Archive for category Sudan

16 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor unable to pursue Darfur investigations; cites non-cooperation:  According to statements from the prosecutor of the ICC, current investigations in Sudan’s Darfur region will cease.  The situation in Darfur is in the process of deterioration and little has been done by the council to assist in the prosecutor’s attempt to being perpetrators to justice.  The ICC and the UN consider the violence in Sudan to be a serious concern, but little can be accomplished without cooperation from Sudan and neighboring countries. The investigations in Darfur will remain in a state of hibernation until further notice. (For additional information on this topic, please click here, here) (ICC, UN, Aljazeera)

Ten officials arrested in Bosnia, suspected of war crimes:  Bosnian officials have made the arrest of ten Bosnian Serb wartime officials arrested on suspicion of committing war crimes.  The men are suspected of planning, supervising and conducting the persecution of around 120 Bosnians from a village near the eastern town of Zvornik on July 14, 1992.  (Reuters)

Local DRC Court sentences leader to life in prison for crimes against humanity:   Lieutenant Colonel Bedi Mobuli Engangela has been sentenced to life in prison by a court in the DRC for perpetrating crimes against humanity.  Engangela was in command of a unit which was accused of gang rapes and other crimes.  (Yahoo)

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5 December 2014 – NEWS ABOUT THE COURTS

ICC Prosecutor withdraws charges against Kenyan President Kenyatta: Prosecutors at the ICC dropped the charges against Kenyan President Uhuru Kenyatta for crimes against humanity. Kenyatta was indicted for inciting post-election violence in 2007. The charges were dropped after the ICC gave prosecutors a one-week deadline to submit evidence against Kenyatta or to drop the charges. Prosecutors had asked for more time to build its case on more than one occasion, claiming witnesses had been bribed or intimidated. The ICC gave this one-week ultimatum stating that any further delays would be “contrary to the interest of justice.” (BBC) (for additional information please click here)

Former UNAMID spokesperson asks Bensouda to push UNSC for Sudan inquiry: Aicha Elbasri, former United Nations-African Union Mission in Darfur spokesperson, asked prosecutor of the ICC, Fatou Bensouda, to look into an alleged cover-up by UN peacekeepers in Sudan. Elbasri pushed Bensouda to ask the United Nations Security Council to look further into these matters. Elbasri’s letter stated that the UN peacekeepers assigned to investigate the claims of manipulating the truth about Darfur were part of “an internal, partial, biased and secretive process.” Elbasri stepped down as spokesperson in April 2013 with claims that she had been prevented from informing the public about the events occurring in Darfur. (Sudan Tribune)

ECCC Prosecution appeals judges’ decision not to consider foreseeable crimes: The Trial Chamber of the Khmer Rouge tribunal refused ECCC prosecutor’s claims against Nuon Chea and Khieu Samphan in crimes that the two did not directly order or oversee. The prosecutors are now appealing that decision stating that the defendants should be held accountable for crimes that were reasonably foreseeable. Chea and Samphan both are already facing life sentences for crimes against humanity and are appealing those decisions. William Smith, international deputy co-prosecutor, stated that the Trial Chamber should be able to consider crimes such as rape that were foreseeable from actions of the accused. (Cambodia Daily)

Seselj rejects return to ICTY detention after provisional release: Earlier this week, the prosecution filed a motion to send nationalist leader Vojislav Seselj back to ICTY detention. Seselj was accused with Serbian war crimes, but was provisionally released to seek treatment for cancer. Seselj vowed that he would not return to the Tribunal. Chief prosecutor, Serge Brammertz, stated that despite Seselj’s health condition, Seselj has still made many comments that insult victim communities. Brammertz also stated that these comments called into question the trial chamber’s assessment of Seselj’s condition for provisional release. (Journal of Turkish Weekly)

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25 November 2014 – NEWS ABOUT THE COURTS

Croatia considering order for review of Seselj release: The Croatian Parliament is in the process of passing a declaration to condemn the provisional release of Vojislav Seselj by the tribunal and to demand a review of Serbia’s candidacy for EU membership. If passed unanimously, the declaration would serve as strong support to the Croatian ambassador to the UNN during a debate on the work of the ICTY.  (Daje).

UNAMID shuts Darfur office amid tensions: The Sudanese government made a request on Tuesday that UNAMID exit the site where an alleged mass rape by Sudanese troops took place. The foreign ministry said Sudanese authorities closed the UNAMID office because it was outside Darfur and the mandate does not allow for an office in Khartoum.   Discussions are under way to clarify the role of the Khartoum-based office.  (Reuters).

ICT sentences former leader Hossain to death: Mobarak Hossain was found guilty of murder, abduction and torture during the 1871 civil war. He has been sentenced to death, making his the fourteenth death sentence to be handed down by the tribunal. HRW has expressed concern regarding the court’s procedures.  (For additional information on this topic, please click here.) (BBC, Reuters).

