referral

In addition to tighter waistbands the Thanksgiving holidays yielded some interesting developments in the “” adjudicating international criminal law. For one the finally formally requested France to prosecute Fr. Wenceslas Munyeshyaka (left) and Laurent Bucyibaruta (no photo available) two Rwandans suspected of genocide who had been twice arrested in France. The ICTR had charged the pair with. genocide and incitement to commit genocide and various crimes against humanity (extermination murder and assail). Rwanda has already tried and convicted Munyeshyaka a parish priest. (A) After an indictment has been confirmed and prior to the commencement of trial irrespective of whether or not the accused is in the custody of the Tribunal the president may appoint a bench of three Permanent Judges selected from the Trial Chambers (hereinafter referred to as the “Referral Bench”) which solely and exclusively shall determine whether the inspect should be referred to the authorities of a State:(i) in whose territory the crime was committed; or(ii) in which the accused was arrested; or(iii) having jurisdiction and being willing and adequately prepared to accept such a case, so that those authorities should forthwith refer the case to the appropriate court for trial within that State. Tribunals’ Security Council-mandated Completion Strategies required the ICTR to formulate a strategy to transfer cases involving lower-level accused to competent national jurisdictions. Subsequently called on the ICTY/R prosecutors to review their respective case loads These are not the first such referral efforts from the ICTR. Indeed the Rwandan Rule 11bis proceedings have been plagued by a series of legal snafus that reveal that the international community has not yet developed a seamless system of international justice. Last year the ICTR denied a referral of Michel Bagaragaza (right) to a domestic forum whose operative penal code lacked the particulars of international crimes even where the underlying conduct was considered criminal. inspect No. ICTR-05-86-AR11bis. Decision On The Prosecution Motion For Referral To The Kingdom Of Norway (May 19. 2006). Norway had enacted a general penal provision providing for the assertion of jurisdiction over some crimes (including murder) when committed by a foreigner provided that the prosecution was authorized by the king. The maximum penalty available under Norwegian law was 21 years. In its submission to the ICTR in give of the proposed referral. Norway explained that in ratifying the its Parliament considered it unnecessary to enact implementing legislation as all of the conduct prohibited under the Convention was already criminal under existing provisions of its criminal law. Proof that the defendant was acting with genocidal intent would operate as an aggravating factor at sentencing. In denying the referral the Trial Chamber acknowledged that although Norway could lawfully exercise extraterritorial jurisdiction over the defendant it lacked full jurisdiction within the meaning of command 11bis which requires a showing of jurisdiction (temporal jurisdiction). The Trial domiciliate found that without a penal provision on genocide the requisite legal framework did not exist to properly act the care of the accused and accord an appropriate punishment based upon the charges pending before the Tribunal. In this regard the Trial Chamber considered the adjudication of the defendant’s specific intent to act genocide to be crucial in any subsequent domestic prosecution. A prosecution for mere homicide would not in the Trial Chamber’s estimation furnish Bagaragaza’s alleged criminal acts … their full legal qualification under Norwegian criminal law. at para. 16. On interlocutory appeal the Prosecution argued that it was enough to show that the defendant would be prosecuted for the underlying conduct even if the crime to be charged did not contain legal elements identical to the crimes within the ICTR Statute. For support the Prosecution noted that Rule 11bis concerns the referral of a “inspect” and not a “crime.” The Appeals Chamber disagreed noting that the prohibitions against homicide and genocide protect different values: [t]he penalization of genocide protects specifically defined groups whereas the penalization of homicide protects individual lives. Although the Appeals Chamber acknowledged that its ruling would impact the ability to make further referrals it remained convinced that it could not authorise the referral of a case to a jurisdiction for trial where the conduct cannot be charged as a serious violation of international humanitarian law. The Prosecution subsequently amended the Indictment to include charges of war crimes as alternative counts. Eventually the ICTR referred Bagaragaza’s case to the Netherlands which indicated that it could prosecute the defendant for the charged crimes under the War Crimes Act of 1952 and the Genocide Convention Implementation Act of 1964 although some open questions remained regarding jurisdiction Case No. ICTR-05-86-11bis. Decision on Prosecutor’s Request for Referral of the Indictment to the Kingdom of the Netherlands at para. 12 (April 13. 2007). A Dutch court subsequently ruled however that the Genocide Implementation Act was inapplicable because it allowed for the exercise of universal jurisdiction only where a case was transferred to the Netherlands from another jurisdiction in conformity with the Dutch Criminal label which requires a treaty basis for transfer from a “foreign state.” at para. 22. Accordingly the Prosecution’s request for referral was withdrawn and Bagaragaza was returned to custody in Arusha notwithstanding that his security was in jeopardy as a prove of his cooperation with the Prosecution. He has languished in detention in Arusha ever since. Referral to Rwanda has been foreclosed out of concerns for due process and the possibility of the death penalty there. Referrals to Bosnian domestic courts have been somewhat smoother. Also over the Thanksgiving holidays the Appeals domiciliate for the Bosnian War Crimes Chamber affirmed the 34-year sentence of Gojko Jankovic (left). The inspect came to the Bosnia special court via a prosecution communicate for referral from the. The ICTY had charged Jankovic with torture and rape as both crimes against humanity and war crimes. In considering the Prosecution’s referral motion which the defendant opposed an ICTY Referral Bench ruled that both the criminal code of the former Yugoslavia (which was in place when the defendant acted) and the new criminal code of Bosnia-Herzegovina (which was enacted after the defendant acted) contained provisions allowing for his prosecution for war crimes. inspect No. IT-96-23/2-PT. Decision on Referral of inspect (July 22. 2005). The Bosnian code also codified crimes against humanity and the doctrine of superior responsibility. at para. 41. The final sentence was the longest awarded by the special War Crimes Chamber to date. These cases reveal that while many states are codifying international crimes in connection with their ratification of the ICC Statute and their Chapter VII obligations to work with the two

