In this week’s review, news about the ICC invitation of Myanmar Rohingya jurisdiction submissions, Bensouda’s address to the UN Security Council on Darfur, the US’s withdrawal from the UN Human Rights Council, the new head of the Lebanon tribunal Defence Office, the end of the EU Rule of Law Mission in Kosovo (EULEX) mandate and more
EU Rule of Law Mission in Kosovo (EULEX) mandate to end on 14th June 2020
The European Union has determined that its rule of law mission in Kosovo (EULEX) will end on 14 June 2020. The mission was tasked with helping the Kosovo authorities to establish sustainable and independent rule of law institutions. Among other functions, it investigated and prosecuted serious crimes including corruption, organised crime, money-laundering, war crimes and human trafficking. It will operate under a revised mandate, staffed by around 500 personnel and 90 police officers, with a view to handing over remaining tasks to other long-term EU instruments.
(Reuters, DW, Council Decision CFSP 2018/856)
ICC Pre-Trial Chamber invites observations from Myanmar on OTP’s Rohingya jurisdiction question
The ICC’s Pre-Trial Chamber I invited Myanmar to submit observations on the issue of whether the court may exercise jurisdiction over the alleged deportation of more than 670,000 members of the Rohingya people from Myanmar to Bangladesh. It noted that because the crime of deportation is alleged to have commenced on the territory of Myanmar, observations from its government would assist the Chamber in resolving the Prosecutor’s request for a ruling on jurisdiction. Specifically, the court sought observations on the possibility of the court’s exercise of territorial jurisdiction and the circumstances surrounding the crossing of the border by the Rohingya. The observations are due to be submitted by 27 July. (ICC PTC Decision)
ICC Prosecutor addresses UN Security Council on Darfur
On 20 June, ICC prosecutor Fatou Bensouda briefed the UN Security Council on the situation in Darfur, urging it to take tangible action on behalf of the victims of alleged atrocity crimes in the region. She argued that the Sudanese government has refused to cooperate with the ICC, and has instead repeatedly used the Security Council to denounce the court. Bensouda also noted that the subjects of five arrest warrants issued by the Office of the Prosecutor remain at large, and urged the international community to support the apprehension and transfer of ICC suspects. Further, she requested that the Security Council take action concerning states referred to it for their failures to arrest suspects on their territories, noting, in particular, the proceedings against Uganda, Jordan and Chad in relation to their failures to arrest and surrender Sudanese president Omar Al Bashir. She argued that sustainable peace and stability could only return to Darfur by ending impunity and ensuring accountability for victims. (ICC Prosecutor Statement)
US withdraws from UN Human Rights Council
The United States has withdrawn from the UN Human rights Council. The US ambassador to the UN, Nikki Haley, together with the US Secretary of State, Mike Pompeo made the announcement on 19 June 2018. The decision to withdraw from the UNHRC reportedly came as a consequence of the long-term US criticism of membership of countries with poor human rights records, the UNHRC’s approach to Israel’s human rights record and its recent criticism of the US border policy. Nikki Haley added that the US commitment to the protection of human rights remained unaffected and that the US would consider re-joining if reforms were implemented. The UN High Commissioner for Human Rights, Zeid Raad al-Hussein denounced the decision: “Disappointing, if not really surprising, news. Given the state of human rights in today’s world, the US should be stepping up, not stepping back.” The UNHRC was created by the UN General Assembly as an inter-governmental body on 15 March 2006 replacing the UN Commission on Human Rights. It is composed of 47 UN Member states and it meets three times a year. It reviews the record of human rights of all UN member states in the Universal Periodic Review process, a novel element in the creation of the UNHRC. (BBC, Middle East Eye, The Hill)
Trial of former Bosnian Serb army members on genocide charges begins in Sarajevo
