War Crimes Prosecution Watch November 7

War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov.
7, 2011
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FREDERICK K. COX INTERNATIONAL LAW CENTER
WAR CRIMES PROSECUTION WATCH

Volume 6 - Issue 16 November 7, 2011
EDITOR IN CHIEF John K. Sawyer MANAGING EDITORS Emily Werner Rachel Wolbers SENIOR TECHNICAL EDITORS Boris Block Cameron MacLeod
Michael P. Scharf and Brianne M. Draffin, Advisors
War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type "subscribe" in the subject line.
Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.
Contents
INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda
The Monitor: Uganda: Country Moves to Enhance Witness Safety in War Crimes BembaTrial.org: Former Army Officer Recounts Rapes Murders by Boziz Rebels BembaTrial.org: Witness Transported Bemba and his Soldiers to Bangui BembaTrial.org: Bemba Trial Witness Worried About Safety of Family BembaTrial.org: Witness Questioned About Picture's of Bemba's Fighters BembaTrial.org: Bemba Trial Adjourns as Witness Reported Unable to Continue Testimony
Democratic Republic of the Congo

KatangaTrial.org: Germain Katanga Completes Testimony Before the ICC
Kenya
ICCKenya.org: Kenyan Chief Justice Outlines Progress in Judicial Transformation ICCKenya.org: ICC Judges to Issue Simultaneous Decision in Two Cases Capital News FM: Verdict in ICC Kenya Cases Due Mid-January 2012
http://publicinternationallawandpolicygroup.org/wp-content/uploads/2011/04/wcpw_vol0... 11/11/2011
War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov. 7, 2011
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Libya
Agence France-Presse: Kadhafi Son Seif Al-Islam Near Niger border: Tuareg Source Reuters: Gaddafi Son, Intelligence Chief "Want To Surrender" CNN: Lawyer: Gadhafi Family To File War Crimes Complaint Against NATO The Guardian: Gaddafi Killer Faces Prosecution, Says Libyan Interim Government The Guardian: International Criminal Court Confirms That Saif Al-Islam Gaddafi Has Made Contact Reuters: ICC Fears Son of Libya's Gaddafi May Flee Justice The Guardian: Libya Insists Saif Al-Islam Gaddafi Should Be Tried At Home Reuters: With Future For Saif Al-Islam Unknown, Niger Wary Agence France-Presse: ICC Still Negotiating Surrender Terms With Kadhafi Son
AFRICA
International Criminal Tribunal for Rwanda
Hirondelle News Agency: Rwanda Tribunal to Free Convict Early Hirondelle News Agency: ICTR to Deliver Judgment in the Case of Former Rwandan Mayor November 17 Hirondelle News Agency: Former Senior Public Officer Supports Ngirabatware's Alibi Defence Hirondelle News Agency: Ex-Planning Minister's Trial Adjourned to Next Year Hirondelle News Agency: Prosecution's Testimony in Special Hearings for Kabuga Ends Hirondelle News Agency: European Human Rights Court Greenlights Extradition to Rwanda Hirondelle News Agency: Appeals Verdict for Bagosora and Others on December 15 Hirondelle News Agency: Appeals Hearing for Two Genocide Convicts in Mid-December Hirondelle News Agency: Planning Minister's Judgment Not Before June Hirondelle News Agency: Residual Mechanism to Seek Host Countries for ICTR Acquitted
Special Court for Sierra Leone

Awareness Times: Special Court Orders Sierra Leone Government to Back-Off! AFP: Sierra Leone War Criminals Complain About Rwanda Jail Treatment AllAfrica.com: Rwanda: RCS Dismisses Sierra Leonean Prisoner's Claims
EUROPE
Court of Bosnia & Herzegovina, War Crimes Chamber
The Court of Bosnia and Herzegovina: The First Instance Verdict in the Case of Zoran Babic et al Revoked The Court of Bosnia and Herzegovina: Pronouncement of the Verdict in the Ljubisa Vranjes and Another Case The Court of Bosnia and Herzegovina: Mirsad Vatrac Ordered into Custody The Court of Bosnia and Herzegovina: Zemir Kovacevic Ordered into Custody The Court of Bosnia and Herzegovina: Ljubisa Vranjes and Mladen Milic Sentenced to 10year Imprisonment Each The Court of Bosnia and Herzegovina: Momir Pelemis and Slavko Peric Found Guilty of Genocide The Court of Bosnia and Herzegovina: Status conference in the Drazen Mikulic Case
International Criminal Tribunal for the Former Yugoslavia
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International Criminal Tribunal for the former Yugoslavia: Vojislav Seselj Contempt Case Judgement To Be Rendered On 31 October 2011 Institute for War & Peace Reporting: Omarska Witness Speaks of "Heaps of Bodies" International Criminal Tribunal for the former Yugoslavia: Vojislav Seselj Sentenced to 18 Months' Imprisonment for Contempt of the Tribunal International Criminal Tribunal for the former Yugoslavia: ICTY Prosecutor and OSCE Say the Justice System of Bosnia and Herzegovina is Capable of Efficiently Processing War Crimes Cases International Criminal Tribunal for the former Yugoslavia: Vojislav Seselj Closing Arguments to be Heard From 5 March 2012 International Criminal Tribunal for the former Yugoslavia: Vojislav Seselj Contempt of the Tribunal Further Initial Appearance on 4 November 2011
Domestic Prosecutions In The Former Yugoslavia

EurActiv.com: Croatian Leader Tries to Ease Tensions Over War Crimes Law Swissinfo.ch: Court Jails Two Bosnian Serbs Over Srebrenica Genocide Reuters: Bosnian Serb Arrested Over Wartime Sarajevo Killings Associated Press: Ex-Croat Minister Arrested Over Post-War Killings
MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia
VOA Khmer: Nuon Chea Team Files Complaint Against Hun Sen, Others VOA Khmer: In Battambang, Two Tribunal Suspects Remain Elusive VOA Khmer: Term Most Responsible' Remains Vexing for Tribunal VOA Khmer: After UN Visit, Increased Stakes for Tribunal Credibility Phnom Penh Post: Cayley Retracts 003 Statement Phnom Penh Post: KRT Will Hear Case 002 Allegations of Atrocities VOA Khmer: UN Prosecutor Says Clouds' Hang Over Tribunal
Special Tribunal for Lebanon

Voice of America: Hariri Assassination Still Clouds Lebanese Politics Special Tribunal for Lebanon: Defence Office Assigns Duty Counsel to Ensure the Rights of the Accused The Daily Star: 60 Victims to Participate in Trials against STL Accused The Special Tribunal for Lebanon : Defence Office Press Release - Duty Counsel
Bangladesh International Crimes Tribunal

Bangladesh News 24: Gov't MPs Seek Action Against Khaleda Bangladesh News 24: ICT Hears Plea Against Its Chief Nov. 13 Bangladesh Sangbad Sangstha: Lawmakers Urge SC to Take Action Opposition Leader For Obstructing War Crime Trials Bangladesh News 24: Hasina Slams Khaleda For 'Opposing' War Crimes Trial Financial Express: Sayadee Stands Trial Today Bangladesh News 24: Sayedee Trial Put Off Until Nov. 20 Zee News: Tribunal to Seek Top B'desh Jamaat Leader's Arrest Bangladesh Sangbad Sangstha: Formal Charges Against Four Top Jamaat Leaders Dec. 5 The Daily Star: Defense Cross-Examined 5th Witness
NORTH AND SOUTH AMERICA

United States
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Bloomberg: Rio Tinto Genocide Claims Reinstated by U.S. Appeals Court The Washington Post: Trooper Describes Jihadist Materials Found in Home of Mass. Man Accused of Helping al-Qaida The Washington Post: Guantanamo Authorities Reading Attorney-Client Mail, Lawyers Say Reuters: Army Sergeant Shot Afghan "With a Smile": Witness Reuters: Guantanamo Court Can't Free Bomb Suspect, U.S. Says
TOPICS
Terrorism
Xinhua: Terrorists to be Named, Assets Seized Al Jazeera: Kenya Blast Suspect Claims Al-Shabab Ties The Washington Post: Indonesian Court Slashes Radical Islamic Cleric's Prison Sentence from 15 Years to 9 CNN: Moroccan Court Sentences Marrakech Attacker to Death The Washington Post: Wife of Bali Bombing Suspect Goes on Trial on Charges of Immigration Violations
Piracy
Associated Press: UN Council Calls for Criminalization of Piracy Firstpost: UNSC Adopts India-Co-Sponsored Resolution on Piracy Gulfnews: Ten Somali Pirates Sentenced to Life Imprisonment Associated Press: Accused Pirate's Attorney Wants Charges Dismissed
Universal Jurisdiction
India Today: War Crimes Case Filed Against Sri Lankan President Mahinda Rajapaksa in Australia Court
Gender-Based Violence
Allafrica.com: Africa: U.S. Works for Reform of Nationality Laws that Hurt Women BembaTrial.org: Congolese Soldiers Gang-Raped Women on Central African Ferry The UN News Centre: UN Agencies Join Forces to Combat Human Trafficking and Migrant Smuggling
REPORTS
UN Reports
The UN News Centre: Ban Stresses Importance of Accountability as Sri Lanka Recovers From Civil War ICC Chief The UN News Centre: UN Panel Approves Over $1 Billion For Victims of Iraq's Invasion of Kuwait
NGO Reports
AFP: Israel Forcing Palestinians out of Rast Jerusalem: NGO
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TRUTH AND RECONCILIATION COMMISSIONS

Brazil
AFP: Brazil Approves Truth Commission on Rights Abuses
Canada
AnglicanJournal.com: University Apology "One of the Most Important"
Nigeria
The Nation: Court Restrains Amosun from Probing Dipo Dina's, Others' Killings Daily Times: Court Suspends Activities of Ogun Truth Commission
COMMENTARY AND PERSPECTIVES

Radio Netherlands: Legal Ruling Spotlights Serious Khmer Rough Court Problems The Guardian : A Hybrid Court Could Secure Justice in Libya Radio Netherlands: ICC Chief Highlights " Invaluable" Cooperation with UN Manila Bulletin: Miriam Credentials Solid for ICC Judge American Society of International Law: Targeting Versus Deprivation of Liberty Under the International Law of Armed Conflict Opinio Juris: The Nuremberg Military Tribunals and Contemporary International Criminal Law The Sydney Morning Press: Jurist Made International Difference
WORTH READING
The First Global Prosecutor: Constraints and Promise: The Archipelago and the Hub: Universal Jurisdiction and the International Criminal Court The European Convention Human Rights and the UK Human Rigths Act (2011): Articulating International Human Rights and International Humanitarian Law: Conciliatory Interpretation Under the Guise of Conflict of Norms-Resolution
INTERNATIONAL CRIMINAL COURT
Central African Republic & Uganda

Official Website of the International Criminal Court ICC Public Documents - Cases: Central African Republic ICC Public Documents - Situation in Uganda
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Uganda: Country Moves to Enhance Witness Safety in War Crimes The Monitor By Arthur Okot & Bill Oketch October 25, 2011 Uganda's effort to locally try cases regarded as crimes against humanity, has suffered severe setbacks over the absence of a witness protection mechanism, legal experts say. The arrangement, yet to be developed in Uganda, would cushion prosecution witnesses from possible reprisals from the accused. "Witness protection and support is crucial when it comes to war crimes trials. You can imagine that people who testify in these trials which involve very serious crimes [and] very sensitive issues can be at great risk [when] providing their testimony," Elise Keppler, of the New-York based advocacy group Human Rights Watch, said. In northern Uganda, war victims and witnesses live in close-knit communities alongside alleged perpetrators of horrific crimes, raising concerns over their safety as former combatants in the region face the possibility of trial at the High Court. LRA war However, government says it is committed to establishing a criminal justice system capable of ending mass atrocities, like those witnessed during the twodecade LRA war in northern Uganda. According to government, the recent appeal against the acquittal of the former LRA commander Thomas Kwoyelo on war crimes charges has given Uganda's newly-formed International Crimes Division, (ICD) of the High Court more time to implement crucial measures to protect witnesses. "We have breathing space. The state has notified the court of its wish to appeal [the decision to release Kwoyelo], which will give us more time to think about the inadequacies in our criminal justice system," spokesman for the Judiciary, Mr Elias Kisawuzi, told Daily Monitor recently. However, Mr Kisawuzi warned that the necessary measures will take time to formulate. The judiciary has come under fire from legal and human rights experts in recent weeks as it still lacks measures to protect witnesses even though the Kwoyelo trial got under way in early July. Judges at the Constitutional Court ordered Kwoyelo be freed on September 22 after they agreed with an appeal by the defence that he should have been granted amnesty for his alleged crimes, under Uganda's Amnesty Act of 2000. Kwoyelo's indictment includes 12 charges of grave breaches of the Geneva conventions as well as a further 53 counts under Uganda's domestic code, including murder, kidnap and destruction of property. If the judges' decision to release Kwoyelo is upheld on appeal, it could set a legal precedent which would make it very difficult to try other rebel fighters before the ICD. However, the Director of Public Prosecutions, Mr Richard Butera, has said he is confident the court will reverse the ruling and both the case and the ICD will move forward. Mr Butera argues that amnesty should not apply to an individual who is charged under Uganda's Geneva Conventions Act. If Kwoyelo's case does progress, Mr Butera said other former LRA combatants would be brought before the ICD. Following investigations, he is waiting to file "many cases", he said.
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Former Army Officer Recounts Rapes Murders by Boziz Rebels BembaTrial.org By Wakabi Wairagala October 26, 2011 A former officer in the army of the Central African Republic (CAR) says rebel forces led by current President Franois Boziz committed rapes and massacres in various towns on their march to capture the capital of Bangui during 2003. Up to five towns where he said the rebels committed atrocities are among those where International Criminal Court (ICC) prosecutors allege that war crimes accused Jean-Pierre Bemba's Movement for the Liberation of the Congo (MLC) soldiers committed rapes, murders, and looting. Joseph Mokondoui, who served in the Presidential Guard of the CAR up to 2009, recounted the Boziz rebels' atrocities on the last day of his testimony on October 20, 2011, according to a transcript of the hearing released by the court. The towns of Sidhu, Bambari, Bossangoa, Bozoum, Bossembl, Boali, and Sibut were some of the areas where the witness said rebels committed atrocities after they dislodged the national army. "We knew that all those regions were under their control, and all the people living in those towns were living in fear, including the administrative authorities," said the witness "Do you know why the civilian administrative authorities at the time were living in fear and panic when Boziz's rebels occupied these various towns, Bossangoa, Bozoum, and Bossembl?" defense counsel Aime Kilolo-Musamba asked. Mr. Mokondoui responded that this was because the rebels were harassing people and committing murders. "Some of them were severely punished, and the [administrative] officials there were afraid and did everything possible to get back to Bangui. Others fled into the bush." He said there were cases of "slaughter" by the rebels, who he said included freshly recruited "young boys" as well as Chadian nationals. Mr. Mokondoui stated, "A lot of people died. Some people were beaten to death. Some people had to walk for miles but I can assure you that it was difficult to reach the capital because it was impossible to take the main road: as it was under the control of the rebels. "Can you describe other cases of atrocity carried out by these rebel forces which you might have heard of in the various towns in the Central African Repulic at the time we're looking at?" asked Mr. Kilolo-Musamba. The witness replied, "There were deaths. There were fatalities. Some people fled to escape from death. There were cases of people being beaten. There were cases of slaughter. Everybody knew about it. The Chadians also engaged in rape." He said fearful civilians fled to the forests or to the Oubangui riverbank. Some people fled to neighboring Chad. Mr. Mokondoui explained that the Boziz rebels occupied Bossembl because it was a big town and that they committed violence there: "Everywhere they went, the population suffered." He said the presidential guard and regular Central African army soldiers fled various towns as the Boziz rebels advanced, which left the rebels as the only active fighters in the various towns they marched into on the way to Bangui. Mr. Kilolo-Musamba remarked that whereas for a year the trial had heard of crimes that were committed in the towns the witness named, it had been unclear
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who the perpetrators were. According to him, Mr. Mokondoui provided "essential elements" about who the perpetrators were. Mr. Bemba, whose trial started last November, denies the charges against him, arguing that any of the armed groups who were in the CAR could have committed the rapes, murders, and looting over which he is on trial. Hearings in the trial are scheduled to resume on Thursday, October 27, 2011. Witness Transported Bemba and his Soldiers to Bangui BembaTrial.org By Wakabi Wairagala October 27, 2011 The 32nd witness called by International Criminal Court (ICC) prosecutors transported war crimes accused Jean-Pierre Bemba from Congolese territory the accused controlled to the Central African capital Bangui. Cyprian Francis Osibien, a technician previously employed by the state-run firm that managed river transport in the Central African Republic (CAR), said he transported the accused and some of his fighters by ferry from Zongo in the Democratic Republic of Congo across the Oubangui River to Bangui. Also known as 'Witness 47,' he told the trial chamber that he first met Mr. Bemba's soldiers in October 2002. His technical director, accompanied by several members of the Central African Presidential Guard, fetched him from his home to go and repair a ferry. The witness stated that after repairing the vessel, his boss placed him under the command of a Central African colonel. His task was to ensure that ferries run smoothly across the river. Once he crossed the river and docked in Zongo, trucks brought Movement for the Liberation of Congo (MLC) soldiers who then boarded the ferry. Mr. Osibien recalled that the soldiers were "happy and singing" and chanted that they were going to the battlefield "merely one kilometer afield." Mr. Osibien estimated that on this initial occasion, he transported 150 to 200 Congolese soldiers for the 20 minute river crossing. "How many similar crossings did you make with the Banyamulenge?" asked prosecution lawyer Eric Iverson, using the term Central African citizens used to refer to Mr. Bemba's fighters. "I made this trip on 19 occasions. Each day, I did return trips," replied the witness. He added that sometimes he carried wounded and dead soldiers. Other times he ferried ammunition. Mr. Iverson then presented photographs depicting soldiers loading ammunition cases onto a ferry and asked the witness if he recognized the pictures. "These are the militia who did a disservice in the CAR. This picture was taken in Zongo by myself," the witness answered. Mr. Bemba's MLC troops were one of the armed groups involved in the 2002-2003 conflict that pitied then Central African president Ange-Flix Patass against his erstwhile army commander Franois Bozize. Prosecutors allege that widespread looting, murder, and rape of civilians marked the Congolese troops' progression in that country, and that as their commander-in -chief, Mr. Bemba is responsible for failing to rein in his soldiers. He has pleaded not guilty, arguing that once his troops left Congolese territory, he no longer had control over them.
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Mr. Osibien testified that between the seventh and ninth day of his river crossings with the MLC, he transported Mr. Bemba. The accused, he said, had a security detail of about 30 men including Libyan nationals, who arrived at Zongo by helicopter and boarded the ferry to Bangui. According to the witness, Mr. Bemba and his security entourage stayed in Bangui for two hours and were then ferried back to the DRC by Mr. Osibien. The trial continues tomorrow morning with further testimony from Mr. Osibien. Bemba Trial Witness Worried About Safety of Family BembaTrial.org By Wakabi Wairagala October 31, 2011 A witness currently giving evidence in the International Criminal Court (ICC) trial of Congolese opposition leader Jean-Pierre Bemba today expressed concern over the safety of his family. However, the witness did not give the details of his concerns in open court. Cyprien-Francis Ossibouyen, who is testifying publicly, has said that while he worked as a technician for the Central African Republic (CAR) river transport company, he ferried Mr. Bemba and his fighters on numerous occasions over the Oubangui River between their Congolese base and the CAR. He also recounted atrocities committed by the accused's Movement for the Liberation of Congo (MLC) soldiers during their deployment in Central African towns in 2002 and 2003. At the start of hearings this morning, Mr. Ossibouyen stated that he had heard some news from back home via telephone, which had unsettled him. Stating that judges were unaware of the nature of these concerns, Presiding Judge Sylvia Steiner ordered the hearing to revert to private session. Upon resumption, Judge Steiner adjourned the session for 30 minutes "for the chamber to decide whether you [witness] continue to testify in open or private session." When hearings recommenced, the nature of Mr. Ossibouyen's concerns about his family remained unclear although he affirmed that he was willing to continue testifying in public. Judge Steiner promised that the Victims and Witnesses Unit (VWU) would take every possible measure to ensure that the witness's family members were safe. The VWU is a selection of the ICC tasked with protecting persons working with the court, including those testifying trials. It ensures their safety and that of their families, provides counseling and psychological support and other assistance to persons who might be at risk as a result of participating in trials at the ICC. Of the 32 prosecution witnesses so far heard in Mr. Bemba's trial, the majority have testified with protective measures in order to keep their identities secret. I addition, names of individuals, places, and organizations are often heard in closed session so as to render it difficult for the public to establish the identities of these individuals so they are not exposed to reprisal attack. Last February, 'Witness 42' who was in the middle of his testimony informed the trial that his son had been attacked with an axe. This witness testified with protective measures including image and voice distortion. More recently, in a September 2011 ruling, trial judges declined yet another conditional release application by Mr. Bemba from the court's detention center. Judges cited witness interference and Mr. Bemba's access to financial and material support as reasons for the accused's continued detention. The trial judges reported that "several incidents" had been reported since July 2011 in which threats had allegedly been made against prosecution witnesses and
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their families as a result of their testimony in court. They said, "The chamber notes with concern that the threats against witnesses appear to have surged at precisely the moment when the prosecution's case has shifted from so-called crime-based witnesses to witnesses whose testimony directly to question of the accused's criminal responsibility, which has the potential to be determinative in this case." Mr. Bemba is appealing this decision. Meanwhile, this afternoon the prosecution questioned Mr. Ossibouyen and he detailed atrocities allegedly perpetrated by the MLC. According to him, the MLC often fired shots to threaten and intimidate people. In one incident on the ferry Mr. Ossibouyen operated, the MLC soldiers who had been brutalizing about 40 Central African women shot one of them. "There was no shortage of shooting. There was too much gunfire intimidating everyone. It was among the shots fired that a woman was hit by a bullet," said Mr. Ossibouyen. He said the woman's body fell overbroard and emerged on the water surface three days later. The witness also stated that his aunt and grandmother were the victims of stray bullets fired by the MLC. "She [grandmother] was at home in the fourth district, on her veranda and a stray bullet hit her. That is how she died," stated Mr. Ossibouyen. During 2002 and 2003, the MLC, Mr. Bemba's personal militia, were in the CAR to assist the country's then resident Ange-Flix Patasse to fight off an uprising against his regime. Prosecutors at the ICC charge that the MLC indiscriminately murdered, raped, and looted against the country's civilian population with the knowledge and inaction of their commander-in-chief, Mr. Bemba. He has pleaded not guilty. The defense begins its cross-examination of Mr. Ossibouyen tomorrow morning. Witness Questioned About Picture's of Bemba's Fighters BembaTrial.org By Wakabi Wairagala November 1, 2011 The defense of war crimes accused Jean-Pierre Bemba on Tuesday questioned the 32nd witness called by prosecutors about photographs he claims to have taken of the accused's fighters. Defense lawyer Peter Haynes showed a picture to Cyprien-Francis Ossibouyen and asked him where it was taken from. The witness replied that he took the picture at "Bangui wharf" with the aid of a timer. The picture depicts the witness docking a boat, with a hill and town across the Oubangui River in the background. Mr. Ossibouyen stated that this hill and town were Zongo in the Democratic Republic of Congo (DRC). Mr. Haynes then presented two other photographs showing the same background and afternoon cloud skyline as the first photograph. The two photographs allegedly showed Movement for the Liberation of Congo (MLC) soldiers. Some of the soldiers were surrounded by boxes, while others stood by the edge of a boat. Mr. Haynes claimed the background in these two photographs was the same Zongo hill seen in the first photograph. Asked where these two photographs were taken, the witness stated that it was in Zongo. The prosecution last Thursday presented the same photographs as evidence of MLC soldiers loading ammunition cases onto a ferry that Mr. Ossibouyen used to
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transport them from the DRC to Bangui, the capital of the Central African Republic (CAR). "Are you still maintaining that this photograph was taken in Zongo and not Bangui?" asked the defense attorney. "My concern was the militia. I filmed them in Zongo in the interest of the history we are going through now. I was not filming the mountain or hill," replied Mr. Ossibouyen. He maintained that the two photographs, with some of the alleged MLC soldiers facing the camera, were taken without their knowledge using a concealed flash. Most of the cross-examination of Mr. Ossibouyen was conducted in closed session. Yesterday, this witness expressed concern about the safety of his family although he continued to testify in public. This afternoon, he stated that during the lunch break, he had made a telephone call to his family and "was provided with the source of the information." Presiding Judge Sylvia Steiner then ordered the hearing into closed session. It was therefore unclear the nature of Mr. Ossibouyen's concerns. Mr. Bemba is on trial at The Hague-based International Criminal Court over the alleged murder, rape, and looting committed by the MLC in the CAR during the 2002-2003 armed conflict. Mr. Bemba, the militia's commander-in-chief, was not in that country at the time but is being held criminally responsible for the alleged crimes. The responsibility stems from his failure to stop or punish his rampaging troops. The trial continues tomorrow morning, with further cross-examination of Mr. Ossibouyen. Bemba Trial Adjourns as Witness Reported Unable to Continue Testimony BembaTrial.org By Wakabi Wairagala November 2, 2011 Jean-Pierre Bemba's trial at the International Criminal Court (ICC) today stalled when the witness who was testifying was deemed unable to continue giving evidence. It was not revealed in open court why he was unable to proceed with his testimony. At the resumption of hearings after the lunch break, presiding Judge Sylvia Steiner announced that there was a "problem" although she did not provide any details. "Let's wait for the witness to come in and express himself," said the judge. Once the witness entered the courtroom, the hearing went into closed session. When the courtroom turned back into public session, Judge Steiner adjourned the trial until tomorrow morning "taking into account the physical and mental state of the witness." She did not elaborate. Cyprien-Francis Ossibouyen, who has been testifying since last Thursday, is the 32nd witness to testify for the prosecution since the start of the trial last November. Prosecutors charge that soldiers belonging to Mr. Bemba's personal militia - the Movement for the Liberation of Congo (MLC) - carried out rape, murder, and plunder against Central African civilians in 2002 and 2003. The militia was in the country to help its president at the time, Ange-Flix Patass, fight off a coup attempt. Mr. Bemba, who has been in the court's detention since 2008, has denied all five charges he is facing. On Monday this week, the witness expressed concern over the safety of his family but did not give the details of his concerns in open court. He is testifying in public
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without any protective measures. Among others, Mr. Ossibouyen has said he witnessed two incidents where MLC fighters gang-raped Central African women. Defense lawyer Peter Haynes has since yesterday cross-examined Mr. Ossibouyen, a former technician with the Central African Republic (CAR) river transport company. This morning, he questioned the witness about the two occasions on which Mr. Ossibouyen claimed he transported Mr. Bemba and his security detail on a ferry crossing from the Congolese town of Zongo to the Central African capital of Bangui. Mr. Ossibouyen stated that on the first occasion, he only became aware of who he was transporting through his commanding officer on the ferry. He said the Congolese rebel leader's security detail fired a number of shots while on the ferry and that a stray bullet grazed the witness on the abdomen. "Didn't [the bullet] impede your ability to pilot the boat?" asked Mr. Haynes. "I was panic stricken. It was my warrant officer who told me to pull myself together and continue," replied Mr. Ossibouyen, who is also known as 'Witness 47.' He added that he used battery liquid from the vessel to stem the bleeding. "Can you explain to us why throughout the six interviews you had with prosecution investigators, you never once mentioned receiving a bullet wound to the abdomen?" inquired the defense lawyer. The witness replied, "I think I did speak about it, sometimes court reporters miss things." The trial is scheduled to continue tomorrow morning.
[back to contents]
Democratic Republic of the Congo

