Archive for category Victims
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).
U.N. team chief pushes for new chemical weapons investigations in Syria: Ake Sellstrom, the leader of the U.N. team tasked with determining whether chemical weapons were used in Syria, has called for more investigations. Sellstrom told reporters in an interview Monday, 16 December 2013, that it was imperative the U.N. conduct broader investigations in Syria to determine responsibility for the 2013 chemical weapons attacks. Sellstrom said there is still much evidence to be discovered that would aid in finding those to hold accountable. (ABC News).
ICC obstructing victims rights; says campaign groups: Prominent victims rights groups have alleged the ICC’s concessions to Kenya’s sitting heads of state is endangering the rights of the victims. Recently, the ICC’s Assembly of States Parties authorized the amendment of the Court’s rules to allow accused the opportunity to be absent from court proceedings under certain conditions. Although the changes need approval from ICC judges in the case against Kenyan President Uhuru Kenyatta and Deputy President William Ruto, advocates for the victims found the changes compromise the interests and the voice of the victims. Representatives for the Kenyan government, on the other hand, claimed “[t]he right of victims to be represented in trials is well enshrined in the Rome Statute, and [the country is] not in any way touching on that.” (All Africa).
ICJ to decide on Chile and Peru dispute January 2014: The ICJ is expected to issue its decision on the maritime boundary line between Chili and Peru on 27 January 2014. Peru brought the case before the international court in 2008, disputing the sovereignty of an area at sea. Chile argued in response that a treaty dating back to the 1950s established the maritime boundary lines. Peruvian President Ollanta Humala said he hoped the decision would “show the entire world that even historical problems can be solved within the judicial framework of the [ICJ].” (Peru this Week).
Kenya making progress in amending ICC rules: Reports indicate that through a formal presentation, Guatemala and Greece asked to amend Article 134 of the ICC Rules of Procedures to allow accused persons who are “mandated to fulfill important and extraordinary public duties” in their states to waive the requirement to be present at their trial. Instead, the amendment would let counsel represent the accused, who would not have to attend the trial at The Hague or follow it through video proceedings. Kenya, Japan, and South Africa all support the proposed amendment. Kenya’s second goal, to give sitting presidents immunity until their term has expired, will likely not be addressed until February at the Assembly of State Parties, even though Kenya is pushing for a special summit. Both changes would benefit Kenya, which has publicly objected to the requirement that President Uhuru Kenyatta and Deputy President William Ruto be present at their trials, whether in person or through video links. (Standard Digital).
Security Council condemns LRA war crimes, calls for support: On Monday, 25 November 2013, the UN Security Council condemned the Lord’s Resistance Army (LRA) in a presidential statement, urging the group to cease its activities, disarm, and release abductees. The Council also asked the UN Office for Central Africa, UN peacekeeping missions, and the international community to support the implementation of the UN Regional Strategy, which is meant to address the activities of the LRA. The Council also applauded the efforts of the African Union Regional Cooperation Initiative and emphasized the importance of regional efforts to combat the LRA. The Security Council has repeatedly denounced the crimes against humanity and war crimes the LRA has committed in several African nations over the course of 15 years, especially the group’s use of child soldiers. (UN News Centre).
Serbian Prosecutor’s Office wants 15-year sentence for Juric: The Serbian War Crimes Prosecutor’s Office demanded that Ilija Jurisic, who served as a commander during the Bosnian War, be sentenced to 15 years in prison for allegedly ordering a large-scale attack on former Yugoslav People’s Army (JNA) soldiers during their retreat from Tuzla, Bosnia, even though the withdrawal had allegedly been agreed upon previously. 51 soldiers died and 50 were wounded during this attack, a war crime for which Juric has been indicted in a domestic proceeding. Juric was already convicted in 2009 and sentenced to 12 years in prison, which was overruled by the Appellate Court in 2010, and the current rehearing seeks to establish why the JNA had withdrawn from Tuzla and whether Juric ordered the attack on the JNA.
Mbeki says ICC should not interfere in Africa: Former South African President Thabo Mbeki criticized the ICC’s prosecution of African leaders on Talk To Al Jazeera. In his opinion, the international community should focus on building peace in Africa, instead of imposing justice from the “outside.” He mentioned the trials of Kenyan President Uhuru Kenyatta and Sudanese President Omar al-Bashir; intervening in the conflict is more important than prosecuting these leaders, especially when their leadership and influence could be useful in brokering peace. Justice, he explained, does not trump peace. Using his own country as an example, Mbeki stated that South Africa’s move from apartheid to democracy would have been far less smooth had former South African President F.W. de Klerk, who was an integral part of ending apartheid, been brought before the ICC during the conflict. (Al Jazeera Media Network).
