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

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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

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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 ICC website

Report: Ethnic cleansing on a historic scale The Islamic State’s systematic targeting of minorities in northern Iraq Amnesty International (AI) has accused the extremist group, Islamic State (IS) of carrying out ethnic cleansing "on a historic scale" in Northern Iraq. The report, entitled "Ethnic cleansing on a historic scale: the Islamic State's systematic targeting of minorities in northern Iraq," asserts that since June, the group has abducted or killed possibly thousands of ethnic and religious minorities in its effort to convert them to the Islamic faith. In addition to causing hundreds of thousands to flee their homes, hundreds of Yazidi men from the Sinjar region of Iraq who resisted an IS advance were captured and shot dead while the woman and children from the area were abducted. The report concludes that IS is "systematically and deliberately carrying out a program of ethnic cleansing in the areas under its control" and appeals to the Iraqi government and the international community to respond quickly with humanitarian assistance.

Click here to read the full Amnesty International report

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EU mission to hunt top Kosovo leaders over war News September 2014 crimes allegations (dtt-net) Click on the hyperlinked headlines to see the The European Union foreign ministers today full articles of international criminal justice news authorized EU’s rule of law mission in Kosovo from September 2014 (EULEX) to be involved in prosecuting top Kosovo Albanian suspects over war crimes, including 30 September current top leaders and politicians, over alleged ICC directs President Uhuru Kenyatta to appear in human organ harvesting, as the bloc is about to set person at status conference up its special court in The Hague Netherlands as of (Standard Digital) next year… ICC has directed President Uhuru Kenyatta to be present in person at the status conference on 8 28 September October 2014. The decision rules out President INSIGHT-Rwanda court's forgotten men pose Uhuru's request through his lawyers to attend the challenge to international justice conference by means of video-link pursuant to (Reuters Opinion) Rule 134…ICC Chief Prosecutor Fatou Bensouda Those acquitted of Rwandan crimes in years-long however observed that no clear reasons for limbo… Justin Mugenzi was legally cleared of any attendance by video link had been given, other role in Rwanda's 1994 genocide. But an oversight than Uhuru’s status and the distance he would in the international justice system means he have to travel… remains a virtual prisoner in a United Nations safe house in the eastern African state of Tanzania… 29 Septmeber Prosecutors Launch Karadzic Closing Arguments 24 September (ICTY) Two Rwandan Genocide Suspects Arrested in (Wall Street Journal) Sweden Prosecutors called former Bosnian Serb political (allAfrica) leader Radovan Karadzic a liar in closing remarks at Two men of Rwandan origin have been arrested in his genocide trial, saying his denials of Sweden on suspicion of involvement in the 1994 responsibility for atrocities committed on a genocide... One man has obtained Swedish massive scale while he was in charge lack any nationality, while the other is residing legally in the credibility. Prosecutor Alan Tieger said Mr. country, AFP reported, but did not give their Karadzic, 69, should be imprisoned for life if found identity. In June, a Swedish appeals court guilty… confirmed the country's first ever genocide conviction against a naturalized Swede of Rwandan ICC opens pre-trial for Ivorian accused of crimes origin…Several Rwandans have been convicted in against humanity Belgium, Canada, Finland and Norway for (Jurist) participating in the genocide… The confirmation of charges hearing against Charles Ble Goude opened Monday before Pre- 23 September Trial Chamber I of the International Criminal Court Nepal war-time rape victims suffer in fear, need (ICC) [official website]. Ble Goude, a youth leader justice: HRW loyal to Ivory Coast's former president Laurent (Reuters) Gbagbo [BBC profile], is accused of crimes against Eight years after Nepal's civil war ended, hundreds humanity, including "murder, rape and other forms of victims of war-time rape still live in fear with no of sexual violence, persecution, and other inhuman access to justice, Human Rights Watch (HRW) said acts" stemming from post-electoral violence in the on Tuesday. Nepal, wedged between China and Ivory Coast between December 2010 and April India, is recovering from the decade-long conflict 2011… between Maoist rebels and government forces in

