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The Victims' Court?
2015 THE VICTIMS’ COURT? A Study of 622 Victim Participants at the International Criminal Court UGANDA DEMOCRATIC REPUBLIC OF CONGO KENYA CÔTE D’IVOIRE THE VICTIMS’ COURT? A Study of 622 Victim Participants at the International Criminal Court UGANDA DEMOCRATIC REPUBLIC OF CONGO KENYA CÔTE D’IVOIRE 2015 e Human Rights Center at the University of California, Berkeley, School of Law conducts research on war crimes and other serious violations of international humanitarian law and human rights. Using evidence- based methods and innovative technologies, we support eorts to hold perpetrators accountable and to protect vulnerable populations. We also train students and advocates to document human rights violations and turn this information into eective action. HUMAN RIGHTS CENTER University of California, Berkeley, School of Law Telegraph Avenue, Ste. , Berkeley, CA – Telephone: .. | Email: [email protected] Web: hrc.berkeley.edu | @HRCBerkeley Cover art: Stephen Smith Cody Design and graphics: Nicole Hayward CONTENTS ACRONYMS / v EXECUTIVE SUMMARY / 1 INTRODUCTION / 7 THE STUDY / 9 VICTIM PARTICIPATION AND PROCEDURAL JUSTICE / 12 VICTIM PARTICIPATION IN CRIMINAL TRIALS / 16 VICTIM PARTICIPATION AT THE INTERNATIONAL CRIMINAL COURT / 18 THE VICTIM PARTICIPATION PROCESS / 20 MODELS OF VICTIM PARTICIPATION / 26 UGANDA / 29 DEMOCRATIC REPUBLIC OF CONGO / 38 KENYA / 47 CÔTE D’IVOIRE / 60 CONCLUSIONS AND RECOMMENDATIONS / 71 APPENDIX 1: AUTHORS AND ACKNOWLEDGEMENTS / 75 APPENDIX 2: VICTIM PARTICIPANT QUESTIONNAIRE / 76 ACRONYMS ASP Assembly of States -
DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court
DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court FEBRUARY 2014 The Human Rights Center at the University of California, Berkeley, School of Law conducts research on war crimes and other serious violations of international humanitarian law and human rights. Using evidence-based methods and innovative technologies, we support efforts to hold perpetrators accountable and to protect vulnerable populations. We also train students and advocates to document human rights violations and turn this information into effective action. Cover photo: © Oleg Romanciuk/123rf.com CONTENTS I. INTRODUCTION / 1 II. BACKGROUND / 3 Digital Evidence at the International Criminal Court / 4 History of Digital Evidence / 5 Digital Evidence in Trial Proceedings / 5 III. MAJOR ISSUES / 7 Building the Court’s Internal Capacity / 7 Fostering External Partnerships / 8 IV. RECOMMENDATIONS / 11 Investing in the Court / 11 Fostering External Partnerships / 12 Continuing Conversations / 13 APPENDIX: WORKSHOP PARTICIPANTS / 15 I. INTRODUCTION THIS REPORT SUMMARIZES major points of discussion from the first Salzburg Workshop on Improving War Crimes Investigations, a convening focused on the use of digital evidence to prosecute atrocity crimes (genocide, crimes against humanity, and war crimes). The workshop was held in Salzburg, Austria, from 23–25 October 2013. The Human Rights Center sponsored the workshop in -
PSV TM Reference Curriculum
Bosnia and Herzegovina Ministry of Defence Ministry of Security Peace Support Operations Training Centre Sarajevo Prevention of Sexual Violence in Conflict Generic Reference Curriculum for Training in Security Sector Sarajevo, September 2014 1 CONTENTS FORWARD Chapter 1: METHODOLOGY AND THE STRUCTURE OF THE DOCUMENT …….….6 Chapter 2: POSSIBLE DESIGN OF PSV TRAINING MODULES.………………………...8 Chapter 3: POSSIBLE SESSIONS FOR PSV TRAINING …………………………………14 Session 1: Sexual violence in contemporary Armed conflicts as a warfighting strategy..............14 Session 2: Influence of culture on sexual violence ..................................................................... 21 Session 3: Legal base for gender perspectives in security sector………………………...….......32 Session 4: Mandates to respond to sexual violence in armed conflict……………………...