Archive for category Ivory Coast
Court/Tribunal: International Criminal Court
Decision Title: Fourth Decision on the Review of Laurent Gbagbo’s Detention Pursuant to Article 60(3) of the Rome Statute
Chamber: Pre-Trial Chamber I
Case Name: Prosecutor v. Laurent Gbagbo
Date: 11 November 2013
- Citing concerns over the defendant’s ongoing health issues, the Chamber postponed a final decision on granting Mr. Gbagbo conditional release until it has received a report detailing the defendant’s health requirements.
Principles found in decision:
- A Chamber may order provisional or conditional release of a defendant if changed circumstances so warrant. A sufficient changed circumstance is a change in the facts relied upon in issuing the original detention order, or the introduction of new facts that the Court feels warrants a modification of its preexisting detention order.
- In reviewing a detention order, the Court will only analyze claims showing changed circumstances, and will not revisit arguments made in previous submissions pertaining to the defendant’s detention.
- The Court found that specific facts regarding the release of political prisoners in the Cote d’Ivoire did not per se change the grounds upon which the defendant was detained, but rather was a fact supporting the general conclusion that the security situation in the Cote d’Ivoire has improved
- The improved security situation in the Cote d’Ivoire is a changed circumstance that impacts the grounds upon which the defendant has been detained
Decision Background: On 23 November 2011, the Court issued an arrest warrant against Laurent Gbagbo. Mr. Gbagbo was surrendered to the custody of the Court on 30 November 2011. In May 2012, the defense submitted a request for the defendant’s provisional release, which the Court rejected on 13 July 2012. The Court rejected a second request for conditional release based upon concerns for the defendant on 18 January 2013. The hearing on the confirmation of the charges was held from between 19 and 28 February 2013. The defense made a third request for defendant’s provisional release, which was denied by the Court in July 2013. On appeal in October 2013, the Appeals Chamber affirmed that denial.
On 31 October 2013, the defense submitted additional observations regarding facts relevant to a potential conditional release for the defendant, and again requested that the Court revisit the issue.
Decision Review: The defendant’s main contention in its fourth request for his conditional release argues that new circumstances and facts have occurred that impact the basis on which his previous requests were denied. Specifically, the defense contends that the government of the Cote d’Ivoire has been advancing a reconciliatory policy vis-à-vis Gbagbo’s former opposition group, the FPI, that the government has engaged in talks with that group, and that as part of this reconciliatory policy, several senior FPI leaders have been released from the government’s custody.
The defense also noted that the situation in the Cote d’Ivoire has improved such that 10,000 refugees stationed in Liberia have since returned to the country. The defense noted that the Ivorian government has seen provisional release as a possibility, and thus no longer sees the defendant as a danger. The defense maintained that in this period of transition to peaceful dialogue between the FPI and the government, the Court must support the peace process currently afoot in the country, and must not take steps that would undermine that progress. The defense maintained that the Court must make account of the changed circumstances in the country when reassessing the defendant for provisional release. The defense also objected to the Prosecution’s contention that the fact that the defendant still has political supports in the country requires his continued detention. The defense argued that the Prosecutor has not presented any new evidence showing any risks inherent in allowing the release, and argued that the evidence used by the Prosecutor in her arguments was old, outdated, and did not reflect current circumstances. Finally, the defense renewed its concerns over the effects of continued detention on Mr. Gbagbo’s health.
The prosecutor in response argued that no new factual situations have arisen since the July 2013 that change the basis upon which release was denied. The prosecutor maintained that pursuant to the findings in those decisions, Mr. Gbagbo should remain in custody. The OPVC filed a motion in agreement with the Prosecutor, maintaining that no factual circumstances have changed that would justify Mr. Gbagbo’s provisional release.
Under Article 60(3), the Chamber must review an order of release or detention every 120 days. Under that provision, the Court may modify or repeal the order of detention or release, if changed circumstances so warrant. A “changed circumstance” means a change in some or all of the facts relied upon in issuing the original decision on detention or release, or the introduction of a new fact that the Chamber believes warrants a modification of its preexisting order. In reviewing submissions requesting that the Court repeal or amend its prior order, the Court will only look to arguments alleging changed circumstances, and will not reanalyze and reiterate arguments made in previous submissions and previous decisions.
