Archive for category ECCC

21 July 2014 – NEWS ABOUT THE COURTS

UN Report warns of possible CAH and war crimes in Iraq: According to the UN, the group ISIL and its affiliates may be responsible for carrying out CAH and imposing “untold hardship and suffering” on Iraqi civilians.  Witness interviews include detailed instances of systematic attacks by ISIL on civilians with no apparent regard for causalities.  The UN has expressed its concern that time is running out for the Iraqi Government to act against ISIL to ensure that its people have an opportunity to have their security and livelihoods restored.  (UN News).

Amnesty insists that talks should not lead to impunity in CAR: Amnesty has expressed growing concern that delegates to the CAR National Reconciliation should be careful that their discussions do not lead to impunity for war crimes.  According to Amnesty, there is credible evidence that crimes under international law have been committed by leaders in the CAR and that any perpetrators should be held accountable.  (Star Africa).

Libya discusses prosecuting militia groups at ICC with Prosecutor: Libya is considering inviting the ICC to prosecute those responsible for recent violence in Tripoli and elsewhere across Libya.  A decision to allow the ICC to prosecute certain cases that occurred in Libya is quite surprising when considering its refusal to allow the ICC to prosecute Saif Al-Islam and Senoussi.  (Libya Herald).

Cyprus files complaint against Turkey at ICC: The petitioners call on the ICC to investigate alleged crimes committed by Turkey on the territory of the Republic of Cyprus.  The complaint also cites instances of Turkish involvement in connection with the transferring Turkish civilians into the occupied territory. Cyprus has been a member of the Court since 2002 and has made it clear that the ICC has jurisdiction.  (Parikiaki).

ICTY Prosecution asks judges to reject Seselj request for damages over detention: Seselj has been detained by the ICTY since 24 February 2003.  According to the Hague Prosecution, Seselj’s detention is lawful.  Furthermore, prosecutor Marcussen states that Seselj has failed to comply with the conditions governing a provisional release.   (InSerbia).

Foreign donations support ECCC: The ECCC has received enough cash donations from foreign countries in order to bridge the budget shortfall, which has caused the court to pause in the past.  The ECCC will be financially healthy through the rest of 2014 but will soon require another infusion of funds.  (Bangkok Post).

 

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11 June 2014 – NEWS ABOUT THE COURTS

ICC to explore consideration of rape, sexual violence as war crimes: The ICC prosecutor’s office issued a new policy paper last week providing guidance to the Court on how to deal with crimes related to rape and sexual assault committed in conflict. Specifically, the policy paper lays out a legal foundation on how the prosecutor’s office will include the relevant war crimes charges in cases and hold those accountable. ICC Chief Fatou Bensouda said, in a statement concerning the new policy paper, the “message to perpetrators and would-be perpetrators must be clear: sexual violence and gender-based crimes in conflict will neither be tolerated nor ignored at the ICC.” (Think Progress).

IACHR to hear extradition appeal from alleged DEA agent murderers: The Inter-American Commission on Human Rights will be hearing arguments in an extradition appeal by seven Colombian citizens accused of the murder of a U.S. Drug Enforcement Agency agent last year. The seven Colombians were expected to be extradited to the United States to stand trial before the IACHR intervened in this appeal. The appeal claims the United States lacks jurisdiction as the accused are Colombian citizens and the crime was committed on Colombian territory. (Colombia Reports).

Dame Silvia Cartwright,New Zealand judge, named to Sri Lanka human rights probe: It is being reported that Dame Silvia Cartwright will be appointed to the U.N. panel charged with investigating human rights violations committed in Sri Lanka during its 26-year civil war. The panel is expected to begin a 10-month investigation in July 2014. Dame Cartwright was previously a judge at the ECCC. (Colombo Page).

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2 June 2014 – NEWS ABOUT THE COURTS

UN concerned over Syria impasse:  The situation in Syria will not be referred to the ICC due to a double veto by Russia and China.  The UN has expressed serious concern of the matter because of continued allegations of human rights violations emanating from the area.  (UN News).

ECCC will deliver verdict against Khieu Samphan August 7:  A verdict in the first subtrial of the ECCC’s flagship Case 002 will be read on August 7.  In addition, if convictions are entered during this time, decisions on sentencing and civil part reparation requests will be delivered.  (Phnom Penh Post).

