April 2019

April 2019 - Domestic Prosecution of International Crimes Updates

BY CLEO MEINICKE, RESEARCH ASSOCIATE PILPG-NL

This news update provides an overview of recent developments in the area of domestic prosecutions of international crimes. The information is drawn from different online news platforms.

AFRICA

Gambia | The cost of lying to Gambia’s Truth Commission

The truth commission in Gambia is different to others. It is not voluntary, so that perpetrators do not have a choice to appear, and lying to the Commission is punished. The Commission started operating on January 7, 2019 and has already revealed three false testimonies. One of the liars was dismissed from the army and the other one was called to the police station and charged with perjury. Obtaining the truth is crucial to the success of a truth commission, thus the introduction of consequences for lying is considered a positive strategy. [April 15, 2019]

Liberia | Monrovia witnesses pro-war crimes court protest

A peaceful protest was staged in Liberia by advocates requesting the establishment of a court for war and economic crimes. The advocates delivered a letter to the President’s Office asking him to initiate the creation of ad-hoc courts to hold those mentioned in the truth and reconciliation commission accountable. [April 6, 2019]

Rwanda | Rwandan rebel leader dies in Germany awaiting retrial

Ignace Murwanashyaka, who was president of the Democratic Forces for the Liberation of Rwanda (FDLR) during its operations in eastern DRC in 2008 and 2009, was convicted by a German court of leading a terrorist organisation in 2015. While awaiting retrial for alleged war crimes, the militia leader died in Germany. [April 18, 2019]

Sudan | Sudan crisis: Ex-President Omar al-Bashir moved to prison

Sudan's former President Omar al-Bashir, who was deposed in a military coup, was moved to Kobar maximum security prison. Reports say he has been detained at the presidential residence before. [April 17, 2019]

Sudan | Sudan investigating Bashir after large sums of cash found at home- source

Ousted President Omar al-Bashir is being investigated by Sudan’s public prosecutor on charges of money laundering and possession of large sums of foreign currency. His house was searched and more than $351,000 and six million euros ($6.75m), as well as five million Sudanese pounds ($104,837) were found. [April 20, 2019]

ASIA

Bangladesh | War Crimes: ICT investigators find evidence against 9 Gaibandha men

The investigation agency of the International Crimes Tribunal (ICT) found evidence against nine Gaibandha men over their involvement in crimes committed during the Liberation War in 1971. They committed crimes including killing, rape, abduction, confinement and torture during the nine-month war. [March 24, 2019]

Bangladesh | War crimes: Accused gets bail on health grounds

The International Crimes Tribunal (ICT) has granted bail to a suspect accused of having committed war crimes during the 1971 Liberation War. He was accused of his involvement in the killings of 2,700 people at the banks of Chitra River in Narail Sadar. The accused was given bail on three conditions, because of his medical condition and that he cannot move due to leg injuries caused by an accident. He has to present whenever the court summons him; he has to stay in contact with his relatives in Dhaka and he cannot contact the other witnesses of the case. [April 3, 2019]

Thailand & Malaysia | Human Traffickers Accused of 'Crimes Against Humanity' in Thailand and Malaysia

Human rights experts claim that a transnational criminal syndicate committed crimes against humanity in the form of trafficking Rohingya Muslims. The victims fled violence and persecution in Myanmar. Traffickers allegedly murdered, enslaved, imprisoned, tortured, raped, starved, and displacement their victims between 2012 to 2015, according to a joint investigation by the Human Rights Commission of Malaysia (SUHAKAM) and Bangkok-based rights group Fortify Rights. [March 25, 2019]

EUROPE

Bosnia | Sickness Delays Justice in Bosnian War Crimes Trials

During the 1992-5 war in Bosnia and Herzegovina, Mico Kraljevic, the Mayor of Vlasenica, commanded a special squad of the Public Safety Station. He is now charged with participating in the persecution of the Bosniak community in Vlasenica in eastern Bosnia. The alleged crimes include unlawful detention in inhumane conditions, murder, torture, sexual abuse and forcible disappearances. [April 12, 2019]

Croatia | Convicted War Criminal Extradited to Croatia from Netherlands

A Dutch citizen, sentenced to 15 years in prison in absentia for war crimes in 1991, has been extradited to Zagreb. In 1994 the suspect was found guilty of war crimes against civilians in Siroka Kula by Gospic County Court, for his conduct in September and October 1991. [April 25, 2019]

European Union | EU Parliament calls for ‘reparations for crimes against humanity’ to Afro-Europeans

The European Parliament overwhelmingly approved a resolution addressing “structural racism” in Europe against Europeans of African descent. The resolution calls for “reparations for crimes against humanity during European colonialism.” [March 28, 2019]

France | Rwanda genocide: Macron orders probe of France's role

French President Macron appointed a panel of experts to investigate France's role in Rwanda's genocide. Macron grants them access to presidential, diplomatic, military and intelligence archives. [April 5, 2019]

Germany | German ISIS member faces war crime trial over Yazidi girl's murder 

A German court has just commenced a trial on a German woman accused of joining ISIS and committing war crimes. Her crimes include her support in the murder of a 5-year-old Yazidi girl she bought as a slave. A judge in the court read out the list of crimes she is accused of, which includes membership of a terrorist organization, weapons violation, murder and murder as a war crime. She might face a maximum sentence of life imprisonment. [April 9, 2019]

