4 May 2016 - NPWJ News Digest on international criminal justice

Articles

Tunisia: Transitional Justice and the Fight Against Corruption
By AllAfrica, 03 May 2016

Political tensions between supporters and opponents of Tunisia's transitional justice process and of its application in the economic realm are delaying the implementation of policies necessary to stimulate the economy and tackle corruption. The process' supporters view it as essential to keeping the revolutionary flame alive, reestablishing citizens' trust in state institutions and promoting the rule of law, equitable development and reconciliation. From their side, its opponents see it as a remnant of a past political context and an obstacle to economic recovery. Compromises will be needed to reconcile these two camps as well as strengthen government efforts to root out corruption and economically integrate regions most neglected under the former regime. After the fall of President Zine al-Abidine Ben Ali on 14 January 2011, Tunisia's new political actors implemented a politicised, often arbitrary and thus haphazard, form of justice; comprising a variety of ad hoc and extrajudicial measures, this process could be described as "revolutionary justice". The former regime's victims were able to receive material and symbolic reparations, while businessmen believed to have been implicated in corruption had assets seized, faced trials (many of which are still pending) or were blackmailed.

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Chad: Q&A - the Case of Hissène Habré Before the Extraordinary African Chambers in Senegal
by All Africa, 03 May 2016

On May 30, 2016, judges at the Extraordinary African Chambers in the Senegal court system will deliver their verdict in the trial of former dictator of Chad, Hissène Habré. Habré faces charges of crimes against humanity, torture and war crimes, and the prosecutor has asked the court to hand down a life sentence. The chambers were inaugurated by Senegal and the African Union in February 2013 to prosecute the "person or persons" most responsible for international crimes committed in Chad between 1982 and 1990, the period when Habré was president.The trial began on July 20, 2015 and ended on February 11, 2016, after testimony from 93 witnesses and final arguments. It was the first trial in the world in which the courts of one country prosecuted the former ruler of another for alleged human rights crimes. It was also the first universal jurisdiction case to proceed to trial in Africa. Universal jurisdiction is a principle of international law that allows national courts to prosecute the most serious crimes even when committed abroad, by a foreigner and against foreign victims. The New York Times has called the case "a milestone for justice in Africa." The following questions and answers provide more information on the case.

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Germany to start trials over Syrian war crimes, as refugee influx brings suspects into country
By ABC News, 01 May 2016

Germany will this week start its first war crimes trial over atrocities in Syria, as a mass refugee influx brings not only witnesses and victims but also suspects into the country. Aria L., a 21-year-old German national and suspected jihadist, posted on Facebook photos of himself posing next to two decapitated heads in Syria — and his case is not the only one from the war-torn country to occupy German justice. "Ten investigations linked to Syria or Iraq are currently being examined by the federal prosecutor, on top of more than 30 cases against former jihadists over their membership in a terrorist group," said a spokesman for the prosecutor's office. [...] Such investigations have gained momentum particularly as 1.1 million asylum seekers arrived in Germany last year, about 40 per cent of whom fled the wars in Syria and Iraq. Authorities dealing with asylum requests have picked up and sent 25 to 30 tips every day to prosecutors, as since 2013 Germany requires applicants to complete a form asking if they have witnessed war crimes or could name perpetrators of violations. "The refugee influx has provided new opportunities for prosecutors to collect specific information," said Geraldine Mattioli, an expert on international justice at Human Rights Watch.

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Beyond the ICC: how international criminal justice can thrive in Africa
by ISS Africa, 29 Apr 2016

 The international criminal justice system has been developing at an exponential rate; and Africa remains a wellspring of such developments. At the International Criminal Court (ICC), which remains focused mostly on African situations, the first four months of 2016 have been eventful. The trial of former Ivorian president Laurent Gbagbo and co-accused youth leader Charles Blé Goudé has began, while that of Jean-Pierre Bemba Gombo ­– the former vice-president of the Democratic Republic of Congo – ended with him being found guilty of war crimes and crimes against humanity committed in the Central African Republic. The Kenyan case against the deputy president, William Ruto, and co-accused radio executive Joshua arap Sang was terminated without prejudice to re-prosecution. More recently, the Prosecutor announced the opening of a preliminary examination into the situation in Burundi

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‘You Must Hear Us, Because We Have a Lot to Say’: Young Leaders Present their Recommendations on Reparations to Cote d’Ivoire Government
By The International Center for Transitional Justice , 28 Apr 2016

The young activists behind Cote d’Ivoire’s Justice and Peace Action Network (Le Réseau Action Justice et Paix, RAJP) have spent three years talking. Talking to each other about their experiences during the violence that has plagued the country since 2000. Talking to their peers about a history that has otherwise been silent. Talking to their community about how to engage the country’s youth in reparations and build a lasting peace. In an effort to include young people in the transitional justice process in Cote d’Ivoire, the youth of RAJP consulted nearly 2,000 of their peers since 2013. On Friday, they will demonstrate the power of these conversations in a report to their communities and to policy makers at a public forum hosted by ICTJ and UNICEF in Abidjan. They will discuss their recommendations for youth reparations and use interviews, spoken word and hip hop to explore the experiences of young Ivorians during and after the violence that has gripped the nation since the turn of the century.

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