Frontpage

    In Myanmar, "transition has to be built on the voices of the people"
    23.02.17
    Arnaud Dubus

    From 2009 to 2015, Matthew Mullen, a lecturer at the Institute of Human Rights and Peace Studies of Mahidol University, in Thailand, tracked the diverse and complex pathways through which political change came to Myanmar. Instead of focusing only on the well-known picture of a highly vocal opposition movement confronting an entrenched military regime, he paid attention to more discreet endeavors which were going on in the local communities, where a myriad of small organizations and individuals were working for change, not in a directly confrontational way, but through a wide array of...

    Read more
    Challenges of the new Special Court for the CAR
    21.02.17
    Pierre Hazan, JusticeInfo editorial adviser and associate professor at the University of Neuchâtel

    A Special Criminal Court to deal with war crimes in the Central African Republic (CAR) is now being set up. On February 14, President Faustin-Archange Touadéra appointed as Prosecutor of this Special Court Toussaint Muntazini Mukimapa, a military prosecutor in the Democratic Republic of Congo. In the coming weeks, national and international judges for the court are also expected to be appointed, and will then need to get down to work to make operational this semi-international tribunal, whose  mandate is to try suspected perpetrators of the most serious crimes committed in the CAR since...

    Read more
    Week in Review: CAR and Gambia take positive steps on justice
    20.02.17
    François Sergent, JusticeInfo.net

    This week Africa and Africans showed that transitional justice, so often criticized on that continent, can complement national justice.  The Central African Republic (CAR) finally appointed a Prosecutor for its future Special Criminal Court, a mixed tribunal to be composed of national and international judges. This is the first step in a long transitional justice process, in a country divided and ravaged by conflict. CAR’s President Touadéra has appointed a Congolese jurist and military man, Toussaint Muntazini Mukimapa (also author of an article by JusticeInfo.net on complementarity...

    Read more
    Central African Special Court gets Congolese Prosecutor
    17.02.17
    Ephrem Rugiririza, JusticeInfo.Net

    On February 14, Central African Republic (CAR) president Faustin-Archange Touadéra signed a decree appointing the Prosecutor of the country’s Special Criminal Court (SCC). The appointment of jurist and military man Colonel Toussaint Muntazini Mukimapa, a military prosecutor in the Democratic Republic of Congo (DRC), is an important step towards the setting up of the SCC, which has a mandate to try suspected perpetrators of serious human rights violations committed in the CAR since 2003. But the Prosecutor’s task will be difficult in a country where more than half the territory is still in...

    Read more
     
    Preparing for the next peace conference in Myanmar
    16.02.17
    HEIN KO SOE & OLIVER SLOW FRONTIER

    Plans are underway to hold the next Union Peace Conference at the end of this month, but the government and non-signatories of a 2015 peace agreement cannot agree how to tackle the thorny issue of how to bring peace to Myanmar. February 12 marks 70 years since independence hero Bogyoke Aung San met with Shan, Kachin and Chin leaders in the Shan State town of Panglong and signed an agreement that would grant their territories full autonomy within 10 years. But the pact was never fulfilled. Shortly after achieving independence in January 1948, the country plunged into a decades-long...

    Read more
    After 15 years, ICC States still debating crime of aggression
    15.02.17
    Stéphanie Maupas, correspondent in The Hague

    In 2017, member States of the International Criminal Court (ICC) are supposed to promulgate the Kampala amendments to the Court’s Statute, giving the ICC a green light to prosecute those most responsible for crimes of “aggression”.  But what seemed to be a formality now looks again like a subject of debate.  France and the UK in particular are playing for time. The issue will not be raised at the ICC Assembly of States Parties in December this year, and jurists fear that it will be postponed indefinitely. This is a crime concerning leaders, their ministers and army chiefs. On paper, the ICC...

    Read more
    Can the African Union save South Sudan?
    10.02.17
    Julia Crawford, JusticeInfo

    Two years after independence in 2011, South Sudan descended into a war which continues to rage, with analysts fearing a possible genocide. In January alone, more than 52,000 South Sudanese fled to Uganda as continued fighting risks creating a situation of mass atrocities, the UN's special adviser on genocide prevention Adama Dieng said this week. In a recent article in the New York Times, Mahmood Mamdani, Professor of government at Columbia University (US) and director of the Makerere Institute of Social Research in Kampala (Uganda) put forward a radical proposal. Saying South Sudan is “a...

