Archive for category SCSL
ICTY finds Seselj breached provisional release, orders return: On Monday, 30 March 2015, ICTY appeals judges found that Vojislav Seselj breached the terms of his provisional release and ordered the former Serbian leader to return to The Hague. Seselj was granted provisional release in November 2014 to seek medical care in Serbia under the condition that he not interfere with victims or witnesses and return to the tribunal if summoned. After arriving in the country, Seselj told supporters that he would not return to the ICTY voluntarily and challenged officials to attempt to arrest him. Serbian Prime Minister Aleksandar Vucic said the government will “respond in the coming days.” (For additional information on this topic, please click here and here) (Reuters, Wall Street Journal, The News Tribune).
ECCC indicts Ao An in Case 004:The ECCC’s international co-investigating judge has charged Ao An in Case 004 with premediated murder under the 1956 Cambodian Penal Code and crimes against humanity. The crimes were allegedly committed at Kok Pring execution site, Tuol Beng security centre and Wat Au Trakuon security centre. The defense for the former member of the Khmer Rouge will now have access to the case file and be able to participate in the investigation. (ECCC).
RSCSL rejects request from Taylor for prison transfer to Rwanda: Former Liberian President Charles Taylor’s motion to be transferred to a prison in Rwanda to serve the remainder of his sentence was denied by the Residual Special Court for Sierra Leone. The RSCSL Trial Chamber found, among other things, that transferring Taylor to Rwanda could pose a threat to peace and security and found that the former president’s family’s inability to travel to the United Kingdom was not interference by the RSCSL. Taylor had claimed that his family was unable to visit him in the United Kingdom where he was serving his 50-year prison sentence and it would be more humane for him to be imprisoned in Africa. (All Africa).
Amnesty Report find Hamas responsible for war crimes in Gaza: On Thursday, 26 March 2015, Amnesty International released a report finding the Palestinian militant group Hamas committed war crimes during the Gaza War. Specifically, the report said Hamas was responsible for firing rockets and mortar shells in Israel resulting in the death of thousands of civilians. The accusatory report follows Palestine’s recent application for membership in the ICC which began an investigation into alleged war crimes during the Israeli-Palestinian conflict in January 2015. (Foreign Policy).
UNCHR says human rights defenders risk murder in Libya: The U.N. Office of the High Commission for Human Rights (UNCHR), jointly with the U.N. Support Mission in Libya, released a report highlighting the abuse and threats faced by human rights defenders in Libya. UNCHR urged the government of Libya to meaningfully investigate the alleged abuses and hold accountable those responsible. UNCHR also recommended sensitivity training for investigators, reparations for victims of the abuse, release of those unjustly detained and cooperation with the ICC. The U.N. Human Rights Council intends to send a team to investigate the human rights abuses in Libya. (Libya Herald).
France seeks UNSC referral of ISIS to ICC: France is urging the U.N. Security Council to refer the Islamic State militant group to the ICC for war crimes and crimes against humanity committed in Iraq and Syria. The ICC Prosecutor is unable to open an investigation into crimes committed in non ICC member states unless referred by the 15-member Security Council. If the matter were to be referred, the ICC prosecutor and judges will then have to decide whether the referral of the militant group is legitimate. (Reuters).
Residual Mechanism for SCSL grants conditional early release to Moinina Fonfana: Former Sierra Leonean military leader Moinina Fonfana has been granted conditional early release by the President of the Residual Special Court for Sierra Leone. The terms of Fofana’s conditional early release include acknowledging and showing remorse for his crimes and ensuring that he will not in any way interfere with witnesses. Fofana was found guilty of war crimes and crimes against humanity and will serve the remainder of his 15-year prison sentence in Sierra Leone so long as he complies with the terms of the conditional early release. (The Patriotic Vanguard).
ICTY rejects Hadzic request for provisional release: The ICTY rejected former President of the Republic of Serbian Krajina Goran Hadzic’s request for provisional release to seek medical treatment in Serbia. The Tribunal found that the former President was receiving adequate care at the U.N. detention center in The Hague and that the defense had provided insufficient humanitarian reasons justifying such a release. Hadzic’s trial for crimes against humanity and violation of the laws or customs of war in Croatia during the early 1990s began on October 16, 2012. (InSerbia).