Pursuant to these strictures, the Chamber limited itself to the review of claims relating to the alleged changed security situation in the Cote d’Ivoire. The Court noted that all parties were in agreement that the security situation has in fact improved. The Court rejected the defendant’s argument, however, that the fact that a number of FPI leaders have been release, per se impact the grounds upon which the defendant’s continued detention rests. The Court determined that this fact rather supports the more general conclusion of an improved security situation in the country. The Court determined that an improved security situation is a “changed circumstance” upon which a reevaluation of the detention order is warranted.
The Court determined that the improved security situation in the country, along with an absence of evidence that the defendant has attempted to continue to conduct criminal behavior from his place of detention, suggest that his continued detention for security reasons is no longer necessary. However, the Court determined that these changed circumstances do not address the Court’s alternative reason for holding Mr. Gbagbo, namely the danger of his tampering with or obstructing the investigation or court proceedings. Thus the Court determined that continued detention would be necessary. The Court noted, however, its continuing obligation under Article 58(1)(b) of the Statute to explore the possibility of conditional release for the defendant, if sufficient conditions can be imposed upon the release to militate against the risks posed by release.
Noting ongoing concerns with Mr. Gbagbo’s health, the Court decided to postpone a decision upon the possibility of conditional release for the defendant. The Court determined that it needs information regarding the defendant’s health-related needs and treatment requirements, before it can look into factors – such as a potential, adequate location of release – regarding granting provisional release. The Court therefore ordered the Registry and the Defense to submit, by 2 December 2013, a report on progress made towards determining the defendant’s health-related requirements. The Chamber stated that once the process of obtaining the necessary information on the defendant’s health has been completed, it will review the possibility of conditional release.
To access the full Decision, click here.
Security Council split on ICC deferral: The U.N. Security Council is split over whether to delay the ICC cases against Kenya’s sitting heads of state. Last week, the 15 state parties met to discuss an AU backed resolution calling for a deferral to allow President Uhuru Kenyatta and Deputy President William Ruto time to fulfill their executive duties at home. Experts opposed to the resolution argue a postponement may defer justice for victims. The U.N. Security Council is expected to vote this week on whether to approve the deferral. (All Africa).
Ivory Coast party seeks release of former President: The Ivorian Popular Front has officially requested the ICC release former President Laurent Gbagbo from custody. The opposition political party claims Gbagbo is being illegally detained after the ICC failed to present sufficient evidence of wrongdoing. The party’s organizer demanded the former President return to the Ivory Coast to “reconcile the people.” For the past two years, Gbagbo has been held in The Hague on charges of crimes against humanity for his participation in the 2010 post-election violence. (All Africa).
Kenya attacks planned after 2007 election, says ICC witness: A prosecution witness testified last week that members of the Orange Democratic Movement, a political party supported by ICC indictee William Ruto, planned attacks against the rival Party of National Unity. The protected witness told judges members of the Orange Democratic Movement stocked bows, arrows and rocks “with the objective of forcibly expelling” people of a differing ethnic group from their communities once the 2007 presidential election results were announced. Ruto, alongside co-accused Joshua arap Sang, is charged with inciting and ordering attacks that killed and displaced thousands of civilians after the party he supported was defeated in the election. (All Africa).
ICC judges call witness for Bemba trial: A judge ordered witness is expected to testify in the trial of Jean Pierre Bemba at the ICC on 18 November 2013. The evidence to be presented by the witness has not been disclosed, however, the individual has been “repeatedly mentioned” by other participants during the proceedings. The witness will first be examined by the judges. The prosecution, victim representatives and defense will then each have an opportunity to question the witness on relevant issues, as well as evidence that concerns credibility and mitigating or aggravating circumstances. The former Vice President of the DRC is charged with crimes against humanity and war crimes. (All Africa).
UN address ICC issues, including Kenya deferral and Sudan’s outstanding warrants: On Thursday, 31 October 2013, ICC President Sang-Hyung Song updated the UNGA on the workings of the Court, including the Kenya, Libya, Sudan and Ivory Coast cases. He asked all ICC stakeholders to uphold the integrity of the Rome Statute, and particularly highlighted the support needed from the UN to address the outstanding warrants in Sudan against the four individuals charged with committing genocide in Darfur. In a separate meeting, the UNSC representatives from Kenya and the AU were addressing the ICC concerning the possibility of deferring the ICC cases against President Uhuru Kenyatta and Deputy President William Ruto for one year. Under Article 16 of the Rome Statute, a prosecution can be deferred for up to 12 months by a resolution of the UNSC under Chapter VII of the UN Charter. (To read more about this topic, please click here.) (The Star, UPI).
