International Criminal Court (ICC)
CONGO, DR: ICC delays preliminary hearing for Bosco Ntaganda, former M23 rebel leader
The ICC postpones the confirmation of charges hearing for Congolese war crimes suspect Bosco Ntaganda in order to give prosecutors more time to prepare their case. The hearing, which was scheduled to begin on September 26, will not start until February 10, 2014. At the hearing, the judge will decide whether there is sufficient evidence to support the ten prosecution's charges. Ntaganga is accused of recruiting child soldiers during the Democratic Republic of the Congo's five year war. The Congolese general voluntarily turned himself over to the ICC in March following his surrender to a US embassy in Rwanda, marking the first time a wanted person has voluntarily surrendered to the ICC. On the other hand, Jean-Pierre Bemba, former vice president of DR Congo accused of crimes against humanity by the ICC, will testify in his own defense in his trial after the court's summer judicial recess. (All Africa, 27/06/13; Jurist, 19/06/13)
CÔTE D'IVOIRE: ICC postpones proceedings against former Côte d’Ivoire president
Judges at the ICC gave prosecutors until November 15 to develop their evidence against former Ivory Coast President Laurent Gbagbo. Gbagbo is the first former head of state to come before the court and is charged with crimes relating to the civil war that broke out when he refused to step down after the 2010 election. The judges expressed dismay at the quality of evidence submitted, insinuating that it was not strong enough to merit a trial, but not weak enough to dismiss the charges. Specifically, the court recommended that the prosecution strengthen the proof that the election-based violence was related to Gbagbo's political chain of command. (RNW, 28, 05, 03/06/13; Jurist, 04/06/13)
SENEGAL - CHAD: Senegal police arrest Chad former leader Hissène Habré
Former Chad President Hissène Habré, who has lived in Senegal for more than two decades, has been arrested by the country's Police. Habré is wanted for alleged atrocities during his eight-year rule. Mr Habré's lawyer El Hadji Diouf said he was taken from his home in Dakar by paramilitary police to an unknown location. The 70-year-old has been under house arrest since 2005 in Senegal, where he fled after being deposed in 1990. He denies killing and torturing tens of thousands of his opponents. Last year the UN's International Court of Justice (ICJ) ordered Senegal to put him on trial or extradite him to face justice overseas. (Europa Press and BBC, 30/06/13)
CHAD – SUDAN: Chad slammed for failure to arrest Bashir
Chad slammed for failure to arrest Bashir: The ICC Prosecutor accused Chad of repeatedly violating its obligation to cooperate with the Court and arrest Sudanese President Omar Al Bashir, who is under two ICC arrest warrants. Presenting a report to the UN Security Council on Wednesday, Fatou Bensouda stressed that Bashir has visited N'Djamena twice since the beginning of the year without any worries, even though Chad is a State Party to the ICC's founding treaty, the Statute of Rome. (Hirondelle News, 07/06/13)
ISRAEL – PALESTINE: The AP will attempt to join the ICC if Kerry peace initiative fails
The chief Palestinian negotiator, Saeb Erekat, has said that the Palestinian Authority will attempt to join international organizations, including the ICC, should peace initiatives introduced by US Secretary of State John Kerry fail. Erekat has pointed out that Kerry should pressure Israel to accept the two-state solution, stop building settlements and release Palestinian prisoners. In this regard, he has stressed that the Israeli government decision announced by the NGO Terrestrial Jerusalem to build 1,100 new settlements in East Jerusalem "destroys" the peace efforts made by Kerry. (Europa Press, 02/06/13)
KENYA: ICC delays cases of William Ruto and Uhuru Kenyatta
The ICC conditionally grants the request of Kenyan Vice President William Ruto to be excused from parts of his upcoming trial. The Trial Chamber, however, will still require Ruto to be present for certain parts of his trial, such as for opening and closing statements and for presentations by victims. The Chamber also stated that this conditional grant is for the purpose of allowing Ruto to continue fulfilling the demanding requirements of his position as vice president. Any violation of the conditions may result in the Chamber's withdrawal of the grant. Ruto's trial is set to begin on September 10. The ICC has also recommended parts of the trial should be held in Kenya or Tanzania. Mr Ruto denies orchestrating 2007 post-election violence, as does fellow indictee President Uhuru Kenyatta. The ICC has set November 12 this year as the new start date for Kenyatta's trial originally scheduled in July. (Hirondelle News, Jurist, 20, 21/06/13; Jurist, 18/06/13; BBC, 03/06/13)
LIBYA: ICC rules Libya cannot try Gaddafi son
The pre-trial chamber of the ICC rejects a challenge by the Libyan government to the court's jurisdiction over Saif al-Islam Gaddafi, the son of Libya's deposed leader Muammar Gaddafi. The ICC ordered the Libyan government to turn over Saif al-Islam, who is currently being held in Zintan, Libya, where he is facing war crimes charges in a Libyan court. The Libyan government may appeal the ICC ruling. Saif al-Islam Gaddafi will be tried in August and Prime Minister of Libya, Ali Zeidan, has said that the accused will receive a fair trial. However, the Saif al-Islam Gaddafi's lawyer fears that his client will be given the death penalty in Libya, and will have no opportunity for appeal. (BBC, 17/06/13; Europa Press, 03/06/13; Jurist, 19, 01/06/13)
