1 December 2016 – NEWS ABOUT THE COURTS – Decisions and Filings in Ongwen as Trial Approaches, IACHR on Mexico Disappearances, Bensouda on Malian Domestic Trial, ICTY Arrest Warrants and more

Trial Chamber IX makes decisions on evidence, protective measures and amicus briefs as Ongwen trial date approaches: The trial of Dominic Ongwen is due to begin on Tuesday 6 December 2016 before the International Criminal Court. The trial will begin with the reading of the charges and oral opening statements by the Office of the Prosecutor and the Legal Representatives of Victims. The Prosecutor will begin presenting its evidence on the 16^th January 2017. Prior to the beginning of the trial, several decisions and filings have been made by the Office of the Prosecutor. On 29 November 2016, the Trial Chamber, responding to the Prosecutor’s request for in-court protective and special measures, ordered that several witnesses be referred to only by pseudonyms and provide their testimony with face distortion vis-à-vis the public. In addition, the Trial Chamber ordered that special measures for psychological support be given to several witnesses. Following this, on 30 November 2016 the Prosecutor submitted an updated list of evidence and witnesses. The filing was in response to the Trial Chamber’s previous decisions on the introduction of prior recorded testimony under Rule 68(2)(b) and the Prosecutor’s request to add items to its list of evidence and a witness to the list of witnesses. In addition, on 29 November 2016 the Trial Chamber rejected Child Soldier’s International request to submit an amicus curiae brief concerning the effect of a perpetrator’s status as a former child soldier on sentencing and criminal responsibility. The Single Judge was not persuaded that the briefing would assist in the determination of the issues before the Chamber. The trial will see Ongwen tried for 70 counts of war crimes and crimes against humanity related to the attacks against the civilian population in Uganda, including murder, rape, torture, and the conscription and use of child soldiers. (ICC Media Advisory; ICC TC Decision; ICC Filing; ICC TC Decision)

Inter-American Commission on HR submits Mexico disappearance case to Inter-American Court: The Inter-American Commission on Human Rights has submitted to the Inter-American Court of Human Rights the case of Nitza Paola Alvarado and Others against Mexico. The case relates to the forced disappearance of three individuals by state agents in Mexico in 2009 and whose status is still unknown. In its Report on Merits, the Commission recommended that Mexico fully investigate, impartially and effectively, the whereabouts of Espinoza, Herrera and Reyes, and if appropriate, take the necessary measures to identify and return their remains to the families. The Report also called on Mexico to “repair human rights violations both materially and morally” and provide accountability measures for state officials involved in the disappearance and denial of justice. The case was submitted to the Court on November 9, 2016, as the Commission felt that its recommendations have failed to be taken up by Mexico. (OAS; Insight Crime)

Bensouda focuses on complementarity in statement on Malian domestic trial of Amadou Haya Sanogo and others: On 1 December 2016, ICC Prosecutor, Mrs. Fatou Bensouda, released a statement concerning the situation in Mali. In her statement, she highlighted that “complementarity is central to the Rome Statute system” and that the best way to achieve accountability in Mali is through the combined efforts of the ICC and the national authorities. In this regard, Bensouda noted in particular the trial of Mr Amadou Haya Sanogo, the leader of the 2012 Malian coup, before the national courts. The subject matter of the trial against Sanogo and other accused individuals fall within the jurisdiction of the ICC, and the Court is continuing its investigation into the situation. (ICC Press Release)

ICTY publicises int’l arrest warrants for 3 Serb politicians; calling on UN member states to fulfil warrants: On 29^th November 2016, the International Criminal Tribunal for the Former Yugoslavia (ICTY) removed the confidentiality of the international arrest warrants of Vjerica Radeta, Petar Jojic and Jovo Ostojic. The three individuals, who are Serbian Radical Party members, are accused of witness tampering during the war crimes trial of Radical Party leader, Vojislav Seselj. The October 5^th warrants call on “all officers and agents of all United Nations Member States…to act promptly with all due diligence to secure the arrest, detention, and transfer to the Tribunal.” The Serbian Government has so far refused to extradite the three individuals to the Court, alleging that their arrests may endanger the stability of the country. In turn, the ICTY has criticised Serbia for obstructing justice. (Balkan Insight)

Sri Lankan President reportedly contacts Trump over pressure for accountability: It has been reported that Sri Lanka’s President, Maithripala Sirisena, has contacted President-elect Donald Trump, seeking his support in ensuring that Sri Lankan troops are freed from the allegations that they committed war crimes during the civil war. (Washington Post)

The post 1 December 2016 – NEWS ABOUT THE COURTS – Decisions and Filings in Ongwen as Trial Approaches, IACHR on Mexico Disappearances, Bensouda on Malian Domestic Trial, ICTY Arrest Warrants and more appeared first on ICL Media Review.