Aleksovski Prosecutor v. Aleksovski, Judgment, Case No. IT-95-14/1-A, Appeals Chamber, 24 March 2000 (Aleksovski Appeals Chamber judgment)

Transcription

1 I NTERNATIONAL C RIMINAL T RIBUNAL FOR THE FORMER Y UGOSLAVIA Aleksovski Prosecutor v. Aleksovski, Judgment, Case No. IT-95-14/1-A, Appeals Chamber, 24 March 2000 (Aleksovski Appeals Chamber judgment) Blagojević and Jokić Prosecutor v. Blagojević and Jokić, Judgment, Case No. IT T, Trial Chamber I, 27 January 2005 (Blagojević and Jokić Trial Chamber judgment) Prosecutor v. Blagojević and Jokić, Judgment, Case No. IT A, Appeals Chamber, 9 May 2007 (Blagojević and Jokić Appeals Chamber judgment) Blaškić Prosecutor v. Blaškić, Judgment, Case No. IT T, Trial Chamber I, 3 March 2000 (Blaškić Trial Chamber judgment) Prosecutor v. Blaškić, Judgment, Case No. IT A, Appeals Chamber, 29 July 2004 (Blaškić Appeals Chamber judgment) Brđanin Prosecutor v. Brđanin, Judgment, Case No. IT T, Trial Chamber II, 1 September 2004 (Brđanin Trial Chamber judgment) Prosecutor v. Brđanin, Decision on interlocutory appeal, Case No. IT R77, Appeals Chamber, 19 March 2004 Prosecutor v. Brđanin, Judgment, Case No. IT A, Appeals Judgment, 3 April 2007 (Brđanin Appeals Chamber judgment) Prosecutor v. Brđanin, Separate opinion of Judge Meron, Case No. IT A, Appeals Chamber, 3 April 2007 (Separate opinion Judge Meron) Đorđević Prosecutor v. Đorđević, Judgment, Case No. IT-05-87/1-T, Trial Chamber II, 23 February 2011 (Đorđević Trial Chamber judgment) Furundžija Prosecutor v. Furundžija, Judgment, Case No. IT-96-17/1-A, Appeals Chamber, 21 July 2000 (Furundžija Appeals Chamber judgment) xvii

2 Gotovina et al. Prosecutor v. Gotovina et al., Judgment, Case No. IT T, Trial Chamber I, 15 April 2011 (Gotovina et al. Trial Chamber judgment) Hadžihasanović Prosecutor v. Hadžihasanović, Decision on interlocutory appeal challenging jurisdiction in relation to command responsibility, Case No. IT AR72, Appeals Chamber, 16 July 2003 Haradinaj et al. Prosecutor v. Haradinaj et al., Judgment, Case No. IT T, Trial Chamber I, 3 April 2008 (Haradinaj et al. Trial Chamber judgment) Jelisić Prosecutor v. Jelisić, Judgment, Case No. IT T, Trial Chamber I, 14 December 1999 (Jelisić Trial Chamber judgment) Prosecutor v. Jelisić, Judgment, Case No. IT A, Appeals Chamber, 5 July 2001 (Jelisić Appeals Chamber judgment) Karadžić Prosecutor v. Karadžić, Third amended indictment, Case No. IT-95-5/18-PT, 27 February 2009 Prosecutor v. Karadžić, Judgment, Case No. IT-95-5/18-T, Trial Chamber III, 28 June 2012 (Karadžić Trial Chamber Rule 98bis judgment) Prosecutor v. Karadžić, Judgment, Case No. IT-95-5/18-AR98bis.1, Appeals Chamber, 11 July 2013 (Karadžić Appeals Chamber Rule 98bis judgment) Kordić and Čerkez Prosecutor v. Kordić and Čerkez, Judgment, Case No. IT-95-14/2-T, Trial Chamber III, 26 February 2001 (Kordić and Čerkez Trial Chamber judgment) Prosecutor v. Kordić and Čerkez, Judgment, Case No. IT-95-14/2-A, Appeals Chamber, 17 December 2004 (Kordić and Čerkez Appeals Chamber judgment) Krajišnik Prosecutor v. Krajišnik, Judgment, Case No. IT T, Trial Chamber I, 27 September 2006 (Krajišnik Trial Chamber judgment) Prosecutor v. Krajišnik, Judgment, Case No. IT A, Appeals Chamber, 17 March 2009 (Krajišnik Appeals Chamber judgment) xviii

