In this week’s review, news about the ICC’s newly elected Registrar, amicus briefs on Jordan’s appeal on Bashir travels, rights of the accused in the Gbagbo case, Oneissi’s defence case schedule, STL disclosure and an extended mandate for the UN Commission on South Sudan
ICC judges elect Peter Lewis as the Court’s new Registrar
On Wednesday, 28 March, Mr Peter Lewis was elected as the new ICC Registrar by an absolute majority of the ICC judges. Mr Lewis succeeds Mr Herman von Hebel, and will have five year mandate, starting on 17 April. Mr Lewis has had a distinguished career and extensive experience working as the Chief Executive for the Crown Prosecution Service in England and Wales, and has authored various publications in the field of international criminal justice and on the ICC. Under Art. 43(2) of the Rome Statute, the Registrar’s role is defined as being the principal administrative officer of the Court, who exercises his or her functions under the authority of the ICC President. Mr Lewis will be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the ICC Prosecutor (Art.42(1) and 43(1)).
(ICC Press Release)
ICC AC invited amicus briefs on question of Bashir visit to Jordan
In the case of The Prosecutor v Omar Hassan Ahmad Al-Bashir at the International Criminal Court, the Appeals Chamber issued an order inviting expressions of interest as amici curiae on an appeal filed by Jordan regarding a visit to the country by Sudanese President Omar Al-Bashir in March 2017. The appeal concerns a decision by Pre-Trial Chamber II finding that Jordan failed to comply with its obligation to arrest Al-Bashir, and referring its non-compliance to the Assembly of States Parties and the UN Security Council. In its Order, the Appeals Chamber invited observations by the United Nations, the African Union, the European Union, the League of Arab States and the Organization of American States on the merits of the legal questions posed in the appeal, and will permit States Parties and professors of international law to request leave to submit observations on the issues as well. (ICC AC Order)
ICC makes decision affecting rights of accused on trial briefs in Gbagbo case
In the case of The Prosecutor v Laurent Gbagbo & Charles Blé Goudé at the International Criminal Court, Trial Chamber I rejected a request by the Gbagbo Defence that its time limit in which to respond to the Prosecution’s trial brief be suspended until a French translation of the brief is made available. The brief, which was filed on 19 March, was submitted pursuant to an order by the Trial Chamber inviting the Prosecutor to file submissions illustrating her case and detailing the evidence in support of the charges. In denying the Defence request, Trial Chamber I noted that the accused’s right to be informed of the charges against him did not extend to the trial brief, which was merely a tool to benefit the Chamber and the parties, and further noted that the accused could rely on counsel, able to function in both languages, to address any doubts or concerns. (ICC TC Order)
Oneissi defence case scheduled for 10-20 April at the Special Tribunal for Lebanon
In the case of Prosecutor v Ayyash et al. at the Special Tribunal for Lebanon, the Trial Chamber scheduled the presentation of the Defence case for Hussein Hassan Oneissi for 10-20 April 2018. The Prosecution closed its case against the four accused in February 2018, and the Trial Chamber recently heard oral submissions from the Oneissi Defence on an application for a judgement of acquittal, which it denied. Although the Oneissi Defence has informed the Trial Chamber that it intends to call two witnesses, the Trial Chamber noted that one of its witness summaries was deficient, as it failed to include a summary of the facts on which he is expected to testify. Because that same witness indicated that he may not be available to testify for another three months, the Trial Chamber directed the Oneissi Defence to contact him regarding the possibility of alternative arrangements for his testimony, including via video-conference link. (STL TC Order)
Special Tribunal for Lebanon Trial Chamber decides on defence disclosure request
On 23 March 2018, the Special Tribunal for Lebanon denied a request by the Defence for Hassan Habib Merhi that the Trial Chamber order the Prosecution to disclose material from a witness interview conducted by Prosecution investigators and remind the Prosecution of its disclosure obligations. The Trial Chamber confirmed that the obligation to disclose persists after the closing of the Prosecution’s case, and that the general disclosure principles apply to all witnesses in the proceedings. The Chamber found no reason to doubt the Prosecution’s representation that there was no such material, namely a list of questions for the witness, any interview notes made by the investigator or any draft witness statements. The Chamber refused to issue a reminder of the Prosecution’s disclosure obligations, as it found no reason to believe that the Prosecution had improperly destroyed original interview material. (Decision)
Mandate for UN Commission on South Sudan investigation on crimes and violations extended
On 23 March 2018, the United Nations Human Rights Council adopted a resolution renewing the mandate of the United Nations Commission on Human Rights in South Sudan for one year. The Commission is tasked with determining and reporting the facts and circumstances of alleged gross violations and abuses of human rights and related crimes in South Sudan, as well as collecting and preserving evidence of such crimes and clarifying responsibility for them. It will provide this information to transitional justice mechanisms, including a hybrid court to be established in cooperation with the African Union. (Sudan Tribune, OHCHR)
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