Kosovo diplomat cleared of war crimes accusations:  Kosovo’s ambassador to Albania, Sylejman Selimi, has been cleared of an accusation of beating and torturing two ethnic Albanian women in the late 1990s.  Selimi still faces charges in separate war crimes case over a KLA detention camp.  (Reuters).

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7 May 2014 – NEWS ABOUT THE COURTS

Muslim Brotherhood to appeal ICC rejection of complaint against Egyptian authorities: Officials from the Muslim Brotherhood have criticized the ICC’s recent decision to reject a complaint against Egyptian authorities for the deaths and jailing of thousands of Mohamed Morsi supporters. Officials have dismissed the decision as “political [] not legal” and intend to “present new evidence to the court.” Since July 2013, when Mohamed Morsi was ousted from leadership, the Egyptian authorities have cracked down on political opponents, including the Muslim Brotherhood.  (Turkish Press).

Ruto, Sang appeal ICC decision compelling witness testimony: Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang intend to appeal the ICC’s decision last month compelling witnesses to testify. Defense for the co-accused argue, among other things, that the decision may be in violation of Kenyan law and against the court’s obligations to protect the well-being of witnesses.  ICC Chief Prosecutor Fatou Bensouda moved the court to compel the testimony after eight witnesses allegedly failed to cooperate with the Court. (The Star).

UN: Boko Haram sale of abducted girls may be crime against humanity: A spokesman for the U.N. High Commissioner of Human Rights, Rupert Colville, informed reporters the abduction of nearly 300 school girls in Nigeria by Boko Haram militants may amount to crimes against humanity. Colville stated the U.N. was “deeply concerned about the outrageous claims” made by Boko Haram this week to “sell the abducted schoolgirls . . . and ‘marry them off.’”  Colville urged the militants to safely return the schoolgirls. (Khaleej Times).

Khieu Samphan again hospitalized: 82 year old ECCC accused Khieu Samphan was hospitalized; said his national lawyer Kong Sam Onn on Tuesday, 6 April 2014. Samphan is currently appealing the second phase of his case, arguing his right to a speedy trial has been violated. Samphan faces crimes against humanity charges. (The Cambodia Daily).

Russia to file suit against Ukraine in ICC: It is being reported that Russian members of parliament intend to file a lawsuit in the ICC against Ukraine for violations of serious international law committed on its territory from 21 November 2013 to 22 February 2014. The members of parliament have been collecting documents on the killing of civilians in Ukraine, including the Odessa massacre which killed some 40 people and the mass protests in eastern Ukraine. (RAPSI).

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24 April 2014 – NEWS ABOUT THE COURTS

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).

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8 April 2014 – NEWS ABOUT THE COURTS

Sri Lanka will not cooperate with UN Inquiry into war crimes: On 7 April 2014, Gamini Lakshman Peiris, the Sri Lankan foreign minister, announced that Sri Lanka will not be cooperating with the UN probe into war crimes, decided through a resolution last month. Citing concerns about the legality and fairness of the probe, as well as conflicts of interest of the Sri Lankan government, the foreign minister explained that the government will not support the investigation into the alleged crimes, which the government has officially denied. (Al Jazeera).

African Commission asked to intervene in death sentence of 529 Egyptians: The Freedom of Justice Party (FJP), together with lawyers for the 529 Egyptians who received death sentences on 24 March 2014 for opposing the 2013 military coup in Egypt, has asked the African Commission on Human and Peoples’ Rights to intervene in the sentences. Specifically, the FJP has urged the Commission to suspend the sentences, because the defendants’ death penalties violate the right to life and the right to a fair trial under the African Charter. (Middle East Monitor).

ECCC sets out foundation for second segment of Case 002: The ECCC determined the scope of the second segment of Case 002, against Khmer Rouge leaders Nuon Chea and Khieu Samphan, who are facing—among others—charges of genocide, forced marriage, rape, and religious persecution. Though the 4 April 2014 severance order has not been made public, it adheres closely to requests made by the prosecutors; namely, that the charges to be addressed in this segment will serve as a representation, so that further segments will not need to be heard. The Chamber has decided not to include several crime sites the prosecution proposed, so as to maintain efficiency and manageability in the case. A trial date has not yet been announced. (The Phnom Penh Post).

