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25 Jan 2012 NPWJ News Digest on international criminal justice
NPWJ press release
ICC: NPWJ welcomes ICC ruling to commence trials for Kenyan post-election violence
NPWJ, 23 Jan 2012
The Pre-Trial Chamber II of the International Criminal Court (ICC) ruled today that of the six individuals charged with crimes against humanity allegedly committed during the post-election violence in Kenya that began in December 2007, four will be committed to full trial, namely William Samoei Ruto, Joshua Arap Sang, Uhuru Muigai Kenyatta and Francis Kirimi Muthaura. Among the charges confirmed are murder, deportation and forced displacement, persecution, rape and sexual violence and other inhumane acts. The Pre-Trial Chamber II has determined that the evidence brought in the cases of Henry Kiprono Kosgey and Mohammed Hussein Ali is insufficient to support the charges, therefore these two cases will not proceed to trial at this stage.
Statement by Alison Smith, Legal Counsel of No Peace Without Justice:
“No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) welcome Pre-Trial Chamber II’s decision to confirm charges against four individuals for crimes committed during the post-election violence in Kenya, which left over one thousand people dead and displaced hundreds of thousands. The decision to launch full trials against four of the six individuals charged is a monumental step toward the achievement of justice for Kenyans. Impunity for political violence has been the norm in Kenya for far too long and this ruling by the ICC demonstrates that crimes against humanity must never go unpunished.
“This ruling is especially significant in light of the political involvement and influence of the individuals charged, among whom are two candidates for the 2012 Presidential elections: Uhuru Kenyatta and William Ruto. The commencement of trials of these two politicians signifies to the international community that no one is exempt from justice – regardless of identity, political affiliation or power. It also signifies that the days of rewarding violence with political power are over.
NPWJ in the news
Top Kenyans on trial - ICC Prosector congratulates Nairobi
Richard Walker, Radio Netherlands Worldwide, 24 Jan 2012
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Sobering
Often accused of being too political in its decision-making, the ICC Office of The Prosecutor was congratulated by civil society today for facilitating a judicial process free of political pressure. “The decision is significant … in that this is the first time in Kenyan history you’ve seen a process like this that is free of political interference,” Comfort Ero, Africa Program Director for the International Crisis Group, told RNW. “What is clear is that today’s announcement will have a sobering effect on the Kenyan political landscape.”
The post-election violence of 2007 left over 1,000 people dead and displaced hundreds of thousands. The calls from rights groups to properly address the crimes committed are so far being answered. “Impunity for political violence has been the norm in Kenya for far too long, and this ruling by the ICC demonstrates that crimes against humanity must never go unpunished,” said Alison Smith, Legal Counsel of No Peace Without Justice. “This ruling is especially significant in light of the political involvement and influence of the individuals charged, among whom are two candidates for the 2012 Presidential elections: Uhuru Kenyatta and William Ruto.”
As he was preparing to leave today's press conference, Moreno-Ocampo was asked if arrest warrants for the four suspects would be issued. He answered that up until now the suspects had cooperated fully with the court and that ICC judges would decide if arrest warrants were necessary. Whether the Chief Prosecutor’s words of conciliation will be enough to prolong that spirit of cooperation remains to be seen.
Prozesse gegen kenianische Top-Politiker in Den Haag
Europe Online Magazine, 23 Jan 2012
Vier Spitzenpolitiker aus Kenia kommen vor den Internationalen Strafgerichtshof. Sie sollen verantwortlich sein für Morde und Vergewaltigungen während der blutigen Ausschreitungen nach den Wahlen 2007.
Den Haag/Addis Abeba (dpa) - Rund vier Jahre nach den blutigen Unruhen in Kenia will der Internationale Strafgerichtshof in Den Haag (IStGH) vier Spitzenpolitikern des ostafrikanischen Landes den Prozess machen. Ihnen wird vorgeworfen, massenweise Morde, Vergewaltigungen und Vertreibungen organisiert und geschürt zu haben, die Kenia nach den Präsidentenwahlen Ende 2007 erschüttert hatten. Das Touristenland war damals an den Rand eines Bürgerkriegs geraten. Zu den Angeklagten gehört auch Kenias Vize-Ministerpräsident Uhuru Kenyatta.
