Archive for category STL
ICC urges DRC to detain visiting Sudanese President Omar al-Bashir: The Democratic Republic of the Congo (DRC) has been urged to arrest and surrender ICC indictee Omar al-Bashir as he visits the country for meetings with other African leaders. The Sudanese President, charged by the ICC in 2009, for genocide, war crimes and crimes against humanity, arrived in the DRC on Tuesday, 25 February 2014. A number of countries on the continent have already failed to arrest Bashir under similar situations claiming the ICC unfairly targets Africans. (Press TV).
Hariri trial adjourned to add fifth suspect: Proceedings at the Special Tribunal in Lebanon relating to the February 2005, assassination of former Prime Minister Rafik Hariri were suspended in ordered to add a fifth accused. The five men, allegedly responsible for killing 23 and wounding some 200 in the attack, will be tried in absentia when proceedings resume sometime in May. The Special Tribunal was established in 2007 and is the only ad hoc tribunal with the power to try at-large accused. (Yahoo News).
Sri Lanka strongly rejects UN war crimes inquiry: Sri Lanka considers a U.N. mandated international investigation into alleged human rights abuses committed during the country’s 26-year civil war “an unwarranted interference in the internal affairs of a sovereign state.” Sri Lanka’s comments come in response to a report published this week by U.N. human rights chief Navi Pillay. The report, which calls for an international and independent investigation, precedes a U.N. Human Rights Council meeting in March 2014, that is expected to address the issue in Sri Lanka. (Time World).
Defence challenges ICC witness testimony; notes translation inconsistencies: The testimony of a prosecution witness in the case against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang has been challenged at the ICC. Specifically, the defence argued the witness wrongly translated phrases in the Kalenjin language. The witness claimed while testifying that Ruto addressed crowds in Kalenjin. (All Africa).
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).
ICTY Prosecutor comments on reconsideration motion in Perišić case: On Monday, 3 February 2014, ICTY Prosecutor Serge Brammertz announced that his Office requested that the ICTY Appeals Chamber reconsider its acquittal of Momčilo Perišić, the former Chief of Staff of the Yugoslav Army, who had been convicted to 27 years in prison for aiding and abetting crimes committed in Sarajevo and Srebrenica between 1993 and 1995. In its motion for reconsideration, the Office of the Prosecutor argued that the “specific direction” requirements on which the Appeals Chamber based the acquittal is incorrect and should be overturned. (ICTY).
Witness from explosive unit testified at STL: On Monday, 3 February 2014, Abdel-Badih al-Soussi, who was the manager of the explosives unit of the Internal Security Forces at the time Prime Minister Rafik Hariri was assassinated, testified before the STL. Although he had not gone to the crime scene immediately following the explosion, he had attended a meeting at the military court that afternoon, to which a member of the explosives bureau had brought car parts from the site. The judge ordered that the parts be examined and the site cordoned off to the public. Soussi testified that he did not ask that the car parts be returned to the crime scene, nor did the judge discuss during the meeting whether parts of the motorcade should be removed. (The Daily Star).
Judge replaced on Kenyatta Trial Chamber: Following a decision by the Presidency of the ICC, Judge Geoffrey A. Henderson replaced Judge Chile Eboe-Osuji in the case against Kenyan President Uhuru Kenyatta before Trial Chamber V(b). Judge Henderson is from Trinidad and Tobago, and was elected at the Assembly of States Parties to the Rome Statute in November 2013. He will serve as a judge at the ICC until 10 March 2021. Judge Eboe-Osuji had excused himself from the trial. (ICC-CPI).
U.S. urged to suspend aid due to human rights violations in Egypt: On Monday, 3 February 2014, the Working Group on Egypt, as part of the NGO Human Rights First, released a statement that it had sent a letter to U.S. President Obama, urging his administration to cease sending aid to Egypt until the Egyptian government progresses in transitioning to a democracy and improves human rights conditions within the country. According to the NGO, depriving Egypt of aid until progress has been made sends a clear signal that the U.S. does not tolerate the human rights abuses that have occurred in Egypt, which are documented in a report the group recently released. (Human Rights First).
