Archive for category ICC

16 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor unable to pursue Darfur investigations; cites non-cooperation:  According to statements from the prosecutor of the ICC, current investigations in Sudan’s Darfur region will cease.  The situation in Darfur is in the process of deterioration and little has been done by the council to assist in the prosecutor’s attempt to being perpetrators to justice.  The ICC and the UN consider the violence in Sudan to be a serious concern, but little can be accomplished without cooperation from Sudan and neighboring countries. The investigations in Darfur will remain in a state of hibernation until further notice. (For additional information on this topic, please click here, here) (ICC, UN, Aljazeera)

Ten officials arrested in Bosnia, suspected of war crimes:  Bosnian officials have made the arrest of ten Bosnian Serb wartime officials arrested on suspicion of committing war crimes.  The men are suspected of planning, supervising and conducting the persecution of around 120 Bosnians from a village near the eastern town of Zvornik on July 14, 1992.  (Reuters)

Local DRC Court sentences leader to life in prison for crimes against humanity:   Lieutenant Colonel Bedi Mobuli Engangela has been sentenced to life in prison by a court in the DRC for perpetrating crimes against humanity.  Engangela was in command of a unit which was accused of gang rapes and other crimes.  (Yahoo)

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11 December 2014 – NEWS ABOUT THE COURTS

ICC confirms charges against Blé Goudé: ICC Pre-Trial Chamber I confirmed charges of crimes against humanity against former Ivorian political leader Charles Blé Goudé today, 11 December 2014. The Chamber determined that substantial grounds existed to believe Blé Goudé committed or attempted to commit murder, rape and other inhumane acts in the Ivory Coast between December 2010 and April 2011. The Chamber examined more than 40,000 pages of evidence, including some 130 witness statements and 1200 audio and video recordings. (ICC).

ICC rejects Ivory Coast admissibility challenge after Mrs. Gbagbo appears in Abijan Court: Today, 11 December 2014, ICC Pre-Trial Chamber I rejected Simone Gbagbo’s admissibility challenge and reminded the country of its obligation to surrender the Ivorian politician to the Court. The Chamber found the Ivory Coast was “not taking tangible, concrete and progressive steps aimed at ascertaining whether Simone Gbagbo is criminally responsible for the same conduct that is alleged in the case before the Court.” Gbagbo is accused of murder, rape and other inhumane acts and persecution committed in the Ivory Coast between December 2010 and April 2011. (ICC).

UN officials say impunity should not be allowed following US torture report: On Tuesday, 9 December 2014, the U.S. Senate intelligence committee released a report finding that the U.S. government used torture. Some U.N. officials, such as U.N. Special Rapporteur on human rights and counter-terrorism Ben Emmerson Q.C., have called for the prosecution of U.S. officials responsible. Furthermore, U.N. High Commission for Human Rights Zeid Raad al-Hussein stated that it’s “crystal clear” that the U.S. should ensure accountability and U.N. Secretary-General Ban Ki-moon stressed that “prohibition against torture is absolute.” In addition, executive director of Amnesty International USA, Steven W. Hawkins stated that “Under the UN Convention against torture, no exceptional circumstances whatsoever can be invoked to justify torture, and all those responsible for authorizing or carrying out torture or other ill-treatment must be fully investigated.” (For additional information on this topic, please click here.) (The Guardian, Huffington Post).

ASP rejects Kenya’s agenda to address conduct of judges and prosecutors: Kenya’s request to add a supplementary agenda item relating to the conduct of the ICC and Prosecutor’s Office to the Assembly of States Parties annual meeting was rejected. Newly elected ASP President Sidiki Kaba explained “The Bureau does not recommend inclusion of the Kenyan agenda item on conduct of the Court and Prosecutor.” Kenya accuses the ICC of frivolous prosecutions, incorrect statutory interpretations of the Rome Statute and politicizing cases. (All Africa).

ICC Ruto defence team submit video and media evidence to show violence not incited: Defence for William Ruto submitted to the ICC video and newspaper clippings showing the Kenyan Deputy President did not incite violence. One video clip allegedly showed Ruto encouraging different communities to stay united and urged Kalenjins to welcome former President Mwai Kibaki and his family attending the memorial of freedom fighter ceremony in 2005. (Capital News).

African Court President meets with AU Commission Chairperson and EU delegation: Throughout this week, Justice Augustino Ramadhani, President of the African Court on Human and Peoples’ Rights, has met with Nkosazana Dlamini Zuma, Chairperson of the African Union Commission, and Gary Quince, Head of the European Union Delegation to the AU. Discussion with both included efforts to raise awareness of the Arusha-based African Court and help with its progression. Specifically, Ramadhani stressed that “We are in the process of attracting more African countries to ratify the Protocol” establishing the Court. (All Africa).

