ICTY AC overturns acquittal of Stanisic and Simatovic and order retrial: On Tuesday, 15 December 2015, an Appeals Chamber at the ICTY has ordered two Serbian former security officials, Jovica Stanisic and Franko Simatovic, to be detained and retried after overturning an acquittal from 2013 for allegedly helping to orchestrate genocide. The AC said it was a mistake for the Trial Chamber to require evidence of “specific direction” to prove the involvement of top officials in the “joint criminal enterprise” of genocide. Presiding judge, Fausto Pocar said the act of aiding and abetting could take the form of “practical assistance, encouragement and moral support” which made a substantial contribution to the commission of a crime. Trial judges had originally ruled that although Serb fighters did commit atrocities in Croatia and Boania, there was insufficient evidence linking Stanisic and Simatovic to those crimes. Stanisic and Simatovic are in custody awaiting their retrial. (the Guardian, in News, abc News, Yahoo! News, Radio Free Europe)
ICTR AC delivers final judgment to wind up Tribunal: On Monday, 14 December 2015, the ICTR Appeals Chamber in Ausha, Tanzania, delivered its final judgment and upheld the conviction of former Rwandan government minister Pauline Nyiramashuhuko and her son- before it formally closes down. The Appeals Chamber ruled that Nyiramashuhuko entered into an agreement with members of the interim government on or after April 9, 1994 to kill the Tutsi in the then Butare Prefecture. The court also reduced sentences for five convicts, including Nyiramashuhuko, her son (reduced from life imprisonment to 47 years), and Sylvain Nsabimana (reduced from 25 to 18 years), Alphonse Nteziryayo (reduced from 30 to 25 years), and Joseph Kanyabashi (reduced from 35 to 20 years). The Appeals Chamber considered time already served and ordered the release of Nsabimana and Kanyabashi. (The News Hub, all Africa, all Africa)
ECCC charges former Navy commander Meas Muth with genocide, CAH and grave breaches: On Monday, 14 December 2015, the ECCC charged Meas Muth, former Khmer Rouge navy commander with genocide, crimes against humanity, grave breaches of the Geneva Convention and homicide, as well as willful killing, willfully causing great suffering or serious injury to body or health, torture, and unlawful confinement of civilians, in addition to other charges. Muth appeared voluntarily to hear the charges, and his defense lawyer Michael Karnavas said that Mr. Meas Muth has been cooperating [with the case] all along. Mr. Muth is also suspected of sending British teacher and explorer John Dewhirst to Tuol Sleng interrogation centre, where all but twelve people survived. These charges come days after ECCC investigating judge Michal Bohlander filed charges against Yim Tith for genocide on 9 December 2015. (The Phnom Penh Post, The New York Times, The Telegraph)
ICC moves to permanent premises in The Hague: The ICC has relocated to its new premises at The Hague, which the presiding judge described as effective to fulfill its mandate. President Judge Silvia Fernandez said “As a permanent institution, the ICC now has a permanent home. It offers essential features for the court to work more efficiently, provide protection for witnesses and victims, and ensure fair and transparent proceedings.” The building complex consists of six towers connected on the ground and first floors and more than a thousand work stations. The Court Tower, the largest tower houses three courtrooms and a media centre. There is also a public area on the ground floor which serves to welcome visitors to the public galleries of the courtrooms, a visitor centre and a café. (the Star)
The post 15 December 2015 – NEWS ABOUT THE COURTS – ICTY AC orders retrial of Stanisic and Simatovic, ICTY issues final judgment, ECCC charges Meas Muth with genocide and more appeared first on ICL Media Review.