Former Bangladeshi Minister indicted for war crimes: On Sunday, 2 February 2014, the International Crimes Tribunal-2 indicted Syed Mohammad Qaisar, a former Bangladeshi minister from the Jatiya Party, on 16 charges of war crimes, including the commission of genocide. He and his group, the “Quaisar Bahini”, allegedly committed crimes against humanity in Habiganj and Brahmanbaria during the 1971 Liberation War. According to the prosecution, Quaisar had also served as a commander of the Rajakars, which was an auxiliary group of the former Pakistani army. The opening statement of the prosecution will be made on 4 March 2014. (Z News).
AU issues statement urging united front concerning ICC and Kenya, Sudan cases: In a statement issued Saturday, 1 February 2014, the AU expressed that it was not pleased with the UN Security Council’s refusal to defer the trials of Kenyan President Uhuru Kenyatta, Kenyan Deputy President William Ruto, and Sudanese President Omar Al Bashir. The AU encouraged all of its members to comply with AU decisions and stand together on this issue in order to defer the proceedings. Botswana is currently the only AU member state that has officially opposed the AU’s decision to challenge the ICC cases. (Sudan Tribune).
Court/Tribunal: Special Tribunal for Lebanon
Decision Title: Decision on motion filed by counsel for Mr. Badreddine and order to Lebanon to cooperate with the Special Tribunal
Chamber: The Trial Chamber
Case Name: Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, Assad Hassan Sabra
Date: 13 January 2013
- After repeated, unsuccessful attempts by defense counsel and the Tribunal to secure voluntary assistance from the Lebanese government in obtaining requested information, the Trial Chamber issued an order compelling Lebanon to comply with defense’s request for assistance
Principles found in decision:
- In addition to the requirements laid out in Rule 20(A) of the Statute, in order for an order of compulsion to be issued against Lebanon, the Chamber must be satisfied that the initial request for the State’s assistance identifies specific needed documents, that reasonable alternatives to compelling cooperation have been explored for obtaining the needed information, and that reasonable efforts have been made to convince the State to provide the requested assistance
- In ordering a motion to compel against Lebanon, the Chamber will consider whether the State’s assistance is necessary to maintaining and ensuring “equality of arms” between the defense and the Prosecution. The maintenance of this parity is particularly important to trials in abstentia, where the defendant is not present to give instructions or assist in defense investigations
- It is the Chamber’s duty to ensure that the Accused is provided, at minimum, with the right to adequate facilities to prepare his defense
Decision Background: On 24 October 2013, defense counsel for Mr. Badreddine filed an ex-parte motion with the Pre-Trial judge to issue an order of cooperation with the Tribunal to the Lebanese government. The motion follows on original request for assistance filed by defense counsel and directed to the Lebanese government seeking telecommunications data relevant to the death of former Lebanese Prime Minister Rafik Hariri. Defense counsel argued that the material was essential to their ability to properly investigate and prepare their case, and that the information was in the possession of the Lebanese government.
On 15 November 2013, the Trial Judge directed the Tribunal Registrar to contact the Lebanese government and request compliance with the defense’s request for assistance by 6 December 2013. Any response from the Lebanese government indicating an inability to comply was due to the court by 27 November 2013. A reply from the First President of the Lebanese Court of Cassation on that date indicated that due to the separation between executive and judicial power in Lebanon, he did not have the authority to direct the Lebanese government to assist the defense. It was unclear from his response whether he forwarded the court’s directive to relevant parties within the Lebanese government.
On 7 January 2014, the defense filed observations with the Trial Chamber, reiterating their request for an order of compliance directed at the Lebanese government. The defense noted that the Prosecution did not have in its possession the information sought by the defense.
At the time of the decision, about seven months had passed since the original request was directed at the Lebanese government. The court nor the defense had received any substantive response to the request from the Lebanese government.
Decision Review: Article 15(1) of the agreement between Lebanon and the United Nations establishing the Special Tribunal requires that the government of Lebanon cooperate with all organs of the Special Tribunal. The Lebanese Minister of Justice signed a Memorandum of understanding detailing Lebanon’s cooperation requirements on 28 July 2010.
Rule 20 of the Statue of the tribunal stipulates that where Lebanese authorities refuse to cooperate with a request for assistance, after the passage of 30 days the Parties to the Tribunal may seek from a Pre-Trial Judge or a Chamber, a motion compelling the requested assistance. A Judge or Chamber will only compel the requested assistance, however, in the instances where: the requests for information comply with the procedures outlined in Rules 16(B) and 16(C), the Head Office has determined that the requests are not frivolous or vexatious, the request relations to relevant documents required for the investigation, the documents are both relevant and required for the investigation, and the Lebanese authorities have not without undue delay satisfactorily complied with the requests.
