Archive for category Witnesses
ICC Prosecution opens a preliminary examination in Palestine: On 16 January 2015, ICC Prosecutor Fatou Bensouda opened a preliminary examination to examine the situation currently in Palestine. The preliminary examination has been opened based on the Article 12(3) of the Rome Statute, which gives the ICC jurisdiction since 13 June 2014. The preliminary examination will allow the ICC to examine the information to see if there is a reasonable basis for a full investigation into Palestine. (International Criminal Court)
Fingerprints reveals that body found is not of ICC witness: Fingerprints revealed that the body found in a Kenyan river was not the body of missing ICC witness Meshack Yebei. The fingerprints taken off the body were those of Yusuf Hussein, but DNA tests will soon tell whom the body belongs to. Karim Khan, Deputy President William Ruto’s attorney, stated that Yebei was a witness in Ruto’s trial. ICC Prosecutor Fatou Bensouda stated that Yebei was not included on the ICC’s witness list for due to a scheme to corrupt witnesses. (ABC News)
Stephen Rapp is stepping down as US Ambassador of War Crimes: Stephen J. Rapp has been the US Ambassador of war crimes for almost five and a half years during the Obama administration. Rapp is stepping down from his position, though it has not been formally announced. Rapp joined the administration in 2009 with a reputation for holding people responsible for war crimes. Rapp started out his career as a victim of a kidnapping and led on to be a federal prosecutor in Iowa, a United Nations prosecutor for Rwanda and Sierra Leone. University of Michigan professor, Steven Ratner, stated that Rapp improved US relations with the ICC, but has had little success in getting American intelligence agencies to share information about human rights abuses abroad. It is unclear how soon Rapp will be stepping down from his position and who will replace him. (Foreign Policy)
Amnesty says Boko Haram attack of Baga should be investigated for CAH and WCs: Amnesty International released satellite images of attacks by Boko Haram militants on the towns of Baga and Doron Baga. The released images contain before and after pictures that show the amount of damage done to the towns. Over 3,700 structures were damaged or demolished in the attacks. These images also corroborate testimonies gathered by Amnesty International on the attacks. Amnesty International stated that killing of civilians and destruction of property are war crimes and crimes against humanity that should be investigated. US Secretary of State, John Kerry, also labeled the attack as a crime against humanity. (Amnesty International, NDTV) (for additional information please click here)
ECCC accused concerned by stand-by counsel: Judges at the Khmer Rouge tribunal ordered stand-by counsel for Khieu Samphan for trial due to the boycott of proceedings by current counsel. During a hearing on 8 January, Samphan’s defense team claimed that the court was putting pressure on their client. Shortly afterwards, Samphan was rushed to the hospital with dizziness and high blood pressure. An attorney for Khieu Samphan stated in an email that the presence of stand=by counsel made Samphan anxious and could have contributed to going to the hospital. (Cambodia Daily)
DNA test requested for murdered ICC witness: Deputy President William Ruto’s attorney, Karim Khan, requested a DNA test of Meshack Yebei. Yebei was a potential witness in the trial against President Ruto and was found dead in western Kenya in early January. President Ruto was charged with crimes against humanity during the post election violence in Kenya. Yebei’s family consented to the DNA test and stated that Yebei never mentioned he was an ICC witness. Prosecutors stated that they had not been planning to call Yebei as a witness during trial due to his implication of trying to corrupt witnesses. Khan stated in a letter to the head of Kenya’s Criminal Investigation Department that Yebei had been a key witness for trial. Yebei had even been referred to the ICC’s Victims and Witness Unit for protection. Prosecutors stated that any suggestion that they were involved in Yebei’s abduction and murder was “outrageous and utterly false.” (BBC News, AllAfrica) (for additional information please click here)
Government says it wants to try Ongwen in Uganda: The government of Uganda stated that it wanted to try Lord’s Resistance Army rebel commander Dominic Ongwen. Ongwen recently surrendered and is in U.S. custody in Central African Republic. Ongwen is also wanted by the ICC. Uganda State Minister for Regional Cooperation Asuman Kiyingi stated that they would rather try him in Uganda than in the ICC because they have the capacity. A decision regarding whether Uganda gets to try Ongwen will be reached after consultations with the African Union, Uganda, United States, and United Nations. (NY Times)
