Forum for International Criminal Justice Newsletter: November 2014 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) November 2014 Newsletter which focuses on the prosecution of war crimes, and , including a roundup of video highlights, announcements, events, reports and the major news developments from October. 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: Argentina sentenced 15 former officials to life for genocide; Italy’s Constitutional Court has ruled that victims may sue Germany for Nazi War Crimes; and Rwanda’s Prosecutor General has appealed to his counterparts in Africa to respect the duty to extradite or prosecute all suspects of the 1994 Genocide in their countries.

*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 a trailer of the new documentary Watchers of the Sky on Raphael Click here to watch a brief video clip on the free Lemkin, a Polish-born lawyer who coined the online course on International Criminal Law term “genocide”, inspired by Join Samantha the FICJ Power community: WWW.IAPoffered -byASSOCIATION.ORG/FICJ Western Reserve University/HOME, and instructed by Professor Michael Scharf. The next1 and featuring former international prosecutors Follow us on twitter: @iaprosecutors Benjamin Ferencz and . session runs from 3 November – 26 January.

Announcements: UN War Crimes Court to Close in 2017 The International Criminal Tribunal for the Former Yugoslavia will completely shut down in 2017 after delivering its last war crimes ruling, said the court’s president Theodor Meron.

(Marija Ristic, BIRN, 14 October 2014)

Presenting his annual report to the Security Council in New York on Monday, the Hague-based war crimes court’s president said that “fewer than ten trials and appeals remain unfinished”.

“By the end of 2015, based on current forecasts, we expect that only one trial and one appeal, in the Mladic and Prlic et al. cases, will still be ongoing, concluding in 2017,” Meron said.

Meron said the verdict in the case of former Bosnian ICTY President, Judge Theodor Meron Army commander Ratko Mladic is expected to be rendered in July 2016, while the court’s ruling in the appeal by former Bosnian Croat leader Jadranko Prlic and five others is due next year.

The Tribunal is preparing to close for good in 2017, after which the court’s so-called ‘residual mechanism’ will take over any remaining appeals, he said. In the other high-profile trials at the UN- backed court, the verdict in the case of former Bosnian Serb president Radovan Karadzic is expected in October 2015, while a judgement on former Croatian Serb leader Goran Hadzic will be delivered in December 2015. However Meron did not name a date for the verdict in the case of Vojislav Seselj, the leader of Serbian Radical Party, because the trial has been disrupted after one of the judges was disqualified for alleged bias.

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Since its establishment in 1993, the ICTY has indicted 161 people, 20 of whom are still on trial. In the 141 completed cases, 74 people were convicted and 18 were acquitted, while in 36 cases, the indictments were either withdrawn or the defendants died, and cases against 13 others were referred to prosecutors in their home countries.

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Justice plays a “crucial role” in maintaining international peace and security: ICC Prosecutor briefs the Security Council

On Thursday, 23 October 2014, the Prosecutor of the International Criminal Court (ICC or the Court), Mrs. , briefed the United Nations Security Council (UNSC) in New York, in an open debate on the constructive role the Council can play in support of the exercise of the Office of the Prosecutor's independent mandate, organized by the Argentine presidency of the UNSC.

"We believe that the rights of women ICC Prosecutor Fatou Bensouda briefing UN Security Council and children, indeed the rights of all civilians in times of conflict; the protection of peacekeeping missions and the rule of law are topics of common importance for both of our respective institutions. The same holds true for the crucial role justice plays in relation to the maintenance of international peace and security," said the Prosecutor.

Focussed on the working methods of the UNSC, the open debate took place almost exactly two years after a similar session was organized by Guatemala, and provided a unique opportunity to exchange on how the Council can support the work of the Court and propose concrete solutions to the specific challenges that will make a difference to the victims of mass atrocities.

At the meeting, Prosecutor Bensouda emphasized the continued need for cooperation and follow-up to UNSC referrals and the need for mechanisms to ensure timely and coordinated support. She underscored the importance of States Parties within and outside the Council working together and in one voice, as well as the need to think proactively about how the Council, the Assembly of States Parties and the ICC can work in concert within their respective mandates, to advance the crucially important goals of ending impunity for mass crimes and promoting the international rule of law.

