Legal news

CJEU : In an Opinion delivered on 26 November 2019, the Advocate General considers that a public prosecutor’s office, such as the French one, cannot be regarded as an ‘issuing judicial authority’ for the purpose of issuing an EAW if, when adjudicating on an EAW, its members must comply with general instructions on criminal justice policy, issued by the Minister for Justice, which are binding in relation to such warrants and with instructions issued to them by their hierarchical superiors.

Cf. CJEU Press release of 26 November 2019 :

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By 3 judgements of 12 December 2019, the CJEU has ruled that the French, Swedish and Belgian public prosecutor’s offices satisfy the requirements (in particular of independence) for issuing a European arrest warrant, and clarifies the scope of the judicial protection afforded to persons referred to in such warrants.

In particular, the Court considered that the status of the French public prosecutor’s office afforded it a sufficient guarantee of independence for the issuing of European arrest warrants.

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Conviction of Mr Bosco Ntaganda by the ICC

On 8 July 2019, Trial Chamber VI of the International Criminal Court found Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes against humanity, committed in Ituri, Democratic Republic of the Congo, in 2002-2003.

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ICC Appeals Chamber confirms Jordan’s non-cooperation but reverses the decision referring it to the ASP and UNSC

By a jugement of 6 May 2019, the ICC AC decided unanimously to confirm the decision of ICC PTC II which found that Jordan, a State Party to the ICC Rome Statute, had failed to comply with its obligations by not arresting Mr Omar Al-Bashir (then President of the Republic of the Sudan) and surrendering him to the ICC while he was on Jordanian territory attending the League of Arab States’ Summit on 29 March 2017.READ MORE

German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant

By a judgement of 27/5/2019, the CJEU ruled that German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant.READ MORE

Sweden proposes international tribunal to try Isis fighters

The Swedish government is seeking support from European allies for a new international tribunal to prosecute Isis fighters and military personnel for war crimes perpetrated in Iraq and Syria.

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ICC judges reject opening of an investigation regarding Afghanistan situation

On 12 April 2019, Pre-Trial Chamber II of the ICC rejected unanimously the request of the Prosecutor to proceed with an investigation for alleged crimes against humanity and war crimes, on the territory of in the Islamic Republic of Afghanistan. The judges decided that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.

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Fifth Edition of the ICC OPCV Manual for Victims’ Legal Representatives

The ICC Office of Public Counsel for Victims has published a Fifth Edition of its Manual for Victims’ Legal Representatives

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Violation of the ECHR in case of imprisonment of a person in a metal cage in a courtroom during his trial

On 19 March 2019, the ECtHR reaffirmed that the imprisonment of a person in a metal cage in a courtroom during his trial and in a prison, for the purposes of his participation, by video link, to the judicial review of his case, constitutes degrading treatment within the meaning of Article 3 of the ECHR.READ MORE

Sentence aggravated in appeal for Mr. Radovan Karadžić by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals

On 20 March 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals delivered its judgement on the appeals filed by Mr. Radovan Karadžić and the Prosecution against the judgement rendered on 24 March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia.

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Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant

By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.

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Patrice-Edouard Ngaïssona transferred to ICC for alleged crimes against humanity and war crimes

Patrice-Edouard Ngaïssona transferred to the ICC on 23/1/2019, for alleged war crimes and crimes against humanity, following the issuance of an ICC arrest warrant on 7/12/2018 and his arrest in France on 12/12/2018 Mr Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for war crimes and crimes against humanity committed in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014.

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Acquittal of Laurent Gbagbo and Charles Blé Goudé from all charges by ICC Trial Chamber I

On 15 January 2019, Trial Chamber I of the ICC, by majority, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d’Ivoire in 2010 and 2011. As a consequence, the Chamber ordered their release.

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End of cooperation of the US with UN Human Rights Special Rapporteurs

It is reported that the US has ceased cooperation With UN Human Rights Special Rapporteurs.

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ICC: Trial Chamber VII delivers its re-sentencing decision in Bemba et al. case

On 17/9/2018, the ICC Trial Chamber VII delivered its re-sentencing decision against Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba and Jean-Jacques Mangenda Kabongo, for offences against the administration of justice (…)

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ICC: Opening of a Preliminary Examination by the ICC Prosecutor concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh

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ICJ: The State of Palestine institutes proceedings against the United States of America

On 28 September 2018, the State of Palestine instituted proceedings against the United States of America before the International Court of Justice, alleging violations of the Vienna Convention on Diplomatic Relations of 18 April 1961 because of the relocation, to the City of Jerusalem, of the United States embassy in Israel.

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ECCC: First convictions of two Khmer Rouge leaders for genocide

For the first time, on 16/11/2018, two leaders of Pol Pot’s Khmer Rouge regime in Cambodia, his deputy Nuon Chea, 92, and head of state Khieu Samphan, 87, were found guilty of genocide by the Extraordinary Chambers in the Courts of Cambodia

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ICC: Surrender of Alfred Yekatom to the ICC

Mr Alfred Yekatom was surrendered to the ICC on 17/11/2018, following the issuance of an arrest warrant by Pre-Trial Chamber II of the ICC on 11/11/2018 for his alleged criminal responsibility for war crimes and crimes against humanity committed in western CAR between December 2013 and August 2014

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EAW: The notification by a Member State of its intention to withdraw from the European Union does not prevent the execution of an European arrest warrant emanating from this State

By a judgment of 19 September 2018, the Court of Justice of the European Union has ruled that Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union.

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