Archive for category Libya
Mrs. Gbagbo appears before national trial and denies wrongdoing: Simone Gbagbo presented evidence for the first time in her trial in Abidjan. Mrs. Gbagbo denies all wrongdoing in her alleged role in inciting post election violence in 2010. In December 2014, the ICC denied the Ivory Coast’s admissibility application to try Mrs. Gbagbo nationally and ordered the Ivory Coast to surrender her to the Hague. By starting Mrs. Gbagbo’s trial, the Ivory Coast is proceeding in violation of the ICC’s decision. Mrs. Gbagbo’s husband, former President Laurent Gbagbo, is currently being tried at the ICC. (BBC, France24, ICC-CPI) (for additional information please click here and here)
ICC Prosecution to call final witness in Ruto / Sang case on 23 March: The 30th and last witness in the case against former Deputy President William Ruto and journalist Joshua arap Sang will testify on 23 March 2015. The ICC Public Affairs Unit stated that witness P0727 has been unwilling to testify and has put conditions upon testifying. The witness did not appear to testify on 2 February 2015, but will now testify by video from a secret location on 23 March. (CaptialFM)
At-large former lawmaker sentenced to life imprisonment by ICT Bangladesh: The International Criminal Tribunal of Bangladesh sentenced former lawmaker, Abdul Jabbar, to life imprisonment for crimes against humanity. The crimes against humanity were committed during the 1971independence war against Pakistan and include counts of genocide and religious persecution of the country’s Hindi minority. The court stated that Jabbar would get some leniency in mere imprisonment due to old age. Jabbar is still at-large and is thought to be in the United States. (The Economic Times, The Sun Daily) (for additional information please click here)
UNAMI and OHCHR report says HR violations in Iraq increasingly sectarian: A report produced by the UN Assistance Mission for Iraq and the Office of the UN High Commissioner for Human Rights highlights the increase of human rights violations in Iraq. The Islamic State of Iraq and the Levant have intentionally targeted members of Iraq’s different ethnic communities. The report covers a three month period from11 September to 10 December 2014. The report claims that many of the acts committed could constitute as war crimes, crimes against humanity, and possibly genocide. (United Nations)
US federal court orders 218 million USD award against Palestinian Authority: A United States jury found in favor of ten American families for six attacks credited to the al-Aqsa Martyrs Brigades and Hamas over a decade ago. The Manhattan based court ordered the Palestine Liberation Organization and the Palestinian Authority to pay 218 million USD. The United States Anti-Terrorist Act allows citizens harmed by terrorist acts to sue for damages in federal courts. Both groups stated that they would appeal the ruling. The Palestinian Authority signed the Rome Statute and submitted an Article 12(3) declaration in January 2015 in order to accept the ICC jurisdiction. (France24)
Amnesty highlights evidence of war crimes for Egyptian airstrikes in Libya: Amnesty International stated that violence in Libya is escalating and that civilians are feeling the impact of the attack. Amnesty claims that the Egyptian Air Force did not take the necessary precautions in their air strike over Libya to prevent civilian deaths. Amnesty has many eyewitness accounts that highlight the damage done over civilian populated areas in Libya. (Amnesty International)
Posted by Aryane Garansi in Chad, Crimes against Humanity, Human Rights Violations, ICC, Investigations, Iraq, Libya, News about the Courts, North Korea, Other domestic courts, Sri Lanka, Torture, UN General Assembly, UN Human Rights Council, UN Security Council, Victims, War Crimes, Witnesses on February 17, 2015
UN HR Council grants 6 mo delay to release of Sri Lanka war crimes report: The United Nations Human Rights Council granted the Sri Lankan government a six month delay in releasing its report on alleged war crimes. The report, led by former Finnish President Martti Ahtisaari, was due next month, but UN rights chief Zeid Ra’ad al-Hussein stated that he recommended a deferral until September. A Sri Lanka Foreign Ministry official stated that the delay would help the “new government’s move to establish democratic process for accountability issues.” These war crimes stem from the previous government who stands accused of human rights violations during the final stages of the civil war in May of 2009. The United Nations Human Rights Council began their own investigation in March after stating that former President Mahinda Rajapaksa had failed to properly conduct his own investigation. Once released, the United Nations report would be the basis of which the HR Council would recommend to hold those accountable for crimes, including a referral to the International Criminal Court. (Reuters, New York Times, Aljazeera) (for additional information please click here and here)
Extraordinary African Chambers finds enough evidence against Habre to proceed to trial: The Extraordinary African Chambers found enough evidence against Hissene Habre for crimes against humanity, war crimes, and torture to go forward with trial. This evidence comes from witness and victim interviews, documents from Habre’s secret police, and a visit to mass graves during a 19-month pretrial investigation conducted mainly in Chad. These allegations stem from Habre’s eight-year rule in Chad, though he was overthrown over 20 years ago. Habre lived in exile in Senegal until he was detained in 2013. The trial is expected to begin in May or June and will have two Senegalese judges and a lead judge from another African Union member state. (Defence Web)
