Views of the Future of the Field of International Justice: a Scenarios Project Based on Expert Consultations

Total Page:16

File Type:pdf, Size:1020Kb

Views of the Future of the Field of International Justice: a Scenarios Project Based on Expert Consultations American University International Law Review Volume 33 Issue 4 Article 5 2018 Views of the Future of the Field of International Justice: A Scenarios Project Based on Expert Consultations Jennifer Trahan New York University, [email protected] Follow this and additional works at: https://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Trahan, Jennifer (2018) "Views of the Future of the Field of International Justice: A Scenarios Project Based on Expert Consultations," American University International Law Review: Vol. 33 : Iss. 4 , Article 5. Available at: https://digitalcommons.wcl.american.edu/auilr/vol33/iss4/5 This Article 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 American University International Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. VIEWS OF THE FUTURE OF THE FIELD OF INTERNATIONAL JUSTICE: A SCENARIOS PROJECT BASED ON EXPERT CONSULTATIONS JENNIFER TRAHAN* OVERVIEW OF POTENTIAL SCENARIOS OF THE FIELD IN TWENTY YEARS...............................................................843 METHODOLOGY ..........................................................................845 I. SCENARIO #1: THE INTERNATIONAL CRIMINAL COURT AS THE DOMINANT INSTITUTION OF THE FUTURE....................................................................................848 A. SUMMARY OF FINDINGS FOR SCENARIO #1............................849 B. DETAILS OF FINDINGS FOR SCENARIO #1 ...............................850 1. Proponents of Scenario #1 and Rationales .....................850 a) Designed as the Permanent Institution for Atrocity Crimes Prosecutions ................................................850 b) Reluctance of States to Fund Further Ad Hoc Tribunals..................................................................851 c) Inefficiency of Creating Multiple New Tribunals.....852 d) Fragmentation of the Law Through Multiple Tribunals..................................................................852 e) Combining Scenarios #1 and #3................................853 2. Challenges to Making Scenario #1 Effective ..................854 a) Increasing Effectiveness and Efficiency (Responding to Cost Criticisms)..............................855 b) Expanding Institutional Capacity..............................858 c) Increasing State Cooperation.....................................859 d) UN Security Council Follow-Up and Funding .........861 e) Increasing Ratifications/Universality ........................864 f) Adding Crimes to the ICC’s Subject-Matter Jurisdiction...............................................................869 g) Serving as a Model of “Best Practices” ....................870 3. Skeptics of Scenario #1 ...................................................870 a) Capacity.....................................................................871 837 838 AM. U. INT’L L. REV. [33:4 b) Cost of the ICC..........................................................872 c) Inability to Prosecute Large Numbers of Individuals from Any One Situation/ Crimes as Vast as Those Occurring in Syria............................873 d) World Powers Remaining Outside the Rome Statute System .........................................................875 e) “Push-Back”/Non-Cooperation .................................876 f) Implosion of the ICC (Or the Field of International Justice).....................................................................881 II. SCENARIO #2: ADDITIONAL TRIBUNALS AS THE DOMINANT APPROACH OF THE FUTURE........................881 A. SUMMARY OF FINDINGS FOR SCENARIO #2............................882 1. Proponents of Scenario 2 and Rationales .......................884 a) Efficiency of Hybrid Tribunals .................................885 b) Successful Outreach of Hybrid Tribunals .................886 c) Contributions to Capacity-Building and Local Ownership................................................................887 d) Too Many Atrocity Crimes Not to Have Additional Hybrid Tribunals ...................................888 e) Hybrids Better at Resisting Political Pressure than Purely Domestic Institutions, Adding Neutrality and Objectivity ........................................................889 f) Demonstrating Rule of Law at Work.........................890 2. What Form of Hybrid Tribunal is the Model for the Future?...........................................................................890 a) Freestanding Hybrid Model.......................................891 b) Hybrid Chamber Within an Existing Court System..892 c) Hybrid Converting to a National War Crimes Chamber...................................................................893 d) Each Situation is Context-Specific so Selection of One Model is Inappropriate.....................................894 e) Funding not Through Voluntary Contributions.........895 3. Skeptics of Scenario 2 .....................................................896 a) Cost of Hybrid Tribunals and Rebuttal of Criticism ..................................................................897 b) Difficulties of Local Ownership in Terms of Preserving Independence and Impartiality ..............901 c) Victim Dissatisfaction at High Costs, Slow Speed, and Limited Number Prosecuted .............................902 4. Can a Case Be Made for Future Regional Criminal Chambers? .....................................................................903 5. Can a Case Be Made for Future Ad Hoc Tribunals?.......904 III. SCENARIO #3: COMPLEMENTARITY/DOMESTIC 2018] FUTURE OF THE FIELD OF INTERNATIONAL JUSTICE 839 PROSECUTIONS AS THE DOMINANT APPROACH OF THE FUTURE...........................................................................907 A. SUMMARY OF FINDINGS FOR SCENARIO #3............................908 B. DETAILED FINDINGS FOR SCENARIO #3..................................910 1. Proponents of Scenario #3 and Rationales .....................910 2. Skeptics of Scenario #3 ...................................................913 a) Difficulties of Fairly Prosecuting High-Level Perpetrators Through National Courts.....................914 b) Difficulty Prosecuting One’s Own Atrocity Crimes......................................................................916 c) Differentiating Lack of Capacity from Lack of Will..........................................................................917 d) Significant Work Needed to Build Complementarity/Domestic Capacity......................917 3. Does Complementarity/Domestic Capacity-Building Need to be Centrally Coordinated? ...............................918 a) Current Approach ......................................................918 b) Whether to Centrally Coordinate Complementarity/Capacity-Building.......................922 c) What Body, if Any, Should Centrally Coordinate Complementarity/Capacity-Building.......................925 IV. ADDITIONAL SCENARIOS..................................................926 V. COMBINING SCENARIOS.....................................................929 CONCLUSION ...............................................................................934 APPENDIX A..................................................................................936 APPENDIX B..................................................................................939 SIGNIFICANCE.............................................................................939 TIMELINESS/COMPELLING RATIONALE AND UNIQUE HISTORICAL MOMENT ..........................................................939 SOURCES OF INFORMATION & DATA ..........................................940 The field of international justice has evolved dramatically over the last two and a half decades. After an initial start with prosecutions before the International Military Tribunals at Nuremberg and the International Military Tribunal for the Far East held in Tokyo, the field languished until the early 1990s when it resurfaced with the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY)1 and the International Criminal Tribunal for * Associate Clinical Professor, The Center for Global Affairs, NYU-SPS. Erin 840 AM. U. INT’L L. REV. [33:4 Rwanda (ICTR). Thereafter, a number of “hybrid” tribunals were created including: The Special Court for Sierra Leone (SCSL); a hybrid State Court in Bosnia-Herzegovina; the Extraordinary Chambers in the Courts of Cambodia (ECCC) as well as hybrid chambers in Kosovo, East Timor, Senegal, and the Special Tribunal for Lebanon (STL).2 Most of these tribunals have concluded or are finishing their work prosecuting primarily high- and/or mid-level perpetrators of crimes committed in their respective situation countries.3 Meanwhile, the Rome Statute created a permanent International Criminal Court (ICC)4 to prosecute atrocity crimes. It currently has 123 States Parties5 with some prosecutions completed and others in progress and numerous situations at both the Preliminary Examination and Investigation phases.6 Furthermore, increasingly, there are also domestic courts tackling war crimes Lovall provided research assistance and Amber Lewis filmed the interviews of most expert participants. See infra Appendix A. The following Center for Global Affairs students/graduates transcribed audio/visual recordings of interviews: Taylor Ackerman, Genesis
Recommended publications
  • Media Coverage of the Special Court for Sierra Leone Jessica Feinstein Stanford University Law School
    Loyola University Chicago International Law Review Volume 7 Article 3 Issue 2 Spring/Summer 2010 2010 The yH brid's Handmaiden: Media Coverage of the Special Court for Sierra Leone Jessica Feinstein Stanford University Law School Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Jessica Feinstein The Hybrid's Handmaiden: Media Coverage of the Special Court for Sierra Leone, 7 Loy. U. Chi. Int'l L. Rev. 131 (2010). Available at: http://lawecommons.luc.edu/lucilr/vol7/iss2/3 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE HYBRID'S HANDMAIDEN: MEDIA COVERAGE OF THE SPECIAL COURT FOR SIERRA LEONE Jessica Feinsteint I. The Media as 'Surrogates for the Public' ...................... 134 A . Publicity .................................................. 134 B . W atchdog ................................................. 136 II. Local Media Coverage of Preceding International Criminal T rials ......................................................... 136 A . N urem berg ................................................ 137 B. Second Generation Tribunals .............................. 138 C . IC T R ..................................................... 139 III. The M edia in Sierra Leone .................................... 140 A . History ..................................................