Kosovo | Kosovo courts take war crimes cases over from EULEX

Domestic courts in Kosovo will now deal with alleged crimes committed by Serbs against Albanians, next to the war crimes committed by the ethnic Albanian KLA ("Kosovo Liberation Army"). The aim is to build up a Kosovo war crimes department operative. [March 31, 2019]

Kosovo | Kosovo Serb Ex-Policeman Faces Retrial for Attacking Civilians

Zoran Vukotic, a Serbian policeman, was charged for the mistreatment and torture of ethnic Albanian civilian prisoners at a jail in the Mitrovica area in 1999. The Court of Appeals in Pristina upheld his prison sentence. Under his guard civilian prisoners were subjected to illegal detention, inhumane treatment, torture and beatings. [April 5, 2019]

Kosovo | Kosovo to Penalise Denial of Serbian War Crimes

The denial of a crime can be considered a “double crime” according to the Deputy Prime Minister Enver Hoxhaj in Kosovo. Therefore, he proposed an initiative to criminalise those who deny crimes committed by Serbian forces during the independence war in the late 1990s, which was now approved by the government of Kosovo. [April 12, 2019]

Lithuania | Lithuania convicts Russians of war crimes under Soviet rule

A court in Lithuania has found a former Soviet defence minister guilty of war crimes. Marshal Dmitry Yazov was sentenced in absentia to 10 years in prison. Another 66 former Soviet military and KGB officials were given sentences between four and 14 years. Only two of them were present in the courtroom. Russia argues the trial in Lithuania is politically motivated and illegal. Lithuania is now an EU member state and had declared independence from the Soviet Union in March 1990. [March 27, 2019]

Romania | Ion Iliescu: Romania's ex-leader charged with crimes against humanity

 Romania's former President Ion Iliescu has been charged with crimes against humanity for his role in the aftermath of the violent revolt that toppled the communist regime in 1989. He is accused of spreading disinformation in TV appearances and statements, which increased the risk of "chaotic shooting". Since he took power, 862 people were killed. [April 8, 2019]

Sweden | Swedish court to make final ruling on Genocide convict Rukeratabaro

The Svea Court of Appeal in the Swedish capital Stockholm is expected to decide whether or not Genocide convict Theodore Rukeratabaro’s life sentence should be upheld. He was convicted for his role in the commission of the Rwandan Genocide against the Tutsi. The ruling is set for April 29. [April 17, 2019]

Switzerland | Liberian rebel leader Alieu Kosiah to face Swiss trial

The Swiss Attorney General has indicted Liberian former rebel leader Alieu Kosiah for war crimes during the Liberian conflict. He is accused of having ordered murder and desecrated a corpse, raped a civilian, ordered their cruel treatment and recruited and employed child soldiers between 1993 and 1995. This is the first case brought to the Federal Criminal Court by the Office of the Attorney General under the principle of universal jurisdiction. [March 26, 2019]

MIDDLE EAST

Syria | Islamic State group: Syria's Kurds call for international tribunal

The Kurdish-led administration in northern Syria called for the creation of an international tribunal to try suspected members of the Islamic State (IS) group. The region is struggling to cope with the thousands who emerged from the last IS enclave of Baghuz, which was captured by the Kurdish-led Syrian Democratic Forces (SDF). [March 26, 2019]

United Arab Emirates | UAE: Eight Lebanese Face Unfair Trial

Emirati authorities detained eight Lebanese nationals for terrorism suspicion. The suspects were held for more than a year without charge in an unknown location, ill-treated, and denied their due process rights, according to Human Rights Watch. Their trial began on February 13, 2019 and continues to be marred with violations. [March 25, 2019]

NORTH AMERICA

United States | Federal jury convicts Rwandan man accused of lying about role in 1994 genocide

A federal jury convicted a Rwandan man for rapes and murders during the Rwandan genocide. He attempted to obtain asylum in the United States by denying his conduct. He was found guilty of five counts of perjury and fraud. [April 5, 2019] 

United States | Prosecutors celebrate victory after ruling in Gallagher war crimes case

The military judge ruled that information retrieved from the cell phones of the accused Edward Gallagher can be used as evidence by the prosecution. Gallagher is suspected of having stabbed to death a seriously wounded and unarmed Islamic State prisoner of war during a 2017 deployment to Iraq. [April 20, 2019]

United States | Sri Lankans Accuse Him of Wartime Atrocities. California May Decide.

