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ICTR SCSL ECCC STL ICC

InternationaL Criminal TribunalS


a visual overvie w

1993 1994 2002 2005 2007 2002

INTERNATIONAL CRIMINAL TRIBUNALS


A VISUAL OVERVIE W

by DANIEL MCL AUGHLIN


Former Legal Officer at the ECCC and International Bar Association Fellow at the ICTY justicebydesign@gmail.com

This report is a project of the Leitner Center for International Law and Justice at Fordham Law School. The views expressed herein remain those of the author and are not reflective of the official position of Fordham Law School or Fordham University.

Creative direction / design: PAUL A AIRTH www.bepeculiar.com

TABLE OF CONTENTS
STL

INTRODUCTION
LE B AN O N

I N TRO D UC T ION

53
57 59 61

WHY THIS PUBLICATION? There is wide awareness, though little true understanding, of the work of the international criminal tribunals. International prosecutions of high-ranking civilian and military leaders, including former heads of state, on charges of crimes against humanity, war crimes and genocide, represent for many the ultimate condemnation of these individuals past actions and a measure of their fall from power. Yet, despite the tribunals grasp on the popular imagination, they are the subject of significant misconceptions and confusion. Much of the media coverage dedicated to their work remains superficial, at best, and largely muddles over key distinctions between various tribunals, past and present. Conversely, the more informed scholarship is largely confined to specialty publications that remain inaccessible to most. In truth, many lawyers and non-lawyers alike lack a clear understanding of the role and functioning of these increasingly-pivotal international institutions. This publication seeks to redress this knowledge gap by providing well-researched and accessible information for those wishing to more fully understand the international criminal tribunals and the conflicts over which they have jurisdiction. An informed public is an engaged public - and the issues that animate these tribunals, including delivering justice for victims of some of the worlds worst atrocities, are too significant to be discussed solely by a small cadre of international criminal law specialists. Notably, this publication was created in partnership with graphic and information designers so as to reach a broader public. The designers' visualizations present information regarding the tribunals and their underlying conflicts in a direct and accessible manner to a wide range of viewers, including those without a legal background. Beyond this democratizing function, information visualization also serves to reveal important data and trends that might otherwise go unnoticed in a more conventional format. Ideally, the following information, which is current as of January 2013, would be integrated into a continually updated interactive webportal dedicated to engaging a global public on issues of international justice. In sum, this publication aims to facilitate a broader discussion of the international criminal tribunals notable accomplishments, as well as ongoing shortcomings.

Introduction 4 Overview Map 5

Overview 56 Timeline of Conflict Tribunal information Tribunal cases

FO R M E R Y U G O S L AV IA

7
ICC

Overview 9 Timeline of Conflict Tribunal information Tribunal cases


ICTR

11 13 15

IN TE RN ATIO N AL C RIMIN AL CO U RT

63
67 71 73

Overview 66 Timeline of Conflict Tribunal information Tribunal cases

RWAN DA

21
CRSS

Overview 24 Timeline of Conflict Tribunal information Tribunal cases


SCSL

25 27 28

C RO SS C U TTIN G ISSU E S

75
77 79 81 83

Costs and Funding Crimes Charged / Convictions Crimes Against Humanity Sentencing

S I E R R A LEON E

33
37 39 41

Reparations 85
AD D ITIO N AL RE SO U RC E S

Overview 36 Timeline of Conflict Tribunal information Tribunal cases


ECCC

87
87

International Justice Resources


AN N E X

88
88 89

CAMBODIA

43
47 49 51

Acknowledgments Sources

Overview 46 Timeline of Conflict Tribunal information Tribunal cases

THE HAGUE, NE THERL ANDS


ICTY International Criminal Tribunal

for the former Yugoslavia


EST. 1993

STL

Special Tribunal for Lebanon


EST. 2007

THE NETHERLANDS

FORMER YUGOSLAVIA

ICC

International Criminal Court


EST. 2002

LEBANON

LIBYA

ECCC

MALI

DARFUR
SUDAN

CAMBODIA

SCS L

SIERRA LEONE IVORY COAST

P HNOM P EN H, C A M BO D I A
CENTRAL AFRICAN REPUBLIC RWANDA UGANDA ECCC Extraordinary Chambers in the

Courts of Cambodia
EST. 2005

FR EETOWN, SIE RR A LEONE


SCSL Special Court for Sierra Leone
EST. 2002

DEMOCRATIC REPUBLIC OF THE CONGO

KENYA

TA N Z A N I A

A RUS H A , TA N ZA N I A
ICTR International Criminal Tribunal

for Rwanda
EST. 1994

INTERNATIONAL CRIMINAL TRIBUNALS AND THEIR UNDERLYING CONFLICTS

INTRO 5

He finished raping me and said that he could perhaps, do more but [I] was about the same age as his daughter.

ESTIMATED DISPLACEMENTS

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

KOSOVO

1,453,000

DISPLACEMENTS

Testimony of Witness 50 in the Kunarac et al trial.

BOSNIA & HERZEGOVINA

2,000,000
DISPLACEMENTS

10,000
DEATHS

KOSOVO

104,732

DEATHS

ESTIMATED DEATHS

(DE AT HS IN PROP ORTION TO DISPL ACEMEN T S)

BOSNIA & HERZEGOVINA

20,000
DEATHS

CROATIA

CROATIA

550,000
INTRO 7

DISPLACEMENTS

LOC ATED IN THE HAGUE , THE NETHERL ANDS

ICTR

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA


OVERVIEW OF UNDERLYING CONFLICT

SCSL

ECCC

STL

ICC

In 1993, after a UN investigation of crimes being committed in the then-ongoing armed conflict in the former Yugoslavia, the UN Security Council created the ICTY under Chapter VII of the UN Charter.
The armed conflict concerned the six republics that made up the former Yugoslavia (Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia [including the regions of Vojvodina and Kosovo] and Slovenia). In June of 1991, the republics of Slovenia and Croatia declared their independence from the Socialist Federal Republic of Yugoslavia (FRY) and its military (JNA). This decision was immediately challenged militarily by Serbia, which wished to retain the republics in the Serb-dominated FRY. While Slovenia secured its independence after just a few weeks of fighting, the conflict in Croatia dragged on until 1995. The armed conflict in Bosnia and Herzegovina was also precipitated by its declaration of independence from the FRY, which further fragmented the republic among Muslim, Croat and Serb ethnic lines. All three sides fought each other, with the forces of each ethnic group made up of government troops, along with local and paramilitary forces. While Serb atrocities against Bosnian Muslims were committed on a broader scale, all parties to the conflict used various ethnic cleansing techniques intended to homogenize regions under their control. This conflict, the bloodiest by far of those that

POPULATION OF THE FORMER YUGOSLAVIA, c. 1991

12.9 million REST OF FORMER YUGOSLAVIA

ETHNIC MAKEUP
9.7% OTHER

POPULATION OF THE FORMER YUGOSLAVIA, c. 1991

4.7 million CROATIA 1.9 million KOSOVO

12.2% SERB

12.9 million REST OF FORMER YUGOSLAVIA

ETHNIC MAKEUP
9.7% OTHER

4.5 million BOSNIA & HERZEGOVINA

CROAT POPULATION FORMER YUGOSLAVIA OF THE FORMER Total Population in 1991: YUGOSLAVIA, c. 1991

78.1%

24 MILLION

4.7 million CROATIA 1.9 million KOSOVO

12.2% SERB

7% OTHER 17% CROAT 43% MUSLIM 12.9 million

ETHNIC MAKEUP gripped the region during the period, population fled in fear of reprisals. REST OF FORMER YUGOSLAVIA 33% formally came to an end following the In June 1999, Serbia agreed to interSERB national administration of Kosovo December 1995 signing of the Dayton 9.7% POPULATION MAP OF THE FORMER YUGOSLAVIA OTHER with the final status of the province Peace Accord. OF THE FORMER 12.2% unresolved. 4.7 million YUGOSLAVIA, 1991 capital In February of 1998, intermittent con- still c. SERB 8% CROATIA flict between Serb forces and the ethlocation of crime scene 10% OTHER SERB nic Albanian community in Kosovo 1.9 million KOSOVO 78.1% escalated into the last of the wars 4.5 million CROAT BOSNIA & in the FRY. Breaches of international 12.9 million ETHNIC MAKEUP HERZEGOVINA REST OF FORMER 82% humanitarian law included forced deALBANIANS YUGOSLAVIA portations, attacks on fleeing civilians 7% 9.7% and indiscriminate shelling of towns OTHER OTHER and villages by Serb forces. NATO car12.2% 17% 4.7 million ried out a 78-day-long campaign of air SERB CROAT CROATIA 43% strikes against targets in Kosovo and MUSLIM Serbia. In response, Serb forces fur1.9 million KOSOVO 78.1% ther intensified the persecution of the 33% 4.5 million CROAT SERB Kosovo Albanian civilians. Ultimately, BOSNIA & HERZEGOVINA Serbian President Slobodan Miloevi agreed to withdraw his troops from the province. Some 750,000 Albanian refugees came home and about 100,000 Serbs roughly half the province's Serb
7% CROATIA OTHER
BOSNIA AND HERZEGOVINA 8%

4.5 million BOSNIA & HERZEGOVINA

78.1% CROAT

7% OTHER 17% CROAT 43% MUSLIM

33% SERB

8% 10% OTHER SERB

All estimates to the left as of 1991


82% ALBANIANS

Total Population: 17% 4.7 MILLION CROAT 43% MUSLIM 33% SERB

OTHER Total Population: 10% SERB 4.5 MILLION

KOSOVO

Total Population:

1.9 MILLION

ICTY 9

OVERVIEW

82% ALBANIANS

10

ICTY

19 94

19 98

19 96

CROATIA
JUNE - JULY 1991

FEBRUARY 1992

SUMMER 1995 EARLY 1993

Slovenia & Croatia declare independence from the FRY. The conflict in Slovenia is brief, but in Croatia it continues to escalate.
DECEMBER 1991

Sporadic fighting continues on the ground despite the establishment of a UN Protection Force.

Fighting escalates again as offensives from Croat forces resume against Serb positions.

Croat forces launch two major offensives to regain all but a pocket of territory causing a major exodus of Serbs into Bosnia and Serbia.

FALL 1995

The war in Croatia effectively ends.

JANUARY 1992

Croatian Serbs declare a third of Croatias territory an independent Serb state. Non-Serbs are forcibly expelled.

A UN-sponsored ceasefire is agreed to.

BOSNIA & HERZEGOVINA


MARCH 1992

SUMMER 1992

Bosnia declares independence from the FRY following a referendum supported by Croats and Muslims, but boycotted by Serbs.
APRIL 1992

Large-scale attacks by Serb forces continue in Bosnia, including around Sarajevo, which will remain under siege until February 1996.
MAY 1992

SUMMER 1993

Ethnic cleansing continues across Bosnia.


FEBRUARY 1994

DECEMBER 1995

Dayton Peace Accord is signed in Paris.


NOVEMBER 1995

JNA withdraws from Bosnia but leaves behind Serb forces and arms.

Serb forces shell the crowded Markale market in Sarajevo.


JULY 1995

Peace talks are held in Dayton, Ohio.

Post-referendum violence breaks out into war after the US and EU formally recognize Bosnia. Bosnian Serbs proclaim 70% of Bosnias territory to be a Serb republic.

APRIL 1992

The conflict turns into a bloody three-sided fight for territories. Bosnian Serbs, Croats and Muslims all establish detention camps, though a majority are Serb-run.

In a designated UN Safe Area, Bosnian Serbs led by Ratko Mladic massacre over 7,000 men and boys in Srebrenica - the largest war crime to take place in Europe since WWII.

KOSOVO
OCTOBER 1997

JANUARY 1999

Serb police assault a peaceful protest of 20,000 in Pristina and start to detain Kosovar Albanian opponents.
JANUARY - APRIL 1998

Serb paramilitary groups enter Kosovo. Armed skirmishes between Serb and Kosovar Albanians increase dramatically.
APRIL 1998

Serb forces move into Kosovo in large numbers.

Amnesty International reports that extra-judicial executions, excessive force, and disappearances perpetrated by Serb forces are frequent and evince an established pattern.
JULY - AUGUST 1998

MARCH - JUNE 1999

INTERNATIONAL RESPONSE
SEPTEMBER 1991 FEBRUARY 1992 AUGUST - SEPTEMER 1995 MAY 1993

Serb incursions into Albanian territory are commonplace as indiscriminate Serb shelling and attacks on fleeing civilians are also increasingly reported.

NATO launches air campaign against Serbia to stop atrocities carried out in Kosovo. The campaign is suspended following agreement to withdraw Serb forces from Kosovo.

MAY 1999

UN Security Council imposes a weapons embargo.

UN Security Council creates a peacekeeping force (UNPROFOR), which grows to 39,000 personnel.

NATO launches air campaign against Bosnian Serb targets to stop attacks on UN safe areas.
MARCH 1995 NOVEMBER 1996

OCTOBER 1991

UN Security Council creates the ICTY under Chapter VII of the UN Charter.
JULY 1994

Slobodan Milosevic is indicted by the ICTY for crimes in Kosovo. The charges are later expanded to cover crimes in Bosnia and Croatia.

UN Secretary General appoints a personal envoy to the region.

JANUARY 1993

UN Commission of Experts calls for an international criminal tribunal to prosecute atrocities.

UN Security Council appoints Richard Goldstone as the first ICTY prosecutor.


AUGUST 1994

UNPROFOR is replaced with three separate missions in Croatia, Bosnia and Macedonia.
NOVEMBER 1994

The first ICTY judgment is rendered.

JUNE 1999

Following UN Security Council resolution, a NATO-led peacekeeping force (KFOR) enters Kosovo.

NATO meets to approve command and control arrangements for the use of air power.

The first ICTY indictment is issued.

