ICTY DIGEST #122Highlights of 01/10/2012

through 26/10/2012

ICTY Digest is a publication of the Registry produced by the Communications Service p. 1

PROSECUTORS REPORT 8 & 9 and 15, 16 & 17 October 2012

Prosecutors missions to Serbia and BiHIn preparation for the submission of his next report to the UN Security Council, Serge Brammertz, the Prosecutor, travelled to Serbia and Bosnia and Herzegovina (BiH) to meet with various officials and discuss co-operation between his office and the countries in question and the progress being made in national war crimes prosecutions.

On 8 and 9 October, in Serbia, the Prosecutor met with the Prime Minister, the Deputy Prime Minister and Defence Minister, the Minister and President of the National Council for Co-operation with the Tribunal, the Prosecutor for War Crimes

and representatives of the security services.

Between 15 and 17 October, in BiH, the Prosecutor met with members of the countrys tripartite Presidency, as well as the State Prosecutor and officials from the Department for War Crimes, representatives of the international community and representatives of victims associations.

Mr Brammertz will submit the Office of the Prosecutors next progress report to the UN Security Council in mid-November.

IN THE COURTROOMS 16 October 2012

Hadi and Karadi in court16 October was a day of particular significance for the Tribunal, since it marked the start of its final trial, that of Goran Hadi, former President of the self-proclaimed Republic of Serbian Krajina (RSK).

At the time of his arrest last year, Hadi was the only remaining fugitive of the total of 161 persons indicted by the Tribunal.

The Prosecution has been granted a total of 175 hours for its case, during which they have said they will call 85 witnesses.

Also in court on 16 October was Radovan Karadi for the start of his defence case. Karadi made a personal statement to the Chamber, after which the first witness was called.

Describing the tremendous progress made in judicial proceedings, the President explained that within the next 12 months, it is anticipated that all trials, other than those of late-arrested accused, will be completed and the bulk of the Tribunals work will be on appeals. According to the President, most appeals cases will be completed by December 2014.

The President nonetheless noted the various challenges the Tribunal faces in expeditiously completing its work, stressing that predicting the length of proceedings at the Tribunal is an art and not a science. The President highlighted a variety of factors adversely impacting the completion of the Tribunals work, including the inherent complexity of international proceedings and the loss of experienced staff. President Meron

assured Member States of the Tribunals steadfast commitment to expeditiously completing its work while according full respect to the due process rights of the accused and due regard to the protection of victims and witnesses.

The President then turned to the upcoming 20th anniversary of the Tribunals establishment which will be marked in May 2013, and took the opportunity to reflect on the Tribunals achievements. Referring to the Tribunals success story, President Meron underscored the Tribunals profound impact on the landscape of international criminal justice:

Over the course of the nearly two decades of its existence, the Tribunal has established the feasibility and enforceability of international criminal justice, blazed the trail for a host of

new international courts and tribunals, and pioneered the framework of what is effectively a new world ordera world order in which all alleged perpetrators of gross violations of human rights in times of armed conflict may be held responsible for their actions, and a world order in which the questions is not if but when and where they will be called to account.

In closing, the President affirmed that the Tribunals success is the success of the Member States as well. He thanked them for their abiding faith in the Tribunals work: Without the substantial support that Member States have long afforded the Tribunal, none of what we have accomplished would have been possible.The full text of the Presidents address can be found on the Tribunals website.

President Meron addresses the General AssemblyPresenting the Tribunals nineteenth annual report to the UN General Assembly, ICTY President Theodor Meron laid out the steps taken to implement the Tribunals Completion Strategy and thanked Member States for their substantial support over the years.

ICTY ANNUAL REPORT 15 October 2012

http://www.icty.org/x/file/Press/Statements%20and%20Speeches/President/121015_pdt_meron_un_ga_en.pdf

ICTY DIGEST

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#122

SELECTED FILINGS: 01 OCTOBER 26 OCTOBERorevi Order setting a time limit to file any motion seeking a variation of the grounds of appeal following translation of the trial

judgement into the BCS language

Gotovina et al. Public redacted version of the 21 June 2012 decision on Ante Gotovinas and Mladen Markacs motions for the admission of additional evidence on appeal

Hadi Decision on prosecution motion for admission of evidence of GH-067, GH-099, and GH-139 pursuant to rule 92 ter Decision on the application of rule 73 bis Decision on prosecution motion for admission of evidence of GH-003 pursuant to rule 92 ter Decision on prosecution motion for admission of evidence of GH-056 pursuant to rule 92 ter Decision on prosecution motion for admission of evidence of GH-058 AND GH-062 pursuant to rule 92 ter Decision on prosecution motions for admission of evidence of GH-015, GH-107, and GH-125 pursuant to rule 92 ter Decision on third prosecution motion for leave to amend prosecution rule 65 ter exhibit list Order on guidelines for procedure for conduct of trial