Official Website of the International Criminal Court ICC Public Documents - Situation in the Democratic Republic of the Congo
Germain Katanga Completes Testimony Before the ICC KatangaTrial.org By Jennifer Easterday October 31, 2011 The first-ever ICC defendant to take the stand in his own defense has concluded his testimony. Germain Katanga completed his testimony after being cross-examined by the prosecution and answering questions from the legal representatives for victims and the judges. On Thursday, October 27, Katanga's co-accused, Mathieu Ngudjolo, will take the stand, likely the last witness to appear in this trial. Katanga and Ngudjolo are accused of crimes war crimes and crimes against humanity allegedly committed during an attack on the village of Bogoro in eastern Ituri, Democratic Republic of the Congo (DRC). The prosecution alleges that Katanga was the leader of the FRPI (the Front for Patriotic Resistance of Ituri) and, together with Ngudjolo, the alleged leader of the FNI (the Nationalist and
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Integrationist Front), carried out an attack on Bogoro on February 24, 2003. Both men have pleaded not guilty to all counts. The attack was part of a larger conflict in the DRC. According to Germain Katanga, the government of the DRC and other armed groups, like the APC (the Congolese People's Army) were behind the attack on Bogoro, he said. Katanga said that the APC planned and ordered the Bogoro attack in order to wipe out the UPC (Union of Congolese Patriots) military base there. He claimed this was for strategic military reasons and that the government of the DRC assisted in arming the APC. He claimed that local combatant groups, like the group from his village of Aveba, were fighting in defense of their villages. Katanga also diminished the ethnic dimension to the conflict, whereas the prosecution has made this a central focus of their case. The prosecution argues that the FRPI, a largely Ngiti force, and the FNI, a largely Lendu force, wanted to "wipe out" the village of Bogoro and its primarily Hema population. Katanga denied this. Cross-Examination Ethnic Conflict The prosecution tested Katanga's evidence during cross-examination. The prosecution began its cross-examination by asking Katanga about the ethnic aspects of the conflict, one of the central issues of the prosecution case. Katanga testified that attacks by the UPC (a largely Hema militia) were not ethnically motivated but were targeting APC military bases. The prosecution suggested that Katanga was deliberately misleading the chamber when he discussed the APC. In particular, the prosecution alleged that Katanga was lying about APC leader Blaise Koka being in Aveba just before the Bogoro attack. The prosecution also suggested that the APC soldiers that were in Aveba were Ngitis who had deserted the APC forces. Katanga denied these assertions. However, Katanga stuck to his testimony that the targets of the attacks were military, and not ethnically motivated. He admitted that while there could have been some ethnically motivated attacks, this was not the central cause of the conflict. In fact, according to Katanga, many Hema refugees fled Bogoro and went to Aveba, where they were protected and not turned away by Aveba's largely Ngiti population. Civilian Deaths The prosecution also asked Katanga about crimes that were allegedly committed during the attack on Bogoro. Katanga admitted that civilians were killed during the conflict in Ituri, including the February 24 attack on Bogoro. However, he testified, the APC was a professional army, and the soldiers did not intentionally target civilians. Some civilians were killed as collateral damage, he said, but he wondered why there were so many civilian deaths, given that the commanders were professional soldiers. Child Soldiers Answering prosecution questions about child soldiers, Katanga said that the combatants were happy to help the children who were living in the military camps without family members.
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He said that soldiers would go to the demobilization transit centers with the children from the camps so the children could demobilize. The combatants called the children "child soldiers" so that they could qualify for demobilization, he said. However, he denied that children at the base in Aveba received military training and claimed that the children were not considered combatants. He explained how the combatants gave Karido, a child living in the camp, an AK47 so that he could demobilize. "A person needed to have a weapon in order to demobilize," he explained. He described how demobilizing children could take AK47s to the transit center and be given $150. "You could take all these AK-47s, turn them in, get the money," he said. The prosecution asked whether children received kits or $150 cash. Previous witnesses, including Katanga defense witnesses, have testified about children receiving demobilization "kits," containing blankets, clothing, and other supplies. Katanga said that the official position was that children were to receive kits, not money. However, Katanga claimed that the situation on the ground was different, implying that in practice, the children received money. February 24th Attack on Bogoro Katanga reiterated on cross-examination that the APC planned the February 24, 2003 attack on Bogoro. He said he did not participate in the attack and was in Aveba at the time. Katanga testified that he could not leave Aveba to attack Bogoro on the 24th because they were afraid that Kisoro, another local commander, would attack Aveba. Katanga said that it was not until March 3 that he finally realized Kisoro was not a threat. However, Katanga testified that he left Aveba on at least two other occasions between the 24th and March 3, while he thought Aveba was still under threat of attack from Kisoro. He testified that he had gone to Kagaba for information just after the attack, on February 26, and then went to Tchey on March 3. It was in Tchey that he saw Kisoro and realized that Aveba was no longer at risk of attack. The prosecution tested this story, asking Katanga why he could travel to Kagaba for information just after the attack if he thought Kisoro was still a threat. Katanga replied that there was a distinction between going away for a short while and goingaway to the front. The Presiding Judge asked if this distinction was the reason Katanga could leave Aveba on March 3 for Tchey even though he could not go to Bogoro on the 24th. Katanga responded that he had intended to go to Tchey for only the day but decided to stay once he saw Kisoro there and realized Aveba would be safe. He again testified that the APC planned the attack. Control Over Aveba Combatants During cross-examination, the prosecution presented a letter written by Kasaki Bandro, a wise man and spiritual leader in Aveba. The letter was dated February 9, 2003, and was addressed to "Mr. President." Kasaki requested the "President's" help in controlling the combatants during a planned cattle market. The prosecution suggested that the letter was in fact addressed to Katanga and alleged that Katanga was in command of all combatants in Aveba as of early February, 2003.
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Katanga denied that this was true. He said that he had never seen the letter before and that there was no proof it was addressed to him. Questions from Legal Representatives for Victims The legal representatives for both groups of victims-child soldiers and victims of the attack-also questioned Katanga. Responding to questions from the legal representative for child soldiers, Katanga reiterated his previous testimony that there were no child soldiers in the Aveba military camp. Children with nowhere else to go could remain in the camp with their families, he said, but they did not recruit nor train children. Addressing the February 24 attack, Katanga said that he had not heard of children present on the battlefield that day. The legal representative for victims of the Bogoro attack asked Katanga about crimes committed during the attack. Katanga testified that the commanders involved in the attack had not told him about a civilian massacre but admitted that he had heard about civilian deaths from the news. However, he claimed that although there were deaths, he was not sure it could be classified as a "massacre." Katanga also denied that looting had taken place. He claimed that after the attack, Ngiti went back to Bogoro to recover their goods and property they had left behind when they fled. Questions from the Judges Aveba Command Structure The judges questioned Katanga at length. In particular, the judges asked many questions about the command structure in the Aveba community, the role of the APC in Aveba, and Katanga's role as "Coordinator." Kakado was at the top of the Walendu-Bindi hierarchy, and Kasaki was next, Katanga explained. Katanga explained that Kasaki had a great deal of authority. Katanga testified that he served as one of Kasaki's many bodyguards, and was greatly trusted by Kasaki. Kasaki had authority over the local commanders in the Walendu-Bindi area, Katanga said. If anyone disobeyed Kasaki, Kasaki would take away the person's fetishes, deprive him of treatment, and the person would "die without any further assistance," Katanga said. Katanga also testified that he was generally obligated to obey Kasaki, but that with Kasaki's support, could go against an order of APC-commander Blaise Koka. The judges asked Katanga about the presence of the APC in Aveba. Aveba was a "logistics base" for the APC, Katanga said, while other areas, such as Kagaba and Singo, had a significant number of APC soldiers. Katanga said that he would travel with Blaise Koka when Koka went to visit other APC commanders. Katanga clarified his various positions within Aveba: bodyguard to Kasaki, commander of Aveba, and then coordinator of Aveba. Katanga said that as coordinator, he acted as a liaison between the professional APC soldiers and the local combatants. In particular, he had to intervene in case of disputes or conflicts between the combatants and soldiers. "The position of coordinator was simply to avoid sparks and skirmishes and to enable people to live in a congenial atmosphere," he testified.
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Katanga testified that he had a group of about 60 men that were loyal to him. The judges wanted to know whether these men were recruited and whether they had any formal structures. According to Katanga, the men simply came to him-he did not recruit them. However, he did testify that the men were loosely organized into sections. The commander of Aveba did not have control over other commanders, Katanga said. "No one had authority over anyone else on his turf. I was a chief in my area and others were chiefs in their areas," he said. Ethnic Conflict Although throughout his testimony Katanga had consistently downplayed the ethnic aspects of the conflict, he did admit to the judges that there were various ethnic tensions in Ituri at the time. In particular, he testified that the UPC, supported by the UPDF (Ugandan People's Defense Forces) and the Rwandan Army, started to fight the Lendus in Ituri in an effort to create a "Hima-Tutsi Empire." According to Katanga, the plan to create the Hima-Tutsi Empire involved removing the Lendus from their native land. Katanga also admitted to the Judges that at times, combatants in his collectivity did not obey the rules of conduct that forbade them from targeting civilians. This was especially the case after they witnessed the death of their families, he said. Katanga acknowledged that on many occasions, he had to warn Lendu combatants not to threaten Hema civilians. Knowledge of the Bogoro Attack Katanga knew that there was a plan to attack Bogoro and Bunia in February and March of 2003, he said. The plan had been in the works since November 2002, he said, and the operation was defined on paper. "Everything was planned, your honor. Even reinforcements for the health staff," Katanga said. He stated that the plan was very elaborate, and involved a real hierarchy, and details down to the men, uniforms, weapons, and rations. His role as coordinator involved organizing the distribution of ammunition to the combatants and being the center of communications, to ensure that the combatants would be in a position to reinforce the APC soldiers. The Presiding Judge pushed further, asking, "You were informed because the means of communication were with you, but did you have a specific role that was planned for you?" "As part of community life, to ensure peace, I provided minimum service, I could provide that service if they asked for it," Katanga replied. This evidence could help the judges decide whether Katanga is guilty as a coperpetrator and whether his role in the February 24 Bogoro attack was critical to the success of the attack.
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Kenya
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Official Website of the International Criminal Court ICC Public Documents - Situation in the Republic of Kenya
Kenyan Chief Justice Outlines Progress in Judicial Transformation ICCKenya.org By Tom Maliti October 25, 2011 Part of the argument the Kenyan government has made the whole of this year against the International Criminal Court (ICC) taking up cases against six of its citizens is that the judiciary is on the path of reform and within a year will be able to meet international standards of justice. When Chief Justice Willy Mutunga, however, presented his progress report last week on his first 120 days in office, he talked of an institution so frail that the work to transform it has barely started. In January this year, one side of the coalition government sought and got the backing of the African Union (AU) to seek a deferral of the Kenya cases at the ICC, partly on the basis that the judiciary was being reformed. For good measure, President Mwai Kibaki nominated, on the eve of the AU deliberations, men to the offices of Chief Justice, Director of Public Prosecutions, and Attorney General. Prime Minister Raila Odinga challenged those nominations saying he had not been consulted as required under the constitution. A political impasse ensued with other organs of state raising the bar in the public argument by saying the constitutional standard of public involvement in such key nominations had not been met, irrespective of whether the president consulted the prime minister. The result was a process of the Chief Justice's post being advertised and public interviews being conducted. After the most gruelling vetting process any Kenyan public official has been subjected to to date, Mutunga took office on June 20. At the same time Mutunga took office, Kenya had an appeal pending before the ICC asking the court to reconsider its application to have the two Kenya cases stopped as Kenya investigates the individuals named by the ICC prosecutor as suspects. To support its application, Kenya included the laws requiring judicial reform. "We found an institution so frail in its structures; so thin on resources; so low on its confidence; so deficient in integrity; so weak in its public support that to have expected it to deliver justice was to be wildly optimistic," is how Mutunga described the judiciary he entered in June this year. He was speaking on October 19 to Supreme Court and other judges, the Attorney General and others as he presented his first public progress report. "We found a Judiciary that was designed to fail. The institutional structure was such that the Office of the Chief Justice operated as a judicial monarch supported by the Registrar of the High Court. Power and authority were highly centralized," said Mutunga. In his first four months as Kenya's 14th Chief Justice, Mutunga says he has begun to strengthen judicial offices, re-assigned judicial officers to begin cutting the huge backlog, and appointed an ombudsperson as one permanent measure to handle public complaints and restore confidence in the judiciary. As an example of the judiciary's frailty, Mutunga said he found the Office of the Chief Justice consisted of just two secretaries and six bodyguards. This was all the personnel he had to help him discharge his constitutional duty of overseeing a judiciary while at the same time holding in check the executive and legislative arms of government. No legal researchers. No liaison officers. No public relations office.
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"This state of affairs imperil our democracy as the imperative of checks and balances effectively becomes inoperative when the balance of power is heavily tilted in disfavor of the judicial arm, as it is now," said Mutunga. In comparison, President Mwai Kibaki's executive office consists of someone who is the link between him and the 250,000-strong Kenyan bureaucracy, another who manages his official diary, someone else responsible for his public image, and still another who runs his official residences across the country. This is separate from the Cabinet, which also helps the president execute his functions. This is in addition to the usual retinue of secretaries and bodyguards. Mutunga said that an analysis of the estimated one million-case backlog showed two-thirds were traffic-related. He said he will appoint a senior magistrate to plan how to deal with the traffic-related backlog and begin clearing it. He will also write to the police chief to have his officers advice which cases cannot succeed so as to clear them from the backlog. To also help with the backlog, Mutunga is focusing his attention on the Court of Appeal, which is just below the Supreme Court in hierarchy. He said he aims to have the Court of Appeal handling only fresh applications in six months' time and also reduce the time for appeals to be determined to one year, from the current six years. "Clearing the backlog will not only serve the ends of justice but also free resources into the economy and deepen investor confidence," Mutunga said. In September, the Judicial Service Commission hired 28 new High Court judges after vetting more than 140 applicants in a process open to the public. The extra judges will also help ease the backlog. To improve the quality of judgements made, the Judicial Service Commission has begun a process to hire legal researchers for all judges and some magistrates. This is the first time Court of Appeal and High Court judges and magistrates will have research assistants in Kenya's history. Also for the first time, Kenya's Chief Justice has a chief of staff who initially will be the all-purpose man as he structures an executive office to help Mutunga discharge his duties. Mutunga said he hopes the heads of the Court of Appeal and High Court develop similar offices. The big challenge now remains the constitutionally-required vetting of all judges and magistrates who were in office before August 2010. There is a court case challenging the law elaborating that constitutional requirement, which has jammed the process. Also, two foreign members of the panel charged with the vetting process have resigned further complicating matters. This vetting, which is to flow in stages, was set to be completed in one year but had suffered several delays. The aim is to restore public confidence in the judiciary by weeding out judges and magistrates found to be corrupt or inept. ICC Judges to Issue Simultaneous Decision in Two Cases ICCKenya.org By Tom Maliti October 27, 2011 The International Criminal Court (ICC) has decided it will make a simultaneous ruling on whether the two Kenya cases shall proceed to trial. Ekaterina Trendafilova, sitting as the Single Judge for Pre-Trial Chamber II, made the decision Wednesday after the court had received all the final submissions in the first Kenya case. Pre-trial hearings for the two Kenya cases were held with a 13 day lag between each raising the possibility Pre-Trial Chamber II could issue decisions on separate dates.
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"The Registrar has drawn the attention of the Single Judge to the fact that if the article 61(7) decisions in the two cases are issued separately, and whatever is decided in the first case, it is likely that a rise in tension may occur, and speculations or potentially heated public debate might take place with an expectation of the same result in the second case," said Trendafilova, explaining the reason behind her decision. "Thus, according to the Registrar, issuing the decisions simultaneously could make a significant difference on how the Kenyan population reacts to the decisions," the judge continued. Judge Trendafilova did not give a date for when the simultaneous decisions can be expected. However, she based her decision on a provision in the court's regulation that allow judges to vary the time limit on rulings if there is "good cause." Judge Trendafilova said that the decision was to extend the time limit to make a decision in the first Kenya case so that it can be made at the same time as the second case. Lawyers for the victims in both cases have said that it would be in the interest of their clients if the judges determined the two cases at the same time. The Single Judge also reiterated her appeal made earlier this month to all Kenyans, "to respect the life, security and property of victims and witnesses and to refrain from engaging in any activities that are likely to trigger or exacerbate tension and violence in the Republic of Kenya". Final submissions were received from all parties in the first Kenya case on Monday, which automatically set the clock on a 60 day deadline for Pre-Trial Chamber II to issue a decision on whether the suspects should stand trial. The submissions follow confirmation of charges hearings that were held between September 1 and September 8. The suspects in the first case are former Higher Education Minister William Samoei Ruto, former Industrialization Minister Henry Kiprono Kosgey, and radio journalist Joshua arap Sang. The ICC prosecutor wants each of them charged with three counts of crimes against humanity. The confirmation of charges hearings in the second Kenya case only concluded earlier this month, which means that the deadline for final submissions is yet to be reached. The suspects in the second case are Deputy Prime Minister and Finance Minister Uhuru Muigai Kenyatta, Head of Public Service and Secretary to the Cabinet Francis Kirimi Muthaura, and former police chief Mohammed Hussain Ali. The ICC prosecutor wants each of them charged with five counts of crimes against humanity. Verdict in ICC Kenya Cases Due Mid-January 2012 Capital News FM By Judie Kaberia November 2, 2011 The International Criminal Court (ICC) Pre Trial Chamber is expected to rule by the third week of January 2012 whether six Kenyans shall face a full trial over the 2008 post election violence. In an interview on Capital in the Morning, ICC spokesman Fadi el Abdallah said that once the suspects in the second case give their submissions to the court by the November 21 deadline, there will be an allowance of 60 days for the Pre Trail Chamber to debate if the two cases will proceed to trial. "Within these 60 days after the November 21, we expect the decisions of the two cases," he explained.
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Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Postmaster General Hussein Ali who are in the second case have up to November 21 to give their written submissions to the court. Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and Radio Personality Joshua arap Sang gave their submissions by October 25. The court ruled last week that it would deliver its verdict on both cases at the same time. Abdallah said the judges will be examining the evidence from the prosecution, the defence and the victims to determine if the cases should proceed to the trials. "The judges are debating; is there enough evidence to go to the trials? They are not asking if (the Kenyans are) guilty or not." The spokesman explained that the trial stage is expensive since the suspects have to physically be at the court hence the crucial need for the judges to thoroughly examine the evidence before making a decision. "That is why confirmation of charges hearings is necessary," he asserted. Abdallah reiterated that the judges can rule in four different ways; All the charges can either be rejected or accepted in their totality, the prosecutor can be asked to do further investigations or make amendments to his evidence. Alternatively the judges can confirm charges against some individuals or drop some charges. Abdallah also clarified that ICC is impartial in its investigations and does not target any groups or countries but individuals who are suspected to bear the highest responsibility of crimes committed. "ICC is a judicial institution. There is no possibility to take political consideration to account when judges are deciding. The ICC only deals with the persons suspected of being the highest responsible for mass crimes, and these people are not ordinary people," he explained. He added; "There is no prosecution against a political party, an ethnic community, the government, only individuals with the highest responsibility." Abdallah further said investigations against the Ocampo six were not politically investigated as he argued that the prosecutor would not be interested in fighting a losing battle if he does not have evidence against his suspects. "If the ICC prosecutor has evidence against some people, he can ask the judges and present a case. But if he doesn't have a case he cannot go to a losing case. That is why the prosecutor presented certain cases," he explained. He also corrected some of the common misperceptions in Kenya that the ICC was about Prosecutor Luis Moreno Ocampo. He said the court has four crucial organs and Ocampo only heads the prosecution arm. "It is the prosecution that brings the cases before the judges. Remember that only the judges have the full picture and authority to decide on the request of the prosecutor. Even for the summonses to appear, the prosecutor requested then the judges decided on it," he asserted. The ICC Outreach Coordinator in Kenya Maria Kamara urged Kenyans to understand there were clear differences between witnesses and victims, "Victims
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do not have to appear before the court like we saw during the confirmation of charges hearings, and they were represented by two lawyers who presented their views and concerns to the court." "While for the witnesses they mostly appear in person unless in the situation where the prosecutor thought at that stage it was not necessary to bring live witnesses and so he relied on documentary evidence and not live witnesses," Kamara clarified.
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Libya
Official Website of the International Criminal Court ICC Public Documents - Situation in the Libyan Arab Jamahiriya
Kadhafi Son Seif Al-Islam Near Niger border: Tuareg Source Agence France-Presse October 25, 2011 Former Libyan leader Moamer Kadhafi's son and onetime heir apparent Seif al-Islam was on Tuesday poised to cross into Niger along with his father's ex-intelligence chief, a Tuareg official said. The two are the top most wanted fugitives from the slain despot's ousted circle, who are wanted by the International Criminal Court and had been widely expected to seek refuge in Niger following Kadhafi's death last week. Libya's southern neighbour, which for years was one of the west African countries that benefited most from Kadhafi's largesse, is already sheltering dozens of former regime officials, including another one of Kadhafi's sons. Seif "is near the Niger border, he hasn't entered Niger yet but he's close," a local official from the northern Niger's Agadez region told AFP on condition of anonymity. "It appears he is being escorted by former Tuareg fighters but I am not yet able to confirm this," the official added. The local official said that Abdullah al-Senussi, a former intelligence chief and Kadhafi's brother-in-law, was also approaching the border with Niger. "Both of them are near the Niger border, they can't be very far from each other," he said. In June, the International Criminal Court issued arrest warrants against Kadhafi, Seif and Senussi for "crimes against humanity" allegedly committed by troops under their command as they quelled the uprising against his regime. In September Interpol issued a "red notice" for the trio. A Niger government source said Saturday that Senussi, 62, had been spotted in northern Niger, but that his presence in the country was "not yet officially established."
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In Libya's eastern city of Benghazi, a senior official of the National Transitional Council, interim oil and finance minister Ali Tarhuni told reporters that Seif posed no danger to the new regime. "Seif al-Islam is not a threat. His father, his army, his mercenaries have been conquered," Tarhuni said. He added: "I don't know where he is." France may demand Senussi's extradition if he is arrested by Niamey, since a Paris court sentenced him in absentia to life in prison for the 1989 bombing of a French UTA airliner that claimed 170 lives. So far 32 members of Kadhafi's entourage including his son playboy former footballer son Saadi have taken refuge in Niger for "humanitarian" reasons. Among them are three generals and the head of Kadhafi's personal bodyguards, Mansur Daou, according to the authorities, who say they are under surveillance but have not been detained. However on Thursday in Kadhafi's hometown Sirte where the strongman was tracked down, local medical staff and a fighter said Daou was wounded there, and Free Libya television in Tripoli said he was captured. Niger's Foreign Minister Mohamed Bazoum told AFP on Friday that the end of the Libyan conflict would allow it to lift restrictions on senior Kadhafi loyalists who sought refuge there, except Kadhafi's son Saadi. "Of the 32 people who are in Niger, only one has a clear judicial status, Mr Saadi Kadhafi. He's the target of a UN Security Council resolution travel ban. He's in Niger, we're obliged to apply this resolution," Bazoum told AFP during a visit to Paris. Gaddafi Son, Intelligence Chief "Want To Surrender" Reuters By Samia Nakhoul October 26, 2011 Muammar Gaddafi's son Saif al-Islam and former intelligence chief Abdullah al-Senussi propose to hand themselves in to the International Criminal Court, a senior official with Libya's National Transitional Council said on Wednesday. "They are proposing a way to hand themselves over to The Hague," Abdel Majid Mlegta told Reuters from Libya. Spokesman for the Hague court Fadi El Abdallah said: "We don't have confirmation about this now. We are trying to contact the NTC for more information." Saif al-Islam is wanted by the war crimes court, as was his late father. There is also a warrant out for Senussi. Saif al-Islam has been on the run since Libyan forces overran his father's home town Sirte at the weekend. He is thought to be somewhere near Libya's southern border with Niger. Mlegta said his information came from intelligence sources who told him that Saif al-Islam and Senussi were trying to broker a deal to surrender to the court through a neighboring country, which he did not name. They had concluded that it was not safe for them to remain in Libya, or to go to Algeria or Niger, two countries where Gaddafi family members are already sheltering.
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"They feel that it is not safe for them to stay where they are or to go anywhere," Mlegta said. In any case, they said that Niger was asking for too much money for them to stay. In June the ICC issued arrest warrants for Gaddafi, Saif al-Islam and Senussi on charges of crimes against humanity after the U.N. Security Council referred the Libyan situation to the court in February. All three were charged with crimes against humanity for the Libyan regime's violent crackdown on protesters in February. It was only the second time that the U.N. Security Council had referred a conflict to the ICC, the world's first permanent war crimes court. The Security Council referred the crisis in Sudan's Darfur region to the ICC in 2005. Lawyer: Gadhafi Family To File War Crimes Complaint Against NATO CNN By CNN Wire Staff October 27, 2011 The family of deceased Libyan strongman Moammar Gadhafi will file a war crimes complaint against NATO with the International Criminal Court, a lawyer representing the family said Thursday. Members of the family believe NATO's actions led to Gadhafi's death last week, said Marcel Ceccaldi. "All of the events that have taken place since February 2011 and the murder of Gadhafi, all of this means we are totally in our right to call upon the International Criminal Court," Ceccaldi, a French attorney, said. NATO responded that it "conducts its operation in strict conformity with the relevant U.N. Security Council resolutions." In a statement Thursday, a NATO official said, "At no time during Operation Unified Protector has NATO targeted specific individuals." The ICC had previously issued a warrant for Gadhafi's arrest, accusing him of crimes against humanity. The ICC still has warrants for the arrest of Gadhafi's son, Saif al-Islam Gadhafi, and his brother-in-law Abdullah al-Sanussi. Questions surround the death of Moammar Gadhafi, who eluded forces loyal to the National Transitional Council for months. Video shows Gadhafi was alive when captured by the opposition. He died from a shot in the head, officials said, but the circumstances surrounding the shot remain unclear. The United States said it supports an independent investigation, as called for by the United Nations and by Libya's new leadership. Ceccaldi said the Gadhafi family's complaint will be filed in the coming days. "Now we will wait and see if the ICC is a judicial system which is independent and impartial," he added. Lt. Gen. Charles Bouchard, commander of the NATO military operation, said earlier this week that NATO "did not get involved in anything beyond what was our
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legal mandate and we remain well within the mandate assigned to us by the North Atlantic Council." While Gadhafi survived an airstrike in the Sirte area shortly before he died, Bouchard said NATO did not know the former Libyan leader was in the convoy. "We saw a convoy, and in fact we had no idea that Gadhafi was on board," Bouchard said. Some vehicles in the convoy were carrying weaponry, and seemed to present a potential threat to the population, he said. The news came as the U.N. Security Council voted unanimously Thursday to end NATO's military operations in Libya. Gaddafi Killer Faces Prosecution, Says Libyan Interim Government The Guardian By Martin Chulov October 27, 2011 Libya's interim government says it will prosecute anyone found responsible for the death of Muammar Gaddafi after his capture, in a retreat from its earlier insistence that the dictator had been killed by crossfire. The change in position comes after a week of sustained criticism of the Libyan leader's captors, who used their camera phones to chronicle his death. The footage, including images of a wounded Gaddafi being sodomised with what looked like a bayonet, caused widespread revulsion outside the country. Abdel Hafiz Ghoga, deputy chief of the National Transitional Council, said it would try to bring to justice anyone proven to have fired the shot to the head that killed Gaddafi. "With regards to Gaddafi, we do not wait for anybody to tell us," he told the alArabiya satellite channel. "We had already launched an investigation. We have issued a code of ethics in handling of prisoners of war. I am sure that was an individual act and not an act of revolutionaries or the national army. Whoever is responsible for that [Gaddafi's killing] will be judged and given a fair trial." Attempts to launch an investigation are unlikely to be welcomed in Misrata, where the rebels who captured Gaddafi in his home town of Sirte are based. Asked this week about the questions surrounding his death by people outside Libya, Misrata's military chief, Ibrahim Beit al-Mal, said: "Why are they even asking this question? He was caught and he was killed. Would he have given us the same? Of course." Talk of an inquest was being seen by Misrata officials as an attempt by the Benghazi-dominated NTC to claim prominence in post-Gaddafi affairs. "Everybody knows who caught him and who fought the most during the past nine months," an official said. "It was us. It was no one else." The identity of the man who allegedly pulled his 9mm pistol from his waistband and shot the wounded dictator in the left temple around 20 minutes after his capture is widely known in Misrata, as is the unit he belonged to, the Katiba Ghoran. "They won't come near us," said the rebel who pulled Gaddafi from a drain last Thursday. "They won't dare. Gaddafi was saying: 'What's this, what's this?' After nine months of blood, he was saying: 'What's this?'. What does he expect?" There is little sympathy on the streets of Misrata for Gaddafi's violent end, despite the troubling images and his rotting body being publicly displayed for the next four days.
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Meanwhile, Gaddafi son and former heir apparent Saif al-Islam is thought to be in southern Libya approaching the Niger border, where Nigerien officials believe he is planning to join his brother Saadi and the former regime's spy chief Abdullah Senussi in exile. The NTC maintains that Saif al-Islam is interested in handing himself in to the International Criminal Court, which has issued an arrest warrant against him and Senussi. The court in The Hague says it has had no contact from Libya. The United Nations on Thursday said it would terminatethe Nato mandate enforcing a no-fly zone over Libya at the end of October, formally ending an eightmonth blockade of the country's skies and military operations on the ground. The NTC had earlier asked for operations to continue until the end of the year. "This marks a really important milestone in the transition in Libya," Britain's ambassador to the UN, Mark Lyall Grant, said. "It marks the way from the military phase towards the formation of an inclusive government, the full participation of all sectors of society, and for the Libyan people to choose their own future." The security council said it looked forward "to the swift establishment of an inclusive, representative transitional government of Libya" committed to democracy, good governance, rule of law, national reconciliation and respect for human rights. It strongly urged Libyan authorities "to refrain from reprisals", to take measures to prevent others from carrying out reprisals, and to protect the population, "including foreign nationals and African migrants". International Criminal Court Confirms That Saif Al-Islam Gaddafi Has Made Contact The Guardian By Martin Chulov and David Smith October 28, 2011 Muammar Gaddafi's fugitive son Saif al-Islam has been in contact with the international criminal court in the Hague about surrendering to face charges of inciting the murder of thousands of Libyans. The judicial body confirmed establishing an indirect link with the elder Gaddafi scion, who is believed to be in southern Libya where he is attempting to reach either Niger or Mali. ICC chief prosecutor, Luis Moreno Ocampo said conversations had so far been informal and been held with an associate of the Libyan. Saif faces the most serious charges on the court's statutes, committing crimes against humanity. An indictment was filed against him in June. "We have evidence, we believe he was part of the crime against humanity committed in Libya by him, his father and (former spy chief Abdullah) al-Sennusi," Ocampo told CNN. "Saif was critically important in organising the killings of civilians in Libya and that is why we are prosecuting him." Ocampo suggested Saif could be travelling with the protection of mercenaries who are preparing to fly him to an unidentified African state that does not co-operate with the ICC and would be unlikely to extradite him. He warned that the court would consider a mid-air "interception" to thwart any such escape attempt. Ocampo said Saif's representative had insisted the 39-year-old was innocent and serious about defending the charges against him. But some Libyan officials suggest he is attempting to buy time and to ensure that Nato jets, which will finish their mission in three days, will not again try to bomb his convoy. Western officials and Libya's interim rulers now believe that Saif made a brief rendezvous with his father in the desert town of Bani Walid in late August, before
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Muammar Gaddafi made the fateful journey north to his birthplace of Sirte where he was killed on 20 October. Around the time of the fall of Sirte, Saif headed south from Bani Walid in a convoy of armoured cars that was attacked by Nato jets, western officials believe. Saif is believed to be travelling separately from former regime spy chief, Sennusi, who intelligence officials believe is moving constantly through the borders of Algeria, Niger and Mali. Rumours have persisted since Gaddafi's death that South African mercenaries may have been trying to aid his escape before their convoy was struck by a Nato drone on the outskirts of Sirte. South African media has reported widely on the allegations this week and suggested that an earlier operation to evacuate Gaddafi's wife, Safia, pregnant daughter, Aisha, and sons Mohammed and Hannibal to Algeria in August may also have been carried out by hired guns from South Africa. Media reports in Johannesburg suggest the team that evacuated the Gaddafi family was 24-strong and had since returned home. The second alleged team of 19 tried to extract Gaddafi himself but the plan went disastrously wrong, according to the New Age newspaper. And many of the men are yet to return to South Africa. [http://thenewage.co.za/33042-1060-53-Gaddafi's_SA_soldiers] It said one South African died and several were injured when their convoy became embroiled in the firefight with NTC supporters that led to Gaddafi's death. Other South African reports have suggested the mercenaries were paid $15,000 each. The South Africans were allegedly hired by a company with close ties to Gaddafi, training his presidential guard and handling some of his offshore financial dealings. South Africa remained sympathetic to Gaddafi throughout the eight month civil war and three times attempted to broker a face-saving exit for the veteran dictator that would have allowed him to seek exile and avoid the reaches of the ICC. Another Afrikaans paper, Rapport, quoted one of the South Africans who claimed to be in the group as saying that their attempt to extract Gaddafi from Libya was a "huge failure." Deon Odendaal said the group believed Nato wanted Gaddafi to leave Libya but the convoy came under attack as they tried to take him from his hometown in Sirte. "It was a gruesome, gruesome orgy," Odendaal told the paper. "The poor thing screamed like a pig." The South African government has insisted it cannot confirm or deny whether mercenaries travelled to Libya. Clayson Monyela, spokesman for the international relations department, said: "We don't know. There is no independent way of verifying if these reports are true or not. "Anybody involved in such activities would not have used official South African documents to travel because no government would sanction illegal activities. The South African government would not sanction them." However, calls are growing in Johannesburg for an inquiry into the allegations. Stevens Mokgalapa, shadow deputy minister of international relations, said he is still waiting for an official reply on whether the government knew about the presence of mercenaries in Libya. "There are indications that these might just be people from anywhere who have our passports but are not South African, but we are working on speculation. It's a
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fishing expedition. The best way of getting the truth is a written reply from the minister. "If they are not South African, we have to find out, how did they get these passports?" ICC Fears Son of Libya's Gaddafi May Flee Justice Reuters By Barry Malone and Chris Buckley October 29, 2011 The International Criminal Court said Saturday that Libya's Saif al-Islam Gaddafi was in contact via intermediaries about surrendering for trial, but it also had information mercenaries were trying to spirit him to a friendly African nation. U.S. military and government representatives held security talks in neighboring Niger with local officials in Agadez, which has been a way station for other Libyan fugitives, including another son of Muammar Gaddafi, Saadi. A Reuters reporter saw a U.S. military plane at Agadez airport. A top Agadez regional official declined to say what the talks with the Americans were about, but spoke of escape plans by Saif al-Islam and former Libyan intelligence chief Abdullah al-Senussi, both wanted by the ICC for crimes against humanity. "Senussi is being extricated from Mali toward a country that is a non-signatory to the (ICC) convention. I am certain that they will both (Senussi and Saif al-Islam) be extricated by plane, one from Mali, the other from Niger," said the official, who asked not to be named. He said there were at least 10 airstrips in the north of Niger near the Libyan border that could be used to whisk Saif al-Islam out of the country. A member of parliament from northern Mali, Ibrahim Assaleh Ag Mohamed, denied Senussi was in his country and said neither he nor Saif al-Islam would be accepted if they tried to enter. The arrival of the U.S. delegation followed remarks by Mohamed Anako, president of Agadez region, who said he would give Saif al-Islam refuge. "Libya and Niger are brother countries and cousins ... so we will welcome him in," he said. The ICC has warned Saif al-Islam, 39, apparently anxious not to be captured by Libyan interim government forces in whose hands his father Muammar Gaddafi was killed last week, that it could order a mid-air interception if he tried to flee by plane from his Sahara desert hideout for a safe haven. Indirect Contacts The ICC's comments offered some corroboration of reports from Tripoli's National Transitional Council (NTC) leaders and African neighbors that he has taken refuge with Tuareg nomads in the sparsely-populated borderlands between Libya and Niger. A group of about 100 people from a desert town near where Saif was last believed to be hiding demonstrated in Tripoli on Saturday, saying that towns and villages in the area were under constant attack from bands of pro-Gaddafi mercenaries. "They are the men of Gaddafi and they are attacking villages, killing people, stealing cars," Mohammed Hassan told Reuters. "They don't recognize the new flag."
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The demonstrators, from the town of Mausq in the southern Libyan desert, said they believed the men were from Chad. They had no information on the whereabouts of Saif al-Islam. ICC Prosecutor Luis Moreno-Ocampo told Reuters in an interview that communication with Saif al-Islam was being made possible by "intermediaries," despite his remote location. "There are some people connected with him that are in touch with people connected with us," Ocampo said during a visit to Beijing. "We have some information that there is a mercenary group trying to help him to move to a different country, so we are trying to prevent this activity," said Moreno -Ocampo. "We are also working with some states to see if we can disrupt this attempt. Some of them are South Africans allegedly." Moreno-Ocampo said the ICC was not making any deal with Saif al-Islam but was explaining through the contacts that he had to face trial because he had been indicted for war crimes. "He says he is innocent," said the prosecutor. However, surrender is only one option for Saif al-Islam. The Gaddafis befriended desert tribes in Niger, Mali and other poor former French colonies in West Africa. Other African countries received Libyan largesse during the 42-year rule of Gaddafi, a self-styled African "king of kings." France, a backer of February's revolt against Gaddafi, reminded African states of their obligations to hand Saif al-Islam over to the international court. "We don't care whether he goes on foot, by plane, by boat, by car or on a camel, the only thing that matters is that he belongs in the ICC," said Foreign Ministry spokesman Bernard Valero. Niger, Mali, Chad and Burkina Faso, a swathe of arid states to the south of Libya, are all signatories to the treaty that set up the ICC. Algeria, which took in Saif alIslam's mother, sister, brother Hannibal and half-brother Mohammed, is not a signatory. Nor is Sudan or Zimbabwe. African Mercenaries As well as enjoying protection from Tuareg allies who traditionally provided close security for the Gaddafis, Saif al-Islam may be in the company of mercenaries from elsewhere in Africa, including possibly South Africa, NTC officials say. A South African newspaper, in an unconfirmed report, said South African mercenaries were working to fly him out. A bodyguard who saw Saif al-Islam as he fled last week from one of the last proGaddafi bastions near Tripoli told Reuters that he seemed "nervous" and "confused." He escaped even though his motorcade was hit by a NATO air strike as it left Bani Walid on October 19, the day before his father died in Sirte. Three of Saif al-Islam's brothers were killed in the war. The arrest or surrender of Saif al-Islam would bring a new prominence for the nine -year-old ICC, whose highest profile suspect to date is Sudanese President Omar al-Bashir, who remains defiantly in office, defended by many fellow Africans. Following Gaddafi's killing, probably by fighters who filmed themselves battering and abusing him, Western allies of Libya's new leaders urged them to impose respect for human rights.
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EU Parliament President Jerzy Buzek met with NTC chairman, Mustafa Abdel Jalil in Tripoli Saturday and both men said that human rights featured in their discussions. "The head of the EU parliament urged us to sign all international conventions regarding respect for human rights, which we will do," Abdel Jalil said. NTC leaders would like to run their own trials, but acknowledge that their writ barely runs in the deep south. NATO countries, now winding up a mission that backed the revolt, have expressed little enthusiasm for hunting a few individuals across a vast tract of empty continent. Saif al-Islam was once seen as a liberal reformer, architect of a rapprochement with Western states on whom his father waged proxy guerrilla wars for decades. But he responded with belligerent rhetoric after the revolt erupted in Libya. The ICC accuses him of hiring mercenaries to carry out a plan, worked out with his father and Senussi, to kill unarmed protesters inspired by "Arab Spring" uprisings elsewhere. Niger's government in the capital Niamey has vowed to meet its ICC commitments. But 750 km (400 miles) north in a region where cross-border allegiances among Tuareg nomads often outweigh national ties, the picture looks different. Some of the tens of thousands of people who eke out a living in the Sahara, roamed by smugglers and nomadic herders, say there would be a welcome for the younger Gaddafi. "We are ready to hide him wherever needed," said Mouddour Barka, a resident of Agadez. "We are telling the international community to stay out of this business and our own authorities not to hand him over -- otherwise we are ready to go out on to the streets and they will have us to deal with." Libya Insists Saif Al-Islam Gaddafi Should Be Tried At Home The Guardian By Martin Chulov October 29, 2011 Libyan officials are determined to resist attempts to bring Muammar Gaddafi's son, Saif al-Islam, before the international criminal court, claiming he should instead face justice at home. Colonel Ahmed Bani, the military spokesman for Libya's interim rulers, said they were insistent that the international body should not win custody of its most wanted man. "We will not accept that our sovereignty be violated like that," he said. "We will put him on trial here. This is where he must face the consequences of what he has done. We will prove to the world that we are a civilised people with a fair justice system. Libya has its rights and its sovereignty and we will exercise them." The gruesome scenes of his father's death give Gaddafi, 39, little incentive to surrender to the new rulers, or the rebel forces searching for him in the Sahara. It is understood that Gaddafi has acknowledged to the ICC and the National Transitional Council that he is aware of his father's brutal demise in his hometown of Sirte. Officials in Tripoli fear that the former heir apparent does not intend to surrender to The Hague, and is playing for time in an attempt to escape into a nearby African state.
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The seven-month air blockade will be lifted on Tuesday, meaning that Gaddafi, who is believed to be in the south, may no longer have to fear the Nato jets that attacked a convoy carrying his father, as he attempted to flee from Sirte. A convoy carrying Saif was also hit by an airstrike as it began its journey south on 19 October from the desert town of Bani Walid, which he had used as a hideout since shortly after the fall of the capital. "We knew he was there, and we knew Motassim [his brother] was in Sirte," said Bani. "We intercepted a telephone call between them, and after that Saif went south." Since then, the ICC says that a go -between has been in contact, sounding out the court about Gaddafi handing himself in to face an indictment issued against him in June, which alleges that he incited people to murder during the eight-month civil war. Luis Ocampo, the ICC chief prosecutor, said that a representative of Gaddafi had told the court that he would contest the serious charge against him, of committing crimes against humanity, and that he would be proved innocent. Bani said that the NTC believed Gaddafi was being protected by mercenaries who also helped evacuate two of his brothers, as well as his sister and mother, to Algeria in August, and who tried to aid his father's ill-fated escape from Sirte. "They are organised and clearly professional," he said. "We don't know who they are, but we suspect they are foreigners." Libya's fledgling civilian leadership has repeatedly sought assurances from the governments of Mali and Niger that neither state would offer Saif Gaddafi refuge. However, another son, Saadi, is known to have crossed into Niger in September, where he remains under regime protection. Saadi Gaddafi is not considered to have played a pivotal role in the crackdown against anti-regime demonstrations in Benghazi in February, which led to the armed insurrection. However, at the time Muammar Gaddafi sent Saadi to Benghazi to assess the situation and command elite forces. Meanwhile, at the scene of the initial February uprising, the courthouse on Benghazi's foreshore, a black flag identical to that used by al-Qaida was recently raised next to the new Libyan flag. It continued to fly on Saturday, despite the concerns of some residents. Bani said that he has seen reports of the flag, which represents a claim by fundamentalist Islamists for a stake in post-Gaddafi Libya. He declined to comment ,saying a response should come from the civilian leadership. In his last interview before the fall of Tripoli, Saif Gaddafi had suggested that radical Islamists would vie for a prominent role in the absence of strongman ruler. However, he had also suggested that he had won the support of Islamic rebels from eastern Libya, whom the Gaddafi regime had viewed as subversive threats through much of its 42 years in power. Those claims of Saif Gaddafi now seem tenuous, with Islamists throughout Libya determined to capture the remnants of the Gaddafi regime before they can flee, or are extradited to face the ICC. "He is the last main piece of all of this," said Ibrahim Beit al-Mal, the commander of the Misrata military council. "But where he is, is a mystery. After Bani Walid he vanished." Without Nato air cover, intercepting the fugitive's convoy in southern Libya would be extremely difficult for Libyan forces. What remains of Colonel Gaddafi's air force is not known, and, in any event, the porous border with Niger could serve as a sanctuary if Saif Gaddafi is able to secure the support of the Tuareg tribes, which had been supported by his father for several generations. Officials in northern Niger last week suggested that they would be prepared to host Saif Gaddafi, who championed unity among Saharan Africans and gave hundreds of thousands work permits and residency in Libya.
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After Sirte fell, large amounts of cash wrapped in plastic, along with gold bullion, were dug up from the ground near Muammar Gaddafi's last refuge. It is widely believed that his son is also carrying cash and gold that he could use to buy the support of tribesmen and fund a passage into exile in a state that does not recognise the jurisdiction of the ICC. "That is what we fear," said Bani. "Few of us think that he is serious about the ICC." With Future For Saif Al-Islam Unknown, Niger Wary Reuters By Mark John October 30, 2011 The likely flight of Saif al-Islam Gaddafi from Libya to neighbouring Niger leaves the West African nation trying to balance its commitment to the International Criminal Court with avoiding another rebellion by heavily armed Tuareg tribesmen. After the killing of Muammar Gaddafi, Libya itself risks tribal violence, insurgency and chaos unless Tripoli's new government disarms regional militias and eases the grievances bottled up during 42 years of one-man rule. Thought to be on the run somewhere in the mountains on Libya's southern borders with Algeria and Niger, Saif al-Islam, 39, is desperately seeking to avoid the fate of his father, who was beaten, abused and shot as forces of Libya's National Transitional Council (NTC) captured him on October 20 after the fall of his home town Sirte. Saif al-Islam's surrender to the ICC would help restore the image of the NATObacked campaign to overthrow Gaddafi which was tarnished in the eyes of some in the West by film of the former strongman humiliated, killed and put on public display. The ICC wants to try Saif al-Islam for crimes against humanity and its prosecutor said on Sunday he had "substantial evidence" that Saif al-Islam had helped hire mercenaries to attack Libyan civilians protesting against his father's rule. "We have a witness who explained how Saif was involved with the planning of the attacks against civilians, including in particular the hiring of core mercenaries from different countries and the transport of them, and also the financial aspects he was covering," ICC prosecutor Luis Moreno-Ocampo told Reuters during a visit to Beijing. "So we have substantial evidence to prove the case, but of course Saif is still (presumed) innocent, and (will) have to go to court and the judge will decide," he said. Moreno-Ocampo said he would brief the U.N. Security Council on Wednesday about the court's work in Libya. A senior member of Niger's coalition government told Reuters Saif al-Islam's whereabouts remained unknown, but that surrender was his best option. Niger would cooperate with the ICC to ensure he was handed over as safely as possible. "It's perhaps best that he goes of his own accord rather than to be hunted and caught by Libyans who will end up lynching him as they did to his father," said Habi Mahamadou Salissou, vice-president of the Nigerien Democratic Movement. But Tuareg nomads straddling the border region, many of them returning home with their weapons after fighting for Gaddafi in Libya, still feel a sense of loyalty to the late dictator who bankrolled their revolts in Niger. "Gaddafi backed virtually all the rebellions in Niger and then managed to find a solution to them," said Salissou, a former foreign minister.
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"No Negotiations" Now Niger risks sparking a new Tuareg revolt if it mishandles any entry by Saif alIslam onto its soil, a leading human rights official there said. "Niger has the same border, is part of the same family as Libya and has lots of ties with Libya and the Libyans of Gaddafi," said Moustapha Kadi, national coordinator of Niger's human rights and democracy groups. "Even if the government takes the decision (to hand al-Islam over) national opinion must be consulted to make sure that this does not create further tensions -- that is the last thing we need right now," he said in an interview. Thanks in part to talks hosted by Gaddafi, Niger and neighbouring Mali managed in 2009 to seal a shaky peace with Tuareg rebels after a two-year insurgency that was just the latest bout of unrest in the north going back decades. "If he decides to seek asylum, the government is free to study that - without ruling out the ICC's request. We should put Niger's interests first," said Kadi. "We have just got shot of a rebellion. We don't want any more conflict in the north." The NTC may try Saif al-Islam itself, but the fugitive Libyan has been in indirect contact with the ICC over a possible surrender, though he may also harbour hopes that mercenaries can spirit him to a friendly African country. Algeria, which took in Saif al-Islam's mother, sister, brother Hannibal and halfbrother Mohammed, is not a signatory to the treaty that set up the ICC. Nor is Sudan or Zimbabwe. The Hague-based ICC has warned Saif al-Islam that it could order a mid-air interception if he tried to flee by plane from his unidentified Sahara desert hideout for a safe haven. "We received through an informal intermediary some questions from Saif apparently about the legal system -- what happens to him if he appears before the judges, can he be sent to Libya, what happens if he's convicted, what happens if he's acquitted," said Moreno-Ocampo. "We are not in any negotiations with Saif," he said, adding that the ICC would not later force him to return to Libya provided another country is willing to receive him after he is either acquitted or is convicted and has served his sentence. The NTC's interim information minister, Mahmoud Shammam, said the council had not discussed the indirect contacts between Saif al-Islam and the ICC. "We don't have a formal position on the reports," he told Reuters in Tripoli. Before a popular uprising imperiled his father's grip on Libya, Saif al-Islam had cast himself as an enlightened supporter of reform at home and across the Arab world. But then he swore to crush opponents of his father's 42-year rule. Asked about Saif al-Islam's metamorphosis, Moreno-Ocampo said: "After all these years, nothing surprises me." ICC Still Negotiating Surrender Terms With Kadhafi Son Agence France-Presse November 2, 2011 The international war crimes court is still negotiating surrender terms with Moamer Kadhafi's son, Seif al-Islam, the court's prosecutor said Wednesday.
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The International Criminal Court has "received questions from individuals linked to Seif al-Islam about the legal conditions attaching to his potential surrender," chief prosecutor Luis Moreno-Ocampo told the UN Security Council. While Seif is worried that he could be handed over to Libya's new government, Moreno-Ocampo highlighted fears that mercenaries were trying to help Kadhafi's heir-apparent to escape. He said however it was possible Libya's new government could be given jurisdiction in the case against Seif and Abdullah al-Senussi, the late dictator's brother-in-law and intelligence chief. The ICC issued warrants on June 27 against Kadhafi, Seif and Senussi on June 27 accusing them of crimes against humanity during the crackdown against Libyan protests. Charges against Kadhafi could be formally dropped when the court gets official proof of the strongman's killing on October 20. Seif and Senussi have not been seen since and Moreno-Ocampo said his office was "galvanizing efforts" to bring them to justice. Seif's representatives have asked questions such as what would happen to him if he appeared before judges and the various conviction and acquital possibilities, the prosecutor told the 15-member Security Council which referred the Libya case to the ICC. The court had "clarified" that under its founding Rome statute "he may request the judges not to order his return to Libya after his conviction or acquital." "Judges can also decide if he may be extradited to another state," the prosecutor said. Libyan authorities have told the ICC that they are preparing their own national judicial process. Moreno-Ocampo said it would be for ICC judges to rule on any "challenge" for jurisdiction over Seif made by the new government. "We are also receiving information that a group of mercenaries may be endeavoring to facilitate his escape from Libya. We are calling upon states to do all that they can to disrupt any such operation." The prosecutor also challenged the council to do more to bring the wanted Libya regime figures to justice. Moreno-Ocampo said it was up to Seif and Senussi "to decide if they will surrender themselves, remain in hiding or try to escape to another country. It is up to the UN Security Council to ensure that they face justice for the crimes for which they are charged." The ICC, with the UN sanctions committee on Libya and the international police agency, Interpol, were hunting for Seif's assets, which could be used to compensate his victims, the prosecutor said. ICC investigators went to Libya last week to collect more evidence in the case against Seif and also into allegations of mass rapes by Kadhafi forces during the crackdown against protesters. Hundreds of rapes are suspected to have been carried out, Moreno-Ocampo said. Investigators have "interviewed a limited number of victims, who were kidnapped and raped in unknown secret detention centers," he added. Witnesses have indicated that Kadhafi and Senussi and other top officials "were discussing the use of rape to persecute those considered dissidents or rebels."
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Allegations of crimes have also been made against the NATO forces that conducted airstrikes on Kadhafi targets and by National Transitional Council forces "including the alleged detention of civilians suspected to be mercenaries and the alleged killing of detained combatants," the prosecutor said. "These allegations will be examined impartially and independently by the office," he vowed.
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AFRICA
International Criminal Tribunal for Rwanda (ICTR)

