International Criminal Court

Proceedings will continue against LRA Leader Vincent Otti for attacks against civilians and the Government of Uganda

By: Wendy Neeley

Impunity Watch News Staff Writer

Kampala, UGANDA – The International Criminal Court (ICC) recently made a ruling on the case of Vincent Otti. The prosecution has made a “Renewed Request to Terminate Proceedings against Vincent Otti on Account of His death.”

Two men that survived the massacre and live with bullets still in their bodies. Photo Courtesy of Justice and Reconciliation Project.

A warrant for the arrest of Vincenti Otti was issued in July of 2005. The warrant of arrest cites Otti’s connections with The Lord’s Resistance Army (LRA). The LRA is an armed group that has been involved in attacks against the Government of Uganda and the Ugandan Army for over 30 years. The warrant alleges that the LRA is responsible for violence such as “murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly ‘recruited’ as fighters, porters and sex slaves.” Otti was included in the highest level of leadership for the LRA and he is charged with being criminally responsible for six attacks including one which is described as “hacking and shooting civilians.” He is also reportedly responsible for the Ataik Massacre of April 1995 during which LRA soldiers opened fire on 300 civilian men and boys while the women and children were required to watch and applaud the LRA.

However, in October of 2008, the prosecutors requested that the warrant for Otti be withdrawn and offered some preliminary information in support of the claim that Otti had died. Additionally, in March of 2022 the prosecution filed a request to terminate the proceedings against Otti based on his death. The prosecution claims that there is persuasive evidence that Otti was killed around October 2, 2007 in the Democratic Republic of Congo. The prosecution supplemented the claim in May 2022 based on information obtained from the Government of Uganda indicating that Otti was deceased. The evidence presented to the Court include witness statements, reports from media, and interviews from some Ugandan authorities.

However, in considering the evidence the court determined that it is not significant enough to prove the death of Otti. They indicate that there has been no body discovered and no official death certificate issued. As such, the Court determined that it would not be appropriate to terminate the proceedings against Otti and the prosecution’s request was rejected.

 

For further information, please see:

International Criminal Court – Decision on the Prosecution’s ‘Renewed Request to Terminate Proceedings against Vincent Otti on Account of His Death’ – 10 Dec. 2022

International Criminal Court – Warrant of Arrest for Vincent Otti – 8 July 2005

Liu Institute for Global Issues and the Gulu District NGO Forum – The Justice and Reconciliation Project: Field Notes, Remembering the Ataik Massacre April 20th 1995 – 04 Apr. 2007

NTV – How Vincent Otti’s son came to terms with his family’s history – 29 May 2021

ICC Prosecutor Releases Statement after Arrest and Extradition of Key Suspects of Trafficking Crimes in Libya

By: Sallie Moppert

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On October 5, 2022 and October 12, 2022, two Eritrean men were arrested in Ethiopia and extradited to the Netherlands and Italy, respectively, to face charges for crimes against victims of human trafficking and human smuggling in Libya. Both arrests come after years of investigations and cooperation between international agencies.

Ghebremedhin Temesghen Ghebru is escorted back to Rome by members of the Service for International Police Cooperation after being arrested and extradited. Photo courtesy of L’Unione Sarda.

On October 5, 2022, an unnamed 38 year-old Eritrean man was extradited to the Netherlands from Ethiopia following a prolonged investigation between the Dutch Public Prosecution Service and the Royal Netherlands Marechaussee. One week later on October 12, 2022, Ghebremedhin Temesghen Ghebru, a 35 year-old from Eritrea, was extradited to Italy from Ethiopia after a year-long investigation conducted by the Polizia di Stato and the Palermo Prosecutor’s Office. Both individuals were arrested in connection with human smuggling from Africa to Europe. The smuggling victims were subjected to brutal violence while in camps in Libya and were also forced to endure beatings, starvation, sexual violence, and extortion.