ICTY 11

19 99
12

19 92

19 93

19 95

TIMELINE OF CONFLICT

19 97

ICTY

CRE ATED IN 1993 PURSUANT TO UNITED NATIONS SECURIT Y COUNCIL RESOLUTION

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA


ICTY ANNUAL CONTRIBUTIONS, 1993 - 2015
$

TOTAL ESTIMATED COST OF ICTY


JAPAN GERMANY ESTIMATED

INDIVIDUALS WITH FINAL CONVICTIONS

200
MILLIONS OF USD

TOTAL CONTRIBUTIONS

USA

$2,319,357,047
DATE OF FIRST ICTY INDICTMENT

SIXTY SIX
Zlatko Aleksovski Milan Babi Haradin Bala Predrag Banovi Vidoje Blagojevi Tihomir Blaki Ljubomir Borovanin Miroslav Bralo Radoslav Branin Mario erkez Ranko ei Hazim Deli Rasim Deli Miroslav Deronji Damir Doen Draen Erdemovi Anto Furundija Stanislav Gali Enver Hadihasanovi Goran Jelisi Dragan Joki Miodrag Joki Drago Josipovi Dragan Kolundija Dario Kordi Milojica Kos Radomir Kova Momilo Krajinik Milorad Krnojelac Radislav Krsti Amir Kubura Dragoljub Kunarac Miroslav Kvoka Esad Lando Milan Luki Sredoje Luki Milan Marti Vinko Martinovi Dragomir Miloevi Darko Mra Mile Mrki Zdravko Muci Mladen Naletili Dragan Nikoli Momir Nikoli Dragan Obrenovi Biljana Plavi Dragoljub Prca Mlao Radi Ivica Raji Vladimir anti Duko Sikirica Blagoje Simi Milan Simi Veselin ljivananin Milomir Staki Pavle Strugar Duko Tadi Miroslav Tadi Johan Tarulovski Stevan Todorovi Mitar Vasiljevi Zoran Vukovi Simo Zari Dragan Zelenovi Zoran igi

7 NOV 1994
150

FIRST ICTY INDICTEE

DRAGAN NIKOLI
100

INDICTMENTS ISSUED

161
average of 8.5 per year ONGOING PROCEEDINGS

50

TWENTY NINE INDIVIDUALS


PLEADED GUILTY
95 97 99 01 03 05 07 09 11 13 15

0 93

TWENTY
INDICTMENTS REFERRED TO NATIONAL JURISDICTIONS

FINLAND

5
NORWAY

TRIBUNAL INFORMATION

Located at The Hague, in The Netherlands, the ICTY was created in May 1993 by the UN Security Council under Chapter VII of the UN Charter. The ICTY has jurisdiction over crimes against humanity, genocide, and war crimes in international and non-international armed conflicts committed in the territory of the former Yugoslavia after January 1, 1991. The ICTY exercises primacy over the national tribunals of the former Yugoslavia but may refer cases to these courts, which continue to exercise concurrent jurisdiction. The judicial chambers of the ICTY, which consist of three Trial Chambers and one

Appeals Chamber (the latter of which is shared with the ICTR), are comprised of international judges. Due to delays and the capture of the last at large indictees in 2011, all trials and appeals at the ICTY will likely be concluded no sooner than 2016.

THIRTEEN
INDICTEES STILL AT LARGE

SWEDEN

ESTONIA

ZERO
The final two indictees still at large, Goran Hadi and Ratko Mladi, were arrested on 20 July 2011 and 26 May 2011, respectively NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE/WERE SERVING THEIR SENTENCES

2
UNITED KINGDOM

2
DENMARK BELGIUM

4 1

GERMANY

4
AUSTRIA

THIRTEEN
see map for countries and numbers of convicted persons (remaining are detained in The Hague awaiting transfer)
SPAIN PORTUGAL

FRANCE

6
ITALY

4 5

1
ICTY 13
TRIBUNAL INFORMATION

14

ICTY

CASE BY CASE INFORMATION


THE ICTYS STATUTE AND RULES OF PROCEDURE AND EVIDENCE outline the procedures applicable to cases brought before the tribunal. Under these documents, the Prosecutor has broad discretion to initiate investigations and to indict individuals suspected of crimes that are within the parameters of the ICTYs jurisdiction. Formal charges against a defendant are marked by the confirmation of an indictment by a pre-trial judge. Following their arrest or voluntary surrender, defendants then appear before the ICTY where they enter a plea of guilty or not guilty on each count of the indictment against them. Typically, a case will then proceed to trial, at the conclusion of which the Trial Chamber will issue a Trial Judgment which determines the defendants guilt or innocence (in which case they are released ). The Trial Chambers determinations can be appealed to the Appeals Chamber, which, following an appeals hearing, issues an Appeals Judgment affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed or who are convicted on appeal are typically transferred to serve out the remainder of their sentence to one of 17 domestic jurisdictions that have signed agreements with the ICTY. Proceedings against these convicted defendants close once they are released either through early release or after serving out the entirety of their sentence. More generally, proceedings against defendants before the ICTY may be terminated if their indictment is withdrawn or if their case is referred to a competent national jurisdiction , and where a defendant dies . Within this generally applicable procedural framework however, cases are inevitably shaped by their own unique circumstances. In some instances, the time from indictment to final conviction is completed relatively quickly, which often reflects an arrest immediately following the indictment and the entry of a guilty plea that allows for abbreviated hearings (see e.g., DERONJI, Miroslav). In other cases, defendants evade arrest for years following their indictment thus significantly delaying their being brought to trial (see e.g., MLADI, Ratko). Individually, the graphics that follow show the unique procedural history of each of the 161 indictments issued by the ICTY, while collectively they illustrate the magnitude of the work carried out by the tribunal since its first indictment was issued in November 1994.
SYMBOL KEY FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35

ADEMI, Rahim ALAGI, Mehmed ALEKSOVSKI, Zlatko

ALILOVI, Stipo BABI, Milan BABI, Mirko

BALA, Haradin

BALAJ, Idriz BANOVI, Nenad BANOVI, Predrag

INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

BEARA, Ljubia BLAGOJEVI, Vidoje BLAKI, Tihomir BOBETKO, Janko

BOROVANIN, Ljubomir

BOROVNICA, Goran BOKOSKI, Ljube BRAHIMAJ, Lahi BRALO, Miroslav

BRANIN, Radoslav ERKEZ, Mario

ERMAK, Ivan EI, Ranko

ORI, Valentin DELALI, Zejnil

DELI, Hazim

DELI, Rasim DERONJI, Miroslav DOKMANOVI, Slavko OREVI, Vlastimir

DOEN, Damir

DRLJAA, Simo UKI, orde

ERDEMOVI, Draen FURUNDIJA, Anto

ICTY 15

TRIBUNAL CASES

16

ICTY

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

FUTAR, Duan

71 72

KUPREKI, Mirjan KUPREKI, Vlatko KUPREKI, Zoran

GAGOVI, Dragan GALI, Stanislav

73 74 75 76 77

GOTOVINA, Ante GOVEDARICA, Zdravko GRUBAN, (unknown) GRUBAN, Momilo

KVOKA , Miroslav LAJI, Goran LANDO, Esad

LAZAREVI, Vladimir LIMAJ, Fatmir LJUBII, Pako LUKI, Milan LUKI, Sredoje

GVERO, Milan

78 79 80 81

HADI, Goran HADIHASANOVI, Enver

HALILOVI, Sefer HARADINAJ, Ramush JANJI, Janko JANJI, Nikica

82 83 84 85 86 87 88 89

LUKI, Sreten MARINI, Zoran

MARKA, Mladen MARTI, Milan MARTINOVI, Vinko

JANKOVI, Gojko JELISI, Goran

JOKI, Dragan JOKI, Miodrag JOSIPOVI, Drago KARADI, Radovan

MEJAKI, eljko MILETI, Radivoje MILJKOVI, Slobodan

90 91 92 93 94

MILOEVI, Dragomir

KATAVA, Marinko KNEEVI, Duko

MILOEVI, Slobodan MILUTINOVI, Milan MLADI, Ratko

KOLUNDIJA, Dragan KONDI, Dragan

MRA, Darko MRKI, Mile MUCI, Zdravko

KORDI, Dario KOS, Milojica KOSTI, Predrag

95 96 97

MURTEZI, Agim MUSLIU, Isak NALETILI, Mladen

KOVA, Radomir KOVAEVI, Milan

98 99

KOVAEVI, Vladimir KRAJINIK, Momilo KRNOJELAC, Milorad

100 NIKOLI,

Dragan


SYMBOL KEY
FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

KRSTI, Radislav KUBURA, Amir KUNARAC, Dragoljub

ICTY 17

TRIBUNAL CASES

18

ICTY

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

101

NIKOLI, Drago Momir

136 SIMI, 137

Milan

102 NIKOLI, 103 NORAC,

SKOPLJAK, Pero Veselin

Mirko Dragan

138 LJIVANANIN, 139 STAKI,

104 OBRENOVI, 105 OJDANI, 106 ORI,

Milomir

Dragoljub

140 STANII, 141

Jovica

Naser Vinko

STANII, Mio Radovan

107 PANDUREVI, 108 PAPI,

142 STANKOVI, 143 STOJI,

Dragan Nedjeljko

Bruno Vlajko

109 PASPALJ, 110 111 112 113 114 115 116 117 118 119

144 STOJILJKOVI, 145 STRUGAR, 146 TADI,

PAVKOVI, Neboja PAVLI, Milan

Pavle

Duko

PERII, Momilo PETKOVI, Milivoj PLAVI, Biljana POPOVI, Milutin

147 TADI, 148 TALI,

Miroslav

Momir

149 TARULOVSKI, 150 TIMARAC, 151

Johan

Nedjeljko

POPOVI, Vujadin PRALJAK, Slobodan PRCA, Dragoljub PREDOJEVI, Draenko

TODOROVI, Stevan Savo

152 TODOVI, 153 TOLIMIR, 154 TRBI,

Zdravko

Milorad Mitar

120 PRLI, 121

Jadranko

155 VASILJEVI, 156 VUKOVI, 157

PUI, Berislav

Zoran

122 RADI, 123 RADI, 124 RAJI,

Miroslav Mlao

ZARI, Simo Milan Dragan

158 ZEC,

Ivica Mitar eljko

159 ZELENOVI, 160 IGI, 161

125 RAEVI,

Zoran

126 RANATOVI, 127

UPLJANIN, Stojan

AINOVI, Nikola Ivan Vladimir Dragomir

128 ANTI, 129 ANTI,

130 APONJA, 131

SAVI, eljko

132 EELJ,

Vojislav Duko

SYMBOL KEY

FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL

APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL

INDICTMENT WITHDRAWN OR

133 SIKIRICA,

REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

134 SIMATOVI, 135 SIMI,

Franko

Blagoje

ICTY 19

TRIBUNAL CASES

20

ICTR
4
3

8
9
1

5
4
3

8
9

24

HOURS

ONE
DAY =

FOUR
DAYS =

ICTR
11
12

INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

11
12

10

HOURS

333 DEAD

7,992
23

13
14

22

DEAD

31,968
DEAD
14

24

13

23

1
1

RWANDANS MASSACRED:
3

8
9
3

NUMBER OF PAGES THESE CHARTS WOULD SPAN:

16+

HOURS

24

24

HOURS

TWO
DAYS = DEAD

FIVE
DAYS =

15,984
14
22

39,960
22

23

23

DEAD

5
4
3

8
9
3

5
4

HOURS

THREE
DAYS =

24

24

HOURS

SIX
DAYS =

23,976
22

DEAD

47,952
22

23

23

DEAD

ICTR 21

16

17

18

19

20

16

17

18

19

20

16

17

18

19

20

17

18

19

20
10

16

18

17

19

18

20

100 800,000
21

16

17

NUMBER OF DAYS:

2
8
9
10

6
19

20

2
2

The Interahamwe searching the forest then saw the Witness and the baby she was carrying on her back. The Interahamwe put the baby on the ground and stripped and beat the Witness until she lost consciousness. [...] When the Witness regained consciousness, she saw her raped daughter dead, with her mouth open and legs apart. Another child, soaked in the blood from her raped daughter's vagina, was screaming next to the dead body.
-Excerpt from Judgment inProsecutor v. Kajelijeli, citing witness testimony

11

11
12
13

12
13

14

1
10

8
9

10

11
12
13

11
12
13

14

14

1 1

22

LOC ATED IN ARUSHA , TANZANIA


ICTY

ICTR
SCSL

INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA


OVERVIEW OF UNDERLYING CONFLICT

Uganda

ECCC

STL

ICC

The UN Security Council established the ICTR under Chapter VII of the UN Charter in response to the genocide in Rwanda. The 1994 Rwandan genocide was fueled by long-running ethnic and political tensions between Hutu and Tutsi groups, which were exacerbated during Belgiums colonial rule and continued after Rwanda gained independence in 1962.
In the years following Rwandas independence, waves of Hutu discrimination, harassment and violence drove many Tutsis from the country, including to neighboring Uganda where they formed the Rwandan Patriotic Front (RPF) in 1990. Following a three-year civil war waged between the RPF and government forces, Rwandan president Habyarimana agreed to the Arusha Peace Agreement in 1993, which called for the creation of multiparty democracy in Rwanda. Hutu extremists denounced the Arusha Peace Agreement and intensified their propaganda campaign against Tutsis, notably through the press and RadioTelevision Libre des Mille Collines (RTLMC). On April 6, 1994, a plane carrying Rwanda and Burundis presidents was shot down outside Kigali. RTLMC immediately blamed president Habyarimanas assassination on Tutsis (the responsible parties have never been conclusively identified) and within hours the Rwandan army, along with

1% TWA

Democratic Republic of Congo

9% TUTSI

RUHENGERI BYUMBA

GISENYI

90% HUTU

KIGALI
RWANDA

Total Population in 1994:

8,373,963

KIBUYE

GITARMA KIBUNGO

Hutu militias known as Interahamwe, began setting up roadblocks, apprehending Tutsis and massacring them. Hundreds of thousands of civilians were enlisted or coerced into participating in the killings, which began targeting not only Tutsis but also moderate Hutus, as well as those who refused to participate in the slaughter. From April to mid-July 1994, when the RPF gained control over the country and effectively ended the genocide, approximately 800,000 Rwandans were massacred, with countless more raped, mutilated and tortured. To its great discredit, the international community did little to address the ongoing slaughter in Rwanda. As a consequence of the 1993 Arusha Peace Agreement, the UN had established the United Nations Assistance Mission for Rwanda (UNAMIR), headed

by Canadian General Romeo Dallaire, to assist in Rwandas transition. In the months preceding the genocide, the UN largely ignored General Dallaires warnings of an impending campaign of extermination. Then, once the genocide had begun, the UN reduced its UNAMIR presence in Rwanda from 2,539 to 270 personnel, effectively renouncing any armed intervention to stop the massacre. Only after the RPF had halted most of the killings and forced Hutu genocidaires toward the Congolese border in July 1994 was any significant international assistance sent to Rwanda. It was against this backdrop of inactivity, and the thenrecent establishment of the ICTY, that the UN Security Council established the ICTR in November 1994.

GIKONGORO CYANGUGU BUTARE

Burundi

Tanzania

RWANDA
MAP OF RWANDA provincial capital national capital

ICTR 23

OVERVIEW

24

ICTR

RWANDA

199 4

AR

AY

NO V

AU G

OC T

JA N

DOMESTIC EVENTS
WEEK OF APRIL 18 APRIL 6

Massacre at Karama Church. Tens of thousands of people killed.


MID-MAY JULY 4

The plane carrying Rwandan President Habyarimana and the President of Burundi is shot down outside of Kigali.
APRIL 7

Government officials in a position to take over the country are assassinated, including Prime Minister Uwilingiyimana, who is killed along with the Belgian UN personnel guarding her.
APRIL - JULY

ICRC estimates that 500,000 have died so far in the genocide.


MAY 21

RPF captures Kigali, thus effectively ending the genocide. Over the past 100 days, an average of 333 Rwandans were killed every hour.

RPF forces capture the Kigali airport.


EARLY JUNE

JULY - AUGUST

Within hours of President Habyarimanas death, the Rwandan army and Hutu militias began slaughtering Tutsis and moderate Hutus. Hundreds of thousands of Hutus join in the mass killings, which continue for the next hundred days. WEEK OF APRIL 11 Murambi Technical School massacre. 2,600 to 4,000 people killed.
APRIL 15-16

Hutu government flees Rwanda, followed by a tide of refugees fearing reprisals from the RPF.