Srebrenica survivors sue Dutch Government over peacekeepers failure to protect: The Mothers of Srebrenica, a group representing relatives of victims who were killed in the 1995 Srebrenica massacre, have filed a civil suit against the Dutch government, for failing to protect civilians during the attack by Bosnian Serb forces. Dutch peacekeepers in the area had been unable to stop the forces, and withdrew. The group tried to bring a suit in 2007 against the UN, but Dutch courts refused to hear it on the basis that the UN has immunity, a decision with which the ECtHR agreed in 2013. The current was put on hold until the case against the UN had been decided, and hearings began on Monday, 7 April 2014. (Sky News).

ICC hears testimony of 15th Prosecution witness in Ruto case: On Saturday, 5 April 2014, the 15th witness for the prosecution in the case against Kenyan Deputy President William Ruto testified before the ICC that a chief of the Kimumu area had made many trips to Eldoret town in a pick-up truck before the houses of the Kikuyu were burned. The truck carried black drums, ordinarily used for transporting water and oil, and was used by the chief for several such trips before the raid. The witness, who said that demonstrations had been peaceful before these events, was brought to Eldoret town when the houses were razed. (The Star).

South Korea will not host UN field office to investigate CAH in North Korea: On Monday, 7 April 2014, a diplomatic source of Seoul announced that the city will not be hosting a field office in order to support the UN probe into crimes against humanity allegedly committed by the North Korean government against its citizens. Though the source emphasized the importance of this investigation, South Korea fears worsening its relationship with North Korea, which could impact humanitarian efforts such as family reunifications. (The Chosunilbo).

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3 April 2014 – NEWS ABOUT THE COURTS

Prime Minister Shinzo: Japan will abide by ICJ ban on Antarctic whale hunt: Japanese Prime Minister Shinzo Abe expressed disappointment in the ICJ’s 31 March 2014, decision banning the country’s whaling program in the Antarctic for not being solely for scientific purposes. The Prime Minister, nevertheless, said Japan would comply with the Court’s decision and immediately halt the program. (Australia Network News).

New lawyer, John Jones, appointed to represent suspect before Khmer Rouge Tribunal: The ECCC appointed John Jones to represent one of the suspects in Case 004. Jones is a British lawyer with experience defending accused at the various international criminal courts. No suspects have been officially charged in the “government-opposed Case 004″, however, the confidential identities of the defendants “were long ago revealed to be Ta An, Ta Tith and Im Chem.” (Phnom Penh Post).

Recently released confidential health assessment shows Chea and Samphan’s improved health: The confidential physical and psychiatric assessment of ECCC co-defendants Nuon Chea and Khieu Samphan was reportedly obtained this week by the Phnom Penh Post. The assessment, conducted last month by a team of health professionals at the ECCC detention center, concluded that both Chea and Samphan had improved health and were fit to stand trial. The ECCC requested the assessment in order to determine the ability of the co-defendants to follow proceedings in the second phase of Case 002. (Phnom Penh Post).

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2 April 2014 – NEWS ABOUT THE COURTS

ICC: Kenyatta trial postponed until 7 October: The ICC trial of President Uhuru Kenyatta has been postponed providing the Kenyan government additional time to disclose documents sought by the prosecution. The request by the President to terminate proceedings and the request by the prosecution to postpone the trial indefinitely were both denied by the Court. The postponement is the second for Kenyatta’s trial which is expected to resume 7 October 2014. (Voice of America).

ICC witness: Dogs and pigs fed on bodies of fallen during post-election violence in Kenya: On Monday, 31 March 2014, a prosecution witness in the ICC case against Deputy President William Ruto and radio journalist Joshua arap Sang testified to events after the 2007 presidential election in Kenya. The witness said tired police officers failed to collect bodies killed during the violence that were then fed on by dogs and pigs. The witness also testified that members of the Kalenjin ethnic group identified, attacked and torched the homes of Kikuyus. (All Africa).

ICJ orders temporary stay on Japan’s Antarctic whaling program: The ICJ ruled on Monday, 31 March 2014, that Japan’s “killing, taking and treating of whales” in the Antarctic was not “for the purposes of scientific research”. The Court found that Japan’s program, which was designed to study the effects of commercial whaling on the species existence, hunted too large a number of whales and failed to consider non-lethal methods. The Court ordered a temporary stay until the country could redesign it’s whaling program to be more scientific rather than commercial. (The China Post).

