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International Courts and Tribunals International Criminal Law News

Prosecution and Defence Clash Over Standards of Procedural Fairness at the Bangladesh International Criminal Tribunal

Prosecution and Defence Clash Over Standards of Procedural Fairness at the Bangladesh International Criminal Tribunal

By Caroline Macpherson

During the 11th session of the Assembly of States Parties of the International Criminal Court at The Hague, No Peace Without Justice (NPWJ) convened a side event on “The Bangladesh International Crimes Tribunal” (ICT) on 21 November 2012 at the World Forum.

The purpose of the meeting was to discuss the current challenges faced by the ICT in fulfilling its mandate through an independent, fair and impartial judicial process. The meeting was moderated by NPWJ Secretary-General, Niccolo Figa-Talamanca, and speakers included: Advasiful Islam, Prosecutor at the Bangladesh International Crimes Tribunal; Schona Jolly, Bar Human Rights Committee of England and Wales; Ahmed Ziauddin, Professor of International Criminal Law; Mr. Rayhan Rashid from the International Crimes Strategy Forum and Oxford University; and Toby Cadman, Defence Counsel from 9 Bedford Row.

Toby Cadman provides a detailed overview in his paper, The Rome Statute of the International Criminal Court, Complementarity and National Prosecutions- The International Crimes Tribunal Bangladesh, which touches upon, inter alia: lack of transparency; discriminatory intent of the legislation and tribunal; lack of clear definitions of crimes; absence of rules of disclosure; and investigations being conducted under a cloak of secrecy.

A statement entitled Their Backup is million dollar but 3,000,000 is our force was released by members of the International Crimes Strategy Forum following the conference. This statement claims that Toby Cadman’s statements were all false.

Following the conference, NPWJ issued a press release which called on the ICT urgently “to demonstrate its ability and willingness to conduct proceedings with fairness, impartiality and strict adherence to due process and to apply the highest international standards in the enforcement of crimes under international law”. Further, it requested the Government of Bangladesh “immediately and categorically to exclude the death penalty for individuals accused by the ICT and apply in full all due process guarantees, including protection of defence witnesses, potential witnesses and counsel from harassment and intimidation, full application of the presumption of innocence, and all other due process rights, to the highest international standards.”

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International Courts and Tribunals

Opening statement in Stanišić and Simatović retrial

Opening statement in Stanišić and Simatović retrial

Today the Prosecution will open the first full retrial in the history of international criminal law.

In 2013, Jovića Stanišić and Franko Simatović were acquitted on all counts in the indictment in their trial before the International Criminal Tribunal for Yugoslavia. In 2015, the Appeals Chamber reversed their acquittals having found errors of law which, they said, impugned the trial judgment. Having considered the appropriate remedy, they took the exceptional step of remitting the case to the Trial Chamber of the Mechanism for International Criminal Tribunals, ordering a retrial “on all counts in the indictment”.

Accordingly, Mr. Stanišić and Mr. Simatović will today face, for a second time, an opening statement in which the Prosecution will allege crimes committed across the territories of Serbia, Croatia and Bosnia Herzegovina from 1991 to 1995, in support of a five count indictment, and the ensuing trial.

At the centre of the case is an alleged joint criminal enterprise, involving Karadžić, Milošević, Mladić and other senior officials from Serbian, Bosnian Serb and Croatian Serb institutions.

Joe Holmes, led by Wayne Jordash QC, is assigned to the Defence of Mr. Stanišić. Mr. Stanišić was head of Serbian State Security during the Balkans conflict and is alleged to have been within Slobodan Milošević’s inner circle.

The opening statement can be followed on the tribunal’s website: http://www.unmict.org/en

For further background information, click the following link:

http://abcnews.go.com/International/wireStory/retrial-starting-serbs-charged-war-crimes-48000852

 

Image source: Martijn Beekman/www.nytimes.com/

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International Courts and Tribunals

AfCHPR Delivers Judgment in Case between the Republic of Kenya and the Ogiek Community

AfCHPR Delivers Judgment in Case between the Republic of Kenya and the Ogiek Community

At the 45th session of the African Court on Human and Peoples Rights (AfCHPR), the Court delivered a judgment against the Kenyan government in a long-standing case brought before it by the Ogiek Indigenous Peoples.

The case was filed by the African Commission on Human and Peoples Rights. The AfCHPR found that the Kenyan government had illegally evicted members of the Ogiek community from the Mau Forest, their ancestral homeland.

The African Court will rule on the reparations to be awarded to the Ogiek community, who have 90 days to file an application that demands reparations and compensation from the Republic of Kenya.

Click the following link to read a more in-depth account of this story:

https://intercontinentalcry.org/landmark-victory-ogiek-delivered-african-court/

 

Image source: en.african-court.org

Text source: intercontinentalcry.org – 1st June 2017

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International Courts and Tribunals

AfCHPR Delivers Judgment on African Commission V Republic of Kenya

AfCHPR Delivers Judgment on African Commission V Republic of Kenya

On Friday, May 26th the African Court of Human and Peoples’ Rights (AfCHPR) delivered its judgment on the following case: African Commission V Republic of Kenya. The delivery took place in front of public spectators at the Kibo Hall, the AfCHPR premises at the Tanzania National Parks building.

Click below to read more on the AfCHPR website:

http://www.african-court.org/en/index.php/news/press-releases/item/155-african-court-on-human-and-peoples-rights-to-deliver-judgment-on-african-commission-v-republic-of-kenya-on-friday-26-may-2017

You can view the delivery of the judgment in three-parts by accessing the following links:

Part 1

Part 2

Part 3

 

Image source: en.african-court.org

Text source: www.african-court.org – 23rd May 2017

 

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