HRW calls Libyan beheadings a war crime: Human Rights Watch stated that the killing of 21 people by a Libyan extremist group constituted as a war crime. A video was published on 15 February 2015 that showed the 21 men beheaded on a beach thought to be in western Libya. HRW called for Libyan officials to hold those accountable for the acts and for the United Nations to establish a mechanism to investigate and prosecute the crimes. The Libyan extremist group has pledged its loyalty to ISIS, another extremist group. (Human Rights Watch)
Kurdish Gov investigating atrocities committed against ISIS: Images posted on Twitter of beheaded ISIS militants have been confirmed as legitimate by the Kurdish government. These tactics committed against ISIS fighters mirrors the extremist group’s own tactics. The beheadings occurred on 30 January 2015 during a battle to drive ISIS out of the city of Kirkuk. The Kurdish government is investigating the atrocities committed. Kurdish Regional government spokesperson Safeen Dizayi stated that there is no justification for treating dead corpses in this manner. (CTV News)
Official says N Korea not guilty of any crime while asking for HR conference to be cancelled: The United Nations General Assembly urged the UN Security Council to refer North Korea to the International Criminal Court for crimes against humanity back in December. North Korea’s UN ambassador, Jang Il Hun, stated on Monday that the threat of referral was not worrisome since they are not guilty of the alleged crimes. Hun also stated that he asked the United States to cancel a conference to be held at Washington’s Center for Strategic and International Studies concerning human rights in North Korea. Hun sent a formal request to his counterpart in the State Department, but the request was denied, as it was not a U.S. government event. (Euronews)
Sri Lanka requests delay on UN war crimes report: Sri Lankan officials have asked the UN for a delay in the releasing of the report investigating the atrocities of the war between the Tamil Tigers and government forces. A delay in the report’s release until August should give enough time for internal mechanisms to be established. UN officials said the timetable for the report’s release has not been changed as of it. (For additional information on this topic, please click here.) (BBC, Reuters)
UN Libya Mission concerned over deteriorating political, human rights situation: The UN has released a report lamenting the conditions in Libya. The report highlights the vulnerable situation of migrants in Libya as well as those behind bars with no foreseeable way to challenge their incarceration. There is hope that once the State institutions are strong enough, Libya will stabilize and the fact finding and reconciliation commission will be able to operate more effectively. (For additional information on this topic, please click here.) (UN, Jurist)
HRW Report details mass Sudan rapes last October: According to HRW, Sudanese army forces raped more than 200 women and girls in an organized attack on the north Darfur town of Tabit in October 2014. The UN and AU have been urged to take aggressive steps to stop any further abuses from occurring. HRW has also urged the ICC to further investigate Darfur and push for more involvement. (For additional information on this topic, please click here.) (HRW, Reuters)
ECOWAS Court highlights importance of regional human rights mechanism: The President of West Africa’s Community Court has called on the community and the ECOWAS Commission for the development of an instrument that will ensure the human rights of the 300 million citizens of West Africa. The new ECOWAS Court President has also called for more enforcement in regards to the court’s authority in order to strengthen its presence. (All Africa)
Chui Acquittal Appeal Decision Expected 24 February: Former leader of National Integrationist Front, Mathieu Ngudjolo, was originally charged with various counts of crimes against humanity and war crimes on 18 December 2012. On 21 December 2012, Mathieu Ngudjolo Chui was released from custody. On 20 December 2012, the Office of the Prosecutor appealed the verdict. The Appeals Chamber of the ICC will deliver its verdict in regards to the appeal on the 24 February 2015. (ICC).
Libya Parliament Cancels Political Isolation Law: Libyan parliament members passed a law in 2013 blacking Gaddafi-era officials from taking part in politics. However, this law was passed amid extraneous pressures being applied to law makers in Tripoli by armed groups. The parliament has effectively revoked the law but concerns over whether the Tobruk-based legislature will accept its revocation remain at the forefront. (BBC).
UN Urges Kosovo to Establish Special Court for War Crimes: Secretary General Ban Ki-moon lauded the work of the United Nations Interim Administrative Mission in Kosovo, but remains persistent in his desire establish a special court to try cases arising from the findings of the European Union Special Investigative Task Force. (b92).
UN Human Rights Council Names New Head of Gaza Inquiry: The United Nations Human Rights Council has formed an inquiry to investigate the possible occurrence of war crimes which took place during the summer’s Gaza conflict. The former chairman, William Schabas, resigned among accusations of bias. He has been replaced with Mary McGowan Davis, a former justice of the New York Supreme Court. (NYTimes).
