News from the International War Crimes Tribunals
by Christine Poulon and Mair McCafferty*
There has been significant activity surrounding both tribunals in the last few months. In The Prosecutor v. Furundzija, the ICTY found the local commander of the Croatian Defence Council Military Police guilty on two counts of violations of the laws or customs of war. The ICTY issued a new judgment in the Celebici case which included a guilty finding based in part on "superior responsibility." The ICTY also imposed the Tribunal's first fine for contempt of court to a member of the defense team in the Blaskic case.
The trial of Clement Kayishema and Obed Ruzindana came to a close in November 1998. An unprecedented development occurred at the ICTR when former militia leader Omar Serushago pled guilty to four counts of genocide and crimes against humanity in December 1998.
International Criminal Tribunal for the Former Yugoslavia
As of December 1998, the ICTY has publicly indicted 83 suspects, of whom nine have died and 18 have had indictments dropped. Twenty-six are in custody. The detainees include 13 Bosnian Serbs, ten Bosnian Croats, two Bosnian Moslems, and one Croat. One detainee, Zejnil Delalic, was released following his acquittal in the Celebici case.
Progress on Arrests and Detentions
One recently arrested suspect is the Commander of the Drina Corps of the Bosnia Serb Army. Lieutenant-Colonel General Radislav Krsitic was arrested in Bosnia on December 2, 1998. He pleaded not guilty to all charges on December 7, 1998. General Krsitic was arrested on the basis of an October 30, 1998, indictment which alleges that he and two anonymous co-indictees committed genocide during and after the fall of the UN safe area of Srebrenica between July 11, 1995, and November 1, 1995.
On December 21, 1998, Judge Richard May confirmed the indictments against Mladen "Tuta" Naletilic and Vinko "Stela" Martinovic. Naletilic stands accused of 17 counts, including four counts of crimes against humanity, six counts of grave breaches of the Geneva Conventions, and seven counts of violations of the laws and customs of war. Martinovic stands accused of 22 counts, including five counts of crimes against humanity, eight counts of grave breaches of the Geneva Conventions, and nine counts of violations of the laws or customs of war.
Dron Gagovic, one of the Foca indictees, was shot and killed on January 9, 1999, by NATO troops while resisting arrest.
Status of Current Proceedings
Bosanski Samac
On December 11, 1998, Judge Vohrah confirmed the second amended indictment
in the Bosanski Samac case. The second amended indictment consolidates the initial
indictment against Stevan Todorovic and Blagoje Simic with the first amended
indictment of August 25, 1998, against Milan Simic, Miroslav Tadic, and Simo
Zaric. The second amended indictment also expands the time and geographical
frame of the alleged crimes committed by Stevan Todorovic and Blagoje Simic.
Stevan Todorovic was the former police chief in Bosanski Samac, according to the indictment against him, and used the alias "the Monster." He was initially arraigned in September 1998, and on October 28, 1998, Todorovic pled not guilty to 15 charges against him. He was initially charged with 15 counts of crimes against humanity, grave breaches of the Geneva Conventions, and violations of the laws or customs of war. Todorovic is charged with new counts regarding sexual assaults and beatings under the amended second indictment.
The charges against Blagoje Simic for command responsibility have been dropped in the second amended indictment. He now faces new charges, however, of crimes against humanity involving persecutions and deportations.
Stevan Todorovic, Miroslav Tadic, and Simo Zaric are currently in custody at the ICTY Detention Unit. Milan Simic was provisionally released on bail for reasons of ill health because the Detention Unit did not have adequate facilities. Simic returned to Basanski Djukic, where he remains free on bail pending his trial at The Hague. Blagoje Simic is still at large.
Goran Jelisic
Before Trial Chamber I, on October 29, 1998, Goran Jelisic, a Bosnian Serb,
pled guilty to 31 of the 32 charges against him. The 32 charges against him
cover 12 murders, four beatings, and plunder of private property, all of which
allegedly took place in May 1992 in the Luka camp. Jelisic pled not guilty to
the final charge against him of genocide. In October 1998, however, Jelisic
stated that he had voluntarily pled guilty to 12 charges of murder to "cleanse
[his] soul."
The trial for the remaining charge began in early December 1998. Before the Prosecutor's opening statement, Presiding Judge Claude Jorda heard the evaluation of two Dutch psychiatrists who concluded that Jelisic was fit to stand trial.
