Archive for category Kenya

12 May 2015 – NEWS ABOUT THE COURTS

ICC’s first acquitted accused deported to DRC: Mathieu Ngudjolo Chui, formerly accused of war crimes, was deported back to the Democratic Republic of the Congo on Monday. Chui was acquitted by the ICC and filed for asylum in the Netherlands for fear of safety in the DRC.  Dutch authorities dismissed his application and sent him back to the DRC. Géraldine Mattioli-Zeltner, international justice advocacy director at Human Rights Watch, stated that HRW is calling on the DRC authorities to ensure Chui’s safety and security in the DRC. HRW is also calling upon dutch authorities and the ICC to monitor the situation. (Expatica, Human Rights Watch) (for additional information click here)

HRW calls for ICC investigation into on-going crimes in Libya: Human Rights Watch urged the United Nations Security Council to look at ICC prosecutor, Fatou Bensouda’s briefing on Libya. HRW called for an investigation into the ongoing crimes happening in Libya. HRW states that Libyan authorities have not responded properly to ongoing situation. They have not investigated or prosecuted those responsible for crimes. HRW is looking to the ICC to properly investigate these crimes. (Human Rights Watch)

ECCC victim representation faces funding cuts: Lawyers at the Extraordinary Chambers in the Courts of Cambodia have seen recent cuts in their salaries. Victim representation has seen major funding cuts due to  donor shortages. Attorneys from the Cambodian Defenders Project (CDP) and Legal Aid to Cambodia (LAC) stated that these cuts may dictate whether or not they continue representation of victims in the court. (Phnom Penh Post)

ICT Bangladesh issues 11 arrest warrants: ICT Bangladesh issued 11 arrest warrants for alleged Razakars of Jessore, for war crimes committed during the Liberation War in 1971. “The suspects are Ibrahim Hossain, Billal Hossain, Sheikh Majibur Rahman, Abdul Aziz Sardar, Aziz Sarder, Kazi Oahidul Islam, Lutfar Moral, Abdul Khaleq Moral, Akram Hossain, Ozehar Moral, and Mushiar Rahman.” (The Daily Star)

African Commission for HR’s 56th session concludes: The 56th Ordinary Session on Human and Peoples’ Rights concluded with resolutions that support “the strife against prevalence of human rights violations in Africa.” Commissioner Mute of the African Commission stated that the Commission passed resolutions that condemned xenophobic attacks in South Africa, urged Kenyan human rights, and rehabilitation rights for torture victims. (All Africa)

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6 May 2015 – NEWS ABOUT THE COURTS

Jumblatt testifies at STL in Hariri case: On Monday, 4 May 2015, Lebanon’s leader of the Progressive Socialist Party, Walid Jumblatt, testified before the Special Tribunal for Lebanon in the case of the 2005 assassination of former Prime Minister Rafik Hariri. Jumblatt has a strained relationship with the Syrian leadership which was intensified by the assassination of Hariri, his close political ally. A former STL spokesman said Jumblatt’s testimony is expected to “provide some insight that we haven’t heard before” about the context of the assassination. (Al Arabiya).

Refugees of PEV return to Kenya: 720 Kenyans internally displaced by the 2007-2008 post-election violence were received by the country’s authorities at the Malaba dispensary yesterday, 6 May 2015. The Kenyans were among 4,000 refugees who fled to Uganda at the height of the violence.  Over 500 more are expected to return next week.  The ICC is currently conducting proceedings for charges of crimes against humanity relating to the post-election violence, including charges against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang. (The Star).

Amnesty warns of impunity issues in CAR draft constitution: Amnesty International is warning Central African Republic delegates in an open letter that their draft constitution could provide sitting presidents with impunity for nearly all crimes except “high treason.”  Specifically, Amnesty International is urging the delegates to amend the draft constitution and recognize that anyone, no matter what the position, can be held accountable for violations of international law.  Amnesty International’s letter was sent before the 4 May 2015, national reconciliation forum in Bangui in which the delegates were attending. (Standard Digital).

