International Criminal Court (ICC)

    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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    “Embattled Burundi government using impoverished people as a rampart”
    04.10.17
    JusticeInfo.net

    In Burundi, repression has been directed at all democrats in the country since 2015, even if there has been some ethnic targeting, according to French sociologist and African Great Lakes specialist André Guichaoua. He says the core hardliners of embattled President Nkurunziza’s government are still trying to use the country’s “impoverished and pressurized population” as a rampart against perceived foreign threats. JusticeInfo spoke to André Guichaoua:   JusticeInfo: What is your assessment of the current human rights situation in Burundi? Is there still a risk of genocide as some observers...

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    Week in Review: When failure to tackle impunity hinders peace
    24.09.17
    François Sergent, JusticeInfo.Net

    The exodus and massacre of Rohingyas, a mainly Muslim ethnic minority in Myanmar, marked the week in transitional justice. French President Emmanuel Macron said this was “genocide”, while the UN Secretary General called it ethnic cleansing. But according to Myanmar’s de facto leader, Nobel peace laureate Aung San Suu Kyi, this is a “huge iceberg of misinformation”. Everything indicates, however, that some 400,000 Rohingyas, i.e. nearly half of this community living in Myanmar’s western state of Rakhine or Arakan, have fled their country pursued by the army, and that hundreds have been shot...

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    Week in Review: A victory for rule of law in Africa?
    03.09.17
    François Sergent, JusticeInfo.net

    The highlight of  the week was undoubtedly Friday’s decision by the Supreme Court of Kenya to invalidate the August 8 presidential election, a first in Africa. Kenya’s media hailed the decision which, as said by daily newspaper The Star, "will reverberate for years to come in Kenya and around the continent". This is all the more so since President-elect Uhuru Kenyatta has accepted the decision, even if he launched a sharp verbal attack on the Court.   Representatives of opposition parties in Africa have also hailed the decision, including in Zimbabwe, Guinea and Mali. “The decision of the...

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    ICC should give victims free choice of lawyers, says Human Rights Watch
    28.08.17
    Stéphanie Maupas, correspondent in The Hague

    In a new report, Human Rights Watch argues that victims should have free choice of lawyer to represent them at the International Criminal Court (ICC). The report, published on August 29, is entitled "Who will stand for us? Victims' legal representatives at the ICC in the Ongwen case and beyond".  “Over time, the court has tended to give less weight to the views of victims when it comes to decisions about who will represent them before the ICC,“ says Human Rights Watch. In its report published on August 29, the human rights organization urges the judges and Registry to harmonize together the...

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    Week in Review: Focus on reparations
    21.08.17
    François Sergent (JusticeInfo.net)

    The week in transitional justice was marked by the International Criminal Court’s decision on reparations to be paid following the 2012 destruction of mausoleums in Timbuktu, Mali.  The sum awarded ( 2.7 million Euros) is symbolic and the convict Ahmed Al Mahdi is indigent. But the International Criminal Court (ICC) intends to stress through this decision how serious is destruction of cultural and religious monuments, for victims and for the whole international community. During his trial a year ago, Al Mahdi was found guilty of supervising attacks on nine mausoleums in the “city of 333...

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    Malian Jihadist ordered to pay 2.7 million Euros in reparations to Timbuktu victims
    18.08.17
    Stéphanie Maupas, correspondent in The Hague

    Judges of the International Criminal Court (ICC) handed down on Thursday August 17 their reparations order for the victims of Ahmed Al Mahdi. Al Mahdi, who has been convicted by the Court, pleaded guilty to war crimes for the destruction of nine mausoleums and the main gate of the Sidi Yahia mosque in Timbuktu during the occupation of northern Mali in 2012 by Jihadists of Al Qaeda in the Islamic Maghreb (AQMI) and Ansar Eddine.  As well as telling of the crimes committed in Timbuktu in 2012, Al-Mahdi’s case before the ICC was especially about punishing those who destroy cultural heritage. ...

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    ICC issues arrest warrant for Libyan strongman ally
    16.08.17
    Stéphanie Maupas, correspondent in The Hague

    On Tuesday August 15, the International Criminal Court (ICC) issued a new arrest warrant for crimes committed in Libya. Mahmoud al- Werfalli, an ally of Libyan strongman General Khalifa Haftar, is suspected of war crimes for murders committed in 2016 and 2017 in Benghazi region, northeast Libya. The alleged crimes were committed between 2016 and July 2017. Al-Werfalli is said to have murdered and ordered the murders of 33 prisoners who were civilians and disarmed combatants. ICC Prosecutor Fatou Bensouda deemed that he should be brought to justice for “his direct participation in seven...

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    South Africa and al-Bashir: pragmatism at the ICC
    13.08.17
    Matt Killingsworth, University of Tasmania

      Sudanese President Omar al-Bashir returned to Khartoum, after evading possible arrest in South Africa in 2015. EPA/Marwan Ali   The International Criminal Court (ICC) has finally handed down it’s highly anticipated judgment on South Africa’s failure to arrest Sudanese President Omar Al-Bashir. In a somewhat surprising decision, the court’s pre-trial chamber ruled that South Africa had failed to comply with its obligations as a signatory to the Rome Statute. But ICC judges stopped short of taking tougher action, choosing not to refer South Africa to either the Assembly of State Parties or the United Nations Security Council. Some have argued that the decision “may do the ICC more...

