April 2020

April 2020 - Southern Cameroon Updates

By: EDITIMFON IKPAT, JUNIOR RESEARCH ASSOCIATE, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

Ngarbuh Massacre Investigation Commission: Report Released 

Following the massacre that took place in Ngarbuh village, Donga Mantung in the  North West region of Cameroon on February 14, 2020, a Commission was created to “investigate the killings and provide a report within ”. On April 21, 2020, the report by the investigation commission was published in which the Cameroonian government acknowledged the responsibility of the Cameroonian army in the massacre of civilians. According to the report, victims “will be compensated” while soldiers who committed the act “will be prosecuted”.

The Human Rights Watch has recognized the publication of the report and the established responsibility of the Cameroonian army as “an important step towards justice”. Likewise, Herman J. Cohen, former US assistant secretary of state for African affairs, has pegged this step as a sign of “elements of peace starting to come together in Cameroon”. While also recognizing the positive step undertaken by the Cameroonian government, the United  Nations Commissioner for Human Rights – Michelle Bachelet – has called for a fair and transparent judicial process in establishing the accountability of the alleged perpetrators.

Election: Ruling party wins thirteen seats in the Anglophone region

The ruling party – Democratic Rally of the Cameroonian People – won the thirteen available deputy seats of the partial elections held on March 22, 2020, in the eleven electoral districts of the English-speaking regions of North – West and the South-West. The victory follows the rejected petition for a partial cancellation of the elections, brought before the Constitutional Council by the opposition party – Social Democratic Front –  on March 26, 2020. The petition was based on the grounds that some of the polling stations were moved by the elections management body without the knowledge of the voters. 

COVID-19: Humanitarian Intervention

With the closing of the borders by the Cameroonian government as a measure to curtail the spreads of coronavirus within its territory, Human Rights Watch (HRW) is concerned about the crisis in the English-speaking regions and Far North province of the state HRW considers  that a more general humanitarian response is essential to save lives within these conflict regions. Consequently, HRW has appealed to the Cameroonian government to aid in facilitating access to these conflict regions for humanitarian organizations by re-authorizing them. The Médecins Sans Frontières has called on the Cameroonian government to aid in the humanitarian situations in the Far North, North West, and South West regions in the light of the ongoing coronavirus pandemic. As these regions are in dire need of humanitarian assistance.

April 2020

April 2020 - Domestic Prosecution of International Crimes Updates

By: Sophia Zademack, Junior Research Associate, PILPG-NL

Even though many courts have minimized their hearings due to the spread of the Coronavirus, several trials are still ongoing.  States have initiated or continued the prosecution of international crimes in their domestic jurisdiction relying on universal jurisdiction.  The following article highlights some of those cases.

EUROPE

UK /Yemen | British lawyers launch a case against war crimes committed in Yemen    

UK Lawyers have filed a case through the United Nations regarding war crimes and crimes against humanity committed in Yemen.  The applications have been made using UN mechanisms, requesting the authorities to investigate further the Sanaa Funeral Hall bombing in 2016, the UAE’s use of mercenaries, and allegations of torture in secret prisons in the country.  [31 Mar. 2020]

Germany | First case against Syrian state torture in Germany        

The trial against two former officials from the Syrian government has started in Germany.  A former Syrian colonel and one of the perpetrators that worked under the colonel are under trial and accused of crimes against humanity for their alleged involvement in state torture.  The case against the colonel is considered more important since he is seen as a former representative of the Syrian government.  This is the first-ever case in Germany (and worldwide) against state torture in the case of Syria.   [23 Apr. 2020]

ASIA

Sri Lanka | War Crimes Perpetrator pardoned      

Sri Lanka's president has pardoned a soldier who was sentenced to death for war crimes involving the killing of eight civilians during the country’s civil war.  The pardoned soldier was sentenced in 2015 for blindfolding eight civilians from the Tamil ethnic group, slitting their throats and dumping their bodies into a sewer in 2000.  The pardon brought outrage from several rights activists such as Amnesty International.  [30. Mar. 2020] 

AFRICA

Chad | Habré temporarily set free      

The former president of Chad, Hissene Habre, who was found guilty of crimes against humanity and convicted in 2015, has been temporarily set free from his prison cell in Senegal.  The release was requested because of the high risk of him being infected with the coronavirus in jail.  The Senegalese authorities granted him a 60-day release on humanitarian grounds, but he will be kept under house arrest during those two months..  [7. Apr. 2020] 

SOUTH AMERICA

Brazil | State governor accusing Bolsonaro of crimes against humanity        

Rio state Governor W. Witzel criticized president Bolsonaro's defiance of guidelines from the United Nations and World Health Organization regarding COVID-19.  He added that it could be considered a crime against humanity.  Bolsonaro has attacked social isolation measures and state governors who introduced them, ignoring the advice of his own health minister, Luiz Mandetta.  [16. Apr. 2020] 

March 2020

March 2020 - Domestic Prosecution of International Crimes Updates

By: Sophia Zademack, Junior Research Associate, PILPG-NL

This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources. 

