War Crimes Prosecution Watch –Feb. 13, 2012
Vol. 6, Issue 23 — February 13, 2012
INTERNATIONAL CRIMINAL COURT
Central African Republic & Uganda
- BembaTrial.org: Bemba’s Freed Guilty Soldiers Once Observers Left
- BembaTrial.org: Bemba’s Former Confidant Cross-Examined in Closed Session
- BembaTrial.org: Witness Told Bemba to Try Errant Soldiers
- BembaTrial.org: MLC Insider Will Give All Evidence in Private Session
- New Vision: DPP Rejects Kwoyelo Amnesty
- BembaTrial.org: Upcoming Prosecution Witness to Testify via Video Link
- BembaTrial.org: Bemba Trial Continues in Closed Session
- BembaTrial.org: New Prosecution Gives All Evidence in Closed Session
Darfur, Sudan
- Sudan Tribune: AU May Ask ICJ for Opinion on Bashir’s Immunity from ICC Prosecution
- Reuters: UN Cautions Its Darfur Envoy Over Bashir Encounters
Democratic Republic of the Congo
- KatangaTrial.org: Asylum Lawyers Seek Status Conference
- KatangaTrial.org: The Prosecution May Still Charge Witness 159 with Contempt
Kenya
- AllAfrica.com: Ocampo Dismisses Appeals Requests By ICC Suspects
- CapitalFM News: We’ll Get Muthaura Free in ICC Case – Lawyer
- AllAfrica.com: Githu’s ICC Team Keeps Tight Lid on Its Agenda
- AllAfrica.com: G7 Defies Court Order Over Uhuru, Ruto Presidency Debate
- Defence Web: Key Political Risks to Watch in Kenya
Libya
- CNN: Libya: Aisha Gadhafi Offers Information to Help Protect Brother Saif
- AFP: ICC Rejects Kadhafi Daughter’s Offer of Information on Seif
- CNN: Libya’s Saif Gadhafi Could be Tried Within Weeks, Official Says
Cote d’Ivoire (Ivory Coast)
AFRICA
International Criminal Tribunal for Rwanda
- The New Times: Rwanda: Countries Hosting Genocide Fugitives Have No Choice but to Send Them Home
- Hirondelle News Agency: Ngirabatware Defence Hearing Resumes at ICTR
- Hirondelle News Agency: Prosecution Seeks Dismissal of Uwinkindi Application Over His Transfer
- BBC News: Rwanda Genocide: ICTR Seeks Refuge for Acquitted
- Hirondelle News Agency: Ngirabatware Trial Adjourned Sine Die
- Hirondelle News Agency: Judgment in March for Former Minister and Military Officer
Special Court for Sierra Leone
EUROPE
Court of Bosnia & Herzegovina, War Crimes Chamber
- The Court of Bosnia and Herzegovina: Saban and Elvir Delilbasic Enter a Not Guilty Plea
- The Court of Bosnia and Herzegovina: Indictment Confirmed in the Case v. Zeljko Jukic
- The Court of Bosnia and Herzegovina: Session of the Appellate Panel in the Slavko Lalovic Case
- The Court of Bosnia and Herzegovina: Indictment Confirmed in the Case v. Goran Saric
- The Court of Bosnia and Herzegovina: Status Conference Before the Appellate Panel in the Case v. Zoran Babic et al
- The Court of Bosnia and Herzegovina: Custody of Dusko Tadic Terminated and Prohibiting Measures Ordered
- The Court of Bosnia and Herzegovina: Plea Hearing in the Case of Nihad Bojadzic
International Criminal Tribunal for the Former Yugoslavia
- Institute for War & Peace Reporting: Seselj Sues Tribunal for Two Million Euro
- Institute for War & Peace Reporting: Ex-Case Manager Pleads Guilty in Lukic Contempt Case
- Institute for War & Peace Reporting: Former Bosnian Serb General Describes Command Structure
- Institute for War & Peace Reporting: Karadzic Disputes Forensic Reports
- International Criminal Tribunal for the Former Yugoslavia: Jelena Rasic Sentenced to 12 Months’ Imprisonment for Contempt of the Tribunal
Domestic Prosecutions In The Former Yugoslavia
- Croatian Times: Croatia’s First PM Investigated Again for ‘Communist Crimes’
