War Crimes Prosecution Watch, Vol. 6, Issue 7– July 5, 2011
Volume 6, Issue 7 — July 5, 2011
INTERNATIONAL CRIMINAL COURT
Central African Republic & Uganda
- Uganda Pulse: Uganda Government News: Col. Kwoyelo’s Trial Scheduled for Next Month
- BembaTrial.org: Central African Judicial Official Testifies in Bemba Trial
- BembaTrial.org: Central African Soldiers Looked on as Bemba’s Soldiers Rampaged
- BembaTrial.org: Witness Unsure Whether Pillagers Were Bemba’s Soldiers
- BembaTrial.org: Central African Magistrate Concludes Testimony
Darfur, Sudan
Democratic Republic of the Congo
- KatangaTrial.org: Commander Yuda Planned the Attack on Bogoro, Witnesses Claim
- KatangaTrial.org: Trial Chamber Orders Protective Measures, says Witnesses Could be Returned to the DRC if Asylum Claim Rejected
- KatangaTrial.org: Witness 148 Denies his Testimony was Influenced
Kenya
Libya
- AFP: Kadhafi Defectors Tell of Orders To ‘Show No Mercy’
- International Criminal Court – Press Release: Pre-Trial Chamber I Issues Three Warrants of Arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdualla Al-Senussi
- The New York Times: Hague Prosecutor Calls for Libya to Arrest Qaddafi
- AFP: White House Hails ICC Warrants on Kadhafi
- Reuters Africa: China Calls For “Prudence” On Libya War Crimes Warrants
AFRICA
International Criminal Tribunal for Rwanda
- The New Times: ICTR to Deliver Judgment on Four Former Ministers This Year
- Hirondelle News Agency: Former Interahamwe Militia Leader Pleads Not Guilty to Genocide
- Hirondelle News Agency: Judgement with 569 Pages for Four Military Officers Availed
- The New Age: Genocide Ruling Friday for First Female Alleged Mastermind
- Hirondelle News Agency: Third Rejection of General Gatsinzi’s Statement in Nizeyimana Trial
- Hirondelle News Agency: Kabuga Duty Counsel to Call Defence Witnesses in 2012
- International Criminal Tribunal for Rwanda: Butare Judgement Delivered
- The New Times: ICTR Refers First Trial to Rwanda
EUROPE
European Court of Human Rights
Court of Bosnia & Herzegovina, War Crimes Chamber
- The Court of Bosnia and Herzegovina: Trial Verdict Revoked In Radomir Vukovic Et Al.
- The Court of Bosnia and Herzegovina: Zurahid Mujcinovic And Sulejman Hrustic Plead Not Guilty
- The Court of Bosnia and Herzegovina: Indictment Confirmed in the Zoran Marjanovic Case
International Criminal Tribunal for the Former Yugoslavia
- Institute for War & Peace Reporting: Bosniak Detainee Speaks of Beatings
- Internationl for War & Peace Reporting: Gotovina Defence Wants Serb Wartime Documents
- Institute for War & Peace Reporting: Seselj in Third Contempt Case
- Institute for War & Peace Reporting: Court Hears of Nova Kasaba Detainees
- International Criminal Tribunal for former Yugoslavia: ICTY Judges Hold Peer-To-Peer Meeting with Judges from former Yugoslavia
Domestic Prosecutions In The Former Yugoslavia
- Adnkronos International: Croatia: Three former police officials arrested for alleged war crimes
- The Roanoke Times: Alleged Bosnian war criminal arrested in Roanoke County
- The Roanoke Times: Man Accused of War Crimes Allowed to Await Trial at Home
MIDDLE EAST AND ASIA
Extraordinary Chambers in the Courts of Cambodia
- VOA Khmer: Tribunal Case Applicant Names Three More Suspects
- VOA Khmer: Tribunal Orders Four Jailed Suspects to Appear
- VOA Khmer: In Hearing, Ieng Sary Defense Seeks His Release
- Phnom Penh Post: Historic Case 002 Opens at KRT
- VOA Khmer: Khmer Rouge UN Tribunal Centers on Controversial Amnesty
