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Closing Briefs Submitted in Mladic

Closing Briefs Submitted in Mladic

Prosecution and Defence Final Trial Briefs were filed, simultaneously, on 25 October 2016 before the International Criminal Tribunal for the Former Yugoslavia. These written submissions were subject to a word limit of 300,000 words, six times larger than standard, which reflects both the size of the trial record and its significance for the Balkan region in general. Oral argument will be heard on 5-16 December 2016, before the Trial Chamber moves into deliberations. The judgement is expected to be delivered some time in 2017.

General Mladic (pictured) faces an eleven count indictment, alleging genocide, crimes against humanity and violations of the laws or customs of war. These substantive offences are alleged to have been committed through all possible modes of liability under the Tribunal’s Statute, including command responsibility and four separate joint criminal enterprises. Evidentially the case is divided into four components, with crimes being alleged in Srebrenica, Sarajevo and 15 municipalities. He is also alleged to be responsible for taking UN personnel hostage in May 1995.

This is the last trial to be heard by the ICTY. Following the trial judgment, the Mechanism for International Criminal Tribunals (MICT) will assume jurisdiction over the case, including hearing any appeal. The MICT is currently seized of appeals lodged by the Prosecution in Seselj and a cross-appeal in Karadzic, as well as a retrial in the case of Stanisic and Simatovic.

 

Joe Holmes of 9 Bedford Row represents General Ratko Mladic and assisted in the drafting of his Final Brief. He is led by Branko Lukic, Miodrag Stojanovic and Dragan Ivetic.

 

Image source: bbc.co.uk

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9 Bedford Row International Report – “The Egyptian Revolution Against the Muslim Brotherhood”

9 Bedford Row International Report – “The Egyptian Revolution Against the Muslim Brotherhood”

Today, 9 Bedford Row International released its latest report entitled “The Egyptian Revolution Against the Muslim Brotherhood”. The report can be read and downloaded at: http://egyptevidence.com/

The report is the third in a series of reports commissioned by the State Lawsuit (Litigation) Authority of Egypt which aim to present an independent and comprehensive review of the Muslim Brotherhood and its allied groups and organisations. The first report, entitled “The History of the Muslim Brotherhood” was released on 2 April 2015. The second report “The Egyptian Experience of the Muslim Brotherhood in Power 2012 – 2013” was released on 4 June 2015.

This third report looks at the final days leading up to the collapse of the presidency of Mohamed Morsi with an analysis of the key events that unfolded in the weeks following his removal from office. Specifically, it reviews the revolution of 30 June 2013 when the Egyptian people forced Morsi to step down on 3 July 2013 and the following clashes that ensued between security forces and Muslim Brotherhood supporters.

Steven Kay QC
London
16 December 2015

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Notice Report on Egypt Courts & Some Recent Challenges

Notice Report on Egypt Courts & Some Recent Challenges

We are pleased to issue the report “Egypt Courts & Some Recent Challenges”.

Electronic versions of this report with others by 9 Bedford Row may be found at www.egyptevidence.com.

This report was commissioned by the State Litigation Authority of Egypt and addresses a number of headline issues concerning human rights in Egypt. The chapters look at the law of Egypt and the final outcome of certain cases that have been examined by the world’s media and international agencies.

The report demonstrates the developing state of the human rights programme of the government in today’s Egypt that has had to cope with the problems of the past and the turbulence of the recent years.

 

Yours Steven Kay QC

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Kenyatta Defence Publishes Report: ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’

Kenyatta Defence Publishes Report: ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’

By Steven Kay QC

Download the full Kenyatta Defence report, ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’: http://www.internationallawbureau.com/wp-content/uploads/2015/01/report.pdf

On 19 January 2015, the ICC Prosecution published a public redacted version of its Pre-Trial Brief (‘PTB’) in its now-defunct case against Uhuru Kenyatta. As predicted by the Kenyatta Defence, and as a result of the Prosecution’s purposeful misrepresentation of the evidence underlying the allegations in the PTB, the document was misunderstood by the media and lead to the publication of defamatory statements concerning Mr Kenyatta. It matters not to the Prosecutor, who has chosen not to issue one of her infamous video speeches to explain the context in which the PTB was released, that the allegations contained therein rely almost exclusively on the evidence of witnesses who have admitted to lying and were withdrawn by the Prosecution. The PTB sets out a failed case based upon lying witnesses; it is a document that has neither credibility nor currency.

The Kenyatta Defence has today published a report examining the key aspects of the failed ICC proceedings against Mr Kenyatta. The document focuses on the nature of the evidence that was proved by the Defence to be false and the exposure of which eventually caused the case to fail.

The report concludes by stating that the ‘proceedings at the ICC against Uhuru Kenyatta represented a miscarriage of justice. Rights to ensure fairness by the Prosecution towards an accused that would have been expected in any jurisdiction were plainly not employed in his case. The failure to check credibility of witnesses, wilful blindness to obvious fabrication of stories by witnesses in the pursuit of a case, represented an unreasonable campaign to prosecute an individual at all costs.

The impact of such conduct upon an individual’s private and public life cannot be easily dismissed. Such prosecutorial conduct would be considered in most reasonable jurisdictions to have been a gross abuse of power. The ICC structure that even permitted counsel for the victims to make representations to continue the proceedings notwithstanding the admission of insufficiency of evidence by the Prosecutor reflects a system that pays little attention to the validity of the case but more to the image that it is pursuing campaigns against impunity. The irony that Uhuru Kenyatta was subject in these proceedings to nothing less than a prosecutorial impunity is clear and obvious.’

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The second paper and annexes in the series of submissions made by the ICLB to the OHCHR OISL

The second paper and annexes in the series of submissions made by the ICLB to the OHCHR OISL

The second paper in the series of submissions made by the ICLB to the OHCHR OISL has been uploaded below. It addressed the rights and obligations of the State of Sri Lanka in seeking to protect its population from terrorism and crimes perpetrated by the LTTE during a thirty-year terrorist campaign and the non-international armed conflict of Eelam War IV (from 2006-2009). The OHCHR is due to issue its report next month.

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ICLB Submissions to the OHCHR Investigation on Sri Lanka – The LTTE and the Legal Response to Terrorism and Crimes Committed by the LTTE

ICLB Submissions to the OHCHR Investigation on Sri Lanka – The LTTE and the Legal Response to Terrorism and Crimes Committed by the LTTE

In September and October 2014, the International Criminal Law Bureau (ICLB) submitted a series of papers to the Office of the High Commissioner for Human Rights (OHCHR) in relation to its investigation on Sri Lanka (OISL). The first in the series concerned the Liberation Tigers of Tamil Eelam (LTTE) and addressed the nature of the organization, its leadership, political affiliations and the heinous crimes committed by the LTTE in the State of Sri Lanka up until 2009. The second paper addressed the rights and obligations of the State of Sri Lanka in seeking to protect its population from terrorism and crimes perpetrated by the LTTE during a thirty-year terrorist campaign and the non-international armed conflict of Eelam War IV (from 2006-2009). The OHCHR is due to issue its report next month.