Despite being successful to evade accusations of crimes against humanity for being the commander of military actions that lead to thousands of deaths, Gotabaya Rajapaksa was captured in Los Angeles based on accusations of murdering a journalist and torturing an ethnic Tamil who had Canadian citizenship. The lawsuit brought forward in California is considered advantageous against the background that opening criminal trials in Sri Lanka is politically impossible due to the accused influence over the domestic institutions. [April 19, 2019]

Canada | Refugee claimant, in Canada since 2015, complicit in ISIS crimes against humanity, tribunal says

A mechanic who came to Canada in 2015 has been found complicit in crimes against humanity for repairing vehicles for the so-called Islamic State. Before arriving in Canada and claiming refugee status, the Lebanese national made several trips to Syria to work on ISIS military vehicles and also supervised other ISIS mechanics. He was ruled to not be eligible for refugee status, but it is unknown if he was detained or deported subsequently. [April 18, 2019]

SOUTH AMERICA

Colombia | Colombia's lower house rejects Duque's changes to peace tribunal

Colombia's lower house has rejected President Ivan Duque's suggested modifications to Colombia’s transitional justice system, one of which was the exclusion of sexual crimes from the tribunal’s jurisdiction. The Special Jurisdiction for Peace (JEP) tribunal was established to try former rebels and military officials for war crimes. The lower house voted 110-44 to turn down the suggested changes. [April 9, 2019]

April 2019

April 2019 - International Criminal Court Update

BY ISABELLA BANKS, RESEARCH ASSOCIATE PILPG-NL

In the past month, the International Criminal Court (ICC) released updates regarding four cases, two official visits, two statements of the ICC Prosecutor, and one publication. Most controversial among them was Pre-Trial Chamber II’s decision to reject the Prosecutor’s 2017 request to open an investigation in Afghanistan.

AFRICA

Libya | ICC Pre-Trial Chamber I Confirms Saif-Al-Islam Case is Admissible Before the ICC

On April 5 2019, ICC Pre-Trial Chamber I rejected by majority the admissibility challenge presented by the Defense of Saif Al-Islam Gaddafi in June of last year. The Defense argued that the case was inadmissible because Mr. Gaddafi had been convicted by the Tripoli Criminal Court for substantially the same conduct as alleged in ICC proceedings, and was ultimately released from prison in Libya as a result of a general amnesty.

In rejecting the challenge, the Majority found the case against Mr. Gaddafi admissible before the Court. The Majority was not satisfied that the decision of the Tripoli Criminal Court was final, given that it was rendered in absentia and is still subject to appeal. It further found that Gaddafi was excluded from the relevant  amnesty (provided by Law No. 6 of 2015), asserting that “granting amnesties and pardons for serious acts such as murder constituting crimes against humanity is incompatible with internationally recognized human rights.”

The situation in Libya was referred to the ICC Prosecutor by the UN Security Council in 2011. Later that year, Pre-Trial Chamber I issued arrest warrants for Mr. Gaddafi, Muammar Mohammed Abu Minyar Gaddafi, and Abdullah Al-Senussi for crimes against humanity (murder and persecution) allegedly committed by the Libyan state and Security Forces. Mr. Gaddafi’s father – Colonel Muammar Gaddafi – was deposed and killed in 2011, and Abdullah Al-Senussi’s case was found inadmissible in 2013. Mr. Gaddafi remains at large.

In the wake of its decision, Pre-Trial Chamber I and organizations like Lawyers for Justice in Libya (LFJL) urged the Libyan state and the international community to surrender Mr. Gaddafi to the ICC to face trial.

Libya | Statement of the ICC Prosecutor in Relation to the Escalation of Violence in and Around Tripoli, Libya

On April 16 2019, ICC Prosecutor Fatou Bensouda issued a statement expressing her concern about the recent escalation of violence in Libya. The unrest is a result of the advance of the Libyan National Army (LNA) towards Tripoli – Libya’s capital and the base of its UN-backed, internationally recognized government –  and related fighting with forces aligned with the Government of National Accord (GNA). It comes in the context of broader violence and political instability that has persisted since former ruler Muammar Gaddafi was deposed in 2011.

Prosecutor Bensouda called on the armed groups involved to respect the rules of international humanitarian law and take measures to protect civilians. She reminded all parties – particularly commanders with effective control over their forces – that individuals contributing to the commission of crimes may be subject to ICC prosecution.

With regard to the situation in Libya, she cautioned: “I will not hesitate to expand my investigations and potential prosecutions to cover any new instances of crimes falling within my Court’s jurisdiction, with full respect for the principle of complementarity. No one should doubt my determination in this regard.”

Mali | ICC Registrar Completes First Official Visit to Bamako, Mali

From March 24-28, 2019, ICC Registrar Peter Lewis conducted his first official visit to Bamako, Mali. Hoping to strengthen support for the Court’s activities in Mali, Registrar Lewis met with senior government representatives, the diplomatic community, the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), the media, and civil society.

The situation in Mali was referred to the ICC by Mali’s government in July 2012. In January 2013, the ICC Prosecutor opened two cases relating to crimes allegedly committed on its territory: The Prosecutor v. Ahmad Al Faqi Al Mahdi, and The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud. Mr. Al Mahdi was found guilty as a co-perpetrator of a war crime and sentenced to nine years imprisonment in 2016. Mr. Al Hassan is currently in ICC custody awaiting a confirmation of charges hearing.

Mali | Confirmation of Charges Hearing in Al Hassan Case Postponed to 8 July 2019

On April 18 2019, ICC Pre-Trial Chamber I announced its decision to postpone the commencement of the confirmation hearing for the case, The Prosecutor vs. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, from May 6 2019 to July 8 2019. This change was made on the basis of procedural issues.

The purpose of the confirmation of charges hearing is to “determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charges.” If the charges are confirmed – even if only in part – the case will proceed to trial. In the case of Mr. Al Hassan, these charges include war crimes and crimes against humanity that he allegedly committed as de facto chief of the Islamic police in Mali.

