Archive for category Victims
Posted by carolinguentert in AU, CAR, Chad, Crimes against Humanity, Decision Review, Fair trial/Accused's rights, Gaddafi, Genocide, ICC, ICTR, ICTY, Investigations, Kenya, Libya, News about the Courts, Nigeria, Other domestic courts, Rwanda, Torture, Truth Commissions, Victims, War Crimes, Witnesses on April 15, 2014
ICTY rejects Mladic’s Rule 98bis application and find case to answer: On Tuesday, 15 April 2014, Trial Chamber I of the ICTY rejected Ratko Mladic’s 98 bis application for acquittal, a rule under the Tribunal’s Rules of Procedure and Evidence that allows the Tribunal to acquit a defendant after an oral hearing if there exists no evidence to support a conviction. Upon dismissing the application, the Chamber held that even if Mladic has a defense to all of the counts against him, there is evidence to support all of the charges against him. (ICTY).
Libyan trial of Ex-Gaddafi Officials postponed amid concerns of a fair trial: On Monday, 14 April 2014, the Libyan government opened and subsequently adjourned the trial against Muammar Gaddafi’s sons and his former officials, due to incomplete investigations; particularly the investigation of evidence against Saadi Gaddafi remains incomplete. The case will proceed on 27 April 2014, in order to allow the investigators more preparation time and to set up video links for the sons and officials who were not brought to the court for security reasons. Human Rights Watch and Amnesty International continue to express that the defendants’ right to a fair trial have been violated. The groups are concerned that not all of the defendants have had access to lawyers; that the defense teams have been restricted in their ability to assess evidence and case files; that interrogation strategies and detention conditions have been unfair; that Libya recently amended its Code of Criminal procedure to allow trials through video links, meaning the defendants, all of whom are being held in prisons and one of whom is being held in a secret location by a militia, will not physically appear at their trials; and that the Libyan justice system is generally unstable, in part because previous attacks against lawyers and judges in Libya have resulted in the suspension of courts throughout parts of Libya. The defense lawyers raised concerns about insufficient access to the case files in court. The ICC is still deliberating on the admissibility of the cases against Saif Gaddafi and Abdullah Al-Senussi, and a decision from the Appeals Chamber on whether the Libyan government is able to try them is still outstanding. (Reuters) (For more information on this topic, please click here, here, and here).
Ruto trial hears from satellite imagery expert and breaks for Easter: Lars Bromley, a UN specialist in satellite imagery, testified before the ICC in the case against Kenyan Deputy President William Ruto and Kenyan journalist Joshua Arap Sang, explaining that at least 506 buildings were deliberately burned down in the Rift Valley following the election, and that 190 more buildings were “possibly burnt.” He based his analysis on satellite images, the deliberate nature of the burnings being evident from burn patters. The defense disputed the expert’s testimony. The trial is currently on break for the Easter holiday, after which the prosecution will likely call a witness who was instrumental in the confirmation of charges against Ruto. (Institute for War & Peace Reporting) (For additional information on this topic, please click here).
Habre defense team says trial is politically motivated: The defense team of former Chadian dictator Hissene Habre claims that the reasons behind his prosecution in Senegal were political and instigated by a Chadian spy agency. Habre, who is charged with having committed war crimes, crimes against humanity, and torture while he was in charge of Chad between 1982 and 1990, will stand trial in Senegal in 2015, where he was in exile for twelve years before being arrested last July. (Legalbrief Today).
ICTR Prosecutor asks for increased efforts to prosecute all suspects of 1994 crimes in Rwanda: In a commemoration address, Hassan Jallow, the chief prosecutor of the ICTR, asked for an increased effort to find and prosecute perpetrators of the genocide against Tutsis in 1994 who have not been tried, and that countries in which suspects of these crimes are located to transfer these alleged perpetrators to Rwanda in order to stand trial. He specifically mentioned Félicien Kabuga, Protais Mpiranya, and Augustin Bizimana, all of whom are fugitives and suspected of having played significant roles in the genocide. (AllAfrica).
