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War Crimes Prosecution Watch Case School of Law Logo WAR CRIMES PROSECUTION EDITOR IN CHIEF FREDERICK K. COX Rochelle Swan INTERNATIONAL LAW CENTER WATCH MANAGING EDITORS Michael P. Scharf and Nicole Cellone Brianne M. Draffin, Advisors Volume 5 - Issue 22 Elisabeth Herron January 31, 2011 SENIOR TECHNICAL EDITOR David O'Brien War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email [email protected] and type "subscribe" in the subject line. Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group. Contents INTERNATIONAL CRIMINAL COURT Central African Republic & Uganda All Africa: Uganda: On the Trail of the LRA Open Society Justice Initiative: Witness: Central African Rebels Did Not Harm Civilians All Africa: Witnesses Testify That Bemba's Fighters Raped Men, Women, and Children Open Society Justice Initiative: MLC Soldier Said Patasse Ordered Killings Darfur, Sudan Sudan Tribune: France Protests to the UN Over Transporting of Sudanese War Crimes Suspect Reuters Africa: Sudan Protecting Darfur Suspects: Justice Minister Reuters Africa: South Sudan Considers ICC Membership: Minister Democratic Republic of the Congo (ICC) ICC: New Suspect in the ICC’s Custody: Callixte Mbarushimana Arrives at the ICC Detention Centre ICC: Confirmation of Charges Hearing in the Case of The Prosecutor v. Callixte Mbarushimana Scheduled to Start on 4 July 2011 Kenya Capital News: Judge Puts Off ICC Process Again Capital News: ICC Judges Throw out Ruto Case Capital News: Ali Wants Inclusion in ICC Pre-Trial The Standard: ICC Asks Kenya to Help Seize Suspects' Property AFRICA International Criminal Tribunal for Rwanda Hirondelle News Agency: ICTR Defers Referral Applications for Two Rwandan Fugitives Hirondelle News Agency: Distinction Between Moderate and Extremist Hutus was Propaganda Hirondelle News Agency: ICTR Asks Rwanda Nine Questions in Referral Request Proceedings Hirondelle News Agency: Military Academy was Headquarters for Killers, Claims Witness Hirondelle News Agency: Survivor Claims Ndahimana was not Present During the Attack Hirondelle News Agency: Captain Nizeyimana Ordered Soldiers to Kill Tutsi Lady, Witness Claims Hirondelle News Agency: Appeal’s Judgment in Muvunyi’s Case to be Delivered in April Hirondelle News Agency: Callixte Mbarushimana Transferred to The Hague Special Court for Sierra Leone CharlesTaylorTrial.org: Judgment in the Charles Taylor Trial: Final Chance to Determine Responsibility for the January 1999 Attack on Freetown The Canadian Press: Sierra Leone War Crimes Court Refuses to Grant Charles Taylor More Time to Wrap Up Defence CharlesTaylorTrial.org: At Status Conference, Defense Lawyers Say They Will Not File Final Trial Brief Until Outstanding Matters Are Dealt With Reuters Africa: War Crimes Court Dismisses Taylor's Claims of Bias Over Cables EUROPE European Court of Human Rights Amnesty International: European Court Rules Croatia Failing Over War Crimes Court of Bosnia & Herzegovina, War Crimes Chamber State Court of BIH: Trial Verdict in Trbić Upheld State Court of BIH: Božidar Kuvelja Ordered into Custody State Court of BIH: Šefik Alić Sentenced to 10-year Imprisonment State Court of BIH: Vlatko Jarak Pleaded Not Guilty Balkan Investigative Reporting Network: Milko Mucibabic Dies Balkan Investigative Reporting Network: Predrag Kujundzic Sentenced to 17 Years In Prison International Criminal Tribunal for the Former Yugoslavia ICTY.org: ICTY Judges Hold Peer-To-Peer Meeting with Judges from Former Yugoslavia Croatian Times: ICTY Wants 240 Years in Jail for Six Bosnian Croats Institute for War and Peace Reporting: Bosnian Serb Command Structure "Crystal Clear" ICTY.org: ICTY Delivers New Set of Transcripts to Bosnia and Herzegovina, Croatia and Serbia Institute for War and Peace Reporting: Seselj to Mount Oral Challenge Institute for War and Peace Reporting: Bosnian Serb Political and Military Ties Probed Domestic Prosecutions In The Former Yugoslavia The Associated Press: UN, Balkan Prosecutors Meet to Share Experience in Prosecuting War Crimes Canadian Press: Serbia Sentences 9 Ex-Kosovo Rebels for War Crimes Against Serbs in 1999 B92: Serbia Wants Indicted Croat Extradited SETimes.com: Kosovo Municipality to Sue Serbia for War Crimes Croatian Times: Serbian Documents Show No Basis for Purda´s Trial MIDDLE EAST AND ASIA Extraordinary Chambers in the Courts of Cambodia VOA Khmer: US War Crimes Ambassador Wants Cases Pursued The Phnom Penh Post: KRT Lawyers Call for Defendants' Release The Phnom Penh Post: Ieng Sary Wants Shorter Days in Court Extraordinary Chambers in the Courts of Cambodia: Trial