Archive for category ECCC

27 October 2014 – NEWS ABOUT THE COURTS

UN official says rape used as weapon of war in S. SudanU.N. Special Representative on Sexual Violence in Conflict, Zainab Hawa Bangura, stated that the Sudanese government Sudan Peoples’ Liberation Army (SPLA) uses rape as a weapon of war in its current conflict with opposition forces. Bangura stated that women are sent out for firewood and other tasks since men would be killed at SPLA checkpoints, while women are raped at these checkpoints. Bangura stated that sexual violence in conflict could constitute as a war crime or crime against humanity. Bangura has urged government and opposition officials to stop the use of sexual violence and notified both that these crimes will be prosecuted through national and international courts. (Voice of America)

ECCC defense team warned of misconduct and obstructing proceedings: The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has issued warnings to lawyers representing Nuon Chea and Khieu Samphan for misconduct in walking out of the courtroom during opening statements on 17 October and for failing to appear at a trial management meeting. The court accused the attorneys of obstructing proceedings for boycotting their clients’ genocide trial. Kong Sam Onn, Khieu Sampan’s Cambodian lawyer, stated they are acting on behalf of their clients’ wishes in order to draft an appeal brief on earlier convictions for crimes against humanity that carried life sentences in prison. Both defense teams have been ordered to be present in court for another trial management meeting set for Tuesday, but Sam Onn stated that they would not appear unless ordered by their client. Under Rule 38, judges have the ability to impose sanctions on lawyers or refer them to their bar associations for disciplinary action, a process that could ban lawyers from appearing before the ECCC. (Cambodia Daily)

Inter-American Crt of HR decision called “unacceptable” and “biased” by State: Last year, a Dominican court ruled that people born to illegal migrants did not automatically receive citizenship rendering many stateless. The Inter-American Court of Human Rights (IACHR) gave the government six months to invalidate the ruling stating that it discriminated against Dominicans born of Haitian descent. The Dominican Republic has rejected this ruling calling it “unacceptable” and “biased.” Amnesty International stated that this reaction demonstrates a disregard for international law and the country’s legal responsibilities. The court found abuses against human rights in the Dominican Republic’s Law 169/14, which created two categories of people: those who were registered in the Dominican civil registry and those with undeclared births that labeled them as foreigners. The IACHR found the requirement of having Dominicans register as foreigners as a violation of international human rights law. (Fox News, Amnesty International) (For additional information on this topic, please click here)

Argentinian court sentences 15 to life for crimes against humanity: Argentine Federal Court sentenced 15 individuals to life for crimes against humanity during the Argentine military dictatorship from 1976 to 1983. Four others were sentenced between 12 to 13 years in prison and one was absolved. Soldiers, policeman, and former politicians were among those accused for genocide of Argentinians and the kidnapping and murder of Laura Carlotto, daughter of Grandmothers of the Plaza de Mayo founder, Estela de Carlotto. These proceedings began in December of 2013 and finished last Friday with the guilty verdict. (teleSUR)

Rwandan opposition leader files complaint at African Court: Victoire Ingabire, a jailed Rwandan opposition figure, filed a complaint in demand of a retrial with the African Court on Human and Peoples’ Rights. Ingabire was convicted for “conspiracy in harming authorities through terrorism and war,” minimizing the Rwandan genocide, and spreading rumors to incite violence. She was sentenced to 15 years in prison last December. Ingabire wants the court to strike down Rwanda’s laws banning genocide revisionism and spreading rumors. The United Democratic Forces party stated that Ingabire should be freed upon retrial and paid damages for the detention. (Naharnet)

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23 October 2014 – NEWS ABOUT THE COURTS

ICTY allows Prosecution to present evidence of mass graves in Mladic trial: ICTY prosecutors will be allowed to present evidence concerning a mass grave discovered in the village of Tomasica in the case against former Bosnian Serb military commander Ratko Mladic. The mass grave, discovered in 2013, held more than 400 remains believed to be of Bosniak and Croat ethnicity. Investigators also believe the people were killed during the time Mladic led an attack against Sarajevo during the Bosnian war. Mladic is charged with, among other things, widespread killing, torture, forced labor and physical, sexual and psychological violence. (CNN).

Appeals proceedings for ICT of Bangladesh convict to start on 2 December: Appeals proceedings in the case against Jamaat-e-Islami leader Ghulam Azam are scheduled to begin 2 December 2014. The ICT of Bangladesh found Azam guilty last year of conspiracy, planning, incitement, complicty and murder for crimes committed during the anti-Liberation efforts in 1971. The leader was sentenced to 90 years imprisonment. (bdnews24.com).

