Archive for category Ivory Coast

6 November 2014 – NEWS ABOUT THE COURTS

Bensouda finds war crimes committed by Israeli on Mavi Marmara but closes investigation: The ICC closed its preliminary examination into the “31 May 2010, Israeli raid on the Humanitarian Aid Flotilla bound for [the] Gaza Strip.” The ICC found that, although there is a reasonable basis to believe war crimes were committed, the legal requirements to open an investigation under the Rome Statute have not been met. Lawyers for the Comoros government, the owner of one of the vessels Israeli defence forces intercepted, intend to apply to the ICC judges for review. The lawyers claim the “Prosecutor’s decision marks the first time a State referral by an ICC States Party has ever been rejected . . . without even initiating an investigation.” (ICC, Reuters) (For additional information on this topic, please click here).

UN Human Rights Council condemns human rights records of Egypt’s military government: Egypt’s human rights record was under scrutiny this week in Geneva. U.S. UN Human Rights Council representative Keith Harper found actions taken by the Egyptian government to violate free speech, peaceful assembly and fair trial rights. Harper also urged the Egyptian government to release political prisoners and investigate excessive force of protestors by security forces. Egyptian forces, on the other hand, insisted the government acted within the bounds of law and added the actions were taken in an effort to “combat terrorism.” (Middle East Eye).

ICC schedules Bemba closing arguments for 12-13 November: Closing arguments in the ICC case against Jean-Pierre Bemba have been scheduled for 12-13 November 2014. The Prosecution and Defence will be allowed three hours and Victims representatives will be allowed one and a half hours for closing arguments. Bemba is charged with rape, murder and pillaging for crimes committed in the Central African Republic in 2002 and 2003. (The Hague Justice Portal).

Amnesty reports “callous indifference” to civilians by Israel, but crimes on both sides: On Wednesday, 5 November 2014, Amnesty International released a report full of eyewitness testimony and expert analysis. The report found Israel committed war crimes and showed “callous indifference” to civilians during its 50-day war in the Gaza Strip. Furthermore, the report claimed Palestinian armed forces fired rockets into civilian areas. The report urged both Israel and Palestine to join the ICC so that the Court may prosecute the alleged crimes. Israel officials have openly dismissed the report, claiming Amnesty International was biased and failed to document war crimes by Palestine groups in Gaza. (International Business Times) (For additional information on this topic, please click here).

ICC Prosecutors seek joint trial of Gbagbo and Goude: Prosecutors seek to try former Ivory Coast President Laurent Gbagbo and former youth leader Charles Ble Goude together at the ICC. The former president faces crimes against humanity for his participation in the 2010 post-election violence in the Ivory Coast that left some 3,000 dead. Charges against Ble Goude are still pending. Ble Goude’s defence finds talks of joinder of the cases to be “wishful thinking.” (ABC News).

ICTY considering provisional release of Seselj for medical treatment: Former Serbian leader Vojislav Seselj may be granted provisional release and allowed to leave the Hague in order to receive treatment for colon cancer, said an ICTY filing released on Wednesday, 5 November 2014. ICTY presiding judge is examining temporary release “to avoid the worst-case scenario.” Serbian doctors recently treating Seselj believe his cancer has spread to his liver. (The News Tribune).

ICTY convict Sreten Lukic to serve sentence in Poland: A Polish court decided that former Serbian police chief Sreten Lukic will serve his 20-year term in Poland. Lukic was convicted of war crimes by the ICTY in February 2009, for crimes committed in Kosovo. The final decision will be made by the country’s justice minister. Poland and 16 other countries have pledged to accept ICTY war criminals. (Ahram Online).

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1 October 2014 – NEWS ABOUT THE COURTS

ICTY Karadzic trail closing statements: The ICTY heard closing arguments in the case against former Bosnian Serb President Radovan Karadzic this week.  UN prosecutor Alan Tieger stated Karadzic was responsible, along with others, for cleansing Bosnia’s Muslims and Croats from Serb-claimed territories. Karadzic, conducting his own defense, took responsibility for crimes committed by the Republika Srpska but denied being aware of the killings. Karadzic faces charges of genocide, crimes against humanity and violations of the laws or customs of wars for crimes committed during the 1992-1995 Bosnian conflict. (For more information on this topic, please click here) (Saudi Gazette, BBC News Europe).

