Reports in Case : Miscellaneous
JUDGE MAY RESIGNS
The Hague Tribunal announced that the Presiding Judge of the Trial Chamber hearing the case of Slobodan Milosevic resigned for health reasons. President Meron is confident that the resignation of Judge May, effective 31 May this year, will not have "an unduly disruptive effect" on any proceedings before the Tribunal.
EUROPEAN COMMISSION: FIRM SUPPORT FOR CARLA DEL PONTE
Only Carla del Ponte will decide on the venue for the trial of the persons indicted by the Tribunal, says European Commission spokesperson after the new Serb Prime Minister Kostunica announced that the cooperation in the transfer of the accused to The Hague would be limited
SENTENCING FOR VICE ADMIRAL JOKIC SCHEDULED FOR 18 MARCH
On 18 March, the Tribunal will pronounce the sentence for Miodrag Jokic. He pleaded guilty to the shelling of the Dubrovnik Old Town - Restricted communications regime extended for Vojislav Seselj and ended for Slobodan Milosevic
BRITISH PRISONS FOR THE HAGUE CONVICTS
Great Britain is the tenth European state to place its "prison capacities" at the disposal of the Tribunal
THE GENTLEMAN FROM THE OTHER SIDE
A sketch for the portrait of Geoffrey Nice, lead prosecutor at the Milosevic trial
TRIBUNAL EXPRESSES ITS GRATITUDE TO JUDGE MAY
At a special session, the Tribunal expressed its gratitude to Judge Richard May for all he has done in The Hague over the past six years. May leaves "proud of the past and confident in the future of the Tribunal"
DREAMS AND REALITY OF CARLA DEL PONTE
The Chief Prosecutor reminded all the politicians in the area of the former Yugoslavia that her indictments could be challenged only in the courtrooms of the Tribunal, since local courts did not have the legal and technical capability to take on such complex cases.
DEL PONTE DOES NOT HAVE JURISDICTION OVER CRIMES IN KOSOVO
The jurisdiction of the International War Crimes Tribunal is predicated on the existence of an "armed conflict", which was officially ended in July 1999.
RECORD NUMBER OF DETAINEES IN THE HAGUE
When six leaders of so-called Herceg-Bosna surrendered yesterday, the number of detainees in the UN Detention Unit rose to 61 – which means there are "just a few more free cells" in the Detention Unit. The General Staff of the UN Detention Unit has been reinforced substantially
‘SUPERVISORY BODY’ FOR CARLA DEL PONTE
According to the amended Rules of Procedure and Evidence, a five-member Tribunal Bureau will assess whether the persons in new indictments issued by Carla del Ponte are high enough in the chain of command to warrant a trial in The Hague
DEL PONTE TO SEEK "CLARIFICATIONS" FROM MERON
The Office of the Prosecutor of the International War Crimes Tribunal in The Hague has not been consulted or notified about amendments to the Rules of Procedure and Evidence which, for the first time in the Tribunal’s ten-year existence, diminish the independence of the prosecutor in deciding who to indict.
GOOD ENOUGH FOR THE HAGUE, NOT GOOD ENOUGH FOR ARUSHA
Judges at the Rwanda Tribunal refuse to consider amendments adopted by judges at the Tribunal for the former Yugoslavia, concluding that the amendments limit the independence of the Chief Prosecutor.
CHIEF PROSECUTOR "DOES NOT SHARE" THE VIEW OF THE TRIBUNAL'S PRESIDENT
The dispute over an amendment to the Rules of Procedure and Evidence that Carla del Ponte believes limits the independence of the Office of the Prosecution will in all probability have to be resolved by the UN Security Council.
A REPORT AGAINST SERBIA AND MONTENEGRO
President Theodor Meron formally reports Belgrade’s non-cooperation to the Security Council, warning that it jeopardizes the Tribunal's "exit strategy"
FULL COOPERATION WITH THE TRIBUNAL ONLY OPTION
The prosecution will not oppose the provisional release of generals Ivan Cermak and Mladen Markac after it conducts interviews with them, confirmed Minister Zuzul after meeting with Chief Prosecutor Del Ponte. "There are no other options but full cooperation, without double-dealing that would lead nowhere," stated the Croatian Minister of Foreign Affairs after the meeting.
PROSECUTOR DOES NOT TRUST BELGRADE GUARANTEES
Would the Serbian MUP, staffed by the erstwhile subordinates of Jovica Stanisic and Franko Simatovic, arrest their former bosses if they decided not to return to The Hague for trial?
WHO IS PAYING THE PRICE FOR RADOVAN KARADZIC'S FREEDOM?
After talks with Chief Prosecutor Carla del Ponte, Prime Minister Adnan Terzic says the strengthening of state institutions will result in BH authorities having not only the jurisdiction, but also the tools for full cooperation with the Tribunal, including the arrest of war criminals. Karadzic is "a problem of the entire BH, not only of the Republika Srpska.”
ETHNIC CROATS INVOLVED IN AN INCIDENT IN THE DETENTION UNIT
The Commander of the UN Detention Unit has launched an investigation into a clash between Tihomir Blaskic and Ivica Rajic, announcing that "necessary measures" will be taken against the person responsible for the incident.
SEVEN MORE INDICTMENTS TO BE ISSUED BY THE HAGUE
In her report to the UN Security Council, Del Ponte reveals she is currently conducting seven investigations against 13 suspects. Karadzic and Mladic will prolong the existence of the Tribunal. Evaluations of the cooperation (or lack thereof) of the states and entities of the former Yugoslavia with the Tribunal.
CARLA DEL PONTE RECEIVES HUMAN RIHTS PROTECTION MEDAL
The Chief Prosecutor of the War Crimes Tribunal in The Hague "deserves recognition as a tireless and uncompromising force behind war crimes prosecutions that are critical for the protection of human rights," says the honorary chairman of the American Society of International Law (ASIL) in awarding the medal.