EUROPE

Netherlands | Netherlands start trial in the MH17 case

The first hearings of the MH17 case started in absence of the four suspects accused of muder for their alleged involvement in the crash of the Malaysia Airlines Flight MH17 in 2014.  To continue the trial in absentia, it had to be proven that the indictments were valid. In this regard, the court decided that the indictments were valid and that it had no doubt that the suspects were aware of the proceedings initiated against them.  [March 9, 2019]

Germany | Several trials against former IS members have started

In the city of Koblenz, the trial against two former Syrian Intelligence Officers accused of participating in crimes against humanity will start mid-April.  This month, the court allowed the claim and opened the main proceedings.  Also, the trial against the widow of a former IS fighter has started in Hamburg.  The woman is accused of keeping a 12-year-old as a slave.  Furthermore, the court of Frankfurt has opened the main proceedings against a former IS fighter who is charged with crimes against humanity and genocide.

Switzerland | Swiss tights group accuses Jammeh ally of pillaging   

Trial International, has filed a criminal complaint against a former associate of ex-president Yahya Jammeh, Nicolae Bogdan Buzaianu, over illegal timber trade.  The exported timber was illegally felled in neighboring Casamance where the separatist armed group has been fighting the Senegalese army for decades.  Mr. Buzaianu is accused of having pillaged conflict timber. [March 23, 2020]

THE AMERICAS

Guatemala | Defense motion challenging jurisdiction in the Maya Ixil case dismissed   

In the Maya Ixil case, a defence motion challenging the jurisdiction of the court was dismissed.  The trial against three senior military commanders charged with genocide, crimes against humanity, and force disappearance then entered the evidentiary phase.  [March 11, 2020]

United States | Judge approves extradition of Bosnian war rape suspect   

The US Federal Court in Missouri approved the extradition request of Adem Kostjerevac to Bosnia and Herzegovina, who is wanted for trial in Sarajevo on war crimes charges.  The Bosnian prosecution accuses Mr. Kostjerevac, a former military policeman with the Bosnian Army’s First Muslim Brigade in Zvornik, of raping a pregnant Serb woman who was being detained in a building that he was guarding in 1992.  [March 23, 2020]

AUSTRALIA

Australia | Video released that shows Australian soldiers in Afghanistan shooting a civilian in the head   

A video release, showing three Australian soldiers shooting a civilian in the head, points new attention to this incident.  The shooting had already been discussed by the Australian Defence Investigation Unit and was understood as a lawful killing as the soldiers acted in self-defense.  The video that was now published contradicts the situation that was described by the soldiers during the investigation. The Defence Investigation Unit later said that the situation was under review and that investigations into whether the situation constitutes a war crime are  still ongoing. [March 17, 2020]

AFRICA

South Africa | Court Rejects Extraditions of Suspected War Criminal and Arms Trafficker   

A Dutch war criminal and arms trafficker, G. Kouwenhoven was sentenced to 19 years in prison by Dutch courts.  He is understood as one of the key figures in Mr. Taylor’s regime in Liberia.  As Mr. Kouwenhoven is currently living in South Africa, the Dutch authorities issued an extradition request, which was dismissed by a South African court.  This reasoning of the South African court was that extradition is only possible if the offenses have been committed within the territorial jurisdiction of the state requesting extradition.  [March 18, 2020]

March 2020

March 2020 - International Criminal Court Updates

By: Shraddah Dubey, Junior Research Associate, PILPG-NL

This month, the International Criminal Court (ICC) witnessed developments in four cases: the Afghanistan situation, The Prosecutor v. Dominic Ongwen, The Prosecutor v. Saif al-Islam Gaddafi, and, The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona. Furthermore, the Court took certain measures concerning the current COVID-19 outbreak. 

ASIA

Afghanistan | ICC Appeals Chamber unanimously authorizes investigation into the Afghanistan Situation

On 5 March 2020, the ICC Appeals Chamber unanimously decided to authorize the Office of the Prosecutor (OTP) to commence an investigation into the alleged crimes committed on the territory of the Islamic Republic of Afghanistan since 1 May 2003.

The Appeals Chamber overturned the decision and declared that the Pre Trial Chamber cannot review concerns of interest of justice while deciding whether to authorize an investigation by the Office of the Prosecutor.  It also clarified that the scope of the investigation was not restricted to the incidents specifically mentioned in the Office of the Prosecutor’s authorization request but could also include investigating any alleged crime within the jurisdiction of the Court occurring within the limits of the authorized situation.  the Appeals Chamber decided to authorize the opening of an investigation itself, rather than to send the matter back to the Pre-Trial Chamber for a new decision.