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10 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecution seeks leave to appeal decision not to refer Kenya for non-cooperation: ICC Prosecutor Fatou Bensouda has asked the Court to appeal its March 2014, decision not to refer the Kenyan government to the Assembly of State Parties. Bensouda had accused Kenya of non-compliance for failing to disclose requested financial and communication documents in the case against President Uhuru Kenyatta and asked for a referral to the ASP and an indefinite postponement of Kenyatta’s trial.  Bensouda stated the ICC’s decision “unless soon remedied on appeal will be a setback to the proceedings in that it will leave a decision fraught with error to cloud or unravel the judicial.”  (Daily Nation).

ICC PTC finds Libya in non-compliance and refers Libya to the UNSC: ICC Pre-Trial Chamber I issued a decision on 10 December 2014, finding that Libya failed to comply with requests to surrender to the Court the son of former Libyan leader Muammar Gaddafi, Saif Al-Islam Gaddafi, as well as to return specified documents seized to the appropriate parties and destroy any copies in Saif Al-Islam Gaddafi’s case.  The Chamber referred the matter of Libya’s non-compliance to the U.N. Security Council under article 87(7) of the Rome Statute.  The Security Council is asked to “consider any possible measure aimed at achieving Libya’s compliance with its outstanding obligations vis-à-vis the Court.” (ICC).

Africa, Cooperation and Resources focus of ASP meeting: On Monday, 8 December 2014, the annual session of the Assembly of States Parties began at the U.N. headquarters in New York.  Africa appears to be the focus of the meeting with newly elected ASP President Sidiki Kaba asking member states to help “change Africa’s negative perception of the court.”  Furthermore, Kenya’s U.N. Ambassador Macharia Kamau requested the ASP to address concerns the government and the Africa Union have regarding the ICC and the Prosecutor’s Office.  Human Rights Watch stressed that the ICC needs the appropriate political backing and resources to ensure justice for serious violations of international law.  (For additional information on this topic, please click here.) (ABC News, Human Rights Watch).

UN official marks anniversary of Genocide Convention, saying no country immune:  Tuesday, 9 December 2014, marked the 66th anniversary of the signing of the Genocide Convention.  At the U.N. headquarters in New York, U.N. Secretary-General’s Special Adviser on Prevention of Genocide Adama Dieng paid tribute to those who lost their lives to genocide.  Dieng stated that “We must accept that there is no part of the world that can consider itself immune from the risk of genocide and all regions and all States must build resilience to these crimes.”  Dieng’s office intends to launch a new Framework of Analysis for Atrocity Crimes this week that focuses on prevention strategies and warning signs. (UN News Centre).

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9 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor outlines new policy against gender-based violence: Prosecutor of the ICC, Fatou Bensouda, recently launched the Court’s new policy related to Sexual and Gender-Based Crimes.  Bensouda assured those present at her speech at the UN that the new policy would aim to strengthen the Office’s capacity to investigate and prosecute the high numbers of gender-based crimes committed around the world which fall in the Court’s jurisdiction.  (ICC).

Palestine secures observer status before ICC: Palestine will receive a seat at the ICC.  Palestine will now be able to request that the ICC investigate alleged war crimes that have taken place in the occupied territories in the capacity of an observer state.  Consequently, Palestine is now recognized as a state by the signatories to the Rome Statute.  (For additional information on this topic, please click here.)  (Aljazeera, JPost).

Brazil President declines human rights investigations against former military: President Dilam Rouseff has received a great deal of criticism after making the decision not to support the prosecution of military officers responsible for abuses during the 1964-85 years of dictatorial rule.  (Reuters).

Georgia ratifies aggression provisions of ICC Statute: Georgia is the latest country to ratify the amendments to the Rome Statute on the crime of aggression.  Once thirty States Parties have ratified the amendments, the Court may proceed exercising jurisdiction over the crime of aggression.  (RTTnews).

Ukraine seeks ICJ Case against Russia:  Ukraine has announced that the country seeks to initiate proceedings in the ICJ against Russia for the alleged violation of a UN convention on terrorism.  Claims have also been failed with the ECHR by Ukraine.  The UN human rights office has asked that an immediate investigation be carried out to assess the number and severity of alleged war crimes.  (Rapsinews).

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8 December 2014 – NEWS ABOUT THE COURTS

Following withdrawal of Kenyatta charges, Amnesty calls for justice for victims: President Kenyatta’s charges for crimes against humanity were dropped last week and Amnesty International now demands justice for the victims. Amnesty’s regional director for East Africa, the Horn of Africa and the Great Lakes region, Muthoni Wanyeki, stated that the ICC and the Kenyan government are failing the victims. Mitchelle Kagiri, Amnesty’s deputy regional director for East Africa, stated that the ICC should reopen investigations to find areas that were missed. (World Bulletin)

Israel initiates investigations into crimes in Gaza: The Israeli military has initiated investigations into crimes that occurred during the war between Israeli and Palestinian militant groups in the Gaza Strip this past summer. The war lasted for fifty days and ended on August 23rd. The Israeli military already faced accusations of war crimes from Amnesty International and an inquiry from the United Nations Human Rights Council. (The New York Times)