THE NUMBER OF COUNTRIES THAT CAN TRY CASES FOR INDICTMENTS ISSUED IN THE HAGUE INCREASES
An amendment to the Rules of Procedure and Evidence envisages the possibility of Tribunal cases being deferred to countries outside of the former Yugoslavia
FROM SREBRENICA TO ISTANBUL
The international community’s message can hardly be clearer: the progress of BH towards European integration has been halted by the RS’s failure to support BH in cooperating with The Hague—and someone will have to pay the price for the delay.
THE PRICE OF FREEDOM
What price are the citizens of Republika Srpska paying for Radovan Karadzic’s and Ratko Mladic’s continuing evasion of international justice?
LOSERS AND KARADZIC'S HOSTAGES
Slowly spreading through Republika Srpska and among Serbs in Bosnia and Herzegovina is the conviction that they are, in fact, the biggest victims of Radovan Karadzic and his policies.
Radovan Karadzic is far from The Hague, just as Bosnia and Herzegovina is far from the Partnership for Peace program and Euro-Atlantic integration. Big words and great expectations are completely relativised and exciting promises seem to be morphing, slowly but surely, into yet another scam.
FUGITIVES ARE "BUYING TIME"
Carla del Ponte warns the Security Council that Karadzic, Mladic, Gotovina and other fugitives are biding their time, waiting for the Tribunal to cease to exist. Four more indictments, with eleven more accused. "Full cooperation" by Croatia, while Serbia and Montenegro offers "almost no cooperation at all." It will be given a second chance, but in the absence of "a substantial number of transfers of fugitives" in the weeks to come, Del Ponte will conclude that Belgrade remains unwilling to abide by its international legal obligations.
FUGITIVES IN THE HAGUE
The English version of the documentary about Karadzic and Mladic, produced by the SENSE Agency, premiered at the Congress Centre in The Hague
BINDING ORDER ISSUED TO REPUBLIKA SRPSKA
After waiting in vain for three years for Banja Luka to respond to the request for documents relevant for the Ratko Mladic and Radovan Karadzic case, a Tribunal Judge granted an application filed by the prosecutor and issued a binding order to the Republika Srpska authorities
FIRST APPLICATIONS FOR REFERRAL OF CASES TO DOMESTIC COURTS
In early September, the prosecution filed an application for the referral of the Ademi and Norac case to a court in Croatia, and of the Mejakic et al. case to a BH court. ICTY President appoints a special trial chamber to rule on the Ademi-Norac case. Any referrals of cases to Serbia-Montenegro are ruled out for the time being
EARLY ELECTIONS FOR NEW TRIBUNAL JUDGES
In a deviation from the usual practice, the fourth round of elections for the new permanent judges of the Tribunal in The Hague will be held not in the spring, but on 18 November 2004--exactly one year before their term of office begins.
PROSPER TO VISIT THE HAGUE TOMORROW
Yet another "misunderstanding" in the interpretation of public statements made by the American ambassador-at-large for war crimes.
LACK OF COOPERATION IN BELGRADE WILL EXTEND TRIBUNAL'S LIFE
After talks with Tribunal officials, US Ambassador-at-Large for War Crimes Issues, Pierre Richard Prosper, announces that Washington will be reviewing its policy regarding the referral of ICTY cases to the Serbian courts and the "completion strategy" for the Tribunal, which is expected to finish all its first-instance proceedings by the end of 2008.
“RULES OF THE ROAD” MOVE TO BOSNIA
As of 1 October 2004, the BH State Court is to take over the process of determining whether there are grounds for prosecuting people suspected of war crimes. Of some 6,000 files it reviewed in the past eight years in accordance with the so-called Rules of the Road, the Tribunal gave the go ahead for the prosecution of 865 individuals. Of that number, only about 10 percent of the suspects have actually been brought to trial.
IMPUNITY BEARS THE GERM OF FUTURE CONFLICTS
Address by Carla Del Ponte, the Tribunal's Chief Prosecutor, to General Affairs and External Relations Council of the EU in Luxembourg, on 11 October 2004
DEL PONTE: THREE TRIBUNAL'S FUGITIVES IN RUSSIA!
The Tribunal's Chief Prosecutor holds talks in Brussels with the North Atlantic Council and the EU High Representative for Foreign Affairs. The failure to arrest war crimes indictees is the "most significant obstacle" to the Tribunal's completion strategy and a "disgrace" for the authorities of the countries harboring them. Will the Vukovar Three - three former JNA officers - be tried in Croatia?
TRIBUNAL WILL NOT CHANGE ITS “JUDICIAL TEAM” UNTIL THE END OF ITS MANDATE
The UN General Assembly confirms the twelve permanent judges currently sitting in the Tribunal’s chambers in The Hague for another term. Uncertainty over the composition of the Trial Chambers hearing cases as the Tribunal’s mandate draws to a close – from November 2005 until November 2009 – is removed.
SERBIA-MONTENEGRO CHALLENGES UN SECURITY COUNCIL
Belgrade’s refusal to arrest and surrender the war crimes indictees, in Carla Del Ponte’s opinion, is not a challenge thrown to the Tribunal and its Office of the Prosecutor, but to the UN Security Council. It is now up to the Security Council to decide what to do.
PROSPER: “GENERALS MUST GO TO THE HAGUE!”
American ambassador-at-large for war crimes issues Pierre Richard Prosper indicates that the Tribunal may continue its work after the 2008 deadline. After Del Ponte submitted “one of the worst reports so far” about the cooperation of the Belgrade authorities with The Hague to the Security Council, Washington has withdrawn its support for the trials in Belgrade and now insists that the “generals must go to The Hague”
DEL PONTE URGES THE FUGITIVES TO “HURRY UP WITH THEIR SURRENDER”
In her address before the Council for the Implementation of Peace in BH, Tribunal’s Chief Prosecutor warned the fugitives that, with every day they delay the surrender, their chance of being tried before domestic courts and being held in domestic prisons grows ever greater. Karadzic, Mladic and Gotovina are the “priorities in 2005.” New indictments will be “a new challenge for the BH authorities”
LAST ICTY INDICTMENT “NO CAUSE FOR CELEBRATION”
OTP spokesperson Florence Hartmann notes that the last ICTY indictment does not spell the end for the prosecution of war criminals, because local judiciaries will take over
DEL PONTE WILL NOT GO TO SREBRENICA WITHOUT KARADZIC AND MLADIC
In an interview with the Swiss magazine L’Hebdo, Carla Del Ponte says she hopes to mark the 10th anniversary of the Srebrenica massacre “in The Hague, in the presence of Karadzic and Mladic”. If they are not arrested by then, Del Ponte “will not attend any official commemoration, as a sign of protest”
THE BRIJUNI TRANSCRIPTS AUTHENTICATED – HARADINAJ REPRIMANDED
OTP gave a copy of the Brijuni transcripts to the prosecutor's office in Zagreb to help verify their authenticity. Ramush Haradinaj was warned he had broken the communication regime in the UN Detention Unit
WHERE TO REFER FOCA TRIALS?