    [Show full text]
  • Her Honour Judge Joanna Korner, UK Candidate for the International
    Her Honour Judge Joanna Korner UK Candidate for the International Criminal Court Judicial Elections ` 2 Foreword by Foreign Secretary Dominic Raab I commend the candidature of with colleagues from both civil and common law jurisdictions, is highly relevant to the Judge Joanna Korner CMG QC work of the ICC. for election as a judge of the Judge Korner also has over 25 years of International Criminal Court (ICC). judicial experience. She routinely tries the most serious and complex criminal cases Judge Korner has been selected to be in domestic courts, including cases of fraud the United Kingdom candidate following a and murder. competitive, open and merit-based process and she seeks to fill the vacancy left open by Her prosecutorial and judicial experience the completion of the term of Judge Howard have made her a leader in international Morrison QC at the Court. criminal law. She was instructed by the Organization for Security and Co-Operation Judge Korner is exceptionally well qualified in Europe to conduct an assessment of to sit as a judge of the ICC, having extensive the processing of war crimes in Bosnia judicial experience and expertise in the field & Herzegovina. She assisted with the of international criminal justice. As a Senior establishment of the War Crimes section Prosecuting Trial Attorney at the International of the Prosecutor’s Office in Bosnia & Criminal Tribunal for the former Yugoslavia Herzegovina. (ICTY) for eight years, Judge Korner acted as lead prosecutor in the trials of political and military leaders accused of the gravest international crimes, including in the trial of Mico Stanišic and Stojan Župljanin.
    [Show full text]
  • Criminal Justice and Forced Displacement in the Former Yugoslavia
    Case Studies on Transitional Justice and Displacement Criminal Justice and Forced Displacement in the Former Yugoslavia Joanna Korner July 2012 ICTJ/Brookings | Criminal Justice and Forced Displacement in the Former Yugoslavia Transitional Justice and Displacement Project From 2010-2012, the International Center for Transitional Justice (ICTJ) and the Brookings-LSE Project on Internal Displacement collaborated on a research project to examine the relationship between transitional justice and displacement. The project examined the capacity of transitional justice measures to respond to the issue of displacement, to engage the justice claims of displaced persons, and to contribute to durable solutions. It also analyzed the links between transitional justice and other policy interventions, including those of humanitarian, development, and peacebuilding actors. Please see: www.ictj.org/our-work/research/transitional-justice-and-displacement and www.brookings.edu/idp. About the Author Joanna Korner is a practicing attorney with extensive experience in international criminal law. While serving in the Office of the Prosecutor at the ICTY from 1999–2004, she was the lead prosecutor in the cases of Prosecutor v. Radoslav Brdjanin & Momir Talic and Prosecutor v. Milomir Stakic. Subsequently, she was instructed as Counsel in the case of Bosnia and Herzegovina v. Serbia before the ICJ, and consulted on the establishment of the War Crimes Office as a Senior Legal Advisor to the Chief Prosecutor of Bosnia and Herzegovina. Since 2009, she has again been employed at the ICTY as a Senior Prosecuting Trial Attorney, engaged in the trial of Prosecutor v. Mico Stanisic & Stojan Zupljanin. An English Barrister, she was appointed Queens Counsel in 1993, and, in recognition of her services to international criminal law, a Companion of the Order of St.
