See the attached conference poster for details of this upcoming conference for practitioners who want to learn more about working in the field of international criminal law. The conference will take place on 2 October at the Chamber of Anthony Berry QC, 9 Bedford Row, London.
Anyone wishing to attend should contact Julian Bradley at 9 Bedford Row, <julian.bradley@9bedfordrow.co.uk>, to register for a place.
Monitor – Khmer Rouge Trials - Based in Phnom Penh, Cambodia
Project Description
Open Society Justice Initiative (“Justice Initiative”) has undertaken capacity building, training, advocacy, monitoring, and outreach, and other work in relation to the Extraordinary Chambers for the period of Democratic Kampuchea process since 2005.
Police, prosecutorial and judicial abuses in Cambodia have periodically drawn strong expressions of concern from the international community in the context of efforts to strengthen the rule of law in the country. Nonetheless, the main focus of international attention in recent years has become the Extraordinary Chambers of the Courts in Cambodia (ECCC) to prosecute Khmer Rouge (KR) leaders for massive crimes committed under their rule from 1975 to 1979. Following a 2003 agreement between the United Nations and the Royal Government of Cambodia, a trial process for senior leaders and those most responsible for the crimes of the Khmer Rouge era has been established.
The atrocities that were committed in Cambodia during the period of Democratic Kampuchea represent one of the great unredressed crimes of the 20th century, and a source of ongoing trauma to Cambodian people and society. The ECCC was established in the courts of Cambodia to try those most responsible for those crimes represent a crucial element in the process of providing redress and assisting Cambodia in addressing the legacy of these crimes. At the same time, the Cambodian government and the officials of the ECCC are undertaking this enormously important task with few resources and in a short time frame, even as the ECCC presents itself as but one part of the larger problem of justice and accountability in Cambodia. These factors make coordination, monitoring, and high-quality input at every stage important.
To this end, the Justice Initiative, is engaged in work to strengthen the ECCC and to increase its potential for contributing productively to the longer-term aim sought by Cambodians, namely, the development of a culture of accountability and the rule of law in their country. We have been the sole full time monitor of the ECCC and court officials, donors, and the NGO community have indicated that our monitoring role is indispensable to ensuring the integrity of the trial process.
Project Background
Since 2003, the Open Society Justice Initiative has been present on the ground in Cambodia to monitor developments, raise local and international awareness about the court, and provide technical assistance in the lead-up to the court’s opening. After long delays and troubled negotiations, the court, imperfect as it is, officially began operations in July 2006. Five individuals were subsequently arrested, the first trial was completed in November 2009, and the Judgment and Sentence handed down on July 26, 2010. Approximately thirty thousand people traveled to the court to witness some part of the proceedings, and countless more have tuned into radio and TV feeds. There is clearly a great interest among many Cambodians in the work of the ECCC.
This impressive progress, however, is set against a backdrop of deep administrative and operational problems. In 2007, the Justice Initiative brought to light serious allegations of corruption at the court. It has been a vocal advocate for much needed changes, including protections for whistleblowers. The court also suffers from a lack of credibility because of evidence of political interference in decisions about who will be prosecuted. Outreach efforts to the Cambodian people, while improving, have been lacking. Limited transparency about the work of the court is a problem. Journalists wanting to report on the court’s work have had difficulty getting information from the court or accessing what they need to cover its proceedings. The court continues to search for additional funds from the international community to finish its work, which is expected to last several more years.
By monitoring and performing advocacy around these and related issues, the Justice Initiative hopes to contribute to the success of the court in meeting its goals.
Responsibilities
Based in Phnom Penh and reporting to the Senior Legal Officer, International Justice, the Monitor–Khmer Rouge Trials performs the following tasks:
1. Closely monitors the pretrial, trial, and appeals processes and provides regular (at least weekly) reports on the process and progress of the KR trials to the Justice Initiative, and provide regular reports for the public at large. As appropriate, prepares confidential reports for the UN, ECCC donors or the court itself;
2. Liaises with all organs of the Tribunal to assess needs that the Justice Initiative or others could fulfill to help ensure the Tribunal fulfills its mandate;
3. Liaises with, and provides accurate information to, NGOs, donors, the UN, and journalists monitoring the Tribunal, in Phnom Penh and elsewhere in Cambodia, and occasionally in New York and Washington DC, as required;
4. Writes op-eds or legal commentary on the trials, to educate the public and the international community about its performance, needs, strengths and shortcomings, as appropriate;
5. Writes at least quarterly updates or thematic reports on the ECCC, both for donors and the public;
6. Provides continuous guidance to the Justice Initiative and others, as appropriate, on the integrity of the trial process, with particular attention paid to corruption and independence issues;
7. Performs other supportive efforts as required and mutually agreed;
8. Coordinates with and supervises other Justice Initiative related staff in Cambodia, including providing assistance with Technical Advisory visits and oversees protection issues;