Massacre at Nyakizu. 20,000 people killed.


L ATE JUNE

Massacre at Cyahinda church. 10,000 to 15,000 people killed.

Rwandese government forces weakened as RPF intensifies its offensives to take Kigali and other government-controlled areas.

INTERNATIONAL RESPONSE
JANUARY 11 FEBRUARY APRIL MAY 30 JULY 17 NOVEMBER 8

General Dallaire, force commander of the UN Assistance Mission for Rwanda (UNAMIR), sends a telegram to UN Secretary General with key information regarding the risk of genocide in Rwanda.

General Dallaire continues to request permission for UNAMIR to take a more active role in Rwanda in light of the growing threat of violence.
MARCH 22

UNAMIR troops reach 2,539 personnel from 24 participating countries, though their mandate to use force to protect civilians remains limited.

Following the killing of 10 Belgian UNAMIR peacekeepers, Belgian and French UNAMIR troops leave Rwanda. Days later UN Security Council unanimously votes to reduce UNAMIR presence to 270 troops.

UN Secretary General Rwanda report to UN Security Council finally uses the word genocide, though members of the Council still refuse to formally recognise the slaughter as such.

UN reports that over a million Rwandese have crossed over into Zaire fearing reprisals from the RPF.

The UN Security Council votes to create the ICTR under Chapter VII of the UN Charter.

JUNE 22

UN Security Council authorizes the deployment of French troops in Rwanda, which largely serves to protect fleeing Hutu genocidaires from RPF reprisals.

ICTR 25

TIMELINE OF CONFLICT

DE C
26

FE B

JU N

JU L

AP

SE

ICTR

CRE ATED IN 1994 PURSUANT TO UNITED NATIONS SECURIT Y COUNCIL RESOLUTION

INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA


ICTR ANNUAL CONTRIBUTIONS, 1994 - 2013
MILLIONS OF USD

I C T R A N N UA L CO N T R I B U T I O N S , 1 9 9 4 - 2 0 1 3
USA JAPAN GERMANY ESTIMATED

TOTAL ESTIMATED COST OF ICTR

INDIVIDUALS WITH FINAL CONVICTIONS

200

TOTAL CONTRIBUTIONS

$1,757,521,910
DATE OF FIRST ICTR INDICTMENT

FORTY FIVE
Jean Paul Akayesu Michel Bagaragaza Thoneste Bagosora Jean Bosco Barayagwiza Simon Bikindi Paul Bisengimana Sylvestre Gacumbitsi Jean-Baptiste Gatete Idelphonse Hategekimana Samuel Imanishimwe Juvnal Kajelijeli Callixte Kalimanzira Jean Kambanda Jean de Dieu Kamuhanda Gaspard Kanyarukiga Franois Karera Clment Kayishema Mikaeli Muhimana Yussuf Munyakazi Alfred Musema Tharcisse Muvunyi Ferdinand Nahimana Simeon Nchamihigo Emmanuel Ndindabahizi Hassan Ngeze Eliezer Niyitegeka Anatole Nsengiyumva Aloys Ntabakuze Elizaphan Ntakirutimana Grard Ntakirutimana Dominique Ntawukulilyayo Joseph Nzabirinda Tharcisse Renzaho Juvnal Rugambarara Georges Ruggiu Emmanuel Rukundo Georges Rutaganda Vincent Rutaganira Obed Ruzindana Laurent Semanza Athanase Seromba Joseph Serugendo Omar Serushago Ephrem Setako Aloys Simba

28 NOV 1995
150
FIRST ICTR INDICTEES

100

Kayishema, Muhimana, Ndimbati, Rutaganira, Ruzindana, Ryandikayo and Sikubwabo


INDICTMENTS ISSUED

SWEDEN

90
50
average of 5 per year ONGOING PROCEEDINGS

0 94 96 98 00 02 04 06 08 10 12

SIXTEEN INDIVIDUALS
PLEADED GUILTY TRIBUNAL INFORMATION

ITALY

Sitting in Arusha, Tanzania, the ICTR was created ICTR activities were to be completed by 2010, trials in November 1994 by the UN Security Council under and appeals are still ongoing before the tribunal, Chapter VII of the UN Charter. and nine indictees remain at large. The ICTR is The ICTR has jurisdiction over crimes against hu- now actively referring cases to Rwanda and has manity, genocide, and war crimes in non-interna- established a residual mechanism as it moves to tional armed conflicts, which were committed in wrap up its proceedings. the territory of Rwanda between 1 January 1994 and 31 December 1994. The ICTR may also prosecute Rwandan citizens responsible for the commission of these crimes in the territory of neighboring States during the same period. The judicial chambers of the ICTR, which consist of three Trial Chambers and one Appeals Chamber, are comprised of international judges. Although all

NINE
INDICTMENTS REFERRED TO NATIONAL JURISDICTIONS

TEN
INDICTEES STILL AT LARGE

THREE
Bizimana, Kabuga and Mpiranya (the cases of an additional six at large indictees were referred to national jurisdictions) NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE/WERE SERVING THEIR SENTENCES
MALI

20

FOUR
see map for countries and numbers of convicted persons (remaining are detained in Arusha awaiting transfer)

BENIN

16

ICTR 27

TRIBUNAL INFORMATION

28

ICTR

CASE BY CASE INFORMATION


SYMBOL KEY FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

PROCEDURES BEFORE THE ICTR LARGELY MIRROR THOSE OF THE ICTY. Thus, the ICTRs Statute and its Rules of Procedure and Evidence outline the procedures applicable to cases brought before the tribunal. Under these documents, the Prosecutor has broad discretion to initiate investigations and to indict individuals suspected of crimes that are within the parameters of the ICTRs jurisdiction. Formal charges against a defendant are marked by the confirmation of an indictment by a pre-trial judge. Following their arrest or voluntary surrender, defendants then appear before the ICTR where they enter a plea of guilty or not guilty on each count of the indictment against them. Typically, a case will then proceed to trial, at the conclusion of which the Trial Chamber will issue a Trial Judgment which determines the defendants guilt or innocence (in which case they are released ). The Trial Chambers determinations can be appealed to the Appeals Chamber, which, following an appeals hearing, issues an Appeals Judgment affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed and/or who are convicted on appeal are typically transferred to serve out the remainder of their sentence to one of the domestic jurisdictions that have signed agreements with the ICTR. Proceedings against these convicted defendants close once they are released either through early release or after serving out the entirety of their sentence. More generally, proceedings against defendants before the ICTR may be terminated if their indictment is withdrawn or if their case is referred to a competent national jurisdiction , and where a defendant dies . As is evident from the graphics that follow, the ICTR has indicted a little more than half as many individuals as the ICTY. Proceedings before the ICTR have also proceeded at a slower pace than those before the ICTY. Moreover, a number of ICTR indictees remain at large, though their cases are increasingly being referred to Rwandas domestic tribunals as the ICTR moves to wind up its operations.

1 2 3 4 5 6 7 8

AKAYESU, Jean Paul

BAGAMBIKI, Emmanuel

BAGARAGAZA, Michel BAGILISHEMA, Ignace

BAGOSORA, Thoneste

BARAYAGWIZA, Jean Bosco

BICAMUMPAKA, Jrme BIKINDI, Simon

APPEAL CONVICTION FOUND INNOCENT ON APPEAL

9 10 11 12

BISENGIMANA, Paul BIZIMANA, Augustin

INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

BIZIMUNGU, Augustin BIZIMUNGU, Casimir

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35

BUCYIBARUTA, Laurent GACUMBITSI, Sylvestre

GATETE, Jean Baptiste HATEGEKIMANA, Idelphonse IMANISHIMWE, Samuel

KABILIGI, Gratien KABUGA, Flicien KAJELIJELI, Juvnal

KALIMANZIRA, Callixte KAMBANDA, Jean

KAMUHANDA, Jean de Dieu KANYABASHI, Joseph

KANYARUKIGA, Gaspard KAREMERA, Edouard

KARERA, Franois KAYISHEMA, Clment

KAYISHEMA, Fulgence MPAMBARA, Jean MPIRANYA, Protais MUGENZI, Justin MUGIRANEZA, Prosper MUHIMANA, Mikaeli

MUNYAGISHARI, Bernard

ICTR 29

TRIBUNAL CASES

30

ICTR

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

MUNYAKAZI, Yussuf

71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87

RENZAHO, Tharcisse RUGAMBARARA, Juvnal RUGGIU, Georges

MUNYARUGARAMA, Pheneas (under seal) MUNYESHYAKA, Wenceslas MUSABYIMANA, Samuel MUSEMA, Alfred

RUKUNDO, Emmanuel RUSATIRA, Lonidas RUTAGANDA, Georges RUTAGANIRA, Vincent RUZINDANA, Obed

MUVUNYI, Tharcisse NAHIMANA, Ferdinand

NCHAMIHIGO, Simeon NDAHIMANA, Gregoire NDAYAMBAJE, Elie

RWAMAKUBA, Andr

RYANDIKAYO, Charles SAGAHUTU, Innocent SEMANZA, Laurent

NDIMBATI, Aloys NDINDABAHIZI, Emmanuel NDINDILIYIMANA, Augustine NGEZE, Hassan

SEROMBA, Athanase

SERUGENDO, Joseph SERUSHAGO, Omar

NGIRABATWARE, Augustin NGIRUMPATSE, Mathieu NIYITEGEKA, Eliezer

SETAKO, Ephrem

SIKUBWABO, Charles SIMBA, Aloys

NIZEYIMANA, Idelphonse NSABIMANA, Sylvain

88 89 90

UWINKINDI, Jean Bosco ZIGIRANYIRAZO, Protais

NSENGIMANA, Hormisdas NSENGIYUMVA, Anatole NTABAKUZE, Aloys NTAGANZWA, Ladislas NTAGERURA, Andr NTAHOBALI, Arsne Shalom NTAKIRUTIMANA, Elizaphan NTAKIRUTIMANA, Gerard

NTAWUKULILYAYO, Dominique NTEZIRYAYO, Alphonse NTUYAHAGA, Bernard NYIRAMASUHUKO, Pauline NZABIRINDA, Joseph NZABONIMANA, Callixte NZIRORERA, Joseph


SYMBOL KEY
FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

NZUWONEMEYE, Franois-Xavier

ICTR 31

TRIBUNAL CASES

32

10 350 SCSL

When I was young, a long time ago I used to write. Now I can't write because I do not have hands.
Testimony of Witness TF1-072 in the Brima et al trial.
NUMBER OF UN PEACEKEEPERS IN SIERRA LEONE IN 2000:

SCSL

SPECIAL COURT FOR SIERRA LEONE

50,000

17,500

ESTIMATED NUMBER OF DEATHS DUE TO CONFLICT:

50,000

3,500

7, 0 0 0

10,500

14,000

17,500

21,000

24,500

28,000

31,500

35,000

38,500

42,000

45,500

49,000

SCSL 33

34

LOC ATED IN FREETOWN, SIERR A LEONE


ICTY

SPECIAL COURT FOR SIERRA LEONE


Guinea
OVERVIEW OF UNDERLYING CONFLICT

ICTR

SCSL
ECCC

STL

ICC

The SCSL was created in 2002 through an agreement between Sierra Leone and the UN, in response to the atrocities committed during the civil war that ravaged the country throughout the 1990s.
The protracted conflict in Sierra Leone opposed pro-government forces, namely the Civil Defence Forces (CDF) to two rebel groups (the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council (AFRC)), as well as each factions respective international allies. By the early 1990s, unemployment in Sierra Leone was widespread and the educational system had collapsed. Leaders of the RUF, aided by Liberian President Charles Taylor, emerged out of this discontent with the objective of overthrowing the ruling government and taking control of the countrys diamond mines. In 1997, a rebel faction of the Sierra Leone Army, the AFRC, carried out a coup dtat against the democratically-elected government. The AFRC then aligned itself with the RUF in an uneasy power-sharing agreement, which opposed them to the pro-government CDF. In 1998, backed by foreign troops from the Economic Community of West African States Monitoring Group (ECOMOG), the CDF managed to regain control of key districts in Sierra Leone and retake control of Freetown. Additional international personnel from the UN Mission in Sierra Leone (UNAMSIL), whose presence

1% CREOLE, EUROPEAN, LEBANESE & ASIAN

MAKENI

30% TEMNE

39% OTHER

FREETOWN

30% MENDE

Liberia
Bo
SIERRA LEONE

Kenema

Total Population in 1996:

4,793,121

grew to 17,500, deployed to Sierra Leone to try to maintain peace between the warring factions and protect the civilian population. After the signing and subsequent collapse of numerous peace agreements between the government and rebel forces, the civil war officially ended in January of 2002. Throughout, the conflict in Sierra Leone was marked by exceptional brutality, including the widespread conscription of children as soldiers and sexual slaves, and the calculated physical mutilation of civilians. The RUF, in particular, became infamous for its amputation of civilians limbs as a terror tactic. An estimated 50,000 people were killed during the Sierra Leonean conflict, while countless others were forced to flee their homes.

SIERRA LEONE

MAP OF SIERRA LEONE

provincial capital national capital

SCSL 35

OVERVIEW

36

SCSL

SIERRA LEONE

20 00

20 02

DOMESTIC EVENTS
SPRING 1998 NOVEMBER 1996 MARCH 1996 NOVEMBER 2000

President Kabbah takes office after elections amidst ongoing civil conflict between government and the RUF.

President Kabbah signs Abidjan Peace Accord with RUF, granting their forces broad amnesty. Hostilities quickly resume, however.
MAY 1997

ECOMOG and pro-government CDF retake several districts in Sierra Leone.


JUNE 2000 EARLY 1999 JULY 1999

New ceasefire signed between government and RUF in Abuja.

Faction of Sierra Leone Army overthrows the government of President Kabbah and forms the AFRC, which enters into uneasy power sharing agreement with the RUF.
OCTOBER 1997

AFRC forces invade Freetown before being forced to retreat, which results in massive civilian casualties.

Government and RUF sign Lom Peace Agreement. AFRC not represented. RUF hostilies still continue.

President Kabbah asks the UN to create a tribunal to prosecute human rights abuse perpetrators.

JANUARY 2002

Civil war is formally declared over by President Kabbah and weapons are symbolically burned. .

Conakry Peace Plan signed in Guinea to restore Constitutional governance to Sierra Leone. AFRC nevertheless continues to cling to power.

FEBRUARY 1998

Nigerian-led forces from ECOMOG remove AFRC from Freetown and reinstate President Kabbah.

INTERNATIONAL RESPONSE
SUMMER 1997 JANUARY 2002 JULY 1998 OCTOBER 1999 MARCH 2001 MAY 2000

International outcry over AFRC coup in Sierra Leone. ECOMOG troops are mandated with addressing the civil conflict in Sierra Leone.
OCTOBER 1997

UN Security Council establishes a monitoring group for Sierra Leone.

UNAMSIL created to implement Lom Peace Agreement.

British Royal Marines help the government battle RUF forces.

UN increases UNAMSIL forces to 17,500 personnel.

UN and Sierra Leone sign an agreeement to establish the SCSL in Freetown.

