Archive for category Kenya
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).
ICT of Bangladesh accused dies in prison waiting for appeal: Former chief of the Jamaat-e-Islami (JI) party, Ghulam Azam, died of a heart attack on Thursday night in a prison cell. Azam was found guilty over a year ago by the International Crimes Tribunal of Bangladesh for crimes against humanity and war crimes during the 1971 war of independence against Pakistan. He was sentenced for 90 years in prison for conspiracy, planning, incitement, complicity, and murder. Azam’s death occurs a day after the Supreme Court scheduled appeal proceedings concerning his sentencing for 2 December 2014. (The Guardian, Business Standard) (For additional information on this topic, please click here).
Kenyan Government approaches ASP over violations of the Rome Statute: Kenya has sought out the Assembly of State Parties to explore its concerns of ICC conduct in relation to the situations in Kenya. Kenya sent a letter to the ASP on 16 October 2014 to explore these concerns in depth at the upcoming meeting in New York. It is currently unclear the exact requests made by the Kenyan government however the letter requested ‘immediate remedial solution’ to the trials involving Kenyan President Uhuru Kenyatta and his Deputy William Ruto. (allAfrica)
UN investigators asks China to support referral of N. Korea crimes to ICC: Head of the UN Commission of Inquiry into human rights abuses in North Korea, Michael Kirby, has asked China to support the referral of Pyongyang’s actions to the ICC on suspicion of crimes against humanity. Western diplomats have speculated that China will use its veto power on the UN Security Council to vote against North Korea’s referral. However, Kirby stated on Wednesday 22 October 2014 that this result should not be assumed as China has only ten vetoes against resolutions in the council. North Korea’s crimes will soon be discussed in the U.N. General Assembly’s Third Committee, which can put political pressure on countries targeted by its resolution. (Reuters)
North Korea refutes allegation of political prisoners in UN Report: North Korean diplomat Jang Il-hun has denied the country is holding political prisoners. The diplomat’s statements are in response to a February 2014, U.N. report that found North Korea engaged in, among other things, acts of enslavement, torture, forcible transfer of populations, enforced disappearance of persons and prolonged starvation. The report also included satellite photographs of the detention centers and testimony from escapees. Mr. Jang warned that the country would take unspecified “countermeasures” if efforts were made to charge the country’s leader Kim Jong-un for crimes allegedly committed in the report. (NY Times).
Serbia offers assistance with health concerns of two accused: The ICTY has received a letter from the Serbian government requesting medical information on Serbian Radical Party leader Vojislav Seselj and former Republic of Serbian Krajina president Goran Hadzic. The Serbian government has offered in the letter to send doctors to the U.N. detention center in the Hague so that the two accused may receive proper health care. Seselj underwent surgery less than a year ago for colon cancer and Hadzic suffered a mild stroke this month. (InSerbia).
ICC asked to investigate Cambodian ‘land grabbing’ as crime against humanity: British lawyer Richard Rogers filed a complaint in the ICC alleging over the past 14 years an elite group in Cambodia carried out “widespread and systematic” land grabbing against the civilian population. Rogers claims these acts, consisting of “murder, forcible transfer of populations, illegal imprisonment, [and] persecution,” amount to crimes against humanity. Rogers is estimating some 770,000 people have been negatively affected by the land grabbing and 145,000 have been forcibly relocated since 2000. (Ecologist).
ICC judges formally warns Kenyan Government on confidentiality: On Tuesday, 21 October 2014, the ICC warned Kenya for leaking confidential filings in the case against President Uhuru Kenyatta. The ICC judges “note[d] with concern the Kenyan government’s cumulative inattention to the taking of appropriate measures to ensure the confidentiality of proceedings.” The confidential filings concerned a request by the ICC that Kenya help identify, freeze and seize the property and assets belonging to Kenyatta. (Expatica.com).
Chad refuses to cooperate with Extraordinary African Chambers in Habre case: It is being reported that the Chadian government has refused a request by the Extraordinary African Chambers rogatory commission to travel to the country and question two former aides of Hissene Habre. International arrest warrants were issued for the aides, Saleh Younous and Mahamat Djibrine, more than a year ago for crimes against humanity committed in Chad under Habre’s rule from 1982 to 1990. The Chadian government allegedly agreed to transfer the aids to the Extraordinary African Chambers but has since decided against it. (Hirondelle News Agency).
Australian MP asks ICC to investigate the PM over detention of asylum seekers: Australian MP Andrew Wilkie has requested the ICC Prosecutor’s Office to investigate whether Prime Minister Tony Abbott breached the Rome Statute dealing with crimes against humanity or the international convention dealing with the rights of children and refugees. Wilkie claims Abbott’s policy of detaining asylum seekers on the remote Pacific nation of Nauru and on an island off the coast of Papua New Guinea was illegal and inhumane. Wilkie said it “is not illegal to come to Australia and claim asylum” and that the government had “a fundamental obligation to hear those claims and to give those people refuge if those claims are accurate.” (The Telegraph).
UN Report details ongoing human rights abuses by M23: In a report published 9 October 2014, the Joint Office of the UN for Human Rights in the DRC (JHRO) has founds that during a time when M23 had effective control of parts of North Kivu, serious violations of human rights and international humanitarian law – which could constitute international crimes as well as crimes under the Penal Code Congolese – were committed by the group. The UN applauds the Congolese response in seeking justice against any wrongdoers. (UN News).
