Archive for category Rwanda

30 June 2014 – NEWS ABOUT THE COURTS

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).

 

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17 April 2014 – NEWS ABOUT THE COURTS

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).

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15 April 2014 – NEWS ABOUT THE COURTS

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).

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7 April 2014 – NEWS ABOUT THE COURTS

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).

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10 March 2014 – NEWS ABOUT THE COURTS

Amnesty Report highlights Syria crimes:  Amnesty International has reported that the Syrian army has been using starvation as a weapon of war in its control of the Yarmuk Palestinian refugee camp near Damascus.  Because aid cannot be delivered due to the Syrian army’s interference at least 60 percent of those in Yarmuk are suffering from malnutrition.  (AFP).

Croatia-Serbia genocide case begins at ICJ:  The ICJ has begun hearings in mutual claims of genocide brought by Croatia and Serbia.  The original suit was brought by Croatia in 1999 blaming Yugoslavia alleged acts amounting to ethnic cleansing.  Yugoslavia, now Serbia, countersued claiming that 200,000 ethnic Serbs were forced to flee in 1995 when Croatian troops launched a military operation to retake occupied territory.  (For additional information on this topic, please click here) (SBS, ICJ).

Karadzic prosecution seeks to introduce new evidence:  The discovery of a mass grave in Bosnia has motivated the Prosecutors at the Hague tribunal to ask the judges to allow them to reopen their case against Bosnian Serb president Radovan Karadzic.  The Prosecution argues that restricting the use of this new found evidence would be against the interests of justice.  (IWPR).

Rwandan Government releases genocide report; criticizes ICTR:  Rwanda’s senate has released a report that attacks the competency of the ICTR.  There have been a number of acquittals which have taken place that are at the center of the public outrage.  However, the court has put nearly two million people on trial, convicting 65 percent of them.  (AFP).

Saadi Gaddafi returned to Libya for trial:  Saadi Gaddafi has been extradited from Niger to stand trial Libya.  He is currently facing charges of embezzlement and making armed threats.

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19 February 2014 – NEWS ABOUT THE COURTS

U.N. panel finds widespread human rights abuses in North Korea: A 400-page investigatory report documenting alleged human rights abused being carried out in North Korea was released by a special U.N. commission.  The report, which has already gained support from countries such as the U.S. and South Korea, reveals widespread and systematic acts of torture, starvation and executions. International scholars, who argue the acts could warrant an ICC prosecution, fear China, a permanent member of the U.N. Security Council and a close ally of North Korea, would veto a referral to the permanent international court. North Korea has yet to respond to the report that is expected to be presented next month in Geneva to the U.N. Human Rights Council. (Wall Street Journal).

Kenyan AG Githu Muigai addresses  ICC: Domestic law prevents the disclosure of the Kenyan President’s financial records, said Attorney General Githu Muigai while speaking to ICC judges in The Hague on 13 February 2014. The attorney general informed the judges that proper procedure required the request for records to be submitted first to the local prosecutor for authorization. Muigai also denied that Kenya’s failure to comply with the ICC prosecution’s request for financial records violated its responsibilities to the Court.  (Institute for War & Peace Reporting).

Frankfurt: Genocide trial of Rwandan mayor begins: A German higher court commenced proceedings on 18 Tuesday 2014, against former Rwandan mayor Onesphore Rwabukombe. Rwabukombe, an ethnic Hutu, is charged with the mass killing of nearly 4,000 ethnic Tutsi during the 1994 Rwandan genocide. Some 50 witnesses are expected to testify in the first Rwandan genocide case tried in Germany. Rwabukombe faces life imprisonment if convicted. (The Local).

Socio-Political Scientist Herve Maupeu testifies at Ruto/Sang ICC trial: The trial of Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang resumed in The Hague on 17 Monday 2014 after the Christmas recess. An expert witness on Kenya’s social and political history, Herve Maupeu, testified that the country’s sitting head of state Uhuru Kenyatta had been a member of the Orange Democratic Movement’s leadership circle. Deputy President Ruto is a supporter of the Orange Democratic Movement which is alleged to have planned attacks against the rival political party. (Standard Media).