AFRICA

Uganda | Deliberation on the The Prosecutor v. Dominic Ongwen case after submission of closing statements

From 10 to 12 March, 2020, closing statements in the case of The Prosecutor v. Dominic Ongwenwere made. Dominic Ongwen is accused of 70 counts of war crimes and crimes against humanity allegedly committed in Northern Uganda.  The Court’s Trial Chamber IX, will now deliberate on the proceedings and, within a reasonable period, pronounce its decision on conviction or acquittal of the accused.  

Libya | Saif Al-Islam Gaddafi case confirmed as admissible before the ICC

On 9 March 2020, the Appeals Chamber of the Court unanimously confirmed the admissibility of the case against Saif Al-Islam Gaddafi.  The decision rejected his appeal against the Pre-Trial Chamber I’s decision dismissing his challenge to the admissibility of the case.

The Appeals Chamber recalled that the Court is "complementary to national criminal jurisdictions".  A case is inadmissible when a person "has already been tried" and no person "who has been tried by another court" for crimes under the ICC jurisdiction shall be tried by the ICC with respect to the same conduct.

Central African Republic | Presidency of the International Criminal Court (ICC) constitutes Trial Chamber V 

On 16 March 2020, The Presidency of the International Criminal Court (ICC) constituted Trial Chamber V, which will be in charge of the case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona.  

Trial Chamber V will now be in charge of the conduct of the trial in this case.  The Chamber will hold status conferences, confer with the parties and participants in order to set the date of the trial and adopt the procedures necessary to facilitate the conduct of the proceedings.

ICC 

COVID-19

The Court has taken account of the outbreak of COVID-19 and declared that all staff members based in The Hague will be working remotely until 31 March 2020 .  All visits to the Court have also been canceled.

On 26 March 2020, Pieter de Baan, Executive Director of the Trust Fund for Victims at the Court declared that The Fund had adapted to new routines in an effort to contain COVIS-19 and reiterated its commitment to support victims while navigating the impact of COVID-19.  

Statement concerning recent threats made against staff and their families

On 19 March 2020, the Court took note of statements alluding possible sanctions, by the United States, against the Court officials and staff and their families. The Court affirmed its commitment to its mandate of fighting impunity for the world’s gravest crimes and declared to stand by all its officials and staff who work to fulfill this mandate. 

March 2020

March 2020 - Southern Cameroon Updates

By: Editimfon Ikpat, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

COVID-19

Covid-19: UN Secretary General calls for ceasefire

On March 23, 2020, the United Nations (UN) Secretary General  – Antonio Guterres – called for a global ceasefire. In response to this call, the Southern Cameroons Defence Forces (SOCADEF) declared on March 26, 2020 that it was temporarily halting hostilities from March 29 to April 12, 2020, “in order to permit international humanitarian preparation for the COVID-19 prevention”. So far, SOCADEF is the only armed group that has observed this call by the UN for a ceasefire.

Covid-19: Ceasefire rejected by Ambazonia Coalition Team and Ambazonia Governing Council

The Ambazonia Coalition Team (ACT)  and the Ambazonia Governing Council (AGC) have refused to heed to this call. This refute is based on the position that the UN should order the Cameroonian President – Paul Biya – to immediately withdraw its army from the territory of Ambazonia, end its genocidal war and, thereby allow humanitarian assistance into the region. Likewise, the Acting Interim Government President of Ambazonia – Samuel Sako, although expressing the desire of the Interim Government to drop its arms, said that this will only be achievable where the ceasefire is internationally monitored  within the framework of a negotiated settlement. The Cameroonian government is yet to respond to the global call for a ceasefire. 

Covid-19:  National Commission for Human Rights and Freedoms calls for a reduction in prison population

The National Commission for Human Rights and Freedoms has issued a report calling for the reduction of the prison population. In the Report published on March 26, 2020, the “veritable enclosed and confined spaces” of the prisons made combating the Covid-19 pandemic an impossible task. As a result, it was suggested by the Commission that in order to stop the prisons from becoming a breeding ground for coronavirus, measures should be taken to immediately reduce prison congestion. The government is yet react to these recommendations

MAJOR NATIONAL DIALOGUE: COMMISSION FOR IMPLEMENTATION OF RECOMMENDATIONS 

The Cameroonian President – Paul Biya – has created a Committee, presided by the Prime Minister, Dr. Joseph Dion Ngute,  to follow up the implementation of the recommendations of the Major National Dialogue. The Dialogue, convened between September 30 and October 4, 2019, between the Cameroonian government and various opposition parties aimed to resolve the Anglophone crisis. The Commission is to “mobilise Cameroonians to actively take part in the process of peace building and development”.