War Crimes Prosecution Watch: Vol. 8 Issue 17 – Monday, 18 November 2013
International Criminal Court
Central African Republic & Uganda
- Bemba Trial: Bemba’s 33rd Witness Continues His Testimony in Closed Session
- Bemba Trial: Bemba’s Lawyer Get Two More Weeks to Conclude Evidence
- Bemba Trial: Judges Deny Prosecution Request to Question Bemba
- Bemba Trial: Witness Called by Bemba Judges to Testify Next Week
- Bemba Trial: Soldier Testifies About Date Bemba’s Forces Were Deployed in Conflict
- Bemba Trial: Former MLC Soldier Says He Was Scared of Being Prosecuted
Darfur, Sudan
- United Press International:International Criminal Court Turns Eye to Darfur
- All Africa:Sudan: Khartoum Invites UN and AU Monitors to Attend Darfur Trials
Democratic Republic of Congo
- Katanga Trial: Defense Observations on Article 25(3)(D)
- All Africa:Congo-Kinshasa: Swiss Firm Suspected of Complicity in DRC War Crimes
- Katanga Trial: Prosecution Argues Witnesses Have No Basis for Appeal
Kenya
- Daily Ethiopia:Kenyan President ICC Trial Postponed
- The Standard Digital News: Deputy President William Ruto Allowed to Be Away Next Week
- The Standard Digital News: Seventh International Criminal Court Witness to Take the Stand
- All Africa: Kenya: Uhuru, Ruto in Final Bid to Defer ICC Cases
- All Africa: Kenya: Ruto’s ICC Trial May Resume After Nov 18
- All Africa: Kenya: ICC Witness Disowns Prosecution’s Video
- Capital News: ICC Witness Alleges Attack Were Premeditated
- The Standard Digital News: ICC Prosecutor Fatou Bensouda Says She Has Evidence of Witness Bribery
- All Africa: Kenya: Ruto Gave Money for Chaos, Says Witness
- The Standard Digital News: Uhuru Accuses ICC of Fraud, Wants Case Dismissed
- Capital News: Ruto, Sang Trial to Resume November 21
- The Standard Digital News: Iringo ‘Furious’ over ICC Witness Coaching Claim
- Amnesty International:UN Security Council Must Reject Calls to Defer ICC Trial on Kenya
Libya
Cote d’Ivoire (Ivory Coast)
- Voice of America: Ivory Coast Opposition to International Court: Release Gbagbo
- The Guardian:Laurent Gbagbo to Remain Behind Bars, Rules ICC
Africa
International Criminal Tribunal for Rwanda
- All Africa: ICTR Promises Help in Genocide Cases
- All Africa: UN Court Says Closing in on Genocide ‘Big Fish’
- Global Post:French Court Back Extradition of Rwanda Genocide Suspects
Mali
- Human Rights Watch:Mali: Big Step for Justice in “Disappearance” Case
- Reuters:Mali Summons Coup Leader for Questions Over Army Violence
Chad
Special Court for Sierra Leone
Europe
Court of Bosnia & Herzegovina, War Crimes Chamber
- Court of Bosnia & Herzegovina: Status Conference in the Case v. Goran Saric
- Court of Bosnia & Herzegovina: Public Session of the Appeals Panel in the Case v. Muhidin Bašic et al.