UN High Commissioner for HR expresses concerns for amnesties in Nepal: Following the Nepalese government’s drafting of a law that would create a Truth and Reconciliation Commission and a Commission on Disappeared Persons, the UN High Commissioner for Human Rights Navi Pillay warned that this legislation would allow these two panels to recommend amnesties for human rights abuses that occurred in Nepal. The government denies the existence of amnesty possibilities in the legislation, saying that amnesty would only occur with the victims’ consent. (Reuters).
Amnesty claims CAH and war crimes escalating in Nigeria: Amnesty International issued a report stating that violence has increased in northeastern Nigeria due to a higher number of attacks by Boko Haram and responses by Nigerian security forces, which has resulted in the death of at least 1,500 people since the beginning of the year. According the group, these events may be war crimes and crimes against humanity, and the group urged other countries, the African Union, and the UN to launch investigations into these acts. Amnesty International has documented attacks carried out by both Boko Haram and Nigerian security forces that occurred in January, February, and March 2014. (Amnesty International).
Posted by carolinguentert in African Commission on Human and Peoples' Rights, CAR, Cooperation, Crimes against Humanity, ECCC, Egypt, European Court of Human Rights, Fair trial/Accused's rights, Genocide, ICC, immunity, Kenya, News about the Courts, North Korea, Other domestic courts, Victims, Witnesses on April 8, 2014
Sri Lanka will not cooperate with UN Inquiry into war crimes: On 7 April 2014, Gamini Lakshman Peiris, the Sri Lankan foreign minister, announced that Sri Lanka will not be cooperating with the UN probe into war crimes, decided through a resolution last month. Citing concerns about the legality and fairness of the probe, as well as conflicts of interest of the Sri Lankan government, the foreign minister explained that the government will not support the investigation into the alleged crimes, which the government has officially denied. (Al Jazeera).
African Commission asked to intervene in death sentence of 529 Egyptians: The Freedom of Justice Party (FJP), together with lawyers for the 529 Egyptians who received death sentences on 24 March 2014 for opposing the 2013 military coup in Egypt, has asked the African Commission on Human and Peoples’ Rights to intervene in the sentences. Specifically, the FJP has urged the Commission to suspend the sentences, because the defendants’ death penalties violate the right to life and the right to a fair trial under the African Charter. (Middle East Monitor).
ECCC sets out foundation for second segment of Case 002: The ECCC determined the scope of the second segment of Case 002, against Khmer Rouge leaders Nuon Chea and Khieu Samphan, who are facing—among others—charges of genocide, forced marriage, rape, and religious persecution. Though the 4 April 2014 severance order has not been made public, it adheres closely to requests made by the prosecutors; namely, that the charges to be addressed in this segment will serve as a representation, so that further segments will not need to be heard. The Chamber has decided not to include several crime sites the prosecution proposed, so as to maintain efficiency and manageability in the case. A trial date has not yet been announced. (The Phnom Penh Post).
Srebrenica survivors sue Dutch Government over peacekeepers failure to protect: The Mothers of Srebrenica, a group representing relatives of victims who were killed in the 1995 Srebrenica massacre, have filed a civil suit against the Dutch government, for failing to protect civilians during the attack by Bosnian Serb forces. Dutch peacekeepers in the area had been unable to stop the forces, and withdrew. The group tried to bring a suit in 2007 against the UN, but Dutch courts refused to hear it on the basis that the UN has immunity, a decision with which the ECtHR agreed in 2013. The current was put on hold until the case against the UN had been decided, and hearings began on Monday, 7 April 2014. (Sky News).
ICC hears testimony of 15th Prosecution witness in Ruto case: On Saturday, 5 April 2014, the 15th witness for the prosecution in the case against Kenyan Deputy President William Ruto testified before the ICC that a chief of the Kimumu area had made many trips to Eldoret town in a pick-up truck before the houses of the Kikuyu were burned. The truck carried black drums, ordinarily used for transporting water and oil, and was used by the chief for several such trips before the raid. The witness, who said that demonstrations had been peaceful before these events, was brought to Eldoret town when the houses were razed. (The Star).
