Archive for category Sudan
DNA test requested for murdered ICC witness: Deputy President William Ruto’s attorney, Karim Khan, requested a DNA test of Meshack Yebei. Yebei was a potential witness in the trial against President Ruto and was found dead in western Kenya in early January. President Ruto was charged with crimes against humanity during the post election violence in Kenya. Yebei’s family consented to the DNA test and stated that Yebei never mentioned he was an ICC witness. Prosecutors stated that they had not been planning to call Yebei as a witness during trial due to his implication of trying to corrupt witnesses. Khan stated in a letter to the head of Kenya’s Criminal Investigation Department that Yebei had been a key witness for trial. Yebei had even been referred to the ICC’s Victims and Witness Unit for protection. Prosecutors stated that any suggestion that they were involved in Yebei’s abduction and murder was “outrageous and utterly false.” (BBC News, AllAfrica) (for additional information please click here)
Government says it wants to try Ongwen in Uganda: The government of Uganda stated that it wanted to try Lord’s Resistance Army rebel commander Dominic Ongwen. Ongwen recently surrendered and is in U.S. custody in Central African Republic. Ongwen is also wanted by the ICC. Uganda State Minister for Regional Cooperation Asuman Kiyingi stated that they would rather try him in Uganda than in the ICC because they have the capacity. A decision regarding whether Uganda gets to try Ongwen will be reached after consultations with the African Union, Uganda, United States, and United Nations. (NY Times)
Libyan trial of Saif Gaddafi and Al-Senussi delayed again: The trial of Saif Al-Islam Qaddafi and 36 other senior officials, including former security chief Abdullah Senussi, has been postponed once again. On 11 January 2015, trial opened and was subsequently adjourned until 25 January. This case opened in 2012 and has seen many setbacks. Those that stand accused could face the death penalty for “genocide, killing of unarmed civilians, abuses of power, human rights abuses, employing mercenaries and encouraging rape as a weapon of war.” The ICC indicted both Gaddafi and Senussi. After proceedings on Libya’s admissibility challenge, the ICC ordered the surrender of Gaddafi to the ICC. Libya has failed to comply with this order. (Libya Herald)
US Senators condemn Palestinian decision to join the ICC: Senators Lindsey Graham, Robert Menendez, Chuck Schumer, and Mark Kirk threatened Palestine over their decision to join the ICC. Palestinian President Mahmoud Abbas applied to join the ICC following a rejection on Palestine’s proposal for statehood by the United Nations Security Council. On 1 January Palestine submitted an Article 12(3) declaration that gives the ICC jurisdiction since 13 June 2014. Palestine also submitted documents to accede to the Rome Statute on 7 January. Senators issued a warning to Palestine stating “that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA” would end. (Press TV, International Criminal Court) (for additional information please click here)
UN report on crimes in CAR finds evidence of CAH and WC, but no genocidal intent: A UN report released last Thursday concluded that the events that conspired in the Central African Republic by the Seleka coalition and the anti-balaka did amount to crimes against humanity and war crimes. The commission of inquiry of the United Nations Security Council did not find any genocidal intent, but considered the ethnic cleansing of the Muslim population as a crime against humanity. (Tamil Guardian)
UN report on S. Sudan killings finds evidence sufficient for further investigations and prosecution: The United Nations stated that offenders of the ethnic massacres in Bentiu and Bor last April could be prosecuted based on extensive investigations into the matter. Offenders included members of the Sudan People’s Liberation Army-In Opposition. The investigation comprised of site visits by human researchers and 142 interviews. (Radio Tamazuj)
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)
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)
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).
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)
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)
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