Archive for category AU
Kenyan NGO seeks signatures on ICC criticism of government: The Kenyan Citizens Coalition, a non-governmental organization, stated that the Kenyan government is not to blame for the lagging case against President Uhuru Kenyatta. The NGO stated that the ICC has not properly investigated the case and should not allocate the blame onto the Kenyan government. The Kenyan Citizens Coalition announced plans to start collecting signatures from citizens, Kenyan Organizations, and International Partners to compel the ICC to stop apportioning the blame. The organization’s convener, Ngunjiri Wambugu, stated that these signatures will be compiled into a memorandum that will be sent to the United Nations Security Council, the Assembly of States Parties to the ICC, the European Union, and the African Union. ICC judges will soon rule whether the prosecutor Fatou Bensouda will be granted more time for investigations against Kenyatta and suspend the trial date or to throw the case out altogether. (Capital News)
ICTR celebrates 20 year anniversary: The UN-ICTR for Rwanda will celebrate its 20th year operating in Arusha. Prosecutor for the ICC, Fatou Bensouda, will join for celebrations and as panelist with other prosecutors to debate on the lessons of empowerment of national jurisdictions to prosecute international crimes. The ICTR was established in 1994 following the Rwandan genocide between the Hutus and the Tutsis. The ICTR to date has indicted 93 individuals total, 61 of which were sentenced. (Daily News)
141 human rights organizations support trial of Habré: 141 African human rights organizations from 32 different countries issued a letter on 2 November 2014 praising the efforts of Senegal and the African Union to prosecute crimes. Former Chadian president, Hisséne Habré, stands accused of thousands of political killings and torture from 1982 to 1990. Habré was indicted in July 2013 by the Extraordinary African Chambers and is now in pretrial detention. Habré’s trial would begin in early 2015 if judges rule that a trial is justified. The letter states that a fair and transparent trial for Habré, if the case went forward, would help hold those accountable for their crimes. The letter also calls for fair and transparent trials for officials from Habré’s administration whose trials are scheduled to begin November 13th. (Human Rights Watch)
Libyan court postpones trial of former Gaddafi officials: Libyan court has postponed the trial of ex-officials that served under former leader Muammar Gaddafi until 16 November 2014. This postponement is connected to the proceedings against Saif Al-Islam Gaddafi and Abdullah Al-Senussi before the ICC. The ICC has ordered Libya to hand over Saif Al-Islam Gaddafi to be tried before the ICC. With respect to Senussi, the ICC Appeals Chamber found in July 2014 that Senussi could be tried before local Libya courts. The trial of 23 defendants occurred in Tripoli’s al-Hadba prison while Saif Al-Gaddafi is being tried in Zintan. The defendants are charged with numerous crimes including charges of genocide and incitement to rape. (Bernama, African News) (for additional information please click here)
ICC issues an arrest warrant against Sudanese accused Banda: On 11 September 2014, the ICC issued an arrest warrant against Abdallah Banda Abakaer. Banda had previously been under a summons of the court until it decided that an arrest warrant was necessary to ensure the accused’s presence. Banda faces three charges of war crimes allegedly committed in September 2007 against AU Peacekeeping Mission in Sudan. (ICC).
Russell Tribunal condemns actions of Obama and Poroshenko in Ukraine: The informal Russell Tribunal trial, which met in Venice to hear evidence of war crimes committed by the West has condemned the actions of President Poroshenki and President Barack Obama. Allegations of military operations conducted by the West in the Donetsk region, which involved the destruction of schools and hospitals, were presented to the Tribunal. The Tribunal’s ruling wil be sent to the US Secretariat, the EU, and the ICC. (For additional information about this topic, please click here.) (Press, RT).
FIDH asks ICC to investigate crimes in Mexico: The ICC has been charged with the task of investigating a series of alleged violations of human rights committed between 2006 and 2012 in Baja California at the hands of Mexican soldiers. The court rejected a 2011 request by Mexican activists but at this point an investigation still remains a possibility. (Fox).