Official Website of the ICTR
Rwanda Tribunal to Free Convict Early Hirondelle News Agency October 25, 2011 For the first time ever, the International Criminal Tribunal for Rwanda has granted early release to one of its convicts, Michel Bagaragaza, who has served three-quarters of an eight year sentence for complicity to commit genocide. Under a court order issued Monday by ICTR president Judge Khalida Rachid Khan, the former head of the Rwandan Tea Authority is to be released on December 1, 2011 from the prison in Sweden where he is currently jailed. Judge Khan directed the ICTR Registry to inform the Rwandan and Swedish authorities about the order as soon as possible. Judge Khan based her decision on jurisprudence of the International Criminal Tribunal for former Yugoslavia (ICTY) regarding release after three-quarters of a sentence served; on the fact that Bagaragaza confessed to crimes and expressed remorse; and on his good behaviour in jail as attested by the Swedish prison authorities. Bagaragaza surrendered himself to the ICTR on August 15, 2005 and pleaded guilty to complicity to commit genocide. He confessed to stocking arms used during the genocide at the Rubaya tea factory in Gisenyi prefecture (northern Rwanda). He also said he gave money, arms and the use of tea factory vehicles to Interahamwe militia who were massacring Tutsis, out of fears for the safety of himself and his family. On November 17, 2009, the ICTR found Bagaragaza guilty and sentenced him to eight years in jail with credit for the time already served in the ICTR Detention Facility since 2005. He was sent to Sweden in July 2010 to complete his sentence. In the past, the ICTR has always refused requests for early release of its convicts. In April 2009, Italy unilaterally released Italo-Belgian ICTR convict Georges
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Ruggiu, in violation of the ICTR Statute. Ruggiu also pleaded guilty before the ICTR. He is the only non-Rwandan to have been tried by the Tribunal. ICTR to Deliver Judgment in the Case of Former Rwandan Mayor November 17 Hirondelle News Agency October 25, 2011 The International Criminal Tribunal for Rwanda (ICTR) will deliver its judgment in the case of former Rwandan mayor, Gregoire Ndahimana, on November 17, 2011, according to a scheduling order issued by the Tribunal. Ndahimana, who was Mayor of Kivumu commune in Kibuye prefecture, Western Rwanda, is charged with genocide, complicity in genocide, as alternative count and extermination, as a crime against humanity. He allegedly planned with others massacres of Tutsis at Nyange Church in his commune between April 14 and 16, 1994. Other authorities linked with the massacres at the church where more than 2000 Tutsi refugees were killed include genocide-convict, Father Athanase Seromba, currently serving life imprisonment, businessman Gaspard Kanyarukiga, who was sentenced to 30 years imprisonment in the first instance and Fulgence Kayishema, ex-Judicial Police Inspector of the commune, still at large. During closing arguments on September 21, 2011, the prosecution requested a Trial Chamber presided by Judge Florence Rita Arrey to hand down life imprisonment sentence to the defendant because of acts he performed in his capacity as mayor of the commune and for betraying the trust of his people. It alleged further that prosecution witnesses sufficiently proved beyond reasonable doubt that Ndahimana was the principal participant in the destruction of the church; he led the attackers by examples; gave them means and facilitated every move. However, the defence sought for acquittal, claiming that the accused bore no criminal responsibilities and that prosecution witnesses who testified to support the claims were not credible, following discrepancies of their testimony and previous statements they made regarding the killings. According to the defence, Ndahimana was not present at the massacre site at the time the offences were committed and defence witnesses produced undisputed evidence of alibi to support such position. Ndahimana's trial took off September 6, 2010 and 15 witnesses testified for prosecution before concluding its case on November 19, 2010. Ndahimana opened his defence on January 17, 2011 and winded up May 13, 2011 after presenting 30 witnesses. He was arrested in the Democratic Republic of the Congo (DRC) on August 10, 2009 and transferred to United Nations Detention Facility in Arusha on August 21, the same year. Former Senior Public Officer Supports Ngirabatware's Alibi Defence Hirondelle News Agency October 26, 2011 Former Rwandan senior public officer Jean Baptiste Byilingiro Wednesday supported the defence of alibi for ex-Planning Minister Augustin Ngirabatware over his presence in Kigali Capital, during early days of genocide between April 6 and 12, 1994. Byilingiro, who was Director of the National Program for Social Action under the Ministry of Planning, told the International Criminal Tribunal for Rwanda (ICTR) that after the death of President Juvnal Habyarimana on April 6, 1994, he
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sought refuge at the Presidential Guard camp and remained there the whole night. "At around 11pm a number of politicians joined us at the camp in a small office. Among them was Augustin Ngirabatware," the director said. Byilingiro alleged further that on April 7, 1994 he left the camp to his home and later went to the French Embassy together with his family. On the next day, he said, the number of refugees at the embassy increased tremendously. "I remember very well that Ngirabatware and his family arrived on that day," the witness said. According to him, they remained at the embassy as from that day until April 12, 1994 when they were evacuated to Kanombe Airport by French soldiers. In cross-examination by prosecuting attorney Rashid Rashid, the witness admitted, among others, that when applying for refugee status in Belgium in 1999 and 2000, he never mentioned that he went to the presidential guard camp for safety after the killing of President Habyarimana. "I did not think it was relevant to mention that considering the nature of my application," Byilingiro quickly responded. The prosecution has been alleging that between April 6 and 8, 1994, Ngirabatware was in his home prefecture of Gisenyi, Central Rwanda, busy distributing rifles, grenades and even inciting the population to kill Tutsis. However, the defendant has consistently produced evidence, through several witnesses, maintaining that between April 6 and 12, 1994, he never left Kigali. The defence hearing continues Thursday. Ngirabatware is charged with conspiracy to commit genocide, genocide or in the alternative, complicity in genocide, direct and public incitement to commit genocide and extermination and rape as crimes against humanity. He was arrested in Germany on September 17, 2007 and transferred to ICTR custody on October 8, 2008. His trial took off on September 22, 2009.? Ex-Planning Minister's Trial Adjourned to Next Year Hirondelle News Agency October 27, 2011 The International Criminal Tribunal for Rwanda (ICTR) Wednesday adjourned the genocide trial of former Rwandan Planning Minister Augustin Ngirabatware to the end of January 2012, whereas the evidence phase had been expected to conclude this year. Three defence witnesses have still to testify. "Because of the schedule of cases of the Tribunal and involvement of judges in those cases, we will not be coming back to this case until January 30, 2012," presiding Judge William Sekule said as he adjourned the proceedings. The trial began on September 22, 2009. ">text Ngirabatware is charged with conspiracy to commit genocide; genocide or, in the alternative, complicity in genocide; direct and public incitement to commit genocide; and extermination and rape as crimes against humanity. The indictment alleges that around early April 1994, the accused engaged in a joint criminal enterprise with other authorities in his native Nyamyumba commune (Gisenyi prefecture) in northern Rwanda, to exterminate Tutsi civilians as part of a widespread and systematic attack against the Tutsi population. Ngirabatware was arrested in Germany on September 17, 2007 and transferred to ICTR custody on October 8, 2008. He is the son-in-law of Felicien Kabuga, the alleged sponsor of the 1994 genocide, who is still on the run.
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Prosecution's Testimony in Special Hearings for Kabuga Ends Hirondelle News Agency October 28, 2011 The prosecution's testimony in the special hearings concerning the most wanted genocide fugitive, Flicien Kabuga, came to the end on Thursday before the International Criminal Tribunal for Rwanda (ICTR), according to the spokesperson of the Tribunal, Roland Amoussouga. The prosecution had previously indicated that it would call at least 44 witnesses in the special deposition proceedings, which commenced on May 23, 2011. The proceedings were being held in total closed session.Following such new development, Judge Vagn Joensen adjourned the proceedings sine die. ">text Kabuga, who is considered the financier of the 1994 genocide, is charged with conspiracy to commit genocide, genocide or in the alternative, complicity in genocide, attempted to commit genocide, direct and public incitement to commit genocide and crimes against humanity (persecution and extermination). While prosecution's testimony for Kabuga comes to the end, that involving former Commander of the Rwandan Presidential Guard, Major Protais Mpiranya, commenced on October 24, 2011 and the prosecution has indicated that it would call around 30 witnesses. Evidence preservation hearings are also expected to start soon for wanted exDefence Minister Augustin Bizimana. ICTR sources allege that Kabuga is said to be carrying out his commercial activities in Kenya, while Mpiranya is allegedly being protected by senior officials in Zimbabwe, whereas Bizimana may be hiding in the Democratic Republic of Congo (DRC). ? European Human Rights Court Greenlights Extradition to Rwanda Hirondelle News Agency October 28, 2011 The European Court of Human Rights (ECHR) ruled on October 27 that "if extradited to stand trial in Rwanda, Sylvre Ahorugeze would not risk a flagrant denial of justice". If confirmed in appeal, this decision could reverse the jurisprudence regarding extraditions to Rwanda. Sylvre Ahorugeze, a Rwandan charged with genocide in his home country, had filed a complaint before the ECHR to dispute Sweden's decision to extradite him to Rwanda, notably on grounds that he would not be guaranteed a fair trial. However, the ECHR stated that "referring to experience gathered by Dutch investigative teams and the Norwegian police during missions to Rwanda, the Court concluded that the Rwandan judiciary cannot be considered to lack independence and impartiality". ICTR's recent decision to extradite genocide-accused Pastor Uwinkindi to Rwanda also strongly influenced the ECHR's judgment. The court asserted that "there had been no information leading to the conclusion that Hutus generally were persecuted or ill-treated in Rwanda", and that "the conditions in the prison in which Ahorugeze would be detained and, if convicted, would serve his sentence were satisfactory". Sylvre Ahorugeze was the head of the Rwandan Civil Aviation Authority in 1994. In 2001, he moved to Denmark where he obtained a refugee status. In 2007, Rwandan authorities requested his extradition from Denmark on suspicion of involvement in genocide and crimes against humanity. According to a press
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release issued on October 27 by the Registrar of the ECHR, "as no evidence was presented in support (...) the Danish authorities did not respond to that request". In July 2008, The Rwandan embassy in Stockholm informed Swedish authorities that Ahorugeze was visiting their country. As a result, Sweden apprehended him in compliance with an international arrest warrant. The Rwandan prosecution immediately requested Ahorugeze's extradition so that he could be tried for genocide, murder, extermination and involvement with a criminal gang. The extradition request was accepted in July 2009, leading the defendant to file an appeal before the ECHR. On July 27, 2011, Ahorugeze was released from detention after two years in remand custody. He was allowed to join his family in Denmark, where the ECHR's decision took him by surprise. "We were not expecting this decision. M. Ahorugeze was shocked", his Swedish lawyer Hans Bredberg told Hirondelle News Agency on Friday. He added that, if his client were to be extradited, no Rwandan would agree to testify in his defence. "Even his close relatives, who still leave in Rwanda, would not want to testify", he asserted. Sylvre Ahorugeze has three months to appeal the case. Hans Bredberg said that he will take into account the upcoming ICTR appeals court decision concerning the extradition of Pastor Uwinkindi. Appeals Verdict for Bagosora and Others on December 15 Hirondelle News Agency October 31, 2011 The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) is set to hand down judgments December 15 on three individuals, including the alleged mastermind of the 1994 genocide, Colonel Thoneste Bagosora. The other two are Lieutenant Colonel Anatole Nsengiyumva and Rwandan former senior official Dominique Ntawukulilyayo. Bagosora and Nsengiyumva are appealing life sentences for genocide and other crimes. Ntawukulilyayo is appealing a 25-year sentence for genocide. Bagosora, former Director of Cabinet in the Defence Ministry, was convicted of genocide, crimes against humanity and war crimes on December 18, 2008, for the killings of Prime Minister Agathe Uwilingiyimana and 10 Belgian peacekeepers in charge of her security. He was also found responsible for crimes committed at several roadblocks in the Kigali area and in his hometown of Gisenyi, northwest Rwanda, between April 6 and 9,1994. Nsengiyumva, who was in charge of military operations in Gisenyi, was found responsible for massacres at Mudende University, Nyundo parish, as well as the targeted killings of civilians in the area under his command. He was also found guilty of sending militiamen to the Bisesero area of Kibuye prefecture to kill Tutsi refugees in June 1994. Bagosora and Nsengiyumva were tried jointly with two other military officers, Brigadier-General Gratien Kabiligi and Major Aloys Ntabakuze, in the so-called "Military I case". Kabiligi was acquitted. Ntabakuze was also sentenced to life imprisonment by the lower court. He appealed alongside Bagosora and Nsengiyumva and their appeal hearing was set for March 30, 2011. However, Ntabakuze's appeals case was separated from the others after his lead counsel, American lawyer Peter Erlinder, failed to show up on March 30. Ntabakuze's appeal was heard on September 27, 2011, and the Appeals Chamber is still drafting the judgment. With regard to Ntawukulilyayo, the lower court convicted him of genocide on August 3, 2010. He was sentenced to 25 years in jail for his role in the April 23, 1994 massacres at Kabuye hill, Butare prefecture (southern Rwanda). The
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majority of lower court judges found him liable for transporting soldiers to the hill, who later joined other assailants in killings of Tutsi refugees. The refugees were moved from Gisagara market in the same prefecture to the massacre site under Ntawukulilyayo's orders, on promise that they would be protected. Appeals Hearing for Two Genocide Convicts in Mid-December Hirondelle News Agency November 1, 2011 The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) will hear the appeals of Rwandan former businessman Gaspard Kanyarukiga and military commander Ildephonse Hategekimana on December 14 and 15 respectively. Both men are appealing long prison sentences for involvement in the 1994 genocide. Lieutenant Hategekimana commanded the Ngoma military camp in Butare prefecture, southern Rwanda, in 1994. He is appealing a life sentence imposed on him by the lower court on December 6, 2010, for genocide and crimes against humanity (murder and rape). Hategekimana was found responsible for ordering the massacres of Tutsis who had sought refuge at the Ngoma church in Butare prefecture. Regarding Kanyarukiga, the lower court convicted him of genocide and extermination as a crime against humanity on November 1, 2010. He was sentenced to 30 years in prison for his role in massacres of Tutsis at Nyange Parish in Kivumu commune, Kibuye prefecture (western Rwanda), on April 16, 1994. Judges found him responsible for planning, with others, the demolition of the parish church, while knowing that about 2,000 Tutsis had taken refuge in it to escape widespread massacres. Kanyarukiga was not an educated businessman but nevertheless influential in Rwanda and money is what made him known in the society. He had business not only in his native commune but also in the capital Kigali, where he had a second wife. Planning Minister's Judgment Not Before June Hirondelle News Agency November 1, 2011 The genocide trial of Rwandan ex-Planning Minister Augustin Ngirabatware, originally scheduled to end this year, looks unlikely to be completed until at least June 2012, following its recent adjournment. "Possible dates for the filing of closing briefs will be April 5, 2012, and closing arguments are tentatively scheduled on May 2 and 3, 2012," presiding judge William Sekule of Tanzania said as he adjourned the trial on October 26."Judgment delivery is planned for June 2012." Judge Sekule last week adjourned the trial to January 30, 2012. Three defence witnesses have still to be heard and other matters are also pending. Ngirabatware is charged with conspiracy to commit genocide; genocide or, in the alternative, complicity in genocide; direct and public incitement to commit genocide; extermination and rape as crimes against humanity. He was arrested in Germany on September 17, 2007, and transferred to ICTR custody in Arusha, Tanzania, on October 8, 2008. His trial took off on September 22, 2009. Planning Minister's Judgment Not Before June Hirondelle News Agency November 1, 2011
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The genocide trial of Rwandan ex-Planning Minister Augustin Ngirabatware, originally scheduled to end this year, looks unlikely to be completed until at least June 2012, following its recent adjournment. "Possible dates for the filing of closing briefs will be April 5, 2012, and closing arguments are tentatively scheduled on May 2 and 3, 2012," presiding judge William Sekule of Tanzania said as he adjourned the trial on October 26."Judgment delivery is planned for June 2012." Judge Sekule last week adjourned the trial to January 30, 2012. Three defence witnesses have still to be heard and other matters are also pending. Ngirabatware is charged with conspiracy to commit genocide; genocide or, in the alternative, complicity in genocide; direct and public incitement to commit genocide; extermination and rape as crimes against humanity. He was arrested in Germany on September 17, 2007, and transferred to ICTR custody in Arusha, Tanzania, on October 8, 2008. His trial took off on September 22, 2009.
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Special Court for Sierra Leone (SCSL)

Official Website of the Special Court for Sierra Leone
Special Court Orders Sierra Leone Government to Back-Off! Awareness Times By Aruna Turay November 1, 2011 The Special Court of Sierra Leone SCSL has ordered the government to back-off on the issue of the eight convicted prisoners charged with war crimes presently serving jail terms in Rwanda. This was disclosed by the Minister of Information and Communications Alhaji Ibrahim Ben Kargbo in an exclusive interview with the Awareness Times yesterday Monday October 31, 2011. Minister I.B. Kargbo said the SCSL in a letter addressed to Sierra Leone's Attorney General and Minister of Justice Mr. Frank Kargbo, warned the Sierra Leone government not to interfere with the issue of the convicted prisoners. Minister I.B. Kargbo's statement to this press came about after the families of the eight war crime prisoners called on the government and other stakeholders to help transfer the Sierra Leonean prisoners back home from Rwanda to serve their remaining jail terms here. " The Special Court has cautioned the Sierra Leone government that any attempt to interfere in this matter will amount to committing an offence. As a government our position on this matter is to adhere to the letter by the Special Court. We are refraining from any sort of interference until the Special Court thinks it otherwise to release them to Sierra Leone or not," Minister I.B. Kargbo noted. He stated that his government sympathises with both the prisoners and their relatives but has little or nothing to do on this matter. Minister I.B. Kargbo however used the forum to call on the relatives to continue to exercise patience as his government is still negotiating with the UN and the Special Court on the issue.
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On their part as an opposition, the Sierra Leone Peoples Party SLPP refused to comment on the issue on the basis that they will have to meet as a party, dilate on the matter and come out with a comprehensive point of view. However, the National Publicity Secretary of the SLPP Honourable Musa Tamba Sam used this medium to call on the aggrieved relatives of the convicts to exercise patience for now. The National Publicity Secretary of the United Democratic Alliance UDM Editayo George Temple said UDM as a party respects the rule of law and relies on the state institutions to interpret the laws of the land in the interest of state security. Mr. Temple emphasised that the UDM will ensure that the cries for mercy and an amicable settlement to the families' demands are adhered to. The families of the prisoners at the Mpanga Prison in the Rwandan capital Kigali have recently complained that they are not having easy access to their relatives as they found it very expensive and challenging to visit them in Rwanda where they are presently serving their jail terms. Sierra Leone War Criminals Complain About Rwanda Jail Treatment AFP November 3. 2011 The families of eight Sierra Leone war criminals serving their sentence in Rwanda have complained about their treatment in prison there and want them transferred back home. Two family sources, who asked not to be named, told AFP they had called on government to intervene and have the prisoners brought back to finish their sentences in Sierra Leone. Government spokesman Ibrahim Ben Kargbo said that the UN-backed Special Court for Sierra Leone, set up to probe atrocities during the country's 1991-2002 civil war, had warned the government not to interfere in the matter. "We have been asked by the court to stay off from the matter as any such act will be interpreted as contempt," said Kargbo. In a nine-page petition handed by the families to the government on September 7, the men alleged that since their arrival in Kigali in October 2009 they had suffered poor nourishment and a lack of access to medical facilities. The prisoners are three ex-leaders of the rebel Revolutionary United Front (RUF), Issa Hassan Sesay, Morris Kallon and Augustine Gbao and three former leaders of the Armed Forces Revolutionary Council (AFRC), Alex Tamba Brima, Ibrahim Bazzy Kamara and Santigie Borbor Kanu. The other two are former leaders of the Civil Defense Forces (CDF), Moinina Fofana and Allieu Kondewa. The men, serving terms of between 15 and 52 years, were sent to Rwanda under a special arrangement as Sierra Leone does not have proper facilities for their detention. Rwanda: RCS Dismisses Sierra Leonean Prisoner's Claims AllAfrica.com November 3, 2011 The Rwanda Correctional Service (RCS) has refuted claims by Sierra Leone war crime prisoners that they are not accorded standard care and instead, saying they receive 'extraordinary' care. The Commissioner General of RCS, Paul Rwarakabije, said that the government had essentially provided all it was required of by the MoU, adding that the prisoners had been provided extra incentives. He was reacting to a series of media reports published in Sierra Leone's The Exclusive newspaper, that the prisoners want the Special Court to review their MoU with Rwanda and instead be relocated to another country to continue with the rest of their terms.
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"Prisoners will always complain, but the fact is we have accorded them more than what we are required. They are frequently visited by their relatives and are also accorded conjugal rights. These are international prisoners and we treat them in a special manner," said Rwarakabije. He added that the Sierra Leon prisoners have access to telephone and special meals. "We know and we have heard of their claims, but we are always in touch with the court which usually sends its representatives to visit the prisoners. There is a team from the special court which is in the country and will be visiting them soon," said the prisons boss. Currently, eight Sierra Leonean war crime prisoners sentenced by the United Nations Special Court are serving their respective sentences at Mpanga Prison in the Southern Province. The eight who were transferred to Rwanda in 2009 are Issa Sesay, Morris Kallon, Alex Tamba Brima, Santigie Borbor Kanu, Ibrahim Bazzy Kamara, Augustine Gboa, Musa Kondowa and Moinina Fofana. Kallon, who is serving a 45 year sentence, told Sierra Leonean newspaper that "Despite the international training provided for the Rwandan officers, they keep mistreating us". According to sources, the government spends Rwf 17 million annually on health insurance of the prisoners. The prisoners are insured with SORAS insurance company, according to the source, who said that they receive their medical treatment from King Faisal Hospital, Kigali, where they go for regular checkups. Sources also say that Rwanda hired a chef specialised in West African food to cook for the prisoners, contrary to claims by the convicts that they have failed to adapt to East African food. Rwanda also set up a fully furnished house close to the prison where wives of the prisoners stay for two months and visit their husbands every day from 10:00am to 03:00pm. "The prisoners are entitled to an allowance of US$150 every month for communication. They are supposed to use the money to call their families and relatives," sources added. However, officials say that the prisoners abused the communication funds by calling the media back in Sierra Leona and smeared the Rwandan government claiming that it had mistreated them. Unconfirmed reports indicate that the prisoners want to be relocated to Europe so that their wives can seek asylum in the host countries under the guise of being near their husbands.
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EUROPE
The Court of Bosnia and Herzegovina, War Crimes Chamber
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Official Website [English translation]