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    Palestinian civil society urges the ICC to act
    24.07.17
    Stéphanie Maupas, correspondent in The Hague

    Lawyers representing 448 named victims and 42 Palestinian civil society organizations have presented to International Criminal Court Prosecutor Fatou Bensouda a thick file of complaints against Israeli settlement, its blockade of Gaza and the war of summer 2014. They are urging the Prosecutor to speed up proceedings and asking her to open an investigation.  “This is the first time the people have turned to the Court,” said French lawyer Gilles Devers as he emerged from the International Criminal Court (ICC) on July 19 after filing the complaint  on behalf of Palestinian victims and civil...

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    Week in Review: International Justice becomes reality, despite the challenges
    23.07.17
    Ephrem Rugiririza, JusticeInfo.Net

    The week just ended began with an anniversary: International Justice Day. Despite criticism  -- both founded and unfounded – and numerous challenges still to be met, international criminal justice will go down in the history of Humanity as one of the most notable revolutions of the last century. This week’s hearings, decisions and legal challenges are testimony to this. For example, former Ivorian President Laurent Gbagbo appeared Wednesday before the International Criminal Court (ICC) to hear a decision on his request for conditional release from prison. The ICC Appeals Chamber judges...

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    ICC judges ordered to review freeing I.Coast ex-leader Gbagbo
    19.07.17
    AFP

    Judges must review whether to release the ageing former Ivory Coast leader Laurent Gbagbo for the rest of his crimes against humanity trial, an appeals court ruled Wednesday. Gbagbo, the first ex-head of state to be tried by the International Criminal Court, won his appeal against a March decision which ordered him to be held in a UN detention centre until the end of the legal process. Five appeals court judges found the trial judges had "erred" on several points by refusing the 72-year-old an interim release, including failing to consider his age and state of health. The trial chamber...

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    Week in Review: justice versus peace 
    17.07.17
    Ephrem Rugiririza, JusticeInfo.Net

    As the world celebrates International Justice Day this July 17, the peace versus justice debate continues in Uganda, the Central African Republic, Democratic Republic of Congo, Mali and many other countries. On the one hand is the legitimate desire for justice of victims, often scarred forever in their bodies and minds by the crimes inflicted on them. On the other hand  is the necessity for governments to rebuild torn and divided societies. JusticeInfo this week looked again at this ongoing dilemma. The most emblematic case in Africa is Uganda and the terrible Lord’s Resistance Army (LRA),...

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    International Justice Day: From dreams to challenges
    14.07.17
    Pierre Hazan, JusticeInfo editorial advisor and associate professor at Neuchâtel University

    In the 19th century international justice, which is being celebrated this July 17 (The Statute of the International Criminal Court was adopted in Rome on July 17, 1998), was a utopian dream. But at the end of the 20th century it became a reality, first with the conflicts in former Yugoslavia and genocide in Rwanda, then with the launch in 2002 of the International Criminal Court. But this passage from dream to reality has been a shock, which we are only just starting to evaluate.   Societies’ thirst for justice cannot be extinguished. In Syria, the Democratic Republic of Congo and dozens of...

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    Uganda’s amnesty law and the peace/justice dilemma
    10.07.17
    Pierre Hazan, JusticeInfo editorial advisor and associate professor at Neuchâtel University

    A new amnesty law for Lord’s Resistance Army (LRA) fighters has been before the Ugandan parliament has since 2015. It would put an end to the existing ambiguity between the general amnesty law of 2000, which is currently in force, and Uganda’s International Crimes Chamber. But the debate has not yet been settled: is it better to amnesty the perpetrators of terrible crimes in the name of peace, or prosecute them under criminal law in the hope of advancing reconciliation? This is a deep dilemma. Since 1986, the LRA has kidnapped tens of thousands of boys and girls. It has turned them into...

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    Week in Review: Impunity in Mexico, disappointment in Georgia
    10.07.17
    François Sergent, JusticeInfo.net

    Transitional justice can take different forms. This week several international and national NGOs called in The Hague for the International Criminal Court (ICC) to investigate crimes in Mexico. They accuse State authorities of “colluding” with drug cartels to commit murder, torture and enforced disappearances, especially in the northern state of Coahuila between 2009 and 2016. Organized crime, they say has become crimes against humanity and therefore falls within the ICC’s jurisdiction. The Mexico situation has been on the ICC Prosecutor’s desk for a while. It is one of the secret preliminary...

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    ICC blames South Africa and UN for failure to arrest Sudanese President
    07.07.17
    Stéphanie Maupas, correspondent in The Hague

    Judges of the International Criminal Court (ICC) have deemed that South Africa flouted its duties to the Court when it failed to arrest Sudanese President Omar Al Bashir. But the judges also blamed the UN Security Council for inaction on Bashir, who has still not been arrested despite two ICC arrest warrants issued against him in 2009 and 2010. They also confirmed that there is no immunity for Heads of State who are wanted by the Court, an issue which is at the heart of its standoff with the African Union. Not surprisingly, ICC judges on July 6 ruled that South Africa failed in its...

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