The Defense team is expected to argue that the events in Brcko and the Luka camp was part of an anarchical situation in which there was no organization or chain of command, and which was, therefore, absent genocidal plans or intentions. The trial of Jelisic is expected to resume on January 25, 1999. At the completion of the proceeding, he will be sentenced for all charges of which he is found or pleas guilty.
Dario Kordic and Mario Cerkez
Dario Kordic, a Bosnian Croat, was the
vice president of Herceg-Bosna, the former Bosnian Croat state, according to
his original indictment, issued in November 1995. The initial indictment against
him was amended by the Prosecution in September 1998 to include nine new counts
of war crimes and crimes against humanity, raising the number of charges against
him to 22. The indictment was amended and expanded following the discovery of
new evidence. On October 14, 1998, he pled not guilty to all counts.
Kordic was originally indicted in 1995 along with four other defendants, who are suspects in the events that took place in the Lasva Valley between 1991 and 1994. Two original co-indictees included General Tihomir Blaskic and prison commander Zlatko Aleksovski, whose cases were severed from Kordic's and are currently before the Tribunal separately.
The fourth person named in the original indictment is Mario vCerkez, a Bosnian Croat military commander. Cerkez remains part of the amended indictment, which charges him with 12 new counts of war crimes and crimes against humanity. He now faces a total of 22 charges, and has pleaded not guilty to the new charges. The amended indictment presents in greater detail the power and authority held by the two men, and provides an extensive account of the campaign of terror in which they allegedly participated.
On November 16, 1998, Defense counsel for Kordic and Cerkez submitted a motion to dismiss the case from Trial Chamber I. This motion was based on the Prosecution's alleged violation of Rule 66(A)(i) which provides that "within thirty days of the initial appearance of the accused, copies of the supporting material which accompanied the indictment when confirmation was sought . . ." shall be made available to the Defense, by the Prosecutor. According to the Defense's motion, Prosecution lawyers acknowledged their failure to comply with this provision but stated that this was done because the Prosecution is waiting for the Trial Chamber to decide on a proposed amendment to the witness protection order. The Defense argued, however, that this failure constituted a major violation of the right to a fair trial and a clear infringement of the rights of the accused. Finally, the Defense argued that it was up to the Trial Chamber to decide whether to delay the disclosure, and not for the Prosecution to unilaterally decide not to disclose. The Trial Chamber has scheduled a closed session status conference for January 9, 1999.
Tihomir Blavskic
The trial of Croatian General Tihomir Blaskic continues
in Trial Chamber I. Six of the 20 charges in the Blaskic indictment are grave
breaches of the Geneva Conventions, which hinge on the judges' determination
of the character of the conflict at the time of the alleged acts.
The Defense began presenting its case on September 7, 1998. The Defense alleged that Blaskic took actions to prevent the crimes that occurred in Bosnia's Lasva Valley. One Defense witness, Brigadier Slavko Marin, testified that the Croatian Defense Council (HVO), of which Blaskic was commander for Central Bosnia at the time in question, had no formal chain of command. The Defense also argued that Blaskic was unaware of many offenses and various factors prevented him from sending investigators to alleged crime sites. The Defense claimed that Blaskic did not issue orders that were carried out according to a military-style chain of command.
The Defense also presented Professor Djuro Degan, a professor of international law at the University of Rijeka in Croatia, who stated that the Croat-Muslim conflict of 1993 did not involve a single element of "armed conflict" as it is defined by the Geneva Conventions. Degan was issued a public warning by presiding Judge Claude Jorda for repeatedly stating during his expert testimony that the defendant was "innocent".
On December 11, 1998, the Tribunal fined Blaskic's Defense attorney, Anto Nobilo, 4,000 guilders for disclosing the identity of a protected witness during the Blaskic trial. The witness had testified previously in the Aleksovski trial. The Tribunal Rules provide that "any person who . . . discloses information relating to those proceedings in knowing violation of an order of the Chamber . . . commits a contempt of the Tribunal." The Chamber held that "in knowing violation" includes not only deliberate violations, but also a deliberate abstention from checking the circumstances under which a witness has given evidence. Nobilo is appealing the fine on the grounds that his actions were not intentional and that when he revealed the witness he was unaware of the protective order.
Zlatko Aleksovski
The trial of Zlatko Aleksovski is nearly complete.