The First Instance Verdict in the Case of Zoran Babic et al Revoked The Court of Bosnia and Herzegovina October 26, 2011 The Appellate Panel of Section I for War Crimes of the Court of BiH upheld the Appeals of the Defense Counsel for Zoran Babic, Milorad Skrbic, Dusan Jankovic and eljko Stojnic and following a public hearing issued a verdict revoking the First Instance Verdict of the Court of BiH dated December 21, 2010 with reference to these Accused, ordering a retrial before the Appellate Panel of Section I for War Crimes of the Court of BiH. The Appellate Panel refused the Appeal of the Prosecutor's Office of BiH from the acquitting part of the Verdict concerning Milorad Radakovic and upheld the Verdict in that part. Concurrently, the Appellate Panel terminated the custody of the Accused Zoran Babic, Milorad Skrbic, Dusan Jankovic and eljko Stojnic, which was imposed by the First Instance Panel upon the pronouncement of the First Instance Verdict. The Panel has held that the prohibiting measures which preceded the custody measure were still necessary to ensure the presence of the Accused. Pronouncement of the Verdict in the Ljubisa Vranjes and Another Case The Court of Bosnia and Herzegovina October 27, 2011 The first-instance Verdict before Section I for War Crimes of the Court of Bosnia and Herzegovina (BiH) in the Ljubisa Vranjes and another case shall be pronounced on October 28, 2011, starting at 2.00 p.m. in Courtroom 6. On November 17, 2010, the Court of Bosnia and Herzegovina confirmed the Indictment in the case of Goran Markovic et al., charging the accused Goran Markovic, Ljubisa Vranjes and Mladen Milic with the criminal offense of War Crimes against Civilians. On March 11, 2011 the Court issued a decision in Goran Markovic et al. (S1 1 K 002735 10 Kro) separating proceeding in relation to the accused Goran Markovic, therefore from now on this case shall be processed under the number of Goran Markovic (S1 1 K 004988 11 KrI), while proceeding in relation to the accused Ljubisa Vranjes and Mladen Milic shall continue to be processed under the number of Ljubisa Vranjes et al. (S1 1 K 002735 10 KrI). Mirsad Vatrac Ordered into Custody The Court of Bosnia and Herzegovina October 27, 2011 On October 27, 2011 the Court of Bosnia and Herzegovina (BiH) granted a Motion of the Prosecutor's Office of BiH and rendered a decision in the Mirsad Vatrac et al. case ordering the suspect Mirsad Vatrac into onemonth custody. Pursuant to this Decision their custody may last until November 26, 2011. Mirsad Vatrac is suspected of the criminal offense of War Crimes against Civilians. Having examined the Motion and the evidence submitted, the Court concluded that there was a grounded suspicion that the suspect had committed the criminal offense as charged. The Court ordered custody given that there are circumstances suggesting the risk of flight on the part of the suspect.
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Zemir Kovacevic Ordered into Custody The Court of Bosnia and Herzegovina October 31, 2011 On October 29, 2011 the Court of Bosnia and Herzegovina (BiH) partially granted a Motion filed by the Prosecutor's Office of BiH and rendered a decision in the Zemir Kovacevic et al. case, ordering the suspect Zemir Kovacevic into one-month custody. Pursuant to this Decision his custody may last until November 28, 2011. Zemir Kovacevic is suspected of the criminal offense of War Crimes against Civilians. Having examined the presented evidence, the Court concluded that there is grounded suspicion that the suspect committed the criminal offense he has been charged with. The Court ordered custody given that there are circumstances suggesting the risk of flight on the part of the suspect as well as having found that there are particular circumstances indicating that, if released, he might hinder the inquiry by influencing the witnesses and accomplices. Ljubisa Vranjes and Mladen Milic Sentenced to 10-year Imprisonment Each The Court of Bosnia and Herzegovina October 31, 2011 On October 28, 2011 the Trial Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina, following the main trial, pronounced the First Instance Verdict finding the Accused Ljubisa Vranjes and Mladen Milic guilty of perpetrating the criminal offense of War Crimes against Civilians, in violation of Article 173(1) c), as read with Article 180 (1) of the Criminal Code of Bosnia and Herzegovina (CC of BiH). For the aforementioned criminal offense the Trial Panel sentenced them to 10year imprisonment each. The Accused Vranjes and Milic were found guilty inasmuch as, during the armed conflict in Bosnia and Herzegovina between the Army of the Republika Srpska on the one side and the Army of RBiH and the Croat Defense Council on the other, the Accused Vranjes, as a member of the Banja Luka Public Security Center, and the Accused Milic, as a member of Military Post 7551 Banja Luka, together with another member of the Military Post 7551, armed with automatic rifles, during the night of July 6, 1992, arrived at a house where three civilians (three brothers) were staying, and ordered the civilians to follow them for interrogation. The Accused took the aforementioned civilians to the Kotor Varos Municipality, and ordered them to get out of the vehicle and continue moving towards the Monument to the Soldiers Fallen in the Second World War, which they did. Thereafter, when one of the brothers asked "Where are you taking us?" the Accused Milic stepped back while the aforementioned member of the Military Post VP 7551 cocked his rifle and fired several rounds into the civilians. On that occasion two brothers succumbed to the wounds they received, while the third one sustained severe bodily injuries but managed to escape. A person shall be considered innocent of a crime until guilt has been established by a final Verdict. (Article 3 of the CPC BiH) A First Instance Panel makes a decision on the basis of the evidence which was presented at the trial by the Prosecution and the Defense. The First Instance Panel does not establish the substantive truth but pronounces its Verdict based on the evidence at trial which must be established beyond a reasonable doubt in order for a guilty Verdict to occur. This Verdict is not final. This Verdict may be appealed and an Appeal shall be reviewed by the Appellate Division of the Court. An Appeal may contain new
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evidence if the parties to the proceedings and the defense prove that they were not able to present it during the First Instance Proceedings. Respect for the principle of the presumption of innocence is an integral part of the right to a fair trial. It is recommended that commentary on a First Instance Panel's Decision not occur until a final Decision is issued. Opinions and information relating to an ongoing criminal proceeding should only be communicated or disseminated when it does not prejudice the presumption of innocence of the Suspect or the Accused. (Appendix to Recommendation Rec (2993)13 of the Committee of Ministers of the Council of Europe of July 10, 2003) Should there be commentary on the Decision, it is recommended to obtain any needed additional information from the authorized spokesperson of the Court. It is further recommended that any commentary also include the opinions of knowledgeable legal scholars and practitioners. Momir Pelemis and Slavko Peric Found Guilty of Genocide The Court of Bosnia and Herzegovina November 1, 2011 On October 31, 2011 following the completion of the main trail, the Trial Panel of the Section 1 of the Court of Bosnia and Herzegovina announced the first-instance Verdict sentencing Momir Pelemis and Slavko Peric to 16 and 19 years of prison respectively for the criminal offense of Genocide pursuant to Article 171, paragraph a) and b) of the Criminal Code of Bosnia and Herzegovina (BiH CC), as read with Article 180 (1) of the same Code. The accused Pelemis and Peric were found guilty in as much as, during a widespread and systematic attack carried out on the UN safe area in Srebrenica between July 10 and November 1, 1995 by members of the Republika Srpska Army (VRS) and the RS MUP, they knowingly provided assistance to members of the joint criminal enterprise aimed at killing the able-bodied Bosniak men from Srebrenica. The accused Momir Pelemis acted as Deputy Commander of the 1st Battalion of the 1st Zvornik Infantry Brigade (1st Battalion), and as Acting Commander of the 1st Battalion in the time period between July 9 and 21, 1995, whereas in the time period between July 14 and 17, 1995, the accused Slavko Peric acted as Assistant Commander for Security and Intelligence in the 1st Battalion. Members of the 1st Battalion under Momir Pelemis' command and Slavko Peric's immediate supervision, together with unknown VRS members, kept guard in the Kula School in Pilica and the Culture Centre building in Pilica where prisoners from Srebrenica had been detained before they were killed in the Branjevo Farm and the Culture Centre building respectively. It has not been established if the members of the 1st Battalion directly participated in the killings of prisoners but in this manner they contributed to their incarceration, which was a necessary step in the overall killing operation. Besides, they provided practical assistance to the perpetrators by securing the manpower, machinery and the fuel for loading and transportation of the dead bodies for burial. With their actions, the accused provided assistance to the perpetrators who acted with the intention to destroy and exterminate a national, ethnic and religious group of people, whose intention and purpose the accused were aware of. The Trial Panel also issued a decision to extend custody of the accused Pelemis and Peric. According to this Decision, custody can continue for nine months maximum i.e. not beyond July 31, 2012, that is, it will continue until the convicted persons are committed to serve the prison term. A person shall be considered innocent of a crime until guilt has been established by a final Verdict. (Article 3 of the CPC BiH) A First Instance Panel makes a decision on the basis of the evidence which was presented at the trial by the Prosecution and the Defense. The First Instance Panel
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does not establish the substantive truth but pronounces its Verdict based on the evidence at trial which must be established beyond a reasonable doubt in order for a guilty Verdict to occur. This Verdict is not final. This Verdict may be appealed and an Appeal shall be reviewed by the Appellate Division of the Court. An Appeal may contain new evidence if the parties to the proceedings and the defense prove that they were not able to present it during the First Instance Proceedings. Respect for the principle of the presumption of innocence is an integral part of the right to a fair trial. It is recommended that commentary on a First Instance Panel's Decision not occur until a final Decision is issued. Opinions and information relating to an ongoing criminal proceeding should only be communicated or disseminated when it does not prejudice the presumption of innocence of the Suspect or the Accused. (Appendix to Recommendation Rec (2993)13 of the Committee of Ministers of the Council of Europe of July 10, 2003) Should there be commentary on the Decision, it is recommended to obtain any needed additional information from the authorized spokesperson of the Court. It is further recommended that any commentary also include the opinions of knowledgeable legal scholars and practitioners. Status conference in the Drazen Mikulic Case The Court of Bosnia and Herzegovina November 2, 2011 The status conference before Section I for War Crimes of the Court of Bosnia and Herzegovina (BiH), in the Drazen Mikulic case, has been scheduled for November 3, 2011, starting at 12.00 p.m. in Courtroom 3. Commencement of trial in the aforementioned case has been scheduled for November 4, 2011, starting at 1.00 p.m. in Courtroom 4. On August 24, 2011, the Court of Bosnia and Herzegovina confirmed the Indictment in the Drazen Mikulic case, charging the Accused Mikulic with the criminal offense of War Crimes against Civilians. The Indictment alleges, inter alia, that the Accused, as a member of the HVO Military Police in the prison in Dretelj in Capljina Municipality, in the period from early July to late August 1993, inhumanely treated and abused imprisoned civilians and participated in the intentional inflicting of physical and mental pain upon them. According to the Indictment, the Accused also participated in violation of bodily integrity and personal dignity and forcing of the imprisoned civilians to insulting and humiliating acts.
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International Criminal Tribunal for the Former Yugoslavia (ICTY)

Official Website of the ICTY
Vojislav Seselj Contempt Case Judgement To Be Rendered On 31 October 2011 International Criminal Tribunal for the former Yugoslavia October 27, 2011
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The judgement in the trial for contempt of the Tribunal of Vojislav Seselj will be rendered on Monday, 31 October 2011 at 08.00am in Courtroom I. The contempt charges against Seselj, leader of the Serbian Radical Party, concern an alleged breach of the Tribunal's protection measures after Seselj is said to have disclosed information about 11 protected witnesses, including their names, occupations and places of residence, in a book he authored. The Trial Chamber issued its Order in lieu of a contempt indictment on 4 February 2010. The initial appearance of the accused was held on 29 April 2010. After Seselj refused to plead to the charges, the Trial Chamber entered a plea of not guilty on his behalf at the further appearance on 6 May 2010. This is the second contempt case for Seselj, who is currently standing trial before the Tribunal for alleged war crimes committed between 1991 and 1994 against the non-Serb population from large parts of Bosnia and Herzegovina, Croatia and Vojvodina, Serbia. On 19 May 2010, in the first contempt case against him, the Appeals Chamber affirmed Seselj's sentence of 15 months imprisonment for disclosing the name and other personal details of protected witnesses in a separate book he authored. The Tribunal regards the integrity of witnesses and confidential materials as essential elements in the judicial process. Several persons who have attempted to interfere with this process by revealing confidential information have been prosecuted and convicted. Omarska Witness Speaks of "Heaps of Bodies" Institute for War & Peace Reporting By Rachel Irwin October 28, 2011 A survivor of the Omarska detention camp in Bosnia testified in the trial of Radovan Karadzic this week that she began everyday by counting dead bodies that had been cast outside during the night. "My day in Omarska started with the counting of dead people who were thrown out in front of the white house," said the anonymous prosecution witness, who testified with digital face distortion. Her ethnicity was not disclosed in public session, described only as a non-Serb. Because she testified in two previous trials already, those transcripts were entered into evidence and Karadzic's cross- examination began almost immediately. The Omarska camp, and the so-called white house, have been the subject of several other trials at the tribunal. Judges in one case determined that detainees were relentlessly beaten and "tortured in front of each other" inside the white house, and often killed there as well. The conditions in the camp were found in previous judgements to be "appalling" and detainees were given very little food and water. Karadzic, who was president of the self-declared Bosnian Serb entity during the war, is challenging these previous findings. He repeatedly claimed this week that Omarska, located in the town of Prijedor in northwestern Bosnia, was merely an "investigation centre" where people were brought for questioning after Bosnian Serb forces captured the area at the end of May 1992. Prosecutors allege that Karadzic is responsible for crimes of genocide, persecution, extermination, murder and forcible transfer in various municipalities which "contributed to achieving the objective of the permanent removal of Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory".
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He is also accused of planning and overseeing the 44-month siege of Sarajevo that left nearly 12,000 people dead, as well as the massacre of some 8,000 men and boys at Srebrenica in July 1995. Karadzic was arrested in Belgrade in July 2008 after 13 years on the run and represents himself in the courtroom. Karadzic expressed doubt over almost every aspect of the witness's testimony, and asked who could "confirm" her statement regarding the bodies outside the white house. "The skeletons from mass graves can confirm that," she responded. "Do you understand? Many mass graves were found with [people who had been detained in] Omarska." "Could you describe to us every killing you saw?" Karadzic asked. "Well for the most part.." "No, no, no," Karadzic interjected. He then instructed her to describe each killing in detail "like a real witness". "Oh, like a real one, right?" she retorted. "Let me tell you, sometimes a bullet was a gift, a reward in Omarska. Before killing people, they beat [detainees] horribly with various objects." "Lady, I have no time," Karadzic responded tersely. "If you had really lived through what you claim, I would feel great sympathy." He once again asked her to describe a murder she saw "with her own eyes". "In Omarska, people mostly succumbed to injuries [from] awful torture and beatings with iron and wooden objects of all sorts," she said. "People were mostly killed by rifle or pistol bullets [but] people died for the most part because they couldn't stand the torture." "So you didn't see a single murder," Karadzic put to her once again. "I've seen many," she maintained. Karadzic also questioned the witness's previous assertion that people were taken away and she never saw them again. "This sentence is repeated in the case of many witnesses, yourself included," Karadzic said. "Are you trying to suggest something by saying that or are you aware that people were being released even before August [1992, when the camp was shut down]? As soon as a person was proven innocent, this person was released." The witness responded that she only remembered one group of detainees being transferred to another nearby camp, Trnopolje. She added that during her time in Omarska, she had to work daily in the cafeteria handing out food to detainees. "Very often I would notice that some people never came to get that single meal. When they would walk towards the restaurant, they would have to walk through a group of guards who would beat them using different objects so they avoided coming to cafeteria to avoid physical abuse," she said. Her "suspicion" for many of those who never came to get their meal was that they had been "killed during the night" and left in the "heaps of bodies on the lawn outside the white house". She added later that since people never changed their clothes after arriving at the camp, they were sometimes recognisable in the "heaps of bodies".
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"We are going to prove what you're saying is not correct," Karadzic responded. "Were there individual releases when the person was [found to be] innocent?" "I'm not aware of such cases," she said. The witness said that when she was at Omarska, she never had any idea of what she was accused of, if anything. Karadzic contended that she was "interrogated and then released". "I was kept in the concentration camp of Omarska for about two months and then another camp, Trnopolje," the witness responded. "It's not a prison, it's a camp. I testified in previous trials what I lived through." "Leave that alone, we are looking at the legal side," Karadzic said. "It's nothing to do with anything legal, it's a camp, a concentration camp, all the rules are forgotten there -- domestic legislation, international legislation -- all that was forgotten," the witness said. The trial continues next week. Vojislav Seselj Sentenced to 18 Months' Imprisonment for Contempt of the Tribunal International Criminal Tribunal for the former Yugoslavia October 31, 2011 Trial Chamber II today convicted Vojislav Seselj of contempt of the Tribunal and sentenced him to 18 months' imprisonment for disclosing confidential information pertaining to protected witnesses in a book he authored. Seselj, the leader of the Serbian Radical Party, is on trial before the Tribunal for alleged war crimes and crimes against humanity committed between 1991 and 1994 against the non-Serb population from large parts of Bosnia and Herzegovina, Croatia and Vojvodina, Serbia. On 4 February 2010, the Trial Chamber filed an order in lieu of an indictment and initiated contempt proceedings against Seselj for disclosing, in violation of the Trial Chamber's orders, information on 11 protected witnesses, including their real names, occupations and places of residence, in a book he authored. Seselj admitted he was the author of the book which was published after decisions granting protective measures were rendered in relation to 10 of the 11 witnesses. Seselj refused to enter a plea to the charges and a plea of not guilty was entered on his behalf at his further appearance on 6 May 2010. The trial commenced on 22 February 2011 and concluded on 8 June 2011. The Trial Chamber found that "the Accused knew he was disclosing information which identified ten of the witnesses and revealed that they could be involved in the Seselj case when he published the Book, and that he did so intentionally, with the knowledge that by doing so, he was violating decisions of the Seselj Trial Chamber." The Chamber noted "with grave concern the deliberate way in which the protective measure decisions imposed by the Seselj Trial Chamber were violated," and considered "this a serious interference with the administration of justice." In determining the sentence, the Chamber considered "the expanded scope of disclosure given the Book's electronic form and availability, as well as the Accused's lack of remorse."
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The Chamber also gave particular consideration "to the potential adverse impact that the Accused's conduct may have upon witnesses' confidence in the Tribunal's ability to guarantee the effectiveness of protective measures." Furthermore, the Chamber recognised the need to "discourage this type of behaviour" and to take the necessary steps so as to "ensure that there is no repetition of such conduct on the part of the Accused or any other person." This was the second trial for contempt of the Tribunal against Vojislav Seselj. In the first contempt case against him, completed on 19 May 2010, Seselj was convicted to 15 months of imprisonment for disclosing confidential information, which he will serve concurrently with the 18 months sentence he was convicted to today. The third contempt case against Seselj, initiated on 24 May 2011, is currently underway. The Tribunal regards the inviolability of its decisions on protective measures as an essential element of fair trial process and the rule of law. Several persons who have attempted to interfere with the judicial process in the Tribunal by revealing confidential information have been prosecuted. ICTY Prosecutor and OSCE Say the Justice System of Bosnia and Herzegovina is Capable of Efficiently Processing War Crimes Cases International Criminal Tribunal for the former Yugoslavia November 1, 2011 Serge Brammertz, Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), and Fletcher M. Burton, the Head of the OSCE Mission to Bosnia and Herzegovina, have announced today in Sarajevo the successful completion of the Rule 11bis Monitoring Project. The 11bis mechanism allowed the ICTY to transfer middle and lower level defendants back to the countries of the region. "The successful completion of the cases transferred by the Tribunal to the Special Department for War Crimes and BiHState Court is an important achievement. The unique co-operation with the OSCE Mission in the trial monitoring has contributed to developing a strong enduring partnership between the OTP and local prosecutors, and ultimately to strengthening the capacity of the BiH judiciary," said Brammertz. "The mechanism has been a great success both in terms of assisting the ICTY Completion Strategy and demonstrating that the country's Court and Prosecutor's Office have the necessary independence, professionalism and capacity to handle complex war crimes proceedings", said Burton. In 2005--2010, the Mission on behalf of the ICTY's Office of the Prosecutor monitored six rule 11bis cases involving ten defendants to ensure that international standards were being met. Burton said the cases tested the ability of BiH's justice system to try complex war crimes cases in a fair and efficient manner. "Following detailed monitoring of all proceedings, the Mission concluded that the justice system is capable of processing war crimes cases in line with international and national standards," he added. Vojislav Seselj Closing Arguments to be Heard From 5 March 2012 International Criminal Tribunal for the former Yugoslavia November 1, 2011 Closing arguments in the case of Vojislav Seselj will begin on Monday 5 March 2012. Both parties have been invited to file their final trial briefs no later than 5 February 2012.
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Both the Prosecution and the Accused have been allotted ten hours to deliver their closing arguments. Any requests from the Prosecution to present a rebuttal argument and from the Accused to respond to any such rebuttal will be considered after the delivery of closing arguments. Vojislav Seselj, the leader of the Serbian Radical Party, is on trial before the Tribunal for alleged war crimes and crimes against humanity committed between 1991 and 1994 against the non-Serb population from large parts of Bosnia and Herzegovina, Croatia and Vojvodina, Serbia. Seselj's trial commenced on 7 November 2007. Since its establishment, the Tribunal has indicted 161 persons for serious violations of humanitarian law committed on the territory of the former Yugoslavia between 1991 and 2001. Proceedings against 126 have been concluded. Proceedings are currently open for 35 Accused. Vojislav Seselj Contempt of the Tribunal Further Initial Appearance on 4 November 2011 International Criminal Tribunal for the former Yugoslavia November 2, 2011 A further Initial Appearance in the third contempt of court case of Vojislav Seselj has been scheduled to be held on Friday, 4 November 2011 at 15:00 in Courtroom I, before Judge Burton Hall. Vojislav Seselj, the leader of the Serb Radical Party currently standing trial at the Tribunal for alleged war crimes committed in Bosnia and Herzegovina, Croatia and Vojvodina in Serbia between 1991 and 1994, is accused offailing to remove confidential information from his personal website in violation of orders of a Chamber. The confidential information published by Seselj on his website includes four books authored by the Accused and five confidential filings submitted by him as part of his main trial and two previous trials for contempt of court. These books and filings reveal confidential information about a number of protected witnesses who testified in his main trial before the Tribunal for alleged war crimes. This is the third time that Seselj has been charged with contempt of the Tribunal. The previous charges relate to two of the four books listed in the latest indictment. On 19 May 2010 the Appeals Chamber confirmed the Trial Chamber's finding that Seselj was guilty of contempt for disclosing the personal details of protected witnesses in a book he authored and affirmed his sentence of 15 months' imprisonment. Seselj was ordered to remove the book from his website. In February 2010 contempt proceedings were initiated against Seselj for a second time for disclosing the personal details of protected witnesses in a book he authored and the Trial Chamber sentenced him to 18 months' imprisonment on 31 October 2011.
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Domestic Prosecutions In The Former Yugoslavia

Croatian Leader Tries to Ease Tensions Over War Crimes Law EurActiv.com October 26, 2011
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Croatian President Ivo Josipovic said that he is willing to broker an agreement to defuse tensions with Serbia, which indicted Croatian nationals on war crimes charges stemming from the fratricidal wars between 1991 and 1995. Josipovic said negotiations are better for Croatia than a recently adopted law that seeks to void war crimes indictments sent from Serbia, the Croatian agency HINA reported. The law was drafted hastily after Serbia issued indictments for war crimes against Croatian nationals, including prominent political figures such as Vladimir Seks, the former speaker of parliament and member of the centre-right HDZ party that governs Croatia. The European Commission had called for "prudence" and "careful consideration" with regard to the Croatia government's push to pass the bill earlier this month. Josipovic said on Monday a bilateral agreement would put an end to further groundless prosecutions of Croatian war veterans and enable the continuation of cooperation in dealing with war crimes. "I call on the [Croatian] government to embark on that together," Josipovic is quoted as saying, reiterating that the new law harmed Croatia as it did not prevent situations in which war veterans could be prosecuted without probable cause. Josipovic, a Social Democrat, is at odds with Prime Minister Jadranka Kosor, the HDZ leader, in advance of parliamentary elections due in December. Explaining that he would request the Constitutional Court to review the new law, Josipovic argued that it undermines cooperation between Croatian and Serbian prosecutors which he described as good. Josipovic said that the measure could also damage relations between Croatia and Serbia, adding that Brussels was in doubt whether Zagreb was serious about strengthening the rule of law. Croatia has concluded its EU accession negotiations, but is being monitored for progress in law enforcement until its accession, expected on 1 July 2013. The accession treaty is expected to be signed on 19 December in Warsaw. Josipovic said he would call the elections after consultations with the parliamentary parties, adding that he might announce the date on Friday. Court Jails Two Bosnian Serbs Over Srebrenica Genocide Swissinfo.ch By Maja Zuvela October 31, 2011 Bosnia's war crimes court found two Bosnian Serb military commanders guilty of involvement in the 1995 Srebrenica genocide in which about 8,000 Bosnian Muslim men and boys were killed. The court Monday jailed Slavko Peric, 43, to 19 years and Momir Pelemis, 61, to 16 years. Both men were commanders in the first battalion of the Zvornik brigade. The judge Ljubomir Kitic said the two were guilty of playing a part in the detention and killing of at least 1,000 Bosnian Muslim men from the eastern enclave of Srebrenica, after it fell to Bosnian Serb forces. "Peric and Pelemis took part in a joint criminal enterprise with other members of the Bosnian Serb army and police, having a common plan and purpose to permanently and forcibly transfer the entire Muslim population from Srebrenica," said Kitic.
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Bosnian Serb forces, commanded by General Ratko Mladic, slaughtered Bosnian Muslim men and boys after they captured the town of Srebrenica, which was under the protection of United Nations peacekeepers. Mladic is in The Hague awaiting trial for orchestrating the massacre. Most of the victims were killed while trying to escape through woods. Others were rounded up and taken to warehouses or schools from where they were then taken to be executed. Kitic said Peric and Pelemis abetted the summary execution of Muslims detained at the Pilica and Branjevo farms, near the eastern town of Zvornik, some 70 kilometres north of Srebrenica. Several hours of shooting at Pilica resulted in one of the largest mass graves, making it one of the most serious crimes committed during the 1992-95 Bosnian war. The judge said Peric and Pelemis ordered soldiers in their battalion to guard the detainees from where they were taken blindfolded and handcuffed to places of execution. The prisoners' bodies were later thrown into mass graves and subsequently reburied to hide the traces of the crimes, said the judge. The Zvornik brigade was one of 13 brigades of the Bosnian Serb army that comprised the Drina corps, commanded by General Radislav Krstic, who was jailed for 35 years by the U.N.war crimes tribunal in the Hague over the Srebrenica genocide. The Bosnian court was opened in 2005 to prosecute low- and mid-ranking war crimes cases and ease the burden on the Hague-based tribunal, now focussing on top war crimes indictees, such as Bosnian Serb wartime leader Radovan Karadzic Mladic. Bosnian Serb Arrested Over Wartime Sarajevo Killings Reuters By Daria Sito-Sucic November 2, 2011 Bosnian police on Wednesday detained a Bosnian Serb ex-police commander suspected of having ordered the murder of 10 Muslim civilians at the start of the 1992-95 siege of Sarajevo, prosecutors said. Goran Saric, 47, was arrested in the northeastern town of Bijeljina, prosecutors' office spokesman Boris Grubesic said. Around 11,000 people were killed in the 43-month siege of Sarajevo by separatist Bosnian Serbs, and more than 100,000 in total during the country's war following its secession from Serbian-led federal Yugoslavia. Saric, who was the police commander in the Serb-held part of the capital Sarajevo in June 1992, has been investigated by Bosnian state prosecutors and charged with war crimes. "Defendant Goran Saric ... is suspected of having ordered the murder of 10 Bosniak (Bosnian Muslim) civilians in June 1992, and the capture and persecution of a large number of people, mostly Bosniak women and children, from the Sarajevo neighbourhoods of Nahorevo, Poljine and others," the statement said. Bosnia's war crimes court was launched in 2005 to try lower-ranking cases and ease the burden on the International Criminal Tribunal for the Former Yugoslavia (ICTY).
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The court is now trying two other Bosnian Serbs for atrocities committed against the non-Serb population in parts of Sarajevo seized by Serb forces opposed to Bosnia's independence backed by its Muslims and Croats. Ex-Croat Minister Arrested Over Post-War Killings Associated Press By Darko Bandic November 2, 2011 Croatia's former interior minister was arrested Wednesday over accusations that he ordered mass killings of anti-communists soon after the end of World War II, police said. Josip Boljkovac, 89, and two other former ranking Croatian officials have been under investigation for the alleged murders in 1945 and 1946 of soldiers and sympathizers of Croatia's Ustasha Nazi puppet regime that ruled during the war. Boljkovac, who fought as a member of the Yugoslav communist guerrillas against the occupying German and Italian troops, was a senior officer of the secret service which is accused of going on a revenge shooting spree of the anti-communists after the war ended. Boljkovac is accused of command responsibility in the killing of thousands, including civilians, who were buried in unmarked graves throughout Croatia, his lawyer Anto Nobilo said. A U.S.-based Jewish rights group expressed "alarm and shock" at the arrest of Boljkovac. Tens of thousands of Jews, Serbs and Gypsies, or Roma people, perished in the Ustasha-run concentration camps in Croatia during the war. "In view of Croatia's consistent failure to prosecute criminals of the Nazi-allied Ustasha regime in its midst, its action against a fighter who opposed the evil Ustasha forces is hypocritical and unacceptable," said Elan Steinberg, vice president of the American Gathering of Holocaust Survivors and their Descendants. "The cruelties of the Ustasha were so brutal that even elements within the Nazi hierarchy expressed shock," his statement to The Associated Press said. "Shame on Croatia for not seriously addressing these crimes." Nobilo, the lawyer, said Boljkovac denies having played any role in the killings. "The charges are shameless," Nobilo said. "He cannot be charged with command responsibility because he did not have command over those units." Boljkovac was Croatia's first interior minister in the early 1990s when the country declared independence from the former Yugoslavia. In 1994, he broke with late Croatian President Franjo Tudjman and his ruling center-right party. Croatia's former President Stjepan Mesic said the news of the arrest of "the proven anti-fascist" has shocked him. He told state HINA news agency that now that Croatia is on the threshold of entering the European Union in 2013, it must avoid charging people "who are not to the liking" of the current conservative government. Police said Boljkovac was arrested early Wednesday at his house near Karlovac in central Croatia.
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MIDDLE EAST AND ASIA
Extraordinary Chambers in the Courts of Cambodia (ECCC)

