Monthly Archives: January 2016

ICC Judges Authorize Investigation Into Georgia’s 2008 War

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Georgian Troops South Ossetia 2008

Georgian Troops in South Ossetia in 2008

Today, Pre-Trial Chamber I of the International Criminal Court (ICC) authorised the Prosecutor to proceed with an investigation for war crimes and crimes against humanity allegedly committed in and around South Ossetia, Georgia, between 1 July and 10 October 2008.

On 13 October 2015, the ICC Prosecutor submitted her “Request for authorisation of an investigation pursuant to article 15” of the Rome Statute, asking for authorization from Pre-Trial Chamber I to proceed with an investigation into the situation in Georgia.

After examining the request and the supporting material, the Chamber concluded that there is a reasonable basis to believe that crimes within the ICC’s jurisdiction have been committed in the situation in Georgia.

Such crimes include crimes against humanity, such as murder, forcible transfer of population and persecution, and war crimes, such as attacks against the civilian population, wilful killing, intentionally directing attacks against peacekeepers, destruction of property and pillaging allegedly committed in the context of an international armed conflict between 1 July and 10 October 2008.

The Chamber also found that potential cases arising out of the situation would be admissible before the Court and that there are no substantial reasons to believe that an investigation would not serve the interests of justice taking into account the gravity of the crimes and the interests of victims.

In a statement following the Pre-Trial Chamber’s decision, the ICC Prosecutor, Fatou Bensouda, said that the timing of the Prosecution request for authorization of an investigation into the situation in Georgia was determined by the pace, and eventually, lack of national proceedings. Until recently, the competent national authorities of both Georgia and Russia were engaged in conducting investigations. However, last year, relevant national proceedings in Georgia were indefinitely suspended, which led to the Prosecution’s request for authorization to investigate.

The Office of the Prosecutor continues to monitor relevant proceedings in Russia, which are still on-going.

UK: Inquiries Dropped into Alleged Unlawful Killings by Iraq Veterans

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UK Soldiers IraqUK Officials have decided to drop investigations into almost 60 claims of unlawful killings by UK soldiers who served in Iraq.

The Iraq Historic Allegations Team (IHAT), set up in 2010 to examine claims of murder, abuse and torture during the Iraq war, has decided not to proceed in 57 cases, the Ministry of Defence has confirmed. A further case was stopped by the military’s service prosecuting authority.

Conservative MP Richard Benyon said facing such claims constitute “an intolerable burden for people who have served their country well, knowing they’re innocent.”

However, Lt Col Nicholas Mercer, the army’s former chief legal adviser in Iraq, has criticised the crackdown on legal claims against Iraq veterans. He said the claims were not false and raised issues of “very high importance”, including the abuse of detainees in Iraq and Afghanistan.

Mercer pointed out that the government has paid out £20m for 326 cases. “Anyone who has fought the Ministry of Defence knows they don’t pay out for nothing. So there are 326 substantiated claims at a cost of £20m, and almost no criminal proceedings to accompany it. You have to ask why,” he said.

ADC-ICTY: Legal Internship Opportunity

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ADC-ICTY-300x300The Association of Defence Counsel practicing before the International Criminal Tribunal for the former Yugoslavia (ADC-ICTY) based in The Hague, is currently seeking applications for legal interns to start as soon as possible in assisting Defence Counsel with ongoing cases.

Interns will be involved in a range of tasks including, but not limited to; conducting legal research, preparing witness summaries, witness preparation, factual research, writing legal memoranda, case management tasks and supporting Defence Counsel in their daily work.

Additionally to the internship, the ADC regularly organises field trips and social activities for its interns. Interns also have the possibility of joining the ADC Newsletter Team and the ICTY Intern Career Development Committee.

Internships are available starting now, for a period of three to six months, full-time or part-time. Please note: The ADC-ICTY internships are unpaid.

For more information on the internship opportunity and for application submissions, please click here.

UN Whistleblower Cleared of Wrongdoing for Revealing Abuse in Central African Republic

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Anders Kompass, representante del Alto C

Anders Kompass, the director of field operations for the Office of the High Commissioner for Human Rights

Anders Kompass, the UN whistleblower who exposed the sexual abuse of children by peacekeepers in Central African Republic, has been completely exonerated after an internal investigation.

Kompass, the director of field operations for the office of the high commissioner for human rights in Geneva, leaked an internal UN report on the alleged sexual abuse of children by French troops in Central African Republic (CAR) to French prosecutors.

Kompass stated that he informed his boss – the deputy high commissioner – that he had leaked the report in order for the French to mount an investigation. The UN disputed this, insisting that he had breached protocols by sharing a secret internal document.

On 17 April 2015, he was suspended by the high commissioner for human rights, Zeid Ra’ad Al Hussein, and put under investigation for leaking confidential information.

It’s only a few days ago that Kompass was informed in a letter that the internal investigation, run by the Office of Internal Oversight (OIOS), had cleared him of all charges. Continue reading →

Kosovo Court to Open in The Hague

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Kosovo WarA new special court will be set up in The Hague to try those responsible for serious crimes committed in Kosovo during the 1999-2000 war, the Dutch Ministry of Foreign Affairs reported yesterday.

The Kosovo Relocated Specialist Judicial Institution, which is the official name of the court, will try crimes allegedly committed by members of the Kosovo Liberation Army (KLA) against ethnic minorities and political opponents.

The crimes include illegal trafficking of prisoners’ organs and other serious crimes, as indicated in a 2011 report from the Council of Europe.

The Court will apply Kosovan national law and it is therefore not an international tribunal, but a national court that administers justice outside Kosovo. However, its judges will be international.

The decision to locate the court in The Hague was made following consultation between the EU and the Kosovan and Dutch authorities. Parliament in Kosovo approved the creation of the tribunal last year.

The issue is a sensitive issue in Kosovo as some of the possible suspects may be seen by sections of Kosovan society as freedom fighters, and witnesses may feel threatened in Kosovo. Moreover, some of the possible suspects may include individuals currently in the Kosovo government.

The Netherlands indicated that it believes it has a special responsibility to offer the court a home as the host country of a number of international and other special criminal courts and tribunals.

It is expected that the Court will officially open later this year. The Court will initially be based in a temporary location but will eventually be housed at the former building of EUROPOL.