Mr. Al Hassan made his first appearance at the ICC one year ago and is currently in ICC custody.

ASIA

Afghanistan | ICC Judges Reject Opening of an Investigation Regarding Afghanistan Situation

On April 12 2019, ICC Pre-Trial Chamber III unanimously rejected the ICC Prosecutor’s 2017 request to proceed with an investigation of alleged crimes against humanity and war crimes committed in Afghanistan. The Chamber concluded that such an investigation “would not serve the interests of justice.”

In its decision, the Chamber acknowledged that there was a reasonable basis to consider that crimes within the ICC’s jurisdiction had been committed in Afghanistan, but considered the time that had elapsed since the opening of the preliminary examination in 2006 and the lack of cooperation that the Prosecutor had received to be major impediments to a successful investigation and prosecution. The Chamber called the Prosecutor’s prospects for success in this regard “extremely limited,” and emphasized the need for the Court “to use its resources prioritizing activities that would have better chances to success.”

The Chamber’s decision was a source of significant controversy – due in no small part to its temporal proximity to threats by United States National Security Advisor John Bolton and Secretary of State Mike Pompeo to retaliate against the ICC if an investigation in Afghanistan proceeded. Earlier this month, the US revoked the visa of ICC Prosecutor Bensouda because of her attempts to investigate allegations of war crimes in Afghanistan, “including any that may have been committed by American forces.” Many commentators have interpreted the Chamber’s decision as excessively political and damaging to the ICC’s legitimacy.

On April 15 2019, the ICC released a Questions and Answers document detailing the reasoning behind the Chamber’s decision.

Afghanistan | Statement of the ICC Office of the Prosecutor Following the Decision of Pre-Trial Chamber II Concerning the Situation in Afghanistan

On April 12 2019, the ICC Office of the Prosecutor (OTP) issued a statement on the decision of Pre-Trial Chamber II concerning the situation in Afghanistan. The statement highlights the Chamber’s finding that the requirements of gravity and complementarity were met, and expresses the OTP’s intention to “further analyze the decision and its implications, and consider all available legal remedies.”

CENTRAL AMERICA / CARRIBEAN

Panama | ICC Registrar Concludes Official Visit to Panama to Discuss Strengthened Cooperation

From April 11-12 2019, ICC Registrar Peter Lewis conducted an official visit to Panama. The purpose of the visit was to strengthen the ICC’s cooperation with the government and other national stakeholders. Registrar Lewis reported that during his meetings, “the authorities of Panama reaffirmed their commitment to the fight against impunity, their strong support to the work and mandate of the Court and their engagement to continue cooperating with the ICC especially in the realm of voluntary agreement.“

EUROPE

Netherlands | The Office of Public Counsel for Victims Publishes Fifth Edition of its Manual for Victims’ Legal Representatives

In early April 2019, the Office of Public Counsel for Victims of the ICC published the fifth edition of its manual, “Representing Victims Before the International Criminal Court: A Manual for Legal Representatives,” which was first published in 2010. Over the past nine years, the manual has been updated in accordance with the Office’s mandate to provide support and assistance to victims and external legal representatives.

The manual is intended to serve as a user-friendly resource for victims’ representatives appearing before the ICC. The new edition is organized into three parts: Part I contains a general introduction to the ICC and the role of victims in Court proceedings; Part II details ICC practice relating to victims’ participation in Court proceedings, including reparation proceedings; and Part III provides an overview of practical issues relating to victim representation in ICC proceedings.

Currently, the updated manual is only available in English. French and Spanish versions of the new edition will be made available later this year.

MIDDLE EAST

Jordan | ICC Appeals Chamber to Deliver Its Judgment in Jordan’s Appeal in Al Bashir Case on May 6, 2019

On April 8 2019, the ICC Appeals Chamber announced that it would deliver its judgement on Jordan’s appeal of a decision of Pre-Trial Chamber II in the Omar Al-Bashir case on May 6 2019. The Chamber found that by not arresting Mr. Al-Bashir when he was on Jordanian territory in 2017, Jordan failed to comply with its obligations as an ICC state party. The Chamber referred Jordan’s non-compliance to the Assembly of States Parties and the UN Security Council. In March 2018, Jordan appealed the Chamber’s decision.

The situation in Sudan was referred to the ICC by the UN Security Council in 2005. In 2010, the ICC issued two arrest warrants for Mr. Al-Bashir for crimes against humanity, war crimes, and genocide allegedly committed in Darfur. Additional information about Mr. Al-Bashir’s case can be found here.

March 2019

March 2019 - Southern Cameroons Update

BY PHEDRA NEEL, RESEARCH ASSOCIATE AT PILPG - NL

ARREST OF MAURICE KAMTO

Human rights violations

Maurice Kamto, the leader of the opposition party Cameroon Renaissance Movement, and several of his followers, were arrested in late January 2018 on the charges of offenses linked to their rejection of the election results, including rebellion and hostility against the homeland. According to Human Rights Watch, these arrests happened without a warrant. In addition, Kamto and his supporter Célestin Djamen were held for days in facilities not meant to detain people. In both cases, the lawyers had difficulties meeting their clients and they were only presented to the prosecutor after fifteen days, which is in violation of the Cameroon Criminal Procedure Code. Also, the civilians are being tried in a military court. Kamto’s barrister has already announced to start proceedings before international courts for these violations. Kamto himself reached out to the President to have a “frank dialogue” but President Buya refused.