Official Website of the Extraordinary Chambers Official Website of the United Nations Assistance to the Khmer Rouge Trials (UNAKRT)
Nuon Chea Team Files Complaint Against Hun Sen, Others VOA Khmer By Kong Sothanarith October 24, 2011 Defense lawyers for jailed Khmer Rouge leader Nuon Chea on Monday filed a complaint in the national courts against Prime Minister Hun Sen and other senior Cambodian officials for alleged interference at the UNbacked court. The complaint follows the resignation earlier this month of UN investigating judge Siegfriend Blunk, who said public statements by Hun Sen and others in opposition to two cases at the court made it too difficult for him to proceed with his work. In their complaint, Nuon Chea's lawyers allege that Hun Sen, top members of the Cambodian People's Party, ministers and others were infringing on the pursuit of justice by refusing to appear for testimony at the tribunal or speaking against cases at the court. The complaint names Hun Sen, National Assembly President Heng Samrin, Senate President Chea Sim, Finance Minister Keat Chhon, Foreign Minister Hor Namhong, Information Minister Khieu Kanharith and others. Michiel Pestman, an international defense attorney for Nuon Chea, told reporters Monday he had spoken to the court prosecutor, "and he assured us that the case is going to be dealt with swiftly and according to the rules." The complaint was filed with Phnom Penh Municipal Court's deputy prosecutor, Sok Roeun, who was unavailable for comment. Government spokesman Keo Remy called the defense team "opportunist." The complaint adds further complications to the work of the court, which is working toward a trial for Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, who are charged with atrocity crimes, including genocide. Court officials say they expect to open the first substantial hearing of Case 002 on Nov. 21. Last week, the UN's top legal officer met with Cambodian officials and requested that public figures refrain from speaking out against cases at the court. Kim Suon, a civil party lawyer, told "Hello VOA" last week that Blunk's resignation represented a "sign of worry" for the court that could delay proceedings.
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In Battambang, Two Tribunal Suspects Remain Elusive VOA Khmer By Sok Khemara October 25, 2011 As the Khmer Rouge tribunal grapples with its handling of two controversial cases at the UN-backed court, at least two suspects who could face indictment have kept away from the media and out of the public eye. Sou Met, who oversaw the Khmer Rouge air force and is named as a suspect in Case 003, is currently a major general and adviser to the Ministry of Defense. Ta Tith, who oversaw the Northwest Zone and is named in Case 004, holds the same rank and a similar advisory position. Both are among five potential suspects whose cases are before the office of investigating judges. The international judge of that office, Siegfried Blunk, resigned earlier this month, citing perceived political interference by government officials. Neither suspect is willing to speak to reporters, according to friends and neighbors in Battambang province, where they both keep homes. "I told them to speak out many times, but they disagree, because they are afraid of negatively touching the Cambodian government," according to a friend of both who reintegrated into the government with them in 1996. So far, the two men have remained in Cambodia, though news of the UN-backed tribunal has sometimes made them "fearful," according to another friend, "and sometimes want to pack up and go to the jungle." "I told them, Don't do that,'" the friend said. "They should follow the news closely. If the government wanted to arrest and try [them], it would have happened already." Prime Minister Hun Sen and other top officials have publicly said they do not want the two cases to move forward in the courts. The UN's top legal representative flew to Phnom Penh last week to urge officials to refrain from such statements, which are widely criticized as a form of interference in the court's independence. In confidential documents published in several international media outlets, copies of which were obtained by VOA Khmer, prosecutors have alleged that both Sou Met and Ta Tith should be charged with atrocity crimes for their roles in the Khmer Rouge hierarchy. Sou Met oversaw Pochentong Airport, the air force and Division 502. Prosecutors say he was involved in the purges of thousands of people, forced labor and illegal detention, including hundreds of perceived enemies of the movement to the notorious Tuol Sleng prison, known to the Khmer Rouge as S-21, where they were tortured and later executed. "More than 800 personnel from Division 502 were sent to S-21," according to the prosecution's 2008 submission to investigating judges. Sou Met did not respond to multiple requests for an interview in Battambang province in July, but his daughter, Sou Malis, told VOA Khmer her father was ill. She declined to be recorded. "My father is skinny now," she said. "He is affected by diabetes and high blood pressure." A neighbor said it was impossible to describe Sou Met's life, since he only appears in a vehicle, coming and going from his fenced-off villa.
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"In the area live mostly high-ranking military and government officials," the neighbor said, on condition of anonymity. "So nobody dares to go near their houses." "He has been in and out irregularly, and it's hard to find him," said a military official in Battambang who knows Sou Met. "Sometimes we see his car, sometimes we don't see him." Ta Tith also owns a home in Battambang, though he too was unavailable for an interview. A woman who neighbors claim is his wife, a woman known as Ken, the sister of Ta Mok, a notorious Khmer Rouge figure nicknamed "The Butcher," refused to answer questions from VOA Khmer in July, claiming she was only helping Ta Tith on his farm, where he grows banana, corn, mango and other fruit. Prosecutors allege Ta Tith was involved in the persecution of Buddhists and Muslims, as the Khmer Rouge sought to eradicate religious beliefs. His marriage to Ta Mok's sister, prosecutors say, put him in a key position with the regime. Mass arrests and executions took place "systematically" throughout the Northwest Zone, prosecutors allege, "instigated and ordered by Ta Tith." Krum Mong, a village chief living near Ta Tith's Battambang residence, said the former Khmer Rouge cadre is not always around. "I see his wife and son doing some farming," Krum Mong said. "He has been in and out of this village irregularly. He just comes to visit for half a month, and then he's gone." Ta Tith also comes home for New Year and Buddhist holidays like Pchum Ben, Krum Mong said. The man who allegedly led religious purges is now religious, he said. "As far as I can see, his health has not declined much, but he has weak eyes," the village chief said. The three other leaders named by prosecutorsIm Chaem, Meas Muth and Ta Anall told VOA Khmer they are innocent of atrocity charges. There are supporters in the northwest who defend them still. Mey Mak, a former Khmer Rouge official who is currently the deputy governor of Pailin, said they and others should not be brought to court for following orders that prevented them from being killed themselves. "No one here wants cases 003 and 004, because [the suspects] mostly followed orders from the upper level," he said. "To dare not to was to be punished absolutely." Western powers "want to provoke problems," he said. "We have just left war. Having received peace like this, what else do we want?" Term Most Responsible' Remains Vexing for Tribunal VOA Khmer By Men Kimseng October 27, 2011 The office of investigating judges at the Khmer Rouge tribunal is currently considering two controversial cases that would require five more indictments.
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The investigating judges, Siegfried Blunk and You Bunleng, have said they have doubts as to whether the suspects are "most responsible" for atrocity crimes of the Khmer Rouge. But officials say that question may not be relevant and is ambiguous. "The statute of the court does not limit those within the term most responsible,'" Monh Saphan, former chairman of the National Assembly committee that originally considered the court, said. "The court has the right to charge anybody, even the prison chiefs in other regions, or even the community chief, or even the head of security from any level, and so on." Muth Chantha, a former member of the UN's negotiating team for the establishment of the court, said the idea was to find justice for the crimes of the regime. "While negotiating, the United Nations did not want these key terms in the agreement of the establishment of the tribunal, giving the right to the court or investigating prosecutors or investigating judges to solely decide," he said in a recent interview. The Cambodian government, however, raised the issue of trying those most responsible, he said. "This means that the term those most responsible' refers to those who directly received orders or plans from the senior leaders of Democratic Kampuchea and implemented those orders or plans." Prosecutors say the five suspects in cases 003 and 004 were close enough to the leadership of the regime to be investigated. According to the 2008 prosecution submission, which has been published internationally and a copy of which was obtained by VOA Khmer, those suspects are Meas Muth, former commander of the navy; Sou Met, former commander of the air force; Im Chaem, former district governor of Preah Neth Preah; Ta An, former deputy chief of the Central Zone; and Ta Tith, former secretary of Zone 1 and a member of the committee for the Northwestern Zone. The investigating judges have so far not agreed. The court is currently considering an appeal by the international prosecutor that the judges investigate Meas Muth and Sou Met, in Case 003, more closely. The judges have not concluded their investigation into the three other suspects for Case 004. Muth Chantha said there is no question the five additional suspects fall under court jurisdiction. "Cases 003 and 004, which the international co-prosecutor initiated and sent to the investigating judges for further investigation, are still within the agreement on the establishment of the tribunal, and within the meanings of the two key termssenior leaders and those most responsible," he said. He called the April conclusion by investigating judges of Case 003, which is under appeal, "very regretful." Monh Saphan too said the five suspects fall "within the legislation" passed by the National Assembly when the tribunal was established. "So it depends on either prosecutors or investigating judges to bring up the cases." The discretion of the prosecutors and judges has become an important question in recent weeks. Earlier this month, Blunk, the UN's investigating judge, announced his resignation, saying comments against cases 003 and 004 made it too difficult to do his job.
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Prime Minister Hun Sen and other top officials have repeatedly said in public statements they do not want the cases going forward, prompting a rebuke last week from the UN's top legal representative. Khieu Sorn, a former senator who voted to support the creation of the tribunal, said the court should be free to decide whom to prosecute and bring to trial. "Do not interfere in the court's work," he said. Aside from the Tuol Sleng prison chief Duch, who has already been tried at the court, he said, "there are more perpetrators that have to be put on trial for the sake of seeking justice for Cambodian victims and revealing the truth about why Khmers killed Khmers." Nevertheless, the term "most responsible" has proven ambiguous. The court statute is vague, said Kimsour Phirith, a National Assembly lawmaker for the Sam Rainsy Party who voted for the tribunal, which allows for some interpretation at the court. "Because such definitions of the terms are not clear, the court's work prosecuting the Khmer Rouge has been complicated," he said. "The current government said only a few people of the Khmer Rouge regime are considered the most important leaders. For me, as a lawmaker, those few leaders are not enough." After UN Visit, Increased Stakes for Tribunal Credibility VOA Khmer October 28, 2011 Following the visit of the UN's top legal representative to Cambodia last week, the Khmer Rouge tribunal is facing increased pressure to regain its credibility, court observers say. Patricia O'Brien, flew to Phnom Penh last week to warn Cambodian officials to refrain from speaking against two cases before the investigating judges. The office of investigating judges is now facing accusations that its judges, Siegfried Blunk and You Bunleng, altered documents for controversial Case 003, among other irregularities. Tribunal officials have told local media that edits to court documents is a regular occurrence and not improper. Blunk announced his resignation earlier this month, saying public statements by top Cambodian officials have made it impossible to do his job without perceived bias, and rights groups and others have called for You Bunleng to similarly step down. Chhang Youk, director of the Documentation Center of Cambodia, said the office of investigating judges has had irregularities "that will seriously affect the court's process, as well as its outcome." The widespread perception of political interference remains a problem, he said, one that the UN must work to solve. The UN "projected a positive image" following O'Brien's visit last week, he said, but that has been a distraction from issues facing the court. "This shows a UN weakness in providing leadership to ensure the court's international standards." Long Panhavuth, a court monitor for the Cambodia Justice Initiative, said the UN was neglecting its role to ensure the court meets high standards. The court has failed to conduct thorough investigations into alleged atrocity crimes by former Khmer Rouge leaders, he said, and the UN ignored early warnings of political interference through the public objections of Prime Minister Hun Sen and other senior officials to some cases at the court.
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"It seems like the UN is only taking credit for success, not the failures, and once it doesn't go well, they say this is a Cambodian issue," he said. This goes against the requirement that both sides are responsible for the successes and failures of the court, he said. Replacing Blunk with another UN judge and simply issuing a statement against government interference are not "real solutions," he said. "The UN must be bold in implementing the agreement" between it and the Cambodian government when the tribunal was established, said Lao Monghay, an independent political analyst. UN spokesman Fahan Haq said the UN has urged all sides to refrain from interference in the court's work. O'Brien has "made clear her concern about recent developments at the court," he said. "The UN continues to call on upon all people to respect and support integrity and independence of the [tribunal] and to support the judicial process. So that's what her goals are." Lao Monghay said there is more at stake for Cambodia than the credibility of the tribunal. Cambodia is trying to become a non-permanent member of the UN Security Council for 2013 and 2014. Whether Cambodia abides by its agreements with the tribunal could affect the way it is seen interacting with the Security Council, he said. "Would it affect the credibility, dignity and the work of the UN Security Council if there is a member, even if it is non-permanent one, that does not respect its agreements with the UN?" he asked. "This is something that must be considered." "I wonder whether other countries will support a country, generally speaking, that does not respect international agreements," he said. Ouch Borith, secretary of state for the Ministry of Foreign Affairs, said Cambodia is confident in its qualifications for a temporary seat on the council and has cooperated with the UN on the tribunal in the spirit of good will. Chhang Youk said that Cambodia's cooperation with the UN on the tribunal will factor into its council ambitions. But he recommended an investigation into the offices of the investigating judges to clear all doubts. "This will restore confidence in the court at a time when it is now preparing for Case 002, and it will help Cambodia in its application as a [non-permanent] member of the Security Council," he said. Meanwhile, it remains unclear what the UN will do next about the tribunal. Haq said O'Brien will discuss developments at the court with UN Secretary-General Ban Ki-moon and other senior UN officials "to determine what the next steps are." Whatever the steps are, the court needs to restore its credibility, said Ou Virak, director of the Cambodian Center for Human Rights. "Investigations must be conducted by an independent UN institution over political interference, illegal backdating and other irregularities," he said, as a guest on "Hello VOA" Thursday. Latt Ky, a tribunal monitor for the rights group Adhoc, said victims who are civil parties in the tribunal to seek justice and the truth about crimes of the Khmer Rouge need to be better considered, too, if the court is to be seen as credible. "A big mission of this tribunal is to rebuild human dignity, especially the victims of the Khmer Rouge regime, for them to be mentally healed and receive an
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international standard of justice," he said. "Seeking the truth is very important in this court, where many Cambodians don't understand the truth." Andrew Cayley, the international prosecutor for the tribunal, who is currently in the US, told VOA Khmer that the most important task before the court is Case 002a trial for jailed leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith. "It's very difficult for me to measure how much justice the victims actually require," Cayley said in an interview. "That's really a matter for the Cambodian people. I think the expectation is at least, at the moment, that Case 002 comes to some kind of conclusion. These are the most senior living members of the Khmer Rouge regime. These are the people who were the top of the power pyramid in the country." Cayley said the allegations of political interference have not directly affected him as the UN prosecutor. "The government has never blocked any actions that I have wanted to take on cases," he said. "I've always been able to carry out my duty. It's been very stressful at times and very challenging, but I have always been able to do what I need to do and I consistently said I would follow the laws and rules. That's my duty and I will do my duty." Cayley Retracts 003 Statement Phnom Penh Post By Mary Kozlovski October 28, 2011 Khmer Rouge tribunal international co-prosecutor Andrew Cayley was yesterday forced to retract a public statement made in May asserting that the tribunal's investigating judges had not "fully investigated" the court's controversial third case. In April, co-investigating judges Siegfried Blunk and You Bunleng quietly closed their investigation into Case 003 without having interviewed the suspects or visited certain alleged crime sites. Cayley issued a public statement requesting additional investigative steps in the case, prompting the co-investigating judges to order a retraction. In a statement released by the court yesterday, Cayley formally retracted his previous statement after the pre-trial chamber was unable to reach a majority decision on his appeal against the retraction order, meaning that the original order stood. Cayley's statement quoted excerpts from the opinion of international pre-trial chamber judges Rowan Downing and Katinka Lahuis, released on Tuesday and attached to a consideration of the rejection of New Zealander Rob Hamill's civil party application for Case 003. The opinion included charges that judges Blunk and Bunleng had backdated and altered documents on the Case 003 file, declined to recognise civil party lawyers and had shown a disregard for victims' rights. In response to questions about Downing and Lahuis' opinion, Cayley told the Post via email that he had had "very grave concerns" about the conduct of cases 003 and 004. "The law has taken its course and now all are aware of what has taken place in [Case] 003," he said. "These revelations should remind all of us of the very basic requirement to follow the law and the rules of this court."
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Judge Blunk resigned from the court earlier this month, citing public statements by officials regarding cases 003 and 004. The "Office of the Co-investigating Judges" hit back at Downing and Lahuis' comments in a statement on Wednesday, saying they had allowed court staff to correct reference numbers on certain documents in accordance with the standard court practice. Lawyers for former Khmer Rouge "Brother Number Two" Nuon Chea yesterday sent a letter calling on Judge Bunleng to resign from the court. KRT Will Hear Case 002 Allegations of Atrocities Phnom Penh Post By Bridget Di Certo October 31, 2011 The Khmer Rouge tribunal's Trial Chamber has sided with the coprosecution, declaring the four defendants accused in Case 002 can be charged with crimes against humanity, according to court documents published on Friday. The decision, dated last Wednesday, rules on a contentious legal point between the co-prosecutors and the four senior leaders accused in 002. The accused are charged with crimes against humanity including murder, torture, political and religious persecution, but they have disputed the tribunal's competency to charge them with crimes against humanity under international law. The accused claim the charge of "crimes against humanity" exists only during a state of international armed conflict and have denied the Democratic Kampuchea regime constituted such a conflict. The Trial Chamber's decision declares there need not be an "international armed conflict" for the accused to be charged with crimes against humanity -- an important clarification of the charges against the accused ahead of the start of Case 002. The trial of the four senior Khmer Rouge leaders is due to begin on November 21. UN Prosecutor Says Clouds' Hang Over Tribunal VOA Khmer By Sok Khemara November 1, 2011 The international prosecutor for the UN-backed Khmer Rouge tribunal says all the cases before the court need to be properly considered to lift the "cloud" currently hanging over it. The court is preparing for its biggest trial to date, for four jailed regime leaders, but it has faced a rash of criticism in recent months over the investigating judges' handling of two more cases at the court. The international investigating judge announced his resignation last month over repeated statements by top officials in opposition to cases 003 and 004, and two international judges issued a harsh criticism for the investigating office's improper handling of court documents related to both cases. "It is certainly a problem," Cayley told VOA Khmer in an interview this week at New Jersey's Rutgers University, where he was holding a talk. "I warned people a while back that if cases 003 and 004 were dealt in that way they were being dealt, we would end up in this situation with fairly critical judgments." Investigating judges now must defend their work, he said.
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"That's why the law has to be followed," he said. "Because then you don't have to end up constantly explaining why things are being done as they are. Then you don't end up with people having to resign in the midst of investigations or cases." Cases 003 and 004 accuse five senior Khmer Rouge members of atrocity crimes, but their full prosecution would require more indictments, something Prime Minister Hun Sen has said would create instability in the country. Those statements and others, echoed by Cambodian judges, have led to wide criticism that the court is under political pressure to put the cases to an end. Both cases "need to come to some kind of legitimate conclusion," Cayley said. "There needs to be due process. The law needs to be followed. The rules need to be followed. Otherwise it's going to create a huge mess in the court. And nobody wants that on the national side or on the international side." Case 002, which charges Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith with atrocity crimes, including genocide, will see its first substantial hearing later this month. "The commencement of Case 2 is going to be an issue that keeps everybody very busy," Cayley said. "It's a case that needs to move forward. I hope that it will lift some of the clouds that are hanging over the court in respect to cases 003 and 004." Case 002 will be the most complicated to date for the court, which has only tried Kaing Kek Iev, better known as Duch, for his role as supervisor of Tuol Sleng prison. Cayley said he believes the case against the four leaders is strong, "because of the size and scope of the crimes that were committed." "There is documentary evidence that links them with the crimes on the ground including publications of the Khmer Rouge, and including other documentary evidence," he said. "Ultimately, it's for the judges to decide whether or not these three individuals are connected with the crimes," he added. "They're presumed innocent until proven guilty. The prosecution has what's called the burden of proof. We have to proof these crimes and their connections to them beyond a reasonable doubt. But I have every confidence that we will prove our case at trial." Once that case begins, however, the tribunal will still be dealing with pressure to reclaim legitimacy in the eyes of a growing number of critics. "I find it very disappointing, and I hope that the people at the court are very committed to this, as are people in the government," said Alex Hinton, an expert in genocide and human rights at Rutgers. "I hope people can come together and reach an understanding that things must proceed in accordance with international standards." Sophal Ear, a professor at the Naval Postgraduate School in the US, speaking personally, said, he had filed as a civil party complainant to seek "truth" and "retributive justice." Allegations of misconduct at the court affect its credibility, he said. "Are they serious about justice, or are they simply going through the motions to have what appears to be an experience, and to spend $150 million, possibly $250 million, in contributions from the world in the pursuit of justice?" Sophal Ear said the court could regain confidence from people by moving forward on Cases 003 and 004.
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"The actions of the Khmer Rouge tribunal ought to be based on a legal basis, and not on a political basis," he said. "And right now it appears that things have proceeded on a political basis." Tribunal and government officials maintain that the court has not been under political pressure and is working to complete its work independently. Sophal Ear spoke at Bard College in New York, where he was scheduled to give a presentation on the tribunal to students and professors. Peter Maguire, a trustee at the college who organized the talk, said the UN must "finish what they've started." "I am shocked by how slow they've gone, especially when they know they have a limited time," he said. "They know they have limited resources. They know they have limited political will. My feeling would be that they would be pushing as quick and as hard as possible to complete the trial of the senior leaders. And they haven't."
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Special Tribunal for Lebanon

Official Website of the Special Tribunal for Lebanon In Focus: Special Tribunal for Lebanon (UN)
Hariri Assassination Still Clouds Lebanese Politics Voice of America By Jeff Neumann October 26, 2011 Lebanon's new Prime Minister, Najib Mikati, is facing his toughest test yet in office. In a matter of weeks, Lebanon is obligated to pay its share of the budget for the Special Tribunal for Lebanon (STL), the international legal body tasked with prosecuting suspects implicated in the assassination of former Prime Minister Rafik Hariri and 21 others in a powerful truck bomb attack on Beirut's waterfront in February, 2005. The STL this year indicted four men - all of whom are members of the Shiite militant group Hezbollah. While Mikati supports funding the STL, the majority of his cabinet does not. Mikati, a self-made Sunni billionaire from northern Lebanon, was nominated for the premiership with explicit backing from Hezbollah and its March 8 Alliance in January, following the collapse of Lebanon's government in late 2009. Aside from being the dominant armed group in Lebanon, Hezbollah is also the country's strongest political force. The March 8 Alliance holds a majority in Mikati's 30-member cabinet and, in theory, could bring it down over an issue such as funding the STL. The group sees the STL as little more than a tool of Israel and the United States. Untouchables The 2011 budget for the STL is $65.7 million, of which Lebanon is responsible for 49 percent according the rules set out by the tribunal. The remainder of the budget is paid for by volunteer member states. To date, 25 countries have
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contributed to the tribunal, but the only Middle Eastern country having done so is Kuwait. U.N. Secretary General Ban Ki-moon recently sent a letter to Mikati informing him that Lebanon's portion of the STL's 2011 budget was coming due. According to STL spokesman Marten Youssef, "Thirty days after receipt of that letter, the Lebanese government is supposed to pay. They haven't. And so that's where we're at right now." There is little that the STL can do if Lebanon ultimately decides not to pay its share of the 2011 budget. Lebanon can, however, be referred to the United Nations Security Council. In theory, the Security Council can invoke Chapter 7 of the United Nations charter, which stipulates that the body should "decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security," including sanctions or military force. However, this outcome is highly unlikely. Four members of Hezbollah were indicted earlier this year on charges of committing a terrorist act, conspiracy and other crimes related to the attack on Hariri's convoy. The accused - Salim Ayyash, Mustafa Badreddine, Hassan Aneissy and Assad Sabra - have not appeared in public since then. Ayyash, believed to the main planner of the attack, is a dual U.S.-Lebanese citizen. Badreddine is the brother-in-law of Hezbollah's most celebrated martyr, Imad Mughniyeh - an infamous figure who was widely believed to have planned the bombing of the U.S. Marine Corps barracks in Beirut in 1983, along with a host of other high-profile international terrorist attacks. After the indictment against the four men was unsealed last July, Hezbollah Secretary General Hassan Nasrallah said in televised remarks that the accused would not be handed over to the tribunal "even in 300 years." And with that in mind, the STL is eyeing other options. "One of the unique features of the tribunal is that we can try the accused in their absence. This is a common procedure in Lebanese criminal law. But in order for us to move into in absentia proceedings, the trial chamber judges have to be convinced that enough efforts have been made [to apprehend the accused] and that efforts laid out in the tribunals rules have been exhausted," says STL spokesman Marten Youssef. He adds, "Once both sides make their oral arguments, then we will determine whether or not to move into in absentia proceedings." Oral arguments by the prosecution and defense are due to begin on November 11 in the Netherlands - where the tribunal is headquartered for security reasons - in a development that Youssef calls "a significant milestone." It appears almost certain that the trial will proceed in absentia. Few Lebanese expect the Internal Security Forces to even attempt to apprehend the four suspects and hand them over to the STL. More than money The STL is a controversial topic in Lebanon, even among some of its supporters. Formed in 2005, the STL's first prosecutor was a German, Detlev Mehlis. Later that same year he issued the Mehlis Report, which implicated "Syrian security officials" and their allies in the Lebanese security forces in the Hariri assassination. Several Lebanese generals were imprisoned for a number of years and later released. The following year, Mehlis left the STL and was replaced for two years by Belgian Serge Brammertz, who was followed by Canadian Daniel Bellemare - the current chief prosecutor of the STL. In a televised interview with Hezbollah's Al Manar television this week, Nasrallah appeared confident and showed little urgency regarding the deadline for funding
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the STL, saying, "The issue of the tribunal's funding can be decided in the Cabinet when the time is appropriate." Nasrallah added that Hezbollah still does not support funding the STL and, in a reference to Mikati, the billionaire, said "anyone who wants to finance the tribunal, let him do it from his own pocket." But regardless of the rhetoric, the deadlines, and the veiled threats between political rivals, Mikati's government doesn't seem to be in imminent danger of collapse. At least not yet. "I think at this point, no one has any interest in bringing the Mikati government down - either internally or externally," says Lebanese political analyst Kamel Wazne. "As far as Western powers, they are very concerned about the stability of Lebanon, and I think keeping this government intact is in the best interest of keeping Lebanon stabilized." With neighboring Syria on the cusp of armed revolt, keeping Lebanon stable has for many players become even more of a priority. Although none of his dwindling options are ideal, Mikati does have some. "I think he'll go to the end," Wazne says, suggesting that Mikati will weather the current political storm. "He has an election in less than two years, and has to satisfy his constituents. He can say, I tried. I'm the prime minister, but I don't have the power to persuade everyone in the government. I did my share, but this does not mean that the issue of funding [the STL] has to destroy the country.'" Defence Office Assigns Duty Counsel to Ensure the Rights of the Accused Special Tribunal for Lebanon October 26, 2011 The Head of Defence Office assigned a primary duty counsel and a cocounsel to each of the accused, pursuant to the Trial Chamber's scheduling order of 20 October 2011. The purpose of these assignments is to ensure that the rights and interests of the accused are individually protected while the Trial Chamber considers whether to initiate in absentia proceedings. The Head of Defence Office made the following assignments: For Salim Jamil AYYASH: as lead counsel Mr. Eugene O'SULLIVAN, a Canadian national admitted to the Law Society of British Columbia; and as co-counsel Mr. Emile AOUN, a Lebanese national admitted to the Beirut Bar for Mustafa Amine BADREDDINE: as lead counsel Mr. Antoine KORKMAZ, a Lebanese and French national admitted to the Paris Bar; and as co-counsel Mr. John JONES a British national admitted to the Bar of England and Wales for Hussein Hassan ONEISSI: as lead counsel Mr. Vincent COURCELLELABROUSSE, a French national admitted to the Paris Bar, and as co-counsel Mr. Yasser HASSAN, an Egyptian national admitted to the Egyptian Bar Assad Hassan SABRA: as lead counsel Mr. David YOUNG, a British national admitted to the Bar of England and Wales, and as co-counsel Dr. Gunal METTRAUX, a Swiss national practicing before the International Criminal Court and the International Tribunal for the former Yugoslavia The assignment of duty counsel is a temporary assignment. The eight duty counsel have been selected based on their relevant experience, skills and competences, including experience in Lebanon, terrorism cases, or international tribunals as well as their language abilities. The selection of the Lead counsel was done by the Defence Office, with no involvement from any of the four accused. The co-counsel are appointed in consultation with the Lead counsel.
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Should the Trial Chamber decide to initiate in absentia proceedings, the Defence Office will be requested to assign defence counsel for the remainder of the proceedings. Should the Trial Chamber decide not to initiate in absentia proceedings, duty counsel may be withdrawn. The duty counsel shall also be withdrawn if the accused decide to participate in the proceedings, for example by designating their own counsel. The assigned counsel are paid in accordance with the Defence Legal Aid Policy. 60 Victims to Participate in Trials against STL Accused The Daily Star By Patrick Galey November 02, 2011 Close to 60 people either wounded or harmed in the 2005 bomb attack that killed former statesman Rafik Hariri have applied to participate in the trials of those accused of the crime, the Special Tribunal for Lebanon said Tuesday. A spokesperson for the court said it was pleased "with the significant number of victims who have applied" to take part in forthcoming trials. "We believe it shows that there are many victims who wish to have their voices heard in the proceedings before this tribunal," spokesperson Marten Youssef told The Daily Star. The United Nations-backed STL, established in 2009 to find and try the assassins of Hariri, is unique among international tribunals in that it includes scope within its mandate for victims of the attack to join court proceedings. A victim is defined as anyone who sustained physical, material or psychological harm from the bomb blast that killed Hariri and 22 others in downtown Beirut Feb. 14, 2005. In his June indictment accusing four Hezbollah members of the crime, STL Prosecutor Daniel Bellmare submitted a redacted list of 231 individuals wounded in the attack. It is unclear how long it will take the court to process victim applications. "The numbers are not so large as to require significant time for reviewing the applications, and once victims are accepted to participate in the proceedings they can be grouped to share legal representatives in order to ensure efficient proceedings," he said. Although the court has not set a definitive timeframe for the commencement of trials, it is thought they could begin as soon as mid-2012. In the indictment, Bellemare suggested that some witnesses had been subjected to threats and intimidation after meeting with investigators. A court statement Tuesday said victims had met with the STL's Victim Participation unit and, given that some victims are likely to be called for cross examination as witnesses, Youssef was keen to point out that the protection of applicants was a priority. "The tribunal takes issues surrounding the safety of victims very seriously. To this end the [court] can authorize measures to protect the identity of a victim during the judicial process," he said. "It is very difficult to stop the intimidating behavior of those who may be opposed to victims participating in the judicial process, however, those victims who have applied to participate, their information is treated and handled confidentially," Youssef added. The STL's Victim Participation unit is not responsible for providing the victims of Hariri's assassination with compensation for their injuries or distress, as this will be handled in Lebanese courts after any conviction.
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The court's rules state that victims, even if they have declined to participate in the trials, are still entitled to request a copy of any conviction to help with claims. The STL will next week hold a hearing discussing the viability of pressing ahead with in absentia trials for the four suspects. The men, all Hezbollah members, have so far proved elusive to authorities in spite of being the subject of a nationwide manhunt and international arrest warrants. Defence Office Press Release - Duty Counsel The Special Tribunal for Lebanon November 4, 2011 Counsel assigned as duty counsel by the Head of Defence Office met over 3 days at the headquarters of the Special Tribunal for Lebanon for intensive working sessions. They were able to familiarise themselves with the various administrative aspects of the Tribunal and to discuss, together with the Defence Office, the different legal questions certain to be asked of the Tribunal in the form, in particular, of preliminary motions. With this in mind, the Defence Office invited Professor Salim Jreissati, who shared his expertise with the defence teams and provided them with some legal considerations relating to issues regarding the legality of the Tribunal and in absentia proceedings. The Defence Office recalls that the defence teams will have complete freedom, with the assistance of any independent expert, if they so wish, to raise any legal matters before the Tribunal that they consider necessary for the defence of the Accused. At this stage, following the decision of the Chamber, the duty counsel will not represent individually the rights of each of the Accused at the hearing on 11 November. However, they shall remain responsible for defending those rights, in coordination with the Defence Office.
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Bangladesh International Crimes Tribunal