9. Oversees the operations, including financial reporting, and other work of the Phnom Penh office;
10. Engages in advocacy, outreach, and training on the Khmer Rouge Trials as appropriate; and
11. Performs other duties as requested by the Senior Legal Officer or Executive Director.
Qualifications
Experience working in or with other international/hybrid tribunals;
Strong familiarity with criminal law and procedure;
Ability to interact with diplomats, Tribunal officials, NGOs, journalists, and victimized communities in a professional, discreet, diplomatic and tactful manner;
Effective communication skills with all components of the Tribunal, including Registry, Chambers, Prosecution, Defense, and Administration;
Professional journalistic writing and editing experience;
Superb organizational capabilities;
Cultural sensitivity
Fluency in English with excellent written language skills; Khmer language skills a plus but not a requirement;
High level of motivation and ability to work both independently and with others;
Integrity, professional discretion and ability to handle confidential matters.
Salary: Commensurate with experience with full benefits.
Anticipated Start Date: November 1, 2010
To Apply
Please email resume, writing sample and cover letter with salary requirements and contract details of 3 references (preferably previous supervisors) to applications@admingroup.hu , including “Monitor – OSJI” in the Subject title.
The University of Antwerp (UA) seeks to fill the following vacancy at the Faculty of Law:
Researcher (BAP – 100%) on POWER SHARING and HUMAN RIGHTS
Job description (posted 1 August 2010):
The successful candidate will be the lead researcher on the two year research project A human rights approach to power-sharing as a tool of conflict resolution in Africa. He/she will work under the supervision and coordination of Prof. Koen De Feyter, Professor of International Law, and Dr. Stef Vandeginste, Postdoctoral Fellow of the Research Foundation – Flanders (FWO). The project will be part of a new research line run by the Law and Development research group of the Faculty of Law of the University of Antwerp.
The project aims at scientifically analyzing the technique of power-sharing – which has increasingly been used as a component of contemporary peace agreements – from a human rights perspective. It seeks to understand the substantive and process related constraints and opportunities a human rights approach offers to negotiated settlements of situations of internal armed conflict. An empirical and a normative perspective will be combined. Dealing with a subject matter that strongly relates to questions of law and politics, the research will inevitably look beyond the black letter of the law.
More specifically, the successful candidate will conduct research on the basis of two country related case-studies (out of the following list of countries: Democratic Republic of the Congo, Kenya, Sierra Leone, Sudan and Uganda; the selection to be made taking into account the candidate’s profile), two human rights dimensions (state obligations related to the accountability of perpetrators of human rights violations and the right to self-determination, in particular as it applies to the exploitation of natural resources) and the policy and practice of two intergovernmental actors frequently involved in peace processes in Sub-Sahara Africa (the United Nations and the African Union). Research findings will be presented at an international expert seminar and submitted for publication to international peer reviewed journals.
Profile:
The ideal candidate
holds a Master degree in law and a specialization in human rights or law and development;
has two years of relevant research experience;
has considerable expertise on the countries and/or human rights dimensions and/or intergovernmental institutional frameworks referred to in the above job description;
is interested in pursuing doctoral research for which this two year research project offers a useful preparatory stage and for which he / she will try to obtain external funding;
has excellent written and spoken communication skills in English;
is able to work independently and as a team member.
Conditions offered:
The vacancy is for a full-time position for two years. Standard salaries and social security provisions as offered at Belgian universities apply.
Selection procedure:
Candidates must send an application letter, including a CV, a list of publications and the contact details of two reference persons. Deadline for applications is 1 October 2010. The successful candidate will be notified by 1 November 2010. The expected commencement of employment is 1 January 2011.
Send your application letter to Prof. Koen De Feyter, University of Antwerp (UA), Faculty of Law, Prinsstraat 13, 2000 Antwerpen, Belgium (koen.defeyter@ua.ac.be).
