Archive for category ICC

1 December 2014 – NEWS ABOUT THE COURTS

ICC Appeals Chamber upholds Lubanga conviction: On 1 December 2014 Thomas Lubanga, a Congolese war criminal, had his conviction of war crimes confirmed. Erkki Kourula, the Appeals Chamber presiding judge, stated that the majority rejected the appeal. Lubanga was convicted for recruiting and using child soldiers in the Ituri region of the Democratic Republic of the Congo from 2002-2003. He is set to serve his 14-year prison sentence, though the eight years that he spent in jail waiting for the conclusion of his trial count towards his sentence. The confirmation of Lubanga’s sentence by the ICC marks the close of the court’s first case. (Reuter, Aljazeera) (for additional information please click here)

ICTY Prosecutor requests that Seselj provisional release revoked: After almost 12 years in detention, Serbian nationalist leader Vojislav Seselj was released last month to get treatment for cancer. ICTY prosecutors stated the Seselj must be brought back to detention after his threats heightened tension in the Balkans. Seselj has rallied supporters and is once again defending the nationalism he supported in the 1990s. Prosecutors urged the judges to order his return. Prosecutor Serge Brammertz stated that Seselj was in detention for crimes against humanity and has threatened those who were cooperating in the prosecution. Brammertz also stated that Seselj violated his temporary release by vowing never to return to detention voluntarily. (Bloomberg. Daily Mail) (for additional information please click here)

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24 November 2014 – NEWS ABOUT THE COURTS

ECCC boycott results in trial adjournment until January 2015: The genocide trial for Nuon Chea and Khieu Samphan, two ex-Khmer Rouge leaders, has been adjourned until 8 January 2015. Khieu Samphan’s defence attorneys continued to boycott the proceedings for the defendant. Both defendants wanted more time to file appeal documents on their life sentences for crimes against humanity in a previous trial in August. Judge Nil Nonn stated that the court did not have any other alternative, but would pursue misconduct proceedings against the attorneys. (eNews Channel Africa)

 Activist calls for UNSC attention to alleged rapes in Darfur: Ahmed Hussein Adam, researcher at Cornell University, calls to the UN Security Council to probe into the security and humanitarian situation in Darfur and protect civilians. Hussein Adam urged the Security Council to inquire into the mass rape of women in Tabit. He expressed disappointment by victims and their families in the Security Council’s decision for the Sudanese government to conduct investigations. Hussein Adam does not think that Sudan should investigate itself and called for the ICC to investigate, as well as add more charges. (Radio Dabanga)

ICC Prosecution Witness testifies about treatment in witness protection: An ICC prosecution witness, referred to as Witness 800, states how he considered recanting his statement for the prosecution in a trial due to the treatment by protection officers. An individual, referred to as person 19, told him about an offer from another individual, referred to as person 7. Witness 800 considered taking the offer because the amount of money his family received was not enough to support them. This is not the first instance of witness interference in the trial against Deputy President William Samoei Ruto and former journalist Joshua arap Sang who both face three counts of crimes against humanity. (AllAfrica)

HRW says Israeli’s demolition of Palestinian homes could be war crime: On 22 November 2014, Human Rights Watch called upon Israel to stop its practice of demolishing Palestine terrorists’ homes. The NGO states that this practice unlawfully punishes those who did not commit terrorist acts and could constitute as a war crime. Three current houses have been slated for demolition, but the families have appealed. Mohammed Mahmud, the families’ lawyer, stated that their petition would be heard by an Israeli military court on Sunday. (Israel National News)

Nizami appeal filed and Mobarak verdict expected at ICT Bangladesh: Mobarak Hossain, alleged Razakar commander, has his verdict coming out on Monday for his trial. Mobarak stands accused of crimes against humanity during the Liberation War. The prosecution sought the death penalty at the end of trial in May. Motiur Rahman Nizami, Jamaat chief, has appealed his verdict from the ICT to the Appellate Division of the Supreme Court. Nizami was sentenced to death for crimes against humanity during the 1971 Liberation War. Nizami is seeking acquittal from all war crimes charges. (Dhaka Tribune) (for additional information click here)

ICC conduct official visit to Bulgaria: Prosecutor General of the Republic of Bulgaria, Mr Sotir Tsatsarov, invited ICC officials for an official visit to Bulgaria to meet with high-level Bulgarian representatives. ICC officials included President of the ICC, Judge Sang-Hyun Song, ICC Prosecutor, Mrs Fatou Bensouda, and ICC Judge Ekaterina Trendafilova. Bulgarian officials repeated Bulgaria’s commitment to the ICC and international criminal justice. (International Criminal Court)

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21 November 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor considers charges against ISIS fighters: Fatou Bensouda, ICC prosecutor, is considering pressing charges for war crimes and crimes against humanity against Islamic State jihad fighters. Bensouda stated in an interview that many of these fighters are from countries that are party to the Rome Statute, meaning the ICC would be able to press these charges. Both European and Arab nations have aided the ICC with files and documents on potential ISIS recruits. Bensouda has also acknowledged the difficulty and safety concerns that would come with investigating crimes in countries occupied by the Islamic State. (Jurist)