UN Commission of Inquiry on Gaza delays report until June: The U.N. Human Rights Council has announced that the scheduled 23 March 2015 report from the U.N. Commission of Inquiry on Gaza has been delayed until June. Investigators on the U.N. Commission of Inquiry said they need more time to review additional evidence before releasing the report, which concerns the alleged war crimes committed during last year’s 50-day conflict in Gaza. (Europe Online Magazine).
ICC Prosecutor urges Security Council action in Sudan: ICC Chief Prosecutor Fatou Bensouda briefed the U.N. Security Council this week on Darfur. The Chief Prosecutor expressed concern over the failure to enforce arrest warrants and apprehend suspects. Bensouda urged the Security Council to take decisivie action and bring to justice those accused of crimes against humanity. Bensouda also called for an independent inquiry into recent allegations that the African Union-United Nations Mission in Darfar was engaged in manipulations and cover ups. (For additional information about this topic, please click here.) (UN News Centre, Reuters).
UN Human Rights Council reports ongoing crimes in Syria, Iraq: Human Rights Watch reviewed evidence, including satellite images over the city of Aleppo, from October 31, 2013, and April 2, 2014, that strongly suggest the Syrian government used barrel bombs and other weapons in attacks against civilians. Other evidence showed that armed groups opposed to the government used child soldiers and turned schools into military bases and prisons. Human Rights Watch requested the Commission of Inquiry to take steps to punish those responsible and prevent the serious violations of international law. (For additional information about this topic, please click here.) (Human Rights Watch, Reuters).
Sri Lankan Parliament votes against UN Investigation: A motion rejecting a U.N. investigation into crimes committed in Sri Lanka during its 26-year civil war was approved by the Sri Lankan Parliament on Wednesday, 18 June 2014. 144 out of 225 members of Sri Lanka’s Parliament found the investigation would be “detrimental to the process of reconciliation and peace and [would] erode the sovereignty, dignity and statute” of the country. The motion is not binding on a U.N. investigation. (Washington Post).
UN Human Rights Commissioner Pillay concerned about war crimes in Iraq: Navi Pillay, the U.N. Human Rights Commissioner, released a statement on Monday, 16 June 2014, finding the executions committed by Islamist militants in Iraq to “almost certainly amount to war crimes.” In the past week, the militants seized the northern part of the country and threatened further violence. Pillay condemned the shocking crimes carried out and called for immediate action. (Reuters).
Charles Taylor appeals for prison relocation: Former Liberian President Charles Taylor has filed a motion with the Special Court for Sierra Leone arguing violations of his human rights for being sentenced to jail in the U.K. Taylor claims his family is unable to visit him in the U.K. and that it would be more “humane” for him to serve his sentence in Africa. The former Liberian President was convicted by the Special Court in 2012 for aiding rebels in Sierra Leone. (BBC).
Santiago steps down as ICC judge, cites health issues: Judge Miriam Defensor-Santiago is stepping down from the ICC due to health concerns; she announced in a letter addressed to President Sang-Hyun Song this week. Santiago was elected in December 2011, and was the first Asian from a developing country and first Filipino to sit on the Court. Santiago requested her letter to ICC President Song be distributed to all parties of the Rome Statute “with thanks.” (Business World Online).
African Attorney Generals seek more African judges at the ICC: At a meeting in Ethiopia last month, African Attorney Generals said they will push for more African judges at the ICC. Additionally, the AGs agreed to seek an advisory opinion from the ICJ on the issue of presidential immunity. The AGs previously recommended an amendment to the Protocol of the Statute of the African Court of Justice and Human Rights to allow for presidential immunities. (the Star).
Special Court for Sierra Leone grants application for Senessie’s conditional early release: Yesterday, 4 June 2014, the Residual Special Court for Sierra Leone granted Eric Koi Senessie an application for conditional early release. Senessie was convicted of contempt by the SCSL in June 2012, for bribery and interfering with a witness. Senessie received two years imprisonment after admitting his guilt in a formal statement to the SCSL. (the Hague Justice Portal).
