International Justice

CJ354 Endicott College

Justice News

Here are a few news stories on international justice that caught my attention this week. Feel free to respond with questions and thoughts, or start a new post on one of the individual news stories.

COLOMBIA

Colombia milita boss ‘Martin Llanos’ confesses murders (BBC)

The Colombia government will soon begin peace negotiations with the FARC rebels who have rivaled the government for territory and power for decades. Justice issues are likely to figure prominently in the negotiations and particularly whether there will be some measure of amnesty to ensure stability and land reform policies for victims. Many parties are guilty of crimes in the Colombian conflict, ranging from leaders of left-wing rebel groups and right-wing paramilitary groups, and government officials. The ICC has Colombia under ‘preliminary investigation’ – the Court and local civil society continue to pressure the government to ensure robust accountability for all parties to the conflict.

LIBYA-ICC

No winners in ICC-Libya Standoff (Foreign Policy)

International Criminal Court Debating Where Moammar Gadhafi’s son should be trip (WaPo)

There is increased tension between the ICC and the new transitional government in Libya over who gets to try Saif Gaddafi (son of late Libyan leader Moammar Ghaddafi) and Senussi (former intelligence chief). Libyan authorities claim that are both willing and capable of trying him, which is allowed under the “complementarity” provisions of the Court’s Rome Statute. The former Chief Prosecutor publicly preferred the trial stay in Libya, but it’s up to the ICC judges and not the Prosecutor. Gaddafi and his lawyers prefer an ICC trial, arguing that a fair trial in Libya is not possible and he would also get the death penalty there.

As Kersten argues in his FP article, this is potentially bad for the credibility of both the ICC and the transitional government in Libya.  The article is also a great background piece on on all the turmoil in he ICC-Libya case.

KENYA-ICC

President Uhuru Can’t Face ICC Trial (The Star)

Kenya AG Praises Bensouda, Blasts Ocampo (Capital FM)

Two candidates for Kenya’s upcoming presidential election are facing charges by the ICC – Kenyatta and Ruto. Both, along with two others, are accused of inciting and planning the violence that followed the disputed results in the last presidential election in 2007/2008. While all the accused have so far cooperated with the ICC, the Kenyan government continues to seek a deferral of the cases and challenge whether candidates and potentially a new president should face an international court. Re the first article, state officials have no immunity from prosecution for crimes such as war crimes, crimes against humanity, etc. So a potential President Kenyatta could still face the ICC regardless of what the Kenyan constitution says.

RWANDA

Amnesty Reports Unlawful detentions in Rwanda (VOA News)

The Rwanda government continues to be at odds with international human rights groups who accuse the semi-authoritarian regime of repression in various forms. In this recent report, Amnesty highlights the unlawful practices of torture and illegal detention that the government has allegedly practiced to eliminate threats. Undoubtedly, there are threats to regime stability in Rwanda. But the government continues to act with impunity with regard to serious violations of human rights at home and in neighboring Congo.

NEPAL

UN Decries Impunity for Nepal War Crimes ((AFP)

The HRC just published a report, detailing the crimes and failures of accountability in Nepal’s civil war. is one instance, among many, in which the UN Human Rights Council can pressure states on transitional justice through naming and shaming. Typically, the UN commissions an investigation into abuses and publishes a report of this nature prior to the international community setting up a tribunal or other mechanism.

DRC-ICC

Congolese warlord Lubanga appeals (News 24)

Congolese warlord, Thomas Lubanga, was convicted this year by the ICC on child soldiers charges. He is now appealing his sentence whereas the Chief Prosecutor would like a longer sentence. Many believe Lubanga should have also been charged with other serious crimes related to acts of sexual violence and massacres.

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One response to “Justice News

  1. mbjurkovic October 11, 2012 at 11:04 pm

    There has been much discussion in class and readings about the necessity to mend relations between groups in post-conflict societies. One issue that, at face, seems to present a gray area is the case in which the large-scale violence is contained within an ethnic group, such as that led by Martin Llanos against left-wing Colombians. Although the crimes of Llanos are certainly crimes against humanity, should the fact that he is a Colombian that has committed these crimes against other Colombians change the way his trial is viewed? Are political differences such as left wing – right wing a strong enough basis to justify the need for a special transitional justice between the affected parties such as one might encounter in the aftermath of an inter-ethnic conflict as in Rwanda? Political differences do not seem to be as polarizing as ethnic differences in a conflict, which raises the question of whether or not Llanos should be treated as a common criminal in the Villavicencio court.

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