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18 February 2014 – NEWS ABOUT THE COURTS

ICC to decide on witnesses refusing to testify in Ruto case: The trial against Kenyan Deputy President William Ruto and journalist Joshua Sang before the ICC continued on Monday, 17 February 2014, but several witnesses have refused to testify, an issue the judges are expected to rule on this week. Prosecutor Fatou Bensouda has asked the Court to summon seven witnesses, whom she alleges have refused to testify due to bribery, whereas Attorney General Githu Muigai argued that the Court cannot compel testimony. So far, 10 witnesses have testified. (The Star).

Genocide survivors outraged by ICTR acquittals: A Rwandan genocide survivors’ association declared the ICTR Appeals Chamber’s 11 February 2014 acquittal of two former army officers of charges related to the 1994 Rwandan genocide to be an “outrageous” decision and a “denial of justice.” Major Francois-Xavier Nzuwonemeye was acquitted because his alleged role in the assassination of the Prime Minister and killing of 10 Belgian UN Blue Helmets had not been proven beyond a reasonable doubt, and General Augustin Ndindiliyimana was acquitted because the Court ruled that he had not had effective authority over subordinates who had been abused. In both cases, the Appeals Chamber found errors in the assessments of the Trial Chamber. The sentence of a third officer, Innocent Sagahutu, was reduced from 20 to 15 years because the Court found that he had not ordered the killing of two Belgian UNAMIR peacekeepers. The Court also said that it would deliver a decision concerning the sentence of former army chief Augustin Bizimungu at a later date. (For more information on this topic, please click here and here). (AFP, ICTR, AllAfrica).

ICTY Accused, Milan Lukić, transferred to Estonia to serve sentence: Milan Lukić, who was sentenced to life in prison by the ICTY in 2009 for having committed crimes against humanity and violation of laws and customs of warfare, a conviction that was confirmed by the Appeals Chamber in 2012, has been transferred to Estonia, where he will serve out his sentence. (in Serbia).

Parties prepare final submissions after confirmation hearing concludes in Ntaganda case: Following the conclusion of the confirmation of charges hearing in the case against Bosco Ntaganda before the Pre-Trial Chamber of the ICC, both sides are preparing final written submissions. The Prosecutor and the Legal representatives of the victims have to turn in their submissions by 7 March 2014, and the Defense may reply to these submissions until 4 April 2014. The judges will decide whether to confirm the charges, decline to confirm the charges, or request further evidence within 60 days of receipt of the Defense’s written submission. Ntaganda is suspected of committing war crimes and crimes against humanity in Ituri, DRC between September 2002 and September 2003, and the Pre-Trial Chamber II concluded the five-day hearing concerning these charges on 14 February, 2014. (ICC-CPI).

STL trial bring sense of justice as fifth accused is joined to case: On 14 February 2014, exactly nine years after the assassination of Rafic Hariri, mourners and friends of the former Lebanese Prime Minister were hopeful that the STL will bring those accused of the bombing to justice. Several days prior to the anniversary of Hariri’s death, on 11 February 2014, the STL had joined the case of a fifth alleged Hezbollah member to the trial of the four alleged members currently accused. (For more information, please click here) (The Daily Star).

UNHCR recommends international investigation into Sri Lanka war crimes: The UN High Commissioner for Human Rights Navi Pillay has called on the UN Human Rights Council to conduct an independent international probe into the war crimes committed in Sri Lanka during the Liberation War. According to Pillay, the Sri Lankan government has consistently failed to address the human rights violations that occurred between 1972 and 2009. (The Daily Star).

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13 February 2014 – NEWS ABOUT THE COURTS

Nine former paramilitaries convicted of war crimes in Serbia: Nine members of the Serbian Jackals paramilitary unit were sentenced by a Serbian war crimes court to imprisonment of between two and twenty years. The nine members were found guilty for the massacre in Kosovo of over 100 Albanian civilians in 1999. The prosecution intends to appeal and seeks increased prison sentences. (VOA News).

ICTR acquits former paramilitary chief on appeal: On Tuesday, 11 February 2014, the ICTR acquitted two former army officers of charges related to the 1994 Rwandan genocide. A judgment on a third army officer is expected at a later date. (Zee News).