- Court of Bosnia & Herzegovina : Status Conference in the Case v. Aleksandar Cvetkovic
- Court of Bosnia & Herzegovina: Trial Verdict Confirmed in Relation to Dragan Neškovic and Zoran Ilic
- Court of Bosnia & Herzegovina: Main Trial to Commence in the Case v. Aleksandar Cvetkovic
- Court of Bosnia & Herzegovina: Closing Speeches in the Case v. Zoran Milic
International Criminal Tribunal for the Former Yugoslavia
- Institute for War and Peace Reporting: Karadzic Seen As “Weak” Political Figure
- Institute for War and Peace Reporting: Witness Says Sarajevo Shells Came From Bosnian Serb Positions
- Institute for War and Peace Reporting: Karadzic Witness Questioned on Own Srebrenica Role
Domestic Prosecutions in the Former Yugoslavia
- Balkan Insight: Serbia Charges Army Officers With Kosovo Killings
- Balkan Insight: Kosovo Ex-Guerrillas Deny War Crimes Charges
- Balkan Insight: Bosnian Serbs Acquitted of Kalinovik Detentions
- Balkan Insight: Bosnian Croat Jailed for Dretelj Camp Murders
Middle East and Asia
Extraordinary Chambers in the Courts of Cambodia
- Phnom Penh Post: KRT Wraps Up First Sub-Trial
- VOA Khmer: Prosecutors Urge Speedy Verdict in Trial of Aging Leaders
- Phnom Penh Post: Clinton Weighs in on Human Rights
- Asian Correspondent: Time the Biggest Obstacle in Khmer Rouge Trial
- The Cambodia Daily: KR Tribunal Must Explore Options for Future
- Phnom Penh Post: KR Trial Could End in ‘Disgrace’: Monitor
Bangladesh International Crimes Tribunal
- The Global Post: Bangladesh Sentences British Muslim Leader, US Citizen to Hang
- The Dhaka Tribune: War Criminal Alim Challenges Tribunal Verdict
- Bangladesh News 24: Jamaat Leader Azharul Indicted
- Outlook India: B’desh Tribunal Wraps Up Jamaat Chief’s War Crimes Trial
War Crimes Investigations in Burma
- Mizzima: Hundreds of Villages Flee New Fighting in Kachin State
- Karen News: Kachin Conflict: Burma Army Accused of Raping Villagers
North and South America
United States
- The Guardian: US Ordered to Hand over Red Cross Files on Conditions at Guantánamo Bay
- Al Jazeera: Deconstructing the Drone War
- The Washington Post: Kerry Defends Proposed Iran Nuclear Deal; Israel Objects
- The Washington Post: White House Works to Delay Iran Sanctions that Could Affect Nuclear Talks
South and Central America
Chile
Colombia
- MercoPress: Colombia/FARC Announce ‘Fundamental Agreement’ on Political Future of Guerillas
- Colombia Reports: ELN Supports Political Participation Deal with FARC
Argentina
Guatemala
- The Guardian: Guatemalan Lawyer Travels to US to Press Rios Montt Genocide Conviction
- Amnesty International: Guatemala: Rios Montt Trial Delay is a Letdown to Genocide Victims
Topics
Terrorism
- USA Today: Holder: Try Terrorism Suspects in Civilian Court
- Los Angeles Times: Kenya Mall Attack: Four Somalis Charged with Aiding Deadly Assault
- Telegraph: Edward Snowden Spy Leaks: Liam Fox in Push for Guardian Newspaper to Be Prosecuted
- Kansas City Star: Anti-Terrorism Case in US Key Test for Israel
- The New York Times: State Department Calls Group in Nigeria Terrorists
Piracy
Gender – Based Violence
- IRIN: Fighting Gender-Based Violence in Sierra Leone
- BBC: India Supreme Court Investigates Ex-Judge for Sexual Harassment
- Thomson Reuters Foundation: Syrian Women Suffer Inside Their Country and Out
- DNA: Acid Attacks Horrifying Forms of Gender-Based Violence: Delhi High Court
- International Business Times: London: Police Arrest Two for Female Genital Mutilation of Six-Week-Old Baby
Reports
UN Reports
- Ahram Online: Nigeria’s Boko Haram Could Be War Criminals: UN
- All Africa: Congo-Kinshasa: Swiss Firm Suspected of Complicity in DRC War Crimes
- Global Post: Makenga, DRC’s Wily Rebel Chief Seen as Was Criminal by UN
- San Francisco Gate: Renowned Prosecutor Says War Criminals No Longer Heroes
Truth and Reconciliation Commissions
Northern Ireland
Tunisia
Indonesia
Kenya
Commentary and Perspectives
- Communis Hostis Omnium: International Anti-Piracy Efforts in Somalia Must Continue: UNSG
- The New York Times: Kenya and the International Criminal Court
- Justice in Conflict: Searching in Vain: Perfect Justice in Syria
- Communis Hostis Omnium: Follow the Khat: Tracking Piracy’s Financial Flows
- Justice in Conflict: Kenyatta’s Next Move: What Kenya Wants from the ICC
Worth Reading
- The Sentencing Legacy of the Special Court for Sierra Leone, in the Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law
- The Law and Practice of the International Criminal Court: A Critical Account of Challenges and Achievements: Co-Perpetration: German Dogmatik or German Invasion?
