ICC OTP new policy paper on case selection and prioritisation could examine environmental destruction: On Thursday, the Office of the Prosecutor of the International Criminal Court (ICC) released a Policy Paper on Case Selection and Prioritisation of cases for investigation and prosecution, which quickly drew international media’s attention. Aiming to provide clear and transparent guidelines on the exercise of prosecutorial discretion, the 18-page document details the policy and practice of the Prosecutor in relation to the process of “choosing the incidents, persons and conduct to be investigated and prosecuted” and of “prioritising cases both within a situation and across different situations”. “In particular, the Policy Paper will assist the Office in the often difficult assessment of how to allocate its finite resources to the ever burgeoning demand arising from situations of mass atrocity,” stated Prosecutor Fatou Bensouda in an effort to recalibrate expectations for the Hague-based court. While outlining the pragmatism and requisite legal criteria at the core of the prosecutorial strategy, the Office of the Prosecutor also announced that it would give special consideration to pursuing crimes involving environmental destruction and land-grabs. Rapidly drawing international praise, the announcement underlines a deliberate expansion of the ICC’s remit which could soon lead to the prosecution of environmental damage, including the illegal exploitation of natural resources, and the misuse or theft of land as crimes against humanity. The ICC’s apparent change in focus has been welcomed by many international advocacy groups, which perceive it as a warning shot to international corporations, company executives and investors. “The terrible impacts of land-grabbing and environmental destruction have been acknowledged at the highest level of criminal justice, and private sector actors could now be put on trial for their role in illegally seizing land, flattening rainforests or poisoning water sources,” said Alice Harrison, an adviser at Global Witness. The announcement found particular resonance with the claim lodged by the international criminal law firm Global Diligence with the ICC, which accuses Cambodia’s ruling elite of perpetuating mass rights violations though land-grabbing and related forcible eviction. “It will not make land-grabbing per se a crime, but mass forcible evictions that results from land-grabbing may end up being tried as a crime against humanity,” said Richard Rogers, a partner at Global Diligence. Notwithstanding the likelihood of these types of prosecution in the near future, the Policy Paper underscores an important new strategy for the ICC as well as an ongoing effort to adapt to modern dynamics of conflict. (ICC Press Release, The Guardian)
ICC TC decision on witness prep in Ongwen case: On 19 September, ICC Trial Chamber IX issued a decision regarding witness preparation in the case of The Prosecutor v. Dominic Ongwen. Therein, the Trial Chamber rejected the Prosecution’s request to leave to appeal the decision previously issued by the Chamber on 22 July 2016, in which it denied the Prosecution’s request for a witness preparation protocol. In its request for leave for appeal, the Prosecution had argued that, by rejecting its proposal for a witness preparation protocol, the Chamber had failed to recognised the Prosecution’s right to prepare and present evidence in a manner best suited to establish the truth, and had hence abused its discretion. Mr. Ongwen’s Defence responded by submitting that the Prosecution’s request should be rejected. In Monday’s decision, the Chamber ultimately rejected the Prosecution’s claim that the absence of witness preparation affects the fairness of the proceedings, arguing that in no way does it hamper the parties’ right to question witnesses in court or fail to reflect all evidence available. Dominic Ongwen, an alleged former commander and former child soldier of the Lord’s Resistance Army (LRA), is facing a total of 70 counts of crimes against humanity and war crimes, including murder, enslavement, rape, and sexual slavery, allegedly committed between 2002 and 2004 in northern Uganda. Mr. Ongwen’s trial, expected to start on 6 December, is set to become the ICC’s most comprehensive case on sexual and gender-based crimes yet. (ICC TC Decision)
ICC TC finds Kenya failed to cooperate: On 19 September, ICC Trial Chamber V(B) issued a decision in the case of The Prosecutor v. Uhuru Muigai Kenyatta deploring the Kenyan government’s failure to cooperate with the Court. The decision was issued after the Appeal Chamber reversed, on 19 August 2015, the Trial Chamber’s decision to reject the Prosecution’s application for a finding of non-compliance under Art 87(7) of the Rome Statute against the Government of Kenya. Countering the Prosecution’s claim of non-compliance, the Kenyan Government asked the Chamber to reaffirm its earlier determination, arguing that that Prosecution’s case was nothing more than speculative. In Monday’s decision, the Chamber ultimately confirmed the Prosecution’s claim, finding that the Kenyan government had indeed failed to comply with a cooperation request that “prevented the Court from exercising its functions and powers under the Statute”. The Chamber also decided to refer the matter to the Assembly of State Parties, in order to provide an “incentive” for the Kenyan Government to cooperate with the Court in relation to said request, and with its work more generally. In March 2010, the ICC Prosecutor opened a proprio motu investigation on the alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007-2008, which led to the death of more than 1,133 civilians and the displacement of more than 300,000. In March 2015, Trial Chamber V(B) terminated proceedings against the incumbent Kenyan President, Uhuru Kenyatta, following the Prosecutor’s request to withdraw charges against him. In April 2016, ICC judges terminated the last Kenya case at the Court by declaring a mistrial against deputy president William Ruto and journalist Joshua Sang, citing “troubling incidences” of witness tampering and “intolerable” political meddling. (ICC TC Decision)
The post 19 September 2016 – NEWS ABOUT THE COURTS – ICC OTP policy paper on case selection/prioritisation expands to environmental destruction probes; Witness prep decision in Ongwen case and decision on Kenya’s failure to cooperate appeared first on ICL Media Review.