Rabaa sit in dispersal on 14 August 2013. Photo: Mohamed Gamil/DNE
In a report published yesterday and following a year-long investigation, Human Rights Watch (HRW) asserts that the systematic and widespread killing of at least 1,150 demonstrators by Egyptian security forces in July and August 2013 probably amounts to crimes against humanity. In the August 14 dispersal of the Rab’a al-Adawiya sit-in alone, security forces, following a plan that envisioned several thousand deaths, killed a minimum of 817 people and more likely at least 1,000.
The report, entitled, “All According to Plan: The Rab’a Massacre and Mass Killings of Protesters in Egypt,” documents the death on 14 August 2013 of hundreds of protesters calling for former President Mohamed Morsi to come back. Describing a “mass killing” that could amount to a crime against humanity, HRW calls for an investigation several officials, including Abdel Fattah Al-Sissi, who was elected President in May 2014. “In Rab’a Square, Egyptian security forces carried out one of the world’s largest killings of demonstrators in a single day in recent history,” said Kenneth Roth, executive director of Human Rights Watch. “This wasn’t merely a case of excessive force or poor training. It was a violent crackdown planned at the highest levels of the Egyptian government. Many of the same officials are still in power in Egypt, and have a lot to answer for.”
Kenneth Roth arrived at Cairo airport on Monday to present the report along with Sarah Leah Whiston, executive director of HRW Middle East and North Africa Division. Both were banned from entering Egypt for “security reasons.”
Nuon Chea (left) and Khieu Samphan
Today, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) found the last two surviving leaders of Cambodia’s Khmer Rouge regime guilty of crimes against humanity. Kieu Samphan, the former head of state of Cambodia, and Nuon Chea, former president of the national assembly, have both been sentenced to life imprisonment.
The Trial Chamber found that both Nuon Chea and Khieu Samphan participated in a joint criminal enterprise to achieve the common purpose of implementing a rapid socialist revolution through a ‘great leap forward’ by whatever means necessary. The Chamber found that this common purpose was implemented through, amongst other means, policies to forcibly displace people from cities and towns and between rural areas. As a result, during the first phase of the movement of the population at least two million people were forcibly transferred from Phnom Penh in April 1975 by Khmer Rouge soldiers under false pretexts and threats, often at gunpoint, with almost no prior warning and in terrifying and violent circumstances.
During the second phase of the movement of the population, between September 1975 and December 1977, at least 330,000 to 430,000 people were forcibly displaced from various locations throughout Cambodia. Most people were ordered to leave their locations and transferred under armed guard. Those who refused transfer or attempted escape were arrested, detained or transferred in a further round of movements. Continue reading
An interactive forum on the Extraordinary African Chambers (CAE) has been launched online.
This forum was chosen to bring information on the proceedings following the agreement between the African Union and Senegal to prosecute “those primarily responsible for international crimes committed in Chad between 1982 and 1990” to the attention of people in Senegal, Chad, Africa and throughout the world.
Since the beginning of 2014, an outreach campaign has made it easier for people in Chad and Senegal to access information through meetings, public debates and information workshops taking place in the capital and in the provinces. These events involve the general public, CAE members, administrative and judicial authorities of Chad and Senegal, lawyers, victims, researchers, the media and civil society. The campaign also aims to encourage debate around the contribution of the CAE in the framework of international criminal justice. Continue reading
The International Criminal Court
Following Israel’s offensive in Gaza, Amnesty International is urging the UN Security Council, the Palestinian Authority and Israel to do everything within their power to enable the International Criminal Court (ICC) to bring to justice those responsible for committing war crimes and crimes against humanity in the current and past Israeli-Palestinian conflicts.
“An International Criminal Court investigation is crucial to end the pervasive culture of impunity. All sides must push for the Court to investigate such crimes in order to halt the vicious cycle of violations and injustice once and for all”, says Amnesty.
Amnesty asks the Security Council to take immediate steps to refer the situation in Israel and the Occupied Palestinian Territories to the Prosecutor of the ICC. For Amnesty, “the UN Security Council must not stand by yet again and bear witness to mounting atrocities. It must seize this moment to act decisively for justice.”
Amnesty International is also calling on both the Palestinian and Israeli authorities to support a Security Council referral, and take other measures that would allow the ICC to step in and ensure their co-operation with the Court. Continue reading
Kieu Samphan (left) and Nuon Chea
Today, the last two surviving leaders of Cambodia’s Khmer Rouge regime, Khieu Samphan, the former head of state of Cambodia, and Nuon Chea, former president of the national assembly under Pol Pot’s regime, begin their second trial at the Extraordinary Chambers in the Courts of Cambodia (ECCC).
Both are already on trial for war crimes and crimes against humanity at the ECCC.