3 Krnojelac Prosecutor v. Krnojelac, Judgment, Case No. IT A, Appeals Chamber, 17 September 2003 (Krnojelac Appeals Chamber judgment) Krstić Prosecutor v. Krstić, Judgment, Case No. IT T, Trial Chamber I, 2 August 2001 (Krstić Trial Chamber judgment) Prosecutor v. Krstić, Judgment, Case No. IT A, Appeals Chamber, 19 April 2004 (Krstić Appeals Chamber judgment) Kunarac et al. Prosecutor v. Kunarac et al., Judgment, Case No. IT and IT-96-23/1-A, Appeals Chamber, 12 June 2002 (Kunarac et al. Appeals Chamber judgment) Kupreškić et al. Prosecutor v. Kupreškić et al., Judgment, Case No. IT T, Trial Chamber II, 14 January 2000 (Kupreškić et al. Trial Chamber judgment) Kvočka et al. Prosecutor v. Kvočka et al., Judgment, Case No. IT-98-30/1-A, Appeals Chamber, 28 February 2005 (Kvočka et al. Appeals Chamber judgment) Limaj et al. Prosecutor v. Limaj et al., Judgment, Case No. IT T, Trial Chamber II, 30 November 2005 (Limaj et al. Trial Chamber judgment) Martić Prosecutor v. Martić, Judgment, Case No. IT T, Trial Chamber I, 12 June 2007 (Martić Trial Chamber judgment) Prosecutor v. Martić, Judgment, Case No. IT A, Appeals Chamber, 8 October 2008 (Martić Appeals Chamber judgment) Milošević Prosecutor v. Milošević, Decision on motion for judgment of acquittal, Case No. IT T, Trial Chamber I, 16 June 2004 (Milošević Rule 98bis decision) xix

4 Milutinović et al. Prosecutor v. Milutinović et al., Decision on Dragoljub Ojdanić s motion challenging jurisdiction Joint Criminal Enterprise, Case No. IT AR72, Appeals Chamber, 21 May 2003 Mrkšić et al. Prosecutor v. Mrkšić et al., Judgment, Case No. IT-95-13/1-T, Trial Chamber II, 27 September 2007 (Mrkšić et al. Trial Chamber judgment) Mucić et al. Prosecutor v. Mucić et al., Judgment, Case No. IT A, Appeals Chamber, 20 February 2001 (Mucić et al. Appeals Chamber judgment) Nikolić Prosecutor v. Nikolić, Review of the indictment pursuant to Rule 61 of the Rules of Procedure and Evidence, Case No. IT-94-2-R61, Trial Chamber, 20 October 1995 (Nikolić Rule 61 decision) Popović et al. Prosecutor v. Popović et al., Judgment, Case No. IT T, Trial Chamber II, 10 June 2010 (Popović et al. Trial Chamber judgment) Stakić Prosecutor v. Stakić, Judgment, Case No. IT T, Trial Chamber II, 31 July 2003 (Stakić Trial Chamber judgment) Prosceutor v. Stakić, Judgment, Case No. IT A, Appeals Chamber, 22 March 2006 (Stakić Appeals Chamber judgment) Stanišić and Simatović Stanišić and Simatović, Judgment, Case No. IT T, Trial Chamber I, 30 May 2013 (Stanišić and Simatović Trial Chamber judgment) Tadić Prosecutor v. Tadić, Judgment, Case No. IT-94-1-T, Trial Chamber II, 7 May 1997 (Tadić Trial Chamber judgment) Prosecutor v. Tadić, Judgment, Case No. IT-94-1-A, Appeals Chamber, 15 July 1999 (Tadić Appeals Chamber judgment) xx