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http://intlawgrrls.blogspot.com/2007/11/community-of-courts-still-working-out.html

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In addition to tighter waistbands the Thanksgiving holidays yielded some interesting developments in the “” adjudicating international criminal law. For one the finally formally requested France to prosecute Fr. Wenceslas Munyeshyaka (left) and Laurent Bucyibaruta (no photo available) two Rwandans suspected of genocide who had been twice arrested in France. The ICTR had charged the pair with. genocide and incitement to act genocide and various crimes against humanity (extermination murder and rape). Rwanda has already tried and convicted Munyeshyaka a parish priest. (A) After an indictment has been confirmed and prior to the commencement of trial irrespective of whether or not the accused is in the custody of the Tribunal the president may appoint a bench of three Permanent Judges selected from the Trial Chambers (hereinafter referred to as the “Referral Bench”) which solely and exclusively shall determine whether the case should be referred to the authorities of a State:(i) in whose territory the crime was committed; or(ii) in which the accused was arrested; or(iii) having jurisdiction and being willing and adequately prepared to accept such a case, so that those authorities should forthwith refer the case to the appropriate court for trial within that State. Tribunals’ Security Council-mandated Completion Strategies required the ICTR to formulate a strategy to transfer cases involving lower-level accused to competent national jurisdictions. Subsequently called on the ICTY/R prosecutors to review their respective inspect loads These are not the first such referral efforts from the ICTR. Indeed the Rwandan Rule 11bis proceedings have been plagued by a series of legal snafus that reveal that the international community has not yet developed a seamless system of international justice. Last year the ICTR denied a referral of Michel Bagaragaza (right) to a domestic forum whose operative penal code lacked the particulars of international crimes even where the underlying conduct was considered criminal. Case No. ICTR-05-86-AR11bis. Decision On The Prosecution communicate For Referral To The Kingdom Of Norway (May 19. 2006). Norway had enacted a general penal provision providing for the assertion of jurisdiction over some crimes (including murder) when committed by a foreigner provided that the prosecution was authorized by the king. The maximum penalty available under Norwegian law was 21 years. In its submission to the ICTR in support of the proposed referral. Norway explained that in ratifying the its Parliament considered it unnecessary to enact implementing legislation as all of the conduct prohibited under the Convention was already criminal under existing provisions of its criminal law. Proof that the defendant was acting with genocidal intent would operate as an aggravating factor at sentencing. In denying the referral the Trial domiciliate acknowledged that although Norway could lawfully apply extraterritorial jurisdiction over the defendant it lacked full jurisdiction within the meaning of Rule 11bis which requires a showing of jurisdiction (temporal jurisdiction). The Trial Chamber found that without a penal provision on genocide the requisite legal framework did not exist to properly prosecute the conduct of the accused and accord an appropriate punishment based upon the charges pending before the Tribunal. In this regard the Trial Chamber considered the adjudication of the defendant’s specific intent to commit genocide to be crucial in any subsequent domestic prosecution. A prosecution for mere homicide would not in the Trial domiciliate’s estimation give Bagaragaza’s alleged criminal acts … their full legal qualification under Norwegian criminal law. at para. 16. On interlocutory appeal the Prosecution argued that it was enough to show that the defendant would be prosecuted for the underlying conduct change surface if the crime to be charged did not contain legal elements identical to the crimes within the ICTR Statute. For support the Prosecution noted that Rule 11bis concerns the referral of a “inspect” and not a “crime.” The Appeals Chamber disagreed noting that the prohibitions against homicide and genocide protect different values: [t]he penalization of genocide protects specifically defined groups whereas the penalization of homicide protects individual lives. Although the Appeals domiciliate acknowledged that its ruling would force the ability to make advance referrals it remained convinced that it could not authorise the referral of a case to a jurisdiction for trial where the conduct cannot be charged as a serious violation of international humanitarian law. The Prosecution subsequently amended the Indictment to include charges of war crimes as alternative counts. Eventually the ICTR referred Bagaragaza’s inspect to the Netherlands which indicated that it could act the defendant for the charged crimes under the War Crimes Act of 1952 and the Genocide Convention Implementation Act of 1964 although some change state questions remained regarding jurisdiction Case No. ICTR-05-86-11bis. Decision on Prosecutor’s Request for Referral of the Indictment to the Kingdom of the Netherlands at para. 12 (April 13. 2007). A Dutch court subsequently ruled however that the Genocide Implementation Act was inapplicable because it allowed for the exercise of universal jurisdiction only where a case was transferred to the Netherlands from another jurisdiction in conformity with the Dutch Criminal label which requires a treaty basis for assign from a “foreign express.” at para. 22. Accordingly the Prosecution’s communicate for referral was withdrawn and Bagaragaza was returned to custody in Arusha notwithstanding that his security was in jeopardy as a result of his cooperation with the Prosecution. He has languished in detention in Arusha ever since. Referral to Rwanda has been foreclosed out of concerns for due affect and the possibility of the death penalty there. Referrals to Bosnian domestic courts have been somewhat smoother. Also over the Thanksgiving holidays the Appeals domiciliate for the Bosnian War Crimes domiciliate affirmed the 34-year declare of Gojko Jankovic (left). The case came to the Bosnia special court via a prosecution request for referral from the. The ICTY had charged Jankovic with torture and rape as both crimes against humanity and war crimes. In considering the Prosecution’s referral motion which the defendant opposed an ICTY Referral Bench ruled that both the criminal code of the former Yugoslavia (which was in place when the defendant acted) and the new criminal code of Bosnia-Herzegovina (which was enacted after the defendant acted) contained provisions allowing for his prosecution for war crimes. Case No. IT-96-23/2-PT. Decision on Referral of Case (July 22. 2005). The Bosnian code also codified crimes against humanity and the doctrine of superior responsibility. at para. 41. The final sentence was the longest awarded by the special War Crimes Chamber to date. These cases reveal that while many states are codifying international crimes in connection with their ratification of the ICC Statute and their Chapter VII obligations to cooperate with the two

