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Media Monitoring Report United Nations Mission in Sudan/ Public Information Office
18 May 2009 Media Monitoring Report www.unmis.org United Nations Mission in Sudan/ Public Information Office Headlines • Sudanese Ambassador reiterates rejection of the ICC (dailies/ST/AP) • Defence Minister fails to appear before Parliament (Al-Rai Al-Aam) • Foreign Minister meets SG Ban Ki-moon (Al-Raed) • NCP, SPLM MPs to meet on Press Act (Al-Rai Al-Aam) • “Sudanese state unjust” – Pagan Amum (Al-Rai Al-Aam) • SPLM responds to criticism from Eritrean President (Al-Watan) • NCP official slams SPLM’s Pagan on recent statement (Al-Ahdath) • Mediation between Khartoum and N’djamena difficult – MFA (Al-Wifaq) • Arab League, OIC and AU to meet in Khartoum (dailies) • Rebels say they take North Darfur town (AFP) • Chad completes military operations inside Sudan – official (ST) NOTE: Reproduction here does not mean that the UNMIS PIO can vouch for the accuracy or veracity of the contents, nor does this report reflect the views of the United Nations Mission in Sudan. Furthermore, international copyright exists on some materials and this summary should not be disseminated beyond the intended list of recipients. Address: UNMIS Headquarters, P.O. Box 69, Ibeid Khatim St, Khartoum 11111, SUDAN Phone: (+249-1) 8708 6000 - Fax: (+249-1) 8708 6200 Highlights Highlights Sudanese Ambassador reiterates rejection of the ICC Commenting on reports of a Sudanese rebel leader who would appear before the ICC today to listen to charges of war crimes, the Sudanese Ambassador to UN Abdul Mahmoud Abdul Haleem said, “We reject the trial or appearance of any Sudanese national before the Court” Al- Rai Al-Aam reports. -
English No.: ICC-01/09 Date: 15 December 2010 PRE-TRIAL CHAMBER II Before
ICC-01/09-31-Red 15-12-2010 1/80 RH PT Original: English No.: ICC‐01/09 Date: 15 December 2010 PRE‐TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans‐Peter Kaul Judge Cuno Tarfusser SITUATION IN THE REPUBLIC OF KENYA Public Redacted Version of document ICC‐01/09‐31‐Conf‐Exp Prosecutor’s Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali Source: Office of the Prosecutor No. ICC‐ 01/09 1/80 15 December 2010 ICC-01/09-31-Red 15-12-2010 2/80 RH PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Luis Moreno‐Ocampo Fatou Bensouda Adesola Adeboyejo Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Defence Support Section Ms Silvana Arbia Deputy Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC‐ 01/09 2/80 15 December 2010 ICC-01/09-31-Red 15-12-2010 3/80 RH PT TABLE OF CONTENTS A. SUMMARY OF THE CASE.......................................................................................... 4 B. RELIEF SOUGHT .......................................................................................................... 6 ............................................................................................. -
English No.: ICC-01/09-02/11 Date: 19 September 2011 PRE-TRIAL CHAMBER II Before
ICC-01/09-02/11-338 19-09-2011 1/31 CB PT Original: English No .: ICC-01/09-02/11 Date: 19 September 2011 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul, Judge Judge Cuno Tarfusser, Judge SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA, UHURU MUIGAI KENYATTA AND MOHAMMED HUSSEIN ALI Public Defence Challenge to Jurisdiction, Admissibility and Prosecution’s Failure to Meet the Requirements of Article 54 Source: Defence for General Mohammed Hussein Ali No. ICC-01/09-02/11 1/31 19 September 2011 ICC-01/09-02/11-338 19-09-2011 2/31 CB PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr. Luis Moreno-Ocampo, Prosecutor Counsel for Francis Kirimi Muthaura: Ms. Fatou Bensouda, Deputy Prosecutor Karim A.A. Khan QC and Kennedy Ogetto Counsel for Uhuru Muigai Kenyatta: Steven Kay QC and Gillian Higgins Counsel for Mohammed Hussein Ali: Evans Monari, Gershom Otachi, Gregory Kehoe and John Philpot Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Ms. Silvana Arbia, Registrar Deputy Registrar Mr. Didier Daniel Preira, Deputy Registrar Detention Section Victims and Witnesses Unit Victims Participation and Reparations Other Section No. ICC-01/09-02/11 2/31 19 September 2011 ICC-01/09-02/11-338 19-09-2011 3/31 CB PT A. -
Accountability for Sexual and Gender-Based Crimes at the ICC: an Analysis of Prosecutor Bensouda’S Legacy