UN Security Council imposes sanctions on Sierra Leone, including arms and petroleum bans.

SCSL 37

TIMELINE OF CONFLICT

20 03
38

20 01

19 98

19 96

19 99

19 97

SCSL

CRE ATED IN 2002 THROUGH AN AGREEMENT BET WEEN SIERR A LEONE AND THE UNITED NATIONS

SPECIAL COURT FOR SIERRA LEONE


SCSL ANNUAL CONTRIBUTIONS, 2002 - 2011
MILLIONS OF USD

S C S L A N N U A L C O N T R I B U T I O N S , 2 0 0 2 -2 0 1 1
TOTAL CONTRIBUTIONS USA SIERRA LEONE UK ESTIMATED

TOTAL ESTIMATED COST OF SCSL

INDIVIDUALS WITH FINAL CONVICTIONS

$208,211,374
DATE OF FIRST SCSL INDICTMENT

EIGHT
Alex Tamba Brima Morris Kallon Issa Hassan Sesay Augustine Gbao Brima Bazzy Kamara Moinina Fofana Allieu Kondewa Santigie Borbor Kanu In addition, Charles Taylor, found guilty by the SCSL Trial Chamber on 26 April 2012, is currently appealing his conviction before the SCSL Appeals Chamber

50

7 MAR 2003
FIRST SCSL INDICTEES

Bockarie, Brima, Kallon, Koroma, Norman, Sankoh, Sesay and Taylor


25
INDICTMENTS ISSUED

13
average of 1.3 per year ONGOING PROCEEDINGS

TWO INDIVIDUALS
0 01
PLEADED GUILTY

03
TRIBUNAL INFORMATION

05

07

09

11

ZERO
INDICTMENTS REFERRED TO NATIONAL JURISDICTIONS

Sitting in Freetown, Sierra Leone, the SCSL was created through an agreement between Sierra Leone and the UN. It has jurisdiction over both international crimes, namely crimes against humanity and war crimes, as well as crimes under Sierra Leonean law committed in Sierra Leone since 30 Nov. 1996. The SCSL exercises primacy over the national courts of Sierra Leone, which have concurrent jurisdiction. From 2002 to 2004, the SCSL also operated alongside a national Truth and Reconciliation Commission. The judicial chambers of the SCSL, which consist of two Trial Chambers and an Appeals Chamber, are comprised of a combination of judges appointed by

the UN (a majority) and by Sierra Leone (a minority). Given this mix of domestic and international elements, the SCSL is commonly described as a hybrid tribunal. While one indictee remains at large, all other SCSL trials have been completed, including that of Charles Taylor, the former president of Liberia, which was exceptionally held at The Hague out of security concerns. Charles Taylor's trial conviction is currently before the SCSL Appeals Chamber.

ZERO
INDICTEES STILL AT LARGE

ONE
Johnny Paul Koroma is still considered at large though there are reports he is deceased. NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE SERVING THEIR SENTENCES

RWANDA

ONE
see map for countries and numbers of convicted persons

SCSL 39

TRIBUNAL INFORMATION

40

SCSL
93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

PROCEDURES BEFORE THE SCSL ALSO LARGELY MIRROR THOSE of the ICTY and the ICTR. Thus, the SCSLs Statute and its Rules of Procedure and Evidence outline the procedures applicable to cases brought before the tribunal. Under these documents, the Prosecutor has broad discretion to initiate investigations and to indict individuals suspected of crimes that are within the parameters of the SCSLs jurisdiction. Formal charges against a defendant are marked by the confirmation of an indictment by a pre-trial judge. Following their arrest or voluntary surrender, defendants then appear before the SCSL where they enter a plea of guilty or not guilty on each count of the indictment against them. Typically, a case will then proceed to trial, at the conclusion of which the Trial Chamber will issue a Trial Judgment which determines the defendants guilt or innocence (in which case they are released ). The Trial Chambers determinations can be appealed to the Appeals Chamber, which, following an appeals hearing, issues an Appeals Judgment affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed and/or who are convicted on appeal are typically transferred to serve out the remainder of their sentence to one of the domestic jurisdictions that have signed agreements with the SCSL. Proceedings against these convicted defendants close once they are released either through early release or after serving out the entirety of their sentence. More generally, proceedings against defendants before the SCSL may be terminated if their indictment is withdrawn or if their case is referred to a competent national jurisdiction , and where a defendant dies .

SYMBOL KEY FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL

1 2 3 4 5 6 7 8 9 10 11 12

BOCKARIE, Sam BRIMA, Alex Tamba FOFANA, Moinina GBAO, Augustine

KALLON, Morris KAMARA, Brima Bazzy KANU, Santigie Borbor KONDEWA, Allieu

KOROMA, Johnny Paul NORMAN, Samuel Hinga SANKOH, Foday SESAY, Issa Hassan TAYLOR, Charles

INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

13

SCSL 41

TRIBUNAL CASES

42

ECCC
ESTIMATED POPULATION:

7.9 MILLION

ECCC

EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA

And for the past 32 years [his] absence is something that we cannot bear. It is a permanent absence. [His] suffering was and is still our suffering and it does not go away with time, and I can tell you that the suffering in fact is more and more intense. It is like a gigantic screen that would be too close to our eyes.
Testimony of Witness M. Lefeuvre in Case 001
ESTIMATED NUMBER KILLED:

1.7 MILLION

ESTIMATED PROPORTION OF THE POPULATION KILLED IN 3.5 YEARS:

MORE THAN ONE FIFTH

ECCC 43

44

LOC ATED IN PHNOM PENH, C AMBODIA


ICTY

ICTR

EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA


OVERVIEW OF UNDERLYING CONFLICT

Laos

SCSL

ECCC
STL

ICC

The ECCC was created in 2005 through an agreement between Cambodia and the UN to prosecute the surviving senior leaders of the Khmer Rouge and those most responsible for the atrocities committed during the Khmer Rouge period.
The Khmer Rouge ruled Cambodia from April 17, 1975, to January 6, 1979, a relatively short period considering the lasting devastation that the regime inflicted upon the country and its people. At least 1.7 million Cambodians, or approximately one fifth of the entire population, are estimated to have died during the Khmer Rouge regime due to execution, overwork, starvation, and disease. The Khmer Rouge actively sought to destroy the fabric of Cambodian social life in order to transform the traditional, family-centered society into a state-centered, self-supporting communist model. The Khmer Rouge tore families apart, arranged mass marriages, destroyed pagodas, and defrocked Buddhist monks. Cambodians suffered through intense forced labor and widespread famine, all the while enduring the continuous threat of violence and death. The Khmer Rouge established extermination camps, including the notorious S-21 security center, where upwards of 12,000 men, women and children were systematically interrogated, tortured and executed. In addition to the profound human toll brought about by their policies,

20,000 THAI 20,000 VIETNAMESE 70,000 OTHER


SISOPHON SIEMRAB

STNG TRNG

Thailand
430,000 CHINESE

BATDMBNG

POUTHISAT KMPNG CHHNANG

KRCHN KMPNG CHAM

250,000 CHAM

KRONG KAH KONG

7.1 million KHMER


CAMBODIA

CAMBODIA
KAMPONG SEM

PHNOM PENH

Vietnam

Total Estimated Population, 1975:

7,890,000

KMPT

the Khmer Rouge destroyed much of Cambodias civil infrastructure, including the judicial system. Only six to ten lawyers are estimated to have survived the era. Khmer Rouge forces fled Phnom Penh in 1979, in the face of a Vietnamese military offensive. Armed conflict continued in Cambodia throughout the 1980s as various factions, including those of the remaining Khmer Rouge, battled the Vietnamese-backed government. Following the 1991 Paris Peace Accords, national elections were held in Cambodia under UN supervision. In 1997, the Cambodian government requested UN assistance in prosecuting former

Khmer Rouge leaders. Several years of fraught negotiations ensued between Cambodia and the UN before the ECCC was ultimately established in 2005.

MAP OF CAMBODIA

provincial capital national capital

OVERVIEW ECCC 45

46

ECCC

19 78

19 76

DOMESTIC EVENTS
MARCH 1976

MARCH 1970 - APRIL 1975

Following a military coup by General Lon Nol against King Sihanouk in 1970, Cambodia suffers through a bloody civil war, which opposes the US-backed General against an uneasy alliance of Communist Khmer Rouge and pro-royalist forces.

Secret directive from Khmer Rouge leaders is issued that details which internal groups are responsible for executing which perceived ennemies.

FALL/WINTER 1976

DECEMBER 197 7

Purges within the Khmer Rouges own ranks intensify. S-21 receives an ever larger influx of prisonners.
EARLY 197 7

Cambodia severs diplomatic relations with Vietnam. The Khmer Rouge intensify its increasingly paranoid internal purges.
JANUARY 1979

AUGUST 1975

17 APRIL 1975

Khmer Rouge forces capture Phnom Penh. Pol Pot and the Khmer Rouge leadership forcibly relocate 2 million Cambodians from urban centers to the countryside. Reprisals against Lon Nol supporters are swift and all those corrupted by foreign influences are increasingly viewed with suspicion by the regime.

Initial meetings are conducted to establish S-21, the infamous execution camp in Phnom Penh, where upwards of 12,000 individuals were sytematically interrogated, tortured and executed.

As borders clashes between Cambodia and Vietnam escalate, China sends large quantities of arms to support the Khmer Rouge against Russian-backed Vietnamese troops.

With Vietnamese forces moving toward Phnom Penh, Khmer Rouge execute all but a handful of remaining S-21 detainees.

197 7 AND 1978

Famine grips large parts of Cambodia. By 1979, more than one fifth of the entire Cambodian population will have died due to execution, overwork, disease and starvation.

INTERNATIONAL RESPONSE
SUMMER 1975 APRIL 1975 1976 197 7 1979 MARCH 1978 Caught in a Cold War mentality, the UN refuses to recognize the new Vietnamese-supported government in Phnom Penh. Despite the death of upwards of 1.7 million people under the Khmer Rouge, the UN will instead continue to recognize the exiled Khmer Rouge government as the official Cambodian representatives until the 1990s.

Following the Khmer Rouges capture of Phnom Penh, the foreign presence is reduced to virtually nothing and Cambodia is sealed off from most of the outside world for the next 3.5 years.

An exodus of civilians of Vietnamese origin residing in Cambodia flee to South Vietnam.

Reports from Cambodian refugees escaping into camps on the Thai border describe brutal living conditions and mass exterminations of class ennemies.

The international community continues to fail to have any concerted response to the slaughter in Cambodia.

ECCC 47 TIMELINE OF CONFLICT

19 79
JANUARY 1979

19 75

19 77

Khmer Rouge forces abandon Phnom Penh to advancing Vietnamese forces but will continue to wage a civil war against the Vietnamese supported government until the 1990s.

48

ECCC

CRE ATED IN 2005 THROUGH AN AGREEMENT BET WEEN C AMBODIA AND THE UNITED NATIONS

EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA


ECCC ANNUAL CONTRIBUTIONS, 2005 - 2016 TOTAL ESTIMATED COST OF ECCC INDICTEES STILL AT LARGE
MILLIONS OF USD

50

TOTAL CONTRIBUTIONS

JAPAN

UN

CAMBODIA

ESTIMATED

$337,850,800
DATE OF FIRST ECCC INDICTMENT

ZERO
NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE SERVING THEIR SENTENCES

18 JULY 2007
40
FIRST ECCC INDICTEES

ONE
Cambodia INDIVIDUALS WITH FINAL CONVICTIONS

30

Kaing Guek Eav, Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith
INDICTMENTS ISSUED

ONE
Kaing Guek Eav (alias "Duch") In addition to the conviction against Duch, and the ongoing trial proceedings against the defendants in Case 2, preliminary investigations were started against unnamed suspects in Cases 3 and 4. Proceedings in Cases 3 and 4, which have proven highly contentious within the ECCC, are ongoing .

20

5
10
average of 1 per year ONGOING PROCEEDINGS

05

07

09

11

13

15

THREE INDIVIDUALS
One of the four defendants brought to trial in Case 2 was found unfit to stand trial. No named suspects in Cases 3 and 4. PLEADED GUILTY

TRIBUNAL INFORMATION

Sitting in Phnom Penh, Cambodia, the ECCC was created through an agreement between Cambodia and the UN. The ECCC has jurisdiction over international crimes, namely crimes against humanity, genocide and war crimes, as well as crimes under Cambodian law that were committed by senior leaders of the Khmer Rouge and those most responsible for these crimes during the period from 17 April 1975 to 6 January 1979. The judicial chambers of the ECCC are modeled on the Cambodian civil law system and consist of a Pre-Trial Chamber (3 Cambodian + 2 International Judges), a Trial Chamber (3 Cambodian + 2 International Judges), and a Supreme Court Chamber

(4 Cambodian + 3 International Judges), as well as two Co-Investigating Judges (1 Cambodian + 1 International Judge) and two Co-Prosecutors (1 Cambodian + 1 International Prosecutor). Similarly to the SCSL, the ECCC is commonly referred to as a hybrid tribunal given its blend of international and domestic components.

ZERO
In keeping with the Cambodian civil law system, the ECCC does not formally allow for guilty pleas. INDICTMENTS REFERRED TO NATIONAL JURISDICTIONS

ZERO

TRIBUNAL INFORMATION ECCC 49

50

ECCC
93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

PROCEDURES BEFORE THE ECCC ARE LARGELY DERIVED FROM CAMBODIA'S civil legal system and differ substantially from those of the other international criminal tribunals. The ECCC Law and the ECCC's Internal Rules and Regulations outline the procedures applicable to cases brought before the tribunal. Under these documents, the Co-Prosecutors have broad discretion to initiate preliminary investigations against individuals suspected of crimes that are within the parameters of the ECCCs jurisdiction. If there is sufficient preliminary evidence, the Co-Prosecutors file an Introductory Submission with the Co-Investigating Judges , who are tasked with carrying out a judicial investigation into the factual and legal allegations set out in the Introductory Submission. During their initial appearance before the Co-Investigating Judges , suspects are notified of the allegations against them. At the conclusion of the judicial investigation, the Co-Investigating Judges either file a formal indictment (known as a Closing Order) against a defendant , or dismiss the proceedings. Disagreements between the Co-Prosecutors or the Co-Investigating Judges, as well as appeals of orders from the Co-Investigating Judges, are settled by the Pre-Trial Chamber. Following the issuance of a Closing Order by the Co-Investigating Judges, the case proceeds to trial, at the conclusion of which the Trial Chamber issues a Trial Judgment , which determines the defendants guilt or innocence (in which case they are released ). Notably, victims can be formally joined to the proceedings as Civil Parties, which confers upon them certain procedural rights, including the right to seek collective and moral reparations. The Trial Chambers determinations, including those regarding reparations, can be appealed to the Supreme Court Chamber, which, following an appeals hearing, issues an Appeals Judgment affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed and/or who are convicted on appeal are transferred to a Cambodian detention facility to serve out the remainder of their sentence. Proceedings against these convicted defendants come to a close once they are released . More generally, proceedings against a defendant before the ECCC may also be terminated where the indictment is withdrawn or where the defendant dies
.