The second trial includes a charge of genocide related to killings of Vietnamese and Cham Muslim minorities. The charges are based on factual allegations concerning four security centres, three worksites and one group of adjacent cooperatives.
The cases are being tried separately to accelerate proceedings, because the defendants are elderly.
The second trial is a continuation of the first one. A verdict in the first case is expected on 7 August. Prosecutors are seeking life sentences for the two accused. Continue reading
Last week, the Contempt Judge Nicola Lettieri issued a Decision on a Motion Challenging the Special Tribunal for Lebanon’s jurisdiction. The motion was submitted by the Defence for NEW TV S.A.L and Karma Hohamed Tahsin Al Khayat and questioned whether the Tribunal could hear cases of contempt and obstructions against the proper administration of justice by legal persons (i.e. corporate entities).
The Contempt Judge ruled that although the Special Tribunal for Lebanon (STL) does not have jurisdiction to hear cases dealing with obstructions of justice against legal persons, it does retain jurisdiction to hear cases dealing with offences against the administration of justice against natural persons. This was held to be consistent not only with international case law, but also with Rule 60bis of the STL’s Rules of Procedure and Evidence.
Last year, information relating to confidential witnesses has been broadcasted in certain medias.
Following these events, the Registrar of the Tribunal appointed an amicus curiae. Based on reports by the amicus, the Contempt Judge concluded that there was prima facie evidence that justified proceedings for contempt.
Two journalists and two media organisations have been subsequently charged with contempt before the Tribunal.
Abdullah Al-Senussi (c) Libya Herald
Yesterday, the Appeals Chamber of the International Criminal Court (ICC) confirmed that the case against Abdullah Al-Senussi is inadmissible.
On 11 October 2013, Pre-Trial Chamber I had declared the case against Mr Al-Senussi inadmissible on the grounds that the Libyan authorities were currently investigating Mr Al-Senussi and that they were willing and able genuinely to carry out domestic proceedings.
In rejecting the defence appeal, the Appeals Chamber held that there were no errors in the findings of the Pre-Trial Chamber that Libya is not unwilling or unable to genuinely prosecute Mr Al-Senussi, or in the exercise of its discretion in the conduct of the proceedings and in the evaluation of the evidence. Judges Usacka and Song appended respective separate opinions agreeing with the conclusion of the majority but formulating their own reasoning on the correct interpretation of the ‘same person, same conduct’ test, which must be satisfied to conclude that a given domestic authority is investigating or prosecuting the same case as that before the ICC.
Mr Al-Senussi held the rank of colonel in the Libyan Armed Forces and served as Muammar Gaddafi’s chief of intelligence before the fall of the regime during the Libyan uprising in 2011. The Prosecution had charged Mr Al-Senussi with murder and persecution as crimes against humanity for his involvement in utilising the State security forces to target the civilian population in an attempt to quell the revolution.
Mr Al-Senussi was charged alongside Muammar Gaddafi (since deceased) and Saif al-Islam Gaddafi. The latter also challenged the admissibility of his case before the ICC but the Appeals Chamber held on that occasion that the case was admissible.
UN High Commissioner for Human Rights, Navi Pillay
At an emergency debate held today at the United Nations (UN) Human Rights Council, Navi Pillay, the UN High Commissioner for Human Rights has condemned the military actions in the Gaza Strip, saying that war crimes may have been committed and that not enough has been done to protect civilians.
“There seems to be a strong possibility that international law has been violated, in a manner that could amount to war crimes,” Ms Pillay said.
She also condemned the indiscriminate attacks of the Hamas on Israel.
“The principles of distinction and precaution are clearly not being observed during such indiscriminate attacks on civilian areas by Hamas and other armed Palestinian groups,” she told the UN Human Rights Council.
Despite her condemnation of Hamas attacks on Israel, Ms Pillay also views Israel’s actions in Gaza as disproportionate. Continue reading
According to Western diplomats and officials, the Red Cross has made a confidential legal assessment that Ukraine is officially in a war. Such statement would open the door to possible war crimes prosecutions, including over the downing of Malaysia Airlines MH-17.
“Clearly it’s an international conflict and therefore this is most probably a war crime,” one Western diplomat said in Geneva.
The Red Cross has not made any public statement – seeking not to offend either Ukraine or Russia by calling it a civil war or a case of foreign aggression – but it has done so privately and informed the parties to the conflict.
“The qualification has been shared bilaterally and confidentially. We do not discuss it publicly”, said Anastasia Isyuk, the Red Cross spokeswoman.
The designation as a war – either international or civil – changes the situation as it turns both sides into combatants with equal liability for war crimes, which have no statute of limitations and cannot be absolved by an amnesty. Continue reading