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Ratko Mladic War Crimes Trial Suspended Indefinitely PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Thursday, 17 May 2012 23:54

Mladic trial delayed after "millions of pages" not disclosed to Mladic legal team.

The deadline for disclosure was last November and despite complaints from the defense in February.

UN prosecutors for the ICTY had failed to hand over the documents by the deadline last week. Incredibly, prosecutors had over 16 years while the 70 year-old, the one-time military commander accused of orchestrating the Srebrencia massacre of 8,000 men and boys, was on the run to prepare for the case.

The presiding judge Alphons Orie said he was indefinitely delaying the presentation of evidence that had been scheduled to start later this month due to "significant disclosure errors" by prosecutors in the discovery procedure presenting evidence to defense lawyers.

The case files relate to the first 24 witnesses that the prosecution had hoped to call between 29 May and July, when the court goes into recess, reported The Telegraph.

The UN Court estimates that “millions of pages” contained in “tens of thousands of documents” were not disclosed to the defense as they should have been under the UN court’s rules.

Photo credit: Associated Press

Earlier in the morning Mladic showed some of the arrogance of his brutal old days by applauding a film showing him threatening a Dutch UN peacekeeper in the hours leading up to the Srebrenica massacre of 8,000 Muslim men and boys in 1995.

Ratko Mladic led ethnic cleansing, war crimes trial told

Last Updated on Tuesday, 22 May 2012 19:55
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The Principle of Supremacy of European Community law and its practical effectiveness amongst Member States PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Tuesday, 27 September 2011 22:26

 This Essay will consider the reasoning used by the European Court of Justice to justify the Supremacy of Community law and consequently the reaction of national courts to this assertion of supremacy.

The European Court of Justice (ECJ), as the guardian of legality and instrument of cohesion within the Community, has, from the start been in a strong position to define the status of Community law and to give it precedence when in conflict with the national legal systems of the various Member States.

The first case where the Court made a statement on the nature of European law is the famous case of Van Gend en Loos v. Netherlands (1963)[1] dealing with the principle of direct effect of EC Treaty provisions and the degree to which individuals can rely on such terms to challenge measures of national law. In that case the ECJ stated that:

 

“The objective of the EEC Treaty, which is to establish a Common Market, the functioning of which is of direct concern to interested parties in the Community, implies that this Treaty is more than an agreement which merely creates mutual obligations between the contracting states…

 

The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals”.

Last Updated on Tuesday, 27 September 2011 22:39
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Does the EU Suffer From A Democratic Deficit? PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Tuesday, 27 September 2011 00:31

This paper will consider the evolution of the legislative process in the EU and to what extend the EU suffers from a democratic deficit. The author also elaborates on the possible suggestions for improvements.

 Democratic institutions and the representatives of the people in the EU, at both national and European level have the duty to connect Europe with its citizens. This is the starting condition for more effective and relevant policies. Democratic governance, better involvement, accountability and transparency were proclaimed to be strategic objectives of the Union.[i]

“…Within the existing Treaties of the Union must start adapting its institutions and establishing more coherence in its policies so that it is easier to see what it does and what it stands for. A more coherent Union will be stronger at home and a better leader in the world. It will be well placed to tackle the challenge of enlargement…”[ii]

Last Updated on Tuesday, 27 September 2011 00:42
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Rights of Alien Detainees held outside the U.S. PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Thursday, 01 September 2011 17:32

The research paper will discuss the legal rights of alien detainees from Afghanistan and Iraq, captured and/or controlled by the U.S. Government, in unconventional warfare situations and held outside the U.S.

A critical review of the US Government reaction to the detained suspects and their right to a writ of habeas corpus will be argued in the context of the executive endorsement of different statutes and acts of the President of the United States and the judiciary review of these acts, and subsequent Supreme Court case law on the issue.

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Quaddafi's son arrested With ICC Warrant PDF Print E-mail
Written by Viara Zaprianova   
Monday, 22 August 2011 22:18

The Rebel Council Members leadership in Libya announced that insurgents had captured, Colonel Quaddafi's son. Seif al-Islam el-Quaddafi was giving a phone interview

to Al Jazeera television, confirming that he was under house arrest, when gunfire broke out and the line cut off.

"The revolutionaries stormed the television building...after killing the soldiers surrounding it. It is now under their control," the spokesman said. He was speaking after

television screens airing the Jamahiriyah station went blank.

A column of hundreds of rebel fighters and pickup trucks carrying rocket launchers moved through the Libyan capital towards the central Green Square on Monday, a

Reuters reporter in the city said.

Last Updated on Wednesday, 31 August 2011 06:17
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