War crimes trial against 10 Serb paramilitary starts in Croatian court: The Osijek County Court began proceedings on Tuesday, 21 October 2014, against ten former Serb paramilitaries. The ten accused are charged with war crimes for the killing of seventeen Croatian civilians and seven prisoners or war in Trpinja and Borovo Naselje in 1991. The prosecution expects to call more than 80 witness during the trial. The defense are arguing the accused were not present in Trpinja at the times of the alleged unlawful detention, maltreatment, torture, rape and murder. (dalje.com).

ECCC Defence skips Court management meeting on boycott: On Tuesday, 21 October 2014, the defence for both ECCC accused Nuon Chea and Khieu Samphan missed meetings aimed at trying to settle the boycotts of the second phase of Case 002. The accused intend to boycott the second phase of the proceedings claiming the trial judges are biased and the defense lawyers cannot simultaneously represent them in this phase as well as the appeals in the first phase. The former senior leaders of the Khmer Rouge were convicted in August 2014, in the first phase of Case 002 for crimes against humanity. (The Cambodia Daily).

Ukrainian parliament expected to ratify Rome Statute: Tanya Mazur, the director for Amnesty International’s office for Ukraine, expects the Ukrainian parliament to ratify the Rome Statute of the ICC. Once ratified, ICC prosecutors would be entitled to investigate war crimes and crimes against humanity in the country when national courts are unwilling or unable. The early parliamentary election is scheduled for 26 October 2014, in Ukraine. (RIA Novosti).

Prosecution witness recalled in Bemba case: The presiding judge in the ICC case against Jean-Pierre Bemba announced that the prosecution witness who was recalled earlier this month will testify in full closed hearings. The witness is expected to give evidence on issues of witness credibility over the course of three days. The judges, prosecution, victims’ lawyers and defense will all get an opportunity to question the witness. Bemba faces charges of rape, murder and pillaging for crimes committed in the Central African Republic between 2002 and 2003.

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20 October 2014 – NEWS ABOUT THE COURTS

Two ECCC accused seek to boycott trial until appeal in earlier conviction concluded: On 18 October 2014, defense attorneys of two former leaders of Cambodia’s Khmer Rouge regime, Nuon Chea and Khieu Samphan, stated that they would boycott their client’s genocide trial until appeals were filed on earlier convictions.  Defense lawyers for the two accused stated that the boycott was necessary as it would not be possible to finalise the full appeal in the first case while starting proceedings in the second, and would not disrupt the Court because there is a clear time frame; until the full appeals document has been filed in the accuseds’ other case. Both men already have life sentences for earlier crimes against humanity and war crimes. Court officials contemplate that the trial could extend into 2016. (The Wall Street Journal, The Straight Times) (For additional information on this topic, please click here).

Simone Gbagbo’s trial to begin in Ivory Coast on 22 October:  On 15 October 2014, it was announced that the trial date has been set for October 22 against 89 individuals, including Simone Gbagbo the wife of former President Laurence Gbagbo who is currently being tried before the ICC for charges of crimes against humanity related to the post-election violence in 2010 and 2011.  Mrs. Gbagbo is wanted by the ICC and has been is charged before the Court with crimes against humanity during the same conflict. The charges brought in the domestic trial concern economic crimes, but further charges have been made for ‘blood crimes’ including murder, rape and genocide.  The Ivory Coast is a State party to the Rome State, and the government has stated that they will try Simone in domestic court rather than turn her over to the ICC. (Reuters)

Amnesty calls for investigation of war crimes by both sides in Ukraine: On 20 October 2014, Amnesty International accused Ukrainian government forces and pro-Russian separatists of committing war crimes in a report presented in Berlin and London. Amnesty International stated that while the rumors of mass killings and mass graves are not supported by evidence, there have been isolated cases that could constitute as war crimes. Amnesty International urges both sides to investigate these allegations, and to prosecute any parties responsible on both sides. (DW)

ICC indictee Bashir visits Egypt: On 18 October 2014, Sudanese President Omar al-Bashir travelled to Egypt to visit Egyptian President Abdel-Fattah al-Sisi. The ICC indicted Bashir in 2009 for genocide, crimes against humanity, and war crimes on the civilian population in Darfur. The ICC issued two arrest warrants for these crimes in 2009 and 2010. The ICC officially requested Bashir’s arrest upon arrival to Egypt. Although Egypt is a signatory to the ICC statute, they never ratified the treaty. (Al Arabiya News, Daily News Egypt) (For additional information on this topic, please click here).