…. .46 Session 5: Protection of civilians in conflict areas and EXERCISE “JOINT PROTECTION I”…………........................................................................54 Session 6: Comprehensive approach in preventing Sexual violence in conflict………...............81 Session 7: Specifics on information gathering and Preservation of evidence on sexual violence in conflict…………………………………...…….89 Session 8: The role of military contingents in response to Sexual violence in conflict……………………………………………………………...………101 Session 9: The role of UN police contingents in preventing Sexual violence in conflict…………………………………………………………...…………121 Session 10: Planning operations in response to sexual Violence on operations: EXERCISE -
Germain Katanga and Mathieu Ngudjolo Chui Face Justice at The
FOCUS: DRC AND THE ICC Germain Katanga and Mathieu Ngudjolo Chui Face Justice at the ICC The International Criminal Court (ICC) opened The DRC ratified the Rome Statute on March 30, 2002, and referred its second trial on November 24, 2009, against the situation of crimes committed in the DRC to the ICC prosecutor on April 19, 2004. Katanga had been in Congolese custody pending Germain Katanga and Mathieu Ngudjolo an ongoing investigation by Congolese military justice officials since Chui. The men are former leaders of armed March 2005. But the ICC issued a sealed arrest warrant against him rebel movements from the Ituri district in the on specific charges on July 2, 2007, and the Congolese authorities transferred him to The Hague on October 17, 2007. Democratic Republic of Congo (DRC). The ICC is prosecuting them for war crimes and crimes Katanga’s co-defendant, Ngudjolo—who became a colonel in the against humanity allegedly committed in the DRC’s army following peace talks with the government—was subsequently arrested by Congolese authorities and transferred to context of a massacre in the Iturian village of The Hague on February 6, 2008, pursuant to a sealed arrest warrant Bogoro in February 2003. This trial is the first to the ICC issued on July 6, 2007. pursue Ituri militia leaders on charges of sexual CHARGES AGAINST NGUDJOLO AND KATANGA AT crimes among other alleged crimes committed THE ICC during the conflict in DRC. The ICC prosecutor charged Katanga and Ngudjolo with six counts of war crimes and three counts of crimes against humanity allegedly committed against the civilian ethnic Hema population in the Iturian BACKGROUND village of Bogoro during an attack the FRPI and FNI carried out on Laurent-Désiré Kabila’s 1996-97 campaign to overthrow the February 24, 2003. -
Ceremony for the Solemn Undertaking Courtroom I, International Criminal Court
PLEASE CHECK AGAINST DELIVERY Ceremony for the Solemn Undertaking Courtroom I, International Criminal Court 17 January 2008 Statement by H.E. Mr. Bruno Stagno President of the Assembly of States Parties PLEASE CHECK AGAINST DELIVERY Excellencies Ladies and Gentlemen, We meet today to witness the solemn undertaking of the oath of office of three newly-elected judges of the International Criminal Court, at a time when the world continues to be scarred by the ravages of the most serious crimes known to man, crimes which show man’s inhumanity to man, crimes which continue to shock the conscience of mankind. In the midst of this darkness that continues to mar our world, the International Criminal Court stands as a permanent beacon of light, and of hope for the numerous victims of the crimes within the jurisdiction of the Court---genocide, crimes against humanity and war crimes. The Court also stands as a reminder to perpetrators of these heinous crimes that the international community will not tolerate impunity for such crimes. Since the entry into force of the Rome Statute on 2 July 2002, and the establishment of the Court, we can be justly proud of its accomplishments. It is important to once more recall that the Court stands alongside the Governments of the world in the international struggle for justice and peace, and is a Court of last resort. The Statute requires that States investigate and prosecute the crimes within the jurisdiction of the Court; the Court will act only in the specific circumstances spelt out in the Statute. I wish to highlight here the importance of the international community providing the necessary cooperation to the Court to enable it to carry out its mandate under the Rome Statute. -
