Archive for category Libya
Appeals Chamber affirms ICC inadmissibility decision in Senussi jurisdiction case: On 2 April 2013, Libyan authorities filed a challenge to the admissibility of the case with regard to Senussi before Pre-Trial Chamber I. On 11 October 2013, Pre-Trial Chamber I decided that the case against Senussi was inadmissible before the Court. On 24 July 2014, the Appeals Chamber of the ICC unanimously confirmed Pre-Trial Chamber I’s decision. (ICC).
UN Human Rights Commissioner suggests MH17 events may constitute war crimes: Navi Pillay, UN High Commissioner for Human Rights, has stated that the shooting down of the commercial airliner may amount to a war crime. The black boxes onboard the airliner appears to confirm the impact of a missile. Continued conflict in the region has displaced more than 200,000 people and made it difficult to secure the crash site. (For additional information on this topic, click here.) (BBC, DW).
ICC Prosecutor “deeply troubled” by ongoing violence in Libya: The violence in Libya continues to escalate. The Prosecutor of the ICC has called for an end to the criminal acts that fall within the jurisdiction of the Court. There are alleged reports of attacks against civilians and other instances of nom-military targeting by combatants. (UN News).
UN Report warns of possible CAH and war crimes in Iraq: According to the UN, the group ISIL and its affiliates may be responsible for carrying out CAH and imposing “untold hardship and suffering” on Iraqi civilians. Witness interviews include detailed instances of systematic attacks by ISIL on civilians with no apparent regard for causalities. The UN has expressed its concern that time is running out for the Iraqi Government to act against ISIL to ensure that its people have an opportunity to have their security and livelihoods restored. (UN News).
Amnesty insists that talks should not lead to impunity in CAR: Amnesty has expressed growing concern that delegates to the CAR National Reconciliation should be careful that their discussions do not lead to impunity for war crimes. According to Amnesty, there is credible evidence that crimes under international law have been committed by leaders in the CAR and that any perpetrators should be held accountable. (Star Africa).
Libya discusses prosecuting militia groups at ICC with Prosecutor: Libya is considering inviting the ICC to prosecute those responsible for recent violence in Tripoli and elsewhere across Libya. A decision to allow the ICC to prosecute certain cases that occurred in Libya is quite surprising when considering its refusal to allow the ICC to prosecute Saif Al-Islam and Senoussi. (Libya Herald).
Cyprus files complaint against Turkey at ICC: The petitioners call on the ICC to investigate alleged crimes committed by Turkey on the territory of the Republic of Cyprus. The complaint also cites instances of Turkish involvement in connection with the transferring Turkish civilians into the occupied territory. Cyprus has been a member of the Court since 2002 and has made it clear that the ICC has jurisdiction. (Parikiaki).
ICTY Prosecution asks judges to reject Seselj request for damages over detention: Seselj has been detained by the ICTY since 24 February 2003. According to the Hague Prosecution, Seselj’s detention is lawful. Furthermore, prosecutor Marcussen states that Seselj has failed to comply with the conditions governing a provisional release. (InSerbia).
Foreign donations support ECCC: The ECCC has received enough cash donations from foreign countries in order to bridge the budget shortfall, which has caused the court to pause in the past. The ECCC will be financially healthy through the rest of 2014 but will soon require another infusion of funds. (Bangkok Post).
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.
ICC confirms charges against Bosco Ntaganda: The ICC has confirmed 18 counts of war crimes and crimes against humanity against Bosco Ntaganda. The Prosecutor brought evidence of attempted murder, rape and sexual slavery that occurred in Congo’s Ituri district in 2002 and 2003 to the attention of the ICC. HRW expresses the hopes of many other human rights organizations which is that this decision to charge one ranking official of the ICC will lead to many more. (HRW).
CAR inquiry finds CAH and war crimes, but hesitates to affirm that genocide committed: The latest inquiry into the violence in CAR appears to contradict earlier reports of ethnic cleansing. The report states that anti-Muslim propaganda coming from non-Muslim quarters does no mean that genocide is being planned or that there is a conspiracy to commit genocide. Amnesty International objects to the findings in the latest report and argues that the displacement and violence against Muslims sectarian in nature and evidence that a genocide or massive displacement is occurring. (MWC News).
ICC decided to fund Saif Gaddafi legal team: The ICC has made the decision to fund the defence of Saif Gaddafi as a way to increase his chances of obtaining a fair trial before the court. It is likely that Gaddafi would be sentenced to death if found guilty by a court a Libya. UK politicians and military figures have protested this action by the ICC. (Telegraph).
Former Norwegian Minister willing to testify to crimes in Sri Lanka: Erik Solheim, former international development minister for Norway, is prepared to give evidence before any recognized international tribunal detailing the atrocities he witnesses during the final months of the decades-long Sri Lankan conflict. Solheim was involved in the brokered peace agreement that fell through in 2006. (Mint).
