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25 May 2016 - NPWJ News Digest on international criminal justice
Articles
Malian jihadi to plead guilty in ICC cultural destruction trial
by the Guardian , 25 May 2016
A Malian jihadi will seek forgiveness from his people for attacking the world heritage site of Timbuktu when he pleads guilty at an unprecedented case before an international war crimes court, according to his lawyer. Ahmad al-Faqi al-Mahdi will become the first person to admit to war crimes charges before the international criminal court (ICC) based in The Hague at a joint hearing and sentencing due to be held in the coming months. He stands accused of jointly ordering or carrying out the destruction of nine mausoleums and a section of Timbuktu’s famous Sidi Yahia mosque, a Unesco world heritage site dating back to the 15th and 16th centuries.Mahdi is the first jihadi suspect to appear before the ICC and the first person to be solely charged with war crimes for an attack on a global cultural monument. Mahdi, who is aged about 40, had told his defence lawyer, Mohamed Aouini, he was “a Muslim who believes in justice”. “He wants to be truthful to himself and he wants to admit the acts that he has committed. And he wants to ask at the same time for pardon from the people of Timbuktu and the Malian people,” Aouini told a hearing at the ICC on Tuesday.
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Niger to Hand Over Scores of Boko Haram Militants to ICC, Says President Issoufou
by All Africa, 24 May 2016
The Niger Government has arrested scores of Boko Haram militants and will hand them over to the International Criminal Court (ICC) for trial, President Mahamadou Issoufou, has said. This is contained in a document from the World Humanitarian Summit, ongoing in Istanbul, Turkey, made available to reporters in New York. The document said Mr. Issoufou made this known on Tuesday during a high-level leaders' round table titled "Uphold the Norms that Safeguard Humanity". He said the Nigerien government would ensure the militants are tried by the ICC."This is something that all countries should do," he said. The best way to protect civilians, he added, was to ratify humanitarian conventions."Political, military and administrative authorities must be aware of pledges made by Governments and of the sanctions provided for under those conventions," he said. Mr. Issoufou added that all countries must take on commitments to respect international humanitarian law and human rights instruments, as well as guarantee that populations in need received humanitarian aid.
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Rwanda urges Europe to try genocide cases after Swedish conviction
By RT, 22 May 2016
Rwandan prosecutors are calling on their European counterparts to try genocide cases themselves if they are unable to extradite wanted persons back to the African state for trial. The move follows a Swedish court’s decision last week to sentence a Rwandan national to life in prison for his role in the 1994 genocide against the Tutsi population. Claver Berinkindi was handed a life sentence by the Stockholm District Court after he was found guilty of leading a series of killings in the south of Rwanda. Witnesses said he had commanded a militia and organized raids where thousands of Tutsis were killed. Berinkindi, 61, was not extradited to Rwanda to face trial as he is also a Swedish citizen, the AP reports. Rwanda’s government said there are hundreds of similar pending cases or arrest warrants for alleged participation in the mass genocide for suspects currently residing in Europe. Some 1,1000 fugitives have been tracked by the country’s Genocide Fugitive Tracking Unit (GFTU), with indictments and arrest warrants being issued to over 130 of the suspects. The GFTU reported that the majority of the fugitives are in France, Belgium, the Netherlands, Italy, and Nordic countries, according to All Africa.
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More Concerns about Transitional Justice in Sri Lanka
By The World Post, 20 May 2016
Sri Lanka’s Foreign Minister Mangala Samaraweera has recently received a letter from Tamil civil society organizations and individuals. The letter deals broadly with Colombo’s plans for transitional justice and the way the creation of an Office for Missing Persons (OMP) is being handled. The OMP is one of the major pillars of the country’s transitional justice agenda. Among other matters, the letter notes that the government has failed to properly consult the victims thus far, something that’s cause for significant concern. “We categorically state that an OMP that is designed without proper consultation with the victims and their communities would be unacceptable,” write the signatories.
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Africa: International Criminal Court - Africa Is a Target, Not Participant
by All Africa, 20 May 2016
During the presidential swearing-in ceremony, it was reported that some diplomats walked out of the Kololo Ceremonial Grounds in protest against the presence of Sudan's President Omar al-Bashir, and President Yoweri Museveni's remarks about the International criminal Court (ICC). The diplomats were at liberty to walk out in protest. However, I know that diplomacy requires some civility and diplomats don't protest in a way that can jeopardise relationships among countries on other fronts. My import in this article is on the subject of the ICC and why African heads of state are right in their accusation against the ICC. The ICC, located in The Hague in Netherlands, is the court of last resort that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of States Parties or within the territory of States Parties. States Parties are legally obligated to cooperate with the court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses.
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