Cross-referencing: Chapter 15, pp. 917 et. seq.
International Criminal Tribunal for the Former Yugoslavia
Update to page 917: Former Bosnian Serb leader Radovan Karadžić was arrested in Serbia on July 21, 2008 and transferred to the International Criminal Tribunal for the Former Yugoslavia on July 30. He is charged with genocide, crimes against humanity and war crimes (grave breaches of the Geneva conventions of 1949 and violations of the laws or customs of war). His case is presently in the pre-trial phase. Given the timing of the arrest of Karadžić, the Tribunal has extended its completion strategy for trials to December 2009 [Security Council Resolution 1837 (2008)]. On July 18, 2008, the Security Council recognized in Resolution 1824 (2008) that the International Criminal Tribunal for Rwanda would also require an extension of its completion strategy to approximately December 2009 in order to complete its trials.
International Criminal Court
Update to page 919: With the accession of the Cook Islands as a State party on July 18, 2008, the Rome Statute now has 108 parties.
The International Criminal Court’s Prosecutor has opened investigations into four situations: three referred by States parties themselves (Uganda, Democratic Republic of Congo and Central African Republic) and one by the Security Council (Darfur, Sudan). Warrants of arrest have been issued in a number of specific cases, and four individuals (Thomas Lubanga Dyilo, Mathieu Ngudjolo Chui, Germain Katanga and Jean-Pierre Bemba Gombo), are currently in the ICC’s custody. On July 14, 2008, the Prosecutor requested Pre-Trial Chamber I to issue an arrest warrant for the President of Sudan, Omar Hassan Ahmad al-Bashir, with respect to the Darfur situation. In his Application, the Prosecutor stated that there are reasonable grounds to believe that al-Bashir bears criminal responsibility for genocide, crimes against humanity and war crimes committed in Darfur in the past five years. The Pre-Trial Chamber is currently reviewing the evidence. At this stage, the judges must determine whether there are reasonable grounds to believe that al-Bashir committed the alleged crimes. If they determine that there are such grounds, then they will decide on the best manner to ensure his appearance in court (for example, through the issuance of an arrest warrant). On November 20, 2008, the Prosecutor asked for the issuance of arrest warrants against rebels suspected of involvement in war crimes stemming from the September 29, 2007 attack on African Union peacekeepers at the Haskanita base in Darfur.
Update to page 939: The trial of the former President of Liberia, Charles Taylor, is currently ongoing at the Special Court for Sierra Leone, sitting in The Hague, Netherlands. The Special Court for Sierra Leone released its first two trial level judgments in mid-2007. In June 2007, the Trial Chamber II of the Special Court issued its judgment in the case of Prosecutor v. Brima, Kamara and Kanu, referred to as the Armed Forces Revolutionary Council (AFRC) case. This judgment was followed in August 2007 by Trial Chamber I’s judgment in the case of Prosecutor v. Fofana and Kondewa, known as the Civil Defence Forces (CDF) case. These two judgments, and the subsequent AFRC and CDF Appeals Chamber judgments in both cases, are noteworthy for having been the first to adjudicate at the international level the war crime of conscription, enlistment or use of child soldiers. The only other case being heard by the Special Court – that of Prosecutor vs. Sesay, Kallon and Gbao (referred to as the Revolutionary United Front case) – has completed all oral arguments. A trial judgment in that case is expected in early 2009.