Gov't MPs Seek Action Against Khaleda Bangladesh News 24 October 27, 2011 Ruling coalition MPs have demanded legal steps against BNP chairperson Khaleda Zia for her stance against trial of 'BNP-led four-party alliance leaders over the charges of crimes against humanity committed during the Liberation War'. The trial of the crimes against humanity will be held in Bangladesh, they asserted in parliament on Wednesday and urged the new generations of Bangladeshis to be watchful about the trial. "The people of the country and the new generations have chosen the current government to try the war criminals. The country is ready for the trial," Suranjit Sengupta, who moved the notice, said. "The opposition leader has dishonoured the people by taking a stand against a decision taken in parliament," he said.
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Pointing his finger at Khaleda, the BNP chairperson, Suranjit said, "You have committed a crime." "Take steps against the criminal (Khaleda) as a court of record," he told parliament. "You (Khaleda) could put forward a proposal over the decision proposal if you had to speak. But you're condemning the trial." The senior Awami League MP appealed to the new generations to rise up to war crimes and show no mercy. State minister for law Qamrul Islam said, "The new generation will lead the nation to the complete the war crimes trial. They will lead another war after the Liberation War. This generation along with people will stop those who want to obstruct war crimes trial." He said the trial of one war criminal will begin on Oct 30 and trial of seven to eight others will begin soon. "The process of the trial has been recognised internationally." The opposition leader is trying to obstruct the trial in a planned manner, he added. Abdul Mannan said, "If (Matiur Rahman) Nizami, (Delwar Hossain) Sayedee are not war criminals, is Ziaur Rahman (BNP founder and Khaleda's husband) a war criminal? The opposition leader will have to make it clear." Fazle Rabbi Mia said, "The opposition leader is plotting to make the war criminals freedom fighter." He demanded legal steps against her. Jatiya Party's Mujibul Haque Nannu said, "No government could try the war crimes in 40 years of independence and there is an attempt to obstruct the trial when it has started." Jatiya Samajtantrik Dal (JSD) MP Moyeen Uddin Khan Badal pointed his finger at Khaleda and said, "The people of the country are not supporting what you're saying, doing, the destructive path you're following. The war criminals will be tried." He urged the opposition leader to speak in parliament. Mohammad Ali Ashraf said, "She (Khaleda) has taken stance against democracy by getting involved with those who are speaking against independence and siding with razakars, Al-Badrs. You are trying to make independence meaningless." He also demanded actions against Khaleda. Finance minister A M A Muhith said, "[Khaleda] Zia had not seen the Liberation War. She doesn't know or understand what the Liberation War is about. The war she has declared is a war to lose." He said the present government took a lot of time to collect documents and gather witnesses for the war crimes trial. "The war crimes trial will be held in Bangladesh. The present government will continue with the war crimes trial, the unfinished chapter of the Liberation War will be finished. The opposition leader's remarks will go into the dustbin of history."
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Workers Party's Rashed Khan Menon demanded that contempt of court proceedings be drawn against Khaleda for questioning the International Crimes Tribunal. "Actions need be taken against her for standing against parliament's decision by skirting parliament," he added. Sheikh Fazlul Karim Selim said people will not tolerate Khaleda's remarks that 'war crimes trial will ignite fire'. "Don't play with fire. You'll be burnt down," he shot back at Khaleda. Abdul Latif Siddique also demanded actions against the BNP chairperson for 'speaking against parliament outside in the street'. "This parliament will have to take steps. Otherwise, she will say whatever she likes," he added. Matia Chowdhury criticised Khaleda for the filing of a sedition case against Jahanara Imam, known as the Shahid Janani (mother of martyr), during her 1991 -6 tenure. She said the opposition leader has connection with the anti-liberation force for a long time. "Zia had given communalists the chance to rise," she said. "Like husband, like wife. It's clear Khaleda Zia is what, who and whose mother. You (Khaleda) are the mother of Al-Badr, Al-Shams, the anti-liberation force," she continued. Tofail Ahmed said the "world knows Nizami, Sayedee are war criminals". "How does Khaleda say that they are not war criminals?" He demanded motion to condemn Khaleda in parliament. Amir Hossain Amu said Khaleda only followed those who had gotten the chance from Ziaur Rahman to do politics. "She is trying to save the war criminals and her sons." He said a sedition case should be filed against the former prime minister. Deputy speaker Shawkat Ali chaired the session. The MPs spoke about Khaleda's remarks for over an hour. Khaleda had demanded at rallies in Sylhet and Chapainawabganj that the leaders of Jamaat-e-Islami and BNP, who had been detained on charges of crimes against humanity during the Liberation War in 1971, be freed. Jamaat chief Nizami, secretary-general Ali Ahsan Mohammad Mojaheed, executive council member Sayedee and assistant secretaries-general Muhammad Kamaruzzaman and Abdul Quader Molla, and BNP leader Salahuddin Quader Chowdhury, are behind bars. ICT Hears Plea Against Its Chief Nov. 13 Bangladesh News 24 October 27, 2011 The war crimes tribunal will hear a petition to remove its chairman justice Nizamul Huq on Nov 13. Abdur Razzaque, counsel of a Jamaat-e-Islami leader whose trial is set to begin from Sunday, filed the petition on Thursday.
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Jamaat executive council member Delwar Hossain Sayedee has been indicted on 20 counts for crimes against humanity during Bangladesh's Liberation War in 1971, by the International Crimes Tribunal (ICT). Sayedee is currently behind bars charged with war crimes that include murder, rape, arson, loot, plunder, abduction and extermination. Sayedee's counsel argued the tribunal head was part of a 40-member investigation commission of 1994 formed by a people's court, and that commission had submitted its findings. Razzaque claimed the prosecution had submitted the same investigation report to the tribunal, as a result Nizamul Huq could not hear Sayedee's case. "Thus we have demanded that he be removed from the tribunal." Razzaque said, "It's against his oath according to the Article-148 of the constitution. It violates the clauses 1, 2, 3(6) (A) and 3(6) (D) (4) of the Code of Conduct for the judges. It also violates Article-10 of the Declaration of Universal Human Rights." However, tribunal registrar and spokesperson Mohammad Shahinur Islam could not confirm whether the ICT chief would be attending the hearing. "They [ICT] will decide about it," he said. Sayedee's counsel has attached a report of the 1994 investigation commission with his plea. Nizamul was the 25th member of that commission secretariat as a lawyer. Shahinur said that the plea does not include any other evidence on the tribunal chairman's active participation on that commission's activities. Lawmakers Urge SC to Take Action Opposition Leader For Obstructing War Crime Trials Bangladesh Sangbad Sangstha October 26, 2011 Members of Jatiya Sangsad today urged the Supreme Court (SC) to take legal actions against the Opposition Leader Begum Khaleda Zia for obstructing the trials of war criminals in the country. Participating in a discussion on matters of urgent public importance under the rule -68 of the rules of procedures in House, the lawmakers sharply criticized BNP Chairperson Khaleda Zia for her recent remarks about the trials of war criminals during the road march program of the four-party alliance. Chairman of the Parliamentary Standing Committee on Law, Justice and Parliament Affairs Ministry Suranjit Sengupta moved the notice. Sengupta said criticism against the war crime tribunal is tantamount to obstructing the legal proceedings of a court. So, he said, the Supreme Court as the guardian of the judiciary should take legal actions against the persons making derogatory comments about the tribunal and added that criticizing the tribunal is a criminal offense. Trials of the war criminals have no relations with politics, but the state, the veteran parliamentarian said adding the court will try the criminals not the political parties. He said trying war criminals in Bangladesh is an international obligation and the tribunal is internally appreciated and it would remain as a model.
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Sengupta urged the young generation to raise their voice against the conspirators trying to hinder the trial of the war criminals. State Minister for Law, Justice and Parliament Affairs Advocate Quamrul Islam said sedition charges should be filed against the BNP leaders for their frequent remarks against the judiciary. Begum Khaleda Zia is intimidating witnesses of the war crimes in her addresses to different public rallies, Quamrul alleged. The JS members bitterly criticized BNP chairperson Begum Khaleda Zia for declaring a so-called war saying, Begum Zia called for another war to protect the war criminals from the ongoing trial of their crimes against humanity. Treasury bench member Abdul Mannan described Khaleda's rally in Bogra as a 'rally of marriage', which was arranged to demand release of Mujahid and Nijami. In real term, he said, Ziaur Rahamn was not a freedom Fighter, rather he was compelled to join the War of Liberation in 1971. Mannan was also critical about BNP chairperson' remarks on the Government's digitization programme saying, she (Khaleda) herself introduced it in her Borga rally. Lawmaker Advocate Fazle Rabbi Mia said Ziaur Rahman quite deliberately freed Rajakars, Albadars and Al Shams when he was in power. Referring to Khaleda's road march programme, he said it was in fact a 'picnic party' to save the war criminals. They (BNP) spent huge money in the name of road march, he said. Workers Party President Rashed Khan Menon urged the Speaker to take action against Begum Khaleda Zia for contempt of the Jatiya Sangsad as she was talking against the unanimous decision of the House. "Begum Khaleda Zia is doing illegal activities in the name of road march and calling another war against the freedom fighters," he said. Sheikh Fazlul Karim Selim said trial is going on against many 'strongmen' in the world for committing war crimes and crimes against humanity as these issues never die. So, he said, the trials of the war criminals must be held in Bangladesh and Begum Khaleda Zia would not be able to protect the offenders of 1971. Agriculture Minister Begum Matia Chowdhury described Begum Zia as mother of the anti-liberation forces -- Rajakars, Al Shams and Al Badars. She said khaleda has given the call of the so-called war to protect the war criminals. "I wish Khaleda Zia remain alive to see trials of the war criminals," she added. Recalling the events of War of Liberation, Awami League Advisory Council Member Tofail Ahmed said late Ziaur Rahman had established the anti-liberation forces in politics and his wife Begum Khaleda Zia gave them national flags. Tofail Ahmed alleged that the opposition leader is pushing the country towards a civil war. He urged the Speaker to adopt a censure against Begum Khaleda Zia in the House.
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Senior lawmaker Amir Hossain Amu said Khaleda Zia wanted to handover the state power to her corrupt sons in the name of handing power to the younger generation. Hasina Slams Khaleda For 'Opposing' War Crimes Trial Bangladesh News 24 October 29, 2011 Prime minister Sheikh Hasina has termed 'unfortunate' the alleged resistance by opposition leader and BNP chairperson Khaleda Zia against the trial of war criminals. "The trial of war crimes committed during the 1971 liberation war is being held according to the expectation of the people. But unfortunately, our opposition leader has opposed the move," she told journalists on Friday. Hasina added that the BNP chief is also trying to save the war criminals by obstructing their trials through movements. On Oct 18, Khaleda alleged that the government was out to annihilate BNP-led four-party alliance. She said the government had set up an International Crimes Tribunal with party men towards such an end. "This is not a trial but farce," she said of the war crimes trials. She demanded immediate release of Jamaate Islami leader Motiur Rahman Nizami, Ali Ahsan Mohammed Mojaheed, Delwar Hossain Sayedee and BNP's Salahuddin Quader Chowdhury, who are behind bars on war crimes charges. Khaleda said any war crimes trial would have to be transparent and there must be provisions for foreign lawyers in that process. Hasina was talking to journalists after paying respects at the Memorial Wall of Bir Pratik W A S Ouderland, the only foreigner given the gallantry award for contributions as a freedom fighter during the 1971 liberation war, at Karrakatta Cemetery in Perth. "We came to power after 21 years in 1996," she said adding that the war criminals and their patrons were in power since the killing of independence architect Sheikh Mujibur Rahman on August 15, 1975. Claiming that the trials are the demands of all Bangladeshi, Hasina said "The trial process has started and the war criminals would be tried." She recalled Ouderland's contribution to Bangladesh 's independence and said, "The way a foreigner fought for the liberation of our motherland is a great inspiration for the younger generation." A Dutch citizen, Ouderland, was posted as the CEO of Bata Shoe Company in Dhaka when the liberation war broke out. Witnessing the brutal crackdown by the Pakistani occupational forces on unarmed Bangladeshi, Ouderland was compelled to aware the world about the genocide taking place. His status as a foreigner allowed him free movement which he utilised to take photographs of the atrocities committed by the Pakistani army and their local agents then and pass them onto the world press.
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As the war progressed, Ouderland, who also took part in the World War II as a sergeant in the Royal Dutch Signals Corps, secretly began to train and assist local youths around the Tongi area in the art of guerrilla warfare. Ouderland remained in Bangladesh till 1978 and was then transferred to Australia. He later settled in Australia and died after a prolonged ailment at the age of 84. He was laid to rest in Perth. Sayadee Stands Trial Today Financial Express October 30, 2011 Detained Jamaat-e-Islami leader Maulana Delawar Hossain Sayedee stands for trial on Sunday before the International Crimes Tribunal for his alleged involvement in crimes against humanity during the 1971 Liberation War, reports UNB. Sayedee, nayeb-e-ameer of Jamaat that officially opposed the liberation war, is the first accused among five top Jamaat and two BNP leaders charged with similar offences, to be produced in the dock for trial after 40 years. According to the International Crimes (Tribunals) Act 1973, the trial will start with the opening statement by the prosecution followed by examination of the prosecution witnesses. Earlier, on Oct 3, the tribunal before framing charges against Sayedee considered 20 specific allegations out of 31 as proposed by the prosecution which falls under section 3 (2) and its sub-sections of the ICT Act 1973. Sayedee, now 71, was charged with crimes against humanity, including genocide, rape, arson attacks, looting, forcibly converting Hindus into Muslims during the Bangladesh's Liberation War in collaboration with the Pakistani occupation forces. According to the charges, Sayedee, a Razakar commander, who also helped recruit Razakars, an auxiliary force of Pakistan Army invited the army by establishing makeshift camps in Pirojpur for committing crimes against humanity. Sayedee Trial Put Off Until Nov. 20 Bangladesh News 24 By Tanim Ahmed October 31, 2011 The war crimes tribunal has adjourned Jamaat leader Sayedee's trial until Nov 20 after a heated argument with the defence. The International Crimes Tribunal was set to begin trial of Jamaat-e-Islami executive council member Delwar Hossain Sayedee, who was indicted on Oct 3 for 20 counts of crimes against humanity during Bangladesh's Liberation War. The charges against him include murder, extermination, genocide, rape, arson, murder and loot. Proceedings began amid a packed courtroom on Sunday, with observers and journalists standing at the back while other squeezed into benches already full. Noted anti-war crimes activists like Shahriar Kabir, and convenor of the Sector Commanders' Forum (a platform of army officers who had led the 1971 War of Independence in the field), ex-army chief Harun-ur Rashid were among those seated at one side of the courtroom waiting to hear opening statements that would mark the beginning of the first war crimes trial under this tribunal.
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The defence, however, pleaded that before disposing of its petition the trial could not proceed, when tribunal chief, justice Nizamul Huq asked the prosecution to begin its opening statements. This referred to the defence's petition on Oct 27 that questioned the eligibility of Huq, since he had been party to an investigation committee in 1994 for a people's court that had tried former Jamaat chief Ghulam Azam for war crimes. The hearing of that petition has been scheduled for Nov 13. Sayedee's counsel M Tajul Islam said that the trial would become prejudiced if it proceeded until his earlier petition was settled and pleaded for adjournment. Tajul further argued that the defence be given more time to prepare. He pointed out that the laws state that the defence would be given 'at least three weeks' time. "This is the least time that should be given to the defence and not the full extent of time that the defence might be allowed to prepare." Later, he told the press that tribunal was now hurrying the defence into the trial although it had allowed the prosecution months on end. Islam also said that the defence was stipulated to provide a list of witnesses and their details before the trial began. "I cannot submit the full list of witnesses at this time and the beginning of the trial precludes any such possibility at a later date according to the laws." Justice Huq told him that since the prosecution was ready to proceed he would hear the opening statement and allow the defence to submit its list of witnesses at a later date to which Islam said it would violate the rules. "The court will use its discretion to allow the defence that privilege and the trial will not be affected." Tajul Islam objected strongly when the tribunal still insisted on hearing the prosecution's opening statement, to which Nizamul Huq said that since the prosecution was ready to proceed, he was inclined to hear. Justice Huq pointed out that it was not the prosecution that needed more time but the defence. "The prosecution is ready to proceed. How can you expect to hold up the trial because of a certain petition?" Tajul firmly objected to that view and told the tribunal that under the circumstances the defence was simply not prepared to proceed with the trial. Judge Huq said that an adjournment would mean loss of further time, to which Tajul said the tribunal's sole objective should be to ensure justice. "It cannot be the tribunal's goal to save time." Tajul said a fair trial had to be a concerted effort with all sides working in tandem and reiterated his position that with the defence still not ready, the prosecution could not proceed with the opening statement. Besides that, he pointed there were a number of outstanding issues that needed to be resolved before the trial could go on. "It does not make sense that you will hold up the trial every time you file a review and ask for an adjournment until that is resolved. You are effectively asking for a stay order," Justice Huq said. Sayedee's counsel countered that he was only asking for an adjournment until the issue was resolved.
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After a lengthy and heated argument mostly between the defence counsel Tajul and the judges, the tribunal adjourned the trial until Nov 20. The tribunal also fixed Nov 13 and Nov 16 for hearing other petitions. The tribunal's indictment came after the prosecution proposed framing charges on 31 counts. Justice Nizamul Huq in his ruling noted that while the prosecution was ready to proceed with opening statements, it had not been able to bring any of its witnesses due to 'technical reasons'. He went on that the defence counsel M Tajul Islam had submitted, and with an afterthought and a brief smile at the defence counsel, the tribunal chief added 'very strongly submitted' that without adjournment fairness of the trial would be compromised. The tribunal head ordered the defence to submit its list of witnesses on Nov 20 when the court would hear opening statements and record witness statements. Before that, the court would hear one petition on the Huq's recusal on Nov 13 and another on Nov 16 to review Sayedee's indictment order of Oct 3. Charges against Sayedee, who was known as 'Deilla Razakar' in his area during the war, relate to involvement in killing of more than 3,000 unarmed people, rape of over nine women, arson, forcing Hindus to convert their religion, looting and other crimes against humanity. The crimes were committed in Pirojpur district. Sayedee on Oct 3 denied the accusations brought against him. The court then framed the charges and fixed Oct 30 for starting the trial. It also asked the prosecution and the defence to submit a list of their witnesses by then. The defence called for a review of the indictment, in response to which the tribunal asked them to submit a petition at the next hearing. Sayedee is the first man facing a formal trial among the five Jamaat leaders and two others from BNP facing similar charges. Sayedee was arrested on July 30 last year. Apart from him, Jamaat chief Matiur Rahman Nizami, secretary-general Ali Ahsan Mohammad Mojaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla have been arrested on war crimes charges. Senior BNP leader Salahuddin Quader Chowdhury and Abdul Alim, a minister in Ziaur Rahman's cabinet, have also been arrested on similar charges. Of the seven Jamaat and BNP leaders facing the war crimes charges, Alim is on conditional bail while the remaining six are behind bars. Tribunal to Seek Top B'desh Jamaat Leader's Arrest Zee News October 31, 2011 Bangladeshi authorities will seek the arrest of a top leader of the country's largest Islamist party for "crimes against humanity" during the country's 1971 'Liberation War' against Pakistan. "We have completed the investigations and will hand over our report to the prosecution cell of the (International Crimes) Tribunal on Tuesday...to seek arrest of Ghulam Azam," Abdul Hannan, the coordinator of the investigation agency, told reporters on Monday.
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The demand for the arrest of Azam, the former Jamaat-e-Islami chief and exprovincial minister under the then Pakistani junta, comes as investigators found "sufficient proof" against Azam and four other detained Jamaat leaders. Hannan said the investigators prepared the final reports on the investigation into allegations against the five as they gathered sufficient evidence against them. Azam was the chief of the East Pakistan unit of the Jamaat, which violently opposed the Liberation War and sided with the Pakistani troops. Jamaat's incumbent chief Motiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujahid and assistant secretaries general Muhammad Kamaruzzaman and Abdul Quader Molla were arrested last year. Delwar Hossain Sayeedi, the leader of the Jamaat, a key ally of the main opposition Bangladesh Nationalist Party, has been charged with atrocities including genocide, rape and religious persecution by a three-member International Crimes Tribunal (ICT) set up last year by the ruling Awami League-led government to investigate those accused of war crimes committed during the nine-month bloody conflict. Formal Charges Against Four Top Jamaat Leaders Dec. 5 Bangladesh Sangbad Sangstha November 1, 2011 The International Crimes Tribunal (ICT) today set December 5 for the prosecution to submit formal charges against four top Jamaat-e-Islami leaders including party chief Matiur Rahman Nizami, now detained in jail for alleged involvement in crimes against humanity during the War of Liberation. Chairman of the three-member tribunal Justice Nizamul Haque pronounced the date after receiving the investigation reports on the allegations against the accused -- Matiur Rahman Nizami, Ali Ahsan Mohammad Mujahid, Quamruzzman and Abdul Quader Mollah. Prosecutor Advocate Syed Hyder Ali submitted the reports to the tribunal after receiving those from chief coordinator of the investigation agency M Hannan Khan earlier in the day. The investigation agency also handed over a report on the crimes committed by former chief of Jamaat-e-Islami Golam Azam, but it was not produced before the tribunal. However, the tribunal again rejected petitions seeking bail for Nizami, Mujahid, Quamruzzman and Quader Mollah, now detained in jail for alleged involvement in crimes against humanity during the War of Liberation. Advocate Tajul Islam, counsel for the four Jamaat leaders prayed for bail for them, saying, all the accused are aged persons and sufferings from several health problems including heart diseases. The tribunal asked the jail authority to take necessary steps for their treatment. Advocate Tajul Islam also submitted a petition for recording the depositions and cross-examinations of the witnesses using audio-visual system. The tribunal disposed of the petition saying necessary rules would be framed in this regard. The tribunal asked the Bangla Academy and the National Library authorities to provide necessary information for the accused counsel following the rights to information act granting a petition.
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Earlier, the four were produced before the tribunal from the prison. Nizami and Mujahid were arrested on June 29 and Quamruzzman and Quader Mollah on July 13 last year in connection with separate criminal cases. Later, they were shown arrested for alleged involvement in crimes against humanity in 1971. The government set up the tribunal on March 25 last year with Justice M Nizamul Haque as chairman and Justice ATM Fazle Kabir and retired district and sessions judge AKM Zahir Ahmed as its members. Defense Cross-Examined 5th Witness The Daily Star November 2, 2011 Defense lawyers cross-examined Lt Col Mukim Sarker, fifth prosecution witness to the Pilkhana carnage case, at a makeshift court on Wednesday. The Metropolitan Sessions Judge's Court at Bakshi Bazar in the capital started today's proceedings around 9:40am. The court fixed November 14 for the next hearing. Earlier on October 26, the court recorded the deposition of Col Shamsul Alam Chowdhury, who was commanding officer of 44 Rifles Battalion during the mutiny, as the fourth prosecution witness of the case. The defense counsel during the court proceedings on the day accused Col Shamsul of leading the BDR carnage in Pilkhana on February 25-26, 2009. As the defense lawyer accused him at the court, Col Shamsul was seen somewhat annoyed. He asked the lawyer to prove his claims before the court. The court, however, told Col Shamsul that the lawyer could ask him questions in that way. In reply, he said, "It's not true." In his deposition, Col Shamsul said two processions entered the Pilkhana headquarters of then Bangladesh Rifles (BDR) and soon marched out with many rebel jawans on the second day of the mutiny. He also gave a vivid description of how the mutiny broke out and how he survived the carnage. The mutiny claimed 74 lives, including 57 senior and mid-ranking army officers posted at the BDR (Bangladesh Rifles), now renamed Border Guard Bangladesh (BGB). A total of 824 BDR jawans and 23 civilians are accused in the carnage case. Charges against them include arson, theft, looting, dumping dead bodies, holding people hostage and destroying property. Earlier, Nabojyoti Khisa, the complainant and first prosecution witness of the case, second prosecution witness Inspector Kamal Uddin and third witness Lt Col Mohammad Abu Tasnim were cross-examined by the defense.
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NORTH AND SOUTH AMERICA
United States
Rio Tinto Genocide Claims Reinstated by U.S. Appeals Court Bloomberg By Karen Gullo October 25, 2011 Rio Tinto Group, the world's second- largest mining company, lost a bid to throw out genocide and war crimes claims in a U.S. lawsuit filed by Papua New Guinea landowners accusing the company of human rights abuses and environmental damage. A federal appeals court in San Francisco today reversed dismissal of those two claims while upholding a lower-court judge's decision to toss claims for racial discrimination and crimes against humanity. The court said claims of genocide and war crimes fall within the limited category of issues that can be considered under the Alien Tort Statute, a law allowing non- citizens to sue in the U.S. for violations of international law. In the 2000 lawsuit, landowners claimed Rio Tinto and the Papua New Guinea government formed a joint venture to operate a Bougainville Island copper mine, once the world's largest, and were responsible for thousands of deaths related to civilian resistance to the mine. The appeals court sent the case back to federal district court in Los Angeles for further proceedings. An e-mail message to the media office at London-based Rio Tinto seeking comment on the ruling wasn't immediately answered. Steve Berman, an attorney for the landowners, didn't immediately return a voicemail message seeking comment on the ruling. Rio Tinto's Panguna mine was shut in 1989 after attacks by the Papua New Guinea army, according to court records. The case is Alexis Holyweek Sarei v. Rio Tinto PLC, 02- 56256, U.S. Court of Appeals for the Ninth Circuit (San Francisco). Trooper Describes Jihadist Materials Found in Home of Mass. Man Accused of Helping al -Qaida The Washington Post October 28, 2011 During a secret search of the home of a Massachusetts man now charged with conspiring to help al-Qaida, authorities found videos depicting violent jihad and an interview with Osama bin Laden in which he says "the battle has moved to inside America," a state trooper testified Friday. Trooper Thomas Sarrouf, the first prosecution witness at the trial of Tarek Mehanna, testified about items found in Mehanna's room during a courtauthorized clandestine search of his parents' Sudbury home in 2006. Sarrouf said
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authorities found videos depicting "jihadist scenes, combat scenes" from around the world. Sarrouf said authorities also found an interview with bin Laden conducted by a correspondent for the Arabic news network Al-Jazeera. In the interview, bin Laden talks about fighting and killing Americans. "If inciting people to do that is terrorism, and if killing those who kill our sons is terrorism, then let history be witness that we are terrorists," he said, according to a transcript read in court. During cross-examination by Mehanna's lawyer, Janice Bassil, Sarrouf acknowledged he had no way of knowing whether Mehanna read the interview with bin Laden. Mehanna, 29, is accused of traveling to Yemen in 2004 to seek terrorist training. Prosecutors say when that failed, he returned home and became part of the "media wing" of al-Qaida by translating and distributing materials promoting violent jihad over the Internet. Mehanna's lawyers say Mehanna vented his anger over the U.S. invasion of Iraq over the Internet, activities they say were protected by the First Amendment of the U.S. Constitution. Prosecutors also called several FBI computer forensic examiners who described copying the hard drive of Mehanna's computer during the secret search in 2006, when he was under suspicion but had not been charged, and later, in 2008, after he was arrested and his father consented to a search of his computer. During cross-examination, the defense focused on the furtiveness of the 2006 search. It was done while Mehanna and his family were visiting relatives in Egypt. Bassil asked Sarrouf if such court-authorized searches are sometimes referred to as "sneak and peak." Sarrouf called it a "clandestine search" done as part of a national security investigation. "It is a court-authorized and approved search of the home," Sarrouf said. Mehanna's lawyers say many of the documents found on his computer were automatically cached, but not downloaded by Mehanna. Testimony is scheduled to resume Monday. Guantanamo Authorities Reading Attorney-Client Mail, Lawyers Say The Washington Post By Peter Finn November 1, 2011 Lawyers representing detainees at Guantanamo Bay, Cuba, say authorities at the military base have begun reading privileged attorneyclient communication - in a sharp break with past practice. Legal mail is the principal means of communication between detainees charged in military commissions and their military defense attorneys, who are based in the Washington area. In a letter Tuesday, nine of the attorneys wrote to William K. Lietzau, deputy assistant secretary of defense for rule of law and detainee policy, to object to authorities reading their mail to clients at the detention center. They asked that the commander at Guantanamo Bay be ordered to "cease and desist the seizure,
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opening, translating, reading and reviewing of attorney-client privileged communications." A military official, who spoke on the condition of anonymity because he was not authorized to discuss the issue publicly, said that privileged mail between attorneys and their clients has always been clearly marked as such. Previously, military personnel at Guantanamo Bay opened the mail in the presence of detainees - thus ensuring there was no contraband in the envelopes - and handed it to them without reading the contents. Last month, the official said, Rear Adm. David B. Woods, the new commander at the prison, changed the policy and insisted on checking that the communication was relevant to commission cases. A Pentagon spokesman declined to comment, saying the matter is the subject of ongoing litigation. The nine military defense attorneys who signed the letter Tuesday - including the lawyer for Khalid Sheik Mohammed, the self-proclaimed mastermind of the attacks of Sept. 11, 2001 - argue that military commission rules of evidence specifically protect attorney-client-privileged material. They have threatened to litigate the issue to "the fullest extent," and said that doing so will stall proceedings at Guantanamo Bay. "Violations of the attorney-client privilege are acutely egregious in the context of death penalty litigation where the Supreme Court has long held that heightened due process applies," stated the letter, a copy of which was provided to The Washington Post. "It is important to note that the legal materials discussed are not classified." The attorneys, who all have security clearances, said they "are aware of the responsibilities involved in handling classified information." The issue first surfaced in a motion filed in the case of Abd al-Rahim al-Nashiri, a Saudi who is scheduled to be arraigned next week on charges of murder and terrorism for his alleged role in the October 2000 al-Qaeda attack on the USS Cole in Yemen. The subject of the Oct. 26 motion, however, could be learned only from its title, which asked a military judge "to bar" the Joint Task Force at Guantanamo Bay "from violating the attorney-client privilege by reading attorney-client information." The motion cannot be read in full yet because it is undergoing a security review. Army Sergeant Shot Afghan "With a Smile": Witness Reuters By Elaine Porterfield & Steve Gorman November 3, 2011 A U.S. Army sergeant accused of murdering three unarmed Afghan civilians casually shot one victim "with a smile on his face," then pulled a tooth from the dead man's mouth, a fellow soldier testified on Wednesday. The chilling account followed testimony from several other ex-peers of Staff Sergeant Calvin Gibbs who recalled that he referred to Afghan villagers as "savages" and once told another soldier, "the Army needs more people who can kill people."
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The portraits of Gibbs as a cold-blooded, renegade squad leader with a deep ethnic hatred of the very people U.S. troops were supposed to be protecting from Taliban forces emerged during a third day of testimony in his court-martial at Joint Base Lewis-McChord near Tacoma. But defense lawyers sought to discredit the prosecution's star witness, former Army Specialist Jeremy Morlock, with a video clip he shot of himself delivering a profanity-laced, racist diatribe against a group of Afghan men detained by U.S. troops. Morlock's ranting, craven appearance in the video contrasted sharply with his calm, focused demeanor in court earlier this week, when he took the stand to paint Gibbs as the instigator behind murders of innocent villagers staged to look like legitimate combat engagements. Morlock, previously sentenced to 24 years in prison for his role in the same three killings with which Gibbs is charged, quoted Gibbs on Monday as telling him: "'We can get away with it. It's that easy.'" The court-martial caps an 18-month investigation of the most egregious case of atrocities by U.S. military personnel during 10 years of war in Afghanistan -killings initially exposed through a probe of rampant drug abuse among soldiers. Photos seized as evidence in the case of Morlock, Gibbs and other soldiers posed grinning with the bodies of Afghan casualties have drawn comparisons to the inflammatory Abu Ghraib prisoner abuse scandal in Iraq in 2004. Gibbs, 26, of Billings, Montana, is the highest-ranking of five enlisted men from the infantry unit formerly known as the 5th Stryker Brigade charged with murdering Afghan villagers while deployed last year in Kandahar province. He also was charged with cutting fingers off Afghan bodies as war trophies and beating a fellow soldier who had alerted superiors to hashish use in their unit. Seven other Stryker soldiers were charged with lesser offenses. Most already have reached plea deals and have been sentenced. One of them, Ashton Moore, convicted on drug charges, testified on Wednesday about a conversation in which Gibbs asked Moore if he would be willing to shoot an Afghan without knowing whether he was an enemy combatant. "I said, 'no' (and) he said, 'I think the Army needs more people who can kill people,'" Moore recalled. The climax of Wednesday's proceedings came in testimony from former Army Specialist Adam Winfield, 23, about how he, Gibbs and other troops searched a village for signs of Taliban activity during a routine patrol in May 2010 and encountered a family huddled inside one home. "Just an old man, his family and a bunch of kids, just a normal house, nothing going on," Winfield said, recounting that Gibbs gestured at the man and asked, "Is this the guy?", then discussed how the man might have attacked them with a grenade. Having heard Gibbs and Morlock boast about two previous slayings, Winfield testified, he realized this was the next "guy to be killed." Gibbs then led the individual outside and around a corner. "It was just a matter of seconds -- boom, boom, boom," Winfield testified, adding that Gibbs ordered the others to yell, "Grenade, grenade!" as he set off an actual grenade that mangled the victim's legs, then yelled at his men, "You guys were supposed to shoot."
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After the ensuing pandemonium, Winfield said, he moved close enough to see the victim lying on the ground and watched as "Gibbs shot him two more times with a smile on his face." Next, Winfield testified, Gibbs bent down and "pulled a tooth from the guy" and offered it to Winfield, who said he responded, astonished, by saying, "I'll just get it later." Winfield himself pleaded guilty in August to a reduced charge of involuntary manslaughter and was sentenced to three years in prison. A fourth co-defendant charged as a member of the self-styled Stryker "kill team," Andrew Holmes, pleaded guilty in September to a single count of murder and was sentenced to seven years prison. The fifth soldier charged with murder, Michael Wagnon, still faces a court-martial. If convicted on all charges, Gibbs faces a maximum sentence of life in prison without the possibility of parole. He pleaded not guilty on the first day of his courtmartial last Friday. The trial is expected to run through at least the end of next week. Guantanamo Court Can't Free Bomb Suspect, U.S. Says Reuters By Jane Sutton November 3, 2011 The U.S. war crimes tribunal that will try the alleged planner of a deadly attack on a U.S. warship has no power to free him if he is acquitted, military prosecutors said in court documents made public on Wednesday. Defence lawyers have argued that the trial of Guantanamo prisoner Abd al-Rahim al Nashiri would be merely a show trial if there was no meaningful possibility of reprieve if he is found not guilty. Nashiri is to be arraigned next week at the Guantanamo Bay U.S. naval base in Cuba on charges he conspired with al Qaeda suicide bombers to ram an explosives -filled boat into the side of the USS Cole while it was in port in Yemen in 2000. Seventeen U.S. sailors were killed in the attack and three dozen more suffered injuries ranging from broken bones and concussion to ruptured ear drums. Nashiri, a 46-year-old Saudi Arabian of Yemeni descent, could be executed if he is convicted of charges that include conspiracy, murder and perfidy. But the U.S. government has said that regardless of the trial's outcome, it has authority to hold the alleged al Qaeda conspirator until the end of hostilities in the U.S. war against terrorism -- essentially for the rest of his life. Defense lawyers want the military jurors to be told up front that Nashiri could be executed if convicted and held forever if acquitted. They said the jurors, lawyers and other trial participants need to know "whether they are participating in a trial with real consequences or merely a trial in name where the political decision, already made and confirmed, will inform the result." "And for some, their oaths may preclude participation in such a trial," the defense lawyers said in a court document. Prosecutors replied that the military tribunal's authority to try Nashiri on war crimes charges is entirely separate from the government's law-of-war authority to hold al Qaeda and Taliban captives to keep them off the battlefield.
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The Guantanamo tribunal, formally known as a military commission, has no jurisdiction over the latter, they argued. "Congress did not authorize the commissions to resolve every aspect of the life of the accused," the prosecutors said. They said Nashiri's trial is meaningful and crucial because it will ensure "a full, fair and principled examination" of the charges against him. "There is no predetermined result," the prosecutors said. The Guantanamo court is expected to consider the issue even as Congress considers measures that would expand the use of military detention and military tribunals for anyone accused of terrorism, including U.S. citizens. Of the six men who have been convicted or pleaded guilty to terrorism-related charges so far in the Guantanamo tribunals, one is serving a life sentence. The others were sentenced to terms ranging from nine months to 14 years, though the latter will be cut sharply if the Sudanese prisoner in question keeps his promise to help prosecute other captives. Two of the six finished their sentences and were sent home to Australia and Yemen, where they remain free. Congress subsequently tightened restrictions on the transfer of Guantanamo detainees, making it nearly impossible for the Obama administration to repatriate even those deemed to pose no threat to the United States and its allies. Nashiri would be the first Guantanamo prisoner prosecuted on charges that carry the death penalty. He was captured in Dubai in 2002 and held for years in secret CIA prisons, where the U.S. government has acknowledged he was subjected to mock executions and the simulated-drowning technique known as waterboarding. Five other prisoners accused of plotting the Sept. 11, 2001 attacks on the United States with hijacked planes -- including self-described mastermind Khalid Sheikh Mohammed -- are expected to be arraigned on death penalty charges next year. President Barack Obama caved to political pressure and dropped plans to try them in the civilian federal courts in New York, sending the prosecutions back to Guantanamo.
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TOPICS
Terrorists to be Named, Assets Seized Xinhua By Zhang Yan October 25, 2011 A list of terrorists and their organizations will be published and their assets in the country will be frozen, said a draft decision made by the
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State Council, marking a step forward on the nation's effort to crack down on terrorism. According to the draft, terrorist activity refers to behavior aimed at generating social panic, intimidating State agencies or international organizations, and that has caused or intended to result in casualties, major economic loss, damage to public facilities or social disorder through violence, destruction, threats or other means. Meanwhile, stirring up, funding or assisting these activities are also considered terrorist activities. It defines an individual terrorist as a person who organizes, masterminds or carries out such activities and those who participate in a terrorist organization. The draft has been submitted for review to the Standing Committee of the National People's Congress (NPC), the country's top legislature. "The lack of a clear definition of terrorist activities, terrorist organizations and their participants has directly hindered the work of cracking down on terrorist activities and the control of the involved assets," Yang Huanning, viceminister of public security, told a bimonthly meeting of the NPC Standing Committee, which opened on Monday. "It has also affected international anti-terrorist cooperation." The draft decision allows the country's anti-terrorism authority to identify terrorist organizations and terrorists, and the Ministry of Public Security will make public their names and freeze their assets. "If financial institutes or some nonfinancial agencies discover assets belonging to terrorist organizations or individual terrorists, they should immediately freeze them and report to the antimoney laundering departments and security authorities,"Yang said. The draft also entitles the People's Liberation Army, the Armed Police as well as the militia to prevent and eliminate terrorist activities. "The absence of a definition of terrorist activities in the current criminal law cannot meet the practical needs of antiterrorism work. The draft is a good beginning, but it is far from enough," Li Wei, director of counter-terrorism research center under China Institute of Contemporary International Relations, told China Daily on Monday. Kenya Blast Suspect Claims Al-Shabab Ties Al Jazeera October 26, 2011 A Kenyan suspect arrested after two grenade blasts this week in capital Nairobi has admitted in court that he was involved in one of the attacks, and said he is a member of the Somaliabased armed group alShabab. Elgiva Bwire Oliacha, 28, also known as Mohammed Seif, pleaded guilty to nine charges on Wednesday, including over Monday's explosion at a busy bus stop which left one person dead and several more injured. The grenade blasts came after the alQaedalinked group warned it would attack Kenya in retaliation for its military incursion into southern Somalia. Some though, questioned whether al-Shabab was behind the attacks given that it had already demonstrated it was capable of killing dozens of people in attacks on foreign soil.
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An officer with the antiterror police unit who brought Oliacha to court on Wednesday said authorities would bring more charges against him in court on Friday, including charges related to the grenade attack on a pub early on Monday morning that wounded a dozen people. The officer, who wanted to remain anonymous, said that Oliacha was expected to plead guilty to all of those charges as well. During his arrest he was found with six guns, 13 grenades and hundreds of bullets in his house in a slum called Kayole in eastern Nairobi, police said. Oliacha admitted to possession of the weapons in court. Chief magistrate Gilbert Mutembei allowed police to continue holding Oliacha for two more days to complete their investigations. Monday's blasts came days after hundreds of Kenyan forces moved into Somalia to attack alShabab fighters who the government blames for a string of kidnappings, including aid workers and European tourists, in recent weeks, from northern Kenya. AlShabab has denied involvement in the kidnappings. Indonesian Court Slashes Radical Islamic Cleric's Prison Sentence from 15 Years to 9 The Washington Post October 26, 2011 A radical Islamic cleric accused of setting up a terror training camp in western Indonesia had his prison sentence slashed from 15 years to nine years, an appeals court said Wednesday. No reason was given for the decision. Abu Bakar Bashir, known as the spiritual leader of alQaidalinked militants blamed for the 2002 Bali bombings, was accused of providing key support for the camp that brought together men from almost every known extremist group in the predominantly Muslim country. They were allegedly planning Mumbaistyled gun attacks on foreigners in the capital, Jakarta, and the assassinations of moderate leaders, including President Susilo Bambang Yudhoyono. In March, a district court sentenced the 72yearold cleric to 15 years in prison for inciting terrorism, but his lawyers appealed. The Jakarta High Court quietly handed down its ruling Oct. 20. "All I can say right now is that his sentence was reduced to nine years," Achmad Sobari, a court spokesman, told The Associated Press. "I do not know exactly what factors were taken into account in the judge's decision." Bashir's lawyer, Mohammad Mahendradatta, said he was awaiting official notification from the court. He stressed, however, that his client was innocent and should be freed. Even nine years was an outrage, he said, vowing to appeal to the Supreme Court. Indonesia, a secular nation of 240 million people, was thrust into the front lines in the battle against terrorism in 2002, when Jemaah Islamiyah, cofounded by Bashir, attacked two crowded nightclubs on the resort island of Bali. Many of the 202 people killed were Australian tourists. Seven were Americans. There have been several suicide bombings since then, but all have been less deadly, and the most recent was two years ago, something analysts attribute to a security crackdown that has resulted in hundreds of arrests and convictions.
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Just as it appeared the country's terror threat was diminishing, however, authorities discovered the jihadi training camp in westernmost Aceh province early last year. Bashir, a potent symbol for the country's radical Islamists, spent several previous stints in detention. But efforts to link him to terrorist activities have repeatedly fallen short. Arrested almost immediately after the Bali blasts, prosecutors were unable to prove direct involvement, and judges sentenced him to 18 months in prison on relatively minor charges of immigration violations. Soon after his release, he was rearrested and sentenced to 2 1/2 years, this time for inciting the twin nightclub attacks. That charge was overturned on appeal and he was freed in 2006. Last year, Bashir was brought in again, this time for his role in the Aceh camp. Captured militants testified that the aging cleric watched a video as they trained and received written reports assuring him the $100,000 he'd helped raised was being used for the struggle to build an Islamic state. Judges said, however, they didn't have enough evidence to prove Bashir knew the money was going to be used to buy guns, ammunition and equipment for training, settling just on incitement. Security analyst Noor Huda Ismail called the cat-and-mouse game with Bashir "the weakest link" in the war on terrorism. "First police and prosecutors demanded he be given life or a death sentence, but there wasn't adequate evidence, so they gave him 15. "And now, again, they cut it to just nine?" At the same time, other perpetrators like Bali bomber Ali Imron spared the death sentence because he expressed remorse and has cooperated with police will likely lose confidence in the judicial system. While they're serving prison sentences of 12, 15 years or life, Bashir, unrepentant, continues to see his sentences slashed, he said. The cleric told reporters before the March verdict he didn't know about the Aceh camp when it was operational but approved of its aim. He said he was a victim of a U.S. and Australian conspiracy and that all charges against him were fabricated in an attempt to put him away for good. Moroccan Court Sentences Marrakech Attacker to Death CNN October 28, 2011 A Moroccan court on Friday sentenced to death Adil Othmani, the main suspect in a terrorist attack in Marrakech last spring, Morocco's state news agency, Maghreb Arabe Presse, reported. Othmani was held responsible for an explosion that tore through a cafe April 28, killing 17 people and wounding 20 others. The blast occurred at Cafe Argana in Place Jemaa el Fna, a bazaar and square popular among tourists. Moroccan authorities said the bomber remotely triggered two explosives, which he had placed there while disguised as a Western hippie.
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A Moroccan Ministry of Justice official who refused to be identified due to the sensitive nature of the case confirmed that a death sentence has been handed down to the mastermind of the bombing, the news agency reported. Another man, Hakim Dah, was sentenced to life in prison; defendants Abdssamad Bettar, Azzedine Lachdari, Ibrahim Cherkaoui and Skiribia Wadia were each given sentences of four years in prison; Mohammed Reda, Amhinni Mohammed, Dehhaj Abdelfattah were given three years each. Wife of Bali Bombing Suspect Goes on Trial on Charges of Immigration Violations The Washington Post October 31, 2011 The wife of the top suspect in the 2002 Bali bombings has gone on trial in the Indonesian capital on charges of immigration violations. Ruqayyah binti Husein Luceno, a 31year&dash;old Philippine national, could face up to seven years in prison if found guilty. She and her husband, Umar Patek, were captured in the Pakistani town of Abbottabad on Jan. 25, ending a decadelong manhunt for one of Southeast Asia's most wanted terrorist suspects. Patek is accused of making the explosives used in the Bali bombings, which killed 202 people. His trial date has not been set. A state prosecutor told the East Jakarta District Court on Monday that Luceno had used a false identity card to get an Indonesian passport so she could accompany Patek as they traveled abroad.
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Piracy
UN Council Calls for Criminalization of Piracy Associated Press October 24, 2011 All U.N. member states should make piracy a crime as the problem surges in Somalia, the Security Council said Monday. Council members unanimously agreed to ask all U.N. member states to issue reports before the end of the year on measures they have taken to criminalize piracy, and to support prosecution of people suspected of piracy off the coast of the eastern African country. The Malaysiabased International Maritime Bureau's Piracy Reporting Center reported last week that sea piracy worldwide has surged in the first nine months of this year, with Somali pirates intensifying their attacks despite more patrolling of nearby waters. According to the global maritime watchdog, there have been a record 352 attacks worldwide in the first three quarters of this year, up 22 percent from a year ago. Pirates took 625 hostages, killed eight people and injured 41 in the ninemonth period.
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Somali pirates accounted for 199 attacks of those attacks, a 58 percent increase from last year, as they expanded farther into the Red Sea. But the Somalis were able to hijack only 24 vessels, down from 35 in the same period last year, because of increased international naval policing and onboard security measures. The Security Council will continue to examine ways to establish courts and prisons in Somalia and nearby countries with international participation and support. Somalia remains unstable, making policing of piracy within the country difficult. The alQaidalinked Somali insurgent group alShabab is fighting on two fronts there, against the U.N.backed government and its African Union supporters in Mogadishu, and against Kenyan troops in the south. UNSC Adopts IndiaCoSponsored Resolution on Piracy Firstpost October 25, 2011 UN Security Council today unanimously adopted an Indiacosponsored resolution on piracy in Somalia, taking on board, at India's initiative, the issue of prosecution of convicted pirates not only for acts of piracy but also for hostage taking. Minister of State for External Affairs E. Ahamed attended the Security Council meeting Monday for adoption of Resolution on prosecution of pirates, cosponsored by India and 10 other UNSC members. In a first, at India's initiative, the resolution deals with the issue of prosecution for acts of piracy as well as hostage taking. The resolution calls for international cooperation in sharing information for the purpose of law enforcement and effective prosecution. It recognizes the increasing scope of piracy beyond the coast of Somalia, which affects not only the states in the region but also those far beyond. India, supported by other members, incorporated in the resolution provisions dealing with persons who "intentionally facilitate piracy operations, including key figures of criminal networks involved in piracy." The resolution calls for prosecution of those who illicitly plan, organize, facilitate, or finance and profit from such attacks. In the resolution, the 15member body urged countries that have not already done so to criminalize piracy under their domestic laws and to implement prosecution methods in accordance with international human rights law. The resolution also emphasized the need to establish specialized antipiracy courts in Somalia and other countries in the region. The Security Council had earlier this year adopted another resolution which addressed the problem of hostage taking and sought cooperation among states in overall counter-piracy efforts. India said it expects that both the resolutions will further strengthen the international legal framework for the fight against the menace of piracy and hostage taking. India has been taking lead in addressing piracy problems as well as hostage taking.
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While piracy off the coast of Somalia has become a serious threat to international peace and maritime trade, taking hostages has grave human rights and humanitarian implications. Ten Somali Pirates Sentenced to Life Imprisonment Gulfnews November 2, 2011 The Appeal Court in Muscat has sent ten Somali pirates to prison for life imprisonment while handing down threeyear jail to three others in a separate case, according to a press release by the Public Prosecution on Tuesday. The ten Somali pirates were captured when the Omani authorities foiled their attempt to pirate a vessel waiting just outside the Raysut Port in south for a berth. After being alerted, the Coast Guards with the help of Royal Navy of Oman and royal Air Force of Oman, swooped on the pirates and captured them without firing a single shot. In another incident a wooden boat carrying livestock sent SOS when pirates boarded their ship to use it to attack another ship. The wooden boat had come from Djibouti and was heading towards Raysut Port. Three pirates, who were on board the wooden boat, were captured by the Coast Guard and referred to the Public Prosecution for legal action. The pirates were charged with taking over the ship, felony and criminalized piracy. The pirates were also charged with kidnapping victims by force and threatening to kill them. Accused Pirate's Attorney Wants Charges Dismissed Associated Press By Brock Vergakis November 2, 2011 The attorney for a Somali man accused of being the highestranking pirate the U.S. has ever captured wants all charges against him dismissed, saying that the U.S. doesn't have the proper jurisdiction to prosecute and that even if it did, Somalia is far too dangerous a country to travel to and mount an adequate defense. Mohammad Saali Shibin faces a litany of charges in the February hijacking of the yacht Quest, which resulted in the deaths of all four Americans on board. They were the first Americans killed in a wave of piracy that has plagued the Indian Ocean in recent years. Unlike the other 14 men charged in the case, Shibin never set foot aboard the yacht. Instead, prosecutors say he acted as a landbased negotiator who researched how much ransom to seek for the Americans. He also faces a series of charges in securing ransom of a German merchant vessel. An indictment alleges Shibin received $30,000 to $50,000 for negotiating a ransom for the Marida Marguerite estimated in the millions. If convicted of piracy of either vessel, he faces a mandatory life sentence. He also faces hostage taking, kidnapping and weapons charges, among others. Shibin attorney James Broccoletti wrote in a federal court filing Tuesday that the piracy charges should be dismissed because Shibin didn't engage in robbery at sea. He also wrote that the U.S. needed to extradite Shibin if it wanted to prosecute him. Shibin was apprehended in Somalia.
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"Additionally, the United States cannot establish jurisdiction over someone who is 'found' in the U.S. solely through our government action of seizing and bringing him here especially when there is no connection of the U.S. government to the offender, the victims, or the victim ship," he wrote. The U.S. Attorney's Office declined to comment. It has not yet filed a response. Broccoletti writes that Somalia has a functioning judicial system that could prosecute Shibin for the crimes he's been charged with. However, he also acknowledged the chaotic nature of Somalia which has become a pirate haven in a detailed filing that lays out all the reasons it is unsafe for him to travel there. He contends that his inability to travel to Somalia, gather evidence and interview witnesses would result in an unfair trial. "The historical setting to Somalia's state of chaos, its continued corruption and violence, make it clear shy Somalia is one of the poorest and most volatile countries in the world. Travel to any region of Somalia is clearly not a viable option for any American citizen, much less anyone associated with the American government, at this time or the foreseeable future," he wrote.
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Piracy
War Crimes Case Filed Against Sri Lankan President Mahinda Rajapaksa in Australia Court India Today October 25, 2011 Ahead of Commonwealth Heads of Government Meeting in Perth, a Sri Lankan man, who migrated to Australia, has filed war crimes charges against Sri Lankan President Mahinda Rajapaksa in a city court in Melbourne. Rajapaksa is arriving in Australia on Tuesday to participate in the CHOGM to be held at Perth. Jegan Waran, a retired engineer who migrated to Australia from Sri Lanka, said before the Magistrate that he witnessed and was still haunted by what he saw in the hospitals and displaced persons camp at the end of civil war. Waran, who returned to Sri Lanka in 2007 to volunteer in Tamil hospitals, schools and displaced persons camps, alleged that Sri Lankan forces had deliberately attacked clearlymarked civilian infrastructure such as hospitals and camps. "Everybody who's alive today, it's a miracle that they have escaped death or injury," Waran was quoted by ABC today. Waran is an ethnic Tamil and sympathized with the Tamil Tigers or LTTE , which fought for a Tamil nation for decades until their defeat in 2009 by Sri Lanka's military forces. "Patients who were in the hospital were killed, and there were other patients waiting for treatment, they were killed.
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There was a medical store where they kept the medicines; those were destroyed, scattered all over the place, you can see. Ambulances were destroyed. So I have seen that personally," Waran said. Waran, now an Australian citizen, said that on Christmas Day of 2008, drones circled another hospital before Sri Lankan Air Force planes attacked. "The hospital, clearly a big Red Cross sign was marked on the roof, and drones usually take surveillance, so I am very positive that they know where the hospital is and they know it will be damaged," he said. This and other incidents have led him to issue summons for three war crimes charges against Sri Lankan president. He said, he wanted to bring these charges against the president "because I feel that he's the commanderinchief and nothing would have happened without his knowledge or his directions, and ultimately, he should be answerable to what was happening". However, Sri Lankan government has repeatedly denied allegations of war crimes. Though accusations against Sri Lankan armed forces deliberately attacked civilians are not new, but its [sic] the first time charges have been brought by an Australian citizen in an Australian court. The federal AttorneyGeneral Robert McClelland will need to give final approval for the Australian indictments to proceed. Lawyers in the case have asked federal AttorneyGeneral to become involved, but a spokesman for McClelland said the AttorneyGeneral has not been informed of any criminal matter or charges relating to Rajapaksa. "We have written to the commissioner of the AFP and we have written to the Commonwealth Attorney saying here's your opportunity, Rajapaksa will be in Australia, it's appropriate to conduct those investigations," Waran's lawyer, Rob Stary said. Last week, Victoria's chief magistrate authorised the charges brought by Waran to proceed, noting that they satisfied Victoria's Criminal Procedure Act. "These are not frivolous or vexatious complaints; they are bona fide credible complaints," Stary said. ABC report said the Sri Lankan government refused to offer of an on-camera interview but issued a statement. "The issue of the proceedings which are apparently to be the subject of your story are plainly a violation of Australia's obligations under public international law," the statement said. Furthermore, the purported proceedings are incompetent under Australian law.
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Gender Based Violence
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Africa: U.S. Works for Reform of Nationality Laws that Hurt Women Allafrica.com October 26, 2011 The United States is working for reform of nationality laws that hurt women, says Maria Otero, the State Department's undersecretary for democracy and global affairs. Nationality laws discriminate against women in at least 30 countries, Otero said at a Refugees International event October 25 at the U.S. Institute of Peace. These laws, she said, limit women's ability to acquire, retain and transmit citizenship to their children. "In many cases, nationality laws permit only the father to transmit citizenship to his child," Otero said. "And in still other cases, nationality laws strip women of their citizenship upon marriage to a foreign spouse, or prohibit women's foreign spouses from naturalization." The result is that hundreds of thousands of women are left without legal protection or a social safety net, she said. "Stateless persons typically lack identity documentation and cannot register births, marriages or deaths. They often cannot work legally or travel freely. They cannot vote, open a bank account, or own property and they often lack access to health care and other public services," Otero said. Lack of citizenship contributes to cycles of poverty and vulnerability, Otero said. Without a birth registration or a citizenship document, children are barred from attending school. They may fall victim to abuse and exploitation, including genderbased violence, trafficking in persons and arbitrary arrest and detention. Otero acknowledged that there is little research on the issue of statelessness and even less on gender discrimination in nationality laws. To try to understand the impact of statelessness better, the State Department's Bureau of Population, Refugees, and Migration recently funded a study by Kingston University in the United Kingdom to examine its costs. The study used quantitative and qualitative methods to compare the livelihoods of stateless persons with those of citizens in four countries. Among its most striking findings was that statelessness reduces household income by a third and reduces the odds of owning one's home by nearly 60 percent. The average education level of members of stateless households is lower than that of citizens by at least one year and in some cases as many as six years. The study also demonstrated disadvantages for stateless people in terms of health status and access to justice and law enforcement. Secretary of State Hillary Rodham Clinton has identified statelessness and women's nationality rights as important areas of work for the State Department. Under her leadership, U.S. diplomats around the world are working to generate local political will to reform discriminatory nationality laws, Otero said. "We want to persuade government officials to amend nationality laws that discriminate against women," Otero said. "We want to ensure universal birth registration, and we want to establish procedures and systems that help stateless people acquire citizenship." "Statelessness," Otero said, "is not just a humanitarian or human rights issue it is a matter of human security and the protection of individuals." Congolese Soldiers Gang-Raped Women on Central African Ferry BembaTrial.org
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By Wakabi Wairagala October 28, 2011 Congolese opposition leader JeanPierre Bemba's troops gang-raped women on the ferry that transported them to the Central African Republic (CAR), according to testimony heard today. CyprienFrancis Ossibouyen, the technician who operated the stateowned ferry that plied the Oubangui river, told the trial that he witnessed a second gangrape incident at a naval base. He narrated how 22 armed Movement for the Liberation of Congo (MLC) soldiers treated Central African women "like animals." The soldiers arrived at the port in the Central African capital Bangui, along with eight females, the oldest of which the witness estimated was 60 years. The youngest could have been 13 years old, he said. The soldiers ordered Mr. Ossibouyen to transport them across the river to Zongo town in the Democratic Republic of Congo (DRC). However, when he informed the soldiers that he did not have the key to start the ferry, the troops forced the women onto the ferry while kicking and hitting them with rifle butts. "Those women had been terrorized, they had bodily injuries on them," the witness recalled. "Some of them had no clothes on, they were naked." "The militia took off their [women's] underwear and bras and they opened their zips. As soon as one person would finish, he would get up and another person would come and sleep with that very same woman," recounted Mr. Ossibouyen. He continued: "These horrible things took place in the afternoon. The sun was still up. I didn't need a torch light to see what was going on. That, in fact, is what overwhelmed me." The witness broke down during testimony, prompting a momentary halt to the hearing. The Congolese soldiers told the witness that they abducted the women from the Bangui neighborhood of BoyRab. Mr. Ossibouyen, who also goes by courtgiven name 'Witness 47,' testified yesterday that for 19 consecutive days starting October 2002, he transported MLC soldiers from their Congolese stronghold of Zongo to Bangui. He said that on some occasions he transported Mr. Bemba. Mr. Bemba is on trial at the International Criminal Court (ICC) for failing to stop or punish the MLC troops he commanded as they brutalized Central African civilians between October 2002 and March 2003. He has denied the three crimes against humanity (murder, rape, and pillage) and two war crimes (murder and rape) he faces. Today, the witness testified that on a second occasion he witnessed MLC soldiers gangraping Central African women at a naval base located 100 meters from where he docked the ferry. He said a group comprising of between 25 and 30 soldiers arrived at the base with an estimated eight to 12 "young and elderly women" who they then raped. "One girl was calling out for her father: 'Papa, papa where are you?' Another: 'I am dead'," recalled the witness. He said like the group of women who gangraped from the ferry, the women who were brutalized at the naval base had been taken captive by MLC fighters when they raided a sector of Bangui.
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"How were you feeling witnessing these acts?" asked prosecution lawyer Eric Iverson. "I was in a state of fear, of panic, of frustration, and I also felt ashamed. But in the face of these women, I could not show my weakness," answered the witness. "Once the act was committed, the women would be left shouting and crying out for help. I was able to comfort two of them," he said. The women told him the soldiers had grabbed them from the fourth district and the PK 12 suburb. The prosecution continues its questioning of Mr. Ossibouyen on Monday morning. UN Agencies Join Forces to Combat Human Trafficking and Migrant Smuggling The UN News Centre October 31, 2011 The United Nations agencies that deal with helping refugees and with fighting crime signed a joint agreement today to work together more closely to combat human trafficking and migrant smuggling. The memorandum of understanding, signed by the Executive Director of the UN Office on Drugs and Crime (UNODC) Yury Fedotov and the UN High Commissioner for Refugees (UNHCR) Antnio Guterres, aims to combine the work of both entities in overlapping issues to more effectively target criminals involved in human trafficking and to better protect their victims. "UNODC's mandate in combating organized crime is complementary to UNHCR's work of protecting refugees. As we have often seen with human trafficking and migrant smuggling, criminals prey on society's most vulnerable," said Mr. Fedotov at the signing in New York. "Refugees, in search of a better life, can become victims of these criminals and it's important that we offer coordinated assistance to those who need it the most." "The 21st century is the century of people on the move. Climate change, food insecurity, urbanization, population growth, all these trends are combining and forcing people to move and there are complex protection gaps," Mr. Guterres said, adding that this opens opportunities for illegal and forced migration. "Money moves freely, goods tend to move more or less freely, but there are enormous obstacles for the movement of people," he said, stressing that human trafficking presents a situation where human rights are at their most vulnerable. "We need to make sure that we crack down on the criminals that perpetuate this new form of slavery and protect their victims, which is why working together is so relevant for us," he said. Mr. Guterres also called on the international community to increase its investment to combat human trafficking in the same way that it has invested in fighting drug trafficking saying this type of crime is just as relevant and also needs and urgent response and commitment. The agreement will focus on four defined regions based on the agencies' work: Latin America, the Gulf of Aden, Afghanistan and its bordering countries, and North Africa.
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REPORTS
United Nations Reports