ICC Prosecutor reiterates calls for Gaddafi handover: ICC Chief Prosecutor, Fatou Bensouda, presented the seventh report regarding the situation in Libya to the UN Security Council on Tuesday, 13 May 2014. Bensouda described the deteriorating security condition in Libya, the worrisome murders and torture committed in illegal detention centers and the country’s failure to bring perpetrators of human rights violations to justice. Bensouda urged the Libyan government to comply with international law, which includes surrendering to the Court Saif Al-Islam, the son of Muammar Gaddafi, the late Libyan dictator. (For more information on this topic, please click here) (ICC, UN News Centre).
UN Secretary General advocates tribunal for S. Sudan war crimes: Ban Ki-moon, the UN Secretary General, considers the human rights abuses committed in South Sudan to amount to crimes against humanity and has voiced support for a special war crimes tribunal. The Secretary General cited a UN report released last week documenting widespread ethnic attacks and killings and the displacement of millions of people since the conflict erupted in the country in December 2013. (Aljazeera).
UN Observer at Gaddafi trial held in Tripoli; suspected of “occult practices”: One member of the UN team monitoring the trial against Muammar Gaddafi’s sons was detained for possible “black magic.” It has been reported, Ahmed Ghanem was temporarily held at the maximum security prison in Tripoli this weekend after police found written material suggesting “sorcery” and “occult practices.” As a UN official, Ghanem enjoys immunity. (The Guardian).
UN considers impact of Lethal Autonomous Weapons on humanitarian and military interests: A four day convention focusing on the technological developments, the ethical considerations and the implication of international law from the deployment of lethal autonomous weapons began this week in Geneva. At the opening session, Acting Director-General of the UN Office in Geneva Michael Moller urged delegates to take bold action in banning or restricting autonomous weapons that cause unjustified and disproportionally high civilian damage. (UN News Centre).
Prosecutor Bensouda reconsidering alleged British war crimes in Iraq: ICC Chief Prosecutor Fatou Bensouda announced that the office is re-opening the “preliminary examination” of alleged war crimes by United Kingdom armed forces in Iraq from 2003 to 2008. Bensouda explained that the office received new information in January 2014 and will now consider “issues of jurisdiction, admissibility and the interest of justice.” The outcome of the preliminary examination will decide whether the Prosecutor initiates an investigation. (For more information on this topic, please click here) (ICC, Deutsche Welle).
Mladic Defense Case to start 19 May: Ratko Mladic is the former Commander of the Bosnian Serb Army Main Staff and stands accused of genocide and a number of other crimes against Bosnian Muslim. His defence case was scheduled to start May 13 but technical glitches hindered the readiness of his lawyers. Mladic is scheduled to begin on Monday, May 19 at 9:30 a.m. in courtroom 1. (For addition information on this topic, please click here.) (ICTY, IWPR).
Gaddafi Trial resumes in Tripoli; defendant remains in Zintan: Saif al-Islam Gaddafi and Abdullah Senussi appeared via videolink at a court in Tripoli where each face a myrian of charges resulting from their allefged role in suppressing the 2011 uprising. Both remain in Zintan and remain wanted by the ICC.
ICT-Bangladesh Prosecutor pursues genocide charges against former Jatiya Party Leader: Former Jatiya Party MP Abdul Jabbar has been charged with five types of crimes against humanity during Bangladesh’s Liberation War. Formal charges were submitted to the tribunal’s registrar AKM Nasiruddin Mahmud on Sunday. It is suspected that Jabbar is currently living in the US.
UN Report suggests knowledge of Kony whereabouts: The UN Security Council is set to discuss a report that may narrow the hunt for Joseph Kony. Kony is wanted for crimes against humanity and has been successful in evading arrest. An expansive task force is currently searching a vast area in central Africa for his whereabouts.
African Commission asked to intervene in second round of mass death sentences in Egypt: The application for the African Commission to intervene is the second application on behalf of the individuals sentenced to death on 22 March. The Freedom and Justice Party first asked the Commission to intervene concerning the first group (529 individuals) sentenced to death on 25 April, whereby the AC ordered Provisional Measures ordering Egypt to suspend the death sentences and up hold the individuals’ rights. Thereafter, Egypt has sentenced an additional 687 to death and the FJP is now asking for similar provisional measures in relation to this second group. (MEM).
ICC witness goes on hunger strike: Floribert Ndjabu has begun a hunger as a way to force the ICC to make a decision regarding his state of detention and application for asylum in the Netherlands. Ndjabu was one of three witnesses who sought asylum in the Netherlands after providing testimony for the prosecution in its case against the Congolese militia bosses Mathieu Ngudjolo Chui and Germain Katanga. (Yahoo News).
