ICJ Media Review: Moinina Fofana, the first person convicted by the Special Court of Sierra Leone, has served out his sentence

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Saturday, June 2, 2018 - 07:25

By ICL Media Review

In this week's review, news about amicus submissions on the Rohingya crimes jurisdiction question, submissions invited from Sudan and Bashir in Jordan’s Art 87(7) appeal, the Central African Republic Special Court, first person convicted by the Special Court of Sierra Leone serves out his sentence, the Oneissi witness summary, Ntaganda’s closing brief schedule and more

Moinina Fofana, the first person convicted by the Special Court of Sierra Leone, has served out his sentence

On 28 May, the sentence of ex-Sierra Leone militia leader Moinina Fofana concluded. Mr. Fofona served 15 years after being convicted of war crimes for his role as leader of a paramilitary unit that killed civilians during the conflict between 1991 and 2002. He was conditionally released in 2015 after serving two-thirds of his sentence, but taken into custody in 2016 for breaching the conditions of his release. Mr. Fofana’s release is significant as he is the first person convicted by the Special Court of Sierra Leone to serve out their full sentence. (ScoopChannel News Asia)

ICC judges grant two amicus curiae submissions on Rohingya crimes jurisdiction question

This week, the ICC’s Pre-Trial Chamber I granted at least two requests to provide amicus curiae submissions on the issue of whether the Court may exercise jurisdiction over the alleged deportation of more than 670,000 members of the Rohingya people from Myanmar into Bangladesh. In two decisions, the PTC found that members of the Canadian Partnership for International Justice should be permitted to submit observations in light of their experience on issues of international criminal law, human rights law, refugee law, migration and humanitarian law, and that the International Commission of Jurists’ request should be granted in light of its composition of jurists, representing different justice systems, and its experience working to improve human rights and the rule of law in Asia. The PTC set 18 June as the deadline for the amicus submissions. (ICC PTC DecisionICC PTC Decision)

ICC Appeals Chamber invites submissions from Sudan and Mr. Al Bashir

In the matter of the Prosecutor v Omar Al Bashir, the ICC Appeals Chamber has invited submissions from the Republic of Sudan and Mr. Al Bashir to respond to legal issues raised by the Hashemite Kingdom of Jordan (Jordan). The appeal follows the finding by Pre-Trial Chamber II that Jordan had failed to comply with its obligations under the Rome Statute to arrest Mr. Al Bashir while he was in the country in March 2017. The Pre-Trial Chamber had referred the matter to the Assembly of States Parties and the Security Council. Jordan’s submissions raise issues concerning Mr. Al Bashir position as a sitting president. The Appeals Chamber has noted its ultimate decision will likely have implications beyond this case and called for further submissions. Warrants for the arrest of Mr. Al Bashir were issued by the ICC on 4 March 2009 and 12 July 2010 in regards to multiple counts of crimes against humanity, war crimes, and genocide. (ICCSudan Tribune)

Special Criminal Court in the Central African Republic due to start probe

The Special Criminal Court, established in the Central African Republic (CAR) to try alleged crimes against humanity and war crimes in the country between 2003 and 2015, is due to commence its investigations next week. The Court was agreed to in 2015 but has only recently become operational. The International Criminal Court has been investigating the situation in CAR since 2012. Najat Rochdi, the UN humanitarian coordinator in CAR, claimed that arrests had already begun, with the cooperation of UN police and local authorities. (Thomson Reuters)

Oneissi defence submit summary of Witness General’s expected testimony

In the main case before the Special Tribunal for Lebanon, Prosecutor v Ayyash et al., the Defence for Hussein Hassan Oneissi filed a summary of the facts to which General Jamil El Sayed is expected to testify. According to the Oneissi Defence, General El Sayed’s testimony will, inter alia, provide context regarding Lebanese politics, including Syria’s approval of Rafik Hariri as prime minister of Lebanon in 2000, describe the increased tensions in 2003-2004 regarding the presidential election, and the negotiations regarding an extension of President Lahoud’s mandate.  Further, General El Sayed is expected to describe the evolution of Hariri’s relationship with Hezbollah, and to refute allegations that, at an alleged August 2004 meeting between Hariri and Syrian President Assad, Assad told Hariri that he would “break Lebanon” on Hariri’s head if Lahoud’s mandate was not extended. (STL Oneissi Defence FilingSTL Oneissi Defence Annex to Filing)

ICC Trial Chamber issues decision on request for extension for filing Ntaganda closing brief

In the case of The Prosecutor v. Bosco Ntaganda at the ICC, Trial Chamber VI partially granted a request by the Defence for an extension of time in which to file its closing brief, granting an extension of two weeks rather than the three weeks requested. The Ntaganda Defence had argued for an extension on multiple grounds, including that the final list of admitted exhibits was only recently finalised, it was expected that transcript corrections and translations would proceed slowly and that there was a backlog of work faced by a relatively small defence team. Recalling that the schedule for filing closing briefs was set more than five months ago, the Trial Chamber nevertheless acknowledged the back-loading of the Defence team’s workload, an issue compounded by staff attrition. It set the deadline for the Defence closing brief to 2 July 2018. (ICC TC Decision)

African Court on Human and Peoples’ Rights delegation visits ICC

On 28 May, judges from the African Court on Human and Peoples’ Rights visited the International Criminal Court (ICC) to meet with the ICC President, Prosecutor, and Registrar. The delegation included the Court’s President, Judge Sylvain Ore, five other judges and the Deputy Registrar. The aim of the visit was to strengthen the relationship between the two courts. The groups discussed substantive jurisprudence, challenges relating to the investigation and trying of international crimes and the need for domestic cooperation and implementation of the courts’ decisions. (ICC)

Organization of American States report alleges crimes against humanity in Venezuela

The Organization of American States (‘OAS’) released a report implicating the governmental officials, security forces and police of Venezuela in widespread and systematic attacks against protestors. The secretary-general of the OAS, Luis Almagro, stated that the report is accompanied with “a mountain of supporting evidence” collected by experts and is intended to be used for possible prosecution. According to the report, since 2014 pro-government security forces, known as the “collectivos” have allegedly murdered 131 protesters. It states that more than 12,000 persons have been arbitrarily detained including more than 1,300 political prisoners. The report also identified 8,292 extrajudicial executions since 2015. The report is based on the accounts of 26 witnesses who testified over five hearing sessions held at the OAS, documents from victims and reports prepared by NGOs and other international organizations. The report has been released after the ICC Prosecutor opened preliminary investigations into the situation in Venezuela on 8 February 2018. The ICC Prosecution is already set to investigate the crimes alleged in the OAS Report, namely crimes against humanity reportedly committed by the Venezuelan security apparatus in the context of the anti-government demonstrations since at least April 2017. Venezuela joined the ICC in 2002 as the first Latin American state. (Deutsche WelleABC News)

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Tuesday, June 19, 2018 - 06:56
Anonymous
Mealmaker

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Tuesday, June 19, 2018 - 06:52
Anonymous