Archive for category Sri Lanka
Resolution passed at UN urging SC to refer N. Korea to ICC: On Tuesday, 18 November 2014, the U.N. General Assembly’s human rights committee approved a resolution urging the Security Council to hold North Korea and its leader Kim Jong-un accountable for crimes against humanity. The non-binding resolution cites the U.N. commission of inquiry report issued earlier this year that found evidence of human rights abuses in North Korea committed under policies “established at the highest level of the state for decades.” China and Russia, permanent members of the Security Council, were against the resolution which will now go to the General Assembly for vote in December. (For additional information on this topic, please click here) (The Guardian).
STL hears testimony from Lebanese MP: Former Lebanese Minister Marwan Hamade testified at the Special Tribunal of Lebanon this week on the strained relationship between Syrian President Bashar Assad and former Lebanon Prime Minister Rafik Hariri. Hamade described, among other things, how Assad allegedly humiliated Hariri in public outings and expected “complete obedience” from the former prime minister prior to the February 2005, assassination of Hariri. The Special Tribunal is currently trying five men in absentia for the assassination. (The Daily Star).
Sri Lankan Commission of Inquiry to begin collecting evidence: Secretary to the Sri Lankan Presidential Commission H.W. Gunadasa said that the Commission will be accepting written statements concerning abuses committed during the country’s civil war that ended in 2009. Gunadasa said the statements will be received until 31 December 2014, at which point the Commission will begin inquiries and investigations of alleged war crimes and human rights abuses. The Commission is tasked with investigating and reporting on the events leading up to Sri Lanka’s civil war and whether any person or group should be held responsible. (Global Post).
ECCC gives boycotting defense team ultimatum: On Monday, 17 November 2014, ECCC accused Khieu Samphan was told to end the boycott of his trial by defense counsel or else face expedited proceedings, such as the appointment of a new defense team or “any other action the court may deem appropriate.” Samphan’s counsel were not present in the courtroom on Monday when the ECCC judges considered how to address the ongoing boycott. Since 17 October 2014, proceedings in Case 002/02 have been adjourned as Samphan and co-accused Nuon Chea ordered their defense counsel to boycott until certain procedural complaints were resolved. (The Cambodia Daily).
DRC military tribunal sentences army officer and rebel commander to death: Congolese military lieutenant, Nzanzu Birotsho, and rebel leader of the Ugandan Islamist Allied Democratic Forces, Jamil Makulu, were sentenced to death on Monday, 17 November 2014, by the Democratic Republic of Congo military tribunal. The senior army officer and the rebel commander were both convicted of terrorism and belonging to an insurrection movement and will likely face only prison time as the country observes a moratorium on carrying out death sentences. (Reuters).
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).
Sri Lanka brings in foreign experts to investigate war crimes: Sri Lankan President Mahinda Rajapaksa has decided to involve foreign experts in the country’s investigation of possible war crimes during its 26-year civil war. The Sri Lanka government said the purpose of the experts was to “double check what [the country] has found so far and to get some international backing.” The President’s decision follows intensified pressure from the international community for Sri Lanka to investigate and hold accountable those responsible for war crimes. (Reuters).
STL: German expert witness identifies fragments of “car that killed Hariri”: A prosecution witness at the Special Tribunal of Lebanon identified the parts of a vehicle involved in the assassination of former Prime Minister Rafik Hariri. The expert witness testified that the parts likely belonged to a Mitsubishi truck that was seen by cameras moments before the explosion that killed the Prime Minister. The defense, on the other hand, argued the explosion could have been the result of an underground bomb and have contested whether the vehicle from the camera was present during the time of the bombing. The Special Tribunal is currently trying five men in absentia for the assassination. (The Daily Star).
ICTY prosecution seeks rejection of Seselj’s damages claim: ICTY prosecutor Mathias Marcussen considers the detainment of Vojislav Seselj legal in light of the court order and indictment against the former Serbian leader for serious violations of international law. Seselj recently filed a 12 million euro damages claim against the ICTY for unlawful deprivation of liberty due to his nearly decade long detention. (InSerbia).
ICC names chamber that will hear Barasa case: Bulgaria’s Ekaterina Trendafilova, Italy’s Cuno Tarfusser and Belgium’s Christine Van den Wyngaert will preside over the ICC case against journalist Walter Barasa. Barasa is charged for witness interference related to the trial of Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang. (All Africa).
