International Criminal Court (ICC)

    Government cynicism and the transitional justice dream in crisis
    21.06.17
    Pierre Hazan, JusticeInfo editorial advisor and associate professor at Neuchâtel University

    What a revealing new development in terms of government attitudes towards international justice: Twenty years ago, it was a source of immense hope, but now it has been reduced to begging from the public to fund the International Mechanism for Syria that was nevertheless set up by the UN General Assembly to gather evidence on serious crimes committed during the Syrian war.    The recent article by our Hague correspondent Stéphanie Maupas sharply reflects the troubled state of international justice and transitional justice more widely. Transitional justice was conceived in the 1990s and...

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    Civil society calls for Syria justice funding as UN drags its feet
    20.06.17
    Stéphanie Maupas, correspondent in The Hague

    An organization supporting Syrian civil society has launched a call for funding to support the International, Impartial and Independent Mechanism (IIIM) for Syria. This Mechanism, approved by the UN General Assembly in December 2016, is supposed to centralize evidence gathered over the last seven years of war and prepare potential war crimes cases for any future tribunal. The UN Secretary General is expected to announce shortly the name of the person to head this Mechanism, but its funding is still not certain. Is justice for Syria too costly for UN Member States? The International,...

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    “Terminator” tells ICC he tried to help civilians in Congo
    19.06.17
    Stéphanie Maupas, correspondent in The Hague

    Former Congolese militiaman Bosco Ntaganda has been testifying in his own defence since June 14 before the International Criminal Court (ICC). He is on trial for crimes against humanity and war crimes committed in Ituri, eastern Democratic Republic of Congo (DRC) in 2002 and 2003, when he was second in command of the Union of Congolese Patriots (UPC) militia. The Prosecution says his military campaign caused the deaths of some 60,000 people. But Ntaganda told the court he protected civilians. Ntaganda is trying to paint a rather romantic self-portrait. “I am not guilty of anything,” he told...

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    Rwanda genocide shaped me, Congolese ex-rebel Terminator tells war crimes judges
    14.06.17
    AFP

    A former Congolese rebel commander told war crimes judges Wednesday the "horrific events" he saw during Rwanda's 1994 genocide shaped him to vow to do everything he could to prevent "it happening again". Almost two years after his trial opened, Bosco Ntaganda took the stand for the first time expected to talk about events in 2002 and 2003, when his rebel forces rampaged through neighbouring Democratic Republic of Congo's gold-rich Ituri province, murdering and raping civilians and plundering their possessions. Instead, the man once dubbed "The Terminator" told the International...

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    ICC calls for 'immediate arrest' of Kadhafi son
    14.06.17
    AFP

    The International Criminal Court chief's prosecutor on Wednesday called for the "immediate arrest and surrender" of Moamer Kadhafi's son Seif al-Islam, who was reportedly set free by a militia in Libya. An arrest warrant issued by the Hague-based ICC in 2011 "remains valid and Libya is obliged to immediately arrest and surrender" the late dictator's son "regardless of any purported amnesty law in Libya," Fatou Bensouda said. Kadhafi's second son and heir-apparent was said to have been released on Friday by a militia that controls the town of Zintan in western Libya. The group, which...

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    DRCongo 'Terminator' to tell judges 'he's a human being'
    13.06.17
    AFP

    Bosco Ntaganda will give a full account of his role as a Congolese rebel commander in 2002-03 when he takes the stand at the International Criminal Court on Wednesday, his lawyer has said. Almost two years after his trial opened, the man once dubbed "The Terminator" will take the stand to recall events in 2002 and 2003, when his rebel forces rampaged through the vast central African country's gold-rich Ituri province, murdering and raping civilians and plundering their possessions. "Mr Ntaganda will describe everything he did in the conflict. Step-by-step and day-by-day and give a full...

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    Will the ICC take up crimes against migrants in Libya? 
    06.06.17
    Stéphanie Maupas, correspondent in The Hague

    Amid the chaos in Libya, the International Organization for Migration (IOM) in April denounced a veritable “slave market” where migrants are being sold for forced labour or sexual exploitation. But will the ICC investigate? A few weeks later, after a surprise visit to Libya, UN High Commissioner for Refugees Filippo Grandi said he was “shocked to discover the difficult conditions in which refugees and migrants live”, and denounced the “terrible” conditions in refugee centres in Libya. The two organizations launched a humanitarian programme for the 600,000 migrants, refugees and displaced...

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    Will Congolese warlord tell ICC of Rwandan and Ugandan roles?
    29.05.17
    Stéphanie Maupas, correspondent in The Hague

    The trial of former militia leader Bosco Ntaganda resumed on May 29 at the International Criminal Court (ICC) with the Defence presenting its case. Ntaganda is charged with 18 counts of war crimes and crimes against humanity in Ituri, eastern Democratic Republic of Congo (DRC), in 2002 and 2003. Since the start of his trial in September 2015, the Prosecutor has called 71 witnesses to the stand. Now it is the turn of the Defence, which plans to call more than 100 witnesses, including Ntaganda himself. Bosco Ntaganda has decided to testify, but there are no signs that he will make a real...