RWANDA: Rwanda suspends implementation of its decision to transfer
The International Criminal Tribunal for Rwanda (ICTR) has suspended the transfer of Bernard Munyagishari, a local leader in the former ruling party of the late president Juvénal Habyarimana, to Rwanda. His transfer was suspended pending an ICTR decision on a defence submission claiming the rights of another ICTR detainee already transferred to Rwanda have been violated. On the other hand, a Swedish court handed down a life sentence on Stanislas Mbanenande, a Rwandan with Swedish nationality, for his role in the 1994 genocide. Mbanenande was found guilty of participating in several massacres of Tutsis in Kibuye region in 1994. He plans to appeal, according to his lawyer. This was the first trial in Sweden in connection with the Rwandan genocide. (Hirondelle News, 21/06/13)
SUDAN: ICC suspect seen at new Sudan crime scenes, according to HRW
The chief prosecutor of the ICC expressed frustration over the situation in Darfur. Presenting the ICC's briefing to the UN Security Council, Fatou Bensouda characterized the situation as having "gone from bad to worse," citing the fact 300,000 people have been displaced in the first five months of 2013, more than were displaced in the last two years. Bensouda outlined the continuing humanitarian crisis in Darfur: the ongoing aerial bombardments in Darfur, which can only be attributed to one party in this conflict; the use of sexual violence as a weapon of war; the deliberate imposition of restrictions on delivery of humanitarian aid even in the face of an urgent humanitarian crisis; and the ongoing impunity for these crimes are major problems. On the other hand, Ali Kosheib, former militia leader turned officer of the Sudan Central Reserve Police, was spotted in an attack against Salamat communities in Central Darfur in April, according to Human Rights Watch (HRW). Kosheib, also known as Ali Mohammed Ali, faces a 2007 arrest warrant from the ICC for crimes against humanity and war crimes in West Darfur in 2003 and 2004. Human Rights Watch (HRW) alerted the ICC after interviewing refugees who fled the attack via the Chadian border last month. The refugees indicated that Kosheib appeared to be involved in the attacks by groups of men that used police-style vehicles, equipment and uniforms. HRW noted that the UN Security Council will be briefed by the ICC prosecutor this week and called on the Security Council to pressure Sudan to surrender Kosheib. (Jurist, 03, 06/06/13)
    Ad Hoc International Criminal Tribunals
CAMBODIA: Cambodia criminalizes denial of Khmer Rouge atrocities
Cambodia's National Assembly unanimously approved a bill making it a crime to deny that atrocities were committed the Khmer Rouge regime. Critics including Human Rights Watch (HRW) the law is merely a ploy to paint the opposition as sympathetic to the former regime. Cambodian Prime Minister Hun Sen said that he wants to punish those people who deny that atrocities occurred during the 1970s Khmer Rouge regime, which was widely held responsible for the deaths of 1.7 million people. (Jurist, 07/06/13)
USA – BALKANS: New York man extradited to Bosnia and Herzegovina to face war crimes charges
New York resident Sulejman Mujagic has been extradited to his native country of Bosnia and Herzegovina (BiH) for war crimes committed in the 1990s. His extradition is the result of charges for allegedly killing and torturing enemy soldiers during the Bosnian War. Mujagic was fighting for the Army of the Autonomous Province of Western Bosnia when he and his men allegedly killed an enemy combatant with an AK-47, as well as kicked and beat enemy combatants with rifle stocks. At a detention hearing in December, Mujagic denied all charges against him. The International Criminal Tribunal for the former Yugoslavia (ICTY) and the BiH war crimes court have continued to prosecute those accused of atrocities during the Balkans conflict. Last month the ICTY acquitted two former Serbian secret police officials of charges of war crimes and also convicted six Bosnian Croat political and military leaders for persecuting, expelling and murdering Muslims during the Bosnian War. The ICTY marked its twentieth anniversary last month. The BiH war crimes court was established in 2002. (Jurist, 04/06/13)
    Ordinary Justice and Traditional Justice Systems
ARGENTINA: Argentina convicts former interior minister for 'Dirty War' crimes
An Argentine court on Thursday sentenced former Interior Minister Jaime Smart to life in prison for crimes against humanity during the nation's 1976-1983 "Dirty War". Smart is the first civilian minister to be convicted for "Dirty War" crimes, although other civilians and police officers have been convicted in previous proceedings. Smart was specifically convicted for the murder of Jorge Rubinstein and detaining approximately 43 people in "circuit camps." Twenty-two others were also convicted of various crimes committed during the "Dirty War," including the former chief of investigative police. (Jurist, 13/06/13)