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which more than 18,000 people were killed, (BBC) thousands wounded and hundreds went missing. Rights groups have welcomed the arrest in Belgium Human rights activists say both security forces and of a female commander of Charles Taylor's rebel rebels committed crimes against civilians such as group for war crimes allegedly committed during abduction, rape, torture and murder during the Liberia's civil war…Civitas Maxima, a Geneva-based conflict… legal advocacy organisation which helped bring the case against Ms Johnson, said since the end of 22 September Liberia's civil war in 2003, no effort has been made Romania to open communist-era crimes trial by the authorities to investigate and prosecute (Aljazeera) crimes committed during Liberia's conflict… Alexandru Visinescu, 88, due to go on trial for crimes against humanity allegedly committed more Oral Hearing for Ngudjolo Appeal Set for October than 50 years ago. A trial that some have dubbed (Open Society Justice Initiative) the "Romanian Nuremberg" is set to open in The Appeals Chamber of the International Criminal Bucharest, with the head of a brutal communist- Court has set a date for an oral hearing in the era labour camp, known as the "prison of silence", Mathieu Ngudjolo Chui case. Trial Chamber II charged with crimes against humanity. Alexandru acquitted Ngudjolo on December 18, 2012 of Visinescu, 88, will face the court on Wednesday, charges of war crimes and crimes against accused of running an "extermination regime" at humanity. The prosecution has appealed, and oral the notorious Ramnicu Sarat prison in the east of arguments will be held before the Appeals the country, which he headed from 1956 to 1963… Chamber on October 21, 2014…

Tribunal Announces Date To Begin Next Trial 18 September (Cambodia) Second Former Prosecution Witness Declared (VOA) Hostile Hearings for two Khmer Rouge leaders facing (Open Society Justice Initiative) atrocity crimes at the UN-backed tribunal will start Witness 495 has become the second prosecution Oct. 17, the court has announced…They are now witness to be declared hostile in the trial at the facing a wider raft of crimes—for Khmer Rouge International Criminal Court (ICC) of Deputy crimes at detention centers and work camps, for President William Samoei Ruto and former policies including forced marriage, and for the journalist Joshua arap Sang. Trial Chamber V (a) alleged genocide of Cham Muslims and ethnic made the decision on Thursday after trial lawyer Vietnamese… Lucio Garcia asked the three judges to consider declaring the witness hostile… Defending Victims' Interests at International Court Human Rights groups call for speedy justice in (IWPR) Central African Republic Concern at trend towards assigning lawyers to (Hirondelle) represent victims rather than letting them choose …On August 8 this year, the UN and the Central their own…Now there are fears that they [victims] African government also signed a memorandum of are being sidelined from the judicial process. understanding to create a Special Criminal Court Lawyers who have represented victims at the ICC (CCS) with Central African and international judges. warn that their special role is being eroded, with a But the court can only be set up after the country’s series of decisions in which the job of protecting transitional parliament (CNT) passes a specific their interests has been assigned to ICC in-house law…The CAR has been in a grave crisis since lawyers rather than counsel of their own choice… Seleka rebels seized power in 2013 in a campaign marked by widespread killing, looting and 19 Septmeber destruction. In mid-2013, groups of so-called “anti- Liberian female rebel Martina Johnson held for balaka” organized to fight the Seleka and also war crimes committed atrocities…

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North Africa, the International Centre for Auschwitz guard charged with being accessory to supporting Rights and Freedoms (ICSRF) has called 300,000 murders for Arab states to join the ICC during the 27th (Guardian) session of the UN Human Rights Council. Only four Prosecutors in Germany have charged a 93-year- of the Arab League’s 21 members (Syria’s old man with 300,000 counts of accessory to membership has been suspended) have ratified murder for serving as an SS guard at the Nazis’ the ICC Rome Statute, leaving Arab states Auschwitz death camp… underrepresented at the Court…

12 September Amnesty says evidence both sides committed war Takeo ‘Cooperative’ Will Be Starting Point for crimes in Ukraine Impending Khmer Rouge Trial (Reuters) (VOA) Amnesty International said on Wednesday it had The Trial Chamber of the Khmer Rouge tribunal documented evidence of war crimes by both sides says it will begin a case against former regime in the conflict between Ukrainian forces and pro- leaders Nuon Chea and Khieu Samphan by focusing Russian separatists in eastern Ukraine. The human on crimes committed at a work cooperative in rights group's secretary general, Salil Shetty, told a Takeo province. The announcement from the court news conference in Moscow that some separatists, moves it a step closer to the second phase of the backed by Russian troops, and Ukraine's Aidar trial against the two men, in the court’s most battalion had committed human rights abuses in prominent trial to date… the five-month-old conflict.