- Adnkronos: Balkans: Leaders Agree to Together Bring Justice to War Criminal
MIDDLE EAST AND ASIA
Extraordinary Chambers in the Courts of Cambodia
- VOA Khmer: Defense Attempts to Raise Controversial Suspects at Tribunal
- The Phnom Penh Post: KRT Pay Freeze Will Linger
- The Phnom Penh Post: Twitter Key in Judge’s Rejection
- The Phnom Penh Post: Lawyers Chided Over 004 References
- VOA Khmer: Head of Research Center Addresses Tribunal Over Documentation
- The Phnom Penh Post: Vietnam Relationship Back in KRT Spotlight
- VOA Khmer: Cambodia Court Extends Key Khmer Rouge Official’s Prison Sentence
- VOA Khmer: With One Trial Finished, Questions Loom Over Controversial Cases
- VOA Khmer: Nuon Chea Describes Chinese Aid to Khmer Rouge
Special Tribunal for Lebanon
- Special Tribunal for Lebanon: In Absentia Proceedings
- Special Tribunal for Lebanon: Media Advisory — Trial Chamber Decision on In Absentia Proceedings: The Upcoming Steps
- Special Tribunal for Lebanon: Assignment of Permanent Counsel
- The Daily Star: STL Hopes to Finish Work within 3 Years
- The Special Tribunal for Lebanon : Media Advisory – Victims’ Applications Sent to Pre-Trial Judge
Bangladesh International Crimes Tribunal
- Bangladesh News 24: Dhaka City AL Kicks Off Rally
- Daily Star: ICT to Replace ‘Documents’ With ‘Manuscripts’ in Rules
- Bangladesh News 24: Irate ICT Adjourns Proceedings
- Bangaldesh News 24: Witness Testimony Halted for Poor Health
- Bangladesh News 24: 80-Yr-Old Recalls Wife’s Rape, Torture in ’71
- Daily Star: Charges Against Kamaruzzaman Accepted
- Bangladesh News 24: ICT Adjourns on Witness Fiasco
- Bangladesh News 24: Hearing on Sayedee Case Halted Till Feb 13
NORTH AND SOUTH AMERICA
United States
- San Francisco Chronicle: U.S. Considering Freeing Taliban at Guantanamo Bay
- Wall Street Journal: Leader of Liberian War Faction Ordered out of US
- Los Angeles Times: Senate Democrat Challenges Obama on Killing American Terror Suspects
TOPICS
Terrorism
- Boston.com: Nigerian Terror Suspect’s Trial Set for Oct. 1
- The Washington Times: 2 Convicted in Al Qaeda Terror Plot in Norway
- BBC: Mumbai Gunman Qasab Appeals in India Supreme Court
- The New York Times: Militants Plead Guilty in Plan to Bomb London Stock Exchange
- Deutsche Welle: Suspected Associate of Neo-Nazi Group Arrested
- The New York Times: Turkey: Ex-Chief of Military is Charged
- BBC: Germans Jailed Over UK Terror Offences
- Reuters: Ethiopia PM Says May Pardon Jailed Politicians, Journalists
Piracy
- The National: Legal Battle Against Piracy Sails into Uncharted Waters
- gCaptain: Royal Navy Hands Over Suspected Pirates to Face Prosecution in Seychelles
- The Gulf Today: Court to Deliver MV Arrilah-1 Verdict on April 1
Universal Jurisdiction
- The East African: Rwanda Petitions AU, UN Over Indictments
- Los Angeles Times: Crusading Spanish Judge is Suspended for Career-Ending 11 Years
Gender-Based Violence
- The Daily Star: Sayedee at War Crimes Tribunal: 81yrs Old Recalls Wife’s Rape in ’71
- The Guatemala Times: Guatemala Heeds the Cries of Femicide Victims
REPORTS
UN Reports
- CNN: U.N. Security Council Debates Syria as Violence Rages
- Reuters Africa: UN Cautions its Darfur Envoy over Bashir Encounter
- UN News Service: Criminal Violence Taking Rising Toll in Caribbean Countries, UN Report Finds
NGO Reports
- Amnesty International: UN Court Ruling on Nazi War Crime Victims: A Setback for Rights
- Human Rights Watch: Bosnia: European Court Halts Syria Deportation
