During the Jurisdictional Immunities of the State case brought before the International Court of Justice, which country was found to be guilty?
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Jurisdictional Immunities of the State Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening) was a case concerning the extent of state immunity before the International Court of Justice. The case was brought by Germany after various decisions by Italian courts to ignore the state immunity of Germany when confronted with claims against Germany by victims of Nazi-era war crimes. The court found that Italy was wrong to ignore German immunity, and found that Italy was obligated to render the decisions of its courts against Germany without effect.
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International Court of Justice The International Court of Justice (French: "Cour internationale de justice" ; commonly referred to as the World Court, ICJ or The Hague) is the primary judicial branch of the United Nations (UN). Seated in the Peace Palace in The Hague, Netherlands, the court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.
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Patrick Lipton Robinson Patrick Lipton Robinson, O.J. (born 29 January 1944 in Jamaica), is a Jamaican member of the International Court of Justice for the term commencing February 2015. Prior to this he was formerly the President of the International Criminal Tribunal for the Former Yugoslavia, a position he held between 2008 and 2011 during which time his "Chef de Cabinet" was Gabrielle Louise McIntyre. He was first elected to the Tribunal in 1998 and has been re-elected twice since. In 2004, he presided over the trial of Slobodan Milošević, the former Yugoslav president and the first former head of state to be tried for war crimes.
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United Nations Security Council Resolution 1207 United Nations Security Council resolution 1207, adopted on 17 November 1998, after recalling all resolutions concerning the conflicts in the former Yugoslavia, in particular Resolution 827 (1993), the Council condemned the Federal Republic of Yugoslavia (Serbia and Montenegro) for its failure to execute arrest warrants issued by the International Criminal Tribunal for the former Yugoslavia (ICTY).
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Personal jurisdiction over international defendants in the United States Personal jurisdiction over international defendants in the United States
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United Nations Security Council Resolution 284 United Nations Security Council Resolution 284, adopted on July 29, 1970, submitted the following question to the International Court of Justice for an advisory opinion: "What are the legal consequences for States of the continued presence of South Africa in Namibia notwithstanding Security Council resolution 276 (1970)?". The Council requested the Secretary-General to transmit the resolution, along with all documents likely to throw light upon to the question to the Court.
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Carmichele v Minister of Safety &amp; Security The Constitutional Court, in Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening), an important case in South African criminal, delict and constitutional law, found that the State could be held delictually liable for damages arising out of the unlawful omissions of its servants. "In casu", the conduct of the police and a prosecutor had resulted in the release of a person, charged with rape, on his own recognisance. This person had subsequently assaulted the complainant.
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Pieter Kooijmans Pieter Hendrik "Peter" Kooijmans (] ; 6 July 1933 – 13 February 2013) was a Dutch jurist, politician and diplomat. He was a member of the Anti Revolutionary Party and later a member of its successor party the Christian Democratic Appeal. He was State Secretary and later Minister of Foreign Affairs (1973–1977 and 1993–1994). In between these periods of office he worked for the UN as the United Nations Special Rapporteur on Torture, (1985–1993). He served as a Judge on the International Court of Justice (1997–2006).
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United Nations Security Council Resolution 130 United Nations Security Council Resolution 130, adopted on November 25, 1958, noted with regret the death of Judge José Gustavo Guerrero on October 25, 1958. The Council then decided that in accordance with the Statute of the Court the resulting vacancy in the International Court of Justice would be resolved by an election in the General Assembly that would take place during the fourteenth session of that body.
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R v Finta R v Finta, [1994] 1 S.C.R. 701 is a case decided by the Supreme Court of Canada. The Court found that a 45-year delay before charging an individual under the crimes against humanity provisions of the Criminal Code does not fall within the meaning of "unreasonable delay" under the "Canadian Charter of Rights and Freedoms". The period for "unreasonable delay" begins from the point that charges are laid.
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Sérgio Moro Sérgio Fernando Moro (] ; born 1 August 1972) is a Brazilian federal judge who has gained fame in Brazil for being in charge of the prosecution of the crimes identified in the Operation Car Wash (Portuguese: "Operação Lava Jato" ), a case of high-profile scandals of corruption and bribery involving government officials and business executives.