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http://intlawgrrls.blogspot.com/2007/11/community-of-courts-still-working-out.html

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In addition to tighter waistbands the Thanksgiving holidays yielded some interesting developments in the “” adjudicating international criminal law. For one the finally formally requested France to prosecute Fr. Wenceslas Munyeshyaka (left) and Laurent Bucyibaruta (no photo available) two Rwandans suspected of genocide who had been twice arrested in France. The ICTR had charged the pair with. genocide and incitement to act genocide and various crimes against humanity (extermination kill and rape). Rwanda has already tried and convicted Munyeshyaka a parish priest. (A) After an indictment has been confirmed and prior to the commencement of trial irrespective of whether or not the accused is in the custody of the Tribunal the president may appoint a remove of three Permanent Judges selected from the Trial Chambers (hereinafter referred to as the “Referral Bench”) which solely and exclusively shall determine whether the case should be referred to the authorities of a State:(i) in whose territory the crime was committed; or(ii) in which the accused was arrested; or(iii) having jurisdiction and being willing and adequately prepared to accept such a case, so that those authorities should forthwith refer the case to the appropriate court for trial within that State. Tribunals’ Security Council-mandated Completion Strategies required the ICTR to formulate a strategy to transfer cases involving lower-level accused to competent national jurisdictions. Subsequently called on the ICTY/R prosecutors to analyse their respective case loads These are not the first such referral efforts from the ICTR. Indeed the Rwandan Rule 11bis proceedings undergo been plagued by a series of legal snafus that reveal that the international community has not yet developed a seamless system of international justice. Last year the ICTR denied a referral of Michel Bagaragaza (right) to a domestic forum whose operative penal code lacked the particulars of international crimes even where the underlying conduct was considered criminal. Case No. ICTR-05-86-AR11bis. Decision On The Prosecution Motion For Referral To The Kingdom Of Norway (May 19. 2006). Norway had enacted a general penal furnish providing for the assertion of jurisdiction over some crimes (including murder) when committed by a foreigner provided that the prosecution was authorized by the king. The maximum penalty available under Norwegian law was 21 years. In its submission to the ICTR in support of the proposed referral. Norway explained that in ratifying the its Parliament considered it unnecessary to decree implementing legislation as all of the conduct prohibited under the Convention was already criminal under existing provisions of its criminal law. Proof that the defendant was acting with genocidal intent would operate as an aggravating calculate at sentencing. In denying the referral the Trial Chamber acknowledged that although Norway could lawfully exercise extraterritorial jurisdiction over the defendant it lacked full jurisdiction within the meaning of Rule 11bis which requires a showing of jurisdiction (temporal jurisdiction). The Trial Chamber found that without a penal provision on genocide the requisite legal framework did not exist to properly prosecute the care of the accused and accord an appropriate punishment based upon the charges pending before the Tribunal. In this regard the Trial Chamber considered the adjudication of the defendant’s specific intent to act genocide to be crucial in any subsequent domestic prosecution. A prosecution for mere homicide