Post by Emma Miles
The most recent edition of the ADC-ICTY newsletter highlights recent developments in the past few months at the ICTY.
Please see below for a run-down of the issues covered.
The closing arguments in Prosecutor v. Stanišić and Župljanin (IT-08-91) concluded on 1st June, with the prosecution calling for life imprisonment of both defendants, and the Defence asking for an acquittal with arguments cited being those of lack of control and command responsibility.
In May 2012, in the case of Prosecutor v. Karadžić (IT-95-5/18-I), a Rule 98 bis hearing was held. Defence Counsel Peter Robinson submitted for Karadžić to be acquitted of all 11 charges ranging from war crimes to his role in joint criminal enterprises, including forcible and permanent elimination of non-Serbs, the siege of Sarajevo, taking UN staff hostage and the Srebrenica genocide.
In Prosecutor v. Stanišić & Simatović the final defence witness was heard. The indictment alleges Simatović was in Knin to help the Krajina authorities prepare for the war, but the Defence claimed that he was in fact there to follow a man being observed by the DB.
Radenko Novaković, the final witness to testify in the trial was recalled. In total, the Prosecution called 62 witnesses; Stanišić’s Defence called 19 witnesses and 14 were called to testify on behalf of Franko Simatović. Closing arguments in the trial will be heard from 11 – 13 September.
ICTY’s President, Judge Theodor Meron, and Prosecutor, Serge Brammertz, addressed the UN Security Council, reporting upon implementation of the Completion Strategy and the challenges faced by the tribunal vis a vis the mandate.
The Nuon Chea Defence Team at the ECCC filed its “Notice of Impeachment Material for TCW-487, citing that such a Notice is not in fact required by the ECCC Internal Rules.
The former president of Liberia Charles Taylor was sentenced, with the Court finding him guilty of 11 counts of aiding and abetting war crimes and crimes against humanity in neighbouring Sierra Leone during the 1991-2002 civil war, including murder, rape, sexual slavery, recruiting child soldiers, enforced amputations and pillage.
The Prosecution had requested an 80 year sentence, however the 50 year sentence was handed down with the Defence submitting their intention to subsequently appeal the sentence.
At the ICTR, Callixte Nzabonima, the Former Rawnda Minister of Youth and Associate Movements was sentenced to life imprisonment. The Chamber found him guilty of Genocide, Conspiracy to Commit Genocide, Direct and Public Incitement to Commit Genocide and Extermination as a Crime Against Humanity in the 1994 Rwandan genocide.