Chamber to Conduct One Joint Hearing On 31 Jan 2011 Special Tribunal for Lebanon UPI: Confidential Hariri Indictment Released CNN: Tribunal Prosecutor: Indictment 'Important Moment' for Lebanon YaLibnan: STL Indictment is Confidential, Says Pre-trial Judge Naharnet: STL Sets Feb 7 Date for Public Hearing on Legal Questions Raised by Indictment Naharnet: STL Registrar Says Accused Names May Be Made Public in '6 to 10 Weeks' NORTH AND SOUTH AMERICA United States Associated Press: Supreme Court Rejects Yemeni Detainee's Appeal New York Times: U.S. Prepares to Lift Ban on Guantánamo Cases Associated Press: Guantanamo Detainee's Bid to Toss Verdict Rejected CNN: Documents Raise Questions on Treatment of Detainees New York Times: Ex-Detainee Gets Life Sentence in Embassy Blasts TOPICS Terrorism The New York Times: U.S. Prepares to Lift Ban on Guantánamo Cases Telegraph Co UK: Daniel Pearl was Beheaded by 9/11 Mastermind The Washington Times: Civilian Court Metes out Life Sentence to Terrorist Canadian Press: Attorneys Argue Charlotte Man Serving 155-year Sentence did not Send Money for Terrorists The New York Times: Britain Proposes Easing Controls on Terrorism Suspects to Calm Rights Concerns Piracy Associated Press: Malaysia, SKorea Seek to Charge 12 Somali Pirates The Star Online: Under What Malaysian Law Will Somali Pirates be Prosecuted? The China Daily: Preventing Somali Piracy Needs Economic Opportunities, State Actors: Germany Israel News: Special Courts Needed to Prosecute Pirates, Says UN Advisor Universal Jurisdiction The New Times: Rwanda: Wikileakes Did Not Affect Government’s Standing – Kagame REPORTS UN Reports Reuters: U.N. Sending Human Rights Team to Tunisia: Pillay TRUTH AND RECONCILIATION COMMISSIONS General Canada Winnipeg Free Press : Schools Plan Bid for Commission's Research Centre Kelowna Capital News: UBC Professor Joins Truth and Reconciliation Commission Kenya Capital News : TJRC to Release Public Hearings Schedule Capital News : Nubians Petition TJRC Over Injustices The Standard: TJRC Promises Justice to Victims of Nyayo House Torture KBC News: TJRC to Hold Hearings in North Eastern Kenya COMMENTARY AND PERSPECTIVES The East African: Kenya Can Bring Justice Home; ICC’s Part of the Answer Worth Reading Worth Reading International Criminal Law Review: Giving Priority to Sex Crime Prosecutions at International Courts: The Philosophical Foundations of a Feminist Agenda Research Handbook on International Criminal Law: Crimes Against Humanity INTERNATIONAL CRIMINAL COURT Central African Republic & Uganda Official Website of the International Criminal Court ICC Public Documents - Cases: Central African Republic ICC Public Documents - Situation in Uganda Uganda: On the Trail of the LRA All Africa January 12, 2011 U.S. President Barack Obama's policy document on the Lord's Resistance Army presented a blunt critique of the efforts to tackle the Ugandan rebel group, but some argue it contained little practical help to those trying to apprehend the group's leaders. "This is a conflict that everyone says they want to end, but nobody seems able to," Chris Dolan, author of Social Torture: the case of northern Uganda, said recently in Kampala. In November, Obama offered a fresh plan to defeat the LRA, which was formed in northern Uganda in the late 1980s but has since spread to Southern Sudan, the Democratic Republic of Congo (DRC) and Central African Republic (CAR). Obama's plan noted the importance of protecting civilians still vulnerable to LRA attacks. For many, the most contentious plank of his proposal was the call to "apprehend or remove from the battlefield [LRA chief] Joseph Kony and his senior commanders", three of the world's most elusive war criminals, all wanted by the International Criminal Court. Obama's policy document notably avoided any mention of reviving peace talks with Kony, an omission that irked some, but was consistent with the emerging consensus that Kony has no intention of signing a deal. Some of the Ugandan troops trawling the central African forest for the LRA agreed that Kony must be stopped militarily, not through dialogue, but apprehending him remains difficult. "You can be following a group of three or four LRA, who you think are wearing shoes. Then, they remove their shoes and walk for some kilometres," said Ugandan Colonel Stefano Mugerwa, overall commander for the LRA hunt in DRC. "Meanwhile, they have separated and agreed to meet at some other place," he added, describing the challenges of tracking a highly nimble enemy across a vast area. Mugerwa, speaking at a military outpost in
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