US supports creation of hybrid court for South Sudan crimes: U.S. Secretary of State John Kerry announced support for a hybrid court to hold those responsible for crimes committed in South Sudan since the civil war began in 2013. Kerry also pledged $5 million US dollars for the start of the hybrid court, which would combine international and domestic law.  Since the civil war began in South Sudan, at least 50,000 people have been killed and more than a million displaced.  (Daily Mail).

Report publishes accounts of Israeli soldiers on strategy in Gaza: The Israeli group Breaking The Silence, who collected testimony from dozens of unnamed, combat soldiers involved in last year’s Gaza war, is alleging in a new report that Israeli forces engaged in indiscriminate fire that killed Palestinian civilians.  It is being reported that the Breaking The Silence report could support claims that war crimes were committed.  More than 2,200 Palestinians were killed during the 50-day war between Israel and Hamas.  (AlJazeera).

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14 April 2015 – NEWS ABOUT THE COURTS

10 former Bosnian Serb soldiers arrested in Bosnia over crimes from 1990s conflict: The 10 former Bosnian Serb soldiers arrested in December have been charged with war crimes that occurred during the 1990s Balkans conflict. The December arrests stemmed from a joint effort of Bosnia and Serbia to look into these matters. Five former Bosnian Serb soldiers were arrested in December by Serbia and the ten now charged with war crimes were arrested by Bosnia. (UT San DiegoABC News) (for additional information click here)

Appeals proceedings in ICTR Butare case to start: On Tuesday 21 April 2015, the International Criminal Tribunal for Rwanda (ICTR) will start appeals proceedings for its last case. The case includes six members of Butare including former Family Affairs Minister Pauline Nyiramasuhuko. Nyiramasuhuko was sentenced to life in prison by the trial court for crimes against humanity in 2011. According to ICTR, judgement from the appeal will not be rendered earlier than August. This will mark the 14th year of this case and the 16th year that Nyiramasuhuko has been in preventive detention. (Hirondelle News)

Hadzic granted provisional release by ICTY for health issues:  The International Criminal Tribunal for Yugoslavia (ICTY) has granted a provisional release to former Croatian Serb rebel leader Goran Hadzic until May. Hadzic stands accused of 14 alleged war crimes and crimes against humanity during the 1991-95 war in Croatia. Hadzic was diagnosed with terminal brain cancer in November and will receive radio and chemotherapy treatment. His request for a temporary release was initially denied by trial judge, but overturned on appeal for humanitarian reasons. (Expatica, InSerbia News) (for additional information click here)

AG calls Bensouda’s claim of Kenya’s possible non-cooperation defamatory: ICC prosecutor Fatou Bensouda stands accused for defamation of Kenya by Attorney General Githu Muigai. Muigai states that Bensouda’s allegations that the Kenyan government refuses to cooperate with the court is defamatory. The prosecutor is attempting to get Kenya referred to the Assembly of State Parties and sanctioned. (All Africa News)

Bangladeshi Chairman of the Law Commission withdraws from ICC judge election: Bangladeshi Chairman of the Law Commission, ABM Khairul Haque, has withdrawn from the ICC judge election. Haque stated that he withdrew due to family concerns as his mother is elderly and ill. Haque also stated that this situation would not allow him to contribute six years to the ICC. (BDNews 24)

NGO group calls on Equitorial Guinea human rights violations to be investigated: Nongovernmental organizations sent a letter to the Community of Portuguese Language Countries on 31 March to assess the human rights situations in Equatorial Guinea and recommend reform. Human Rights Watch stated that an investigation should be launched into the human rights violation in Equatorial Guinea. According to Human Rights Watch freedom of speech, association, and assembly are limited in the country. (Human Rights Watch)

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3 April 2015 – NEWS ABOUT THE COURTS

ICTY Prosecutor Brammertz asks Trial Chamber to issue a verdict for Seselj soon: ICTY prosecutor, Serge Brammertz, asked the Trial Chamber to make a final verdict in Vojislav Seselj’s case for alleged war crimes.  Brammertz’ asked for a final verdict due to Seselj’s behavior whilst on a provisional release for health purposes. The ICTY found at the end of March that Seselj violated the conditions for his provisional release and ordered him to return to the Hague to await the verdict.  Tensions heightened between Serbia and Croatia during Seselj’s release to Serbia. Seselj was seen publicly burning a Croatian flag as a sign of defiance for being ordered back to the Hague. (Dalje, Yahoo! News) (for additional information click here)