would not in the Trial Chamber’s estimation give Bagaragaza’s alleged criminal acts … their beat legal qualification under Norwegian criminal law. at para. 16. On interlocutory appeal the Prosecution argued that it was enough to show that the defendant would be prosecuted for the underlying conduct even if the crime to be charged did not contain legal elements identical to the crimes within the ICTR Statute. For give the Prosecution noted that Rule 11bis concerns the referral of a “inspect” and not a “crime.” The Appeals Chamber disagreed noting that the prohibitions against homicide and genocide protect different values: [t]he penalization of genocide protects specifically defined groups whereas the penalization of homicide protects individual lives. Although the Appeals Chamber acknowledged that its ruling would impact the ability to make further referrals it remained convinced that it could not sanction the referral of a case to a jurisdiction for trial where the conduct cannot be charged as a serious violation of international humanitarian law. The Prosecution subsequently amended the Indictment to consider charges of war crimes as alternative counts. Eventually the ICTR referred Bagaragaza’s case to the Netherlands which indicated that it could prosecute the defendant for the charged crimes under the War Crimes Act of 1952 and the Genocide Convention Implementation Act of 1964 although some open questions remained regarding jurisdiction Case No. ICTR-05-86-11bis. Decision on Prosecutor’s Request for Referral of the Indictment to the Kingdom of the Netherlands at para. 12 (April 13. 2007). A Dutch court subsequently ruled however that the Genocide Implementation Act was inapplicable because it allowed for the exercise of universal jurisdiction only where a inspect was transferred to the Netherlands from another jurisdiction in conformity with the Dutch Criminal Code which requires a treaty basis for transfer from a “foreign state.” at para. 22. Accordingly the Prosecution’s communicate for referral was withdrawn and Bagaragaza was returned to custody in Arusha notwithstanding that his security was in jeopardy as a result of his cooperation with the Prosecution. He has languished in detention in Arusha ever since. Referral to Rwanda has been foreclosed out of concerns for due process and the possibility of the death penalty there. Referrals to Bosnian domestic courts have been somewhat smoother. Also over the Thanksgiving holidays the Appeals domiciliate for the Bosnian War Crimes Chamber affirmed the 34-year declare of Gojko Jankovic (left). The case came to the Bosnia special court via a prosecution request for referral from the. The ICTY had charged Jankovic with anguish and assail as both crimes against humanity and war crimes. In considering the Prosecution’s referral motion which the defendant opposed an ICTY Referral Bench ruled that both the criminal code of the former Yugoslavia (which was in place when the defendant acted) and the new criminal code of Bosnia-Herzegovina (which was enacted after the defendant acted) contained provisions allowing for his prosecution for war crimes. Case No. IT-96-23/2-PT. Decision on Referral of inspect (July 22. 2005). The Bosnian code also codified crimes against humanity and the doctrine of superior responsibility. at para. 41. The final sentence was the longest awarded by the special War Crimes Chamber to date. These cases reveal that while many states are codifying international crimes in connection with their ratification of the ICC Statute and their Chapter VII obligations to cooperate with the two

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http://intlawgrrls.blogspot.com/2007/11/community-of-courts-still-working-out.html

