ICC

ICC Prosecutor Announces Conclusion of Investigation Phase in Central African Republic

By: Sallie Moppert

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – After over a decade of investigations into the atrocities and crimes occurring in the Central African Republic, the International Criminal Court (ICC) announced that it would be concluding the investigation phase into a situation being addressed by the Court. The ICC opened its first investigation into the Situation in the Central African Republic in May 2007. The goal of the investigation was to uncover and examine evidence of alleged crimes against humanity and war crimes during the armed conflict occurring in the Central African Republic (CAR) between July 2002 and July 2003. A second investigation was launched in September 2014 after a referral by the Government of the CAR, with this investigation looking into the alleged crimes against humanity and war crimes occurring between the armed groups Séléka and the Anti-Balaka since August 2012.

Muslim families in a neighborhood near Bangui, trapped by the violence occurring, make plans to flee their homes.
Photo courtesy of Human Rights Watch.

“Our work in the Situation in the Central African Republic is, however, far from over,” ICC Prosecutor Karim A.A. Khan KC explained in his statement. “My Office will now concentrate its efforts on ensuring the successful prosecution of those subject to arrest warrants and significantly deepening its cooperation with the Special Criminal Court for the CAR.”

Since the commencement of the investigations into the Situation in the CAR, several individuals have been arrested and charged with various crimes against humanity and war crimes. Two notable cases include that of Alfred Yekatom and Patrice-Edouard Ngaïssona, who have been charged with a multitude of crimes, including intentional attacks against the civilian population, murder, rape, cruel treatment, mutilation, persecution, severe deprivation of physical liberty and recruiting child soldiers. Another ongoing case involves the confirmation of charges against Maxime Mokom, who has been arrested and transferred to the ICC in March 2022 for similar crimes. The Mokom case was recently postponed by the Pre-Trial Chamber on January 24, 2023.

“Since the opening of these investigations, my Office has examined evidence related to alleged crimes committed by all parties to the armed conflict. It carried out its work in an independent, impartial and objective manner, in partnership with survivors, civil society, and with fruitful cooperation of relevant national authorities,” Khan said. “In the discussions held between my Office and Central African Republic authorities, we have addressed a common vision through which the focus of action for accountability will now move to the domestic level, with the committed and meaningful support of my Office. My Office stands ready to continue its work with and alongside the authorities of the Central African Republic, survivors, the families of victims, and civil society in the task that lies ahead.”

 

For further information, please see:

Human Rights Watch – Central African Republic: ICC Investigation Needed – 26 June 2014

ICC – Situation in Central African Republic II: Alfred Yekatom surrendered to the ICC for crimes against humanity and war crimes – 17 Nov. 2018

ICC – Situation in Central African Republic II: Maxime Jeoffroy Eli Mokom Gawaka surrendered to the ICC for crimes against humanity and war crimes – 14 Mar. 2022

ICC – The Prosecutor of the International Criminal Court, Karim A.A. Khan KC, announces conclusion of the investigation phase in the Situation in the Central African Republic – 16 Dec. 2022

Proceedings will continue against LRA Leader Vincent Otti for attacks against civilians and the Government of Uganda

By: Wendy Neeley

Impunity Watch News Staff Writer

Kampala, UGANDA – The International Criminal Court (ICC) recently made a ruling on the case of Vincent Otti. The prosecution has made a “Renewed Request to Terminate Proceedings against Vincent Otti on Account of His death.”

Two men that survived the massacre and live with bullets still in their bodies. Photo Courtesy of Justice and Reconciliation Project.

A warrant for the arrest of Vincenti Otti was issued in July of 2005. The warrant of arrest cites Otti’s connections with The Lord’s Resistance Army (LRA). The LRA is an armed group that has been involved in attacks against the Government of Uganda and the Ugandan Army for over 30 years. The warrant alleges that the LRA is responsible for violence such as “murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly ‘recruited’ as fighters, porters and sex slaves.” Otti was included in the highest level of leadership for the LRA and he is charged with being criminally responsible for six attacks including one which is described as “hacking and shooting civilians.” He is also reportedly responsible for the Ataik Massacre of April 1995 during which LRA soldiers opened fire on 300 civilian men and boys while the women and children were required to watch and applaud the LRA.

