Archive for category UN Human Rights Council

24 March 2015 – NEWS ABOUT THE COURTS

UN Special Rapporteur for HR in Palestine suggests Israel violations: A report prepared by United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Makarim Wibisono, suggests Israeli violations in Gaza in 2014. Wibisono stated at the United Nations Human Rights Council in Geneva that the civilian deaths in Gaza casts doubt upon Israel’s dedication to international humanitarian law. (BBC)

HRW urges Cambodia to act on charges issued against Khmer Rouge by Int’l judge: Judge Mark Harmon, co-investigating judge of the Extraordinary Chambers in the Courts of Cambodia, charged two former leaders of the Khmer Rouge, Im Chem and Meas Muth, with crimes against humanity and war crimes on 3 March 2015. Harmon did not forward these charges to Cambodian police due to their lack of cooperation. Human Rights Watch urges the Cambodian government to act on these criminal charges. Brad Adams, Asia director of Human Rights Watch, stated that if the government fails to act, the United Nations should end its participation and funds should be cut off from the tribunal. (Human Rights Watch, Jurist) (for additional information please click here)

ICT Bangladesh investigators find evidence of war crimes against 8 suspects: Evidence has been found against 8 suspects of Jamalpur for crimes against humanity and war crimes during the 1971 Liberation War. ICT Bangladesh investigators will submit their report to the prosecution soon. (The Daily Star)

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23 March 2015 – NEWS ABOUT THE COURTS

OHCHR says ISIS attacks on Yazidi community may constitute genocide and war crimes: A new report commissioned by the U.N. Office of the High Commissioner for Human Rights claims crimes committed against the Yazidi community in Iraq by ISIS may constitute genocide and war crimes.  The report, consisting of over 100 interviews of survivors, found that ISIS targeted and killed hundreds of men and boys of the Yazidi population in Iraq and committed rape, abduction and forced separation of families. Thousands of Yazidis were forced to flee villages in northern Iraq because of ISIS last summer in which many were killed or captured. (BBC).

ICC judges propose holding Ntaganda trial opening in Bunia, DRC: On Thursday, 19 March 2015, ICC Trial Chamber VI judges recommended to the ICC Presidency that opening statements in the trial against former Congolese warlord Bosco Ntaganda be made in Bunia, Democratic Republic of Congo. The judges found that conducting part of the trial in Bunia would “bring[] the judicial work of the Court closer to the most affected communities.”  ICC Rules of Procedure and Evidence authorize the ICC judges to make the recommendation, which is then considered by the ICC Presidency in consultation with DRC authorities.  Ntaganda, a former Congolese military leader, is accused of crimes against humanity and war crimes committed during the 2002-2003 Congolese conflict.  (For additional information on this topic, please click here) (All Africa, ICC).

ICC Ruto / Sang trial resumes for final Prosecution witness: The final Prosecution witness in the ICC trial against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang is expected to begin testimony today, 23 March 2015.  The witness, who has been unwilling to testify and who has placed conditions before testifying, is the last witness scheduled before the Prosecution makes its closing arguments.  Ruto’s and Sang’s defense teams are expected to thereafter file a “no-case-to-answer” motion.   (All Africa).

ICC Trust Fund for Victims affirms commitment to reparations for victims in Lubanga case: The Board of Directors of the ICC Trust Fund for Victims (TFV) held its annual meeting in The Hague from 17-19 March 2015.  The TFV Board reaffirmed its commitment to reparations for victims in the case against Thomas Lubanga, the leader of the rebel group Congolese Patriotic Union, who was convicted in March 2012 of recruiting child soldiers.  Specifically, the TFV Board intends to advance its reparations reserve to provide for collective reparations awards and to consider the ICC Appeals Chamber’s suggestion to expand its assistance mandate to those not included in the reparations order.  The TFV Board also plans on meeting with victims, their communities and other stakeholders while it develops the draft implementation plan for reparations due 3 September 2015. (ICC).

Protestors in Sri Lanka reject domestic probe, demand international investigation: Tamils in Sri Lanka are protesting the new government’s plan for a domestic investigation into alleged human rights abuses committed during the last phase of the country’s 26-year civil war. Tamils, demanding an international investigation into the crimes instead, claim to have no faith in a domestic probe by the Sri Lankan government.  A resolution adopted by the U.N. Human Rights Council in March 2014 requiring an international investigation was delayed by 6 months.  (The Economic Times).

Polish soldiers cleared of violating Geneva Convention protections of civilians in Afghanistan: Four Polish soldiers have been cleared of war crimes in relation to the August 2007 attack on the village of Nangrarkhel in Afghanistan which killed 6 civilians.  The soldiers, being tried in a military court in Warsaw and accused of violating the Geneva Conventions protection of civilians in Afghanistan, claimed innocence and blamed the attack on faulty weaponry.  The four were convicted by the military court of lesser offenses.   (JURIST)

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19 March 2015 – NEWS ABOUT THE COURTS

UN Report suggests ISIS genocide and war crimes in Iraq: The UN believes that ISIS has not only committed international war crimes and crimes against humanity, but possibly genocide as well.  The Yazidi minority in Iraq has been at the focus of intense violence perpetrated by ISIS.  The UN has urged the Baghdad government to join the ICC to ensure that ISIS will be held accountable for the atrocities committed even if the current conflict does not subside in the near future. (For additional information on this topic, please click here, here) (UN, Reuters, DW).