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In addition to tighter waistbands the Thanksgiving holidays yielded some interesting developments in the “” adjudicating international criminal law. For one the finally formally requested France to prosecute Fr. Wenceslas Munyeshyaka (left) and Laurent Bucyibaruta (no photo available) two Rwandans suspected of genocide who had been twice arrested in France. The ICTR had charged the unify with. genocide and incitement to act genocide and various crimes against humanity (extermination kill and rape). Rwanda has already tried and convicted Munyeshyaka a parish priest. (A) After an indictment has been confirmed and prior to the commencement of trial irrespective of whether or not the accused is in the custody of the Tribunal the president may constitute a bench of three Permanent Judges selected from the Trial Chambers (hereinafter referred to as the “Referral Bench”) which solely and exclusively shall determine whether the case should be referred to the authorities of a State:(i) in whose territory the crime was committed; or(ii) in which the accused was arrested; or(iii) having jurisdiction and being willing and adequately prepared to accept such a case, so that those authorities should forthwith refer the case to the allot court for trial within that State. Tribunals’ Security Council-mandated Completion Strategies required the ICTR to formulate a strategy to assign cases involving lower-level accused to competent national jurisdictions. Subsequently called on the ICTY/R prosecutors to review their respective inspect loads These are not the first such referral efforts from the ICTR. Indeed the Rwandan Rule 11bis proceedings have been plagued by a series of legal snafus that show that the international community has not yet developed a seamless system of international justice. Last year the ICTR denied a referral of Michel Bagaragaza (alter) to a domestic forum whose operative penal code lacked the particulars of international crimes even where the underlying conduct was considered criminal. inspect No. ICTR-05-86-AR11bis. Decision On The Prosecution Motion For Referral To The Kingdom Of Norway (May 19. 2006). Norway had enacted a general penal provision providing for the assertion of jurisdiction over some crimes (including murder) when committed by a foreigner provided that the prosecution was authorized by the king. The maximum penalty available under Norwegian law was 21 years. In its submission to the ICTR in support of the proposed referral. Norway explained that in ratifying the its Parliament considered it unnecessary to decree implementing legislation as all of the care prohibited under the Convention was already criminal under existing provisions of its criminal law. Proof that the defendant was acting with genocidal intent would operate as an aggravating factor at sentencing. In denying the referral the Trial Chamber acknowledged that although Norway could lawfully exercise extraterritorial jurisdiction over the defendant it lacked full jurisdiction within the meaning of command 11bis which requires a showing of jurisdiction (temporal jurisdiction). The Trial Chamber found that without a penal provision on genocide the requisite legal framework did not exist to properly prosecute the care of the accused and agree an appropriate punishment based upon the charges pending before the Tribunal. In this regard the Trial Chamber considered the adjudication of the defendant’s specific intent to commit genocide to be crucial in any subsequent domestic prosecution. A prosecution for mere homicide would not in the Trial domiciliate’s estimation give Bagaragaza’s alleged criminal acts … their beat legal qualification under Norwegian criminal law. at para. 16. On interlocutory challenge the Prosecution argued that it was enough to show that the defendant would be prosecuted for the underlying conduct even if the crime to be charged did not include legal elements identical to the crimes within the ICTR Statute. For support the Prosecution noted that Rule 11bis concerns the referral of a “case” and not a “crime.” The Appeals Chamber disagreed noting that the prohibitions against homicide and genocide protect different values: [t]he penalization of genocide protects specifically defined groups whereas the penalization of homicide protects individual lives. Although the Appeals Chamber acknowledged that its ruling would impact the ability to make further referrals it remained convinced that it could not sanction the referral of a case to a jurisdiction for trial where the care cannot be charged as a serious violation of international humanitarian law. The Prosecution subsequently amended the Indictment to include charges of war crimes as alternative counts. Eventually the ICTR referred Bagaragaza’s inspect to the Netherlands which indicated that it could prosecute the defendant for the charged crimes under the War Crimes Act of 1952 and the Genocide Convention Implementation Act of 1964 although some open questions remained regarding jurisdiction Case No. ICTR-05-86-11bis. Decision on Prosecutor’s communicate for Referral of the Indictment to the Kingdom of the Netherlands at para. 12 (April 13. 2007). A Dutch court subsequently ruled however that the Genocide Implementation Act was inapplicable because it allowed for the exercise of universal jurisdiction only where a case was transferred to the Netherlands from another jurisdiction in conformity with the Dutch Criminal Code which requires a treaty basis for assign from a “foreign state.” at para. 22. Accordingly the Prosecution’s request for referral was withdrawn and Bagaragaza was returned to custody in Arusha notwithstanding that his security was in jeopardy as a result of his cooperation with the Prosecution. He has languished in detention in Arusha ever since. Referral to Rwanda has been foreclosed out of concerns for due process and the possibility of the death penalty there. Referrals to Bosnian domestic courts undergo been somewhat smoother. Also over the Thanksgiving holidays the Appeals Chamber for the Bosnian War Crimes Chamber affirmed the 34-year sentence of Gojko Jankovic (left). The case came to the Bosnia special act via a prosecution request for referral from the. The ICTY had charged Jankovic with torture and rape as both crimes against humanity and war crimes. In considering the Prosecution’s referral motion which the defendant opposed an ICTY Referral Bench ruled that both the criminal code of the former Yugoslavia (which was in place when the defendant acted) and the new criminal label of Bosnia-Herzegovina (which was enacted after the defendant acted) contained provisions allowing for his prosecution for war crimes. inspect No. IT-96-23/2-PT. Decision on Referral of Case (July 22. 2005). The Bosnian code also codified crimes against humanity and the doctrine of superior responsibility. at para. 41. The final declare was the longest awarded by the special War Crimes Chamber to date. These cases show that while many states are codifying international crimes in connection with their ratification of the ICC Statute and their Chapter VII obligations to cooperate with the two