At the hearing to discuss the Prosecutor's application to refer the trial for crimes in Foca to the judiciary of Bosnia and Herzegovina, defense counsel of the accused expressed concern about possible difficulties in preparing the defense. Serbia and Montenegro seeks a referral to its own courts
WILL THE TRIALS BE COMPLETED IN 2008
"It is not feasible to envisage the end of trials activities at the Tribunal by the end of 2008," as the UN Security Council has ordered, ICTY President Theodor Meron says in his regular report. The possibility of constructing a fourth courtroom is being considered
At the seventh diplomatic seminar at the ICTY, Chief Prosecutor spoke about why she would not be going to Srebrenica and why the ten fugitives from international justice pose a threat to the successful implementation of the Tribunal's completion strategy
SENSE PRESENTS TWO NEW FILMS
Two new films produced by SENSE agency, directed by Lazar Stojanovic, were premiered last night in The Hague: Rise and Fall of General Mladic and Life and Deeds of Radovan Karadzic
CAREFUL WITH THE WORD "VICTIMS”
After recent claims about more than 3,500 Serb casualties in Srebrenica, Carla del Ponte's spokesperson notes that in a criminal investigation context "military or police casualties from combat should not be considered victims…in the same way people are victims of war crimes, such as summary executions." Del Ponte will go to Potocari "as soon as Karadzic and Mladic are arrested."
PAINFUL FOR THE PROSECUTOR, SHAMEFUL FOR SERBIA, BH AND THE WORLD
Carla Del Ponte is not ruling out the possibility that some parts of the international community would want some fact to remain hidden and that not everyone has an interest in bringing Karadzic and Mladic to The Hague. The results of the Tribunal's work must be used to promote long-term stability in South-east Europe. The European Union should play a special role
TRIBUNAL'S LIFE SPAN DEPENDS ON KARADZIC AND MLADIC
Carla Del Ponte expects Karadzic and Mladic to arrive in The Hague by the end of the year and urges Croatia to make a more decisive effort to arrest Gotovina
ARRESTS DEPEND ON GOOD WILL, COOPERATION AND COORDINATION
The Office of the Prosecutor talks to “all those who can help it” in locating the fugitive indictees, OTP spokesperson says. The Vatican could assist in determining the exact location of Gotovina, just as the Serbian Orthodox Church could assist in locating Karadzic. Kostunica has two weeks to keep his promise that Mladic would be in The Hague by 5 October 2005
SESELJ, STANISIC, SIMATOVIC AND MARTIC TO BE TRIED SEPARATELY
The Trial Chamber denies the prosecution motion to join the cases against Vojislav Seselj, Jovica Stanisic, Franko Simatovic and Milan Martic and to try them together
LJAJIC DENIES RUMORS ABOUT SURRENDER TALKS WITH MLADIC
After a "working meeting" with Chief Prosecutor Carla del Ponte, president of the SaM National Council for Cooperation with the ICTY, denies rumors that the Serbian authorities are in talks with the fugitive general. Del Ponte will submit her report to the UN Security Council on 15 December 2005; why is it important?
JUDGES WHO WILL CLOSE DOWN THE TRIBUNAL
The fourth four-year term of office begins today for the 16 permanent ICTY judges
BELGRADE NOT FULLY COOPERATING WITH THE OFFICE OF THE PROSECUTOR
Denying the speculations in the Belgrade media that the forthcoming report by Carla del Ponte to the Security Council would be positive, OTP spokesperson notes that in the past six months no progress has been made in terms of arrests and access to documents and witnesses
PROSECUTION UNHAPPY WITH "MLADIC'S PAPERS"
New pages from Ratko Mladic's personnel file do not contain any information about the accused general, says Anton Nikiforov, advisor of Carla del Ponte, announcing there would be a "critical assessment of the SaM cooperation" in the report Chief Prosecutor makes tomorrow. The prosecution is "considering options" after its application to re-open the case against Milosevic was dismissed. The application for the joinder of the cases against Gotovina, Cermak and Markac will be filed soon
DEL PONTE: BELGRADE COOPERATION DETERIORATES
In her address to the UN Security Council, ICTY Chief Prosecutor was critical of the cooperation on the part of Belgrade and UNMIK and the "cat-and-mouse game" the international community has been playing with Karadzic and Mladic. It is high time, Del Ponte concluded, for "the cats to stop suffering the ridicule of the mice"
POCAR: MAINTAIN PRESSURE ON SERBIA AND MONTENEGRO
In his first address to the UN Security Council as ICTY President, Judge Fausto Pocar gives an assessment of the cooperation by all the states in the region, calling for the pressure to be maintained on Serbia and Montenegro to deliver the remaining fugitives from international justice. The Tribunal's "expiry date" depends on Karadzic and Mladic. As Pocar stressed, "the Tribunal simply cannot close its doors until they have been brought to justice"
DEL PONTE: I WAS “MISLED” BY KOSTUNICA
ICTY Chief Prosecutor is disappointed by Prime Minister Kostunica’s failure to honor the commitments to deliver Mladic to The Hague by the end of April. She says she has been “misled” and that the information she received from Belgrade was either “wrong” or “misrepresented”
CARLA DEL PONTE CALLS ON THE EUROPEAN UNION TO GIVE CLEAR VIEWS ON MLADIC AND KARADZIC
ICTY Chief Prosecutor Carla Del Ponte met with Javier Solana and called upon the EU and the international community to give clear views on whether or not to continue pursuing Karadzic and Mladic. “If this is no longer a priority,” Del Ponte said, “let me know, so that we do not waste any more time and money…"
BAN KI-MOON WANTS KARADZIC AND MLADIC TO FACE JUSTICE
After his visit to the Tribunal where he talked to the judges, prosecutors and representatives of the Registry, the UN General Secretary urged the most responsible to make sure Karadzic and Mladic be tried in the Hague