ICTR confirms criminal responsibility and life sentence of Nzabonimana: On 29 September 2014, the ICTR Appeals Chamber confirmed a life sentence against Callixte Nzabonimana for conspiracy to commit genocide, direct and public incitement to genocide and extermination as a crime against humanity. The Appeals Chamber ordered Nzabonimana remain in the Tribunal’s custody until it is decided where the former Rwandan youth minister is to serve his sentence. (Hirondelle News Agency).

Public testimony ends at Ivory Coast Truth Commission: Tuesday, 30 September 2014, ended public testimony of at least eighty victims and perpetrators who spoke on the serious violations of international law committed following the 2000 presidential election in the Ivory Coast. The Ivory Coast truth commission was formed to investigate the bloody political violence after opposition leader Laurent Gbagbo was elected in 2000. (AFP).

ECCC accused appeal conviction and sentence: Defense for former leaders of the Khmer Rouge, Nuon Chea and Khieu Samphank, have appealed their life sentences for crimes against humanity for their roles in forced evacuations. The two ECCC accused denied the charges and argued the conviction was a miscarriage of justice. The second phase of the trial for genocide, forced labor and political purges is expected to being 17 October 2014. (For more information on this topic, please click here) (The Guardian, Phnom Penh Post).

ICC Judges reject Kenyatta request to skip status conference: ICC judges have rejected Kenyan President Uhuru Kenyatta’s request to miss the Court’s status conference because of conflicts. The ICC considered the status conference a “critical juncture” in the proceedings and requires the accused to be present. Kenyatta’s defense requested the status conference be rescheduled. (For more information on this topic, please click here) (All Africa).

 

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16 June 2014 – NEWS ABOUT THE COURTS

Charges confirmed against Ivory Coast’s Gbagbo:  The ICC has ordered Laurent Gbagbo, the former President of Cote d’Ivoire, to stand trial.  Gbagbo has been accused of masterminding the murder and rape of demonstrators in Abidjan, between December 2010 and April 2011.  At lease 3,000 people were killed during this period of violence.  (ICC, NYT, Reuters).  (For additional information about this topic, please click here, here.)

Sri Lanka War Crimes investigative team announced:  Navi Pillay has announced that Sandra Beidas will be coordinating the investigative team charged with probing into allegations of mass killings during the Sri Lankan civil war.  Beidas appears to be a somewhat controversial pick because of her expulsion from a UN mission in South Sudan amidst allegations of writing false reports about the conduct of the South Sudanese military.  The Sri Lankan government has yet to determine whether to allow the UN teams presence in the country.

Libya will pay victims reparations for rape:  A decree was issued during the middle of next week recognizing the mass rapes perpetrated during the 2011 Libyan revolution as war crimes.  Libya will pay rape survivors reparations.  In addition, those victims harmed during the reign of the Qaddafi regime will as lobe eligible for the compensation.

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25 March 2014 – NEWS ABOUT THE COURTS

UN may seek special tribunal on North Korea as alternative to ICC: On Sunday, 23 March 2014, a diplomatic source revealed that the UN is considering creating a special court to try North Korean leaders who have committed human rights violations against North Korean citizens. This would serve as an alternative to referring the issue to the ICC, a decision that would likely be vetoed by China. The creation of a court would occur by majority vote in the UN General Assembly. (Yonhap News Agency).

Libya announces trial date for former Gaddafi officials: On Monday, 24 March 2014, Libya announced that on 14 April 2014, 37 high-level aides of Muammar Gaddafi will be tried in domestic proceedings. Among those to stand trial are Seif al-Islam Gaddafi and Saadi Gaddafi, the two sons of Muammar Gaddafi; Abdullah Senussi, the former intelligence chief and brother-in-law of Muammar Gaddafi; and dozens of former aides of Muammar Gaddafi. Al-Islam Gaddafi and al-Senussi are wanted by the ICC for crimes against humanity allegedly committed in Libya in February 2011. The Pre-Trial Chamber of the ICC previously rejected admissibility of al-Saddafi’s case, and based on complementarity, decided that he should instead be tried by Libyan authorities. Furthermore, the Pre-Trial Chamber rejected the challenge to the admissibility of Al-Islam Gaddafi’s case, deciding that his case would be heard before the ICC. However, both decisions were appealed, the outcomes of which are outstanding. Both al-Islam Gaddafi and al-Senussi have complained that their due process rights have been infringed, alleging that they have been denied access to counsel by the Libyan government. They have not been appointed counsel. On 6 March 2014, Saadi Gaddafi was extradited to Libya, and is now joined in the case to be heard before Libyan domestic courts. (Middle East Online).

