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21 Dec 2011 - NPWJ News Digest on International Criminal Justice
Articles
ICTR appeals chamber reduces Bagosora, Nsemgiyumva's life sentences
Hirondelle News Agency , 21 Dec 2011
The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) Wednesday 14 December 2011 reduced to 35 years the life imprisonment sentence imposed on the Tribunal's most prominent detainee, Colonel Théoneste Bagosora, for genocide, crimes against humanity and war crimes.
"The Appeals Chamber sets aside the sentence of life imprisonment imposed on Bagosora by the Trial Chamber, and, Judges (Faustor Pocar and Liu (Dagun) dissenting, imposes a sentence of 35 years of imprisonment," announced presiding Judge Theodor Meron.
In the same judgment, the Chamber also reduced the life imprisonment sentence imposed on Lieutenant Colonel Anatole Nsengiyumva to 15 years imprisonment after granting his several grounds of appeal to fault the Trial Chamber's findings regarding his role in the 1994 genocide.
UN tribunal reaffirms decision to refer pastor’s case to Rwandan court system
UN News Center, 20 Dec 2011
The United Nations tribunal trying suspects connected to the 1994 genocide in Rwanda has dismissed an appeal by a former pastor, Mr Uwinkindi, accused of inciting attacks against Tutsi civilians at Kayenzi church, in the Biyimana and Rwankeli administrative areas and in Cyugaro’s swamps, reaffirming its decision to refer him for trial in the national court system.
On 28 June, the International Criminal Tribunal for Rwanda (ICTR) referred Mr. Uwinkindi’s case to Rwanda, marking the first time in the tribunal’s history it has done so.Mr. Uwinkindi’s appeal was overturned on Friday as the tribunal judges said they were convinced that Rwanda possesses the ability to accept and prosecute the case.
Mr. Uwinkindi’s appeal was overturned on Friday as the tribunal judges said they were convinced that Rwanda possesses the ability to accept and prosecute the case.The ICTR’s referral chamber expressed “its solemn hope that the Republic of Rwanda would actualize in practice the commitments it made in its filings about its good faith, capacity and willingness to enforce the highest standards of international justice.”
It also requested that the registrar appoint representatives of the African Commission on Human and People’s Rights to monitor Mr. Uwinkindi’s trial in Rwanda and determined that the commission should bring to the ICTR’s attention any potential issues that may arise during the proceedings.
Execution of arrest warrants vital for ending crimes in Darfur, says ICC Prosecutor
UN News Center, 20 Dec 2011
The Prosecutor of the International Criminal Court (ICC) renewed his call for the arrest and transfer of those alleged to have committed genocide and crimes against humanity in Darfur, citing the need to protect millions of lives in the troubled Sudanese region.Since it took up the situation in Darfur in 2005, the court has issued arrest warrants for Sudanese President Omar al-Bashir for genocide, crimes against humanity and war crimes, as well as then government minister Ahmed Harun and Janjaweed leader Ali Kushayb.
“The execution of the arrest warrants will end the crimes in Darfur,” Luis Moreno-Ocampo said in his briefing to the Security Council. “The individuals sought by the court are still allegedly committing genocide and crimes against humanity in Darfur.”
Mr. Moreno-Ocampo noted that the Sudanese Government has repeatedly failed to carry out the arrest warrants. He also noted that Malawi, a State party to the ICC, recently refused to arrest Mr. al-Bashir when he visited the country.
State Elect Six New Judges
Hirondelle News Agency , 20 Dec 2011
On December 12-16, after 15 rounds, the Assembly of State Parties elected six new judges out of 18 candidates, representing a third of the Court's full slate of 18 judges.
They are, Miriam Defensor-Santiago (the Philippines), Anthony Thomas Aquinas Carmona (Trinidad and Tobago), Robert Fremr (Czech Republic), Olga Venecia Herrera Carbuccia (Dominican Republic), Howard Morrison (United Kingdom) and Chile Eboe-Osuji (Nigeria).
The new judges will take office on March 11, 2012 to serve a nine-year mandate.
The Hague: Prosecutors Lose Appeal to Retain Rwandan Suspect
New York Times , 20 Dec 2011
Judges at the International Criminal Court refused on Monday to block the release of a Rwandan rebel, , Callixte Mbarushimana, whom prosecutors accuse of involvement in deadly attacks by a Hutu militia on villages in the Democratic Republic of Congo in 2009.
The judges had ordered the release of the suspect on Friday after dismissing all charges against him for lack of evidence. Prosecutors said then that they would appeal the ruling and asked the court to delay Mr. Mbarushimana’s release.
ICC Budget cuts may halt probes in mass rapes:
Radio Netherlands Worldwide, 19 Dec 2011
Mr Moreno-Ocampo was speaking at the Assembly of States Parties at the ICC’s headquarters, an annual meeting of the 120 member countries. The 2012 budget dominated the agenda in New York.
Mr Moreno-Ocampo said he may have to halt probes into alleged mass rapes and killings by Muammar Gaddafi's forces in Libya, and by forces loyal to former Ivory Coast president Laurent Gbagbo.
"If they decide to reduce the budget, there will be fewer cases and fewer investigations," said Mr Moreno-Ocampo. He also expressed fears that with a reduced budget, the court would appear less impartial. "We are public servants so we deal with it in accordance with the rules and the budget,” he added
Judges order immediate release of Callixte Mbarushimana
Hirondelle News Agency , 16 Dec 2011
Judges at the International Criminal Court (ICC) Friday evening refused to confirm the charges brought by the Prosecution against Callixte Mbarushimana. The Rwandan computer scientist was suspected of crimes against humanity and crimes of war allegedly committed in 2009 and 2010 by a militia he supported in Eastern DRC through written statements published in Paris. The Chamber ordered his immediate release.
"The evidence submitted by the Prosecution is not sufficient to establish substantial grounds to believe that the Suspect encouraged troops' morale through his press release and radio messages", the judges stated.They added that "most of these press releases and speeches only contained words of encouragement and praise for the troops, homage and tributes to the FDLR leaders and combatants, or more broadly, optimistic commentary as to the prospective fate of the FDLR's struggle".
Prosecutor Luis Moreno Ocampo, who had brought the charges against Mbarushimana requested the right to appeal the case.
Gaddafi's death could amount to a 'war crime', ICC says
The Telegraph, 16 Dec 2011
Luis Moreno-Ocampo, International Criminal Court Prosecutor said he had sent a letter to the National Transitional Council in Libya asking what the government's plans are to investigate alleged war crimes by all parties, including the rebels.
He said: "The death of Muammar Gaddafi is one of the issues to be clarified - what happened - because there are serious suspicions that it was a war crime."