South Korea will not host UN field office to investigate CAH in North Korea: On Monday, 7 April 2014, a diplomatic source of Seoul announced that the city will not be hosting a field office in order to support the UN probe into crimes against humanity allegedly committed by the North Korean government against its citizens. Though the source emphasized the importance of this investigation, South Korea fears worsening its relationship with North Korea, which could impact humanitarian efforts such as family reunifications. (The Chosunilbo).
Posted by carolinguentert in Admissibility / Primacy, Crimes against Humanity, Fair trial/Accused's rights, Gaddafi, Human Rights Violations, ICC, Ivory Coast, News about the Courts, North Korea, Other domestic courts, Post-Election Violence, Uganda, UN General Assembly, Victims, War Crimes on March 25, 2014
UN may seek special tribunal on North Korea as alternative to ICC: On Sunday, 23 March 2014, a diplomatic source revealed that the UN is considering creating a special court to try North Korean leaders who have committed human rights violations against North Korean citizens. This would serve as an alternative to referring the issue to the ICC, a decision that would likely be vetoed by China. The creation of a court would occur by majority vote in the UN General Assembly. (Yonhap News Agency).
Libya announces trial date for former Gaddafi officials: On Monday, 24 March 2014, Libya announced that on 14 April 2014, 37 high-level aides of Muammar Gaddafi will be tried in domestic proceedings. Among those to stand trial are Seif al-Islam Gaddafi and Saadi Gaddafi, the two sons of Muammar Gaddafi; Abdullah Senussi, the former intelligence chief and brother-in-law of Muammar Gaddafi; and dozens of former aides of Muammar Gaddafi. Al-Islam Gaddafi and al-Senussi are wanted by the ICC for crimes against humanity allegedly committed in Libya in February 2011. The Pre-Trial Chamber of the ICC previously rejected admissibility of al-Saddafi’s case, and based on complementarity, decided that he should instead be tried by Libyan authorities. Furthermore, the Pre-Trial Chamber rejected the challenge to the admissibility of Al-Islam Gaddafi’s case, deciding that his case would be heard before the ICC. However, both decisions were appealed, the outcomes of which are outstanding. Both al-Islam Gaddafi and al-Senussi have complained that their due process rights have been infringed, alleging that they have been denied access to counsel by the Libyan government. They have not been appointed counsel. On 6 March 2014, Saadi Gaddafi was extradited to Libya, and is now joined in the case to be heard before Libyan domestic courts. (Middle East Online).
US sends military planes to assist in hunt for LRA leader Kony: The U.S. will be sending military planes and additional special forces to Uganda this week in order to increase the search for LRA leader Joseph Kony. The U.S. is also offering a $5 million reward for Kony’s capture, and had previously sent forces to the area in 2011 to assist African troops in the search for Kony. The ICC has charged Kony with war crimes, and he is wanted for human rights abuses; namely, abducting children and forcing them to become child soldiers. (BBC).
Former Ivory Coast Youth Minister Goudé transferred to the ICC: On Monday, 24 March 2014, Charles Blé Goudé, the former Ivory Coast Youth Minister and former leader of the pro-Gbagbo militia group “Young Patriots”, was transferred from Ivory Coast to the ICC. He had been arrested and extradited to Ivory Coast on 17 January 2014. He is charged with committing four counts of crimes against humanity during the post-election violence in Ivory Coast between 16 December 2010 and 12 April 2011. (Hirondelle News Agency).
Narcisse Arido makes initital appearance for ICC contempt proceedings: On 20 March 2014, Narcisse Arido, who was wanted by the ICC for offenses against the administration of justice allegedly committed concerning the case The Prosecutor v. Jean-Pierre Bemba Gombo, appeared for the first time before the Pre-Trial Chamber of the ICC. Arido is charged with corruptly influenced ICC witnesses, of which he was informed during the appearance. The Defense was also present at the appearance, and Arido was represented by his lawyer. The determination of whether these charges will be confirmed or rejected will not be made on the basis of a hearing, but solely on the basis of the parties’ written submissions. (CPI-ICC).
