Archive for category ICC

29 October 2014 – NEWS ABOUT THE COURTS

Korea may allow UN visit in exchange for dropping push for referral: Special U.N. human rights investigator Marzuki Darusman told reporters this week that diplomats from North Korea have granted his request to visit the country. The visit is supposedly conditioned on the deletion of two provision of the General Assembly resolution urging the Security Council to refer North Korea to the ICC. The provisions concern the recommendation that the ICC prosecute human rights abuses in the country and the warning that the Court prosecute North Korea’s leader for crimes against humanity.  Darusman is a member of the panel that issued the U.N. report earlier this year drawing attention to reports of alleged human rights abuses in North Korea. (The New York Times).

ICT of Bangladesh sentences Nizami to death: Jamaat-e-Islami leader Motiur Rahman Nizama was convicted of war crimes and sentenced to death by the International Crimes Tribunal of Bangladesh.  Specifically, Nizama was found guilty of orchestrating the killing of scholars during the 1971 Liberation War.  Security was heightened throughout Bangladesh’s major cities before the judgment, which had been postponed from June of this year, as similar verdicts against Nizami’s senior lieutenants caused severe unrest and political violence. (The Guardian).

Bensouda emphasises role of justice in peace and security at UNSC meeting: ICC Prosecutor Fatou Bensouda briefed the U.N. Security Council in New York on Thursday, 23 October 2014.  Bensouda discussed the importance to the ICC and the U.N. Security Council of preserving the rights of civilians during conflicts and protecting peacekeeping missions. Bensouda also stressed the continued need for coordination and cooperation between all parties, including States Parties, in regards to U.N. Security Council referrals and resolutions.  Bensouda noted that “[t]he Council assumes a crucial role in the emerging system of international criminal justice and must embrace this role with all the opportunities for constructive engagement that it provides.” (ICC).

Netherlands rejects Syrian asylum seekers suspected of war crimes: It has been reported at least five Syrian asylum seekers suspected of involvement in war crimes have been denied refugee status in the Netherlands. Some fifteen more asylum seekers from Syria are supposedly still under investigation.  Netherlands stopped deporting those suspected of war crimes back to Syria in 2011 for security concerns.  (Dutch News.nl).

Bensouda attends Darfur Women’s Symposium in DC:  ICC Prosecutor Fatou Bensouda participated in the American-based Women’s Action Group symposium titled “Women and Genocide in the 21st Century: The Case of Darfur” this past weekend in Washington D.C.  Bensouda stressed that the ICC will continue to cooperate with Darfur and work toward the arrest of President Omar Al Bashir. Bensouda further urged all States Parties to the ICC to fulfill their obligations and hand Al Bashir over to the Court. The symposium focused on the alleged genocide in Darfur and the need to protect women. (allAfrica).

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28 October 2014 – NEWS ABOUT THE COURTS

UN Inquiry leads ask for China support in N. Korea ICC referral

The United Nations team that led an investigation into war crimes committed in North Korea on Wednesday asked that China support a referral of the case to the International Criminal Court. Michael Kirby was the chair of the commission of inquiry tasked with identifying any crimes committed and ongoing in North Korea. The resulting report outlined ongoing abuses, and has provided evidence to potentially refer North Korea to the ICC. Leaders were concerned Wednesday that China would use its veto power to block any action to refer North Korea. For additional information on this topic, please click here and click here (Reuters, Washington Post)

Rwanda Prosecutor appeals for cooperation in pursuing suspects

Richard Muhumuza, the Prosecutor General of Rwanda, vowed that he would collaborate with prosecutors and legal systems throughout Africa to pursue and apprehend remaining war crimes suspects. He spoke at the meeting of the General Assembly of the Africa Prosecutors’ Association, and appealed for cooperation to ensure extradition of suspects. Specifically, he spoke about individuals suspected of perpetrating crimes in the 1994 Rwanda Genocide, who had not been apprehended to date. (AllAfrica)

Team of investigators to present findings ICT of Bangladesh Prosecution

A report detailing evidence against three International Crimes Tribunal suspects will be turned over to the Prosecution, for consideration. The investigation arm of the ICT compiled a report against Forkan Mollick, Mohidur Rahman, and Afsar Hossain, in relation to alleged mass killings, rape, and forced conversions, among other charges. (BDNews)

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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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22 October 2014 – NEWS ABOUT THE COURTS

North Korea refutes allegation of political prisoners in UN Report: North Korean diplomat Jang Il-hun has denied the country is holding political prisoners. The diplomat’s statements are in response to a February 2014, U.N. report that found North Korea engaged in, among other things, acts of enslavement, torture, forcible transfer of populations, enforced disappearance of persons and prolonged starvation. The report also included satellite photographs of the detention centers and testimony from escapees. Mr. Jang warned that the country would take unspecified “countermeasures” if efforts were made to charge the country’s leader Kim Jong-un for crimes allegedly committed in the report. (NY Times).

Serbia offers assistance with health concerns of two accused: The ICTY has received a letter from the Serbian government requesting medical information on Serbian Radical Party leader Vojislav Seselj and former Republic of Serbian Krajina president Goran Hadzic. The Serbian government has offered in the letter to send doctors to the U.N. detention center in the Hague so that the two accused may receive proper health care. Seselj underwent surgery less than a year ago for colon cancer and Hadzic suffered a mild stroke this month. (InSerbia).

