Archive for category ICC

3 March 2015 – NEWS ABOUT THE COURTS

ICC Appeals Chamber issues judgment amending the TC’s order for reparations: The ICC Appeal Chamber’s judgment on 3 March 2015 amended the Trial Chamber’s judgment on reparations in the case against the Democratic Republic of the Congo’s Thomas Lubanga Dyilo. Lubanga Dyilo was found guilty of war crimes in March of 2012. The original Trial Chamber judgment from 7 August 2012 ordered collective reparations to be made through the Trust Fund for Victims (TFV). The Appeals chamber confirmed many parts of the Trial Chamber’s judgment including the reintegration of former child soldiers and affirmed reparations on a collective basis rather than an individual basis. The Appeals Chamber only amended the reparations to include an instruction to the TFV that it consult the victims that had individual requests of the collective nature of the reparations. (International Criminal Court)

Two further Khmer Rouge suspects charged in absentia by ECCC International Co-Investigating Judge: Two more former leaders of the Khmer Rouge, Im Chaem and Meas Muth, have been charged with crimes against humanity. Meas Muth has also been charged with war crimes. Both were charged in absentia by the International Co-Investigating Judge, Mark Harmon. Im Chaem has been charged for crimes committed at the Phnom Trayoung security centre and Spean Sreng worksite. So far, the ECCC has convicted three people, handing down life sentences to two. (Naharnet, The Phnom Penh Post, Extraordinary Chambers in the Courts of Cambodia) (for additional information please click here and here)

ICC Appeals Chamber confirms decision to replace Banda summons with an arrest warrant: On 3 March 2015, the ICC Appeals Chamber affirmed the decision to replace a summons with an arrest warrant for Sudanese rebel Abdallah Banda. Banda is charged with three counts of war crimes in Darfur and Sudan. The Trial Chamber originally issued the arrest warrant for Banda in September of 2014 requesting Sudan’s cooperation in the case. (Hirondelle News Agency)

ICTY Prosecution asks for continuance of Hadzic trial in face of his illness: The ICTY’s Prosecutor’s Office has filed a motion for a continuance of Goran Hadzic’s trial even though he might not be able to attend because of his illness. Hadzic was diagnosed with cancer last year, causing his trial to be suspended. Hazdic was charged with crimes against humanity during his former presidency of the Republic of Serbian Krajina in the 1991-1995 conflicts in Croatia. The Prosecutor’s Office stated in the motion that the Trial Chamber has the discretion to order the defense to further present evidence in the case, without the defendant’s presence. (InSerbia)

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2 March 2015 – NEWS ABOUT THE COURTS

Ngudjolo faces immigration challenge after acquittal at ICC: Mathieu Ngudjolo Chui is being held in custody in the Netherlands pending deportation after his 2012 acquittal of war crimes and crimes against humanity was confirmed by the ICC.  The former militia leader does not have a residence permit to stay in the Netherlands but fears being deported back to Congo for safety reasons.  Ngudjolo’s defence have filed motions seeking asylum and also intend to appeal his detention and deportation. (ICC Observer).

Rwandan court upholds conviction of former justice minister for role in genocide: On 27 February 2015, Rwanda’s former justice minister’s sentence of life imprisonment for “being an accomplice to carry out . . . genocide” was upheld by the country’s high court. Agnes Ntamabyariro was convicted six years ago for crimes committed during the 1994 conflict in Rwanda in which 800,000 were killed.  Lawyers for Ntamabyariro said the former justice minister may appeal the confirmation due to the severity of the punishment. (News 24).

US Government makes move to deport 150 Bosnian immigrants on war crimes allegations: U.S. immigration officials have identified some 300 Bosnian immigrants living in the United States believed to have been involved in war crimes and “ethnic cleansing” during the 1990s conflict in the former Yugoslavia. It is being reported that at least 150 of those identified, many of them former Bosnian soldiers, may be deported. Kathleen O’Connor, a human rights prosecutor at the Justice Department urged witnesses to come forward regarding war crimes in the former Yugoslavia and stressed that “justice can be served in the United States despite the fact that many years have gone by and that the conduct occurred overseas.” (New York Times).