- Human Rights Watch: Yemen: Unlawful Attacks, Denial of Medical Care in Taizz
TRUTH AND RECONCILIATION COMMISSIONS
Canada
Kenya
- Daily Nation: Kenyans Feel Marginalised, Says Truth Commission
- The Star: Kiplagat should not Come Back to Office, Says TJRC
Liberia
Thailand
COMMENTARY AND PERSPECTIVES
- Radio Netherlands Worldwide: Tribunal Brings No Reconciliation to Cambodians
- The New York Times: Drones for Human Rights
- Lawfare: Paul Stephan on ICJ Decision in Jurisdictional Immunities of the State (Germany v. Italy)
- LieberCode: Cambodia Tribunal Increases Duch Sentence to Life
- Opino Juris: ICJ Issues Jurisdictional Immunities Judgment
- EJIL: Talk!: AU Commission Press Release on ICC Pre-Trial Chamber’s Decisions on Bashir’s Immunity
- Middle East Monitor: Morocco and the International Criminal Court: Balancing National and International Law
- The New York Times: The Khmer Rouge’s Perfect Villain
- Jurist: Mugesera: Clarifying Rwanda Incitement Jurisprudence
- Jurist: Prosecuting Genocide: Reflecting on the Vukovic Decision
WORTH READING
- Texas International Law Journal: Reconciling Universal Jurisdiction with Equality Before the Law
- International Criminal Law Review: Defence Counsel Immunity at the Ad Hoc Tribunals
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War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.
Sudan and South Sudan Reach Non-Aggression Pact
By Zach Waksman
Impunity Watch Reporter, Africa
KHARTOUM, Sudan – Sudan and South Sudan signed a non-aggression agreement regarding their disputed border on Friday. The pact, signed after negotiations in Addis Ababa, Ethiopia, is a first step toward reaching and maintaining a lasting peace in an area that has been wracked by conflict for decades.
According to the deal, both sides agreed to “respect for each other’s sovereignty and territorial integrity” and to “refrain from launching any attack, including bombardment.” It also creates a system to monitor the border and provide a forum for complaints if the incursions continue. Thabo Mbeki, the former president of South Africa who served as the African Union’s chief negotiator, warned both sides to adhere to the pact’s terms.
“We are very serious … it is the responsibility of both sides to act now,” he said.
Ever since South Sudan became independent last July, the border region has been the site of nearly continuous conflict both between countries and within. The two nations have accused each other of backing militias. What has really driven this situation has been a dispute over the distribution of oil through a pipeline that crosses the disputed boundary. Three-fourths of the oil-rich region’s wealth lay in the south, but the pipeline runs through the north.
As part of the ongoing argument, South Sudan shut down its oil production last month, which might cripple both countries’ economies. Though oil provides up approximately 98% of its total revenue, South Sudan has taken this path in an effort to force concessions from its neighbor to the north. It claims Sudan has stolen more than $815 million worth of crude oil. In response, Sudan says it did so in order to pay off debts owed to it.
South Sudan claims that it will only continue its production once “all the deals are signed.” In the meantime, Juba has threatened to cease production for years while it builds a new pipeline that runs through Kenya. That pipeline has drawn skepticism as to its feasibility for many reasons, including that it would go through an area that is considered a war zone.
