The “Terminator,” War Crimes, and the Obama Administration: All Roads Lead to Rome

DJ-Fugitives-Infographic BOSCO

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As news breaks about the surrender of the “Terminator,” Bosco Ntaganda, to the United States embassy in Kigali today, the US State Department was quick to note that it “strongly support[s] the ICC and their investigations on the atrocities committed in the DRC.” Further, Ambassador Stephen Rapp, head of the Office of Global Criminal Justice, tweeted “Bosco #Ntaganda surrenders in #Rwanda and asks to the taken to the #ICC. We are helping to facilitate his transfer.”

This development, and the U.S. administration’s quick signaling of its intent to adhere to obligations to transfer Ntaganda to the court to answer charges of war crimes and crimes against humanity is welcome, and encouraging. Thus, I will not start with the call that “the US should take all steps to ensure the speedy transfer of Ntaganda to The Hague.”


South Africa Gets Universal on Zimbabwe

Robert Mugabe

Zimbabwe President Robert Mugabe speaks next to first lady Grace Mugabe. (Photo credit: JEKESAI NJIKIZANA/AFP/Getty Images)

In the wake of contested presidential and parliamentary elections in 2008, Zimbabwe experienced high levels of political violence. Amnesty International documented deaths, disappearances, torture, and arrests of civilians, political opposition members and civil society. Citizens were rounded up and taken to “re-education camps,” which were mostly school buildings in rural areas, where they were forced to pledge allegiance and sing songs in support of President Robert Mugabe’s political party, ZANU-PF. Women were also brutally raped, often by multiple perpetrators.

Zimbabwe has not signed the Rome Statute, so they are not subject to the jurisdiction of the International Criminal Court unless referred by the UN Security Council. However, South Africa has signed the Rome Statute and in doing so, made a commitment to pursuing international justice. A South African court previously held that the country has a requirement under this commitment to investigate, arrest and prosecute perpetrators of torture in Zimbabwe who cross the border into South Africa-but prosecutors declined to do so and the government appealed that decision.


3 Things You Should Know about Mali and the International Criminal Court

The ICC has announced it will open an investigation into crimes under international law committed in the year-long Mali conflict.© ISSOUF SANOGO/AFP/GettyImages

The ICC has announced it will open an investigation into crimes under international law committed in the year-long Mali conflict.© ISSOUF SANOGO/AFP/GettyImages

Mali is currently facing its most serious humanitarian and human rights crisis since its independence in 1960, with myriad rights abuses rampant, amounting to what may become charges of war crimes and/or crimes against humanity. Cue the International Criminal Court (ICC).

“The legal requirements have been met, we will investigate.”-ICC Chief Prosecutor Fatou Bensouda


Chad Disregards Its Obligation to Arrest Al Bashir

Chad’s government seems to have misplaced its copy of the Rome Statute, the founding document of the International Criminal Court (ICC). Sudanese President Omar Al Bashir, who was recently charged with the crime of genocide by the ICC, just spent the last two days in Chad, without the Chadian government lifting a finger to respect its obligations under the Rome Statute.

Chad ratified the Rome Statute in November 2006 – which means they have an obligation to arrest and surrender to the Court individuals like Al Bashir who have had warrants issued for their arrest by the ICC. But Chad’s government went as far as stating that, no, they did not have an obligation to arrest Al Bashir.

Presumably, Al Bashir was in Chad to discuss the agreement Sudan and Chad signed in January 2010 to normalize their relations while armed insurgencies continue to devastate eastern Chad and western Sudan. Chadian President Idriss Déby had gone to Khartoum in February to meet with Al Bashir, and several weeks later the two governments started to deploy a jointly-commanded military force along the border. But as we noted in our most recent report on Chad, fighting continues to erupt between the Chadian National Army and armed opposition groups. The situation across the border in Darfur remains extremely volatile, especially with the arrival of more than 1,000 new refugees in Chad in May 2010.

Between this refusal to arrest Al Bashir while he was in Chad and the government’s insistence that the UN peacekeeping mission in eastern Chad, MINURCAT, withdraw before the end of the year, human rights are being threatened.


ICC Review Conference: Governments Should Commit to Justice

As you may have noticed, we released our Annual Report today. As always, both state and non-state actors are doing a great job at abusing human rights. But what’s becoming clearer and clearer is that governments are evading their responsibility to ensure justice and accountability for the victims of human rights abuses. This year’s Annual Report highlights this trend: the increasing tendency of governments to block advances in international justice by shielding allies from criticism and acting only when it’s politically convenient.

The need for effective global justice is a key lesson from the past year. Justice provides fairness and truth to those who suffer violations, deters human rights abuses, and ultimately delivers a more stable and secure world – Claudio Cordone, interim Secretary General of Amnesty International

But there’s still hope. On Sunday, State Parties to the International Criminal Court (ICC) will gather in Kampala, Uganda, for the Review Conference of the Rome Statute of the ICC. From May 31st to June 11th, states will have an opportunity to reaffirm their commitment to ending impunity for crimes against humanity, war crimes and genocide.

This is a fundamental break with history. The old era of impunity is over. In its place, slowly but surely, we are witnessing the birth of a new “age of accountability.” It began with the special tribunals set up in Rwanda and the former Yugoslavia; today, the ICC is the keystone of a growing system of global justice that includes international tribunals, mixed international-national courts and domestic prosecutions – UN Secretary General Ban Ki-moon

There are three proposed amendment to the Rome Statute that will be considered by State Parties during the Review Conference: the deletion of Article 124, which allows states to exempt themselves from the Court’s jurisdiction for the first seven years after their ratification of the Rome Statute; the addition of the crime of aggression to the Court’s jurisdiction; and the amendment of Article 8 to classify the use of certain weapons, such as poison or poisoned weapons, asphyxiating gases and bullets that expand or flatten easily in the human body, as war crimes in non-international conflicts. SEE THE REST OF THIS POST