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2 J. Int'l Crim. Just. 879 (2004)
Current Developments at the Ad Hoc International Criminal Tribunals

handle is hein.journals/jicj2 and id is 893 raw text is: HIGHLIGHTS OF NATIONAL AND INTERNATIONAL COURTS Current Developments at the ad hoc International Criminal Tribunals* Daryl A. Mundis** and Fergal Gaynor*** 1. Substantive Developments A. War Crimes (Including Grave Breaches) Georges Rutaganda was acquitted by International Criminal Tribunal for Rwanda (ICTR) Trial Chamber I,1 on 6 December 1999, of three counts alleging violations of common Article 3 to the Geneva Conventions and Additional Protocol II, pursuant to Article 4 ICTRSt.2 In defining the elements for this offence, the Trial Chamber held that there must be a nexus between the offence and the armed conflict in order to satisfy the material elements of common Article 3.3 The Trial Chamber defined this nexus as meaning that 'the offence must be closely related to the hostilities or committed in conjunction with the armed conflict'.4 The Judges found that the prosecution had failed to establish such a nexus, and, consequently, the accused was found not guilty on these three counts. The prosecution appealed this holding and the This article digests the more important developments at the ad hoc International Criminal Tribunals from I January until 31 March 2004, with the exception of one Judgement that was rendered in May 2003, but which was not previously digested due to delays with the English translation and an amendment to the ICTY RPE that took effect in mid-April 2004. Note: The Chambers at the ad hoc International Criminal Tribunals are split with respect to the spelling of the word Judgement/Judgment. The journal maintains the spelling of that word as used by the Chamber rendering the decision in question. The views expressed herein are those of the authors alone, and do not necessarily reflect the views of the International Tribunal or the UN in general. ** Of the Editorial Committee and Trial Attorney, Office of the Prosecutor (OTP), ICTY. The author, who may be contacted at thehague@wanadoo.nl, is currently assigned to the prosecution trial team in the Hadfihasanovi & Kubura case. Legal Officer, OTP, ICTY. assigned to the prosecution teams in the Krajiinik, Ljubitic, Eesi6 and Deronjic cases. 1 Judges Laity Kama, Presiding, Lennart Aspegren and Navanethem Pillay. 2 Judgement and Sentence, Rutaganda (ICTR-96-3-T), Trial Chamber 6 December 1999. 3 Ibid., at § 104. 4 Ibid. Journal of International Criminal Justice 2 (2004), 879-909 Tournal of International Criminal lustice 2, 3 Q Oxford University Press, 2004. All rights reserved

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