US sends military planes to assist in hunt for LRA leader Kony: The U.S. will be sending military planes and additional special forces to Uganda this week in order to increase the search for LRA leader Joseph Kony. The U.S. is also offering a $5 million reward for Kony’s capture, and had previously sent forces to the area in 2011 to assist African troops in the search for Kony. The ICC has charged Kony with war crimes, and he is wanted for human rights abuses; namely, abducting children and forcing them to become child soldiers. (BBC).

Former Ivory Coast Youth Minister Goudé transferred to the ICC: On Monday, 24 March 2014, Charles Blé Goudé, the former Ivory Coast Youth Minister and former leader of the pro-Gbagbo militia group “Young Patriots”, was transferred from Ivory Coast to the ICC. He had been arrested and extradited to Ivory Coast on 17 January 2014. He is charged with committing four counts of crimes against humanity during the post-election violence in Ivory Coast between 16 December 2010 and 12 April 2011. (Hirondelle News Agency).

Narcisse Arido makes initital appearance for ICC contempt proceedings: On 20 March 2014, Narcisse Arido, who was wanted by the ICC for offenses against the administration of justice allegedly committed concerning the case The Prosecutor v. Jean-Pierre Bemba Gombo, appeared for the first time before the Pre-Trial Chamber of the ICC. Arido is charged with corruptly influenced ICC witnesses, of which he was informed during the appearance. The Defense was also present at the appearance, and Arido was represented by his lawyer. The determination of whether these charges will be confirmed or rejected will not be made on the basis of a hearing, but solely on the basis of the parties’ written submissions. (CPI-ICC).

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24 March 2014 – NEWS ABOUT THE COURTS

Ivory Coast transfers ICC suspect to The Hague:  The former youth leader of the “Young Patriots” and right-hand man of Ivorian ex-president Laurent Gbagbo, Charles Ble Goude, has been transferred from Abidjan to the holding cells of the ICC. Ble Goude faces four counts of crimes against humanity which are alleged to have taken place during post-electoral violence in 2010-2011. (For additional information on this topic, please click here, here.) (Aljazeera, Reuters, Google News).

Mladic Defense requests that two genocide charges be dropped:  The Mladic Defence and Prosecution teams have completed their Rule 98bis submissions. The Defence asked that two genocide counts be dismissed, as well as a variety of additional liabilities. Both teams now await an oral judgment on the Defence motion for acquittal. (ICTY).

ECCC denies Khieu Samphan trial delay request:  The request for a trial delay by Samphan was denied by the Tribunal. Samphan had wished that the trial be delayed until a verdict was reached in the first trial but in the effort of preserving the rights of the defendant, the Tribunal has denied the request. (VOA).

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16 January 2014 – NEWS ABOUT THE COURTS

Hariri trial commences in The Hague: On Thursday, 16 January 2014, the Special Tribunal for Lebanon began proceedings related to the February 2005, assassination of former Prime Minister Rafik Hariri in Beirut. Mustafa Badreddine, Salim Ayyash, Hussein Oneissi and Assad Sabra, allegedly responsible for wounding some 200 people and killing 22 in the attack, were noticeably absent from the proceedings. The special court ruled in February 2012, that the at large suspects could be tried in absentia for, among other things, conspiracy to commit terrorism and murder. (CNN).

Pillay comments on Syrian killings: Navi Pillay, the U.N. High Commissioner for Human Rights, released a statement on Thursday, 16 January 2014, concerning reported executions and unlawful killings of civilians in violation of international law in Syria. Pillay considered the reports “alarming” and feared the human rights abuses “may amount to war crimes.” The U.N. Commissioner warned that “[e]veryone involved in serious crimes must be held accountable.” (Global Post).

Ruto excused from ICC trial: On Wednesday, 15 January 2014, the ICC ruled that Kenyan Deputy President William Ruto may be excused from portions of his trial. The ruling comes after the ICC Assembly of States Party agreed to amend the court’s rules to allow senior officials to be excused from attendance. Ruto will be required to “be present for the entirety of the closing statement of all parties . . . when victims present their views and concerns in person . . . and the entirety of the delivery of the judgment.” The Deputy President is charged with crimes against humanity relating to violence after the 2007 Kenyan presidential election. (Chicago Tribune News).

War crimes committee to audit South Sudan and Central African Republic: Members of the International Conference on the Great Lakes Region met on Wednesday, 15 January 2014, to discuss the murders and sexual violence being committed in Southern Sudan and Central African Republic. The members agreed to organize a war crimes “audit” and increase support and resources to peacekeeping missions. To date, international organizations fear over 10,000 people have died and nearly 400,000 displaced since the fighting erupted in the two countries. (Bloomberg Businessweek).

