Archive for category Rwanda
The United Nations team that led an investigation into war crimes committed in North Korea on Wednesday asked that China support a referral of the case to the International Criminal Court. Michael Kirby was the chair of the commission of inquiry tasked with identifying any crimes committed and ongoing in North Korea. The resulting report outlined ongoing abuses, and has provided evidence to potentially refer North Korea to the ICC. Leaders were concerned Wednesday that China would use its veto power to block any action to refer North Korea. For additional information on this topic, please click here and click here (Reuters, Washington Post)
Richard Muhumuza, the Prosecutor General of Rwanda, vowed that he would collaborate with prosecutors and legal systems throughout Africa to pursue and apprehend remaining war crimes suspects. He spoke at the meeting of the General Assembly of the Africa Prosecutors’ Association, and appealed for cooperation to ensure extradition of suspects. Specifically, he spoke about individuals suspected of perpetrating crimes in the 1994 Rwanda Genocide, who had not been apprehended to date. (AllAfrica)
A report detailing evidence against three International Crimes Tribunal suspects will be turned over to the Prosecution, for consideration. The investigation arm of the ICT compiled a report against Forkan Mollick, Mohidur Rahman, and Afsar Hossain, in relation to alleged mass killings, rape, and forced conversions, among other charges. (BDNews)
UN official says rape used as weapon of war in S. Sudan: U.N. Special Representative on Sexual Violence in Conflict, Zainab Hawa Bangura, stated that the Sudanese government Sudan Peoples’ Liberation Army (SPLA) uses rape as a weapon of war in its current conflict with opposition forces. Bangura stated that women are sent out for firewood and other tasks since men would be killed at SPLA checkpoints, while women are raped at these checkpoints. Bangura stated that sexual violence in conflict could constitute as a war crime or crime against humanity. Bangura has urged government and opposition officials to stop the use of sexual violence and notified both that these crimes will be prosecuted through national and international courts. (Voice of America)
ECCC defense team warned of misconduct and obstructing proceedings: The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has issued warnings to lawyers representing Nuon Chea and Khieu Samphan for misconduct in walking out of the courtroom during opening statements on 17 October and for failing to appear at a trial management meeting. The court accused the attorneys of obstructing proceedings for boycotting their clients’ genocide trial. Kong Sam Onn, Khieu Sampan’s Cambodian lawyer, stated they are acting on behalf of their clients’ wishes in order to draft an appeal brief on earlier convictions for crimes against humanity that carried life sentences in prison. Both defense teams have been ordered to be present in court for another trial management meeting set for Tuesday, but Sam Onn stated that they would not appear unless ordered by their client. Under Rule 38, judges have the ability to impose sanctions on lawyers or refer them to their bar associations for disciplinary action, a process that could ban lawyers from appearing before the ECCC. (Cambodia Daily)
Inter-American Crt of HR decision called “unacceptable” and “biased” by State: Last year, a Dominican court ruled that people born to illegal migrants did not automatically receive citizenship rendering many stateless. The Inter-American Court of Human Rights (IACHR) gave the government six months to invalidate the ruling stating that it discriminated against Dominicans born of Haitian descent. The Dominican Republic has rejected this ruling calling it “unacceptable” and “biased.” Amnesty International stated that this reaction demonstrates a disregard for international law and the country’s legal responsibilities. The court found abuses against human rights in the Dominican Republic’s Law 169/14, which created two categories of people: those who were registered in the Dominican civil registry and those with undeclared births that labeled them as foreigners. The IACHR found the requirement of having Dominicans register as foreigners as a violation of international human rights law. (Fox News, Amnesty International) (For additional information on this topic, please click here)
Argentinian court sentences 15 to life for crimes against humanity: Argentine Federal Court sentenced 15 individuals to life for crimes against humanity during the Argentine military dictatorship from 1976 to 1983. Four others were sentenced between 12 to 13 years in prison and one was absolved. Soldiers, policeman, and former politicians were among those accused for genocide of Argentinians and the kidnapping and murder of Laura Carlotto, daughter of Grandmothers of the Plaza de Mayo founder, Estela de Carlotto. These proceedings began in December of 2013 and finished last Friday with the guilty verdict. (teleSUR)
Rwandan opposition leader files complaint at African Court: Victoire Ingabire, a jailed Rwandan opposition figure, filed a complaint in demand of a retrial with the African Court on Human and Peoples’ Rights. Ingabire was convicted for “conspiracy in harming authorities through terrorism and war,” minimizing the Rwandan genocide, and spreading rumors to incite violence. She was sentenced to 15 years in prison last December. Ingabire wants the court to strike down Rwanda’s laws banning genocide revisionism and spreading rumors. The United Democratic Forces party stated that Ingabire should be freed upon retrial and paid damages for the detention. (Naharnet)
ICC opens investigation into recent war crimes and CAH in CAR: A report issued by the ICC on Wednesday, 24 September 2014, confirms that an investigation has been opened into crimes committed in the Central African Republic by the mainly-Muslim Seleka alliance and the mostly Christian anti-Balaka militia. The allegations include murder, rape and recruiting of child soldiers. Investigators for the ICC will now begin the process of gathering evidence to support charges against those suspected of committing war crimes and crimes against humanity since the conflict began in 2013. (Reuters).