- Phnom Penh Post: More Questions for KRT Case 003
- Phnom Penh Post: KR Tribunal: Contempt Proceedings Considered
- Phnom Penh Post: Khieu Samphan Speaks
Special Tribunal for Lebanon
- Asharq Alawsat: Mikati Gov’t Obliged to Cooperate with Special Tribunal – Legal Source
- NOW Lebanon: Future Bloc Warns Against Renouncing STL
- Naharnet: Lebanon in Wait-and-See Situation over Indictment as STL Remains Mum
- Daily Star: Sidelining STL Will Draw International Reaction: Geagea
- NOW Lebanon: Soueid Says Cabinet Has Duty to Cancel the STL
- NOW Lebanon: Wahhab Says No One Can Promote the STL Indictment
- Daily Star: STL ‘Suspects’ Hezbollah Commander
- Al Jazeera: Interior Minister Confirms Hariri Indictments
Bangladesh International Crimes Tribunal
- Gulf Times: Trial of Two War Criminals Set to Begin
- Daily Star: War Tribunal to Get Clout
- Bangladesh News 24: Suranjit Slams Shafique over Trial Disclosure
War Crimes Investigations in Burma
NORTH AND SOUTH AMERICA
United States
- Los Angeles Times: Iran Slams U.S. at Conference on Fighting Terrorism
- Miami Herald: Latest Guantánamo Prison Camp Suicide was ‘Indefinite Detainee’
- National Journal: Senate Panel Authorizes Libya Operations, With Conditions
TOPICS
Terrorism
- Jakarta Globe: Tholut Faces Weapons Counts, Again
- CTV News: Top Court to Rule on Convicted Terrorist’s Appeal
- The Telegraph:Terrorism Arrests Halve
- Nairobi Star: 24 Piracy Suspects Handed Over to Country
Piracy
- Nairobi Star: 24 Piracy Suspects Remanded in Police Cell
- Deutsche Presse-Agentur: Somalia Wants Anti-Piracy Court Within its Territory
- IANS: Germany Calls for Prosecution of Somali Pirates
- IANS: New Anti-Piracy Law Ready for Parliament
Universal Jurisdiction
REPORTS
UN Reports
- The UN News Centre: Guatemala: UN Envoy Against Sexual Violence Hails Arrest of Former Top Military Figure
- The UN News Centre: States Must Take Effective Measures to Prevent Torture — UN Chief
TRUTH AND RECONCILIATION COMMISSIONS
Ivory Coast
Kenya
- Daily Nation: Torture Victims to Snub Truth Team
- Kenya Broadcasting Corporation: TJRC Requests Extention of Time
- Kenya Broadcasting Corporation: Activists Call for the Disbandment of TJRC
Thailand
COMMENTARY AND PERSPECTIVES
- Opinio Juris: The Contrast Between Libya and the Pre-AUMF “War” with Al-Qaeda
- CNN: U.S. Strains Credibility on its Libya Role
- International Justice Tribune: Albright: Beyond Global Justice
- American Society of International Law: Rwanda’s Gacaca Courts: Implications for International Criminal Law and Transitional Justice
- Opinio Juris: The CMCR Invents the “War Crime” of Material Support for Terrorism
- Christian Science Monitor: Libya’s Qaddafi Charged with War Crimes: a Help or Hindrance to NATO?
- Australian Broadcasting Company: Gaddafi Will Fight it Out: Bolton
- Council on Foreign Relations: Will the ICC Help Defeat Qaddafi?
- Groundviews: Two Years After the End of the War in Sri Lanka
- LA Times: How to Depose Kadafi
WORTH READING
- Villanova Law Review: Jurisdiction to Adjudicate and Jurisdiction to Prescribe in International Criminal Courts
- Virginia Journal of International Law: Diplomatic or Consular Immunities for Criminal Offenses
—
EGYPTIANS RIOT IN SUEZ
by Adom M. Cooper
Impunity Watch Reporter, Middle East
SUEZ, Egypt–After a court upheld the release on bail of policemen accused of killing 17 people during an uprising, hundreds of family members of the victims displayed their own disapproval with the outcome. They attacked police cars and flung stones at the court building.