International reactions to the arrest of Kamto

The politically motivated arrests have caused international reactions from the European Union and the United States of America and Human Rights Watch, among others. Frederica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy, issued a statement on behalf of the EU in which she stated that “The rule of law requires a fair justice system and the release of detainees against whom hard evidence cannot be produced.”A similar call can be heard from US diplomat Tibor Naggy. He said that it would be wise for the government to release the prisoners, whether they are guilty of the charges or not, because the international community perceives the arrests as political motivated. He also called upon the Cameroonian government to be “more serious” in trying to bring the Anglophone crisis to an end. However, once Naggy actually arrived in Cameroon, he remained mute on the political and security issues in Cameroon.

The opposition leader remains detained and their supporters remain subjected to the will of the government. Some of the supporters were arrested March 24, 2019 for cleaning the streets of Yaoundé.  

NIGERIA HAS TO RETURN THE AMBAZONIAN LEADERS

Barrister Femi Falana has given Nigeria two weeks to return the representatives of Southern Cameroons who were arrested in Nigeria in January 2018. These more than 40 representatives were residing in Nigeria as asylum seekers and refugees. 

The call from Falana follows the order of the Federal High Court in Nigeria that the deportation of refugees and asylum seekers is illegal and unconstitutional.

Falana has already announced that he will initiate legal proceedings if Nigeria fails to return the representatives within two weeks to Nigeria. However, the people in question are being tried in Cameroon.

SPATE OF KIDNAPPINGS

Kidnapping of football trainer

On March 20, a first division Cameroonian football club in Bamenda, announced  the release of their trainer, Emmanuel Ndoumbé Bosso, who was kidnapped by armed men. He claims that no ransom was paid, and he was not aware why he had been kidnapped. 

Kidnapping of football team

On the same day however an entire university football team was kidnapped from the University of Buea in the Anglophone region of Cameroon. It is not clear who is responsible for the kidnappings, which have become more frequent amid tensions between separatist groups and government troops. The team of 20 students were released on March 20. They told their coach that they were tortured by their kidnappers – they were maltreated and found with wounds on their backs. Ngongo Horace Manga, the university’s vice chancellor told CNN that on Thursday, the kidnappers had demanded a ransom to free the students. It is not clear whether the university paid the ransom demanded. No one has claimed responsibility for the abduction, however the Anglophone separatists have been accused. The students were warned by their captors to not return to their school.  

Kidnapping of former minister

Former Secretary of State, Emmanuel Ngafeeson, was kidnapped and security sources are attributing the kidnapping to the anglophone separatists. He was kidnapped by unidentified armed men from his residence in Ntabessi in Bamenda. His kidnapping took place just 24 hours after the kidnapping of football trainer Emmanuel Ndoumbe Bosso. He was released only ten days after his kidnapping. 

March 2019

March 2019 - International Criminal Court Update

BY ISABELLA BANKS, RESEARCH ASSOCIATE AT PILPG-NL

In the past month, the International Criminal Court (ICC) released a number of important updates. Among them were reactions by senior ICC officials to Malaysia’s accession to the Rome Statute and the Philippines’ withdrawal from the Rome Statute two weeks later.

AFRICA

Central Mali | Statement of the ICC Proscutor, Fatou Bensouda, on Reported Upsurge of Violence and Mass Killings in Mopti Region, Central Mali

On March 25, 2019, ICC Prosecutor Fatou Bensouda released a statement condemning vicious attacks in the Mopti region of central Mali, which allegedly resulted in the massacre of over 130 civilians. She called on all parties to refrain from further violence and stated that a delegation from the OTP would meet with the relevant Malian authorities within a week to discuss the matter.

The ICC’s formal investigation into the situation in Mali began in 2013, and focuses on war crimes allegedly committed in the northern regions of Gao, Kidal, and Timbuktu since January 2012.

ASIA  

Bangladesh | Statement of the Office of the Prosecutor of the International Criminal Court at the Conclusion of its Visit to Bangladesh (6-11 March 2019)

From March 6-11, 2019 the Office of Prosecutor (OTP) conducted its first field visit to Bangladesh. The visit was intended to engage and educate relevant stakeholders about the Court’s ongoing preliminary examination into the alleged deportation of the Rohingya people from Myanmar to Bangladesh. According to the OTP, it also served as an opportunity for the delegation to visit refugee camps in Cox’s Bazar and gain new insights that “will continue to inform the Office’s ongoing assessment of the situation.”

The OTP expressed its gratitude for the strong support it received from government authorities of Bangladesh, and stated that in addition to being productive, the visit helped the Office “to fully appreciate the sheer magnitude and severity of this human tragedy.”

The ICC’s most recent report on its preliminary examination activities can be accessed here.

