The International criminal tribunal for the former Yugoslavia, 2008-2009
Author(s)
Bibliographic Information
The International criminal tribunal for the former Yugoslavia, 2008-2009
（Annotated leading cases of international criminal tribunals, v. 37）
Intersentia, c2014
Available at 3 libraries
Note
Includes bibliographical references and index
Description and Table of Contents
Description
This thirty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the years 2008-2009. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. Contributors: Denis Abels, Emily Amick, Gaetano Best, Michele Caianiello, Joseph William Davids, Jennifer Easterday, Gerard de Jonge, Alberto di Martino, Rebecca Mori, Mariam Pathan, Katarina krbec, Cassandra Steer, Heather Stevenson, Ana Maria Torres Chedraui, Tim Vis and Adam Wolrich.
Table of Contents
Table of Contents Table of Contents 5 6 7 TABLE OF CONTENTS Table of Contents... 5 Preface... 11 Part 1/ Preliminary Matters 1. Indictment Decision on Motion by the Accused to Dismiss all Charges Against Him (Submission 387) and its Addendum (Submission 391), Prosecutor v. eselj, Case No. IT-03-67-T, T. Ch. III, 18 September 2008... 13 Decision on Slobodan Praljak's Motion for Clarification of the Time Frame of the Alleged Joint Criminal Enterprise, Prosecutor v. Prlic et al., Case No. IT-04-74-T, T. Ch. III, 15 January 2009... 23 Separate Opinion of Judge Antonetti... 29 Separate Opinion of Judge Trechsel... 31 Decision on Prosecution Motion to Amend the First Amended Indictment, Prosecutor v. Karadic, Case No. IT-95-5/18-PT, T. Ch. III, 16 February 2009... 33 Commentary Tim Vis... 44 2. Provisional Release Decision on Praljak's Appeal of the Trial Chamber's 2 December 2008 Decision on Provisional Release, Prosecutor v. Prlic et al., Case No. IT-04-74-AR65.11, A. Ch., 16 December 2008... 55 Partly Dissenting Opinion of Judge Guney... 61 Reasons for Decision on Prosecution's Appeal of the Trial Chamber's 10 December 2008 Decision on Prlic Provisional Release During Winter Recess and Corrigendum, Prosecutor v. Prlic et al., Case No. IT-04-74-AR65.13, A. Ch., 20 January 2009... 63 Commentary Alberto di Martino... 67 Decision on Submissions of the Accused Concerning Legality of the Arrest, Prosecutor v. Tolimir, Case No. IT-05-88/2-PT, T. Ch. II, 18 December 2008... 75 Commentary Alberto di Martino... 81 3. Jurisdiction Decision on Tolimir's "Interlocutory Appeal Against the Decision of the Trial Chamber on the Part of the Second Preliminary Motion Concerning the Jurisdiction of the Tribunal", Prosecutor v. Tolimir, Case No. IT-05-88/2-AR72.1, A. Ch., 25 February 2009... 83 Commentary Emily Amick... 87 Part 2/ Procedural Matters 4. Evidence Decision on Petkovic's and Praljak's Appeals Against the Trial Chamber's Decision Adopting Guidelines for the Presentation of Defence Evidence, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.8, A. Ch., 18 July 2008... 91 Decision on Bajrush Morina's Request for a Declaration of Inadmissibility and Exclusion of Evidence, Prosecutor v. Haraqija et al., Case No. IT-04-84-R77.4, T. Ch. I, 28 August 2008... 97 Decision on the Prosecution's Appeal Against the Trial Chamber's Order to Call Alibi Rebuttal Evidence During the Prosecution's Case in Chief, Prosecutor v. Lukic et al., Case No. IT-98-32/1-AR73.1, A. Ch., 16 October 2008... 105 Decision on Accused's Second Motion for Inspection and Disclosure: Immunity Issue, Prosecutor v. Karadic, Case No. IT-95-5/18-PT, T. Ch. III, 17 December 2008... 113 Decision on Jadranko Prlic's Consolidated Interlocutory Appeal Against the Trial Chamber's Orders of 6 and 9 October 2008 on Admission of Evidence, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.13, A. Ch., 12 January 2009... 