Rights group warn of Sri Lanka backlash in wake of UNHRC resolution: The recently passed U.N. Human Rights Council resolution calling for an independent investigation into alleged abuses committed in Sri Lanka is likely to incite backlash against human rights activists; said groups such as Amnesty International and Sri Lanka Campaign for Peace and Justice. The rights groups fear Sri Lanka will respond to the U.N. resolution with intimidation and suppression towards those who disagree or challenge the government, citing as an example the arrests of two human rights activists last month in the country. Sri Lanka’s President Mahinda Rajapaksa has publicly rejected the U.N. resolution and said it will deter national reconciliation. (CNN World).

Norway pledges $1 million to Khmer Rouge tribunal: The international side of the ECCC received a $1 million pledge from Norway on Tuesday, 1 April 2014. The Court welcomed the pledge and hopes it encourages other donations, particularly to the Cambodian side which is facing extreme shortages of funds for national salaries. The ECCC budget approved last month estimates the cash-strapped Court needs over $60 million to continue operations. (Voice of America).

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24 March 2014 – NEWS ABOUT THE COURTS

Ivory Coast transfers ICC suspect to The Hague:  The former youth leader of the “Young Patriots” and right-hand man of Ivorian ex-president Laurent Gbagbo, Charles Ble Goude, has been transferred from Abidjan to the holding cells of the ICC. Ble Goude faces four counts of crimes against humanity which are alleged to have taken place during post-electoral violence in 2010-2011. (For additional information on this topic, please click here, here.) (Aljazeera, Reuters, Google News).

Mladic Defense requests that two genocide charges be dropped:  The Mladic Defence and Prosecution teams have completed their Rule 98bis submissions. The Defence asked that two genocide counts be dismissed, as well as a variety of additional liabilities. Both teams now await an oral judgment on the Defence motion for acquittal. (ICTY).

ECCC denies Khieu Samphan trial delay request:  The request for a trial delay by Samphan was denied by the Tribunal. Samphan had wished that the trial be delayed until a verdict was reached in the first trial but in the effort of preserving the rights of the defendant, the Tribunal has denied the request. (VOA).

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26 February 2014 – NEWS ABOUT THE COURTS

UN human rights chief calls for inquiry into Sri Lanka war crimes: UN human rights chief Navi Pillay has called for an “independent, international inquiry mechanism, which would contribute to establishing the truth where domestic inquiry mechanisms have failed” in Sri Lanka.  Pillay’s report precedes a U.N. Human Rights Council debate scheduled for next month that may take up and order action in Sri Lanka.  As of now, the U.S. is planning to propose a resolution against Sri Lanka during the debate.  Pillay’s report – which will likely add pressure to the Sri Lankan government – states that thousands of civilians were killed, injured, or remain missing after the conflict between the government and the Liberation Tigers of Tamil Eelam (LTTE).  “None of these cases has…resulted in the perpetrators being brought to justice,” said Pillay.

ICC has not yet received request to investigate Yanukovich: Earlier this week, Ukraine’s government voted for the country’s President, Viktor Yanukovich, to be sent to the ICC with two members of his government to be tried for “serious crimes” relating to the deaths of more than 100 people.  An ICC spokesman has stated that the ICC has not yet received Ukraine’s request, and noted that it would be up to the ICC prosecutor whether to pursue the investigation after the request is received.

Khmer Rouge tribunal orders physical/psychiatric assessment of Khieu Samphan and Nuon Chea : In a 17 February filing released earlier this week, the trial chamber of the Khmer Rouge tribunal has ordered that Khieu Samphan and Nuon Chea undergo physicals and psychiatric assessments to determine if they are fit to proceed with the trial’s second (and quite possibly final) segment. Doctors have been appointed for the octogenarian defendants and have been tasked with reporting to the court on their physical and cognitive ability.  The examinations are to take place in late March, shortly before a tentatively scheduled hearing on 28 March that will provide the parties to question the medical experts about their conclusions.  Though neither defendant has claimed to be unfit to stand trial, both have requested briefer and less frequent courtroom hearings to accommodate their diminished ability to remain engaged in lengthy proceedings.

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