Special Features
OTP Briefing: Prosecutor’s Mission to Côte d’Ivoire
War Crimes Prosecution Watch: Vol. 8 Issue 11 — 26 August 2013
International Criminal Court
Central African Republic & Uganda
- Bemba Trial: Two Bemba Witnesses Blame Atrocities on Bozizé Rebels
- Bemba Trial: Witness: Central African Rapes Were Fueled by Drug Abuse
- Bemba Trial: Former Rebel Not Aware of Crimes by Bemba’s Fighters
Darfur, Sudan
- Sudan Tribune: Nigeria Hints It Was Preparing to Arrest Sudan’s Bashir During Visit
- Premium Times: Nigeria Claims Sudan’s Al-Bashir Escaped Shortly Before Handover to ICC
Democratic Republic of Congo
- Katanga Trial: Trial Chamber’s Reasoning in Ngudjolo is Flawed and Unrealistic, Prosecution Claims
- UPI: U.N. Rights Envoy Headed to DRC
- Katanga Trial: Q & A with International Criminal Court Registrar Herman von Hebel: Part I
- Lubanga Trial: Lubanga Victims Must Apply to Participate in Ntaganda Proceedings
Kenya
- AllAfrica: ICC Prosecutor Seeks 400 Hours to Present Ruto Case
- AllAfrica: Bensouda Wants to Recharacterize Ruto’s Case
- Standard Digital News: International Criminal Court Releases Work Plan for William Ruto’s Trial
- AllAfrica: Update Witness List, Judges Tell Bensouda
- AllAfrica: Victims in Uhuru ICC Case Fear Being Exposed
- AllAfrica: Bensouda Bids to Use Ruto Prior Witness Statements
- AllAfrica: Bensouda Plans to Unleash Fresh Witnesses
- AllAfrica: ICC Judge Rejects Bid to Amend Ruto Charges
- Fox News: ICC Says Kenya’s Ruto Must Attend Whole Trial, for Now
- Capital News: Ruto Now Seeks Staggered ICC Court Appearance
Libya
- ANI News: UK Must Intervene to Ensure Fair Trial for Saif al-Islam Gaddafi: Lawyer
- Newsclick: Report Card on Libya: Death Sentences and the International Criminal Court
- Daily Star: Libya Spy Chief Lawyers Want Referral to U.N.
- The Madison Times: More Violent, Unstable and Uncertain
- The Independent: Is Libya Too Scared to Put Saif Gaddafi on Trial?
Cote d’Ivoire (Ivory Coast)
Africa
International Criminal Tribunal for Rwanda
Special Court for Sierra Leone
Europe
Court of Bosnia & Herzegovina, War Crimes Chamber
- Balkan Transitional Justice: Bosnian War Victims Demand Court Name Perpetrators
- Balkan Transitional Justice: Bosnia ‘Failing’ to Prosecute War Crimes Efficiently
- Balkan Transitional Justice: Bosnian Serb Fighter’s Wife: Rape Charges False
- Balkan Transitional Justice: Bosnian Serb to be Extradited from Israel
- Balkan Transitional Justice: Extradited Bosnian Serb Genocide Suspect Remanded
- Court of Bosnia and Herzegovina::Second-Instance Verdict Delivered in Dusko Jevic et al.