Calling for the appointment of a single focal point for interaction between the UNSC and the ICC, the Prosecutor outlined a number of areas where enhanced coordination could provide greater follow- up to relevant Council resolutions. Lack of adequate and effective follow-up on referrals to the ICC is a matter of continuing concern, shared with the Council, said the Prosecutor. Citing the Darfur situation, the failure to implement aspects of resolutions referring situations to the ICC, she said, can

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reflect a much deeper problem. Prosecutor Bensouda noted that of the fifty-five resolutions on the Sudan, very few had been implemented, suggesting the need to review them collectively as well as individually.

The Prosecutor also invited the Council to use clearer language in its referrals, in particular concerning the obligation of all States to cooperate with the ICC and to uphold its judicial rulings.

Prosecutor Bensouda called for serious discussion on effective arrest strategies, expressing her sincere hope that the UNSC "can definitively call on all UN Member States to provide the necessary assistance." She proposed that a focal point for interaction between the UNSC and the ICC could be of practical assistance on this issue and in a number of other helpful ways, including the question of the outstanding response of the Council to the ICC's findings of non-cooperation. "It is not only a question of focusing on non-cooperation of specific States," said the Prosecutor, "but of looking more positively and proactively at how to encourage cooperation as specific challenges arise.''

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The Office of the Prosecutor of the ICC conducts independent and impartial investigations and prosecution of the crimes of genocide, crimes against humanity and war crimes. The Office of the Prosecutor is currently conducting eight investigations: in Uganda; Democratic Republic of the Congo; Darfur, Sudan; Central African Republic; Kenya; Libya; Côte d'Ivoire and Mali. The Office is also conducting preliminary examinations relating to the situations in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, , Ukraine and the situation referred by the Union of the .

Reports: REDRESS-FIDH-ECCHR-TRIAL are publishing a report entitled "Driving Forward Justice: Victims of Serious International Crimes in the European Union (EU)" Concerns over impunity and safe havens have led to increased efforts, in Europe and elsewhere, to strengthen systems to hold to account those accused of serious international crimes including genocide, crimes against humanity, war crimes, torture and enforced disappearance. As states have begun to incorporate serious international crimes into their domestic criminal laws, and strengthened their capacity to investigate and prosecute these crimes, the number of investigations and prosecutions of these acts has slowly increased. This is a positive development, and a sign that countries are slowly committing to the goal of ending impunity. However, this developing practice has not been matched by the effective exercise of victims’ rights in these proceedings.

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Victims of crime are entitled to be treated with dignity and respect, to have access to justice and to obtain reparation. They have a right to be protected from reprisals, to receive information about the progress of cases that concern them and to engage with the legal process. Despite these rights, all victims – regardless of the type of crime they were subjected to - face serious hurdles to exercise their rights. These hurdles, steep as they already are, are accentuated for victims of serious international crimes. Many of those who fall within this category suffer from severe trauma, face stigmatisation in their communities, may not speak the language of the country where the investigation is taking place, frequently preventing them from accessing information about their rights, filing complaints and triggering investigations. To date, few of these victims have been able to play an active role in criminal proceedings particularly when they take place abroad; even fewer have succeeded in obtaining compensation or other forms of reparation. Overall, victims of serious international crimes have been largely excluded from the frameworks and mechanisms developed for victims of domestic offences.

At the same time, national authorities in European Union (EU) Member States tasked with investigating and prosecuting serious international crimes have faced difficulties accessing victims and potential witnesses living in EU Member States and abroad. Unsurprisingly, this limits the authorities’ ability to make progress with investigations and prosecutions. Encouraging and assisting victims to come forward and participate in criminal proceedings would, therefore, improve the prospects for successful law enforcement responses to serious international crimes, as well as ultimately enhance victims’ ability to access justice.