On July 4, 2011, the same sort of displeasure was festering in Cairo when the seven officers were originally granted bail. The snowball effect has been in full swing in Egypt as anger has been mounting about the slow pace of the trials for officials and security forces of former President Hosni Mubarak.
These seven officers are part of a group of 14 facing trial over the murder of 17 protesters and the wounding of 300 others. The other seven decided to flee and are currently being tried in absentia.
Activists have called for a demonstration this coming Friday, July 8, 2011, in Cairo’s Tahrir Square, hoping to muster more then a million protesters. Tahrir Square is the nerve center for the protests that forced former President Hosni Mubarak to resign on February 11th of this year.
Since that time, only one single policeman has been convicted in more than a dozen court cases over the death of approximately 850 people in the government-wide crackdown on protesters.
The case of these police officers is just a microcosm of the increased tensions in Egypt. The management of legal proceedings against security forces who used deadly force in the uprising, killing approximately 846 civilians and wounding thousands, has only further angered the protesters desiring change.
Egypt’s opposition movement, the Muslim Brotherhood, has decided to support Friday’s planned protest. Ayman Mohyeldin, an Al-Jazeera correspondent, shared these sentiments while reporting from Egypt on the developing situation:
“Military police are here on the scene, they are trying to control the situation, but so far they have been unsuccessful in pushing the crowd back. They have been able to secure the entrance to the building in order to secure the people from going in, but the situation outside remains very tense. This situation highlights the frustration Egyptians have toward the process of justice that is unfolding.”
At the other end of the spectrum, approximately 10,000 civilians face military trials for their participation in the protests. These trials have further spit fuel onto the fire of pro-democracy activists calling for the end of the oppressive methods of Mubarak’s regime.
For more information, please see:
NYT-Acquittals of Ex-officials Feed Anger Across Egypt-05 July 2011
Al-Jazeera-Riots outside Suez security building-06 July 2011
BBC-Egyptians riot in Suez over police trials-06 July 2011
Wall Street Journal-Rage at Police Fuels Egypt Rioting-30 June 2011
Several Dead in Kabul Hotel Raid
By Greg Donaldson
Impunity Watch Reporter, Asia
KABUL, Afghanistan— Approximately nine Taliban suicide bombers stormed the prestigious hilltop Inter-Continental Hotel in the capital city late Tuesday night, killing up to twenty-one people in the raid. Armed with rocket-propelled grenades and other weapons, the attackers entered the heavily guarded hotel where foreigners and authorities generally stay. An Afghan security official said that three of the suicide bombers detonated their explosives, one in front of the main gate, one on the second floor and one behind the hotel, reports the Khaama Press.

It is unclear whether the attack was in response to a local governor’s meeting or the upcoming transfer of police power. Regardless, the attack comes at a critical time as the United States plans to transfer security responsibilities to the national intelligence police in Kabul on the fourteenth. Afghan president Hamid Karzai has stated for months that his security forces are competent enough to handle Taliban attacks. President Obama has also announced the withdrawal of 33,000 American troops by the end of next year.
In response to the various Taliban attacks that preceded and followed the hotel bombing, President Karzai has spoken with Pakistan President Asif Ali Zardari about doing more to prevent Taliban activities. Both sides point fingers at the other when discussing the Taliban’s actions in their countries, but Afghan and US officials have pushed Pakistan to do more on the Pakistani side of the border to prevent future attacks reports Dawn.
Kamel Khan, a businessman, was visiting the hotel when the raid began. Khan heard gunfire and saw a man carrying a machine gun, with an ammunition belt across his chest, and a backpack. Khan stated “He stared at all of the guests like he wanted to kill us, and he had enough bullets to do it, but for some reason he just turned and kept going.”
Another hotel visitor, Maulvi Mohammed Orsaji, the head of the Takhar Provincial Council, was having dinner with a judge in the hotel’s formal dining room when several gunmen entered the room and killed the judge and Orsaji’s guard. Orsaji related that he had previous military experience, but he had never seen such a wild attack in his life. Some of the bombers carried tape recorders playing Taliban war songs and shot at anyone they saw, reports MSNBC.
