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25 Nov 2015 - NPWJ News Digest on international criminal justice
NPWJ press release
Side event on "Accountability and the Prospect of a Political Solution to the Conflict in Syria"
NPWJ, 24 Nov 2015
In the margins of the 14th Session of the International Criminal Court Assembly of States Parties, the Euro-Syrian Democratic Forum and No Peace Without Justice are convening a Side Event on "Accountability and the Prospect of a Political Solution to the Conflict in Syria", which will be held on 25 November 2015 (from 13:15 to 14:45, Oceania Room, World Forum, The Hague). The meeting is organised with the financial support of the European Union and co-sponsored by the Governments of Belgium, Canada, France, Italy, Liechtenstein, Netherlands, United Kingdom and the National Coalition of Syrian Revolution and Opposition Forces. Panelists of the meeting, to be co-Chaired by Niccolò Figà-Talamanca, Secretary General No Peace Without Justice and Hussein Sabbagh, Secretary General of Euro-Syrian Democratic Forum, include Raheb Alwany, Human Rights Defender, Rami Nakhla, NPWJ Syria Project Coordinator, Ayman Ghojal, Human Rights Defender, Stephen Rapp, former US Ambassador for Global Criminal Justice, former SCSL Prosecutor.
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International Criminal Court cites Nigerian army and Boko Haram
By NEOline, 24 Nov 2015
The International Criminal Court (ICC) is citing the Nigerian Army for two possible war crimes in the war against Boko Haram, reported the online news site Information Nigeria. Boko Haram, an Islamic extremist group, has reportedly been cited for six war crimes. The group is responsible for over 10,000 deaths and the displacement of million others from their homes since 2009. In its Preliminary Examination Report on Nigeria, the ICC is accusing the military of indiscriminate arrest, detention, torture and extrajudicial killings of people suspected to be Boko Haram fighters. The army is also accused of attacking the civilian population as well as the recruitment of child soldiers by pro-government militia known as the Civilian Joint Task Force. Nigeria’s defence headquarters, however, described the ICC report as “biased, subjective and unacceptable”. As regards the war crimes committed by Boko Haram, the ICC said the sect was liable for indiscriminate attacks on innocent civilians.
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Cabinet affirms ICC withdrawal
The Namibian, 24 Nov 2015
CABINET has approved a recommendation by the ruling Swapo Party to withdraw Namibia from the International Criminal Court, information minister Tjekero Tweya said yesterday. Tweya made the announcement at a media briefing where he also confirmed that Cabinet tasked the Ministry of International Relations and Cooperation to review the country's foreign policy. “Cabinet approved Namibia's position regarding possible withdrawal from the International Criminal Court, given the discussions of the Swapo Party central committee on the issue”. Tweya did not say when government will withdraw, adding that “technical issues need to be sorted out first”. Swapo has over the years repeatedly criticised the ICC for being biased against African and other developing countries and targeting African leaders. In fact, President Geingob urged fellow African countries to pull out of the ICC if it is becoming an “abomination” by not serving its mandate. In a prepared speech he was supposed to give at the African Union summit in South Africa but was not delivered earlier this year, Geingob said the ICC should stay out of the domestic affairs of countries such as Kenya.
Bangladesh executes two opposition leaders for 1971 war crimes
By Reuters, 22 Nov 2015
Bangladesh executed two opposition leaders on Sunday for war crimes committed during the 1971 war to break away from Pakistan, a senior police official said, in a move likely to draw an angry reaction from supporters. Islamist opposition leader Ali Ahsan Mohammad Mujahid and Salauddin Quader Chowdhury, a former legislator from former premier Khaleda Zia's Bangladesh Nationalist Party (BNP), were hanged shortly after President Abdul Hamid rejected their appeals late on Saturday for clemency. "Both of them were hanged simultaneously on two separate platforms," the police official said. Mujahid, 67, of the Jamaat-e-Islami party, and Chowdhury, 66, were hanged at Dhaka Central Jail. The Supreme Court had previously rejected their appeals against a death sentence imposed by a special tribunal for genocide and torture of civilians during the conflict. The Border Guard Bangladesh paramilitary force has been deployed across the country to tighten security. Muslim-majority Bangladesh, until 1971 East Pakistan, has seen a rise in Islamist violence in recent months, with two foreigners and four secular writers and a publisher killed this year.
ASP adopts Kenya's agenda on Rule 68, ICC witness procurement audit
By the Star, 18 Nov 2015
The ASP has adopted Kenya's agenda on the application of Rule 68 to the DP's ICC case and the audit of the recanted witness identification and recruitment process. Kenya had asked the Assembly of States Parties to address the use of recanted witness statements in revisiting discussions on Rule 68, that were conducted at its meeting two years ago. Kenya does not want the rule, which allows use of the evidence, applied in DP William Ruto and journalist Joshua Sang's cases, in line with an agreement reached during the ASP's 2013 session. The ICC said victim participation is an important aspect of court proceedings and that "justice must be meaningful for those to whom it matters most. "Only with global participation can the court be fully effective in intervening wherever core international crimes are committed," it said. Regarding the audit, Kenya wants an ad hoc mechanism of five independent jurists appointed to "establish and determine the veracity of allegations of irregular procuring and coaching of witnesses in the case within 6 months."
Libya conflict: breaches of international law by all sides, says UN
By the Gardian, 17 Nov 2015
All sides in Libya’s conflict are committing breaches of international law that may amount to war crimes, including abductions, torture and the killing of civilians, the United Nations has said. Islamic State forces have gained and consolidated control over swaths of territory, “committing gross abuses including public summary executions of individuals based on their religion or political allegiance”, said the joint report by the UN human rights office and UN support mission in Libya (Unsmil). Libyan armed groups pledging allegiance to the group control areas of central Libya including Sirte, Harawa and Nofliya, and have claimed responsibility for a number of attacks, including on oil fields, checkpoints and petrol stations, it said. The UN report, referring to multiple armed conflicts in Libya, said: “All parties to the conflicts continue to commit violations of international human rights and humanitarian law, and abuses of human rights, including indiscriminate and disproportionate attacks; summary executions and other unlawful killings; arbitrary deprivations of liberty; and torture and other cruel, inhuman or degrading treatment.”
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