For further information, please contact Dr. Stef Vandeginste on stef.vandeginste@ua.ac.be or 32 3 265 52 97.
The University of Antwerp (UA) seeks to fill the following vacancy at the Faculty of Law:
Researcher on Power Sharing and Human Rights
The successful candidate will be the lead researcher on the two year research project A human rights approach to power-sharing as a tool of conflict resolution in Africa. He/she will work under the supervision and coordination of Prof. Koen De Feyter, Professor of International Law, and Dr. Stef Vandeginste, Postdoctoral Fellow of the Research Foundation – Flanders (FWO). The project will be part of a new research line run by the Law and Development research group of the Faculty of Law of the University of Antwerp.
The project aims at scientifically analyzing the technique of power-sharing – which has increasingly been used as a component of contemporary peace agreements – from a human rights perspective. It seeks to understand the substantive and process related constraints and opportunities a human rights approach offers to negotiated settlements of situations of internal armed conflict. An empirical and a normative perspective will be combined. Dealing with a subject matter that strongly relates to questions of law and politics, the research will inevitably look beyond the black letter of the law.
More specifically, the successful candidate will conduct research on the basis of two country related case-studies (out of the following list of countries: Democratic Republic of the Congo, Kenya, Sierra Leone, Sudan and Uganda; the selection to be made taking into account the candidate’s profile), two human rights dimensions (state obligations related to the accountability of perpetrators of human rights violations and the right to self-determination, in particular as it applies to the exploitation of natural resources) and the policy and practice of two intergovernmental actors frequently involved in peace processes in Sub-Sahara Africa (the United Nations and the African Union). Research findings will be presented at an international expert seminar and submitted for publication to international peer reviewed journals.
The ideal candidate
holds a Master degree in law and a specialization in human rights or law and development;
has two years of relevant research experience;
has considerable expertise on the countries and/or human rights dimensions and/or intergovernmental institutional frameworks referred to in the above job description;
is interested in pursuing doctoral research for which this two year research project offers a useful preparatory stage and for which he / she will try to obtain external funding;
has excellent written and spoken communication skills in English;
is able to work independently and as a team member.
The vacancy is for a full-time position for two years. Standard salaries and social security provisions as offered at Belgian universities apply.
Candidates must send an application letter, including a CV, a list of publications and the contact details of two reference persons. Deadline for applications is 1 October 2010. The successful candidate will be notified by 1 November 2010. The expected commencement of employment is 1 January 2011.
Send your application letter to Prof. Koen De Feyter, University of Antwerp (UA), Faculty of Law, Prinsstraat 13, 2000 Antwerpen, Belgium (koen.defeyter@ua.ac.be). For further information, please contact Dr. Stef Vandeginste on stef.vandeginste@ua.ac.be or 32 3 265 52 97.
Human Rights Watch is seeking two full-time interns in its Brussels office to assist with HRW’s work on the case against Hissène Habré. The internship will last a minimum of four months starting in September 2010, though six months would be preferred. The interns will be supervised by HRW’s Counsel in this matter, and will help HRW keep in touch with HRW’s partners in Senegal and Chad, draft advocacy letters and press releases, monitor press and events and assist with research. The interns will also be responsible for administrative tasks, including filing, translating, accounting and helping staff and partners with travel arrangements.
This internship is unpaid. Students are often able to arrange academic credit, as HRW internships often offer direct exposure to the workings of an international human rights organization, close supervision by the HRW staff, interaction with other U.S. and international organizations and foreign and domestic government officials, and opportunities to attend lectures, trainings and special events relating to human rights. Students should check with their individual academic institutions for requirements.
Qualifications:
These internships are open to law students, law graduates and graduate students with expertise in international criminal law or international relations. Applicants should be well-organized, self-motivated and reliable, with a strong interest in international human rights and/or international criminal law.
For one position, Oral and written fluency in French, and very good English is required, for the other, oral and written fluency in English, and very good French is required. Computer skills (i.e., Microsoft Office, Internet applications) are required.How to Apply:
Please apply immediately by emailing a letter of interest in English and French, resume, names or letters of reference and, if possible, a brief, unedited writing sample in French or English to: gcd_ib1@hrw.org. Please use “Habré Internship Application -September 2010″ as the subject of your email and specify your dates of availability.
