Justice Hub . ICLMR Friday Review 2
Weekly IJ News Review
22 April 2016
By: ICL Media Review
In this week’s review, news about ICC requests for transfer of 3 Kenyans for contempt; Kenya and the Rome Statute, ECCC testimony in Case 002, Mladic Defence expert witness, ICC’s Nigeria Preliminary Examination and more.
ICC Premanent Premises, The Hague.
ICC requests extradition of three accused of witness tampering; Kenyan Government set to refuse transfer 
The ICC has requested the extradition of three Kenyans accused of witness tampering in the case that was recently terminated against Ruto and Sang. The ICC had previously issued arrest warrants for former journalist Walter Barasa in 2013, lawyer Paul Gicheru and Philip Bett in October 2015.  The Kenyan Government in Nairobi said it will not transfer three people who are wanted by the ICC for contempt charges. Kenya’s Attorney General, Githu Muigai, state that the Government is requesting that the ICC transfer the files of the three men to Kenyan authorities so they can be prosecuted domestically. Muigai insisted that Kenya’s legal system was competent to try the men and that they expected the court to be set up “in a very few weeks.” Kenyan President Uhuru Kenyatta also stated that “I will not allow any other Kenyan to be tried in a foreign court. As a county, we have closed the ICC chapter.” (The Financial Times)
President Uhuru Kenyatta
Kenyatta lobbies government for ICC withdrawal
Three days after Kenya’s President Uhuru Kenyatta vowed that no other “Kenyan would go to the ICC” and that he would fast-track the process of withdrawal from the International Criminal Court, the president has formally asked MPs to approve laws which would withdraw Kenya’s membership to the Rome Statute. Kenyatta’s motion to withdraw Kenya from the Rome Statute was not welcomed by Senator and ex-Minister for Foreign Affairs Moses Wetang’ulu, who stated that “Kenya must remain in the Rome Statute to check the actions of some leaders.” (International Business Times)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
ECCC hears testimony of Tuol Sleng / S-21 survivors
The ECCC heard testimony from two witnesses in Case 002 against Khieu Samphan and Nuon Chea who testified concerning Tuol Sleng; also known as S-21 prison.  On Tuesday 19 April, the Prosecution called Chum Mey, one of only two remaining survivors of the few that escaped Tuol Sleng, and a former witness in Case 001 against Kaing Guek Eav also known as Duch, about his time in the prison. Mey testified that he was questioned about ties to the “CIA” and “KGB” and that after 12 days of torture, including being beaten with a stick, having two toenails extracted, having a finger broken, and being electrocuted twice, to the point of losing consciousness, he signed a document, purporting that he belonged to both agencies. Mey testified that although he once caught a glimpse of Khieu Samphan, he “did not dare to talk to him, I did not even dare to approach him.” Mey also testified in the court’s Case 001 against S-21 prison director Kaing Guek Eav also known as Duch. After the conclusion of testimony yesterday by Mr. Chum Mey, the ECCC continued to hear testimony about Tuol Sleng prison from witness Mr. Nhem En. Mr. En, a photographer at S-21, testified about the responsibilities given in prison, stating “[w]e had no choice but to do what was assigned to us”. En also stated that “I knew many of the interrogators and the murderers…Many of them, later on, were also killed.” Defence lawyer for Nuon Chea, Mr. Victor Koppe questioned the witnesses’ credibility. The Defence also sought to admit a book written by Mr. En, which the court allowed. (Phnom Penh Post, Phnom Penh Post, Cambodia Tribunal Monitor)
Ratko Mladic
Mladic Defence witness questions veracity of Tomasica evidence
Defence witness and pathologist Zoran Stankovic testified before the ICTY on 19 April and questioned the evaluations carried out on the bodies exhumed from the mass grave in a mine in Tomasica. Stankovic stated that he had seen ten discrepancies in the findings of reports prepared by pathologists in Bosnia and Herzegovina and the findings by Prosecution pathologist John Clark. Stankovic stated that a large number of victims were shot in the head or chest, which could indicate they were in a firefight. He continued that the victims who were shot in the neck or back could indicate an execution, or could be evidence that they were killed in “a combat environment”. (Balkan Insight)
Nigeria pledges support to ICC delegation for probe into crimes by Nigerian army and Boko Haram
As part of a preliminary examination into the situation in Nigeria, a delegation from the ICC’s Office of the Prosecutor was received by the Nigerian government on 13 April 2016. The ICC OTP is conducting a preliminary probe into alleged crimes committed by both the Nigerian military – which has been accused of illegal killings and incarcerations by human rights watchdogs including Amnesty International – and Boko Haram, the armed group thought to be responsible for approximately 20,000 deaths in Nigeria since 2009. Nigerian Minister of Justice Abubakar Malami has pledged support for the ICC process; emphasising to the OTP delegation that Nigeria values its relationship with the ICC, and underscoring the government’s commitment to investigating and punishing alleged crimes. The leader of the OTP delegation, Phakiso Choko, in turn expressed support and willingness to work with Nigeria to identify potential crimes. (Premium Times Nigeria)
ICTR Arusha
Rwanda expresses concern over genocide cases transferred to France by ICTR
Rwanda has expressed its concern over the two genocide cases – against Wincelas Munyeshyaka and Laurent Bucyibaruta – which were transferred by the International Criminal Tribunal for Rwanda to France in 2007.  Rwanda stated that the cases that were transferred by the Tribunal to France have been tried with less effort, and have been slow.   Rwanda’s Minister of Justice, Johnston Busingye, expressed the need to monitor France in order to have quality trials, removing the doubt of double standards. Busingye also indicated the need for Rwanda to have the ICTR archives transferred to the government of Rwanda, adding that those archives contain government documents and records that were tendered as evidence at the ICTR before the Tribunal was shut down and the Residual Mechanism for the International Criminal Tribunal for Rwanda (UNMICT) was created. Wincelas Munyeshyaka and Laurent Bucyibaruta were transferred to France in November 2007. Munyeshyaka’s case was dismissed in August 2015 while Bucyibaruta’s has yet to move beyond preliminary investigations. (allAfrica)
UN hears proposal for international children’s court
Former British Prime Minister Gordon Brown told the UN on 18 April that an international court should be set up to punish those responsible for child labour and other forms of abuse against children. Brown stated that a court to investigate cases of child labour, child slavery and child marriage is urgently needed with the current refugee crisis. He said that “We need, in a sense, a civil rights struggle by and on behalf of children because their rights have been neglected in the international community.” The proposal was among several recommendations that Brown made as head of the Global Citizenship Commission. (Reuters Africa)
Liberian man accused of war crimes arrested in the US
On 13 April US officials indicted 49-year-old Liberian national and Pennsylvania resident Mohammed Jabbateh for failing to disclose crimes he allegedly committed in Liberia during the 1990s. Jabbateh faces four counts of immigration fraud and perjury, as US Attorney Zane Memeger states that he concealed his identity as an officer of the United Liberation Movement for Democracy in Liberia when he applied for asylum in the USA between 1998-1999. Memeger alleges that Jabbateh – in his role as rebel commander “Jungle Jabbah” – committed or ordered others to commit war crimes including the murder of civilians, torture, public rape, enslavement, and conscription of child soldiers. Jabbateh does not face deportation if convicted, though could face a maximum 30-year prison sentence in the USA. It is not known how US authorities learned of his suspected role as a member of the Liberian armed group. (Jurist, Reuters, ABC News)