ICC asked to investigate Cambodian ‘land grabbing’ as crime against humanity: British lawyer Richard Rogers filed a complaint in the ICC alleging over the past 14 years an elite group in Cambodia carried out “widespread and systematic” land grabbing against the civilian population. Rogers claims these acts, consisting of “murder, forcible transfer of populations, illegal imprisonment, [and] persecution,” amount to crimes against humanity. Rogers is estimating some 770,000 people have been negatively affected by the land grabbing and 145,000 have been forcibly relocated since 2000. (Ecologist).

ICC judges formally warns Kenyan Government on confidentiality: On Tuesday, 21 October 2014, the ICC warned Kenya for leaking confidential filings in the case against President Uhuru Kenyatta. The ICC judges “note[d] with concern the Kenyan government’s cumulative inattention to the taking of appropriate measures to ensure the confidentiality of proceedings.” The confidential filings concerned a request by the ICC that Kenya help identify, freeze and seize the property and assets belonging to Kenyatta. (Expatica.com).

Chad refuses to cooperate with Extraordinary African Chambers in Habre case: It is being reported that the Chadian government has refused a request by the Extraordinary African Chambers rogatory commission to travel to the country and question two former aides of Hissene Habre. International arrest warrants were issued for the aides, Saleh Younous and Mahamat Djibrine, more than a year ago for crimes against humanity committed in Chad under Habre’s rule from 1982 to 1990. The Chadian government allegedly agreed to transfer the aids to the Extraordinary African Chambers but has since decided against it. (Hirondelle News Agency).

Australian MP asks ICC to investigate the PM over detention of asylum seekers: Australian MP Andrew Wilkie has requested the ICC Prosecutor’s Office to investigate whether Prime Minister Tony Abbott breached the Rome Statute dealing with crimes against humanity or the international convention dealing with the rights of children and refugees. Wilkie claims Abbott’s policy of detaining asylum seekers on the remote Pacific nation of Nauru and on an island off the coast of Papua New Guinea was illegal and inhumane. Wilkie said it “is not illegal to come to Australia and claim asylum” and that the government had “a fundamental obligation to hear those claims and to give those people refuge if those claims are accurate.” (The Telegraph).

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21 October 2014 – NEWS ABOUT THE COURTS

ICC Judge orders release of members of Bemba Team and others

On Tuesday, October 21, the Judge of Pre-Trial Chamber II at the ICC ordered the release of several individuals connected to the Case of Prosecutor v. Bemba, Kilolo, et. al. The Judge, Cuno Tarfusser, considered the circumstances of detention for several members of Mr. Bemba’s defense team, a defense witness, and one other individual from the DRC government. The four were detained in November 2013 for allegedly obstructing justice in the Case of Mr. Bemba. Judge Tarfusser ordered release for the four to ensure pre-trial detention was not disproportionately long for the charges. A confirmation of charges decision is anticipated, and any corresponding detention will be decided at that time. (ICC Press Release)

Former Pinochet Regime Minister arrested for allegedly aiding killings

On Monday, the ex-mayor of Providencia was arrested for allegedly perpetrating crimes including homicide and torture during the Pinochet Regime. Christian Labbe Galilea will be prosecuted along with nine other regime leaders, for acts committed as a member of the DINA Secret Police. The human rights division of the Chile Interior Ministry pursued the charges against the former military leaders, and indicated that they would contact Brazilian authorities regarding alleged torture training conducted in 1972-1973 in Brazil. Defense attorneys for Labbe said they would appeal the charges and seek unlawful association charges. (BBC, Reuters) For additional information on this topic, please click here.

ICT-1 sets date for charges hearing against three accused

The International Crimes Tribunal – 1 announced it would consider charges against three accused on November 5. The three suspects, Sheikh Sirajul Haque, Khan Akram Hossain, and Abdul Latif Talukdar, allegedly committed murder and other crimes during the Liberation War of 1971. Mr. Haque was said to have killed more than 650 civilians, while the two other individuals were alleged to have converted hundreds of Hindus and murdered several civilians. (Daily Star)

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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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13 October 2014 – NEWS ABOUT THE COURTS

UN Report details ongoing human rights abuses by M23: In a report published 9 October 2014, the Joint Office of the UN for Human Rights in the DRC (JHRO) has founds that during a time when M23 had effective control of parts of North Kivu, serious violations of human rights and international humanitarian law – which could constitute international crimes as well as crimes under the Penal Code Congolese – were committed by the group. The UN applauds the Congolese response in seeking justice against any wrongdoers. (UN News).

ICC sets date for Ntaganda Case: Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes. On 9 October 2014, Trial Chamber VI of the International Criminal Court (ICC) scheduled the opening of the trial in the case The Prosecutor v. Bosco Ntaganda on 2 June 2015. (ICC).

HRW Report outlines crimes against Yezidi women in Iraq: HRW has provided a detailed account of the alledged atrocities occurring to Yezidi men, women and children at the hands of the Islamic State (IS) fighters in Iraq. HRW states that forced marriages, abductions, sexual slavery and other international crimes have been and continue to occur. HRW recommends that the UN investigate and that the Iraqi government join the ICC. (HRW).

Kenyatta appears at ICC for status conference: On 8 October 2014, Kenyan President Kenyatta appeared before the ICC for a status conference. He is the first serving head of state to come before the Hague. Mr. Kenyatta is accused of orchestrating post-election violence during 2007. In response to these accusations, Mr Kenyatta says the charges against him are politically motivated and insists that the case should be thrown out. (BBC).

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