African Union Demands Halt in Kenyan Leaders’ ICC Case

By Erica Smith

Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The African Union (AU) has asked that the International Criminal Court (ICC) to halt the cases against Kenyan president Kenyatta, his Deputy William Ruto and journalist Joshua arap Sang until after its application to have the cases moved.

Kenya’s Deputy President William Ruto, right, speaks with his defense counsel Karim Khan ( Photo Courtesy of The Christian Science Monitor)

The AU also wants to two leaders to be able to choose which session of the trial they would like to attend so that the leaders will be able to carry out their constitutional responsibilities.

The AU sent a letter to the ICC and the United Nations Security Council on September 10th arguing that the court should determine whether the cases can be moved before the trials progress further.

“The prosecution has ignored several procedural requirements having the effect of eroding the principles on natural justice. The court’s attention has been drawn to this aspect on two occasions by its own judges. This leaves the African Union with no option but to ask that until the request of the AU is considered and clearly responded to, the cases should not proceed.” The letter signed by AU Chairperson Hailemariam Desalegn and by AU Commission Chairperson Nkosazana Dlamini-Zuma stated.

The AU further argued that Mr. Ruto should not be forced to attend all the trial sessions even though the ICC prosecutor is appealing an earlier decision that he would not have to attend them all. The AU believes that Mr. Ruto will be unable to carry out his constitutional duties if he is forced to attend every session.

The AU pointed out that there are two high level security meetings slated for this month that Kenyatta would not be able to attend as a result of the ICC trial against Ruto. The AU believes that  Kenyatta not participating in the meetings will seriously affect Kenya’s efforts towards peace and security.  The AU also believes that the trials would undermine Kenya’s role in the international arena and that the trials should not infringe on the responsibilities of the two Kenyan leaders.

“While Kenya has always cooperated and reiterated its commitment to continue cooperating with the court, it must do so in the context of its own constitutional requirements,” the AU wrote.

For further information, please see:

All Africa — Africa: ICC Allows Five African States to Join Ruto Appeal — 14 September 2013

All Africa — Kenya: Stop Uhuru Ruto Trials, AU Demands — 13 September 2013

The Christian Science Monitor — Can Kenya’s leaders skip part of their international crimes trials? — 13 September 2013

All Africa — Africa: Halt ICC Cases, Give Kenyan Leaders Leeway – AU — 12 September 2013

Philippine Government and Rebel Leader Discuss Truce

Kevin M. Mathewson
Impunity Watch Reporter, Asia

ZAMBOANGA, Philippines — The leader of a Muslim Rebel group whose members have been locked in a deadly fight with Philippine forces in Zamboanga city has agreed to ceasefire talks, officials say.

Over 15,000 residents have left their homes because of the violence. (Photo courtesy of Reuters)

Roughly 180 gunmen from the Moto National Liberation Front (MNLF) infiltrated six coastal districts of Zamboanga city before dawn on Monday. The siege, lasting for roughly five days, resulted in over 200 people dead and at least 100 residents taken hostage.

It’s been estimated that 15,000 residents of Zamboanga have been displaced by the violence.

Vice-President Jejomar Bonay, who spoke with rebel leader Bur Misuari, says the proposed truce will begin Saturday. No conditions have been set in exchange for the agreed ceasefire.

“The details of a peaceful settlement can be threshed out with a ceasefire in place.” Vice-President Bonay told Associated Press. Vice-President Bonay plans to join President Benigno Aquino in Zamboanga on Saturday.

President Benigna Aquino visited Zamboanga earlier in the week to speak with Philippine troops and the residents displaced by the violent clash. There, he warned in a speech that his government would not hesitate to use force to end the crisis. His administration has faced Muslim Rebel groups since he came into power in 2010.

There are over 1,000 troops currently in Zamboanga city, battling to drive MNLF back after the rebels set fire to resident’s homes.

Fighting broke out as recently as Thursday, where a mortar fired by the rebels landed on a street in front of a government hospital in the village of Santa Catalina. Four members of the Red Cross were reported injured as a result of the attack.

The MNLF was created by Nur Misuari in 1971, with the goal of fighting the Philippine state for an independent Islamic nation.  The MNLF then signed a peace agreement with the Philippine government in 1996.

However, Misuari accused the government of violating the terms of the 1996 agreement by negotiating a separate peace deal with a rival faction, the Moro Islamic Liberation Front.

For further information, please see:

BBC News – Philippines standoff: Rebels agree to ceasefire talks – 13 September 2013

Bangkok Post – Philippines VP says rebel leader agrees to discuss truce – 13 September 2013

Yahoo! News – Philippines VP says rebel leader agrees to discuss truce – 13 September 2013

South China Morning Post – Muslim rebels in Zamboanga stand-off agree to ceasefire – 13 September 2013

Sky News – Philippines: Fighting Intensifies In Stand-Off – 13 September 2013

Suspect in Tennessee Murders in Custody

By Brandon Cottrell
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – Jacob Allen Bennett was named a suspect in the rural Tennessee murders of John Lajeunesse, age 16; Steven Presley, age 17; Dominic Davis, age 17; and Danielle Jacobson, age 22.  The four victims, who were headed to nearby Renegade Mountain to go four-wheeling, were found dead in a parked car near the mountain.