“The arrest and extradition of those two suspects are of significant importance in the work that Italy and the Netherlands are doing to hold perpetrators accountable for crimes targeting migrants,” said International Criminal Court (“ICC) Prosecutor Karim A.A. Khan QC. “I commend the authorities in both countries for their meticulous and effective investigative work as well as the Ethiopian authorities for their decisive action. These criminal investigations also benefitted from the support provided by the United Kingdom of Great Britain and Northern Ireland, Europol, and Interpol, among others.”

The illegal human trafficking and smuggling network that Ghebru was one of the leaders of operated between Central Africa in Eritrea, Ethiopia and Sudan; (Eritrea, Ethiopia, Sudan), the Maghreb region of Africa, specifically Libya; and in Italy and Northern European countries like England, Denmark, the Netherland, Belgium and Germany. Karim applauded the efforts of the various countries involved in the arrests of the two trafficking suspects, highlighting how international cooperation is essential to equal protection under the law, specifically for migrants.

“These recent arrests and extraditions are a clear sign that international cooperation works. The collective effort in these two cases is a prime example of what can be achieved when States, agencies, and my Office join forces in pursuit of a common goal. This is the way forward if we want to ensure that no one is above the law and the impunity gap is narrowed,” Khan said. “I was delighted that we were able to take this step, further aligning our action and resources with others, including the authorities from Italy, the Netherlands, the United Kingdom, Spain, as well as Europol. I wish to underline my commitment to continue strengthening our engagement and support to our national partners moving forward.”

 

For further information, please see:

ICC – Statement of ICC Prosecutor Karim A.A. Khan KC on arrest and extradition of suspects in relation to crimes against victims of trafficking in Libya – Oct. 21, 2022

L’Unione Sarda – Human trafficking Africa-Europe: a dangerous fugitive in handcuffs – Oct. 12, 2022

Reuters – Top migrant trafficking suspect caught in Ethiopia, Italy says – Oct. 11, 2022

Bipartisan Legislation Seeks to Combat Forced Uyghur Labor; No Clear International Legal Solution

By: Matthew Flug

Impunity Watch News Staff Writer

WASHINGTON, DC, USA Nearly ten months after the Uyghur Forced Labor Prevention Act (UFLPA) came into effect, a widespread humanitarian crisis continues to unfold against the Uyghur population. The Uyghurs are an ethnic Muslim group of approximately 11 million who primarily live in the Xinjiang Uyghur Autonomous Region (XUAR) of Northwest China. Since 2017, it has been alleged by the United Nations and several countries that more than one million Uyghurs have been detained in internment camps, which the Chinese government called “vocational education and training centers.” The population has reportedly been subject to large scale humanitarian abuses, including torture, forced labor, sterilization, and rape. The White House has publicly stated a genocide is occurring.

A person stands in a tower on the perimeter of the No. 3 Detention Center in Dabancheng in western China's Xinjiang Uyghur Autonomous Region on April 23, 2021.
A person stands in a tower on the perimeter of the No. 3 Detention Center in Dabancheng in western China’s Xinjiang Uyghur Autonomous Region on April 23, 2021. Photo courtesy of AP, published in VOA News.

As a result of these atrocities, Congress passed the bipartisan UFLPA to deny the importation of goods produced utilizing forced labor. While other federal laws also bar the entry of goods using forced labor, the UFLPA specifically strengthens enforcement authorities regarding goods which originate from the XUAR. The UFLPA sets forth a “rebuttable presumption” that all raw or completed goods believed to have passed through the XUAR supply chain involved forced labor, unless US Customs and Border Protection (CBP) certifies otherwise; creating a significant “clear and convincing evidence” burden of proof for industry to overcome. CBP maintains entity lists and “withhold release orders” for designated companies and goods know to come from the XUAR, but immediate identification can be far more difficult given a variety of factors. While a step in the right direction, enforcement against companies or importers does not resolve the likely abuses taking place against the Chinese Uyghurs.