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    Week in Review: Transitional justice is “an art not a science”
    22.05.17
    François Sergent, JusticeInfo.net

    In an excellent new book, our colleagues at American NGO ICTJ recognize that transitional justice is “an art, not a science”. The International Center for Transitional Justice, a specialist in the field, says that “part of the art is in understanding the context (of the country concerned), including the opposition to justice”.  ICTJ could have been talking about the Central African Republic (CAR), which was hit by new attacks this week. Unprecedented violence directed mainly at the United Nations force (MINUSCA) left dozens of people dead in Bangassou in the south of the country. “The...

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    Campaigners want banana firm probed over Colombia war
    18.05.17
    AFP

    Campaigners on Thursday demanded the International Criminal Court (ICC) investigate executives of a US banana firm over alleged links to crimes against humanity in Colombia's civil war. The Human Rights Coalition "called on the Prosecutor of the International Criminal Court (ICC) to investigate the complicity of executives at Chiquita Brands International in crimes against humanity," it said in a statement. It said Chiquita paid a fine after admitting in 2007 having made payments to the AUC right-wing paramilitary group. The paramilitaries were one of the sides in Colombia's decades-long, multifaceted civil war, active in banana-growing areas of the country. But, according to the...

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    Chiquita “contributed” to Colombian paramilitary crimes, ICC told
    18.05.17
    Stéphanie Maupas, correspondent in The Hague

    Human rights organizations are asking the Prosecutor of the International Criminal Court (ICC) to include managers of Chiquita Brands International Inc. in her preliminary examination on Colombia. The International Federation for Human Rights (FIDH), the International Human Rights Clinic of Harvard University and Colombian NGO Colectivo de Abogados José Alvear Restrepo  (CAJAR) accuse the multinational of having “contributed” to crimes against humanity committed by the United Self-Defense Forces of Colombia (AUC), a paramilitary group. They say that from 1997 to 2004, the world leading...

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    Which court for which crimes in the Central African Republic?
    17.05.17
    Stéphanie Maupas, correspondent in The Hague

    The Central African Republic (CAR) is still torn by militia violence and is struggling to rebuild after the 2012-2014 civil war, which left some 5,000 people dead and turned nearly 900, 000 Central Africans into refugees and displaced people. In a country where the government controls only a small part of the territory, justice is trying to find a way forward. The Special Criminal Court, created in 2015, now has its Prosecutor and several judges, while the International Criminal Court has since 2014 been investigating crimes committed during the CAR civil war. “The attack against...

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    Week in Review: US strikes in Syria, while Rwanda remembers the genocide
    09.04.17
    François Sergent, JusticeInfo.net

    International justice saw a new failure this week on Syria. The UN Security Council was unable to agree a Resolution after the “chemical weapons” massacre at Khan Cheikhoun which left dozens dead and injured, including children. UN Secretary General Antonio Guterres called it a war crime, saying that “international humanitarian law has been violated”. Nevertheless opposition from Russia, backer of the Syrian regime, and China prevented a Resolution condemning this massacre blamed on the Syrian air force. This blockage in the UN Security Council has also stopped any moves to refer Syria to...

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    Syrian war crime brings illegal but perhaps legitimate US strikes
    07.04.17
    Pierre Hazan

    Syrian air force use of chemical weapons against civilians is a war crime, or even a crime against humanity. The retaliatory US missile strikes are perhaps legitimate, but certainly illegal under international law.   On Friday August 30, 2013, US President Barack Obama took one of the heaviest decisions of his mandate. He decided to abandon the “red line” that he had himself set. He would not take military action against the Syrian regime, even though it had just used chemical weapons. But new US President Donald Trump took action this Thursday, after seeing the images of dozens of dead...

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    Can satellite imagery still prove war crimes?
    31.03.17
    Pierre Hazan, JusticeInfo editorial advisor and associate professor at Neuchâtel University

    A few years ago, satellite images were seen as a decisive technological advance that could reveal the truth about war crimes. Satellite images provided essential confirmation of atrocities in Srebrenica and Sudan. But those who violate human rights have learned from this, and are now devising counter-strategies.   When Bosnian Serb forces massacred some 8,000 Muslims in the enclave of Srebrenica in July 1995, photos gathered by US secret service satellites gave the lie to Bosnian Serb nationalist denials. The images of prisoners standing for execution and freshly dug ground at the sites of...

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    International Criminal Justice in Africa: Examining African Alternatives to the ICC
    28.03.17
    Oliver Windridge Counsel at the American Bar Association Center for Human Rights, Washington D.C

    In 2016 the threat of mass withdrawals from the ICC once again came into prominence. Since the turn of the year, whilst the threat remains a real concern to many observers, it has been somewhat tempered by Gambia’s and South Africa’s recent decisions not to withdraw from the ICC. However, the continued evolution of international criminal justice requires the examination of alternative international criminal justice options above and beyond the ICC, including the African Union’s very own court, the African Court of Justice and Human Rights.   Introduction   One of the most important...

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    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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