May 2020

May 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

France | Rwandan Genocide suspect arrested        

The French police have arrested 84-year-old Félicien Kabuga near Paris.  Kabuga is accused of financing the killings of the Rwandan Genocide and was one of the world’s most wanted men.  Allegedly, he created the Interahamwe militia and equipped it with the machetes used in the majority of its murders.  As one of Rwanda’s richest men, he also ran the Radio Télévision Libre des Mille Collines, which incited murder during the genocide.  He will now appear before local magistrates in France before being transferred to the custody of the International Residual Mechanism for Criminal Tribunals in The Hague to stand trial. [16 May 2020]

Switzerland | Oil trading company accused of war crimes by NGO          

The NGO Trial International has filed a criminal complaint for complicity in pillage against the Swiss company Kolmar Group.  The investigations retraced the transnational network of gasoil smuggling from Libya.  The Kolmar Group is alleged of purchasing more than 50,000 tonnes of smuggled gasoil between 2014 and 2015, which could constitute complicity in pillage.  Pillage is a war crime under the Rome Statute and also under the Swiss Criminal Code.  The Office of the Swiss General Attorney will now take up further investigations. [24 May 2020]

Germany | Germany starts proceedings against a German/Tunisian woman, accused of crimes against humanity.         

Germany started the proceedings against a woman that allegedly committed crimes against humanity while living in Syria with her family.  A 13 year old Yazidi girl allegedly was held as a slave by the accused woman and after several months passed on to another family.  The woman joined the IS in 2015 and moved back to Germany in 2016.  In 2019 she was arrested in Hamburg where the proceedings take place.  [4 May 2020]

THE AMERICAS

Colombia | No pardons or amnesties for war crimes or crimes against humanity         

Colombia will offer individuals who leave crime gangs and rebel dissident groups legal benefits, including reduced sentences in an effort to weaken illegal armed groups, Colombia’s high peace commissioner said.  Those who voluntarily surrender will get legal benefits such as reductions in jail sentences and access to an up to six-year reintegration process that includes economic support.  However, the peace commissioner also made clear that there will not be pardons or amnesties for those responsible for war crimes or crimes against humanity.  [30 Apr. 2020]

Brazil | Argentine fugitive from dictatorship arrested in Brazil        

Brazil's federal police agency has arrested a former Argentine navy officer accused of dictatorship-era crimes, including crimes against humanity and kidnapping.  Argentina's foreign ministry confirmed the identity in a statement, saying that the man was Gonzalo Sánchez, also known as „Chispa".  He is suspected of forming part of a group that assassinated students, union members and opposition politicians.  Brazil plans to extradite him to Argentina. [12 May 2020]

AUSTRALIA

Australia | War veteran might face charges for war crimes       

One of Australia’s decorated Afghan veterans possibly faces charges for alleged war crimes.  Official sources have confirmed that federal agents have submitted evidence concerning the allegations to prosecutors.  The evidence outlines that the veteran kicked a defenseless prisoner off a cliff and covered up the subsequent murder during a mission in Afghanistan in September 2012.   [7 May 2020]

AFRICA

Central African Republic | Massacre leads to investigations about war crimes and crimes against humanity        

The prosecutors of the Central African Republic (CAR) announced an inquiry on suspected war crimes and crimes against humanity after more than two dozen people were massacred in the Central African Republic.  Around 30 corpses were found, including a mother and her baby.  According to the prosecutor, the leaders of the armed groups that conducted the attack are the main suspects.  [7 May 2020]

April 2020

April 2020 - International Criminal Court Updates

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

In the past month, the International Criminal Court released developments regarding one case and updated its measures against COVID-19. It also acknowledged the passing away of Felipe Michelini, Chair of the Board of Directors of The Trust Fund for Victims at the ICC.

AFRICA

Mali | ICC Pre-Trial Chamber I accepts amendments to the charges in the Al Hassan case

On 23 April, 2020, Pre-Trial Chamber I of the ICC issued a confidential decision partially granting the Prosecutor's request to modify the charges against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud (Mr. Al Hassan). 

The Chamber decided to include in the charges additional facts that will be added to the existing charges of Crimes against Humanity of sexual slavery, rape, persecution, and other inhumane acts including forced marriage. Also included in the charges are charges of War Crimes of cruel treatment, sexual slavery, rape, outrages upon personal dignity, and passing of sentences without previous judgment pronounced by a regularly constituted court affording all judicial guarantees which are generally recognized as indispensable. 

ICC OPERATIONS

COVID-19 | Measures Extended

The Court’s measures in accordance with the policies of the Host State, The Netherlands means that staff members based in The Hague continue to work remotely until 19 May, 2020 included (subject to review). All visits to the Court remain canceled.

The Trust Fund for Victims | Felipe Michelini Passes Away

On 20 April, 2020 The Trust Fund for Victims at the ICC announced the passing of Felipe Michelini, Chair of the Board of Directors, on Sunday, 19 April 2020. Felipe Michelini was elected to the Board of Directors of The Trust Fund for Victims first in 2015. He became the Chair of the Board upon election in 2018.

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]