Botswana and Germany ratify Rome Statute amendments on crime of aggression and Article 8: On 3 and 4 June 2013, Germany and Botswana, respectively, ratified the Rome Statute amendments on crime of aggression and Article 8 on war crimes. Currently seven states have ratified the Kampala amendments on the crime of aggression. The ICC will have jurisdiction over the crime of aggression once the Assembly of States Parties approves jurisdiction after 1 January 2017 and one year after 30 states have ratified the amendment.
Congolese militia commander questioned over accuracy of Bemba’s book: On 10 June 2013, ICC prosecutors questioned a former Congolese militia commander over the discrepancy between his testimony and ICC accused Jean-Pierre Bemba’s book on the Movement for the Liberation of Congo (MLC) force’s deployment in CAR in 2001. In 2001, the CAR requested assistance from the MLC to help put down a coup. The book reported that Bemba made military orders in the CAR, but the witness stated he never heard Bemba make orders. The MLC troops are accused of committing mass atrocities including rape, murder, and pillaging in the CAR from 2002-2003. Bemba is accused of having effective authority and control over the troops who committed the atrocities.
ICC Prosecutor opposes Kenyatta’s postponement application: On 11 June 2013, ICC Prosecutor Fatou Bensouda urged trial judges to reject Kenyan President Uhuru Kenyatta’s application to postpone his trial until January 2014. Bensouda stated that delaying the trial would impede on justice and the interests of victims. Kenyatta’s trial is set to begin on 9 July. Kenyatta is charged with crimes against humanity relating to the 2007-09 post-election violence in Kenya.
ICC begins inquiry into withdrawal of Kenyan victims: On 9 June 2013, the ICC’s Common Legal Representative of Victims said his team is investigating the Kenyan victims’ withdrawal from the cases against President Uhuru Kenyatta and Deputy-President William Ruto. The ICC stated that when a victim signed a letter indicating their withdrawal, the reason for their withdrawal will need to be established. The ICC argued that the victims may have been subjected to undue influence.
ICTY Chief Prosecutor is satisfied with Serbia’s cooperation: On 9 June 2013, ICTY Chief Prosecutor Serge Brammertz stated that he will submit a report to the UN General Assembly that he is satisfied with the cooperation of Serbia with the tribunal. Serbia has adequately responded to applications for assistance sent by the ICTY and has committed itself to domestically prosecuting individuals who hide ICTY fugitives. Brammertz reported that he is also satisfied with the cooperation of Bosnia-Herzegovina and Croatia. Currently, the ICTY has 12 cases on trial and 13 cases on appeal underway.
STL to launch investigation into witness intimidation: On 29 April 2013, Judge David Baragwanath of the Special Tribunal for Lebanon announced that the STL would launch an investigation into three incidents of publication of witness identities. The incidents will remain confidential for the time being. Such publications could be deemed interference with administration of justice.
Witnesses continue testifying at Khmer Rouge Tribunal: On 7 June 2013, the UN-backed ECCC trial of former Khmer Rouge leader Khieu Samphan continued. New York Times Journalist Sydney Schanberg concluded his testimony detailing his experiences reporting in Cambodia during the 1970s atrocities. Samphan’s former bodyguard testified as a character witness for the accused. Samphan is charged with war crimes and crimes against humanity relating to the atrocities that killed nearly two million Cambodians during the 1970.