In this week’s review, news about impunity in Colombia, Ongwen submissions on fair trial rights violations, provisional release for Stanisic, Kosovo Serb politician on WC trial killed, Karadzic request to participate in the appeal hearing, and more
Colombian President promises that there won’t be impunity for most serious crimes against humanity
The President of Colombia, Juan Manual Santos, has promised that its war crimes tribunal will not provide impunity for crimes against humanity, genocide, or other serious violations of human rights committed during the country’s 52-year civil war. The tribunal, called the Special Justice for Peace (JEP), was a key element of the 2016 peace treaty signed between the government and the FARC, and the country is currently awaiting a ruling from its Constitutional Court as to the terms of the justice process. President Santos spoke in support of the agreement, which has generated controversy in Colombia, particularly with regard to concerns that the JEP would be overly lenient to FARC leaders. The President’s statements come in the midst of an ongoing ICC investigation into the situation in Colombia, which has been under preliminary examination since June 2004 and is focused upon alleged crimes against humanity committed since November 2002 and alleged war crimes committed since November 2009. (PanamPost)
UN MICT approves Stanisic’s request for an extension of provisional release
On 12 January, the UN MICT Trial Chamber granted, ICTY and MICT accused, Jovica Stanisic’s third request for an extension of provisional release for a further three months; until 13 April 2018. The Trial Chamber first approved Stanisic’s request for provisional release on 19 July 2017 which conditions which required a medical reporting regime and non-interference with the administration of justice. Jovica Stanisic and Franko Simatovic were tried before the ICTY and acquitted of all charges on 30 May 2013 by the Trial Chamber. However, on 15 December 2015, the ICTY Appeals Chamber ordered that both accused be retried on all counts, and the retrial commenced before the MICT on 13 June 2017. (UN MICT Trial Chamber Decision)
Kosovo Serb politician facing war crimes retrial killed
On 16 January, Oliver Ivanovic, the Kosovo Serb leader of the Citizen’s Initiative Party was shot dead in the ethnically divided city of Mitrovica, Kosovo. Ivanovic was facing re-trial for alleged war crimes involving the murder of ethnic Albanians in Mitrovica in 1999 before the European Union Rule of Law Mission in Kosovo (EULEX), and was convicted of these allegations in January 2016 and sentenced to nine years in prison. Ivanovic’s conviction and sentence were quashed in 2017, and the appeals court ordered a retrial. EULEX is a separate judicial institution from the Kosovo Specialist Chambers based in The Hague, the Netherlands where the Tribunal’s first indictments are expected to be issued in due course. (New York Times, Evening Standard).
Ongwen defence supplements submissions on fair trial violations
The Defence for Dominic Ongwen submitted an addendum on 10 January to its request for findings on fair trial violations. On 11 December 2017, the Defence requested additional resources in full equality with the Prosecution. The Defence argued that the inequality of resources between the Prosecution and Defence compounded a failure by the Prosecution to properly inform the Accused of the charges contrary to Article 67(1) of the Rome Statute. The latter was pursued in a further motion on 8 January 2018, wherein the Defence sought findings on fair trial violations and a stay of proceedings due to the failure to provide a full translation of the charging document in the accused’s language. The addendum filed on 10 January maintained that the current translation was incomplete and pressed for the requested findings. The Trial Chamber has not yet decided on either matter. (Defence Submissions of 11 December 2017, Defence Submissions of 8 January 2018, Defence Submissions of 10 January 2018)
Karadzic makes request to participate in 2018 appeal hearing
On 5 January, ICTY accused Radovan Karadzic made a request to participate in the appeal hearing of his case. The request concerns The Defence’s reply to Grounds 28, 34, 36-37, 38-39, and 45. The Defence noted the Appeal Chamber would benefit from Karadzic’s familiarity with the issues at hand. Further, the Defence stated that they do not expect that Karadzic would address any of the Prosecutors grounds of appeal, however, he reserved the right to do so. Karadzic’s participation is likely to occur in near the end of the second quarter of 2018 (JRAD).
ASP President meets with UN Sec Gen António Guterres
On 15 December, the newly elected President of the Assembly of States Parties, Mr. O-Gon Kwon from the Republic of Korea, met with both the President of the UN General Assembly Miroslav Lajčák and the UN Secretary-General António Guterres. The meeting focused on the need for UN cooperation and diplomatic support for the ICC, as well as the importance of pursuing universal ratification of the Rome Statute. The meeting followed closely on the heels of the Sixteenth Session of the Assembly of States Parties, during which the ASP took the historic step of activating the ICC’s jurisdiction over the crime of aggression. (ICC Press Release)
Israel joins Rwanda to demand France acts on genocide suspects
On 15 January, Israel joined Rwanda and six other countries in demanding that France “take active steps” to extradite suspects involved in the 1994 Rwandan genocide. The call came as part of the UN Human Rights Council’s Universal Periodic Review. The countries called for the suspects to be extradited to Rwanda or arrested and prosecuted in France, highlighting France’s reluctance to prosecute those alleged to have been involved in the genocide. Rwanda has previously criticised France for granting asylum to many of those suspected of being involved in the genocide and refusing to cooperate with the International Criminal Tribunal for Rwanda. (News of Rwanda)
War crimes suspect Bogdan Mitrovic released
Bogdan Mitrovic, a Serb accused of war crimes in Kosovo, has been released from custody. Mr Mitrovic was initially arrested in August 2017. His lawyer has claimed that the original arrest was based on the statement of a single witness – a neighbour who was also in charge of resettling Serbs in the area. A spokesperson from the Office for Kosovo and Metohija, a Serbian government body, has criticised the human rights violations in detaining Mr Mitrovic. He also stated that Mr Mitrovic’s release was a result of hard work by his defence team and Serbian President Aleksandar Vučić’s petitions to the European Union. (B92)
Dutch arms dealer case postponed as South African authorities prepare extradition documents
On 12 January, the Cape Town Magistrates’ Court granted a postponement of the case against convicted arms dealer, Augustinus Petrus Kouwenhoven, in order to allow time for documents to be prepared for his extradition to the Netherlands. Mr Kouwenhoven was convicted by a court in the Hague on 21 April 2017 for his involvement in war crimes in selling weapons to Charles Taylor during civil wars in Liberia and Sierra Leone. Mr Kouwenhoven was convicted in absentia and fled to Cape Town where he was subsequently found by authorities. He faces 19 years imprisonment in the Netherlands if deported. (GNN Liberia)
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