War Crimes Prosecution Watch: Vol. 8 Issue 10 — 12 August 2013
International Criminal Court
Central African Republic & Uganda
Democratic Republic of the Congo
- Africa Review: DRC Issues Arrest Warrants for Rebel Leaders
- Katanga Trial: Katanga Defense Notes Challenges in New Investigations
- AllAfrica: Bensouda, Victims Clash over Motion in Uhuru Case
- AllAfrica: Uhuru to Make Fresh Submission on Kenya, TZ Trial
- AllAfrica: ICC Prosecutor Wants Deputy President Ruto to Attend Trial Sessions in Person
- AllAfrica: Uhuru Seeks Cell Phone Records of Sixty Witnesses
- The Star: Kenya Loses Bid to Have ICC Cases Referred
- AllAfrica: Uhuru ICC Lawyers Target NGOs
- AllAfrica: ICC Moves Witnesses to Europe Ahead of Hague Trial
- AllAfrica: Kay Seeks Ex-MPs’ Phone Records
- AllAfrica: ICC to Reveal Witnesses in Ruto Trial at the Hague
- AllAfrica: Ruto Appoints New Lawyer, Criticises Prosecution over Witness Relationship
- Magharebia: Libya Determined to Try Seif Al-Islam
- Atlanta Black Star: Gadhafi’s Son Seif Al-Islam Hearing Set for 2011 War Crimes
- UPI.com: Gadhafi-Era Minister Sentenced to Death/a>
- All Africa: Al-Gaddafi Loyalists At Risk of ‘Revenge’ Death Sentences
- Reuters: Insight – Libya’s Turmoil Revealed in Feud for Custody of Gaddafi’s Son
Africa
International Criminal Tribunal for Rwanda
- AllAfrica: Weekly Summary – ICTR Completes Detainee Transfers
- AllAfrica: Munyagishari Trial Begins
- AllAfrica: Bernard Munyagishari Plays ‘Mugesera Tricks’
Special Court for Sierra Leone
- The New Dawn: Taylor Complains From Prison
- Voice of America: Sierra Leone Expels Charles Taylor Ally
Europe
Court of Bosnia & Herzegovina, War Crimes Chamber
- South East European Times: BiH Protection Agency, Prosecutors in Dispute Over Arrest
- The Court of Bosnia & Herzegovina: Custody of Zoran Milic Terminated and Prohibiting Measures Ordered
- South East European Times: BiH Protection Agency, Prosecutors in Dispute Over Arrest
- The Court of Bosnia & Herzegovina: Appeals Verdict in the Case v. Eso Macic Sent Out
- Balkan Transitional Justice: Karadzic Given Time to Prepare Genocide Defence
International Criminal Tribunal for the Former Yugoslavia
Domestic Prosecutions In The Former Yugoslavia
- Balkan Insight: Reduced War Crimes Sentence for Bosniak Fighter
- Balkan Insight: Bosnian Serb Fighter Denies Abusing Civilians
Middle East and Asia
Extraordinary Chambers in the Courts of Cambodia
- The Phnom Penh Post: KRT Strike Threats Resurface
- Network for Human Rights Documentation-Burma: ND-Burma Introduces Truth Commission in Collaboration with DC-Cam
- VOA Khmer: Cambodian TV Show Reunites Families Split by Khmer Rouge
- The Phnom Penh Post: Little Time for Reparations at KRT
Syria
- Associated Press: UN Investigating Rebels in Syria for Alleged Executions, Potential War Crimes
- The Independent: Syria Crisis: Bashar al-Assad’s Use of Rockets ‘Amounts to War Crimes’
Special Tribunal for Lebanon
- The Daily Star: Pressure’s Off Lebanon to Pay STL Dues
- The Daily Star: STL Defense Wants Trial Date Delayed
- The Daily Star: U.N.-Backed Court Probing Hariri Killing Sets New Tentative Trial Start Date
Bangladesh International Crimes Tribunal
- The Daily Star: Genocide Charges Against Him Proved
- Bangladesh News 24: Jamaat Leader Yusuf Indicted
- Bangladesh News 24: Jamaat Now a Criminal Group
- The Daily Star: Mueen, Ashraf the Abductors
War Crimes Investigations in Burma
- Kachin News Group: Kachin Civilian Allegedly Killed by Burma Army in Shan State
- Network for Human Rights Documentation-Burma: ND-Burma Introduces Truth Commission in Collaboration with DC-Cam
- The Irrawaddy: HRW Calls on Thein Sein to Seek Justice for ’88 Victims
North and South America
United States
- The Washington Post: U.S. Charges Libyan Militia Leader in Benghazi Attack