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).
ICC to explore consideration of rape, sexual violence as war crimes: The ICC prosecutor’s office issued a new policy paper last week providing guidance to the Court on how to deal with crimes related to rape and sexual assault committed in conflict. Specifically, the policy paper lays out a legal foundation on how the prosecutor’s office will include the relevant war crimes charges in cases and hold those accountable. ICC Chief Fatou Bensouda said, in a statement concerning the new policy paper, the “message to perpetrators and would-be perpetrators must be clear: sexual violence and gender-based crimes in conflict will neither be tolerated nor ignored at the ICC.” (Think Progress).
IACHR to hear extradition appeal from alleged DEA agent murderers: The Inter-American Commission on Human Rights will be hearing arguments in an extradition appeal by seven Colombian citizens accused of the murder of a U.S. Drug Enforcement Agency agent last year. The seven Colombians were expected to be extradited to the United States to stand trial before the IACHR intervened in this appeal. The appeal claims the United States lacks jurisdiction as the accused are Colombian citizens and the crime was committed on Colombian territory. (Colombia Reports).
Dame Silvia Cartwright,New Zealand judge, named to Sri Lanka human rights probe: It is being reported that Dame Silvia Cartwright will be appointed to the U.N. panel charged with investigating human rights violations committed in Sri Lanka during its 26-year civil war. The panel is expected to begin a 10-month investigation in July 2014. Dame Cartwright was previously a judge at the ECCC. (Colombo Page).
ICC: Kenyatta trial postponed until 7 October: The ICC trial of President Uhuru Kenyatta has been postponed providing the Kenyan government additional time to disclose documents sought by the prosecution. The request by the President to terminate proceedings and the request by the prosecution to postpone the trial indefinitely were both denied by the Court. The postponement is the second for Kenyatta’s trial which is expected to resume 7 October 2014. (Voice of America).
ICC witness: Dogs and pigs fed on bodies of fallen during post-election violence in Kenya: On Monday, 31 March 2014, a prosecution witness in the ICC case against Deputy President William Ruto and radio journalist Joshua arap Sang testified to events after the 2007 presidential election in Kenya. The witness said tired police officers failed to collect bodies killed during the violence that were then fed on by dogs and pigs. The witness also testified that members of the Kalenjin ethnic group identified, attacked and torched the homes of Kikuyus. (All Africa).
ICJ orders temporary stay on Japan’s Antarctic whaling program: The ICJ ruled on Monday, 31 March 2014, that Japan’s “killing, taking and treating of whales” in the Antarctic was not “for the purposes of scientific research”. The Court found that Japan’s program, which was designed to study the effects of commercial whaling on the species existence, hunted too large a number of whales and failed to consider non-lethal methods. The Court ordered a temporary stay until the country could redesign it’s whaling program to be more scientific rather than commercial. (The China Post).
Rights group warn of Sri Lanka backlash in wake of UNHRC resolution: The recently passed U.N. Human Rights Council resolution calling for an independent investigation into alleged abuses committed in Sri Lanka is likely to incite backlash against human rights activists; said groups such as Amnesty International and Sri Lanka Campaign for Peace and Justice. The rights groups fear Sri Lanka will respond to the U.N. resolution with intimidation and suppression towards those who disagree or challenge the government, citing as an example the arrests of two human rights activists last month in the country. Sri Lanka’s President Mahinda Rajapaksa has publicly rejected the U.N. resolution and said it will deter national reconciliation. (CNN World).
Norway pledges $1 million to Khmer Rouge tribunal: The international side of the ECCC received a $1 million pledge from Norway on Tuesday, 1 April 2014. The Court welcomed the pledge and hopes it encourages other donations, particularly to the Cambodian side which is facing extreme shortages of funds for national salaries. The ECCC budget approved last month estimates the cash-strapped Court needs over $60 million to continue operations. (Voice of America).