Menschenrechtsorganisationen begrüßten den Schritt des Gerichts. «In Kenia war die Strafffreiheit für politische Gewalt viel zu lange Normalität», sagte Alison Smith, Rechtsberaterin von der Organisation No Peace Without Justice. «Die Entscheidung des IStGH zeigt, dass Verbrechen gegen die Menschlichkeit nicht ungesühnt bleiben dürfen.»
Auch Amnesty International (AI) begrüßte die Entscheidung. Es müsse aber auch in Kenia selbst Gerichtsverfahren gegen Verbrecher aus der zweiten und dritten Reihe geben. «Das sind nur vier Individuen. Tausende Menschenrechtsverletzungen, von denen einige als Verbrechen gegen die Menschlichkeit gewertet werden könnten, ereigneten sich während der Zeit nach der Wahl, und tausende Opfer warten noch auf Gerechtigkeit», sagte Justus Nyang‘aya, AI-Direktor in Kenia. «Es ist entscheidend, dass die kenianischen Behörden Ermittlungen einleiten.»
Four Kenyans to stand trial - ICC
AfricaNews Monitoring Team, 23 Jan 2012
The International Criminal Court (ICC) has ruled that four senior Kenyan officials are to stand trial over violence after the 2007 election. The four - deputy prime minister Uhuru Muigai Kenyatta, ex-minister William Samoei Ruto, Francis Kirimi Muthaura civil service head and cabinet secretary and Joshua Arap Sang. They are to face charges on murder, deportation and forced displacement, persecution, rape and sexual violence and other inhumane acts.The court has however dropped cases against Henry kosgei and Mohamed Ali - the former police commissioner.
However, Samooei Ruto has stated that he is still in the presidential race for this year and has asked his supporters to be calm. According to AfricaNews reporter Joyce Wangui, Ruto has stated clearly that he is going to appeal against the ruling.
More than 1,200 people were killed in weeks of unrest after the 2007 poll in that country and some 600,000 people were forced to flee their homes.
The violence began as clashes between supporters of the two rival presidential candidates - Raila Odinga and Mwai Kibaki - but it snowballed into a bloody round of score-settling and communal violence.
Reactions
In a sharp reaction to the ruling by the International Criminal Court, Alison Smith, Legal Counsel of No Peace Without Justice (NPWJ issued the following statement:
“No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) welcome Pre-Trial Chamber II’s decision to confirm charges against four individuals for crimes committed during the post-election violence in Kenya, which left over one thousand people dead and displaced hundreds of thousands. The decision to launch full trials against four of the six individuals charged is a monumental step toward the achievement of justice for Kenyans. Impunity for political violence has been the norm in Kenya for far too long and this ruling by the ICC demonstrates that crimes against humanity must never go unpunished.
Read MoreArticles
French Senate passes Armenian genocide bill
CNN Wire Staff, 24 Jan 2012
The French Senate voted late Monday to criminalize any public denial of what new legislation calls the Ottoman Empire's genocide of Armenians, triggering fresh condemnation from modern Turkey.
Relations between France and Turkey have already deteriorated since the National Assembly -- the lower house of the French parliament -- voted to approve the bill in December. The Turkish government called Monday's vote "an example of irresponsibility" and vowed to "express our reaction against it in every platform."
ICC accepts Gaddafi son to be tried in Libya: minister
Reuters, 23 Jan 2012
The International Criminal Court accepts that Saif al-Islam Gaddafi will be tried in Libya rather than at the Hague-based court, Libyan Justice Minister Ali Khalifa Ashur said Monday.
Libya applied Friday to the ICC for Saif to be tried in a Libyan court. The ICC accepted," he told Reuters.
An investigation into the son of the overthrown Libyan leader Muammar Gaddafi had yet to finish but his trial date would be announced when it had been completed, Ashur added.
