senior but also by sharing the tragic stories and in southern Bosnia and Herzegovina. He leaders suspected of crimes within its the courageous voices of hundreds of was repeatedly beaten and bloodied with jurisdiction and transferring cases against victims. boots, belts and fists. He talked about intermediate and lower-level perpetra- being interrogated while being attached to tors to competent national courts set up Voice of the Victims wires from an induction telephone pass- in Bosnia and Herzegovina, Serbia, and ing electricity from his fingers to his toes. Croatia. The impact of referrals on the The ICTY created the Voice of the He recalled that for food, the prisoners overall workload of the Tribunal has been Victims section on their website to honor received a quarter loaf of bread every two significant. Ten accused have been trans- the courage and bravery of those victims or three days and no water. The Tribunal ferred to the War Crimes Section of the who testified before the Tribunal, facing convicted Mladen Naletilic´ and Vinko State Court of Bosnia and Herzegovina; the people who caused them so much Martinovic´ of a number of crimes against two were transferred to the authorities suffering. It recognizes the importance Bosnian Muslims in the Mostar area and of Croatia; and one was transferred to of giving victims a chance to tell their sentenced them to 20 and 18 years impris- Serbia for trial before the domestic courts stories to bridge the gap between the onment, respectively. of these countries. The Tribunal has con- Tribunal, situated so far away in The tinued to stay involved and monitor the Hague, and the communities who have Amongst the many stories captured progress of these trials, however, ensuring the most interest in the information about on the ICTY website run common tragic full adherence with human rights norms its work. themes of pain and suffering. Numerous and due process standards. victims’ stories of what they saw and One of the victims includes a 17-year- experienced have been featured, includ- As the ICTY enters the final years old Muslim teenager who testified in ing stories from farmers, doctors, house- of its mandate, it continues to conduct a the case against Bosnian Serb Army wives, students and children, many of wide range of outreach activities includ- 40 Published by Digital Commons @ American University Washington College of Law, 2009 1 Human Rights Brief, Vol. 16, Iss. 2 [2009], Art. 7 ing the facilitation of trial coverage by Republika Srpska Army, is charged with INTERNATIONA L CRI M INA L local media, direct community outreach participating in the disappearances, rape, TRIBUNA L FOR RWANDA in the former Yugoslavia by officers on and murder of civilians from the town of the ground, and capacity-building efforts Rogatica, BiH, in 1992. A few days later, The Prosecutor v. Protais with national judicial institutes dealing Tomo Jurinovic´ was taken into custody as Zigiranyirazo, Case No. with war crimes. The focus of the Tribu- well to be held for one month. Jurinovic´, a ICTR-01-73-T nal is now on the mechanisms that will member of the Croatian Defense Council, be left in place to address residual issues along with others, is accused of having On December 18, 2008, Trial Chamber after the completion of the cases on the taken a family from their home in Novo III of the International Criminal Tribunal Tribunal’s docket. Some of the key issues Selo, and transported them to another for Rwanda (ICTR) convicted Protais being addressed include the location, pub- town. In the process, the family was Zigiranyirazo for genocide and extermi- lic access, security, and preservation of abused, and one family member was killed. nation as a crime against humanity and ICTY records. The Tribunal has also sentenced him to 20 years imprisonment. compiled their best practices, which will Dragic´ Gojkovic´, Rada Gojkovic´ et. al. The Chamber found that the Prosecution be published and disseminated by the pled not guilty to the offense of illicit traf- failed to establish that Zigiranyirazo was United Nations Interregional Crime and ficking in arms, military equipment, and criminally responsible for conspiracy to Justice Research Institute (UNICRI), their products of dual use. They are charged commit genocide, complicity in genocide partner in this endeavor. with abusing their authority and duty by and murder as a crime against humanity. facilitating the illegal sailing and import- As the Tribunal’s work winds down, ing of military ships into BiH through Protais Zigiranyirazo, also known as it remains committed to ensuring that the country’s harbors and ports. Momir “Mr. Z,” was born in 1938 in the prefec- its achievements endure. The capture of Pelemiš and Slavko Peric´, suspected of ture of Gisenyi, Rwanda. He served as the the two remaining fugitives, Mladic´ and committing genocide, pled not guilty. Prefect of Ruhengeri between 1974 and Hadžic´, are of utmost importance to the They are charged with permanently and 1989. Although he subsequently became ICTY and the United Nations Security forcibly transferring Bosniak civilians a businessman, he remained influential in Council. Serge Brammertz, chief prosecu- from a UN safe area in Srebenica in order politics by virtue of the fact that his sister, tor of the ICTY, confirmed that efforts to execute Bosniak men and boys.
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