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Annotated Leading Cases of International Criminal Tribunals - volume 49: Special Tribunal for Lebanon 2009-2013 [Pehme köide]

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Annotated Leading Cases of International Criminal Tribunals - volume 49: Special Tribunal for Lebanon 2009-2013Suurem pilt
  • Formaat: Paperback / softback, 1004 pages, kõrgus x laius x paksus: 240x170x40 mm, kaal: 1665 g
  • Sari: Annotated Leading Cases 49
  • Ilmumisaeg: 20-Feb-2017
  • Kirjastus: Intersentia Ltd
  • ISBN-10: 1780684282
  • ISBN-13: 9781780684284
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781780684284.html
This forty-ninth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the STL from 2009-2013. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions. The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.
Preface 11(2)
Part 1: Preliminary Matters
1 Pre-Trial Detention
Order on Conditions of Detention, In the Matter of El Sayed, Case No. CH/PRES/2009/01/rev, Before the President, 21 April 2009
13(8)
Order Regarding the Detention of Persons Detained in Lebanon in Connection with the Case of the Attack against Prime Minister Rafiq Hariri and Others, In the Matter of El Sayed, Case No. CH/PTJ/2009/06, Before the Pre-Trial Judge, 29 April 2009
21(8)
Commentary Denis Abels
29(6)
2 Deferral and Cooperation
Order Directing the Lebanese Judicial Authority Seized with the Case of the Attack Against Prime Minister Rafiq Hariri and Others to Defer to the Special Tribunal for Lebanon, In the Matter of El Sayed, Case No. CH/PTJ/2009/01, Before the Pre-Trial Judge, 27 March 2009
35(6)
Decision on the Defence Request Seeking to Obtain the Cooperation of Lebanon, Prosecutor v. Ayyash, et al., Case No. STL-11-011/PT/PTJ, P.T. Ch., 11 February 2013
41(6)
Decision on Defence Motion to Stay the Proceedings, Prosecutor v. Ayyash et al., Case No. STL-11-011/PT/TC, T. Ch., 17 December 2013
47(7)
Commentary Marjolein Cupido
54(9)
3 Legality of the Tribunal
Decision on the Defence Challenges to the Jurisdiction and Legality of the Tribunal, Prosecutor v. Ayyash et al., Case. No. STL-l1-01/PT/TC, T. Ch., 27 July 2012
63(20)
Decision on the Defence Appeals Against the Trial Chamber's "Decision on the Defence Challenges to the Jurisdiction and Legality of the Tribunal", Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR90.1, A. Ch., 24 October 2012
83(16)
Separate and Partially Dissenting Opinion of Judge Baragwanath
99(19)
Separate and Partially Dissenting Opinion of Judge Riachy
118(4)
Commentary Maartje Krabbe
122(7)
4 Applicable Law
Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging, with corrected front page, Before the Appeals Chamber, Case No. STL-11-01/1, A. Ch., 16 February 2011
129(94)
Corrected version of Decision on the Pre-Trial Judge's Request Pursuant to Rule 68(G), Prosecutor v. Ayyash, et al., Case No. STL-11-01/PT/AC, A. Ch., 29 March 2012
223(10)
Separate Opinion of Judge Chamseddine
233(2)
Decision on Defence Requests for Reconsideration of the Appeals Chamber's Decision of 16 February 2011, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/R176bis, A. Ch., 18 July 2012
235(14)
Commentary Andre Klip
249(4)
Part 2:Procedural Matters
5 Indictment Decision Relating to the Examination of the Indictment of 10 June 2011 Issued against Mr. Salim Jamil Ayyash, Mr. Mustafa Amine Badreddine, Mr. Hussein Hassan Oneissi & Mr. Assad Hassan Sabra, Prosecutor v. Ayyash et a, Case No. STL-11-01/I, P.T. Ch., 28 June 2011
253(100)
Decision on Alleged Defects in the Form of the Amended Indictment, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/TC, T. Ch., 12 June 2013
277(12)
Decision on the Requests for Certification to Lodge an Appeal against the Trial Chamber Decision of 12 June 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/TC, T. Ch., 5 July 2013
289(5)
Separate Concurring Opinion of Judge Re
294(3)
Redacted Version of the Decision Relating to the Prosecution Request of 21 June 2013 for Leave to Amend the Indictment of 6 February 2013, Dated 31 July 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 2 August 2013
297(32)
Decision on Defence Appeals Against Trial Chamber's "Decision on Alleged Defects in the Form of the Amended Indictment", Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR90.2, A. Ch., 5 August 2013
329
Separate Opinion of Judge Baragwanath
316(1)
Decision on Alleged Defects in the Form of the Amended Indictment of 21 June 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/TC, T. Ch., 13 September 2013