BELGIUM: ANY CONCESSIONS TO BELGRADE WOULD HAVE "CATASTROPHIC CONSEQUENCES"
After his talks with the ICTY Chief Prosecutor Carla Del Ponte, Belgian Foreign Minister De Gucht says that many of his colleagues "have misanalysed the situation, believing that by making concessions on the issue of the surrender of Karadzic and Mladic they could get Serbia to take a softer stance towards Kosovo". In his view, it would be wrong and illogical to renew negotiations with Serbia. Belgrade's cooperation with the Tribunal "is now worse than it was before”, when the talks were suspended
CARLA DEL PONTE'S APPEAL TO ANGELA MERKEL
In a letter to Germany's Chancellor, ICTY Chief Prosecutor notes that the judgment of the International Court of Justice "must be supported and enforced". "For the sake of justice and the rule of law", she appeals to the European Union to remain firm in refusing to renew negotiations with Serbia until Mladic is arrested and brought to The Hague
DEL PONTE DENIES ALLEGED “DEAL” WITH BELGRADE
The ICTY Office of the Prosecution of the ICTY denies its involvement in ‘hiding of the documents’ as well as participation in ‘an agreement’ with Belgrade authorities by which the transcripts of the meetings of Supreme Defense Council remained not disclosed to the public and the International Court of Justice. Serbia was recently charged and tried for genocide in BH before that court
WHAT ARE “REASONABLE PROTECTIVE MEASURES”?
The Office of the Prosecutor does not contest the fact that it let it be known that it would not object to “reasonable protective measures” for the documents it requested from Belgrade. The OTP notes that the “application for the protective measures whose sole justification would be shielding the applicant from the responsibility before other court cannot be considered reasonable and would not be in accordance with the Tribunal’s Rules of Procedure and Evidence”. Will the OTP seek the revocation of the protective measures for the documents originating from the Supreme Defense Council?
ICTY PRESIDENT: TRIBUNAL HAS MORE WORK TO DO
Fausto Pocar, ICTY president, presented the 12 essential ‘residual functions’ the international tribunal would have to continue to perform even after the end of all trials and appellate proceedings. The primary task is to try the remaining fugitives from international justice who could be arrested after the Tribunal closes down
DEL PONTE WANTS HARSHER SENTENCES AND NO MORE ‘CHRISTMAS PRESENTS’
At her last press conference as the chief prosecutor, Carla del Ponte advocates the abandonment of the cross-examination of victims, harsher penalties for the accused and no more ‘Christmas presents’ as she called the provisional release of the accused. She sees the fact that Karadzic and Mladic are still fugitives from justice as ‘a personal disappointment, but not personal failure’
SREBRENICA MOTHERS VS. NETHERLANDS AND THE UN
Counsel for the Mothers of Srebrenica association and of the Dutch government deliver their arguments on the jurisdiction of the Dutch courts to hear the case brought by the association against the Dutch state and the United Nations. Both the Netherlands and the United Nations invoke their immunity, while Mothers of Srebrenica believe the immunity doesn’t relieve them of responsibility for failing to prevent the crime of genocide
HOLBROOK’S OLD CREATIVE AMBIGUITY
This is an excerpt from the transcript of The Fugitives, a documentary produced by SENSE in 2004, explaining how in July 1996 Holbrooke and Milosevic cut a deal to remove Radovan Karadzic from political and public life
NEW TIMETABLE FOR TRIBUNAL CLOSURE
All trials, including those that haven’t yet begun – such as the trial of Radovan Karadzic – should be completed by 31 December 2009 according to the latest resolution of the UN Security Council. After that date, only the Appeals Chamber of the Tribunal will continue to exist; there will be no trial chambers
TRIBUNAL’S SHELF LIFE
ICTY President Pocar, Judge Trexel and the accused Praljak and Coric have brought up the UN Security Council resolution extending the judges’ term of office until 31 December 2009 or until the completion of their trials, whichever date is earlier
JUDGE ROBINSON NEW ICTY PRESIDENT
At a plenary session, the ICTY judges have elected judges Patrick Robinson of Jamaica and O-Gon Kwon of South Korea as the president and vice-President of the Tribunal. In light of the deadlines set in the completion strategy, Robinson and Kwon are likely to be the last president and vice-president, at least in Tribunal’s present form
NEW JUDGES FOR FLORENCE HARTMANN AND VOJISLAV SESELJ
Judges Agius and Orie sitting in the Special Chamber hearing the case against the French journalist for contempt of court will be replaced by two Appeals Chamber judges, Guney and Daqun. Judge Agius has recused himself from the Trial Chamber hearing the contempt of court case against the Serbian Radical Party leader for disclosing the identity of protected witnesses
WHERE TO SPEND SUMMER RECESS
Jadranko Prlic, Berislav Pusic, Momcilo Perisic, Franko Simatovic, Vladimir Lazarevic and Mico Stanisic have been granted provisional release during the summer recess. The motion is still pending for Milan Lukic. Jovica Stanisic, Ivan Cermak, Slobodan Praljak, Milan Gvero, Stojan Zupljanin and Johan Tarculovski have seen their motions denied
BRAMMERTZ: CONTINUE POLICY OF CONDITIONALITY
‘Serbia’s cooperation with the Tribunal is not full’; ‘the policy of conditionality should be continued’ because it has yielded results, chief prosecutor Serge Brammertz told Dutch MPs. European commissioner for enlargement Stefan Füle thinks Serbia should be encouraged to progress towards integration, but he took on board Brammertz’s message that ‘Ratko Mladic and Goran Hadzic should be brought to justice’
TRANSCRIPTS OF DEAD PENITENTS’ TESTIMONY ADMITTED INTO EVIDENCE