5 Tolimir Prosecutor v. Tolimir, Judgment, Case No. IT-05-88/2-T, Trial Chamber II, 12 December 2012 (Tolimir Trial Chamber judgment) Vasiljević Prosecutor v. Vasiljević, Judgment, Case No. IT A, Appeals Chamber, 25 February 2004 (Vasiljević Appeals Chamber judgment) I NTERNATIONAL C RIMINAL T RIBUNAL FOR R WANDA Akayesu Prosecutor v. Akayesu, Judgment, Case No. ICTR-96-4-T, Trial Chamber I, 2 September 1998 (Akayesu Trial Chamber judgment) Bagilishema Prosecutor v. Bagilishema, Judgment, Case No. ICTR-95-1A-T, Trial Chamber I, 7 June 2001 (Bagilishema Trial Chamber judgment) Bagosora et al. Prosecutor v. Bagosora et al., Judgment, Case No. ICTR T, Trial Chamber I, 18 December 2008 (Bagosora et al. Trial Chamber judgment) Bizimungu et al. Prosecutor v. Bizimungu et al., Judgment, Case No. ICTR T, Trial Chamber II, 17 May 2011 (Bizimungu et al. Trial Chamber judgment) Gacumbitsi Prosecutor v. Gacumbitsi, Judgment, Case No. ICTR T, Trial Chamber III, 17 June 2004 (Gacumbitsi Trial Chamber judgment) Prosecutor v. Gacumbitsi, Judgment, Case No. ICTR A, Appeals Chamber, 7 July 2006 (Gacumbitsi Appeals Chamber judgment) Kajelijeli Prosecutor v. Kajelijeli, Judgment, Case No. ICTR-98-44A-T, Trial Chamber II, 1 December 2003 (Kajelijeli Trial Chamber judgment) xxi

6 Karemera et al. Prosecutor v. Karemera et al., Decision on Prosecutor s interlocutory appeal of decision on judicial notice, Case No. ICTR AR73(C), Appeals Chamber, 16 June 2006 (Karemera et al. judicial notice decision) Prosecutor v. Karemera et al., Judgment, Case No. ICTR T, Trial Chamber III, 2 February 2012 (Karemera et al. Trial Chamber judgment) Kayishema and Ruzindana Prosecutor v. Kayishema and Ruzindana, Judgment, Case No. ICTR-95-1-T, Trial Chamber II, 21 May 1999 (Kayishema and Ruzindana Trial Chamber judgment) Prosecutor v. Kayishema and Ruzindana, Judgment, Case No. ICTR-95-1-A, Appeals Chamber, 1 June 2001 (Kayishema and Ruzindana Appeals Chamber judgment) Musema Prosecutor v. Musema, Judgment, Case No. ICTR A, Trial Chamber I, 27 January 2000 (Musema Trial Chamber judgment) Nahimana et al. Prosecutor v. Nahimana et al., Judgment, Case No. ICTR T, Trial Chamber I, 3 December 2003 (Nahimana et al. Trial Chamber judgment) Prosecutor v. Nahimana et al., Judgment, Case No. ICTR A, Appeals Chamber, 28 November 2007 (Nahimana et al. Appeals Chamber judgment) Niyitegeka Prosecutor v. Niyitegeka, Judgment, Case No. ICTR T, Trial Chamber I, 16 May 2003 (Niyitegeka Trial Chamber judgment) Rutaganda Prosecutor v. Rutaganda, Judgment, Case No. ICTR-96-3-T, Trial Chamber I, 6 December 1999 (Rutaganda Trial Chamber judgment) Prosecutor v. Rutaganda, Judgment, Case No. ICTR-96-3-A, Appeals Chamber, 26 May 2003 (Rutaganda Appeals Chamber judgment) Semanza Prosecutor v. Semanza, Judgment, Case No. ICTR T, Trial Chamber I, 15 May 2003 (Semanza Trial Chamber judgment) Prosecutor v. Semanza, Decision, Case No. ICTR A, Appeals Chamber, 31 May 2000 xxii

