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Courting History - The landmark ICC''s first years by Human Rights Watch The International Criminal Court (ICC) has made notable progress in bringing justice for the worst crimes despite mistakes in policy and practice, Human Rights Watch said in a report released today that assesses the court’s first five years. Human Rights Watch urged greater international support of the ICC to meet the political and financial challenges ahead. The 244-page report, “Courting History: The Landmark International Criminal Court’s First Years,” examines the ICC’s accomplishments and shortcomings since it began operations in 2003. The court was created to bring justice to the victims of gross human rights violations; so far the court has issued arrest warrants against suspects in four countries, though none have yet been tried. “The International Criminal Court has made real headway in bringing justice to the victims of horrible abuses in the face of daunting obstacles,” said Richard Dicker, International Justice Programme director at Human Rights Watch. “But the court should tackle real shortcomings so that its work resonates in the communities most affected by major international crimes.” In addition to progress in investigations, Human Rights Watch identified the court’s viable witness protection programs and efforts to provide meaningful support to defendants and to implement a complicated system of victims’ participation in proceedings as illustrations of the court’s achievements to date. Human Rights Watch also found that in establishing an unprecedented judicial institution, ICC officials have made mistakes. Recently, the trial chamber suspended the trial of Thomas Lubanga, a Congolese warlord accused of enlisting, recruiting, and using children as soldiers, because of the prosecutor’s inability to turn over potentially exculpatory information to the court. Other shortcomings include the court’s slowly evolving approach to outreach and certain problematic investigative policies of the prosecutor. The report makes recommendations to address these and other concerns. Human Rights Watch’s field work with members of affected communities in the Democratic Republic of Congo, northern Uganda, and eastern Chad revealed many issues and perceptions about the ICC’s work among these communities. In some instances, such as in Congo, there is legitimate criticism of the prosecutor’s strategy for selecting cases. “Moving forward, we look to court officials to learn from their slow start and to improve their interaction and engagement with communities most affected by the crimes in the court’s jurisdiction,” said Dicker. “These are, after all, the communities that the ICC was created to serve.” July 17, 2008 marks the 10-year anniversary of the Rome Statute establishing the International Criminal Court in The Hague. Human Rights Watch emphasised that the international community should provide the ICC with the diplomatic support it needs, including enforcing its arrest warrants. The group also emphasised the need for States parties to continue to provide the court with the necessary financial support. “Ten years ago, 120 States made a pledge that victims of the worst atrocities could find justice at the world’s first-ever permanent criminal court,” said Dicker. “It is now up to the court’s States Parties and to the UN to throw their weight behind the court so that it can meet the challenges ahead.” Background The ICC prosecutor has opened investigations in the Democratic Republic of Congo, northern Uganda, the Darfur region of Sudan, and the Central African Republic. Based on those investigations, 12 arrest warrants have been issued. To date, four of these defendants are in ICC custody in The Hague, including Jean-Pierre Bemba, former vice-president of the Congo, in relation to alleged crimes committed in the Central African Republic. The ICC’s trial against Thomas Lubanga – the first trial in the court’s history – was scheduled to begin in June 2008 but has been suspended indefinitely because of the prosecution’s inability to disclose exculpatory information to the court and because of the trial chamber’s concerns that he would not receive a fair trial as a result. Visit the related web page |
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100,000 sign petition to save journalist held in Afghanistan by The Independent Apr 29, 2008 The petition to save the Afghan student Sayed Pervez Kambaksh from the gallows has collected a staggering 100,000 signatures as the 23-year-old languishes in a cell in Kabul awaiting appeal. Mr Kambaksh was arrested for distributing a pamphlet about women"s rights, and tried and convicted without a defence lawyer, in a closed court in Mazar-i-Sharif in northern Afghanistan. His case led to international protests, led by the UN human rights chief, Louise Arbour. Last night, Mr Kambaksh"s brother, Sayed Yaqub Ibrahimi, thanked The Independent"s army of readers around the world. "If it wasn"t for the petition we would be alone. There are a lot of pressures inside Afghanistan from the fundamentalists. They are trying to execute my brother," he said. "Fortunately, against them, there is pressure from the international community, and The Independent petition. I really believe it will help us." Mr Kambaksh was recently moved to Kabul"s notorious Pol-i Charki prison, where last year guards dragged 15 men out of their cells, without warning, and executed them. The prison holds Afghanistan"s worst criminals, but Mr Kambaksh was moved there at his own request, after fears about his safety in Mazar. Originally he was in a cell with convicted murderers who attacked him, he is currently being held in isolation. "Everything is going very slowly," said Mr Ibrahimi. "We are both looking forward to the time of the appeal, but the judiciary hasn"t given us an exact time. Everything is done, but my brother is still in prison." The students from Balkh University"s Sharia faculty, in Mazar, have also circulated a blacklist of other journalists they accused of blasphemy, forcing friends of Mr Kambaksh to flee. Fears over his fate have remained high, after the Supreme Court approved 100 death sentences, which are simply awaiting the President"s signature. A moratorium on capital punishment ended last year when President Karzai ordered a mass execution. The campaign to save the Afghan student Sayed Pervez Kambaksh has attracted 100,000 signatures. You can still add your voice to the campaign to save him. Sign our e-petition at www.independent.co.uk/pervez |
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