Rwandan investigators urge action against BBC for program questioning genocide: Rwandan investigators are urging the government to ban BBC radio programs questioning the 1994 genocide from the country’s airwaves. Former top Rwandan prosecutor Martin Ngoga found the BBC “abused press freedom and free speech, violated its own editorial guidelines (and) transgressed journalistic standards.”  The BBC has denied the accusations and said it had no intentions of “downplay[ing] or conceal[ing] the horrifying events of 1994.” (Malay Mail).

Bensouda urges Kony to surrender for trial at ICC: ICC Chief Prosecutor Fatou Bensouda urged Joseph Kony, a rebel chief of the Ugandan Lord’s Resistance Army, to surrender to the Court and stand trial. Bensouda vowed the rebel chief would receive a fair, independent and impartial trial.  The Lord’s Resistance Army is accused of killing some 100,000 people in a conflict in northern Uganda nearly three decades ago. (Standard Digital).

Preparation made for a Special Court on Kosovo: Kosovo is preparing for the creation of a Special Court to prosecute killings and organ trafficking during the conflict in Kosovo; said Prime Minister Isa Mustafa on Monday, 2 March 2015. Specifically, the court will look at crimes by the former Kosovo Liberation Army against Serbs. Prime Minister Mustafa said experts were working to “harmonise the legislation related to the Special Court, the court’s statute and amendments to the Constitution that are required for the laws and statute to be adopted.” (InSerbia).

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26 February 2015 – NEWS ABOUT THE COURTS

Amnesty appeals to UN Veto Powers to relinquish veto during mass atrocities:  Amnesty International has issued a statement condemning the international response to the array of catastrophes which took place in 2014.  Amnesty has asked that the five permanent members of the UN Security Council be forced to give up their power of veto in cases where atrocities are being committed as a way to prevent interference.  Unfortunately, Amnesty does not see 2015 as being a better year for abuse victims.

Victims hope to have CAR crimes included in case against Ongwen:  In a statement published February 18, the Association of LRA Victims in the Central African Republic, a local NGO well-known in Bangui, called for Ongwen’s case to be extended to crimes committed in the CAR between 2008 and 2014. The ICC Prosecutor wants Ongwen tried for three counts of crimes against humanity and four counts of war crimes.

European Court considering case of Iraq War deserter:  Andre Shepherd, former U.S. military Apache helicopter mechanic, deserted his position in 2007.  He has since claimed refugee status in Germany, however, to qualify as a refugee under the EU law, Shepherd would have to present evidence showing it was credible that war crimes would have been committed during his service in Iraq.  Given the prison he could face in the US, it is unlikely he will be eligible for refugee status.

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24 February 2015 – NEWS ABOUT THE COURTS

Mrs. Gbagbo appears before national trial and denies wrongdoing: Simone Gbagbo presented evidence for the first time in her trial in Abidjan. Mrs. Gbagbo denies all wrongdoing in her alleged role in inciting post election violence in 2010. In December 2014, the ICC denied the Ivory Coast’s admissibility application to try Mrs. Gbagbo nationally and ordered the Ivory Coast to surrender her to the Hague. By starting Mrs. Gbagbo’s trial, the Ivory Coast is proceeding in violation of the ICC’s decision. Mrs. Gbagbo’s husband, former President Laurent Gbagbo, is currently being tried at the ICC. (BBC, France24, ICC-CPI) (for additional information please click here and here)

ICC Prosecution to call final witness in Ruto / Sang case on 23 March: The 30th and last witness in the case against former Deputy President William Ruto and journalist Joshua arap Sang will testify on 23 March 2015. The ICC Public Affairs Unit stated that witness P0727 has been unwilling to testify and has put conditions upon testifying. The witness did not appear to testify on 2 February 2015, but will now testify by video from a secret location on 23 March. (CaptialFM)

At-large former lawmaker sentenced to life imprisonment by ICT Bangladesh: The International Criminal Tribunal of Bangladesh sentenced former lawmaker, Abdul Jabbar, to life imprisonment for crimes against humanity. The crimes against humanity were committed during the 1971independence war against Pakistan and include counts of genocide and religious persecution of the country’s Hindi minority. The court stated that Jabbar would get some leniency in mere imprisonment due to old age. Jabbar is still at-large and is thought to be in the United States. (The Economic Times, The Sun Daily) (for additional information please click here)