Human Rights organizations write letter to UNSC to reopen ICC investigation in Sudan: A letter sent to the United Nations Security Council by a group of Sudanese and international humanitarian and human rights organizations asked the UNSC to reopen ICC investigations in Darfur. The organizations asked the UNSC to persevere in the arrest of indicted war criminals related to the situation in Darfur. They also urged the UNSC to advise ICC prosecutor, Fatou Bensouda, to reopen investigations into the matter. (All Africa)

ICC Prosecution last witness in Ruto case says fearful of testifying:  Witness 7271 is the final ICC prosecution witness in Deputy President William Ruto’s case for crimes against humanity. Witness 727’s lawyer, Goran Sluiter, stated that his client is hiding in the Netherlands and fears for his life. Witness 727 has refused to testify at trial three times before, causing the Trial Chamber to adjourn. (All Africa)

Victims of Malvinas War torture will bring case to IACHR: The victims of torture during the 1982 Malvinas War are bringing their case to the Inter-American Commission on Human Rights. During the Malvinas War, Argentine soldiers were tortured by senior officers whilst serving on the Malvinas Islands. The leader of Centro de Ex-Combatientes Islas Malvinas (CECIM), Ernesto Alonso, stated that the complaint will be filed within two weeks. (Buenos Aires Herald)

Cyprus makes Armenian genocide denial a crime:  The denial of the Armenian genocide is now a crime when the Parliament of Cyprus voted in the resolution. The resolution was passed unanimously on Thursday. Armenpress states that the penalty for the denial of genocide, crimes against humanity, and war crimes is now a prison sentence of 5 years and a fine of 10,000 Euros.   (Asbarez)

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27 March 2015 – NEWS ABOUT THE COURTS

Final ICC Prosecution witness in Ruto / Sang case found and begins testifying:  The final prosecution witness for both President William Ruto’s and journalist Joshua Sang’s hearings has been located and began testifying from a video link from a secret location at the Hague.  The witness was absent and failed to testify earlier. International Criminal Court Prosecutor, Fatou Bensouda, asked for more time in pursuing the witness. Prosecution wanted several weeks to locate the witness as they claimed the person was a key witness with crucial evidence to the case. Defence claimed that prosecution should only be given a few days. (All Africa) (for additional information click here)

OHRHC plans to open field office in Seoul to monitor N. Korea HR: The officer of human rights of the  Office of the UN High Commissioner for Human Rights plans to open a field office in Seoul to monitor human rights in North Korea. This comes from last year’s report by the UN Commission of Inquiry that recommended the establishment of a field office after alleging that North Korea’s leaders committed crimes against humanity.  (Voice of America News)

Former PM questioned at STL over arrested generals: Former Prime Minister of Lebanon, Fouad Siniora, provided testimony at the Special Tribunal for Lebanon. Siniora denied any direct involvement in the 2005 arrest and release of four Lebanese generals charged in relation to Rafik Hariri’s assassination. Siniora was the current prime minister of Lebanon during the assassination. (Daily Star)

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25 March 2015 – NEWS ABOUT THE COURTS

Final Prosecution witness in Ruto / Sang case fails to appear:  The final Prosecution witness in the trial against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang failed to appear before the ICC to testify on Monday, 23 March 2015.  The ICC judges were thus forced to adjourn the trial. It is being reported that the judges and parties in the case were to hold a conference meeting today, 25 March 2015, to discuss the status and progress of the case. The witness was the Prosecution’s last before its closing arguments.  (For additional information on this topic, please click here) (All Africa, Capital News).

Former PM testifies at STL of Hariri crime scene tampering: Today, 25 March 2015, former Prime Minister of Lebanon Fouad Sinoira testified at the Special Tribunal for Lebanon claiming members of the Lebanese-Syrian security apparatus tampered with the crime scene of the 2005 assassination of former Prime Minister Rafik Hariri.  Sinoira also said members of the security apparatus “bullied” Lebanese officials and “violated the dignities and freedoms” of Lebanese citizens.  The defense suggested the members had a privileged relationship with then Lebanese President Emile Lahoud, whom the defense claim may have had motive to kill Hariri. (The Daily Star).