Ban Stresses Importance of Accountability as Sri Lanka Recovers From Civil War ICC Chief The UN News Centre October 126,2011 Secretary-General Ban Kimoon today reiterated the importance of dealing with accountability issues as Sri Lanka continues to work towards national reconciliation following its longrunning civil war. Mr. Ban stressed the point during a meeting at United Nations Headquarters with Mahinda Samarasinghe, the Special Envoy of the President of Sri Lanka on Human Rights. The meeting was part of the UN's ongoing dialogue with the Sri Lankan Government as a followup to the Joint Statement made by the SecretaryGeneral and President Mahinda Rajapaksa in May 2009, when Mr. Ban visited the South Asian nation shortly after the end of the conflict. Government forces declared victory over the rebel Liberation Tigers of Tamil Eelam (LTTE) in 2009 after a conflict that had raged on and off for nearly three decades and killed thousands of people. The conflict ended with large numbers of Sri Lankans living as internally displaced persons (IDPs), especially in the north of the island country. Today's discussion, according to information provided by the SecretaryGeneral's spokesperson, also touched on the importance of an inclusive national dialogue aimed at achieving genuine political reconciliation, as well as ongoing progress with regard to recovery and resettlement efforts in the north. Last month, Mr. Ban forwarded a report by a three-member UN panel of experts on accountability issues during the civil war to the Human Rights Council and the Office of the High Commissioner for Human Rights (OHCHR). The panel found there were credible reports that both Government forces and the LTTE committed war crimes during the war's final months. It recommended that the Government respond to the allegations by initiating an effective accountability process beginning with genuine investigations. The panel also recommended a review of the UN's actions regarding the implementation of its humanitarian and protection mandates during the war and its immediate aftermath, which Mr. Ban has asked Thoraya Obaid, the former head of the UN Population Fund (UNFPA), to conduct. UN Panel Approves Over $1 Billion For Victims of Iraq's Invasion of Kuwait The UN News Centre October 27, 2011 Over $1 billion was disbursed today to eight successful claimants by the United Nations Compensation Commission (UNCC), which settles the damage claims of those who suffered losses because of Iraq's 1990 invasion of Kuwait.
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This latest round of payments a total of $1,038,375,281 brings the overall amount of compensation made available to date by the Commission to nearly $34.3 billion for over 100 governments and international organizations for distribution to 1.5 million successful claimants. Successful claims are paid with funds drawn from the UN Compensation Fund, which is funded by a percentage of the proceeds set at 5 per cent generated by the export sales of Iraqi petroleum and petroleum products, according to a news release from the Commission. The Genevabased UNCC's Governing Council has identified six categories of claims: four are for individuals' claims, one for corporations and one for governments and international organizations, which also includes claims for environmental damage. Established in 1991 as a subsidiary organ of the Security Council, the Commission has received nearly 3 million claims, including from close to 100 governments for themselves, their nationals or their corporations.
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NGO Reports
Israel Forcing Palestinians out of Rast Jerusalem: NGO AFP November 1, 2011 Israel's policies in east Jerusalem are forcing Palestinians to leave the city, a move which could constitute a war crime, according to an Israeli NGO which has taken the issue to the United Nations. "Housing demolitions, forced evictions and residency revocation are all leading to ethnic displacement in east Jerusalem," said Itay Epshtain, co-director of the Israeli Committee Against House Demolitions (ICAHD) which on Monday published a damning report on the issue. Jerusalem municipality spokesman Stephan Miller rebuffed the allegations, saying the report contained "misleading facts, blatant lies and political spin about Jerusalem and lacks any connection to reality." He said the city's mayor was committed to "improving the quality of life of Jerusalem's Muslim residents. But ICAHD on Monday submitted complaints to three UN Special Rapporteurs, demanding they launch an investigation into the legality of Israel's policy in the eastern sector of the city, which it occupied in 1967 and later annexed a move never recognised by the rest of the world. The group's report "No Home, No Homeland" accuses Israel of making it almost impossible for Palestinians to obtain building permits, with the Jerusalem city council granting just 18 for a population of 300,000 last year. Instead Palestinians build without permits, and their homes are often demolished by the municipality, which sends them a bill for the operation. Families are left with no option but to rebuild illegally, move in with family or leave.
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Israel also automatically revokes the permanent residency status of any Jerusalem Palestinian who has been 'abroad' including in the West Bank or Gaza for more than seven years. "The basket of possibilities puts them in a dilemma: they can either stay in Jerusalem and build illegally because the chances of building legally are almost zero, or they have to leave," said Michael Sfard, a prominent human rights lawyer who co-wrote the report. "In legal terms, this is called 'ethnic displacement'." Sfard said Israel was enforcing a deliberate policy aimed at controlling Jerusalem's demography and ensuring a Jewish-Arab ratio of 70/30. "There is a place between the Jordan River and the (Mediterranean) sea where Israeli policies are meant to chase Palestinians away from their place of residence: this is in east Jerusalem." ICAHD said there was a real possibility that the policies constitute a war crime, and that it hopes the UN Special Rapporteurs on adequate housing, internally displaced persons, and human rights in the occupied territories will agree to open an investigation. "There is a danger that war crimes have occurred but in order to verify that, an investigation must take place," Sfard said. The report accuses Israel of "engaging in the war crime of deportation when it deports Palestinians from east Jerusalem or simply by barring reentry of those who have remained outside of the area for more than seven years." "Once they revoke their residency, it is de facto deporting them which is against the Geneva Convention," said lawyer Emily Shaeffer who co-wrote the report.And doing so without verifying they had another place to go rendered them stateless, which was another violation, she said. Israel captured east Jerusalem in the 1967 Six-Day War. It considers the whole of Jerusalem its "eternal and indivisible" capital, but the Palestinians want east Jerusalem as capital of their future state. There are around 300,000 Palestinians living in the mainly-Arab eastern sector of the city, but they are only permitted to build on less than 9 percent of the land there, ICAHD statistics show, indicating the sector is currently suffering a shortage of around 25,000 homes. Jeff Halper, co-founder of ICAHD, said housing demolitions represented the essence of the Israeli-Palestinian conflict "which has to do with displacement and ethnicity and the process of 'Judaising' the country." "The end game is to eliminate east Jerusalem as an entity so you'll have a few little pieces," Halper explained. "You create facts on the ground that pre-determine the outcome of negotiations so that by the time you get to final status talks, there is no more east Jerusalem."
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TRUTH AND RECONCILIATION COMMISSIONS
Brazil
Brazil Approves Truth Commission on Rights Abuses AFP October 26, 2011 Brazil's Senate agreed to set up a Truth Commission to investigate human rights violations during the country's 1964-1985 military dictatorship, officials said. The legislation passed, according to the congressional news agency, having already been approved by the House of Deputies, and now awaits President Dilma Rousseff's signature to take effect. Rousseff, a former guerrilla fighter now aged 63, is Brazil's first woman and second leftist to be elected president. She had urged Congress to act swiftly on the Truth Commission bill -- seen as key to national reconciliation -- which was put before lawmakers by her predecessor, also of the Workers Party, Luiz Inacio Lula da Silva. The commission is meant to investigate issues including politically motivated abductions in the Cold War-era, rights abuses and murders over a time span longer than the dictatorship -- 1946-1988. It does not however lift an amnesty for those who carried out the repression, in effect since 1979, and upheld last year by the Supreme Court. Brazil has acknowledged 400 abductions and presumed deaths during the dictatorship. Other countries in southern South America which had right-wing dictatorships and political abuses and killings during the 1960s-80s -- Argentina, Paraguay, Uruguay and Chile -- have put some of the perpetrators of the era on trial.Brazil, however, has not.
Canada
University Apology "One of the Most Important" AnglicanJournal.com By Marites N. Sison October 31, 2011 The chair of the Truth and Reconciliation Commission of Canada (TRC) has applauded the formal apology presented to aboriginals across Canada by the University of Manitoba as " one of the most important we've received so far." Made by David Barnard, president of the university, the apology is believed to be the first to be offered by a university in Canada. It takes full responsibility for the institution's failure to " recognize or challenge" the Indian residential schools system. " This gesture cannot be underestimated," said Justice Murray Sinclair, chair of the TRC. " It's one of the most important we've received and we hope that it will be one of many." Although his university was not directly involved in the schools, Barnard said it had helped to educate clergy, politicians and teachers who were actively involved in the policy of assimilation.
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" We're here because the University of Manitoba wishes to take a leadership role in helping expose the national shame of the Indian residential school system and (its) consequences," said Bernard, his voice choked with emotion. " Our institution failed to recognize or challenge the forced assimilation of aboriginal peoples and the subsequent loss of their language, culture and traditions," he pointed out at a " Gestures of Reconciliation" ceremony at the TRC's Atlantic National Event here. " That was a grave mistake. It is our responsibility. We are sorry." Barnard noted there were 17 church-run, federally-funded residential schools that operated throughout Manitoba, including Winnipeg. The first school opened in 1888, and the last one shut its doors 100 years later. " Physical, sexual and emotional abuses that occurred at residential schools were among the most deplorable acts committed against any people at any time in Canada's history," said Barnard. " We are sorry," said Barnard. " We apologize to our aboriginal students and faculty. They are survivors." The University of Manitoba has one of the largest number of aboriginal students and faculty in Canada. Sinclair, who is a graduate of the University of Manitoba, said the apology was significant because " change will occur in educational institutions, changing what it is that (students) are told about aboriginal people is very important." He noted that for decades, aboriginal students were " made to believe that they were inferior" and non-aboriginal students were taught the same, which fostered the latters' feelings of superiority. Helping to raise awareness about " the validity of the history and culture" of aboriginal people will help " return to them their complete sense of self," and foster relationships based on respect and equality, said Sinclair. The TRC event is the third of seven national hearings being conducted by the commission tasked with documenting the 130-year history of residential schools, where about 150,000 aboriginal children were sent from the late 19th century to the mid-20th century.
Nigeria
Court Restrains Amosun from Probing Dipo Dina's, Others' Killings The Nation By Ernest Nwokolo October 29, 2011 Former Governor of Ogun State, Engr. Gbenga Daniel, yesterday got an injunction from a state High Court sitting in Abeokuta, restraining his successor, Senator Ibikunle Amosun, from probing the killings, maiming and disappearance of persons during Daniel's era. Amosun had in September 14 constituted a Truth and Reconciliation Commission to unravel mysterious deaths, missing of persons and harassment of people in Ogun in the last seven years and the commission which had called for memoranda from the members of the public is expected to begin sitting soon. Members of the commission are Messrs Pius Adeyemi, Abdulahi Mustapha, Dalopo Akinsanya, Bamidele Aturu, Tunji Onabamwo and Lanre Suraj. But yesterday embattled Daniel, through his counsel, Prof. Taiwo Osipitan, approached the court in a suit No: M/174/2011, seeking the leave of the court to declare as " illegal and unconstitutional," the constitution of the Truth Commission by Governor Amosun.
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Osipitan said his client would be relying on Section 36 (4) of the constitution to argue his case against the governor and others joined in the suit, adding that the power of the governor in Section 2 (1) of the Commission of Enquiry Laws, Vol. 1. Of Ogun, 2006 does not include power to constitute the Truth Commission. " His (Governor Amosun's) power does not include the power to conduct an enquiry on whether the past governor, his aides, persons who served with him committed any crime between January 2003 and May 2009. He is not competent by the law to set up a commission of enquiry into any alleged criminal acts," Osipitan, argued. He equally prayed the court to restrain members of the commission from further investigation, making findings, recommendations and or sanctions in respect of the activities of ex-Gov. Daniel and his aides and this prayer was granted. In granting the relief sought by Daniel, Justice Paul Onamade said: " The applicant is seeking the leave of the court and coming under Order 40. And this leave is required by the law before the respondents can be served with the motion on notice for the determination of the matter and the merit. " I hold the view that the application should succeed and it is hereby granted as prayed. This granting of leave should operate as a stay of proceeding on the Ogun State Truth and Reconciliation Commission," Onamade said. Senator Amosun, in a ceremony marking his 100 days in office, had said that the Truth Commission, when it commenced sitting, would carry an investigation into the loss of lives and property by the people without appropriate measures to seek redress. The panel headed by retired Supreme Court justice, Justice Pius Aderemi, is expected to reopen unresolved cases of the killing and disappearance of prominent Ogun indigenes, namely, Otunba Dipo Dina, Mr. Age (Lemomu) Animashaun, Dele Arojo. The panel will also probe the assassination of 65 political supporters of Senator Amosun, among others. The Truth Commission was set up in the fulfilment of the inauguration promise that Ogun indigenes, including his 65 political supporters, who were murdered by sponsored political thugs between 2005 and May 2011 without opportunity for redress would be revisited. His words:" You will recall that during the campaigns, we promised that we would not allow the plight of our compatriots who lost their lives, properties or were brutalised and made to suffer different forms brutality to pass away without appropriate measures to seek redress or at least, investigate what happened." Court Suspends Activities of Ogun Truth Commission Daily Times By Funso Ajewole November 1, 2011 A court order granted to the former Governor of Ogun State, Otunba Gbenga Daniel, has suspended the activities of the Ogun State Truth and Reconciliation Commission set up by present Governor, Senator Ibikunle Amosun. On Monday, Justice Paul Onamade of the Ogun State High Court sitting at Isabo, Abeokuta, granted Daniel leave to commence a judicial review on the power of Amosun to set up the commission; thus technically suspending the activities of the Truth and Reconciliation Commission until it rules otherwise. Amosun had, on September 14, 2011, set up the Truth and Reconciliation Commission to determine the extent of damages and alleged shoddy dealings
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perpetrated during Daniel's tenure. Members of the commission include Pius Adeyemi, Abdulahi Mustapha, Dolapo Akinsanya, Bamidele Aturu, Tunji Onabamwo and Lanre Suraj. Daniel had, through his counsel, Professor Taiwo Osipitan, sued Amosun over the constitutionality of the commission. He urged the court to declare the process of setting up the commission illegal and unconstitutional. " His (Governor Amosun) power does not include the power to conduct an inquiry on whether the past governor, his aides, persons who served with him committed any crime between January 2003 and May 2009. " He is not competent by law to set up a commission of inquiry into any alleged criminal," Daniel had stated through Osipitan.
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COMMENTARY AND PERSPECTIVES