New Sri Lanka President sends delegate to UN to discuss war crimes investigation: A political change in Sri Lankan politics has opened the doors to UN influence. The newly formed government is planning to investigate accusations of human rights of abuses which allegedly took place amid its civil war. Government officials plan to begin the investigation at a local level before making the decision to bring in foreign experts. (Reuters).
Rights groups call for investigations into killings, war crimes in Libya: Amnesty International has called on the UN to implement sanctions and conduct investigations in response to the possible commission of war crimes in Libya. The UN is currently negotiating with some of Libya’s factions in order to form a unity government in hopes of returning stability back to the nation. (Reuters).
LRA Commander appears at ICC; Uganda unlikely to challenge admissibility: Dominic Ongwen has come before the ICC charged with seven counts of crimes against humanity. As a former member of the LRA, Ongwen was alledgedly involved in various accounts of murder and enslavement. Though a fierce critic of the ICC, Uganda does not plan to challenge the admissibility of the case being heard at the ICC because the LRA has become a regional problem. (For additional information on this topic, please click here.) (BBC, Bloomberg)
ICTY transfers documents in first phases of transition to court residual mechanism: The ICTY has transferred its records pertaining to the cases of Duško Tadić, Sefer Halilović and to the contempt of court case against Milan Vujin to the MICT. The MICT was established in 2010 and tasked with the responsibility of preserving the legacy of the ICTY and the Rwanda Tribunal. (For additional information on this topic, please click here.) (ICTY, The Hague)
DNA test requested for murdered ICC witness: Deputy President William Ruto’s attorney, Karim Khan, requested a DNA test of Meshack Yebei. Yebei was a potential witness in the trial against President Ruto and was found dead in western Kenya in early January. President Ruto was charged with crimes against humanity during the post election violence in Kenya. Yebei’s family consented to the DNA test and stated that Yebei never mentioned he was an ICC witness. Prosecutors stated that they had not been planning to call Yebei as a witness during trial due to his implication of trying to corrupt witnesses. Khan stated in a letter to the head of Kenya’s Criminal Investigation Department that Yebei had been a key witness for trial. Yebei had even been referred to the ICC’s Victims and Witness Unit for protection. Prosecutors stated that any suggestion that they were involved in Yebei’s abduction and murder was “outrageous and utterly false.” (BBC News, AllAfrica) (for additional information please click here)
Government says it wants to try Ongwen in Uganda: The government of Uganda stated that it wanted to try Lord’s Resistance Army rebel commander Dominic Ongwen. Ongwen recently surrendered and is in U.S. custody in Central African Republic. Ongwen is also wanted by the ICC. Uganda State Minister for Regional Cooperation Asuman Kiyingi stated that they would rather try him in Uganda than in the ICC because they have the capacity. A decision regarding whether Uganda gets to try Ongwen will be reached after consultations with the African Union, Uganda, United States, and United Nations. (NY Times)
Libyan trial of Saif Gaddafi and Al-Senussi delayed again: The trial of Saif Al-Islam Qaddafi and 36 other senior officials, including former security chief Abdullah Senussi, has been postponed once again. On 11 January 2015, trial opened and was subsequently adjourned until 25 January. This case opened in 2012 and has seen many setbacks. Those that stand accused could face the death penalty for “genocide, killing of unarmed civilians, abuses of power, human rights abuses, employing mercenaries and encouraging rape as a weapon of war.” The ICC indicted both Gaddafi and Senussi. After proceedings on Libya’s admissibility challenge, the ICC ordered the surrender of Gaddafi to the ICC. Libya has failed to comply with this order. (Libya Herald)
US Senators condemn Palestinian decision to join the ICC: Senators Lindsey Graham, Robert Menendez, Chuck Schumer, and Mark Kirk threatened Palestine over their decision to join the ICC. Palestinian President Mahmoud Abbas applied to join the ICC following a rejection on Palestine’s proposal for statehood by the United Nations Security Council. On 1 January Palestine submitted an Article 12(3) declaration that gives the ICC jurisdiction since 13 June 2014. Palestine also submitted documents to accede to the Rome Statute on 7 January. Senators issued a warning to Palestine stating “that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA” would end. (Press TV, International Criminal Court) (for additional information please click here)
UN report on crimes in CAR finds evidence of CAH and WC, but no genocidal intent: A UN report released last Thursday concluded that the events that conspired in the Central African Republic by the Seleka coalition and the anti-balaka did amount to crimes against humanity and war crimes. The commission of inquiry of the United Nations Security Council did not find any genocidal intent, but considered the ethnic cleansing of the Muslim population as a crime against humanity. (Tamil Guardian)
UN report on S. Sudan killings finds evidence sufficient for further investigations and prosecution: The United Nations stated that offenders of the ethnic massacres in Bentiu and Bor last April could be prosecuted based on extensive investigations into the matter. Offenders included members of the Sudan People’s Liberation Army-In Opposition. The investigation comprised of site visits by human researchers and 142 interviews. (Radio Tamazuj)
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).