Steven Kay QC and Gillian Higgins of the ICLB filed their Final Brief on behalf of Ivan Čermak in The Prosecutor v. Gotovina, Čermak and Markač on Friday 16 July. The brief was filed confidentially due to protection measures but a public version of the document will be available at a future date.
The ICLB posted the Bangladesh International Crimes (Tribunals) Act 1973 on the blog and Facebook site 2 weeks ago. That statute applies rules of evidence and procedure which are not part of the regular Bangladesh criminal law.We now post the national rules of procedure and evidence which govern all other criminal trials in that state.
These laws replicate the criminal procedures of England & Wales from the late 19th century and many of which still remain in force in this jurisdiction. Recently, certain laws have been altered (hearsay, bad character etc), but the procedures of the International Crimes (Tribunals) Act, definitely do not reflect the current laws of England & Wales.
The Kurdish Human Rights Project is pleased to announce a new vacancy for a Legal Officer/Legal Director (MATERNITY COVER – one year contract beginning mid-October).
This role offers a fantastic opportunity to contribute to the work of KHRP in making full use of international mechanisms to protect the human rights of people living in the Kurdish regions of Turkey, Iraq, Iran, Syria and elsewhere. KHRP is a registered charity founded in London in 1992, which works with a number of partner organisations in the regions. KHRP pioneered the practice of bringing individual petitions before the European Court of Human Rights and functions as a catalyst for justice through its analysis, advocacy and action.
The responsibilities of the successful candidate for the Legal Officer/Legal Director position will include conducting European Convention cases, directing the work of the KHRP legal team and co-ordinating with partners in the region, attending European Court hearings in Strasbourg and making recommendations on KHRP legal strategy. The role will also involve making full use of other international human rights mechanisms, including the ILO, OSCE, UN, European Social Charter and ECJ. Other responsibilities will include participating in the planning of trial observations and fact-finding missions, as well as taking the lead in preparing training programmes in the region.
APPLICATION PROCEDURE:
A full job description, person specification and an application form is available in our website’s Employment Section.
(www.khrp.org)
FOR FURTHER INFORMATION:
Pranjali Acharya / Rachel Bernu
Kurdish Human Rights Project
11 Guilford Street,
London,
WC1N 1DH
Tel: 020 7405 3835
khrp@khrp.org
The Kurdish Human Rights Project is an independent, non-political human rights organisation dedicated to the promotion and protection of the human rights of all people in the Kurdish regions. It is a registered charity, founded and based in London.
The post of Registrar of the Court of Justice of the European Union will soon become vacant. The Registrar will be appointed in accordance with the procedure laid down in Article 12 of the Rules of Procedure of the Court of Justice.
The Registrar is appointed for a term of 6 years. His status and conditions of employment are governed by the Statute of the Court of Justice, the Rules of Procedure of the Court of Justice and the rules governing the emoluments of the members of the Commission and of the Court of Justice (Regulation No 422/67/EEC of the Council of 25 July 1967).
Nature of the Duties
The Registrar assists the Court of Justice in the exercise of its judicial function. On that basis, he is responsible for ensuring that the duties described in Article 17 of the Rules of Procedure of the Court of Justice are performed.
In addition, the Registrar is the secretary general of the institution, which comprises three courts: the Court of Justice, the General Court and the Civil Service Tribunal. He is responsible, under the authority of the President of the Court of Justice, for the administration of the institution, and directs its staff and departments. By delegation from the Court of Justice, he performs the duties of authorising officer in respect of the appropriations in the institution’s budget.
Requirements
Candidates must:
be a national of one of the Member States of the European Union;
have completed legal studies attested by a university qualification and have a detailed knowledge of European Union law and the functioning of the Courts of the Union;
have 15 years’ professional experience, a significant part of which must have involved duties with a very high-level of responsibility;
have a very good knowledge of French and a good knowledge of one other official language of the European Union. Knowledge of other official languages will be taken into account.
Submission of applications
Applications are to be sent by email only to Greffier.CJUE@curia.europa.eu and must be received by the Court of Justice by 18.07.2010. at the latest. Applications must be accompanied by a curriculum vitae providing full details of the candidate’s age, nationality, university degrees, knowledge of any languages, present and past occupations and experience, if any, in judicial and international fields.
