This Week in Syria, Deeply: Sunday, 13 October 2013
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Senate Shifts Negotiations From Shutdown to Debt Limit
by Michael Yoakum
Impunity Watch Reporter, North America
WASHINGTON, D.C., United States – Focus over the government stalemate shifted to the Senate Saturday, where leaders are in talks to end the nearly two week shutdown. Word of negotiations between Senate leaders from both parties came in the wake the Senate’s rejection of a bill that would increase the government’s debt ceiling.
Talks between Harry Reid and Senate Minority Leader Mitch McConnell on Saturday were their first face to face meetings in four months and their first in person negotiation about the government shutdown.
“The conversations were extremely cordial but very preliminary of course – nothing conclusive, but I hope that our talking is some solace to the American people and to the world,” Reid said.
While resolving the shutdown appears a high priority for the Senate, the rare session held Sunday had one item on the agenda: resolve the debt ceiling issue before markets open on Monday. A near party line vote on Saturday failed to pass an increase to the debt limit problem. Conservative members of the Senate cited the lack of clear plans to cut spending as reason for voting against the bill.
“This bill would have taken the threat of default off the table and given our nation’s businesses and the economy the certainty we need,” the White House said in a statement.
In the wake of Congressional debate over the shutdown and debt ceiling, many Americans have taken notice of the role of the federal government in their daily lives.
Political leaders from both parties have taken to characterizing the nature of the shutdown in a way that highlights their differing views of the role of government. President Obama highlighted the federal government’s role as a source of jobs for hundreds of thousand of Americans as well as a place for farmers and small business owners to obtain loans.
Conservative members of Congress have used the shutdown as a demonstration of the impact that a smaller government would have on Americans.
Marsha Blackburn, a Republican House member from Tennessee said, “People are going to realize they can live with a lot less government.”
For more information, please see:
ABC News – Shutdown Driving Debate Over Role of Government – 13 October 2013
The Economic Times – Shutdown debate moves to US Senate as debt deadline creeps up – 13 October 2013
Al Jazeera – Government shutdown: Senate takes center stage in budget debate – 12 October 2013
BBC News – US shutdown debate shifts to Senate – 12 October 2013
The Washington Post – Government shutdown debate grates on Congress members’ moods – 12 October 2013
The Extraordinary AU Summit on the ICC
By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa
ADDIS ABABA, Ethiopia– The African Union (AU) will convene an Extraordinary Summit on Implementation of International Jurisdiction, Justice and International Criminal Court (ICC). This is a follow-up to the AU’s Summit in May where it criticized the ICC for “witch-hunting African leaders.”
A possible collective pull-out of the 34 African countries that ratified the Rome statute – the ICC founding charter – will likely emerge among the most contentious points of debate. Zimbabwe is not party to the treaty on the strength of its deep-rooted belief in domestic legal systems.
The AU has decided to set up a contact group of the Executive Council to undertake consultations with the members of the United Nations Security Council (UNSC), in particular, its five permanent members, with a view to engaging with the UNSC on all concerns of the AU on its relationship with the ICC, including the deferral of the Kenyan and Sudanese cases, in order to obtain their feedback.
Some 130 African and international civil society organizations on Monday wrote a letter to African Foreign Affairs ministers, already gathered in the Ethiopian capital, urging them to restate their support to the international court in conformity with the African states’ commitment to protect and promote human rights and end impunity.
The AU has been consistent in its critical stance against the ICC since 2009, when the world court issued a warrant of arrest against Sudanese President Omar Al Bashir.
At the 2009 Summit held in Sirte Libya that year, the Assembly of Heads of State issued a Joint Declaration stating that AU member states will ignore the ICC arrest warrant and will not take any measures to transfer Bashir to The Hague.
When Bashir subsequently visited Kenya, Malawi, Chad, Ethiopia, and Nigeria he was not arrested. The AU has repeatedly reaffirmed its stance against the ICC.
After reaffirming principles deriving from national law and international customary law, by which sitting heads of state and government and other senior state officials are granted immunities during their tenure of office, the Assembly decided that “No charges shall be commenced or continued before any international court or tribunal against any serving head of state or Government or anybody acting in such capacity during his/her term of office.”
Further, the Assembly stated that “To safeguard the constitutional order, stability, and integrity of member states, no serving AU Head of State or Government or anybody acting or entitled to act in such a capacity, shall be required to appear before any international court or tribunal during their term of office.”
ICC stakeholders fear that the Extraordinary Summit will result in an en masse Africa walk out from the ICC, a threat to the future of the Court given that with 34 ratifications, Africa is the largest regional block.
There are various efforts from civil societies, the Assembly of State Parties to the ICC (ASP), the United Nations, to discourage a possible Africa withdrawal.
There is legitimate concern that Africa appears to be a target of the world’s first permanent criminal court. Withdrawing from the ICC though is not the solution because this imbalance is not the doing of the ICC. The Court’s judicial processes have been fair, impartial, and transparent.
For further information, please visit:
Africa Legal Aid – Much Ado About the Extraordinary AU Summit on the ICC – 11 October 2013
The Herald – President leaves for AU Extraordinary Summit – 11 October 2013
News Afrique Informations – African Union’s extraordinary summit Ethiopia – 11 October 2013
African Union – Extraordinary Session of the Assembly of the African Union, Addis Ababa, Ethiopia – 11 October 2013
BBC News – African Union urges ICC to defer Uhuru Kenyatta case – 12 October 2013
Yahoo! UK and Ireland – AU calls for halt to ICC cases against Kenyan and Sudanese leaders – 12 October 2013
SJAC Weekly Update: Friday, 13 October 2013
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Karpov Libel Judgement on Magnitsky Case to be Delivered in the High Court on Monday
Press Announcement
For Immediate Distribution
11 October 2013 – On Monday, 14 October 2013, at 10:30 am, at the Queen’s Bench of the High Court in London, Justice Simon will be delivering the judgment in the case of Pavel Karpov vs William Browder, Jamison Firestone and Hermitage Capital Management. The judge will decide whether Karpov’s lawsuit is an abuse of court process and should be struck out.
The judgment will decide on legal arguments which were presented to theHigh Court on 24-25 July 2013.
Pavel Karpov, an unemployed ex police officer, has been added to the OFAC sanctions list by the U.S. Government for his role in the Magnitskyaffair. He is suing colleagues of late Sergei Magnitsky for defamation in the UK in relation to their campaign for justice for his unlawful death.
Karpov has been represented by Geraldine Proudler of Olswang, and Andrew Caldecotte, QC, and Ian Helme.
Colleagues of Sergei Magnitsky have been represented by Mark Stephens ofHowardKennedyFsi, Antony White, QC, Geoffrey Robertson QC, and Catrin Evans.
For further information, please see: