Archive for category ICC
Court/Tribunal: International Criminal Court
Decision Title: Decision on the “demande de mise en libertè provisoire de Maitre Aimé Kilolo Musamba [Request for provisional release of Aime Kilolo Musamba]”
Chamber: Pre-Trial Chamber II
Case Name: Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido
Date: 14 March 2014
- The Single Judge presiding over the defendant’s request for provisional pre-trial release denied the request, citing the existence of continuing risks necessitating the defendant’s continued detention.
Principles found in decision:
- Pre-trial detention is an exceptional remedy that must be deemed both necessary and proportional; however, where a trial court makes these determinations, the presumption of innocence that attaches to a defendant will not prevent pre-trial detention
- In determining whether detention is still necessary, the court will look to whether the conditions that necessitated the defendant’s detention at the time of arrest continue to exist. The court will look at whether there are any “changed circumstances” at the time of an application for release that would militate against the defendant’s continued detention
- In determining whether detention is necessary, the court, under article 58(b)(1), will look to whether the defendant poses a flight risk, whether there is a risk of obstruction of the trial proceedings, or whether there is a risk of future crimes. The court makes this determination in the alternative, meaning that only one condition must be present for the necessity of detention to be established
- A consideration of the defendant’s personal or professional character or qualities does not factor into the court’s determination on the necessity of continued detention
- A consideration of any prejudice to the defendant’s professional or personal life created by continued detention does not factor into the court’s determination on the necessity of continued detention
Decision Background: This decision stems out of the charges against Musamba, alleging that he engaged in various forms of witnesses tampering in the main case against Jean-Pierre Bemba Gombo. The court issued a warrant for the arrest of the above-named defendants on 20 November 2013. On 16 December 2013, defense counsel for Musamba submitted a request to the court to hold a hearing on the question of provisional pre-trial release for the defendant. Per a decision granting extended time, the court granted the Prosecutor, the Kingdom of Belgium and the Kingdom of Netherlands until 13 January 2014 to submit any observations on the defense request for provisional release. The Prosecutor objected to any provisional release of the defendant.
Decision Review: The issues of provisional release was decided by a Single Judge in the Chamber. Upon application by a defendant for provisional release, the Single Judge whether the personal “shall continue to be detained,” or “shall be released, with or without conditions,” (quotations omitted). Pre-trial detention is an exceptional measure, and must be proven to be both necessary and proportional. The presumption of innocence that attaches to the defendant, however, does not preclude pre-trial detention if deemed necessary by the court. Detention will apply when the statutory requirements for pre-trial detention continue to be met at the time of application for release.
In order to make such determination, the Single Judge makes a new inquiry into whether facts exist at the time of application sufficient to warrant the defendant’s continued detention. The Single Judge may rely on upon the same information that first justified retaining the defendant, and may undertake the inquiry based upon the factors that underlay the initial decision to retain the defendant. These factors are: whether there are reasonable grounds to believe that the person committed the crimes alleged by the Prosecutor, and whether the arrest and detention of the defendant appears necessary for one or more of the reasons articulated in article 58(1)(b) of the Statute.
On the first prong of the assessment, the Single Judge determined that numerous documents of evidence obtained by the Prosecutor – including reports and transcripts of conversations between the defendant and the witnesses with whom he is alleged to have tampered – established reasonable grounds to believe that the defendant had committed the charged offenses. The burden of proof at the pre-trial to establish a “reasonable belief” that the defendant committed the charged crimes is lower than the beyond-a-reasonable-doubt standard that adheres in finding a defendant guilty.
As to the second prong, the defense had argued that changed facts and circumstances made his continued pre-trial detention no longer necessary. Under the Statute, the court may find that changed circumstances (circumstances different from those found at the time of arrest to necessitate the defendant’s continued detention) requires the defendant’s pre-trial release. A “changed circumstance” sufficient to allow the defendant’s pre-trial release is either a change in some or all of the facts underlying a previous decision on detention, or a new fact satisfying a Chamber that a modification of its prior ruling is necessary. To determine whether there is a changed circumstances, the Single Judge will look at whether the factors laid on in article 58(1)(b) still exist at the time of the application for provisional release. Those factors are: appearance at trial/flight risk, defendant’s obstructing or endangering the investigation of the Court proceedings, and risks related to future crimes. These factors operate in the alternative, meaning that the fulfillment of one requirement is sufficient to warrant continued detention. Further, the question is the possibility of the occurrence of the risk, not that the risk posed by defendant’s release will actually occur. The possibility of future risk is proven by specific and concrete elements.