International Criminal Tribunal for the Former Yugoslavia
Domestic Prosecutions in the Former Yugoslavia
- Balkan Insight: Serbs’ Alleged Killers Sent for Sarajevo Trial
- Balkan Insight: Witness Recalls Grim Conditions in Silos Camp
- Balkan Insight: Witness Recalls Beatings and Abuse in Dretelj
- Balkan Insight: Witness Claims Deposition Made ‘Under Pressure’
- Balkan Insight: Witness Says Forced Labour Injured His Spine
Middle East and Asia
Extraordinary Chambers in the Courts of Cambodia
- Extraordinary Chambers in the Courts of Cambodia: Governor-General of New Zealand Announces New Pledge During ECCC Visit
- The Phnom Penh Post: KRT Judge ‘Abused Discretion’
- Gulf Times: Cash-Strapped Khmer Rouge Court Seeks Funds
- The Phnom Penh Post: Incite Charges for Foursome
- The Phnom Penh Post: Four Freed, But Charges Stand
Syria
- BBC News: Syria Conflict: ‘Chemical Attacks Kill Hundreds’
- HRW: Syria: Witnesses Describe Alleged Chemical Attacks
Special Tribunal for Lebanon
- The Daily Star: Hurdles in the Way of STL’s Hariri Trial
- The Daily Star: We Must Avoid a ‘Show Trial,’ STL Lawyer Says
Bangladesh International Crimes Tribunal
- Outlook India: Bangladesh Govt Seeks Death Penalty for Jamaat Chief
- Dhaka Tribune: Government Seeks Ban on Jamaat
- Bangladesh News 24: Khokon Razakar Trial Ordered
- Bangladesh News 24: SQ Chy Verdict ‘Any Day’
- The Daily Star: Wartime Killing of Journalist, Victim’s Son Testifies at War Crimes Tribunal
- Dhaka Tribune: HRW to Face Contempt Charge: Prosecution
- Bangladesh News 24: Jamaat “War Crimes” Probe Begins
- Dhaka Tribune: HRW Slammed for ‘Unethical, Bias’ Reporting
War Crimes Investigations in Burma
North and South America
United States
- Miami Herald: Guantánamo Lawyer Floats Possible Defense Argument: 9/11 Attack Justified
- The Wall Street Journal: Manning Sentenced to 35 Years in WikiLeaks Case
- The New York Times: Facial Scanning Is Making Gains in Surveillance
- The New York Times: Top-Secret Court Castigated N.S.A. on Surveillance
South & Central America
Columbia
- Reuters: Interview-Colombia’s Santos Says FARC Faces Jail, Death Without Peace
- Colombia Reports: FARC’s Most Serious Crimes Must Not Go Unpunished: ICC
Peru
- Los Angeles Times: Peru Commandos Kill Two Shining Path Leaders
- Andean Air Mail & Peruvian Times: Fujimori Changes Strategy to Exit Peruvian Prison
Chile
Topics
Terrorism
- Jewish News: Will Terrorist Prisoners Released for Israeli-Palestinian Conflict Talks Be Prosecuted in the U.S.?
- CNN-IBN Live: Pakistani Anti-Terrorism Court Asks Govt to Arrange Panel’s Visit to Mumbai
- The Hindu: Morsy Supporters Face Murder, Terrorism Probe in Egypt
Piracy
- Muscat Daily: Two Piracy-Related Incidents off the Coast of Sultanate
- The National: UAE to Host International Counter Piracy Conference
- UN News Centre: Security Council Urges Broad Regional Approach to Counter Piracy in Gulf of Guinea
- The Global Times: 12 Suspected Pirates Killed Around Nigeria’s Restive Oil Town
Gender-Based Violence
- Thomson Reuters Foundation: U.N. Pressures Indonesia to Stop Health Workers Performing FGM
- UN News Centre: UN Humanitarian Wing Warns of Pervasive Sexual Violence in Somalia
- Women’s eNews: Sudan’s Anti-FGM Campaign Avoids Using the Term
- The Bahamas Weekly: Task Force Set to Tackle Gender Based Violence in The Bahamas
Reports
UN Reports
- The Republic: Sri Lanka Leader Appoints Committee to Investigate Wartime Disappearances Ahead of UN Update
- World Bulletin: Israel Extradites War Crimes Suspect to Bosnian Authorities
- Fox News: Bangladesh Prosecutors Accuse US Rights Group of Contempt
NGO Reports
Truth and Reconciliation Commissions
Nepal
- The Himalayan Times: HLPC Urges Govt to Forward TRC Ordinance
- Business Standard: Nepal Maoists Warn to Revolt If Cases Against Them Revived
Ivory Coast
Commentary and Perspectives
- Justice in Conflict: Impending Disaster: The ICC in Kenya and Africa
- Opinio Juris: Emerging Voices: Piracy vs. Core Crimes – Assessing the Consequences of the Juxtaposition Between Transnational and International Crimes
- The Guardian : Hague War Crimes Ruling Threatens to Undermine Future Prosecutions
- Opinio Juris: More Misdirection on Specific Direction
- Justice in Conflict: Could Russia Be a Key to International Justice in Libya?
- Opinio Juris: Emerging Voices: Pirates of the Indian Ocean – Enforcement in the Seychelles
- Opinio Juris: The Specific-Direction Requirement Would Not Have Acquitted the Zyklon-B Defendants
- Opinio Juris: Emerging Voices: International Cooperation for the Domestic Prosecution of International Crimes
- Opinio Juris: Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
Worth Reading
- The Oxford Handbook of International Law in Armed Conflict: Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law
- University of California, Irvine School of Law & Legal Studies Research Paper Series : The Council and the Court: Improving Security Council Support of the International Criminal Court
- Maryland Journal of International Law: Human Rights Litigation and the National Interest: Kiobel’s Application of the Presumption Against Extra-Territoriality to the Alien Tort Statute
ICTJ World Report: Thursday, 22 August 2013
CESR: UN Secretary General Backs Calls for Human Rights-Based Post-2015 Agenda
CESR STATEMENT
Key report to General Assembly outlines Secretary General’s vision of ‘a world we have a right to expect’
The UN has just released the Secretary General’s report to the forthcoming General Assembly on progress in meeting the Millennium Development Goals and recommendations for what should replace them in 2015. The report, “A life of dignity for all,” is a powerful and timely endorsement of the need to follow up the MDGs with a holistic and transformative framework of development commitments anchored in the universal fulfillment of human rights.