Ivorian politician needs more time to respond to ICC transfer: On Monday, 13 January 2014, the Ivorian government moved the ICC for a three month extension to respond to its request over former Justice Minister Charles Blé Goudé’s transfer to The Hague. Blé Goudé argued his transfer would interfere with domestic proceedings in Côte d’Ivoire. The ICC issued an arrest warrant for the close alley of former President Laurent Gbagbo and accused him of war crimes relating to the post election civil war in 2010-2011. (All Africa).

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17 December 2013 – NEWS ABOUT THE COURTS

ICC dismisses Prosecution appeal on decision to adjourn Gbagbo confirmation hearing:  On 16 December 2013, the ICC Appeals Chamber dismissed an appeal lodged by the Prosecution against a decision by the Pre-Trial Chamber on 3 June 2013 which adjourned the confirmation hearing of former Ivory Coast President Laurent Gbagbo and requested the Prosecution submit additional evidence on specific incidents relating to the charges against Gbagbo.   The Appeals Chamber found that the Prosecution had failed to show that the Pre-Trial Chamber committed an error when treating 45 incidents relied on by the Prosecution as an Article 7 attack against a civilian population.

ICC rejects Prosecution appeal on amending temporal scope of Ruto, Sang charges: On 13 December 2013, the ICC Appeals Chamber dismissed the appeal of the Prosecution in the case against William Ruto and Joshua arap Sang which contested the Pre-Trial Chamber’s decision not allowing the Prosecution to amend the temporal scope of the charges against the two accused.  The Appeals Chamber found that once the charges against an accused are confirmed it is no longer possible to amend or add charges.  The Appeals Chamber confirmed that once the confirmation of charges is completed the only change that can be made to the charges is a recharacterisation of the facts while not exceeding the facts and circumstances of those described in the charges confirmed by the Pre-Trial Chamber.

Libya to allow US and UK authorities question ICC indicted Al-Senussi: Libya Justice Minister Salah Merghani has stated that Libya will allow authorities from the UK and US travel to Libya and question former Gaddafi Spy Chief Abdullah Al-Senussi over the 1988 bombing of a PanAm flight over Lockerbie Scotland.   When asked if Al-Senussi, who is indicted for crimes against humanity before the ICC, would be questioned, Merghani is quoted as saying “Yes this is the intention … What we are working on is finalizing the arrangements for this as much as obtaining the evidence that’s available with the UK and US authorities … We all need to know the facts.”

ICTY Seselj case continues after Judge Harhoff’s disqualification:  On 13 December 2013, the Trial Chamber of the ICTY decided that the trial against Vojislav Seselj would continue following the election of Judge  Mandiaye Niang to the bench.  Judge Niang was elected to the Trial Chamber after Judge Harhoff was disqualified on Seselj’s request.  The Trial Chamber noted that Judge Niang is capable of assessing the credibility of witnesses while becoming familiar with the case.

ECCC Prosecution issues list of potential witnesses:  On 17 December 2013 it was reported that Prosecutors on the ECCC case against Nuon Chea and Khieu Samphan issued a confidential listed of 96 witnesses who will give evidence about Khamer Rouge detention facilities and work sites.  Witnesses are reported to include “Cambodian citizens, journalists, civil servants, military personnel, local authorities and monks” as well as seven experts and Kaing Kek leve (“Duch”) who was convicted by the ECCC and sentenced to life for crimes committed in Tuol Sleng prison.

UN Commission to be established for CAR crimes:  On 16 December 2013, UN Secretary General Ban Ki-moon stated that the United Nations will establish a commission which will investigate crimes committed in the Central African Republic; which Ban Ki-moon as said “descended into chaos” this year after the Government was overthrown in March.  Ban Ki-moon is quoted as saying he is “gravely concerned about the imminent danger of mass atrocities.”  Bi Ki-moon said that the presence of humanitarian efforts, including African and French troops, and human rights monitors has improved the situation, but that “we must do more to meet this test of global solidarity.”

Ireland in discussions with ICC on witness relocation program:  On 16 December 2013, Fatou Bensouda stated that the Government of Ireland is in negotiations with the ICC in order to establish a program which would relocate witnesses to Ireland after their testimony before the ICC.  Speaking from Dublin, the Prosecutor stated that “Protection of witnesses is one of the court’s main priorities and in this regard the conclusion of witness relocation agreements with the court is a practical way through which [states] can help the court meet this challenge.”

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