Libyan trial of Saif Gaddafi and Al-Senussi delayed again: The trial of Saif Al-Islam Qaddafi and 36 other senior officials, including former security chief Abdullah Senussi, has been postponed once again. On 11 January 2015, trial opened and was subsequently adjourned until 25 January. This case opened in 2012 and has seen many setbacks. Those that stand accused could face the death penalty for “genocide, killing of unarmed civilians, abuses of power, human rights abuses, employing mercenaries and encouraging rape as a weapon of war.” The ICC indicted both Gaddafi and Senussi. After proceedings on Libya’s admissibility challenge, the ICC ordered the surrender of Gaddafi to the ICC. Libya has failed to comply with this order. (Libya Herald)
US Senators condemn Palestinian decision to join the ICC: Senators Lindsey Graham, Robert Menendez, Chuck Schumer, and Mark Kirk threatened Palestine over their decision to join the ICC. Palestinian President Mahmoud Abbas applied to join the ICC following a rejection on Palestine’s proposal for statehood by the United Nations Security Council. On 1 January Palestine submitted an Article 12(3) declaration that gives the ICC jurisdiction since 13 June 2014. Palestine also submitted documents to accede to the Rome Statute on 7 January. Senators issued a warning to Palestine stating “that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA” would end. (Press TV, International Criminal Court) (for additional information please click here)
UN report on crimes in CAR finds evidence of CAH and WC, but no genocidal intent: A UN report released last Thursday concluded that the events that conspired in the Central African Republic by the Seleka coalition and the anti-balaka did amount to crimes against humanity and war crimes. The commission of inquiry of the United Nations Security Council did not find any genocidal intent, but considered the ethnic cleansing of the Muslim population as a crime against humanity. (Tamil Guardian)
UN report on S. Sudan killings finds evidence sufficient for further investigations and prosecution: The United Nations stated that offenders of the ethnic massacres in Bentiu and Bor last April could be prosecuted based on extensive investigations into the matter. Offenders included members of the Sudan People’s Liberation Army-In Opposition. The investigation comprised of site visits by human researchers and 142 interviews. (Radio Tamazuj)
ICC Prosecutor withdraws charges against Kenyan President Kenyatta: Prosecutors at the ICC dropped the charges against Kenyan President Uhuru Kenyatta for crimes against humanity. Kenyatta was indicted for inciting post-election violence in 2007. The charges were dropped after the ICC gave prosecutors a one-week deadline to submit evidence against Kenyatta or to drop the charges. Prosecutors had asked for more time to build its case on more than one occasion, claiming witnesses had been bribed or intimidated. The ICC gave this one-week ultimatum stating that any further delays would be “contrary to the interest of justice.” (BBC) (for additional information please click here)
Former UNAMID spokesperson asks Bensouda to push UNSC for Sudan inquiry: Aicha Elbasri, former United Nations-African Union Mission in Darfur spokesperson, asked prosecutor of the ICC, Fatou Bensouda, to look into an alleged cover-up by UN peacekeepers in Sudan. Elbasri pushed Bensouda to ask the United Nations Security Council to look further into these matters. Elbasri’s letter stated that the UN peacekeepers assigned to investigate the claims of manipulating the truth about Darfur were part of “an internal, partial, biased and secretive process.” Elbasri stepped down as spokesperson in April 2013 with claims that she had been prevented from informing the public about the events occurring in Darfur. (Sudan Tribune)
ECCC Prosecution appeals judges’ decision not to consider foreseeable crimes: The Trial Chamber of the Khmer Rouge tribunal refused ECCC prosecutor’s claims against Nuon Chea and Khieu Samphan in crimes that the two did not directly order or oversee. The prosecutors are now appealing that decision stating that the defendants should be held accountable for crimes that were reasonably foreseeable. Chea and Samphan both are already facing life sentences for crimes against humanity and are appealing those decisions. William Smith, international deputy co-prosecutor, stated that the Trial Chamber should be able to consider crimes such as rape that were foreseeable from actions of the accused. (Cambodia Daily)