    Read more
    New challenges for transitional justice on the path to peace
    10.02.17
    Pierre Hazan

    “The times are they are a-changing”, Bob Dylan used to sing. The winner of the 2016 Nobel prize for literature was surely not thinking about transitional justice when he wrote those lines back in the 1960s. Yet times are also changing for transitional justice, which has become a key component of peace accords. But with new objectives come new challenges, and they are considerable. Transitional justice was developed during the late 1980sand the following decade in the wave of optimism that followed the end of the Cold War. Defence budgets were falling, political and economic liberalism...

    Read more
     
    Spanish court receives complaint for “State terrorism” in Syria
    09.02.17
    François Musseau, correspondent in Madrid

    French and German judicial authorities have recently been seized of cases against the Bashar Al Assad regime in Syria, which was again denounced this week for allegedly hanging thousands of opponents. But the National Audience in Madrid, Spain’s highest court with jurisdiction in matters of international law and terrorism, is ahead of the game. Prosecutor Javier Zaragoza has recently received a criminal complaint from a woman with dual Spanish and Syrian nationality. In 2014, the Spanish government restricted the country’s ability to act on “universal jurisdiction”, in which Spain had led...

    Read more
    Gambia: Will justice one day catch up with Yahya Jammeh?
    06.02.17
    Maxime DOMEGNI, regional correspondent

    It was under threat of a military intervention by the Economic Community of West African States (ECOWAS) that Yahya Jammeh, President of Gambia for 22 years, finally decided to cede power to the winner of the December 1, 2016 election. Jammeh, who is now in Equatorial Guinea, is counting on the protection of his host country to avoid accountability for the many crimes and human rights abuses committed under his regime. As he went into exile on the night of Saturday January 21, Yahya Jammeh left behind him a wounded nation whose scars will take time to heal. Under the regime of the man who...

    Read more
    Week in Review: Africa and the International Criminal Court, Tunisia and  Myanmar
    06.02.17
    François Sergent, JusticeInfo

    Once again this week, Africa and its relations with the International Criminal Court were in the spotlight.  During the African Union summit this week, AU leaders recommended a mass withdrawal of African States from the International Criminal Court. But this declaration, coming after announcements by South Africa, The Gambia and Burundi that they are withdrawing from the Court, hides deep divisions within the AU, explains a Human Rights Watch analyst. Important countries like Senegal and Nigeria reiterated their support for the ICC, along with Cape Verde, Zambia, Tunisia and Malawi. New...

    Read more
    Muslim lawyer's murder an "attack on rule of law and justice in Myanmar"
    01.02.17
    KYAW PHONE KYAW, HEIN KO SOE & HTUN KHAING | FRONTIER

    U KO NI will be remembered for having made a major contribution to Myanmar’s transition towards genuine democracy, friends, family and colleagues told Frontier in the wake of his tragic death. He was shot dead while waiting outside the terminal of Yangon International Airport on January 29, after returning from Indonesia. He was 63. One of the most important acts of his long legal and political career came early last year, when he played a decisive role in establishing the State Counsellor position for Daw Aung San Suu Kyi, according to U Win Htein, a senior member of the National...

    Read more
     
    Congo : The Challenges of the First Implementation of the ICC's Reparations Mandate
    31.01.17
    Kirsten J. Fisher, Ph.D.

    On 14 March 2012, Thomas Lubanga Dyilo (Lubanga) was found guilty before the International Criminal Court (ICC) for the war crime of conscripting or enlisting children under the age of 15, and using them to participate actively in hostilities in the Democratic Republic of Congo (DRC). This was the first conviction for the ICC and an important step in the international condemnation of the use of child soldiers. With this conviction came a sentence of 14 years in prison for Lubanga and the hope of justice for his victims – children as young as 11 who were forced to fight and die,...

