Mixed tribunals

    “In CAR, the Touadera regime has totally lost credibility amongst the population"
    22.05.17
    Ephrem Rugiririza, JusticeInfo.Net

    Recent developments in the Central African Republic (CAR), where more than a hundred civilians and some half a dozen UN peacekeepers were killed this week in new violence, look like warning signs of political rebellion in a context of impunity and government inertia, according to jurist Didier Niewiadowski, former advisor to the French embassy in the CAR. His analysis is uncompromising.  This former French diplomat thinks the CAR, with its leaders “out of touch with the country’s realities” risks looking like the Democratic Republic of Congo or Somalia as it was. In this interview, he talks...

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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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    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: CAR appoints Special Court judges as amnesty debate continues
    15.05.17
    François Sergent, JusticeInfo.net

    The transitional justice week was again dominated by the Central African Republic (CAR), where there is a recurring debate on “impunity” for the parties to the country’s conflict – in the name of peace and reconciliation for some, but to the detriment of justice.  The issue is all the more poignant in a week when the CAR, divided and still at war in much of the country, marked the second anniversary of the Bangui National Forum, of which the aim was national reconciliation. President Touadera, elected a year ago, has started setting up the Special Criminal Court, a hybrid court with Central...

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    Week in Review: Habré judgment sets an example
    01.05.17
    François Sergent, JusticeInfo.net

    The Extraordinary African Chambers (EAC) Appeals Court decision of April 27 confirming a life sentence on former Chadian dictator Hissène Habré for crimes against humanity was the major event of this week in transitional justice. This verdict by the African court set up in Dakar, Senegal, by the African Union was hailed by defenders of human rights and justice both in Africa and the rest of the world. Coming more than 30 years after the crimes were committed, the judgment has taken much time. But it vindicates the persistence and determination of Chadian victims who, with the help of NGOs...

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    Is Africa doing better than Europe on new regional criminal courts?
    28.04.17
    Pierre Hazan, JusticeInfo editorial advisor and associate professor at Neuchâtel University

    The contrast could not be more glaring. Both the African Union and the European Union have created for the first time a regional criminal tribunal to try the perpetrators of war crimes and crimes against humanity. But the result is radically different and the comparison is hardly flattering for Europe.  This Thursday, appeals judges of the Extraordinary African Chambers, sitting in Dakar, confirmed the life sentence against former Chadian dictator Hissène Habré for war crimes and crimes against humanity. In contrast, the Kosovo Specialist Chambers, set up by the European Union, is...

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    “Who will testify to Kosovo tribunal?” asks the man who exposed organ trafficking
    28.04.17
    JusticeInfo.net

    Former Swiss prosecutor Dick Marty this week spoke publicly for the first time in years about his explosive December 2010 report on illegal human organ trafficking in Kosovo. He was speaking to a “Carrefour de Sarajevo” forum at Neuchâtel University, attended by a numerous public.  In his report Marty (who is also on the board of  Fondation Hirondelle, owner of JusticeInfo.net) pointed the finger at current President of Kosovo, Hashim Thaçi, accused of being “one of the most dangerous sponsors of the Albanian criminal underworld”. The report says that the Kosovo president and his close...

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    Habré conviction is a “tribute to the persistence of victims”
    27.04.17
    Ephrem Rugiririza, JusticeInfo.Net

    Appeals judges of the Extraordinary African Chambers (EAC), sitting in Senegal, on Thursday confirmed a life sentence on former Chadian dictator Hissène Habré for war crimes, crimes against humanity and torture committed in his country between June 1982 and December 1990, although they acquitted him of rape. For those who have followed the long saga of bringing Habré to justice, this final verdict is “a tribute to the persistence” of the victims. Philip Grant, director of Swiss NGO TRIAL International, is one of them. JusticeInfo asked him about the significance of this verdict for the...

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    Mission impossible for Kosovo war crimes court?
    26.04.17
    Stéphanie Maupas, correspondent in The Hague

    In a few days, the 19 judges of the Kosovo Specialist Chambers (KSC), a European Union initiative ratified by Kosovo’s parliament in 2016, will have their own Rules of Procedure and Evidence. In theory, everything will then be ready for the first indictments against the Kosovo Liberation Army (UCK) for war crimes and crimes against humanity committed between January 1, 1998 and December 31, 2000. The Specialist Chambers are an integral part of Kosovo’s judicial system, but they have an international presence and they sit in The Hague, Netherlands. The President is Bulgarian, the Prosecutor...