For more information see - http://curia.europa.eu/jcms/jcms/Jo1_6308/ecran-d-accueil
Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), both suspected of having committed war crimes in Darfur, Sudan, arrived voluntarily today, 16 June 2010, at the International Criminal Court (ICC) following summonses to appear issued first under seal on 27 August, 2009, by Pre-Trial Chamber I. Both suspects will stay at the location assigned to them by the Court, until their first appearance before the Chamber, scheduled for tomorrow, 17 June, 2010, at 10:00 a.m.
Banda and Jerbo are charged with three counts of war crimes allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (AMIS), a peace-keeping mission stationed at the Haskanita Military Group Site (MGS Haskanita) in the locality of Umm Kadada, North Darfur.
Pre-Trial Chamber I considered that there are reasonable grounds to believe that the attack against AMIS occurred in the context of an armed conflict of non-international character between the Government of Sudan and several organised armed groups at the time of the attack. It was allegedly carried out by the troops belonging to the Sudanese Liberation Army-Unity (SLA-Unity), which had broken away from the Sudanese Liberation Movement-Army (SLM/A), under the command of Jerbo, jointly with splinter forces of the Justice and Equality Movement (JEM), under the command of Banda.
It is alleged that the attackers, numbering approximately 1,000, were armed with anti-aircraft guns, artillery guns and rocket-propelled grenade launchers and that they killed 12 AMIS soldiers and severely wounded eight others. During and after the attack, they allegedly destroyed AMIS communications installations, dormitories, vehicles and other materials and appropriated AMIS property, including refrigerators, computers, cellular phones, military boots and uniforms, 17 vehicles, fuel, ammunition and money.
Pre-Trial Chamber I, composed of Presiding Judge Sylvia Steiner (Brazil), Judge Sanji Mmasenono Monageng (Botswana) and Judge Cuno Tarfusser (Italy) considered that there are reasonable grounds to believe that Banda and Jerbo are criminally responsible for the following war crimes:
violence to life, in the form of murder, whether committed or attempted, within the meaning of article 8(2)(c)(i) of the Statute;
intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission within the meaning of article 8(2)(e)(iii) of the Statute; and,
pillaging, within the meaning of article 8(2)(e)(v) of the Statute.
The judges held that, on the basis of information provided by the Office of the Prosecutor, a summons to appear for Banda and Jerbo would be sufficient to ensure their appearance before the Court. Accordingly, the issuance of a warrant of arrest did not appear necessary.
Until their first appearance before the Chamber, tomorrow, Banda and Jerbo will stay at the location assigned to them. This location will remain confidential. They are ordered not to leave the premises of the Court, including that location, for the whole period of their stay in the Netherlands, without the specific permission of the Chamber.
Taken from the ICC Press Release – see here for the full release – http://www.icc-cpi.int/NR/exeres/1C00A3C4-6591-4E2C-9CEB-1F750A3D6DFC.htm
The Iran Human Rights Documentation Center seeks a part-time pro bono legal researcher to assist with the Center’s forthcoming report on human rights violations against women’s rights activists in Iran since the summer 2009 post-election unrest. The researcher will work closely with a human rights lawyer at the Center on finding relevant standards of international criminal law, humanitarian law and human rights law that are applicable to the events described in the report.
The researcher should be able to devote 5-10 hours a week to the project in the month of June. Some contextual knowledge of recent events in Iran is a plus, but not necessary. The researcher should have at least basic knowledge of international human rights law covenants, treaties and case law. S/he should have access to and know how to use international case law search engines and tools. Assignments may include, for example, research assignments on international laws regarding travel bans and bail amounts, and research on the right to freedom of movement.
Position is available immediately. If interested, please contact gazarnia@iranhrdc.org with “legal researcher” in the subject line.
The Coalition for the International Criminal Court (CICC) has published its latest issue of The Monitor, the Coalition’s bi-annual journal on the ICC. It is available in English, Spanish and French at: http://www.coalitionfortheicc.org/?mod=download&doc=12252
This issue of ‘The Monitor’ covers the upcoming Review Conference of the Rome Statute of the International Criminal Court, to be held in Kampala, Uganda from 31 May to 11 June, 2010. It also provides an update on the cases and situations before the Court and on the various campaigns undertaken by the CICC and its members worldwide.
Finally, some good news for Veselin Šljivančanin. The ICTY Appeals Chamber has scheduled a public hearing for June 3 to hear the testimony of Miodrag Panic and determine whether it constitutes a “new fact” that would re-open Šljivančanin’s case.
