War Crimes Prosecution Watch Vol. 6 Issue 9–1 August 2011
Vol. 6, Issue 9 — August 1, 2011
INTERNATIONAL CRIMINAL COURT
Central African Republic & Uganda
- BembaTrial.org: Can Bemba Run for Congolese President from his ICC Jail?
- News24: UN Slams LRA Violence in Central Africa
- BembaTrial.org: Bemba Fronted for Congolese Presidency in November Polls
- allAfrica.com: Uganda: Army Officers to Face Trial
- The Daily Monitor: Kwoyelo Case Forwarded for Interpretation
- Sudan Tribune: UN Report Incriminates Sudan Army’s Acts in South Kordofan, Calls for ICC Probe
- ICC Press Release: ICC Reaches out to the Sudanese Diaspora in Dublin, Ireland
Democratic Republic of the Congo
- KatangaTrial.org: Witness: There Was Only One “Real” Child Soldier in Aveba
- LubangaTrial.org: Request for Observations on Offenses Against the Administration of Justice in Lubanga Case
- KatangaTrial.org: Detained Defense Witnesses in Katanga-Ngudjolo Case Seek Asylum
- The Telegraph: Libyan Officials Sought Guarantees Gaddafi Would Not Be Pursued for War Crimes
- The Guardian: Gaddafi Can’t Be Left in Libya, Says International Criminal Court
- Al Arabiya News: ICC Prosecutor Says Libya Obligated to Arrest Qaddafi
AFRICA
EUROPE
European Court of Human Rights
Court of Bosnia & Herzegovina, War Crimes Chamber
- Balkan Investigative Reporting Network: Local Justice – Hakalovic: Trial Postponed
- Balkan Investigative Reporting Network: Karadzic: Protection of the Serb people
- Balkan Investigative Reporting Network: Defense Counsel Assigned to Ratko Mladic
- Balkan Investigative Reporting Network: Entering of Goran Hadzic’s Plea Postponed
- Balkan Investigative Reporting Network: Decision on Bozidar Vucurevic’s Extradition Still Pending
International Criminal Tribunal for the Former Yugoslavia
- International Criminal Tribunal for the former Yugoslavia: Appeals Chamber Affirms Florence Hartmann’s Contempt Conviction
- International Criminal Tribunal for the former Yugoslavia: Goran Hadzic in Tribunal’s Custody
- Institute for War & Peace Reporting: Court Told What Tolomir Knew of Srebrenica
- Institute for War & Peace Reporting: Karadzic’s Wartime Authority Assessed
- Institute for War & Peace Reporting: Hadzic Refuses to Enter Plea
MIDDLE EAST AND ASIA
Extraordinary Chambers in the Courts of Cambodia
- VOA Khmer: CPP Chief Calls Next Tribunal Enough for ‘Justice’
- Phnom Penh Post: Hamill’s Lawyers on Warpath
- VOA Khmer: Tribunal Judge Sees At Least Two Years of Trials Ahead
- Special Tribunal for Lebanon: El Sayed Appeal
- Special Tribunal for Lebanon: The President of the Tripoli Bar Association Visits the Special Tribunal for Lebanon
- Daily Star: Tribunal Financially Sound
- Daily Star: Lawyers Urge World to Stand Behind Tribunal
- Special Tribunal for Lebanon: Pre-Trial Judge Lifts Confidentiality from Parts of the Indictment
- Special Tribunal for Lebanon: Salim Janil Ayyash
- Special Tribunal for Lebanon: Hussein Hassan Oneissi
- Special Tribunal for Lebanon: Mustafa Amine Badreddine
- Special Tribunal for Lebanon: Assad Hassan Sabra
- Special Tribunal for Lebanon: Prosecutor Bellemare Takes Measures to Facilitate Arrest of Accused
NORTH AND SOUTH AMERICA
TOPICS
- BBC: Mumbai Blasts: Probe Into ‘Suspect’ Death
- The Washington Post: Nigeria: 5 Cops Plead Not Guilty to Killing Sect Leader, Committing Terrorist Act
- The Washington Post: Greek Court Jails 6 for Terrorism Over Militant Anarchist Group’s Bombings
- Jakarta Globe: Bali Bombing Suspect Patek to Be Sent Home for Trial
- Time: France’s Counter-Terrorism Ace Finds Himself Under Scrutiny
- BBC: Amnesty: Saudi Terror Law ‘Would Strangle Protest’
- Los Angeles Times: Insanity Defense Might be Used for Norway Attacks Suspect
REPORTS
COMMENTARY AND PERSPECTIVES
- JURIST: The Mumbai Bombings and the Law of US-Pakistan Relations
- The Japan Times: Again, Justice for Cambodia
- International Justice Tribune : Prosecuting ‘Genocidaires’ in Arusha
- Truthout: Former Guantanamo Chief Prosecutor: David Hicks’ War Crimes Charge Was a “Favor” for Australia
- American Society of International Law: African Court on Human and Peoples’ Rights, Response to the Situation in Libya
- The Daily Star: MP Aoun: STL Issues Should Be Brought to U.N
- Huffington Post: The Prosecutor v. Muammar Gaddafi and a Step Closer to Justice
- Voice of America: Ivorian President Says Justice Will Be Applied Equally
- International Business Times: Gaddafi, NATO Forces and the ICC: What About International Justice
WORTH READING
- SSRN: Explaining State Commitment to the International Criminal Court; Strong Enforcement Mechanisms as a Credible Threat
- SSRN: The Policy Requirement in Crimes Against Humanity: Lessons from and for the Case of Kenya
—
Senegalese Rapper Released After Questioned for Criticizing President
By Carolyn Abdenour
Impunity Watch Reporter, Africa
DAKAR, Senegal – On Wednesday, July 27, Senegal’s police released the popular rapper Omar Toure from custody after they questioned him for criticizing President Abdoulaye Wade at a rally on Saturday. The police arrested Toure, known as Thiat, around 5 P.M. on Monday because he objected to Wade’s bid for a third term. Toure was not officially charged before being released. The Media Foundation of West Africa (“MFWA”) reported that police released Toure on the conditionthat he would remain in the jurisdiction.