The trial of two former members of the Bosnian Serb Army on Srebrenica genocide charges committed in 1995 commenced in Sarajevo. Mile Kosoric, the former commander of the Vlasenica Brigade of the Bosnian Serb Army and Momcilo Tesic, a member of the Military Police Squad are charged in the indictment with committing genocide during the raid in Srebrenica between 12 and 14 July 1995. The Vlasenica Brigade members allegedly set up checkpoints in the village of Luke, separated men from women and transported the men to military barracks in Mrsici, where 21 men were allegedly shot. Women were allegedly taken from various locations notably Potocari to Luke village and raped. The witnesses heard during the trial thus far have testified to the detention of men and rape of women in the context of the Luke village raid. Two other Bosnian Serb soldiers, Borislav Stojic and Rajko Drakulic were indicted in the case, but the proceedings were separated after they went on the run in Serbia. The trial is due to continue on 10 July 2018. (Balkan Insight)
Dorothée Le Fraper du Hellen appointed head of Lebanon tribunal Defence Office by UN secretary general
On 8 June, Ms Dorothée Le Fraper du Hellen was appointed as the head of defence at the Special Tribunal for Lebanon (STL), by the secretary general of the United Nations. Ms Le Fraper du Hellen, a French national, has 25 years of experience in international and criminal law. She has practised at the ICTR, worked for various human rights organisations and has been responsible for multiple submissions to the European Court of Human Rights. She was admitted as a member of counsel at the STL in 2012 and represented the accused Mr Hassan Habib Marhi. She replaces Maître François Roux who served in the post from March 2009 to February 2018. (STL Press Release)
ICC Pre-Trial Chamber grants amicus requests for Rohingya jurisdiction question
Pre-Trial Chamber I at the ICC (the Chamber) has accepted three amici curiae submissions in the Prosecutor’s request for a ruling under Article 19(3) of the Rome Statute on the Court’s jurisdiction over the situation concerning Rohingya refugees. The Chamber received three separate requests to submit amicus curiae observations. On 7 June, a request was received from the Women’s Initiatives for Gender Justice, Noripokkho, Ms Sara Hussain, and the European Centre for Constitutional and Human Rights. They sought collectively to submit observations on how sexual and gender based violence can be appraised within the crime of deportation, and how this appraisal informs the nature, commencement and completion of the crime. On 8 June, the Chamber received a request from Guernica 37 International Justice Chambers to submit amicus curiae observations on the issues of extra-territorial jurisdiction, the border between Bangladesh and Myanmar, and the wider application of any ruling by the Chamber. On 13 June, the Chamber received a request from the Bangladeshi Non-Govermental Representatives, an informal group of Bangladeshi civil society organisations, humanitarian agencies, jurists, human rights advocates and scholars. They sought to submit observations on the circumstances of how Rohingyas came to be deported from Myanmar to Bangladesh. In decisions issued on 11 June and 14 June, the Chamber granted all three requests stating that each group had sufficient experience in their subject matter and their observations would not unduly overlap but would in fact complement each other. The observations therefore would be desirable for the proper determination of the Prosecutor’s request. The Chamber has previously granted amicus curiae requests in this matter from the International Commission of Jurists and the Canadian Partnership for International Justice. Under Rule 103 the Chamber can accept amicus curiae observations at any stage during the proceedings. (Decision 11 June, First decision 14 June, Second decision 14 June)
ICC Pre-Trial Chamber decision on conduct of proceedings for Saif Gaddafi admissibility challenge
On 14 June 2018, the ICC Pre-Trial Chamber gave its decision on the conduct of the proceedings against Saif Al-Islam Gaddafi after the defendant filed a challenge to the admissibility of the case. The challenge asserts that the case is inadmissible based on the principle of ne bis in idem because Gaddafi was previously convicted by the Tripoli Criminal Court for substantially the same conduct (ICC Statute, Articles 17 and 20(3)). The Chamber requested the Prosecutor, victims and the Security Council to submit any written observations by 28 September 2018. It also appointed a legal representative for victims. (Decision)
Photo: EU Rule of Law Mission in Kosovo/Facebook
Creative Commons Attribution