121 Decision on Gvero's Motion for the Admission of Evidence Pursuant to Rule 92 quater, Prosecutor v. Popovic et al., Case No. IT-05-88-T, T. Ch. II, 3 February 2009... 131 Decision on Mrksic's Second Rule 115 motion, Prosecutor v. Mrksic, Case No. IT-95-13/1-A, A. Ch., 13 February 2009... 141 Commentary Ana Maria Torres Chedraui... 150 5. Translation Decision on Slobodan Praljak's Appeal Against the Trial Chamber's Decision of 16 May 2008 on Translation of Documents, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.9, A. Ch., 4 September 2008... 161 Decision on Slobodan Praljak's Appeal of the Trial Chamber's 13 October 2008 Order Limiting the Translation of Defence Evidence, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.12, A. Ch., 5 December 2008... 169 Commentary Jennifer Easterday... 178 6. Witnesses Decision on Slobodan Praljak's Appeal of the Trial Chamber's Decision on the Direct Examination of Witnesses dated 26 June 2008, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.11, A. Ch., 11 September 2008... 183 Decision on Appellant Momcilo Krajisnik's Motion to Call Radovan Karadic Pursuant to Rule 115, Prosecutor v. Krajisnik, Case No. IT-00-39-A, A. Ch., 16 October 2008... 191 Decision on Protective Measures for Witnesses, Prosecutor v. Karadic, Case No. IT-95-5/18-PT, T. Ch. III, 30 October 2008... 199 Commentary Joseph William Davids... 211 7. Organisation and Expediting Proceedings Decision on Prosecution Motion Concerning Use of Leading Questions, the Attribution of Time to the Defence Cases, the Time Allowed for Cross-Examination by the Prosecution, and Associated Notice Requirements, Prosecutor v. Prlic et al., Case No. IT-04-74-T, T. Ch. III, 4 July 2008... 217 Dissenting Opinion of Judge Antonetti... 227 Decision on Stojan upljanin's Motion for Joinder, Prosecutor v. Stanisic et al. / Prosecutor v. Karadic, Case No. IT-08-91-PT and IT-95-5/18-PT, Specially Appointed Chamber, 6 January 2009... 231 Commentary Michele Caianiello... 240 8. Counsel and Self-Representation Decision on Prosecution's Appeal Against Trial Chamber's Order on Contact Between the Accused and Counsel During an Accused's Testimony Pursuant to Rule 85(C), Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.10, A. Ch., 5 September 2008... 247 Joint Declaration of Judge Shahabuddeen and Judge Vaz... 254 Decision on Prosecution's Appeal Against the Trial Chamber's Order Regarding the Resumption of Proceedings, Prosecutor v. eselj, Case No. IT-03-67-AR73.8, A. Ch., 16 September 2008... 255 Decision on Momcilo Krajisnik's Motion to Present Additional Evidence and to Call Additional Witnesses Pursuant to Rule 115, and to Reconsider Decision not to Call Former Counsel, Prosecutor v. Krajisnik, Case No. IT-00-39-A, A. Ch., 6 November 2008... 265 Redacted Version of the "Redacted Version of the 'Decision on Prosecution Motion to Terminate the Accused's Self-Representation' Filed Confidentially and Ex Parte on 25 November 2008", Prosecutor v. eselj, Case No. IT-03-67-T, T. Ch. III, 27 November 2008... 273 Decision on Joint Defence Motion to Prohibit Use of Defence Documents by the Prosecution, Prosecutor v. Gotovina et al., Case No. IT-06-90-T, T. Ch. I, 5 December 2008... 279 Decision on Prosecution Motion for Adjournment, Prosecutor v. eselj, Case No. IT-03-67-T, T. Ch. III, 11 February 2009... 285 Dissenting Opinion of Judge Antonetti... 288 Commentary Heather Stevenson... 294 9. Contempt and Disciplinary Warning Redacted Version of the "Decision on Motions by the Prosecution and the Accused to Instigate Contempt Proceedings Against Ms. Dahl (from the Office of the Prosecutor) and Mr. Vucic (Associate of the Accused)" dated 10 June 2008, Prosecutor v. eselj, Case No. IT-03-67-T, T. Ch. III, 8 July 2008... 