In the case against the Serbian Radical Party leader Vojislav Seselj, the Trial Chamber decides to partially grant the prosecution motion and admits into evidence parts of the testimony Milan Babic gave at the Slobodan Milosevic trial. At the trial of Jovica Stanisic and Franko Simatovic, the statement and transcripts of Milan Deronjic’s evidence at the trials of Slobodan Milosevic and Momcilo Krajisnik were also admitted into evidence
RULES OF THE ROAD: NO GROUNDS FOR PROSECUTION OF GENERAL DIVJAK
Under the 1996 Rome Agreement, in 2003 the Tribunal’s prosecutors were asked by the Republika Srpska authorities to inspect the evidence supporting the allegations that General Divjak committed war crimes against prisoners of war. The OTP decided there was no prima facie case against General Jovan Divjak
TRIBUNAL’S GLOBAL LEGACY
A two-day international conference opens in The Hague on the Tribunal’s global legacy an its contribution to shaping global justice and the advancement of human rights
DUTCH SUPREME COURT CONFIRMS ‘ABSOLUTE IMUNITY’ OF UN
The Dutch Supreme Court has ruled that the UN cannot be summoned before any national court because the UN enjoys immunity. The Supreme Court handed down its decision on an appeal filed as a last recourse by the Mothers of Srebrenica association, which sued the UN and the UN Dutch Battalion for their alleged failure to prevent genocide in July 1995
TRIBUNAL’S TIMETABLE UNTIL THE END OF 2014
Tribunal’s President Theodor Meron presented the latest schedule for the work of the Tribunal until the end of 2014.The appellate judgment will be delivered to Gotovina and Markac in December 2012. The Trial Chambers will render their judgments to Vojislav Seselj in March 2013 and to Karadzic in December 2014. There is “a significant likelihood” that the judicial proceedings in the cases of Mladic and Hadzic will not be completed before the end of 2014
TRIBUNAL’S SUCCESS DEPENDS ON NATIONAL COURTS TAKING UP WAR CRIMES PROSECUTION
The Tribunal’s chief prosecutor Serge Brammertz is happy with the cooperation of Bosnia and Herzegovina, Serbia and Croatia with the Tribunal. Brammertz has nevertheless urged Sarajevo to complete the investigations and proceed to trial as soon as possible in the cases based on the evidence gathered and turned over to the BH courts by the OTP. Brammertz expects Belgrade to urgently deliver a report on the network that had helped Mladic and Hadzic evade international justice for so many years
TRIBUNAL’S 20 YEARS
Dutch king Willem Alexander and other distinguished guests attended the ceremony to mark the 20th anniversary of the International Criminal Tribunal for the former Yugoslavia. There were no representatives of the courts and prosecutors from the region. Absent were the members of the associations of victims for whom the Tribunal was established in the first place
What did the Tribunal’s president Theodor Meron complain about in a SENSE Agency report on the ceremony to mark the 20th anniversary of the International Criminal Tribunal for the former Yugoslavia?
“BOMBSHELL” AT THE TRIBUNAL
Danish media have published a private letter in which Judge Frederik Harhoff expresses his concern over the ‘change in the Tribunal’s course under the pressure of the military establishment of some influential countries’. According to the letter, the ICTY President Theodor Meron has succumbed to this pressure
A QUESTION FOR JUDGES: ‘AND WHAT HAVE YOU DONE?’
The Tribunal’s judges often ask witnesses ‘why didn’t you do something to prevent the crime?’. Would it be appropriate to ask the judges a similar question, following the allegations in Judge Harhoff’s letter that the ‘Tribunal changed its course under the pressure of the military establishments of some influential countries’?
TRIBUNAL’S STRATEGY: HEAD IN THE SAND
At the first press conference following the disclosure of the letter by Danish judge Harhoff, the two spokespersons, of the ICTY and OTP, kept saying ‘no comment’ in reply to all the questions that pertained to the allegations in the letter and its possible fallout
OTP WILL NOT JOIN THE DEBATE BUT…
Chief Prosecutor Brammertz feels ‘it is not appropriate’ for the Office of the Prosecutor to join the debate following Judge Harhoff’s letter about the series of recent acquittals, but he has called the Tribunal to ‘make allowance for valid criticism’. The OTP, however, will use ‘all remaining legal mechanisms’ and press for ‘just outcomes’ of the cases that would ‘properly reflect the culpability of accused persons’
MERON: TRIBUNAL’S FOUNDATIONS WILL RESIST ‘TIDE OF PUBLIC OPINION’
In his speech at the ceremony marking the launch of The Hague branch of the so-called Mechanism for the International Criminal Tribunals, President Meron made reference to the criticisms the Tribunal has faced recently, noting that the ‘the tides of public opinion may shift and sway, but the foundations built by the ICTY and the ICTR […] remain unshakeable
WHERE IS THE TRIBUNAL HEADING FOR?
“Presumption of infallibility”, enjoyed by the appellate judges in the absence of a higher instance for the review of their judgments, should not shield them against public expressions of concern, criticism and protests against the ‘new course’ that they have plotted for the Tribunals in The Hague and in Arusha over the past few months
INSTEAD OF RESIGNATION, MERON OFFERS VICTIMS ‘NEW CHAPTER’
Last month, the representatives of the 15 victims’ associations from Bosnia and Herzegovina sent a letter to judge Meron calling for his resignation. This week they came to The Hague to talk to the Tribunal’s officials and get the response to their demand
MORALE SLUMP AT THE TRIBUNAL
Devastating results of a survey on the morale among the Chambers (Associate) Legal Officers. They criticize the President of the Tribunal and his office for being unfair, lacking transparency, nepotistic, arrogant, using double standards, and constantly changing the rules...
