Tag Archive | "Crimes Against Humanity"

ICC Convicts Former President Bemba for Atrocities in Central Africa

Photo Credit: Witness.org

Photo Credit: Witness.org

On Monday March 21, 2016 the International Criminal Court (ICC) convicted former Congolese vice-president Jean-Pierre Bemba of war crimes and crimes against humanity committed during the 2002-2003 situation in the Central African Republic (CAR). Bemba was convicted by the ICC of two counts of crimes against humanity, for murder and rape, and three counts of war crimes, for murder, rape and pillaging. Most importantly though, this is the first trial at the ICC to focus on the use of sexual violence as a weapon of war, and the first time a defendant has been convicted for command responsibility for failing to take action to stop crimes he knows are being committed by his troops. More than 5000 victims participated in the hearings, the highest number in ICC history.

In 2002 Bemba was commander-in-chief of the Movement for the Liberation of Congo (MLC) when then president of the CAR, Ange-Felix Patasse, requested his assistance in putting down a coup waged by a group of soldiers loyal to former CAR president Kolingba. In coordination with Colonel Qaddafi of Lybia, Bemba sent 1,500 MLC troops to the CAR, who were accused of committing more than 1,000 rapes, in addition to widespread murder and pillaging.

Article 7 of the Rome Statute, which provides for the establishment and administration of the ICC, defines crimes against humanity as “acts when committed as a part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” Article 7(g) identifies “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” as acts which may be invoked to constitute the actus reas of a crime against humanity. Article 8 defines war crimes as grave breaches of the Geneva Convention, including acts against persons or property, when committed as part of a plan or policy or as a part of a large-scale commission of such crimes. Under this definition, the over 1,000 rapes committed by the MLC troops, rises to the level required by the statute in a non-international conflict, and the actus reas of rape is expressly included in 8(2)(e)(vi). 8(2)(f) does limit the situations in which rape or sexual violence can be considered ample actus reas to convict of war crimes to those where there is a protracted armed conflict, hence why this application has never previously been appropriate. In this case, however, the widespread use of rape as a weapon was in evidence from the over 5,000 victim participants.

Commentators have been especially impressed with prosecutors use of Article 28(a) of the Rome statute which allows for a military commander to be held criminally responsible for crimes committed by forced under their control when the military commander knew or should have know that the forcer were committing those crimes, and when that commander failed to take all ‘necessary and reasonable measures within his or her power’ to prevent the commission or to submit the matter to authorities for investigation. Under this Article, the ICC tribunal convicted Bemba as a result of acts committed by his troops which he did not personally commit. This precedent has been heralded by a host of human rights organizations including Amnesty International who said that this verdict, and the principles it espouses, represent a “historic moment in the battle for justice for victims of violence in CAR and around the World.”

This verdict has assured justice for thousands of victims of sexual violence perpetrated as a weapon of war, and the ICC, a beleaguered institution, can now proudly claim to hold commanders responsible for the actions of their troops. However, this investigation began nearly ten years ago, the trial took four years, and the verdict came almost two years after close of arguments. The ICC handles cases which are complex and sensitive, often taking a long time to go through evidence and allow for victim participation. Critics of the court cite its long lag-times, exorbitant costs, and lack of international participation as reasons why it has been a failure at bringing perpetrators, especially those outside of Africa, to justice. Hopefully those critics concerns are at least partially dissuaded by the conviction of Jean-Pierre Bemba, because this verdict is more than just another conviction of a despised African war-lord. By convicting Bebma of rape as a result of command responsibility under Article 28, it is a huge step forward towards strengthening the enforcement of the principles that lay at the foundation of the ICC.

Posted in 1TVFA Posts, 2Featured Articles, DJILP Staff, Jeremy GoldsteinComments (0)

Michael Kirby, Chairman of the U.N. Commission of Inquiry on Human Rights in North Korea

Critical Analysis: Will the Crimes Against Humanity perpetrated in North Korea be prosecuted in the ICC?

October 28, 2014

Speaking before the UN General Assembly on Oct. 28, 2014, Marzuki Darusman, the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) encouraged action to stem the ongoing human rights abuses in the country.  Specifically, Mr. Darusman encouraged submitting the Commission of Inquiry’s report to the Security Council to “send an unequivocal signal” to the DRPK that serious follow up would be taken.

The report itself found systematic, widespread, and gross human rights violations amounting in some cases to crimes against humanity.  The human rights violations are unsurprising to most members of the international community.  Amnesty International and Human Rights Watch have both reported on the many egregious conditions imposed upon the people of the DRPK.  One example are prison camps for political offenders that impose ‘collective punishment’ (imprisoning entire families, including the children of offenders).  According to the US State Department, the political prisoners number in the tens of thousands and may exceed 80,000 individuals.

Although Mr. Darusman’s recommendation before the General Assembly made headlines, the statement is a reiteration of the findings of the Commission.  Specifically, the Commission stated that:

The United Nations must ensure that those most responsible for the crimes against humanity committed in the Democratic People’s Rebublic of Korea are held accountable.  Options to achieve this end include a Security Council Referral of the situation to the International Criminal Court or the establishment of an ad hoc tribunal by the United Nations.

The language used in the Commission’s report demonstrates a clear call for justice on the international stage.

Michael Kirby, Chairman of the U.N. Commission of Inquiry on Human Rights in North Korea

Chairman of the U.N. Commission of Inquiry on Human Rights in North Korea, Michael Kirby, spoke at U.N. headquarters, urging action on the report. Photo Credit: Salvatore Di Nolfi / European Pressphoto Agency, http://articles.latimes.com/2014/feb/17/world/la-fg-un-north-korea-20140218.

Non-cooperation has been an ongoing problem for the Commission, as is noted in the report, but recent developments must have caught the attention of the DRPK officials.  Mr. Darusman was “unexpectedly” met by four North Korean diplomats who sought to discuss a potential visit to the DPRK.  The meeting was the first contact with a UN inspector regarding the human rights situation in the last 10 years.  Reaching out may be a good sign, but it remains to be seen whether North Korea will allow Mr. Darusman access to the political prisons much less acknowledge their existence.

Equally unclear is whether the issue would withstand the veto powers of Russia or China if it reaches the Security Council.  Both nations have aligned with North Korean interests in the past.  Russia itself currently faces significant political pressure in the international arena, but that is certainly no predictor of how the delegation will vote.

Jordan Edmondson is a 3L at University of Denver Sturm College of Law and a Staff Editor for the Denver Journal of International Law and Policy.

Posted in 1TVFA Posts, 2Featured Articles, DJILP Staff, Jordan EdmondsonComments (0)


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