Tag Archives: ICC

13 February 2014

SHARES Lecture: ‘Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan’, by Sarah Nouwen

On 13 February 2014, Dr. Sarah Nouwen will give a lecture entitled: ‘Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan’ on the occasion of the publication of her new book Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (Cambridge University Press, 2013).

Dr. Sarah Nouwen is a university lecturer in law at the University of Cambridge and fellow of the Lauterpacht Centre for International Law and of Pembroke College. Her book, Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (part of Cambridge Studies in Law and Society) explores whether, how and why the complementarity principle in the Rome Statute of the International Criminal Court has had a catalysing effect on the legal systems of Uganda and Sudan. She spent many months in both countries, interviewing officials, observing proceedings and searching documents to discover whether domestic legal reforms have taken place in response to the Court’s involvement.  (more…)

28 October 2013

The Legal Limbo Continues: Update on the Detained Witnesses at the ICC

ICC, © http://www.denhaag.nl/

ICC, © http://www.denhaag.nl/

In October 2012 and January of this year the SHARES blog posted about the situation of Congolese witnesses detained at the International Criminal Court (ICC) in The Hague. Their detention continues, and while the resolution of their legal status is one step closer, it is also as illusive as ever, due to a decision of the Amsterdam District Court.

A detailed background to the situation can be found here, but can be briefly summarised as follows. Four individuals, detained in the Democratic Republic of the Congo (DRC) on charges relating to the on going armed conflict in the country, were transferred to the ICC detention unit in May 2011 in order to give evidence as witnesses. (more…)

15 October 2013

No Asylum for ICC Witnesses, but no return to the DRC either

The District Court of Amsterdam held yesterday, on 14 October 2013, that three witnesses detained at the International Criminal Court since May 2011 are not eligible for asylum in the Netherlands. They are suspected of involvement in crimes against humanity in the Democratic Republic of Congo (DRC), and as such can be excluded from asylum under Article 1F of the Refugee Convention. Despite this, the Court held that the witnesses could not be returned to the DRC as there is a real risk that they will be detained, subjected to an unfair trial, and possibly given the death penalty. As such, the Court held that to return the witnesses would be contrary to the European Convention of Human Rights, in particular Article 6.

Source: De Rechtspraak | Court forbids deportation of Congolese witnesses

26 September 2013

LGBT Rights in Uganda: a case study of Shared Responsibility?

Discrimination against homosexuals and lack of recognition of LGBT rights in Africa has been a pressing concern for a number of human rights organizations in recent years. The situation in Uganda has received particular attention, following the passage of anti-gay legislation in 2009 and the practice of some local newspapers to “out” certain homosexuals, accompanied by calls for their execution. While this is an obvious human rights issue, some recent initiatives are bringing the question in the realm of international criminal law, which bring to the fore interesting questions in relation to shared responsibility. (more…)

3 April 2013

The Surrender of Ntaganda to the ICC: A Story of Shared Responsibility Success

While many have speculated as to why Ntaganda decided, after so many years, to hand himself in, what is interesting from the perspective of shared responsibility under international law is the ease with which he was transferred to the International Criminal Court (ICC). The situation was fraught with potential legal complications, given that it involved multiple international actors with the potential power to prevent the transfer. Despite this, Ntaganda was seamlessly handed over to the ICC within 5 days.

UntitledBosco Ntaganda is a suspected warlord and key figure in the conflict in the eastern Democratic Republic of Congo (DRC). The ICC has issued two arrest warrants against him, one in 2006 and the other in 2012, for international crimes including rape, murder and the recruitment of child soldiers. The arrest warrants concern crimes committed in 2002-2003, however he has continued to be active in the region. More recently Ntanganda is thought to have headed the M23 rebel group, which took the DRC city of Goma last November. (more…)

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