Jacob Allen Bennett, a possible suspect in the recent murder of four Tennesseans, is now in custody. (Photo Courtesy CNN)

The area where the car was found is part of a 3,000 acre former resort.  The area is very wooded and isolated with less than 50 full time residents.  One of those residents said that with “10 miles of road on 3,000 acres it’s easy to . . . be invisible once you get past the gate.”  Many other residents say the area has lacked sufficient security ever since new owners got rid of a controlled access gate and fence that once surrounded the entire resort.

Tennessee Bureau of Investigation Director Mark Gwyn believes that, “The citizens of Cumberland County and Crossville can rest assured that we have the person who committed the crimes in custody [and] that the community is safe.”  Bennett, age 26, has been arrested five times previously, though the authorities have released few details pertaining those arrests.  Of the arrests, reporters have discovered that one of the arrests was for being a violent felon in possession of a firearm.  It is also believed that Bennett has been arrested for theft.

While Bennett was identified as a suspect quickly, no one has said why Bennett was initially identified.  Deputy District Attorney General Gary McKenzie said that, “There are some indications that there was some connection between the suspect and one, possibly two of the victims,” but he declined to specify which of the victims might have known Bennett.

McKenzie also failed to mention a possible motive or give other details about the case.  Other authorities, however, say they believe the four victims were deliberately targeted.  Additionally, they are pursuing leads and have ruled out the possibility that the murder was one of the victims and that none of the victims committed suicide.

Donald Andrews, the superintendent of the school district where three of the victims attended school, said that the murders were “just a surprise; it’s one of those this doesn’t happen here kind of things . . . it’s actually a grim reminder to us all that we’re vulnerable.”  However, it is not yet clear what made these four victims vulnerable.  Some local residents wonder whether it was a drug deal gone badly, a theft or just a fight but they will have to wait for answers to those questions.

 

For more information, please see:

ABC – Suspect in Shooting of Woman, 3 Teens Arrested – 13 September 2013

CBS News – Four Found Shot To Death In Car Near Former Tenn. Mountain Resort; Person Of Interest In Custody, Report Says – 13 September 2013

CNN- Suspect Detained In Rural Tennessee Slayings Of 4 – 13 September 2013

Fox News – Tenn. Shooting Victims In Car Include 3 Teens; Person Of Interest Taken Into Custody – 13 September 2013 

Catalan Demonstration Presses Spain to Cut Ties with the Region

By Ben Kopp
Impunity Watch Reporter, Europe

MADRID, Spain – Hundreds of thousands of Catalans demonstrated throughout the region in effort to separate from Spain. In Catalonia, many hope that Scotland will separate from the United Kingdom to promote similar referendums throughout European countries.

Demonstrators wave separatist banners as hundreds of thousands link hands along the Catalan coast. (Photo courtesy of Reuters)

Catalonia, a wealthy industrial region in Spain, generates a fifth of the country’s economy. Until King Philip V abolished Catalonia’s Generalitat in 1714, Catalonia managed its own affairs. Following a recession and cuts in Catalan public spending, many felt discontent toward Madrid.

“But this is about more than economics,” Al Jazeera’s Emma Hayward reported. “They feel their culture is very distinct from Spain’s and they want independence.”

On 10 September 2013, Catalan President Artur Mas said, ”The people of Catalonia should be consulted next year on their political future.”

11 September is Catalonia’s National Day. On that day for 2013, a poll revealed at 52% of Catalans would vote for a Catalan state separate of Spain.

At exactly 17:14 on 11 September 2013, approximately 400,000 demonstrators dressed in yellow and formed a human chain across 250 miles (400 kilometers) of the region—from the Pyrenees border with France in the north to the Valenica border in the south—to demand independence in “a Scottish-style referendum.” Several waved the regional flag and draped themselves in separatist banners.

The chain, deemed “the Catalan Way”, linked 86 communities in their push for political self-determination. By day’s end, organizers claim that 1.6 million people had participated.

Although a referendum is not permitted by the Spanish Constitution, Mas is determined to hold a 2014 referendum. Mas also stated that he is “firm” in promising “the right to choose their political future” for Catalans; and he is determined to use “all the democratic and legal measures available so that Catalans can decide their future as a country.”

“Today is a historic day,” said Carme Forcadell, President of the Catalan National Assembly, which organized the demonstration. “The Catalan people have reaffirmed their determination to be a free state.”

“We need to put an end to the economic and cultural suffocation we are suffering,” Forcadell further stated. “We have come to the streets in our hundreds of thousands to show in a democratic and inclusive way that we are capable of achieving any aim.”

Regional leader of the People’s Party, Alicia Sanchez Camacho criticized the independence movement: “There are millions of Catalans who feel like orphans because they don’t have a government because it has put all its focus on the separatism movement and the independence of Catalonia.”

While history echoes that “a house divided cannot stand”, Spain and Catalonia must determine whether they are people of and within one house. If they are one house, the European Union is best hearing one voice. However, one voice cannot always speak for two houses.

For further information, please see:

Catalan News Agency – The Majority of Catalan Parties Propose an Independence Vote in 2014 the Day after the Human Chain  – September 12, 2013

Wall Street Journal – Catalan Separatists Pull Off Protest but Referendum Is Harder  – September 12, 2013

Al Jazeera – Catalans Join Hands to Demand Independence – September 11, 2013

Euronews – Catalonia Celebrates National Day Amid Calls for Independence – September 11, 2013

The Telegraph – 400,000 Person Human Chain Stretching 250 Miles for Catalan Independence – September 11, 2013

Reuters – Catalans Form Human Chain to Press for Independence from Spain – September 11, 2013