Serbia to receive positive report from ICTY: Rasim Ljajic, the president of the National Council for the ICTY Cooperation, will mention Serbia’s cooperation with the ICTY in a report he will deliver to the UN in December, specifically referring to Serbia promptly delivering documents and allowing access to witnesses and archives. Ljajic met with ICTY prosecutor Serge Brammertz on Monday, 4 November 2013, and he met with Serbian prime minister Ivica Dacic and the chief Serbian prosecutor Vladimir Vucicevic on Tuesday, 5 November 2013. Ljajic and Brammertz discussed placing individuals sentenced by the ICTY into Serbian prisons, a possibility the Tribunal had previously declined. (World Bulletin).
Witness testifies that Karadzic was a weak leader: Former Bosnian Serb leader Radovan Karadzic’s trial resumed this week, with Karadzic’s former aide Jovan Zametica testifying that Karadzic had not had effective control over his army. Zametica joined the Republika Srpska (RS) in 1993 and became an advisor to Karazdic in 1994. He testified that Karadzic had been a weak leader of the RS; his army had apparently been disobedient, he had allowed local chieftains to make important decisions, and he had simply been a representative leader to the international community. He also asserted that Karadzic had been tolerant of non-Serbs, as shown by the fact that Zametica is a Muslim. Karadzic is charged with genocide before the ICTY. (Institute for War & Peace Reporting).
ICTR will help Rwanda with transferred genocide cases: The ICTR has promised to help the Rwandan National Prosecution Authority with the genocide cases the ICTR has transferred to Rwanda. ICTR prosecutor general Hassan Bubacar Jallow explained that although the work of the ICTR is winding down, it will continue to support the Rwandan prosecution to ensure that the cases are handled successfully and that the genocide suspects, many of whom have fled to France, are caught and prosecuted. Jallow, ICTR President Judge Vagn Joensen, and several senior officials from the ICTR are currently in Rwanda and will meet with the supreme court judges and Minister of Justice Johnston Busingye to review ICTR procedures. (Rwanda Focus).
MICT is tracking “big fish” wanted for Darfur genocide: Jallow announced on Monday, 4 November 2013 that three of the most wanted suspects for the genocide in Darfur will likely be caught soon, because the Mechanism of the International Criminal Tribunals (MICT) was able to obtain information that could lead to their arrest. The three fugitives are Felicien Kabuga, who allegedly financed the genocide, Protais Mpiranya, the former Presidential Guards commandant, and Augustin Bizimana, the former defense minister. Referred to as “big fish”, their cases would be handled by the MICT, as opposed to being transferred to Rwanda. (The New Times).
STL fines defense in Hariri case: Earlier this week, the STL fined defense lawyers for making “frivolous” appeals in order to delay the start date of the trial concerning the assassination of former Lebanese Prime Minister Rafic Hariri. The defense appealed the appointment of Judge Janet Nosworthy, who replaced the former president of the trial chamber upon his resignation in September, which was deemed a “frivolous” delay tactic by the Court. The defense also asserted that it needs more time to prepare for trial due to the high volume of evidence in the case, and that Lebanon was not cooperating in assisting the defense’s investigations. The Court did not reveal how much the defense was fined. (The Daily Star).
British MPs call executions in Iran crimes against humanity: British MPs have declared that the execution of 16 political prisoners on 4 October 2013 in Zahedan, Iran is a crime against humanity, and are calling on the UN to investigate these events. The British Parliamentary Committee for Iran Freedom stated that Mohammad Marzieh, the prosecutor general of Zahedan, had confirmed that the prisoners had been executed because they had killed revolutionary guards in Saravan. The committee also noted, however, that Hedayatollah Mir-Moradzehi, Saravan’s representative in the Iranian Parliament, stated that it was still unclear who had killed the revolutionary guards. The committee recommended that the UN Security Council and the UN Human Rights Council review the events. (Foreign Affairs Committee of the National Council of Resistance of Iran).
ICC rejects Gbagbo’s appeal against pretrial detention: On Tuesday, 29 October 2013 the ICC announced that former Ivory Coast President Laurent Gbagbo must remain in custody until he is tried, rejecting his appeal against his continuous pretrial detention in The Hague. Gbagbo has been in custody for almost two years, and his indictment has not been confirmed; it is still unclear whether he will stand trial. Gbagbo is charged with committing crimes against civilians following the 2010 Ivory Coast elections. (The Associated Press).