    Read more
    French arrest of former Kosovo PM is a “test for Europe”
    30.01.17
    Franck Petit, JusticeInfo.net

    The name of Ramush Haradinaj is again on the lips of European diplomats. This former nightclub bouncer was head of the Kosovo Liberation Army (KLA) during the war with Serbia in 1998. Emerging victorious from the war, he was seen as a hero of the resistance and an ally of the international community that wanted a stable Kosovo. He was also tried and twice acquitted by the International Criminal Tribunal for the former Yugoslavia (ICTY). But on January 4, 2017, he was arrested at Bâle-Mulhouse airport in France, on the basis of an arrest warrant from Serbia, which wants him extradited. Europe...

    Read more
    Central African suspects of international crimes in “position of power”
    29.01.17
    Ephrem Rugiririza, JusticeInfo.Net

    In a January 11 report on the Central African Republic (CAR), Amnesty International says several people suspected of international crimes are still circulating freely. According to the report entitled The long wait for justice: Accountability in Central African Republic,  attempts to bring these suspects to account have been thwarted by lack of resources on the part of the CAR authorities and the United Nations mission in the country (MINUSCA). JusticeInfo talked to Balkissa Ide Siddo, Central Africa Researcher at Amnesty International.  Your organization talks in the report of people...

    Read more
    Arrest of Gambian ex-minister in Switzerland an “important sign” for torture victims
    26.01.17
    Julia Crawford, JusticeInfo

    Just days after long-time Gambian President Yahya Jammeh went into exile following electoral defeat and the threat of regional military intervention, his former Interior Minister Ousman Sonko has been arrested in Switzerland. This comes after Geneva-based NGO TRIAL International filed a criminal complaint to the authorities in Berne, where Sanko had applied for asylum. Sonko was Interior Minister from 2006 until he was dismissed by Jammeh in September 2016. So what are the allegations against him? JusticeInfo spoke to Bénédict De Moerloose, head of the Criminal Law and Investigation division...

    Read more
     
    Gao attack highlights fragility of Mali peace process
    23.01.17
    Ephrem Rugiririza, with Mamadou Ben Chérif Diabaté and Studio Tamani in Bamako

    The target of January 18’s terrorist attack in Gao, northern Mali, was highly symbolic: a camp housing members of the Malian armed forces and various armed groups who used to fight each other. The attack left dozens dead in this pilot camp where former enemies were learning to live and work together to implement the Algiers peace accord. It is a tough blow for Mali’s already fragile peace process. According to the UN, application of the agreement signed 18 months ago is complicated by the lack of trust that persists between the parties. Some 60 people were killed in the attack, according to...

    Read more
    Act on CAR Special Court to halt “staggering impunity”, say rights groups
    20.01.17
    Ephrem Rugiririza, JusticeInfo.Net

    Nearly a year after elected institutions were installed in the Central African Republic (CAR), armed groups continue to sow death in the country, despite relative stabilization of the capital, Bangui. Seleka and Antibalaka militia, no doubt encouraged by the total impunity they have so far enjoyed, do not seem ready to put down their weapons. In two separate reports, Amnesty International and Human Rights Watch call for the rapid setting up of the Special Criminal Court provided for in a law of 2015.  “Sectarian violence and attacks on civilians continued in central and western regions of...

    Read more
    Spanish justice catches up with Guatemalan ex-minister
    18.01.17
    François Musseau, correspondent in Madrid

    Former Guatemalan Interior Minister Carlos Roberto Vielmann, 60, has gone on trial in Spain for the assassination of eight detainees in 2006. The trial before Spain’s highest court for cases of terrorism, genocide and crimes against humanity is expected to last two months. Vielmann could face a sentence of 160 years’ imprisonment (20 for each assassination) and payment of 300,000 Euros compensation to victims’ relatives. Vielmann obtained Spanish citizenship in 2010 and has dual nationality. Since the beginning of the trial, he has denied the allegations against him.  “I have nothing to do...

    Read more
    Turkey jails a UN judge
    18.01.17
    Stéphanie Maupas, correspondent in The Hague

    For four months, the Mechanism for International Criminal Tribunals (MICT) has been trying to obtain the release of one of its judges, Judge Aydin Sefa Akay, who was  detained in Turkish government purges. The judge, who was appointed by the UN, has diplomatic immunity. Turkish authorities were summoned to The Hague for a hearing on January 17 but failed to attend. It was with apparent indifference that Ankara met the summons of the MICT, the UN body charged with handling residual matters of the ad hoc tribunals for former Yugoslavia and Rwanda. The Turkish authorities, who had been...

    Read more