Croatian prosecutor and MICT sign memorandum on future prosecutions: Croatia’s Chief Prosecutor and prosecutor for the MICT, successor of the ICTY, have signed a memorandum of understanding aimed at more efficiently prosecuting persons charged with the alleged commission of violating international human rights law. The ICTY exit strategy will continue as necessary, allowing for MICT to effectively maintain its caseload in the most efficient manner. (Google News).
African leaders vote to give themselves immunity from war crimes charges: On Friday, 29 June 2014, African leaders voted to amend the Protocol on the Statute of the African Court of Justice and Human Rights to give themselves and other senior officials immunity from war crimes, crimes against humanity and genocide. The amendment, made at an AU summit in Equatorial Guinea, was objected to by forty-two African and international human rights groups who found the immunity violated international law, domestic law and the AU Constitution. Amnesty International considers the amendment “a backward step in the fight against impunity and a betrayal of victims of serious violations of human rights.” (Aljazeera America).
Afewerki reported in Sweden for crimes against humanity: Several high level officials in Eritrea have been reported to the Sweden police for crimes against humanity. Specifically, the report targets Eritrean President Isaias Afewerki and some of his ministers by name and lists a series of crimes including indefinite imprisonment without trial, torture, kidnapping, mandatory military service and severe restrictions of freedom of expression. It is estimated that over 3,000 people, about 6% of the entire population, have fled Eritrea because of the human rights abuses. (Asmarino).
Related: Sweden ratifies portion of Rome Statute as national law: On 1 July 2014, the founding statute of the ICC became part of the Swedish penal code. This means, Swedish judges will now have the authority to prosecute war crimes, crimes against humanity and genocide regardless of who or where the crime was committed. Christer Engelhardt, a current MP, said “We are very clear about this: you will be punished, and if you come here, you won’t feel safe [if you have committed such crimes] just because Sweden is an open and democratic country.” (Epoch Times).
Dissenting judge in Kenyatta, Ruto cases resigns for health reasons: German Judge Hans-Peter Kaul resigned from the ICC for health reasons, effective Tuesday, 1 July 2014. Judge Kaul was elected to the Court in February 2003 and served 11 years. Judge Kaul dissented three times in the case against Kenyan President Uhuru Kenyatta and Deputy President William Ruto finding the ICC lacked jurisdiction. (All Africa).
Serbian government prepared to provide guarantees to Hague for provisional release of Seselj: So long as the former Serbian leader Vojislav Seselj agrees in a legally binding manner to abide by all conditions specified, the Serbian government is prepared to provide guarantees for his provisional release. Seselj notified the ICTY in June that if provisionally released he would be participating in public meetings, giving interviews and appearing on television shows. The former leader said he would not report to the police or wear any electronic bracelet or other device that violated human dignity. (InSerbia).
AU elects four new judges to Court on Human and Peoples’ Rights: Representatives from AU member states elected four new judges to the African Court on Human and Peoples’ Rights. Tunisia’s Rafaa Ben Achour, Mozambique’s Angelo Vasco Matusse, Cote D’Ivoire’s Sylvain Ore and Uganda’s Solomy Baling Bossa will be sworn in at the Court to replace retiring judges or those judges whose terms have expired. The Court has been ratified by 27 countries. (Ministry of Foreign Affairs).
Ruto / Sang trial adjourns to July for final witness: On Tuesday, 24 June 2014, the ICC trial of Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang was adjourned due to the health of a prosecution witness. When the Court resumes in July, the prosecution may present additional witnesses depending on an Appeals Chamber decision. The prosecution sought the compelled testimony of eight witnesses who have refused to testify. (All Africa).