Post author:  Aryane Garansi

 

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1 October 2014 – NEWS ABOUT THE COURTS

ICTY Karadzic trail closing statements: The ICTY heard closing arguments in the case against former Bosnian Serb President Radovan Karadzic this week.  UN prosecutor Alan Tieger stated Karadzic was responsible, along with others, for cleansing Bosnia’s Muslims and Croats from Serb-claimed territories. Karadzic, conducting his own defense, took responsibility for crimes committed by the Republika Srpska but denied being aware of the killings. Karadzic faces charges of genocide, crimes against humanity and violations of the laws or customs of wars for crimes committed during the 1992-1995 Bosnian conflict. (For more information on this topic, please click here) (Saudi Gazette, BBC News Europe).

ICTR confirms criminal responsibility and life sentence of Nzabonimana: On 29 September 2014, the ICTR Appeals Chamber confirmed a life sentence against Callixte Nzabonimana for conspiracy to commit genocide, direct and public incitement to genocide and extermination as a crime against humanity. The Appeals Chamber ordered Nzabonimana remain in the Tribunal’s custody until it is decided where the former Rwandan youth minister is to serve his sentence. (Hirondelle News Agency).

Public testimony ends at Ivory Coast Truth Commission: Tuesday, 30 September 2014, ended public testimony of at least eighty victims and perpetrators who spoke on the serious violations of international law committed following the 2000 presidential election in the Ivory Coast. The Ivory Coast truth commission was formed to investigate the bloody political violence after opposition leader Laurent Gbagbo was elected in 2000. (AFP).

ECCC accused appeal conviction and sentence: Defense for former leaders of the Khmer Rouge, Nuon Chea and Khieu Samphank, have appealed their life sentences for crimes against humanity for their roles in forced evacuations. The two ECCC accused denied the charges and argued the conviction was a miscarriage of justice. The second phase of the trial for genocide, forced labor and political purges is expected to being 17 October 2014. (For more information on this topic, please click here) (The Guardian, Phnom Penh Post).

ICC Judges reject Kenyatta request to skip status conference: ICC judges have rejected Kenyan President Uhuru Kenyatta’s request to miss the Court’s status conference because of conflicts. The ICC considered the status conference a “critical juncture” in the proceedings and requires the accused to be present. Kenyatta’s defense requested the status conference be rescheduled. (For more information on this topic, please click here) (All Africa).

 

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24 September 2014 – NEWS ABOUT THE COURTS

ICC opens investigation into recent war crimes and CAH in CAR:  A report issued by the ICC on Wednesday, 24 September 2014, confirms that an investigation has been opened into crimes committed in the Central African Republic by the mainly-Muslim Seleka alliance and the mostly Christian anti-Balaka militia. The allegations include murder, rape and recruiting of child soldiers. Investigators for the ICC will now begin the process of gathering evidence to support charges against those suspected of committing war crimes and crimes against humanity since the conflict began in 2013. (Reuters).

African Commission undertakes fact finding mission into CAR violations: From 10 to 14 September 2014, a three member delegation of the African Commission on Human and Peoples’ Rights conducted a find finding mission in the Central African Republic. The mission consisted of, among other things, discussions with CAR officials, working sessions with UN representatives, meetings with NGOs, visits to refugee camps and gathering of testimony from victims and witness. The delegation intends to issue a detailed report with recommendations to the Assembly of Heads of State and Government of the African Union in January 2015. In the meantime, the delegation has expressed concern that serious violations of human rights have and are continuing to be committed in the CAR. (ReliefWeb).

Karadzic trial closing arguments to be held on 29 August:  The ICTY has scheduled closing arguments for 29 September 2014, in the case against Radovan Karadzic. The former Bosnian Serb president faces charges of genocide, crimes against humanity and violations of the laws or custom of wars for crimes committed during the 1992-1995 Bosnian conflict. (ICTY).

Sweden arrests two Rwandans for involvement in 1994 genocide: Two unidentified Rwandans suspected of involvement in the 1994 Rwandan genocide have been arrested in Sweden. The arrests come some two months after a Swedish appeals court confirmed a genocide conviction against Stanislas Mbanenande, a low level commander involved in five massacres in western Rwanda. (All Africa).

HRW says assassination spree in Libya possible CAH: The scores of political assassinations in Libya since 2012 may amount to crimes against humanity, said Human Rights Watch. These assassinations include the 19 September 2014, killing of five civilians, two activists, members of the security forces and a cleric in the eastern city of Benghazi. Human Rights Watch stated that the failure and unwillingness of the government of Libya to initiate investigations into the crimes and prosecute those responsible has “fostered a culture of impunity that has fueled further abuses.” (Human Rights Watch).

