By Erica Smith

Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The African Union (AU) has asked that the International Criminal Court (ICC) to halt the cases against Kenyan president Kenyatta, his Deputy William Ruto and journalist Joshua arap Sang until after its application to have the cases moved.

The AU also wants to two leaders to be able to choose which session of the trial they would like to attend so that the leaders will be able to carry out their constitutional responsibilities.

The AU sent a letter to the ICC and the United Nations Security Council on September 10^th arguing that the court should determine whether the cases can be moved before the trials progress further.

“The prosecution has ignored several procedural requirements having the effect of eroding the principles on natural justice. The court’s attention has been drawn to this aspect on two occasions by its own judges. This leaves the African Union with no option but to ask that until the request of the AU is considered and clearly responded to, the cases should not proceed.” The letter signed by AU Chairperson Hailemariam Desalegn and by AU Commission Chairperson Nkosazana Dlamini-Zuma stated.

The AU further argued that Mr. Ruto should not be forced to attend all the trial sessions even though the ICC prosecutor is appealing an earlier decision that he would not have to attend them all. The AU believes that Mr. Ruto will be unable to carry out his constitutional duties if he is forced to attend every session.

The AU pointed out that there are two high level security meetings slated for this month that Kenyatta would not be able to attend as a result of the ICC trial against Ruto. The AU believes that  Kenyatta not participating in the meetings will seriously affect Kenya’s efforts towards peace and security.  The AU also believes that the trials would undermine Kenya’s role in the international arena and that the trials should not infringe on the responsibilities of the two Kenyan leaders.

“While Kenya has always cooperated and reiterated its commitment to continue cooperating with the court, it must do so in the context of its own constitutional requirements,” the AU wrote.

For further information, please see:

All Africa — Africa: ICC Allows Five African States to Join Ruto Appeal — 14 September 2013

All Africa — Kenya: Stop Uhuru Ruto Trials, AU Demands — 13 September 2013

The Christian Science Monitor — Can Kenya’s leaders skip part of their international crimes trials? — 13 September 2013

All Africa — Africa: Halt ICC Cases, Give Kenyan Leaders Leeway – AU — 12 September 2013

By: Dan Krupinsky
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The trial of Kenya’s deputy president, William Ruto, began earlier this week, marking the first time that a serving government official has stood trial at the International Criminal Court (ICC).

Ruto faces charges of crimes against humanity, stemming from the aftermath of the 2007 Kenyan presidential election, when more than 1,100 people died. On Tuesday, he plead not guilty to all charges against him. Kenyan president, Uhuru Kenyatta, will be tried on the same charges in November.

Specifically, Ruto and Kenyatta are charged with murder, deportation and persecution of political opponents in the Rift Valley region in late 2007 and early 2008, following the disputed election.

Kenyatta and Ruto, who teamed up to win the most recent election, were political rivals at the time, with Kenyatta being a prominent member of the Kikuyu ethnic group while Ruto was a leader of the Kalenjin group.

Following the election, ethnic clashes across the nation resulted in the deaths of over 1,100 people and the displacement of some 600,000 more, and were said to be the work of Ruto and his co-defendant, Joshua arap Sang, an influential radio executive.

“The crimes of which Mr. Ruto and Mr. Sang are charged were not just random and spontaneous acts of brutality,” said the ICC’s chief prosecutor, Fatou Bensouda, in court. “This was a carefully planned and executed plan of violence. Ruto’s ultimate goal was to seize political power for himself and his party in the event he could not do so via the ballot box.”

Ruto is accused of arming and organizing the attackers, while Sang’s role, according to the prosecution, was fostering hatred against Kikuyu tribe members through his radio show and broadcasting coded instructions about where to attack.

“It is difficult to imagine the suffering or the terror of the men, women and children who were burned alive, hacked to death or chased from their homes by armed youths,” Bensouda said.

Even after the Kenyan parliament voted last week to withdraw from the court, Ruto appeared voluntarily for the start of the trial, and continues to cooperate.

Ruto’s principal defense counsel, Karim Kahn, asserts that the charges against Ruto “[will] be shown to be patently false.”

“One cannot escape the reality that this investigation has been exceptionally deficient,” he said.

The legitimacy of the case is already being called somewhat into question, as prosecutors claim that witnesses have been afraid to testify, recanted their testimony after accepting money and in some cases, even killed.

The trial will resume Tuesday, September 17, when the prosecution will start presenting witnesses in a first session, which ends October 4. The second session is scheduled from October 14 to November 1.