- The Washington Times: Colorado Town Poised to Declare Open Season on Drones, Issue Drone-Hunting Licenses
- The Washington Post: Obama Administration Authorized Recent Drone Strikes in Yemen
- Reuters: Obama Cancels Meeting with Putin Amid Tension over Snowden
South & Central America
Chile
Argentina
- MercoPress: Argentina President of the United Nations Security Council
- Associated Press: Argentina’s Grandmothers Rights Group Determines Identity of 109th Person Stolen At Birth
Brazil
- MercoPress: AI Top Level Mission to Brazil to Discuss Indigenous Peoples’ Rights and Police Violence
Uruguay
Colombia
Topics
Terrorism
- Wall Street Journal: U.S. Spy Program Lifts Veil in Court
- NSNBC International: Khan al-Assal Massacre to Cover-Up Chemical Weapons Use by Jabhat al-Nusrah
Piracy
- The Daily Star: Somali Pirates Protecting Illegal Fishing Ships
- Associated Press: Jury Recommends Life Sentences for 3 Somali Pirates in Slayings of 4 Americans Aboard Yacht
Gender-Based Violence
- The Santiago Times: New Young Rape Victim Further Deepens Chile’s Abortion Debate
- Thomson Reuters Foundation: Campaigners Split over How to Tackle Female Genital Cutting
Reports
UN Reports
- Voice of America: UN: Syrian Rebels Suspected of War Crimes
- UN News Centre: ICC Prosecutor Voices Concern About Ongoing Serious Crimes in Central African Republic
NGO Reports
Truth and Reconciliation Commissions
Sierra Leone
Canada
Kenya
Nepal
Commentary and Perspective
- Opinio Juris: Libya Thumbs Its Nose at the ICC – Again…
- Lawfare: The Two Fundamental Flaws in the New Bahlul Amicus Brief
- Lawfare: A Response to Steve Vladeck and Kevin Jon Heller
- Opinio Juris: Thoughts on Peter Margulies’ Reply to My Criticism of the Amicus Brief
- Opinio Juris: The Amicus Brief Urges Adoption of JCE – Which the Prosecution Repudiated!
- Opinio Juris: Joint Criminal Enterprise Was Also Dismissed in Khadr
- Opinio Juris: Alexandra Link on Material Support for Terrorism and JCE
- Lawfare: Three Questions for Peter Margulies on the New Bahlul Amicus Brief
- Lawfare: Sur-Reply to Heller on al-Bahlul
- Lawfare: My Last Word on the New Bahlul Amicus
- Lawfare: Final Word on the Bahlul Brief
- Lawfare: ATS/TVPA Suit Against Drummond Dismissed in Alabama
- EJIL: Talk!: Prlić et al.: The Destruction of the Old Bridge of Mostar and Proportionality
- Opinio Juris: Emerging Voices: Bemba as a Watershed in Judicial Discretion at the ICC – The Limits of Regulation 55
- Justice in Conflict: Palestine and the ICC: Peace First, Justice (Maybe) Later
- Opinio Juris: Emerging Voices: Configuring Admissibility Challenges in the ICC – Civil Dispute or Part of the Criminal Proceedings?
- EJIL: Talk!: Should the International Law Commission Overrule the ICJ in Its Articles on Immunity of State Officials from Foreign Criminal Jurisdiction?
- Opinio Juris: Libya’s Flexible Approach to Time
- Opinio Juris: Emerging Voices: Together Again? Customary Law and Perpetration by Means
Worth Reading
- Max Planck Yearbook of United Nations Law: Reflections on the ICC Prosecutor’s Recent ‘Selection Decisions’
- George Washington International Law Review: Does Justice Always Require Prosecution? The International Criminal Court and Transitional Justice Measures
- Pace International Law Review : Excuses, Justifications, and Duress at the International Criminal Tribunals
- Cardozo Journal of International and Comparative Law, Vol. 22, No. 1, 2013 (draft case note): Caressing the Big Fish? A Critique of ICC Trial Chamber V(a)’s Decision to Grant Ruto’s Request for Excusal from Continuous Presence at Trial
- University of Maryland Journal of International Law: Kiobel, Extraterritoriality, and the ‘Global War on Terror’
- Amsterdam Law School Legal Studies Research Paper Series: Ranking Responsibility? Why We Should Differentiate Between Participants in Mass Atrocity Crimes
- Immunity Ratione Materiae in Extradition Proceedings?