In addition, the Trial Court should also be satisfied that the requests identifies as much as possible specific requested documents rather than broad categories of documents, reasonable alternative efforts short of an order compelling assistance have been explored for securing the information, a reasonable effort has been made to persuade Lebanon to voluntarily provide the requested assistance, and the request will not be unduly onerous on Lebanon.
In reaching its decision, the Trial Chamber also noted several other considerations it will take into account when deciding whether to issue an order to compel. Namely, the Trial Chamber must be satisfied that compelling State cooperation will maintain and ensure the equality of arms between the defense and the Prosecution. The Trial Chamber noted the importance of parity between the parties in situations like the Special Tribunal, where the defendants are tried in abstentia and thus the accused cannot assist with defense investigations or provide instructions. As such, the Chamber noted that it is incumbent upon itself to ensure that the Accused is provided, at minimum, with the right to adequate facilities to prepare his defense.
The Trial Chamber found that the defense request met the main criteria for an order of compulsion against Lebanon. The Chamber also noted the seven months that had elapsed from the initial request, and that over a month had passed since the 6 January 2014 deadline set by the Chamber, in finding that Lebanon was engaged in a protracted period of noncompliance amounting to undue delay.
The Trial Chamber thus found it appropriate to issue the order to compel the requested assistance from Lebanon. Noting that the Lebanese First President does not have the authority to compel the Lebanese government to act, the request for assistance should go to an authority within the government that has the authority to ensure compliance with compulsive orders to produce documents.
To access the full Decision, click here.
ICTY Appeals Chamber affirms Đorđević judgment but reduces sentence: On Monday, 27 January 2014, the ICTY Appeals Chamber affirmed Vlastimir Đorđević’s guilt for crimes committed against Kosovo Albanians in 1999. However, the Appeals Chamber also reduced his prison sentence from 27 to 18 years, because it reversed Đorđević’s convictions for aiding and abetting war crimes and crimes against humanity, as well as certain findings of the Trial Chamber concerning Đorđević’s participation in a joint criminal enterprise (JCE). Đorđević was originally convicted in 2011 for having committed war crimes and crimes against humanity through his participation in a JCE. (ICTY).
Mladic refuses to testify in ICTY Karadzic case: On Tuesday, 28 January 2014, Ratko Mladic refused to testify at Radovan Karadzic’s case before the ICTY. He refused to take an oath, and referred to the Court as “satanic.” After answering Karadzic’s first question concerning the posts and dates of his military career, Mladic subsequently refused to answer questions, citing to his health and the possibility of self-incrimination. Karadzic is facing 11 charges, including allegedly committing genocide at Srebrenica during the Kosovo conflict. (BBC).
ICC Prosecution witness questioned on USAID actions in Kenya: On Monday, 27 January 2014, Kenyan Deputy President William Ruto’s defense counsel Karim Khan questioned witness 356 testifying before the ICC about whether the witness knew of American Ambassador to Kenya Michael Rannerberger “trying to get people to give evidence against Mr Ruto”. The question was part of the defense’s argument that NGOs funded by USAID had influenced witnesses to testify against Ruto by paying them, and that Ranneberger had traveled to the North Rift region in order to discourage people from supporting Ruto. The witness said that he was not aware of the ambassador’s travel and USAID’s funding. When asked, the witness also said that he had not been influenced to testify by the $20,000 he received from the ICC’s Victims and Witnesses Unit. Khan asked further questions in a private session. (For additional information about this topic, please click here) (Kenya Monitor, Standard Media).
Lebanese firefighter testifies at STL about Hariri bombing scene: On Monday, 27 January 2014, Khaled Tubaily, a Lebanese firefighter who was one of the first to arrive at the site in Beirut where former Prime Minister Rafik Hariri was killed by a bomb, testified before the STL. He said that “volcanoes of fire” were erupting from the site, and that the damage reached as far as 4 kilometers away, which will help the prosecution in asserting that the bombing occurred above ground, whereas defense lawyers have stated that the explosion was likely underground. Five Hezbollah members have been indicted for the 14 February 2005 attack. (The Daily Star).