Kenyan government to argue Kenyatta’s bank records cannot be turned over: Kenya’s Attorney General, Githu Muigai, will address the ICC on Thursday, 14 February 2014, concerning the countries failure to disclose the requested financial records of President Uhuru Kenyatta. Muigai claims the records are protected by Kenya’s Banking Act, as well as the Rome Statute and the ICC’s Rules of Procedure and Evidence. ICC Prosecutor Fatou Bensouda disagreed, and worries nondisclosure “would reward the accused.” (Standard Digital).

ICC prosecutor gives details regarding witness disappearance: A major ICC prosecution witness is reported to have disappeared in September 2013, according to a motion filed by Prosecutor Fatou Bensouda. It has been alleged the witness was bribed and pressured to withdraw. The motion requests the ICC to compel the missing witness and six others to appear before the court in the case against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang. (Standard Digital).

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5 February 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor: Kenyan government obstructionism means ICC will not be successful in Kenyatta prosecution: Prosecutors requested the ICC on 31 January 2014, to adjourn the trial of Kenyan President Uhuru Kenyatta until the defense delivers requested financial records. The prosecution argued the defense’s failure to fulfill court obligations was harming investigations. The prosecution predicts the records will show that Kenyatta indirectly financed the violence committed after the 2007 presidential election. (Reuters).

Trial of Rwandan Army Captain charged with complicity in ’94 genocide begins in France:  Proceedings in the case against Pascal Simbikangwa, a former captain of the Rwandan army, commenced in France on Tuesday, 4 February 2014.  Simbikangwa faces charges of complicity to commit genocide for, among other things, organizing massacres and supplying arms. French law allows the country to hear cases of genocide and other serious violations of international law committed in Rwanda. (Jakarta Globe).

Costa Rica to sue Nicaragua over sea rights at the ICJ: Costa Rica intends to file suit in the ICJ by May 2014, concerning ownership over an area of sea. The country claims Nicaragua usurped “Costa Rican territorial seas, based on demarcation it did arbitrarily and unilaterally, to chart what it calls its oil (exploration) blocs.” Nicaragua, on the other hand, argued it had jurisdiction over the waters under a November 2012 ICJ decision between its country and Columbia. (Inside Costa Rica).

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15 January 2014 – NEWS ABOUT THE COURTS

Kenyan ruling on accused journalist expected end of January: An ex parte hearing is scheduled on Monday, 20 January 2014, at the Kenyan High Court concerning the arrest and extradition of Walter Barasa to the ICC. Barasa, a journalist accused by the ICC of witness interference, has moved the High Court to declare the ICC warrants against him invalid. The ruling on whether to extradite Barasa to The Hague for trial is expected 31 January 2014. (Capital News).

ICC to discuss Ruto excusal request: The ICC is holding a status conference to determine whether Kenyan Deputy President William Ruto may be excused from continuous presence in The Hague. Ruto’s request for excusal came after the ICC Assembly of States Parties ruled that senior officials could be tried in absentia. ICC Prosecutor Fatou Bensouda has urged the court to deny the excusal motion since not all the Deputy President’s duties demand his presence in Kenya. The trial of Ruto, and his co-accused, journalist Joshua arap Sang, is expected to continue on Thursday, 16 Wednesday 2014. (Standard Digital).

Victim representative claims ICC being undermined: A victim representative fears withdrawal of charges in the case against Kenyan President Uhuru Kenyatta will undermine the ICC’s credibility. Irish barrister Fergal Gaynor questioned why the ICC prosecution is “on the verge of raising the white flag of surrender when its quite clear the government has blocked evidence?” Kenyatta is on trial for crimes against humanity in which Gaynor represents some 20,000 victims. (Global Legal).

Widow of Rwandan President sues in ECHR: Former Rwandan President Habyaramina’s wife has filed suit at the ECHR claiming France violated the European Convention on Human Rights for refusing her residency. The former President’s wife, Agathe Habyarimana, wanted for genocide in Rwanda, alleged France is politically discriminating against her. France, on the other hand, argued Agathe was a “danger to public order.” (All Africa).

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