Prosecutor In Cases Research Articles

International humanitarian law violations in northern Uganda: victims' health, policy, and programming implications

Experience of serious violations of International Humanitarian Law (IHL) results in complex physical disability and psychosocial trauma amplifying poverty and multi-generational trauma and impeding long-term recovery. We use data from a representative sample of victims in the case Prosecutor V. Dominic Ongwen brought before the International Criminal Court. Thirteen years after the 2004 massacre, the victims were significantly worse off than the general war-affected population that did not experience serious violations of IHL. The differences in health and wellbeing persisted for individuals and their households, including children born after the massacre. The victims have significantly lower availability of appropriate health services and medications, including significantly greater distance to travel to these services. These findings call attention to the needs of people having experienced IHL violations, for provision of physical and emotional trauma care to allow for recovery, and better understanding of the short- and long-term impacts of IHL violations.

Historic feminist intervention at the International Criminal Court—the appeals hearing in Prosecutor v Dominic Ongwen

ABSTRACT Australian academics formed part of a feminist collective contributing as amici curiae to the appeal stage of International Criminal Court case Prosecutor v Dominic Ongwen. This comment discusses the significance of these amici curiae interventions.

La omisión en el artículo 28(a) del Estatuto de Roma: un análisis a propósito del caso Bemba Gombo

The judicial pronouncements of the case Prosecutor v. Bemba have been the first decisions of the International Criminal Court in matters of responsibility for omission of the superior (article 28 of the Rome Statute). Although this jurisprudence has meant the end of some of the problems raised by the scholarly doctrine of international criminal Law, many other issues have been left unsolved. After a review of the facts of the case and its judicial decisions, this paper proposes an interpretation of the omission responsibility that emanates from article 28(a) of the Rome Statute, giving a leading role to the interpretation of the ‘commission by omission’ of continental law.

Disposal of the person’s hospitalization in the medical insitution for conducting forensic examinations in the criminal procceedings

Individual freedom is one of the fundamental values protected by the European Convention on Human Rights, due to its importance, requiring a rigorous review by the European Court of Human Rights of any measure that could infringe this value. At the same time, this fundamental right is protected by the Constitution of the Republic of Moldova and the Code of Criminal Procedure, due to which individual freedom is inviolable, and its coercion is allowed only in cases and with the procedure strictly regulated by law. The hospitalization of the person in the medical institution is a form of de privation of liberty and, respectively, it is going to take place only on the basis of a court authorization. At the same time, the person’s hospitalization can affect the right to privacy. It is therefore strictly necessary that the whole procedure be followed imperatively and without exception. The disposition of the forced internment of the person in a medical institution for the performance of judicial expertise in the criminal process is within the competence of the investigating judge. Therefore, this article is dedicated to the procedure regarding the hospitalization of the person in the medical institution, on the basis of grounds and reasons on which the hospitalization can take place, the attribution of the criminal investigation body and the prosecutor in cases when there is a need to hospitalize the person.

Unearthing Ambiguities: Post-Genocide Justice in Raoul Peck’s Sometimes in April and the ICTR case Nahimana et al.

Abstract This article examines Raoul Peck’s portrayal of post-genocide justice in Rwanda in his film Sometimes in April (2005). The film, which depicts the 1994 genocide against the Tutsi and its aftermath a decade later, resonates with the ICTR case Prosecutor v. Nahimana et al. with its focus on hate speech as genocide. The shared questions connect the two distinct narrative forms that are part of the global social discourse on Rwanda, allowing them to be analysed side by side. Building upon close readings, this article asks: Who is guilty and what counts as a crime? What kind of impact do justice mechanisms have? Whose interests does the ICTR serve? Extending interdisciplinary research on Rwanda across law and cultural studies, I argue that analysing Sometimes in April helps unearth ambiguities within and surrounding the ICTR. Peck’s film and the legal case together communicate a rounded understanding of post-genocide justice to outside audiences, as it is experienced or perceived from local and international perspectives.