The defendant cited frozen assets, the surrender of his passport to Detention Center officials (the defendant is a Belgian national), and his willingness to check in with Belgian officials on a weekly basis throughout his release, as counting against finding him a flight risk such that continued detention would be necessary. Second, the defendant argued that the fact that he is no longer serving as counsel on the main Gombo case militates against finding him to be a continued risk to the administration of the main case.
The defendant had provisioned to the Court written statements from friends and family regarding his character; the Single Judge, however, determined that this information is not relevant to the decision, as personal or professional quality does not factor in to the determination of the necessity of continued pre-trial detention. Further, the Single Judge found that the fact that the defendant has not in the past been found guilty of any other crime does not affect the risks associated with the current conduct for which the defendant was arrested. Likewise, the Single Judge found that the potential for prejudice to the defendant’s personal or professional life, posed by his continued detention, is not a factor that is considered in making the detention determination.
The Single Judge found that despite the efforts taken by the defendant to prove his lack of flight risk, the extensive network he maintains with the associates of Gombo – and the resources available to them – still presented a substantial flight risk were they to release the defendant. Further, the Single Judge noted that releasing the defendant to Belgium, as requested, would pose a flight risk due to the relative ease of travel without need for travel or identifying documents between borders in the area. The Single Judge also found that the fact that the defendant is no longer serving as an attorney on the Gombo case, does not establish that the defendant does not maintain sufficient contacts with the network that could provide a manner of flight. Particularly concerning the Single Judge was the possibility of indirect or direct financial support coming from the network that could facilitate flight.
Additionally, the Single Judge noted the nature of the crime – attempts to tamper with witnesses in the main case, by a barred attorney on the case – as a significant factor in his findings. The Single Judge noted that these crimes pose a great risk to the main case, where the outcome of the case is still pending. The Single Judge noted the possibility of the impact of the defendant’s actions, which had yet to be determined, and the serious problems they pose to the fair and effective administration of justice. He also noted the defendant’s actions’ potential to undermine general public trust in the administration of justice as a major consideration.
Further, the Single Judge noted that evidence from the main case revealed several instances where the defendant directly tried to influence the proceedings through contact with witnesses. The Single Judge found that these instances were seriousness enough to warrant the defendant’s detention in order to prevent further witness tampering. The Single Judge found, based on the defendant’s prior conduct, that a risk remained that the defendant would continue to try to interfere with either the main case, or the proceedings in his own case. Therefore, the Single Judge found that, pursuant to the requirement in article 58(1)(b), a risk of interference by the defendant remains so long as trial proceedings continue.
Finally, and related to the Single Judge’s finding regarding the risk of obstruction, the Single Judge found that the defendant’s past conduct created a substantial risk for the commission of future crimes – namely, continued obstruction and interference with trial proceedings.
The Single Judge found that alternative release – supervised release under the conditions which the defendant offered to be bound – would not mitigate against these risks. The Single Judge found that the majority of the defendant’s alleged conduct occurred through communications with witnesses in the outside world, such that keeping the defendant in a controlled, detention environment is the only way to ensure that these risks are effectively managed.
Based on the foregoing, the Single Judge denied the defendant’s request for provisional pre-trial release.
To access the full Decision, click here
Ukraine requests ICC investigation, accepting ICC Jurisdiction: Ukraine has formally asked the ICC to investigate the deaths of civilians on its territory that occurred from 21 November 2013 to 22 February 2014. Ukraine hopes that the court will duly study the case but it is up to the prosecutor to decide whether to proceed with an investigation. (For more information on this topic, please click here) (ICC, NYT).
Ruto Witnesses compelled to testify: The ICC has summoned eight reluctant witnesses by way of subpoenas issued by the Kenyan government to testify in the Ruto trial. The prosecution continues to see witnesses withdraw from appearing and such actions have negatively affected several other ICC cases related to the Kenya poll violence. The court has made arrangements for the witnesses to appear by video-link and has asked the Kenyan government to make appropriate arrangements for security. (For additional information on this topic, please click here) (ICC, BBC).
Kosovo PM calls for vote on war crimes court; expresses concerns: Kosovo’s premier has summoned parliament to vote on whether to establish a special court to try ethnic Albanian guerrillas accused of harvesting organs of murdered Serbs during the Balkan war. U.S. and European officials have warned that if the court is not established then the case will be referred to the U.N. Security Council. (Reuters).
ICC abandons Banda Trial start date; cites “logistical” issues: Trial Chamber IV of the ICC decided to vacate the 5 May 2014 date for the Banda Trial due to logistical issues. The chamber will decide in due course on further steps to take no later than 6 May 2014. (ICC).
Security Council condemns S. Sudan attacks; suggests “war crimes” committed: The Security Council has voiced its outrage on the violence in South Sudan. The UN Mission in South Sudan has encountered armed mobs and sustained numerous injuries in trying to keep its IDPs safe. The Council has called on the Government of South Sudan to immediately take steps to ensure the safety of all civilians and UNMISS contingents. (UN).