AU States urged to ratify Protocol for African Court: During a Pan African Parliament meeting on Monday, 16 March 2015, Chairperson of the Justice and Human Rights Committee Onyango Kakoba urged African Union states to ratify and make a declaration on the Protocol of the African Court on Human and People’s Rights.  Of the 54 African Union member states, only 28 states have ratified the Protocol adopted in 1998 and only 7 states have made a declaration to allow access to the Court. Chairperson Kakoba also serves as the Leader of the Ugandan Delegation and the the country has ratified, but not yet made a declaration on the Protocol. (All Africa).

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23 March 2015 – NEWS ABOUT THE COURTS

OHCHR says ISIS attacks on Yazidi community may constitute genocide and war crimes: A new report commissioned by the U.N. Office of the High Commissioner for Human Rights claims crimes committed against the Yazidi community in Iraq by ISIS may constitute genocide and war crimes.  The report, consisting of over 100 interviews of survivors, found that ISIS targeted and killed hundreds of men and boys of the Yazidi population in Iraq and committed rape, abduction and forced separation of families. Thousands of Yazidis were forced to flee villages in northern Iraq because of ISIS last summer in which many were killed or captured. (BBC).

ICC judges propose holding Ntaganda trial opening in Bunia, DRC: On Thursday, 19 March 2015, ICC Trial Chamber VI judges recommended to the ICC Presidency that opening statements in the trial against former Congolese warlord Bosco Ntaganda be made in Bunia, Democratic Republic of Congo. The judges found that conducting part of the trial in Bunia would “bring[] the judicial work of the Court closer to the most affected communities.”  ICC Rules of Procedure and Evidence authorize the ICC judges to make the recommendation, which is then considered by the ICC Presidency in consultation with DRC authorities.  Ntaganda, a former Congolese military leader, is accused of crimes against humanity and war crimes committed during the 2002-2003 Congolese conflict.  (For additional information on this topic, please click here) (All Africa, ICC).

ICC Ruto / Sang trial resumes for final Prosecution witness: The final Prosecution witness in the ICC trial against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang is expected to begin testimony today, 23 March 2015.  The witness, who has been unwilling to testify and who has placed conditions before testifying, is the last witness scheduled before the Prosecution makes its closing arguments.  Ruto’s and Sang’s defense teams are expected to thereafter file a “no-case-to-answer” motion.   (All Africa).

ICC Trust Fund for Victims affirms commitment to reparations for victims in Lubanga case: The Board of Directors of the ICC Trust Fund for Victims (TFV) held its annual meeting in The Hague from 17-19 March 2015.  The TFV Board reaffirmed its commitment to reparations for victims in the case against Thomas Lubanga, the leader of the rebel group Congolese Patriotic Union, who was convicted in March 2012 of recruiting child soldiers.  Specifically, the TFV Board intends to advance its reparations reserve to provide for collective reparations awards and to consider the ICC Appeals Chamber’s suggestion to expand its assistance mandate to those not included in the reparations order.  The TFV Board also plans on meeting with victims, their communities and other stakeholders while it develops the draft implementation plan for reparations due 3 September 2015. (ICC).

Protestors in Sri Lanka reject domestic probe, demand international investigation: Tamils in Sri Lanka are protesting the new government’s plan for a domestic investigation into alleged human rights abuses committed during the last phase of the country’s 26-year civil war. Tamils, demanding an international investigation into the crimes instead, claim to have no faith in a domestic probe by the Sri Lankan government.  A resolution adopted by the U.N. Human Rights Council in March 2014 requiring an international investigation was delayed by 6 months.  (The Economic Times).

Polish soldiers cleared of violating Geneva Convention protections of civilians in Afghanistan: Four Polish soldiers have been cleared of war crimes in relation to the August 2007 attack on the village of Nangrarkhel in Afghanistan which killed 6 civilians.  The soldiers, being tried in a military court in Warsaw and accused of violating the Geneva Conventions protection of civilians in Afghanistan, claimed innocence and blamed the attack on faulty weaponry.  The four were convicted by the military court of lesser offenses.   (JURIST)

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