Progress on the oil issue has been minimal, though negotiations were expected to continue on Saturday. The lack of speed drew concern from Ban Ki-Moon, Secretary-General of the United Nations, calling for “both countries to make the necessary compromises…that will guarantee a peaceful and prosperous future for both nations.” In response to Ban’s statement, Sudanese negotiator Sabir Hassan said that Khartoum was more than willing to make concessions, but the South’s emotional responses had made finding common ground difficult.
“If you give them two choices, they’ll choose the one that hurts the north, not the one that helps the south,” Hassan told the New York Times. Of course, negotiators from the south think the same of the north, exasperating the problem.
Despite the agreement reached Friday, few expect true peace anytime soon. Improvement is not anticipated, even with means of discussion now available. To some, peace would be nothing short of a pipe dream.
“I, personally, expect full-fledged war,” said Mariam al-Sadiq al-Mahdi, a leading opposition politician in Khartoum, Sudan’s capital. “This is like the previews before a film.”
For more information, please see:
Al Jazeera — Sudan and S. Sudan Sign Non-Aggression Pact — 11 February 2012
BBC — Sudan and South Sudan Sign Peace Pact, Says Thabo Mbeki — 11 February 2012
Sudan — Khartoum and Juba Sign Non-Aggression Pact — 11 February 2012
New York Times — Sudans’ Oil Feud Risks Shattering a Fragile Peace — 10 February 2012
As Syria Rejects Arab League Peace Plan, The Horror Continues
By Adom M. Cooper
Impunity Watch Reporter, Middle East
DAMASCUS, Syria–After Damascus rejected an Arab plan to send a peacekeeping force in a desperate attempt to quell the unrest, regime forces resumed their assault on the Syrian protest city of Homs on Monday 13 February 2012. According to the Syrian Observatory for Human Rights, just before sunrise, the military launched mortars into Baba Amr, a rebel stronghold in the central city, as forces swept through the southern province of Daraa, arresting dissidents. The Britain-based Observatory shared these words in a statement released to the AFP.

“The neighborhood of Baba Amr has been subjected to sporadic sheeling since 5:00AM (03:00 GMT) by the Syrian army. Forces launched an assault and are arresting people in Basra Al-Sham after an explosion in Dael, in Daraa province. There were fierce clashes between defectors and the army which stormed Lajat and arrested the mothers of four dissidents.”
Activists and rights groups claim that al-Assad’s forces have killed at least 500 individuals in Homs since they began attacking the central city on 4 February 2012 with a barrage of tank shells, mortars, and rocket-propelled grenades.
As the number of deaths continues to mount, the international community still is trying to find a way to end the violence in Syria. Yusuf Ahmed, Syria’s envoy in Cairo, said that the Arab League’s plan calling for a joint Arab-UN peacekeeping mission to end Syria’s 11-month conflict “reflected the hysteria of these governments.” The European Union backed the Arab League’s plan but Russia came forward and said that the violence must end before any peacekeepers could be sent. Michael Mann, spokesman for EU foreign policy chief Catherine Ashton, said these words with BBC.
“We welcome these bold decisions and the strong and clear commitment and leadership that the Arab League is taking to resolve the crisis in Syria. The EU’s first goal is an immediate cessation of killings and therefore we are very supportive of any initiative that can help achieve this objective, including a stronger Arab presence on the ground in co-operation with the UN to achieve a ceasefire and the end of the violence. We renew our urgent calls on members of the Security Council to be constructive and act with responsibility at this crucial moment.”
The UN General Assembly started its own debate on the Syrian crisis. UN Human Rights Chief Navi Pillay, who has been very critical of the actions of al-Assad’s regime, is set to address the assembly in New York this week. The Arab League stated in a statement to the AFP that it was ending all diplomatic cooperation with Syria and promised to give “political and material support” to the opposition.
