A Voice for the Voiceless

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.”

President Mugabe chats to VP Mujuru at the Harare International Airport before his departure for Ethiopia (photo courtesy of The Herald)

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

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:

Law and Order in Russia

Thousands Gather in Israel to Mourn the Assassination of Prime Minister Rabin

By Darrin Simmons
Impunity Watch Reporter, Middle East

JERUSALEM, Israel-In honor of his life and peace-seeking mission, tens of thousands of Israelis gathered in Tel-Aviv to mourn the loss of Prime Minister Yitzhak Rabin, who was assassinated eighteen years ago.

Thousands of Israelis gather to mourn the assassination of former Prime Minister Yitzhak Rabin (photo courtesy of Al Arabiya)

The majority of the protestors were young people from a wide range of political ideals, coming together to protest against Israeli radicals who oppose peace with Palestine.  Rabin was assassinated following a speech in the same square as the protest on November 4, 1995.

Portraits of Rabin and banners with slogans condemning racism and intolerance were waved as protestors held their vigilance.  On banner, referring to the colloquially named “price tag” attacks on Palestinians by Jewish extremists, read “Stop the price tag, defend democracy.”

Yonatan Ben-Artzi, Rabin’s grandson, gave a peace talk at the rally saying, “For the first time in years, a special opportunity has been put in your path, to take advantage of a unique situation in order to bring peace and solve both the Iranian and Palestinian conflicts at the same time.  All of this with support and encouragement from the international community.”

“This will not be easy, and certainly will not always be popular.  But history shows that leaders’ [merits] are tested in unpopular times.  I believe this is your time,” further stated Ben-Artzi.

Other speakers at the rally encompassed a wide range of Israeli society, including people who were close to Rabin and those who identified with movements opposing the Oslo Accords.

The current Prime Minister, Binyamin Netanyahu, was the leader of the opposition when Rabin was slain and harshly criticized the 1993 Oslo Accords, a land mark agreement aimed at resolving decades of old conflict, that Rabin signed with then-Palestinian leader Yasser Arafat.

Netanyahu participated in protests against Rabin and his government in the months prior to his murder.  Many Israelis believe that Netanyahu played a role in inciting violence against Rabin and his followers.

“The years have passed.  My pain remains but I am not here to blame you for what happened, Ben-Artzi told Netanyahu during his speech as he continued to stress the importance of finding peace and not spreading blame.

Organizers of the rally stated that this year’s purpose was to be a call for “a renewal of our basic obligations as a society—that we work and stand guard to strengthen the democracy of Israel.”

While no official estimate of the size of the crowd was given by police, reporters in attendance estimated there to be around 35,000 protestors, a larger number than recent years.

An official ceremony is to be held on Tuesday at the Jerusalem cemetery where Rabin is laid to rest.

For more information, please see the following: 

Al Arabiya-Thousands rally in Israel to remember slain PM Rabin-October 12, 2013

Al Jazeera-Israelis gather to remember slain Rabin-October 12, 2013

Jerusalem Post-Rabin’s grandson urges Netanyahu to lead Israel to peace with Palestinians-October 12, 2013

Times of Israel-Thousands attend memorial for slain prime minister Yitzhak Rabin-October 12, 2013

Arrests at Russian Protest Reminds World that Russia’s Prohibition on Homosexual “Propaganda” Remains

By Ben Kopp
Impunity Watch Reporter, Europe

MOSCOW, Russia – Reports demonstrate that Russian authorities waited until fights broke out before making arrests at a gay rights rally. Nevertheless, attacks on the Russian LGBT community remain high.

Fights broke out at the recent St. Petersburg gay rights rally when an opponent attempted to steal an activist’s rainbow flag. (Photo courtesy of Al Jazeera)

In June 2013, Russia’s law banning homosexual “propaganda” directed at minors sparked various protests by lesbian, gay, bisexual, and transgender (LGBT) rights campaigners, who claim the law diminishes homosexuals’ rights to free speech and assembly. In the light of international attention, activists have called for Winter Olympics participants and sponsors to boycott the Sochi games next year as a form of protest.

For clarification, the International Olympics Committee requested more information on the law and its effects on the Winter Olympics. President Putin has prohibited all demonstrations and rallies for 10 weeks around the games.

In September 2013, police broke up a gay rights protest outside the Winter Olympics headquarters in Moscow.

On 12 October 2013, gay rights activists planned a rally in St. Petersburg at the “Field of Mars”, which allows demonstrations without special sanctions. However, nearly 200 opponents of gay rights arrived earlier than the scheduled rally time, dressed as Cossacks and Orthodox priests.

Many opponents sang hymns and recited prayers. Although heavily outnumbered by opponents, several dozen LGBT rights activists had gathered to celebrate “International Coming Out Day”.

The fights began when an anti-gay demonstrator tore a rainbow flag from a woman’s hands. Immediately, the police rushed in to arrest fighters. Russian authorities arrested 67 participants in fights between gay rights activists and opponents.

Despite Russia’s prohibition on homosexual “propaganda”, St. Petersburg sanctioned the rally.

While homosexuality has been legal in Russia since 1993 and un-labeled as a “mental illness” since 1999, reported attacks against homosexuals have increased sharply. Some attacks involve gay men being lured into meeting people who then attack them. Additionally, homophobia has been suspected in several homicides.

Recently, one group of anti-LGBT campaigners, “Occupy-Pedofilyay” began posting “sinister” videos online of teenagers it suspects of being gay.

Nikolai Alexeyev, the leader of LGBT-rights group Gay Russia, said that despite their frequency, attacks on homosexuals are almost never investigated as hate crimes. “Homophobic hysteria is being increasingly promoted in Russia.”

Citing to recent attacks on homosexuals, the United States Congress sent the U.S. Olympic Committee a letter requesting assurances of safety for athletes and spectators.

Unlike countries in which large portions of the population have come out in support of the LGBT community, with a large outcry against homosexuality, news from Russia suggests the June 2013 law will be difficult to overcome.

For further information, please see:

Al Jazeera – Russian Gay Rally Ends in Fights and Arrests – October 12, 2013

Associated Free Press – Orthodox Protesters Attack Gay-Rights Rally in Russia – October 12, 2013

International Business Times – Russian Gay Rights Activists Attacked in St Petersburg – October 12, 2013

RIA Novosti – Over 60 Detained at LGBT Rally in Russia’s St.Petersburg – October 12, 2013

Sky News – Russia: Arrests after Gay Rights Rally Attacked – October 12, 2013

USA Today – Russian Cops Wait for Clashes before Intervening at Gay Rally – October 12, 2013

RadioFreeEurope/RadioLiberty – U.S. Lawmakers Concerned about Russia’s Gay Law – October 10, 2013