Thus far, no state or international tribunal has ruled on China’s conduct in the XUAR or the alleged humanitarian crisis among the Uyghur community. Most recently, a criminal complaint was filed by two human rights groups in the Federal Criminal Court of Argentina with claims of genocide and crimes against humanity. A similar case was recently filed with the Istanbul Chief Prosecutor’s Office in Turkey. While these courts may be able to try defendants in absentia, the moves are likely symbolic and would not be recognized by Chinese authorities. After being urged to consider on more than one occasion, the International Criminal Court (ICC) declined to pursue an investigation of the mass detention of Uyghurs in 2021. This past summer, renewed calls for the ICC to investigate were made; however, China is also not a signatory to the Rome Statue and as such the Court lacks any real territorial jurisdiction.

A “people’s” Uyghur Tribunal – not a state-recognized court – was established in 2020 as an independent organization in the United Kingdom. This tribunal is led by Geoffrey Nice, who was lead prosecutor for the International Criminal Tribunal for the former Yugoslavia trial against Slobodan Milošević. This tribunal takes testimony and collects evidence with hopes of using against Chinese authorities now and in the future, and the US and other national government have offered to support their efforts.

 

For further information, please see:

Al Jazeera – Uighurs in Turkey file criminal case against Chinese officials – 4 Jan. 2022

Center for Strategic & International Studies – The Uyghur Forced Labor Prevention Act Goes into Effect – 27 June 2022

Council on Foreign Relations – China’s Repression of Uyghurs in Xinjiang – 22 Sept. 2022

Gibson Dunn – Enforcement of the Uyghur Forced Labor Prevention Act Begins in the United States – 23 June 2022

Just Security – China’s Forced Sterilization of Uyghur Women Violates Clear International Law – 29 July 2020

Lawfare – What Is the U.S. Government Doing About Uyghur Forced Labor? – 27 Jan. 2022

The New York Times – I.C.C. Won’t Investigate China’s Detention of Muslims – 10 May 2021

The New York Times – U.S. Says China’s Repression of Uighurs Is ‘Genocide’ – 27 July 2021

Voice of America – Criminal Case Filed in Argentina Over China’s Treatment of Uyghurs – 26 Aug. 2022

Vox – China’s genocide against the Uyghurs, in 4 disturbing charts – 10 Mar. 2021

“The Beauty of the law is that There is no Place to Hide.” Trial of Mahamat Said Opens

By: Nikolaus Merz

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On Monday September 26th, 2022, the trial of Mahamat Said Abdel Kani began in the sixth chamber of the International Criminal Court with opening remarks by the prosecution.

Mr. Said at the opening of his trial. For his role as de facto commander of the Central Office for the Repression of Banditry, Mr. Said is accused of War Crimes and Crimes Against Humanity under the Rome Statute. Photo courtesy of the International Criminal Court.

The Central African Republic (“CAR”) devolved into civil conflict in 2012, as the anti-government militia group the “Seleka” began armed resistance against President François Bozizé’s government. As the Seleka advanced and occupied the CAR capital of Bangui, they incorporated existing institutions and structures into their organization. In particular, the Central Office for the Repression of Banditry, or “OCRB,” was repurposed by the Seleka to suppress perceived resistance to the militia. Mr. Said, having been appointed de-facto commander of the OCRB by his superiors, had full authority over the Seleka elements within the OCRB in Bangui.

Shortly after establishing a basis of control, Seleka began persecuting people believed to be threats to its power; predominantly targeting Christians, members of the Gbaya tribe, and others with perceived ties to the government of François Bozizé. The OCRB under Seleka control is accused of extorting, harassing, and abducting civilians – often without evidence or justification.

Once in OCRB custody, victims would be held under inhumane conditions, including cramped, overcrowded cells, as well as pits in the earth. Witnesses are expected to testify that the few times they could leave the cells were to be beaten by members of the Seleka. Victims were frequently tortured by a variety of methods, including (but not limited to): being whipped while having gravel on their backs (so as to enhance the pain of the whipping), having their body parts be pulled with pliers, and having their limbs bound in such positions to cause extreme agony and even partial paralysis.