11 September 7 September ICC converts Darfur rebel figure’s court summons Controversy as Africa elects Senegalese to head to arrest warrant ICC’s political arm (Sudan Tribune) (Standard Digital) The judges at the International Criminal Court (ICC) Deadlock over who between a Senegalese, decided on Thursday to issue an arrest warrant for Botswana and Siera Leone nationals should head a a Darfur rebel commander after asserting that top ICC organ was broken in a controversial vote there are no guarantees that he will be able to taken in New York last week. Senegalese Justice appear voluntarily for his trial set for next minister Sidiki Kaba was elected after three rounds November…. of voting in an election boycotted by South African countries who are members to the ICC‘s Rome 10 September Statute led by Botswana… Tribunal Official Faces Emotional Khmer Rouge Victims in California 8 September (VOA) Amid multiple crises, ‘responsibility to protect’ The international prosecutor for the UN-backed more urgent than ever – UN officials Khmer Rouge tribunal faced an emotional crowd of (UN News Centre) Cambodians in Long Beach, California, last week, as Today’s crises, from the horrors in Iraq and Syria to he sought to update them on the court’s progress. the persistent violence in South Sudan and The prosecutor, Nicholas Koumjian, had agreed to Ukraine, demand urgent and collective action to meet with the survivors of the Khmer Rouge to stem atrocity crimes and protect civilians, United explain the tribunal’s proceedings and to hear their Nations officials said today, as the General concerns with the court’s process… Assembly met to discuss the ‘responsibility to protect’ adopted nearly 10 years ago by world Calls for Arab states to join the ICC emerge from leaders… Human Rights Council (CICC) As human rights worsen in the Middle East and

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5 September French MP continues struggle for criminalization Kenyatta case not ready for October trial says of Genocide denial prosecutor (PanARMENIAN.Net) (CICC) French MP Valerie Boyer introduced a new bill on The ICC prosecutor has asked judges to postpone criminalization of denial of genocides and crimes the 7 October start date of the trial Uhuru against humanity in the 20th century, Nouvelles Kenyatta until the Kenyan government fulfills d'Arménie reported. “With the centenary of the requests to cooperate with the case. Last week, Armenian Genocide ahead of us, France has no judges ordered the prosecution to confirm laws to punish denial of genocides and crimes whether it anticipated being in a position to begin against humanity, with the exception of the the trial. In a filing to the Court today, Prosecutor Holocaust. Though officially recognizing both Fatou Bensouda said that she has yet to receive genocides, only the denial of Holocaust was made from the government records belonging to the punishable by Paris,” the parliamentarian stressed, Kenyan president that she believes are crucial to urging to rectify the situation… the case… 3 September 4 September Statement of the Prosecutor of the International Bosnia Arrests Two Srebrenica Genocide Suspects Criminal Court, Fatou Bensouda: 'The Public (Balkan Insight) Deserves to know the Truth about the ICC’s Police arrested Josipovic and Tesic on Thursday in Jurisdiction over Palestine' the Bratunac region of north-eastern Bosnia on (ICC website) suspicion of ordering, organising and overseeing Recent media reports and commentaries have the forced transfer of Bosniak civilians from erroneously suggested that the ICC has persistently Potocari near Srebrenica and the detention of avoided opening an investigation into alleged war several thousand imprisoned men and boys in crimes in Gaza due to political pressure. As Bratunac on July 13, 1995. The prisoners were Prosecutor of the ICC, I reject this baseless abused and around 100 were killed, according to allegation in the strongest terms. It is devoid of any the Bosnian prosecution… merit…

IHL Dialogs: Prosecutors’ International Criminal 1 September Law Round-Up Teslic war crimes: Bosnian Serbs detained (IntLawGrrls) (BBC) I had the pleasure of attending the 2014 IHL Thirteen former Bosnian Serb police and soldiers Dialogs last week in lovely Chautauqua, NY. The have been arrested by police on suspicion of event—co-hosted by IntLawGrrls, the Robert J. carrying out killings of Bosnian Croats and Bosniaks Jackson Center, the American Bar Association, and (Muslims) in 1992…The men were detained in two the American Society of International Law (among northern towns after the cases were handed over others)—is an annual gathering of international to Bosnian authorities by the war crimes tribunal criminal law professionals, government officials, at The Hague… and academics in a relaxed setting to take stock of the field, evaluate recent developments, and think about how the international justice system will and should develop in the future…

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