ICC concludes confirmation hearing in Mali destruction case; judges to decide in 60 days: Judges of Pre-Trial Chamber I of the International Criminal Court have completed the confirmation hearing in the case against Ahmad al-Faqi al-Mahdi – the ICC’s first case to charge an individual with war crimes concerning the destruction of historic and cultural sites. During the confirmation hearings ICC Prosecutor Fatou Bensouda urged that “we must stand up to the destruction and defacing of our common heritage… humanity’s collective consciousness was shocked by the destruction of these sites. Such an attack must not go unpunished.” She added that the accused’s actions were a “callous assault on the dignity of an entire population and their cultural identity.” Lawyers for the defence denied accusations and defended him as “an intelligent, reasonable and educated man” saying he sought to do good in response to a “divine message”. Mr. al-Faqi is accused of leading the 2012 attack by al-Qaeda affiliate Ansar Dine against the 15th century historic mausoleums of Timbuktu. Pre-Trial Chamber I now has 60 days to decide whether the Prosecution has presented sufficient evidence to establish substantial grounds to believe that the accused committed each crime charged, and therefore proceed to trial. (Justice Hub, Independent, Yahoo! News, The Guardian, DW, News 24)
Change to ICC Rules affect number of judges on panel, and Prosecutor’s power to investigate witness tampering: During the 34th Plenary Session for Judges at the ICC, the Judges took the decision to amend the Rules of Procedure and Evidence, making key changes to proceed concerning the number of judges on a panel and the procedure for the Prosecutor to investigate contempt allegations. Among the changes adopted to the Rules, was the adoption of a new rule, Rule 165, which gives the Prosecutor the power to “initiate and conduct investigations with respect to the offences defined in Article 70 on his or her own initiative, on the basis of information communicated by a Chamber or any reliable source.” The rule is aimed at making it easier to deal with offenses against the administration of justice and ICC Prosecutor Fatou Bensouda has already used Article 70 to get warrants of arrest against three Kenyans for allegedly bribing witnesses; namely Paul Gicheru, Walter Barasa and Philip Bett. Additionally, Judges of the ICC amended Rule 165 to allow for confirmation of charges and the hearing to be conducted by one judge, rather than three judges, and appeals against convictions to be heard by three judges instead of five. The judges stated that they “considered that these amendments will enhance the overall efficiency of proceedings in the court by ensuring that it is able to focus its judicial resources on core crimes while preserving the fairness of Article 70 proceedings.” (The Star, Tuko, All Africa, Standard Digital)
ECCC begins hearing evidence in Case 002/02 on fourth issue of security centers: On 2 March, the ECCC Trial Chamber began hearing evidence in Case 002/02 on a fourth trial concerning Security Centres and Internal Purges. The evidence concerned allegations that the Communist Party of Kampuchea destroyed Cambodia’s legal and judicial structure and replaced them with a network of security centres and execution sites. The security centers and execution sites are alleged to have been directed towards those suspected of engaging in hostile activities. The Trial Chamber will hear evidence on three security centres includingAu Kanseng Security Centre in Ratanakiri Province, Phnom Kraol in Mondulkiri Province, and S-21 in Phnom Penh. This testimony will add to the previous testimony of three other security centers covered in previous submissions during Case 002/02, including evidence concerning Kraing Ta Chan, Wat Au and Trea Village. By 1979, it is alleged that approximately 200 security centers and countless execution sites were established in every Zone throughout Cambodia. The Trial Chamber has heard 68 witnesses, 27 Civil Parties, and 2 experts so far in Case 002/02, over the course of 150 hearing days. The next trial topic will relate to allegations of forced marriage under the Khmer Rouge regime. (ECCC Press Release)
UN Sec-Gen appoints Meron as MICT President; SC appoints Brammertz as Prosecutor: UN Secretary-General, Ban Ki-moon, has appointed United States Judge Theodor Meron to a new term as President of the International Mechanism for Criminal Tribunals (MICT), effective 1 March 2016. Furthermore, Serge Brammertz has been appointed as Prosecutor for the MICT by the United Nations Security Council. His appointment also became effective on March 1 2016. Judge Meron currently serves as a judge for the International Criminal Tribunal for the Former Yugoslavia and will continue to serve as judge there while working as the President of the Mechanism. Mr. Brammertz will also continue to serve simultaneously as the ICTY Prosecutor. The MICT was established in 2010 by a Security Council resolution in order to carry out the residual functions of the ICTR and ICTY tribunals after they wrap up their current case load. (UN New Centre, Inserbia Network Foundation)
ECCC hears testimony of cannibalism: The ECCC heard testimony in Case 002/02 against Nuon Chea and Khieu Samphan from witness Meu Peou who described to the Court an incident of cannibalism that occurred under the Khmer Rouge regime. Peou said that a woman “was asked to take off her clothes and her body was cut open… there was blood everywhere… [H]er liver was taken out and was cooked for a meal.” Peou told the Court that he directly witnesses these events. He further testified that when he was a little boy, he was arrested by authorities on charges that he had betrayed “the hardline communist cadres by stealing rice.” (Breit Brat)
Korea vows to boycott UN HR Council if its HR record is examined: Foreign Minister of North Korea, Ri Su Yong, has stated that North Korea will boycott any sessions of the United Nations Human Rights Council which examines its human rights record and said they will “never, ever” be bound by any resolutions. Ri also accused the United States, Japan, and South Korea of sending agents into his country to recruit criminals to become “so-called North Korean defectors.” Ri asserted that they “shall no longer participate in international sessions singling out the human rights situation of the Democratic People’s Republic of Korea (DPRK) for mere political attack” and that any resolutions adopted against the DPRK “will be none of our business…” Ri added that the UNHRC was marked by worsening “politicization, selectivity and double standards” while criticizing gun-related violence in the United States and the migrant crisis in Europe. The UNHRC’s session began in Geneva on 29 February 2016 and will conclude 24 March 2016. The council is set to consider a report by the UN human rights office’s rapporteur Marzuki Darusman on North Korea where he warned that Kim Jong Un and his officials could be held accountable for any crimes they find to have committed. (Yahoo! News, The Guardian, IB Times)
The post 3 March 2016 – NEWS ABOUT THE COURTS – ICC Mali confirmation hearing, ICC Rule change, ECCC evidence, MICT appointment of Pres and Pros and N. Korea on the UN HR Council appeared first on ICL Media Review.