UN panel lists individuals alleged to be accountable for crimes: On Tuesday, 18 March 2014, the head of the UN panel tasked with investigating human rights abuses committed in Syria said that the panel has identified individuals who were involved in the taking of hostages, executions, and torture in Syria and placed them on a “perpetrators list”. This list includes the heads of intelligence branches and detention facilities in which torture was carried out; military commanders who targeted civilians; airport officials under whose jurisdiction bomb attacks were planned and completed, and leaders of groups who targeted civilians. The panel was established by the UN HRC in order to investigate human rights abuses in Syria since March 2011, and to date, the panel has conducted over 2,700 interviews. (Fox News).
China opposes UN HR Council Resolution on crimes in N. Korea: China rejected South Korea’s request for China to support a UN Resolution to refer North Korean officials who have allegedly committed human rights abuses within North Korea to the ICC. The U.S., EU, and Japan are in favor of bringing the issue before the UN Security Council in order to bring about a referral to the ICC; however, China may exercise its veto power. Following the UN Commission of Inquiry’s recent conclusion that high-level officials in North Korea have committed crimes against humanity, the UN HRC is expected to decide on a resolution concerning North Korea’s human rights record. (Yonhap News Agency).
Malta approves extradition of Serbian CAH suspect to Croatia: On Thursday, 13 March 2014, a Maltese court ruled that Eror Gojko—a Serbian construction worker who is charged with committing crimes against humanity, kidnapping, torture, and unlawful deportation to concentration camps between 1991 and 1993 in the former Yugoslavia—will be extradited to Croatia for trial. He consented to the extradition, and the Maltese court did not address his charges. The charges against him are related to the disappearance of at least 17 people. (Reuters).
Civil Society petition questions ICTR acquittals: 15 civil society groups have signed a petition addressed to the president of the UN Security Council, questioning the ICTR Appeals Chamber’s decision to acquit and reduce the sentences of political and military officials who had been convicted by the Trial Chamber for crimes committed during the 1994 Rwandan genocide. The petition is specifically against Judge Theodore Meron, the presiding Judge of the ICTR Appeals Chamber. One of the organizations, Rwanda Civil Society Platform, expressed its disagreement with the acquittal of Justin Mugenzi, Prosper Mugiraneza, Protais Zigiranyirazo, Augustin Ndindiliyimana, and François-Xavier Nzuwonemeye, as well as the reduction of the sentences of Anatole Nsengiyumva and Aloys Ntabakuze. (allAfrica).
Former Rwanda soldier sentenced in France: Pascal Simbikangwa was sentenced this Friday to a 25-year jail sentence. Sambikangwa is a former army captain who rose to become a high level official in Rwanda’s intelligence services. In 2008, he was arrested and accused of complicity in war crimes and genocide in which took place in 1994. France’s special genocide unit is hopeful that this verdict will lead to smooth future prosecutions. (Aljazeera).
Amnesty reports ongoing violence, civilian displacement in Darfur: As violence is Darfur intensifies almost half a million people have been forced from their homes of the last year. Eyewitnesses in the midst of the conflict have described large attacks carried out by armed militias against civilians. (Amnesty).
UN sends rights monitors to Ukraine; Security Council fails to pass Crimea Resolution: The UN Security Council failed to adopt a draft resolution which urged countries not to recognize the results of this weekend’s referendum in Crimea. In addition to this event, the UN has deployed a monitoring team to Ukraine to help establish facts surrounding alleged human rights violations. For additional information on this topic, please click here) (UN News).
Human Rights Council highlights ongoing plight of children in conflict: Ongoing armed conflicts have made a number of countries, such as Syrian, making them very dangerous places to be a child. SRSG Leila Zerrougui spoke in front of the HRC this past week highlighting that in Syria, South Sudan, CAR and in other countries children our being exploited and killed. She also urged the HRC to take action in order to prevent the deprivation of lifesaving humanitarian assistance to children. (UN News).