Unnamed witness called by judges testifies in Bemba trial: A witness under the pseudonym “Witness CHM-01” testified at the trial against Jean-Pierre Bemba on Monday, 18 November 2013 before the ICC. The judges, as allowed by Articles 64 and 69, had called the witness; none of the parties in the trial had called him to provide evidence, even though several witnesses from both sides had mentioned his name. The witness is testifying through a video link from an undisclosed location. It is not yet clear how the witness was involved in the MLC. Mr. Bemba is charged with committing war crimes and crimes against humanity in the Central African Republic between October 2002 and March 2003. (Open Society Justice Initiative).
African Court to hold conference to raise awareness: The African Court on Human and Peoples’ Rights is organizing a continental conference in order to raise awareness about the court’s activities and promote human rights in African states. The Court feels that it has been underutilized; in seven years, it has only handled 28 petitions concerning contentious matters and five requests for advisory opinions. Senior officials believe that this under-utilization is due to the fact that the individuals and entities who are allowed to bring petitions before the Court are largely unaware of its existence. The conference will be attended by the president and judges of the court, representatives from international organizations, and Professor Makame Mbarawa, the Tanzanian Minister of Communication, Science and Technology. (Tanzania Daily News).
Leaders urge Sri Lanka to investigate war crimes following summit: During the Commonwealth Summit, which was held in Sri Lanka over the course of three days, several human rights groups appealed to world leaders to pressure Sri Lankan President Mahinda Rajapaksa to investigate war crimes that allegedly took place during and after the civil war against the Liberation Tigers of Tamil Eelam. UK Foreign Secretary William Hague, who was in attendance, stated that it would be possible for Sri Lanka to set up a war crimes tribunal before March, to which President Rajapaksa responded that Sri Lanka had started investigations, but that this process will take longer than a few months. He had previously stated that his troops did not commit war crimes during the conflict, which lasted 26 years. Secretary Hague’s comments followed UK Prime Minister David Cameron’s condemnation of the alleged war crimes, and his warning of a UN-led investigation should Sri Lanka fail to launch an independent inquiry. (To read more about this topic, please click here.) (Voice of America, BBC).
Nine AU states may be barred from voting on Rome Statute amendments: The ICC announced that nine out of its 122 members are in arrears and will therefore be unable to vote in this week’s Assembly of State Parties meeting in The Hague. Though the list of states has not been officially released, Tanzania, Senegal, Niger, Ghana, Gabon, Djibouti, Comoros, Guinea, and Liberia are all indebted to the Court and may lose their voting rights. These votes may be necessary to amend the ICC rules of procedure laid out in the Rome Statute, an effort Kenya is leading in order to excuse President Uhuru Kenyatta and Deputy President William Ruto from attendance at their trials, to amend Article 27 to grant sitting heads of governments immunity, and to amend Article 70 so that court officials can be charged with offenses against administration of justice and the powers of the Independent Oversight Mechanism may be expanded. If all 122 members attend the meeting, Kenya needs 81 members to support its proposals. (The Star).
Botswanan judge appointed to Sierra Leone court: On 16 October 2013, the Botswanan Administration of Justice announced that Ban Ki-Moon, Secretary General of the United Nations, appointed the Hon. Justice Dr. O.B.K. Dingake as a judge on the Residual Special Court for Sierra Leone, which is continuing the mandate of the Special Court of Sierra Leone. Justice Dingake is a jurist and scholar, and will sit on the Court as required by the president of the Court. (Government of Botswana).
Security Council split on ICC deferral: The U.N. Security Council is split over whether to delay the ICC cases against Kenya’s sitting heads of state. Last week, the 15 state parties met to discuss an AU backed resolution calling for a deferral to allow President Uhuru Kenyatta and Deputy President William Ruto time to fulfill their executive duties at home. Experts opposed to the resolution argue a postponement may defer justice for victims. The U.N. Security Council is expected to vote this week on whether to approve the deferral. (All Africa).
Ivory Coast party seeks release of former President: The Ivorian Popular Front has officially requested the ICC release former President Laurent Gbagbo from custody. The opposition political party claims Gbagbo is being illegally detained after the ICC failed to present sufficient evidence of wrongdoing. The party’s organizer demanded the former President return to the Ivory Coast to “reconcile the people.” For the past two years, Gbagbo has been held in The Hague on charges of crimes against humanity for his participation in the 2010 post-election violence. (All Africa).
