Archive for category War Crimes

31 March 2015 – NEWS ABOUT THE COURTS

UNHRC adopts resolution on impunity introduced by Armenia: On 27 March 2015, a resolution to prevent genocide was adopted by the 28th session of the United Nations Human Rights Council. This resolution was authored by Armenia, but Armenia’s Foreign Ministry stated that it currently has 64 states as co-authors. The resolution states the importance of holding those responsible for genocide criminally accountable for their actions. (Asbarez)

FIDH submits report on WC and CAH against Israel: The International Federation for Human Rights submitted a report to the International Criminal Court highlighting war crimes and crimes against humanity that occurred on the Gaza Strip last year. FIDH reported that Israel committed these war crimes, highlighting examples of attacks against civilians as proof. FIDH collected testimonies from victims of the war between Israel and Palestine from July to August of last year. Palestine is set to become a member of the Rome Statute, meaning that the ICC will have jurisdiction on 1 April. (PressTV)

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30 March 2015 – NEWS ABOUT THE COURTS

ICTY finds Seselj breached provisional release, orders return: On Monday, 30 March 2015, ICTY appeals judges found that Vojislav Seselj breached the terms of his provisional release and ordered the former Serbian leader to return to The Hague. Seselj was granted provisional release in November 2014 to seek medical care in Serbia under the condition that he not interfere with victims or witnesses and return to the tribunal if summoned.  After arriving in the country, Seselj told supporters that he would not return to the ICTY voluntarily and challenged officials to attempt to arrest him.  Serbian Prime Minister Aleksandar Vucic said the government will “respond in the coming days.”  (For additional information on this topic, please click here and here) (Reuters, Wall Street Journal, The News Tribune).

ECCC indicts Ao An in Case 004:The ECCC’s international co-investigating judge has charged Ao An in Case 004 with premediated murder under the 1956 Cambodian Penal Code and crimes against humanity.  The crimes were allegedly committed at Kok Pring execution site, Tuol Beng security centre and Wat Au Trakuon security centre.  The defense for the former member of the Khmer Rouge will now have access to the case file and be able to participate in the investigation.  (ECCC).

RSCSL rejects request from Taylor for prison transfer to Rwanda: Former Liberian President Charles Taylor’s motion to be transferred to a prison in Rwanda to serve the remainder of his sentence was denied by the Residual Special Court for Sierra Leone.  The RSCSL Trial Chamber found, among other things, that transferring Taylor to Rwanda could pose a threat to peace and security and found that the former president’s family’s inability to travel to the United Kingdom was not interference by the RSCSL.  Taylor had claimed that his family was unable to visit him in the United Kingdom where he was serving his 50-year prison sentence and it would be more humane for him to be imprisoned in Africa.  (All Africa).

Amnesty Report find Hamas responsible for war crimes in Gaza: On Thursday, 26 March 2015, Amnesty International released a report finding the Palestinian militant group Hamas committed war crimes during the Gaza War.  Specifically, the report said Hamas was responsible for firing rockets and mortar shells in Israel resulting in the death of thousands of civilians.  The accusatory report follows Palestine’s recent application for membership in the ICC which began an investigation into alleged war crimes during the Israeli-Palestinian conflict in January 2015.  (Foreign Policy).

UNCHR says human rights defenders risk murder in Libya: The U.N. Office of the High Commission for Human Rights (UNCHR), jointly with the U.N. Support Mission in Libya, released a report highlighting the abuse and threats faced by human rights defenders in Libya.  UNCHR urged the government of Libya to meaningfully investigate the alleged abuses and hold accountable those responsible.  UNCHR also recommended sensitivity training for investigators, reparations for victims of the abuse, release of those unjustly detained and cooperation with the ICC. The U.N. Human Rights Council intends to send a team to investigate the human rights abuses in Libya. (Libya Herald).

France seeks UNSC referral of ISIS to ICC: France is urging the U.N. Security Council to refer the Islamic State militant group to the ICC for war crimes and crimes against humanity committed in Iraq and Syria.  The ICC Prosecutor is unable to open an investigation into crimes committed in non ICC member states unless referred by the 15-member Security Council. If the matter were to be referred, the ICC prosecutor and judges will then have to decide whether the referral of the militant group is legitimate. (Reuters).

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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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17 March 2015 – NEWS ABOUT THE COURTS

ICC receive communication on Nigerian First Lady: The All Progressives Congress (APC) sent petitions and communications to the International Criminal Court against Patience Jonathan, the Nigerian First Lady. The ICC confirmed the receipt of the correspondence on 16 March 2015. TheCable stated that the ICC would give the petition the necessary considerations under the Rome Statute. The UK branch of the APC claimed that the ICC would begin investigations against Jonathan. (Pulse.ng)

UN investigators begin sharing findings on crimes in Syria: United Nations investigators are starting to share their findings on alleged  war crimes in Syria. The chairman of the UN commission of inquiry, Paulo Pinheiro, asked national authorities to contact the investigators with information. The commission of inquiry stated last month that they plan to publish the names of suspects soon. The commission has compiled five lists over nearly four years. (UK Reuters)

Amnesty says strikes against IS could be war crimes: Amnesty International stated in their report that airstrikes by the Syrian government against the Islamic State could constitute as war crimes. The airstrikes on the city of Raqqa killed civilians between 11 November and 29 November. Amnesty International stated once more that the war in Syria should be referred to the ICC. (DW)

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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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10 March 2015 – NEWS ABOUT THE COURTS

Simone Gbagbo sentenced to twenty years for Cote d’Ivoire violence: A court in the Ivory Coast has sentenced Simone Gbagbo, former first lady of the Ivory Coast, to twenty years in prison for her involvement in inciting post-election violence in 2010. Gbagbo’s lawyer, Rodrigue Dadje, stated that they would appeal the verdict by the end of the week. Gbagbo is still wanted by the International Criminal Court. Her husband, Laurent Gbagbo, is still awaiting trial at the ICC for crimes against humanity during the post-election violence. (Reuters)

Identity of deceased man confirmed as potential ICC Witness: The body thought to be of Meshack Yebei, a potential ICC witness, was found in early January. The Kenyan government has confirmed through DNA tests that the body is in fact that of Mr. Yebei. Yebei was a potential witness in the trial against President Ruto who was charged with crimes against humanity during the post election violence in Kenya. Mr. Ruto’s lawyers stated that Yebei was to be a witness for the defence. (BBC)

Human rights groups file Bamako complaint for Mali crime victims: The International Federation of Human Rights announced on 9 March 2015 that human rights groups have filed a war crimes complaint for victims in Mali. The complaint focuses on the events that occurred during 2012 and 2013 when armed groups occupied Timbuktu and the surrounding area. Human rights groups have identified fifteen people as responsible parties for war crimes and crimes against humanity. The ICC opened an investigation in January of 2013 against Mali for occurrences since 2012, but no cases have been brought so far against particular individuals. (Hirondelle News)

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