U.S. plans to aid Uganda in its search for Kony: The U.S. is reportedly increasing efforts to catch Joseph Kony by possibly stationing Osprey aircraft in Uganda. Such aircraft fly like planes but are capable of landing like helicopters, which would significantly aid African and U.S. troops in searching for Kony. This would also double the number if U.S. troops stationed in Uganda, which is leading the search for Kony. Kony, the commander-in-chief of the rebel group the Lord’s Resistance Army (LRA), and three other LRA leaders have been indicted by the ICC for crimes against humanity and war crimes. The LRA fought the Ugandan government for 20 years, and is allegedly responsible for killing and kidnapping civilians from villages, many of whom were children. (Voice of America).
Chowdhury appeals death sentence handed down by ICT: On Tuesday, 29 October 2013, Salauddin Quader Chowdhury’s defense lawyer filed an appeal with the Supreme Court against the death penalty awarded by with the International Crimes Tribunal (ICT), which had sentenced Chowdhury to death by hanging on 1 October 2013 for the torture, murder, and genocide he committed during the 1971 Bangladesh Liberation War. Chowdhury was a Standing Committee member of the Bangladesh Nationalist Party. (Dhaka Tribune).
STL holds pre-trial conference in Hariri case: On Tuesday, 29 October 2013, the Trial Chamber of the Special Tribunal for Lebanon (STL) is holding a pre-trial conference concerning the case against four Lebanese individuals indicted for assassinating former Lebanese Prime Minister Rafiq Hariri and killing 21 others in a 2005 terrorist attack in Beirut. The conference is meant to help shift the case from the pre-trial to the trial stage, and will be open to the public. This is the first time the Trial Chamber has held such a meeting. The case was transferred from the Pre-Trial Chamber to the Trial Chamber, and the trial is set to begin on 13 January 2014. (Kuwait News Agency).
ICC reverses ruling excusing Ruto from attending his trial: The appeals chamber of the ICC ruled on Friday, 25 October 2013 that Kenyan Deputy President William Ruto can only be excused from attending his trial under “exceptional circumstances”, reversing the earlier ruling which had excused Ruto from attending much of his trial. The appeals chamber noted that Ruto may only be excused from attending when judges have considered all other alternatives and it is “strictly necessary”, since Ruto is “not merely a passive observer of the trial but an active participant”. Decisions on whether Ruto will be excused from certain parts of his trial will therefore be made on a case-by-case basis. (Sabahi).
AU decision to defer Kenyatta, Ruto, and Bashir trials draws mixed responses: In support of the AU urging the ICC to defer the trials of Sudanese President Omar al-Bashir, Kenyan President Uhuru Kenyatta, and Kenyan Deputy President William Ruto, Ethiopian representatives said that heads of state should not be prosecuted while they are still in office and that Ruto and Kenyatta’s cases should be referred to Kenyan domestic courts, whereas approximately 142 African human rights and activist groups urged AU leaders to support the ICC on Monday, 14 October 2013. Former UN Secretary-General Kofi Annan and Archbishop Desmond Tutu have also voiced their support for the ICC. Kenyan Senator Kipchumba Murkomen, who had initiated Kenya’s withdrawal from the ICC, called on Kenya’s majority leader this week to introduce a measure to ratify the AU’s deferment decision. According to AU protocol sources, 14 heads of state from Uganda, Ethiopia, Somalia, Kenya, Sudan, Djibouti, Tanzania, Rwanda, Namibia, South Africa, Zimbabwe, Gambia, Côte d’Ivoire, and Nigeria were present at the summit. (Daily Trust, Voice of America, Business Day). For more information on this topic, please click here and here.
France speaks out against deaths of UN-AU forces in Darfur: On Monday, 14 October 2013, French authorities called on the Sudanese government to investigate an attack that killed three Senegalese soldiers serving in the UN-African Union peace force (UNAMIS) on 13 October 2013, and the murder of a Zambian UN-AU soldier in Western Sudan on 11 October 2013. The French government also urged the Sudanese government to bring those responsible for the deaths to justice, commented on the deteriorating state of security in Sudan, and asked the parties fighting in Darfur to adopt the agreement made in Doha several years ago. (Kuwait News Agency).