In Search of Peace: an Autopsy of the Political Dimensions of Violence in the Democratic Republic of Congo
IN SEARCH OF PEACE: AN AUTOPSY OF THE POLITICAL DIMENSIONS OF VIOLENCE IN THE DEMOCRATIC REPUBLIC OF CONGO By AARON ZACHARIAH HALE A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2009 1 © 2009 Aaron Zachariah Hale 2 To all the Congolese who helped me understand life’s difficult challenges, and to Fredline M’Cormack-Hale for your support and patience during this endeavor 3 ACKNOWLEDGMENTS I was initially skeptical about attending The University of Florida (UF) in 2002 for a number of reasons, but attending UF has been one of the most memorable times of my life. I have been so fortunate to be given the opportunity to study African Politics in the Department of Political Science in a cozy little town like Gainesville. For students interested in Africa, UF’s Center for African Studies (CAS) has been such a fantastic resource and meeting place for all things African. Dr. Leonardo Villalón took over the management of CAS the same year and has led and expanded the CAS to reach beyond its traditional suit of Eastern and Southern African studies to now encompass much of the sub-region of West Africa. The CAS has grown leaps and bounds in recent years with recent faculty hires from many African and European countries to right here in the United States. In addition to a strong and committed body of faculty, I have seen in my stay of seven years the population of graduate and undergraduate students with an interest in Africa only swell, which bodes well for the upcoming generation of new Africanists. -
List of Publications II. Books and Special Issues of Journals
List of Publications Claus Kreß (as of January 2019) I. Books and Smaller Monographs (Author) 1. Gewaltverbot und Selbstverteidigungsrecht nach der Satzung der Vereinten Nationen in Fällen staatlicher Verwicklung in Gewaltakte Privater, 1995, 388 pp. (The Prohibition of the Use of Force and the Right to Self-Defence in Cases of State Involvement in Acts of Force by Private Persons; English summary). 2. Vom Nutzen eines deutschen Völkerstrafgesetzbuchs, 2000, 40 pp. (Why to enact a German Code of Crimes Under International Law). 3. Friedensmissionen unter einem Mandat der Vereinten Nationen und Menschenrechte (UN Peace-Operations and Human Rights), Cologne Occasional Papers on International Peace and Security Law, Number 1 (March 2013), 35 pp. 4. Towards a Truly Universal Invisible College of International Criminal Lawyers, FICHL Occasional Paper Series No. 4 (2014), 37 pp. 5. Estudios sobre la Parte Especial del Derecho internacional penal. Collection of Essays Translated into Spanish, ed. by Nathalia Bautista Pizzaro, Universidad Externado de Colombia, 2018. II. Books and Special Issues of Journals (Editor) 1. The Rome Statute of the International Criminal Court and Domestic Legal Orders, vol. 1, General Aspects and Constitutional Issues, Ripa Fagnano Alto/Baden-Baden 2000, 251 pp. (co-editor Flavia Lattanzi). 2. International and National Prosecution of Crimes Under International Law: Recent Developments, 2nd ed. 2004, 873 pp. (co-editors Horst Fischer and Sascha Rolf Lüder). 3. The Rome Statute of the International Criminal Court and Domestic Legal Orders, vol. 2, Constitutional Issues, Cooperation and Enforcement, 2005, 543 pp. (co- editors Flavia Lattanzi, Bruce Broomhall and Valeria Santori). 4. Grützner/Pötz/Kreß/Gazeas. -
Dispensing Global Justice
