Ongwen trial begins with Prosecution witness on LRA structure: On Tuesday 17 January, the ICC trial against former Lord Resistance Army (LRA) Commander Dominic Ongwen resumed with the expert testimony of Tim Allen. Mr. Allen, a professor at the London School Economics, has been researching the Ugandan rebel group since the 1980s and was called to testify as an expert witness by the Prosecution. His testimony described the culture of the LRA, as well as the organizational relationships within it, the enlisting and training of child soldiers, and the spiritual dimension that has been key to the social cohesion of the group. “It is remarkable the degree to which the LRA was able to operate as a large cohesive group and break up into small groups and still endure,” said Allen in his testimony. Ongwen is facing 70 counts of war crimes and crimes against humanity for attacks between July 2002 and December 2005 on four refugee camps in northern Uganda. 19 out of the 70 charges relate to sexual and gender-based violence, and include several counts of rape, sexual slavery, forced marriage and forced pregnancy. (Africa Times)
UK Supreme Court says lawsuit by Libyan not barred by act of state / state immunity: On 17 January, the UK Supreme Court issued its decision in Belhaj and another (Respondents) v Straw and others (Appellants). Dismissing the UK Government’s appeal and affirming the Court of Appeals’ judgment, the Supreme Court overturned a High Court ruling which had barred Abdel Hakim Belhaj’s civil case on the grounds of the foreign act of state and state immunity doctrines of international law. Mr. Belhaj, a Libyan dissident, claims that him and his wife were abducted in Kuala Lumpur in 2004 and rendered to Libya against their will. He alleges that the MI6 informed the Libyan authorities of their wheareabouts, and “arranged, assisted and encouraged” their rendition, as well as conspired in and assisted in the torture, and inhumane treatment inflicted upon them by US and Libyan authorities. The UK government had argued Mr Belhaj could not sue on the ground of the foreign act of state doctrine, which prevents British courts from examining the actions of other nations carried out in their own jurisdictions. The Supreme Court dismissed the government’s appeal, allowing Belhaj’s case to go to court, arguing that the use of torture “has long been regarded as abhorrent by English law”, and that state immunity is no bar to claims of such grave conduct. “The critical point in my view is the nature and seriousness of the misconduct alleged … at however high a level it may have been authorised,” said Lord Mance in his lead judgment. Commenting on the ruling, Jack Straw, who was foreign secretary under former Prime Minister Tony Blair, said he acted in line with British and international law. “At no stage so far have the merits of the applicant’s case been tested before any court…I was never in any way complicit in the unlawful rendition or detention of anyone by other states,” he said in a statement on Tuesday. Mr. Belhaj has repeatedly said he would drop the case if the British government apologizes for the alleged misconduct. “I continue to hope justice will one day be done, not just for my family, but in the name of everyone wrongly kidnapped in the war on terror,” he said in a statement Tuesday. (UK SC Judgment, Judgment Press Summary, NYT, The Guardian, BBC)
The post 19 January 2017 – NEWS ABOUT THE COURTS – ICC hears Pros witness in Ongwen trial, and UK SC Belhaj Judgment dismisses act of state / immunity appeals appeared first on ICL Media Review.