Fadel Barro, coordinator of the Fed-Up Movement, reported Toure’s arrest. Toure is one of the leaders of Fed-Up, a collection of rappers founded last January. This movement has emerged as a symbol of protest against social ills, corruption, and power cuts in Wade’s regime.
Wade’s opposition suggests Toure’s arrest reflects a “growing intimidation ahead of the polls.” His opposition believes Wade has become a dictator during his eleven-year tenure, citing Wade’s high-handed measures to limit citizens’ freedom of expression against the government.
Toure has played a fundamental role in organizing the youth vote. In January, he assisted in launching the Enough is Enough movement, which encourages the youth to register to vote and cease political apathy. When the police arrested Toure, dozens of youth gathered in Darkur, Senegal’s capital, to protest his detention.
Wade’s opposition and other civil society organizations sponsored the “June 23 Movement”, a rally opposed to Wade’s pursuit of a third-term in the 2012 election despite a government ban on public demonstrations in Dakar issued the previous week. At the rally at Obélisque Square in Dakar, Toure said “An old person of 90 years, who tells lies, does not deserve to lead the country.”
Last month when Wade introduced the constitutional amendment that would allow him to seek a third term, riots erupted throughout the country. Senegal elected Wade in 2000 and reelected him in 2007. Wade’s official age is 85, but many Senegalese citizens believe he is even older.
In February, Toure stated “It’s too bad, but the Wade regime is one of the worst we’ve ever seen…It’s one of the most criminal regimes in the world.” Toure advocates for a president that fuses the politics of Hugo Chavez with the youth of Gambian President Yaya Jammeh.
Toure’s slogan emphasizes his push to increase electoral participation; “You’re not a citizen if you don’t have a voting card.”
For further information, please see:
BBC – Senegal police free anit-Wade rapper Toure aka Thiat – 27 July 2011
Senegambia News – Senegal ALERT: Musician arrested for criticising President Wade – 27 July 2011
Mail and Guardian – Senegal cops hold ‘Fed Up’ leader on mystery rap – 26 July 2011
New York Times – Protest after Senegal Arrests Activist Rapper – 26 July 2011
Religion Becomes New Question as Islamists Join Tahrir Protests
By Zach Waksman
Impunity Watch Reporter, Middle East
CAIRO, Egypt – The continued protests against Egypt’s ruling Supreme Council of Armed Forces (SCAF) suddenly changed their tone on Friday. Tens of thousands of Islamists flooded Cairo’s Tahrir Square, the center of the African kingdom’s continued push for democracy that has spanned past several weeks, and recited anthems calling for a country governed by Islamic Sharia law.

The impressive demonstration was the largest to take place since the revolution that ousted President Hosni Mubarak from power in February. Originally advertised as a peaceful rally dubbed the “Friday of unity and closing ranks” that was meant to reiterate the revolution’s demands, it was instead dominated by Islamic groups, including fundamentalist Salafis and the more moderate Muslim Brotherhood, two of the demonstration’s organizers. Some secular activists who attended claimed to have been silenced, leading twenty-eight secular organizations to withdraw from the square in protest to the event. The famed April 6th group, one of the leading secular groups, denied that report.
After years of suppression by Mubarak, the demonstration marked a resurgence of religious organizations as a political force in Egypt. The clearest sign of this development was the chants heard Friday, many of which played off of those said during prior demonstrations. Instead of “Hold your head up high, you’re Egyptian,” nationality was replaced by religion, using “Muslim” as the final word in the slogan. To participants, the rally was a signal of how efficiently Islamists could organize themselves. “We’re showing today — to both the people and to the military leadership — that we’re the majority of the population,” Haithem Adli, a participant who held up a banner that read in part, “Together on the path to heaven,” told the New York Times.
“If democracy is the voice of the majority and we as Islamists are the majority, why do they want to impose on us the views of minorities — the liberals and the secularists?” asked Mahmoud Nadi, a student who built off of Adli’s comments. “That’s all I want to know.”