On November 6, 1998, the Prosecution filed a motion to stay the proceedings.
This motion was the result of a series of motions beginning with the testimony
of a witness in the trial of Tihomir Blaskic, which was admitted in Aleksovski's
proceeding upon a Defense motion. To counter this evidence, the Prosecution
requested the admission of rebuttal testimony from another witness. This request
was denied and the Prosecution applied for leave to appeal both these decisions.
The Prosecution then filed for a stay of the trial, pending the determination
on the appeals, which a panel of the Appeals Chamber granted on December 18,
1998. It is not determined when the Appeal Chamber will rule on the Prosecution's
appeal. Closing arguments began in Trial Chamber I on November 17, 1998.
The Defense has since requested the provisional release of Aleksovski under Rule 65. The Defense argument for release is based on the length of his detention, his medical condition, the claim that he will not represent a danger for the victims of the witnesses in the Kaonik case, and on the basis of guarantees made by the Croatian authorities. The judges held that the Defense did not prove the existence of "exceptional circumstances" that would enable the provisional release of Aleksovski in accordance with Rules of Procedure and Evidence. Aleksovski remains in the UN Detention Unit.
Anto Furundzija
Anto Furundzija was tried in June 1998, for failing
to prevent a military subordinate from raping a woman. Trial Chamber II re-opened
proceedings against Furundzija in July 1998 following the discovery that the
Prosecution withheld information about the fact that Witness A, a rape victim,
was treated for post-traumatic stress disorder. On November 9, 1998, the proceedings
resumed and Witness A testified again, in closed session.
The Trial Chamber agreed with the finding in the Celebici case that rape may in some circumstances amount to torture under international law, and also expanded on the ICTR's definition of rape under international law. The expanded definition is: "The sexual penetration, however slight, either of the vagina or anus of the victim by the penis of the perpetrator, or any other object used by the perpetrator, or of the mouth of the victim by the penis of the perpetrator, where such penetration is effected by coercion or force or threat of force against the victim or by a third person."
The Trial Chamber characterized the prohibition against torture as a peremptory norm of international law, that is, one which may not be derogated from by any state. The Trial Chamber distinguished between an aider/abettor and a co-perpetrator, yet stated that "if an official interrogates a detainee while another person is inflicting severe pain or suffering, the interrogator is as guilty of torture as the person causing the severe pain or suffering, even if he does not in any way physically participate in such infliction."
On December 10, 1998, the Trial Chamber found Furundzija guilty as a co-perpetrator of the torture of Witness A and a Croatian man who was beaten and forced to watch the attacks on the woman. The Trial Chamber further held Furundzija guilty of aiding and abetting the rape and sexual attack on Witness A. The Trial Chamber defined aiding and abetting as "the actus reus consists of practical assistance, encouragement or moral support which has a substantial effect on the perpetration of the crime." The mens rea required is the "knowledge that these acts assist the commission of the offence." Furundzija was sentenced to ten years imprisonment for the first count and eight years imprisonment for the second count, both to be served concurrently minus time served for pretrial detention.
Celebici Case
On November 16, 1998, Trial Chamber I pronounced judgment in the Celebici case
involving four defendants: Zdravko Mucic, Hazim Delic, Esad Landzo, and Zejnil
Delalic. This judgment ends the 20 month trial, which produced 691 exhibits,
called 122 witnesses, and generated over 28,000 pages of transcripts. This was
the first time that the ICTY found a defendant guilty under the principle of
superior responsibility, the imposition of guilt based on a defendant's responsibility
for the actions of individuals who commit atrocities while under the defendant's
command.
Mucic, the Croat commander of the Celebici detention camp, received one seven year sentence for each of the 11 counts, to be served concurrently. The Chamber stated that he was "clearly derelict in [his] duty [of overseeing the detention camp] and allowed those under his authority to commit the most heinous of offenses, without taking any disciplinary action."
Delic was sentenced to 20 years imprisonment after being proclaimed guilty on 13 counts of grave breaches of the Geneva Conventions and violation of the laws or customs of war, including multiple counts of rape as torture. He was found not guilty on 22 counts, and three counts were dismissed. The Prosecution, which requested a life sentence, has filed an appeal on the Trial Chamber's finding of Delic not guilty on the command responsibility charge.