ICT Bangladesh to amend tribunal’s founding act to include prosecution of an organisation: The International Criminal Tribunal Act of 1973 did not contain a provision for trying organisations in the court. The government is now trying to amend the Act in order to bring organisations like Jamaat-e-Islami before the court. The government wants to try Jamaat-e-Islami for crimes against humanity during the Bangladesh Liberation War of 1971. The proposed amendment will be given to the cabinet this December or in January. (Dhaka Tribune)

Interpol issues red notices for Muslim Brotherhood leaders: Interpol issued over forty arrest warrants for Muslim Brotherhood leaders this past week. This included Sheikh Yusuf Al-Qaradawi, head of the Doha-based International Union of Muslim Scholars. An Egyptian security official stated that those on the warrant list are wanted for different terror-related crimes. He also stated that Egyptian authorities helped persuade Interpol that these members of the Muslim Brotherhood were fugitives and terrorists. (Albawaba News)

UNSC to evaluate N. Korea HR record: The United Nations Security Council will meet later this month due to ten of the fifteen members requesting to discuss North Korea’s rights record in a letter to Chadian Ambassador Cherif Mahamat Zene, whose country currently holds the council’s presidency. The meeting concerns referring Pyongyang to the ICC for crimes against humanity. UN diplomats stated that it was likely that China would block the move to refer North Korea to the ICC with its veto power. (China Post)

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5 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor withdraws charges against Kenyan President Kenyatta: Prosecutors at the ICC dropped the charges against Kenyan President Uhuru Kenyatta for crimes against humanity. Kenyatta was indicted for inciting post-election violence in 2007. The charges were dropped after the ICC gave prosecutors a one-week deadline to submit evidence against Kenyatta or to drop the charges. Prosecutors had asked for more time to build its case on more than one occasion, claiming witnesses had been bribed or intimidated. The ICC gave this one-week ultimatum stating that any further delays would be “contrary to the interest of justice.” (BBC) (for additional information please click here)

Former UNAMID spokesperson asks Bensouda to push UNSC for Sudan inquiry: Aicha Elbasri, former United Nations-African Union Mission in Darfur spokesperson, asked prosecutor of the ICC, Fatou Bensouda, to look into an alleged cover-up by UN peacekeepers in Sudan. Elbasri pushed Bensouda to ask the United Nations Security Council to look further into these matters. Elbasri’s letter stated that the UN peacekeepers assigned to investigate the claims of manipulating the truth about Darfur were part of “an internal, partial, biased and secretive process.” Elbasri stepped down as spokesperson in April 2013 with claims that she had been prevented from informing the public about the events occurring in Darfur. (Sudan Tribune)

ECCC Prosecution appeals judges’ decision not to consider foreseeable crimes: The Trial Chamber of the Khmer Rouge tribunal refused ECCC prosecutor’s claims against Nuon Chea and Khieu Samphan in crimes that the two did not directly order or oversee. The prosecutors are now appealing that decision stating that the defendants should be held accountable for crimes that were reasonably foreseeable. Chea and Samphan both are already facing life sentences for crimes against humanity and are appealing those decisions. William Smith, international deputy co-prosecutor, stated that the Trial Chamber should be able to consider crimes such as rape that were foreseeable from actions of the accused. (Cambodia Daily)

Seselj rejects return to ICTY detention after provisional release: Earlier this week, the prosecution filed a motion to send nationalist leader Vojislav Seselj back to ICTY detention. Seselj was accused with Serbian war crimes, but was provisionally released to seek treatment for cancer. Seselj vowed that he would not return to the Tribunal. Chief prosecutor, Serge Brammertz, stated that despite Seselj’s health condition, Seselj has still made many comments that insult victim communities. Brammertz also stated that these comments called into question the trial chamber’s assessment of Seselj’s condition for provisional release. (Journal of Turkish Weekly)

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2 December 2014 – NEWS ABOUT THE COURTS

North Korea issues report countering Western human rights allegations:  In response to a report by the UN General Assembly, which recommended referring the DRKP and its leader, Kim Jong Un, to the International Criminal Court to face charges including crimes against humanity, the DRKP issued a rebuttal refuting all claims.  Despite the UN findings, it is expected that China and Russia, DRKP supporters, will use their veto power to keep any charges from being filed against the DRKP and its leader. (IBTimes).

Former Jamaat, BNP Parliament Member held, anticipating charges by ICT-1:  War crimes suspect and former BNP and Jamaat-e-Islami lawmaker Mawlana Sakhawat Hossain, was arrested in Masterpara, of Uttar Khan by authorities and later brought before the ICT-1.  Sakhawat is suspected of being involved in the commission of war crimes during 1971.  It is expected that the prosecution for bring charges of war crimes against Sakhawat as soon as the necessary amount of evidence has been gathered to substantiate such allegations.  (Daily Star).

Egyptian Court refuses corruption charges against former President Mubarak:  An Egyptian court has dismissed charges against President Mubarak in connection with the death of protesters during the 2011 uprising against him.  However, Mubarak will not walk free, hw was found guilty of theft of public funds and will continue to serve the remaining time left of his three-year house arrest sentence.  Discussions of an appeal are underway.  (Aljazeera).

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