African Commission undertakes fact finding mission into CAR violations: From 10 to 14 September 2014, a three member delegation of the African Commission on Human and Peoples’ Rights conducted a find finding mission in the Central African Republic. The mission consisted of, among other things, discussions with CAR officials, working sessions with UN representatives, meetings with NGOs, visits to refugee camps and gathering of testimony from victims and witness. The delegation intends to issue a detailed report with recommendations to the Assembly of Heads of State and Government of the African Union in January 2015. In the meantime, the delegation has expressed concern that serious violations of human rights have and are continuing to be committed in the CAR. (ReliefWeb).
Karadzic trial closing arguments to be held on 29 August: The ICTY has scheduled closing arguments for 29 September 2014, in the case against Radovan Karadzic. The former Bosnian Serb president faces charges of genocide, crimes against humanity and violations of the laws or custom of wars for crimes committed during the 1992-1995 Bosnian conflict. (ICTY).
Sweden arrests two Rwandans for involvement in 1994 genocide: Two unidentified Rwandans suspected of involvement in the 1994 Rwandan genocide have been arrested in Sweden. The arrests come some two months after a Swedish appeals court confirmed a genocide conviction against Stanislas Mbanenande, a low level commander involved in five massacres in western Rwanda. (All Africa).
HRW says assassination spree in Libya possible CAH: The scores of political assassinations in Libya since 2012 may amount to crimes against humanity, said Human Rights Watch. These assassinations include the 19 September 2014, killing of five civilians, two activists, members of the security forces and a cleric in the eastern city of Benghazi. Human Rights Watch stated that the failure and unwillingness of the government of Libya to initiate investigations into the crimes and prosecute those responsible has “fostered a culture of impunity that has fueled further abuses.” (Human Rights Watch).
Israel and Palestine consider investigations and next steps for crimes on both sides: The Israeli military is investigating suspected war crimes committed by its operations during the recent conflict in the Gaza Strip. It is estimated more than 2,000 Palestinians were killed in Israel’s military campaign in July and August this year. Palestine’s Authority President Mahmoud Abbas said the country will soon decide whether to sign the Rome Statute of the ICC and be able to file a complaint against Israel in the Court for war crimes. (For more information on this topic, please click here) (The Times of Israel, McClatchy DC).
ECCC announces 17 October as date for final phase of trial: The second phase of the trial of Nuon Chea and Khieu Samphan at the ECCC is scheduled to being on 17 October 2014. In this final phase, the two former senior leaders of the Khmer Rouge face allegations of genocide, forced labor and political purges. The two were convicted last month of crimes against humanity for their roles in forced evacuations. (Voice of America).
NGO report provides new evidence of HR violations by Sri Lanka: The British rights group, Freedom From Torture, released a report today, 24 September 2014, documenting acts of detention, torture and sexual violence in Sri Lanka. The acts, carried out by Sri Lanka’s security forces, have mostly been aimed at ethnic Tamils and have occurred since the country’s civil war ended in 2009. Sri Lanka’s cabinet spokesman Keheliya Rambukwella claims the “report is totally biased” and Freedom From Torture “have anti-Sri Lanka elements and continue undue pressure on Sri Lanka by leveling baseless allegations.” (UCA News).
ICC Judge departs for health reasons: Judge Hans-Peter Kaul has resigned from the ICC for health reasons. Judge Kaul served as an ICC Judge for 11 years and was fundamental in the development of the ICC. His resignation will take effect on 1 July 2014. (ICC).
Prosecution and Defence in Katanga Trial abandon appeals: The decision in The Prosecutor v. Germain Katagna. The judgment is not final. The decision made by the Defence for Germain Katanga and the Office of the Prosecutor to discontinue their appeals against the judgment of Trial Chamber II of the ICC on 25 June 2014. (ICC).