ICTY asks Netherlands and Serbia to comment on possible provisional release of Seselj: The Netherlands, as the host country of the ICTY, and the Serbian government have seven days to comment on guarantees for a possible provisional release of former Serbian leader Vojislav Seselj. Specifically, Serbia must guarantee the former leader will be escorted by authorities at all times, including to his place of provisional release, upon his return to the Netherlands and for any movements for medical reasons. The Serbian government must also ensure Seselj is placed under house arrest and does not contact or influence victims or witnesses. Lastly, Serbia must guarantee that the government can immediately arrest Seselj in the event he violates any of the conditions of provisional release. (InSerbia).
HRW calls for investigation into misreporting of human rights in Sudan by AU / UN: Human Rights Watch has urged the U.N. Security Council to conduct a thorough and independent investigation into alleged cover-ups and inaccurate reporting by African Union / U.N. peacekeepers in Darfur. The call by Human Rights Watch comes two months after a report was published alleging peacekeepers failed to accurately report on the bombing of populated areas and the attacking of villages by the Sudanese government. While noting the dangerous situation peacekeepers face and the pressure from the government, a representative from Human Rights Watch nonetheless finds the accusations “devastating.” (Human Rights Watch).
Kosovo Parliament approves special war crimes court to try crimes committed by Albanians: Kosovo lawmakers voted on Wednesday, 23 April 2014, to prosecute in a special war crimes court Albanian rebels accused of intentionally killing captured Serbs during the 1998-99 Kosovo war for the purpose of harvesting organs. The EU-backed court, to be seated in both Kosovo and the Netherlands, is expected to apply Kosovo law and be staffed by international judges and prosecutors. Some 10,000 people died and millions left homeless in the Kosovo war. (For more information on this topic, please click here) (Reuters, ABC News).
ICC confirms that Prosecution is still considering complaint calling for prosecution of crimes in Egypt: ICC Chief Prosecutor Fatou Bensouda is still considering the Freedom & Justice Party compliant filed last year documenting violations of international law committed in Egypt since the 2013 military coup. Specifically, the Freedom & Justice Party accused the post-coup regime of carrying out widespread and systematic crimes amounting to crimes against humanity. The ICC Chief Prosecutor has yet to make a final decision on whether to initiate a formal investigation of the crimes in Egypt, and thereafter seek charges, or whether to reject the complaint. (Middle East Monitor).
AU Panel to investigate crimes in South Sudan: The African Union Commission of Inquiry on South Sudan, a panel tasked with investigating human rights abuses committed in the country since conflict erupted in December 2013, is conducting a 10-day field mission. The panel is made up of international lawyers, human rights activists and a judge and will gather visual and audio evidence, conduct interviews from victims and witnesses and review reports prepared by international and national organizations and experts. Over one million have been displaced since fighting began in South Sudan and 200 alone were killed last week. (For more information on this topic, please click here) (BERNAMA, Sudan Vision).
US investigating Syrian Government’s responsibility in chemical attacks: The U.S., working with the U.N. and the Organization for the Prohibition of Chemical Weapons, is investigating whether the Syrian government is responsible for two alleged chemical attacks on rebel-controlled areas earlier this month which could amount to war crimes or crimes against humanity. The U.N. passed a Security Council resolution in September 2013 requiring the Syrian government to hand over for destruction the regime’s chemical weapons stockpiles. U.S. State Department spokeswoman Jen Psaki stated the investigation was in its preliminary stages and declined to comment on whether the April 2014 attacks would show a breach of the U.N. resolution by the Syrian government. (For more information on this topic, please click here) (The National, The Washington Post).
Reparation requests agreed upon before the ECCC: Thirteen projects, including national memorials, mental health centers and a national day of remembrance has been agreed on for civil party reparations at the ECCC. The agreement comes prior to the Extraordinary Chamber’s decision in the first phrase of the trial against senior leaders Nuon Chea and Khieu Samphan for serious violations of international law, including genocide. (Voice of America).