 

For further information, please see:

All Africa – First Prosecution Witness to Testify Tuesday – 12 September 2013

BBC – Kenya’s William Ruto formed an army for war, ICC hears – 10 September 2013

The Guardian – Kenya’s deputy president William Ruto denies murder at ICC – 11 September 2013

New York Times – Deputy President of Kenya Goes on Trial in The Hague – 10 September 2013

ICC Decision on the Confirmation of Charges

 

 

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

PHNOM, PENH – The international prosecutor of Khmer Rouge’s tribunal has quit. The prosecutor Andrew Cayley resigned as the court prepares closing arguments in its first mini-trial of two surviving Khmer Rouge leaders.  Cayley was appointed the position in December 2009.

Britain’s Cayley stated that he resigned this post due to personal reasons. He told the VOA that it was no surprise that he would be resigning this year. However, he did not elaborate on the subject and told VOA that this would not affect the ongoing prosecutions under his authority.

Cayley’s resignation is to be effective on September 16.

This departure comes at a crucial time in the court’s prosecution of two surviving Khmer Rouge leaders: Nuon Chea and Khieu Samphan.

It is believed that these two leaders are responsible for the deaths of two million people between 1975 and 1979. Nuon Chea was Pol Pot’s deputy, and Khieu Samphan was head of state.

Both leaders are now in their 80’s for this trial, and their leader Pol Pot died in 1998.

The trial before the court is said to be so complex that the court divided it into a number of smaller trials. The first of these mini-trials concluded in July and since then the prosecution, defense, and the lawyers for the civil parties have been preparing their closing statements.

The prosecution, defense, and lawyers are scheduled to file their submissions at the end of September, and the court is scheduled to hear oral arguments in October. A judgment is expected next year.

Although this trial is complex, Cayley states that the process was on track as far as the prosecution was concerned.

“What I’ve done in the past month – which I undertook to the UN to do – is I’ve put in place measures basically that the case will continue to a proper conclusion,” said Cayley. “Our written submissions are almost complete and will be ready to be filed on the 26th of September. So yes, it’s not an ideal situation, but certainly the office is well prepared for my departure. And the office is not just about me – it’s about a whole team of people working together, and me departing is not going to affect the quality of the work.”

This under-funded tribunal has been plagued by numerous problems since its creation in 2006.

Recently, about 200 Cambodian employees at the court walked off the job last week to demand months of back wages. The Cambodian side of court, which lacks $3million in funding, has also dealt with allegations of mismanagement and corruption.

This strike could delay the court’s efforts to hear closing submissions in October.

The UN’s role is to fund the international side. However, in recent weeks the UN’s secretary General Ban Ki-moon warned that the court could collapse. He asked the countries to donate $3million needed to keep the national side running until the end of the year.

“Looking at my national colleagues, it’s not just critical for the functioning of the court; it’s actually critical to their lives,” said Cayley. “These are people who haven’t been paid for several months, and they have families that need to be supported. That’s why I think it needs to be resolved as quickly as possible.”

Cayley’s replacement is U.S. lawyer Nicholas Koumjian, who has worked previously at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia. Koumjian is scheduled to arrive in Cambodia next month.

For further information, please visit:

Voice of America (VOA) – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
TheInnoPlexION – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
GlobalSecurity.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
Pakistan.com – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
SILObreaker – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
ViralNewsChart – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
KKYBA.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013

By: Dan Krupinsky
Impunity Watch Reporter, Africa

BANGUI, Central African Republic – As violence continues to plague the Central African Republic, officials announced early in the week that fighters believed to be loyal to ousted President Francois Bozize killed dozens of people and displaced tens of thousands over the weekend.

The fighting was in the western region of the country, an area that has been the site of several massacres in the past few month, allegedly carried out by the Seleka coalition of fighters, who ousted Bozize in March. Since that time, Seleka leader Michel Djotodia was sworn in as president, vowing to return the country to democracy by organizing elections within a year and a half.

“The international community should keep a watchful eye on what is happening in this country, as we have just made a policy shift to pave the way for elections,” said presidential spokesman Guy Simplice Kodegue.

Kodegue put the death toll at 60, some estimates say that as many as 73 people were killed. According to the official government statement, a column of army soliders, with the support of Seleka fighters, were dispatched to the western region from Bangui to stop the assailants, who are accused of abusing civilians in the town of Bossangoa, which is located near Bozize’s home village.

According to Orongaye Rigobert, a community leader in Bossangoa, the pro-Bozize fighters had destroyed bridges used to access the town from Bangui in a bid to halt the army’s advance.

The clashes caused about 80 percent of the town’s population, some 30,000 people, to flee into the forest.

The latest fighting comes on the heels of a UN warning that the country is on the brink of collapse.