ACCOUNTABILITY FOR SEXUAL AND GENDER-BASED CRIMES AT THE ICC: AN ANALYSIS OF PROSECUTOR BENSOUDA’s LEGACY June 2021 / N° 772a Cover picture : ICC Prosecutor Fatou Bensouda and representatives of her Office at a hearing in an ICC Courtroom, 2 September 2015 © ICC-CPI Table of Contents Preface ...................................................................................................................................................4 I. Introduction ........................................................................................................................................5 II. Prosecutor Bensouda’s Strategy to Address Sexual and Gender-Based Crimes ...........................6 III. The SGBC Policy in Practice – Progress and Setbacks .................................................................8 3.1. Preliminary Examinations and Investigations .................................................................................... 8 a) Preliminary Examinations ................................................................................................................... 9 b) Investigations ......................................................................................................................................... 9 3.2. Charges for Sexual and Gender-Based Crimes .................................................................................. 9 3.3. Progress - Recent Achievements in Cases .......................................................................................... 11 3.4. Setbacks - Establishing -
Decision on the Prosecutor's Application for Summonses to Appear for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali
ICC-01/09-02/11-01 08-03-2011 1/25 EO PT Cour Pénale Internationale International Criminal Court Original: English No.: ICC-01/09-02/11 Date: 8 March 2011 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova. Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR V. FRANCIS KIRIMIMUTHAURA, UHURU MUIGAIKENYATTA AND MOHAMMED HUSSEIN ALI Public Document Decision on the Prosecutor's Application for Summonses to Appear for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali No. ICC-01/09-02/11 1/25 8 March 2011 ICC-01/09-02/11-01 08-03-2011 2/25 EO PT Decision to be notified, in accordance with regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Counsel for the Defence Luis Moreno-Ocampo, Prosecutor Fatou Bensouda, Deputy Prosecutor Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States Representatives Amicus Curiae REGISTRY Registrar & Deputy Registrar Defence Support Section Silvana Arbia, Registrar Didier Preira, Deputy-Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-01/09-02/11 2/25 8 March 2011 ICC-01/09-02/11-01 08-03-2011 3/25 EO PT PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court") renders this decision on the "Prosecutor's Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali" (the "Application").! 1. -
The International Criminal Court and the Indictment of President Omar Al-Bashir Implications for Sudan and Africa
BRIEFING NO 10 FEBRUARY 2010 BRIEFINGG NR 2 APRIL 2008 The International Criminal Court and the Indictment of President Omar al-Bashir Implications for Sudan and Africa Korwa Gombe Adar This policy brief provides a synopsis of the Darfur crisis; analyses the implications of the indict- ment of Sudanese President Omar Hassan Ahmad al-Bashir on peace, security and stability in Sudan, and Darfur in particular; and addresses the impact of the indictment of Bashir on Africa’s continental and regional interests. It concludes by offering broad-based recommenda- tions on the future role of the International Criminal Court (ICC). Introduction its work in and out of Sudan between 5 February and 15 March 2007.1 Pursuant to the directive of the United Nations The HLM was preceded by a UNSC Commission Security Council (UNSC) resolution 1593 (2005) of Inquiry led by Antonio Cassese to investigate and the UN General Assembly (UNGA) resolu- reports of crimes against humanity committed by tion 60/251 of March 2006, which established the belligerent parties in Darfur. The Commission the Human Rights Council (HRC), a High-Level of Inquiry, or the Cassese Commission as it is Mission (HLM) was dispatched to Sudan to car- also known, concluded in the report that “the ryout investigations on the situation in Darfur. Government of Sudan and the Janjaweed are re- Paragraph 1 of resolution 1593 explicitly pro- sponsible for serious violations of international vided that the UNSC should “refer the situation in human rights and humanitarian law.” 2 The report Darfur since 1 July 2002 to the Prosecutor of the of the HLM was presented by the ICC Prosecutor, International Criminal Court” for investigation. -
Evaluating the International Criminal Court: a Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo Mirisa Hasfaria University of Arkansas