Malaysia | President of the Assembly of States Parties Welcomes Malaysia’s Accession to the Rome Statute

On March 4, 2019, President of the Assembly of States Parties (ASP), Mr. O-Gon Kwon, enthusiastically welcomed Malaysia’s instrument of accession to the Rome Statute of the ICC, which had been signed by the Malaysian Minister of Foreign Affairs and deposited with the Secretary-General of the United Nations earlier that day. The important development came as a result of the Malaysian Cabinet’s unanimous decision in favor of ratification on December 12, 2018, as well as two decades of advocacy by a number of civil society actors.

Mr. O-Gon Kwon congratulated the government and people of Malaysia for the commitment, remarking that he looked forward to a “vibrant cooperation between Malaysia and the ICC” and that he hoped that other States – particularly in the Asia-Pacific region – would follow Malaysia’s example.

Malaysia is the 124th State Party of the ICC. The Statute will enter into force for Malaysia on June 1, 2019, in accordance with Article 126(2) of the Rome State.

Malaysia | President Eboe-Osuji: We Are Inspired To See Malaysia Join the ICC

On March 6, 2019, President of the ICC, Chile Eboe-Osuji, joined Mr. O-Gon Kwon in expressing his delight at Malaysia’s accession to the Rome Statute. He called the decision “inspiring” and “a veritable act of recognition of the continuing value of the Rome Statute and the ICC.”

President Eboe-Osuji’s statement can be viewed on video here.

Philippines | President of the Assembly of States Parties Regrets the Withdrawal from the Rome Statute by the Philippines

In response to the Philippines’ official withdrawal from the ICC on March 17, 2019, President of the ASP, Mr. O-Gon Kwon, expressed his regret, stating: “I sincerely hope that the departure of the Philippines from the Rome Statute is only temporary and that it will re-join the Rome Statute family in the future.”

President of the Philippines, Mr. Rodrigo Duerte, announced his decision to leave the ICC in March of last year, but Court rules prevented the withdrawal from taking effect for a period of 12 months. President Duerte’s 2018 announcement came shortly after the ICC’s preliminary inquiry into allegations of genocide and crimes against humanity committed in the course of President Duerte’s crackdown on narcotics became public.

ICC Prosecutor Fatou Bensouda has since announced the OTP’s intention to continue its preliminary examination into the Philippines, stating that the Court retains jurisdiction over crimes committed while the state was party to the Statute, and “may exercise this jurisdiction even after the withdrawal becomes effective.”

EUROPE

Netherlands | “Remarks at Dinner Held on the Occasion of the 2019 Anne Frank Award” by Chile Eboe-Osuji President, International Criminal Court

On March 27, 2019 the ICC published President Chile Eboe-Osuji’s remarks at a dinner held on the occasion of the 2019 Anne Frank award. Each year, the Anne Frank award is presented to “an American person (or organization) who has demonstrated a body of work that confronts intolerance, anti-Semitism, racism, or discrimination while upholding freedom and equal rights in order to promote the effect functioning of an open, pluralistic, and democratic society.”

This year’s recipient of the Anne Frank award was Mr. Ben Ferencz, a Chief US Prosecutor at the Nuremberg Trials and long-time supporter of the ICC. In his speech, President Eboe-Osuj described how Mr. Ferencz had contributed to “the idea that the methods of international law must be used to require accountability when people commit mass atrocities” though his pioneering effort at the Nuremberg proceedings, and thanked him for his continued support of the ICC through personal donations to the Trust Fund for Victims (TFV).

President Eboe-Osuji’s full remarks at the dinner can be read here.

Netherlands | On International Women’s Day, the ICC Joins Calls for Greater Equality

In recognition and celebration of International Women’s Day on March 8, 2019, the ICC announced that it was “taking concrete steps to further strengthen and promote gender equality” among its 900 staff. It highlighted the recent decisions of President Chile Eboe-Osuji, Prosecutor Fatou Bensouda, and Registrar Peter Lewis to join the International Gender Champions leadership network, which brings together decision-makers to break down gender barriers in their respective fields of influence and responsibility.

In related statements, President Eboe-Osuji called gender balance  a “key principle” of the ICC, and Prosecutor Bensouda affirmed the need to investigate and prosecute the perpetrators of sexual and gender-based crimes committed against women and children.

NORTH AMERICA

United States | Statement by the President of the Assembly, O-Gon Kwon, Reiterating Strong Support for the ICC

In response to an unequivocally anti-ICC statement made by the US Secretary of State, Mike Pompeo, on March 15, 2019, President of the ASP, Mr. O-Gon Kwon, reiterated the states parties’ “unwavering support” for the Rome Statute.

Secretary of State Pompeo announced that the US would withdraw or deny visas to any ICC personnel investigating alleged war crimes committed by US forces or its allies in Afghanistan. The announcement comes in the wake of a similarly threatening speech by US National Security Advisor John Bolton in September 2018, in which he called the ICC “illegitimate” and warned that it would face sanctions and possibly criminal prosecution if it proceeded with its Afghanistan investigation.

President O-Gon Kwon’s response emphasized the non-political and impartial nature of the ICC and its complementary relationship with domestic jurisdictions.

United States | ICC President’s Keynote Speech “A Tribute to Robert H. Jackson – Recalling America’s Contributions to International Criminal Justice at the Annual Meeting of American Society of International Law

On March 29, 2019, ICC President Chile Eboe-Osuji delivered a keynote speech at the 113th annual meeting of American Society of International Law, which centered on the theme “International Law as an Instrument.”