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    Universal jurisdiction gains ground from Pinochet to Syria
    27.03.17
    Stéphanie Maupas, correspondent in The Hague

    Universal jurisdiction is making slow but steady progress as a tool against impunity, and not only in Europe. This is according to a report published on Monday March 27 by five human rights organizations. Forty-seven people suspected of crimes committed in another country were tried before national courts in 2016, according to the report, entitled Make Way for Justice. This marks slow but steady progress for the principle of universal jurisdiction, which is being used more widely, including outside the European Union. “Despite constant attacks, universal jurisdiction continues to be a...

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    Week in Review: Tunisia’s difficult transition, no justice for Syria and Sri Lanka
    06.03.17
    François Sergent, JusticeInfo.net

    In Tunisia, a lawyer is fighting for the decriminalization of cannabis use. The issue might seem marginal in comparison with war crimes and crimes against humanity. But for him, imprisonment of mostly young cannabis users under a law of the former Ben Ali regime, is proof that the country’s democratic transition still has a long way to go.  Lawyer Ghazi Mrabet is fighting to scrap “Law 52”, and he is not alone. Both Prime Minister Youssef Chahed and President Beji Caied Essebsi also say they want the law revoked. “This lawyer and human rights activist is now urging a presidential pardon for...

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    Sri Lanka’s victims demand justice, while government plays for time
    03.03.17
    Julia Crawford, JusticeInfo.net

    Sri Lanka’s government this week asked the UN Human Rights Council for more time to fulfil its promises under a 2015 Resolution on justice for civil war victims. The international community welcomed the surprise election of President Maithripala Sirisena in early 2015 and his promises of justice and reconciliation, but a new report from international jurists of the Sri Lanka Monitoring and Accountability Panel (MAP) says the government has done little and is acting in bad faith. The civil war, pitting majority Buddhist Sinhalese of the south against minority Hindu Tamils of the north and...

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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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    “UN and African Union should act together to end impunity in the CAR”
    25.02.17
    Ephrem Rugiririza, JusticeInfo.Net

    In the Central African Republic (CAR), President Touadera’s February 14 nomination of a Prosecutor for the Special Criminal Court* is an important step, but should not raise unrealistic hopes, according to jurist Didier Niewiadowski, a former adviser to the French embassy in Bangui. He says the presence in Touadera’s government of people close to former president François Bozizé, and the current de facto partition of the country will make Congolese Prosecutor Toussaint Muntazini Mukimapa’s task difficult.  JusticeInfo: Can a Special Criminal Court, which is unlikely to issue its first...

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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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    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 suspects of international crimes in “position of power”
    29.01.17
    Ephrem Rugiririza, JusticeInfo.Net

    In a January 11 report on the Central African Republic (CAR), Amnesty International says several people suspected of international crimes are still circulating freely. According to the report entitled The long wait for justice: Accountability in Central African Republic,  attempts to bring these suspects to account have been thwarted by lack of resources on the part of the CAR authorities and the United Nations mission in the country (MINUSCA). JusticeInfo talked to Balkissa Ide Siddo, Central Africa Researcher at Amnesty International.  Your organization talks in the report of people...

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    Act on CAR Special Court to halt “staggering impunity”, say rights groups
    20.01.17
    Ephrem Rugiririza, JusticeInfo.Net

    Nearly a year after elected institutions were installed in the Central African Republic (CAR), armed groups continue to sow death in the country, despite relative stabilization of the capital, Bangui. Seleka and Antibalaka militia, no doubt encouraged by the total impunity they have so far enjoyed, do not seem ready to put down their weapons. In two separate reports, Amnesty International and Human Rights Watch call for the rapid setting up of the Special Criminal Court provided for in a law of 2015.  “Sectarian violence and attacks on civilians continued in central and western regions of...

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    Ex-Chad leader Habre to appeal war crimes conviction
    09.01.17
    AFP

    Chad's former president Hissene Habre was to begin an appeal Monday against his life sentence for war crimes and crimes against humanity after his conviction was hailed as a landmark for Africa. The Extraordinary African Chambers, a body created by Senegal and the African Union, sentenced Habre in May to life behind bars, an unprecedented ruling that was seen as a blow to the impunity long enjoyed by repressive rulers. In July, Habre was further ordered to pay up to 30,000 euros ($33,000) to each victim who suffered rape, arbitrary detention and imprisonment during his rule, as well as to...

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    Peace and justice for Colombia?
    29.11.16
    Christine Renaudat, correspondent in Bogota,

    In Colombia, FARC rebels and the government last week signed a revised peace deal to end half a decade of civil war. But the opposition says changes are only cosmetic, and it is not clear how justice will be applied to certain sections of the army. “Unanimity is not possible”, chief government negotiator Humberto de la Calle had already warned. The peace agreement, narrowly rejected by voters on October 2 and signed in revised form on November 24, continues to divide Colombians. After studying its 310 pages, the opposition gave its verdict. The changes, according to opposition leader and...

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