HOW TO RESTORE MORALE AT TRIBUNAL
An initiative has been launched to discuss at the plenary session the causes and consequences of the slump of the morale, quandaries and discontent of the Tribunal’s staff, revealed in a recent survey among the legal officers in the Chambers
DUTCH RESPONSIBLE FOR DEATHS OF THREE SREBRENICA MEN
After 10 years, the lawsuit launched by the Nuhanovic and Mustafic families against the Dutch state was brought to a close today when the Dutch Supreme Court ruled in their favor. The families claimed that the Netherlands was responsible for the deaths of their relatives Ibro and Muhamed Nuhanovic and Riza Mustafic
INTERNAL MATTER OR PUBLIC INTEREST?
Even though the election of the new president has been declared an ‘internal matter for the Tribunal', it is an open secret that for the first time there will be two separate presidential tickets. At the plenary session on 1 October, the judges will choose either for the incumbent president and vice-president, Meron and Agius, or for the challengers, Kwon and Orie
TWO TICKETS, FOUR CANDIDATES
At the forthcoming elections, the incumbents, President Meron and Vice-president Agius, will be challenged by the Kwon and Orie ticket. All four are among the most experienced judges and in normal circumstances, it would not matter which one of them is the “first among equals”
UNPREDICTABLE OUTCOME OF THE HAGUE 'CONCLAVE’
The factors that may influence the outcome: the electoral body, cumulation of presidential functions, dissatisfaction of the Chambers Legal Officers with the way the Tribunal is managed, unwritten rule of alternating legal systems and, last but not least, the age of candidates
A PROPER LESSON TO ‘OLDER BROTHER’
Charles Taylor’s judgment rendered last week by the Special Court for Sierra Leone was a real lesson for its ‘older brother’, the International Criminal Tribunal for the former Yugoslavia
JUDGE MERON’S THIRD PRESIDENTIAL TERM OF OFFICE
The first ‘multi-party’ presidential elections ended with the victory for the incumbent president Meron. Twelve permanent judges voted for Judge Meron, and his opponent, Judge Kwon, got six votes
TRIBUNAL’S 20TH ANNIVERSARY IN SARAJEVO
A regional conference will be held on 26 and 27 November 2013 in Sarajevo to mark the 20th anniversary of the Tribunal in The Hague. Representatives of the victims’ associations from BH have talked to the Tribunal’s President and the Chief Prosecutor
TOGOLESE JUDGE ELECTED TO TRIBUNAL’S APPEALS CHAMBER
By a large margin, the UN General Assembly elected Koffi Afande from Togo as a new judge in the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia
TRIBUNAL’S PRESIDENT IN PRIJEDOR AND SARAJEVO
Next week, President Theodor Meron will take part in a conference in Sarajevo to mark the 20th anniversary of the International Criminal Tribunal for the former Yugoslavia. He will also visit the mass grave in Tomasica and the former prison camp Omarska near Prijedor
PROSECUTION CONCERNED BECAUSE OF RELEASE OF CONVICTS FROM BH PRISONS
The Tribunal’s Office of the Prosecutor is ‘concerned’ because of the release from prisons in BH of ten persons convicted of war crimes during the war in Jajce and Capljina and of the genocide in Srebrenica
DUTCH MINISTER ‘SHOCKED’ AT RELEASE OF WAR CRIMINALS
Minister Timmermans deplores the fact that the BH authorities didn’t take more time to consider how to apply the judgment of the European Court of Human Rights without releasing the convicted persons. He has called on the BH authorities to prevent the release of other war criminals and to make sure that those who have already been convicted will serve their sentences
SARAJEVO CONFERENCE: ODE TO TRIBUNAL OR REQUIEM FOR JUSTICE?
The conference in Sarajevo to mark the 20th anniversary of the International Criminal Tribunal for the former Yugoslavia was marked by President Theodor Meron’s effort to glorify the Tribunal’s achievements and by the protests and criticism, directed less at the Tribunal itself and more to its President. His recent changes of course over the last two years ‘have endangered the credibility’ of the Tribunal, some participants have said
DEFENSE LAWYERS ON TRIBUNAL’S LEGACY
The Association of the Defense Counsels organized a conference on the legacy of the Tribunal in The Hague. The Tribunal’s President Meron noted at the beginning that although many people don’t agree with the recent appellate judgments, in his view, the judgments show the value of a fair trial. In the opinion of some defense counsels, the recent acquittals show that ‘the Appeals Chamber has only now started rendering fair judgments’
BRAMMERTZ: APPEALS JUDGMENT FOR KOSOVO ‘ON TRACK’
The Tribunal’s chief prosecutor Serge Brammertz has given an exclusive statement to the SENSE Agency TV program, TV Tribunal. Brammertz highlighted the importance of the Appeals Chamber’s finding in the case against the Kosovo Four: the judges concluded that the ‘specific direction’ of actions to the commission of crimes wasn’t an element of aiding and abetting. ‘We are pleased that the jurisprudence is again somehow on track’, said Brammertz
TRIBUNAL REPORTS TO UN SECURITY COUNCIL
The Tribunal's president Theodor Meron and its chief prosecutor Serge Brammertz presented their half-year reports about the Tribunal’s work. President Meron highlighted the ‘special challenges’ the Tribunal faced in the case against Vojislav Seselj. Chief prosecutor Brammertz stressed ‘little commitment by the responsible institutions to prioritise war crimes investigations and prosecutions’
HOLLAND LIABLE FOR DEATHS OF MORE THAN 300 SREBRENICA MEN
Holland is liable for the killing of more than 300 men from Srebrenica, the District Court in The Hague has ruled in a suit filed by the families of the Srebrenica victims
SENSE – SREBRENICA DOCUMENTATION CENTER OPENED
SENSE, working together with the Memorial Center in Potocari, has founded the Srebrenica Documentation Center. The purpose is to show how the events in July 1995 were investigated, reconstructed and prosecuted before the International Criminal Tribunal for the former Yugoslavia
PHOTO GALLERY: OPENING OF THE DOCUMENTATION CENTRE SREBRENICA
VIDEO: OPENING OF THE DOCUMENTATION CENTRE SREBRENICA
MERON WILL VISIT BH CRIME SCENES
In late November 2014, Theodor Meron, the Tribunal’s President, will meet the victims of war in Bosnia and Herzegovina. Meron will visit Celebici, Uzdol and Sarajevo, the executions sites of Serbs, Croats and Bosniaks
PRESIDENT FOCUSES ON HEALTH, PROSECUTOR ON TRUST
Theodor Meron, the Tribunal’s President, and its chief prosecutor Serge Brammertz presented their regular bi-annual reports on the work of the Tribunal to the UN Security Council. In the President’s view, the detainees’ health is the main challenge. On the other hand, the prosecutor focused on the trust in the Tribunal that is "under strain". The chief prosecutor also mentioned many achievements that would remain the Tribunal’s legacy
‘SPECTER OF SREBRENICA’ STILL HAUNTING THE DUTCH
In the space of just two weeks, two Dutch military officers broke the twenty years of silence to speak about why there was no air support to the Dutch Battalion in Srebrenica in July 1995. Was the film containing the photos of nine men killed in Potocari ‘destroyed while it was being developed’ or was it simply ‘filed away' to cover up the fact that the Dutch knew about the crimes in Srebrenica on 13 July 1995?