President Eboe-Osuji’s speech paid tribute to Robert H Jackson, an Associate Justice of the US Supreme Court and Chief Prosecutor at the Nuremberg Trials. The President noted that in 1945 speech at the same event, Associate Justice Jackson had called for a global society in which all nations “subject themselves to the rule of international law, for the benefit of all.”

President Eboe-Osuji referenced Jackson’s renunciation of “farcical judicial trails” and “courts that are organized merely to convict” to emphasize the importance of the right to a fair trial. He argued that the ICC had avoided such miscarriages of justice through its commitment to due process, stating: “The judges now on the Court are not impressed by the prospect of unpopularity of the decisions they make. Still, we want to be sure that there is no possibility whatsoever that a judge (or even a prosecutor) may prove unduly anxious to bullying criticisms of having ‘failed,’ whenever there is a judgment of acquittal in a criminal case.”

The speech concluded with a call on the US to join the ICC – “whose values and objectives are entirely consistent with the best instincts of America and her values” –  and support the cause of international criminal justice as it had in the past.

March 2019

March 2019 - Domestic Prosecution of International Crimes Update

BY CLEO MEINICKE, RESEARCH ASSOCIATE AT PILPG-NL

This news update draws together worldwide updates concerning the prosecution of international crimes. Especially in Asia action is taken in the prosecution of international crimes. The information is collected from different online news platforms.

AFRICA

Rwanda | Genocide: Supreme Court upholds 30-year jail sentence for Bandora

Charles Bandora, who was extradited from Norway in 2013 to Rwanda for his role in the genocide in the former Ngenda Commune, was handed a 30-year jail sentence in 2015 by the High Court’s specialised chamber for international crimes. The Supreme Court now upheld the sentence. [March 23, 2019]

Uganda | Kwoyelo Trial Continues in Gulu; Prosecution to Call 130 Witnesses

On Monday, March 11, the trial of Thomas Kwoyelo, a former commander of the Lord’s Resistance Army (LRA), resumed. He is facing 93 charges of war crimes and crimes against humanity committed between January 1995 and December 2005. The trial takes place before the International Crimes Division (ICD) sitting at the High Court in Gulu. [March 14, 2019]

AUSTRALIA & OCEANIA

Australia | By sending asylum seekers to Nauru and Manus, is Australia guilty of crimes against humanity?

Independent federal MP Andrew Wilkie argued the current and previous Australian governments are guilty of crimes against humanity. The failure to meet obligations under international law with regards to asylum seekers and refugees and “to forcibly transfer anyone to a third country and to detain them indefinitely without trial” can be considered crimes against humanity under the Rome Statute. Several communiques call for Australian government officials to be investigated. [February 28, 2019]

Australia | Australia drafting laws to deport war criminals

Australia is drafting laws to punish war criminals and people suspected of committing crimes “of serious international concern.” The consequences include the cancellation of the alleged criminals’ Australian visas and immediate deportation, according to the Department of Home Affairs. An accused war criminal Zoran Tadic fled to Serbia recently to avoid being extradited to Croatia for the crimes he committed in Skabrnja in 1991. [March 11, 2019]

ASIA

Bangladesh | Investigators find war crimes evidence against 5 Mymensingh men

War crimes evidence against five people from Mymensingh has been found by the Investigation agency of the International Crimes Tribunal. The five suspects collaborated with Razakar Bahini during the Liberation War in 1971. They are alleged to have killed 45 people and abducted seven people in Dhobaura upazila of Mymensingh. [March 10, 2019]

Bangladesh | War Crimes: ICT investigators find evidence against 9 Gaibandha men

Evidence against nine Gaibandha men for committing war crimes in collaboration with Razakar Bahini during the Liberation War in 1971 was found. The crimes included killing, rape, abduction and torture. [March 24, 2019]

Myanmar | Myanmar military court to probe Rohingya atrocity allegations

According to the Myanmar army,  a military court was set up to investigate its conduct in 2017 against the Rohingya Muslim minority that caused more than 730,000 Rohingyas to flee to Bangladesh. The United Nations, Amnesty International and Human Rights Watch accuse the security forces of mass killings, rape and arson. [March 18, 2019]

Philippines | PH court hands down first conviction on terrorist for crimes against humanity

A Philippine court on Friday handed down the country’s first conviction of a terrorist for crimes against humanity and genocide and sentenced him to reclusion perpetua, a sentence fixed to 40 years. [March 15, 2019]

South Korea | South Korea region seeks to tag Japanese firms as 'war criminals'

South Korea's largest province is considering whether to stigmatize nearly 300 Japanese companies over their actions during World War II. The province is considering requiring schools to put alert labels on the firms’ products in school. The proposed practice attempts to give students a better understanding of history. The sticker would read,  “a Japanese war criminal company made the product.” The list of companies includes Nikon, Panasonic and Yamaha. [March 20, 2019]

Sri Lanka | Sri Lanka U-turns on war crimes probe

While the president of Sri Lanka Maithripala Sirisena claimed to ensure accountability for wartime abuses when he came to power in January 2015, he is now of the opinion that one should not “dig the past and re-open old wounds.” He declared that he will ask the UN Human Rights Council to reconsider a resolution that called for investigations into the killings of 40,000 ethnic Tamil civilians in the war that ended in May 2009. [March 6, 2019]