The arrest warrant for Mr. Said was issued in 2019, and he only recently entered International Criminal Court (“ICC”) custody in late 2021. Following a pre-trial decision confirming the charges, Mr. Said stands accused of seven counts of War Crimes and Crimes Against Humanity stemming from eighteen instances of “attritional violence.” The counts include deprivation of liberty, torture, outrages upon personal dignity, and persecution among others.

At the beginning of his trial, Mr. Said pled not guilty to all charges against him.

Prosecutor Khan, delivering the opening statement of the prosecution, highlighted the resolve of Mr. Said’s victims, as well as the long and arduous journey the case has endured to date. Prosecutor Khan further emphasized the sense of justice the case invoked, which reverberated to the core principles of the ICC, saying in simple yet powerful terms “the beauty of the law is that there is no place to hide.” The prosecution is expected to call 43 witnesses during the course of the trial.

The Court will convict Mr. Said only if the charges have been proven beyond a reasonable doubt.

For further information, please see:

ICC – Case Information Sheet – The Prosecution v. Mahamat Said Abdel Kani – Aug. 2022

ICC – Decision on the confirmation of charges against Mahamat Said Abdel Kani – 9 Dec. 2021

ICC – Public Redacted Version of ‘Warrant of Arrest for Mahamat Said Abdel Kani’ – 7 Jan. 2019

ICC – Said trial opens at International Criminal Court – 26 Sept. 2022

IntlCriminalCourt – Said case: Trial opening, 26 September 2022 – 1st session FLOOR – 26 Sept. 2022

Charges Amended in Al Hassan Case

By: Andrew Kramer

Impunity Watch Staff Writer

THE HAGUE, The Netherlands – On April 23, 2020, Pre-Trial Chamber I of the International Criminal Court (“ICC”) released a confidential decision amending the charges against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mohamed (Al Hassan). A public redacted version of the decision is not yet available.

Al Hassan looking on in Pre-Trial proceedings. Photo Courtesy of the International Criminal Court.

This decision partially granted the Prosecutor’s request to modify the charges, filed on January 31, 2020.  Al Hassan’s charges of war crimes and crimes against humanity will now be predicated on additional facts. 

In the Prosecutor’s heavily redacted public written submission, she indicated that new witnesses have become available to testify, and their testimony is substantial to the case.   

Modification to charges that have already been confirmed generally occur when essential evidence becomes available to the investigating Prosecutor which was not known or available pre-confirmation.  According to article 61(9) of the Rome Statute, “after the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges.”  While the Prosecutor may not freely conduct investigations post-confirmation, this article has been interpreted by other Pre-Trial Chambers to apply only if it is necessary to establish the truth, or if special circumstances exist.  The Prosecutor must also show that this collection of new evidence will not prejudice the Defense.

In areas where the risk of retaliation against a witness is high, such as in Timbuktu, Mali, identifying witnesses and ensuring their safety is a challenge.  Because of this difficulty, there has been significant delay in gathering witnesses.  In the Al Hassan case, the Prosecutor has sought to avoid unnecessarily exposing individuals to potential risk by contacting them only when absolutely necessary.   Ultimately, volunteer witnesses who would not provide duplicitous evidence and who were in favorable security circumstances were selected to testify. 

With the lengthy Pre-Trial Phase complete, the case will proceed to Trial.  Al Hassan is accused of war crimes and crimes and crimes against humanity allegedly committed in Timbuktu, Mali as member of Ansar Eddine/Al Qaeda between 2012 and 2013.  The opening of the trial is scheduled for July 14, 2020, With the Prosecution’s presentation of evidence commencing on August 25, 2020.

For further information, please see:

International Criminal Court – Al Hassan Case: ICC Pre-Trial Chamber I Accepts Amendments to the Charges – 23 Apr. 2020

International Criminal Court – Al Hassan Case Information Sheet – 4 Feb. 2020

International Criminal Court – ICC Pre-Trial Chamber I Confirms Charges – 30 Sept. 2019