War Crimes

Leave Granted to Amicus Team Including BSQ Partner in Radovan Karadzic War Crimes Case

Leave has been granted to a team of academics and practitioners including BSQ partner Roger Sahota who have filed a legal motion challenging the application of JCE (Joint Criminal Enterprise) theory at the International Criminal Tribunal for the Former Yugoslavia and the other ad hoc tribunals.

The Rules of Procedure and Evidence of the Court allow amicus curiae observations where they are deemed desirable for the proper determination of the case. Both the Karadzic defence team and the Office of the Prosecutor have been ordered to file submissions in response within 30 days.

The filing raises questions arising from the judgement of the UK Supreme Court and Judicial Committee of the Privy Council (“UKSC”) in R v Jogee;1 Ruddock v The Queen2 (“Jogee”) concerning the mens rea (subjective element) of the third category of common purpose liability (“JCE-III”) as it exists at customary international law (“CIL”).

The filing is available here.

Roger Sahota appears at ICTY War Crimes Appeal

BSQ partner Roger Sahota is due to appear at the International Criminal Tribunal for the Former Yugoslavia (ICTY) next week to deliver closing submissions in the appeal against sentence and conviction of Berislav Pusic.  Roger is the only Solicitor to have appeared in a contested trial at the ICTY. Roger also features on the list of counsel eligible to practice at the ICC. 

Mr Pusic is one of six Accused standing trial in the case of Prlic et al, one of the longest running cases at the ICT. The original trial began in 2006 and finished in 2011.

Roger has been instructed throughout as counsel for Mr Pusic.