ICC sets date for Ntaganda Case: Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes. On 9 October 2014, Trial Chamber VI of the International Criminal Court (ICC) scheduled the opening of the trial in the case The Prosecutor v. Bosco Ntaganda on 2 June 2015. (ICC).
HRW Report outlines crimes against Yezidi women in Iraq: HRW has provided a detailed account of the alledged atrocities occurring to Yezidi men, women and children at the hands of the Islamic State (IS) fighters in Iraq. HRW states that forced marriages, abductions, sexual slavery and other international crimes have been and continue to occur. HRW recommends that the UN investigate and that the Iraqi government join the ICC. (HRW).
Kenyatta appears at ICC for status conference: On 8 October 2014, Kenyan President Kenyatta appeared before the ICC for a status conference. He is the first serving head of state to come before the Hague. Mr. Kenyatta is accused of orchestrating post-election violence during 2007. In response to these accusations, Mr Kenyatta says the charges against him are politically motivated and insists that the case should be thrown out. (BBC).
Former Haitian President Duvalier dies before trial can commence: On 4 October 2014, former Haitian dictator Jean-Claude “Baby Doc” Duvalier died. HRW has expressed its disappointment in the inability of the Haitian justice system to bring him to trial before his death. According to HRW, this turn in events has deprived victims of human rights abuses of justice and closure. (HRW).
ICC to decide on Ruto, Sang Defense Appeal: On Thursday, 9 October 2014 , the Appeals Chamber of the ICC will hold an open court session to read a summary of its judgment on Mr Ruto and Mr Sang Defence teams’ appeal against the Trial Chamber V decision to grant the Prosecutor’s request to summon witnesses to appear before the Trial Chamber in the Ruto and Sang trial, who were no longer cooperating or no longer willing to testify. (ICC).
Kenyatta to turn over Presidential duties during trial: President Kenyatta plans to temporarily step down as president while attending his ICC hearing. His presidential powers will be assumed by Deputy President Ruto for the time being. President Kenyatta states that he has chosen to appear before the court as a private citizen rather than bring a country of more than 40 million people into another jurisdiction. President Kenyatta faces charges related to the organizing of violent attacks which occurred during the 2007 elections. (For more information, please click here) (Aljazeera, BBC).
ICC urges Saudi Arabia to apprehend Sudan’s Bashir: The ICC has issued an order for the arrest of Sudanese President Omer Hassan al-Bashir. It is believed that he is currently in Saudi Arabia on a pilgrimage. Al-Bashir faces charges of alleged war crimes and genocide committed in Darfur. It is uncertain at this point whether Saudi Arabia will fulfill the request of the ICC as a non-member. (Sudan Tribune).
Bemba Case to hear closing arguments in November: Today, 2 October 2014, Trial Chamber III of the ICC decided that the closing oral statements in the Bemba case will take place during the week of 10 November 2014. Prior to the closing arguments, the Chamber will hear Witness P-169 as of 14 October 2014. Bemba has been charged with war crimes and crimes against humanity having been committed while serving as a military commander. (Hague Justice Portal).
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).
UN Commission on Syria highlights crimes committed by Assad regime: The head of the U.N. commission investigating war crimes in Syria, Brazilian diplomat Paulo Sergio Pinheiro, said the “Syrian government remains responsible for the majority of the civilian casualties, killing and maiming” in the country. Speaking in front of the 47-nation U.N. Human Rights Council in Geneva on Tuesday, 16 September 2014, Pinheiro described the sieges and attacks which have killed nearly 200,000 people since the start of the Syrian civil war. (US News).
ICC Prosecution Witness testifies about Ruto’s presence at fundraising event: On Tuesday, 16 September 2014, the ICC heard testimony from witness 604 relating to a fundraising event attended by Kenya’s Deputy President William Ruto. The witness’ statements appeared contradictory from earlier testimony. Ruto faces three counts of crimes against humanity for acts committed after the 2007 presidential election in Kenya. (All Africa).
Belgium welcomes accused acquitted of genocide at the ICTR: It is being reported that former Rwandan general Augustin Ndindiliyimana has been granted a Belgian visa. Ndindiliyimana was acquitted of genocide by the ICTR Appeals Chamber this past February. The ICTR has pushed for member states to host acquitted persons and those who have served their sentences. (All Africa).
Victims’ lawyer says Kenyatta phone records fake: Victims’ lawyers in the ICC case against Kenyan President Kenyatta Uhuru claim cell phone data records provided to the prosecution are fabricated. Lawyer Fergal Gaynor accused the President of devoting “enormous resources” to end the case and obstructing access to important records. (All Africa).
Argentina gives Government records to Inter-American Court of Human Rights: Documents relating to some 280 meetings of military leaders ruling the country of Argentina from 1976 to 1983 were disclosed to the Inter-American Commission on Human Rights on Tuesday, 16 September 2014. Argentina’s Defense Minister, Agustin Rossi, delivered the records which reveal, among other things, how the leaders ruled the country at the time and the decisions that were made. (Telesurtv).
Group of NGOs asks ICC for local tribunal and justice without delay in CAR: Several human rights groups, such as the Central African Human Rights League and the International Federation for Human Rights, have urged the ICC to launch an investigation into crimes against humanity, genocide and war crimes committed in the Central African Republic. The groups have also requested the U.N. peacekeeping mission to help in the establishment of a special court in the CAR to fight impunity and bring to justice those responsible for serious violations of international law. ICC Prosecutor Fatou Bensouda has already opened a preliminary investigation into crimes committed in the CAR. (All Africa).