UNAMI and OHCHR report says HR violations in Iraq increasingly sectarian: A report produced by the UN Assistance Mission for Iraq and the Office of the UN High Commissioner for Human Rights highlights the increase of human rights violations in Iraq. The Islamic State of Iraq and the Levant have intentionally targeted members of Iraq’s different ethnic communities. The report covers a three month period from11 September to 10 December 2014. The report claims that many of the acts committed could constitute as war crimes, crimes against humanity, and possibly genocide. (United Nations)

US federal court orders 218 million USD award against Palestinian Authority: A United States jury found in favor of ten American families for six attacks credited to the al-Aqsa Martyrs Brigades and Hamas over a decade ago. The Manhattan based court ordered the Palestine Liberation Organization and the Palestinian Authority to pay 218 million USD. The United States Anti-Terrorist Act allows citizens harmed by terrorist acts to sue for damages in federal courts. Both groups stated that they would appeal the ruling. The Palestinian Authority signed the Rome Statute and submitted an Article 12(3) declaration in January 2015 in order to accept the ICC jurisdiction. (France24)

Amnesty highlights evidence of war crimes for Egyptian airstrikes in Libya: Amnesty International stated that violence in Libya is escalating and that civilians are feeling the impact of the attack. Amnesty claims that the Egyptian Air Force did not take the necessary precautions in their air strike over Libya to prevent civilian deaths. Amnesty has many eyewitness accounts that highlight the damage done over civilian populated areas in Libya. (Amnesty International)

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23 February 2015 – NEWS ABOUT THE COURTS

UN Commission of Inquiry on Syria ready to publish names of alleged perpetrators: Investigators on the U.N. Commission of Inquiry on Syria are prepared to release four lists documenting the names of individuals and groups allegedly guilty of war crimes and crimes against humanity since conflict erupted in Syria in March 2011.  The lists have been safeguarded at the U.N. Human Rights Council in Geneva and allegedly include names of several senior commanders and armed group leaders.  Commission investigators said “Not to publish the names at this juncture of the investigation would be to reinforce the impunity that the commission was mandated to combat.” (The Telegraph).

Sri Lanka Parliament passes witness protection law ahead of war crimes investigations: The new Sri Lankan government has passed a witness protection law to assist with national investigations into war crimes allegedly committed during the end of the country’s 26-year civil war. The law requires the government to establish safe houses to allow people to give evidence and participate in the national investigations. The Sri Lankan government has received pressure from the international community to fully investigate and prosecute crimes. The U.N. Human Rights Council recently delayed the release of a report investigating war crimes in Sri Lanka. (First Post).

Body of ICC witness possibly found: It is being reported that a body found in Tsavo National Park in Kenya may be that of a missing defence witness in the ICC case against Kenyan Deputy President William Ruto.  ICC defence witness Meshack Yebei went missing on 28 December 2014 after leaving ICC protection.  Final identification of the body by family and DNA samples is ongoing.  (All Africa).

ICTY accused Hadzic asks for leave for medical treatment: Former president of the Republic of Serbian Krajina, Goran Hadzic, has requested provisional release from the ICTY in order to undergo chemotherapy for cancer. Hadzic’s defence argued the accused will be unable to attend the trial for months as it would negatively affect his health during chemotherapy. The former president is on trial for crimes against humanity and war crimes committed during the 1991-1995 conflict in Croatia. (InSerbia).

HR Advocacy groups lobby CAR Government to establish Special Court: Human rights advocacy groups are urging the Central African Republic’s government to adopt a law establishing a Special Criminal Court to prosecute those responsible for serious violations of international and human rights law. The Special Criminal Court would be part of the country’s national judicial system and consist of 14 national and 13 international judges.  The human rights advocacy groups believe such a court will “strengthen” the country’s judicial system and “constitutes a balanced and innovative initiative to support the Central African judicial system, which is ravaged by the conflict triggered in 2012 by the armed groups in the northern part of the country.”  (Jurist).

Ongwen discloses meeting with Kony in December 2014:  A report by the Switzerland-based group Smalls Arms Survey states that Lord’s Resistance Army (LRA) commander Dominic Ongwen admitted meeting with LRA leader Joseph Kony near Darfur in December 2014. Ongwen first appeared before the ICC on 26 January 2015, after surrending to U.S. troops in the Central African Republic.  Ongwen faces seven counts of crimes against humanity and war crimes charges. (Sudan Tribune).