WHAT WILL BE THE TRIBUNAL'S LEGACY?
If the legacy is that the actus reus of aiding and abetting liability is the need to prove the official’s specific direction of assisting or abetting the charged crimes, or to prove that the official was geographically close enough to the crime scenes to be aware of the criminal conduct... then the Yugoslav Tribunal will have guided future perpetrators of atrocity crimes, at the highest levels of the state and of the military, on how to avoid liability
'LIFE SENTENCE’ AT THE TRIBUNAL: HOW LONG DOES IT LAST?
In the decision denying General Stanislav Galic’s motion for early release, Theodor Meron, president of the Mechanism for International Tribunals, has specified for the first time the length of time lifers have to serve before being considered for early release
EXHIBITION ON SREBRENICA IN ZAGREB
To mark the 20th anniversary of the genocide in Srebrenica, SENSE and Documenta - Center for Dealing with the Past, an NGO, presented an exhibition in the Klovicevi Dvori Gallery in Zagreb, showing a part of the permanent collection on display at the SENSE Documentation Center in Potocari: the audio and video presentations of the chronicles of the events in Srebrenica and a series of photographs taken during the mass grave exhumations by British forensic photographer Tim Loveless
INTERACTIVE NARRATIVE 'STORM IN THE HAGUE' OPENS IN ZAGREB
SENSE Centre for Transitional Justice presents a new project, following in the footsteps of the Srebrenica Documentation Center which opened last year. 'Storm in The Hague' is an interactive narrative presenting the key elements of the prosecution and defense cases on five fundamental and contentious issues at the trial of the Croatian generals charged with crimes during and after Operation Storm in August 1995
SREBRENICA IN BELGRADE
Audio visual presentation describing how the Srebrenica crimes were investigated, reconstructed and prosecuted at the ICTY, that constitute the permanent display of the SENSE Documentation Centre in Potočari, will be presented in Belgrade next week
ALL WAR CRIMINALS ARE EQUAL BUT SOME ARE MORE EQUAL THAN OTHERS
There is an unwritten rule when it comes to granting early release to persons convicted of war crimes after they have served two thirds of their sentence. How is it applied by the tribunals for the former Yugoslavia and Rwanda and by the Special Court for Sierra Leone?
BELGRADE ON SREBRENICA GENOCIDE MAP
SENSE Center for Transitional Justice has produced an audio visual presentation, which has now been exhibited in the Center for Cultural Decontamination in Belgrade. In a brief and systematic way, the presentation shows the key facts about the Srebrenica genocide adjudicated by the Tribunal in The Hague. The work has been exhibited in collaboration with the Humanitarian Law Center in Belgrade and the SENSE Center for Transitional Justice in Pula
JUDGE AGIUS – TRIBUNAL’S NEW PRESIDENT, JUDGE LIU VICE-PRESIDENT
Judge Carmel Agius from Malta was appointed president of the Tribunal and his Chinese colleague Liu Daqun was elected vice-president. The president and the vice-president – most likely the last judges to hold the posts – were elected for the period of two years. Their term of office will begin on 17 November 2015
DAVID SCHWENDIMAN: LESSONS LEARNED FROM ICTY’S KOSOVO CASES
Chief prosecutor and Registrar of a newly established international tribunal in The Hague held their first press conference today. The tribunal will prosecute war crimes and crimes against humanity committed in the period from 1998 to the end of 2000 in Kosovo and parts of Albania along the border
NARRATIVE ON DESTRUCTION OF CULTURAL HERITAGE PRESENTED
The interactive narrative Targeting History and Memory was presented last week in the Historical Museum of Bosnia and Herzegovina in Sarajevo and the Mimara Museum in Zagreb. The narrative was produced by SENSE-Centre for Transitional Justice.
