Kenya and AU set to push for review of witness and evidence rules; Prosecutor, Registrar and President warn of judicial independence: Kenya, with the backing of the AU is pushing for an independent review of the ICC Prosecutor’s system of identifying witnesses, and the application of evidence rules at the ASP session set for 18-25 November. Kenya is pushing for the court not to apply Article 68 on recanted evidence in the case against Deputy President William Ruto. Kenya’s proposal for review of the procedure comes after the Trial Chamber in Deputy President Ruto’s case found that recanted statements of five witnesses would be admitted in evidence against Ruto. In a letter published Monday 16 November 2015 and confirmed by the court, the court’s president, prosecutor, and registrar warned member states of the risk of compromising the court’s integrity. The letter reportedly stated “State parties [must] robustly continue to safeguard the independence of the ICC’s judicial process.” (SABC, Reuters, the Star)
Katanga sentence reduced for 18 January 2016 release: Tuesday 13 November 2015 a Panel of three Judges of the Appeals Chamber of the ICC reviewed Germain Katanga’s sentence and decided to reduce it. The sentence is set to end on 18 January 2016. The Panel, composed of Judges Piotr Hofmański, Presiding, Sanji Mmasenono Monageng and Christine Van den Wyngaert conducted the review under article 110 of the Rome Statute that allows a review of a person’s sentence to determine if it should be reduced after a person has served two thirds of the sentence. The Panel found the following factors to support a reduction in Mr. Katanga’s sentence; Mr. Katanga’s willingness to cooperate with the court, a dissociation from his crimes, the prospect of resocialization, and a change in Mr. Katanga’s circumstances. The reparations proceedings in the case are still before Trial Chamber II. (ICC Press Release)
Bensouda releases OTP strategic plan for 2016-2018: On Monday 16 November 2015, ICC Prosecutor Mrs. Fatou Bensouda issued her new Strategic Plan for 2016-2018. According to the ICC Press Release, the Plan builds on the prosecutorial policy of the 2012-2015 Plan, and will continue to make quality a central feature of the functioning and performance of the Office in all spheres of its work. Prosecutor Bensouda said “These measures have already produced concrete results for our cases. We’ll spare no effort to ensure we consistently generate such outcomes.” The new Strategic Plan aims to continue to develop the Office’s high performance and adapt it to new challenges. (ICC Press Release)
ICC PTC maintains 21 January date for start of Ongwen confirmation hearings: The ICC maintains that the confirmation hearing for Dominic Ongwen, former LRA Commander will start on January 21 2016. Mr. Phakiso Mochochoko, Head of the Jurisdiction, Complementarity and Cooperation Division at the ICC told journalists “Currently, the date still stands as January 21. Ongwen’s defence made a request to have the trial postponed and the matter is before the judges.” Mr. Paul Bradfield, a prosecutor in Ongwen’s case confirmed the defences’ request and that they have not yet received feedback from the judges as to whether they will postpone the date. (all Africa)
Kenyatta criticizes ICC for interference with Kenyan internal affairs: Kenyan president Uhuru Kenyatta criticized the ICC on Sunday 15 November 2015 saying that his nation was “tired of interference” in its internal affairs. Kenyatta also reportedly said “That is why we are telling those people who are trying to incite Kenyans on issues that are long forgotten that we are tired of their interference…Instead of disturbing us, they should go to resolve the conflicts in Syria and Iraq and give us room to move our country forward.” The presidency added that “President Kenyatta expressed optimism that just like he overcame the ICC case, Deputy President William Ruto…will also emerge victorious.” (Reuters)
ECCC resumes appeals hearings in Case 002/01: The ECCC resumes hearings on Tuesday 17 November 2015 in
case 002/01, and both defendants, Khieu Samphan and Nuon Chea are expected to be in attendance. Lars Olsen stated that “Over the past month, [the defendants’] health condition has been stable, there have been no hospitalisations.” The hearings which are scheduled for three days, will cover a number of arguments relating to the fairness of proceedings, the trial chamber’s treatment of evidence and the appropriateness of the convictions and sentencing. The Chea defence team has submitted 223 grounds for appeal and the Samphan team submitted 148. The prosecution will also be making an appeal to allow the court to prosecute for “Joint Criminal Enterprise 3” liability. (The Phnom Penh Post)
Defense military expert for Mladic tells ICTY SDA caused war: In testimony to the ICTY on Tuesday 17 November 2015 Kovac, a defense military expert for Mladic, said that the SDA, the Bosniak Party for Democratic Action, “fought for a state which would be based on Islam and excluded other religions and did not allow them influence on the government.” Kovac alleged that this was “the trigger for the fight between the other two peoples”- the Serbs and Croats. Kovac also denied that the Bosnian Serbs held Sarajevo under siege, and that the amount of ammunition fired by the Bosnian Serb Army was within ‘normal limits’. Kovac also said that Mladic was not in charge of the troops responsible for the killings while he was in Belgrade between July 14 and 17th 1995. (Balkan Insight)
The post 17 November 2015 – NEWS ABOUT THE COURTS – Katanga sentence, OTP strategic plan, Ongwen confirmation, ICC ASP and ECCC appeals hearings appeared first on ICL Media Review.