San Marino ratifies ICC crime of aggression amendments: On 14 November 2014, San Marino ratified the 2010 amendments to the Rome Statute concerning the crime of aggression. San Marino is the nineteenth state to ratify the amendment. The ICC will officially be able to issue charges over the crime of aggression once thirty states ratify the amendments. Once thirty states ratify, the amendments will be an active portion of the Rome Statute and give the ICC jurisdiction over the crime. (International Criminal Court)

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20 November 2014 – NEWS ABOUT THE COURTS

Khieu Samphan Defense misses ECCC deadline to end boycott: On Monday, 17 November 2014, ECCC judges gave Khieu Samphan until 4:30 p.m. Tuesday, 18, November 2014, to end the boycott of his defense team in Case 002/02 or else face expedited proceedings.  Samphan has apparently ignored this order and has not withdrawn instructions to his defense team to boycott proceedings.  Samphan defense counsel Anta Guisee stated that “It’s not a whim from his part to annoy the Trial Chamber but a urge to be able to defend himself properly.”  (The Cambodia Daily).

Jamaican Judge Robinson elected to the bench at ICJ: The ICJ has elected Jamaican Judge Patrick Lipton Robinson to serve a nine-year tenure beginning February 2015. Judge Robinson’s election followed several rounds of voting in which the Security Council and General Assembly were deadlocked.  Judge Robinson consistently received more than 2/3 majority votes in the General Assembly while Argentina’s Susana Ruiz Cerutti, who withdrew last Wednesday, received the majority in the Security Council.  Judge Robinson is the first Jamaican and second Caribbean person to serve on the Court.  (For additional information on this topic, please click here) (StabroekNews.com, Jamaica Observer).

FIDH concerned by effect ICC reforms will have on victims’ participation: The International Federation for Human Rights submitted comments to the ICC relating to proposals for changes to the Registry’s structure and managerial framework.  While supporting the Registry in its initiative for improvement, the FIDH is concerned that the reform process “may fundamentally affect the rights of victims to participate and obtain legal representation.”  Specifically, the FIDH notes that the reform could, among other things, deprive victims of external independent counsel and prevent sufficient victim/counsel contact.  (FIDH).

ICTY spokesman says Chamber can monitor Seselj’s actions while released:  ICTY spokesperson Magdalena Spalinska said the Tribunal retains discretion to take suitable action over the provisional release of former Serbian leader Vojislav Seselj.  Seselj was granted provisional release earlier this month on the condition he not interfere with victims or witnesses and he return to the Tribunal if summoned.  Last week, Seselj made public appearances which could be seen as interfering with victims and witnesses.  (B92).

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18 November 2014 – NEWS ABOUT THE COURTS

Twelve Bosnian Serbs arrested for alleged crimes against humanity: Bosnian officials arrested 12 individuals Monday suspected of committing crimes against humanity during the country’s 1992-95 war. The arrests come after authorities recently unearthed a Tomascia mass grave near Prijedor where the remains of 1,000 victims have been found since the end of the war. (Reuters).

ICTY Prosecution will not appeal Seselj release: The Serbian Radical Party leader has been in the custody of the ICTY for nearly 12 years. His recent release comes as little surprise given the seriousness of his cancer and the failure of the ICTY prosection to move his trial along. The ICTY prosecutor chief has stated that the delays in the trial are not justified and it was never the intention of the tribunal that the trial would last as long as it has at this point. (b92). 

Gbagbo Trial date set for next July: The former President of Ivory Coast, Laurent Gbagbo, faces charges of murder, rape, attempted murder and persecution. It is estimated that 3,000 people were killed in a civil conflict after he refused to accept an election result. Gbagbo’s trial for crimes against humanity is set for 7 July of next year. (For additional information on the topic, please click here.) (ICC, BBC).

Lubanga Appeal Decision expected in December: Thomas Lubanga Dyilo was convicted of committing, as co-perpetrator, war crimes consisting of conscripting children under the age of 15 years to participate in an armed conflict. A decision in connection with his recent appeal of the verdict will be issued 1 December 2014. (ICC).

HRW alarmed at increasing influence for Egypt Military Courts: President al-Sisi of Egypt has extended the reach of the country’s military courts amongst protestors and other government opponents. Those close to the situation in Egypt view the decree as a step backward toward a more free society.

