International Criminal Court (ICC)

    Week in Review: Focus on victims at the International Criminal Court
    27.03.17
    François Sergent (JusticeInfo.net)

    Reparations are one of the four pillars of transitional justice (along with truth, justice and the guarantee of non-repetition), and this week the International Criminal Court (ICC) ordered for the first time that some small individual compensation be given to victims in the Democratic Republic of Congo (DRC). ICC judges decided that 297 direct victims of a 2003 massacre in a Congolese village should each get a “symbolic” 250 dollars. The judges also decided that convicted Congolese militiaman Germain Katanga, who was sentenced in 2014 to 12 years in jail for complicity in war crimes and...

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    ICC grants first individual reparations to victims
    24.03.17
    Stéphanie Maupas, correspondent in The Hague

    The International Criminal Court (ICC) decided on March 24 that victims of crimes committed by convicted Congolese  militiaman Germain Katanga will get both individual and collective reparations. This is the first time that the Court has awarded individual reparations. The 297 direct victims of Germain Katanga’s crimes will each receive just over 230 Euros. “This symbolic amount does not aim to compensate all the harm done,” said Judge Marc Perrin de Brichambaut during the March 24 hearing, but will provide some “relief” to the victims. They should also benefit from collective reparations...

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    Justice for victims at heart of ICC credibility, says Open Society
    23.03.17
    Stéphanie Maupas, correspondent in The Hague

    The International Criminal Court (ICC) is to decide on March 24 what reparations to grant victims of former Congolese militiaman Germain Katanga, whom it sentenced in 2014 to 12 years in jail for crimes against humanity. To date, the Court has handed down only one incomplete decision on reparations for victims in the case of another Congolese, Thomas Lubanga. Mariana Pena, legal advisor to the Open Society in The Hague, talked to JusticeInfo.net about the role of victims at the ICC. Mariana Pena, legal adviser to Open Society    JusticeInfo.net: How do you assess victim participation in...

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    ICC jails ex-Congo VP for bribing witnesses
    22.03.17
    AFP

    Judges on Wednesday sentenced former Congolese vice president Jean-Pierre Bemba to a year in jail and fined him 300,000 euros for bribing witnesses during his war crimes trial in an unprecedented case before the International Criminal Court. "The chamber imposes on you an additional 12 months, one year, imprisonment," presiding judge Bertram Schmitt told Bemba, adding a "substantial fine" was necessary "to discourage this kind of behaviour". Prosecutors had asked for eight years for Bemba, who is already serving 18 years after being convicted of war crimes by his marauding troops, who...

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    ICC poised to make first awards to war crimes' victims
    22.03.17
    AFP

    Judges at the International Criminal Court may Friday award the tribunal's first monetary sums to victims of war crimes, with lawyers estimating some $16.4 million in damages were caused by a 2003 attack on a Congolese village. Friday's order for reparations for 304 victims of former Congolese warlord Germain Katanga is set to be a landmark step for the world's only permanent war crimes court. "Reparations should place the victim in a situation as close as possible to that before the crime was committed," Fidel Nsita Luvengika, the legal representative for victims, argued in a 2016...

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    ICC : Namibia demands $30 bln for German genocide of Herero people
    17.03.17
    AFP

    Namibia is to launch a 30-billion-dollar (28-billion-euro) lawsuit against Germany over genocide committed during colonial rule, when tens of thousands of people were killed, according to documents seen by AFP on Friday. The Namibian government has previously avoided demanding financial compensation, but it changed its stance as two indigenous groups filed a class-action suit in New York against Germany. Legal documents provided to AFP and The Namibian newspaper show that the government has engaged lawyers in London to pursue a case of violation of human rights and a "consequent...

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    Week in Review: Three African women in transitional justice
    13.03.17
    François Sergent, JusticeInfo.net

    “When I think – about the world, politics, freedom, literature, and so on – I do not feel like a woman at all,” wrote French philosopher Belinda Cannone. Her reflection is especially good to remember around International Women’s Day. This week we reported on three African women on different sides of justice and reconciliation.  In the Central African Republic (CAR), former Seleka rebel fighter Martine Bangue told Radio Ndeke Luka in Bangui how she had exchanged weapons for a mason’s trowel. Asked why she chose that profession, she replied: “I chose it because I wanted to be autonomous, to...