- Cardozo Journal of International and Comparative Law: Frivolous Motions and Abuses of Process at the Ad Hoc International Criminal Tribunals
- Stanford Journal of Complex Litigation: From Kiobel Back to Structural Reform: The Hidden Legacy of Holocaust Restitution Litigation
U.S. Sergeant Charged With Killing Two Iraqi Civilians
By Darrin Simmons
Impunity Watch Reporter, Middle East
BAGHDAD, Iraq-A United States army soldier has been charged with two counts of premeditated murder over the deaths of two Iraqi civilians. Sergeant Michael Barbera will face a hearing dealing with the deaths that occurred on March 6, 2007.

Barbera was charged last Wednesday while stationed at Joint Base Elmendorf-Richardson in Alaska. Accusations of these killings first came to light last December when a Pittsburgh Tribune-Review investigation published its article.
The report claimed that Sergeant Barbera was ordered by his team leader to kill two teenage cattle herders for the belief that they were insurgents operating out of a nearby farm, and a third boy later walking towards. However, the two boys were brothers, age 15 and 14, were both deaf and unarmed. None of the three boys had any ties to the insurgency.
According to the Tribune-Review, members of Sergeant Barbera’s squad reported the killings to Army investigators but no actions were taken. Frustrated at the lack of action, several squad members approached the newspaper with the story.
Of the three deaths, Sergeant Barbera is only being charged with two deaths. Authorities have yet to release the names of the two people that Sergeant Barbera is accused of killing.
Sergeant Barbera is facing an Article 118 premeditated murder charge with two specifications of murder, and an Article 134 charge of two specifications of conduct prejudicial to order and discipline.
At the time of shooting, Sergeant Barbera was assigned to the 5th Squadron, 73rd Cavalry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division. He is currently assigned to the 1st Squadron, 40th Cavalry Regiment, 4th Brigade Combat Team (Airborne), 25th Infantry Division at Joint Base Elmendorf-Richardson.
He now awaits an Article 32 investigation hearing to determine whether he will face a court-martial. The hearing is scheduled to take place at the Joint Base Lewis-McChord near Tacoma, Washington, the same site of the trial for Army Staff Sgt. Robert Bales who was sentenced to life in prison without parole after pleading guilty to killing 16 Afghan civilians.
For more information, please see the following:
Al Jazeera-US soldier charged with murdering Iraqis-16 November 2013
Guardian-US soldier charged with murder over deaths of two Iraqi civilians-16 November 2013
Huffington Post-Michael Barbera, U.S. Soldier, Charged With Murder In Iraq War Killings-16 November 2013
Los Angeles Times-U.S. soldier charged with murder in killing of two Iraqi civilians-16 November 2013
Greek Guerrilla Group Claims Responsibility for Murders of Two Golden Dawn Supporters
by Tony Iozzo
Impunity Watch Reporter, Europe
ATHENS, Greece – A rising group known as the “Militant People’s Revolutionary Forces” has claimed responsibility for the murder of two supporters of Greece’s Golden Dawn party earlier this month.

The Militant People’s Revolutionary Forces, an anti-establishment group, released an eighteen-page letter on Saturday claiming that it conducted a drive-by shooting that left two members of the Golden Dawn party dead outside the Party’s offices.
The group stated that the murders were conducted to retaliate for Golden Dawn’s alleged involvement in the murder of activist-rapper Pavlos Fissas back in September. A Golden Dawn supporter had confessed to the murder, but the Party itself has denied any involvement in Fissas’ death.
