International Criminal Court (ICC)

    Burundi: "Impunity for serious crimes remains the norm"
    19.01.18
    Human Rights Watch

    The Burundi government continued its repression of real and perceived political opponents in 2017, according to the annual report of Human Rights Watch published on January 18. This included murder, forced disappearance, torture and arbitrary arrest. In its determination to continue suppressing the population without the outside world's gaze, the regime of Pierre Nkurunziza has also declared all foreign investigators persona non grata.  The political and human rights crisis that began in Burundi in April 2015, when President Pierre Nkurunziza announced that he would run for a...

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    Will Guinea hold trial this year for 2009 stadium massacre?
    18.01.18
    Aïssatou Barry in Conakry

      In Guinea, investigations into the September 2009 massacre in Conakry have finally closed, seven years after the event. Announcing this on December 29, 2017, Guinean Justice Minister Cheik Sacko said the suspects have been referred for trial. On September 28, 2009 the military junta in power at the time brutally crushed a peaceful opposition protest, killing 156 people and raping more than 100 women, according to UN figures. The end of the judicial investigation seems to pave the way for a trial. A steering committee has been set up to prepare the first stages of the trial, although no...

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    Week in Review: African dictators cling to power, as Tunisia protests austerity again
    14.01.18
    François Sergent, JusticeInfo.Net

    On JusticeInfo.net, French jurist Didier Niewiadowski looks at what he calls “exception for insecurity”, a pretext used by African dictators to postpone elections indefinitely. The best example, he writes, is Joseph Kabila in the Democratic Republic of Congo who, according to Niewiadowski, is “using the exception for insecurity with cynicism and provocation”. “His mandate expired definitively on December 19, 2016,” the writer explains, “but despite mediation by the National Episcopal Conference of Congo and the accords of December 31, 2016, the presidential election did not take place in...

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    ICC investigations in Burundi “will be difficult but not impossible”
    11.01.18
    Emmanuel Sehene Ruvugiro in Kigali

    Burundi’s withdrawal from the International Criminal Court (ICC) became effective in October 2017, after the Court had finished its preliminary examination on crimes committed since April 2015 in that country. But Burundi’s withdrawal does not put an end to the ICC investigations.  According to Stella Ndirangu, a Kenyan human rights lawyer working with the International Commission of Jurists, the challenge now is how the Court in The Hague will conduct investigations, since Bujumbura has clearly stated that it will not cooperate. She says the task will be difficult but not...

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    Week in Review: DRC, Ethiopia and crime of aggression,
    16.12.17
    François Sergent and Julia Crawford, JusticeInfo

    In the Democratic Republic of Congo, a military court sitting in the little town of Kavumu struck a historic blow for transitional justice in a place where sexual violence and powerful people generally go unpunished. The week also saw an important verdict for Ethiopia and a move to give the International Criminal Court jurisdiction over “aggression”.   “It was a historic verdict pronounced on Wednesday December 13 by a military court in South Kivu, eastern DR Congo, in the trial of some 20 members of the Army of Jesus militia (Jeshi la Yesu in Swahili) accused of rape and murder,” writes...

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    Week in Review: ICC debates “crime of aggression” as Yemen suffers and Croatia denies
    09.12.17
    François Sergent, JusticeInfo.net

    The International Criminal Court’s annual meeting of 123 member countries started this week at the United Nations in New York. This year’s Assembly of States Parties (ASP) is discussing, among other things, whether the "crime of aggression" will be added to the ICC’s jurisdiction alongside war crimes, crimes against humanity and genocide. This debate is not just academic and legal. The "crime of aggression" -- i.e. one country aggressing another -- divides both ICC member and non-member States, because it could mean the indictment of State leaders in cases like Russia’s war in Georgia...

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    Children’s drawings as evidence of war crimes
    01.12.17
    Stéphanie Maupas, correspondent in The Hague

    “Deflagrations: Children’s drawings and adult wars”, a book published by Anamosa, recounts war in 150 children’s drawings. The book is accompanied by an exhibition until December 16 at the André Malraux médiathèque in Strasbourg. This is a beautiful book which appeals for peace. Colourless corpses, huts on fire, columns of refugees, bombing, fear and sadness. The 150 drawings put together by Zérane Girardeau tell of war through children’s eyes. The book “ Déflagrations, dessins d’enfants, guerre d’adultes”, published by Anamosa, reproduces a century of children’s drawings during war, the...