7 Prosecutor v. Semanza, Separate opinion Judge Mohammed Shahabuddeen, Case No. ICTR A, Appeals Chamber, 31 May 2000 (Separate opinion Judge Shahabuddeen) Prosecutor v. Semanza, Judgment, Case No. ICTR A, Appeals Chamber, 20 May 2005 (Semanza Appeals Chamber judgment) Seromba Prosecutor v. Seromba, Judgment, Case No. ICTR T, Trial Chamber I, 13 December 2006 (Seromba Trial Chamber judgment) Prosecutor v. Seromba, Judgment, Case No. ICTR A, Appeals Chamber, 12 March 2008 (Seromba Appeals Chamber judgment) Simba Prosecutor v. Simba, Judgment, Case No. ICTR T, Trial Chamber I, 13 December 2005 (Simba Trial Chamber judgment) Prosecutor v. Simba, Judgment, Case No. ICTR A, Appeals Chamber, 27 November 2007 (Simba Appeals Chamber judgment) I NTERNATIONAL C RIMINAL C OURT Al-Bashir Prosecutor v. Al-Bashir, Decision on the Prosecution s application for a warrant of arrest against Omar Hassan Ahmad Al-Bashir, Case No. ICC-02/05-01/09, Pre-Trial Chamber I, 4 March 2009 (Al-Bashir first warrant of arrest decision) Prosecutor v. Al-Bashir, Separate and partly dissenting opinion Judge Anita Ušacka, Case No. ICC-02/05-01/09, Pre-Trial Chamber I, 4 March 2009 (Separate and partly dissenting opinion Judge Ušacka) Prosecutor v. Al-Bashir, Prosecution s application for leave to appeal the Decision on the Prosecution s application for a warrant of arrest against Omar Hassan Ahmed Al- Bashir, Case No. ICC-02/05-01/09, Office of the Prosecutor, 13 March 2009 Prosecutor v. Al-Bashir, Prosecution response to observations of Amicus Curiae in respect of the Prosecution s appeal against the Decision on the Prosecution s application for a warrant of arrest against Omar Hassan Ahmad Al-Bashir, Case No. ICC-02/05-01/ 09, Office of the Prosecutor, 6 July 2009 Prosecutor v. Al-Bashir, Judgment on the appeal of the Prosecutor against the Decision on the Prosecution s application for a warrant of arrest against Omar Hassan Ahmad Al-Bashir, Case No. ICC-02/05-01/09-OA, Appeals Chamber, 3 February 2010 Prosecutor v. Al-Bashir, Second decision on the Prosecution s application for a warrant of arrest, Case No. ICC-02/05-01/09-94, Pre-Trial Chamber I, 12 July 2010 (Al-Bashir second warrant of arrest decision) xxiii

8 Banda and Jerbo Prosecutor v. Banda and Jerbo, Corrigendum of the Decision on the confirmation of charges, Case No. ICC-02/05-03/ Corr-Red, Pre-Trial Chamber I, 7 March 2011 (Banda and Jerbo confirmation of charges decision) Bemba Gombo Prosecutor v. Bemba Gombo, Decision on the Prosecutor s application for a warrant of arrest against Jean-Pierre Bemba Gombo, Case No. ICC-01/05-01/08, Pre-Trial Chamber I, 10 June 2008 (Bemba warrant of arrest decision) Prosecutor v. Bemba Gombo, Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute on the charges of the Prosecutor against Jean-Pierre Bemba Gombo, Case No. ICC-01/05-01/08-424, Pre-Trial Chamber II, 15 June 2009 (Bemba confirmation of charges decision) Harun and Kushayb Prosecutor v. Harun and Kushayb, Decision on the Prosecution s application under Article 58(7) of the Statute, Case No. ICC-02/05-01/07, Pre-Trial Chamber I, 27 April 2007 (Harun and Kushayb decision on the application of Article 58(7)) Katanga and Ngudjolo Chui Prosecutor v. Katanga and Ngudjolo Chui, Decision on the confirmation of charges, Case No. ICC-01/04-01/07, Pre-Trial Chamber I, 30 September 2008 (Katanga and Chui confirmation of charges decision) Prosecutor v. Katanga, Judgment, Case No. ICC 01/04-01/ , Trial Chamber II, 8 March 2014 (Katanga Trial Chamber judgment) Prosecutor v. Ngudjolo Chui, Concurring opinion of Judge Christine van den Wyngaert, Case No. ICC-01/04-02/12, 18 December 2012 (Concurring opinion Judge van den Wyngaert) Lubanga Prosecutor v. Lubanga, Decision on the confirmation of charges, Case No. ICC-01/ 04-01/06-803, Pre-Trial Chamber I, 29 January 2007 (Lubanga confirmation of charges decision) Prosecutor v. Lubanga, Judgment, Case No. ICC 01/04-01/ , Trial Chamber I, 14 March 2012 (Lubanga Trial Chamber judgment) Prosecutor v. Lubanga, Separate opinion of Judge Adrian Fulford, Case No. ICC-01/ 04-01/ , 14 March 2012 (Separate opinion Judge Fulford) xxiv