ICTJ World Report: Tuesday, 13 August 2013
American Teacher Deported for Allegedly Inciting “Hatred” against the Bahrain State through Tweets and Publications
By Kathryn Maureen Ryan
Impunity Watch, Middle East
MANAMA, Bahrain – An American teacher has been deported from Bahrain for allegedly inciting “hatred” through her publications. The Ministry of Communications said the unnamed teacher was deported for her alleged tweets and publications made in online journals. According to a statement made by the Ministry of Communications the unnamed American teacher was deported as a result of “activities linked to radical opposition groups,” and for allegedly violating the terms of her work permit by working as an unaccredited journalist.

The ministry alleged that she published a number of articles under a penname for several journals, including the As-Safir newspaper, which has been linked to Hezbollah, as well as a human rights newsletter published by the Bahrain Centre for Human Rights, a group whose publications have been banned by the Bahraini government.
However, Maryam al-Khawaja, acting head of the Bahrain Centre for Human Rights denied that the teacher was writing for the organization, saying; “That was something made up by the government.” Al-Kahwaja also stated that a journalist at As-Safir had told her that the teacher had not written for their publication either.
Al-Khawaja, who was planning on entering Bahrain ahead of protest planned for this week, was recently stopped from boarding a British Airways plane heading from London to Bahrain because of a Bahraini government order preventing her from entering the country. She said the Bahrain Centre for Human Rights was attempting to contact the American teacher to determine if she has been subjected to human-rights violations while in the custody of Bahrain authorities.
The gulf state has seen massive waves of protests since the Arab Spring hit the region in 2011. The protests have been mostly led by members of the state’s Shia population calling for democratic reforms from the Sunni ruling family.
The state has responded to these calls for democratic reform by cracking down on dissent and free expression. The state has been accused of creating fake Twitter accounts and using these and other false evidence in order to convict its citizens of crimes against the state. The state has also raided the homes of protesters and activists.
Al-Khawaja said of the Bahraini states tactics that: “They have even increased house raids. It used to be one every other night. But since the Tamarod announcement, the raids are day and night – up to 100 or more per day.” She explained that security forces often break down doors during these raids on civilian citizens, enter with guns drawn and vandalize homes during the raid. She also explained that these tactics are intended to spread fear of the state.
The state response to calls for democratic reform has been to attempt to create an atmosphere of fear in the country in order to demonstrate the state’s power. However, the Bahraini government’s attempts to squash calls for democratization have remained unsuccessful. The Bahraini anti-government and opposition activists have called for anti-government rallies to be held on Wednesday, August 14, the anniversary of the gulf state gaining independence from the British Empire.
For more information please see:
Al Jazeera – Bahrain Bans US Teacher for ‘Radical’ Writing – 12 August 2013
CNN International – Bahrain Expels U.S. Teacher, Says She Incited ‘Hatred’ – 12 August 2013
Fox News – Bahrain Says American Teacher Deported over ‘Radical’ Writings – 12 August 2013
Jerusalem Post – Bahrain Deports US National for Associating with ‘Radical’ Groups – 12 August 2013
Statement: Human Rights’ Systems Collapse Before the eyes of Millions Around the World
Under the Security Council, controlled by five permanent members, including countries which have a dark, dictatorial and authoritarian history concerning the respect of human rights, it make us wonder how such a council can organize the world’s affairs objectively.
The Syrian Revolution which turned into an armed conflict , Undoubtedly proved that the various rules and international conventions concerning Human Rights and armed conflicts, particularly Customary IHL which is binding for all states, have been systematically violated by the Syrian Regime (and later unsystematically by some armed factions). All of these violations were within the sight of the Security Council, Human Rights Council has repeatedly proved by hundreds of undoubted reports and researches.
This is a blatant defect in the protection of Syrian citizens from the regime that lost its sovereignty, which is responsible and not right. That’s according to the United Nations’ Initiative 2005: R2P (Responsibility to Protect)
For us as human rights activists and defenders, not just in Syria even for most of our colleagues working in human rights field, it struck at the heart for tens of years’ efforts in the enactment of laws and human rights legislation, which we are watching collapse before our eyes because of political weakness and racial interests devoid of any human value.
This has led to a total collapse of human rights’ systems before the eyes of millions of human beings, and recalled the concept of absolute dependence on taking back the rights and spread of armament and killings – this is the main reason for the spread of extremist terrorism, which is considered as a reaction on the widespread of systematic and brutal terrorism practiced by Syrian Regime.
We can’t figure out any solution other than radical change of immoral and inhuman existing human rights system through revolution by all human rights, legal and media organizations that have ethics, humanitarian and professionalism in all of the world’s countries.