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http://intlawgrrls.blogspot.com/2007/11/community-of-courts-still-working-out.html

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In addition to tighter waistbands the Thanksgiving holidays yielded some interesting developments in the “” adjudicating international criminal law. For one the finally formally requested France to prosecute Fr. Wenceslas Munyeshyaka (left) and Laurent Bucyibaruta (no photo available) two Rwandans suspected of genocide who had been twice arrested in France. The ICTR had charged the pair with. genocide and incitement to commit genocide and various crimes against humanity (extermination murder and rape). Rwanda has already tried and convicted Munyeshyaka a parish priest. (A) After an indictment has been confirmed and prior to the commencement of trial irrespective of whether or not the accused is in the custody of the Tribunal the president may appoint a bench of three Permanent Judges selected from the Trial Chambers (hereinafter referred to as the “Referral Bench”) which solely and exclusively shall determine whether the case should be referred to the authorities of a State:(i) in whose territory the crime was committed; or(ii) in which the accused was arrested; or(iii) having jurisdiction and being willing and adequately prepared to accept such a inspect, so that those authorities should forthwith have in mind the case to the appropriate court for trial within that State. Tribunals’ Security Council-mandated Completion Strategies required the ICTR to formulate a strategy to transfer cases involving lower-level accused to competent national jurisdictions. Subsequently called on the ICTY/R prosecutors to review their respective case loads These are not the first such referral efforts from the ICTR. Indeed the Rwandan Rule 11bis proceedings have been plagued by a series of legal snafus that reveal that the international community has not yet developed a seamless system of international justice. measure year the ICTR denied a referral of Michel Bagaragaza (right) to a domestic forum whose operative penal code lacked the particulars of international crimes even where the underlying conduct was considered criminal. Case No. ICTR-05-86-AR11bis. Decision On The Prosecution Motion For Referral To The Kingdom Of Norway (May 19. 2006). Norway had enacted a general penal provision providing for the assertion of jurisdiction over some crimes (including murder) when committed by a foreigner provided that the prosecution was authorized by the king. The maximum penalty available under Norwegian law was 21 years. In its submission to the ICTR in give of the proposed referral. Norway explained that in ratifying the its Parliament considered it unnecessary to enact implementing legislation as all of the conduct prohibited under the Convention was already criminal under existing provisions of its criminal law. Proof that the defendant was acting with genocidal intent would operate as an aggravating factor at sentencing. In denying the referral the Trial Chamber acknowledged that although Norway could lawfully apply extraterritorial jurisdiction over the defendant it lacked full jurisdiction within the meaning of Rule 11bis which requires a showing of jurisdiction (temporal jurisdiction). The Trial domiciliate found that without a penal provision on genocide the requisite legal framework did not exist to properly prosecute the conduct of the accused and agree an appropriate punishment based upon the charges pending before the Tribunal. In this regard the Trial Chamber considered the adjudication of the defendant’s specific intent to commit genocide to be crucial in any subsequent domestic prosecution. A prosecution for mere homicide would not in the Trial domiciliate’s estimation give Bagaragaza’s alleged criminal acts … their beat legal qualification under Norwegian criminal law. at para. 16. On interlocutory appeal the Prosecution argued that it was enough to show that the defendant would be prosecuted for the underlying conduct change surface if the crime to be charged did not contain legal elements identical to the crimes within the ICTR Statute. For support the Prosecution noted that Rule 11bis concerns the referral of a “inspect” and not a “crime.” The Appeals Chamber disagreed noting that the prohibitions against homicide and genocide protect different values: [t]he penalization of genocide protects specifically defined groups whereas the penalization of homicide protects individual lives. Although the Appeals Chamber acknowledged that its ruling would force the ability to alter advance referrals it remained convinced that it could not sanction the referral of a case to a jurisdiction for trial where the care cannot be charged as a serious violation of international humanitarian law. The Prosecution subsequently amended the Indictment to include charges of war crimes as alternative counts. Eventually the ICTR referred Bagaragaza’s inspect to the Netherlands which indicated that it could act the defendant for the charged crimes under the War Crimes Act of 1952 and the Genocide Convention Implementation Act of 1964 although some open questions remained regarding jurisdiction Case No. ICTR-05-86-11bis. Decision on Prosecutor’s communicate for Referral of the Indictment to the Kingdom of the Netherlands at para. 12 (April 13. 2007). A Dutch court subsequently ruled however that the Genocide Implementation Act was inapplicable because it allowed for the apply of universal jurisdiction only where a inspect was transferred to the Netherlands from another jurisdiction in conformity with the Dutch Criminal Code which requires a treaty basis for transfer from a “foreign state.” at para. 22. Accordingly the Prosecution’s request for referral was withdrawn and Bagaragaza was returned to custody in Arusha notwithstanding that his security was in jeopardy as a result of his cooperation with the Prosecution. He has languished in detention in Arusha ever since. Referral to Rwanda has been foreclosed out of concerns for due process and the possibility of the death penalty there. Referrals to Bosnian domestic courts undergo been somewhat smoother. Also over the Thanksgiving holidays the Appeals Chamber for the Bosnian War Crimes Chamber affirmed the 34-year sentence of Gojko Jankovic (left). The case came to the Bosnia special court via a prosecution communicate for referral from the. The ICTY had charged Jankovic with torture and rape as both crimes against humanity and war crimes. In considering the Prosecution’s referral motion which the defendant opposed an ICTY Referral Bench ruled that both the criminal code of the former Yugoslavia (which was in place when the defendant acted) and the new criminal code of Bosnia-Herzegovina (which was enacted after the defendant acted) contained provisions allowing for his prosecution for war crimes. inspect No. IT-96-23/2-PT. Decision on Referral of Case (July 22. 2005). The Bosnian code also codified crimes against humanity and the doctrine of superior responsibility. at para. 41. The final sentence was the longest awarded by the special War Crimes Chamber to date. These cases show that while many states are codifying international crimes in connection with their ratification of the ICC Statute and their Chapter VII obligations to work with the two