Israel and Palestine consider investigations and next steps for crimes on both sides: The Israeli military is investigating suspected war crimes committed by its operations during the recent conflict in the Gaza Strip. It is estimated more than 2,000 Palestinians were killed in Israel’s military campaign in July and August this year. Palestine’s Authority President Mahmoud Abbas said the country will soon decide whether to sign the Rome Statute of the ICC and be able to file a complaint against Israel in the Court for war crimes.  (For more information on this topic, please click here) (The Times of Israel, McClatchy DC).

ECCC announces 17 October as date for final phase of trial: The second phase of the trial of Nuon Chea and Khieu Samphan at the ECCC is scheduled to being on 17 October 2014. In this final phase, the two former senior leaders of the Khmer Rouge face allegations of genocide, forced labor and political purges. The two were convicted last month of crimes against humanity for their roles in forced evacuations. (Voice of America).

NGO report provides new evidence of HR violations by Sri Lanka: The British rights group, Freedom From Torture, released a report today, 24 September 2014, documenting acts of detention, torture and sexual violence in Sri Lanka. The acts, carried out by Sri Lanka’s security forces, have mostly been aimed at ethnic Tamils and have occurred since the country’s civil war ended in 2009.  Sri Lanka’s cabinet spokesman Keheliya Rambukwella claims the “report is totally biased” and Freedom From Torture “have anti-Sri Lanka elements and continue undue pressure on Sri Lanka by leveling baseless allegations.” (UCA News).

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8 September 2014 – NEWS ABOUT THE COURTS

UN Releases Report on Libya: The UN has issued a report indicating that there are serious violations of international human rights and humanitarian occurring in Tripoli and Benghazi. Civilians are being abducted and are subjected to unlawful killings. There is also a deepening political polarization taking place in Libya, leading to many to a decision to leave the country.   (UN News).

Sri Lanka NGOs respond to UN War Crimes Report: Several NGOs have criticized the UN for failing to understand the seriousness and nature of he problem in connection with civilian death during the end of the civil conflict in India. There are also allegations that the UN failed in its mandate to protect civilian populations by relocating. The UN has declined to comment on the report’s findings at this time. (Reuters).

Nuon Chea to appeal ECCC verdict: Cambodia defense attorneys for former Khmer Rouge leader Nuon Chea have decided to appeal on behalf of their client on the basis that he did not commit at least one of the crimes for which he was found guilty. The majority of evidence for the appeal is from documentary filmmaker Thet Sambath’s research into the killings. Apparently, there is evidence that Chea was not involved. At this point, sources say it is unlikely the case will be reheard. (VOA).

UN to send team to investigate rights violations in Iraq: The UNHCR said Monday that it will send an investigative team to Iraq to look deeper into the alleged crimes committed by the rebel group ISIS. The investigation is estimated to cost $1.2 million. The allegations of mass killings and other atrocities continue to mount against ISIS. The UN has said that this missions main purpose is to protect the people of Iraq. (For additional information on this topic, please click here) (IBT, Reuters).

Ble Goude confirmation hearing delayed: Charles Blé Goudé, national of Côte d’Ivoire, 42 years of age, allegedly bears individual criminal responsibility, as indirect co-perpetrator, for four counts of crimes against humanity, namely murder, rape and other forms of sexual violence, persecution, and other inhuman acts, allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011. The ICC has decided to postpone the commencement of charges at the Defence’s request to give them time to finish their preparation. (ICC).

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2014 August 11 – NEWS ABOUT THE COURTS

HRW issues report on South Sudan crimes: According to HRW, extraordinary acts of cruelty that amount to war crimes in South Sudan have been committed since fighting began in December of 2013.  Government and opposition forces have been called upon by HRW to end the cycle of violence against civilians immediately.  There are hopes that the UN Security Council will impose an arms embargo to limit the number of weapons coming into the war torn country.  (HRW).

Argentina submits ICJ application against U.S.:  The Argentinean government has asked the ICJ to take action against the US over an alleged breach of its sovereignty as it defaulted on its debt.  However, no action will occur “unless and until” the US accepts the court’s jurisdiction.  (The Guardian).

KRT tribunal convicts and sentences two to life appeals anticipated: Nuon Chea and Khieu Samphan have been sentenced to life in prison for committing crimes against humanity related to their role in the country’s 1970 terror.  The two men were high ranking officials in the Khmer Rouge government during the “killing Fields” era from 1975-1979.  (For additional information on this topic, please click here.) (Aljazeera, UN News).

UN Leaders concerned over recent violence in Iraq:  Irina Bokova, a senior UN official, has called for an immediate stop to what she has termed as an “emerging cultural cleansing.”  Civilians are currently under attack by ISIL and many remain stranded with limited access to humanitarian aid.  More than 200,000 people are believed to have made their way to Dahuk governorate in the Kurdistan region, looking for assistance.

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