However, in October of 2008, the prosecutors requested that the warrant for Otti be withdrawn and offered some preliminary information in support of the claim that Otti had died. Additionally, in March of 2022 the prosecution filed a request to terminate the proceedings against Otti based on his death. The prosecution claims that there is persuasive evidence that Otti was killed around October 2, 2007 in the Democratic Republic of Congo. The prosecution supplemented the claim in May 2022 based on information obtained from the Government of Uganda indicating that Otti was deceased. The evidence presented to the Court include witness statements, reports from media, and interviews from some Ugandan authorities.

However, in considering the evidence the court determined that it is not significant enough to prove the death of Otti. They indicate that there has been no body discovered and no official death certificate issued. As such, the Court determined that it would not be appropriate to terminate the proceedings against Otti and the prosecution’s request was rejected.

 

For further information, please see:

International Criminal Court – Decision on the Prosecution’s ‘Renewed Request to Terminate Proceedings against Vincent Otti on Account of His Death’ – 10 Dec. 2022

International Criminal Court – Warrant of Arrest for Vincent Otti – 8 July 2005

Liu Institute for Global Issues and the Gulu District NGO Forum – The Justice and Reconciliation Project: Field Notes, Remembering the Ataik Massacre April 20th 1995 – 04 Apr. 2007

NTV – How Vincent Otti’s son came to terms with his family’s history – 29 May 2021

ICC Prosecutor Releases Statement after Arrest and Extradition of Key Suspects of Trafficking Crimes in Libya

By: Sallie Moppert

Impunity Watch News Staff Writer

THE HAGUE, Netherlands – On October 5, 2022 and October 12, 2022, two Eritrean men were arrested in Ethiopia and extradited to the Netherlands and Italy, respectively, to face charges for crimes against victims of human trafficking and human smuggling in Libya. Both arrests come after years of investigations and cooperation between international agencies.

Ghebremedhin Temesghen Ghebru is escorted back to Rome by members of the Service for International Police Cooperation after being arrested and extradited. Photo courtesy of L’Unione Sarda.

On October 5, 2022, an unnamed 38 year-old Eritrean man was extradited to the Netherlands from Ethiopia following a prolonged investigation between the Dutch Public Prosecution Service and the Royal Netherlands Marechaussee. One week later on October 12, 2022, Ghebremedhin Temesghen Ghebru, a 35 year-old from Eritrea, was extradited to Italy from Ethiopia after a year-long investigation conducted by the Polizia di Stato and the Palermo Prosecutor’s Office. Both individuals were arrested in connection with human smuggling from Africa to Europe. The smuggling victims were subjected to brutal violence while in camps in Libya and were also forced to endure beatings, starvation, sexual violence, and extortion.

“The arrest and extradition of those two suspects are of significant importance in the work that Italy and the Netherlands are doing to hold perpetrators accountable for crimes targeting migrants,” said International Criminal Court (“ICC) Prosecutor Karim A.A. Khan QC. “I commend the authorities in both countries for their meticulous and effective investigative work as well as the Ethiopian authorities for their decisive action. These criminal investigations also benefitted from the support provided by the United Kingdom of Great Britain and Northern Ireland, Europol, and Interpol, among others.”

The illegal human trafficking and smuggling network that Ghebru was one of the leaders of operated between Central Africa in Eritrea, Ethiopia and Sudan; (Eritrea, Ethiopia, Sudan), the Maghreb region of Africa, specifically Libya; and in Italy and Northern European countries like England, Denmark, the Netherland, Belgium and Germany. Karim applauded the efforts of the various countries involved in the arrests of the two trafficking suspects, highlighting how international cooperation is essential to equal protection under the law, specifically for migrants.

