Tuesday, May 17, 2011

Busy weekend for ICC as world prosecutors meet

Published in: Legalbrief Africa
Date: Tue 17 May 2011
Category: African Focus
Issue No: 430



Prosecutors from the six international UN-backed courts (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, International Court of Cambodia, Special International Tribunal of Lebanon, and the International Criminal Court) met in Freetown this weekend to look at best practices and how to close the tribunals when their work is done.

At the same time, the Sierra Leone Government indicated that it was anxiously awaiting the verdict in the war crimes trial of Liberian ex-President Charles Taylor. Judgment in his case is expected within the next few months. Legalbrief reports that Vice-President Sam Sumana said this weekend's meeting aimed to showcase that 'international criminal tribunals are not only to deliver justice but a respect for the rule of law'. 'The proceeding of Taylor's trial... is being followed closely and we still continue to wait anxiously for the verdict,' he said. It was the second time the prosecutors' meeting has been held in Sierra Leone, following one in 2005. According to a report on the News24 site, the Special Court for Sierra Leone (SCSL) prosecutor, Brenda Hollis, who hosted the two-day meeting, said it brought together international and national legal experts, diplomats, civil society and rights activists. She said it was significant the meeting took take place in Sierra Leone, as the SCSL 'will be the first international court to complete its mandate and transition to a residual mechanism'.
Full report on the News24 site

Meanwhile, the prosecutor of the International Criminal Court today announced that he would seek arrest warrants against Libyan leader Muammar Gaddafi, his son Seif al-Islam and the country's intelligence chief on charges of crimes against humanity. The New York Times reports that Luis Moreno-Ocampo, told an afternoon news conference in The Hague that the three bore the greatest responsibility for violent crimes aimed at preserving ''the absolute authority' of the Libyan leader. According to the report, the prosecutor said he had more than ample evidence showing that Gaddafi's son was the 'de facto prime minister' of the country and that the intelligence chief, Abdullah al-Sanousi, was his right hand man. Arrest warrants at the international court must be approved by a three-judge panel, which determines if there is sufficient evidence to bring a case, says the report. But even if indictments are issued, it notes, the prosecutor must rely on the political will of the international community to capture suspects and bring them to trial in The Hague, since the court has no police powers.
Full report in The New York Times

The ICC has called on the UN Security Council to take action over Djibouti's failure to arrest indicted war crimes suspect Sudanese President Omar al-Bashir during a recent visit. A report on the IoL site says al-Bashir has been indicted by the ICC for genocide in Sudan's Darfur region and this is the third time that an ICC member state has failed to arrest him despite being obligated to do so. According to the report, the ICC said it had informed the Security Council and the Assembly of States Parties (ASP), which oversees the work of the court, of al-Bashir's visit to Djibouti to attend the inauguration ceremony of the President on 8 May. It urged the Security Council and the ASP 'to take any measure they may deem appropriate', the report noted.
Full report on the IoL site

In other developments, the ICC has rejected a request by Moreno-Ocampo for an extension of the deadlines given to him to disclose his evidence in the high-profile Kenyan post-election violence case. The Daily Nation reports that the prosecutor wanted three more weeks to enable him to edit some of the evidence before he reveals it to the defence lawyers representing the Ocampo Six. From 23 May, notes the report, Moreno-Ocampo is required to start revealing the evidence he collected between March and December 2010 to enable the defence lawyers to prepare their case. According to the report, Judge Ekaterina Trendafilova said that the prosecutor's argument had not persuaded the court and he gave him until 23 May to submit 'properly justified proposals for redactions'.
Full Daily Nation report

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