Echoing the central premise that has motivated CESR’s advocacy and analysis over the last two years, the report asserts that ending poverty is “a matter of basic justice and human rights”. It includes a welcome recognition that freedom from fear and want are inseparable, and that human rights encompass the economic and social dimensions of human well-being. “No person should go hungry, lack shelter or clean water and sanitation, face social and economic exclusion or live without access to basic health services and education”, says the Secretary General. “These are human rights, and form the foundations for a decent life.”
Many of its specific recommendations capture those made by CESR and the organizationswith whom we have been working to secure human rights at the core of the renewed development agenda. It calls for the sustainable development agenda to be universal, rights-based and supported by rigorous accountability mechanisms. It states that promoting decent employment, ensuring decent wages, strengthening social protection and putting in place redistributive policies are a prerequisite for achieving the existing Goals and must be the basis of inclusive growth in the future. The report is also strong on the need for more effective global governance and for a stronger commitment by wealthier states to follow through on aid, trade and debt relief commitments, as well as cracking down on illicit capital flows, and stemming tax avoidance and evasion, which is a significant drain on countries’ resources in both the North and South.
It calls for particular attention to the rights of the most vulnerable and excluded, such as women, children, the elderly, indigenous people, refugees and displaced families, as well as people with disabilities, recognizing that discrimination and denial of human rights are often an underlying cause of disparities and inequalities. It calls for action to tackle exclusion and inequality in all its forms, with particular emphasis on ensuring the equal rights of women and girls, including in the economic and social spheres, as well as action to tackle discrimination against migrants and income inequality.
The report recognizes that “human rights and effective governance based on the rule of law and transparent institutions are outcomes and enablers of development”, and that lasting peace and sustainable development cannot be fully realized without respect for human rights, transparency and accountability, including ensuring citizens’ involvement in policymaking and oversight in the use of public resources. It calls for a renewed focus on more equitable forms of mobilizing domestic resources, including by broadening the tax base and improving tax administration, and improving corporate and public governance of extractive industries in resource-rich countries. It also calls for a robust framework for international development financing, which should include commitments to eliminate illicit financial flows and to enhance the regulation of secrecy jurisdictions. Echoing CESR’s particular concerns about accountability, the report states that the success of such commitments “depends on assigning roles, responsibilities and clear accountability” for all actors involved, including international financial institutions and the private sector.
Perhaps the most welcome aspect of the Secretary General’s report is its responsiveness to the calls which human rights and social justice groups in all corners of the globe have been voicing. “People across the world are demanding more responsive governments and better governance and rights at all levels. We have heard their calls for peace and justice, eradicating poverty, realizing rights, eliminating inequality, enhancing accountability and preserving our planet.” Human rights are not just referenced rhetorically in his proposals – they are recognized as the purpose of the post-2015 framework, as well as the principles that sustain it. “Ultimately, the aspiration of the development agenda beyond 2015 is to create a just and prosperous world where all people realize their rights and live with dignity and hope.” For such a sustainable development agenda to take root, the Secretary General argues that the international community must agree “a far-reaching vision of the future firmly anchored in human rights and universally accepted values and principles, including those encapsulated in the Charter, the Universal Declaration of Human Rights and the Millennium Declaration”, as well as “a participatory monitoring framework for tracking progress and mutual accountability mechanisms for all stakeholders.”
Strong monitoring and accountability, the Secretary General recognizes, will be crucial for the implementation of the post-2015 development agenda, and can be strengthened through the direct engagement of citizens and improving data collection, dissemination and analysis, including efforts to capture gaps within and between population groups and to assess the quality of outcomes. Goals, targets and metrics to measure their achievement should take into account human rights and inequality in a cross-cutting manner.
With this report, the Secretary General has raised the level of debate and expectation around the role of human rights in the post-2015 development agenda. When they come together at this September’s General Assembly, member states will need to roll up their sleeves, team up with civil society worldwide, and get to the hard work of implementing the resounding call for a universal agenda with human rights-centered sustainable development at its core, and undertake the profound transformations required to build “the just, prosperous and sustainable world that people want and have a right to expect”.
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