Seselj rejects return to ICTY detention after provisional release: Earlier this week, the prosecution filed a motion to send nationalist leader Vojislav Seselj back to ICTY detention. Seselj was accused with Serbian war crimes, but was provisionally released to seek treatment for cancer. Seselj vowed that he would not return to the Tribunal. Chief prosecutor, Serge Brammertz, stated that despite Seselj’s health condition, Seselj has still made many comments that insult victim communities. Brammertz also stated that these comments called into question the trial chamber’s assessment of Seselj’s condition for provisional release. (Journal of Turkish Weekly)
ECCC boycott results in trial adjournment until January 2015: The genocide trial for Nuon Chea and Khieu Samphan, two ex-Khmer Rouge leaders, has been adjourned until 8 January 2015. Khieu Samphan’s defence attorneys continued to boycott the proceedings for the defendant. Both defendants wanted more time to file appeal documents on their life sentences for crimes against humanity in a previous trial in August. Judge Nil Nonn stated that the court did not have any other alternative, but would pursue misconduct proceedings against the attorneys. (eNews Channel Africa)
Activist calls for UNSC attention to alleged rapes in Darfur: Ahmed Hussein Adam, researcher at Cornell University, calls to the UN Security Council to probe into the security and humanitarian situation in Darfur and protect civilians. Hussein Adam urged the Security Council to inquire into the mass rape of women in Tabit. He expressed disappointment by victims and their families in the Security Council’s decision for the Sudanese government to conduct investigations. Hussein Adam does not think that Sudan should investigate itself and called for the ICC to investigate, as well as add more charges. (Radio Dabanga)
ICC Prosecution Witness testifies about treatment in witness protection: An ICC prosecution witness, referred to as Witness 800, states how he considered recanting his statement for the prosecution in a trial due to the treatment by protection officers. An individual, referred to as person 19, told him about an offer from another individual, referred to as person 7. Witness 800 considered taking the offer because the amount of money his family received was not enough to support them. This is not the first instance of witness interference in the trial against Deputy President William Samoei Ruto and former journalist Joshua arap Sang who both face three counts of crimes against humanity. (AllAfrica)
HRW says Israeli’s demolition of Palestinian homes could be war crime: On 22 November 2014, Human Rights Watch called upon Israel to stop its practice of demolishing Palestine terrorists’ homes. The NGO states that this practice unlawfully punishes those who did not commit terrorist acts and could constitute as a war crime. Three current houses have been slated for demolition, but the families have appealed. Mohammed Mahmud, the families’ lawyer, stated that their petition would be heard by an Israeli military court on Sunday. (Israel National News)
Nizami appeal filed and Mobarak verdict expected at ICT Bangladesh: Mobarak Hossain, alleged Razakar commander, has his verdict coming out on Monday for his trial. Mobarak stands accused of crimes against humanity during the Liberation War. The prosecution sought the death penalty at the end of trial in May. Motiur Rahman Nizami, Jamaat chief, has appealed his verdict from the ICT to the Appellate Division of the Supreme Court. Nizami was sentenced to death for crimes against humanity during the 1971 Liberation War. Nizami is seeking acquittal from all war crimes charges. (Dhaka Tribune) (for additional information click here)
ICC conduct official visit to Bulgaria: Prosecutor General of the Republic of Bulgaria, Mr Sotir Tsatsarov, invited ICC officials for an official visit to Bulgaria to meet with high-level Bulgarian representatives. ICC officials included President of the ICC, Judge Sang-Hyun Song, ICC Prosecutor, Mrs Fatou Bensouda, and ICC Judge Ekaterina Trendafilova. Bulgarian officials repeated Bulgaria’s commitment to the ICC and international criminal justice. (International Criminal Court)
ECCC Chambers orders Defence to appear November 17: Defence teams currently boycotting hearings in Case 002/02 have been ordered to appear November 17 before the ECCC. Accordingly, both teams have been threatened with counsel substitution if the boycott continues. The defence teams argue that more time for trial preparation is needed but such arguments have been largely brushed aside by the ECCC. (Phnom Penh Post).
STL Judge postpones contempt hearing for news editor al-Khayyat: Khayyat and its parent company have been accused of contempt and obstruction of justice in connection with the disclosure of personal details of secret witnesses in the Hariri case. A delay in the hearing has come in response to a request from the defense sufficient time to investigate. Once trial begins, both sides expect a speedy conclusion. (Daily Star).
