Legal Maxims: Summaries and Extracts from Selected Case Law

2018 ◽  
Author(s):  
Anna Buono ◽  
Anna Oriolo ◽  
Caterina Tuosto
Keyword(s):  
Case Law ◽  
Trial Chamber

The Prosecutor v. Radovan Karadžić, Chamber, Case No. IT-95-5/18-T Trial Chamber, Judgment, 24 March 2016The Prosecutor v. Vojislav Šešelj, Case No. IT-03-67-T, Trial Chamber III, Judgment, 31 March 2016The Prosecutor v. Mićo Stanišić and Stojan Župljanin, Case No. IT-08-91-A, Appeals Chamber Judgment, 30 June 2016...

Legal Maxims: Summaries and Extracts from Selected Case Law

2017 ◽  
Author(s):  
Anna Buono ◽  
Nadia Napoli ◽  
Anna Oriolo ◽  
Caterina Tuosto ◽  
Anna Vigorito
Keyword(s):  
Democratic Republic ◽  
Case Law ◽  
Trial Chamber ◽  
Republic Of The Congo ◽  
Appeal Decision

1.SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGOThe Prosecutor v. Mathieu Ngudjolo Chui, Case No. ICC-01/04-02/12-A, Appeals Chamber Judgment on the Prosecutor’s Appeal Decision of Trial Chamber II Entitled “Judgment Pursuant to article 74 of the Statute”, 27 February 2015The Prosecutor v. Thomas Lubanga Dyilo...

5 Obligations of International Organizations, 5.3 Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others , Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000

2016 ◽  
Author(s):  
van der Wilt Harmen
Keyword(s):  
International Organizations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Trial Chamber ◽  
Fundamental Rights ◽  
Former Yugoslavia ◽  
Judicial Assistance ◽  
Shed Light ◽  
Similar Issue

This commentary concerns a decision by the International Criminal Tribunal for the former Yugoslavia in the Simić case that addressed the question whether the Tribunal could issue binding orders to international organizations like SFOR (Stabilization Force). Following the Blaskić-precedent that decided on a similar issue in respect of states—and applying this precedent by analogy—the Chamber concluded that it was authorized to do so. The appearance and testimony of a SFOR-official was necessary in order to shed light on the alleged abduction of Mr Todorović prior to his surrender to the Tribunal. By summoning the witness to the court, the Chamber acknowledged that irregularities during pre-trial investigations might have procedural consequences. The commentary engages in a brief discussion of the case law of the Tribunal on the topic, noting that, while the Tribunal is not much concerned about state sovereignty, it takes the fundamental rights of accused seriously.

Legal Maxims: Summaries and Extracts from Selected Case Law

2019 ◽  
pp. 497-522
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Case Law ◽  
Trial Chamber ◽  
Cote D’Ivoire ◽  
Côte D'ivoire

1. SITUATION IN CÔTE D’IVOIRE The Prosecutor v. Laurent Gbagbo And Charles Blé Goudé, Case No. ICC-02/11-01/15, Trial Chamber I, Judgment, 19 July 2017 2. SITUATION IN DARFUR The Prosecutor v. Omar Hassan Ahmad Al-Bashir, Case No. ICC-02/05-01/09, Pre-Trial Chamber II, Decision, 6 July 2017...

Prosecutor v.Gacumbitsi: The New Definition for Prosecuting Rape Under International Law

2008 ◽  
Vol 8 (1-2) ◽  
pp. 55-85 ◽  
Author(s):  
Alison Cole
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Trial Chamber ◽  
International Criminal Law ◽  
Linkage Evidence ◽  
Apparent Contradiction ◽  
Definition Of

AbstractThe Gacumbitsi judgement of the Appeals Chamber of the International Criminal Tribunal for Rwanda is the first appellate case to address the apparent contradiction in the prior jurisprudence of the ad hoc Tribunals on the definition of rape. The Trial Chamber in the Akayesu judgement defined rape as a physical invasion of a sexual nature under coercive circumstances, whereas the later Appeals Chamber judgment of Kunarac introduced the requirement of consent. As well as addressing the role of consent in defining and proving rape at trial, the Appeals Chamber in Gacumbitsi also considered appeals of fact on specific allegations of rape, providing guidance on establishing crime base and linkage evidence to hold superiors responsible for rape under individual and command responsibility theory. After setting out the developments in the case law on the definition of rape, the author considers the contribution of the Gacumbitsi judgement, and argues that the Akayesu approach is most consistent with the framework of international criminal law.

Critique of the Mrkšić Trial Chamber (ICTY) Judgment: A Re-evaluation on Whether Soldiers Hors de Combat Are Entitled to Recognition as Victims of Crimes Against Humanity

2009 ◽  
Vol 8 (2) ◽  
pp. 247-296 ◽  
Author(s):  
Hansdeep Singh
Keyword(s):  
Case Law ◽  
Trial Chamber ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Human Rights Law ◽  
Civilian Population ◽  
Foreign Countries ◽  
Definition Of ◽  
Article 5