Posted by carolinguentert in AU, Balkans, CAR, Commission of Inquiry, Crimes against Humanity, Fair trial/Accused's rights, Fatuo Bensouda, Genocide, Human Rights Violations, ICC, ICJ, ICTR, Investigations, Kenya, News about the Courts, Sri Lanka, UN Human Rights Council, Victims, War Crimes, Witnesses on March 11, 2014
Dissenting opinion in Katanga Judgment alleges violations to accused’s rights: Following the ICC’s 7 March 2014 conviction of former Congolese warlord Germain Katanga as an accessory on one count of crimes against humanity and four counts of war crimes, Judge Christine van den Wyngaert wrote a dissent, arguing that Katanga’s fair trial rights had been violated and that he should be acquitted. Katanga was initially charged as a principal perpetrator under Article 25(3)(a), but the Chamber re-characterized the mode of liability after both parties had rested their case to view him as an accessory under Article 25(3)(d), the timing of which is the basis for Judge van den Wyngaert’s dissent that the defense was given insufficient time to respond to and build a case against the re-characterized mode of liability. Specifically, she argued that the Chamber’s communication of the factual and legal basis for the re-characterization was insufficient for the defense to properly prepare for this change, and that the communication was not specific enough to effectively inform Katanga of the charges pending against him. She also doubted that the “facts and circumstances” of the changes were within the charges the Pre-Trial chamber had confirmed. The dissent also referred to bias on the part of the majority. (International Justice Monitor, Los Angeles Times) (For more information, please click here).
UN investigation launched to probe HR abuses in CAR: On Monday, 10 March 2014, the UN launched an investigation of human rights abuses in the Central African Republic, focusing specifically on reports of genocide in the area. The panel conducting the investigation consists of Bernard Acho Muna, a Cameroonian lawyer and former deputy chief prosecutor for the ICTR; Jorge Castaneda, a former Mexican foreign minister; and Fatimata M’Baye, a Mauritanian human rights lawyer. Muna expressed concern that Christian and Muslim hate propaganda will increase violence, but is hopeful that the investigations will serve to lessen conflict. The Security Council ordered the investigation in December 2013, instructing the panel to collect information and identify perpetrators for prosecution. (ABC News).
Ruto responds to Prosecution application on compulsory testimony of eight witnesses: In response to ICC Prosecutor Fatou Bensouda’s application for the Court to compel the appearance of eight witnesses in the trial of Kenyan Deputy President William Ruto, Ruto’s lawyers argued that the witnesses’ testimony is irrelevant. They maintained that hostile witnesses would be unable to contribute to the Prosecution’s case and questioned the credibility of the witnesses, referring to one witness’s emotional and behavioral difficulties and the incongruity between that witness’s account and the testimony of another witness. They also asserted that the Court cannot compel a witness to appear, but simply to speak once the witness has appeared voluntarily. Bensouda argues that the Court has the power to compel a witness to both appear and speak, and maintains that the witnesses have been bribed or influenced improperly. (Standard).
Serbia begins defense arguments before ICJ: On Monday, 10 March 2014, Serbia presented its rebuttal in the genocide case Croatia brought against Serbia before the ICJ. Serbia, which filed a counterclaim against Croatia for genocide committed by Croatians against Serbs, alleged that Serbs are victims of genocide and that they also suffered during the Balkan Wars. The Defense expressed regret for the crimes committed in Croatia, but emphasized that the violence was not one-sided. The arguments for the countersuit will be presented in the coming days. (in Serbia).
AU establishes commission to investigation HR abuses and crimes committed in South Sudan: Following the outbreak of violence in South Sudan in December 2013, the African Union established a commission last week to investigate human rights violations and crimes committed during this period. The inquiry body was created through the Peace and Security Council (PSC) decision, and its purpose is to investigate the conflict and make recommendations to ensure accountability and reconciliation. Former Nigerian President Olusegun Obasanjo will head the five-member panel. The conflict has lasted about 10 weeks, and it is estimated that 10,000 people have been killed and nearly one million displaced. (AllAfrica).
