Legal news
Gambia files Rohingya genocide case against Myanmar at the International Court of Justice
On 11 November 2019, the Republic of The Gambia instituted proceedings against the Republic of the Union of Myanmar before the International Court of Justice, alleging violations of the Convention on the Prevention and Punishment of the Crime of through “acts adopted, taken and condoned by the Government of Myanmar against members of the Rohingya group”.
On 27 November 2019, the ICC Appeal Chamber rejected Mr Bemba’s appeal against the ‘Decision Re-sentencing Mr Jean-Pierre Bemba Gombo, Mr Aimé Kilolo Musamba and Mr Jean-Jacques Mangenda Kabongo’ of 17 September 2018, which had sentenced him to one year imprisonment and a fine of 300 000 euros.
The Court found that the Trial Chamber did not fail to comply with its directions on re-sentencing, did not err in law or in fact, nor did it impose a disproportionate sentence. It stressed that : “3. It is unhelpful to compare the sentences imposed on different convicted persons without reference to the specific facts and individual circumstances of each person. 4. It is not an error to consider solvency as a relevant factor for the determination of a fine. Solvency is a relevant consideration in numerous jurisdictions and its underlying rationale is the need to ensure a deterrent effect.”
Publication of an updated ICC Chambers practice manual by the ICC judges
The manual includes new deadlines for the judges.
At the pre-trial level, decisions on requests of the Prosecutor for authorisation to proceed with an investigation under article 15 of the Statute, will be rendered within 120 days.
On 12 December 2019, ICC Pre-Trial Chamber II partially confirmed the charges of war crimes and crimes against humanity brought by the Prosecutor against Alfred Yekatom and Patrice-Edouard Ngaïssona and committed them to trial.
The confirmation of charges hearing took place on 19 – 25 September 2019 with closing statements on 11 October 2019.
Pre-Trial Chamber II, composed of Judge Antoine Kesia-Mbe Mindua (Presiding Judge), Judge Tomoko Akane and Judge Rosario Salvatore Aitala, found that there are substantial grounds to believe that :
Condemnation of France by the European Court of Human Rights, for violation of article 3, because of the treatments inflicted on a detainee in 2007
By a judgment of 5 December 2019, the European Court of Human Rights held, unanimously, that there had been a violation of the substantive and procedural aspects of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.
CJEU : In an Opinion delivered on 26 November 2019, the Advocate General considers that a public prosecutor’s office, such as the French one, cannot be regarded as an ‘issuing judicial authority’ for the purpose of issuing an EAW if, when adjudicating on an EAW, its members must comply with general instructions on criminal justice policy, issued by the Minister for Justice, which are binding in relation to such warrants and with instructions issued to them by their hierarchical superiors.
Cf. CJEU Press release of 26 November 2019 :
By 3 judgements of 12 December 2019, the CJEU has ruled that the French, Swedish and Belgian public prosecutor’s offices satisfy the requirements (in particular of independence) for issuing a European arrest warrant, and clarifies the scope of the judicial protection afforded to persons referred to in such warrants.
In particular, the Court considered that the status of the French public prosecutor’s office afforded it a sufficient guarantee of independence for the issuing of European arrest warrants.
Conviction of Mr Bosco Ntaganda by the ICC
On 8 July 2019, Trial Chamber VI of the International Criminal Court found Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes against humanity, committed in Ituri, Democratic Republic of the Congo, in 2002-2003.
ICC Appeals Chamber confirms Jordan’s non-cooperation but reverses the decision referring it to the ASP and UNSC
By a jugement of 6 May 2019, the ICC AC decided unanimously to confirm the decision of ICC PTC II which found that Jordan, a State Party to the ICC Rome Statute, had failed to comply with its obligations by not arresting Mr Omar Al-Bashir (then President of the Republic of the Sudan) and surrendering him to the ICC while he was on Jordanian territory attending the League of Arab States’ Summit on 29 March 2017.READ MORE
German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant
By a judgement of 27/5/2019, the CJEU ruled that German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant.READ MORE
Sweden proposes international tribunal to try Isis fighters
The Swedish government is seeking support from European allies for a new international tribunal to prosecute Isis fighters and military personnel for war crimes perpetrated in Iraq and Syria.
ICC judges reject opening of an investigation regarding Afghanistan situation
On 12 April 2019, Pre-Trial Chamber II of the ICC rejected unanimously the request of the Prosecutor to proceed with an investigation for alleged crimes against humanity and war crimes, on the territory of in the Islamic Republic of Afghanistan. The judges decided that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.
Fifth Edition of the ICC OPCV Manual for Victims’ Legal Representatives
The ICC Office of Public Counsel for Victims has published a Fifth Edition of its Manual for Victims’ Legal Representatives
Violation of the ECHR in case of imprisonment of a person in a metal cage in a courtroom during his trial
On 19 March 2019, the ECtHR reaffirmed that the imprisonment of a person in a metal cage in a courtroom during his trial and in a prison, for the purposes of his participation, by video link, to the judicial review of his case, constitutes degrading treatment within the meaning of Article 3 of the ECHR.READ MORE
Sentence aggravated in appeal for Mr. Radovan Karadžić by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals
On 20 March 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals delivered its judgement on the appeals filed by Mr. Radovan Karadžić and the Prosecution against the judgement rendered on 24 March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia.
Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant
By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.
Patrice-Edouard Ngaïssona transferred to ICC for alleged crimes against humanity and war crimes
Patrice-Edouard Ngaïssona transferred to the ICC on 23/1/2019, for alleged war crimes and crimes against humanity, following the issuance of an ICC arrest warrant on 7/12/2018 and his arrest in France on 12/12/2018 Mr Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for war crimes and crimes against humanity committed in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014.
Acquittal of Laurent Gbagbo and Charles Blé Goudé from all charges by ICC Trial Chamber I
On 15 January 2019, Trial Chamber I of the ICC, by majority, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d’Ivoire in 2010 and 2011. As a consequence, the Chamber ordered their release.