SYMBOL KEY INTRODUCTORY SUBMISSION INITIAL APPEARANCE FORMAL INDICTMENT (CLOSING ORDER) TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL INDICTMENT WITHDRAWN DEATH OF DEFENDANT RELEASE FROM CUSTODY

1 2 3 4 5

IENG, Sary IENG, Thirith* KAING, Guek Eav NUON, Chea SAMPHAN, Khieu

6 7

CASE 003 CASE 004 * Found unfit to stand trial and released from custody.

TRIBUNAL CASES ECCC 51

52

STL

1 8 15 22
NUMBER OF LIVES LOST

2 9 16 23

3 10 17

4 11 18

5 12 19

6 13 20

7 14 21

STL

SPECIAL TRIBUNAL FOR LEBANON

The Security Council unequivocally condemns the 14 February 2005 terrorist bombing in Beirut, Lebanon, that killed former Lebanese Prime Minister Rafiq Hariri and others and caused serious injury to dozens of people The Security Council expresses its deepest sympathy and condolences to the people and Government of Lebanon and to the victims and their families.
Security Council Statement of 15 February 2005

10 METERS

SIZE OF IMPACT CRATER LEFT BY BOMB

STL 53

2 METERS

LOC ATED IN THE HAGUE , THE NETHERL ANDS


ICTY

ICTR

SPECIAL TRIBUNAL FOR LEBANON


OVERVIEW OF UNDERLYING CONFLICT

TURKEY

CYPRUS SYRIA

SCSL

LEBANON
1.3% OTHER
Jordan

Syria

IRAQ

ECCC

STL
ICC

The STL was created in 2007 by the UN Security Council under Chapter VII of the UN Charter, in response to Lebanon's request for assistance in prosecuting those accused of carrying out a terrorist attack on 14 February 2005 in Beirut. The attack killed 23 people, including the target of the bombing the former Lebanese Prime Minister Rafiq Hariri.
An investigation carried out shortly after the 14 February 2005 attack implicated individuals with ties to the Syrian government. Syria exercized substantial control over Lebanese politics as a result of its continued military presence in the country. In the months following the attack, hundreds of thousands of Lebanese citizens gathered to protest Syrias presence in Lebanon, while more attacks on anti-Syrian journalists and politicians ensued. In response to demands from the UN, Syria finally announced the withdrawal of its military forces from Lebanon in April 2005. The STL was created through close consultation between Lebanon and the UN. Following the 14 February 2005 attack, the UN secretary-general sent a fact-finding mission to Beirut to enquire into its causes, circumstances and consequences. In April 2005, the UN Security Council established the UN International Independent Investigation Commission (UNIIIC) to gather evidence and to assist the Lebanese authorities in their own investigations.

ISRAEL

JORDAN

TRIPOLI
EGYPT SAUDI ARABIA

39% CHRISTIAN 59.7% MUSLIM

BYBLOS

BEIRUT
LEBANON

ZAHLE

BEITEDDINE

Syria

Total Population in 2005:

3,826,018

On 13 December 2005, following a series of other killings and bombings in Lebanon, the Lebanese government requested that the UN create a criminal tribunal of "an international character." On 23 January 2007, the UN and the Lebanese government signed an agreement to create the STL. The agreement was given to the Lebanese parliament for ratification but its speaker refused to convene the body to hold the necessary vote. The Lebanese government sent a petition to the UN Secretary General requesting that the UN Security Council form the STL, which it did via Resolution 1757. The STLs mandate includes the 14 February 2005 attack and any connected attacks that may have occurred in Lebanon between 1 October 2004 and 12 December 2005.

TYRE

Israel

Jordan

MAP OF LEBANON

provincial capital national capital

OVERVIEW STL 55

56

STL

20 04

20 06

20 05

DOMESTIC EVENTS
OCTOBER 2004 13 DECEMBER 2005

20 07
JANUARY 2007

Lebanese prime minister Rafik Hariri resigns following Syrian interference in Lebanons political affairs. Syria continues to maintain a military force in Lebanon and exert influence over its government.

Following a series of other killings of anti-Syrian figures in Lebanon, Lebanese government requests that the UN create an international tribunal.
FALL 2005

Speaker of Lebanese parliament refuses to convene the body to vote on ratification. Instead, Lebanese government requests that the UN Security Council directly form the STL under its UN Charter powers.
JANUARY 2007

14 FEBRUARY 2005

A large explosion in Beirut kills 23 people, including former Lebanese prime minister Rafik Hariri, and injures many others.

Lebanese authorities carry out domestic investigation, which results in the arrest of four Lebanese generals, along with the indictment of Syrian figures. In 2009, the four generals are freed by order of the STL.

Lebanon and the UN sign an agreement for the creation of the STL, which is given to Lebanese parliament for ratification.

APRIL 2005

Following large anti-Syria protests in Beirut and in response to demands from the UN, Syria withdraws its military forces from Lebanon.

INTERNATIONAL RESPONSE
FEBRUARY 2005 MARCH 2006

UN Security Council denounces attack in Beirut. UN Secretary General sends fact-finding mission to Lebanon, which recommends an international investigation to identify the perpetrators.
7 APRIL 2005

UN Secretary MARCH General given 1978 mandate to negotiate with Lebanon about tribunal. UNIIC delivers third report to UN.

JANUARY 2007

Lebanon and UN sign agreement for STL

MAY 2007 DECEMBER 2005

UN Security Council establishes UN International Independent Investigation Commission (UNIIIC) primarily to investigate 14 February 2005 attack.

UN Security Council acknowledges request from Lebanon to form international tribunal. UNIIC delivers second report to UN.

UN Security Council establishes STL to prosecute perpetrators of 14 February 2005 attack and related crimes in Lebanon between October 2004 and December 2005.

TRIBUNAL INFORMATION STL 57

58

STL

CRE ATED IN 2007 PURSUANT TO SECURIT Y COUNCIL RESOLUTION

SPECIAL TRIBUNAL FOR LEBANON


STL ANNUAL CONTRIBUTIONS, 2009 - 2013
MILLIONS OF USD

TOTAL CURRENT COST OF STL


ESTIMATED

80

TOTAL CONTRIBUTIONS

LEBANON

$241,097,507
DATE OF FIRST STL INDICTMENT

70

28 JUNE 2011
FIRST STL INDICTEES

60

50

40

Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, Assad Hassan Sabra
INDICTMENTS ISSUED

30

4
average of 0.8 per year ONGOING PROCEEDINGS

20

10 0

FOUR INDIVIDUALS
09
TRIBUNAL INFORMATION

10

11

12

13

PLEADED GUILTY

ZERO
Sitting right outside The Hague, The Netherlands, the STL was created by the UN Security Council under Chapter VII of the UN Charter. The STL's jurisdiction is limited to crimes under domestic Lebanese law, including acts of terrorism, related to the 14 February 2005 attack that killed former Lebanese prime minister Rafiq Hariri or any connected attacks that may have occurred in Lebanon between 1 October 2004 and 12 December 2005. The judicial chambers of the STL consist of a Pre-Trial Chamber (1 international judge), a Trial Chamber (2 international + 1 Lebanese judge), and an Appeals Chamber (3 International + 2 Lebanese judges).
TRIBUNAL INFORMATION STL 59

In addition to the case regarding the 14 February 2005 attack, which is being tried against four at large indictees in absentia, the STL has established jurisdiction over three other connected attacks.

INDICTMENTS REFERRED TO NATIONAL JURISDICTIONS

ZERO
INDICTEES STILL AT LARGE

FOUR
In keeping with the unique procedures before the STL, the four at large indictees are being tried in absentia. NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE SERVING THEIR SENTENCES

ZERO
INDIVIDUALS WITH FINAL CONVICTIONS

ZERO
60

STL
93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

THE STL'S STATUTE AND RULES OF PROCEDURE AND EVIDENCE outline the procedures applicable to cases brought before the tribunal. Under these documents, the Prosecutor has broad discretion to initiate investigations and to indict individuals suspected of crimes that are within the parameters of the STL's jurisdiction. Formal charges against a defendant are marked by the confirmation of an indictment by a pre-trial judge. Following their arrest or voluntary surrender, defendants then appear before the STL where they enter a plea of guilty or not guilty on each count of the indictment against them. In keeping with the unique procedures before the STL, defendants may also be tried in absentia. A case will then proceed to trial, at the conclusion of which the Trial Chamber will issue a Trial Judgment which determines the defendants guilt or innocence (in which case they are released ). The Trial Chambers determinations can be appealed to the Appeals Chamber, which, following an appeals hearing, issues an Appeals Judgment affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed and/or who are convicted on appeal would typically be transferred to serve out the remainder of their sentence in one of the domestic jurisdictions that has signed an agreement with the STL. Proceedings against these convicted defendants close once they are released either through early release or after serving out the entirety of their sentence. More generally, proceedings against defendants before the STL may be terminated if their indictment is withdrawn or if their case is referred to a competent national jurisdiction , and where a defendant dies .

SYMBOL KEY FORMAL CHARGES INITIAL APPEARANCE TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL

1 2 3 4

AYYASH, Salim Jamil BADREDDINE, Mustafa Amine ONEISSI, Hussein Hassan SABRA, Assad Hassan

INDICTMENT WITHDRAWN OR REFERRED TO NATIONAL JURISDICTION DEATH OF DEFENDANT RELEASE FROM CUSTODY

TRIBUNAL CASES STL 61

62

ICC

There was a mother that came [to the army camp.] For days she was crying at the camp's entrance. We had to chase her away. She kept on saying, Give me back my son, he's only age 12.
Witness P-0017 - Thomas Lubanga Dyilo Trial, testimony on 27 March 2009

ICC

INTERNATIONAL CRIMINAL COURT

300,000

DARFUR

5.4 MILLION
ESTIMATED DE ATHS
ICC 63

DEMOCRATIC REPUBLIC OF THE CONGO

LIBYA 12,500 IVORY COAST 3,000 UGANDA 2,300 CENTRAL AFRICAN REPUBLIC >1,000

64

LOC ATED IN THE HAGUE , THE NETHERL ANDS


ICTY

INTERNATIONAL CRIMINAL COURT


OVERVIEW OF UNDERLYING CONFLICT
DEMOCRATIC REPUPBLIC of the CONGO

ICTR

SCSL

ECCC

STL

ICC

The ICC was established as a permanent international criminal tribunal through a multilateral treaty, the Rome Statute, which entered into force on 1 July 2002.
Unlike the so-called international ad hoc (ICTY, ICTR) or hybrid (SCSL, ECCC, STL) criminal tribunals, which were established in response to a particular conflict or event, the ICC was established to prosecute international crimes in future situations (to use the ICC term). Crimes committed before 1 July 2002 are therefore not within the ICCs mandate. Pursuant to the Rome Statute, situations can be brought before the ICC in one of three ways. The ICC Prosecutor can initiate an investigation of a situation on the basis of (1) a referral from any State Party to the ICC, including a self-referral or (2) a referral from the UN Security Council acting under Chapter VII of the UN Charter. In addition, the ICC Prosecutor can (3) initiate investigations of her own accord, subject to various procedural safeguards, on the basis of information received from individuals or organizations. Once one of these three triggering mechanisms has been invoked, the ICC must assure itself that it has jurisdiction over the crimes alleged and the situation at issue. Currently, the ICC can prosecute the international crimes of genocide, crimes against humanity and war crimes, and, after 2017, potentially the crime of aggression. Further, the ICC may only exercise jurisdiction over a

situation where either: a) these crimes were committed by a national of a State Party to the ICC; b) these crimes were committed on the territory of a State Party to the ICC; c) the situation was referred to the ICC by the UN Security Council; or, d) a Non-State Party accepts the jurisdiction of the ICC. As of January 2013, there were eight situations before the ICC, all of which concerned countries in Africa. Four of these situations were self-referred by ICC State Parties (Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali), two situations were referred by the UN Security Council (Darfur and Libya), and another two situations were initiated proprio motu by the ICC Prosecutor (Ivory Coast and Kenya). Within each broad situation, there may be a number of specific cases brought against one or more defendants. While the history of the conflicts in these eight situations is too varied to summarize here, a timeline highlighting key dates is provided for each situation in the following pages. Information regarding the situation in Mali is not included given the recent official announcement of an investigation.

LIBYA

MILLIONS 60

50
SUDAN KENYA

MALI

DARFUR
SUDAN

40
UGANDA

30

IVORY COAST

20

CENTRAL AFRICAN REPUBLIC

IVORY COAST

CENTRAL AFRICAN REPUBLIC

UGANDA

10

LIBYA

DEMOCRATIC REPUBLIC OF THE CONGO


MAP OF ICC JURISDICTIONAL TRIGGERS

KENYA

Population Estimates:
UGANDA (2002):

ICC State Party Referral UN Security Council Referral ICC Office of the Prosecutor Proprio Motu Investigation

24,699,073
DRC (2002):

55,225,478
CENTRAL AFRICAN REPUBLIC (2002):

3,642,739
SUDAN (2002):

37,090,298
LIBYA (2011):

6,597,960
IVORY COAST (2010):

21,058,798
KENYA (2007):

36,913,721

OVERVIEW ICC 65

66

ICC

20 04

20 08

20 06

20 09

20 02

20 05

20 03

20 07

20 10

and

CENTRAL AFRICAN REPUBLIC


OCTOBER 2002

MARCH 2003

DECEMBER 2004

gs

er

CAR army officials attempt to overthrow President Patass, prompting forces loyal to the President, including those led by Jean-Pierre Bemba, to fight and retaliate.
OCTOBER - NOVEMBER 2002

Forces loyal to Franois Boziz, former Chief-of-Staff of the CAR armed forces, overthrow the Patass government.
FEBRUARY - MARCH 2003

CAR self-refers its Situation to the ICC for crimes committed in its territory since July 2002.

MAY 2007

APRIL 2006

ICC opens formal investigation into Situation in CAR, the first in which allegations of sexual crimes far outnumber alleged killings.

stroy

ings

During the armed conflict, forces under Mr. Bembas command reportedly commit widespread and systematic crimes against civilians, including rape, pillaging and murder.

Intense fighting continues with reports of crimes against civilians still widespread.

CARs highest court determines that national authorities are unable to carry out necessary criminal proceedings for the referred crimes

UGANDA
MARCH 2002 DECEMBER 2003 JULY 2004

RC).) hich

Following years of armed conflict, Ugandan army launches military campaign, with Sudanese consent, to destroy the Lords Resistance Army (LRA), which is operating out of Southern Sudan.
SPRING - SUMMER 2002

President of Uganda self-refers Situation in Uganda to ICC.


FEBRUARY 2004

ICC opens formal investigation into Situation in Uganda for crime committed in its territory since July 2002.
DECEMBER 2005 SEPTEMBER 2005

LRA flees from Sudan back into Northern Uganda where it begins more wide-scale abductions, killings and looting.

LRA massacres 330 people at an internally displaced persons camp in Lira District.
DECEMBER 2002

LRA begins relocating its forces into the Democratic Republic of the Congo.

1.67 million people are estimated internally displaced across northern and eastern Uganda as the armed conflict continues.

Following the LRAs return to Uganda, the number of internally displaced persons doubles to 800,000.