Sri Lanka | Sri Lankan army says it is ready to face any investigation on war crime

The Sri Lankan army welcomes investigations into their conduct during the nation’s decades-long civil war against the Liberation Tigers of Tamil Eelam in order to defend its soldiers against allegations of grave human rights abuses. [March 18, 2019]

 Sri Lanka | Sri Lanka Tamils demand foreign judges in war crimes probe

The United Nations granted Colombo more time for implementing the commitments the government made in 2015 with regards to past war crimes. The UN Human Rights Council in Geneva gave the government two more years, a second extension, to set up a credible investigation into the crimes committed during the civil war. The probe is expected to include a special “hybrid” court involving local and foreign judges. [March 22, 2019]

CENTRAL AMERICA/ CARRIBEANS

Guatemala & El Salvador |  Central Americans confront amnesty for war crimes

Both countries are considering legislative initiatives to grant amnesty to perpetrators of war crimes. These initiatives elicited widespread opposition. [March 7, 2019]

Guatemala | Facing Protests, Guatemala Postpones Vote on Amnesty for War Crimes

Guatemala’s Congress suspended a scheduled vote on amnesty for war crimes. Several lawmakers walked out,  and opposition victims’ groups, human rights and activists protested against it. International organizations, foreign governments and the Inter-American Court of Human Rights also called on the government not to proceed with the vote. [March 13, 2019]

EUROPE

Bosnia | Bosnia’s Updated War Crimes Strategy Languishes in Limbo

Bosnia and Herzegovina’s revised Strategy for War Crimes Processing has as a goal to complete all war crimes cases by 2023, but was removed from the agenda for a Council of Ministers session in July 2018. No explanation for this was given. The strategy will probably not be discussed until the Council’s new members are chosen. [February 26, 2019]

Bosnia & Herzegovina | 12 years in Prison for a Wartime Rapist

Saša Cvetković, a former member of Republika Srpska Army, was found guilty of the rape of two women and a double murder near Srebrenica, in 1992. Next to imprisonment, he has to pay 15.000,00 BAM to one of the victims of sexual violence to compensate for physical and mental suffering from the attack. [March 22, 2019]

Germany | Did Germany ignore thousands of leads on possible war crimes?

Evidence suggests that war criminals were seeking asylum in Germany, yet their cases remained unprocessed. Between 2014 and 2019 the Federal Office for Migration and Refugees (BAMF) referred thousands of cases of "crimes under international law" to the Federal Criminal Police Office (BKA) and the Attorney General. However, only 129 cases were investigated. [March 7, 2019]

Kosovo | Kosovo Court Acquits Ethnic Serb Of War Crimes

A court in Kosovo has acquitted an ethnic Serb on charges of war crimes due to contradictory testimonies given by witnesses.  [March 8, 2019]

Kosovo | Kosovo’s New War Crimes Strategy Faces Political Obstacles

Special Prosecutor Drita Hajdari is concerned that the new strategy to prioritize the prosecution of war crimes after years of few prosecutions cannot succeed without senior political support in both Kosovo and Serbia. Especially “Serbia should understand that punishing war crimes is also in its interest, because war criminals are moving around freely.“ [March 13, 2019]

Netherlands | Dutch police arrest Rwandan genocide suspect on extradition request

The International Crimes Unit of the Dutch police arrested a Rwandan man near Utrecht, who is suspected of having participated in the 1994 genocide in Rwanda. Rwanda requested the extradition of the suspect. [March 20, 2019]

Sweden | Sweden calls for international tribunal to bring Isis fighters to justice

Stefan Löfven, Sweden’s prime minister, called for the establishment of an international tribunal to investigate EU nationals returning home after joining terror groups who are suspected of committing war crimes. [March 7, 2019]

NORTH AMERICA

United States | U.S. Judge Strips Citizenship Of Ex-Bosnian Muslim Woman Convicted Of War Crimes

A United States judge revoked the citizenship of a Bosnian-born Muslim woman for her involvement in war crimes during the wars in the former Yugoslavia. [March 5, 2019]

United States | United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

The United States government issued a statement supporting Germany’s request to Lebanon to extradite a high-ranking Syrian official accused of war crimes and crimes against humanity. In doing so, the United States supports Germany’s exercise of universal jurisdiction. This marks a significant development in US legal practice. [March 6, 2019]

United States | US judge dismisses Namibian genocide claims against Germany

A United States court has dismissed a compensation lawsuit lodged against Germany by two Namibian tribes for genocide and property seizures in colonial times. [March 7, 2019]

SOUTH AMERICA

Colombia | Colombia war crimes: Mass protests in support of special tribunal

Colombian President Ivan Duque objected to six out of 159 articles of the law implementing a peace deal with Revolutionary Armed Forces of Colombia (FARC). The president criticised the special jurisdiction for being too lenient towards rebel commanders. The special jurisdiction also oversees the establishment of a tribunal for war crimes. This criticism may be advantageous for the dissident fighters who still refuse to adhere to the peace deal. [March 19, 2019]