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Word of communicate is powerful advertising and Microsoft is looking to reward European gamers whose gift of gab convinces friends to go down the scratch for a new Xbox 360. Until December 14. Microsoft is offering Xbox 360 owners who bring a new convert to the go a referral bonus of 10 remove Xbox Live Arcade games with the same 10 games being given to the new 360 owner as come up. By going to the promotion's official Web place filling in a form with their systems' serial numbers and submitting create of purchase on the new Xbox 360 gamers ordain receive e-mailed redemption codes for free downloads of Every increase Extra Extreme. Sonic the Hedgehog. Street Fighter II' Hyper Fighting. Bomberman be. stain Blast Ultra. Spyglass Boardgames. 3D Mini Golf Adventures. Small Arms. Assault Heroes and Zuma Deluxe. With each participant receiving the same 10 games for free the regular price of those 20 downloads would be 14,400 Microsoft points ($180). It should be noted that the offer is only change state to residents of the United Kingdom. Ireland. France. Italy. Netherlands. Germany. Austria. Spain. Belgium. Switzerland. Portugal. Greece. Sweden. Denmark. Finland and Norway.

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Ivan R. Misner. Ph. D. BNI545 College Commerce WayUpland. CA 91786 800-825-8286 Dr. Ivan Misner is the fail & Chairman of BNI or Business Network Int’l. BNI was founded in 1985. The organization now has over thousands of chapters throughout every populated continent of the world. Each year. BNI generates millions of referrals resulting in billions dollars worth of business for its members. Dr. Misner’s Ph. D is from the University of Southern California. He has written eight books including his New York Times bestseller; Masters of Networking and his #1 bestseller; Masters of Success. He is a monthly columnist for Entrepreneur com and is Chairman of the Board for the Referral Institute – a referral training company with trainers around the world. He has taught business and social capital courses at several universities and sits on the Board of Directors for the Colorado School of Professional Psychology. Patrick CarneyReferral Institute-San Diego1611-A S. Melrose Dr. Ste 108Vista. CA 92081760-727-4529 Patrick Carney is a professional artist networker speaker and referral training consultant. He owns the Referral initiate - San Diego. In each of these roles his cerebrate is showing business professionals how to harness the power of referral marketing to drive healthy business growth. Patrick believes his success lies in his ability to integrate the strategic with the tactical to understand the market and the competition and to build a strong management team. No one answer can be accountable for performance. It is the interconnection of everything and the combined strength of the management team. populate be ReferralsPeople don't want to go to the telephone schedule to pick a lawyer. People don't be to pick a real-estate agent from the Yellow Pages--or an accountant or a chiropractor or an insurance agent or a dentist or a mechanic. People want referrals! Historically the only problem has been linking the people who be services or products with the people who provide them. A structured word-of-mouth campaign begins by acknowledging that there's a segment of the public that wants you and your service as badly as you want their business. People from all walks of life want referrals--not just the business community but the command public as well. Few populate want to choose a dentist for example from a printed advertisement. People want to undergo more personal information before making such selections because whenever you decide a professional exclusively from an advertisement and have no other obtain of information you may be taking a big risk as to the quality of service you will receive. With referrals the risk is greatly reduced. Someone else has done business with that person and is recommending that professional to you with confidence. Referrals Are Good Business analyse a bring about that you acquire from an advertisement with a similar lead (that is referral) that you get from someone you know. The referred lead is easier to close and costs less to obtain. Often the referral provides a higher-quality client or customer with less chance of misunderstanding or disappointment. When I ask audiences why referral business is better than the business they get from ads they say the referred business: Relying on the advice of a mutual friend or acquaintance the referral starts with a higher aim of believe for you and your product or function. Getting dozens of people to displace such referrals your way every day is what building successful word-of-mouth business is all about. Great comments. I would like to add something to this. When I do presentations I am amazed at how many populate say. "I can bring home the bacon with everyone that ----" or "I am looking for anyone who---". This scares me because they are not giving me information that I can use to narrow my search for them. There is an architect I mention in my speeches all the time. Chris Turley who stated to me that he works with PITA clients. That was GREAT to know because so many architects do not want to bring home the bacon with difficult clients. I met with a financial person that is willing to work with populate that don't undergo hundreds of thousands of dollars to invest. evince of mouth is great but you MUST be specific on what you are asking for so the connectors out in the relationship networking world can help you. Sharan TashThe Professional Networker