1997 - 2001

2002

DEMOCRATIC REPUBLIC OF THE CONGO


MAY 1997

AUGUST 2002

ort.) the

Following a 9 month war, Laurent Kabila takes power and renames Zaire the Democratic Republic of Congo (DRC).

Renewed violence flares up, particularly in Ituri, with crimes against civilians widespread.

JUNE 2004

ICC opens formal investigation into Situation in DRC.

SUMMER 1997

MARCH 2004

.)

Kabila tries to evict from the DRC the Rwandan and Ugandan troops that supported him during the war, which causes them to throw their support behind opposition rebel groups.
1998

DRC self-refers its Situation to the ICC for crime committed in its territory since July 2002. The ongoing DRC conflict is estimated to be the deadliest since WWII.

Rebel groups supported by Rwanda and Uganda attack DRC forces, which are backed by Angola, Chad, Namibia and Zimbabwe. Rebel groups proliferate throughout the DRC.

JANUARY 2001

ICC 67

President Kabila is assassinated and succeeded by his son Joseph Kabila. By this time, there are at least 10 conflicts in the DRC involving 9 national armies and 19 irregular armed forces.

20 11

ding

20 12
68

20 04

20 08

20 06

20 09

20 02

20 05

20 03

20 07

20 10

ICC
LATE 2002

APRIL 2003

JUNE 2005

Rebel groups mount activities against the Sudanese government, which they view as oppressing non-Arab Sudanese in favor of Arab Sudanese.
2003 AND 2004

Rebel groups launch a series of attacks against government installations, including the El Fashir military airport.
SPRING 2003

ICC opens formal investigation into Situation in Darfur.

JULY 2008

As part of counterinsurgency, government forces and the Janjaweed carry out attacks throughout Sudan against civilians, particularly the Fur, Masalit and Zaghawa.

Government calls on local tribes to aid in repelling the rebels. Recruits from Arab nomadic tribes, known as the Janjaweed join the conflict against the rebels.

MARCH 2005

Fleeing the attacks against villages throughout Sudan, close to 2.5 million civilians are estimated to now live in internally displaced persons camps.

UN Security Council refers the Situation in Darfur to ICC for crimes committed on its territory since July 2002.

LIBYA
26 FEBRUARY 2011 MID-L ATE FEBRUARY 2011 15 FEBRUARY 2011 EARLY 2011

Following protests in Tunisia and Egypt, peaceful protests take place in Libya.

The arrest of human rights activist Fethi Tarbel starts a riot in Benghazi with government forces firing on the crowd.

Conflict escalates as anti-government forces take control of areas across Libya. Government uses brutal force to quash uprisings, killing and imprisoning civilians perceived to be opposed to the regime.
17 MARCH 2011 3 MARCH 2011

UN Security Council refers Situation in Libya to ICC for crimes committed on its territory from February 15, 2011 to at least February 28, 2011.
AUGUST 2011

31 MARCH 2011

ICC opens a formal investigation into Situation in Libya.

UN Security Council authorizes the international community to establish a no-fly zone and to use all means necessary, short of foreign occupation, to protect civilians in Libya.

NATO takes command of the ongoing military intervention in Libya.

Rebel forces launch a major offensive and take Tripoli.

KENYA
DECEMBER 2007

Violence breaks out following the re-election of President Kibaki over his opponent Raila Odinga.
JANUARY 2008

FEBRUARY 2008

ICRC estimates that over 300,000 have been displaced as result of post-election violence.

MARCH 2010

Supporters of Raila Odinga attack perceived supporters of President Kibaki which prompts a wave or retaliatory attacks. Both waves of attack are carried out with the support of political and ethnic groups and cause mass displacement of civilians.

ICC Pre-Trial Chamber grants Prosecutor request to formally open an investigation into the post-election violence in Kenya in 2007-2008.
NOVEMBER 2009

ICC Prosecutor submits a request to formally open investigation into the Situation in Kenya.

IVORY COAST
APRIL 2011 MARCH 2011 JANUARY - FEBRUARY 2011 DECEMBER 2010 - MAY 2011 NOVEMBER 2010

JUNE 2011

Presidential run-off is held between Alassane Ouattara and the incumbent President Laurent Gbagbo. Though Ouattara appears to have won, President Gbagbo refuses to cede power.

Pro-Gbagbo forces launch a campaign of attacks against civilians perceived to be Ouattara supporters in Abidjan and the West of the country.

Pro-Ouattara forces organize reprisal attacks against Gbagbo supporters.

UN Security Council calls for Gbagbo to cede power to internationally-recognized President Ouattara.

UN and French troops carry out air strikes on pro-Gbagbo military sites. Pro-Ouattara storm Gbagbos residence and arrest him.

ICC Prosecutor submits a request to formally open investigation into the Situation in Ivory Coast. One million people are estimated displaced because of the post-election violence.
OCTOBER 2011

ICC Pre-Trial Chamber grants Prosecutor request to formally open investigation into the post-election violence in Ivory Coast in 2010-2011.

TIMELINE OF CONFLICT ICC 69

20 12
70

20 11

DARFUR

ICC

CRE ATED PURSUANT TO INTERNATIONAL TRE AT Y WHICH ENTERED INTO FORCE IN 2002

INTERNATIONAL CRIMINAL COURT


ICC ANNUAL CONTRIBUTIONS, 2002 - 2015

200

MILLIONS OF USD

TOTAL CONTRIBUTIONS

UK

GERMANY

JAPAN

ESTIMATED

150

100
MAP OF ICC STATE PARTIES

ICC State Parties


50

States that have signed the Rome Statute but are not State Parties States that have neither signed nor ratified the Rome Statute

0 01 03 05 07 09 11 13 15
ESTIMATED COST OF ICC (2002-2015) ONGOING PROCEEDINGS NUMBER OF COUNTRIES WHERE CONVICTED PERSONS ARE SERVING THEIR SENTENCES

TRIBUNAL INFORMATION

$1,616,202,054
The judicial chambers of the ICC, which consist of a Pre-Trial Division, a Trial Division and an Appeals Division, are made up of international judges. Designed to function as a permanent tribunal, the ICC will continue to operate following the conclusion of the other international criminal tribunals more limited mandates.
FIRST ICC ARREST WARRANTS ISSUED

Sitting at The Hague, The Netherlands, the ICC was established through a multilateral treaty, which entered into force on 1 July 2002. To date, 121 countries are State Parties to the ICC, though a number of notable countries have not ratified the Rome Statute, including China, India, Israel, Russia and the United States. The ICC currently has jurisdiction over crimes against humanity, genocide and war crimes, and, after 2017, potentially the crime of aggression. The ICC is complementary to national criminal jurisdictions and must defer to national systems unless they are unwilling or unable genuinely to investigate or prosecute a crime that otherwise would be under the ICCs jurisdiction.
TRIBUNAL INFORMATION ICC 71

TWENTY FOUR INDIVIDUALS


PLEADED GUILTY

NONE
Thomas Lubanga Dyilo is being detained in The Hague pending his appeal.

8 JULY 2005
FIRST ICC WANTED PERSONS

NONE
WANTED PERSONS STILL AT LARGE

Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic Ongwen, Raska Lukwiya
ARREST WARRANTS/SUMMONS

THIRTEEN
INDIVIDUALS WITH FINAL CONVICTIONS

30
average of 3 per year

ZERO
Thomas Lubanga Dyilo was found guilty of committing war crimes and sentenced to 14 years of imprisonment by Trial Chamber I. His conviction is now on appeal.

72

ICC
THE ICC'S STATUTE AND ITS RULES OF PROCEDURE AND EVIDENCE outline the procedures applicable to situations brought before the Court. Pursuant to the Rome Statute, situations can be brought before the ICC in three ways. The ICC Prosecutor can initiate an investigation of a situation on the basis of (1) a referral from any ICC State Party, including a self-referral or (2) a referral from the UN Security Council under its Chapter VII of the UN Charter powers. In addition, the ICC Prosecutor can (3) initiate investigations of her own accord, subject to various procedural safeguards, on the basis of information received from individuals or organizations. Once an investigation is properly underway, the Prosecutor investigates all facts and evidence relevant to an assessment of criminal responsibility. Where the Prosecutor concludes there are reasonable grounds to believe a person has committed a crime within the jurisdiction of the Court, the Pre-Trial Chamber will, on application from the Prosecutor, decide whether to order a warrant of arrest or a summons to appear voluntarily for the wanted person. Contrary to the procedure before other tribunals, it is only after the wanted person appears before the Court that the Pre-Trial Chamber holds a hearing to decide whether to confirm the charges that will be the basis for trial. Where the charges are not confirmed , the wanted person must be released if they are in ICC custody. Where the charges are confirmed , the case proceeds to trial, at the conclusion of which the Trial Chamber will issue a Trial Judgment , which determines the defendants guilt or innocence (in which case they are released ). The Trial Chambers determinations can be appealed to the Appeals Chamber, which, following an appeals hearing, issues an Appeals Judgment ,affirming, reversing or revising the Trial Judgment. Defendants still in custody who are acquitted on appeal are released . Defendants whose Trial Judgment convictions are affirmed and/or who are convicted on appeal are typically transferred to serve out the remainder of their sentence to one of the domestic jurisdictions that have signed agreements with the ICC. Proceedings against these convicted defendants come to a close once they are released , either through early release or where they served out the entirety of their sentence. More generally, proceedings against defendants before the ICC may be terminated if their indictment is withdrawn or if the ICC defers to a national jurisdiction , and where a defendant dies .
SYMBOL KEY ARREST WARRANT/SUMMONS

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

C E N TR A L A F R IC A N R E P U B L IC 1

BEMBA GOMBO, Jean Pierre

D E MOC R ATIC R E P U B L IC OF THE CON G O

INITIAL APPEARANCE CHARGES CONFIRMED CHARGES NOT CONFIRMED TRIAL JUDGMENT TRIAL CONVICTION FOUND INNOCENT AT TRIAL APPEAL JUDGMENT APPEAL CONVICTION FOUND INNOCENT ON APPEAL

1 2 3 4 5 6

CHUI, Mathieu Ngudjolo DYILO, Thomas Lubanga

KATANGA, Germain NTAGANDA, Bosco MBARUSHIMANA, Callixte

MUDACUMURA, Sylvestre

U G A N DA 1 2 3 4 5

KONY, Joseph LUKWIYA, Raska ODHIAMBO, Okot ONGWEN, Dominic

INDICTMENT WITHDRAWN OR DEFERRAL TO NAT'L JURISDICTION DEATH OF DEFENDANT

OTTI, Vincent

L IBYA

RELEASE FROM CUSTODY

1 2 3

AL-SENUSSI, Abdullah

GADDAFI, Muammar GADDAFI, Saif Al-Islam

DA R F U R 1 2 3 4 5 6 7

ABU GARDA, Bahar Idriss

AL BASHIR, Omar Hassan Ahmad HARUN, Ahmad Muhammad

HUSSEIN, Abdel Raheem Muhammad JAMUS, Saleh Mohammed Jerbo

KUSHAYB, Ali NOURAIN, Abdallah Banda Abakaer

IVORY COA ST 1 2

GBAGBO, Laurent

GBAGBO, Simone

K E N YA 1 2 3 4 5 6

ALI, Mohammed Hussein KENYATTA, Uhuru Muigai

74

KOSGEY, Henry Kiprono MUTHAURA, Francis Kirimi

RUTO, William Samoei SANG, Joshua Arap

TRIBUNAL CASES ICC 73

CRSS

ICTY

ICTR

CRSS

CROSS-CUTTING ISSUES

SCSL

ECCC

STL

ICC

ECCC

SCSL

75

76

ANNUAL COSTS PER TRIBUNAL AND TRIBUNAL COSTS IN PERSPECTIVE

INTERNATIONAL CRIMINAL TRIBUNAL CROSS-CUTTING ISSUES

ICTR SCSL ECCC STL ICC

TRIBUNAL COSTS
MILLIONS OF USD
250

TOP TRIBUNAL FUNDING SOURCES


SCSL ICC ECC STL
E S TIM ATE D

ICTY

ICTR

200

150

100

1. UNITED STATES ($1,067,305,915) 2. JAPAN ($970,189,116) 3. GERMANY ($584,596,428) 4. UNITED KINGDOM ($479,424,301) 5. FRANCE ($448,956,203) 6. ITALY ($334,746,308)

50

C ARTOGR AM OF TRIBUNAL FUNDING (1993 - 2015 )


Areas of countries sized in proportion to their tribunal contributions (1993 to 2015)
93 95 97 99 01 03 05 07 09 11 13 15

2012

BUDGET

US FEDERAL COURT SYSTEM


$
2012 U.S. PRESIDENTIAL

2012
6
BILLION

LONDON OLYMPICS
$

ELECTION

15
BILLION

CARTOGRAPHERS Anne McTavish Seth Hiatt San Francisco State Univ. DATA COLLECTION: Stuart Ford BASEMAP: ArcGIS GeoDatabase Cartogram Functionality

$
2012

2011
2

BILLION

APPLE SAMSUNG LA DODGERS


VERDICT
$
BILLION

2012 SALE OF

BILLION

WALL STREET

DECLINE IN UNITED STATES SUPPORT FOR INTERNATIONAL CRIMINAL TRIBUNALS


United States Contributions to International Criminal Tribunals as a Percentage of Total Contributions
35% 30% 25% 20% 15% 10%

1993-2015

ICTY

$ .32

1993-2015

BONUSES
$

BILLION

1994-2015

ICTR ICC

$ .8

1 BILLION 1 BILLION

2002-2015
$ .62

COMBINED INTERNATIONAL CRIMINAL TRIBUNALS


$ .28

BILLION BILLION

20
BILLION

5% 0% 95 97 99 01 03 05 07 09 11 13 15

TRIBUNAL COSTS & FUNDING SOURCES 77

78

CRSS

INTERNATIONAL CRIMINAL TRIBUNAL CROSS-CUTTING ISSUES

INTERNATIONAL CRIMINAL TRIBUNAL CROSS-CUTTING ISSUES

ICTY

CRIMES CHARGED PER TRIBUNAL


WAR CRIMES:
ICTY: ICTR: SCSL: ECCC: ICC: 580 74 82 25 78

CRIMES CONVICTED OF PER TRIBUNAL


WAR CRIMES:
461 237 65 44 83 ICTY: 131 ICTR: 23 SCSL: 44 ECCC 5 ICC: 1

ICTR

SCSL

GENOCIDE:
ICTY: ICTR: ECCC: ICC: 39 236 4 1

CRIMES AGAINST HUMANITY:


ICTY: ICTR: SCSL: ECCC: ICC:

GENOCIDE:
ICTY: 4 ICTR: 76

CRIMES AGAINST HUMANITY:


ICTY: 127 ICTR: 96 SCSL: 39 ECCC: 6 ICC: 0

ECCC

STL

ICC

839
CHARGES

280

890


CONVICTIONS

204 204

80

268

P RO S E C U T I O N S B E F O R E T H E I N T E R N AT I O N A L C R I M I N A L Tribunals focus on three international crimes: genocide, war crimes and crimes against humanity. A prosecutors decision to charge one or more of these three crimes is shaped by the jurisdiction of the tribunal before which they appear, the legal elements of the crimes and the specific facts of their case, among others.
Most international criminal tribunals have jurisdiction over (ie, the power to hear cases concerning) all three of these international crimes. Thus, the ICTY, ICTR, ECCC and ICC all have jurisdiction over genocide, war crimes and crimes against humanity. The SCSL has jurisdiction over war crimes and crimes against humanity, as well as domestic crimes under Sierra Leonean law (as does the ECCC under Cambodian law). Finally, the STL remains an exception in that its jurisdiction extends solely to crimes under domestic Lebanese law. Genocide, war crimes and crimes against humanity can be distinguished from one another, and from domestic crimes, based on the context in which they were committed. Broadly speaking, genocide requires that the perpetrator act with the intent to destroy, in whole or in part, a racial, ethnic, religious or national group; war crimes must be committed within an armed conflict, whether international or not in nature; and a crime against humanity must be committed as part of a widespread or systematic attack directed against a civilian population. Thus, an ordinary domestic murder will only be elevated to one (or more) of these three international crimes where these broader contextual elements are also met. The accompanying visualizations depicts the number of charges and convictions per crime for each of the tribunals. These numbers reflects both the scope of each tribunals mandate, including the number of years it has been in operation, as well as the nature of the crimes committed in its underlying conflict(s). That the ICTR has had the majority of charges and convictions for the crime of genocide, for example, is directly linked to the nature of the crimes committed in Rwanda in 1994. In contrast, the SCSLs Statute does not include jurisdiction over the crime of genocide given the differing nature of the crimes committed in its underlying conflict.

