In this week’s review, news about the Gbagbo Prosecution ‘mid-trial’ brief, the Šešelj appeals judgment, the ICC response to Duterte’s announcement on Rome Statute withdrawal, a private prosecution against Aung San Suu Kyi, ICC Chamber’s reconstitution, Colombia’s transitional justice tribunal and more
ICC Prosecution submits “mid-trial” brief in Gbagbo trial
In the case of The Prosecutor v. Laurent Gbagbo & Charles Blé Goudé at the International Criminal Court, the Prosecution submitted a mid-trial brief pursuant to Trial Chamber I’s invitation, in order to clarify her case and link the evidence to the elements of the crimes charged. In the brief, the Prosecution described the narratives and elements of the crimes charged, as well as the individual criminal responsibility of the accused. The Prosecution also submitted five additional confidential annexes along with the brief, comprised of a list of acronyms used in the brief, a list of names appearing in the brief, six maps of Abidjan marked with locations that had been either confirmed or unconfirmed by submitted evidence, a document relating to the visitor logbook of the Presidential Residence, and victim lists for each of the five charged incidents. The Prosecution emphasised that, in submitting the brief, its obligation could be no more onerous than a response to a “no case to answer” motion, and that the brief also could not be considered as a closing brief submitted at the end of a case. (ICC Prosecution Filing)
UN MICT to issue Šešelj appeals judgment in April
The Mechanism for International Criminal Tribunals (MICT) announced that it will render its appeal judgement in the case of Prosecutor v. Vojislav Šešelj on 11 April 2018. Šešelj, the leader of the Serbian Radical Party (SRS), was charged at the International Criminal Tribunal for the former Yugoslavia (ICTY) of using hate speech to incite and support war crimes committed in Croatia and Bosnia-Herzegovina, as well as expulsions of ethnic Croats from Serbia. He was acquitted on all counts in March 2016, and the Prosecution appealed the ruling. (B92)
ICC issues response to the Philippines’ withdrawal notification
After the announced withdrawal of the Philippines from the ICC Rome Statute on 14 March 2018 and subsequent official deposition of a written notice to the UN Secretary General on 17 March 2018 in the midst of the alleged commission of crimes against humanity and war crimes by the Philippine police force, the ICC issued a statement on 21 March 2018 regretting the country’s decision. However, in the same statement, the ICC recalled the principle stipulated by the Pre-Trial Chamber in the Burundi situation and Rule 127 of the Rome Statute which still permits the Court to investigate the crimes falling under its jurisdiction during the period in which the State under investigation was still party to the ICC Rome Statute. Therefore, if sufficient evidence is found, the responsible actors may still be brought to trial before the ICC for the crimes allegedly committed. (ICC Statement)
Private prosecution for crimes against humanity initiated against Aung San Suu Kyi
On 16 March, an application was filed in Australia for the private prosecution of Aung San Suu Kyi, the de facto head of government of Myanmar, for crimes against humanity against the Rohingya population. The application was submitted while Aung San Suu Kyi was present in Australia to attend an Association of Southeast Asian Nations (ASEAN) summit. Australia recognises universal jurisdiction in respect of international crimes, subject to the consent of the country’s Attorney-General. (The Guardian)
ICC Presidency reconstitutes ICC Chambers
On 16 March 2018, the Presidency of the International Criminal Court assigned judges to the Court’s three judicial divisions and recomposed certain chambers. The assignments take effect on 20 March 2018 and continue for three years and thereafter until the completion of any case. (ICC Press Release)
Consideration of reintegration for Rwandan genocide convicts
Members of Rwanda’s Upper House of Parliament submitted a resolution seeking improvement in the reintegration of former convicts of genocide into society following the completion of their prison sentences. The resolution followed a report by the National Unity and Reconciliation Commission (NURC) indicating that there were significantly different perceptions regarding the rate of such convicts’ reintegration into society amongst genocide survivors, relatives of convicts, and neighbors of former prisoners. While convicts are supposed to have received lessons on reconciliation during their prison sentences, several senators suggested that the Rwandan government must make national unity and reintegration a higher priority. (AllAfrica)
ICC accused, Saif Gaddafi, to run for Libyan Presidency
The officials of the Libyan Popular Front party announced during a press conference in Tunis that Saif al-Islam Gaddafi, the son of the late Muammar Gaddafi, will run for the Libyan Presidential elections, which are due to be held at the end of this year. Saif Gaddafi was sentenced to death in absentia by a court in Tripoli, but after passing of the amnesty law, he was released in June 2017. The situation in Libya was referred to the International Criminal Court by the UN Security Council in March 2011. The indictment against Saif Al-Islam Gaddafi was issued on 27 June 2011 on the charges of murder and persecution as crimes against humanity under Articles 7(1)(a) and 7(1)(h) of the Rome Statute. The crimes were allegedly committed across Libya from 15 until at least 28 February 2011, through the state apparatus and security forces. At the time of the arrest, Gaddafi was presumed to have acted as a de-facto Prime Minster of Libya. In addressing the UN Security Council in May 2017, the ICC Prosecutor Fatou Bensouda renewed her call for the surrender of Saif Al-Islam Gaddafi. He is not in ICC custody and his whereabouts are reportedly unknown. (The Telegraph, Middle East Eye)
Colombia’s transitional justice tribunal to begin investigations into war crimes
Colombia’s transitional justice tribunal, the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz) is reportedly due to commence investigating the war crimes committed during the more than fifty years long civil war between FARC rebel group, Ejército de Liberación Nacional (ELN), government, right-wing paramilitaries and drug traffickers. The conflict left over 200,000 dead and more than 5 million internally displaced. The Special Jurisdiction for Peace is a product of the 2016 Peace Agreement, and should serve as a backbone for justice. The Tribunal is designed to bring truth and justice to the victims by having the alleged perpetrators, including the military officials, provide testimony and written accounts of the crimes committed. Thus far, up to 1,800 army officials and more than 4,600 FARC members have submitted their testimony. The alleged perpetrators who recognise their responsibility in a timely manner will, if found guilty, be sentenced to 5 to 8 years in prison while those who evade justice by providing false accounts face up to 20 years in prison. The names of 51 magistrates making up the Tribunal were announced in September 2017, comprised mostly of Colombian nationals. A start date for the first trial has not yet been set. The situation in Colombia has been at the stage of preliminary investigations before the ICC since 2004 and the regime of complementarity applies. (Reuters)
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