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United Nations Security Council Resolution 1955 United Nations Security Council Resolution 1955, adopted unanimously on December 14, 2010, after recalling resolutions 955 (1995), 1165 (1998), 1329 (2000), 1411 (2002), 1431 (2002), 1717 (2006), 1824 (2008), 1855 (2008), 1878 (2008), 1901 (2009) and 1931 (2010) on Rwanda, the Council permitted three judges to complete their cases at the International Criminal Tribunal for Rwanda (ICTR) beyond their terms of office, and increased the number of temporary judges at the tribunal.
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Sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is a principle of international law which exempts a sovereign state from the jurisdiction of foreign national courts. Sovereign immunity is based on the concept of sovereignty in the sense that a sovereign may not be subjected without its approval to the jurisdiction of another sovereign. As Lord Atkin observed,
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Nuremberg trials The Nuremberg trials (German: "die Nürnberger Prozesse") were a series of military tribunals held by the Allied forces under international law and the laws of war after World War II. The trials were most notable for the prosecution of prominent members of the political, military, judicial and economic leadership of Nazi Germany, who planned, carried out, or otherwise participated in the Holocaust and other war crimes. The trials were held in the city of Nuremberg, Germany, and their decisions marked a turning point between classical and contemporary international law.
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Pentito Italian term pentito (] ; "repentant"; plural: "pentiti") is used colloquially to designate people in Italy who were formerly part of criminal or terrorist organizations, and who, following their arrests, decided to "repent" and collaborate with the judiciary to help further investigations. The judicial category of "pentiti" was originally created in legislation passed by the Italian government in the 1970s to combat violence and terrorism during the so-called Years of Lead. The correct technical name used for them is "collaborators of justice" (Italian: "collaboratori di giustizia" ). In the wake of the Maxi Trial in Palermo in 1986–87, and after the testimony of Tommaso Buscetta, the term came into widespread use in Italy for all former members of the Sicilian Mafia who had abandoned their organization and started helping investigators.
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War Crimes Law (Belgium) Belgium's War Crimes Law invokes the concept of universal jurisdiction to allow anyone to bring war crime charges in Belgian courts, regardless of where the alleged crimes have taken place.
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Actus reus Actus reus ( ), sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the "mens rea", "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions of England and Wales, Canada, Australia, India, Pakistan, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States of America, some crimes also require proof of an attendant circumstance.
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Trial of Ratko Mladić The Prosecutor v. Ratko Mladić is a case before the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands concerning crimes allegedly committed during the Bosnian War by Ratko Mladić as his role as a general in the Yugoslav People's Army and the Chief of Staff of the Army of Republika Srpska.
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Puerto Rico v. Sanchez Valle Puerto Rico v. Sanchez Valle, 579 U.S. ___ (2016) , is a criminal case that came before the Supreme Court of the United States. In the case, the court considered whether Puerto Rico and the federal government of the United States are separate sovereigns for purposes of the Double Jeopardy Clause of the U.S. Constitution. In essence, this clause establishes that an individual cannot be tried for the same offense twice under the same sovereignty. The petitioner claimed that Puerto Rico possesses a different sovereignty because of the island's current political status while others claimed that it does not—including the respondent, the Supreme Court of Puerto Rico, and the Solicitor General of the United States. Finally, in a 6-2 decision, the court affirmed that the Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws.
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United Nations Security Council Resolution 103 United Nations Security Council Resolution 103, adopted on December 3, 1953, recommended to the General Assembly that San Marino be allowed to become a party to the Stature of the International Court of Justice if they met the following conditions; (a) acceptance of the provision of the Statute of the ICJ, (b) acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter and (c) undertaking to contribute to the expenses of the Court as the GA shall access from time to time, after consultation with the San Marinan Government.
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United Nations Security Council Resolution 525 United Nations Security Council resolution 525, adopted unanimously on 7 December 1982, after hearing of the death sentences on Anthony Tsotsobe, Johannes Shabangu and David Moise, the Council expressed its concern at the sentences passed by the Supreme Court of Appeal of South Africa, in addition to those of Ncimbithi Johnson Lubisi, Petrus Tsepo Mashigo and Naphtali Manana, members of the African National Congress.
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Jurisdiction of the International Court of Justice Jurisdiction of the International Court of Justice