Landzo, a Bosnian Muslim guard, was sentenced to 15 years imprisonment by the Chamber. Landzo raised the defense of diminished responsibility, which the Chamber dismissed. It also dismissed the argument that Landzo was "the mere instrument of his superiors," mostly because the "nature of his crimes is suggestive of significant imagination and a perverse pleasure in the infliction of pain and suffering." The Tribunal did, however, take Landzo's "immature and fragile" mindset at that time into account. The Tribunal also considered the fact that Landzo had no training in how to "comport himself" around detainees and "the harsh environment of the armed conflict as a whole." The Defense has filed an appeal against the verdict and the sentence.
Finally, Delalic, the Muslim military officer essentially in charge of the Celebici prison camp, was acquitted because the Chamber found there was insufficient evidence to find him criminally responsible for the atrocities that took place at the camp. The Prosecutors said that the evidence was sufficient to find him guilty and have filed a notice to appeal. The Defense responded by filing a cross-appeal to the Prosecution's appeal.
Dusan Tadic
The appeals hearing on the judgment and sentence of Dusan
Tadic is currently set to begin January 25, 1999. Tadic was the first person
tried by the Tribunal. He was found guilty on 11 counts in May 1997 and was
sentenced to 20 years imprisonment. Tadic filed an appeal against the guilty
verdic and the sentencing judgment.
The Prosecution filed a cross-appeal in June 1998 against the majority decision in this case (2:1) which found that the conflict in Prijedor, the area in which Tadic's crimes took place, was of an internal rather than international character.
In November 1998, the Tribunal granted Tadic's request to withdraw his lead Defense counsel, citing loss of confidence. On November 19, 1998, the Registrar appointed William Clegg, a British attorney, as Tadic's lead counsel.
Vukovar Hospital
On December 3, 1998, the Prosecutor filed a formal
request with the Trial Chamber for the adoption of a proposal requesting the
Federal Republic of Yugoslavia to defer to the competence of the ICTY in its
investigation and court proceedings involving Mile Mrksic, Veselin Sljivancanin
and Miroslav Radic. The "Vukovar Three" were at the time scheduled
to testify in a military court's investigation of the Vukovar massacre. The
Prosecutor's request was based on the Rules of Procedure and Evidence Sub-Rule
9(ii) which deals with any "issue . . . closely related to, or otherwise
involves, significant factual or legal questions which may have implications
for investigations or prosecutions before the Tribunal."
Omarska-Keraterm
The two indictments against the four men initially accused of crimes committed in the camps of Omarska and Keraterm were consolidated into a single indictment on December 10, 1998. Ten people remain at large on these charges. Miroslav, Kvocka, Kos and Zigic each pleaded not guilty to four counts of crimes against humanity and four counts of violations of the laws or customs of war. Mladjo Radic pleaded "not guilty" to six counts of crimes against humanity and six violations of the laws or customs of war.
Administrative Issues and
Other Matters
On October 30, 1998, the ICTY submitted the Fifth Annual Report of the International Tribunal to the UN Security Council. In this report, the Tribunal noted that the Yugoslav government "persists in its refusal" to cooperate with the ICTY. The report urged the international community to ensure that Yugoslavia complies with its international responsibilities, primarily in allowing the arrests of 31 indicted persons who "continue to enjoy absolute impunity" by remaining at large. The UN Security Council later passed Resolution 1207, which reiterates states' obligations to comply with the terms of SC Resolution 827 (1993) to cooperate fully with the Tribunal and its organs and also demands the surrender of the "Vukovar Three."
On October 24, 1998, the UN Security Council passed Resolution 1203 which calls for a prompt investigation of atrocities committed in Kosovo. Despite these developments, Yugoslavia declined to issue visas to ICTY Chief Prosecutor Louise Arbour and her investigative team on November 4, 1998, to investigate crimes in either Kosovo or Metohija.
At the ICTY's Tribunal President's annual address to the UN General Assembly on November 19, 1998, the ICTY's need for cooperation was repeated.
In December, President Gabrielle Kirk McDonald addressed the Ministerial Conference of the Peace Implementation Council (PIC) in Madrid about the continued problems of cooperation, citing the Republika Srpska and Yugoslavia as especially problematic for the ICTY. She announced an outreach program to help people in the region learn about the Tribunal's findings.