Kenya attacks planned after 2007 election, says ICC witness: A prosecution witness testified last week that members of the Orange Democratic Movement, a political party supported by ICC indictee William Ruto, planned attacks against the rival Party of National Unity. The protected witness told judges members of the Orange Democratic Movement stocked bows, arrows and rocks “with the objective of forcibly expelling” people of a differing ethnic group from their communities once the 2007 presidential election results were announced. Ruto, alongside co-accused Joshua arap Sang, is charged with inciting and ordering attacks that killed and displaced thousands of civilians after the party he supported was defeated in the election. (All Africa).
ICC judges call witness for Bemba trial: A judge ordered witness is expected to testify in the trial of Jean Pierre Bemba at the ICC on 18 November 2013. The evidence to be presented by the witness has not been disclosed, however, the individual has been “repeatedly mentioned” by other participants during the proceedings. The witness will first be examined by the judges. The prosecution, victim representatives and defense will then each have an opportunity to question the witness on relevant issues, as well as evidence that concerns credibility and mitigating or aggravating circumstances. The former Vice President of the DRC is charged with crimes against humanity and war crimes. (All Africa).
ICC rejects Gbagbo’s appeal against pretrial detention: On Tuesday, 29 October 2013 the ICC announced that former Ivory Coast President Laurent Gbagbo must remain in custody until he is tried, rejecting his appeal against his continuous pretrial detention in The Hague. Gbagbo has been in custody for almost two years, and his indictment has not been confirmed; it is still unclear whether he will stand trial. Gbagbo is charged with committing crimes against civilians following the 2010 Ivory Coast elections. (The Associated Press).
U.S. plans to aid Uganda in its search for Kony: The U.S. is reportedly increasing efforts to catch Joseph Kony by possibly stationing Osprey aircraft in Uganda. Such aircraft fly like planes but are capable of landing like helicopters, which would significantly aid African and U.S. troops in searching for Kony. This would also double the number if U.S. troops stationed in Uganda, which is leading the search for Kony. Kony, the commander-in-chief of the rebel group the Lord’s Resistance Army (LRA), and three other LRA leaders have been indicted by the ICC for crimes against humanity and war crimes. The LRA fought the Ugandan government for 20 years, and is allegedly responsible for killing and kidnapping civilians from villages, many of whom were children. (Voice of America).
Chowdhury appeals death sentence handed down by ICT: On Tuesday, 29 October 2013, Salauddin Quader Chowdhury’s defense lawyer filed an appeal with the Supreme Court against the death penalty awarded by with the International Crimes Tribunal (ICT), which had sentenced Chowdhury to death by hanging on 1 October 2013 for the torture, murder, and genocide he committed during the 1971 Bangladesh Liberation War. Chowdhury was a Standing Committee member of the Bangladesh Nationalist Party. (Dhaka Tribune).
STL holds pre-trial conference in Hariri case: On Tuesday, 29 October 2013, the Trial Chamber of the Special Tribunal for Lebanon (STL) is holding a pre-trial conference concerning the case against four Lebanese individuals indicted for assassinating former Lebanese Prime Minister Rafiq Hariri and killing 21 others in a 2005 terrorist attack in Beirut. The conference is meant to help shift the case from the pre-trial to the trial stage, and will be open to the public. This is the first time the Trial Chamber has held such a meeting. The case was transferred from the Pre-Trial Chamber to the Trial Chamber, and the trial is set to begin on 13 January 2014. (Kuwait News Agency).
ICC reverses ruling excusing Ruto from attending his trial: The appeals chamber of the ICC ruled on Friday, 25 October 2013 that Kenyan Deputy President William Ruto can only be excused from attending his trial under “exceptional circumstances”, reversing the earlier ruling which had excused Ruto from attending much of his trial. The appeals chamber noted that Ruto may only be excused from attending when judges have considered all other alternatives and it is “strictly necessary”, since Ruto is “not merely a passive observer of the trial but an active participant”. Decisions on whether Ruto will be excused from certain parts of his trial will therefore be made on a case-by-case basis. (Sabahi).