317(12)
Public Redacted Version of the "Decision Relating to the Examination of the Indictment of 5 June 2013 Issued Against Mr. Hassan Habib Merhi" Dated 31 July 2013, Prosecutor v. Merhi, Case No. STL-13-01/I/PTJ, P.T. Ch., 11 October 2013
329(18)
Commentary Iris Haenen
347(6)
6 Participation of Victims
Decision on Defence Motion of 17 February 2012 for an Order to the Victims' Participation Unit to Refile its Submission Inter Partes and Inviting Submissions on Legal Issues Related to Applications for the Status of Victim Participating in the Proceedings, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 5 April 2012
353(14)
Decision on Victims' Participation in the Proceedings, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 8 May 2012
367(26)
Decision on the VPU's Access to Materials and the Modalities of Victims' Participation in Proceedings before the Pre Trial Judge, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 18 May 2012
393(18)
Second Decision on Victims' Participation in the Proceedings, Prosecutor v. Ayyash et al., Case No.STL-11-01/PT/PTJ, P.T. Ch., 3 September 2012
411(6)
Decision on the Duty Legal Representative's Motion for Review of the Registrar's Designation of the Lead Legal Representative for Victims, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 27 September 2012
417(10)
Third Decision on Victims' Participation in the Proceedings, Prosecutor v. Ayyash et al., Case No.STL-11-01/PT/PTJ, P.T. Ch., 28 November 2012
427(4)
Decision on the Legal Representative of Victims' First, Second and Third Motions for Protective Measures for Victims Participating in the Proceedings, Prosecutor v. Ayyash et al., Case No. STL- 11-01/PT/PTJ, P.T. Ch., 19 December 2012
431(8)
Decision on Appeal by Legal Representative of Victims against Pre-Trial Judge's Decision on Protective Measures, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR126.3, A. Ch., b10 April 2013
439(12)
Concurring Opinion of Judge Baragwanath
451(6)
Joint Partially Dissenting Opinion of Judges Riachy and Nsereko
457(6)
Fourth Decision on Victims' Participation in the Proceedings, Prosecutor v. Ayyash et al., Case No.STL-11-01/PT/PTJ, P.T. Ch., 2 May 2013
463(8)
Decision on Prosecution's Request for the Reclassification as Confidential of the Identities and Applications of Victims Seeking to Participate in the Proceedings, Prosecutor v. Ayyash et al., Case No. STL-1l-01/PT/PTJ, P.T. Ch., 31 May 2013
471(9)
Commentary Nidal Nabil Jurdi
480(11)
7 Disclosure in the Matter of El Sayed
Decision on the Disclosure of Materials from the Criminal File of Mr. El Sayed, In the Matter of El Sayed, Case No. CH/PTJ/2011/08, Before the Pre-Trial Judge, 12 May 2011
491(10)
Decision on Prosecutor's Request for Suspension and Clarification of the Decision on the Disclosure of Materials from the Criminal File of Mr. el Sayed and Witness Protection Measures, In the Matter of El Sayed, Case No. CH/PTJ/2011/08, Before the Pre-Trial Judge, 3 June 2011
501(6)
Decision on Partial Appeal by Mr. El Sayed of Pre-Trial Judge's Decision of 12 May 2011, In the Matter of El Sayed, Case No. CH/AC/2011/01, A. Ch., 19 July 2011
507(28)
Decision Relating to the Prosecution's Second Application for Suspension of the Decision of 6 July 2011, In the Matter of El Sayed, Case No. CH/PTJ/2011/15, Before the Pre-Trial Judge, 2 September 2011
535(6)
Order Allowing in Part and Dismissing in Part the Appeal by the Prosecutor Against the Pre-Trial Judge's Decision of 2 September 2011 and Ordering the Disclosure of Documents, In the Matter of El Sayed, Case No. CH/AC/2011/02, A. Ch., 7 October 2011
541(12)
Decision Relating to Mr. El Sayed's Observations of 17 August 2011 Concerning the Enforcement of the Decision of 12 May 2011, In the Matter of El Sayed, Case No. CH/PTJ/2011/19, Before the Pre-Trial Judge, 1 November 2011
553(12)
Decision on the Prosecutor's Partial Appeal of the Pre-Trial Judge's Order of 20 February 2012, In the Matter of El Sayed, Case No. CH/AC/2012/03, A. Ch., 18 April 2012
565(12)
Decision Setting a Deadline for the Prosecutor to Disclose to Mr. El Sayed the Documents Mentioned in the Pre-Trial Judge's Order of 21 May 2011, In the Matter of El Sayed, Case No. CH/PTJ/2012/04, Before the Pre-Trial Judge, 8 October 2012
577(4)
Decision on the Prosecution's Request to Suspend in Part the Decision Setting a Deadline for the Prosecutor to Disclose to Mr. El Sayed the Documents Mentioned in the Pre-Trial Judge's Order of 12 May 2011, In the Matter of El Sayed, Case No. CH/PTJ/2012/07, Before the Pre-Trial Judge, 2 November 2012