The EU first identified victims’ rights as a priority for the field of Justice and Home Affairs (JHA) in 1999. In October 2012, the EU Directive on minimum standards for the rights, support and protection of victims of crime was adopted. The Report explains how this 2012 EU Directive applies to victims of serious international crimes, in light of the wording of the Directive itself, and taking into account States’ pre-existing obligations towards victims under international and human rights law.

Click here to read the full 75-page REDRESS-FIDH-ECCHR-TRIAL report

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Upcoming Events: IBA Annual Conference on International Criminal Law: International Legal Challenges for 2015

31 January – 1 February 2015 Peace Palace, The Hague, the Netherlands

A conference presented by the International Bar Association (IBA) War Crimes Committee and supported by the IBA European Regional Forum

Topics Include:

Respecting state sovereignty and the ICC – unwilling or unable? Russia and Ukraine Israel and Gaza. Sri Lanka and LTTE ISIS, Supporting Revolution and the International Legal Context of Aiding and Abetting Challenges in securing truthful witness testimony in ICL Expanding the jurisdiction of the African court on human and peoples’ rights

Who should attend?

Judges, prosecutors, criminal defence and regulatory practitioners, in-house counsel, international business crime lawyers, compliance officers, law enforcement officials and auditors, students, academics and anybody with specific interest in war crimes.

For more information and to register click here

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International Criminal Court for prosecution of News October 2014 crimes against humanity…

Click on the hyperlinked headlines to see the full articles of international criminal justice news 24 October from October 2014 Rwanda: Prosecutor General Urges Cooperation On Genocide Suspects (allAfrica) 27 October Prosecutor General Richard Muhumuza has Chad: 28 Suspected Habre Accomplices Referred appealed to his counterparts around Africa to to Criminal Court respect the duty to extradite or prosecute all (allAfrica) suspects of the 1994 Genocide against the Tutsi in Twenty-nine suspected accomplices of former their countries. Muhumuza was Wednesday Chadian president Hissène Habré were on addressing the latest annual General Assembly of Thursday referred to a criminal court in Chad, the Africa Prosecutors' Association (APA) in DR reports (HRW), calling this a Congo capital Kinshasa, that is discussing significant step forward in victims' long fight for international cooperation on genocide suspects… justice… Italy’s Top Court Rules Victims May Sue Germany 26 October for Nazi War Crimes Camps Bring Further Danger to Rohingya Muslims (RIA Novosti ) Fleeing Potential Genocide in Burma The Constitutional Court of Italy has ruled that (Newsweek) victims of war crimes and crimes against humanity For decades the Rohingya Muslims have been committed under the Nazis have the right to sue subjected to systematic persecution by their Germany in Italian courts… However, in 2012, the largely Buddhist countrymen: denied citizenship, International Court of Justice in the Hague, UN’s suffering forced labour, rape and killings. The primary judicial body, upheld Germany’s United Nations has described them as “the world’s jurisdictional immunity… most persecuted minority” and other observers have warned of an impending genocide… Sri Lanka revisited: The whitewashing of a by corporate lobbyists 25 October (The Independent) Argentina sentences 15 former officials to life for The Sri Lankan government is hurriedly trying to genocide boost the country’s image by spending hundreds of (Euronews) thousands of dollars to hire corporate lobbyists as In Argentina, a group of former government it awaits a UN report into alleged war crimes. A officials have been sentenced to life in prison for report in the US says Sri Lanka has recently agreed the abduction, torture and killing of dissidents a contract with its eighth lobbying firm this year to during the country’s military regime from 1976- change the way the country is perceived 1983. The 15 former police, military and civilian internationally… officers committed their crimes in the La Cancha detention centre in a rural area of Buenos Aires Rwanda bans BBC broadcasts over genocide province… documentary (Guardian) Coalition Seeks to Send North Korea to The Rwandan government has suspended all BBC International Court Over Rights Abuses radio broadcasts in Rwanda’s most common (New York Times) language to protest against the news Seven months after a groundbreaking report organisation’s recent documentary about the 1994 documenting how North Korea tortured and genocide in the country. President Paul Kagame’s starved its citizens, a broad coalition of countries is government, members of parliament and genocide pushing for the first time to refer Pyongyang to the survivors have expressed their anger at the BBC