Another spokesman for the government accused Bozize of coordinating the most recent attacks, asking the international community for assistance in halting the violence and restoring order.

“It is an attempt by Bozize and his supporters to take power,” said Crepin Mboli-Goumba. “Six towns have been taken. This shows Seleka does not control the situation so we call on the international community to mobilize (peacekeepers) so they can intervene.”

According to recent estimates by UN humanitarian chief Valerie Amos, who recently visited the country, about one third of the country’s 4.6 million people need assistance with food, shelter, healthcare or water.

Since coming to power, Seleka fighters have been accused by aid workers of looting the healthcare system, as well as civilians.

If the accusations are true, it would be the first large-scale operation launched by the former President’s forces since his overthrow in March.

 

For further information, please see:

All Africa – New Fighting Reported As Security Continues to Deteriorate – 10 September 2013

BBC – Central African Republic says scores killed in new clashes – 9 September 2013

Reuters – Death toll rises in battles in Central African Republic – 9 September 2013

Washington Post – Official: 60 killed in attacks in home region of deposed Central African Republic leader – 9 September 2013

 

 

 

 

 

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

MOGADISHU, Somalia – The Somali Islamist militant group, al-Shabab, bombed a local restaurant in the capital, Mogadishu, killing 15 people and wounding 23.  Al-Shabab set off a car bomb and a suicide bomber in the crowded restaurant on Saturday.

The car bomb went off first outside the popular restaurant and then a suicide bomber blew himself up inside the restaurant immediately after the car bomb, Mohamed Yusuf, a spokesman for the Mogadishu authorities, told Reuters.

According to news reports, the explosions ripped off most of the restaurant’s roof. The restaurant is a popular spot for government employees, journalists, and students, and is located about a half mile from the presidential palace and National Theatre.

“They attack the restaurants because they hate to see people peacefully spending time together,” Mohamed Abdi, an Interior Ministry employee at the scene of the attack, told the Associated Press. “They are committed to obliterating any sign of peace. Because of such attacks, it’s very hard for the government to restore security in the near future.”

This wasn’t the first time this restaurant has been bombed. In September 2012, the restaurant was targeted by two suicide bombers that killed 14 people.

The restaurant is run by Somali businessman Ahmed Jama, who returned to the country in 2008 from the U.K. Mr. Jama told BBC News that “I won’t let this stop me. I will start the clean-up tomorrow.”

“My decision was to do something and as long as I live, I will continue – I’m a business guy with restaurants and I’m going to continue with that,” Mr. Jama told BBC.

Somalia’s al-Qaeda linked al-Shabab militia claimed responsibility for the attacks. It has continued to wage a deadly insurgency even after being pushed out of Mogadishu in 2011.

“Government officials, military forces, workers and their security always meet here,” an al-Shabab spokesman, Sheikh Abdiasis Abu Musab, told Reuters. “We had targeted it even before today, and we shall continue targeting it.”

Al-Shabab’s Somali-language Twitter feed read: “Successful operations carried out in Hamarweyne,” referring to the Mogadishu district where the attacks occurred. Al-Shabab’s Engligh-language Twitter account has been suspended.

Al-Shabab also claims to have killed “key officials” on its Twitter feed; although witnesses told Yahoo! that the casualties looked like ordinary civilians.

The UN secretary-general’s special envoy to Somalia, Nicholas Kay, said: “I am appalled by this act of savagery and condemn it in the strongest terms.”

“I offer my sincere condolences to the families and friends of those killed and wish a speedy recovery to the injured.”

Since the overthrow of President Siad Barre in 1991, Somalia has seen clan-based warlords, Islamist militants, and its neighbors all battling for control.

“The terrorist elements used to claim they target Somali government (officials) but such an attack is proof they have no sympathy for anyone, they kill innocent civilians at restaurants,” Somali President Hassan Sheikh Mohamud told a press conference.

Shebab fighters, who have claimed responsibility for a string of recent attacks aimed at overthrowing the government, remain a potent force.

For further information, please visit:

BBC News – Somalia’s Al-Shabab says it bombed Mogadishu eatery – 7 September 2013
Reuters – Al Shabaab bombers strike Mogadishu restaurant, 15 dead – 8 September 2013
The Washington Post – Somali militants kill 15 in bombing at popular Mogadishu restaurant – 7 September 2013
Standard Media – At least 15 killed after blasts hit restaurant in Mogadishu, Somalia – 7 September 2013
The Peninsula – Twin blasts kill 18 in Somali capital – 8 September 2013
Yahoo! News – Shebab claim twin blasts in Somali capital that kill 18 – 7 September 2013