Kenya President Kenyatta seeks distance from petition of Barasa against the ICC: Kenyan President Unuru Kenyatta filed a motion with the ICC on Wednesday, 23 April 2014, seeking to remove his name from a petition brought by journalist Walter Barasa. Barasa is wanted in The Hague for witness interference and included the Kenyan President’s name in a petition to halt the Kenyan cases at the Court. Kenyatta voluntarily surrendered to the ICC and claimed Barasa’s petition is contrary to his consent. (Capital News).
Bangladesh backs universal ratification of the Rome Statute: On Wednesday, 23 April 2014, Bangladesh’s Foreign Minister Abul Hassan Mahmood Ali met with ICC President Sang-Hyun Song in The Hague to discuss Bangladesh’s efforts toward universal ratification of the Rome Statute. The Rome Statute established the ICC and has been ratified by 120 member states. Bangladesh ratified the treaty in 2010. (bdnews24.com).
France to introduce resolution seeking ICC investigation of war crimes in Syria: In the next few weeks, France intends to present to the U.N. Security Council a resolution referring Syria to the ICC for war crimes; said French Ambassador to the U.N. Gerard Araud. In the meantime, France presented to the Council a report commissioned on behalf of Qatar containing over 50,000 photographs of alleged human rights abuses committed in Syria. Araud said the report triggered “several minutes of silence” by Council members. (Global Post).
Russia may seek ICC trial for Ukrainian ultranationalists: United Russia deputy Michael Markelov urged Russia to refer Ukrainian nationalist organizations, such as the Right Sector and UNA-UNSO, to the ICC for crimes committed during conflict in Chechnya, South Ossetia and the Balkans. The United Russia deputy hopes the ICC will recognize the “groups as extremists and ensur[e] an international status of political outcasts for them.” The ICC, however, is not legally obligated to consider Russia’s request. Russia, while a signatory to the Rome Statute, has yet to ratify the treaty. (RT).
INTERPOL Secretary General vows to continue to seek justice for Rwanda genocide victims: Speaking at the 6th International Expert Meeting on Genocide, War Crimes and Crimes against Humanity in Kagali, INTERPOL Secretary General Ronald Noble said the international policy organization will continue to bring to justice those responsible for the 1994 Rwanda genocide. Noble asked all the INTERPOL member countries to fully cooperate and apprehend genocide suspects. Representatives from 41 member countries, as well as international organizations are attending the three-day meeting. (all Africa).
Darfur rebel’s ICC trial postponed until further notice due to “logistical difficulties”: The expected 5 May 2014, trial of Abdallah Banda at the ICC for war crimes has been postponed until further notice. Citing “logistic difficulties,” the Court stated it would “decide in due course on the further steps to take, after receiving additional submissions from the prosecution and registry.” Banda, who is not currently in custody as he voluntarily surrendered to the ICC, is accused of leading the September 2007 attack on an AU peacekeepers camp. (Naharnet).
Posted by carolinguentert in AU, CAR, Chad, Crimes against Humanity, Decision Review, Fair trial/Accused's rights, Gaddafi, Genocide, ICC, ICTR, ICTY, Investigations, Kenya, Libya, News about the Courts, Nigeria, Other domestic courts, Rwanda, Torture, Truth Commissions, Victims, War Crimes, Witnesses on April 15, 2014
ICTY rejects Mladic’s Rule 98bis application and find case to answer: On Tuesday, 15 April 2014, Trial Chamber I of the ICTY rejected Ratko Mladic’s 98 bis application for acquittal, a rule under the Tribunal’s Rules of Procedure and Evidence that allows the Tribunal to acquit a defendant after an oral hearing if there exists no evidence to support a conviction. Upon dismissing the application, the Chamber held that even if Mladic has a defense to all of the counts against him, there is evidence to support all of the charges against him. (ICTY).