STL announces indictment against fifth Hezbollah suspect in Hariri assassination: On 10 October 2013, the STL lifted the confidentiality order on its indictment against Hezbollah member Hassan Habib Merhi, who has been indicted as the fifth suspect in the 2005 assassination of former Prime Minister Rafik Hariri. The STL stated that an arrest warrant and indictment for Merhi were delivered to the Lebanese government in August and that Merhi’s trial will be conducted separately from the trial of the four suspects previously indicted. None of the five witnesses, who are charged with involvement in the 2005 Beirut attack, have been arrested. (The Daily Star).
Taylor fears he could be killed in UK jail: In a letter to the Special Court for Sierra Leone, former Liberian President Charles Taylor justified his request to serve his 50-year sentence in a Rwandan jail by expressing concern that he could be seriously injured or killed by fellow inmates in a UK jail. He fears that inmates of West African and specifically Sierra Leonean descent would seek retribution against him in jail, referencing General Radislav Krstić, who was convicted by the ICTY and attacked by three inmates in a UK jail in 2010. He also cited the lower cost of Rwandan jails and the cost of travel a UK jail would impose upon his family. The request was denied; the court can only send prisoners to states with which it has an enforcement agreement. (The New Dawn).
Rwandan genocide suspect claims he does not understand Rwandan language: Since former MRND Secretary General Bernard Munyagishari’s transfer to Rwanda by the ICTR in July, he has been attempting to have his trial conducted in French rather than the Rwandan language Kinyarwanda, which he claims he does not understand. Relying on a 1982 judgment by the Appeals Court of Ruhengeri, in which Munyagishari was accused of rape and defended himself in Kinyarwanda, the ICTR denied his request. Léon Mugesera, a former Rwandan politician who had also been transferred to the ICTR, was denied the same request last year, because the court had wanted to analyze his 1992 speech concerning the genocide in its original language of Kinyarwanda. Munyagishari is accused of committing genocide in Gisenyi, and an appeal concerning his right to an interpreter is currently pending. (Hirondelle News Agency).
WikiLeaks founder sparks potential suit between Ecuador and Britain: It has been reported that Ecuadorian Foreign Minister Ricardo Patino is contemplating whether to bring action against Britain in the ICJ. Patino alleges the British government has continuously erred in denying WikiLeaks founder Julian Assange travel to Ecuador after his successful asylum application last year. Patino claims Britain is purposely delaying resolution of the case and this setback is negatively effecting Assange’s health. The WikiLeaks founder has been confined this past year to one room in Ecuador’s London embassy. (RT).
Kenyatta seeks trial via video link at ICC: On 9 October 2013, Kenyan Foreign Minister Amina Mohamed requested the ICC conduct proceedings in the case against President Uhuru Kenyatta by video link. Amina stressed the need for the sitting head of state to be present in Kenya, especially during the country’s present instability. To date, the ICC has twice denied Kenyatta’s motions to be absence from the Hague. The trial for charges of crimes against humanity following Kenya’s violent 2007 election is expected to begin next month. (BBC News Africa).
Protestors swarm ICC at Gbagbo hearing: Ivorian supporters of former President Laurent Gbagbo protested in The Hague on Wednesday, 9 October 2013. Chants repeating ”Gbago is the President of Ivory Coast. We shall camp here till he is released” and “Feedom Gbagbo” were heard outside the ICC during the former President’s hearings. Gbagbo faces charges of crimes against humanity for his alleged role in the 2010 Ivory Coast presidential election. (Standard Digital).
Bangladesh ex-minister gets life sentence: Former Minister of the Bangladesh Nationalist Party Abdul Alim has been sentenced to life in prison by the ICT this week. Tribunal Justice Obaidul Hassan noted the sentence would have been death absent Alim’s “poor health condition and disability.” Alim was found guilty of genocide and crimes against humanity for offenses committed during the 1971 Bangladesh Liberation War. (The Hindu).
AU to consider withdrawing from Rome Statute at summit this week: AU member states will consider passing a resolution to withdraw from the Rome Statute at a summit beginning on Friday, 11 October 2013 in Addis Ababa, which, if passed, would be advisory and AU member states would then domestically consider withdrawal. Sudanese President Omer Hassan al-Bashir, who has been indicted by the ICC for genocide, will travel to Ethiopia on Friday in order to convince other AU member states to withdraw from the ICC. Tunisian President Moncef Marzouki declared earlier this month that Tunisia would boycott the meeting, because he supports the ICC’s prosecution of African leaders accused of international crimes. Botswana has also voiced its support of the ICC, and South Africa, Nigeria, Ivory Coast, and Zambia have also affirmed that they do not plan to withdraw from the Rome Statute. On Monday, 7 October 2013, former UN Secretary General Kofi Annan publicly supported the ICC, rejecting the argument that the ICC has been too focused on crimes occurring in Africa and explaining that he considers the ICC to be a court of last resort that is best equipped to address international crimes. Approximately 130 groups across Africa have backed the ICC, and have been urging AU member states to refrain from withdrawing from the Rome Statute. (Sudan Tribune, Voice of America, The New Age). (For more information on this topic, please click here, here, and here).