Posted by carolinguentert in Crimes against Humanity, Fair trial/Accused's rights, Fatuo Bensouda, Genocide, Guantanamo, Human Rights Violations, ICC, ICTY, Investigations, Kenya, News about the Courts, Other domestic courts, Post-Election Violence, Victims, War Crimes, Witnesses on October 22, 2013
ICC Appeals Chamber to announce judgment on Ruto’s presence at trial: On Tuesday, 22 October 2013, the Appeals Chamber of the ICC announced that on Friday, 25 October 2013, it will deliver its judgment on Prosecutor Fatou Bensouda’s appeal against the Trial Chamber, which had granted Kenyan Deputy President William Ruto conditional excusal from being physically present at his trial. The Appeals Chamber will decide whether he must attend the entirety of his hearing, instead of limited sessions. On Friday, 18 October 2013 the Trial Chamber granted Kenyan President Uhuru Kenyatta’s request to be excused from being present at his trial, but he must attend the opening and closing statements of all parties, hearings of victims, the delivery of judgment in his case, and if he is found guilty, sentencing hearings, the delivery of sentencing, the entirety of victim impact hearings, and reparation hearings. He was excused from being present at the other sessions to accommodate his presidential duties. Bensouda is currently trying to decide whether in addition to Ruto’s case, she should appeal the Trial Chamber’s decision regarding Kenyatta. (ICC-CPI, The Star). (For additional information on this topic, please click here and here).
Fourth witness in Ruto trial disowns testimony: The fourth witness in the trial against Kenyan Deputy President William Ruto disowned part of the testimony presented by the prosecution, which linked Ruto to the term “madoadoa”; a blot in the voting pattern. The witness denied having been at 64 Stadium in Eldoret during the 2007 election campaigns, even though the prosecution maintained that the witness had previously told them that he had attended the rally. The witness also denied having heard Ruto refer to Kikuyus as “madoadoa” in the context of three-piece voting for the Orange Democratic Movement. Presiding Judge Chile Eboe-Osuji said that any evidence given by the prosecution that conflicts with the witness’s statements would not be accepted by the court. (Capital FM).
Amnesty International says U.S. drone strikes could be war crimes: After investigating nine missile attacks that recently took place in Pakistan, Amnesty International issued a report that the secret drone campaign the CIA undertook against suspected terrorists in Pakistan may constitute war crimes, and that the US officials who conducted the attack should be tried for these attacks. The report was issued in conjunction with an investigation by Human Rights Watch concerning six missile attacks in Yemen, which the group believes may violate international human rights law, the laws of armed conflict, and Barack Obama’s guidelines concerning the use of drones. Both groups have focused their investigations on civilian deaths. (The Guardian).
ICC announces new investigation strategy: The ICC’s 122 member states received guidelines last week concerning a new investigation strategy soon to be adopted by the ICC. Experts say that the new strategy will improve evidence gathering, and although details about the guidelines have not been released, they will aid the Office of the Prosecutor (OTP) in bringing cases. For example, prosecutors will be able to ensure that cases are ready at an earlier stage in ICC proceedings and that court investigators can corroborate evidence collected by third parties, both of which have been challenges prosecutors have faced in the past. Judges at the ICC have previously criticized the OTP and the ways in which evidence was collected and investigations conducted, which this new strategy is meant to rectify. (Institute for War & Peace Reporting).
Guantánamo prosecutor agrees al-Qaida suspect should be tried in federal court: The chief war crimes prosecutor of the Guantánamo Bay Navy Base said on Monday, 21 October 2013 that he agrees with the Obama administration’s decision to prosecute Abu Anas al Libi in a federal court as opposed to a military commission. Libi is an alleged al-Qaida conspirator accused of participating in the 1998 U.S. embassy bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania, which killed 224 people. Libi was detained by U.S. forces on 5 October 2013 in Tripoli, Libya, interrogated on a war ship, and brought to a New York court; he was not brought to Guantánamo. (Miami Herald).
Russian MFA to terminate Mladic’s ICTY trial: The Russian Ministry of Foreign Affairs (MFA) announced that it is working towards the early termination of General Ratko Mladic’s trial before the ICTY. Opposition to the trial led to the formation of the Public Committee for the Protection of Mladic six months ago, which views the work of the Tribunal as violating international law, because the judge presiding over the case is Dutch, and a Dutch battalion was present in Srebrenica, which the group believes would create impartiality. Mladic is accused of committing genocide and crimes against humanity in the blockade of Sarajevo, where 10,000 people died, and an incident in Srebrenica, where between 7,000 and 8,000 Bosnians were killed. (InSerbia).