Thousands of Tamils in Geneva protest Sri Lankan rejection of international investigation: In response to the Sri Lankan government’s refusal to initiate an international probe into alleged war crimes, 4,000 Tamils gathered in Geneva on Monday, 10 March 2014 to protest the rejection. The protest took place around the UN headquarters, and was made during an annual session of the Human Rights Council, which will be asked later this month to evaluate an international draft resolution calling for a probe into the crimes committed against Tamils during the Sri Lankan Civil War. (Agence France-Presse).
Ukrainian Parliament votes to send ousted President Yanukovich and two others to the ICC: On Tuesday 25 February 2014, the Ukrainian Parliament voted to refer ousted President Viktor Yanukovich, former interior minister Vitaly Zakharchenko and former prosecutor-general Viktor Pshonka to the International Criminal Court to be tried for ‘serious crimes’ regarding the death of over a hundred Ukrainian citizens and injury of over 2,000 during recent protests. The Parliament said that Yanukovich and other high level people should be held criminally responsible for “issuing and carrying out openly criminal orders.” The ICC stated on Tuesday that no request had been received yet from the Ukrainian Government. The Ukraine is not a member of the Rome Statute but Ukraine could make a declaration under Article 12(3) of the Rome Statute referring jurisdiction to the Court for the incidents. Yanukovich is currently at large after fleeing last Friday, 21 February. (The Star)
ICC preliminary examination analysizes Nigeria’s efforts to deal with Boko Haram: On Monday 24 February 2014, ICC Prosecutor Fatou Bensouda addressed Nigerian State House correspondents in Abuja in order to explain that as part of the ICC’s preliminary examination into crimes committed in Nigeria by Boko Haram, the Prosecution will be evaluating what efforts the Nigerian Government has taken to address the Boko Haram insurgency. This includes what judicial steps have been taken to bring justice to crimes committed by Boko Haram. The Prosecutor explained that a preliminary examination is not a formal investigation before the Court, which requires the approval of the Chambers, and must examine issues of complementarity. (Channels)
ICC Prosecution seeks to appeal Ruto’s excusal from presence in trial: The ICC Prosecution has sought leave to appeal a recent decision by the ICC Pre-Trial Chamber to again conditionally excuse ICC accused, William Ruto, from continuous presence during the trial proceedings against him in The Hague. The Prosecution has sought to appeal the decision in order to challenge whether interpreting Rule 134 as providing a basis to approve Ruto’s excusal is in contradiction with the Rome Statute; particularly Articles 63(1), 21(3) and 27(1) of the Statute. (Capital FM News)
Victims lawyer blames Kenyan AG for inaction on requests for evidence: ICC Victims’ lawyer in the case against President Kenyatta, Fergal Gaynor, has stated that terminating the case against President Kenyatta would be “unconscionable” in light of the Government’s inaction with requests to access evidence. Gaynor made submissions to the ICC Trial Chamber complaining of Attorney General of Kenya Githu Muigai’s inaction with requests for evidence – noting in particular the fact that Muigai took no action against an order which barred the interviewing of security officials who could provide evidence, and did not seek to appeal the order. Gaynor said the actions of the Government and AG are not in line with the International Crimes Act and the Rome Statute. (All Africa)
Haiti Appeals Chamber reopens investigations into former leader Duvalier for CAH and HR violations: On 20 February 2014, the Haitian Court of Appeals reversed a ruling by an investigative judge who formerly found that Haiti’s former leader Jean-Claude Duvalier could not be charged with crimes against humanity including forced disappearance and torture. The Court of Appeals found that there is substantial evidence to believe that Duvalier was indirectly involved in the crimes and criminally responsible, and has therefore appointed a sitting judge to further investigate the allegations. The Court of Appeals further found that there is no statute of limitations for crimes against humanity. Amnesty International welcomed the decision and stated that it was a victory for victims of the crimes. (National News Agency of Malaysia)
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).
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).