FINAL ARGUMENTS AT RATKO MLADIC’S TRIAL
From 5 to 15 December, the prosecution and defense will present their final arguments at the trial of the former VRS Main Staff commander, who faces charges of genocide, war crimes and crimes against humanity in the war in BH, from 1992 to 1995
TARGETING HISTORY AND MEMORY IN BELGRADE AND PODGORICA
The latest interactive narrative produced by the SENSE Center for Transitional Justice premiered last week in Belgrade, in association with the Humanitarian Law Center, and in Podgorica, in association with the Civic Education Center. The narrative deals with the destruction of cultural heritage in the wars in Croatia, Bosnia Herzegovina and Kosovo
NARRATIVE TARGETING HISTORY AND MEMORY PRESENTED IN KOSOVO
After Sarajevo, Zagreb, Belgrade and Podgorica, the interactive narrative Targeting History and Memory was presented last week in Kosovo in two events, in Priština and in the Visoki Dečani monastery
ICTY WANTS INTERPOL TO ISSUE RED NOTICE FOR INDICTED RADICAL PARTY MEMBERS
The Trial Chamber hearing the case of against the three Serbian Radical Party members indicted for contempt of court has ordered the ICTY Registry to seek Interpol’s assistance in a bid to put a stop to the obstruction of justice on the part of the accused and the Serbian authorities
Zagreb is the first city to host the exhibition on the destruction of historical, cultural and religious monuments in the wars in the former Yugoslavia. The exhibition, based on the interactive narrative, Targeting History and Memory, will later be shown in other cities
"TARGETING MONUMENTS" IN BELGRADE
After Zagreb, Targeting Monuments, the exhibition chronicling the destruction of historical, cultural and religious heritage, has arrived in Belgrade
BRAMMERTZ SOUNDS ALARM ABOUT WESTERN BALKANS DEVELOPMENTS
In his regular biannual report to the UN Security Council, the Tribunal’s Chief Prosecutor warns that the region is heading in the wrong direction, adding that “irresponsible officials use division, discrimination and hate to secure power”. The situation, he said, is reminiscent of the events that led to the war two and a half decades ago
TARGETING MONUMENTS: EXHIBITION OPENS IN SARAJEVO
Judge Carmel Agius, president of the International Criminal Tribunal for the former Yugoslavia, opened the exhibition Targeting Monuments -Targeting History and Memory in the History Museum in Sarajevo. The exhibition deals with the destruction of cultural heritage in the wars in BH, Croatia and Kosovo
INTERACTIVE NARRATIVE “ICTY: THE KOSOVO CASE” PRESENTED TO THE PUBLIC
The most recent interactive narrative produced by SENSE – Transitional justice center was presented to the public in Prishtina. It explains how the International Criminal Tribunal for the Former Yugoslavia investigated, reconstructed and prosecuted the crimes committed in Kosovo in 1998 and 1999
SENSE DOCUMENTATION CENTER OPENS IN PULA
Opening ceremony for the SENSE documentation center for transitional justice was held in Pula in the presence of Serge Brammertz, the Chief Prosecutor of the ICTY and the war crimes prosecutors from Croatia, B-H and Serbia, representatives of the City of Pula and numerous guests from the region and the world.
BOSNIA AND THE DESTRUCTION OF IDENTITY
'The brutality of the war in Bosnia-Herzegovina shocked a generation and was a conflict whose far-reaching impact continues to influence policy-makers today. The enormous devastation was to become a seminal marker in the discourse on cultural heritage and prompted an urgent reassessment of how cultural property could be protected in times of conflict' said Helen Walasek at the Conference 'The Destruction Of Cultural Heritage, Post-War Reconstruction And Trust Building' held in Pula
SENSE IN MOSTAR AND AHMIĆI
Within the goodwill mission of Croatian and Serbian human rights activists, who paid respect to the victims of the wars in Mostar and Ahmići, SENSE Transitional Justice Center presented its interactive narrative about the destruction of cultural, historical and religious monuments during the wars in former Yugoslavia.
EXHIBITION „TARGETING MONUMENTS“ OPENS IN THE HAGUE
The exhibition displaying the destruction of cultural heritage in the former Yugoslavia opens in The City Hall. It is ''an excellent example of how the legacy of the ICTY must and will remain relevant and impactful well beyond the closure of the Tribunal”, said Judge Carmel Agius
JUDGE AGIUS REMARKS AT THE OPENING OF EXHIBITION
I feel very privileged to have been invited to open this exceptional exhibition, here at The Hague City Hall. This especially after I was honoured with the same invitation in June last year, when this exhibition was opening in Sarajevo, BiH.
DOCUMENTING THE CRIME, HONOURING THE VICTIMS
To mark the anniversary of the massacre in which the villagers of Ahmići in the Central Bosnia were killed in April 1993, SENSE center and the History Museum of B-H have organized exhibitions featuring the photographs taken at the crime scene by the British military photographer Giles Penfound
NARRATIVE „TARGETING HISTORY AND MEMORY“ PRESENTED IN BANJA LUKA
Narrative „Targeting history and memory – ICTY and the destruction of cultural and religious heritage“ was presented to the public, followed by a discussion, at the Music pavilion Staklenac in Banja Luka. It was organized by SENSE – TJC from Pula and Banja Luka's civil society organisations Impulsportal and ALK. The panel of speakers included Sead Pašić, Frano Piplović, Srđan Šušnica, Slobodan Rašić Bobara, Dražen Crnomat and Mirko Klarin. Following text is an extract from the article written by Srđan Šušnica for avangarda.ba
SKILLFUL RESEARCH FOR RELIABLE REPORTING
SENSE Center in Pula organized a workshop for journalists from the region instructing them about the methods of research and sharing its experience in gathering facts established in Tribunal's proceedings
COMPLETION OF THE THE PROJECT « TARGETING HISTORY AND MEMORY »
The project « Targeting History and Memory » was funded with the support of the European Union under the Programme "Europe for Citizens" in Strand 1 – European Remembrance
COMPLETION OF THE PROJECT TARGETING HISTORY AND MEMORY
With a series of activities – exhibitions, presentations, an international conference, a seminar and a study trip carried out throughout 2016, 2017 and 2018 - the project “Targeting History and Memory”, supported by EU Program Europe for Citizens has been successfully completed. The project is based on an interactive narrative with the same name and has engaged five civic organizations from Croatia (Documenta, SENSE Center) Serbia (Humanitarian Law Center), Bosnia and Herzegovina (History Museum of BH) and The Netherlands (Europa Nostra)
ETHNIC TREASURE STAINED BY ETHNIC VIOLENCE – NEW EXHIBITION AT SENSE CENTER
American artists painted onto illustrations of ethnic constumes infecting them with visual references to violence. ''This project is my response to the materials I have been studying in the archives of SENSE“, explained Rajkamal Kahlon
INTERNATIONAL YOUTH SUMMER CAMP IN SENSE PULA CENTER
The participants of the Summer camp for the young people working with the young to advance the culture of remembrance and dealing with the past learned about the work of SENSE news agency and documentation center
NEW INTERACTIVE NARRATIVE ON THE NEW SENSE CENTER WEBSITE
Interactive narrative “Ahmići: 48 hours of ashes and blood” will be accessible at the new web site of SENSE Center for Transitional Justice from 16 April 2019.