“These recent arrests and extraditions are a clear sign that international cooperation works. The collective effort in these two cases is a prime example of what can be achieved when States, agencies, and my Office join forces in pursuit of a common goal. This is the way forward if we want to ensure that no one is above the law and the impunity gap is narrowed,” Khan said. “I was delighted that we were able to take this step, further aligning our action and resources with others, including the authorities from Italy, the Netherlands, the United Kingdom, Spain, as well as Europol. I wish to underline my commitment to continue strengthening our engagement and support to our national partners moving forward.”

 

For further information, please see:

ICC – Statement of ICC Prosecutor Karim A.A. Khan KC on arrest and extradition of suspects in relation to crimes against victims of trafficking in Libya – Oct. 21, 2022

L’Unione Sarda – Human trafficking Africa-Europe: a dangerous fugitive in handcuffs – Oct. 12, 2022

Reuters – Top migrant trafficking suspect caught in Ethiopia, Italy says – Oct. 11, 2022

ICC Prosecutor Karim A.A. Khan KC on Arrest and Extradition of Suspects in Relation to Crimes Against Victims of Trafficking in Libya

By: Mikaylah Heffernan

Impunity Watch Staff Writer

THE HAGUE, Netherlands – In a recent statement, International Criminal Court Prosecutor Karim A.A. Khan KC praised the recent arrests of two key suspects of crimes against victims of human trafficking and human smuggling in Libya.

ICC Prosecutor, Karim A.A. Khan KC, briefs the UN Security Council on the Situation in Libya. Photo courtesy of Mark Garten.

“These recent arrests and extraditions are a clear sign that international cooperation works. The collective effort in these two cases is a prime example of what can be achieved when States, agencies, and my Office join forces in pursuit of a common goal. This is the way forward if we want to ensure that no one is above the law and the impunity gap is narrowed,” said Prosecutor Karim A.A. Khan KC.

An unnamed suspect, a 38-year-old man of Eritrean nationality was extradited from Ethiopia to the Netherlands after an investigation by the Dutch Public Prosecution Service and the Royal Netherlands Marechaussee. The second suspect, Gebremedhin Temesghen Ghebru, a 35-year-old man, also from Eritrea, was extradited from Ethiopia to Italy. This was due to the efforts of Polizia di Stato and the Palermo Prosecutor’s Office.

Both suspects referenced were allegedly involved in smuggling of persons from Africa to Europe, during which the victims were reported to have suffered from brutal violence, including sexual violence, starvation, and extortion. It is important to note that suspects will continue to be presumed innocent, until proven otherwise. Responsibility will be determined by independent judges during the course of future litigation.

The Libya investigation referred to in this statement was unanimously referred to the ICC on the 26th of February 2011, by the United Nations Security Council. Officially opened in March of 2011, the investigation into the Libya situation has produced three cases with multiple suspects, involving charges of war crimes and crimes against humanity. The ICC continues to indicate that the Libya Situation is a priority to be addressed and encourages continued cooperation among authorities in the pursuit of accountability.

For further information, please see:

ICC – Situation in Libya – 27 Oct. 2022

ICC – Statement of ICC Prosecutor Karim A.A. Khan KC on arrest and extradition of suspects in relation to crimes against victims of trafficking in Libya – 21 Oct. 2022

ICC – Statement to the United Nations Security Council on the situation in the Libyan Arab Jamahiriya, pursuant to UNSCR 1970 – 4 May 2011

 

Bipartisan Legislation Seeks to Combat Forced Uyghur Labor; No Clear International Legal Solution

By: Matthew Flug

Impunity Watch News Staff Writer

WASHINGTON, DC, USA – Nearly ten months after the Uyghur Forced Labor Prevention Act (UFLPA) came into effect, a widespread humanitarian crisis continues to unfold against the Uyghur population. The Uyghurs are an ethnic Muslim group of approximately 11 million who primarily live in the Xinjiang Uyghur Autonomous Region (XUAR) of Northwest China. Since 2017, it has been alleged by the United Nations and several countries that more than one million Uyghurs have been detained in internment camps, which the Chinese government called “vocational education and training centers.” The population has reportedly been subject to large scale humanitarian abuses, including torture, forced labor, sterilization, and rape. The White House has publicly stated a genocide is occurring.