    [Show full text]
  • Boekdeel I.Indb
    TABLE OF CONTENTS VOLUME 1 ACKNOWLEDGMENTS . ix ABOUT THE EDITOR . xi INTRODUCTION M. Cherif Bassiouni . xiii CONTRIBUTORS TO THE PROJECT . xxi CO-SPONSORS AND COOPERATING ORGANIZATIONS . xxv PART I. OVERVIEW 1. ASSESSING CONFLICT OUTCOMES: ACCOUNTABILITY AND IMPUNITY M. Cherif Bassiouni . 3 2. INTERNATIONAL GUIDELINES ON POST-CONFLICT JUSTICE: THE CHICAGO PRINCIPLES . 41 3. CONFLICT VICTIMIZATION AND POST-CONFLICT JUSTICE 1945–2008 Christopher Mullins . 67 4. SUMMARY OF REGIONAL AND THEMATIC STUDIES Eric Wiebelhaus-Brahm . 109 5. STATEMENTS OF THE PRESIDENTS OF THE ICJ AND OF THE INTERNATIONAL CRIMINAL TRIBUNALS Host Country, Kingdom of the Netherlands H.E. Ernst Hirsch Ballin, Minister of Justice . 133 Intersentia v Table of Contents Th e International Court of Justice H.E. Judge Hisashi Owada, President . 137 Th e International Criminal Court H.E. Judge Sang-hyun Song, President . 142 Th e International Criminal Tribunal for the former Yugoslavia H.E. Judge O-Gon Kwon, Vice-President . 144 Th e International Criminal Tribunal for Rwanda H.E. Judge Charles Michael Dennis Byron, President . 146 H.E. Hassan Jallow, Prosecutor . 149 Th e Special Court for Sierra Leone H.E. Judge Renate Winter, President . 155 H.E. Stephen Rapp, Prosecutor . 161 Th e Special Tribunal for Lebanon H.E. Judge Antonio Cassese, President . 163 Th e Extraordinary Chambers in the Courts of Cambodia H.E. Judge Nihal Jayasinghe . 167 H.E. Robert Petit, Prosecutor . 169 PART II. THEMATIC STUDIES 1. JUSTICE VERSUS REVENGE: THE PHILOSOPHICAL UNDERPINNINGS OF THE CHICAGO PRINCIPLES ON POST-CONFLICT JUSTICE Anja Matwijkiw . 173 2. POLITICAL PHILOSOPHY AND GLOBAL PRINCIPLES OF JUSTICE Simon Caney .
    [Show full text]
  • Human Rights & Democracy: the 2019 Foreign & Commonwealth
    Human Rights & Democracy The 2019 Foreign & Commonwealth Cp 273 Office Report Human Rights & Democracy The 2019 Foreign & Commonwealth Office Report Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty July 2020 Cp 273 Human Rights and Democracy: The 2019 Foreign & Commonwealth Office Report © Crown copyright 2020 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official-documents. Any enquiries regarding this publication should be sent to us at Communications Team, WH1.165, Multilateral Policy Directorate, Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH ISBN 978-1-5286-2051-2 CCS0320406130 07/20 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Designed in-house by the FCO Communication Directorate Cover images: A photojournalist documenting war and conflict, and a male photojournalist in a war zone. (iStock) Human Rights and Democracy: The 2019 Foreign & Commonwealth Office Report Contents Preface by the Foreign Secretary Dominic Raab ........................................................................ iv Foreword by Minister of State for Human Rights, Lord (Tariq) Ahmad of Wimbledon, the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict .............................. v CHAPTER 1: Human Rights and Democracy Priority Themes .....................................................
    [Show full text]
  • American Leadership on Atrocity Crimes and the Fight for Justice Ambassador (Ret.) Nicholas Burns Carnegie Endowment for Interna
    American Leadership on Atrocity Crimes and the Fight for Justice Ambassador (ret.) Nicholas Burns Carnegie Endowment for International Peace Conference January 25, 2018 This is an important conference on a vital American interest—standing up for human rights and prosecuting those responsible for atrocity crimes. I thank the Carnegie Endowment for bringing us together this morning. This conference on this vital subject fits right in the center of the Endowment’s long commitment to a more just world. It is particularly gratifying for me to be here with so many distinguished American diplomats with whom I served during the last two decades in both Democratic and Republican Administrations. We all owe a debt of gratitude to the Ambassadors at Large for War Crimes Issues David Scheffer, Pierre Prosper, Clint Williamson and Stephen Rapp. We are in debt to Ambassador Todd Buchwald, to Ambassador John Shattuck, to former State Department Legal Advisor John Bellinger and others here today who held high the American commitment to human rights, to helping the victims of genocide, mass atrocities, torture and abuse. We salute President Clinton and Secretary Madeleine Albright for creating the Ambassadorial position in the first place. David Scheffer reminded me that we are the only country that has such a position. The United States has been the central country worldwide that has kept these issues at the center of the attention of the international community. Presidents Bill Clinton, George W. Bush, and Barack Obama all made a clear commitment that we would pursue justice on behalf of the victims. They appointed the public servants I have just saluted.