On November 16, 1998, three new judges were sworn in at the ICTY. Mohamed Bennouna of Morocco and Patrick Robinson of Jamaica will sit in the newly-formed Trial Chamber III. David Hunt of Australia will join Trial Chamber II. The three-year terms of the new judges will expire with the terms of office of the existing 11 judges in November of 2001.
International Criminal Tribunal for Rwanda
As of mid-November 1998, of the 41 public indictments, 33 suspects are detained, 31 are being held in the ICTR facility in Arusha, and two are abroad, one at the Hague and one in the United States. Eight indicted individuals are still at large.
Progress on Arrests and Detentions
Since the last writing, one suspect was arrested on charges pending before the ICTR. André Rwamakuba, a medical doctor and former minister of education in 1994 when the genocide took place, was arrested in Windhoek, Namibia, on October 21, 1998. He was transferred to the Arusha detention facility on October 23, 1998. He is charged with the crimes of direct and public incitement to commit genocide, genocide, complicity in genocide, conspiracy to commit genocide, crimes against humanity, and serious violation of the Geneva Conventions.
On November 5, 1998, Emmanuel Bagambiki refused to enter a plea during his initial appearance before the Tribunal on the grounds that he was not given the lawyer of his choice. In September 1998, Bagambiki, a former Rwandan government official charged with six counts of genocide, crimes against humanity, and violations of the Geneva Conventions, was informed that the attorney he chose could not be appointed because the attorney is Canadian. Bagambiki was one of 25 prisoners who participated in an October 1998 hunger strike in protest of the Registry's decision to temporarily refrain from appointing any more French or Canadian defense attorneys due to their disproportionately large percentage among Defense counsel. The proceeding was adjourned until the dispute over his counsel is resolved.
Status of Current Proceedings
Bernard Ntuyahaga
On November 13, 1998, Bernard Ntuyahaga pled not guilty
in his initial appearance before Trial Chamber I to the accusation that he helped
in the killings of ten Belgian UN peacekeepers who were members of the UN Assistance
Mission in Rwanda. He is accused of ordering the kidnapping of the ten soldiers,
who were beaten to death at the Kigali military camp on April 7, 1994. Ntuyahaga
is facing trial for one count of crimes against humanity for these murders.
The Prosecution originally charged him with five counts, including genocide
and violations of the Geneva Conventions, but the ICTR found that the Prosecution
did not provide sufficient evidence to charge him on all five counts.
Omar Serushago
Omar Serushago, who is defended by Mohamed Ismail from
Tanzania, pleaded guilty to four counts of genocide and crimes against humanity
at his initial appearance before Trial Chamber I on December 14, 1998. Serushago
pleaded not guilty to the fifth count of crime against humanity (rape) brought
against him in the ICTR. Under the plea agreement, Serushago's family will receive
protection. Following the plea, Deputy Prosecutor Bernard Muna moved to withdraw
the fifth count of the indictment to which Serushago pled not guilty. The Trial
Chamber granted the Prosecution's request. His pre-sentencing hearing is set
for January 29, 1999.
Georges Omar Ruggiu
Georges Omar Ruggiu, the only European charged by the ICTR, was scheduled
to appear before the Court on November 16, 1998, to discuss a preliminary motion
on the disclosure of evidence. He is a Belgian-Italian journalist accused of
making hate radio broadcasts over the Radio Television Libres des Mille Collines.
The radio station's propaganda is blamed for inciting the countrywide killings
of ethnic Tutsi during the months of April, May, and June 1994. A trial date
has not yet been set for this case.
The Politicians' Trial
Rwamakuba, the most recent ICTR indictee to be arrested, was scheduled to
make his initial appearance before the ICTR on November 24, 1998, along with
four other indictees in what is being called locally the Politicians' Trial.
This initial appearance of Rwamakuba was scheduled along with that of the four
other indictees: Edouard Karemera, the former minister of the interior and former
vice-president of the MRND (Mouvement Républicain National pour la
Démocratie et le Développement); Mathieu Ngirumpaste, former
MRND president and former director general of the ministry for foreign affairs;
Joseph Nzirorera, former president of the National Assembly and secretary-general
of the MRND; and Juvenal Kejalijeli, former bourgemestre of Mukingo. It was
postponed by the Court on November 24, 1998. No rescheduled date was given by
the Court at that time.