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over the recent documentary that suggested the genocide since 2012. A United Nations-backed country’s president may have had a hand shooting International Criminal Tribunal for the former down his predecessor’s plane, a crash that Yugoslavia announced Thursday that the court will triggered the mass killings… hear details about a mass grave investigators believe has ties to Ratko Mladic. Investigators How ‘Genocide’ Was Coined discovered the site in 2013 in the village of (Washington Post) Tomasica, a haunting reminder of the bloodshed Seventy years ago this fall, a new word that would wrought by the conflict that followed the breakup have enormous geopolitical repercussions entered of the former Yugoslavia two decades ago… the language. In the 674-page “Axis Rule in Occupied Europe,” published by the Carnegie Rainforest Communities Seek Criminal Endowment for International Peace, the word Investigation of Chevron CEO Watson Before made its debut on page 79: “Genocide—A New International Court Term and New Conception for Destruction of (CSR Wire) Nations.” The writer was , a Polish- Rainforest communities in Ecuador today born lawyer who had fled war-torn Europe for the requested that an international court open a U.S. in 1941… criminal investigation of Chevron CEO John Watson and other high-level officers of the company over Kenya Wants ICC Judges Discussed their role in violating international humanitarian (allAfrica) law by obstructing a court-mandated clean-up of Kenya has sought the help of the Assembly of toxic contamination in the Amazon, putting States Parties over what she terms gross violation thousands of lives at risk… of the Rome Statute by the ICC in the prosecution of the twin Kenyan cases… Judges Order Documents on Kenyatta Asset Freeze Be Made Public Prosecutor Wants Ntaganda Kept in ICC Detention (OSJI) (OSJI) Judges of the International Criminal Court (ICC) Prosecutors at the International Criminal Court have ordered the Registry to make public five (ICC) have asked judges not to release Bosco documents relating to a court-ordered request in Ntaganda, the Congolese military leader who faces April 2011 for cooperation on the freezing or 18 charges at the world court. They submitted that seizure of the property and assets belonging his continued detention was necessary to ensure to President Uhuru Muigai Kenyatta… his appearance at trial and the safety and security of witnesses in the lead up to trial… U.S. Allocates $1.6 Million for Tracking Atrocities in Iraq Former Bangladeshi Islamist leader jailed for war (The Wall Street Journal) crimes dies in prison Stepping up efforts to hold Islamic State extremists (Guardian) accountable for war crimes, the Obama A former Bangladeshi Islamist party leader, whose administration said Thursday it was allocating $1.6 imprisonment on war crimes charges triggered million to gather evidence of atrocities committed violent protests last year, has died of a heart attack in Iraq. Ambassador Stephen Rapp, the chief U.S. in a prison cell of a government hospital… war-crimes official, said in an interview that the grant, being awarded to a consortium of 23 October nongovernmental groups, was intended “to Mass grave evidence to be presented in Ratko strengthen Iraqi capacity to document human Mladic's case rights abuses perpetrated by all sides in the (CNN) conflict.”… Prosecutors will be allowed to present more gruesome evidence against a former Bosnian Serb Guantanamo Bay war crimes tribunals face military commander who has been on trial for shutdown over legal challenge (Telegraph)