    [Show full text]
  • United Nations
    UNITED NATIONS International Tribunal for the Case No. IT-99-36-T Prosecution of Persons Responsible for Serious Violations of Date: 1 September 2004 International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 Original: English IN THE TRIAL CHAMBER II Before: Judge Carmel Agius, Presiding Judge Ivana Janu Judge Chikako Taya Registrar: Mr. Hans Holthuis Judgement of: 1 September 2004 PROSECUTOR v. RADOSLAV BR\ANIN JUDGEMENT The Office of the Prosecutor: Ms. Joanna Korner Ms. Anna Richterova Ms. Ann Sutherland Mr. Julian Nicholls Counsel for the Accused: Mr. John Ackerman Mr. David Cunningham Case No.: IT-99-36-T 1 September 2004 CONTENTS I. SUMMARY OF THE CHARGES............................................................................................ 1 II. GENERAL CONSIDERATIONS REGARDING THE EVALUATION OF EVIDENCE... 8 III. PRELIMINARY ISSUES RAISED BY THE DEFENCE................................................... 16 A. UNINTENTIONAL BIAS AGAINST SERBS .................................................................................. 16 B. THE NEED TO VIEW EVENTS FROM A HISTORICAL AND CULTURAL PERSPECTIVE........................ 18 C. CHALLENGE TO THE INDICTMENT........................................................................................... 19 IV. GENERAL OVERVIEW ..................................................................................................... 24 A. BACKGROUND TO THE ARMED CONFLICT IN BOSNIA AND HERZEGOVINA................................. 24 B. THE POLITICAL AGENDA OF THE
    [Show full text]
  • Canadian Lawyer Shortlisted for International Court's Top Job October 26, 2011
    Canadian lawyer shortlisted for international court's top job October 26, 2011 Robert Petit, the Canadian Justice Department's top specialist on war crimes, has been shortlisted as one of four candidates to replace Luis Moreno-Ocampo as chief prosecutor of the International Criminal Court — the top war-crimes tribunal. During his 22-year career, Petit has specialized in international criminal law and criminal prosecution. He has worked for the past decade at the Justice Canada in the crimes against humanity and war crimes section. There, he provides legal advice to RCMP and police teams investigating persons currently in Canada, suspected of having committed violations of international humanitarian law and international criminal law in various countries. From 1996 to 1999, he worked for the UN's International Criminal Tribunal for Rwanda, supervising investigations, indictments and prosecutions of numerous perpetrators of crimes committed during the Rwandan genocide. Petit has held various positions at the UN, prosecuting cases from Kosovo to Sierra Leone, Cambodia and East Timor, according to his LinkedIn online biography. He received his law degree from the Universite de Montreal. He is one of four candidates for the international court's top job — and not necessarily the most likely to receive it. The list also includes Fatou Bensouda, a Gambian and current deputy prosecutor at the court, who is considered one of the favourites for the post, according to diplomats. It also includes Mohamed Chande Othman, chief justice of Tanzania, and Britains' Andrew Cayley, co-prosecutor in the Cambodian special court handling Khmer Rouge trials. The list was released this week by the Assembly of States Parties which oversees the international court.
    [Show full text]
  • Foreword: the International Law Legacy of the Obama Administration, 48 Case W
    Case Western Reserve Journal of International Law Volume 48 | Issue 1 2016 Foreword: The nI ternational Law Legacy of the Obama Administration Michael P. Scharf Julia Liston Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael P. Scharf and Julia Liston, Foreword: The International Law Legacy of the Obama Administration, 48 Case W. Res. J. Int'l L. 1 (2016) Available at: https://scholarlycommons.law.case.edu/jil/vol48/iss1/1 This Foreword is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law 48 (2016) Foreword: The International Law Legacy of the Obama Administration Michael P. Scharf1 Julia Liston2 I. When President Obama entered the White House in 2009, many believed he would make a commitment to the rule of law a centerpiece of his foreign policy agenda. As his presidency was drawing to a close, the Cox Center’s September 18, 2015, symposium – “New Beginnings, Resets & Pivots: The International Legal Practice of the Obama Administration” -- examined to what extent the Obama Administration complied with, challenged, or sought to refashion international law. As the attention of the American public turns to issues of foreign policy during the 2016 presidential campaign, the theme of the conference -- the international law legacy of the Obama Administration -- could not be more timely or relevant.
