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Forum for International Criminal Justice Newsletter: October 2014

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Forum for International Criminal Justice Newsletter: October 2014 Forum for International Criminal Justice Newsletter: October 2014 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) October 2014 Newsletter which focuses on the prosecution of war crimes, crimes against humanity and genocide, including a roundup of video highlights, announcements and the major news developments from July. Please note that the items included in this publication do not automatically carry any endorsement from the IAP. Some domestic legal news covered in this Newsletter include: Swedish authorities arrested two Rwandan genocide suspects; Romania opened a communist-era crimes trial against a prison commander facing crimes against humanity charges; and Belgian authorities arrested a commander from Charles Taylor's rebel group for alleged war crimes committed in Liberia. *Please have a look at the FICJ forum page on the IAP website and feel free to contribute: the Forum provides individual prosecutors with a password protected space to post news, announcements, etc. and to pose questions to fellow prosecutors from around the world. Your contributions will also be posted in this monthly newsletter. Danya Chaikel – FICJ Coordinator | email: [email protected] Video Highlights Click here to watch an interview with Professor Click here to watch a lecture by Benjamin B. William Schabas who has been appointed to Ferencz, the last surviving Nuremberg war crimes Chair the United Nations Commission of Inquiry Prosecutor, speaking on ‘Illegal Armed Force as a Join the FICJ community: WWW.IAPof violations-ASSOCIATION.ORG/FICJ of international humanitarian/HOME law in Crime against Humanity’ on 2 September 2014 in 1 relation to military operations in the Gaza Strip The Hague Follow us on twitter: @iaprosecutors Announcements ICTR Appeals Chamber Delivers Judgements in Three Cases On 29 September 2014, the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) delivered its judgement in three cases: Édouard Karemera and Matthieu Ngirumpatse; Ildéphonse Nizeyimana; and Callixte Nzabonimana. This brings the total number of appeal judgements rendered by the Tribunal to 44, disposing of appeals concerning 55 persons. The remaining caseload of the ICTR Appeals Chamber before it permanently closes consists of one case which concerns six persons. Édouard Karemera and Matthieu Ngirumpatse On 21 December 2011, Trial Chamber III convicted Karemera and Ngirumpatse of direct and public incitement to commit genocide, genocide, extermination and rape as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and Additional Protocol II. The Trial Chamber sentenced Karemera and Ngirumpatse to life imprisonment. The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s convictions based on their role in the killings in Kigali by 12 April 1994, the killings following the Murambi Technical School meeting on 18 April 1994, the killings following President Theodore Sindikubwabo’s speech in Butare Prefecture on 19 April 1994, the killings resulting from the creation and implementation of the civil defence system, the killings in Bisesero, acts of direct and public incitement to commit genocide, and rape and sexual violence in various parts of Rwanda. The Appeals Chamber reversed certain findings of the Trial Chamber, which, however, did not result in the overturning of any of Karemera’s or Ngirumpatse’s convictions. The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s sentences of life imprisonment. Ildéphonse Nizeyimana On 19 June 2012, Trial Chamber III found Nizeyimana guilty of committing, through his participation in a joint criminal enterprise, the killing of the Ruhutinyanya family, the attack on the Cyahinda Parish, the killing of the former Queen of Rwanda, Rosalie Gicanda, and others taken from her home, the killing of Pierre Claver Karenzi, and the killing of those taken from the Matabaro and Nyirinkwaya households. It also found him responsible for ordering the killings of Remy Rwekaza and Beata Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 2 Follow us on twitter: @iaprosecutors Uwambaye, and the serious bodily and mental harm caused to Witness ZAV. The Trial Chamber entered convictions for genocide, extermination and murder as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II. Nizeyimana was sentenced to life imprisonment. The Appeals Chamber affirmed Nizeyimana’s convictions for genocide, murder as a crime against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the killings of the Ruhutinyanya family, Gicanda and the others taken from her home, and Rwekaza and Uwambaye, as well as for genocide in relation to the serious bodily and mental harm caused to Witness ZAV. The Appeals Chamber also affirmed Nizeyimana’s convictions for murder as a crime against humanity and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the killings of those taken from the Matabaro and Nyirinkwaya households. The Appeals Chamber dismissed the Prosecution’s appeal seeking additional convictions for crimes committed at Butare University Hospital and Butare University. The Appeals Chamber, Judge Güney and Judge Ramaroson dissenting, found that the Trial Chamber erred in concluding, as the only reasonable inference, that Nizeyimana planned the attack on Cyahinda Parish and authorized the participation of ESO soldiers therein. As a result, Nizeyimana’s convictions for genocide, extermination and murder as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the attack on Cyahinda Parish were reversed. The Appeals Chamber also found that the Trial Chamber erred in concluding, as the only reasonable inference, that Nizeyimana contributed to the killing of Karenzi, and reversed his convictions based on this event. In view of the reversal of these convictions, one of which involved the killing of thousands of displaced persons, the Appeals Chamber reduced Nizeyimana’s sentence to a term of 35 years of imprisonment. Callixte Nzabonimana On 31 May 2012, Trial Chamber III of the Tribunal found that Nzabonimana instigated genocide and extermination as a crime against humanity at the Cyayi centre on 14 April 1994 resulting in the killings of Tutsis at Nyabikenke commune office on 15 April 1994. Nzabonimana was also convicted of conspiracy to commit genocide based on two agreements to commit genocide in Gitarama préfecture. Further, the Trial Chamber found him guilty of direct and public incitement to commit genocide based on his speeches at the Butare trading centre on 12 April 1994, the Cyayi centre on 14 April 1994, and at the Murambi training centre on 18 April 1994. Nzabonimana was sentenced to a single term of life imprisonment. The Appeals Chamber affirmed Nzabonimana’s convictions for instigating genocide and extermination as a crime against humanity in relation to the events at the Cyayi centre on 14 April 1994 and at the Nyabikenke commune office on 15 April 1994. The Appeals Chamber also affirmed Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 3 Follow us on twitter: @iaprosecutors his convictions for direct and public incitement to commit genocide in relation to events at the Butare trading centre and the Cyayi centre, as well as his conviction for conspiracy to commit genocide in relation to the meeting in Murambi on 18 April 1994. However, the Appeals Chamber reversed Nzabonimana’s convictions for direct and public incitement to commit genocide in relation to the Murambi meeting on 18 April 1994, and for conspiracy to commit genocide in relation to the establishment of a Crisis Committee and weapons distribution at Tambwe commune. The Appeals Chamber affirmed Nzabonimana’s sentence of life imprisonment. Read more on the ICTR website Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a second investigation in the Central African Republic Today, (24 September 2014) I am announcing that I have made the decision to open a second investigation in the Central African Republic (CAR) with respect to crimes allegedly committed since 2012. I was clear from the outset in firm, unequivocal and consistent public statements that attacks against civilians would not be tolerated and the perpetrators of such crimes could face justice at the International Criminal Court (ICC). The law is clear in this regard and today's decision to proceed to the investigation phase is based on my legal obligations under the Court's founding treaty, the Rome Statute. In February this year, following escalating violence in CAR, I opened a new preliminary examination to assess whether or not I could proceed with an investigation into what was a dire situation in CAR. The transitional government of CAR decided to refer the situation to my Office on 30 May 2014 requesting that I investigate alleged crimes falling within ICC jurisdiction committed in the country since 1 August 2012. My Office has gathered and scrupulously analysed relevant information from multiple reliable sources. Based on this independent and comprehensive analysis, I have concluded that an investigation is warranted. The information available provides a reasonable basis to believe that both the Séléka and the anti-balaka groups
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