Legal Ruling Spotlights Serious Khmer Rough Court Problems Radio Netherlands By Robert Carmichael October 25, 2011 The ruling was handed down by the tribunal's Pre-Trial Chamber (PTC), which rules on disputes for cases that have not yet gone to trial. The two international judges on the PTC concluded that the Office of the CoInvestigating Judges (OCIJ) had denied victims the " fundamental right to legal representation. Observers say their dissenting opinion provides the most damning evidence to date that the OCIJ, whose role it is to probe evidence against suspects and to rule on the admissibility of civil parties, had failed in its duties when dealing with the tribunal's controversial third case, which the government has openly said it would not permit to reach trial. Clair Duffy, a tribunal monitor with the Open Society Justice Initiative, said the implications of Tuesday's ruling were " huge" . " Their observations on how the Case 003 investigation has been run -- in every sense -- confirms what we have all been hearing, but they go a step further," she said. " There is no question in my mind that this opinion is prima facie evidence of judicial misconduct." Tuesday's ruling followed the OCIJ's rejection in April of civil party applicant Robert Hamill, a New Zealander whose brother Kerry was tortured and murdered by the Khmer Rouge in 1978. Hamill, who is already recognized as a civil party in the tribunal's first two cases, was rejected by the OCIJ in April for Case 003 - on the grounds that he " did not demonstrate that he suffered the alleged psychological injury as a direct consequence of the death of his brother" . That same day the OCIJ closed Case 003 amid accusations they had buckled under political pressure. It soon became clear that the investigating judges had deliberately botched their Case 003 investigation. They failed to interview the two suspects or notify them that they were under investigation; they also declined to interview most witnesses or visit crime scenes; and they reportedly stuffed the case file with irrelevant documents.
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In May Hamill appealed the OCIJ's rejection of his civil party application. Tuesday's PTC ruling, which dealt with that rejection, was split along national lines, with the three Cambodian judges upholding the OCIJ's stance. That ruling means Hamill's appeal has failed, since the PTC needed to garner four votes to overturn the OCIJ's order. The Cambodian judges concluded that since the OCIJ had not charged either of the two suspects, there could be no victims, and that nullified Hamill's appeal. However their opinion was not shared by the two international judges. In their 12page dissenting judgment, Rowan Downing and Katinka Lahuis listed a litany of problems with the actions of the two investigating judges, Siegfried Blunk and You Bunleng, during their Case 003 investigation. (Blunk resigned on October 9 claiming political interference had made his position untenable, but Tuesday's ruling will raise questions that other forces were at work.) Downing and Lahuis wrote that Blunk and You had repeatedly refused to recognize civil party lawyers in breach of Cambodian and international practices, and refused to give reasons for that stance; kept victims in the dark about the case thereby preventing them from filing applications to become civil parties; and denied victims' lawyers access to the case file despite repeated requests. " In the absence of any reason or explanation provided by the Co-Investigating Judges for not giving (Hamill's) lawyers access to the case file at this stage and given the importance for the lawyers of having access to the case file in order to lodge their appeal, we are in favor of granting their request to access the case file," Downing and Lahuis wrote, adding that would not happen in practice since they had failed to persuade two of their Cambodian colleagues to agree to that. Downing and Lahuis also revealed that the OCIJ judges had altered details in their rejection of Hamill's appeal, backdated it and put it on the file, but failed to notify either Hamill or the PTC. They said the changes to the appeal rejection were " so fundamental that they affect its very substance." In short, they said, there were so many mistakes in the OCIJ's procedures that the investigating judges should reconsider their rejection of Hamill's appeal. Duffy said donors and the United Nations -- which has for months been resisting calls to investigate the conduct of the OCIJ -- must now act. " I can't stress enough the seriousness of the international judges' exposure of the modification and backdating of documents on the case file, while the matter was pending appeal," Duffy said. " The fudging of public records by any public official would ordinarily be a cause for concern, but judges attempting to cover up their mistakes while their decision is being appealed is shocking," she said, adding that failure to investigate now would look " farcical" . Judge You Bunleng did not respond to emailed questions on Tuesday. The ruling will further increase pressure on the United Nations to conduct an investigation into what has gone on at the tribunal. Last week Patricia O'Brien, the UN's senior legal officer, visited Phnom Penh and told the government to stop interfering with the judicial process in Case 003 and in the court's fourth and final case, which the government has also said it would not permit to get to trial. Anne Heindel, a legal adviser with the Documentation Center of Cambodia (DCCam), a genocide research organization in Phnom Penh, said the opinion of the international judges was " a breath of fresh air" . " (It provides) the first judicial acknowledgment of the severe procedural irregularities that have tainted Case 003," Heindel said by email. " The politics of this case are poised to split the court in half just as it's most important trial begins." The fallout from Case 003 comes just days after the tribunal announced that it's most important trial -- that of the four surviving leaders in Case 002 -- would start
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on November 21. The elderly defendants deny charges of genocide, crimes against humanity and war crimes, and stand accused of responsibility in the deaths of up to 2.2 million people during the Khmer Rouge's 1975-79 rule. DC-Cam's Heindel said the fact that the three Cambodian judges had voted as a bloc when ruling on Hamill's appeal did not bode well for another pending appeal: That of the international prosecutor Andrew Cayley, who asked for more work to be done by the OCIJ on Case 003. " If the national judges will not allow a direct victim of the crimes to be admitted as a civil party -- in contravention of the court's rules and previous case law -they are unlikely to allow the investigation itself to continue," Heindel said. A Hybrid Court Could Secure Justice in Libya The Guardian By Alison Cole October 27, 2011 Just days after the killing of Muammar al-Gaddafi, the former Libyan ruler, there are unconfirmed reports that his son Saif al-Islam al-Gaddafi and his former intelligence chief Abdullah al-Senussi are both seeking to surrender themselves to the international criminal court (ICC), where both are the subject of arrest warrants. This latest twist again focuses attention on the relationship between Libya's new leadership and the ICC, and on the broad question of how to obtain accountability for national and international crimes. It is important to recognize that national and international justice efforts could run side by side in Libya. Beyond the ICC cases, the international community could help the development of innovative approaches to justice in Libya, perhaps through creating a "hybrid" court that would be able to try suspects for atrocities that constitute war crimes or crimes against humanity under international law, as well as crimes under local law. Hybrid courts are not new, with examples such as the special court for Sierra Leone (SCSL) established in 2002, or the currently troubled Khmer Rouge court, the extraordinary chambers in the courts of Cambodia (ECCC) which was set up in 2003. Each was tailor-made for the country in question. For instance, the special tribunal for Lebanon (STL), set up in 2009, was established to try only national crimes. The Bosnian war crimes chamber established in 2005 received cases transferred from the international criminal tribunal for the former Yugoslavia. The United Nations has been instrumental in each setting, either by incorporating international legal professionals into domestic legal systems run by a UN administration such as in Kosovo and Timor-Leste, both in 2000, or through negotiating with the government concerned to establish the court within the existing national legal system. All these courts have hired national and international staff, occasionally deliberately pairing national and international counterparts such as at the ECCC. Hybrid courts have been based on both the civil law model with investigating judges (ECCC and STL) and also based on the common law model with the prosecutor conducting the investigation (SCSL). Hybrid courts offer numerous benefits to national justice systems. The UN office of the high commissioner for human rights has cited several justifications for hybrid courts such as the lack of national capacity or resources, building of trust and overcoming bias or corruption, contributing to ending impunity and providing an effective remedy, and thereby potentially contributing to national reconciliation. The development of local justice mechanisms in Libya, be they purely national or of a hybrid nature, is essential given the limited mandate of the ICC. The ICC can
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only try those most responsible for international crimes and the prosecutor is bound by the terms of the security council resolution 1970 which limits temporal jurisdiction to post-February 15th 2011 allegations. The full period of the Gaddafi regime therefore falls outside the scope of the ICC investigations. The ICC Rome Statute framework recognizes the limits on the ICC's jurisdiction through its provisions asserting that the ICC is to complement national legal processes. This principle of "complementarity" acknowledges the primary responsibility of the national authorities in providing accountability for international crimes allegedly committed by the Gaddafi regime and the National Transitional Council (NTC) beyond those indicted by the ICC. Complementarity is therefore central to the rule of law programming in building the post-Qaddafi Libya. But setting up a hybrid court at this stage in Libya presents a number of political challenges. First, the Libyans would have to decide whether they want to pursue the option - a potentially inflammatory proposition in the current unsettled political environment. Secondly, Libya would need to provide for the security of international staff, something that would again require stability. A potentially contentious issue will be the death penalty - the reaction to the brutal killing of Gaddafi has illustrated that for some Libyans, justice for the former leadership means execution. But the UN supports the prohibition of the death penalty and no international court has ever been empowered to try capital charges. A repeat of justice by the hangman's rope, as seen in Iraq for Saddam Hussein, is therefore likely to cause revulsion to Libya's international partners. The alternative of using a hybrid to pursue justice within a process of reconciliation provides a surer foundation for a stable transition. Should political challenges be overcome, the question remains to what extent a hybrid court would impact on the ICC proceedings concerning Saif al-Islam and alSenussi. Given that the situation in Libya was referred to the ICC by the security council, international law requires states to cooperate with the court by arresting and transferring ICC suspects to The Hague. However, all other perpetrators remain under the responsibility of the Libyan justice system. Even for the two persons sought by the ICC and still at large, there would be pre-trial proceedings designed to determine whether the national authorities are willing and able to conduct the trials themselves. Libya can make such admissibility arguments before the ICC to transfer back to Libya any suspects sought by the ICC. The ICC investigation in Libya remains open, so further ICC arrest warrants are also possible. In August the ICC prosecutor announced he was considering factual allegations against Khamis al-Gaddafi, who was subsequently reported to have been killed in Tripoli. However, even if further ICC arrest warrants are announced, Libya is still able to make admissibility arguments before the ICC to return the cases in Libya and the remaining perpetrators will still require a national justice process, either through domestic courts or through a hybrid court. For the vast majority of the potential cases, Libya must prepare its justice system to process mass allegations of international crimes. A hybrid court could be a valuable tool in the effort to secure justice. ICC Chief Highlights " Invaluable" Cooperation with UN Radio Netherlands October 27, 2011 " Indeed, the preamble of the Rome Statute [the 1998 treaty that established the ICC] sets out the court's objectives several of which overlap with the purposes of the UN," Judge Sang-Hyun Song said as he
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briefed Member States on the main developments at the court over the past year. He said the common objectives of the two institutions include the prevention and punishment of serious international crimes, the maintenance and restoration of international peace and security, and guaranteeing lasting respect for and enforcement of international law. " The ICC is deeply grateful for the invaluable cooperation we continue to receive from the United Nations in a wide variety of areas, ranging from security and field operations to the exchange of information and testimony of UN officials," said Judge Song. The ICC, which is based in The Hague, is the first permanent international court set up to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression. It can try cases involving individuals charged with serious crimes committed since July 2002. The Security Council, the ICC Prosecutor or a State Party to the court can initiate any proceedings, and the ICC only acts when countries themselves are unwilling or unable to investigate or prosecute. The number of situations under ICC investigation grew from five to seven this year with the addition of Libya and Cte d'Ivoire to the already existing probes in Central African Republic (CAR), the Darfur region of western Sudan, the Democratic Republic of the Congo (DRC), Uganda and Kenya. In addition to the seven investigations, the Office of the Prosecutor is conducting preliminary examinations regarding Afghanistan, Colombia, Georgia, Guinea, Honduras, Nigeria, Palestine and the Republic of Korea, as well as receiving information concerning many other countries. The court's first trial concluded in August with closing statements in the case against Thomas Lubanga Dyilo, charged with the use of child soldiers in the DRC. A judgment is expected before the end of this year. Judge Song noted that a number of arrest warrants remain outstanding for individuals sought by the court. " This is deeply distressing for the victims as well as the international community, and I implore States to redouble their efforts to bring the persons in question to justice," he stated. He also highlighted the fact that international support for the ICC has continued to grow, with five new States having joined the Rome Statute during the past year, bringing the number of States parties to 119. " I appeal to all UN Member States to stand united behind the international efforts to suppress the gravest crimes known to humanity," said Judge Song. " The Rome Statute is based on common values of fundamental importance -- peace, security and the well-being of the children, men and women of the world. " By joining this community, each State adds a brick to a wall that protects future generations from terrible atrocities." Miriam Credentials Solid for ICC Judge Manila Bulletin By Roy C. Mabasa October 30, 2011 Senator Miriam Defensor Santiago is in the running to be judge of the International Criminal Court (ICC), the Department of Foreign Affairs (DFA) revealed Sunday.
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The Independent Panel on International Criminal Court Judicial Elections has found Santiago qualified to be a judge of the ICC, said DFA Secretary Albert del Rosario. Del Rosario welcomed Santiago's nomination for the prestigious international post as he stressed that the finding of the Independent Panel " validates the confidence the Philippine government has placed in the excellent qualifications and outstanding character of our candidate, Professor Dr. Miriam Defensor Santiago." The Panel was established by the Coalition for the International Criminal Court (CICC) in December, 2010, to encourage States Parties to nominate the most qualified candidates to be judges of the ICC. The CICC includes 2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the ICC. The Independent Panel consists of experts in international law, international criminal law and procedure, humanitarian law and human rights law. They include the chair Justice Richard Goldstone, former Chief Prosecutor of the UN International Criminal Tribunals for Rwanda and the former Yugoslavia, where he sat as chair; and Patricia Wald, former Chief Judge of the US Court of Appeals for the District of Columbia and former judge of the UN International Criminal Tribunal for the former Yugoslavia, among others. Its report, published on the Panel's website, concluded that 15 of the candidates fulfill the requirements for judicial candidates of Article 36 of the Rome Statute, the treaty that established and governs the Court. " The Panel's determination of Qualified' or Not Qualified' for each candidate is based strictly on the requirements of the Rome Statute," said Gladstone in a statement. " It assessed each candidate according to the " list" to which he or she was nominated, either List A' consisting of candidates with expertise and substantial experience in criminal law, or List B' consisting of candidates with expertise and experience in international law relevant to the ICC." Santiago, a former trial court judge and expert in international law, is one of 19 candidates being eyed for six vacant seats on the ICC. She is included in List B. Based on geographic representation, one of the six is reserved for Asia. One other country from Asia, Cyprus, is competing for that seat. However, that country's candidate, George A. Serghides, was not among those that the Independent Panel found as " Qualified" because he lacks the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings, according to the Panel. " We see the ICC as playing a significant role in ending impunity, preventing crimes against humanity and in strengthening international peace and security," said Secretary Del Rosario. " The Philippines wishes to contribute to the work of the ICC and has launched the candidature of Dr. Santiago with this topmost in our minds." The elections are scheduled for the tenth session of the Assembly of States Parties, to be held at United Nations Headquarters, New York, from December 12 to 21. Targeting Versus Deprivation of Liberty Under the International Law of Armed Conflict American Society of International Law By Ramin Mahnad November 1, 2011
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Earlier this year, as the National Defense Authorization Act started making its way through the U.S. Congress, its proposed counterterrorism provisions sparked renewed discussions on the scope of authority conferred by the 2001 Authorization for Use of Military Force (" AUMF" ). More recently, the detention of Ahmed Warsame and the killing of Anwar al-Awlaki have brought the significance of that authority into sharp focus. The debates over the AUMF, Warsame, and al-Awlaki have raised issues about targeting and detention in armed conflict that involve fundamental principles of international humanitarian law (" IHL" ).[1] This Insight seeks to clarify those principles and explain how they interrelate. As a matter of U.S. domestic law, the AUMF authorizes the use of force against certain individuals and entities. In defining who may be the object of military action, the AUMF does not distinguish on its face between who may be detained and who may be the target of lethal force. As a matter of international law, however, the rules governing conduct in warfare take different approaches to targeting versus detention, and separate criteria apply when determining who falls within the scope of each activity. While there may be significant overlap between the two, the spheres of who may be detained and who may be targeted under IHL are by no means coextensive. A domestic statute authorizing military action without distinguishing between the two categories could certainly conform to international lawas long as persons falling within its scope also fall within IHL's criteria of who may be targetedand the purpose here is not to call into question the compatibility of the AUMF with IHL. Rather, this overview seeks to recall IHL principles differentiating between targeting and detention that may have become obscured by the focus of courts and policy-makers on the single set of criteria established by the AUMF. In the conduct of hostilities, the warring parties may generally direct attacks against members of the armed forces of a party to the conflict, but they may not direct attacks against civilians. This apparently straightforward statement of the principle of distinction between two mutually exclusive categoriescivilians versus armed forcescomes with several significant exceptions. First, members of the armed forces exclusively assigned to medical and religious duties may not be directly attacked and are entitled to identify themselves using one of the recognized protective emblems: the red cross, red crescent, or red crystal. They lose this protection, however, if they commit acts hostile to the enemy outside their humanitarian function. Second, civilians can lose their ownprotection from attack if they directly participate in hostilities. However, unlike members of the armed forces, who, regardless of the immediate threat they pose, may be targeted for the duration of their membership in those forces, civilians who lose their protection because of direct participation in hostilities may only be targeted while they directly participate. Third, regardless of their status as civilians or members of the armed forces, IHL protects all persons hors de combat. Treaty law defines this category as persons in the power of the adverse party, persons expressing a clear intention to surrender, or persons incapacitated by wounds or sickness. Fourth, in carrying out attacks against lawful targets, IHL prohibits ordering, threatening, or conducting operations on the basis that there be no survivors. Finally, when it comes to the tactics and weapons used against lawful targets, IHL more generally prohibits the infliction of superfluous injury or unnecessary suffering. Related to the question of who may be directly targeted is the issue of incidental harm, or what is commonly referred to as " collateral damage." In carrying out an attack against a lawful target, especially when high explosive munitions are involved, the possibility exists that persons, other than the intended targets, will be injured or killed. IHL addresses this issue by prohibiting the launching of an attack if it may be expected to cause incidental harm to civilians or civilian objects that is excessive in relation to the concrete and direct military advantage
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anticipated.[12] Even where the collateral damage would not be disproportionate, the 1977 Additional Protocol I to the Geneva Conventions (" AP I" ) requires that the attacking party take all feasible precautions to avoid, or in any event minimize, such harm. The principle of distinction naturally begs the question of who exactly is a civilian and who is a member of the armed forces. In the context of international armed conflict (" IAC" ), i.e. a conflict between two or more states, AP I defines a party's armed forces as " all organized armed forces, groups and units under a command responsible to that party for the conduct of its subordinates." It then defines civilians in the negative as all persons who are not members of the armed forces of a party to the conflict. In cases of non-international armed conflict (" NIAC" ), i.e. conflict between a non-state armed group and a state, or between non-state armed groups, IHL treaties also reflect a distinction between armed forces of the parties and civilians, but they do not clearly define these terms. Insofar as the regular armed forces of states are concerned, identifying members is relatively uncomplicated. Those serving in the military are formally integrated into a system regulated by law, and they visibly distinguish themselves through uniforms and insignia. However, the notion of armed forces under IHL is not limited to the regular armed forces of states. It also includes other forces belonging to the state, such as paramilitaries, militia, and volunteer corps. Importantly, it includes groups fighting against the state (or against other armed groups) in NIACs. When it comes to these forces, formal indicators of membership are not always available, and the factors to consider when determining whether an individual is a member of an organized armed group are the subject of ongoing discussion and debate. Whatever the criteria for membership, it bears keeping in mind that an individual may be affiliated with either a state or non-state party to an armed conflict without being a member of its armed forces. IHL treaties consistently envisage a difference between a " party to the conflict" on the one hand and that party's " armed forces" on the other. Applied to governments, this distinction often falls along the line formally separating the uniformed military from the rest of the civilian government. Applied to non-state actors, this distinction might not always be as visible, but conceptually it does exist. Indeed, many of the world's most sophisticated non-state warring parties have distinct political and military wings. In sum, setting aside ambiguities regarding specific criteria for membership and direct participation, IHL generally permits direct attacks only against the actual fighting forces of the adversary or civilians who are directly participating in hostilities at the time they are targeted. All others are protected from direct attack. IHL contemplates three categories of persons deprived of liberty for reasons related to an armed conflict: Prisoners of War (" POWs" ), internees, and persons detained on penal offenses. The POW category applies only in situations of IAC and generally consists of members of an adversary state's armed forces, members of certain irregular armed groups fighting for that state, and certain authorized civilians who accompany the armed forces, such as members of military aircraft crews, war correspondents, and supply contractors. The Third Geneva Convention (" Geneva III" ) specifically provides that POWs may be placed in internment campssubject to a host of detailed protectionsand may be held until the end of active hostilities. Conversely, the law provides members of state armed forces captured in IACs with immunity from criminal prosecution for their participation in the conflict to the extent that they complied with the laws of war. Unlike the POW regime, the internment of civilians is contemplated in both IAC and NIAC. Internment is an exceptional, non-punitive measure of control taken to
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protect the security of the detaining party. In IAC, the Fourth Geneva Convention (" Geneva IV" ) permits civilian internment on a State's own territory when " the security of the Detaining Power makes it absolutely necessary" and on occupied territory " for imperative reasons of security," subject to certain procedural safeguards necessary to prevent arbitrary detention. According to the commentary to Geneva IV, subversive activity, direct assistance to the enemy, sabotage, and espionage are some examples of acts that might justify internment of civilians. In NIAC, by contrast, IHL recognizes internment as a possibility, but the grounds and procedural safeguards for internment are not clearly spelled out and have been the subject of extensive discussion and debate. Nonetheless, there seems to be growing international acceptance by experts, certain governments, and othersincluding the International Committee of the Red Crossthat " imperative reasons of security" is an appropriate standard for internment in NIAC. Finally, IHL in both IAC and NIAC contemplates arrest and detention for penal offenses related to the armed conflict. Insofar as the grounds for detention on criminal charges are concerned, however, IHL mostly focuses on general prohibitions against the passing of ex post facto laws, not the scope or substance of the offenses themselves. Most of the attention to criminal detention in IHL is devoted to certain fundamental rights, such as protection against selfincrimination and the right to a fair trial. States have developed the law of armed conflict to reflect a careful balance between what is militarily necessary and what is required by the dictates of humanity, and the rules differ depending on the severity of action to be taken against an individual. As a result, the standards for the use of lethal force are less permissive than those for the deprivation of liberty. Nonetheless, there is an overlap between those who may be targeted and those who may be detained under IHL. A warring party in an IAC can direct attacks against members of the armed forces of the enemy state, as well as hold them in POW camps upon capture. A party to either an IAC or NIAC can target civilians directly participating in hostilities or, upon seizing them, could conceivably determine they are a sufficient threat to justify internment. And both categories of lawful targetscivilians directly participating in hostilities and members of the armed forcesare capable of committing a host of crimes related to the conflict for which they could be arrested and prosecuted. In spite of these commonalities, however, each category of persons who can be deprived of liberty also encompasses persons who cannot be attacked. Civilians accompanying the armed forces as crew, journalists, and contractors in an IAC, for example, may be captured and detained as POWs, but they cannot be targeted in the conduct of hostilities. They are by definition civilians and can only be the object of attack if and for such time as they directly participate in hostilities. Medical and religious personnel similarly enjoy protection from attack, but they too may find themselves lawfully in the hands of the adversary. Although it would not amount to detention as the term is ordinarily understood, if the state of health, spiritual needs, and number of POWs requires, the First Geneva Convention permits the detaining authorities to " retain" medical and religious personnel in an internment camp for their services. Persons engaged in espionage or otherwise assisting the adversary might also qualify for detention without being lawful targets. These activities might amount to an imperative threat to security justifying internment, but that is not to say that the individuals carrying them out are necessarily functional members of the armed forces, or even that their actions amount to direct participation in hostilities. Finally, and most evidently, the notion of penal offenses related to the armed conflict encompasses a broad spectrum of potentially criminalized activities, some of which might also qualify the individual as a lawful target, but many of which will
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have nothing to do with hostilities. Thus, some criminal detainees, for example those accused of criminal homicide for attacks on government forces, may have also been lawful targets before their arrest; but many, such as persons accused of general propaganda or financial support to an armed group, may have not. The framework outlined here applies to detention or targeting in the context of an ongoing armed conflict. Part of the debate surrounding the specific operations against Warsame and al-Awlaki has focused on how far this framework should extend beyond so-called hot battlefields and consequently whether IHL should have governed those operations to begin with. In other words, before assessing whether Awlaki met the criteria above for targeting, or whether Warsame met the criteria above for detention, any international law analysis of those operations would have to make a threshold determination of whether the law of armed conflict applies in the first place. That said, insofar as operations do fall within the framework of an armed conflict, it can be concluded that lawful targets under IHL comprise a narrower group of individuals than those who may be detained. This distinction makes sense if one accepts that the sole objective of hostilities in armed conflict is to " weaken the military forces of the enemy," while the various objectives of detention can range from maintaining security, to preventing POWs from returning to the battlefield, to punishing petty crimes. Keeping this distinction in mind when contemplating the criteria for targeting or detention will help ensure that the underlying balance between military necessity and humanity will remain best reflected in the law. The Nuremberg Military Tribunals and Contemporary International Criminal Law Opinio Juris By Roger S. Clark November 2, 2011 This is a terrific book which ploughs much virgin territory. The dust jacket blurb describes it accurately as providing the " first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military tribunals (NMTs)." It is not the only material on the topic but it is the most illuminating. There is much to be gleaned from Telford Taylor's Final Report to the Secretary of the Amy (1949) and his derivative study, " The Nuremberg Trials," 27 Int'l Conciliation (also 1949) and, of course, Taylor's 1992 memoir, The Anatomy of the Nuremberg Trials. (Taylor was my Constitutional Law Professor at Columbia). I also learned a lot about the NMTs in the relevant parts of Peter Maguire's historian's account in Law and War: An American Story (2001), although the organization there, a chronological account across the trials, was very frustrating. So, we are all indebted to Kevin for what is a tour de force examination of an enormous amount of material. Often the greatest value of an historical study is to illuminate contemporary issues. Accordingly, I thought I'd talk about Nuremberg and Crimes against Peace, trying to link some of the significant points that Kevin draws from the NMT material to the 2010 Kampala Amendments to the Rome Statute of the ICC. Those amendments move us in the direction of empowering the Court to " exercise" its jurisdiction over the crime of aggression. Most of what follows is about mistakes of law and then I offer some thoughts on the " leadership" feature of the crime of aggression. One of the striking features of the Rome Statute is its criminal law " general part" , by far the most comprehensive of its kind ever found in a treaty. This includes, in Article 30, a default rule as to the " mental element" applicable to the " material elements" of the crimes within the jurisdiction of the Court. " Unless otherwise provided" (and the Statute is, itself, thin on " otherwise providing" ), there must be " intent and knowledge" in respect of the material elements. Article
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32 adds that a mistake of fact shall be a ground for excluding responsibility only if it negates the mental element required for the crime. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court is not a ground for excluding criminal responsibility. (Ignorance of the law is no defense. The accused cannot be heard to say: " Goodness gracious, aggression is a crime -- I didn't know that!" ) On the other hand, the article adds that a mistake of law may be a ground for excluding criminal responsibility if it negatives the mental element required by such a crime. Some mistakes of law, it seems, will " work" . Mistakes, in general, go to negativing the relevant mental element. The debate on the inclusion of Article 32 in the Statute was in many ways a reprise of the debate that took place in the American Law Institute over the necessity for the similar mistake provision contained therein, Section 2.04. Is mistake conceptually a " defense" of some sort, or simply a denial of the prosecution's prima facie case -- and thus not necessary to state explicitly as a distinct element? In both cases, the provision ultimately found its way in, on the basis that it was helpful, or at least not unhelpful. The Nuremberg Tribunals had no such legislative framework as Article 30 and 32 to rely upon. Nevertheless, they were faced with general part problems that sent them out to general principles. As Kevin points out in his discussion of mens rea (at 194-98), the NMTs, following the lead of the IMT, " adopted knowledge as the mens rea of crimes against peace, with one minor exception." (The exception was the requirement of one tribunal that, in the case of rearmament, the actor must not only have known of but must also have intended the aggressive use of the material.) He points to language of the High Command Tribunal that " there first must be actual knowledge that an aggressive war is intended and that if launched it will be an aggressive war." I underscore first the " actual" knowledge part of the equation. The instinct of all the panels was that negligence was not enough; recklessness was not enough; " willful blindness" was not enough (although it might constitute an evidentiary aid). There was no strict liability. Actual, subjective, knowledge had to be proved. Similar questions about the appropriate level of culpability for all the crimes in the jurisdiction of the ICC pervaded the negotiations leading to the Rome Statute. By and large, the " knowledge" minimum contained in Article 30 held, with a few exceptions such as the command responsibility obligations (negligence in the case of military commanders, recklessness in the case of civilian leaders). (Command responsibility for aggression, incidentally, is an issue that the Kampala negotiators ultimately left to the judges. As I understand Kevin's discussion there were no examples in Nuremberg where a serious effort was made to punish a crime against peace on the basis of command responsibility.) Kevin does not devote much attention to the question of how " actual knowledge" is to be proved, but I doubt that he would disagree with the proposition stated in Paragraph 3 to the General Introduction to the Elements of Crimes, adopted by the ICC's Assembly of States Parties in 2002: " Existence of intent and knowledge can be inferred from relevant facts and circumstances." That was consistent with the work of the NMTs. He does, however, note a crucial point that is ultimately relevant to the application of Article 30 and 32 of the Rome Statute to the crime of aggression, namely whether " knowledge" sometimes requires proof of a legal evaluation. He points out that the Ministries tribunal, probably speaking also for the others, said that the knowledge requirement involved a legal evaluation of the war or invasion in question. " It was not enough for the defendant to know that the Nazis intended to use armed force against another country; he also had to subjectively recognize that the intended attack would violate international law." (P. 195.) Kevin contrasts this with the position taken by the tribunals that it was not necessary to show that those charged with crimes against humanity or war crimes knew that the acts in question were criminal. He does not examine this further and I suspect that the explanation in Ministries is merely the fiat of the tribunal. It was nonetheless an important point.
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Article 32 of the Rome Statute provides a framework for examining the mistake of law problem and, I think potentially leads to a somewhat different analysis from that apparently used in the Ministries case. It perhaps makes life a little easier on the prosecution. It is no defense for the accused to claim that he did not know that aggression, war crimes, genocide and crimes against humanity are forbidden (or that they are within the jurisdiction of the Court). This is an easy application of Article 32. On the other hand, a particular manifestation of any of the relevant crimes might be excluded from criminal responsibility by a mistake of law as to one of its elements. How to apply this abstract proposition to particular crimes prompted much angst during the drafting of the Elements of the war crimes in particular. (Article 9 of the Statute requires the drafting of Elements of Crimes to " assist" the Court.) There are some crimes in the finished product that appear to permit a " defense" based on a mistake or ignorance of law (or at least of mixed fact and law). Take, for example, the war crime of improper use of a flag, insignia or uniform of the United Nations. One of the elements is that " The perpetrator knew of the prohibited nature of such use" and a footnote refers to the " interplay between article 30 and article 32." It must be the case that someone who gets his legal analysis honestly wrong does not have the necessary knowledge -- he does not " know" . In a second set of instances, the Elements (in a move that is arguably ultra vires the Statute) incorporate a negligence test. Take, for example, the war crime of improper use of a flag of truce. Here the test is whether the perpetrator " knew or should have known of the prohibited nature of such use." Whether the particular use is prohibited may involve quite complex and arcane issues of law. Indeed, there is another footnote here mentioning the " interplay between article 30 and article 32." This time the footnote adds that " [t]he term prohibited nature' denotes illegality." The ultimate issue is what a reasonable person would have known about that illegality. A non-negligent mistake of law may excuse. There is another set of arguably " legal mistake" issues that receive yet a third kind of treatment in the Elements. Take the " contextual" circumstance element for war crimes, the requirement of a " war" , or in the language of Article 8, an " armed conflict" (whether it is international or non-international makes no difference to the analysis). That has to be an issue with legal aspects. Here, the Elements work a finesse. The legal material gets re-packaged as factual. The relevant element becomes: " The perpetrator was aware of factual circumstances that established the existence of an armed conflict." It is this third, recharacterizing, approach that found favor with the drafters of the Elements of the Crime of Aggression, as adopted in Kampala. The " Introduction" to the aggression Elements makes two relevant statements. Paragraph 2 notes that " [t]here is no requirement to prove that the perpetrator has made a legal evaluation as to whether the use of armed force was inconsistent with the Charter of the United Nations." Paragraph 4 adds that " [t]here is no requirement to prove that the perpetrator has made a legal evaluation as to the manifest' nature of the violation of the Charter of the United Nations." In the Elements themselves, Element 4 asserts that the prosecution must prove that: " The perpetrator was aware of the factual circumstances that established that such a use of force was inconsistent with the Charter of the United Nations," and that : " The perpetrator was aware of the factual circumstances that established such a manifest violation of the Charter of the United Nations." The drafters believed that this approach would encourage leaders not to rely on " disingenuous" legal advice (or worse). This seems like a sensible interpretation of Article 32 but is no doubt open to the argument that it strays too far from the text and is thus ultra vires. At all events, in approaching the Kampala text, it is useful to have Kevin's reminder that the problem of legal mistakes was on the floor at Nuremberg and, as we learned from the UK Attorney-General's comings and goings before the Second Gulf War, is still a live issue. (There is, by the way, much in Kevin's discussion of
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the Justice case at several points in his narrative that could have been instructive to legal advisers in the US, the UK, and I suspect Australia, about their professional responsibilities had they pondered on it.) A few years ago, in a persuasive piece in the European Journal of International Law, Kevin weighed in on the definition of the " leadership" aspect of the definition of the crime of aggression. The Kampala Amendments settled for requiring that the actor must be " a person in a position effectively to exercise control over or to direct the political or military action of a State." Kevin thought that the test adopted by most of the NMTs, namely that the actor needed to be in a position to " shape or influence policy," provided a better framework for dealing with the case where industrialists close to the Government were charged with the crime. The drafters of Kampala did not deny that industrialists might be caught, even by their text (see the 2007 Report of the Special Working Group on the Crime of Aggression). Kevin returns to the discussion in his book with some very helpful analysis of the cases. He notes that, " although no industrialist was ever convicted of crimes against peace, the tribunals consistently emphasized that industrialists could satisfy the leadership requirement." (P. 187.) There is, in short, much food for thought about contemporary issues in Kevin's discussion of the crime against peace, as in his discussion of the other Nuremberg crimes. Our understanding is enriched by his labors. Jurist Made International Difference The Sydney Morning Press By Marlise Simons November 3, 2011 Antonio Cassese, a prominent Italian jurist who helped establish two international war-crimes tribunals and who was often described as the chief architect of modern international criminal justice, has died of cancer at his home in Florence, Italy. He was 74. In books, law journals and decisions from the bench, Cassese expanded the body of international law that had lain mostly dormant since the trials at Nuremberg and Tokyo after World War II. A professor of law in Florence and Oxford early in his career, in 1993 he became the first president of the International Criminal Tribunal for the former Yugoslavia, a court established by the United Nations to deal with war crimes in the Balkans in the 1990s. Invariably affable but outspoken, he prodded fellow lawyers and Western governments into providing more support for the fledgling tribunal. And he played a key role in defining rules that would guide it and that have since served as a model for other tribunals and courts. Among his early decisions, seen as controversial at the time but widely accepted since, were several that changed basic precepts of international criminal law. One was that war crimes could be punished not only in wars between nations, but also in conflicts within a particular country. In another, he wrote that even if there was no war going on, massacres, torture and other atrocities committed by governments or groups could be found to be crimes against humanity and punished accordingly. ''Perhaps more than any other person, Antonio Cassese was both the visionary and the architect of international criminal justice,'' said Theodor Meron, the American judge who will take over this month as president of the Yugoslavia tribunal. Most recently, Cassese was president of the Special Court Tribunal for Lebanon, created by the UN to try those accused of killing Lebanon's former prime minister Rafik Hariri and 22 others.
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Over the years, Cassese became a familiar figure in The Hague, where several international courts are based. He was often seen riding his bicycle, and he was popular for his wit and personal modesty, as well as his erudition. Stephen Rapp, the United States ambassador for war crimes and a former international prosecutor who knew Cassese for many years, said: ''Everywhere that he served, Judge Cassese was the energetic force that overcame inertia, caution and resistance in order to work for justice for the victims of the most serious crimes known to humankind.'' Born in Atripalda, in southern Italy, he had hoped to study philosophy or sociology but instead opted for law at Pisa University. In an essay called Soliloquy, a personal history, he wrote that he initially found it difficult to learn the hard discipline and the rigorous logic of law. But eventually he became known for scholarly work ranging from numerous essays to books including The Tokyo Trial and Beyond: Reflections of a Peacemonger, based on his conversations with a Dutch judge, Professor Bert Roling. Cassese was editor-in-chief of the more than 1000-page Oxford Companion to International Criminal Justice and founded the monthly Journal of International Criminal Justice, which became a prestigious forum for debate. In fact, he insisted on the need for continuous debate because international law was gradually emerging. But he said it was vital to remain sceptical about harsh laws. ''Laws may and should be improved if they are not up to reality,'' he said frequently. To remind himself, he kept these words from Bertolt Brecht, the German playwright and poet, on his office wall in The Hague: ''I am by nature a man who is difficult to control. I reject with outrage any authority that does not rest on my respect. And I regard laws only as provisional and changeable proposals for regulating human intercourse.'' Cassese won numerous awards for his work, most recently, in 2009, the Erasmus Prize in the Netherlands. He used the prize money to help law students publish papers. In 2004, he headed the UN Commission of Inquiry on Darfur, which led the Security Council to ask the International Criminal Court to open an investigation into the reported large-scale crimes against civilians. The court eventually issued an arrest warrant for several officials from Sudan, including the country's president, Omar Hassan al-Bashir. Cassese could be critical of fellow judges whom he thought lazy or inefficient. In a 2006 report on the Special Court for Sierra Leone, he said the judges were taking too many breaks. Patricia Wald, a former federal judge in the US, who was an appeals judge on the Yugoslavia tribunal, said of Cassese: ''There are moments in history when one individual can make a great difference, and he was such a man.'' He is survived by his wife, their son and daughter, and two grandchildren.
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WORTH READING
The Archipelago and the Hub: Universal Jurisdiction and the International Criminal Court The First Global Prosecutor: Constraints and Promise By Maximo Langer October 13, 2011 Abstract: Whenever a territorial state or other state with a relevant link to a core international crime - a crime against humanity, genocide or war crime - does not prosecute the crime in question, universal jurisdiction prosecutions by individual states and the International Criminal Court (ICC or the Court) are the only two permanent criminal law enforcement regimes available. This chapter - written for the book 'The First Global Prosecutor: Constraints and Promise' (Martha Minow and Alex Whiting eds., The University of Michigan Press, forthcoming 2012) - proposes a theoretical framework to analyze what the relationship between these two regimes should be and has actually been. The core argument for this framework is that the International Criminal Court and its Prosecutor have more legitimacy than universal jurisdiction prosecutions because they are more representative, accountable and transparent to humanity, and more respectful of state sovereignty. This theoretical framework enables the chapter to analyze three central issues in the relationship between the two regimes. The first of these issues is whether universal jurisdiction prosecutions have any role to play after the creation of the ICC. The chapter argues that although the ICC has more legitimacy, universal jurisdiction still has a role to play in the prosecution of core international crimes given the substantial jurisdictional gaps, institutional and political constraints, and limited capacity of the ICC. Secondly, based on a global survey of universal jurisdiction cases, the chapter demonstrates that universal jurisdiction has played a very limited role in supplementing the work of the Court and its Prosecutor, and articulates possible reasons for this lack of collaboration. Finally, the chapter contends that the ICC's principle of complementarity that regulates the relationship between the ICC and domestic prosecutions should not regulate the relationship between the ICC and universal jurisdiction. Rather, the ICC and its Prosecutor should adopt a more flexible approach in this area that acknowledges the higher legitimacy of the Court while also encouraging universal jurisdiction prosecutions that supplement the Court's work. Articulating International Human Rights and International Humanitarian Law: Conciliatory Interpretation Under the Guise of Conflict of Norms-Resolution The European Convention Human Rights and the UK Human Rigths Act (2011) By Jean D'Aspremont October 27, 2011 Abstract: This chapter seeks to challenge the mainstream use of the principle Lex specialis derogat generali to articulate HRL and IHL. It is argued here that judges and legal expert do not actually articulate HRL and IHL along the lines of that principle but rather engage in a systemic integration of these two sets of rules. More specifically, it is submitted here that, under the guise of the principle Lex specialis derogat generali, most judges and experts apply a principle of interpretation ofinternational law, that is the principle of systemic integration of international law. The ambition of this chapter is accordingly to shed some light on the actual manner in which HRL and IHL have been articulated and dispel the impressions that are conveyed by the professed use of conflict-resolution mechanisms. This chapter will start by recalling the elementary features of the principle of systemic integration of
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international law (1) and those of the principle of Lex specialis derogat generali (2) with a view to showing that each of them constitute a very specific mechanism that does not serve the same purpose as the other. The chapter will then demonstrate how, in the context of the simultaneous application of IHL and HRL, these two mechanisms have been conflated, the systemic integration principle being applied under the guise of the Lex specialis derogat generali (3). Eventually, this chapter will try to unearth some of the reasons underlying the trompe l'oeil created by the use of the Lex specialis derogat generali to carry out a systemic integration of IHL and HRL (4).
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War Crimes Prosecution Watch Staff
Advisors Professor Michael P. Scharf and Brianne M. Draffin Editor in Chief John K. Sawyer Managing Editors Emily Werner Rachel Wolbers Senior Technical Editors Boris Block Cameron MacLeod Associate Technical Editors Steven Paille Greg Scholand Payne Tatich Emerging Issues Advisor Judge Rosemelle Mutoka Contact: warcrimeswatch@pilpg.org
International Criminal Court

Central African Republic &Uganda Casey Fitzpatrick, Senior Editor Danielle Fritz, Associate Editor Darfur, Sudan Adam Centner, Senior Editor Erin Davis, Associate Editor
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Democratic Republic of the Congo Kimberly Brown, Senior Editor Kapree Harrell-Washington, Associate Editor Kenya Karelia Rajagopal, Senior Editor Catrina Otonoga, Associate Editor Libya Kimberly Brown, Senior Editor Sana Ahmed, Associate Editor
Africa
International Criminal Tribunal for Rwanda Meri Nagapetyan, Senior Editor Amy Wojnarwsky, Associate Editor Special Court for Sierra Leone Kyle Johnson, Senior Editor Ben Zimmerman, Associate Editor
Europe
European Court of Human Rights Sarah Corradi, Senior Editor Jeffrey Bieszczak, Associate Editor Court of Bosnia and Herzegovina, War Crimes Section Michaela Rossettie, Senior Editor Dong Hyun Kwak, Associate Editor International Criminal Tribunal for the Former Yugoslavia Rebecca Stanger, Senior Editor Sarah Cotterell, Associate Editor Domestic Prosecutions in the Former Yugoslavia Ashtyn Saltz, Senior Editor Paul Salamon, Associate Editor
Middle East and Asia

Extraordinary Chambers in the Courts of Cambodia Benjamin Galea, Senior Editor Sarah Nasta, Associate Editor Iraqi High Tribunal Theresa Chung, Senior Editor Scott Friedman, Associate Editor Special Tribunal for Lebanon Helena Traner, Senior Editor Hyder Syed, Associate Editor Bangladesh International Crimes Tribunal Melinda Robinson, Senior Editor Ruchi Asher, Associate Editor War Crimes Investigations in Burma Melinda Robinson, Senior Editor Neal Robin, Associate Editor
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North and South America

United States Phillipe Benard, Senior Editor Noah Fowle, Associate Editor Inter-American Court of Human Rights Melinda Robinson, Senior Editor Rebecka Hawkins, Associate Editor
Topics
Terrorism Jon-Paul McConnell, Senior Editor Christopher Cassaniti, Associate Editor Piracy Mark Silvaggio, Senior Editor Jeffrey Garrette, Associate Editor Universal Jurisdiction Max Stahlberg, Senior Editor Nicholas Weiss, Associate Editor Gender-Based Violence Theresa Chung, Senior Editor Scott Friedman, Associate Editor
Reports
UN Reports Theresa Chung, Senior Editor Katlyn Kraus, Associate Editor NGO Reports Max Stahlberg, Senior Editor Jessica Rubin, Associate Editor
Truth and Reconciliation Commissions

Candice Sengillo, Senior Editor Vijyalakshmi Patel, Associate Editor
Commentary and Perspectives

Keith Edmund White, Senior Editor Russell Caskey, Associate Editor
Worth Reading
Jessica Feil, Senior Editor Effy Folberg, Senior Editor
War Crimes Prosecution Watch is prepared by the International Justice Practice of the Public International Law & Policy Group and the Frederick K. Cox International Law Center of Case Western Reserve University School of Law
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and is made possible by grants from the Carnegie Corporation of New York and the Open Society Institute. Grotian Moment: The International War Crimes Trial Blog: http://law.case.edu/grotian-moment-blog/ Frederick K. Cox International Law Center: http://law.case.edu/centers/cox/ Cox Center War Crimes Research Portal: http://law.case.edu/war-crimes-research-portal/
Public International Law & Policy Group http://www.pilpg.org/
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War Crimes Prosecution Watch November 7

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War Crimes Prosecution Watch November 7

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War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov.

FREDERICK K. COX INTERNATIONAL LAW CENTER

WAR CRIMES PROSECUTION WATCH

Michael P. Scharf and Brianne M. Draffin, Advisors

INTERNATIONAL CRIMINAL COURT

Democratic Republic of the Congo

War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov. 7, 2011

Special Court for Sierra Leone

International Criminal Tribunal for the Former Yugoslavia

War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov. 7, 2011

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov. 7, 2011

War Crimes Prosecution Watch, Vol. 6, Issue 16 -- Nov. 7, 2011

TRUTH AND RECONCILIATION COMMISSIONS

COMMENTARY AND PERSPECTIVES

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

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Democratic Republic of the Congo

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International Criminal Tribunal for Rwanda (ICTR)

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Special Court for Sierra Leone (SCSL)

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The Court of Bosnia and Herzegovina, War Crimes Chamber

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