tor krever DISPENSING GLOBAL JUSTICE he international criminal court is the newest would- be global institution to have been established by the big powers since 1945.* Its Statute, agreed at a conference in Rome in 1998, was ratified by the minimum necessary sixty states in T2002; the Court opened its doors in The Hague the following summer. The icc raises both political questions—its relation to the major pow- ers, above all the United States, and its function in world conflicts—and juridical ones. The history of international criminal law tends to be told as a teleological story of irreversible progress, in which the violence of cold state calculi gives way to a supra-political justice. Milestones along the way include the pre-1914 attempts to sanitize war between the European powers, when Swiss lawyers floated the idea of an interna- tional tribunal to back up the first Geneva and Hague Conventions, and the Versailles Treaty’s arraignment of the Kaiser for offences against ‘international morality and the sanctity of treaties’, never followed through. More salient have been the 1945–46 Nuremberg and Tokyo trials of selected German and Japanese officials; the ad hoc International Criminal Tribunal for Yugoslavia, set up in 1993 by the un Security Council to try individual Serbian leaders, and a much smaller number of Croatians and Bosniaks, for ‘crimes against humanity’; and the less cel- ebrated International Criminal Tribunal for Rwanda, set up by the unsc in 1995. At the end of this narrative stands the icc, ‘the most dramatic marker yet in the long human struggle for accountability’.1 The actual story is a less romantic affair, marked throughout by power politics. -
Cour Pénale Internationale International Criminal Court Original
ICC-01/04-01/06-2773-Red-tENG 02-02-2012 1/290 FB T Cour Pénale Internationale International Criminal Court Original: French No.: ICC-01/04-01/06 Date: 15 July 2011 TRIAL CHAMBER I Before: Judge Adrian Fulford, Presiding Judge Judge Elizabeth Odio Benito Judge René Blattmann SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. TH01S4AS LUBANGA DYILO PUBLIC REDACTED VERSION With confidential Annex 1, public redacted Annex 2 and public Annex 3 Closing submissions of the Defence Source: Defence team of Mr Thomas Lubanga No. ICC-01/04-01/06 1/290 Ofticml Cour! D'ajisliuiiUi ICC-01/04-01/06-2773-Red-tENG 02-02-2012 2/290 FB T 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 Ms Catherine Mabille Ms Fatou Bensouda Mr Jean-Marie Biju-Duval Mr Marc Desalliers Ms Caroline Buteau Legal Representatives of the Victims Legal Representatives of Applicants Mr Luc Walleyn Mr Franck Mulenda Ms Carine Bapita Buyangandu Mr Jean Chrysostome Mulamba Nsokoloni Mr Paul Kabongo Tshibangu Ms Paolina Massidda Mr Hervé Diakiese Mr Joseph Keta Orwinyo Unrepresented Victims Unrepresented Applicants for Participation/Reparations 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 Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-01/04.01/06 2/290 ICC-01/04-01/06-2773-Red-tENG 02-02-2012 3/290 FB T PART I: PRETUDICE TO THE INTEGRITY OF THE TRIAL AFFECTING THE RELIABILITY OF ALL EVIDENCE PRESENTED BY THE PROSECUTION. -
DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court
DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court DIGITAL FINGERPRINTS Using Electronic Evidence to Advance Prosecutions at the International Criminal Court FEBRUARY 2014 ALEXA KOENIG STEPHEN CODY ERIC STOVER CAMILLE CRITTENDEN The Human Rights Center at the University of California, Berkeley, School of Law conducts research on war crimes and other serious violations of international humanitarian law and human rights. Using evidence-based methods and innovative technologies, we support efforts to hold perpetrators accountable and to protect vulnerable populations. We also train students and advocates to document human rights violations and turn this information into effective action. Cover photo: © Oleg Romanciuk/123rf.com CONTENTS I. INTRODUCTION / 1 II. BACKGROUND / 3 Digital Evidence at the International