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    UN countries must press Sri Lanka on justice, say NGOs
    15.11.17
    Julia Crawford, JusticeInfo.Net

    International jurists of the Sri Lanka Monitoring and Accountability Panel (MAP)  say Sri Lanka’s government has made no credible progress on its transitional justice commitments, and are urging the international community to get tough. This comes as Human Rights Watch also called Wednesday for countries at the UN Human Rights Council to press Sri Lanka on time-bound reforms ensuring justice for serious crimes committed during the civil war that ended in 2009. The war, which pitted majority Buddhist Sinhalese of the south against minority Hindu Tamils of the north and east, left at least...

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    Week in Review: ICC says no to Burundi impunity, DRC starts historic rape trial
    12.11.17
    François Sergent, JusticeInfo.Net

    The International Criminal Court’s decision to investigate crimes committed in Burundi, announced on Thursday, was the highlight of this transitional justice week.  This ICC decision came just two days before Burundi’s withdrawal from the Court became effective on October 27. It is the first country to pull out of the ICC. The ICC Prosecutor had opened a preliminary examination into crimes committed in Burundi before Bujumbura announced it was leaving the Rome Statute. “By quitting membership of the Court, Bujumbura thought it would secure impunity,” writes our ICC correspondent Stéphanie...

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    ICC targets Burundi regime crimes
    10.11.17
    Stéphanie Maupas, correspondent in The Hague

    The International Criminal Court (ICC) has approved a full investigation into serious crimes committed in Burundi since April 2015, it announced on Thursday. This investigation will look into suspected crimes against humanity committed by the Burundian regime. The decision was taken on October 25, just two days before Burundi’s official withdrawal from the ICC. By quitting membership of the Court, Bujumbura thought it would secure impunity. The Court has said otherwise. Those in power in Bujumbura have now got a long-awaited answer from the ICC, which says the perpetrators of crimes against...

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    Week in Review: Afghanistan and the ICC, step back for transitional justice in Tunisia
    04.11.17
    François Sergent, JusticeInfo.net

    This week has reflected the different faces of transitional justice as it hesitates, moves forward and sometimes moves back.   The Prosecutor of the International Criminal Court (ICC) announced on Friday that she will request Court approval to launch investigations into crimes committed in Afghanistan since 2003. Fatou Bensouda is targeting the Taliban and Afghan security forces and – in what is clearly the most politically sensitive part of the case -- CIA secret prisons and the US army. The US, which is not an ICC member State, has, like its Afghan allies, done everything to stop this...

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    ICC Prosecutor targets Taliban and US crimes in Afghanistan
    04.11.17
    Stéphanie Maupas, correspondent in The Hague

    International Criminal Court Prosecutor Fatou Bensouda is about to ask Court permission to investigate crimes committed in Afghanistan and secret CIA prisons in Europe, she announced on November 3. “In due course, I will file my request for judicial authorisation to open an investigation, submitting that there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan,” says a statement from Bensouda. It took just four days for ICC President Silvia Fernandez de Gurmendi to designate the three judges...

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    Burundi and ICC: Chronicle of a divorce foretold
    30.10.17
    Louis-Marie Nindorera (Bujumbura)

     Burundi's withdrawal from the Rome Statute of the International Criminal Court (ICC) entered into force on October 27, 2017. It is the final act of a divorce proceeding that began well before it was formally notified to the UN Secretary-General, twelve months ago. Indeed, the circumstances under which in 2004, Burundi ratified the Rome statute had already the appearance of a marriage of convenience doomed to fail, at the first couple quarrel. Be that as it may, by becoming the first state to exit the ICC, Burundi is also opening the blank page of this Court's jurisprudence on the effects...

