Laurent Gbagbo. Photo: alchetron.com via Bing.
Laurent Gbagbo. Photo: alchetron.com via Bing.

ICC AC rejects Gbagbo’s notice of appeal on detention in limine: In the case of The Prosecutor v. Laurent Gbagbo and Charles Ble Goude ongoing at the ICC, the Appeals Chamber has issued its decision on Mr Laurent Gbagbo’s notice of appeal against Trial Chamber I’s previous decision to continue Gbagbo’s detention. The Appeals Chamber dismissed Gbagbo’s appeal in limine, based on the fact that Gbagbo’s Notice of Appeal failed to set out the ground of appeal (per Regulation 64(5) of the Regulations of the Court) and further because Gbagbo’s Counsel appears to have relied on an outdated version of the Regulations of the Court. The Appeal Chamber subsequently concluded “In light of the strict timelines prescribed by regulation 64 of the Regulations of the Court for the efficient conduct of proceedings on interim release, the Appeals Chamber considers that to allow Mr Gbagbo to re-file his Notice of Appeal at this stage of the proceedings would unduly infringe on these timelines.” Judge Howard Morrison appended a dissenting opinion to this decision, wherein he stated that, while he agreed that the Notice of Appeal falls short of full compliance with Regulation 64, the broader interests of justice could have been better served by condoning the non-compliance with a strong caution to Mr Gbagbo and his Counsel – this being especially preferable given that the liberty of an individual is at stake. (ICC Decision, ICC Decision Dissenting Opinion)

 

Jovica Stanisic and Franko Simatovic. Photo: balkaninsight.com via Bing.
Jovica Stanisic and Franko Simatovic. Photo: balkaninsight.com via Bing.

Civilian status of missing Croatian contested in Stanisic and Simatovic retrial: In the trial of former Serbian commanders Jovica Stanisic and Franko Simatovic ongoing before the MICT, the defence team has rejected the claim put forward by the prosecution’s expert witness that persons rendered missing by the conflict were civilian, arguing instead that some were soldiers. The expert testified that most of the 929 people still missing following the war in Croatia disappeared following Serb attacks in 1991. The defence countered by pointing to three men listed in the expert report who had also been listed on a registry of Croatian war veterans compiled by the Croatian ministry of defence. Stanisic and Simatovic are charged as co-perpetrators in a joint criminal enterprise that allegedly committed four counts of crimes against humanity and one count of violations of the laws or customs of war in the former Yugoslavia between 1991 and 1995. Both were convicted by Trial Chamber I of the ICTY in 2013, but the Appeals Chamber subsequently quashed the conviction and ordered a retrial, which commenced on 13 June 2017. (Balkan Insight)