Three Bosnian Serb former soldiers arrested for war crimes following mass grave discovery: Mitar Vlasenko, Rade Vlasenko and Drago Koncar were arrested today, 5 June 2014, in the northwestern part of Bosnia and Herzegovina. The three former Bosnian Serb soldiers are suspected of war crimes committed against Muslim Bosniaks during the 1992-95 Bosnian conflict. The arrests stem from last year’s discovery of a mass grave containing the remains of some 1,000 victims. (Chicago Tribune).
US War Crimes Envoy Stephen Rapp travels to Sri Lanka: US Ambassador for Global Criminal Justice, Stephen Rapp, will spend five days in Sri Lanka discussing rights and reconciliation following the decades-long separatist war. Sri Lanka has resisted calls to investigate allegations that war crimes were committed with a estimated result of 100,000 lost between the years of 1972 and 2009. (AFP).
ICC claim alleges military war crimes in Egypt: The Muslim Brotherhood in Egypt has gone international with its complaint against the current Egyptian government. A team of lawyers representing the Brotherhood has filed a complaint with the ICC alleging widespread crimes against humanity by the Egyptian military. (For additional information on this topic, click here) (Globe and Mail, Daily News).
Ongoing Egypt unrest prompts arrest of MB sympathizers: The Muslim Brotherhood has accused Egyptian police of plotting violent attacks to support an increase in arrests. The Brotherhood denies that it practices violence. However, the Egyptian authorities insist that the Brotherhood has sent members to the Gaza Strip to receive training from Hamas. (Aljazeera).
SCSL concludes operations: The Special Court of Sierra Leone closes its doors after 11 years of service. Among other accomplishments, the trials saw first-ever convictions for attacks against UN peacekeepers, forced marriage as a crime against humanity, and for the use of child soldiers. The success of the special court sets an important precedent for future courts and tribunals. (For additional information on this topic, click here) (UN News, RTT News).
UN Commissioner applauds Nepal High Court in amnesty decision: High Commissioner, Navi Pillay, welcomes the decision Nepal’s High Court to withhold amnesty for serious human rights violations committed during the country’s decade long civil war. Pillay believes that this decision by the High Court will ensure that the Truth and Reconciliation Commission will not be abused or delay criminal investigations and prosecutions of conflict-related cases. (UN News).
U.K. threatens Sri Lanka with international inquiry: The U.K. Secretary of State for Foreign and Commonwealth Affairs, William Hague, warned Sri Lanka that if it did not investigate allegations of sexual violence committed by government forces during its 26-year civil war it would be subject to an international inquiry. Hague warned the country that it had until the Human Rights Council met in March to conduct an independent and credible investigation. Sri Lanka is one country that has not yet signed the U.K.’s declaration to end sexual violence during conflict. (Sunday Times).
Bosnian Serbs arrested for CAH: The Bosnian prosecution office has charged nine suspects with crimes against humanity related to the country’s 1992-1995 civil war. The nine Bosnian Serb policeman allegedly “expelled, deported, illegally imprisoned, tortured, or killed non-Serbian civilians . . . in a systematic campaign against the Muslim and Croatian populations.” Nearly 100,000 died and millions were replaced as a result of the civil war. (Radio Free Europe Radio Liberty).
Bemba restrictions lifted at ICC: An ICC judge has ordered the immediate lifting of detention restrictions placed on Jean-Pierre Bemba and his recently imprisoned lead defense counsel, Aime Kilolo-Musamba. During detention, the two had been restricted to 30 minute phone calls, one hour monitored visits with family, and an initial 72 hour of no contact. Bemba argued the restrictions violated his right to counsel and Kilolo said it prevented him from presenting an adequate defense. Kilolo was arrested in November on allegations of witness interference and forged evidence. (Bemba Trial).