Jean-Paul Akayesu
Upon his conviction on September 2, 1998, in Trial
Chamber I, Jean-Paul Akayesu dismissed his Defense attorneys for the third time
and represented himself at his sentencing hearings. Following the announcement
of his life sentence on October 2, 1998, he filed an appeal. The Trial Chamber
confirmed that Akayesu would be assigned new attorneys for his appeal, but his
request to be assigned John Philpot, a Canadian lawyer, was not granted. The
ICTR gave three reasons for not appointing Philpot to represent Akayesu. First,
it noted that the appeal Philpot filed for Akayesu, "contained no serious points
of law," and his criticism of the court's procedures amounted to misconduct.
Second, Philpot filed an appeal on behalf of Akayesu before the Registry officially
appointed him to the case. This premature action has the effect of disqualifying
him from representing Akayesu, Finally, the Tribunal pointed out that there
was a great imbalance in the geographic representation of defense counsel, and
that it had decided to temporarily refrain from appointing any more Canadian
or French lawyers for this reason.
On October 22, 1998, Akayesu began a hunger strike in protest of the ICTR's denial of his choice of counsel. On October 26, 1998, 25 other detainees joined Akayesu in his protest, opposing the temporary ban of French and Canadian defense counsel. They ended their strike on October 29, 1998, and Akayesu suspended his hunger strike on October 31, 1998. The Prosecutor is appealing the September 2, 1998, judgment requesting that the not-guilty verdict in regard to Counts 6, 8, 10, 12, and 15 be quashed, and that Akayesu be found guilty of the said counts.
Clement Kayishema and
Obed Ruzindana
On November 17, 1998, Trial Chamber II, presided over by Judge
William Hussein Sekule of Tanzania, finished hearing the combined cases of Clement
Kayishema, former prefect of the Kibuye region of Rwanda, and Obed Ruzindana,
a former businessman based in Kigali. Kayishema is charged with 24 counts of
genocide, crimes against humanity, and violations of Article 3 Common to the
Geneva Conventions and the Additional Protocol II. Ruzindana is charged with
six counts, consisting of one count of genocide, three counts of crimes against
humanity, and two counts of violating Article 3 Common to the Geneva Conventions
and the Additional Protocol II.
In its closing statement, the Prosecution argued that Kayishema planned, ordered and committed the mass killings of about 15,000 Rwandans between April and July 1994. The Prosecution posited that this was part of a greater plan, orchestrated at the highest levels of government, and Kayishema carried out these crimes with the intent to destroy the entire Tutsi population. The Prosecution alleged that Kayishema, sometimes with Ruzindana's assistance, personally killed the victims with guns, machetes, and other weapons. The Prosecution asked for life sentences for each count of genocide or crimes against humanity, and 20 to 30 years in prison for each count of violations of the Geneva Conventions.
In closing, the Defense stated that it would not question whether the genocide had occurred, but asserted that the magnitude of the killings alone did not prove the guilt of the two accused men, particularly in the crime of genocide. Rather, the Prosecution must have proven specific intent and motive. "It is this ingredient, and not the number of people killed, which characterizes the crime of genocide." The Defense argued the Prosecution did not prove this element.
Both defendants' attorneys argued that the killings were not part of a plan, but rather the result of a spontaneous rage felt by the Hutu population following the death of the Rwandan president. This argument was based upon the idea that the mass killings were the result of a "mob psychology" that destroyed all respect for authority and caused crowds to uncontrollably murder, steal, and vent anger arbitrarily. The Defense contended that, not only were their clients not responsible for this "uncontrolled rage and national madness," but they also had to go into hiding to protect themselves. Defense counsel also accused the ICTR's mandate of being politically biased, presuming the guilt of the defendants.
The trial lasted nearly 20 months, and 80 witnesses were called: 52 for the prosecution and 28 for the defense. A decision is not expected for a few months.
Jean Kambanda
The former Rwandan prime minister, Jean Kambanda, who was
sentenced to life imprisonment in September, fought to be represented by the
attorney of his choice for his sentence appeal. Though he refused representation
at the beginning of his proceedings--he pled guilty in May 1998--he was assigned
an attorney to assist in the completion of his plea-bargain. For the appeal
of his sentence, he asked to be represented by Johan Scheers, a Belgian attorney.
The Tribunal, however, banned Scheers after he did not appear on the first day
of trial for another client, Jean-Paul Akayesu, because of a financial dispute
with the Tribunal. The appeal is pending the resolution of the attorney assignment.
