International Justice Monitor

A project of the Open Society Justice Initiative

Vues de l’Ituri: Absence de réparation ou d’assistance pour les victimes de Nyankunde

Cet article a été préparé par notre partenaire Radio Canal Révélation, une station radio basée à Bunia, en République démocratique du Congo (RDC), dans le cadre d’un projet de radio interactive pour la justice et la paix qui favorise la mise en débat des questions touchant à la justice en RDC. Les vues de la population relayées dans cet article sont celles des personnes interviewées et ne représentent pas forcément les vues de tous les membres de la communauté ni celles des victimes.

Des centaines de victimes au nord-est de la République démocratique du Congo (RDC) se disent délaissées et découragées faute d’’assistance dans la localité de Nyankunde, complètement détruite lors de l’attaque deseptembre 2002 qui a causé la mort de … Continue Reading

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Views from Ituri: Lack of Compensation or Assistance for the Victims of Nyankunde

This article was prepared by our partner Radio Canal Révélation, a radio station based in Bunia, the Democratic Republic of the Congo (DRC), as part of an interactive radio project on justice and peace which encourages a debate on issues related to justice in the DRC. The views conveyed in this article belong to the people interviewed and do not necessarily represent the views of all the community members, or those of the victims.

Hundreds of victims in the northeast of the Democratic Republic of the Congo (DRC) say that they feel abandoned and discouraged because of the lack of assistance in the village of Nyankunde, which was completely destroyed in the attack of … Continue Reading

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Legislator Proposes Blanket Amnesty for Grave Human Rights Violations in Guatemala

A bill was presented in the Guatemalan congress last week that would effectively establish a blanket amnesty for military officials accused of international crimes related to the internal armed conflict, in which an estimated 200,000 lives were lost. The bill seeks to alter the Law of National Reconciliation, which the Guatemalan congress passed in December 1996 in the context of the United Nations-brokered peace accords. That law provides for amnesty for political crimes, but not for international crimes such as genocide, torture, and other crimes against humanity.

The Proposed Legislation

On November 6, 2017, Congressman Fernando Linares Beltranena presented a proposal to reform Decree No. 145-1996, known as the Law of National Reconciliation. This law provides for amnesty for political crimes, but … Continue Reading

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ICC Judges Authorize Investigation Into Crimes in Burundi

Judges at the International Criminal Court (ICC) have authorized Prosecutor Fatou Bensouda to initiate investigations into crimes committed in the central African country of Burundi over the last two and a half years.

Pre-Trial Chamber III first issued the authorization under seal on October 25. It was unveiled in a public redacted version yesterday, less than two weeks after Burundi’s withdrawal from the ICC on October 27. Judges determined that the court has jurisdiction over the crimes allegedly committed in that country while Burundi was a State Party, from December 1, 2004 through October 26, 2017.

Burundi fell into turmoil in April 2015 when President Pierre Nkurunziza’s government quelled a coup attempt that followed his decision to stand for a third term … Continue Reading

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ICC Finds South Africa Did Not Fulfill Its Obligation to Arrest Sudan’s President but Declines to Refer Matter to Security Council

The International Criminal Court (ICC) has ruled South Africa failed to fulfill its obligations as member of the court when the government did not act on the ICC arrest warrants for Sudan’s president when he visited South Africa in 2015.

The three judges comprising Pre-Trial Chamber II unanimously decided on Thursday, July 6, not to refer the matter to either the United Nations Security Council or the ICC’s membership. Article 87 of the ICC’s founding law, the Rome Statute, provides for the court to refer a member state to the wider membership or the Security Council for not cooperating with the court.

The chamber was making a decision on the two-year old matter now because it decided to wait until a similar case before South … Continue Reading

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Concerns over Bid to Wrap Up Outstanding Investigations at Cambodia’s ECCC

The Open Society Justice Initiative, which has been monitoring events at the Extraordinary Chambers in the Courts of Cambodia since before the tribunal opened proceedings in 2007, has expressed its concern about an apparent bid by the ECCC’s two investigating judges to put a permanent stay on its their three outstanding cases.

The proposal was made on May 5, 2017, by the two co-investigating judges, Michael Bohlander and You Bunleng, in a highly unconventional “confidential request” to the court. Although filed under seal, the filing was then leaked to the press; subsequently the two judges publicly acknowledged its existence and basic substance.

In the filing, they announced that they are preparing to issue a “permanent stay” of the three cases they are currently responsible for … Continue Reading

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South Africa Tells ICC It Was Not Obliged to Arrest Sudanese President; Prosecution Disagrees

South Africa told the International Criminal Court (ICC) it did not have a duty to act on an ICC arrest warrant for Sudan’s President Omar al-Bashir because Sudan is not a member state of the ICC.

Dire Tladi argued further on Friday that as a member state of the ICC, South Africa could not be compelled to arrest a head of state of a country that is not a member of the ICC because that person enjoyed immunity under customary international law.

Tladi made submissions before Pre-Trial Chamber II on behalf of the government of South Africa. He is a special adviser to South Africa’s Minister of International Relations and Cooperation.

He made his arguments during a hearing that Pre-Trial Chamber II had … Continue Reading

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ICC Chamber Excludes Victims from Bashir Cooperation Proceedings

On Friday, April 7, the International Criminal Court (ICC) will hold a hearing in the case against Sudan’s President Omar Al Bashir, for the first time in seven years. Pre-Trial Chamber II will hear submissions on whether action should be taken against South Africa for failing to surrender President Bashir during his visit to that country in June 2015 for an African Union summit.

Notably absent from the hearing will be any representative of the victims of Bashir’s alleged crimes, although a small number of them have been granted status to participate in the case.

The role given to victims in ICC proceedings is often described as ground-breaking. Victims’ voices, so it is claimed, are what distinguish this court from previous international … Continue Reading

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Réactions des victimes congolaises dans la perspective des réparations dans l’affaire Lubanga

Cet article a été préparé par notre partenaire Radio Canal Révélation, une station radio basée à Bunia, en République démocratique du Congo (RDC), dans le cadre d’un projet de radio interactive pour la justice et la paix qui favorise la mise en débat des questions touchant à la justice en RDC.

Les victimes des crimes commis par Thomas Lubanga dans un groupement de la communauté Lendu dans la Province de l’Ituri, ont accueilli favorablement la décision du Fonds au Profit des Victimes (Fonds) affectant un million d’euros aux réparations collectives en République démocratique du Congo.

« Nous acceptons que le Fonds nous construise des stades, des centres de santé, réhabilite nos routes… ceci va nous faire oublier les crimes du passé… [M]algré … Continue Reading

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Reactions of Congolese Victims to the Prospect of Reparations in the Lubanga Case

The below article is from our partner at Radio Canal Révélation, a radio station based in Bunia, Democratic Republic of Congo (DRC). The article was produced as part of the radio station’s Interactive Radio for Justice and Peace Project, which promotes discussion on critical issues around justice in DRC.

The victims of crimes committed by Thomas Lubanga within the Lendu community in Ituri Province have welcomed the decision of the Trust Fund for Victims (the Fund) that allocated one million Euros to collective reparations in the Democratic Republic of the Congo.

“We agree to the Fund building stadiums, healthcare centers, repairing our roads… this is going to make us forget the crimes of the past… [I]n spite of everything, we are brothers, … Continue Reading

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