In this week’s review, news about the decision on ICC Judge disqualification, a communication to the ICC on Yemen, possible war crime on Libyan migrant centre, new evidence of war crimes in Myanmar and more
Plenary of ICC Judges dismisses the request for disqualification of Judge Marc Perrin de Brichambaut
A Plenary of ICC Judges has dismissed the Al-Hassan Defence request for disqualification of Judge de Brichambaut. A reasoned decision on the dismissal will follow. The request required a quick resolution due to the upcoming Confirmation of Charges hearing, which is scheduled for 8 July 2019. In a motion dated 14 June 2019, the Defence argued that the implications of the judge’s academic and political engagements warrant his disqualification from the case. Its main arguments were based on the judge’s professional membership in societies which have an inclination towards France’s military objectives, and his pronouncements on the fact of the case, which arguably pertain to contentious and not yet adjudicated facts. In its view, “Judge Brichambaut continues to wear the hat of a French political-military advisor, whilst ensconced in the robes of an ICC judge.” The Prosecution, although in limited stance, agreed with the Defence. Judge de Brichambaut had dismissed the claims as baseless. (ICC)
Iranian Center for ICL requests ICC preliminary examination into Yemen
On 1 July, the Iranian Center for International Criminal Law (ICICL) filed a request to the Office of the Prosecutor of the International Criminal Court (ICC), under Article 15 of the Rome Statute requesting the Prosecutor to open a preliminary examination into war crimes allegedly committed during the ongoing non-international armed conflict in Yemen. The request has called for a preliminary examination into alleged war crimes committed on the territory of Yemen by the Saudi-led coalition, including intentionally directing attacks against civilians; intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian assistance missions; attacks against buildings dedicated to hospitals and places where the sick and wounded are collected and; intentionally directing attacks against protected objects. Yemen has been in the grip of conflict since 2011, however, the request specifies the examination of acts committed since the coalition became involved in 2015. Yemen is not a State Party to the ICC and the court, therefore, lacks territorial jurisdiction over the crimes. However, the request asserts that the ICC has personal jurisdiction on the basis of British and Jordanian nationals involved. Both Jordan and the United Kingdom are parties to the Rome Statute. Jordan is one of the members of the coalition and the request alleges that the UK has been supplying the Coalition with weaponry and intelligence information. (ICICL)
UN Human Rights Chief Says Airstrike on Libya Detention Center May Constitute War Crime, investigation ordered
UN High Commissioner for Human Rights, Michelle Bachelet, has said that the airstrike on a Libyan detention centre for migrants and refugees may constitute a war crime. At least 44 people were killed and around 130 people were injured in the strike, which occurred in the context of fighting between the UN-recognised Libyan Government and forces loyal to General Khalifa Haftar. Both parties to the conflict knew the location of the detention centre and that it contained civilians, and Ms Bachelet has urged them “to abide by their obligations under international humanitarian law, and to take all possible measures to protect civilians and civilian infrastructure.’ It is not clear which side is responsible for the strike and the IOM, UNHCR and Ms Bachelet have called for an independent investigation. (UN News, NY times)
Special Rapporteur Finds Evidence of New War Crimes in Rakhine State, Myanmar
The UN Special Rapporteur on Myanmar, Ms Yanghee Lee, has said that Government forces may have ordered a telecommunications blackout in the Rakhine and Chin states, in order to commit human rights violations in secret. Government forces there are currently fighting the Arakan army, a separatist group fighting for greater autonomy for Rakhine’s ethnic buddhists. Ms Lee said that both sides to the conflict have reportedly engaged in human rights abuses and ‘the impact on civilians is devastating.’ Mr Kyaw Mo Tun, permanent representative of Myanmar to the UN, said that the Government is trying to bring about reconciliation and denied any restriction on internet use. ICC Prosecutor Fatou Bensouda has notified Judges that she will seek authorisation to open an investigation into the situation in Myanmar, to examine crimes connected with two waves of violence in the Rakhine State. (Al Jazeera, ICC)
Nigeria pledges support for ICC
Nigerian President Muhammadu Buhari has said that Nigeria will continue to support the ICC in fulfilling its mandates, during a visit by ICC President Judge Chile Eboe-Osuji. President Buhari appealed to developed countries to take the ICC “more seriously in order to strengthen the rule of law and democracy” and commended the judge for his achievements. Judge Eboe-Osuji is a Nigerian national who was appointed as President of the ICC in 2018. (Punch)
US Navy Seal accused of war crimes is found not guilty
A San Diego military court has found Special Operations Chief Edward Gallagher not guilty of war crimes allegedly committed in Iraq. Gallagher was charged with first-degree murder for allegedly stabbing a 17-year-old ISIS militant in a US military hospital, causing him fatal injuries. He was also charged with the attempted murder of civilians in Iraq. He was further charged with posing over a dead body of the militant. The military jury composed of five marines and two sailors convicted him of posing with the corpse but acquitted him of all other charges due to insufficient evidence proving his guilt. Some of the Seals stated that Gallagher admitted to killing the ISIS militant, including posting a picture with a caption admitting the stabbing. In a reportedly controversial testimony, military medic Corey Scott testified Gallagher unexpectedly stabbed the ISIS militant, but the stab wounds were not life-threatening. Scott confessed to unplugging the air tube, stating “he would die anyway”. Scott was protected by immunity prior to his testimony. The maximum sentence Gallagher would have faced for posing with a corpse was four months. However, as he had already spent nine months in pre-trial confinement, he was set free. The investigation commenced after Seals from his platoon reported the crimes he was charged with. He was often seen with a knife, accused of killing civilians and threatening to kill Seals for reporting him. The senior military officials and investigators were accused of letting the evidence grow cold and adhering to silence. Despite the not guilty verdict, he could still be facing administrative punishment from the Navy, including a discharge. (NY Times, BBC)
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