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    The rise and fall of Ivorian ex-First Lady Simone Gbagbo
    09.03.17
    Ephrem Rugiririza, JusticeInfo.Net

    For many of her admirers, Simone Gbagbo, whose trial resumed in her absence Tuesday before an Abidjan court, remains the “Iron Lady”, even behind bars. But for her detractors, she is the “Bloodstained Lady”. Côte d’Ivoire’s former First Lady was sentenced in 2015 to 20 years in jail for endangering State security and is now on trial again for crimes against humanity. The wife of former president Laurent Gbagbo is undoubtedly one of the leading female figures of contemporary Ivorian history. Although visibly marked by jail, this fervent Evangelist, 67, refuses to give in. Like her husband,...

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    South Africa revokes decision to leave ICC: UN
    08.03.17
    AFP

    South Africa has formally revoked its controversial decision to leave the International Criminal Court following last month's High Court ruling that such a move would be unconstitutional. Notice of Pretoria's decision to end the withdrawal process was posted on the UN's treaty website this week, although it does not necessarily spell the end of its bid to leave the Hague-based court. South Africa had in October announced it would withdraw from the UN court which was set up to try the world's worst crimes following a dispute sparked by its refusal to arrest visiting Sudan President Omar...

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    ICC Prosecutor at a turning point
    07.03.17
    Stéphanie Maupas, correspondent in The Hague

    International Criminal Court (ICC) Prosecutor Fatou Bensouda has been in her post since June 16, 2012, and is now half way through her mandate. In four and a half years she has opened two new cases -- Mali and Georgia -- and issued an arrest warrant against Malian Jihadist Ahmed Al Mahdi for war crimes. Too little action to date, say observers, but she has numerous cases in the pipeline, notably against the Russians, British, Americans and Israelis. People wait impatiently for her expected opening of an Afghanistan case involving torture by US forces. They see it as a test and possibly a...

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    Syria regime, rebels committed war crimes in Aleppo: UN probe
    01.03.17
    AFP

    All Syrian sides that fought in the battle for Aleppo committed war crimes and the deal to evacuate civilians following the rebel defeat was a "crime of forced displacement', a UN probe said Wednesday. The United Nations Commission of Inquiry (COI) for Syria documented violations including chemical attacks and civilian executions perpetrated during the Damascus regime's five-month siege of eastern Aleppo, which had been a key opposition stronghold. From July 21, 2016 to December 22, when government troops recaptured the city, the Syrian air force and its Russian ally "conducted daily air...

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    Week in review: Court blow for South Africa and challenges facing CAR’s Special Court
    27.02.17
    François Sergent, JusticeInfo.net

    The transitional justice week was marked notably by a South African court’s decision that the country’s notification of withdrawal from the International Criminal Court (ICC) was unconstitutional. This is at least a victory for the rule of law.  The decision of the High Court in Pretoria is based on procedure and does not stop the government from going ahead with ICC withdrawal, according to Hugo van der Merwe, Research Director at the Centre for the Study of Violence and Reconciliation (CSVR) in Cape Town, who spoke to JusticeInfo. It nevertheless forces the government to go through...

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    Court ruling against ICC withdrawal an “embarrassment” for South Africa
    24.02.17
    Julia Crawford, JusticeInfo

    This week, the High Court in Pretoria, South Africa, ruled that the government’s notification to the UN last October of its withdrawal from the International Criminal Court (ICC) was unconstitutional. South Africa’s announcement of withdrawal had sparked fears of an “Afrexit” from the ICC, given similar announcements by Burundi and Gambia and strong objections to the International Criminal Court by the African Union. It also followed a spat with the ICC over South Africa’s 2015 failure to arrest Sudanese President Omar Al Bashir, who is under two ICC arrest warrants for genocide and crimes...

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    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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    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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    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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    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 be raised at the ICC Assembly of States Parties in December this year, but jurists fear that some states will try to postpone activation of the crime indefinitely.  This is a crime concerning leaders, their ministers...

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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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    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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