By Regions

    S.African court rules against govt plan to pull out of ICC
    22.02.17
    Susan NJANJI AFP

    A South African court on Wednesday ruled the government's plan to withdraw from the International Criminal Court (ICC) was "unconstitutional and invalid", providing a boost to the embattled Hague-based institution.The ICC has been rocked by threats of withdrawal in recent months, with complaints focusing on its alleged bias against Africa.South Africa announced in October it had lodged its decision to pull out with the United Nations, following a dispute over Sudanese President Omar al-Bashir visiting the country in 2015.South African authorities refused to arrest Bashir despite him facing...

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    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...

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    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...

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    South Sudan: five things to know
    21.02.17
    AFP

    South Sudan, where the government on Monday declared famine in some parts of the country, is mired in an economic crisis due to a devastating civil war.Independent since 2011, the world's newest country was engulfed by civil war in 2013 after President Salva Kiir accused his rival and former deputy Riek Machar of plotting a coup against him.The conflict has left tens of thousands dead and more than three million displaced.Five things to know about the African nation:- Economy in ruins -Oil production -- from which South Sudan gained 98 percent of its revenues on its independence...

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    Lessons from The Gambia to end the impasse in South Sudan
    20.02.17
    The Conversation

    Not for the first time, South Sudan appears on the International Crisis Group watch list of the world’s most volatile conflicts to watch. This is on top of climbing to second on Transparency International’s index of the most corrupt countries. The world’s newest nation is bedevilled by multiple conflicts and faced with major challenges to establish peace and stability. The most recent UN mission report warns of a conflict that’s reached “worrying proportions”. South Sudan is in the fourth year of open conflict sparked in December 2013 by the falling out between President Salva Kiir and...

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    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...

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    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...

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    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...

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    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...

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    Barrow appoints Gambian UN prosecutor as chief justice
    15.02.17
    AFP

    President Adama Barrow appointed a Gambian UN prosecutor as chief justice of the Supreme Court on Wednesday, ending a series of controversial foreign appointments to the position by former leader Yahya Jammeh. Hassan Bubacar Jallow has served in the appeals chamber of the Special Court for Sierra Leone and as a prosecutor of the International Criminal Tribunal for Rwanda in Arusha, Tanzania. Barrow's government had vowed to implement a "Gambianisation" of the justice system after Jammeh named several chief justices from Pakistan and Nigeria. Foreign judges were regularly accused of kowtowing to the regime because their contracts could be easily terminated, and some were hired to hear a...

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    Nepal: the Transitional Justice Commissions and Victims’ Critical Engagement
    16.02.17
    Ram Kumar Bhandari

    Transitional justice has been a stated priority throughout Nepal’s peace process following the end of the ‘People’s War’ in 2006, but it took nearly 10 years before the two truth commissions (Truth and Reconciliation Commission TRC and Commission for Investigation on Enforced Disappeared Persons CIEDP) investigating war-era crimes were established. While these processes have enjoyed nominal support, the Nepali government never prioritized transitional justice in its national agenda, and the Commissions have not been prevented from fulfilling their mandates. The stalled transitional justice process has eroded trust between victims advocacy groups and the two Commissions. While the...

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    Week in Review:Judicial complaint in Spain against Syrian regime sets precedent
    13.02.17
    Ephrem Rugiririza, JusticeInfo.Net

    Is a first trial in Europe against the regime of Syrian President Bashar Al Assad likely? It looks more so after Spanish state prosecutor Javier Zaragoza officially registered a complaint filed by a woman of dual Syrian and Spanish nationality. She accuses members of the Syrian security services of having tortured her brother to death near Damascus. “This is the first time that allegations have been made to a court of `acts of State terrorism` by the current Syrian administration,” writes François Musseau, JusticeInfo’s correspondent in Madrid. Leading prosecution evidence in this...

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    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...

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    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...

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    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...

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    Israel settler law angers world powers but Trump
    03.02.17
    AFP

    Israel faced mounting international criticism Tuesday over a new law allowing the appropriation of private Palestinian land for Jewish settler outposts, but the United States remained notably silent. The United Nations, Britain, France and Israel's neighbour Jordan were among those coming out against the legislation passed in parliament late Monday. "This bill is in contravention of international law and will have far reaching legal consequences for Israel," UN Secretary General Antonio Guterres said in a statement. The law legalises dozens of wildcat outposts and thousands of settler...

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    ICC : Why Withdrawing from the Rome Statute Undermines International Justice for Everyone
    07.02.17
    Adama Dieng, United Nations Special Advisor on the Prevention of Genocide

    July 2017 marks 15 years since the Rome Statute that established the International Criminal Court came into force. Many years of painstaking and protracted regional and international diplomacy preceded its adoption in order to secure consensus on the importance of creating a permanent international criminal court that could try the most serious crimes - genocide, war crimes and crimes against humanity.   The process that led to the coming into force of the Statute in July 2002 was the shortest in the history of treaty ratification processes, signaling not only the commitment of the...

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    Syrian prisons: accusations of torture and executions
    03.02.17
    AFP

    The Syrian regime, accused by Amnesty International of large-scale hangings, had already been criticised for torture and summary executions in its prisons and intelligence services headquarters. Amnesty said on Tuesday as many as 13,000 people were hanged in five years at the notorious Saydnaya military-run prison near Damascus, accusing the regime of a "policy of extermination". Here are some of the accusations that have been made against the government of Syrian President Bashar al-Assad. - 'Torture archipelago' - On July 3, 2012, US-based rights group Human Rights Watch said Syria...

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    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...

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    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...

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