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Legal news from Monday, May 25, 2009 |
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Former Bosnian Serb leader Karadzic renews ICTY immunity claim
Adrienne Lester on May 25, 2009 12:50 PM ET

[JURIST] Former Bosnian Serb leader and war crimes suspect Radovan Karadzic [ICTY materials; JURIST news archive] on Monday filed a motion [text, PDF] renewing his claim that that International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] should drop charges against him because of a deal he made with former US ambassador to the UN Richard Holbrooke [PBS profile]. Karadzic has claimed that Holbrooke promised him immunity [JURIST report] from prosecution if he voluntarily left power in 1996. Karadzic alleged there were two first hand witnesses to the agreement, former Bosnian Serb assembly speaker Momcilo Krajisnik [ICTY backgrounder; JURIST report] and foreign minister Aleksa Buha, and asked the court to hold an evidentiary hearing on the matter. He also argued that even if Holbrooke lacked actual authority to make the deal, that Karadzic reasonably relied on his apparent authority to do so, and that it should be honored.
In April 2009, the appeals chamber of the ICTY upheld a December 2008 ruling that there was no valid immunity deal [JURIST report] between Karadzic and Holbrooke, and that even if such an agreement had existed, it would not be valid under international law. Holbrooke has denied Karadzic's allegations and prosecutors say they have found no documents that verify any such deal existed. Karadzic has twice refused to enter pleas [JURIST report] to 11 charges against him, including genocide, murder, persecution, deportation, and "other inhumane acts," for war crimes allegedly committed during the 1992-1995 Bosnian war, including the 1995 Srebrenica massacre [BBC backgrounder; JURIST news archive]. Karadzic was originally indicted [indictment text] by the ICTY in 1995, but had been in hiding under an assumed identity until his arrest last year [JURIST report].


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UN SG condemns North Korea nuclear test, Security Council to hold emergency meeting
Adrienne Lester on May 25, 2009 10:50 AM ET

[JURIST] UN Secretary General Ban Ki-Moon [official profile] and other world leaders on Monday condemned [statement text] a North Korea [JURIST news archive] nuclear weapon test held earlier in the day. The test violates a 2006 UN Security Council [official website] ban on nuclear or missile tests [Resolution 1718 text; JURIST report] by the country, and the body announced [UN News Centre report] Monday that it would immediately hold a meeting to discuss the test. In statement by Ki-moon's spokesperson, he said he was "deeply concerned" by the tests and urged North Korea to restart talks to end its nuclear program: The Secretary-General strongly deplores the conduct of an underground nuclear test by the Democratic People[']s Republic of Korea (DPRK), in clear and grave violation of the relevant Security Council resolutions.
The Secretary-General is deeply concerned that this act will negatively affect regional peace and stability as well as the global nuclear non-proliferation regime.
The Secretary-General reiterates his conviction that differences should be resolved in a peaceful manner through dialogue. He urges the DPRK to refrain from taking further actions that would increase tensions in the region. He also insists that the DPRK comply with its obligations in full and restart dialogue with the parties concerned without delay, including the early resumption of the Six-Party Talks.
In April 2009, North Korea ordered UN nuclear inspectors out [press release] of the country. In October 2008, International Atomic Energy Agency (IAEA) [official website] head Mohamed ElBaradei [BBC profile] said he wants North Korea to return [JURIST report] to the Nuclear Non-Proliferation Treaty [text, PDF; IAEA backgrounder] after a five-year absence. In 2007, North Korea agreed that it would end its nuclear weapons program [JURIST report] in exchange for aid as part of a multi-stage initiative by the Six Party Talks [CFR backgrounder].


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