Cluster Munitions

Here is the text of the treaty on cluster munitions, to be signed in Dublin this morning: http://www.clustermunitionsdublin.ie/pdf/ENGLISHfinaltext.pdf. All of the documents are available at: http://www.clustermunitionsdublin.ie/documents.asp.

Immigrants in Ireland

'Getting On -From Migration to Integration' (http://www.immigrantcouncil.ie/images/5115_gettingon.pdf) is a new publication from the Immigrant Council of Ireland that studies the integration experiences of four groups in Ireland – the Chinese, Indian, Lithuanian and Nigerian. Denise Charlton of the ICI said the research looked at four key indicators of integration: political integration; economic integration; social integration and cultural integration. 'Some of the findings confirm the stance taken by the ICI on issues such as the need for clear and transparent rules relating to migrants’ rights to family reunification, including visits to Ireland by migrants’ family members', Ms Charlton said.
'In relation to immigration status and uncertainty about the future, we believe clearer pathways to security of status, more information and a more efficient and transparent immigration system would help in this area.' Ms Charlton said, in relation to the research’s findings about migrants’ experiences of racism and discrimination, the ICI has called on the Government to act on its promise to review the Prohibition of Incitement to Hatred Act 1989 without delay.

International Criminal Law Job in Amsterdam

The Faculty of Law at the Free University of Amsterdam is looking for an Assistant Professor in Criminology (Vacancy number 1.2008.00167, www.vu.nl/vacatures). This is an unusual position because the job seems targeted at servicing a new master profile International Crimes and Criminology. According to the announcement, the programme will take an interdisciplinary approach to international crimes such as war crimes, crimes against humanity, genocide and other gross human rights violations. The aim of the programme is to measure and map the prevalence of international crimes; to define and conceptualize them, to map the consequences and estimate the costs; to examine the causes and analyze ways to effectively prevent, stop and react to this type of criminality. The master programme is closely interlinked with the research program on international crimes and criminology which has recently been launched.

PhD Comics

A PhD student at the European University Institute has sent me this link to PhD comics, with the advice that it is 'scaringly accurate on doctoral life': http://www.phdcomics.com/.
Thanks to Dov Jacobs.

ICTR Trial Chamber Rejects Transfer to Rwanda

A Trial Chamber of the International Criminal Tribunal for Rwanda has rejected a prosecution application to transfer a case to the national courts of Rwanda: http://www.mediafire.com/?szgcwgxuu2d. The judges cite a number of factors: although Rwandan law has abolished the death penalty, it leaves open the possibility of life imprisonment in solitary confinement, which would be unacceptable; trials in Rwanda are to take place before a single judge, which the ICTR Trial Chamber says does not provide sufficient guarantees of independence and impartiality; the Rwandan government has a history of trying to influence judges improperly, as can be seen in its difficult relationship with the International Criminal Tribunal for Rwanda, and its criticism of French and Spanish judges who have attempted to exercise jurisdiction over crimes committed in Rwanda; Rwanda has an inadequate witness protection programme. In their concluding remarks, the Trial Chamber says that it acknowledges improvements in Rwanda's justice system, and that if this continues it will be prepared to transfer cases in the future.
The decision is a new element in the debate about the relationship between national courts and international jurisdictions. The International Criminal Court is said to be 'complementary' to national jurisdictions, and to operate only when they are 'unwilling or unable' to provide adequate justice. Here we have a case of an international tribunal deciding that a national system is not 'able', the first such decision that I know of.
Some of the international NGOs have opposed transfer of cases to Rwanda, as they have opposed extradition of suspects to Rwanda by other countries. A big impunity gap is opening up. The International Criminal Tribunal for Rwanda is about to close its doors. The Security Council does not want the Tribunal to start any more trials. This is why the Prosecutor is applying to transfer cases to the national jurisdictions.
Few countries have the legal wherewithal to try crimes committed in Rwanda, under universal jurisdiction, and even fewer have the political will to do so. Rwanda is virtually the only country that wants to prosecute those suspected of genocide, which is understandable enough. Yet if the International Tribunal refuses to transfer cases to Rwanda, and if national judges follow suit by denying extradition to Rwanda, how will the suspects be brought to justice and where will they be tried? I wish these NGOs could provide us with workable, and not just theoretical, answers to this question.
Africa Rights and REDRESS are holding a conference on these questions in Brussels on 1 July, at which I will be one of the participants.