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The Guantanamo Bay war crimes tribunals are seekers…“In my application I have particularly facing a potentially fatal legal challenge in the US named crimes against humanity, such as the forced Court of Appeal after lawyers for one of Osama bin relocation of people, obviously to the Republic of Laden's leading propaganda film-makers argued Nauru or Papua New Guinea,” Wilkie said… that the hearings were fundamentally unconstitutional… 21 October Ten former Serb paramilitaries on trial for war ICC orders interim release of four suspects with crimes in Trpinja ties to Bemba case (dalje.com) (Jurist) Ten former Serb paramilitaries went on trial before Judge of the International Criminal the Osijek County Court on Tuesday for committing Court (ICC) on Tuesday reviewed the detention war crimes against civilians and prisoners of war in status of four suspects motu proprio and ordered Trpinja and Borovo Naselje, eastern Croatia, in their interim release in a case pending before the 1991… ICC related to the detention of former Congolese vice president Jean-Pierre Bemba Gombo, whose case is also pending before the ICC… 17 October Genocide Trial Begins for Khmer Rouge Leaders (New York Times) 22 Octover Hearings began on Friday into the most far- War crimes convict Ghulam Azam's appeal reaching charges, including genocide, against two hearing starts on Dec 2 former leaders of Cambodia’s Khmer Rouge in (bdnews24) what is likely to be the last chance to seek justice The five-member Appellate Division bench headed for 1.7 million deaths during their disastrous 1970s by Chief Justice Md Muzammel Hossain has fixed rule… the date for Wednesday. The International Crimes Tribunal (ICT) had found him guilty of five categories of criminal activity -- conspiracy, 15 October planning, incitement, complicity (abetment) and Ivory Coast's former first lady, allies to go on trial murder… next week () Khmer Rouge Defense Teams a No Show at The trial of Ivory Coast's former first lady and Meeting to End Boycott leading opposition figures charged with (The Cambodia Daily) committing economic crimes during the rule of ex- The defense teams for Khmer Rouge tribunal President will open next week, a defendants Nuon Chea and Khieu Samphan both defense lawyer and one of the accused said on stayed away from a meeting Tuesday that the Wednesday…A number of the accused are also court hoped would help end their boycott of the facing charges for so-called blood crimes, acts of second phase of Case 002, in which their clients violence including murder and rape. Simone stand accused of genocide and other crimes.. Gbagbo is charged with genocide for her role in the Khieu Samphan says his lawyers cannot manage to 2011 conflict, which killed around 3,000 people… simultaneously represent him in the second phase of the trial and appeal his conviction in the first… 14 October [Swiss] Minister deplores ‘human scandal’ of child soldiers 22 October (swissinfo) Asylum seekers: Andrew Wilkie takes Australia to Switzerland should play a more active role in the international criminal court protection of children who are victims and (Guardian) perpetrators in armed conflicts, said Foreign Andrew Wilkie has written to the international Minister Didier Burkhalter, citing the country’s criminal court (ICC) asking it to investigate the commitment to peace, democracy and human Abbott government for crimes against asylum rights. About 250,000 children under 18 are

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currently estimated to be serving in armed groups, …On the diplomatic front, Kenya has convinced 40% of them girls, Burkhalter said at the annual many African leaders that the court is a neo- conference of the foreign ministry’s Human colonialist enterprise with a vendetta against the Security Division on Tuesday… continent. The African Union has blasted the court for its investigations, and an East African regional Bosnia Struggles With War Crimes Investigation organization -- the Intergovernmental Authority on Backlog Development -- this week called for the (Balkan Transitional Justice) investigation to be shelved, at least until Kenyatta The number of war crimes investigations into has left office, citing worries that the trial of a known suspects has only been reduced by two per sitting president would disrupt the fight against cent in the past two years, with over 1,200 cases terrorism in the region… from the 1992-95 conflict still being probed…But the fall of just two per cent in the number of 9 October investigations indicates that the judicial authorities Kenyatta appears before ICC court could have a tough task to achieve their goal of (Aljazeera) dealing with crimes committed during the 1992-95 Kenyan President became the first war within the specified timeframe… sitting president to appear before the International Criminal Court in The Hague where he faces 13 October charges of crimes against humanity. The court had The woman who prosecutes war criminals ordered Kenyatta to attend the status hearing on (The Star) Wednesday, denying his request that he Fatou Bensouda, chief prosecutor of the participate by video… International Criminal Court, is fighting for justice while battling smear campaigns. The odds are 8 October against her. As a young girl, Fatou Bensouda would Opening of the Srebrenica Documentation Center visit ’s courthouse and sit through legal (ilawyerblog) hearings for fun. While other 14-year-olds were Last month, the SENSE News agency has preoccupied with first crushes and pop music, inaugurated the Srebrenica Documentation Center. Bensouda was more interested in corpus juris … The purpose of the Center is to show how the events in July 1995 in Srebrenica were STL Appeals Chamber Decides It Can Prosecute investigated, reconstructed and prosecuted before Legal Persons for Contempt the International Criminal Tribunal for the former (OSJI) Yugoslavia (ICTY)… In a completely unexpected decision earlier this month, the Appeals Chamber of the Special ICC Prosecutor Asks Court to Decide on Tribunal for Lebanon (STL), only consisting of three Indefinitely Adjourning Kenyatta Case or judges, ruled that it has jurisdiction to prosecute Terminating It legal persons, such as corporations, for contempt (OSJI) of court. The STL has been created to prosecute The Prosecutor of the International Criminal Court those suspected of involvement in the bombing of (ICC), Fatou Bensouda, has asked trial judges to February 14, 2005 in Beirut that killed former decide whether to adjourn indefinitely the case Prime Minister Rafic Hariri and 21 others, and against Kenyan President Uhuru Muigai Kenyatta injured many others (as well as potential or terminate it and not consider any halfway connected cases)… measure…