A person stands in a tower on the perimeter of the No. 3 Detention Center in Dabancheng in western China's Xinjiang Uyghur Autonomous Region on April 23, 2021.
A person stands in a tower on the perimeter of the No. 3 Detention Center in Dabancheng in western China’s Xinjiang Uyghur Autonomous Region on April 23, 2021. Photo courtesy of AP, published in VOA News.

As a result of these atrocities, Congress passed the bipartisan UFLPA to deny the importation of goods produced utilizing forced labor. While other federal laws also bar the entry of goods using forced labor, the UFLPA specifically strengthens enforcement authorities regarding goods which originate from the XUAR. The UFLPA sets forth a “rebuttable presumption” that all raw or completed goods believed to have passed through the XUAR supply chain involved forced labor, unless US Customs and Border Protection (CBP) certifies otherwise; creating a significant “clear and convincing evidence” burden of proof for industry to overcome. CBP maintains entity lists and “withhold release orders” for designated companies and goods know to come from the XUAR, but immediate identification can be far more difficult given a variety of factors. While a step in the right direction, enforcement against companies or importers does not resolve the likely abuses taking place against the Chinese Uyghurs.

Thus far, no state or international tribunal has ruled on China’s conduct in the XUAR or the alleged humanitarian crisis among the Uyghur community. Most recently, a criminal complaint was filed by two human rights groups in the Federal Criminal Court of Argentina with claims of genocide and crimes against humanity. A similar case was recently filed with the Istanbul Chief Prosecutor’s Office in Turkey. While these courts may be able to try defendants in absentia, the moves are likely symbolic and would not be recognized by Chinese authorities. After being urged to consider on more than one occasion, the International Criminal Court (ICC) declined to pursue an investigation of the mass detention of Uyghurs in 2021. This past summer, renewed calls for the ICC to investigate were made; however, China is also not a signatory to the Rome Statue and as such the Court lacks any real territorial jurisdiction.

A “people’s” Uyghur Tribunal – not a state-recognized court – was established in 2020 as an independent organization in the United Kingdom. This tribunal is led by Geoffrey Nice, who was lead prosecutor for the International Criminal Tribunal for the former Yugoslavia trial against Slobodan Milošević. This tribunal takes testimony and collects evidence with hopes of using against Chinese authorities now and in the future, and the US and other national government have offered to support their efforts.

 

For further information, please see:

Al Jazeera – Uighurs in Turkey file criminal case against Chinese officials – 4 Jan. 2022

Center for Strategic & International Studies – The Uyghur Forced Labor Prevention Act Goes into Effect – 27 June 2022

Council on Foreign Relations – China’s Repression of Uyghurs in Xinjiang – 22 Sept. 2022

Gibson Dunn – Enforcement of the Uyghur Forced Labor Prevention Act Begins in the United States – 23 June 2022

Just Security – China’s Forced Sterilization of Uyghur Women Violates Clear International Law – 29 July 2020

Lawfare – What Is the U.S. Government Doing About Uyghur Forced Labor? – 27 Jan. 2022

The New York Times – I.C.C. Won’t Investigate China’s Detention of Muslims – 10 May 2021

The New York Times – U.S. Says China’s Repression of Uighurs Is ‘Genocide’ – 27 July 2021

Voice of America – Criminal Case Filed in Argentina Over China’s Treatment of Uyghurs – 26 Aug. 2022

Vox – China’s genocide against the Uyghurs, in 4 disturbing charts – 10 Mar. 2021