The Appeals Chamber, Judge Pocar dissenting, found that in this “exceptional context it is in the interests of justice to convene an oral hearing to examine the legal and evidentiary aspects of Šljivančanin’s contentions”. The morning session will hear Panic’s direct and cross-examination and the afternoon session will hear arguments from both sides as to whether this constitutes a “new fact” under Article 26 of the ICTY Statute .
As reported on this blog , the basis of Šljivančanin’s Application for Review is Panic’s new testimony that he was present during the conversation between Mile Mrkšić and Šljivančanin on 20 November 1991, and that Mrkšić did not tell Šljivančanin about any order to withdraw the JNA protection for the prisoners of war at Ovčara.
On 27 September 2007, Šljivančanin, a former JNA officer was convicted of aiding and abetting torture at the Ovčara camp and sentenced to 5 years imprisonment. On 5 May 2009, the Appeals Chamber (Judge Pocar and Judge Vaz dissenting) quashed his acquittal for aiding and abetting murder, and revised his sentence, raising it to 17 years. Šljivančanin’s Motion for Reconsideration of the Appeals Judgment was denied by the Appeals Chamber on 8 December 2009.
This decision by the Appeals Chamber raises two interesting points. First, this is the first time that the ICTY has held a public hearing for an Application for Review based on a new fact. Perhaps the Appeals Chamber is reconsidering the legacy of entering what is effectively a conviction on first instance, without new evidence or recourse to appeal.
Second, Judge Pocar, the lone dissenter on this scheduling order, was the author of a vigorous dissent in the Appeals Judgment itself. He stated (as he has consistently done so in his Galic, Semanza and Rutaganda dissents) that for the ICTY Appeals Chamber to enter a new conviction, the right to appeal one’s conviction as protected by Article 14(5) of the ICCPR would be violated.
Re-opening this case based on a new fact would not solve the structural problem of an appellate court entering a new conviction without recourse to appeal. However, if Šljivančanin is successful on June 3, the judicial determination of this issue of fact will be made by the Trial Chamber, where it belongs.
Whitney R. Harris died last night at the age of 97 in his home in St. Louis, Missouri. He was the last surviving prosecutor who appeared before the International Military Tribunal (IMT) at Nuremberg during the trial of the principal surviving Nazi war criminals. At Nuremberg, Whitney Harris had served as U.S. Trial Counsel and was primarily responsible for the prosecutions of defendant Ernst Kaltenbrunner and against defendant organizations the RSHA, the Gestapo and the Sicherheitsdienst (SD, or Security Service). The ICLB expresses its condolences to his family.
The Karadžić Trial resumed last week, with the evidence of the Prosecution’s first two witness being heard. The two witnesses were crime base witnesses. Ahmet Zulic testified about the takeover of Sanski Most and conditions at Manjaca Camp. Sulejman Crncalo gave evidence on conditions in Pale in 1992. Both witnesses had testified previously at the Tribunal.
The Karadžićcase currently sits three days a week, hearings are scheduled to resume on Wednesday 21 April.
Further Contempt Proceedings Against Vojislav Šešelj
The Accused Šešelj faces charges of contempt for the second time at the Tribunal. On 24 July 2009, he was found guilty of contempt and sentenced to 15 months of imprisonment for disclosing the name and other personal details of protected witnesses in a book he authored. The case is on appeal.
This second case also relates to allegations that he disclosed information on 11 protected witnesses, including their real names, occupations and places of residence, in violation of the Trial Chamber’s orders in a book he authored. The initial appearance was due to take place this week, but has been postponed because the Amicus Curiae Prosecutor cannot make it to The Hague because of the current widespread air traffic disruption.
Death of Rasim Delić
Gen. Rasim Delić, the former Commander of the Main Staff of the Army of the Republic of Bosnia and Herzegovina (ABiH), died on Friday at his home in Sarajevo. He was 61.
Delić was sentenced to three years imprisonment on 15 September 2008 for failing to prevent and punish one instance of cruel treatment committed by the El Mujahed Detachment (EMD), part of the 3rd Corps of the ABiH. Delić was acquitted of three other counts of murder and cruel treatment for crimes committed by EMD members in the villages of Maline and Bikosi in the Travnik municipality, in the village of Kesten and at the Kamenica Camp.