University of Arkansas, Fayetteville ScholarWorks@UARK Theses and Dissertations 12-2011 Evaluating the International Criminal Court: A Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo Mirisa Hasfaria University of Arkansas Follow this and additional works at: http://scholarworks.uark.edu/etd Part of the International Relations Commons Recommended Citation Hasfaria, Mirisa, "Evaluating the International Criminal Court: A Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo" (2011). Theses and Dissertations. 234. http://scholarworks.uark.edu/etd/234 This Thesis is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. EVALUATING THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS OF DARFUR, SUDAN, AND THE DEMOCRATIC REPUBLIC OF THE CONGO EVALUATING THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS OF DARFUR, SUDAN, AND THE DEMOCRATIC REPUBLIC OF THE CONGO A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in Political Science By Mirisa Hasfaria Universitas Muhammadiyah Yogyakarta Sarjana Ilmu Politik, 2006 December 2011 University of Arkansas ABSTRACT This thesis examines the effectiveness of the International Criminal Court (ICC) in holding individuals accountable for grave breaches of crimes against peace, war crimes, crimes against humanity, and genocide. I argue that if we measure effectiveness in terms of the ability to set agenda and to publicize, the ICC accomplishes much. My thesis to shows that, as a key part of the international agenda on human rights compliance, the ICC derives its effectiveness from the various naming and shaming campaigns by national governments and non-governmental actors (NGOs). -
ICC Weekly Update, 12 April 2010
ICC Weekly Update ICC Weekly ICC-PIDS-WU-29/10_Eng Situation in the Democratic Republic of the Congo In this situation, three cases are being heard before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; and The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. The accused Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui are currently in the custody of the ICC. The suspect Bosco Ntaganda remains at large. The trial in the case The Prosecutor v. Thomas Lubanga Dyilo started on 26 January, 2009. The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November, 2009. Decisions taken between 6 - 9 April, 2010 Katanga and Ngudjolo Chui Case Enregistrement au dossier du rapport de l'expert en langue ngiti concernant l'audience du 4 mars 2010 12 April 2010 #29 Submitted by the Registrar on 6 April, 2010 Situation in Darfur, Sudan In the situation in Darfur, Sudan, three cases are being heard: The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir; and The Prosecutor v. Bahar Idriss Abu Garda. Three warrants of arrest have been issued by Pre-Trial Chamber I for Harun, Kushayb and Al Bashir for crimes against humanity and war crimes. The three suspects remain at large. A summons to appear was issued for Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. Abu Garda is not in the custody of the ICC. -
Original Paper Jurisdictions of the Hague Court
World Journal of Social Science Research ISSN 2375-9747 (Print) ISSN 2332-5534 (Online) Vol. 7, No. 1, 2020 www.scholink.org/ojs/index.php/wjssr Original Paper Jurisdictions of the Hague Court Professor Bishnu Pathak1 1 A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal * Bishnu Pathak, A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal Received: January 22, 2020 Accepted: February 7, 2020 Online Published: February 25, 2020 doi:10.22158/wjssr.v7n1p17 URL: http://dx.doi.org/10.22158/wjssr.v7n1p17 Abstract The objectives of the paper are threefold: a) to find out the axiomatic truths, investigating crimes committed in the past; b) to examine the steps of the trial to the perpetrators for acco untability and to deliver justice to the victims without prejudice at present; and c) to foster peace, human security and harmony for not repeating crimes in future. This state-of-the-art paper is prepared based on archival literature review, exchanging and sharing, Rome Statute defined functions and a practical observation approach rather than theoretical conception. The Hague Court gathers and scrutinizes testimonies, questioning victims and witnesses and analyzes the shreds of evidence of a suspect’s inn ocent or guilty. The examination and investigation guided by Rome Statute jurisdiction shall initiate on five criteria: (i) State Party, (ii) Declaration of Acceptance, (iii) Situation Referring by the UNSC, (iv) Transnational Crimes and (v) Petition by Victim/Representative. As of December 2019, 123 countries have become the Member States to the Rome Statute, but China, Iraq, Israel, Libya, Qatar, USA and Yemen voted against the treaty. -
The ICC Trial of Kenya's Deputy President