10 October The Bangladesh International Crimes Tribunal How to Destroy the International Criminal Court (BICT): Complementarity Gone Bad From Within (IntLawGrrls Opinion) (Foreign Policy, Opinion) International courts cannot handle all possible international crimes prosecutions; as such, it is

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incumbent upon national systems to carry much of (Reuters) the burden… however, the fundamentally unfair International prosecutors accused the Kenyan proceedings underway before the BICT pervert the government on Tuesday of failing to hand over values and goals of transitional justice, insult the phone and bank records they said could help them victims who deserve a more legitimate show President Uhuru Kenyatta paid people to accountability process, and threaten to leave a take part in post-election violence in 2007… lasting stain on both the Bangladeshi legal system and the system of international justice writ large… Cambodia’s Ruling Elite May Face ICC Probe Over Land Grab 7 October (The Diplomat) Karadzic ICTY genocide trial ends Lawyers have filed a criminal complaint against (Jurist) Cambodia’s “ruling elite” at the International Judges for the ICTY on Tuesday retired to consider Criminal Court (ICC) in The Hague, alleging that their verdicts in the trial of Bosnian Serb political crimes against humanity had been committed by leader Radovan Karadzic. Prosecutors delivered authorities responsible for widespread land their closing arguments last month. Karadzic is grabbing… charged with genocide, crimes against humanity and violations of the laws of war committed during 3 October the 1995 Srebrenica Massacre where more than Two Bosnian Serb Police Face Genocide Trial 7,000 Muslims were killed by Serb forces. The (Balkan Transitional Justice) panel of three judges is expected to take months The state court on Friday confirmed the indictment to deliver the verdict… of Josipovic, the former chief of the Public Safety Station in Bratunac, and Tesic, former deputy Investigators in Syria Seek Paper Trails That Could commander of the Police Station in Bratunac, for Prove War Crimes assisting and supporting the commission of (New York Times) genocide of civilians from Srebrenica from July 12 Behind the blitz of airstrikes and land battles in to 19, 1995… Syria, an unseen army is hunting for special spoils of war: pieces of paper, including military orders, Mass Atrocity Crimes Database meeting minutes, prison records and any other (ilawyerblog) documents that could help build cases for future The new Global Action Against Mass Atrocity prosecutions. Several Western governments, Crimes (GAAMAC) offers an online database including those of the United States and Britain, referencing a selection of open-source materials, are financing two separate teams of investigators primarily from the United Nations, governments, searching for evidence needed to establish criminal and international, regional & civil society liability in any future war crimes trials… organizations, related to the prevention of mass atrocity crimes… International prosecutors accuse Kenya of withholding evidence against president

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