Government of Kenya granted extra time to leave to appeal witness summons decision: The ICC has granted a ten day extension to file leave to appeal the summons of eight witnesses to be forced to testify in the case against Deputy President Ruto. The ICC has made it clear that the time extension has been granted to the Kenyan government to make any application they find appropriate without prejudice to the Chamber’s decision. Standard Digital).
Clooney’s fiancée represents Senussi’s rights at the ICC: Amal Alamuddin currently represents Muammar Gaddafi’sformer spy chief, Abdullah al Senussi, against charges of crimes against humanity. Alamuddin has garnered international attention for her choice of controversial clients, including her work as legal adviser to Bahrain’s king. (The Guardian).
North Korea publish list of US human rights abusers: In response to a recent UN report detailing a number of alleged human rights abuses committed by the United States, the North Korean government has released its own report accusing the United States of its own human rights abuses. NK makes allegations of racism and that the US is the most violent nation in the world. (All Voices).
Secretary General alarmed at potential human rights violations in Egypt: The UN Secretary General Ban Ki-moon is concerned at the news that another preliminary mass death sentence has been handed down in an Egyptian court. This recent decision comes on the heels of a 24 March decision where 529 defendants were convicted of numerous crimes. There is fear that the mass sentencing and stricter laws regulating protests may lead to more instability in the region. (UN).
ICC Prosecutor initiates preliminary investigation into Ukraine: ICC Prosecutor, Fatou Bensouda, has decided to open a preliminary examination in Ukraine to investigate the alleged crimes committed on its territory from 21 November 2013 to 22 February 2014. During the preliminary stages of her investigation, Ms. Bensouda will confirm that the jurisdiction, admissibility and the interests of justice standards are satisfied before a the ICC proceeds any further. (ICC).
Seif Gaddafi attends trial via video; trial adjourned until May 11: Seif al-Islam Gaddafi appeared for his second appearance in court in Tripoli via videoconference sourced from the city of Zintan. Gaddafi replied in with a no when he was asked if he had a lawyer. It is unclear why he has not been transferred to Tripoli to appear in person. The session has been adjourned to May 11. (AP).
ICT of Bangladesh delays trial of Jamaat-e-Islami leader: A severe heat wave has caused the ICT to defer the hearing of Jamaat-e-Islami to May 6. The temperature in Dhaka hit 40.2 degrees Celsius on Thursday, which led to the absence of a prosecution witness. (bdnews).
Posted by carolinguentert in AU, CAR, Chad, Crimes against Humanity, Decision Review, Fair trial/Accused's rights, Gaddafi, Genocide, ICC, ICTR, ICTY, Investigations, Kenya, Libya, News about the Courts, Nigeria, Other domestic courts, Rwanda, Torture, Truth Commissions, Victims, War Crimes, Witnesses on April 15, 2014
ICTY rejects Mladic’s Rule 98bis application and find case to answer: On Tuesday, 15 April 2014, Trial Chamber I of the ICTY rejected Ratko Mladic’s 98 bis application for acquittal, a rule under the Tribunal’s Rules of Procedure and Evidence that allows the Tribunal to acquit a defendant after an oral hearing if there exists no evidence to support a conviction. Upon dismissing the application, the Chamber held that even if Mladic has a defense to all of the counts against him, there is evidence to support all of the charges against him. (ICTY).
Libyan trial of Ex-Gaddafi Officials postponed amid concerns of a fair trial: On Monday, 14 April 2014, the Libyan government opened and subsequently adjourned the trial against Muammar Gaddafi’s sons and his former officials, due to incomplete investigations; particularly the investigation of evidence against Saadi Gaddafi remains incomplete. The case will proceed on 27 April 2014, in order to allow the investigators more preparation time and to set up video links for the sons and officials who were not brought to the court for security reasons. Human Rights Watch and Amnesty International continue to express that the defendants’ right to a fair trial have been violated. The groups are concerned that not all of the defendants have had access to lawyers; that the defense teams have been restricted in their ability to assess evidence and case files; that interrogation strategies and detention conditions have been unfair; that Libya recently amended its Code of Criminal procedure to allow trials through video links, meaning the defendants, all of whom are being held in prisons and one of whom is being held in a secret location by a militia, will not physically appear at their trials; and that the Libyan justice system is generally unstable, in part because previous attacks against lawyers and judges in Libya have resulted in the suspension of courts throughout parts of Libya. The defense lawyers raised concerns about insufficient access to the case files in court. The ICC is still deliberating on the admissibility of the cases against Saif Gaddafi and Abdullah Al-Senussi, and a decision from the Appeals Chamber on whether the Libyan government is able to try them is still outstanding. (Reuters) (For more information on this topic, please click here, here, and here).