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    Week in Review: CAR's challenges, a trial for Ethiopia, and Burundi withdraws from the ICC
    29.10.17
    François Sergent, JusticeInfo.net

    A highlight of this week in transitional justice was the visit of UN Secretary General Antonio Guterres to the Central African Republic (CAR).  In this fragile state ravaged by war, Guterres spoke up for the rule of law, the UN mission in the CAR (MINUSCA) and for justice rather than impunity. He had trouble convincing his Central African audience, which doubts MINUSCA’s impartiality and sees it as being on the side of CAR President Ange-Félix Touadera. The CAR is a country which “a group of criminals is trying to descend into Hell”, the UN Secretary General said on Thursday as he visited...

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    Burundi becomes first nation to leave ICC
    27.10.17
    AFP

    Burundi on Friday became the first ever nation to leave the International Criminal Court, set up some 15 years ago to prosecute those behind the world's worst atrocities. "Burundi's withdrawal from the Rome Statute will take effect on Friday, 27 October 2017," an ICC spokesperson told AFP. The move comes a year to the day after Bujumbura officially notified the United Nations that it was quitting the world's only permanent war crimes tribunal. Burundi on Friday hailed it as a "historic" day and called on people to demonstrate across the country on Saturday in celebration. "The ICC...

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    Week in Review: “Historic” judgment for Liberia and the ICC under more fire
    21.10.17
    François Sergent and Julia Crawford, JusticeInfo.net

    This week saw transitional justice faced once again with classic tensions between law and politics, justice and peace. As the ICC, supposed to be the “police force” of international justice, came under more fire, a US court delivered an important judgment linked to war crimes in Liberia, a country in the midst of elections where impunity still rules for the crimes of the civil war.  A court in Philadelphia on Wednesday found Mohammed Jabbateh (“Jungle Jabbah”) guilty of charges related to atrocities committed during the first Liberian civil war (1989-96). He is expected to be sentenced in coming months and could face up to 30 years in jail. In order to prove that Jabbateh entered the...

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    ICC scandal: Who is watching the sheriff?
    18.10.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    A consortium of media known as the European Investigative Collaboration (EIC), of which French investigative website Mediapart is a member, has revealed certain facts that are embarrassing to the International Criminal Court (ICC). The Court has opened an internal investigation and suspended two members of staff, but the scandal focuses on former ICC Prosecutor Luis Moreno Ocampo. Apart from the questions about individual responsibility, the main issue raised by these revelations is ICC governance. Indeed, how should the ICC Prosecutor, the Court’s “sheriff”, be watched over? When Luis...

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    Is judicial wrangling fuelling Kenya's election turmoil?
    18.10.17
    Aileen Kimutai, Nairobi

    Kenya's annulled presidential elections have thrown the country into the worst political crisis since the 2008 post-election violence which saw over 1,000 people killed and hundreds of thousands displaced. Tension is high as the scheduled October 26 re-run approaches. "Kenya has had a very tough year so far and the going looks as if it will get tougher," says Robert Shaw, a public policy and economic analyst in Nairobi. "The country is dangerously polarized and fatigued, which is a lethal cocktail. There is an increasing number of antagonistic and inflammatory comments by some leaders that...

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    Week in Review: Scandal at the ICC, questions on Burundi and Mali
    08.10.17
    Ephrem Rugiririza, JusticeInfo.Net

    The International Criminal Court is rocked by a huge scandal implicating its first Prosecutor, Luis Moreno Ocampo, while the Central African Republic pursues its difficult quest for justice and the suffering continues of Burundi’s people, being used as a rampart by a regime that sees threats everywhere. Eight international media, members of the European Investigative Collaboration (EIC), have conducted a six-month investigation into the secrets of the International Criminal Court (ICC) which makes serious allegations against its first Prosecutor, Luis Moreno Ocampo. As JusticeInfo editorial...

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    Scandal rocks International Criminal Court
    08.10.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    An enormous scandal has hit the International Criminal Court (ICC). After six months of investigations, eight international media of the European Investigative Collaboration (EIC) have produced findings that seriously undermine the ICC’s credibility and image of impartiality. They examined 40,000 confidential documents – diplomatic cables, banking documents and correspondence – obtained by French investigate website Mediapart. These documents throw for the first time a raw light on the political games of States around international justice and the dubious morality of Luis Moreno Ocampo, who...

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