At the time of his death, Delić had already served his sentence, having received credit for time served during the trial proceedings.
Both parties had lodged appeals against the judgement, and the appeals hearing took place on 19 January this year.
Appeals Judgement Scheduled in Boskoski & Tarculovski Case
The Appeals Chamber will deliver its judgement in the Boskoski & Tarculovski Appeal at 9.30 a.m. on 19 May 2010.
Johan Tarculovski was sentenced to 12 years’ imprisonment for crimes committed against ethnic Albanians in village of Ljuboten, near Skopje, on 12 August 2001. The Trial Chamber found him guilty of ordering, planning and instigating the crimes committed in Ljuboten. Ljube Boskoski, the former Minister of Interior of the former Yugoslav Republic of Macedonia, was acquitted by the Trial Chamber, finding that “it has not been established that Ljube Boskoski failed to take the necessary and reasonable measures for the punishment of the police”.
The Prosecution filed its notice of appeal in respect of Ljube Boskoski on 6 August 2008 and Counsel for Johan Tarculovski filed his notice of appeal on 8 August. The appeals hearings took place on 29 October 2009.
Further Trial Proceedings
In the Prlić et al Case, the Ćorić Defence rested its case on 1 April. The Pušić Defence, representing the last of the 6 accused, has announced that they will not call any witnesses. The Stojić Defence may re-open its case to call one witness who was unavailable previously. It then remains to be seen if the Prosecution will have a rebuttal case, or if the Chamber wishes to call witnesses. The Prlić Case has been in trial since April 2006.
The trial of Momčilo Perisic is currently in the Defence Phase of proceedings. Trial is scheduled to resume on 3 May 2010
In the Gotovina et al Case, the Chamber is currently hearing its witnesses. It indicated there may be a total of seven Chamber witnesses. Currently on the stand is Croatian special police member Stjepan Zinić. The Chamber has already heard from Zeljko Sacić, former Chief of the Special Police,
The trials of Mićo Stanišić & Stojan Župljanin, Vlastimir Đorđević, Jovica Stanišić & Franko Simatović and Zdravko Tolimir are all ongoing.
The United States has pledged five million dollars to the ECCC, subject to Congressional approval. Stephen Rapp, the US ambassador-at-large for war crimes issues, told reporters the donation was made “in light of continued progress” and “reflects our commitment to see this process through to its conclusion and help Cambodia build a society based upon the rule of law.’
Verdict Expected in June for Duch Case
VOA Khmer news has reported that the verdict for the Duch case is to be expected in June 2010. In an interview with Lars Olsen, issues which complicate reaching a verdict include the laws involved, the differences in languages among international and Cambodia judges and the search for a suitable punishment.
The approved budget request for the ECCC for 2010 and 2011 has been released on the ECCC’s official website. The document is based on the anticipated needs of the Court for the coming two years and totals $92.3 million. Projected timelines in the document anticipate that the Court will continue until 2015. To download the full report, please click here.
Applications to disqualify Lemonde inadmissible
Applications to have International Co-Investigating Judge Lemonde disqualified have been deemed inadmissible by the Pre-Trial Chamber. Defence teams for Ieng Sary and Nuon Chea had stated that a remark made by Judge Lemonde calls into question his “presumptive impartiality”. The Pre-Trial dismisses the applications, stating that, “none of the arguments supporting the application(s), are capable of establishing the conclusion that Judge Lemonde lacks impartiality.” The full decisions are available below:
Jacques Vergès and Sovan Sa filed their reply on the 25th March 2010 in which they declare the ECCC has no jurisdiction to prosecute and bring to trial the charged persons on the basis of joint criminal enterprise theory.
After a ten-day stay at hospital, Khieu Samphan was released on March 25th 2010. See here for a brief report.
International Co-Prosecutor speaks of ‘accelerating’ work
Andrew Cayley spoke at Siam Reap where nearly 200 teachers had gathered to learn how to introduce an educational book “A History of Democratic Kampuchea” into school curricula. Cayley spoke of accelerating the work with his colleague National Co-Prosecutor Chea Leang and concluded, “the best way to do this work is not quickly but efficiently”.
A report by the Open Society Justice Initiative has criticized government interference in the ECCC saying that it undermines the credibility of the court. While the report praises the work of the tribunal, it also calls on the United Nations to take immediate steps to discourage further political interference. The report is available here.