HRW Report criticizes Kenya’s protection of human rights and culture of impunity: Kenya has rejected a recent report released by Human Rights Watch (HRW), which criticizes Kenya for failing to properly address impunity, citing to the country’s failure to address the 2007-2008 post-election violence. Specifically, the report points to the government’s lack of support for the trials of Uhuru Kenyatta and William Ruto before the ICC. The report also criticizes slow reforms in the Kenyan police force, which allegedly unlawfully tortured and killed 120 individuals between May and August 2013. Kenya’s Cabinet Secretary for Foreign Affairs labeled the report as “outrageous and incomprehensible” and asserted that Kenya is complying with international law and that the allegations of force used by the police were based on security actions taken years ago. (Sabahi).
Resolution passed by Sri Lanka council on international investigation into war crimes: On Monday, 27 January 2014, two months before UN Human Rights Commissioner Navi Pillay will deliver a report concerning the Sri Lankan government’s progress in addressing war crimes committed during the Sri Lankan Civil War before the UN Human Rights Council, passed a resolution for an international probe into these alleged war crimes. Specifically, the resolution calls for an inquiry into the “ethnic cleansing” that allegedly took place and rejects Sri Lanka’s national inquiry mechanism in favor of an international inquiry.
Former Peruvian Government cleared of CAH for forced sterilization: Former Peruvian President Alberto Fujimori was cleared of the allegation that he and his cabinet forcibly sterilized about 300,000 indigenous women as part of a national program in order to reduce birth rates in poor, rural areas of Peru during his term in office. The prosecutor, who interviewed women affected by the procedures, determined that Fujimori had not committed crimes against humanity and that the women had not been coerced into undergoing sterilization procedures. Multiple human rights groups had urged the government to prosecute the cases of about 2,000 women affected by the procedures, and in 2010, the Inter-American Commission on Human Rights directed Peru to investigate the death of a woman who had undergone such a sterilization procedure. (Chicago Tribune).
Kenyatta case adjourned at ICC: The ICC has postponed the opening date for the trial against Kenyan President Uhuru Kenyatta. The chamber will meet on 5 February 2014, to decide on whether a 3 month adjournment is appropriate. Kenyatta is on trial for crimes against humanity for murder, deportation, rape, persecution, and other crimes relating to the post-election violence committed in Kenya after the 2007 presidential election. (ICC Press Release).
Hariri trial continues in The Hague: Testimony continued on Thursday, 23 January 2014, at the Special Tribunal in Lebanon relating to the assassination of former Prime Minister Rafik Hariri. Specifically, an expert of CCTV footage described the events leading up to the attack and the moments directly after. The prosecution claims a van in the footage was responsible for the attack, while the defense argues it was an underground explosion. (The Daily Star).
Witness testimony at ICC in Ruto case: A witness testified at the ICC this week in the case against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang. The witness said Ruto was forced to support a Coalition for Reforms and Democracy candidate, Raila Odinga. The witness implied Ruto made a substantial effort in objecting to Odinga’s candidacy. Ruto is charged with crimes against humanity relating to the violence that followed the 2007 presidential election in Kenya. (Standard Digital).
Human Rights Watch seeks action: Human Rights Watch hopes a report released this week documenting the war crimes allegedly taking place in Syria will put pressure on the U.S. and other world powers to take action. Executive producer Kenneth Roth said: “We cannot afford to wait for the distant prospect of a peace accord before the killing of 5,000 civilians a month comes to an end.” (Boston Herald).
UN to release South Sudan report: The U.N. hopes to release an initial report documenting human rights abuses in South Sudan since two ethnic groups clashed in mid-December. U.N. Assistant Secretary-General for Human Rights Ivan Simonovic, who recently visited the country, found the situation “quite grim” and stated some of the worst abuses may amount to war crimes and crimes against humanity. While Simonovic noted both ethnic groups were involved in the crimes, he warned that the report may not be able to initially identify the suspects. (All Africa).
Report claims Syrian forces committed war crimes: On Monday, 20 January 2014, an inquiry team commissioned on behalf of Qatar released a report alleging Syrian security forces tortured and killed detainees. The team, comprised of war crimes prosecutors and forensic scientists, compiled over 50,000 photographs that tend to prove Bashar al-Assad’s regime participated in “systematic torture and killing.” The evidence apparently was given to the team by a defector who was in charge of taking the pictures. The defector reported: “The reason for photographing executed persons was twofold. First to permit a death certificate . . . ; second to confirm that orders to execute individuals had been carried out.” The report has yet to be authenticated by the U.N. (The Telegraph).