ICC investigations flawed, says Kenyan lawyers: Lawyers met in Nairobi on Tuesday, 3 December 2013, to protest ICC Chief Prosecutor Fatou Bensouda’s handling of investigations into Kenya. The lawyers claimed Bensouda and her predecessor forged evidence and relied on unreliable witnesses. One lawyer was quoted as saying: “It appears as though the court was determined to confirm the charges and the prosecution was convinced that there were substantial grounds to proceed with the case even though the investigations were questionable.” The ICC is currently trying Kenyan Deputy President William Ruto and the case against the country’s sitting President will commence in February 2014. (All Africa).
Cooperation between ICTY and Serbia positive: It is expected the chief prosecutor of the ICTY, Serge Brammertz, will report positively to the U.N. Security Council on Serbia’s cooperation with the tribunal on Thursday, 5 December 2013. Brammertz met with officials in Serbia last month “to discuss transfer of documents and access to government archives and witnesses.” It appears the transition of matters between the ICTY and Serbia has gone smoothly and efficiently. Brammertz presents his findings twice a year to the Security Council. (In Serbia).
Bosnian war criminals to be released: A local court that issued judgements in over 100 cases since its establishment in 2005 to aid the ICTY is expected to release hundreds of Bosnian war criminals. In July 2013, the European Court of Human Rights ruled the local court erred in convicting and punishing accused under a 2003 criminal code. The ECHR concluded the court should have been applying a less stringent 1976 statute that was in force at the time the crimes were committed. The local court will now need to schedule retrials. (The Malay Mail).
Indonesia offers support to Cambodia and Thailand after ICJ verdict: Indonesia has pledged to aid Cambodia and Thailand as the two countries carry out the ICJ’s recent decision concerning the ownership of a Hindu temple. Indonesia stated it was “ready to assist in whatever means if both countries ask for its support in implementing the ICJ order.” In November 2013, the ICJ granted Cambodia ownership of the temple located near the Cambodian-Thai border. (Phnom Penh Post).
Sierra Leone Residual Court elects Kenya’s Wiki as President: Kenya’s Phillip Waki was elected President of the Residual Special Court for Sierra Leone on 3 December 2013. Waki previously served as an alternate appeals judge at the SCSL and sat on the Kenyan Court of Appeals and High Court. Justice Jon Kamanda of Sierra Leone was elected as Vice President. (The Star).
Bensouda says ICC judicial institution only: The ICC will remain free from political interference, says ICC prosecutor Fatou Bensouda. Speaking at the ICC Assembly of States Parties last week, Bensouda said the court is an independent party and will implement amendments to the rules of procedure and evidence passed by the ASP. The ASP decided last week to amend the rules to permit Kenyan President Uhuru Kenyatta and Deputy President William Ruto to be represented by their attorneys during proceedings in The Hague. (All Africa).
New Sierra Leone Residual Court: The legacy of the Special Court of Sierra Leone was handed over to the government on Monday, 2 December 2013. The government will begin operating the Residual Court and continue matters of the SCSL, such as the case against former Armed Forces Revolutionary Council leader Johnny Paul Koroma. Nearly three million dollars has been made to the Residual Court by countries including the Netherlands and America. Former Prosecutor and now American Ambassador at Large for War Crimes Stephen Rapp said the new Court was “an important component in the justice system.” (Awoko).
HRW report focuses on Habre: On Tuesday, 3 December 2013, Human Rights Watch released a report charging the former dictator of Chad, Hissene Habre, with “systematic abuses.” It is reported the former dictator “directed and controlled political police, who tortured and killed those who opposed him or those who simply belonged to the wrong ethnic group.” Habre is being tried by a special court in Senegal for crimes against humanity and war crimes related to his 1982-1990 rule. (UPI).
ICTY 20th anniversary: ICC President Theordor Meron spoke at a conference in Bosnia last week celebrating the 20th anniversary of the ICTY. Meron faced protestors and victims of the early 1990s Bosnian War who displayed signs reading “R.I.P Justice.” Many protesters voiced disappointment in the court’s recent decisions to acquit of all charges senior leaders of the Yugoslav and Serbian army. Despite the opposition, Meron defended the tribunal and stated its work had “exceeded expectations.” (Institute for War & Peace Reporting).