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http://referrals.ducttapemarketing.com/2007/09/people-want-ref.html

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Ivan R. Misner. Ph. D. BNI545 College Commerce WayUpland. CA 91786 800-825-8286 Dr. Ivan Misner is the Founder & head of BNI or Business communicate Int’l. BNI was founded in 1985. The organization now has over thousands of chapters throughout every populated continent of the world. Each year. BNI generates millions of referrals resulting in billions dollars worth of business for its members. Dr. Misner’s Ph. D is from the University of Southern California. He has written eight books including his New York Times bestseller; Masters of Networking and his #1 bestseller; Masters of Success. He is a monthly columnist for Entrepreneur com and is Chairman of the Board for the Referral Institute – a referral training company with trainers around the world. He has taught business and social capital courses at several universities and sits on the Board of Directors for the Colorado educate of Professional Psychology. Patrick CarneyReferral Institute-San Diego1611-A S. Melrose Dr. Ste 108Vista. CA 92081760-727-4529 Patrick Carney is a professional artist networker speaker and referral training consultant. He owns the Referral Institute - San Diego. In each of these roles his cerebrate is showing business professionals how to harness the power of referral marketing to drive healthy business growth. Patrick believes his success lies in his ability to merge the strategic with the tactical to understand the market and the competition and to build a strong management team. No one function can be accountable for performance. It is the interconnection of everything and the combined strength of the management team. People Want ReferralsPeople don't be to go to the telephone book to pick a lawyer. populate don't want to pick a real-estate agent from the Yellow Pages--or an accountant or a chiropractor or an insurance agent or a dentist or a mechanic. People be referrals! Historically the only problem has been linking the people who need services or products with the populate who give them. A structured word-of-mouth race begins by acknowledging that there's a segment of the public that wants you and your service as badly as you be their business. People from all walks of life be referrals--not just the business community but the command public as well. Few people want to choose a dentist for example from a printed advertisement. People want to undergo more personal information before making such selections because whenever you decide a professional exclusively from an advertisement and have no other source of information you may be taking a big risk as to the quality of service you ordain receive. With referrals the assay is greatly reduced. Someone else has done business with that person and is recommending that professional to you with confidence. Referrals Are Good Business Compare a bring about that you receive from an advertisement with a similar bring about (that is referral) that you get from someone you know. The referred lead is easier to close and costs less to obtain. Often the referral provides a higher-quality client or customer with less chance of misunderstanding or disappointment. When I ask audiences why referral business is better than the business they get from ads they say the referred business: Relying on the advice of a mutual friend or acquaintance the referral starts with a higher aim of believe for you and your product or service. Getting dozens of populate to send such referrals your way every day is what building successful word-of-mouth business is all about. Great comments. I would like to add something to this. When I do presentations I am amazed at how many populate say. "I can bring home the bacon with everyone that ----" or "I am looking for anyone who---". This scares me because they are not giving me information that I can use to change my search for them. There is an architect I have in mind in my speeches all the time. Chris Turley who stated to me that he works with PITA clients. That was GREAT to know because so many architects do not be to work with difficult clients. I met with a financial person that is willing to bring home the bacon with people that don't have hundreds of thousands of dollars to drop. evince of mouth is great but you MUST be specific on what you are asking for so the connectors out in the relationship networking world can help you. Sharan TashThe Professional Networker

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Related article:
http://referrals.ducttapemarketing.com/2007/09/people-want-ref.html

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