Karadi Addendum to order in relation to accuseds notice of request of protective measures for witnesses issued on 8 October 2012 Decision on accuseds motion for admission of statement of Rajko Koprivica pursuant to rule 92 quater Decision on application for certification to appeal decision on time for defence case Decision on the accuseds bar table motion (Sarajevo intercepts) Decision on accuseds motion for admission of statement of Vlado Lizdek pursuant to rule 92 quater Decision on motion for protective measures for witness KW456 Decision on motion for protective measures for witness KW285 Decision on motion for consideration of protective measures for witness KW341 Public redacted version of Decision on Accuseds motion to subpoena Radislav Krsti issued on 23 october 2012 Decision on accuseds motion to subpoena President Karolos Papoulias Decision on accuseds motion to admit evidence of Velibor Ostoji pursuant to rule 92 quater Order assigning judges to a case before the Appeals Chamber Decision

Mladi Decision on defence request to disqualify Richard Butler as an expert and bar the prosecution from presenting his reports Decision on prosecution fourth motion to admit evidence pursuant to rule 92bis: hostage witnesses

Perii Addendum to the scheduling order for appeal hearing

Stanii & Simatovi Decision on Serbias requests for provisional protective measures in relation to defence documents Decision on Stanisic request for certification to appeal the trial chambers decision on defence motion for exclusion of

specified exhibits and admission of various other documents

Tolimir Decision on the prosecution request for extension of time to file public redacted version of the prosecution Final Brief

OUTREACH 19 October 2012

Youth Education Project concludes amid praise from participantsThe Tribunals Outreach Programme has concluded its groundbreaking youth education initiative for 2011/2012 academic year. The last lectures were held for law students at the University of Tuzla and at two universities in Mostar, Bosnia and Herzegovina (BiH).

This project has enabled the ICTY to reach out directly to young people at high schools across the former Yugoslavia for the first time in the Tribunals history and has strengthened its outreach to the regions universities, said Nerma Jelai, Head of Communications and Outreach at the Tribunal.

Nearly 3,500 students from 50 high schools and 30 universities throughout Bosnia and Herzegovina, Croatia, Kosovo, Serbia,

the former Yugoslav Republic of Macedonia and Montenegro benefited from the project. Presentations took place in some of the communities most affected by the wars of the 1990s, including Srebrenica, Foa, Prijedor, Mostar, Vukovar, Zadar, Petrinja, Kaanik and Djakovica/Gjakov.

An overwhelming majority of participating students - as well as their teachers and principals - gave positive feedback following the presentations and there was widespread demand for a continuation of the project in the next academic year.

More information about the Outreach Programme can be found on the Tribunals website.

ICTY LEGACY 23 October 2012

Regional Legacy Conferences in Sarajevo, Zagreb and BelgradeAs part of the ICTYs efforts to encourage dialogue on its legacy in the former Yugoslavia, the ICTY is convening a series of conferences in November in Bosnia and Herzegovina, Croatia, and Serbia.

The conferences will provide an opportunity for local stakeholders to engage in direct and constructive dialogue about the ICTYs role in the region.

The first conference will be held in Sarajevo on Tuesday, 6 November which will be followed by a second conference in Zagreb on Thursday, 8 November and a final conference in Belgrade on Thursday, 22 November.

Commenting on the conferences, ICTY President Theodor

Meron said: With the Tribunals final trials underway, it is now more important than ever for the ICTY to reach communities in the former Yugoslavia. Through these conferences, the Tribunal seeks not only to share information about its accomplishments, but also to hear the views of interested communities as to what further steps are necessary to strengthen the legacy of the Tribunal within the region of the former Yugoslavia.

The three conferences are organised by the ICTY Outreach Programme and are made possible through the generous support of the European Union and the Governments of The Netherlands and Switzerland.

Conference programmes and concept papers can be found on the Tribunals website.

http://www.icty.org/x/cases/djordjevic/acord/en/121018.pdfhttp://www.icty.org/x/cases/djordjevic/acord/en/121018.pdfhttp://www.icty.org/x/cases/gotovina/acdec/en/121002.pdfhttp://www.icty.org/x/cases/gotovina/acdec/en/121002.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121009.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121015.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121018.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121018_1.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121023.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121023a.pdfhttp://www.icty.org/x/cases/hadzic/tdec/en/121023b.pdfhttp://www.icty.org/x/cases/hadzic/tord/en/121004.pdfhttp://www.icty.org/x/cases/karadzic/tord/en/121009.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121003.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121005.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121009.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121010.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121012.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121017.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121017a.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121023.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121023a.pdfhttp://www.icty.org/x/cases/karadzic/tdec/en/121023b.pdfhttp://www.icty.org/x/cases/karadzic/presord/en/121016.pdfhttp://www.icty.org/x/cases/karadzic/regdec/en/121011.pdfhttp://www.icty.org/x/cases/mladic/tdec/en/121019a.pdfhttp://www.icty.org/x/cases/mladic/tdec/en/121019.pdfhttp://www.icty.org/x/cases/perisic/acord/en/121015.pdfhttp://www.icty.org/x/cases/stanisic_simatovic/tdec/en/121019.pdfhttp://www.icty.org/x/cases/stanisic_simatovic/tdec/en/121003.pdfhttp://www.icty.org/x/cases/stanisic_simatovic/tdec/en/121003.pdfhttp://www.icty.org/x/cases/tolimir/tdec/en/121010.pdfhttp://www.icty.org/action/outreachnews/7http://www.icty.org/sid/11120