“The brazen murder of Pavlos Fissas was the drop of blood that made the glass overflow. The armed attack-response … is the starting point of the people’s campaign to send the neo-Nazi scum of Golden Dawn where they belong, to the dustbin of history,” the Militant People’s Revolutionary Forces’ letter stated. The letter was published on the news website www.zougla.gr, though the authenticity of the letter has not been validated by police.
Amidst the murder of the two Golden Dawn supporters, Greece has seen a growing public angst against Golden Dawn, which is widely regarded as “neo-Nazi” and frequently accused of attacks against migrants and left-wing activists.
Golden Dawn’s leader, Nikolaos Mihaloliakos, and five additional Golden Dawn leaders were recently charged with “belonging to a criminal group”, as the Greek government has cracked-down on the party due to the public furor surrounding Fissas’ murder.
The party, Greece’s third most popular according to surveys, had lost nearly a third of its support after Fissas’s death this past September, even though the party denies accusations of all violence and rejects its neo-Nazi label. An opinion poll that was also released on Saturday indicated that support for Golden Dawn had subsequently increased since its two supporters were murdered in retaliation.
The poll by ALCO released in the Proto Thema newspaper, conducted from November 12 to 15, put support for Golden Dawn at 8.8 percent, up 2.2 points in a month, but still below the 10.8 percent it enjoyed in June.
For more information, please see:
The Independent – Previously Unknown Greek Group Claims Responsibility For Golden Dawn Shootings – 17 November 2013
New York Times – Guerrilla Group Says It Killed Two From a Greek Extremist Party in an Athens Suburb – 17 November 2013
Ekathimerini – New Urban Guerrilla Group Claims Murders of Golden Dawn Members – 16 November 2013
Reuters – Greek Militant Group Claims Golden Dawn Killings – 16 November 2013
Former Argentine Army Officer Accused of Human Rights Violations Escapes from Security Forces
By Ellis Cortez
Impunity Watch Reporter, South America
BUENOS AIRES, Argentina – A former Argentine army officer accused of committing crimes against humanity during the 1976-83 military dictatorship has escaped while in transit to a court in Buenos Aires.

Alejandro Lawless, 66, fled at midday from a police van outside a court building where he was being taken to along with other prisoners. Airport Security Police said they were temporarily distracted by escorting other prisoners to the court house. Lawless, who was not wearing handcuffs, took advantage of their distraction and escaped.
Lawless was an engineer who had served as a lieutenant-colonel in the army. He was found guilty in 2010 for his involvement in kidnapping, torturing and killing political opponents of the government between 1976 and 1983.The charges he faces entail his time working in the Navy and the Command Corps V of the Army.
Investigations into human rights abuses committed under the military regime have led to the imprisonment of key figures of the military junta, including that of Gen Jorge Rafael Videla who died in prison earlier this year while serving a life sentence.
Lawless is the third convicted military officer to escape from custody this year. The others were Jorge Olivera and Gustavo De Marchi who broke out of a military hospital in July and are still on the run. Seven staff members were relieved of their duties following their escape.
Estela de Carlotto, head of the Grandmothers of Plaza de Mayo, a human rights organization, expressed dismay at his escape. “It is negligence or, to think the worst, complicity. This is serious, it will have to be investigated and those responsible sanctioned,” Estela de Carlotto told reporters.
An estimated 30,000 people were killed during the seven years of military rule in a campaign against perceived dissidents known as the Dirty War.
For more information please see:
Buenos Aires Herald – Carlotto says repressor Lawless escaped with ‘complicity’ – 13 November 2013
The Argentina Independent – Former Army Officer Escapes Custody on way to Tribunales – 13 November 2013
BBC – Jailed Argentine ex-army officer Alejandro Lawless escapes – 13 November 2013
Global Post – Jailed former Argentine army officer Alejandro Lawless escapes – 13 November 2013
La Nacion – Se fugó un ex militar procesado por delitos de lesa humanidad – 12 November 2013