    [Show full text]
  • International Court of Justice
    INTERNATIONAL COURT OF JUSTICE YEAR 2007 2007 26 February General List No. 91 26 February 2007 CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (BOSNIA AND HERZEGOVINA v. SERBIA AND MONTENEGRO) JUDGMENT Present: President HIGGINS; Vice-President AL-KHASAWNEH; Judges RANJEVA, SHI, KOROMA, OWADA, SIMMA, TOMKA, ABRAHAM, KEITH, SEPÚLVEDA-AMOR, BENNOUNA, SKOTNIKOV; Judges ad hoc MAHIOU, KREĆA; Registrar COUVREUR. In the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide, between Bosnia and Herzegovina, represented by Mr. Sakib Softić, as Agent; Mr. Phon van den Biesen, Attorney at Law, Amsterdam, as Deputy Agent; - 2 - Mr. Alain Pellet, Professor at the University of Paris X-Nanterre, Member and former Chairman of the United Nations International Law Commission, Mr. Thomas M. Franck, Professor Emeritus of Law, New York University School of Law, Ms Brigitte Stern, Professor at the University of Paris I, Mr. Luigi Condorelli, Professor at the Faculty of Law of the University of Florence, Ms Magda Karagiannakis, B.Ec., LL.B., LL.M., Barrister at Law, Melbourne, Australia, Ms Joanna Korner Q.C., Barrister at Law, London, Ms Laura Dauban, LL.B. (Hons), Mr. Antoine Ollivier, Temporary Lecturer and Research Assistant, University of Paris X-Nanterre, as Counsel and Advocates; Mr. Morten Torkildsen, BSc., MSc., Torkildsen Granskin og Rådgivning, Norway, as Expert Counsel and Advocate; H.E. Mr. Fuad Šabeta, Ambassador of Bosnia and Herzegovina to the Kingdom of the Netherlands, Mr. Wim Muller, LL.M., M.A., Mr. Mauro Barelli, LL.M.
    [Show full text]
  • Updates from the International Criminal Courts Elizabeth J
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Commons @ American University Washington College of Law Human Rights Brief Volume 14 | Issue 1 Article 8 2006 Updates from the International Criminal Courts Elizabeth J. Rushing American University Washington College of Law Nick Leddy American University Washington College of Law Anne Heindel American University Washington College of Law Angela Edman American University Washington College of Law Bjorn Sorenson American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Rushing, Elizabeth J., Nick Leddy, Anne Heindel, Angela Edman, and Bjorn Sorenson. "Updates from the International Criminal Courts." Human Rights Brief 14, no. 1 (2006): 38-43. 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]. Rushing et al.: Updates from the International Criminal Courts UPDATES FROM THE INTERNATIONAL CRIMINAL COURTS International Criminal Tribunal The month of July brought with it two new of Ecole Sous-Officiers (ESO), a military acad- for the Former Yugoslavia trials for the ICTY. In Popovic, et al., seven sen- emy in Butare, southern Rwanda. Soldiers On September 27, 2006, tribunal judges ior Bosnian Serb military and police officers under Muvunyi’s command attacked between at the International Criminal Tribunal for the will face charges of genocide and various crimes 800 and 5,000 Tutsi refugees in the Mukura Former Yugoslavia (ICTY) sentenced against humanity for acts committed in Forest in April 1994.
    [Show full text]
  • November 2009 Update
    Recent Developments at the Extraordinary Chambers in the Courts of Cambodia November 2009 Update Recent Developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) is a regular report issued by the Open Society Justice Initiative examining progress, priorities, and challenges at the ECCC. Other Justice Initiative reports and publications on the ECCC can be found at http://www.justiceinitiative.org/activities/ij/krt. Copyright © 2009 by the Open Society Institute. All rights reserved. 1 Executive Summary The Extraordinary Chambers in the Courts of Cambodia (ECCC) has achieved considerable progress, including recently completing the evidence phase of its first trial. This accomplishment is marred, however, by the little progress the court and its stakeholders have made in addressing fundamental concerns about corruption allegations and political interference at the ECCC. During the period covered by this report (September-November 2009), no substantial action was taken to develop or implement the anticorruption mechanism that was outlined in an August 2009 agreement between the United Nations (UN) and the government of Cambodia. Concerns about political interference in the court’s work have been heightened by several recent events, including: the refusal of the Cambodian investigating judge to participate in summoning for questioning witnesses who hold a high rank in the Cambodian government, statements by key government officials that it was not necessary for the officials to comply with the summonses, and indications that the government will not allow the court to pursue the investigation of five additional suspects. Further, although the UN submitted names of nominees for a new international prosecutor—to be appointed before the departing international prosecutor left that post on September 1, 2009—the government of Cambodia has failed to make the appointment.
    [Show full text]