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songBy MARISSA GOLDFADEN

On Tuesday, 12 February, Columbia University World Leaders Forum hosted International Criminal Court (ICC) President, Judge Sang-Hyun Song, for an address titled The International Criminal Court and the Fight Against Impunity for Atrocity Crimes. University President Lee C. Bollinger gave the opening remarks, wherein he spoke of the electoral violence that wracked Kenya in December 2007. During that time, more than 1,000 people died and 600,000+ Kenyans became internally displaced.  As a result, four individuals accused of crimes against humanity–Deputy Prime Minister Uhuru Kenyatta, Cabinet Secretary Francis Muthaura, Education Minister William Ruto, and radio executive Joshua Sang–are due to stand trial this spring at the ICC. Regardless, Kenyatta is running for president in next month’s elections in Kenya.

Judge Song began his speech with a brief personal background, before delving into the titular topic. He stated that the fight against impunity for atrocity crimes is far broader than the ICC, though the ICC is at the forefront. Believing that law is the best tool for prevention, he also stressed the importance of the UN, states, and civil society working together to end impunity. The UN and the International Court of Justice were created in the aftermath of World War II; together with the Nuremberg and Tokyo tribunals, the seeds of international criminal justice were planted. However, it soon took a backseat to the Cold War. The field further developed as a result of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY) in the 1990’s. The Rome Statute was negotiated in 1998 and entered into force in 2002. 

To date, the ICC has tried individuals from DRC, Uganda, the Central African Republic, Sudan, Kenya, Libya, Cote d’Ivoire, and Mali. In 2017, the Court’s jurisdiction will expand to include the crime of aggression. Because peace and justice are interlinked, Judge Song spoke of the mutually reinforcing relationship between the United Nations Security Council (UNSC) and the ICC. Darfur and Libya were both referred to the ICC by the UNSC, but the use of UN funds was prohibited. The UNSC can limit or expand the jurisdiction of the ICC, which bears judicial responsibility, while states are responsible for enforcement. Aside from the issue of money, the UNSC needs to take a more consistent and vigilant approach. 

The ICC is a court of last resort and in order to strengthen national justice systems, Judge Song said development agencies need to be involved. The UN is also in a unique position, as it can advance the rule of law throughout the world. The ICC is not a hierarchical institution. All judges and prosecutors are independent and their own bosses. To carry out its mandate, the ICC must maintain its independence and integrity and remain non-political. 

After discussing the above, the floor was opened for a Q&A session:

The first question was in regards to Kenya, and how the ICC plans to proceed with its trials without local support and cooperation. Judge Song said the cases will begin in April as originally scheduled, and won’t be affected by the political processes, though logistics are not easy. The ICC constantly consults the host government on an array of issues.

The second question focused on the tension between international stands and sovereignty/non-member states. According to Judge Song, countries, perhaps most notably the United States, have their own reasons for their reluctance to sign onto the Court, including a fear of abuse of power by the prosecutors and a fear of unnecessary political influence by the UNSC. In terms of the US/President Obama, there is close cooperation on matter of mutual concern and intelligence sharing. Judge Song also noted that the US government dispatched military advisers to Uganda to aid in capturing Joseph Kony and other LRA members. The ICC endeavors to strengthen national capacities.

Finally, 1/3 of the 18 ICC judges must be women, but today, 11 out of 18 are, which may have some bearing on the development of jurisprudence. Obviously, there are no American judges so there is no American influence, such as the practice of witness proofing. Ad hoc tribunals have jurisdictional primacy over the ICC, which has a strong desire to develop its own jurisprudence.

Photo: bwog.com 

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Serbia: Goran Hadjic appears in court

Goran Hadzic, the last person wanted by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY), has made his first appearance before the court today after being arrested on July 20. He was required to submit a guilty or not guilty plea, but instead his lawyers asked for and received a thirty-day extension on this deadline. Hadzic was indicted on 14 counts of war crimes and crimes against humanity in 2004 for his role in the ethnic conflict that erupted in Croatia during the breakup of Yugoslavia.

From 1991 to 1993 Hadzic was leader of the Republic of Serbian Krajina (RSK), a group that fought for Serb independence from Croatia. During the fighting hundreds of civilians were killed and thousands displaced as RSK forces sought to clear about one third of the country of non-Serb ethnic groups in an attempt to establish a new state. The conflict was put to a halt only after a NATO intervention.

Hadzic’s 14 counts range from torture and unlawful imprisonment to persecution and murder of people of non-Serb ethnicity. He is also accused of helping to carry out the infamous Vukovar Massacre, in which 264 people, identified as wounded Croatian soldiers and non-Serb civilians, were removed from a hospital in the town of Vukovar and executed at a nearby farm.