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).
ICC brings al-Bashir complaint to UNSC: The ICC has informed the UN Security Council and the Assembly of States Parties about DRC’s noncooperation in the arrest and surrender of Omar Al Bashir. The Chamber has referred the matter to the UN Security Council and the Assembly of States Parties to the Rome Statute with hopes that a decision on what measures should be taken will surface in the near future. (ICC).
Saif al-Islam Gaddafi to stand trial in Tripoli Monday: Concerns remain over the guarantee of fair trials for Gaddafi-era officials in Libya. HRW has reported that the inmates in Libyan prisons are not receiving their basic due process rights. The ICC has the authority to command Libyan authorities to cooperate with the court but such pressure to turn Saif al-Islam Gaddafi over to the ICC has been ignored thus far. (For additional information on this topic, please click here.) (HRW/The Guardian).
ICTY anticipated 98bis decision in Mladic Case: 17 March 2014, the Defence team for Rato Mladic orally presented its motion pursuant to Rule 98bis. The Prosecution responded on 18 March 2014. The pronouncement of the Trial Chamber’s decision on the Rule 98bis motion for acquittal is scheduled for 15 April 2014. (ICTY).
Hadzic Witness unclear on past testimony: The final prosecution witness to testify against Goran Hadzic told judges last week that he could not confirm the accuracy of his earlier testimony. The witness told the Hadzic defence team that he could remember the meetings in Serbia which he had previously testified about, in which he and Hadzic allegedly received detailed instructions from the authorities in Belgrade, as well as equipment and arms. Hadzic’s defence case is scheduled to begin on June 24. (IWPR).
HRW advocates war crimes court in Kosovo: Kosovo’s parliament is expected approve the establishment of a special court located abroad to try alleged war crimes committed during and after the 1998-1999 Kosovo War. It is also expected that the Parliament will agree to extend the mandate of EULEX with hopes of brining individual accountability to past crimes. However, even if the special court is allowed to process, there are concerns that the weak state of Kosovo’s current justice system may inhibit its effectiveness. (HRW).
Katanga files notice of appeal on trial judgment: On Wednesday, 9 April 2014, the ICC reported that defense for Congolese militia leader Germain Katanga filed a notice of appeal. The defense “seek[s] to reverse the decision of conviction on each charge.” Katanga was convicted of war crimes last month for arming soldiers after violence erupted in the Democratic Republic of Congo in 2003. Charges of rape, enlisting child soldiers and sexual slavery were dismissed. (Independent Online News).
Belgium and ICC come to agreement on interim release of accused: On Thursday, 10 April 2014, the ICC entered into an agreement with Belgium in which the country will receive detainees after interim release. The agreement specifies that Belgium will “provisionally receive detainees . . . on its territory on a temporary basis and under conditions established” by the ICC. Belgium is the first country to sign such an agreement with the Court. (International Criminal Court).
ICC Prosecution witness testifies to elections threats in Ruto case: A prosecution witness in the ICC case against Deputy President William Ruto and radio journalist Joshua arap Sang testified on Wednesday, 9 April 2014, that he was threatened with eviction after the 2007 presidential election in Kenya. The witness, a member of the Kikuyu ethnic group, described how Orange Democratic Movement supporters, upon learning of the election results, looted, burned down houses and ferried cars from Kenya’s Rift Valley in order to chase away Kikuyus who mostly voted for the Party of National Unity. (Institute for War & Peace Reporting).
France takes steps towards UN Resolution to refer Syrian crimes to the ICC: It is being reported that France is currently in the process of drafting a U.N. Security Council resolution that refers Syria to the ICC for war crimes. Three Security Council resolutions imposing sanctions on the Syrian government were previously vetoed by the country’s ally, Russia. However, the proposed resolution by France would be the first to authorize the ICC to try a non-member state in The Hague. While it is expected Russia may veto this resolution as well, diplomats reason the resolution could embarrass Syria’s ally. (New York Times).
Posted by carolinguentert in African Commission on Human and Peoples' Rights, CAR, Cooperation, Crimes against Humanity, ECCC, Egypt, European Court of Human Rights, Fair trial/Accused's rights, Genocide, ICC, immunity, Kenya, News about the Courts, North Korea, Other domestic courts, Victims, Witnesses on April 8, 2014
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).
French delegates suggest intent to refer Syria to ICC: France is currently seeking to propose a Security Council resolution that would refer Syria to the ICC for the prosecution of war crimes. Russia stands as the largest opposing force to any such resolution. The process is still in its infancy and many officials have refused to comment on specifics. (NYT).