Two prosecution witnesses testify at Hariri trial in The Hague: The Special Tribunal for Lebanon continued proceedings into the assassination of former Prime Minister Rafik Hariri on Wednesday, 22 January 2014. Two prosecution witnesses testified as to the impact the attack, which killed nearly 200 people, had on their family and their lives. The accused, four of the five which are being tried in absentia, are charged with conspiracy to commit terrorism and murder. (The Daily Star).
Kenya postpones Barasa extradition proceedings: Kenya has postponed extradition proceedings against Walter Barasa until the state High Court rules on the journalist’s arrest and surrender to the ICC. The High Court is expected to decide on 31 January 2014, whether the charges against Barasa at the ICC are valid. Barasa is wanted in The Hague for witness interference related to the ICC’s case against Kenyan Deputy President William Ruto. (All Africa).
Lubanga claims prosecution failed to disclose evidence timely: The ICC ruled this month that convicted war criminal Thomas Lubanga may present additional evidence in support of his appeal. Specifically, Lubanga seeks to add that the prosecution failed to disclose exculpatory evidence within a reasonable time. The former leader claims the nondisclosure “call[s] into question the reliability of a considerable part of the findings upon which [his] conviction was based.” Lubanga was found guilty and sentenced to 14 years in prison in March 2012 for recruiting child soldiers. (All Africa).
Private testimony continues at ICC in Ruto case: The testimony of a protected witness in the case against Kenyan Deputy President William Ruto and journalist Joshua arap Sang continued at the ICC. Present for the private proceedings was Ruto, who was noticeably absent last week due to the Kenyan President’s travel outside the country. Ruto and Sang are on trial for crimes against humanity relating to the 2007 post-election violence. (The Star).
Peru readies for ICJ maritime decision: Peru is preparing for the expected 27 January 2014, ICJ decision concerning the maritime boundary line between its country and Chili. President Ollanta Humala Tasso has been in discussions with former heads of state and top government officials to ready for the ICJ’s announcement. Peru brought the case before the international court in 2008, disputing the sovereignty of 95,000 square kilometers at sea. (Andina).
Siniora says Shatah assassination should be referred to STL: On Friday, 27 December 2013, former Lebanese Prime Minister Fouad Siniora demanded that the STL investigate the assassination of former minister Mohammad Shatah, who was killed by a car bomb that morning. In a public address on behalf of the March 14 coalition, Siniora indicated that the perpetrators of the assassination are known, and that the case should be referred to the STL. Shatah was an economist and diplomat. (The Daily Star).
Egyptian Muslim Brotherhood lawyers submit complaint and declaration for jurisdiction to the ICC: On Monday, 6 January 2014, lawyers for the Muslim Brotherhood’s Freedom and Justice Party announced in a press conference that they would like to meet with the ICC prosecutor to discuss preliminary investigations into the military’s alleged crimes against humanity in Egypt, for which they have submitted a complaint to the Court. The press conference detailed that the lawyers delivered to the Court a declaration on behalf of former President Mohamed Morsi which accepts limited jurisdiction by the Court to investigate crimes that have occurred in Egypt surrounding the July coup. The declaration would give the ICC the limited jurisdiction needed to investigate possible crimes even though Egypt has not ratified the Rome Statute and Morsi was ousted from his position. The lawyers, however, maintain that Morsi’s administration continues to constitute the lawful government of Egypt, and that jurisdiction as been properly accepted given to the Court. The lawyers answered questions about the validity of the declaration and whether ICC jurisdiction would allow the Court to investigate possible crimes committed by the Muslim Brotherhood and Morsi’s regime as well (The International News).
ICC receives independent report on sexual abuse allegations in the DRC: On 20 December 2013, the Registrar of the ICC received a report of findings concerning allegations of sexual assault against four individuals in the ICC’s protection program by a former ICC staff member in the Democratic Republic of the Congo (DRC). The report, created by an independent external review panel, had been commissioned in June 2013 and concluded that the perpetrator would bear criminal responsibility if the allegations were proven. The report stated that several other ICC staff members have already been dismissed, because they were likely also engaging in “inappropriate conduct.” The report also pointed out several areas in which operational and organizational improvements should be made, which the Registrar will take into account in his plans to reorganize the Registry. The report was created by a panel of four independent specialists. (ICC-CPI).