Alfred Musema
On January 25, 1999, Alfred Musema's trial will be the
first trial to begin at the ICTR in 1999. Trial Chamber I Presiding Judge Aspegren
has declared the objective of finishing the trial in three months. Swiss authorities
arrested Musema in February 1995, making him the longest-held defendant at the
ICTR. He was indicted by the ICTR on July 15, 1996, and transferred to Arusha
on May 20, 1997.
Musema was originally charged with genocide, crimes against humanity, and serious violations of the Geneva Conventions. The indictment states that during the time in question, April to June 1994, he "brought to the area of Bisesero armed individuals and directed them to attack the people seeking refuge there." The indictment also states that Musema personally attacked and killed people seeking refuge in Bisesero and that there are witnesses who say they saw him shooting at civilians. In November 1998, the Trial Chamber granted a request by the Prosecution to amend Musema's indictment to include an alternative charge of complicity in genocide.
Theoneste Bagosora
On October 14, 1998, Judge Sekule indefinitely adjourned
the trial of Theoneste Bagosora pending the outcome of a procedural appeal at
The Hague. Defense counsel's attempt to fight the joinder of three other defendants'
cases, Anatole Nsengyiumva and the joint trial of Gratien Kabiligi and Aloys
Ntabakuze, with Bagosora's case. The Defense is arguing that the same three
judges before whom Bagosora initially appeared must now try their client.
Laurent Semanza
On December 10, 1998, Trial Chamber II rejected the Defense
motion to postpone the trial of Laurent Semanza. Defense counsel Gaetan Bourassa
had sought a postponement date of September 1999 based on health problems which,
he argued, have left him with little time to prepare for the trial of his client.
Semanza has pleaded not guilty to seven counts charging him with genocide, direct and public incitement to commit genocide, crimes against humanity, and violations of Article 3 Common to the Geneva Conventions an of Additional Protocol II. The Trial Chamber set the Semanza trial to begin on February 3, 1999.
Administrative Issues
The ICTR announced in October 1998 that it was temporarily refraining from assigning any Canadian or French defense counsel, even those attorneys that were already on the approved list of Defense counsel. The decision was based on the desire of the Tribunal to maintain a geographic balance in the counsel it assigned. In a report released by the ICTR on October 30, 1998, the nationalities of assigned counsel are as follows: Canada and France--9 each, Cameroon--4, Kenya--3, Belgium--3, Togo and The Netherlands--2 each, and one each from Burkina Faso, Cote d'Ivoire, Madagascar, Tanzania, Tunisia, the United Kingdom, and the United States.
To protest the ICTR's suspension of Canadian and French attorney appointments, 25 of the 32 detainees at the ICTR Detention facility went on a hunger strike for four days in October 1998. They sent a letter to officials of the Tribunal and forwarded a copy to UN Secretary General Kofi Annan, protesting the discrimination against Canadian and French Defense counsel and complaining about the poor quality of Defense counsel already assigned. Agwu Ukiwe Okali, the Registrar of the ICTR, visited the detention facility in Arusha to address the concern. Mr. Okali explained modifications introduced by the Registry in the procedure for assignment of counsel. Under the modified plan, detainees would have the full list and curriculum vitae of all lawyers on the list approved by the Tribunal from which to choose. The current list is in excess of 100 lawyers worldwide.
In other administrative matters, on November 3, 1998, the UN General Assembly chose nine justices to serve on the ICTR. Three judges, Laity Kama of Senegal, Yacov Arrkadievich Ostrovsky of Russia, and Navanethem Pillay of South Africa, were re-elected. Six judges, Pavel Doelnc of Slovenia, Mehmet Guney of Turkey, Dyonisios Kondylis of Greece, Erik Mose of Norway, William Hussein Sekule of Tanzania, and Lloyd George Williams of Jamaica and Saint Kitts and Nevis will be new to the Tribunal. Their four-year terms will begin on May 25, 1999. The new appointments will also allow the new Trial Chamber III to be staffed upon completion of construction scheduled for May 1999.
*Christine Poulon is a third-year J.D. candidate at the Washington College of Law. Mair McCafferty is a third-year J.D. candidate at the Washington College of Law and the Editor-in-Chief for The Human Rights Brief.
The proper citation for this article in the Human Rights Brief Volume 6, Issue 2, beginning at page 3 is: 6 No. 2 Hum. Rts. Brief 3 (1999).
