ICC AC dismisses OTP appeal concerning reconsideration of its decision not to investigate crimes committed against the Gaza Freedom Flotilla: Friday 7 November 2015 the Appeals Chamber of the ICC decided in a majority decision to dismiss the Prosecutor’s appeal against the decision of Pre-Trial Chamber I without discussing the merits. The Appeals Chamber found that the decision of the Pre-Trial Chamber was not one with respect to admissibility and was therefore inadmissible under article 82(1)(a) of the Rome Statute. The Appeals Chamber’s decision was adopted by a majority composed of Judges Sanji Mmasenono Monageng, Howard Morrison and Piotr Hofmański. Judges Silvia Fernández de Gurmendi and Christine Van den Wyngaert appended a joint dissenting opinion. (ICC Press Release)
ICC Prosecutor addresses UNSC on Gaddafi and Al-Senussi cases: On Thursday, 5 November 2015 Prosecutor Fatou Bensouda addressed the United Nations Security Council on the situation in Libya, and addressed the cases of Saif Al-Islam Gaddafi and Abdullah Al-Senussi. She said that the 28 July 2015 sentence of death for Gaddafi, Al-Senussi and other co-defendants “was an issue of concern as my Office is still calling upon Libya to surrender Saif Al-Islam Gaddafi to the ICC.” Prosecutor Bensouda also said “In relation to the Al-Senussi‘s case, my Office continues to monitor proceedings at the national level and collect information to enable it to determine whether there are new facts in support of an application for a review of the decision on the admissibility of the case.” (UN News Centre, Kuwait News Agency, Hague Justice Portal)
ECCC court monitors criticize judgment in Case 002: In a report released Wednesday, 4 November 2015, by the East-West Center, the Asian International Justice Initiative and Stanford University’s WSD Handa Center for Human Rights and International Justice are critical of the trial procedure and judgment that resulted in Nuon Chea and Khieu Samphan sentences of life in prison. The report alleges that the judgment failed to meet the legal standards set by the ICC and the ICTY in part because there was a lack of direct attribution of responsibility to Chea and Samphan in many instances. The report alleges that the Trial chamber prioritized expediency over the rights of the defendants. William Smith, the international deputy co-prosecutor at the Khmer Rouge tribunal refuted the claims that the first phase of Case 002 was rushed. (Cambodia Daily)
Hearing in Bemba contempt case held mostly in private session: The trial hearings in the contempt case involving former Congolese vice president Jean-Pierre Bemba Gombo and four associates have been held mainly in private sessions. The charges stem from allegations that witnesses testifying in defense of Bemba at his ICC trial were corruptly influenced to give false testimony. He is on trial with Kilolo; former defense case manager Jean-Jacques Mangenda Kabongo; former defense witness Narcisse Arido; and Congolese legislator Fidele Babala Wandu. (all Africa)
ICC PTC declines Victim request to review prosecution decision to close Kenyatta case: The ICC will not review the prosecution’s decision to stop active investigations into President Uhuru Kenyatta’s case. The judges said there are no judicial proceedings currently before the court with respect to the alleged crimes against humanity committed in Nakuru and Naivasha to warrant active investigation of the case. On 4 October, the victims of the 2007-2008 post-election violence asked the Pre-Trial Chamber judges at the ICC to review a decision by the Prosecution not to actively investigate Uhuru’s case. The decision was made in light of a resolve by ICC judges rejecting Prosecutor Bensouda’s request for further adjournment on Uhuru’s case. (The Star)
UK police say no one suspected of Egyptian war crimes traveled in Sisi’s delegation: British anti-terrorist police have confirmed that no one suspected of Egyptian war crimes traveled with Egyptian President Abdel Fattah al-Sisi on his visit to London. Egypt’s Freedom and Justice Party requested the UK’s police anti-terror unit S015 investigate the delegation accompanying the Egyptian President to Britain this week. British courts have universal jurisdiction to investigate allegations of crimes such as war crimes and torture. (Middle East Eye)
The post 6 November 2015 – NEWS ABOUT THE COURTS – ICC AC dismisses OTP Flotilla appeal, Bensouda addresses UNSC on Libya, ECCC Case 02 criticism and more appeared first on ICL Media Review.