Ruto to travel to The Hague to attend his trial: Kenyan Deputy President William Ruto will travel to The Hague at the end of this week in order to be present at his trial before the ICC, which is set to resume 13 January 2014. His application to be exempted from presence at the trial, submitted 16 December 2014 under the amended Article 134 of the ICC Rules of Procedure and Evidence, was rejected by the Court because it had not been submitted on time. The trial will resume on Monday, 13 January 2014. (AllAfrica).
Croatia ratifies two amendments to the Rome Statute: On 20 December 2013, Croatia ratified two 2010 amendments to the Rome Statute; the crime of aggression, which was adopted at the 2010 Review Conference of the Rome Statute in Kampala, Uganda, and an article 8 amendment addressing the use of certain weapons during non-international armed conflict as war crimes. Thirteen State Parties have now ratified the amendment concerning crimes of aggression, and the President of the Assembly of States Parties to the Rome Statute stated that she hopes for universal ratification. (ICC-CPI).
UN address ICC issues, including Kenya deferral and Sudan’s outstanding warrants: On Thursday, 31 October 2013, ICC President Sang-Hyung Song updated the UNGA on the workings of the Court, including the Kenya, Libya, Sudan and Ivory Coast cases. He asked all ICC stakeholders to uphold the integrity of the Rome Statute, and particularly highlighted the support needed from the UN to address the outstanding warrants in Sudan against the four individuals charged with committing genocide in Darfur. In a separate meeting, the UNSC representatives from Kenya and the AU were addressing the ICC concerning the possibility of deferring the ICC cases against President Uhuru Kenyatta and Deputy President William Ruto for one year. Under Article 16 of the Rome Statute, a prosecution can be deferred for up to 12 months by a resolution of the UNSC under Chapter VII of the UN Charter. (To read more about this topic, please click here.) (The Star, UPI).
Serbia to receive positive report from ICTY: Rasim Ljajic, the president of the National Council for the ICTY Cooperation, will mention Serbia’s cooperation with the ICTY in a report he will deliver to the UN in December, specifically referring to Serbia promptly delivering documents and allowing access to witnesses and archives. Ljajic met with ICTY prosecutor Serge Brammertz on Monday, 4 November 2013, and he met with Serbian prime minister Ivica Dacic and the chief Serbian prosecutor Vladimir Vucicevic on Tuesday, 5 November 2013. Ljajic and Brammertz discussed placing individuals sentenced by the ICTY into Serbian prisons, a possibility the Tribunal had previously declined. (World Bulletin).
Witness testifies that Karadzic was a weak leader: Former Bosnian Serb leader Radovan Karadzic’s trial resumed this week, with Karadzic’s former aide Jovan Zametica testifying that Karadzic had not had effective control over his army. Zametica joined the Republika Srpska (RS) in 1993 and became an advisor to Karazdic in 1994. He testified that Karadzic had been a weak leader of the RS; his army had apparently been disobedient, he had allowed local chieftains to make important decisions, and he had simply been a representative leader to the international community. He also asserted that Karadzic had been tolerant of non-Serbs, as shown by the fact that Zametica is a Muslim. Karadzic is charged with genocide before the ICTY. (Institute for War & Peace Reporting).
ICTR will help Rwanda with transferred genocide cases: The ICTR has promised to help the Rwandan National Prosecution Authority with the genocide cases the ICTR has transferred to Rwanda. ICTR prosecutor general Hassan Bubacar Jallow explained that although the work of the ICTR is winding down, it will continue to support the Rwandan prosecution to ensure that the cases are handled successfully and that the genocide suspects, many of whom have fled to France, are caught and prosecuted. Jallow, ICTR President Judge Vagn Joensen, and several senior officials from the ICTR are currently in Rwanda and will meet with the supreme court judges and Minister of Justice Johnston Busingye to review ICTR procedures. (Rwanda Focus).
MICT is tracking “big fish” wanted for Darfur genocide: Jallow announced on Monday, 4 November 2013 that three of the most wanted suspects for the genocide in Darfur will likely be caught soon, because the Mechanism of the International Criminal Tribunals (MICT) was able to obtain information that could lead to their arrest. The three fugitives are Felicien Kabuga, who allegedly financed the genocide, Protais Mpiranya, the former Presidential Guards commandant, and Augustin Bizimana, the former defense minister. Referred to as “big fish”, their cases would be handled by the MICT, as opposed to being transferred to Rwanda. (The New Times).