AbstractOn 27 September 2007, the Mrkšić Trial Chamber held that the unlawful killing of soldiers hors de combat ("out of the battle") did not entitle them to recognition as victims of crimes against humanity under Article 5 of the ICTY Statute. This article critically analyses the Court's mischaracterization of precedent, revealing both historical and contemporary support for a broader definition of "civilian population" under Article 5. Moreover, by looking at case law and statutes from Nuremberg, foreign countries, and international courts, a continuous pattern that encompasses soldiers hors de combat within the definition of "civilian population" begins to emerge. Ultimately, to validate the increasing role of international humanitarian and human rights law, international criminal law must provide greater protections for those most vulnerable, in this case, soldiers hors de combat.

scholarly journals The Parameters of Enslavement and the Act of Forced Marriage

2013 ◽  
Vol 13 (4) ◽  
pp. 895-915 ◽  
Author(s):  
Iris Haenen
Keyword(s):  
Sierra Leone ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Charles Taylor ◽  
Case Law ◽  
Trial Chamber ◽  
Forced Marriage ◽  
Sexual Slavery ◽  
Women And Girls ◽  
Definition Of

During several recent conflicts, such as the ones in Sierra Leone, Cambodia, Uganda and the Democratic Republic of Congo, women and girls – but sometimes also men and boys – were abducted and enslaved into so-called forced marriages. The Special Court for Sierra Leone issued several judgments in which it discussed the legal qualification of the act of forced marriage. In its most recent judgment, the trial judgment in the case against Charles Taylor, the Trial Chamber held that forced marriage amounts to sexual slavery. This article briefly discusses the relevant case law on forced marriage and examines the Trial Chamber’s conclusion in the Charles Taylor Judgement that forced marriage is a form of sexual slavery. For this purpose, the definition of enslavement is analysed and the parameters of this crime are set out. Building on the reasoning of the Trial Chamber in the Taylor case, the article concludes that forced marriage does indeed amount to a slavery crime and is best qualified as the broader crime of enslavement.

Legal Maxims: Summaries and Extracts from Selected Case Law

2018 ◽  
Author(s):  
Anna Buono ◽  
Anna Oriolo ◽  
Caterina Tuosto ◽  
Anna Vigorito
Keyword(s):  
Central African Republic ◽  
Case Law ◽  
Trial Chamber

1. SITUATION IN MALIThe Prosecutor v. Ahmad Al Faqi Al Mahdi, Case No. ICC-01/12-01/15, Trial Chamber VIII, Judgment, 27 September 20162. SITUATION IN THE CENTRAL AFRICAN REPUBLICThe Prosecutor v. Jean-Pierre Bemba Gombo, Case No. ICC-01/05-01/08-3343, Trial Chamber III, Judgment, 21 March 2016...

The First Judgment of the International Criminal Court (Prosecutor v. Lubanga): A Comprehensive Analysis of the Legal Issues

2012 ◽  
Vol 12 (2) ◽  
pp. 115-153 ◽  
Author(s):  
Kai Ambos
Keyword(s):  
International Criminal Court ◽  
Armed Conflict ◽  
International Criminal ◽  
Case Law ◽  
Trial Chamber ◽  
Criminal Court ◽  
Comprehensive Analysis ◽  
Legal Issues ◽  
Mental Element ◽  
Evaluation Of Evidence

On 14 March 2012, Trial Chamber I (hereinafter ‘the Chamber’) of the International Criminal Court (‘ICC’ or ‘the Court’) delivered the long awaited first judgment of the Court (‘the judgment’). This comment focuses exclusively on the legal issues dealt with in the judgment but pretends to do this comprehensively. It critically analyses the following five subject matters with the respective legal issues: definition and participation of victims; presentation and evaluation of evidence; nature of the armed conflict; war crime of recruitment and use of children under fifteen years (Article 8(2)(e)(vii) ICC Statute); and, last but not least, co-perpetration as the relevant mode of responsibility, including the mental element (Articles 25, 30). While this article follows the order of the judgment for the reader’s convenience and to better represent the judgment’s argumentative sequence, the length and depth of the inquiry into each subject matter and the respective issues depend on their importance for the future case law of the Court and the persuasiveness of the Chamber’s own treatment of the issue. The article concludes with some general remarks on aspects of drafting, presentation and referencing.

scholarly journals Constitutionalization of the Pre-trial Chamber concept

2019 ◽  
pp. 73-102
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Case Law ◽  
Trial Chamber ◽  
Constitutional Court ◽  
Criminal Proceedings

The Pre-trial Chamber was introduced in criminal proceedings as a new concept aimed at eliminating the excessive length of proceedings in the trial stage, and, at the same time, as a procedural remedy designed to meet the requirements of legality, celerity and fairness of criminal proceedings. The rules governing it have been repeatedly challenged by way of exceptions of unconstitutionality, some of the exceptions being allowed, with the consequent amendment of the legal reference texts. This study approaches the case-law of the Constitutional Court by which the constitutionalisation of this stage of the criminal proceedings was achieved, with the consequence of significant changes, inviting reflection on the new configuration of the Pre-trial Chamber, from the perspective of regulatory intent.

III.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW

2020 ◽  
pp. 453-474
Keyword(s):  
Central African Republic ◽  
Case Law ◽  
Trial Chamber

SITUATION IN THE CENTRAL AFRICAN REPUBLIC The Prosecutor v. Jean-Pierre Bemba Gombo, Case No. ICC-01/05-01/08 A, Appeals Chamber, Judgment, 8 June 2018 The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido, Case No. ICC-01/05-01/13, Trial Chamber VII, Decision, 17 September 2018...

Sign in / Sign up

Export Citation Format

Share Document