“We will open channels of communication with the Syrian opposition and offer full political and financial support, urging the opposition to unify its ranks. We also plan to ask the UN Security Council to issue a decision on the formation of a joint UN-Arab peacekeeping force to oversee the implementation of a ceasefire.”
Burham Ghalioun, leader of the opposition Syrian National Council, welcome the moves as a “first step” towards the fall of the regime. As the military continued its destruction on Homs, refugees made their way across the border to Lebanon, hoping to escape the carnage. Abu Ibrahim, a resident of Homs, shared these words with the AFP. He made a point of bringing up his 10-year-old daughter, who has refused food since witnessing dead bodies in the streets of Homs.
“The army of Bashar al-Assad destroyed our homes. Before, we were bombarded by mortars or rocket-propelled grenades, but now they are using tanks and helicopters.”
The Syrian Aran Red Crescent and the International Committee of the Red Cross stated that their volunteers are “distributing food, medical supplies, blankes, and hygiene consumables to thousands of people in Homs.”
“The population, particularly the wounded and sick, are bearing the brunt of the violence.”
On Sunday 12 February 2012, Syrian state television showed an official funeral for the 28 people authorities say were killed two days earlier in twin car bombs in the northern city of Aleppo. The government still stands by its allegation that the blame for the attacks should be placed on foreign-backed “terrorists.” But the rebel Free Syrian Army had accused the regime of carrying out the bombings to divert attention away from its brutal offensives elsewhere.
Regardless of who is responsible for the attacks on Syrian civilians, the fact remains that deaths are still occurring every day without any sort of reason. The Arab League ended its observer mission last month, leaving the people of Syria at the complete mercy of al-Assad’s regime. Until countries such as Russia and China decide that it is acceptable to send help in, it does not appear that the violence will stop and civilians will continue to suffer as the international community stands on the sidelines. With al-Assad’s regime still calling the plays on the field in the form of bombings, there seems to be no chance for the violence against the people of Syria to cease.
For more information, please see:
Ahram – Syria Resumes Shelling After Rejecting Peace Force – 13 February 2012
Al-Jazeera – Russia ‘To Consider’ Syria Peacekeeping Plan – 13 February 2012
BBC –Syria Rejects New Arab League Peace Mission Proposal – 13 February 2012
The Guardian – Syria Rejects Arab League Call For Peacekeeping Mission – 13 February 2012
NYT –Rejecting Arab League Pressure, Syria Resumes Shelling, Reports Say – 13 February 2012
CNN – Arab League Proposes Peacekeeping Force, Support for Syrian Rebels – 12 February 2012
As Anniversary of Unrest Approaches, Bahraini Civilians Keep Their Resolve For Change
By Adom M. Cooper
Impunity Watch Reporter, Middle East
MANAMA, Bahrain–Bahrain has deployed thousands of its security forces to confront any anti-government protesters ahead of the first anniversary of the beginning of a Shia-led uprising. Since 14 February 2011, the uprising is still seeking to loosen the ruling Sunni dynasty’s monopoly on power. The Sunni Muslim royal family rules the country, but most of its people are Shia, placing it on the tipping point of regional influence between neighboring countries Sunni Saudi Arabia and Shia Iran.

Opposition groups urged demonstrators and protesters to funnel towards an empty area that has become know as “Freedom Square” outside the capital, Manama. Since the uprising began, the Bahraini government has imposed martial law and effectively extinguished much of the unrest a month after it began, with the assistance of Saudi troops. The demonstrations and protests began again after the emergency law was lifted in June 2011.
The ruling Al-Khalifa family has accused Iran of stimulating the uprising. Iran has denied playing a role and Bahrain’s Shiite groups deny that they have received support from abroad. In an interview with Germany’s Der Spiegel magazine, King Hamad bin Isa Al-Khalifa accused his opponents of chanting in support of Ayatollah Khomeini, the leader of Iran’s 1979 revolution. The king has downplayed the severity of the threat the demonstrations and protests had posed to the 200-year-old rule of the Sunni dynasty.