When Afghan security forces entered the building, some of the attackers blew themselves up. A NATO helicopter then killed the remaining insurgents in a rooftop battle reports MSNBC. In a statement claiming responsibility for the attack, Taliban spokesman Zabiullah Mujahid said he received a phone call from one of his fighters during the raid. The fighter stated that the attackers killed the guards at one of the entrances to the hotel, and the assault was going as planned reports MSNBC.
Lutfullah Mashal, spokesman for the national intelligence police, continued to proclaim that the local police have the ability to protect residents from terrorist attacks in a news conference following the hotel siege. However, police officials were unable to explain how the attackers were able to enter the heavily guarded hotel with such a large arsenal of weapons.
For more information, please see:
Dawn– Karzai raises concerns with Pakistan over attacks — 5 July 2011
Khaama Press — Group of Suicide Bombers Stormed Kabul Intercontinental Hotel – 30 June 2011
Miami Herald — US-led coalition: Pakistan group behind Kabul hotel attack – 30 June 2011
Khaleej Times — 21 dead as Taleban storm Kabul hotel – 29 June 2011
MSNBC – ‘Everybody was shooting’: 18 die in Kabul hotel attack – 29 June 2011
Washington Post — Kabul hotel siege leaves at least 11 civilians dead – 29 June 2011
Appeals court finds Dutch responsible for Srebrenica massacre victims
By Polly Johnson
Senior Desk Officer, Europe
THE HAGUE, Netherlands – In a landmark ruling, a Dutch appeals court in The Hague ruled on Tuesday that the Dutch state was responsible for the deaths of three Bosnian Muslim men in the infamous 1995 Srebrenica massacre.

Analysts have called the ruling historic and a possible floodgate for future compensation claims for victims of the Srebrenica massacre. The court ordered the Dutch government to pay compensation to the dead men’s relatives.
The three Bosnian Muslims became members of the Dutch peacekeeping group known as “Dutchbat” in July 1995 and took shelter in the Dutchbat-run United Nations “safe” compound on July 11, 1995. When Bosnian Serbian troops under the command of General Ratko Mladic invaded the compound, Dutch peacekeepers turned the three Bosnian Muslim men over to Mladic’s troops. They, along with more than eight thousand Bosnian Muslim men and boys, were subsequently rounded up and shot, marking the deadliest European massacre since World War II.
The appeals court has now ruled that the Dutch peacekeepers were wrong to turn the three men over to Mladic’s forces, and more, that the Dutch state bore responsibility for their deaths. Now, the court ruled, the government must pay damages to the victims’ next-of-kin.
The ruling renewed an age-old debate regarding the Dutch role in the Srebrenica slaughter and to what extent the Dutch peacekeepers could have prevented the massacre. The discussion has been amplified since the capture and arrest of General Mladic, who is currently awaiting trial at The Hague on charges of crimes against humanity and genocide related to his role at Srebrenica.
Relatives of the victims praised the court’s decision, which overturned a previous decision by the Netherlands ruling that the state was not responsible for the deaths because the Dutchbat was operating under a UN mandate.
“This ruling is a very good thing. It certainly paves the way that the Dutch state be also proclaimed responsible for what has happened in Srebrenica, for other victims also,” said Sabaheta Fejzic, whose husband and son were killed at Srebrenica and who is a part of the Mothers of Srebrenica association.
“The fact that the state is finally held responsible for this act of cowardice is some little relief,” Fejzic said.
The case was brought by relatives of Rizo Mustafic, who worked as an electrician for the Dutchbat, and by Hasan Nuhanovic, an intepreter who lost his father and brother at Srebrenica.
For more information, please see:
ABC News – Dutch found responsible for Srebrenica deaths – 5 July 2011
BBC – Dutch state ‘responsible for three Srebrenica deaths’ – 5 July 2011
Independent – Dutch state admits responsibility over Srebrenica deaths – 5 July 2011
Irish Times – Netherlands ruled at fault over three Srebrenica deaths – 5 July 2011