Libyan trial of Ex-Gaddafi Officials postponed amid concerns of a fair trial: On Monday, 14 April 2014, the Libyan government opened and subsequently adjourned the trial against Muammar Gaddafi’s sons and his former officials, due to incomplete investigations; particularly the investigation of evidence against Saadi Gaddafi remains incomplete. The case will proceed on 27 April 2014, in order to allow the investigators more preparation time and to set up video links for the sons and officials who were not brought to the court for security reasons. Human Rights Watch and Amnesty International continue to express that the defendants’ right to a fair trial have been violated. The groups are concerned that not all of the defendants have had access to lawyers; that the defense teams have been restricted in their ability to assess evidence and case files; that interrogation strategies and detention conditions have been unfair; that Libya recently amended its Code of Criminal procedure to allow trials through video links, meaning the defendants, all of whom are being held in prisons and one of whom is being held in a secret location by a militia, will not physically appear at their trials; and that the Libyan justice system is generally unstable, in part because previous attacks against lawyers and judges in Libya have resulted in the suspension of courts throughout parts of Libya. The defense lawyers raised concerns about insufficient access to the case files in court. The ICC is still deliberating on the admissibility of the cases against Saif Gaddafi and Abdullah Al-Senussi, and a decision from the Appeals Chamber on whether the Libyan government is able to try them is still outstanding. (Reuters) (For more information on this topic, please click here, here, and here).
Ruto trial hears from satellite imagery expert and breaks for Easter: Lars Bromley, a UN specialist in satellite imagery, testified before the ICC in the case against Kenyan Deputy President William Ruto and Kenyan journalist Joshua Arap Sang, explaining that at least 506 buildings were deliberately burned down in the Rift Valley following the election, and that 190 more buildings were “possibly burnt.” He based his analysis on satellite images, the deliberate nature of the burnings being evident from burn patters. The defense disputed the expert’s testimony. The trial is currently on break for the Easter holiday, after which the prosecution will likely call a witness who was instrumental in the confirmation of charges against Ruto. (Institute for War & Peace Reporting) (For additional information on this topic, please click here).
Habre defense team says trial is politically motivated: The defense team of former Chadian dictator Hissene Habre claims that the reasons behind his prosecution in Senegal were political and instigated by a Chadian spy agency. Habre, who is charged with having committed war crimes, crimes against humanity, and torture while he was in charge of Chad between 1982 and 1990, will stand trial in Senegal in 2015, where he was in exile for twelve years before being arrested last July. (Legalbrief Today).
ICTR Prosecutor asks for increased efforts to prosecute all suspects of 1994 crimes in Rwanda: In a commemoration address, Hassan Jallow, the chief prosecutor of the ICTR, asked for an increased effort to find and prosecute perpetrators of the genocide against Tutsis in 1994 who have not been tried, and that countries in which suspects of these crimes are located to transfer these alleged perpetrators to Rwanda in order to stand trial. He specifically mentioned Félicien Kabuga, Protais Mpiranya, and Augustin Bizimana, all of whom are fugitives and suspected of having played significant roles in the genocide. (AllAfrica).
UN High Commissioner for HR expresses concerns for amnesties in Nepal: Following the Nepalese government’s drafting of a law that would create a Truth and Reconciliation Commission and a Commission on Disappeared Persons, the UN High Commissioner for Human Rights Navi Pillay warned that this legislation would allow these two panels to recommend amnesties for human rights abuses that occurred in Nepal. The government denies the existence of amnesty possibilities in the legislation, saying that amnesty would only occur with the victims’ consent. (Reuters).
Amnesty claims CAH and war crimes escalating in Nigeria: Amnesty International issued a report stating that violence has increased in northeastern Nigeria due to a higher number of attacks by Boko Haram and responses by Nigerian security forces, which has resulted in the death of at least 1,500 people since the beginning of the year. According the group, these events may be war crimes and crimes against humanity, and the group urged other countries, the African Union, and the UN to launch investigations into these acts. Amnesty International has documented attacks carried out by both Boko Haram and Nigerian security forces that occurred in January, February, and March 2014. (Amnesty International).