“It’s just a case of manners. But when they shout ‘down with the king and up with Khomeini’ that’s a problem for national unity. I regret the events of the past year. But there is no ‘opposition’ in Bahrain, as the phrase implies one unified bloc with the same views. Such a phrase is not in our constitution, unlike say the United Kingdom. We only have people with different views, and that’s okay.”
With the king downplays the demonstrations and protests, the people of Bahrain still act with the belief that change will occur. According to several activist groups, teenagers blocked off streets in the village of Sanabis, approximately 2 kilometers west of Manama, taunting police as “cowards” and “mercenaries” because some are thought to be of Pakistani or Yemeni descent. A policeman shouted to the people to return to their homes.
“This gathering is illegal,” he said.
One teenager lobbed four petrol bombs some 30 meters towards a group of police, who responded with a volley of sound grenades and tear gas. Shops were mostly locked up in the district, which was riddled with blocked roads and anti-government graffiti.
In addition, opposition actions have involved marches organized by opposition parties with government approval, as well as street protests called by activists online under the title “February 14 Youth Coalition” which usually result in clashes with police. One of the activists, holding a large rock and covering his face with a scarf, said the clashes were a result of police brutality against peaceful protests. He shared these words with an Ahram correspondent.
“Today we sat outside our homes as a peaceful method of protest. Then the repression by these Khalifa forces began. So we have to confront them. It was before our houses. They are the one who came in their cars.”
The government has said such clashes are acts of “hooliganism” by youth who put police and other Bahrainis’ lives in danger. The police say they must act to restore law and order. Jamal Fakro, deputy head of the appointed house of parliament, shared these words with Al-Jazeera concerning the protesters.
“People have come to the conclusion that the opposition only want to bring unrest to the country. They are not serious about any goals.”
Shias account for about 70 percent of Bahrain’s population of some 525,000 people but claim they have faced decades of discrimination, such as being denied access to senior political and security posts. The Sunni leaders have taken some steps on reform, including relinquishing more power to parliament. In an announcement early on Monday 13 February 2012, King Hamad bin Isa al-Khalifa named a Shia, Sadok bin Abdulkarim al-Shehabi, as health minister. The health minister position is particularly important because Bahrain’s main hospital played a significant during the early weeks of the uprising with authorities claiming medical staff aided demonstrators. Dozens of doctors and nurses have been put on trial for their alleged participation.
The government has so far refused to make any far-reaching or long-term changes that the demonstrators, protesters, and main Shia group, Al Wefaq had demanded. Al Wefaq is the largest opposition party and their demands include ending the monarchy’s ability to select the government and set all-important state policies. Al Wefaq criticized authorities for imposing a “siege” on the villages of Manama ahead of the first anniversary of Bahrain’s “revolution.”
Al Wefaq released a statement on Sunday 12 February 2012 claiming that police stormed houses and fired tear gas indiscriminately in densely populated civilian areas. There were no reports of actual injuries. At least 40 individuals have lost their lives during the months of unprecedented political unrest in Bahrain. And until the majority of the population feels that its interests are adequately and appropriately served by the government and regardless of who is in power, the anniversary of the unrest is sure to elicit more harm than good for the people of Bahrain.
For more information, please see:
Ahram – Clashes in Bahrain, King Warns Against Disunity – 13 February 2012
Al-Jazeera – Bahrain Tense Ahead of Planned Protests – 13 Februrary 2012
The Guardian – Kettling Would Work Well in Bahrain, Says Former Met Police Chief – 12 February 2012
MSNBC – Pitched Battles in Bahrain as Protest Anniversary Nears – 13 February 2012
NYT – Bahrain Youths and Police Clash – 13 February 2012
CNN – 2 American Women Arrested During Protest in Bahrain – 11 February 2012