About the Book
This thirty-fourth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in 2007. 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, David Bryden, Jocelyn Courtney, Masha Fedorova, Birgitte Hagem, Anja Havedal, Yvonne McDermott, Chantal Meloni, Maria Nybondas, Kelly Pitcher, David Turns, Koen Vriend, Alexander Zahar.
Table of Contents:
TABLE OF CONTENTS Table of Contents ... 5 Preface ... 9 Part 1/ Preliminary Matters 1. Jurisdiction Decision on Ante Gotovina's Interlocutory Appeal Against Decision on Several Motions Challenging Jurisdiction, Prosecutor v. Gotovina et al., Case No. IT-06-90-AR72.1, A. Ch., 6 June 2007 ... 11 Decision of Vlastimir Dordevic's Preliminary Motion on Jurisdiction, Prosecutor v. Dordevic, Case No. IT-05-87/1-PT, T. Ch. III, 6 December 2007 ... 19 Commentary David Bryden ... 24 2. Indictment Decision on Preliminary Motions on the Indictment Pursuant to Rule 72 of the Rules, Prosecutor v. Tolimir, Case No. IT-05-88/2-PT, T. Ch. II, 14 December 2007 ... 29 Commentary Jocelyn Courtney ... 48 Part 2/ Procedural Matters 3. Counsel, self-representation and related issues Decision on Conflict of Interest of Attorneys Cedo Prodanovic and Jadranka Slokovic, Prosecutor v. Gotovina et al., Case No. IT-06-90-PT, T. Ch. I, 5 April 2007 ... 53 Judge Orie's Dissenting Opinion on Decision on Conflict of Interest of Attorneys Cedo Prodanovic and Jadranka Slokovic of 5 April 2007 ... 60 Decision on Review of Registrar's Decision Re Co-Counsel for Mico Stanisic, Prosecutor v. Stanisic, Case No. IT-04-79-PT, T. Ch. II, 24 April 2007 ... 65 Decision on Miroslav Aeeparovic's Interlocutory Appeal Against Trial Chamber's Decisions on Conflict of Interest and Finding of Misconduct, Prosecutor v. Gotovina et al., Case No. IT-06-90-AR73.1, A. Ch., 4 May 2007 ... 73 Decision on Momcilo Krajisnik's Request to Self-represent, on Counsel's Motions in Relation to Appointment of Amicus Curiae, and on the Prosecution Motion of 16 February 2007, Prosecutor v. Krajisnik, Case No. IT-00-39-A, A. Ch., 11 May 2007 ... 85 Dissenting Opinion of Judge Pocar ... 92 Separate Opinion of Judge Shahabuddeen ... 93 Fundamentally Dissenting Opinion of Judge Schomburg on the Right to Self-Representation ... 102 Table of Contents Decision on Ivan Cermak's Interlocutory Appeal Against Trial Chamber's Decision on Conflict of Interest of Attorneys Cedo Prodanovic and Jadranka Slokovic, Prosecutor v. Gotovina et al., Case No. IT-06-90-AR73.2, A. Ch., 29 June 2007 ... 125 Dissenting Opinion of Judge Shahabuddeen ... 142 Decision Adopting Guidelines on the Admission and Presentation of Evidence and Conduct of Counsel in Court, Prosecutor v. Delic, Case No. IT-04-83-T, T. Ch. I, 24 July 2007 ... 145 Decision on Motion of Amicus Curiae Regarding Appellate Ground of Ineffective Assistance of Counsel, Prosecutor v. Krajisnik, Case No. IT-00-39-A, A. Ch., 20 July 2007 ... 155 Decision on Financing the Defence of the Accused, Prosecutor v. Aeeselj, Case No. IT-03-67-PT, P-T. Judge, 30 July 2007 ... 161 Decision on Krajisnik Request and on Prosecution Motion, Prosecutor v. Krajisnik, Case No. IT-00-39-A, A. Ch., 11 September 2007 ... 175 Commentary Alexander Zahar ... 190 4. Equality of arms, effective defence investigations and undue delay Decision on Motion to Appoint Amicus Curiae to Investigate Equality of Arms, Prosecutor v. Perisic, Case No. IT-04-81-PT, T. Ch. III, 18 June 2007 ... 193 Decision on Ojdanic Third Motion for Stay of Proceedings, Prosecutor v. Milutinovic et al., Case No. IT-05-87-T, T. Ch. III, 27 August 2007 ... 199 Decision on Motion for Sanctions for Failure to Bring the Accused to Trial Without Undue Delay, Prosecutor v. Perisic, Case No. IT-04-81-PT, T. Ch. III, 23 November 2007 ... 211 Commentary Masha Fedorova ... 217 5. Witnesses and admission of evidence Decision on Defence Request for Audio-Recording of Prosecution Witness Proofing Sessions, Prosecutor v. Haradinaj et al., Case No. IT-04-84-T, T. Ch. I, 23 May 2007 ... 