Hadzic’s arrest comes only two-months after the arrest of suspected war criminal Ratko Mladic by Serbian police. Because the European Union has tied Serbia’s accession to the apprehension of all suspected war criminals, these arrests may have opened a new chapter in Serbian-EU relations by making the prospect of serious accession talks a real possibility. However, Belgrade denies that this was part of their motive. In a statement, Serbian president Boris Tadic said he believes the nation has finally “completed its most difficult chapter in cooperation with the ICTY.”

Photo: Associated Press

Sudan: New Drive for Darfur by Christian Engineers

The Affiliation of Christian Engineers has embarked on a new drive to obtain signatures on a petition against mass atrocities in Darfur. The ACE, a faith-based grassroots organization that is part of the Save Darfur Coalition, has been circulating a petition for over a year calling on the World Federation of Engineering Organizations (WFEO) and other engineering professional societies worldwide “to take actions necessary to: 1) stop the mass atrocities in Darfur and create a sustainable peace in the region, 2) protect civilians in Darfur as this happens, and 3) bring justice and accountability those most responsible for the mass atrocities in Darfur.” The ACE bases its petition on the engineering profession’s Code of Ethics, which stresses the responsibility towards “safety, health and welfare of the public.”

Citing the importance of oil in the political and security dynamics of Sudan, and the role that engineers play in locating, extracting, transporting, and refining Sudanese oil, the petition says “we will openly work to persuade all Engineers and Engineering societies around the world to influence those Engineers now working in Sudan to play a positive role in persuading the all parties to adopt the above objectives” and calls on members of the WFEO to use “their skills to help the people of Darfur, such as providing services to the refugee camps, medical professions, and those who are working to bring peace to the region.”

The new campaign, which is endorsed by genocide researcher Samuel Totten, seeks to gain backing from the International Association of Genocide Scholars.

Bosnia: 16th anniversary of Srebrenica massacre

July 11, 2011, marked the 16th anniversary of the 1995 Srebrenica massacre. The murder of more than 8,000 Bosniak Muslim men and boys following the fall of the town of Srebrenica marked one of the darkest moments of the 1992–95 Bosnian War. The town was supposed to be protected and disarmed by UN peacekeepers after being declared a safe haven in 1993, but Bosnian Serb troops captured the town and rounded up the refugees who had sought UN protection before systematically killing the men and boys and raping the women.

This week, Bosnians from all over the world gathered to commemorate the massacre, marching along the escape route and praying at mass graves along the way. An important part of each year’s commemoration is the burial of bodies found in mass graves and identified through DNA testing. This year, 613 victims, the youngest of whom was 11 years old, were newly identified, bringing the total number of named victims to 6,481. This year’s commemoration was also attended by the president of Croatia and the Bosniak and Croat members of Bosnia and Herzegovina’s three-way presidency.

This year’s anniversary falls amid the capture of Ratko Mladic, commanding general of the Bosnian Serb forces that committed the massacre, and a Dutch court’s ruling holding the Dutch government responsible for the Dutch peacekeeping force’s expulsion of Srebrenica refugees from the UN compound under pressure by Bosnian Serb forces. Mladic is currently on trial at the ICTY, while the Dutch court ordered the Dutch government to compensate the plaintiffs.

In related news, the “Mapping Genocide” project became public last Friday. The 17 maps in the interactive online project track events before, during, and after the fall of Srebrenica, giving viewers access to documents, profiles, reports, and videos related to the massacre. The project, produced by the Sarajevo-based Youth Initiative for Human Rights, was put together based on material provided by the UN and the Bosnian Serb government as well as the ICTY’s rulings.

Image: Engineers Petition for Darfur

Bosnia: Mladic appears before ICTY again

Ratko Mladic, the commander of the Bosnian Serb army, yesterday appeared for the second time before the International Criminal Tribunal for the former Yugoslavia. The hearing was marked by heated exchanges between Mladic and the presiding judge, Alphons Orie of the Netherlands. His indictment on 11 charges—including genocide, persecution, and deportation—stems from his leadership of the Bosnian Serb army during the 1992-95 war, including the July 1995 Srebrenica massacre. In court yesterday, Mladic said he would not enter a plea without the presence of his Serbian and Russian lawyers, while the court said the Serbian attorney was not qualified to represent Mladic since he does not speak English. On Sunday, Agence France-Presse had reported that Mladic planned to boycott the hearing as a protest against issues with his representation. After Mladic’s expulsion, the judge entered pleas of not guilty on all 11 charges, but did not set a date for his next court appearance.

Laws of War: Crisis Group president Louise Arbour delivers speech

Louise Arbour, former UN High Commissioner for Human Rights and current president of the International Crisis Group, delivered the annual Kirby Lecture at the Australian National University on June 23. Titled “The Laws of War: Under Siege or Gaining Ground?” the speech examined the current state of international humanitarian law and the laws governing warfare.