Second witness in Ruto trial testified to ODM command structure: The second witness in the trial against Kenyan Deputy President William Ruto testified before the ICC on Monday, 7 October 2013, explaining the command structure within the Orange Democratic Movement (ODM) leading up to the 2007 elections. The witness testified that ODM’s Pentagon had consisted of Odinga, Ruto, former Deputy Prime Minister Musalia Mudavadi, former Minister Joe Nyagah, Mining and Tourism Secretary Najib Balala, and Lands, Housing and Urban Settlements Secretary Charity Ngilu. Ruto and former ODM Chairman Henry Kosgey had led the ODM campaigns in the Rift Valley. Ruto has been charged with committing crimes against humanity in the post-election violence in Kenya in 2007/2008. (All Africa).
Extradition case against Kenyan journalist wanted by ICC began Monday: The extradition case against the Kenyan journalist Walter Barasa, for whom the ICC issued an arrest warrant last week, began on Monday, 7 October 2013. Attorney General Githu Muigai confirmed that the office of the Interior Cabinet Secretary received the arrest warrant from the ICC, and the case was ready for submission to the Kenyan judiciary on Monday. Chief Justice Willy Mutunga will appoint a judge to preside over this case, which is the first to be heard before the International Crimes Division (ICD) of the High Court of Kenya, an international crimes tribunal created in April. Barasa is charged with corruptly influencing ICC witnesses in the case against Deputy President William Ruto. (BERNAMA-NNN-KBC).
International Crimes Tribunal allows four witnesses in Nizami trial: On Monday, 7 October 2013, the International Crimes Tribunal of Bangladesh allowed the defense to produce four out of 25 witnesses in the case against Jamaat-e-Islami Ameer Motiur Rahman Nizami. Justice ATM Fazle Kabir explained that limiting the number of defense witnesses to four would allow for a fair trial. The defense had originally submitted a list of 10,111 witnesses to the court in July 2012, and upon objection by the prosecution, the defense shortened the list to 25 witnesses on 3 October, 2013. Nizami, a Jamaat leader, is charged with 16 counts of crimes against humanity and genocide allegedly committed during the 1971 Liberation War. (The Daily Star).
Nigerian human rights group to ask ICC to investigate recent killings: The Socio-Economic and Rights Accountability Project, a Nigerian Human rights group, said on Sunday, 6 October 2013 that it would petition the ICC to investigate the recent killings of students and teachers in northeast Nigeria as crimes against humanity. Suspected of the killings are Islamic militants from the Boko Haram terrorist network, which means “Western education is forbidden.” The group is accused of killing hundreds of civilians throughout three states in Nigeria, causing President Goodluck Jonathan to declare a state of emergency on May 14, 2013. He also initiated a military response in order to drive the suspected militants out of these areas. (ABC News).
ICT convicts Bangladesh opposition leader of war crimes, genocide: A senior leader of the Bangladesh Nationalist opposition party was found guilty of genocide by a special war crimes tribunal yesterday, 1 October 2013. Salauddin Quader Chowdhury, convinced the verdict was the product of the government’s influence, was sentenced to death for offenses committed during the 1971 Bangladesh Liberation War. To date, the ICT has convicted seven people. Each sentence has incited protests and riots from supporters of the opposition party. (Hindustan Times).
Pro-Gbagbo supporters react to Ble Goude arrest warrant: The ICC’s latest arrest warrant for Charles Ble Goude has sparked alarm among many supporters of former Ivorian President Laurent Gbagbo. Specifically, supporters, like former minister Kone Katinan, fear the ICC is impartial and only targeting pro-Gbagbo individuals. Katinan worries Ble Goude’s arrest warrant will trigger riots in an already unstable country. Ble Goude led then-President Gbagbo’s Young Patriots militia and is accused by the ICC of ordering attacks on the opposition. (Voice of America).