9 Muthaura et al. Prosecutor v. Muthaura et al., Decision on the confirmation of charges pursuant to Article 61(7)(a) and (b) of the Rome Statute, Case No. ICC-01/09-02/ Red, Pre- Trial Chamber II, 23 January 2012 (Muthaura et al. confirmation of charges decision) Ruto et al. Prosecutor v. Ruto et al., Decision on the confirmation of charges pursuant to Article 61(7)(a) and (b) of the Rome Statute, Case No. ICC-01/09-01/11-373, Pre-Trial Chamber II, 23 January 2012 (Ruto et al. confirmation of charges decision) Situation in the Republic of Kenya Situation in the Republic of Kenya, Decision pursuant to Article 15 of the Rome Statute on the authorization of an investigation into the situation in the Republic of Kenya, Case No. ICC-01/09, Pre-Trial Chamber II, 31 March 2010 (Kenya authorization decision) Situation in the Republic of Kenya, Dissenting opinion Judge Hans Peter Kaul, Case No. ICC-01/09, Pre-Trial Chamber II, 31 March 2010 (Dissenting opinion Judge Kaul) S PECIAL C OURT FOR S IERRA L EONE Prosecutor v. Fofana and Kondewa, Dissenting opinion Judge Robertson, Case No. SCSL AR72(E), Trial Chamber, 31 May 2004 E UROPEAN C OURT OF H UMAN R IGHTS Scoppola v. Italy, Judgment, Appl. No /03, 17 September 2009 Cantoni v. France, Judgment, Appl. No /9122, 11 November 1996 D ECISIONS OF N ATIONAL C OURTS Mel Mermelstein v. The Institute for Historical Review, Superior Court of the State of California for the County of Los Angeles, Case No. C , 5 August 1985 Dutch Supreme Court, 29 October 1934, NJ 1934, 1673 m.nt. T. Dutch Supreme Court, 17 November 1981, NJ 1983, 84 m.nt. ThWvV Dutch Supreme Court, 15 April 1986, NJ 1986, 740 Dutch Supreme Court, 19 October 1994, NJ 1994, 50 m.nt. ThWvV Dutch Supreme Court, 22 December 2009, NJ 2010, 193 m.nt. PMe Dutch Supreme Court, 18 March 2008, NJ 2008, 209 xxv

10 I NTERNATIONAL T REATIES,CONVENTIONS AND S TATUTES Convention on the Prevention and Punishment of the Crime of Genocide, opened for signature 9 December 1948, 78 UNTS 277 (entered into force 12 January 1951) Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331 Statute for the International Criminal Tribunal for the former Yugoslavia, SC Res 827, UN SCOR, 48th sess, 3217th mtg, UN Doc. S/RES/827 (25 May 1993), as amended by SC Res 1877, UN SCOR, 64th sess, 6155th mtg, UN Doc. S/RES/1877 (7 July 2009) Statute for the International Criminal Tribunal for Rwanda, SC Res 955, UN SCOR, 49th sess, 3453rd mtg, UN Doc. S/RES/955 (8 November 1994) Rome Statute of the International Criminal Court, opened for signature 17 July 1998, 2187 UNTS 90 (entered into force 1 July 2002) Elements of Crimes, Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, 1st sess (ICC-ASP/1/3 and Corr.1) (3 10 September 2002) O THER DOCUMENTS Second Report on the Draft Code of Offences Against the Peace and Security of Mankind, 2 Yearbook of International Law Commission, UN Doc. A/CN.4/SerA/1984 Summary Records of the 1960 s Meeting, 1 Yearbook of International Law Commission 104, UN Doc. A/CN.4/SerA/1986 Report of the International Law Commission on the work of its forty-eighth session, UN Doc. A/51/10 (6 May-26 July 1996) Report of the International Commission of Inquiry on Violations of International Humanitarian Law and Human Rights Law in Darfur to the United Nations Secretary- General, SC Res 1564, UN Doc. S/2005/60 (18 September 2004) O NLINE RESOURCES Genocide in Darfur, United Human Rights Council, available online at Save Darfur, available online at xxvi