581(4)
Decision on Partial Appeal by Mr. El Sayed against Pre-Trial Judge's Decision of 8 October 2012, In the Matter of El Sayed, Case No. CH/AC/2012/02, A. Ch., 23 November 2012
585(8)
Public Redacted Version of Decision on Appeal by the Prosecutor Against Pre-Trial Judge's Decision of 11 January 2013, Dated 28 March 2013, In the Matter of El Sayed, Case No. CH/AC/2013/01, A. Ch., 28 March 2013
593(10)
Decision on Partial Appeal by Mr. El Sayed against Pre-Trial Judge's Decision of 22 March 2013, In the Matter of El Sayed, Case No. STL-El Sayed/AC, A. Ch., 17 May 2013
603(9)
Commentary Linda Hamid
612(7)
8 Disclosure, not related to El Sayed 2012
619(60)
Decision on the Sabra Defence's First, Second, Third, Fourth, Fifth and Sixth Motions for Disclosure, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 8 November 2012
633(14)
Decision on the Prosecution Request Seeking Interim Protective Measures for the Expert Witnesses, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 13 December 2012
647(10)
Public Redacted Version of 19 September 2013 Decision on Appeal by Counsel for Mr. Oneissi Against Pre-Trial Judge's "Decision on Issues Related to the Inspection Room and Call Data Records", Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR126.4, A. Ch., 2 October 2013
657(13)
Commentary Alexander Heinze
670(9)
9 Procedural Matters Order Relating to the Jurisdiction of the Tribunal to Rule on the Application by Mr. El Sayed Dated 17 March 2010 and Whether Mr. El Sayed Has Standing Before the Tribunal, In the Matter of El Sayed, Case No. CH/PTJ/2010/005, Before the Pre-Trial Judge, 17 September 2010
679(104)
Decision on the Application to Challenge the Order of the President of the Appeals Chamber to Stay the Order of the Pre-Trial Judge and to Call Upon Amicus Curiae, In the Matter of El Sayed, Case No. CH-AC-2010-01, A. Ch., 8 November 2010
693(8)
Decision on Appeal of Pre-Trial Chamber Judge's Order Regarding Jurisdiction and Standing, In the Matter of El Sayed, Case No. CH-AC-2010-01, A. Ch., 10 November 2010
701(16)
Decision on Languages in the Case of Ayyash et al., Prosecutor v. Ayyash et al., Case No. STL-11-01/I/PTJ, P.T. Ch., 16 September 2011
717(14)
Decision on the Prosecution's Request for Partial Reconsideration of the Pre-Trial Judge's Order of 8 February 2012, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, Before the Pre-Trial Judge, 29 March 2012
731(8)
Decision on the Motion by the Defence for Mr. Mustafa Badreddine to have the Indictment of 10 June 2011, Confirmed on 28 June 2011, Annulled on the Grounds of Absence of Authority, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, Before the Pre-Trial Judge, 29 August 2012
739(6)
Decision on Appeal Against Pre-Trial Judge's Decision on Motion by Counsel for Mr. Badreddine Alleging the Absence of Authority of the Prosecutor, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR126.2, A. Ch., 13 November 2012
745(6)
Decision Relating to the Requests for Certification of the Decisions of 25 October 2012 and 15 November 2012, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 19 December 2012
751(8)
Decision on Defence Motion for Reconsideration and Rescission of Order Composing the Trial Chamber, Prosecutor v. Ayyash et al., Case No. STL-II-01/PT/PRES, Before the President, 4 October 2013
759(4)
Decision on Application by Counsel for Messrs Badreddine and Oneissi against President's Order on Composition of the Trial Chamber of 10 September 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC, A. Ch., 25 October 2013
763(6)
Decision on Request by Defence for Messrs Badreddine and Oneissi for Authorization to Seek Reconsideration of the Appeals Chamber's Decision of 25 October 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC, A. Ch., 13 November 2013
769(6)
Decision on Request by Counsel for Messrs Badreddine and Oneissi for Reconsideration of the Appeals Chamber's Decision of 25 October 2013, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC, A. Ch., 10 December 2013
775(6)
Commentary Karel De Meester
781(2)
10 In Absentia Order to Seize the Trial Chamber Pursuant to Rule 105 bis (A) of the Rules of Procedure and Evidence in Order to Determine Whether to Initiate Proceedings in Absentia, Prosecutor v. Ayyash et al., Case No. STL-11-01/l, P.T. Ch., 17 October 2011
783(100)
Decision to Hold Trial in Absentia, Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 1 February 2012
789(26)