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14 November 2014 – NEWS ABOUT THE COURTS

Seselj’s arrival in Belgrade brings mixed reactions, and visit from ICTY Prosecutor: On Wednesday, 12 November 2014, former Serbian leader Vojislav Seselj arrived in Belgrade, Serbia, in order to receive treatment for colon cancer after being granted provisional release by ICTY judges. Seselj’s provisional release is conditioned on him not interfering with victims or witnesses and returning to the tribunal if summoned. Hundreds of supporters welcomed Seselj, while others, like the victims from Bosnia, have found the provisional release to be a shame. ICTY Chief Prosecutor Serge Brammertz is scheduled to visit Serbia next week. (For additional information on this topic, please click here) (CTV News, InSerbia Network Foundation).

ECCC contemplates temporary “friends of the court” to resolve defense boycott: A confidential email has been reportedly sent by the ECCC’s Defence Support Section to potential lawyers seeking their availability to temporarily replace the international defenders for Khieu Samphan and Nuon Chea. It has been suggested that the ECCC appoint temporary lawyers as “friend[s] of the court” in order to continue proceedings in Case 002/02 despite ongoing boycotts by the international defenders. Existing Samphan defender Kong Sam Onn considers such efforts of replacement to be a “breach of the professional code of conduct of lawyers.” (The Phnom Penh Post).

Libya refuses to transfer Saif Gaddafi to the ICC: The Libyan government did not surrender Saif Gaddafi to the ICC stating “the security conditions that are currently taking place in Libya . . . led to the decision to postpone the meetings so that it can directly consider what circumstances are appropriate for ensuring a fair trial . . . .” ICC Chief Prosecutor Fatou Bensouda issued a report on Tuesday, 11 November 2014, urging the Libyan government to comply with the ICC’s order requiring the transfer of Gaddafi. (For additional information on this topic, please click here) (Middle East Monitor, Aljazeera).

Rwanda investigating BBC for genocide denial: The BBC is being investigated for genocide denial by Rwanda’s Chief Prosecutor Martin Ngoga and a special Rwandan commission. Previously, U.S. attorney Peter Erlinder and Rwandan political prisoner Victoire Ingabire were investigated and indicted by Ngoga for genocide denial. (Global Research).

Int’l Prosecutors pass resolution to ensure accountability: A resolution stressing the importance of accountability in international justice, peace and security was adopted at the 7th Colloquium of International Prosecutors on 4-5 November 2014. The resolution, crafted with the help of international and national prosecutors, international court representatives, academic institutions and human rights organizations, also urges the international community to provide support to the international courts. The resolution marks the 20th anniversary commemoration of the establishment of the ICTR. (All Africa).

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12 November 2014 – NEWS ABOUT THE COURTS

ICC confirms charges against all suspects in Bemba contempt case: ICC judges have confirmed charges of offenses against the administration of justice against Jean-Pierre Bemba Gombo, Aime Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidele Babla Wandu and Narcisse Airdo. The charges are in connection to witness testimony, such as influencing witnesses, bribery and providing false testimony, in the case against Bemba from 2011 to 2013. The five suspects are committed to trial. (ICC).

Bensouda warns UNSC of security situation in Libya, and HRW writes to OTP: The ICC Chief Prosecutor warned the U.N. Security Council this week that the deteriorating security and political situation in Libya has “significantly hampered [the Prosecution’s] ability to effectively investigate in the country.” Chief Prosecutor Fatou Bensouda also called on the government of Libya to surrender to the ICC the son of former Libyan leader Muammar Gaddafi, Saif Al-Islam Gaddafi, and to closely monitor the developments in the case against Gaddafi’s former intelligence chief Abdullah Al-Senussi. It was found that Al-Senussi could receive a fair trial and Libya was able and willing to conduct the trial. (For additional information, please click here) (UN News Centre, Human Rights Watch).

Closing arguments begin in Bemba case: On Wednesday, 12 November 2014, ICC Prosecutors urged the Court in closing arguments to convict Jean Pierre Bemba for war crimes and crimes against humanity, including murder, rape and pillaging. Specifically, Bemba’s troops are accused of “barbarity” in the Central African Republic. Lawyers for Bemba, who has pleaded not guilty to the ICC charges, claim his troops were under the authority of Central African Republic authority when the crimes were committed. (Capital News).

HRW says Mali peace agreement must include provisions on justice and accountability: Human Rights Watch has weighed in on the military and political crisis in northern Mali. Senior West Africa researcher Corinne Dufka said the final agreement between the Malian government and armed groups involved in the conflict “should include provisions to support the prosecution of war crimes, strengthen the truth-telling commission, and ensure the vetting of security force personnel.” Human Rights Watch had previously researched and documented the alleged war crimes committed during the 2012-2013 armed conflict between Malian soldiers and armed opposition groups. (Human Rights Watch).

Fair trial in Chad called for of Habre’s former security officers: On Monday, 10 November 2014, Human Rights Watch called for the “fair and transparent” trial of over 25 security agents in Chad accused of murder, torture, kidnapping, arbitrary detention and assault and battery. The special court in Chad is charged with prosecuting those most responsible for serious violations of international law committed during Habre’s rule from 1982 to 1990. (Jurist).

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