STL fines defense in Hariri case: Earlier this week, the STL fined defense lawyers for making “frivolous” appeals in order to delay the start date of the trial concerning the assassination of former Lebanese Prime Minister Rafic Hariri. The defense appealed the appointment of Judge Janet Nosworthy, who replaced the former president of the trial chamber upon his resignation in September, which was deemed a “frivolous” delay tactic by the Court. The defense also asserted that it needs more time to prepare for trial due to the high volume of evidence in the case, and that Lebanon was not cooperating in assisting the defense’s investigations. The Court did not reveal how much the defense was fined. (The Daily Star).
British MPs call executions in Iran crimes against humanity: British MPs have declared that the execution of 16 political prisoners on 4 October 2013 in Zahedan, Iran is a crime against humanity, and are calling on the UN to investigate these events. The British Parliamentary Committee for Iran Freedom stated that Mohammad Marzieh, the prosecutor general of Zahedan, had confirmed that the prisoners had been executed because they had killed revolutionary guards in Saravan. The committee also noted, however, that Hedayatollah Mir-Moradzehi, Saravan’s representative in the Iranian Parliament, stated that it was still unclear who had killed the revolutionary guards. The committee recommended that the UN Security Council and the UN Human Rights Council review the events. (Foreign Affairs Committee of the National Council of Resistance of Iran).
ICC rejects Gbagbo’s appeal against pretrial detention: On Tuesday, 29 October 2013 the ICC announced that former Ivory Coast President Laurent Gbagbo must remain in custody until he is tried, rejecting his appeal against his continuous pretrial detention in The Hague. Gbagbo has been in custody for almost two years, and his indictment has not been confirmed; it is still unclear whether he will stand trial. Gbagbo is charged with committing crimes against civilians following the 2010 Ivory Coast elections. (The Associated Press).
U.S. plans to aid Uganda in its search for Kony: The U.S. is reportedly increasing efforts to catch Joseph Kony by possibly stationing Osprey aircraft in Uganda. Such aircraft fly like planes but are capable of landing like helicopters, which would significantly aid African and U.S. troops in searching for Kony. This would also double the number if U.S. troops stationed in Uganda, which is leading the search for Kony. Kony, the commander-in-chief of the rebel group the Lord’s Resistance Army (LRA), and three other LRA leaders have been indicted by the ICC for crimes against humanity and war crimes. The LRA fought the Ugandan government for 20 years, and is allegedly responsible for killing and kidnapping civilians from villages, many of whom were children. (Voice of America).
Chowdhury appeals death sentence handed down by ICT: On Tuesday, 29 October 2013, Salauddin Quader Chowdhury’s defense lawyer filed an appeal with the Supreme Court against the death penalty awarded by with the International Crimes Tribunal (ICT), which had sentenced Chowdhury to death by hanging on 1 October 2013 for the torture, murder, and genocide he committed during the 1971 Bangladesh Liberation War. Chowdhury was a Standing Committee member of the Bangladesh Nationalist Party. (Dhaka Tribune).
STL holds pre-trial conference in Hariri case: On Tuesday, 29 October 2013, the Trial Chamber of the Special Tribunal for Lebanon (STL) is holding a pre-trial conference concerning the case against four Lebanese individuals indicted for assassinating former Lebanese Prime Minister Rafiq Hariri and killing 21 others in a 2005 terrorist attack in Beirut. The conference is meant to help shift the case from the pre-trial to the trial stage, and will be open to the public. This is the first time the Trial Chamber has held such a meeting. The case was transferred from the Pre-Trial Chamber to the Trial Chamber, and the trial is set to begin on 13 January 2014. (Kuwait News Agency).
ICC reverses ruling excusing Ruto from attending his trial: The appeals chamber of the ICC ruled on Friday, 25 October 2013 that Kenyan Deputy President William Ruto can only be excused from attending his trial under “exceptional circumstances”, reversing the earlier ruling which had excused Ruto from attending much of his trial. The appeals chamber noted that Ruto may only be excused from attending when judges have considered all other alternatives and it is “strictly necessary”, since Ruto is “not merely a passive observer of the trial but an active participant”. Decisions on whether Ruto will be excused from certain parts of his trial will therefore be made on a case-by-case basis. (Sabahi).