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24 November 2014 – NEWS ABOUT THE COURTS

ECCC boycott results in trial adjournment until January 2015: The genocide trial for Nuon Chea and Khieu Samphan, two ex-Khmer Rouge leaders, has been adjourned until 8 January 2015. Khieu Samphan’s defence attorneys continued to boycott the proceedings for the defendant. Both defendants wanted more time to file appeal documents on their life sentences for crimes against humanity in a previous trial in August. Judge Nil Nonn stated that the court did not have any other alternative, but would pursue misconduct proceedings against the attorneys. (eNews Channel Africa)

 Activist calls for UNSC attention to alleged rapes in Darfur: Ahmed Hussein Adam, researcher at Cornell University, calls to the UN Security Council to probe into the security and humanitarian situation in Darfur and protect civilians. Hussein Adam urged the Security Council to inquire into the mass rape of women in Tabit. He expressed disappointment by victims and their families in the Security Council’s decision for the Sudanese government to conduct investigations. Hussein Adam does not think that Sudan should investigate itself and called for the ICC to investigate, as well as add more charges. (Radio Dabanga)

ICC Prosecution Witness testifies about treatment in witness protection: An ICC prosecution witness, referred to as Witness 800, states how he considered recanting his statement for the prosecution in a trial due to the treatment by protection officers. An individual, referred to as person 19, told him about an offer from another individual, referred to as person 7. Witness 800 considered taking the offer because the amount of money his family received was not enough to support them. This is not the first instance of witness interference in the trial against Deputy President William Samoei Ruto and former journalist Joshua arap Sang who both face three counts of crimes against humanity. (AllAfrica)

HRW says Israeli’s demolition of Palestinian homes could be war crime: On 22 November 2014, Human Rights Watch called upon Israel to stop its practice of demolishing Palestine terrorists’ homes. The NGO states that this practice unlawfully punishes those who did not commit terrorist acts and could constitute as a war crime. Three current houses have been slated for demolition, but the families have appealed. Mohammed Mahmud, the families’ lawyer, stated that their petition would be heard by an Israeli military court on Sunday. (Israel National News)

Nizami appeal filed and Mobarak verdict expected at ICT Bangladesh: Mobarak Hossain, alleged Razakar commander, has his verdict coming out on Monday for his trial. Mobarak stands accused of crimes against humanity during the Liberation War. The prosecution sought the death penalty at the end of trial in May. Motiur Rahman Nizami, Jamaat chief, has appealed his verdict from the ICT to the Appellate Division of the Supreme Court. Nizami was sentenced to death for crimes against humanity during the 1971 Liberation War. Nizami is seeking acquittal from all war crimes charges. (Dhaka Tribune) (for additional information click here)

ICC conduct official visit to Bulgaria: Prosecutor General of the Republic of Bulgaria, Mr Sotir Tsatsarov, invited ICC officials for an official visit to Bulgaria to meet with high-level Bulgarian representatives. ICC officials included President of the ICC, Judge Sang-Hyun Song, ICC Prosecutor, Mrs Fatou Bensouda, and ICC Judge Ekaterina Trendafilova. Bulgarian officials repeated Bulgaria’s commitment to the ICC and international criminal justice. (International Criminal Court)

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7 November 2014 – NEWS ABOUT THE COURTS

Report says Kony is in Sudan / S. Sudan border area: The Resolve LRA Crisis Initiative and Invisible Children have released a comprehensive report identifying Kony’s movements since 2005. Joseph Kony, leader of the Lord’s Resistance Army charged with war crimes and crimes against humanity, has been reported to be hiding out near the Sudan border at Kafia Kingi. Kafia Kingi is controlled by Sudan, but claimed by South Sudan. The ICC issued a warrant for Kony’s arrest back in 2005, but Kony has evaded arrest. Paul Ronan, director of Resolve LRA Crisis Initiative, calls for the international community and the Sudanese government to take action. Sudanese President, Omar al-Bashir, is also wanted by the ICC for alleged war crimes in Darfur. (The Guardian)

 ICTY grants provisional release of Seselj: ICTY conditionally released Vojislav Seselj, Serbian nationalist leader, for medical treatment for his colon cancer. Seselj is charged with crimes against humanity and war crimes including inciting Serb paramilitary units to commit crime. Seselj turned himself in to the court in 2003 and has spent almost 12 years in ICTY detention. Seselj’s release is conditional upon him not influencing his current trial for war crimes. Should the ICTY summon him, he has to return for trial. (Europe Online Magazine)

 UK Supreme Court allows Rwanda access to witness testimonies on Genocide suspects: Five Rwandans are up for their hearing for their alleged part in the 1994 genocide against the Tutsis. The Supreme Court of the UK has rejected pleas by defense lawyers for Rwandan genocide suspects to bar the Rwandan government from accessing witness testimonies to the court. The Prosecutor-General, Richard Muhumuza, stated this news meant that Rwanda would be able to rebut what the defense has to say. Muhumuza stated any other move would have been unprecedented. (All Africa)

 Dominican Republic withdraws membership from Inter-American Court of HR: On 4 November 2014, the Dominican Republic withdrew its membership from the Inter-American Court of Human Rights. The Dominican Republic decided on this after the court gave the government six months to invalidate the Dominican Republic’s ruling that people born to illegal migrants did not automatically receive citizenship. The court stated that this discriminated against those residents of Haitian decent. (Panam Post)