The ICC Trial of Kenya’s Deputy President Questions and Answers September 2013 1. What is the case against Ruto and Sang about? What crimes are they charged with? William Ruto and Joshua arap Sang are charged with the crimes against humanity of murder, forcible transfer of population or deportation, and persecution, stemming from their alleged involvement in an attack on perceived supporters of former President Mwai Kibaki’s Party of National Unity (PNU). According to the International Criminal Court (ICC) prosecution, perpetrators destroyed houses and businesses identified as belonging to members of Kikuyu, Kamba, and Kisii ethnic groups thought to be PNU supporters, killing over two hundred people and injuring over a thousand more and forcing hundreds of thousands to flee. Five specific incidents occurring between late December 2007 and mid-January 2008 in Kenya’s Rift Valley form the basis for the charges. The prosecutor contends that Ruto along with others, and supported by Sang, worked for up to a year before the election to create a network to carry out the plan, and that this network was activated when the election results in favor of Kibaki were announced. The goals of the plan, the prosecutor alleges, were to punish and expel from the Rift Valley people perceived to support the PNU, and to gain power in the province. Ruto at the time was a member of parliament and a senior member of the Orange Democratic Movement (ODM), the party of Kibaki’s principal challenger, Raila Odinga. Sang was a radio host on the Eldoret-based Kass FM. -
English No. ICC-01/13 Date: 16 September 2020 PRE-TRIAL CHAMBER I Before
ICC-01/13-111 16-09-2020 1/51 EC PT Original: English No. ICC-01/13 Date: 16 September 2020 PRE-TRIAL CHAMBER I Before: Judge Péter Kovács, Presiding Judge Judge Marc Perrin de Brichambaut Judge Reine Adélaïde Sophie Alapini-Gansou SITUATION ON THE REGISTERED VESSELS OF THE UNION OF THE COMOROS, THE HELLENIC REPUBLIC AND THE KINGDOM OF CAMBODIA Public Decision on the ‘Application for Judicial Review by the Government of the Comoros’ No: ICC-01/13 1/51 16 September 2020 ICC-01/13-111 16-09-2020 2/51 EC PT Decision to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Fatou Bensouda, Prosecutor James Stewart, Deputy Prosecutor Legal Representatives of Victims Legal Representatives of Applicants Rodney Dixon Haydee Dijkstal Unrepresented Victims Unrepresented Applicants for Participation/Reparations The Office of Public Counsel for Victims The Office of Public Counsel for the Paolina Massidda Defence Anne Grabowski States Representatives Amicus Curiae Rodney Dixon Haydee Dijkstal REGISTRY Registrar Counsel Support Section Peter Lewis Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No: ICC-01/13 2/51 16 September 2020 ICC-01/13-111 16-09-2020 3/51 EC PT I. Procedural history ............................................................................................... 4 II. Scope of the present proceedings ........................................................................ 6 III. Applicable law ................................................................................................... 7 A. Scope of article 53(1) of the Statute ................................................................ 7 B. ‘Reasonable basis to believe’ standard ............................................................ 8 C. Gravity requirement ......................................................................................... 9 D. Scope of the Chamber’s powers under article 53(3)(a) of the Statute .......... -
Non-Compliance and the Law and Politics of State Cooperation: Lessons from the Al Bashir and Kenyatta Cases
Non-Compliance and the Law and Politics of State Cooperation: Lessons from the Al Bashir and Kenyatta Cases Lorraine Smith-van Lin 1 Introduction In December 2014, the case against Kenyan President Uhuru Kenyatta before the icc collapsed.1 Describing it as a ‘dark day for international criminal jus- tice’, icc Prosecutor Fatou Bensouda conceded that it was no longer possible for her to fully investigate and prosecute the crimes charged in the case and she withdrew the charges.2 One key reason cited by the Prosecutor was the failure by the Kenyan Government to cooperate and respond to otp requests for President Kenyatta’s financial records and other potentially evidentiary material.3 Professor and human rights scholar Michael Ignatieff described the Prosecutor’s decision as a ‘clear retreat in the fight against impunity, at least as it relates to heads of State’.4 The decision to withdraw came after 1 Charges against Kenyatta were withdrawn by the Prosecution on 5 December 2014. See icc, Prosecutor v Uhuru Muigai Kenyatta Notice of withdrawal of the charges against Uhuru Muigai Kenyatta, ICC-01/09-02/11-983 (5 December 2014). The Trial Chamber formally termi- nated the proceedings against the defendant and formally discharged him from the sum- mons to appear. See icc, Prosecutor v Uhuru Muigai Kenyatta Decision on the withdrawal of charges against Mr. Kenyatta, ICC-01/09-02/11-1005 (13 March 2015). 2 See ibid icc, Prosecutor v Uhuru Muigai Kenyatta Notice of withdrawal of the charges against Uhuru Muigai Kenyatta (2014). See also icc-otp, ‘Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the withdrawal of charges against Mr.