11 July 2018 - NPWJ News Digest on International Criminal Justice


The criminal law as sledgehammer: the paternalist politics of India’s 2018 Trafficking Bill
by Open Democracy, 11 Jul 2018

Smt Maneka Gandhi, the Indian minister for women & child development, is likely to table ‘The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018’ (hereafter, the bill) in the monsoon session of parliament scheduled to take place be-tween 18 July and 18 August 2018. The minister’s aspiration to make India a leader among South Asian countries to combat trafficking is laudable. Sadly, the tabled bill will, if enacted, fall far short of these expectations.

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South Africa: Pretoria Backtracks on ICC Withdrawal Threat
by All Africa, 10 Jul 2018

In what appears to be an extraordinary about-turn, International Relations Minister Lindiwe Sisulu last week hinted that the government might reconsider the controversial decision to withdraw from the International Criminal Court (ICC).
Legalbrief reports that SA's threat to dismantle its own international criminal justice framework over the Omar al-Bashir debacle, sent shockwaves across the continent.

Sisulu did not mention former President Jacob Zuma by name, but said the ICC withdrawal decision was taken ‘under the previous administration’. She said it was back on Cabinet's agenda. 

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International Reaction to Charges Against Reuters Reporters in Myanmar
by US News & World Report, 09 Jul 2018

(REUTERS) - A MYANMAR court has charged two Reuters reporters with breaching the colonial-era Official Secrets Act. They face up to 14 years in prison if convicted.

Wa Lone, 32, and Kyaw Soe Oo, 28, who pleaded not guilty after being charged on Monday, were detained late last year. At the time of their arrest they had been investigating the killing of 10 Rohingya Muslim men and boys in a village in Myanmar's western Rakhine state.

The court's decision, in what has become a landmark press freedom case in Myanmar, drew global attention and prompted renewed calls for the reporters' release.


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Trump Picked Kavanaugh. How Will He Change the Supreme Court? Top legal thinkers weigh the record of Brett Kavanaugh, the likely replacement for Justice Anthony Kennedy.
by Politico, 09 Jul 2018

In the end, President Donald Trump made the expected choice: Brett Kavanaugh, a conservative jurist who has served on the U.S. Court of Appeals for the D.C. Circuit since 2006. Kavanaugh, a former clerk to the retiring Anthony Kennedy, has a sterling reputation in conservative legal circles, and a record to match.
In his remarks announcing his pick, Trump suggested he had chosen Kavanaugh for his originalist conception of the law -- a philosophy more in keeping with the late Antonin Scalia than with the more activist Kennedy. “What matters is not a judge’s political views but whether they can set aside those views to do what the law and the Constitution require,” the president said. Kavanaugh reinforced that idea in his own comments, remarking, “A judge must be independent and must interpret the law, not make the law.”
But how will Kavanaugh rule once he’s actually on the bench? We asked top legal thinkers to evaluate his record -- and tell us how he might change America’s highest court.



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Joint NGO Concept Note for an EU Special Representative on International Humanitarian Law and International Justice
by NPWJ, 06 Jul 2018

The European Union (EU) and its member states have a longstanding commitment to promote respect for human rights and international humanitarian law (IHL) and to fight impunity for international crimes through criminal prosecutions.[1] Translating these commitments into effective action now needs to be a matter of urgent priority for the European Union, in the face of an alarming commission of international crimes across the globe.

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Liberia: 76 Groups Seek Justice for War Crimes
by NPWJ, 05 Jul 2018

Submission to UN Human Rights Committee Focuses on Accountability
The Liberian government should undertake fair and credible prosecutions of international crimes committed during its two civil wars, 76 Liberian, African, and international nongovernmental organizations said in a submission to the United Nations Human Rights Committee released today.
The submission was made ahead of Liberia’s appearance before the committee, which monitors implementation of the International Covenant on Civil and Political Rights by its states parties, scheduled for July 9-10, 2018 in Geneva.

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