BANGLADESH: Bangladesh war crimes court to try 2 in absentia
The International Crimes Tribunal Bangladesh (ICTB) [official has ordered Chowdhury Mueen-Uddin and Ashrafuzzaman Khan to be tried in absentia for the alleged murders of 19 intellectuals and 11 crimes against humanity committed during the 1971 independence war. Khan is a US citizen, and Mueee-Uddin is a British Muslim leader. Both men could face the death penalty for their crimes. (Jurist, 26/06/13)
CENTRAL AFRICAN R: Central African Republic issues arrest warrant for ousted leader Bozize
The chief prosecutor of the Central African Republic (CAR), announces that the country has issued an arrest warrant for former president Francois Bozize. The charges include crimes against humanity and inciting genocide. Bozize also stands accused of several murders, summary executions, and other abuses during his two-term presidency that ended when he was overthrown earlier this year. Bozize is currently living in exile in Cameroon. (Jurist, 01/06/13)
CHILE: Chile to block extradition for Carmelo Soria 'killers'
Chilean authorities have recommended dropping the extradition process to Spain of six former members of the country's 1970s secret police. The men are wanted in Madrid for their alleged role in the kidnapping and murder of a Spanish diplomat during Chile's military rule. Prosecutor Monica Maldonado said the accused men are already in Chilean prisons. UN worker Carmelo Soria was kidnapped, tortured and murdered in 1976.Some 3,000 people were killed and many more disappeared during Gen Augusto Pinochet's rule from 1973 to 1990. (El País, BBC, 15/06/13)
EGYPT: Victims' lawyers excluded from Mubarak retrial
Mohamed Kamel Al-Rashidi, the presiding judge for the retrial of ousted Egyptian president Hosni Mubarak barred lawyers representing victims' families from participating in the hearings. This ruling was based on the decision to separate Mubarak's criminal trial from a civil case for damages, which means that lawyers of victims' families will not be allowed to take part in the current hearing. This ruling leaves state prosecutors and Mubarak's defense lawyers as active participants in the hearing, which has been adjourned to July 6 when new evidence will be presented to the court. ((AFP, 10/06/13; El País, Jurist, 07/06/13)
PERU: Peru's ex president Alberto Fujimori is denied pardon
Peru's President Ollanta Humala has rejected a request to pardon the jailed former leader Alberto Fujimori on humanitarian grounds. Mr Humala said the former president was "not terminally ill". Mr Fujimori, who was in office between 1990 and 2000, is serving a 25-year sentence for human rights violations. His family says his health is worsening and he could die in prison. (Jurist, Deutsche Welle, El País, 06/06/13)
    Peace talks
COLOMBIA: Broad participation in the Regional Peace Tables to address the issue of victims
Victims of Valle del Cauca, and Nariño attend the fifth regional peace tableand put forward their proposals to the fifth item on the agenda: the victims. More than four regional tables still remain to be organized in Pretoria, Neiva and Ibagué. This is the second round of regional tables. The first table dealt with the agricultural development policy and political participation. In the five tables that have until now dealt with the issue of reparation to the victims about two thousand people and 700 social organizations from four regions were involved. (El Espectador, 07/06/13)

Weeks before the expiration of the original term for the Justice and Peace Law, demobilized paramilitaries during Alvaro Uribe's government have failed to deliver goods for reparation to the victims. The norm, adopted in mid-2005, was valid for eight years and gave former paramilitary groups the benefit of much lower sentences for their crimes in exchange for truth, justice and reparation. And despite international criticism that the sentences have not reached key paramilitary chiefs who, however, have spent all these years in jail, redress is the area where least progress have been achieved. (El Tiempo, 12/06/13)

The International Criminal Court (ICC) is monitoring the steps taken in the peace talks between the FARC and the government that are taking place in Havana as the agreements could have some implications for the preliminary study of the Colombian case the ICC Prosecution has undertaken since 2005. ICC analysts, Daniel Ulmer and Eugenia Valenzuela, were in Bogotá at the Conference on Prosecution of International Crimes, organized by the Ministry of Justice at Javeriana University. (El Tiempo, 21/06/13)
UNITED KINGDOM – KENYA: British government to make Mau Mau apology
The UK government is to apologize and pay compensation to those tortured during the Mau Mau uprising in Kenya in the 1950s, the BBC understands. Foreign Secretary William Hague is expected to announce compensation in the region of £14m ($20m).More than 5,000 Kenyans say they were mistreated - some through torture - by the then-British administration. The British fought a bitter battle with Mau Mau insurgents who were demanding land and an end to colonial rule. Victims have been fighting for compensation from the UK government for a number of years. (Jurist, BBC, 06/06/13)
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