 Lebanon pays annual contribution to STL: On 6 November 2014, the Lebanese government fulfilled its obligation to fund the Special Tribunal for Lebanon. This is its annual contribution of 36 million dollars. STL Registrar Daryl Mundis welcomed the contribution and thanked the government for its commitment to the tribunal. (The Daily Star)

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20 October 2014 – NEWS ABOUT THE COURTS

Two ECCC accused seek to boycott trial until appeal in earlier conviction concluded: On 18 October 2014, defense attorneys of two former leaders of Cambodia’s Khmer Rouge regime, Nuon Chea and Khieu Samphan, stated that they would boycott their client’s genocide trial until appeals were filed on earlier convictions.  Defense lawyers for the two accused stated that the boycott was necessary as it would not be possible to finalise the full appeal in the first case while starting proceedings in the second, and would not disrupt the Court because there is a clear time frame; until the full appeals document has been filed in the accuseds’ other case. Both men already have life sentences for earlier crimes against humanity and war crimes. Court officials contemplate that the trial could extend into 2016. (The Wall Street Journal, The Straight Times) (For additional information on this topic, please click here).

Simone Gbagbo’s trial to begin in Ivory Coast on 22 October:  On 15 October 2014, it was announced that the trial date has been set for October 22 against 89 individuals, including Simone Gbagbo the wife of former President Laurence Gbagbo who is currently being tried before the ICC for charges of crimes against humanity related to the post-election violence in 2010 and 2011.  Mrs. Gbagbo is wanted by the ICC and has been is charged before the Court with crimes against humanity during the same conflict. The charges brought in the domestic trial concern economic crimes, but further charges have been made for ‘blood crimes’ including murder, rape and genocide.  The Ivory Coast is a State party to the Rome State, and the government has stated that they will try Simone in domestic court rather than turn her over to the ICC. (Reuters)

Amnesty calls for investigation of war crimes by both sides in Ukraine: On 20 October 2014, Amnesty International accused Ukrainian government forces and pro-Russian separatists of committing war crimes in a report presented in Berlin and London. Amnesty International stated that while the rumors of mass killings and mass graves are not supported by evidence, there have been isolated cases that could constitute as war crimes. Amnesty International urges both sides to investigate these allegations, and to prosecute any parties responsible on both sides. (DW)

ICC indictee Bashir visits Egypt: On 18 October 2014, Sudanese President Omar al-Bashir travelled to Egypt to visit Egyptian President Abdel-Fattah al-Sisi. The ICC indicted Bashir in 2009 for genocide, crimes against humanity, and war crimes on the civilian population in Darfur. The ICC issued two arrest warrants for these crimes in 2009 and 2010. The ICC officially requested Bashir’s arrest upon arrival to Egypt. Although Egypt is a signatory to the ICC statute, they never ratified the treaty. (Al Arabiya News, Daily News Egypt) (For additional information on this topic, please click here).

Post author:  Aryane Garansi

 

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6 OCTOBER 2014 – NEWS ABOUT THE COURTS

Former Haitian President Duvalier dies before trial can commence: On 4 October 2014, former Haitian dictator Jean-Claude “Baby Doc” Duvalier died.  HRW has expressed its disappointment in the inability of the Haitian justice system to bring him to trial before his death.  According to HRW, this turn in events has deprived victims of human rights abuses of justice and closure.  (HRW).

ICC to decide on Ruto, Sang Defense Appeal: On Thursday, 9 October 2014 , the Appeals Chamber of the ICC will hold an open court session to read a summary of its judgment on Mr Ruto and Mr Sang Defence teams’ appeal against the Trial Chamber V decision to grant the Prosecutor’s request to summon witnesses to appear before the Trial Chamber in the Ruto and Sang trial, who were no longer cooperating or no longer willing to testify. (ICC).

Kenyatta to turn over Presidential duties during trial: President Kenyatta plans to temporarily step down as president while attending his ICC hearing.  His presidential powers will be assumed by Deputy President Ruto for the time being.  President Kenyatta states that he has chosen to appear before the court as a private citizen rather than bring a country of more than 40 million people into another jurisdiction.  President Kenyatta faces charges related to the organizing of violent attacks which occurred during the 2007 elections. (For more information, please click here) (Aljazeera, BBC).

ICC urges Saudi Arabia to apprehend Sudan’s Bashir:  The ICC has issued an order for the arrest of Sudanese President Omer Hassan al-Bashir.  It is believed that he is currently in Saudi Arabia on a pilgrimage.  Al-Bashir faces charges of alleged war crimes and genocide committed in Darfur.  It is uncertain at this point whether Saudi Arabia will fulfill the request of the ICC as a non-member.  (Sudan Tribune).

Bemba Case to hear closing arguments in November: Today, 2 October 2014, Trial Chamber III of the ICC decided that the closing oral statements in the Bemba case will take place during the week of 10 November 2014. Prior to the closing arguments, the Chamber will hear Witness P-169 as of 14 October 2014.  Bemba has been charged with war crimes and crimes against humanity having been committed while serving as a military commander.  (Hague Justice Portal).

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