U.S. contributes $1 million to Extraordinary African Chambers: On 1 October 2013, the special criminal court in Senegal received one million dollars from the U.S. to try the case against former Chadian President Hissène Habré. Habré was charged by the Extraordinary African Chambers in July 2013 with crimes against humanity and war crimes committed during his 1982–1990 rule of Chad. The U.S. has publicly supported the Senegal court from its commencement, with former U.S. Secretary of State Hillary Clinton recently stating, ”[a]fter 20 years, the victims deserve justice and their day in court.” The U.S.’s contribution has been commended by human rights advocates across the globe and Senegalese politicians. (All Africa).
ICC unseals arrest warrant against Charles Blé Goudé: On Monday, 30 September 2013, the Pre-Trial Chamber I of the ICC unsealed an arrest warrant against Ivorian Charles Blé Goudé, which had initially been issued on 21 December 2011. Blé Goudé is accused of working with former Ivorian President Laurent Gbagbo in inciting pro-Gbagbo forces to attack civilian populations between December 2010 and April 2011, following the national election. Specifically, he allegedly controlled and instructed youth militias who were part of the Ivorian Defense and Security Forces and loyal to Laurent Gbagbo. Following the warrants of arrest for Laurent Gbagbo and the former first lady Simone Gbagbo, this is the third warrant of arrest the ICC has issued for individuals involved in the post-election conflict in Côte d’Ivoire. (CPI-ICC).
Special Bangladeshi war crimes court to give verdict on senior BNP leader: 16 months after the International Crimes Tribunal indicted senior BNP leader Salahuddin Quader Chowdhury on 23 charges of committing crimes against humanity during the 1971 Liberation War, the special war crimes court is set to deliver its verdict on Tuesday, 1 October 2013. The trial was conducted before a three-member tribunal, the chairman of which announced the delivery of the judgment. The prosecution noted that it could prove 17 of the 23 charges beyond doubt and was expecting Chowdhury to receive the death penalty, whereas Chowdhury’s defense counsel claimed that they were able to prove his innocence during the trial. Chowdhury is the second of two BNP leaders to be tried for war crimes, and he is specifically accused of killing 200 civilians, collaborating with the Pakistani Army to kill and torture people, persecution, and killing philanthropist and industrialist Nutun Chandra Singha. (IBN Live).
International criminal law experts push for special tribunal in Syria: A group of international war crimes experts calling for the creation of a conflict-specific war crimes tribunal in Syria will formally introduce the relevant draft statutes at the National Press Club in Washington on Tuesday, 1 October 2013. The special tribunal would serve to try high-level officials, rebels, and soldiers who may have committed war crimes during the Syrian civil war and aim to prevent such atrocities in the future. The statutes have been in development for about two years, and a spokesman for the drafters said that the U.S. is sympathetic to the creation of a Syrian war crimes court. While Sharif Shehadeh, a Syrian legislator and political analyst, expressed that the Syrian judicial system is adequate and a special court therefore unnecessary, the Free Syrian Army welcomes the idea of a special tribunal. Even though Syria is not party to the ICC, Human Rights Watch commented that the ICC would ensure a more fair trial of top-level officials than a special tribunal would. (The Associated Press).
Hearings in Bemba trial to be postponed: For reasons that have not been made public, the testimony of the fourth to last defense witness in the trial of Jean-Pierre Bemba at the ICC has been moved form Tuesday, 1 October 2013 to Wednesday, 2 October 2013. Due to his professional commitments, the witness is allowed to testify remotely via video link from an undisclosed location. Bemba is the former vice-president of the Democratic Republic of the Congo and leader of the Movement for the Liberation of Congo, and is charged with war crimes and crimes against humanity as commander of troops that allegedly committed atrocities against civilians during the 2002-2003 armed conflict in the Central African Republic. (The Trial of Jean-Pierre Bemba Gombo).
UNHRC issues warning of international investigation to Sri Lanka: In an oral report to the UN Human Rights Council on Wednesday, 25 September 2013, UN Human Rights Commissioner Navanethem Pillay warned that Sri Lanka could face an international investigation, unless the Sri Lankan government comprehensively scrutinized the human rights violations that were committed against the Liberation Tigers of Tamil Eelam during the Sri Lankan civil war. If such an investigation is not carried out by March 2014, she warned, the international community has a duty to intervene and examine the alleged war crimes. The report followed her visit to Sri Lanka in August, where she assessed that the Lessons Learnt and Reconciliation Commission appointed by President Mahinda Rajapaksa had not made progress in investigating the crimes committed against the LTTE, nor had Colombo initiated any new efforts to credibly examine the allegations. The Sri Lankan delegation to the UNHCR has rejected the report and international involvement. (World Socialist Website).
