August 3, 2010 7:55 AM EST | Link

Two Sudanese groups complain about statements by ICC Prosecutor Moreno-Ocampo

I just came across a short note on Prof. William Schabas' blog that a complaint was lodged on 30 July by two Sudanese NGOs concerning an op-ed of the ICC Prosecutor, Luis Moreno-Ocampo, on the arrest warrant against Sudanese President Al-Bashir.

March 1, 2010 2:13 PM EST | Link

Two Legal Issues in the Context of the Abu Garda Decision

In early February, the ICC Pre-Trial Chamber I declined to confirm the charges against Bahr Abu Garda, commander of a group that broke away from the Justice and Equality Movement, in connection with the attack that killed 12 African Union peacekeepers in Darfur in 2007. The decision of the pre-trial judges is a blow for the Office of the Prosecutor (OTP). If it is true that the Prosecutor submitted “scant and unreliable” (para. 179) evidence for a trial, it is the job of an independent and impartial organ of the Court abiding by standards of due process to decline the confirmation of charges. At a more general level, the Abu Garda decision brings two important legal issues to the fore: the selection of cases at the ICC and the legal status of peacekeepers.

June 19, 2009 10:50 AM EST | Link

USIP Truth Commissions Digital Collection

A few days ago, the new version of the United States Institute of Peace (USIP) Digital Collection on Truth Commissions went online, together with the completely redesigned USIP website.

The Truth Commissions Digital Collection, part of the Margarita S. Studemeister Digital Library in International Conflict Management, is a collection constantly under development by the Jeannette Rankin Library Program, containing decrees establishing truth commissions and similar bodies of inquiry worldwide, the reports issued by such groups as well as relevant background information on each commission.

The resource allows access to most legal documents establishing such commissions and it has significantly more information than the old version. By clicking on the country name, you will be directed to a country page that briefly describes the establishment, mandate, composition, and report of these bodies as well as subsequent developments after the closure of the commission. A new filter function allows you to easily find related information on the same country, region, issue area or type of information.

USIP is welcoming feedback on the resource. Comments may be sent directly to USIP or can be posted here in his blog and will be forwarded to the team at USIP.

May 27, 2009 6:34 AM EST | Link

ICC Launches Online Library on International Criminal Law

Late April 2009, the International Criminal Court (ICC) launched the new version of the Legal Tools , an international knowledge-transfer platform.

The Legal Tools amount to an online library for international criminal and human rights law made freely available to the general public through the website of the ICC. The Legal Tools Database is the most comprehensive on international criminal law. It contains more than 40,000 documents, including decisions and indictments from all international or internationalised criminal tribunals, preparatory works of the ICC, case documents from the ICC, treaties, information about national legal systems, and relevant decisions from national courts. The service also contains a new knowledge-base on national legislation implementing the ICC Statute.

April 16, 2009 12:36 PM EST | Link

Gender and Transitional Justice: In Nepal and Elsewhere

Nepal's government fails to protect women human rights activists, says Amnesty International

On April 10, Amnesty International (AI) launched an appeal and a short video calling upon the Nepalese government to protect women human rights activists. A year after a new Constituent Assembly in Nepal was elected, women human rights activists continue to be at high risk of attack and progress in establishing transitional justice mechanisms has been slow despite the Maoists’ campaign promises to end impunity and improve the human rights situation. "When the Maoist Government came to power, it made commitments to protect women's rights but these now seem like false promises," said Madhu Malhotra, Amnesty International's Asia-Pacific Deputy Director. "Now that they are in government, all the revolutionary rhetoric has not resulted in real improvements in women's lives.”

Greater Attention to Women in Transitional Justice: An ICTJ Report on Afghanistan

In Nepal and elsewhere, civil society groups have called for greater attention to women in transitional justice processes. In February 2009, the International Center for Transitional Justice (ICTJ) published a report on gender-specific violations in Afghanistan. The three authors – Fatima Ayub, Sari Kouvo and Yasmin Sooka – argue that the deprivations and violations suffered by women are rarely specific to outbreaks of war. Rather, the authors conclude that the conflict merely accentuates discrimination and violations that women suffered during peace.

March 24, 2009 1:07 PM EST | Link

Unfinished business in East Timor

The UN Security Council decided unanimously on February 26 to keep its peacekeeping mission in East Timor (UNMIT) for another 12 months, noting that the political and security situation there remains fragile and many cases of serious human rights violations remain unaddressed. The 1,500-strong international police force was given authority over East Timor's internal security force in 2006, after tensions between the police and military led to deadly violence. One of the main tasks of UNMIT is the restoration and maintenance of public security through the provision of support to the Polícia Nacional Timor-Leste (PNTL, the Timorese national police). Two and a half years later however, the Timorese police force is still a weak, factionalized and unaccountable force and some of its most senior members have been accused of human rights abuses.

East Timor’s president Ramos Horta last week went to New York to lobby UN members not to abandon his country prematurely. While security in Timor has improved since the unraveling of law in 2006, UN Security Council members agreed on the necessity to renew UNMIT’s mandate for another year.

Although not widely reported, a recent decision of East Timor’s highest court casts doubts on the sustainability of international efforts to enhance accountability for human rights abuses. The court’s judgment in the case of a “fake policeman” may only add to the already daunting challenges to build a sustainable, human rights abiding and democratic police force. Online reports explained that East Timor’s highest court has found the agreement between the East Timorese government and the United Nations Police mission non-binding and unconstitutional.

The December 2008 court decision demonstrates that to prevent future abuses, many challenges remain. Moreover, the court case shows that the there is a long way to go to address the culture of impunity within the police force and potentially across institutions.