Decision on Reconsideration of the Trial in Absentia Decision, Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 11 July 2012
815(10)
Corrected Version of Decision on Defence Appeals Against Trial Chamber's Decision on Reconsideration of the Trial In Absentia Decision, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/AC/AR126.1, A. Ch., 1 November 2012
825(22)
Decision to Hold Trial in Absentia, Prosecutor v. Merhi, Case No. STL-13-04/I/TC, T. Ch.,20 December 2013
847(24)
Commentary Michele Caianiello and Maria Laura Ferioli
871(12)
11 Witnesses Decision on Compliance with the Practice Direction for the Admissibility of Witness Statements under Rule 155, Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 30 May 2013
883(30)
First Decision on the Prosecution Motion for Admission of Written Statements Under Rule 155, Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 20 December 2013
891(13)
Commentary Miodrag Majic
904(9)
12 Impartiality Decision on Mr. El Sayed's Motion for the Disqualification of Judge Riachy from the Appeals Chamber Pursuant to Rule 25, In the Matter of El Sayed, Case No. CH/PRES/2010/08, Before the President, 5 November 2010
913(30)
Decision on Mr. El Sayed's Motion for the Disqualification of Judge Chamseddine from the Appeals Chamber Pursuant to Rule 25, In the Matter of El Sayed, Case No. CH/PRES/2010/08, Before the President, 5 November 2010
929(6)
Commentary Gerardine Goh Escolar
935(8)
13 Duty Counsel Corrected Version of the "Decision Relating to the Assignment of 'Duty Counsel' by the Head of Defence Office", Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 2 November 2011
943(58)
Decision on "Observations du Bureau de la defense" of 22 December 2011, Prosecutor v. Ayyash et al., Case No. STL-11-01/I/TC, T. Ch., 13 January 2012
947(4)
Decision of President on Forum and Redactions, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PRES, Before the President, 25 September 2012
951(4)
Public Redacted Version of Second Interim Decision Filed Confidentially on 10 September 2012, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PRES, Before the President, 8 October 2012
955(10)
Decision on Forum for Review of the Registrar's Decision in Relation to the Assignment of a Local Resource Person, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PTJ, P.T. Ch., 9 November 2012
965(8)
Decision on the Head of Defence Office Request for Review of the Registrar's Decision Relating to the Assignment of a Local Resource Person, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PRES, Before the President, 21 December 2012
973(12)
Decision on the Registry Application Pursuant to Rule 48(C) Seeking Clarification and Relief Regarding the President's Decision of 21 December 2012, Prosecutor v. Ayyash et al., Case No. STL-11-01/PT/PRES, Before the President, 27 March 2013
985(10)
Commentary Monique Oudt
995(6)
Contributors and Editors 1001
Steven Freeland is Emeritus Professor of International Law at Western Sydney University, where he was previously Dean of the School of Law, and Professorial Fellow at Bond University. He also holds Visiting or Adjunct positions at various other Universities/Institutes in Copenhagen, Vienna, Toulouse, Hong Kong, Montreal, Kuala Lumpur and London. Prior to becoming an academic, he had a 20-year career as an international commercial lawyer and an investment banker. He is a Member of the Advisory Group of the Australian Space Agency and has been an advisor to the Australian, New Zealand, Norwegian and several other Governments on issues relating to national space legislative frameworks and policy. He has represented the Australian Government at the Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and has also been appointed by UNCOPUOS to co-chair multilateral discussions on the exploration, exploitation and utilisation of space resources. He has also been a Visiting Professional within the Appeals Chamber at the International Criminal Court, and a Special Advisor to the Danish Foreign Ministry in matters related to the International Criminal Court. He is a Co-Principal of specialised space law firm Azimuth Advisory and also a Director of the International Institute of Space Law, and a Member of the Space Law Committee of the International Law Association and of the Space Law and War Crimes Committees of the International Bar Association. In addition to co-Editing the Annotated Leading Cases of International Criminal Tribunals book series, he also sits on the Editorial Board / Advisory Board of a number of internationally recognised academic journals