The Security Council, by its Resolution 1966 (2010), established the Mechanism to carry out a number of essential functions of the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia. In accordance with its mandate, the Mechanism has assumed responsibility for, inter alia, the enforcement of sentences, administrative review, assignment of cases, review proceedings, appeal proceedings, contempt, requests for revocation of the referral of cases to national jurisdictions, the variation of witness protection measures, access to materials, disclosure, changes in classification of documents and requests for compensation and assignment of counsel. The Selected Ongoing Cases are only a few of the pending judicial proceedings, related to the above-mentioned essential functions, currently before the Mechanism. For information about all proceedings before the Mechanism, see All Mechanism Proceedings.
Selected Ongoing Cases
Jovica Stanišić was the Head of the State Security Service (“DB”) of the Ministry of Internal Affairs of the Republic of Serbia (“MUP”).
Franko Simatović was employed in the Second administration of the DB of the MUP.
Both accused were acquitted of all charges by an ICTY Trial chamber on 30 May 2013.
On 15 December 2015, the ICTY Appeals Chamber ordered that Stanišić and Simatović be retried on all counts of the indictment.
Recent developments: The trial commenced before the Mechanism on 13 June 2017.
On 12 May 1992, Radovan Karadžić was elected as the President of the Presidency of the Serbian Republic of Bosnia and Herzegovina. From 17 December 1992, he was the sole President of Republika Srpska and the Supreme Commander of the armed forces of Republika Srpska.
Sentenced by an ICTY Trial Chamber to 40 years' imprisonment on 24 March 2016.
On 22 July 2016, both parties filed their notices of appeal.
Recent developments: The appeal hearing in the case took place on 23 and 24 April 2018 at the Mechanism's Hague branch.
On 12 May 1992, Ratko Mladić was appointed Commander of the Main Staff of the army of the Serbian Republic of Bosnia and Herzegovina (“VRS”). He remained in command of the VRS Main Staff until at least 8 November 1996.
Sentenced by an ICTY Trial Chamber to life imprisonment on 22 November 2017.
On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgment.
Recent developments: On 19 December 2017, the President of the Mechanism assigned a bench of five judges to this case before the Appeals Chamber. On 21 December 2017, the pre-appeal judge partly granted the motion for an extension of time and ordered that any notices of appeal in this case be filed within 120 days of the issuance of the ICTY Trial Judgement. On 22 March 2018 both parties filed their notices of appeal.
In February 1991, Vojislav Šešelj was appointed President of the newly founded Serbian Radical Party. In June 1991, he was elected as a member of the Assembly of the Republic of Serbia.
Acquitted by an ICTY Trial Chamber on 31 March 2016.
On 29 August 2016, the Prosecution filed a public redacted version of its appeal brief.
On 11 April 2018, the Appeals Chamber rendered the Appeal Judgement and reversed Šešelj’s acquittals, in part, entering convictions against Šešelj under Counts 1, 10 and 11 of the indictment for instigating deportation, persecution (forcible displacement), and other inhumane acts (forcible transfers) as crimes against humanity, as well as for committing persecution, based on a violation of the right to security, as a crime against humanity. The Appeals Chamber found that the Trial Chamber erred in not holding Šešelj criminally responsible for a speech he gave in Hrtkovci, Vojvodina (Serbia) on 6 May 1992, calling for the expulsion of the non-Serbian population. In addition, the Appeals Chamber reversed the Trial Chamber’s finding that there was no widespread or systematic attack against the non-Serbian civilian population in Croatia and in Bosnia and Herzegovina. The Appeals Chamber also determined that the crimes committed in Hrtkovci, Vojvodina, were part of the wider attack in Croatia and Bosnia and Herzegovina.
The Appeals Chamber sentenced Šešelj to 10 years of imprisonment. The sentence was declared served in view of the credit to which Šešelj was entitled under the Rules of Procedure and Evidence for the time he spent in detention in custody of the ICTY pending trial.
In July 1990, Ngirabatware was appointed Minister of Planning, a position he retained as part of the Interim Rwandan Government in April 1994. He was also a member of the Préfecture Committee of the National Republican Movement for Democracy and Development (“MRND”) political party in Gisenyi Préfecture, the National Committee of the MRND, and the technical committee of Nyamyumba Commune.
On 20 December 2012, Ngirabatware was sentenced by an ICTR Trial Chamber to 35 years of imprisonment. On 18 December 2014, the Mechanism’s Appeals Chamber reduced Ngirabatware’s sentence to 30 years of imprisonment.
On 19 June 2017, the Appeals Chamber in its full capacity issued a decision granting Ngirabatware’s request for review of the Appeal Judgement.
On 19 December 2017, the Appeals Chamber: (i) granted Peter Robinson’s request to withdraw as Ngirabatware’s counsel; (ii) instructed the Registrar to replace Robinson; and (iii) adjourned the review hearing, previously scheduled for February 2018, until further order of the Appeals Chamber in order to provide the new counsel with adequate time to prepare. On 19 January 2018, the Registrar assigned Diana Ellis and Sam Blom-Cooper as Counsel and Co-Counsel, respectively, to represent Ngirabatware in the review proceedings before the Mechanism.
Recent developments: On 20 April 2018, the Appeals Chamber ordered Ngirabatware and the Prosecution to submit in writing a list of evidence and witnesses, if any, each proposes to introduce at the review hearing by 18 June 2018 and 25 June 2018, respectively.
A review hearing is expected in due course.