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20 February 2015 – NEWS ABOUT THE COURTS

Government to address Sri Lankan Parliament about UN HR Council report: The Sri Lanka government will make a statement to parliament on 20 February 2015 regarding the United Nations Human Rights Council (UNHRC) report and the government’s request to postpone its release. The UNHRC report concerns alleged war crimes committed in Sri Lanka. Opposition Leader Nimal Siripala De Silva requested that the government reveal its stance on the issue, the steps it would take, and to present parliament with the letter sent to the UN Human Rights Chief. Chief Government Whip Minister Gayantha Karunathilaka replied to the request stating that the government would present a response later on 20 February. (News.LK)

Ngudjolo Chui judgment on appeal of acquittal rescheduled to 27 Feb: The judgment on appeal of the acquittal for Democratic Republic of the Congo’s (DRC) Mathieu Ngudjolo Chui has been rescheduled by the Appeals Chamber of the International Criminal Court to next Friday, 27 February 2015. Chui was acquitted back in 2012 for three counts of crimes against humanity and seven counts of war crimes. These allegations stemmed from an attack on the village of Bogoro in the DRC. The Office of the Prosecutor appealed the verdict on 20 December 2012 and Chui was released from custody the following day. (International Criminal Court)

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17 February 2015 – NEWS ABOUT THE COURTS

UN HR Council grants 6 mo delay to release of Sri Lanka war crimes report: The United Nations Human Rights Council granted the Sri Lankan government a six month delay in releasing its report on alleged war crimes. The report, led by former Finnish President Martti Ahtisaari, was due next month, but UN rights chief Zeid Ra’ad al-Hussein stated that he recommended a deferral until September. A Sri Lanka Foreign Ministry official stated that the delay would help the “new government’s move to establish democratic process for accountability issues.” These war crimes stem from the previous government who stands accused of human rights violations during the final stages of the civil war in May of 2009. The United Nations Human Rights Council began their own investigation in March after stating that former President Mahinda Rajapaksa had failed to properly conduct his own investigation. Once released, the United Nations report would be the basis of which the HR Council would recommend to hold those accountable for crimes, including a referral to the International Criminal Court. (Reuters, New York Times, Aljazeera) (for additional information please click here and here)

Extraordinary African Chambers finds enough evidence against Habre to proceed to trial: The Extraordinary African Chambers found enough evidence against Hissene Habre for crimes against humanity, war crimes, and torture to go forward with trial. This evidence comes from witness and victim interviews, documents from Habre’s secret police, and a visit to mass graves during a 19-month pretrial investigation conducted mainly in Chad. These allegations stem from Habre’s eight-year rule in Chad, though he was overthrown over 20 years ago. Habre lived in exile in Senegal until he was detained in 2013. The trial is expected to begin in May or June and will have two Senegalese judges and a lead judge from another African Union member state. (Defence Web)

HRW calls Libyan beheadings a war crime: Human Rights Watch stated that the killing of 21 people by a Libyan extremist group constituted as a war crime. A video was published on 15 February 2015 that showed the 21 men beheaded on a beach thought to be in western Libya. HRW called for Libyan officials to hold those accountable for the acts and for the United Nations to establish a mechanism to investigate and prosecute the crimes. The Libyan extremist group has pledged its loyalty to ISIS, another extremist group. (Human Rights Watch)

Kurdish Gov investigating atrocities committed against ISIS: Images posted on Twitter of beheaded ISIS militants have been confirmed as legitimate by the Kurdish government. These tactics committed against ISIS fighters mirrors the extremist group’s own tactics. The beheadings occurred on 30 January 2015 during a battle to drive ISIS out of the city of Kirkuk. The Kurdish government is investigating the atrocities committed. Kurdish Regional government spokesperson Safeen Dizayi stated that there is no justification for treating dead corpses in this manner. (CTV News)

Official says N Korea not guilty of any crime while asking for HR conference to be cancelled: The United Nations General Assembly urged the UN Security Council to refer North Korea to the International Criminal Court for crimes against humanity back in December. North Korea’s UN ambassador, Jang Il Hun, stated on Monday that the threat of referral was not worrisome since they are not guilty of the alleged crimes. Hun also stated that he asked the United States to cancel a conference to be held at Washington’s Center for Strategic and International Studies concerning human rights in North Korea. Hun sent a formal request to his counterpart in the State Department, but the request was denied, as it was not a U.S. government event. (Euronews)

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