UN calls on Pakistan to halt executions, reinstate death penalty ban: The Pakistan government has announced that it has withdrawn its moratorium on the death penalty for all cases, not only those related to terrorism.  The UN has expressed deep concern in regards to this decision and hopes that the government will reconsider.  (UN).

ICC Judges advocate for Ntaganda opening statements to be held in DRC: Trial Chamber IV has recommended that the trial of Bosco Ntaganda be held in the DRC.  The Chamber states that it is has made this request with the intention of bringing the judicial work of the Court closer to the most affected communities.  (ICC).

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16 March 2015 – NEWS ABOUT THE COURTS

Residual Mechanism for SCSL grants conditional early release to Moinina Fonfana: Former Sierra Leonean military leader Moinina Fonfana has been granted conditional early release by the President of the Residual Special Court for Sierra Leone. The terms of Fofana’s conditional early release include acknowledging and showing remorse for his crimes and ensuring that he will not in any way interfere with witnesses.  Fofana was found guilty of war crimes and crimes against humanity and will serve the remainder of his 15-year prison sentence in Sierra Leone so long as he complies with the terms of the conditional early release. (The Patriotic Vanguard).

ICTY rejects Hadzic request for provisional release: The ICTY rejected former President of the Republic of Serbian Krajina Goran Hadzic’s request for provisional release to seek medical treatment in Serbia.  The Tribunal found that the former President was receiving adequate care at the U.N. detention center in The Hague and that the defense had provided insufficient humanitarian reasons justifying such a release.  Hadzic’s trial for crimes against humanity and violation of the laws or customs of war in Croatia during the early 1990s began on October 16, 2012. (InSerbia).

UN Commission of Inquiry on Gaza delays report until June: The U.N. Human Rights Council has announced that the scheduled 23 March 2015 report from the U.N. Commission of Inquiry on Gaza has been delayed until June.  Investigators on the U.N. Commission of Inquiry said they need more time to review additional evidence before releasing the report, which concerns the alleged war crimes committed during last year’s 50-day conflict in Gaza.  (Europe Online Magazine).

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6 March 2015 – NEWS ABOUT THE COURTS

US wants evidence of human rights, accountability and reconciliation in delayed Sri Lanka UN report: Earlier this year, the United Nations Human Rights Council deferred the release of its report on the alleged war crimes during Sri Lanka’s civil war at the new Sri Lankan government’s request. Originally scheduled for release on 25 March, Sri Lanka was given a six-month deferral that releases the report in September. The United States welcomed this deferral stating that they want evidence of the Sri Lankan government promoting human rights, accountability, and reconciliation. The US hopes that the Sri Lankan government will make progress in this six-month delay. (The Hindu Business Line)

Bensouda says ICC could not prosecute Jihadi John before UKICC Prosecutor, Fatou Bensouda, stated that the United Kingdom has the primary responsibility to investigate and prosecute Islamic State militant “Jihadi John.” Bensouda stated that “[t]he ICCs jurisdiction complements national systems, it doesn’t replace them.” “Jihadi John” was recently shown decapitating American, British, and Syrian hostages in videos released by the Islamic State. According to Bensouda, the United Kingdom should investigate and prosecute before the ICC steps in. (Middle East Eye)

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24 February 2015 – NEWS ABOUT THE COURTS

Mrs. Gbagbo appears before national trial and denies wrongdoing: Simone Gbagbo presented evidence for the first time in her trial in Abidjan. Mrs. Gbagbo denies all wrongdoing in her alleged role in inciting post election violence in 2010. In December 2014, the ICC denied the Ivory Coast’s admissibility application to try Mrs. Gbagbo nationally and ordered the Ivory Coast to surrender her to the Hague. By starting Mrs. Gbagbo’s trial, the Ivory Coast is proceeding in violation of the ICC’s decision. Mrs. Gbagbo’s husband, former President Laurent Gbagbo, is currently being tried at the ICC. (BBC, France24, ICC-CPI) (for additional information please click here and here)

ICC Prosecution to call final witness in Ruto / Sang case on 23 March: The 30th and last witness in the case against former Deputy President William Ruto and journalist Joshua arap Sang will testify on 23 March 2015. The ICC Public Affairs Unit stated that witness P0727 has been unwilling to testify and has put conditions upon testifying. The witness did not appear to testify on 2 February 2015, but will now testify by video from a secret location on 23 March. (CaptialFM)