Arbour noted that international law regarding the conduct of war has come under attack from both sides, one arguing that traditional laws of war constrain governments’ ability to fight asymmetric wars against terrorists or insurgents, the other arguing that international law gives too much leeway to states that inflict civilian casualties. While Arbour acknowledged important gaps in international humanitarian law, she said some criticisms were a result of the law’s greater effectiveness in recent years in holding perpetrators of atrocities accountable and the desire of some states to avoid being held accountable for their actions.

Arbour noted that armed conflict has changed dramatically since international treaties like the Geneva Conventions were formulated. It is not always clear whether military, counterinsurgency, and counterterrorism operations against non-state actors can be considered acts of war, which means they need to be evaluated on a case-by-case basis to determine how they should be governed under international and domestic laws. However, even if non-state actors violate laws governing warfare, Arbour argued that states should abide by them, especially when it comes to protecting civilians. Non-state violators can be held accountable through the criminal process, whereas states are still bound by their obligations under those treaties.

Even if asymmetric warfare has made it more difficult to distinguish between civilians and combatants, Arbour said today’s criteria remained useful, relevant, and necessary: “The current formulation does allow for the targeting of ‘civilian combatants’ when they are engaged in hostilities. To expand humanitarian law to allow the targeting of those civilians not directly involved in hostilities would be a dangerous step, and would entirely undermine the rationale of civilian protection.”

Arbour noted the continuing debate over what constitutes excessive civilian casualties, with one side arguing that any restriction on civilian casualties is too restrictive and the other that current laws of war allow too many civilian casualties. She said that current laws struck a proper balance between “military and humanitarian imperatives,” and that clearer standards would develop over time.

Finally Arbour discussed the concept of “lawfare”—the “use or the abuse of laws of war as a military tool.” While she cautioned against the manipulation of law for political aims, she also highlighted international humanitarian law’s potential to play a major role in protecting civilians and prevent conflict if implemented and enforced properly, and warned against attempts to cast aside or radically revise the current system of international humanitarian law.

Photo: The Guardian

Tensions are running high between Armenia and Azerbaijan, who have yet to resolve the conflict dating back to the Nagorno-Karabakh war of the late 1980s and early 1990s. Despite a 1994 ceasefire and rounds of internationally mediated negotiations, the two countries have not arrived at a permanent settlement and are currently engaged in a military buildup. Ceasefire violations by both sides and frustration resulting from lack of a clear resolution have led many Azeri refugees displaced by the conflict to consider war as a viable policy option and to engage in what appears to be military training.

Amnesty International issued a report on Friday urging Rwandan authorities to finish reviewing their “genocide ideology” law to ensure it does not contravene Rwanda’s obligations under international human rights law. Amnesty says the law, enacted in October 2008 to prevent a repeat of the 1994 genocide, is too broad and abstract, which leads it to be used to stifle political dissent and limit freedoms of speech and expression, including legitimate criticisms of current Rwandan policies by opposition politicians, journalists, and human rights activists. Rwandan officials responded to the allegations, saying Amnesty had “chosen to misrepresent reality in an inaccurate and highly partisan report.”

Ratko Mladic, the former Bosnian Serb military commander, appeared on Friday before the International Criminal Tribunal for the Former Yugoslavia (ICTY) for the first time since his May 26 arrest. Responding to the 11 counts against him, including genocide, extermination and murder, and terrorism, he called the charges “obnoxious” and “monstrous” and declined to enter a plea. Mladic, who spent much of the hearing discussing his ill health, will appear before court again on July 4.

Image: Kiva Stories from the Field

Former commander of the Bosnian Serb army, Ratko Mladic, was captured in Serbia on May 26 after evading arrest for almost 16 years. He is awaiting transfer to The Hague, where he will stand trial before the International Criminal Tribunal for the former Yugoslavia (ICTY). He faces charges of genocide in connection with the massacre of up to 8,000 Muslim men and boys in Srebrenica in July 1995. His capture is a positive step towards ending impunity for genocide, Al Jazeera reported.

Bernard Munyagishari, a former Hutu militia leader suspected of masterminding the Rwandan genocide, was arrested in the Democratic Republic of Congo after evading capture for nearly 17 years. He is wanted on charges of genocide and crimes against humanity, including rape. “The prosecutor [Justice Hassan Bubacar Jallow] hailed the DRC authorities for their co-operation in executing the warrant of arrest, despite the hurdles encountered in tracking down the fugitive,” the International Criminal Tribunal for Rwanda (ICTR) said. The ICTR indictment states that Munyagashari helped prepare and plan the 1994 genocide.

Satellite images provided by the Enough Project have confirmed that the Sudanese government has been attacking Abyei. “Images show the destruction of a southern-aligned base at Todach by tanks or other armored vehicles, fires burning at the town of Dungop, and the presence of northern attack aircrafts and bombers capable of reaching Abyei town within an hour. Images also show that a former Misseriya encampment at Goli has largely been vacated, confirming reports of Misseriya movements further south.” The Satellite Sentinel Project produced a ‘human security crisis alert’ detailing their findings.

Photo: BBC.co.uk

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