CO

NV

IC
TI
ON
S

WA R C R IME S

NV

IC

TI

ON

CI

E
CO N V I C
TIO
NS

80 280 839
CRIMES

CO

890
C
ON V

GENO

268

A GA

IC
TI
O

CRIMES CHARGED & CONVICTED 79

NS

IN S TH U

CO

VI C

TI

ON

AN
IT
80

CRSS

INTERNATIONAL CRIMINAL TRIBUNAL CROSS-CUTTING ISSUES

ICTY

CRIMES AGAINST HUMANITY PER TRIBUNAL


CRIMES AGAINST HUMANITY IS ONE OF THE THREE INTERnational crimes prosecuted by the international criminal tribunals, along with genocide and war crimes (the ICC may also exercise jurisdiction over the crime of aggression in the near future). As evidenced by the extracts replicated here, however, the definition of what constitutes a crime against humanity has shifted from tribunal to tribunal.
In part, this divergence reflects the nature of the prohibition against crimes against humanity, which was traditionally rooted in unwritten customary international law norms. Further, even when the crimes precise customary international law definition was agreed upon, some tribunals adopted a narrower definition for purposes of their own statute. Nevertheless, certain defining elements have remained consistent throughout, namely the civilian nature of the population under attack. Jurisprudence from the tribunals has also played an important role in fleshing out the crimes definition under international law. As indicated by the figures on these and the preceding pages, the extent of this jurisprudence varies across tribunals. Figures on the opposing page detail the types and number of underlying offences for which crimes against humanity charges have been brought at each tribunal (multiple counts against a defendant for the same type of underlying offence are treated as a single charge). Underlying offences are charged in conjunction with the broader international crimes (eg, torture as a crime against humanity or torture as a war crime). The numbers associated with each underlying offence do not necessarily correspond to that offence's prevalence during the various conflicts, however. Indeed, while rape and other sexual offences were often widespread during many of the conflicts at issue, these offences were traditionally neglected before the tribunals.

UNDERLYING OFFENCES PER TRIBUNAL

ICTR

SCSL

ICTY

ECCC

STL

461
ICTR

The [ICTY] shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population: The [ICTR] shall have the power to prosecute persons responsible for the following crimes when committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds: For the purpose of [the ICCs] Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: The [SCSL] shall have the power to prosecute persons who committed the following crimes as part of a widespread or systematic attack against any civilian population: [Before the ECC,] crimes against humanity, which have no statute of limitations, are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds [...]

58

DEPORTATION or FORCIBLE TRANSFER of POPULATION

26 ENSLAVEMENT

ICC

121
28 IMPRISONMENT

EXTERMINATION

237
ICC

MURDER
OTHER INHUMANE ACTS PERSECUTION

210

83
NUMBER OF CRIMES AGAINST HUMANITY OFFENCES CHARGED PER TRIBUNAL

SCSL

157
136
RAPE OR SEXUAL SLAVERY

65
ECCC

100
50

44
CRIMES PER TRIBUNAL 81

TORTURE OR CRUEL TREATMENT


82

CRSS

INTERNATIONAL CRIMINAL TRIBUNAL CROSS-CUTTING ISSUES

MEDIAN LENGTH OF SENTENCES BY CRIME

ICTY

SENTENCING BY TRIBUNAL

SENTENCING BY CRIME
TH ALL
REE CR

ICTR

SCSL
80

IMES

ECCC

MEDIAN SENTENCE
70

80

ICTY

15

STL
60

(area of bubble)

NUMBER

ICTR

31
EN
CE TEN

OF S ENT ENC ES

ICC

61

MEDIAN S ENT

10 YRS

Y+

NUMBER OF SENTENCES (height of bubble)

DE

50

ENC

40

45

GE

YE

A DI

NO

CI

EF O

NIT

AR

WA

RA LL 15

ST H UM A

20
28

RC

RI

SE

TE
NC

30

ES
S

ES

20

19

0 =2

CRIMES A GAIN

12

YR

YE
AR
S

CRI

10

SCSL

45

MES

ECCC

55
(Life sentence counted as 55 years)

ICC

14

AGAINST HUMANIT Y

27
22 Y EAR S

42.
WHILE PUNISHMENT AND SENTENCING FORM AN integral part of the function and purpose of the international criminal tribunals, their statutes give little guidance as to what considerations should be taken into account during this phase of the proceedings. In practice, sentencing determinations are essentially ad hoc, holistic judgments based on a multitude of factors, including notably the gravity of the crime committed and the accuseds leadership role.
The above visualization highlights the vast disparities in the number and median length of sentences rendered by the tribunals (these figures include.final sentences as well as those currently on appeal). The number of sentences issued by a tribunal reflects the time it has been in operation, its mandate and how efficient it has been in hearing cases. The median length of a tribunals sentences is shaped by its judges idiosyncratic sentencing practices and the nature of the crimes before it, which, as illustrated on the opposite page, greatly influences the sentences. Despite the tribunals assertions that there is no hierarchy of crimes for sentencing purposes, empirical analysis suggests otherwise. Indeed, as indicated by the graphic on the opposite page, on average, those convicted of genocide receive longer sentences than those convicted of crimes against humanity, who in turn receive longer sentences than those convicted of war crimes. This apparent hierarchy of crimes, when considered along with the composition of each tribunals caseload, may account for some of the disparity between the varying median length of the tribunals' sentences. Of note, when compiled, the median sentence for all 152 sentences rendered by the tribunals is 20 years.

R YEA

IDE

10
GAIN S

GE

SENTENCING 83

WA R

CRIMES + CRIMES A

TH U

MA N

IT

25

48
84

C NO

YE
Y

AR

CRSS

ICTY

REPARATIONS BY TRIBUNAL
TR TIR BIU BN UA NL AL

ICTR

SCSL

ICC ICC
C AC R AR D RC D RC K EK NE YA N YA DAR DAR F UF RU R I VO I VO RYRY COAS COAS T T U GU AN G AN DADA L IBYA L IBYA C AC SA ES2 E 2

ECCC ECCC
C AC SA ES1E 1

STL STL
AyAy ya ya sh sh

ICTY ICTY

ICTR ICTR

SCSL SCSL

ECCC

Number of of victims Number victims formally joined to to the formally joined the proceedings proceedings

2,287 2,287 625 625

560 560

189 189

139 139

41 41

00

3,864 3,864 76 76
Collective Collective and and moral moral reparations reparations can can bebe ordered ordered against against convicted convicted persons persons No No individual individual reparations reparations

67 67
None None from from the the STL STL Victims Victims must must pursue pursue remedies remedies from from domestic domestic tribunals tribunals

NO NO PROCES PROCESS S TOTO JOIN JOIN VIC VIC TIMS TIMS IN IN T HT EHPROCEEDIN E PROC EEDIN GSGS

STL

ICC

Types of of Types reparations reparations available for victims available for victims

ICC ICC can can award award individual individual and and collective collective reparations reparations against against convicted convicted persons persons to to bebe distributed distributed to to their their victims, victims, including including through through the the Trust Trust Fund Fund For For Victims Victims

The The Trust Trust Fund Fund For For Victims Victims may may also also distribute distribute general general assistance assistance funds funds to to victims victims of of crimes crimes under under the the ICCs ICCs jurisdiction jurisdiction even even if no if no conviction conviction has has yet yet been been entered entered against against a defendant a defendant

Restitution Restitution of of stolen stolen property property may may bebe ordered ordered byby tribunals tribunals but but is rarely is rarely invoked invoked Reparations Reparations are are not not otherwise otherwise available available

Tribunal funds Tribunal funds available for available for victims victims

Tribunal Fund for Victims Tribunal Fund for Victims 4.5 MILLION 4.5 MILLION

NONE NONE

Tribunal funds Tribunal funds distributed victims distributed to to victims date to to date

N/A N/A Reparations under consideration Reparations under consideration following conviction in in the following conviction the Lubanga case (DRC) Lubanga case (DRC)

2.8 MILLION 2.8 MILLION of of funds allocated for general funds allocated for general assistance to to DRC, Uganda and assistance DRC, Uganda and CAR victims CAR victims

Top contributors Top contributors fund to to fund (2004-2011) (2004-2011)

GERMANY GERMANY 1.7 1.7 MILLION MILLION

FINLAND FINLAND 11 MILLION MILLION

UNITED UNITED KINGDOM KINGDOM 870,000 870,000

TRADITIONALLY, VICTIMS HAVE NOT PLAYED AN ACTIVE role before the international criminal tribunals. During the WWII-era Nuremberg Trials, not a single victim-witness was called. While more contemporary tribunals like the ICTY, ICTR and SCSL have greatly relied on the testimony of victims, for whom they have also established support units, victims may only appear as witnesses before these tribunals and are not considered parties to the proceedings.

In constrast, the ICC, STL and the ECCC all allow victims to be formally joined to the proceedings that concern them, which grants them certain procedural rights not otherwise available to those who appear solely as witnesses. Moreover, both the ECCC and the ICC provide for the possibility of reparations for victims. At the ECCC, victims who have been formally joined as civil parties may request that the tribunal order collective and moral reparations against a convicted person. This award may be of limited use where the convicted person is indigent, however.

For its part, the ICC may order both individual and collective reparations to be awarded to victims by a convicted person. Further, the Trust Fund for Victims (TFV) can also distribute general assistance funds to victims of crimes under the ICCs jurisdiction, even absent a conviction. The TFV is financed through voluntary contributions, as well as fines paid by convicted persons.

REPARATIONS 85

86

INTERNATIONAL JUSTICE AND LEGAL RESEARCH

ADDITIONAL RESOURCES
INTERNATIONAL JUSTICE RESOURCES
IJCENTRAL IJCENTRAL.ORG JUSTICE IN CONFLICT JUSTICEINCONFLICT.ORG LIEBER CODE WWW.LIEBERCODE.ORG TRIAL WWW.TRIAL-CH.ORG/EN/HOME.HTML H U M A N R I G H T S WAT C H I N T E R N AT I O N A L J U S T I C E WWW.HRW.ORG/TOPIC/INTERNATIONAL-JUSTICE O P E N S O C I E T Y F O U N D AT I O N S I N T E R N AT I O N A L J U S T I C E WWW.OPENSOCIETYFOUNDATIONS.ORG/TOPICS/INTERNATIONAL-JUSTICE A M N E S T Y I N T E R N AT I O N A L C A M PA I G N F O R I N T E R N AT I O N A L J U S T I C E WWW.AMNESTY.ORG/EN/INTERNATIONAL-JUSTICE R A D I O N E T H E R L A N D S W O R L D W I D E I N T E R N AT I O N A L J U S T I C E WWW.RNW.NL/INTERNATIONAL-JUSTICE WRONGING RIGHTS WWW.WRONGINGRIGHTS.COM T H E M U LT I L AT E R A L I S T BOSCO.FOREIGNPOLICY.COM OPINIO JURIS OPINIOJURIS.ORG AMERICAN NGO COALITION FOR THE ICC AMICC.BLOGSPOT.COM I N T E R N AT I O N A L C R I M I N A L L AW B U R E A U WWW.INTERNATIONALLAWBUREAU.COM PHD STUDIES IN HUMAN RIGHTS HUMANRIGHTSDOCTORATE.BLOGSPOT.COM F O R U M F O R I N T E R N AT I O N A L C R I M I N A L A N D H U M A N I TA R I A N L AW WWW.FICHL.ORG

ANNEX
ACKNOWLEDGMENTS The publication was the result of an interdisciplinary effort that benefited from the assistance of numerous individuals who volunteered their time and skills. My profound thanks first to Paula Airth of be.peculiar.com who oversaw the visual and creative direction of the publication. Mike Aziz and Paula Te also provided invaluable graphic design assistance, as did Harry Wyatt and Danny Thiemann. Thank you as well to Abby Goldstein and her design class students at Fordham University. Rita Astoor and Fordham Law School students and alumni Kwaku Agyeman-Budu, Stephanie Baez, Laura Goldsmith, Steven Heller, Meghan Iorianni, Rebecca Iwerks, Mehak Jamil,Catherine Matasha, Eva Nudd and Alexandra Rizio kindly assisted with much of the research included in the publication. Robyn Michaelson and Francesco Candino also provided follow-up research and Mary McEvoy assisted with factchecking, though any remaining errors contained in the publication are my own. Thank you as well to Stuart Ford of the John Marshall Law School, who shared his research on the costs of the tribunals, Ellen McElhinny and her colleagues and students at San Francisco State University for their work on the cartogram and Alison Shea of Fordham Law School for her assistance on the legal research tools Finally, thank you to my former colleagues at the Leitner Center for supporting this project.