Among secular activists who witnessed the spectacle, reaction was mixed. Some of them believed that the performance would have little overall effect. One such activist, Mohammed Deraz, accepted the Islamists’ presence, but felt that they were only trying to capitalize on the momentum created by people like himself in starting and continuing the revolution. “We made this revolution and we will continue,” he said. “…[N]obody will steal my revolution. I made it by myself and I will continue to the end or I will die. Give me liberty or give me [death], that’s what I’m doing.” Another secular protester believed that this rally was a one-time event, and that the Islamists would leave the square and let the ongoing sit-in continue.
In the aftermath of the rally, top analysts believe that the demonstration was a show of power that could not be exceeded. Emad Gad, a political analyst with the Ahram Center for Strategic and Political Studies, said that it “represent[ed] the full capacity of the Islamist forces[.]” Additionally, the different groups would need to be treated differently, according to Rabab Al-Mahdi, a professor of political science at the American University in Cairo. “There are different trends, the Salafis, former militant groups like the Gamaa Islamiya, the Muslim Brotherhood and they all have different ideas on how to conduct politics and what they mean by an Islamic state,” she said.
And because of how the event quickly became an Islamist demonstration, the overall impact for the organizers could be a negative one. Such a result is already proving true. The Muslim Brotherhood’s Freedom and Justice Party rejected the slogans vocalized on Friday. Party Vice Chairman Essam al-Erian wrote on the Party’s website that it had previously rejected such demands and did so again after participants attempted to impose their views.
The Muslim Brotherhood’s role in Egypt’s transition to democracy appears to be critical. But what that role is remains unclear, leading to continued speculation.
For more information, please see:
Agence France-Presse — Egypt rally not harbinger of Islamic state: analysts — 31 July 2011
Australian Broadcasting Corporation — The growing power of Egypt’s Islamists — 29 July 2011
Al-Masry Al-Youm — Freedom and Justice Party rejects Islamist slogans in Tahrir — 29 July 2011
New York Times — Islamists in Egypt Flood Square in Cairo in Show of Strength — 29 July 2011
Voice of America — Islamists Show Solidarity in Massive Egypt Rally — 29 July 2011
Al-Ahram Weekly — The Islamists are coming — 28 July 2011
China tightens Wi-Fi Regulations
By Greg Donaldson
Impunity Watch, Asia
BEIJING, China – New Chinese internet regulations will require bars, restaurants, and bookstores that offer internet access (Wi-Fi) throughout the country to install new web monitoring software reports the New York Times. The software, which costs approximately 3,100 (USD), allows security officials to access the identities of internet users in public places.

The software will also give officials the ability to know what the internet user is viewing. Business owners who fail to abide by the new regulations may be subject to a 23,000 dollar fine and the lost of their business license.
China already has some of the strictest internet regulations in the world. When the Apple “iphone” was first released in China, Wi-Fi capabilities had to be disabled in order to be legally sold in the country. Since then Apple has modified its products to meet the specifications set forth by the government reports the Wall Street Journal.
Last year, the government blocked more than one million websites from viewers. While many of the websites were pornographic, Facebook, Twitter, and YouTube were also blocked reports the New York Times.
Although the new regulations do not directly decrease the availability of the internet to Chinese citizens, many people are concerned. “From the point of view of the common people, this policy is unfair,” said Wang Bo, the owner of L’Infusion, a cafe that features crepes, waffles, and Wi-Fi. Wang Fang, 28, an advertising sales agent explained “To be honest, I can get internet at home or at work, but it’s nice to just sit in a comfortable place and surf the Web.”
Business owners who rely on Wi-Fi to attract customers are concerned about the costs associated with the new regulations. A manager of a local café called Kubrick told the New York Times that it unplugged its router earlier in the month to avoid paying for the software. However, the manager explained that the loss of Wi-Fi has led to a thirty percent decrease in business because people do not have a reason to come anymore.
Another bookstore owner told the New York Times she unplugged her router because she refuses to play a role in the government monitoring what citizens view on the internet. Ray Heng, the owner of a Mexican restaurant, told the New York Times that he feels the government should foot the bill for the new software if it is so concerned about monitoring the internet.
The Dongcheng Public Security Bureau has not commented on the new regulations, but according to its publicly issued circular, the measure is designed to frustrate criminals who use the Internet to “conduct blackmail, traffic goods, gamble, propagate damaging information and spread computer viruses” reports the New York Times.
China has vigorously defended its position on internet regulations in the past. In fact, China has responded to U.S. criticisms over internet monitoring by stating the U.S. acts in the exact same manner under the Patriot Act.
For more information, please see:
Sydney Morning Herald — Officials in China to monitor public Wi-Fi use – 28 July 2011
New York Times — China Steps Up Web Monitoring, Driving Many Wi-Fi Users Away – 25 July 2011
Wall Street Journal — Apple Eyes Bigger Slice of Chinese Market – 19 July 2011
BBC — China tightens internet censorship control — 4 May 2011
China Daily — Google’s excuse about censorship unacceptable, netizens say – 22 March 2010