Kenyan MP supports suspension of ICC cases against Kenyatta and Ruto: Ken Kiloku, a member of parliament of Narok East, voiced his support to have the ICC trials against President Uhuru Kenyatta and Deputy President William Ruto suspended, citing insecurity and political instability in Kenya as a justification. He explained that the leaders should be given time to address security issues in Kenya, especially in light of the recent Westgate Mall terrorist attack. He also accused Fatuo Bensouda, the ICC chief prosecutor, of threatening the Deputy President of Kenya, asking her to respect the wishes of Kenyans. (The Star).
Posted by iclmediareview in Admissibility / Primacy, AU, Crimes against Humanity, Detention violations, Fair trial/Accused's rights, Gaddafi, Genocide, Human Rights Violations, ICC, Ivory Coast, jurisdiction, Kenya, News about the Courts, Ocampo, Other domestic courts, Rome Statute, Sudan, UN General Assembly, War Crimes on September 25, 2013
Ivory Coast will try former first lady in domestic courts: After declining to transfer Simone Gbagbo to the ICC—which had charged the former Ivorian first lady with murder, sexual violence, and other inhumane acts—the Ivory Coast government announced its intention to try Mrs. Gbagbo in a domestic court, as decided by a special cabinet meeting on Friday, 20 September 2013. The government stated it will file a request with the Registrar of the ICC concerning its intention to conduct a domestic trial. Simone Gbagbo, wife of the former Ivorian President Laurent Gbagbo, has been accused of genocide by her government. (Reuters).
Bashir reaffirms intention to attend UN General Assembly: On Sunday 22 September 2013, Sudanese President Omar Hassan al-Bashir confirmed his intention to attend this week’s UN General Assembly in New York, explaining that he was not worried about U.S. authorities arresting him and handing him over to the ICC. President Bashir confirmed that he had organized a flight via Morocco and booked a hotel in New York. However, no decision has been made by the U.S. authorities on President Bashir’s visa application. Though ICC member states are required to detain Bashir, the U.S. is not a Rome Statute member state and therefore is not obligated to transfer him to the court. In response to Bashir’s travel plans and visa request, former ICC Prosecutor Luis Moreno Ocampo urged U.S. President Obama to ensure Bashir’s arrest, and stated that the ICC does not grant immunity to heads of state such as Bashir. The ICC has issued two arrest warrants for President Bashir’s arrest for crimes including crimes against humanity, war crimes and genocide. (Tehran Times, Blouin News). (For more information on this topic, please click here).
Amnesty International visits Seif Gaddafi and Abdallah al-Senussi: Libyan authorities granted AI a meeting with Seif Gaddafi and Abdullah al-Senussi, after which AI demanded that both prisoners be handed over to the ICC. AI reported that they were not allowed a private meeting with Seif or access to view his detention facility during their 9 September visit and though they were allowed a private meeting with Senussi within Tripoli’s Al-Hadba prison on 12 September, Senussi informed AI that he had been denied access to a lawyer since his detention began in Libya in September 2012. AI’s visit preceded the referral of the case to the Indictment Chamber in Tripoli on 19 September 2013. Seif Gaddafi, son of Muammar Gaddafi, and Abdullah al-Senussi, intelligence chief and brother-in-law of Muammar Gaddafi, are imprisoned in Libya and awaiting trial for war crimes in connection with the 2011 Libyan uprising. Though Libya states its intention to conduct the trials domestically, the ICC has issued arrest warrants for both men for crimes against humanity and therefore retains jurisdiction of the cases. Libya has challenged the admissibility of both cases before the ICC asking that jurisdiction of the cases is transferred back to Libya from the ICC. (The Tripoli Post).
African leaders to discuss Kenya ICC cases and Rome Statute membership: Following Kenya’s decision to withdraw from the ICC earlier this month, the African Union called a special meeting for October 13, where the other 33 members of the AU will discuss whether or not they will remain members of the ICC. At this extraordinary session, the AU may also pass a resolution that would advocate to keep Kenyan President Uhuru Kenyatta from attending his trial, which is set to take place in November. The Kenyan government has passed a motion to withdraw from the ICC in response to the court charging Kenyan Deputy President William Ruto and President Uhuru Kenyatta with committing crimes against humanity on Kenyans after the 2007/2008 elections. (The Star).
Post by: Carolin Guentert