ADDITIONAL RESOURCES 87

88

SOURCES
PP. 8-9: Quotation is from the testimony of Witness 50, who appeared before the ICTY on 29 and 30 March 2000 in the case against Dragoljub Kunarac, Zoran Vukovi and Radomir Kova. FIGURES FOR THE ESTIMATED DEATH TOLLS AND NUMBER OF DISPLACED PERSONS ARE BASED ON: The Independent International Commission on Kosovo, The Kosovo Report (Oxford Univ. Press 2000) Jan Zwierzchowski and Ewa Tabeau, The 1992-95 war in Bosnia and Herzegovina: Census-based multiple system estimation of casualties undercount (1 February 2010) Thierry Cruvellier and Marta Valias, Croatia: Selected Developments in Transitional Justice" (International Center for Transitional Justice, December 2006) PP. 10-11 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) The Conflicts, ICTY website (www.icty. org/sid/322) and Interactive map, ICTY website (www.icty.org/sid/10913) POPULATION ESTIMATES ARE BASED ON: CIA World Factbook (1991 and 1992) Helge Brunborg, Report on the size and ethnic composition of the population of Kosovo (14 August, 2002) The Conflicts, ICTY website (www.icty.org/sid/322) PP. 12-13 INFORMATION FOR THE TIMELINES IS BASED ON: SC Resolution 713 (1991) SC Resolution 819 (1993) SC Resolution 827 (1993) David Binder, U.S. Recognizes 3 Yugoslav Republics as Independent, N.Y. Times (April 7, 1992) Final Report of the Commission of Experts Established Pursuant to Security Council Resolution 780, U.N. Doc. S/1994/674 (May 27, 1994) Report of the Secretary-General pursuant to the General Assembly Resolution 53/35: The Fall of Srebrenica, A/54/549 (15 November 1999) The Independent International Commission on Kosovo, The Kosovo Report (Oxford Univ. Press 2000) William Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone (Cambridge University Press, 2006) Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007 David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) The Conflicts, ICTY website (www.icty.org/ sid/322) Former Yugoslavia- UNPROFOR, United Nations Protection Force Background (www. un.org/Depts/DPKO/Missions/unprof_b. htm) PP. 14-15 ICTY Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International Criminal Law is Shifting from the U.S. to Europe and Asia: An Analysis of Spending On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. L.J. 953 (2011). Information also based on: The Cases, ICTY website (www.icty.org/action/cases/4) PP. 16-21 Information drawn from: The Cases, ICTY website (www.icty.org/action/cases/4) PP. 24-25 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: United Nations Security Council, Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda, U.N. Doc. S/1999/1257 (December 16, 1993) David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) General Information, ICTR website (www. unictr.org/tabid/101/default.aspx) POPULATION ESTIMATES ARE BASED ON: CIA World Factbook (1994) PP. 26-27 INFORMATION FOR THE TIMELINES IS BASED ON: United Nations Security Council, Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda, U.N. Doc. S/1999/1257 (December 16, 1993) David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) Dr. Gregory H. Stanton, The Rwandan Genocide: Why Early Warning Failed (Journal of African Conflicts and Peace Studies, Volume 1, Number 2, September 2009) Philippe Gaillard, Rwanda 1994: kill as many people as you want, you cannot kill their memory, Speech by head of the ICRCs delegation in Rwanda, 1993-1994 (March 29, 2004) General Information, ICTR website (www. unictr.org/tabid/101/default.aspx) PP. 28-29 ICTR Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International Criminal Law is Shifting from the U.S. to Europe and Asia: An Analysis of Spending On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. L.J. 953 (2011). Information also based on: ICTR website (www.unictr.org/) PP. 31-33 Information drawn from the ICTR website (www.unictr.org/) PP. 38-39 INFORMATION FOR THE TIMELINES IS BASED ON: The Prosecutor vs. Brima, Kamara and Kanu (AFRC Case), Trial Judgment, SCSL-04-16-T (20 June 2007) The Prosecutor vs. Fofana and Kondewa (CDF Case), Trial Judgment, SCSL-04-14-T (2 August 2007) United Nations Security Council Resolution 1132 (1997) United Nations Security Council Resolution 1181 (1998) Annex to the letter dated 9 August 2000 from the Permanent Representative of Sierra Leone to the United Nations addressed to the President of the Security Council Abuja Ceasefire Agreement of 10 November 2000 Mohamed Gibril Sesay and Mohamed Suma, Transitional Justice and DDR: The Case of Sierra Leone (International Center for Transitional Justice, June 2009) PP. 40-41 SCSL Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International Criminal Law is Shifting from the U.S. to Europe and Asia: An Analysis of Spending On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. L.J. 953 (2011). Information also based on: SCSL website (www.sc-sl.org/) PP. 42-43 Information drawn from the SCSL website (www.sc-sl.org/) PP. 46-47 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge 1975-1979 (Yale University Press, 2002) David Chandler, A History of Cambodia (Westview Press, 2000) Daniel McLaughlin and Elisabeth Wickeri, Mental Health and Human Rights in Cambodia, 35 Fordham Intl L.J. 895 (2012) David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea, with inclusion of amendments as promulgated on October 27, 2004 Agreement between The United Nations and The Royal Government of Cambodia Concerning The Prosecution Under Cambodian Law Of Crimes Committed During The Period Of Democratic Kampuchea (June 6, 2003) (entered into force 2005) KAING Guek Eav alias Duch, Case File 001/1807-2007/ECCC/TC, Judgement (26 July 2010) POPULATION ESTIMATES ARE BASED ON: Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge 1975-1979 (Yale University Press, 2002) PP. 48-49 INFORMATION FOR THE TIMELINES IS BASED ON: Samantha Power, A Problem from Hell: America and the Age of Genocide (Harper Perennial, 2003) David Scheffer, All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton University Press, 2012) Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge 1975-1979 (Yale University Press, 2002) David Chandler, A History of Cambodia (Westview Press, 2000) Daniel McLaughlin and Elisabeth Wickeri, Mental Health and Human Rights in Cambodia, 35 Fordham Intl L.J. 895 (2012)

SCSL
PP. 34-35 Quotation is from the testimony of Witness TF1-072, who appeared before the SCSL on 1 July 2005 in the case against Prosecutor vs. Brima, Kamara and Kanu. DEATH TOLL ESTIMATES BASED ON: David Scheffer, All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton University Press, 2012) Marlise Simons, Ex-President of Liberia Aided War Crimes, Court Rules N.Y. Times, April 26, 2012 United Nations Security Council, Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda, U.N. Doc. S/1999/1257 (December 16, 1993) UNAMSIL figures based on Sierra Leone UNAMSIL - Facts and Figures (available at www.un.org/en/peacekeeping/missions/ past/unamsil/facts.html) PP. 36-37 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: Agreement between the United Nations and the Government of Sierra Leone on the establishment of a Special Court for Sierra Leone (January 2002) David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008)

ICTR
PP. 22-23 Death toll estimates based on United Nations Security Council, Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda, U.N. Doc. S/1999/1257 (December 16, 1993) Quotation is from an excerpt of the Judgment inProsecutor v. Kajelijeli, ICTR-9844A-T, citing testimony of Witness GDO.

Mohamed Gibril Sesay and Mohamed Suma, Transitional Justice and DDR: The Case ECCC of Sierra Leone (International Center for PP. 44-45 Transitional Justice, June 2009) Sierra Leone - UNAMSIL - Facts and Figures (available at www.un.org/en/ peacekeeping/missions/past/unamsil/facts. html) International Center for Transitional Justice, Sierra Leone Background (ictj.org/our-work/ regions-and-countries/sierra-leone) David Scheffer, All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton University Press, 2012) POPULATION ESTIMATES ARE BASED ON: CIA World Factbook (1996)

Quotation is from the trial testimony of Civil Party Martine Lefeuvre on 17 August 2009 in ECCC Case 001. DEATH TOLL ESTIMATES BASED ON: Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge 1975-1979 (Yale University Press, 2002) Cambodia Genocide Program at Yale University (www.yale.edu/cgp/)

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David Luban, Julie R. OSullivan and David P. Stewart, International and Transnational Criminal Law (Aspen Publishers, December 2008) PP. 50-51

PP. 60-61 Financing Information drawn from Publications, STL website (www.stl-tsl. org/en/about-the-stl/publications) Additional information drawn from About the STL and The Cases, STL website (www.stl-tsl.org/)

POPULATION ESTIMATES ARE BASED ON: CIA World Factbook (2002) (Uganda, Central African Republic, Democratic Republic of Congo, Darfur (estimate is for the whole of Sudan)) CIA World Factbook (2007) (Kenya) CIA World Factbook (2010) (Ivory Coast) CIA World Factbook (2011) (Libya) PP. 68-71 INFORMATION FOR THE TIMELINES IS BASED ON: ICC, Background: Situation in the Central African Republic Human Rights Watch, Central African Republic: ICC Opens Investigation, Court Examines Crimes in Forgotten Conflict (22 May 2007) UN News Centre, International Criminal Court opens probe into Central African Republic (22 May 2007) ICC Press Release, Prosecutor receives referral concerning Central African Republic (7 January 2005) ICC, Background: Situation in Uganda ICC Prosecutor Press Release, International Criminal Court opens an investigation into Northern Uganda Human Rights Watch, Abducted and Abused: Renewed Conflict in Northern Uganda (2003) Human Rights Watch, Uprooted and Forgotten: Impunity and Human Rights Abuses in Northern Uganda (2005) Human Rights Watch, The Christmas Massacres: LRA Attacks on Civilians in Northern Congo (2009) ICC, Case Information Sheet, Situation in Democratic Republic of the Congo (Case n ICC-01/04-01/06) Filip Reyntjens, The Great African War: Congo and Regional Geopolitics (Cambridge University Press, 2009) Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General (2005) Statement of the Prosecutor of the ICC to the United Nations Security Council on the situation in Darfur, pursuant to UNSCR 1593 (2005) ICC - Summary of the Case: Prosecutors Application for Warrant of Arrest under Article 58 Against Omar Hassan Ahmad AL BASHIR

U.N. Security Council Resolution 1593 (2005) ICC, Situation in Libya Reuters, Timeline: Libya's civil war nears end (2011) International Crisis Group, Kenya in Crisis, Africa Report N137 (21 February 2008) Situation in the Republic of Kenya, Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Kenya, Pre-Trial Chamber II (March 2010) Jeffrey Gettleman, Death Toll in Kenya Exceeds 1,000, but Talks Reach Crucial Phase, N.Y. Times (Feb. 6, 2008) Corrigendum to Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Republic of Cte DIvoire, Pre-Trial Chamber III (Nov. 15, 2011) Human Rights Watch, They Killed Them Like It Was Nothing: The Need for Justice for Cte dIvoires Post-Election Crimes (2011) PP. 72-73 ICC Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International Criminal Law is Shifting from the U.S. to Europe and Asia: An Analysis of Spending On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. L.J. 953 (2011). Information also based on: ICC website (www.icc-cpi.int/EN_Menus/icc/Pages/ default.aspx) PP. 74-75 Information drawn from ICC website (www. icc-cpi.int/EN_Menus/icc/Pages/default. aspx)

Hugh Pearman, These Knock-Down Shrinkable Games, Wall Street Journal (25 July 2012) (2012 London Olympics Costs) Kevin Roose, Bonuses Dip on Wall St., but Far Less Than Earnings, DealBook (29 February 2012) (2011 Wall Street Bonuses) ESPN.Com, Sale of Dodgers Finalized (2 May 2012) (2012 Sale of L.A. Dodgers) Pete Pachal, Apple v. Samsung Verdict Is In: Apple Wins, Mashable (24 August 2012) (Original 2011 Apple Samsung Trial Verdict) Jonathan Salant, "2012 Election Total: $6.3 Billion", go.bloomberg.com (March 14, 2013) (2012 U.S. Presidential Election) PP. 80-83 CRIMES CHARGED AND CONVICTIONS PER TRIBUNAL/CRIMES AGAINST HUMANITY Information regarding the crimes charged and the convictions per tribunal is drawn from a review of publicly available indictments and judgments from the various tribunals Crimes Against Humanity and Underlying Offenses Charged Per Tribunal (pp. 80-81) Crimes against humanity definitions taken from the relevant Statutes of the various tribunals Information regarding the crimes against humanity and underlying offenses charged is drawn from a review of publicly available indictments and judgments from the various tribunals PP. 84-85 SENTENCING BY TRIBUNAL AND BY CRIME Information regarding sentencing by tribunal and by crime was drawn from a review of publicly available judgments from the various tribunals PP. 85-86 REPARATIONS BY TRIBUNAL Information regarding reparations by tribunal was drawn from a review of the various tribunals Statutes and Rules of Procedure and Evidence, as well as relevant judgments Information was also drawn from the Trust Fund for Victims (www.trustfundforvictims. org/) CREATIVE DIRECTION / DESIGN: Paula Airth - www.bepeculiar.com

ECCC Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International PP. 62-63 Criminal Law is Shifting from the U.S. to Information drawn from STL website (www. Europe and Asia: An Analysis of Spending stl-tsl.org/) On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. ICC L.J. 953 (2011). PP. 64-65 Information also based on: ECCC (www.eccc. gov.kh/en) and UNARKT websites (www. unakrt-online.org/01_home.htm) PP. 52-53 Information drawn from ECCC (www.eccc. gov.kh/en) and UNARKT websites (www. unakrt-online.org/01_home.htm) Quotation is from the testimony of Witness P-0017 on 27 March 2005 in the trial of Thomas Lubanga Dyilo. DEATH TOLL ESTIMATES ARE BASED ON: International Rescue Committee, Measuring Mortality in the Democratic Republic of Congo, International Rescue Committee (2007) Dr Olivier Degomme MD, Prof Debarati Guha-Sapir MD, Patterns of mortality rates in Darfur conflict, The Lancet - 23 January 2010 (Vol. 375, Issue 9711) The International Crisis Group, The Lords Resistance Army: End Game? (Africa Report 182, 2007). Human Rights Watch Press Release, Protect Civilians From LRA Abuses (May 23 2011) Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, United Nations Human Rights Council (A/HRC/17/44, 1 June 2011) Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Kenya, Pre-Trial Chamber II, ICC01/09-19 (31 March 2010) Human Rights Watch, They Killed Them Like It Was Nothing: The Need for Justice for Cte dIvoires Post-Election Crimes (2011) BBC News, Hague referral for African pair (14 April 2006) PP. 66-67 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: Situation and Cases, ICC website (www. icc-cpi.int/en_menus/icc/situations%20 and%20cases/Pages/situations%20 and%20cases.aspx)

STL
PP. 54-55 Quotation is from Security Council Statement of 15 February 2005 (S/ PRST/2005/4) Death toll and information regarding the size of impact crater is based on: Creation of the STL, STL website (www. stl-tsl.org/en/about-the-stl/creation-ofthe-stl) PP. 56-57 INFORMATION FOR THE OVERVIEW OF UNDERLYING CONFLICT IS BASED ON: TIMELINE OF CONFLICT, STL website (www.stl-tsl.org/en/about-the-stl/timelineof-events) Lebanon: Chronology (Middle East Journal, Vol. 60, No. 2, Spring, 2006) Population estimates are based on: CIA World Factbook (2005) PP. 58-59 INFORMATION FOR THE TIMELINES IS BASED ON: TIMELINE OF CONFLICT, STL website (www.stl-tsl.org/en/about-the-stl/timelineof-events) Lebanon: Chronology (Middle East Journal, Vol. 60, No. 2, Spring, 2006)

CRSS

CROSS-CUTTING ISSUES

PP. 78-79 TRIBUNAL COSTS Annual Contributions based on figures collected and kindly provided by Stuart Ford. See also How Leadership in International Criminal Law is Shifting from the U.S. to Europe and Asia: An Analysis of Spending On and Contributions To International Criminal Courts, Stuart Ford, 55 St. Louis U. L.J. 953 (2011) Linda Greenhouse, The U.S. Supreme Court: A Very Short Introduction (Oxford University Press, 2012) (Yearly U.S. Federal Court System Costs)

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Leitner Center for international l aw and justice w w w.leitnercenter.org

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