Procedural status of the prosecutor in legal proceedings to resolve public law disputes in the Republic of Tajikistan

This article analyses the procedural status and forms of prosecutor participation in legal proceedings in public law disputes in general jurisdiction courts and special economic jurisdiction in the Republic of Tajikistan. Problems, contradictions, and gaps are identified in the current procedural legislation of the Republic of Tajikistan, which regulates the procedure for resolving public law disputes. Moreover, the article highlights the new approaches of the national legislator in the Civil Procedure Code of the Republic of Tajikistan 2008, the Economic Procedure Code 2008; The Code of Administrative Procedures of the Republic of Tajikistan 2007 which regulates the legal status of a prosecutor in resolving public law disputes in civil, economic, and administrative proceedings. In all these procedural acts in this category of disputes, the prosecutor is defined as a person participating in the case, which implies his legal interest in the ruling. Based on the analysis of national legislation, the article reveals that the objectives of the prosecutor in cases arising from public law relations are to ensure the rule of law and public interest. The authors conclude that the procedural institute of the prosecutor, as a person participating in cases on the resolution of public law disputes, is not new. However, many issues related to the prosecutor in the Republic of Tajikistan remain unresolved. Based on the results of the analysis conducted, the article concludes that there is a necessity to improve legislation that manages the participation of the prosecutor in the consideration of public law disputes.

The Eric Garner Case: Statewide Survey of New York Voters’ Response to Proposed Police Accountability Legislation

ABSTRACTThe Eric Garner case was unique because this police-induced death was caught on video from before the moment of physical confrontation. A mixed-methods representative household survey and Garner's arrest video were used to determine NYS voters’ opinions (n = 119) about police indictment and Governor Cuomo's request for expanded authority. Respondents were asked whether the officers should face indictment, shown the arrest video, and then asked again about indictment. Prior to the video, a majority of respondents (n = 86; 57.4%) believed involved officers should have been indicted. After viewing, the proportion increased by 13.7%. A majority supported Cuomo's call for expanded authority to appoint a special prosecutor in cases where police are involved in civilian deaths. Study limitations include prior exposure to the footage and a low response rate. NYS voters generally supported Cuomo's proposal for appointing a special prosecutor; however, a quarter of respondents disagreed with the method of reform and expressed a: 1) preference for every case to go to trial; 2) preference for a case-by-case basis; or 3) distrust in state-appointed special prosecutors. This research could inform discussions regarding proposed system reforms. Future research with a less well-circulated video is needed to determine the extent to which videos of police-induced deaths affect public opinion.

The Protection of Civilians in War: The ICTY's Galić Case

This note examines the ICTY's judgement of 5 December 2003 in the case Prosecutor v. Stanislav Galić. It provides a general overview of the facts of the case and then reviews the chamber's discussion of the two war crime charges – attack on civilians and terror against civilians – and of the individual criminal responsibility of the defendant.

Separation of Powers and the Politics of Independent Counsels

As a part of its post-Watergate reform efforts, Congress created an independent counsel arrangement in the Ethics in Government Act of 1978. After Richard Nixon fired Watergate Special Prosecutor Archibald Cox in the October 1973 Saturday Night Massacre, Congress sought to limit executive branch control of such investigations by providing for judicial appointment of an independent special prosecutor in cases involving allegations of criminal wrongdoing by high-level executive branch officials. Subject to a five year sunset provision, the statute was reauthorized in 1982 and 1987. Plagued by election year politics and the threat of a Republican filibuster in the Senate, Congress failed to reauthorize the provisions before they expired in December 1992. The provisions were revived as the obstacle of executive branch resistance was removed with the arrival of the Clinton administration. The Senate passed a new bill in November 1993, the House passed a slightly different version in February 1994, and a final version was adopted in June of 1994.1

Nurnberg Trial Procedure and the Rights of the Accused

author, Executive Counsel, Office of Chief Counsel for War Crimes, is a member of the New York Bar. He was Chief Prosecutor in Case No. IX (U. S. v. Ohlendorf, et al.) which has been labeled The Biggest Murder Case in History. defendants were 22 SS prisoners charged with murdering more than a million people because of race, faith or political belief. Mr. Ferencz contributed Behabilitation of Army Offenders to this JOURNAL, Vol. XXXIV, No. 4.--EDITOR.