Arguments conclude in Croatia-Serbia ICJ Case: The Croatia-Serbia ICJ case began in 1999. Since that time, Serbia has filed a countersuit against Croatia and would like to see the ICJ declare the Croatian armed forces’ 1995 action genocide against the Serbian people. The Croatian team still claims that the Serbian forces were excessive in their use of force. The final verdict may be announced by the end of this or early next year and may not be appealed. (B92).
UN concerned over continued violence in CAR: The UN human rights office has finished its preliminary investigation of the deadly events that took place on March 29 in Bangui, CAR. It has been determined that Chadian soldiers killed some 30 civilians and wounded more than 300 in an indiscriminate attack on a market. (UN News).
UN Secretary General commemorates 20-year anniversary of Rwanda Genocide: UN Secretary-General Ban Ki-moon reminds the international community that the atrocities that took place in Rwanda should not be forgotten and should not have occurred in the first place. Monday’s commemoration is part of a series of events that aim to remember the people murdered in Rwanda and to unite the people of Rwanda. (UN News).
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).
Posted by carolinguentert in Admissibility / Primacy, Crimes against Humanity, Fair trial/Accused's rights, Gaddafi, Human Rights Violations, ICC, Ivory Coast, News about the Courts, North Korea, Other domestic courts, Post-Election Violence, Uganda, UN General Assembly, Victims, War Crimes on March 25, 2014
UN may seek special tribunal on North Korea as alternative to ICC: On Sunday, 23 March 2014, a diplomatic source revealed that the UN is considering creating a special court to try North Korean leaders who have committed human rights violations against North Korean citizens. This would serve as an alternative to referring the issue to the ICC, a decision that would likely be vetoed by China. The creation of a court would occur by majority vote in the UN General Assembly. (Yonhap News Agency).
Libya announces trial date for former Gaddafi officials: On Monday, 24 March 2014, Libya announced that on 14 April 2014, 37 high-level aides of Muammar Gaddafi will be tried in domestic proceedings. Among those to stand trial are Seif al-Islam Gaddafi and Saadi Gaddafi, the two sons of Muammar Gaddafi; Abdullah Senussi, the former intelligence chief and brother-in-law of Muammar Gaddafi; and dozens of former aides of Muammar Gaddafi. Al-Islam Gaddafi and al-Senussi are wanted by the ICC for crimes against humanity allegedly committed in Libya in February 2011. The Pre-Trial Chamber of the ICC previously rejected admissibility of al-Saddafi’s case, and based on complementarity, decided that he should instead be tried by Libyan authorities. Furthermore, the Pre-Trial Chamber rejected the challenge to the admissibility of Al-Islam Gaddafi’s case, deciding that his case would be heard before the ICC. However, both decisions were appealed, the outcomes of which are outstanding. Both al-Islam Gaddafi and al-Senussi have complained that their due process rights have been infringed, alleging that they have been denied access to counsel by the Libyan government. They have not been appointed counsel. On 6 March 2014, Saadi Gaddafi was extradited to Libya, and is now joined in the case to be heard before Libyan domestic courts. (Middle East Online).
US sends military planes to assist in hunt for LRA leader Kony: The U.S. will be sending military planes and additional special forces to Uganda this week in order to increase the search for LRA leader Joseph Kony. The U.S. is also offering a $5 million reward for Kony’s capture, and had previously sent forces to the area in 2011 to assist African troops in the search for Kony. The ICC has charged Kony with war crimes, and he is wanted for human rights abuses; namely, abducting children and forcing them to become child soldiers. (BBC).
Former Ivory Coast Youth Minister Goudé transferred to the ICC: On Monday, 24 March 2014, Charles Blé Goudé, the former Ivory Coast Youth Minister and former leader of the pro-Gbagbo militia group “Young Patriots”, was transferred from Ivory Coast to the ICC. He had been arrested and extradited to Ivory Coast on 17 January 2014. He is charged with committing four counts of crimes against humanity during the post-election violence in Ivory Coast between 16 December 2010 and 12 April 2011. (Hirondelle News Agency).
Narcisse Arido makes initital appearance for ICC contempt proceedings: On 20 March 2014, Narcisse Arido, who was wanted by the ICC for offenses against the administration of justice allegedly committed concerning the case The Prosecutor v. Jean-Pierre Bemba Gombo, appeared for the first time before the Pre-Trial Chamber of the ICC. Arido is charged with corruptly influenced ICC witnesses, of which he was informed during the appearance. The Defense was also present at the appearance, and Arido was represented by his lawyer. The determination of whether these charges will be confirmed or rejected will not be made on the basis of a hearing, but solely on the basis of the parties’ written submissions. (CPI-ICC).