UN Human Rights Office alarmed by Venezuela violence: Continued reports of human rights violations reportedly taking place in Venezuela is of concern to the UN. National human rights organizations estimate that more that 3,120 people were detained between February and May 2014. The High Commissioner has called for Venezuelan authorities to respect the rights of those citizen involved in peaceful demonstrations. The High Commissioner has also renewed his calls on the Government of Venezuela to accept all visit requests by UN experts. (UN News).
HRW implores ICC to investigate crimes in CAR: The CAR interim president, Catherine Samba-Panza, formally asked the ICC prosecutor to open an investigation, acknowledging that Central African courts are not in a position to carry out necessary investigations. The CAR has been in a state of acute crisis since 2013. It is expected that the ICC prosecutor will accept the request. (UN News).
ICTR affirms sentence against Bizimungu: The ICTR unanimously affirmed the 30-year prison sentence for former army chief Augustin Bizimungu for his role in the 1994 genocide during which he called for the murder of minority Tutsis. (Yahoo News).
France to introduce resolution seeking ICC investigation of war crimes in Syria: In the next few weeks, France intends to present to the U.N. Security Council a resolution referring Syria to the ICC for war crimes; said French Ambassador to the U.N. Gerard Araud. In the meantime, France presented to the Council a report commissioned on behalf of Qatar containing over 50,000 photographs of alleged human rights abuses committed in Syria. Araud said the report triggered “several minutes of silence” by Council members. (Global Post).
Russia may seek ICC trial for Ukrainian ultranationalists: United Russia deputy Michael Markelov urged Russia to refer Ukrainian nationalist organizations, such as the Right Sector and UNA-UNSO, to the ICC for crimes committed during conflict in Chechnya, South Ossetia and the Balkans. The United Russia deputy hopes the ICC will recognize the “groups as extremists and ensur[e] an international status of political outcasts for them.” The ICC, however, is not legally obligated to consider Russia’s request. Russia, while a signatory to the Rome Statute, has yet to ratify the treaty. (RT).
INTERPOL Secretary General vows to continue to seek justice for Rwanda genocide victims: Speaking at the 6th International Expert Meeting on Genocide, War Crimes and Crimes against Humanity in Kagali, INTERPOL Secretary General Ronald Noble said the international policy organization will continue to bring to justice those responsible for the 1994 Rwanda genocide. Noble asked all the INTERPOL member countries to fully cooperate and apprehend genocide suspects. Representatives from 41 member countries, as well as international organizations are attending the three-day meeting. (all Africa).
Darfur rebel’s ICC trial postponed until further notice due to “logistical difficulties”: The expected 5 May 2014, trial of Abdallah Banda at the ICC for war crimes has been postponed until further notice. Citing “logistic difficulties,” the Court stated it would “decide in due course on the further steps to take, after receiving additional submissions from the prosecution and registry.” Banda, who is not currently in custody as he voluntarily surrendered to the ICC, is accused of leading the September 2007 attack on an AU peacekeepers camp. (Naharnet).
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).
French delegates suggest intent to refer Syria to ICC: France is currently seeking to propose a Security Council resolution that would refer Syria to the ICC for the prosecution of war crimes. Russia stands as the largest opposing force to any such resolution. The process is still in its infancy and many officials have refused to comment on specifics. (NYT).
Arguments conclude in Croatia-Serbia ICJ Case: The Croatia-Serbia ICJ case began in 1999. Since that time, Serbia has filed a countersuit against Croatia and would like to see the ICJ declare the Croatian armed forces’ 1995 action genocide against the Serbian people. The Croatian team still claims that the Serbian forces were excessive in their use of force. The final verdict may be announced by the end of this or early next year and may not be appealed. (B92).
UN concerned over continued violence in CAR: The UN human rights office has finished its preliminary investigation of the deadly events that took place on March 29 in Bangui, CAR. It has been determined that Chadian soldiers killed some 30 civilians and wounded more than 300 in an indiscriminate attack on a market. (UN News).
UN Secretary General commemorates 20-year anniversary of Rwanda Genocide: UN Secretary-General Ban Ki-moon reminds the international community that the atrocities that took place in Rwanda should not be forgotten and should not have occurred in the first place. Monday’s commemoration is part of a series of events that aim to remember the people murdered in Rwanda and to unite the people of Rwanda. (UN News).