ICC President appeals for widespread adoption of Rome Statute: On 30 October 2014, Judge Sang-Hyun Song in his capacity as President of the ICC plead his case for the adoption of the Rome Statute by States while in front of the UN General Assembly. Judge Song highlighted the similarities shared between the ICC and the UN. (The Hague).
On Tuesday, October 21, the Judge of Pre-Trial Chamber II at the ICC ordered the release of several individuals connected to the Case of Prosecutor v. Bemba, Kilolo, et. al. The Judge, Cuno Tarfusser, considered the circumstances of detention for several members of Mr. Bemba’s defense team, a defense witness, and one other individual from the DRC government. The four were detained in November 2013 for allegedly obstructing justice in the Case of Mr. Bemba. Judge Tarfusser ordered release for the four to ensure pre-trial detention was not disproportionately long for the charges. A confirmation of charges decision is anticipated, and any corresponding detention will be decided at that time. (ICC Press Release)
On Monday, the ex-mayor of Providencia was arrested for allegedly perpetrating crimes including homicide and torture during the Pinochet Regime. Christian Labbe Galilea will be prosecuted along with nine other regime leaders, for acts committed as a member of the DINA Secret Police. The human rights division of the Chile Interior Ministry pursued the charges against the former military leaders, and indicated that they would contact Brazilian authorities regarding alleged torture training conducted in 1972-1973 in Brazil. Defense attorneys for Labbe said they would appeal the charges and seek unlawful association charges. (BBC, Reuters) For additional information on this topic, please click here.
The International Crimes Tribunal – 1 announced it would consider charges against three accused on November 5. The three suspects, Sheikh Sirajul Haque, Khan Akram Hossain, and Abdul Latif Talukdar, allegedly committed murder and other crimes during the Liberation War of 1971. Mr. Haque was said to have killed more than 650 civilians, while the two other individuals were alleged to have converted hundreds of Hindus and murdered several civilians. (Daily Star)
ICTY Karadzic trail closing statements: The ICTY heard closing arguments in the case against former Bosnian Serb President Radovan Karadzic this week. UN prosecutor Alan Tieger stated Karadzic was responsible, along with others, for cleansing Bosnia’s Muslims and Croats from Serb-claimed territories. Karadzic, conducting his own defense, took responsibility for crimes committed by the Republika Srpska but denied being aware of the killings. Karadzic faces charges of genocide, crimes against humanity and violations of the laws or customs of wars for crimes committed during the 1992-1995 Bosnian conflict. (For more information on this topic, please click here) (Saudi Gazette, BBC News Europe).
ICTR confirms criminal responsibility and life sentence of Nzabonimana: On 29 September 2014, the ICTR Appeals Chamber confirmed a life sentence against Callixte Nzabonimana for conspiracy to commit genocide, direct and public incitement to genocide and extermination as a crime against humanity. The Appeals Chamber ordered Nzabonimana remain in the Tribunal’s custody until it is decided where the former Rwandan youth minister is to serve his sentence. (Hirondelle News Agency).
Public testimony ends at Ivory Coast Truth Commission: Tuesday, 30 September 2014, ended public testimony of at least eighty victims and perpetrators who spoke on the serious violations of international law committed following the 2000 presidential election in the Ivory Coast. The Ivory Coast truth commission was formed to investigate the bloody political violence after opposition leader Laurent Gbagbo was elected in 2000. (AFP).
ECCC accused appeal conviction and sentence: Defense for former leaders of the Khmer Rouge, Nuon Chea and Khieu Samphank, have appealed their life sentences for crimes against humanity for their roles in forced evacuations. The two ECCC accused denied the charges and argued the conviction was a miscarriage of justice. The second phase of the trial for genocide, forced labor and political purges is expected to being 17 October 2014. (For more information on this topic, please click here) (The Guardian, Phnom Penh Post).
ICC Judges reject Kenyatta request to skip status conference: ICC judges have rejected Kenyan President Uhuru Kenyatta’s request to miss the Court’s status conference because of conflicts. The ICC considered the status conference a “critical juncture” in the proceedings and requires the accused to be present. Kenyatta’s defense requested the status conference be rescheduled. (For more information on this topic, please click here) (All Africa).