Ruto trial hears from satellite imagery expert and breaks for Easter: Lars Bromley, a UN specialist in satellite imagery, testified before the ICC in the case against Kenyan Deputy President William Ruto and Kenyan journalist Joshua Arap Sang, explaining that at least 506 buildings were deliberately burned down in the Rift Valley following the election, and that 190 more buildings were “possibly burnt.” He based his analysis on satellite images, the deliberate nature of the burnings being evident from burn patters. The defense disputed the expert’s testimony. The trial is currently on break for the Easter holiday, after which the prosecution will likely call a witness who was instrumental in the confirmation of charges against Ruto. (Institute for War & Peace Reporting) (For additional information on this topic, please click here).
Habre defense team says trial is politically motivated: The defense team of former Chadian dictator Hissene Habre claims that the reasons behind his prosecution in Senegal were political and instigated by a Chadian spy agency. Habre, who is charged with having committed war crimes, crimes against humanity, and torture while he was in charge of Chad between 1982 and 1990, will stand trial in Senegal in 2015, where he was in exile for twelve years before being arrested last July. (Legalbrief Today).
ICTR Prosecutor asks for increased efforts to prosecute all suspects of 1994 crimes in Rwanda: In a commemoration address, Hassan Jallow, the chief prosecutor of the ICTR, asked for an increased effort to find and prosecute perpetrators of the genocide against Tutsis in 1994 who have not been tried, and that countries in which suspects of these crimes are located to transfer these alleged perpetrators to Rwanda in order to stand trial. He specifically mentioned Félicien Kabuga, Protais Mpiranya, and Augustin Bizimana, all of whom are fugitives and suspected of having played significant roles in the genocide. (AllAfrica).
UN High Commissioner for HR expresses concerns for amnesties in Nepal: Following the Nepalese government’s drafting of a law that would create a Truth and Reconciliation Commission and a Commission on Disappeared Persons, the UN High Commissioner for Human Rights Navi Pillay warned that this legislation would allow these two panels to recommend amnesties for human rights abuses that occurred in Nepal. The government denies the existence of amnesty possibilities in the legislation, saying that amnesty would only occur with the victims’ consent. (Reuters).
Amnesty claims CAH and war crimes escalating in Nigeria: Amnesty International issued a report stating that violence has increased in northeastern Nigeria due to a higher number of attacks by Boko Haram and responses by Nigerian security forces, which has resulted in the death of at least 1,500 people since the beginning of the year. According the group, these events may be war crimes and crimes against humanity, and the group urged other countries, the African Union, and the UN to launch investigations into these acts. Amnesty International has documented attacks carried out by both Boko Haram and Nigerian security forces that occurred in January, February, and March 2014. (Amnesty International).
ICC brings al-Bashir complaint to UNSC: The ICC has informed the UN Security Council and the Assembly of States Parties about DRC’s noncooperation in the arrest and surrender of Omar Al Bashir. The Chamber has referred the matter to the UN Security Council and the Assembly of States Parties to the Rome Statute with hopes that a decision on what measures should be taken will surface in the near future. (ICC).
Saif al-Islam Gaddafi to stand trial in Tripoli Monday: Concerns remain over the guarantee of fair trials for Gaddafi-era officials in Libya. HRW has reported that the inmates in Libyan prisons are not receiving their basic due process rights. The ICC has the authority to command Libyan authorities to cooperate with the court but such pressure to turn Saif al-Islam Gaddafi over to the ICC has been ignored thus far. (For additional information on this topic, please click here.) (HRW/The Guardian).
ICTY anticipated 98bis decision in Mladic Case: 17 March 2014, the Defence team for Rato Mladic orally presented its motion pursuant to Rule 98bis. The Prosecution responded on 18 March 2014. The pronouncement of the Trial Chamber’s decision on the Rule 98bis motion for acquittal is scheduled for 15 April 2014. (ICTY).
Hadzic Witness unclear on past testimony: The final prosecution witness to testify against Goran Hadzic told judges last week that he could not confirm the accuracy of his earlier testimony. The witness told the Hadzic defence team that he could remember the meetings in Serbia which he had previously testified about, in which he and Hadzic allegedly received detailed instructions from the authorities in Belgrade, as well as equipment and arms. Hadzic’s defence case is scheduled to begin on June 24. (IWPR).
HRW advocates war crimes court in Kosovo: Kosovo’s parliament is expected approve the establishment of a special court located abroad to try alleged war crimes committed during and after the 1998-1999 Kosovo War. It is also expected that the Parliament will agree to extend the mandate of EULEX with hopes of brining individual accountability to past crimes. However, even if the special court is allowed to process, there are concerns that the weak state of Kosovo’s current justice system may inhibit its effectiveness. (HRW).