ICTY DIGEST

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#122 STATUS OF CASESCASES AT TRIAL

Hadi Trial commenced on 16 October 2012

Haradinaj et al. Closing arguments took place on 25, 26 and 27 June 2012

Karadi The Defence case commenced on 16 October 2012

Mladi Trial commenced on 16 May 2012

Prli et al. Closing arguments took place between 7 February and 2 March 2011

eelj The parties presented their closing arguments between 5 and 20 March 2012

Stanii & Simatovi The Defence case commenced on 15 June 2011

Stanii & upljanin Closing arguments took place from 29 May until 1 June 2012

Tolimir Closing arguments took on 21 and 22 August 2012

CASES ON APPEAL

orevi The trial judgement was pronounced on 23 February 2011 (sentence: 27 years imprisonment) Both the Prosecution and the Defence have filed their appeal briefs

Gotovina et al. The trial judgement was pronounced on 15 April 2011 (sentences: Gotovina - 24 years imprisonment; Marka - 18 years imprisonment)

The appeal hearing took place on 14 May 2012

Luki & Luki The trial judgement was pronounced on 20 July 2009 (sentences: Milan Luki - life imprisonment; Sredoje Luki - 30 years imprisonment)

The appeal hearing took place on 14 and 15 September 2011

Perii The trial judgement was pronounced on 6 September 2011 (sentence: 27 years imprisonment) The appeal hearing is scheduled to take place on 30 October 2012

Popovi et al. The trial judgement was pronounced on 10 June 2010 (sentences: Popovi - life imprisonment; Beara - life imprisonment; Nikoli - 35 years imprisonment; Borovanin - 17 years imprisonment; Mileti - 19 years imprisonment; Gvero - 5 years imprisonment; Pandurevi - 13 years imprisonment)

Both the Prosecution and the Defence have filed their appeal briefs in respect of all accused except Borovanin, whose sentence is therefore final

ainovi et al. The trial judgement was pronounced on 26 February 2009 (sentences: ainovi - 22 years imprisonment; Ojdani - 15 years imprisonment; Pavkovi - 22 years imprisonment; Lazarevi - 15 years imprisonment; Luki - 22 years imprisonment; Milutinovi - acquitted)

Both the Prosecution and the Defence have filed their appeal briefs in respect of all accused except Milutinovi, whose acquittal is therefore final

CONTEMPT CASES

Rai The trial judgement was pronounced on 7 February 2012 (sentence: 12 months imprisonment) Both the Prosecution and the Defence have filed their appeal briefs

eelj Second contempt case - the trial judgement was pronounced on 31 October 2011 (sentence: 18 months imprisonment) On 14 November 2011, the Amicus Curiae Prosecutor filed his notice of appeal

eelj Third contempt case - the trial commenced on 12 June 2012. The judgement was rendered on 28 June 2012 (sentence: two years imprisonment)

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIAChurchillplein 1, 2517 JW The Hague, the Netherlands

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QUERIES AND COMMENTS:Nick Beston

Associate Public Information Officer+31.70.512.89.43 | beston@un.org

Extracts of, and/or quotes from, legal documents are not authoritative; only the Order, Decision or Judgement in its entirety reflects the opinion of the Trial Chamber and/or the Appeals Chamber.

FACTS & FIGURES161 INDIVIDUALS INDICTEDSince the very first hearing (a deferral request in the Tadi case) on 8 November 1994, the Tribunal has indicted a total of 161 individuals, and has already completed proceedings with regard to 126 of them: 13 have been acquitted, 64 sentenced (one is awaiting transfer, 24 have been transferred, 36 have served their term, and three died while serving their sentence), 13 have had their cases transferred to local courts.

126 Total number of accused whose proceedings have been completed.

36 Cases terminated (either because indictments were withdrawn or because the accused died, before or after transfer to the Tribunal).

35 Proceedings are on-going with regard to 35 accused: 18 are currently on trial, and 17 are at the appeals stage.

34 A further 34 individuals have been or are the subject of contempt proceedings.

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