At-large former lawmaker sentenced to life imprisonment by ICT Bangladesh: The International Criminal Tribunal of Bangladesh sentenced former lawmaker, Abdul Jabbar, to life imprisonment for crimes against humanity. The crimes against humanity were committed during the 1971independence war against Pakistan and include counts of genocide and religious persecution of the country’s Hindi minority. The court stated that Jabbar would get some leniency in mere imprisonment due to old age. Jabbar is still at-large and is thought to be in the United States. (The Economic Times, The Sun Daily) (for additional information please click here)

UNAMI and OHCHR report says HR violations in Iraq increasingly sectarian: A report produced by the UN Assistance Mission for Iraq and the Office of the UN High Commissioner for Human Rights highlights the increase of human rights violations in Iraq. The Islamic State of Iraq and the Levant have intentionally targeted members of Iraq’s different ethnic communities. The report covers a three month period from11 September to 10 December 2014. The report claims that many of the acts committed could constitute as war crimes, crimes against humanity, and possibly genocide. (United Nations)

US federal court orders 218 million USD award against Palestinian Authority: A United States jury found in favor of ten American families for six attacks credited to the al-Aqsa Martyrs Brigades and Hamas over a decade ago. The Manhattan based court ordered the Palestine Liberation Organization and the Palestinian Authority to pay 218 million USD. The United States Anti-Terrorist Act allows citizens harmed by terrorist acts to sue for damages in federal courts. Both groups stated that they would appeal the ruling. The Palestinian Authority signed the Rome Statute and submitted an Article 12(3) declaration in January 2015 in order to accept the ICC jurisdiction. (France24)

Amnesty highlights evidence of war crimes for Egyptian airstrikes in Libya: Amnesty International stated that violence in Libya is escalating and that civilians are feeling the impact of the attack. Amnesty claims that the Egyptian Air Force did not take the necessary precautions in their air strike over Libya to prevent civilian deaths. Amnesty has many eyewitness accounts that highlight the damage done over civilian populated areas in Libya. (Amnesty International)

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23 February 2015 – NEWS ABOUT THE COURTS

UN Commission of Inquiry on Syria ready to publish names of alleged perpetrators: Investigators on the U.N. Commission of Inquiry on Syria are prepared to release four lists documenting the names of individuals and groups allegedly guilty of war crimes and crimes against humanity since conflict erupted in Syria in March 2011.  The lists have been safeguarded at the U.N. Human Rights Council in Geneva and allegedly include names of several senior commanders and armed group leaders.  Commission investigators said “Not to publish the names at this juncture of the investigation would be to reinforce the impunity that the commission was mandated to combat.” (The Telegraph).

Sri Lanka Parliament passes witness protection law ahead of war crimes investigations: The new Sri Lankan government has passed a witness protection law to assist with national investigations into war crimes allegedly committed during the end of the country’s 26-year civil war. The law requires the government to establish safe houses to allow people to give evidence and participate in the national investigations. The Sri Lankan government has received pressure from the international community to fully investigate and prosecute crimes. The U.N. Human Rights Council recently delayed the release of a report investigating war crimes in Sri Lanka. (First Post).

Body of ICC witness possibly found: It is being reported that a body found in Tsavo National Park in Kenya may be that of a missing defence witness in the ICC case against Kenyan Deputy President William Ruto.  ICC defence witness Meshack Yebei went missing on 28 December 2014 after leaving ICC protection.  Final identification of the body by family and DNA samples is ongoing.  (All Africa).

ICTY accused Hadzic asks for leave for medical treatment: Former president of the Republic of Serbian Krajina, Goran Hadzic, has requested provisional release from the ICTY in order to undergo chemotherapy for cancer. Hadzic’s defence argued the accused will be unable to attend the trial for months as it would negatively affect his health during chemotherapy. The former president is on trial for crimes against humanity and war crimes committed during the 1991-1995 conflict in Croatia. (InSerbia).

HR Advocacy groups lobby CAR Government to establish Special Court: Human rights advocacy groups are urging the Central African Republic’s government to adopt a law establishing a Special Criminal Court to prosecute those responsible for serious violations of international and human rights law. The Special Criminal Court would be part of the country’s national judicial system and consist of 14 national and 13 international judges.  The human rights advocacy groups believe such a court will “strengthen” the country’s judicial system and “constitutes a balanced and innovative initiative to support the Central African judicial system, which is ravaged by the conflict triggered in 2012 by the armed groups in the northern part of the country.”  (Jurist).

Ongwen discloses meeting with Kony in December 2014:  A report by the Switzerland-based group Smalls Arms Survey states that Lord’s Resistance Army (LRA) commander Dominic Ongwen admitted meeting with LRA leader Joseph Kony near Darfur in December 2014. Ongwen first appeared before the ICC on 26 January 2015, after surrending to U.S. troops in the Central African Republic.  Ongwen faces seven counts of crimes against humanity and war crimes charges. (Sudan Tribune).

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