Mixed tribunals

    “Risk of Central African Republic exploding has never been so high”
    10.08.17
    Ephrem Rugiririza, JusticeInfo.Net

    Dozens of people have been killed in recent weeks of fighting between armed groups in the Central African Republic (CAR), as a UN official warned of possible genocide. In this interview Didier Niewiadowski, jurist and former advisor to the French embassy in Bangui, gives his view of the situation in that troubled country. He agrees with the UN that “the risk of a national explosion has never been so high”, but says he does not at this stage see early warning signs of genocide.  Do you agree with UN Undersecretary General for Humanitarian Affairs Stephen O'Brien that there are early warning...

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    Central African Special Court: Don’t forget victims, say NGOs, as Prosecutor sworn in
    03.07.17
    Ephrem Rugiririza, JusticeInfo.Net

    The Prosecutor of the Special Criminal Court (SCC) in the Central African Republic (CAR), Colonel Toussaint Muntazini Mukimapa, and five Central African judges for the Court were sworn in on Friday June 30 Bangui. This ceremony marks the start of work for this Court, charged with trying those most responsible for serious crimes committed in the CAR since 2003. In an interview with JusticeInfo.Net, Florent Geel, Head of Africa Bureau at the International Federation for Human Rights (FIDH), urges Prosecutor Muntazini Mukimapa “not to limit his action to a few insignificant players” and not to...

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    Top Khmer Rouge leader denies genocide at close of UN-backed trial
    23.06.17
    AFP

    One of the top surviving leaders of Cambodia's ruthless Khmer Rouge regime on Friday denied genocide charges and rejected the label of "murderer" in forceful closing remarks at a lengthy UN-backed trial. The Khmer Rouge's former head of state, 85-year-old Khieu Samphan, spoke angrily to the Phnom Penh chamber trying him and another senior leader, 90-year-old Nuon Chea, for the regime's killing of ethnic Vietnamese and Muslim minorities, forced marriage and rape. The men are the two most senior living members of the radical Maoist group that seized control of Cambodia in 1975 and...

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    Kosovo proposes Truth Commission, as leaders suspected of war crimes
    14.06.17
    JusticeInfo.net

    Following elections in Kosovo on Sunday June 11, Ramush Haradinaj is the favourite to be next Prime Minister. Although acquitted by the International Criminal Tribunal for the former Yugoslavia, he is still accused of war crimes by Belgrade. Last January he was arrested at Bâle-Mulhouse airport on a request from Serbia and imprisoned in France. French judicial authorities subsequently released him, without extraditing him to Belgrade. These elections no doubt signal a period of political instability in Kosovo. A coalition of parties that grew from the Kosovo Liberation Army (UCK) won the...

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    Week in Review: Challenges of confronting the past in CAR and Tunisia
    06.06.17
    François Sergent, JusticeInfo.net

    Once again the Central African Republic (CAR) dominated transitional justice news this week. The UN published a damning report on human rights violations in the country, while the Prosecutor of the CAR’s Special Criminal Court, a Congolese military jurist, made his first visit to Bangui to prepare his task. According to the UN report, Colonel Toussaint Muntazini Mukimapa’s task is huge. The UN report documents 620 of grave human rights violations committed in the CAR between 2003 and 2015. They include sexual violence, acts of torture in detention centres, extrajudicial executions, violence...

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    Central African Special Court needs public strategy, says UN
    02.06.17
    JusticeInfo.Net

    In a report published this week in Bangui, the United Nations documents 620 cases of grave human rights violations committed in the Central African Republic from 2003 to 2015. They include sexual violence, acts of torture in detention centres, extrajudicial executions, violence of an ethnic or religious nature, recruitment of child soldiers, attacks on aid workers and UN peacekeepers. The report’s authors make a series of recommendations, notably to the Prosecutor of the Special Criminal Court (SCC), a hybrid court being set up within the CAR’s judicial system to bring to justice those most...

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    “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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