Criminal Court / 4 History of Digital Evidence / 5 Digital Evidence in Trial Proceedings / 5 III. MAJOR ISSUES / 7 Building the Court’s Internal Capacity / 7 Fostering External Partnerships / 8 IV. RECOMMENDATIONS / 11 Investing in the Court / 11 Fostering External Partnerships / 12 Continuing Conversations / 13 APPENDIX: WORKSHOP PARTICIPANTS / 15 I. INTRODUCTION THIS REPORT SUMMARIZES major points of discussion from the first Salzburg Workshop on Improving War Crimes Investigations, a convening focused on the use of digital evidence to prosecute atrocity crimes (genocide, crimes against humanity, and war crimes). The workshop was held in Salzburg, Austria, from 23–25 October -
Merchants of Death: Exposing Corporate Financed Holocaust in Africa
Merchants of Death: Exposing Corporate Financed Holocaust in Africa By Keith Harmon Snow Region: sub-Saharan Africa Global Research, December 07, 2008 Theme: Crimes against Humanity, Global www.allthingspass.com 5 December 2008 Economy Innocent Congolese men in South Kivu, falsely accused of being FDLR militia from Rwanda, brutalized and detained by FARDC. Photo copyright 2007 keith harmon snow. War in Congo has again been splashed across world headlines and the same old clichés about violence and suffering are repackaged and rebroadcast as “news”. Meanwhile, early indications out of America are that President-elect Barack Obama will assemble a foreign policy-team primed for business as usual. How will Hillary Clinton as Secretary of State compromise the Obama Administration’s capacity to honestly redress the untold suffering, massive theft of resources and millions of deaths in Africa? And Tom Daschle? Behind the media smokescreens are people whose involvement has been documented and exposed, but there is always some African fall guy—the ‘embraceable’ black subordinate or ‘rebel’ commander—charged with war crimes and used to deflect attention from the leaders of organized white-collar crime networks. Blacked out are the corporate executives, government officials and expatriate personnel of Western enterprises whose success amidst chaos implicates them in the deracination and death of millions of black people. What’s behind the recent hostilities and media posturing in Central Africa? THE SHORT, BRUTISH LIFE OF SANDRINE On a darkling plain in a far away place the skeletons of hundreds of unnamed people lie strewn over the land amidst the red dirt and brown grasses scorched by the equatorial sun. -
IMG/SUDAN FINAL 17Sep 2007.Pdf [Accessed on 10Th September2011]
A University of Sussex DPhil thesis Available online via Sussex Research Online: http://sro.sussex.ac.uk/ This thesis is protected by copyright which belongs to the author. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Please visit Sussex Research Online for more information and further details COMPLEMENTARITY AND CULTURAL SENSITIVITY: DECISION-MAKING BY THE ICC PROSECUTOR IN RELATION TO THE SITUATIONS IN THE DARFUR REGION OF THE SUDAN AND THE DEMOCRATIC REPUBLIC OF THE CONGO (DRC) THE DEGREE OF DOCTOR OF PHILOSOPHY SHAHRZAD FOULADVAND SUSSEX LAW SCHOOL UNIVERSITY OF SUSSEX January 2012 DECLARATION I hereby declare that this thesis has not been submitted, either in the same or different form, to this or any other University for a degree and the work produced here is my own except stated otherwise. Sign: ........................................ Shahrzad Fouladvand Date: ii ACKNOWLEDGEMENTS I would like to thank Dr. Richard Vogler and Professor Craig Barker for their constructive guidance and recommendations. In particular, I am extremely grateful to Dr. Vogler, whose support and inspired suggestions have been invaluable throughout the completion of this thesis. I must express my gratitude to my brothers and my parents. This thesis could not have been written without my parents’ constant encouragement. Their generous financial support, their love and good wishes, smoothed the way for my studies in Iran and abroad.