229 Decision on Notification of Cross-Examination Material, Prosecutor v. Haradinaj et al., Case No. IT-04-84-T, T. Ch. I, 31 May 2007 ... 239 Decision on Praljak's Appeal of the Trial Chamber's 10 May 2007 Decision on the Mode of Interrogating Witnesses, Prosecutor v. Prlic et al., Case No. IT-04-74-AR73.5, A. Ch., 24 August 2007 ... 245 Decision on Motion by Witness 28 to Set Aside Subpoena or for Alternative Relief, Prosecutor v. Haradinaj et al., Case No. IT-04-84-T, T. Ch. I, 5 September 2007 ... 251 Decision on Appeal Against Decision Admitting Material Related to Borovcanin's Questioning, Prosecutor v. Popovic et al., Case No. IT-05-88-AR73.1, A. Ch., 14 December 2007 ... 255 Decision on the Admissibility of the Borovcanin Interview and the Amendment of the Rule 65ter Exhibit List, Prosecutor v. Popovic et al., Case No. IT-05-88-T, T. Ch. II, 25 October 2007 ... 269 Table of Contents Partial Dissenting Opinion of Judge Prost ... 291 Commentary Kelly Pitcher ... 298 6. Judicial notice Decision on Prosecution's Motion for Judicial Notice of Adjudicated Facts and Prosecution's Catalogue of Agreed Facts with Dissenting Opinion of Judge Harhoff, Prosecutor v. Dragomir Milosevic, Case No. IT-98-29/1-T, T. Ch. III, 10 April 2007 ... 311 Dissenting Opinion of Judge Harhoff ... 320 Decision on Interlocutory Appeals Against Trial Chamber's Decision on Prosecution's Motion for Judicial Notice of Adjudicated Facts and Prosecution's Catalogue of Agreed Facts, Prosecutor v. Dragomir Milosevic, Case No. IT-98-29/1-AR73.1, A. Ch., 26 June 2007 ... 323 Decision on Prosecution's Motion for Judicial Notice of Adjudicated Facts and Joint Motion Concerning Agreed Facts, Prosecutor v. Delic, Case No. IT-04-83-PT, T. Ch. I, 9 July 2007 ... 333 Decision on Appeals Chamber Remand of Judicial Notice of Adjudicated Facts with Seperate Opinion of Judge Robinson, Prosecutor v. Dragomir Milosevic, Case No. IT-98-29/1-T, T. Ch. III, 18 July 2007 ... 339 Separate Opinion of Judge Robinson ... 343 Commentary Koen Vriend ... 344 7. Referral Decision on Trial Chamber's Competence to Entertain Motion Filed After Entry into Force of Decision under Rule 11bis, Prosecutor v. Trbic, Case No. IT-05-88/1-PT, T. Ch. II, 1 June 2007 ... 351 Decision on Milan Lukic's Appeal Regarding Referral, Prosecutor v. Lukic and Lukic, Case No. IT-98-32/1-AR11bis.1, A. Ch., 11 July 2007 ... 355 Commentary Yvonne McDermott ... 364 8. Contempt of court Decision on Vojislav Aeeselj's Appeal Against the Trial Chamber's Decision of 19 July 2007, Prosecutor v. Aeeselj, Case No. IT-03-67-AR77.1, A. Ch., 14 December 2007 ... 369 Declaration of Judge Shahabuddeen... 372 Commentary Birgitte Hagem ... 375 Part 3/ Judgements 9. Judgements Judgement, Prosecutor v. Blagojevic and Jokic, Case No. IT-02-60-A, A. Ch., 9 May 2007 ... 377 Partly Dissenting Opinion of Judge Shahabuddeen ... 464 Table of Contents Commentary David Turns ... 478 Judgement, Prosecutor v. Martic, Case No. IT-95-11-T, T. Ch. I, 12 June 2007 ... 481 Commentary Chantal Meloni ... 622 Judgement, Prosecutor v. Halilovic, Case No. IT-01-48-A, A. Ch., 16 October 2007 ... 633 Separate Opinion of Judge Meron ... 694 Separate Opinion of Judge Schomburg ... 696 Declaration of Judge Shahabuddeen ... 699 Commentary Maria Nybondas ... 710 10. Sentencing judgements Judgement on Sentencing Appeal, Prosecutor v. Zelenovic, Case No. IT-96-23/2-A, A. Ch., 31 October 2007 ... 715 Sentencing Judgement, Prosecutor v. Zelenovic, Case No. IT-96-23/2-S, T. Ch. I, 4 April 2007 ... 731 Commentary Denis Abels ... 752 Part 4/ Post-conviction or post-acquittal issues 11. Reconsideration Decision on Strugar's Request to Reopen Appeal Proceedings, Prosecutor v. Strugar, Case No. IT-01-42-Misc.1, A. Ch., 7 June 2007 ... 757 Separate Opinion of Judge Shahabuddeen ... 766 Dissenting Opinion of Judge Schomburg ... 770 Commentary Anja Havedal-Ipp ... 781 Index ... 785 Contributors and Editors ... 789