Posted by carolinguentert in AU, Balkans, CAR, Commission of Inquiry, Crimes against Humanity, Fair trial/Accused's rights, Fatuo Bensouda, Genocide, Human Rights Violations, ICC, ICJ, ICTR, Investigations, Kenya, News about the Courts, Sri Lanka, UN Human Rights Council, Victims, War Crimes, Witnesses on March 11, 2014
Dissenting opinion in Katanga Judgment alleges violations to accused’s rights: Following the ICC’s 7 March 2014 conviction of former Congolese warlord Germain Katanga as an accessory on one count of crimes against humanity and four counts of war crimes, Judge Christine van den Wyngaert wrote a dissent, arguing that Katanga’s fair trial rights had been violated and that he should be acquitted. Katanga was initially charged as a principal perpetrator under Article 25(3)(a), but the Chamber re-characterized the mode of liability after both parties had rested their case to view him as an accessory under Article 25(3)(d), the timing of which is the basis for Judge van den Wyngaert’s dissent that the defense was given insufficient time to respond to and build a case against the re-characterized mode of liability. Specifically, she argued that the Chamber’s communication of the factual and legal basis for the re-characterization was insufficient for the defense to properly prepare for this change, and that the communication was not specific enough to effectively inform Katanga of the charges pending against him. She also doubted that the “facts and circumstances” of the changes were within the charges the Pre-Trial chamber had confirmed. The dissent also referred to bias on the part of the majority. (International Justice Monitor, Los Angeles Times) (For more information, please click here).
UN investigation launched to probe HR abuses in CAR: On Monday, 10 March 2014, the UN launched an investigation of human rights abuses in the Central African Republic, focusing specifically on reports of genocide in the area. The panel conducting the investigation consists of Bernard Acho Muna, a Cameroonian lawyer and former deputy chief prosecutor for the ICTR; Jorge Castaneda, a former Mexican foreign minister; and Fatimata M’Baye, a Mauritanian human rights lawyer. Muna expressed concern that Christian and Muslim hate propaganda will increase violence, but is hopeful that the investigations will serve to lessen conflict. The Security Council ordered the investigation in December 2013, instructing the panel to collect information and identify perpetrators for prosecution. (ABC News).
Ruto responds to Prosecution application on compulsory testimony of eight witnesses: In response to ICC Prosecutor Fatou Bensouda’s application for the Court to compel the appearance of eight witnesses in the trial of Kenyan Deputy President William Ruto, Ruto’s lawyers argued that the witnesses’ testimony is irrelevant. They maintained that hostile witnesses would be unable to contribute to the Prosecution’s case and questioned the credibility of the witnesses, referring to one witness’s emotional and behavioral difficulties and the incongruity between that witness’s account and the testimony of another witness. They also asserted that the Court cannot compel a witness to appear, but simply to speak once the witness has appeared voluntarily. Bensouda argues that the Court has the power to compel a witness to both appear and speak, and maintains that the witnesses have been bribed or influenced improperly. (Standard).
Serbia begins defense arguments before ICJ: On Monday, 10 March 2014, Serbia presented its rebuttal in the genocide case Croatia brought against Serbia before the ICJ. Serbia, which filed a counterclaim against Croatia for genocide committed by Croatians against Serbs, alleged that Serbs are victims of genocide and that they also suffered during the Balkan Wars. The Defense expressed regret for the crimes committed in Croatia, but emphasized that the violence was not one-sided. The arguments for the countersuit will be presented in the coming days. (in Serbia).
AU establishes commission to investigation HR abuses and crimes committed in South Sudan: Following the outbreak of violence in South Sudan in December 2013, the African Union established a commission last week to investigate human rights violations and crimes committed during this period. The inquiry body was created through the Peace and Security Council (PSC) decision, and its purpose is to investigate the conflict and make recommendations to ensure accountability and reconciliation. Former Nigerian President Olusegun Obasanjo will head the five-member panel. The conflict has lasted about 10 weeks, and it is estimated that 10,000 people have been killed and nearly one million displaced. (AllAfrica).
Thousands of Tamils in Geneva protest Sri Lankan rejection of international investigation: In response to the Sri Lankan government’s refusal to initiate an international probe into alleged war crimes, 4,000 Tamils gathered in Geneva on Monday, 10 March 2014 to protest the rejection. The protest took place around the UN headquarters, and was made during an annual session of the Human Rights Council, which will be asked later this month to evaluate an international draft resolution calling for a probe into the crimes committed against Tamils during the Sri Lankan Civil War. (Agence France-Presse).