International Criminal Tribunal for the former Yugoslavia chamber ©ICTY
This reporting period saw the first completion by an ad hoc tribunal of its mandate, with the delivery of the Butare appeal judgment by the International Criminal Tribunal for Rwanda. The Security Council acknowledged the Tribunal’s achievements, including its contribution to the process of national reconciliation and the restoration and maintenance of peace. The closure of the Tribunal for Rwanda does not signify impunity for those whose cases were not heard by the Tribunal. Indeed, one of the fugitives (Ladislas Ntaganzwa) was arrested in the Democratic Republic of the Congo and transferred to Rwanda in March for trial. Meanwhile, the International Tribunal for the Former Yugoslavia concluded the trials of Radovan Karadžić and Vojislav Šešelj. Mr. Karadžić was convicted of genocide, crimes against humanity and war crimes while Mr. Šešelj was acquitted of all charges. At the close of the reporting period, the Tribunal remained seized of two appeals and two trials of senior political and military figures. The International Residual Mechanism for Criminal Tribunals continues the jurisdiction and essential functions of the Tribunals for the Former Yugoslavia and Rwanda.
There were important developments also at the International Criminal Court. The Court concluded the trial of Jean-Pierre Bemba Gombo, who was convicted and sentenced to 18 years in prison for crimes against humanity and war crimes (murder, rape and pillaging) in the Central African Republic. Ahmad al-Faqi al-Mahdi, who faces charges of war crimes for intentionally directing attacks against historic monuments and buildings dedicated to religion in Timbuktu, Mali, expressed his intention to plead guilty to the charges. This is the first case to be exclusively focused on the war crime of intentionally directing attacks against cultural property.
At the Extraordinary Chambers in the Courts of Cambodia proceedings are ongoing in all three chambers. The Special Tribunal for Lebanon is conducting the trial in absentia of five persons accused of perpetrating the attack which killed Rafiq Hariri and 22 other persons. The Tribunal also delivered judgment in the first contempt trial against a corporate entity before an international criminal tribunal, with the acquittal of the corporate entity and a journalist. The Residual Special Court for Sierra Leone, which continues the jurisdiction of the Special Court for Sierra Leone, is also continuing its work.
The principle of complementarity in the Rome Statute demands that, in the first instance, prosecution of serious crimes of international concern take place at the national level. In this context, the United Nations is assisting in accountability efforts in South Sudan, the Central African Republic and Sri Lanka, in collaboration with Member States and regional organizations. In South Sudan, technical assistance is being provided to the African Union Commission for the establishment of the Hybrid Court for South Sudan to address international and national crimes committed since December 2013. This is the first occasion on which the United Nations has been tasked with providing technical assistance to a regional organization in the establishment of a hybrid tribunal. In the Central African Republic, the United Nations Multidimensional Integrated Stabilization Mission is assisting the transitional authorities in establishing a special criminal court. With respect to Sri Lanka, the United Nations stands ready to assist in implementing the Government’s proposal to establish a judicial mechanism to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, which were noted by the Human Rights Council.
The International Court of Justice in 2015 marked its seventieth anniversary as the main judicial organ of the United Nations. During the reporting period the Court delivered five judgments, three on preliminary objections and two on the merits. In the case concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), the Court found a violation of Costa Rica’s territorial sovereignty and navigational rights. In the case concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), the Court held that Costa Rica had violated its obligation to carry out an environmental impact assessment concerning the construction of the road. In both cases, the Court found that there was no breach of substantive environmental obligations.
The Committee on the Elimination of Discrimination against Women issued its general recommendation No. 33 on women’s access to justice. It stresses the importance of women’s access to justice in diverse legal systems and all areas of law for all women, irrespective of economic or social status, political background, geographical location, disability, sexual orientation or gender identity.
The topic of oceans has been high on the agenda. Member States have continued their efforts to implement international law as reflected in the United Nations Convention on the Law of the Sea. This is key to the achievement of the 2030 Agenda, as it provides the legal framework for the conservation and sustainable use of oceans and their resources. The first global integrated marine assessment provided a critical scientific basis for this work. The Organization also took steps towards the development of an international legally binding instrument under the Convention on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.