301 Judgement on Allegations of Contempt, Prosecutor v. Haxhiu, Case No. IT-04-84-R77.5, T. Ch. I, 24 July 2008... 313 Judgement on Allegations of Contempt, Prosecutor v. Haraqija et al., Case No. IT-04-84-R77.4, T. Ch. I, 17 December 2008... 325 Decision on Allegations on Contempt, Prosecutor v. eselj, Case No. IT-03-67-R77.2, T. Ch. II, 21 January 2009... 353 Decision on Urgent Defence Motion Requesting an Order to the Amicus Curiae to Take and Disclose Proposed Witness Statements, The Case against Hartmann, Case No. IT-02-54-R77.5, Specially Appointed Chamber, 29 January 2009... 359 Joint Decision on Defence Motion for Reconsideration and Defence Motion for Voir-Dire Hearing and Termination of Mandate of the Amicus Prosecutor, The Case against Hartmann, Case No. IT-02-54-R77.5, Specially Appointed Chamber, 29 January 2009... 363 Reasons for Decision on the Defence Motion for Stay of Proceedings for Abuse of Process, The Case against Hartmann, Case No. IT-02-54-R77.5, Specially Appointed Chamber, 3 February 2009... 369 Order Issuing a Warning to the Prosecution, Prosecutor v. Prlic et al., Case No. IT-04-74-T, T. Ch. III, 5 February 2009... 375 Separate Opinion of Judge Antonetti... 377 Commentary Mariam Pathan... 380 10. Judicial Notice Decision on Motion for Judicial Notice of ICTY Convictions, Prosecutor v. Perisic, Case No. IT-04-81-PT, T. Ch. I, 25 September 2008... 391 Commentary Adam Wolrich... 396 11. Detention Issues Decision on Vojislav eselj's Appeal Against the 11 August 2008 Decision of the UNDU's Acting Commanding Officer, Prosecutor v. eselj, Case No. IT-03-67-T, President, 23 October 2008... 399 Decision on Borovcanin's Motion for Custodial Visit, Prosecutor v. Popovic et al., Case No. IT-05-88-T, T. Ch. II, 17 December 2008... 405 Decision on Radovan Karadic's Request for Reversal of Denial of Contact with Journalist, Prosecutor v. Karadic, Case No. IT-95-5/18-PT, Vice-President, 12 February 2009... 413 Commentary Gerard de Jonge... 419 12. Disqualification Decision on Motion for Disqualification, The Case against Lukic et al., Case No. IT-98-32/1-T, Vice-President, 12 January 2009... 423 Decision on Accused Motion for Adequate Facilities and Equality of Arms: Legal Associates, Prosecutor v. Karadic, Case No. IT-95-5/18-PT, T. Ch. III, 28 January 2009... 429 Decision on Motion for Disqualification, Prosecutor v. Hartmann, Case No. IT-02-54-R77.5, President, 18 February 2009... 439 Commentary Gaetano Best... 442 Part 3/ Judgements 13. Judgements Judgement, Prosecutor v. Strugar, Case No. IT-01-42-A, A. Ch., 17 July 2008... 449 Commentary Rebecca Mori... 580 Separate Opinion of Judge Shahabuddeen... 552 Joint Dissenting Opinion of Judges Meron and Kwon... 559 Judgement, Prosecutor v. Delic, Case No. IT-04-83-T, T. Ch. I, 15 September 2008... 587 Dissenting Opinion of Judge Moloto... 713 Commentary Cassandra Steer... 729 Judgement, Prosecutor v. Martic, Case No. IT-95-11-A, A. Ch., 8 October 2008... 739 Separate Opinion of Judge Schomburg... 828 Commentary Katarina krbec... 842 Part 4/ Post-Conviction and Acquittal Issues 14. Pardon and Commutation of Sentence Decision of the President on the Application for Pardon or Commutation of Sentence of Pavle Strugar, Prosecutor v. Strugar, Case No. IT-01-42-ES, President, 16 January 2009... 849 Decision of the President on the Application for Pardon or Commutation of Sentence of Vladimir antic, Prosecutor v. Kupreskic et al., Case No. IT-95-16-ES, President, 16 February 2009... 853 Commentary Denis Abels... 857 Index... 861 Contributors and Editors... 865
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