ICC Confirms Four Kenya Cases
By Blake Evans-Pritchard, 23 Jan 2012
Members of both political factions accused of responsibility for 2007-08 violence to stand trial.
A decision to bring four suspects to trial at the International Criminal Court, ICC, for inciting violence in Kenya in 2007-08 has been widely welcomed by rights activists in the country.
At a January 23 hearing in The Hague, ICC judges ruled that four senior Kenyan figures accused of inciting violence following the disputed presidential election of December 2007. Charges against two other suspects were dismissed for lack of evidence.
Yemen Legislators Approve Immunity for the President
By Laura Kasinof, 21 Jan 2012
Yemen’s Parliament approved immunity on Saturday to free President Ali Abdullah Saleh from prosecution, following through on a requirement in a deal for him to give up power. The lawmakers extended the legislation to grant immunity for politically motivated crimes committed by all officials working under Mr. Saleh, according to the state-run Saba news agency.
UN calls on Cambodia to appoint international judge to genocide court
UN News Centre, 20 Jan 2012
The United Nations today voiced concern at Cambodia’s decision not to appoint the current reserve judge as the new international co-investigating judge at the tribunal set up to try former Khmer Rouge leaders, saying it breaches the agreement that set up the court.
Yesterday the Government of Cambodia formally notified Secretary-General Ban Ki-moon of the decision not to appoint the current reserve international co-investigating judge, Judge Laurent Kasper-Ansermet, to the position of international co-investigating judge of the Extraordinary Chambers in the Courts of Cambodia (ECCC).
The African Union Can Contribute to the Future of International Criminal Justice in Africa
Jemima Njeri Kariri, 20 Jan 2012
Since the early 1990s, Africa has been the hub of international criminal justice. In 1994, following the crimes committed in Rwanda, an ad hoc international tribunal for Rwanda was set up to prosecute alleged perpetrators. Similarly, the Special Court for Sierra Leone was established to prosecute those who bore the greatest responsibility for crimes committed during that country's civil war. More recently, all the cases before the International Criminal Court (ICC) are from African situations.
These initiatives are primarily in response to conflict-related atrocities and are an effort to fight impunity. The operation of these institutions on the continent has not been without controversy and challenges. The ICC in particular has been labelled as targeting Africa for various reasons and the African Union (AU) has been at the forefront in responding to the work of the ICC in Africa.
From 23 - 30 January 2012, the AU will hold its 18th ordinary summit in Addis Ababa. The theme of the summit focuses on boosting intra-African trade. Previous AU summits have discussed international criminal justice in Africa, an issue that is not overtly provided for during this summit. However, the summit presents an important opportunity for the AU to count the value that Africa has contributed and can continue to contribute to international criminal justice in Africa in particular and to international criminal justice generally.
Mali agrees to open prisons to the International Criminal Court
BNO NEWS , 20 Jan 2012
Mali has become the first African country to agree to take in prisoners who have been convicted and sentenced by the International Criminal Court (ICC), the tribunal said on Friday.
The agreement was signed in Mali's capital of Bamako by Judge Fatoumata Dembele Diarra, First Vice-President of the ICC, and Malian Foreign Minister Soumeylou Boubeye Maiga. "Mali is the first state in Africa to conclude such an agreement with the ICC," the tribunal said.
Although the Hague-based court has yet to convict a single suspect, the agreement will allow ICC judges to send convicts to a prison in Mali to serve their sentence. The ICC previously also signed similar agreements with Austria, the United Kingdom, Belgium, Denmark, Finland, Serbia and Colombia.
UN names new adviser in Khmer Rouge trials
Channel6News, 18 Jan 2012
United Nations (UN) Secretary-General Ban Ki-moon on Wednesday designated David Scheffer of the United States as Special Expert to advise on the UN Assistance to the Khmer Rouge Trials (UNAKRT).
In a statement, the UN said Scheffer will be providing expert advice on UNAKRT during the critical phase for the Extraordinary Chambers in the Courts Cambodia (ECCC), which is set up under an agreement signed in 2003 by the UN and the Government.