Just War Not a Mitigating Factor, Says Special Court for Sierra Leone

The Appeals Chamber of the Special Court for Sierra Leone has ruled that fighting for a just cause is not a mitigating factor in sentencing for war crimes and crimes against humanity. In the so-called CDF case, involving pro-government militias, a majority of the Trial Chamber had considered the fact that the two accused were fighting to defend a democratically elected government in imposing relatively light sentences, of six and eight years imprisonment. This compared dramatically with terms of 45 and 50 years that were handed out to the anti-government rebels. These are the highest fixed term custodial sentences ever imposed by an international criminal tribual. The Trial Chamber judge who had been appointed by the Government of Sierra Leone actually voted to acquit, saying fighting a just war was actually a full defense.
Yesterday's ruling by the Appeals Chamber is a healthy clarification. Although some of the convictions were reversed, the sentences were increased to 15 and 20 years. The full judgment doesn't seem to be available yet, so this comment is based upon a press release from the Court: http://www.sc-sl.org/Press/pressrelease-052808.pdf.

Actually, in Custody, but not in The Hague

My last post erroneously said Bemba was in The Hague. He isn't there yet, however. He apparently will appear before a court in Brussels this afternoon, and his lawyer says he will ask that he be released with an undertaking to remain in Belgium and to be available to the Court. I can't see how that would work, because he needs to be brought to The Hague to appear in order for the proceedings to go ahead. It will be for the International Criminal Court in The Hague to rule on whether he should be released during the proceedings.
But the hearing in Belgium will be interesting because it seems it is the first case of an accused contesting his transfer to the International Criminal Court. In the other cases, involving rebel leaders in the Democratic Republic of the Congo, the accused have been rather acquiescent. They seem to prefer being taken to The Hague than being held in jail in Congo. I wonder why...

Bemba in Custody in The Hague

Jean-Pierre Bemba becomes the 12th person to be charged by the International Criminal Court. See: http://www.icc-cpi.int/press/pressreleases/370.html. Bemba was arrested in Belgium on Saturday for war crimes and crimes against humanity committed in the Central African Republic. This is the first arrest warrant for the 'situation in Central AFrican Republic'.
The Central African Republic, which is a State Party to the Rome Statute, referred the situation on its territory to the Court on 21 December 2004. It was the third such 'self-referral', a creative way of triggering the jurisdiction of the Court which was developed by the Prosecutor. Only in May 2007, nearly two and a half years after the referral, did the Prosecutor announce a decision to 'initiate an investigation' into the situation.
Last weekend, I attended a conference at which Deputy Prosecutor Bensouda said that other possible situations are being studied with a view to launching proceedings: Afghanistan (!), Colombia and Côte d'Ivoire.
Thanks to Nadia Bernaz.

Ugandan Court Being Set Up to Try Atrocities in Place of the International Criminal Court

The latest development in the saga of the International Criminal Court in northern Uganda is reported yesterday, by Reuters. It says Uganda has appointed judges to preside over a special war crimes tribunal to try leaders of the rebel Lord's Resistance Army. In 2005, the International Criminal Court issued its first arrest warrants, directed against five of the rebel leaders. Probably only two of them are still alive.
It is widely acknowleged that the arrest warrants pushed the rebels to the negotiating tables, and helped promote peace in Northern Uganda. However, the rebels wanted the arrest warrants lifted as part of a peace deal, something that the International Criminal Court has resisted. The special tribunal was agreed to in peace talks, although the agreement has not yet been signed.
We have come up with ... the people who will be behind this special court, which will be mandated to handle serious crimes and human rights abuses that amount to war crimes," Principal Judge James Ogoola told Reuters."We still have a lot of work to do. We have to come up with a special law which has to be enacted by government to make sure that these prosecutions suit international standards," said Ogoola, who will head the three-judge tribunal. Reuters says that alhough the Ugandan constitution allows for a death penalty, Ogoola said the proposed law would exclude the sentence to suit international standards.

Special Rapporteur Paul Hunt on Drug Policy

The UN Special Rapporteur on the right to the highest attainable standard of health spoke at the 19th international harm reduction conference last week. For a video of the speech: http://www.ihrablog.net/2008/05/professor-paul-hunt-un-special.html. Professor Hunt spelled out the many human rights violations connected with drug policy, stating that the 'litany of abuse is long'. He referred to the lack of regard for human rights in the international drug control system not only as bizarre, given General Assembly directives, but also, as 'inexcusable'.
Thanks to Rick Lines.