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	International Criminal Justice Day by Paul Seils International Center for Transitional Justice   Some years ago I sat in a courtroom in the central highlands of Guatemala, a member of a legal team representing victims of a massacre committed by the Guatemalan Army and paramilitaries in March 1982. Over 170 women and children were killed in the attack. Very few men perished because most had been killed in a massacre one month before.   I sat beside one of the survivors, who had been a child at the time. His father was killed in the first massacre, his mother and sisters in the second. Several paramilitaries had decided to abduct some of the surviving children, including him and his two-year-old brother, and take them to their homes. Unfortunately along the way, the younger boy could not keep up. His head was smashed against a rock in front of his brother"s eyes. His entire family had been wiped out in one month, in the most brutal ways. After three former paramilitaries on trial were convicted and the judges delivered their sentence, he turned to me and said, "They are peasants, just like me, but I suppose the law is the law." It was said with deep compassion.   Today is International Criminal Justice Day. It serves in part to commemorate the establishment of the International Criminal Court (ICC) but more importantly the renewed commitment of states around the world to respond to the kinds of atrocities suffered in the village of Rio Negro, Guatemala, in 1982. In one sense, justice is hardly any kind of answer to the depth of evil and cruelty suffered by the victims.   It does not give back the crushed bodies of toddlers or the truncated hope of life. The struggle goes on for survivors, who are deprived of love and family breadwinners. And yet there is a profound wisdom in the simple phrase, "The law is the law."   What is the law"s value? Some would say it lies in deterrence. This is a comforting thought but questionable in many ways. Fritz Bauer, the prosecutor who played a crucial role in the Frankfurt Auschwitz trials of 1963-1965, offered a more thoughtful view. When asked what was the point of prosecuting Auschwitz officials he said it was vital that everyone knew that it meant something to be protected by the German constitution, that the dignity of being valued by that law meant something real. I have come to think that this is close to what motivated my friend in Guatemala: However minimal, the conviction was a vindication of the dignity of his lost loved ones, of their violated rights.   We know that many countries are not in shape, or seem unwilling to get into shape, to carry out complex trials in fragile situations. International institutions like the ICC provide one answer for states under its jurisdiction, but the ICC is a court of last resort and will deal with only a few cases in the countries where it operates. It is an important backstop, but the front line of justice must always be national courts and justice systems.   Victims, survivors and society as a whole must feel that their national systems and constitutions are worth something -- that the rights they espouse are real, not illusory. The challenge remains in making justice a reality for more victims in these fragile circumstances.   International action can help. It can insist on the message that those most responsible for serious violations, of any nationality, cannot expect to escape accountability. It can also become ever smarter in targeting the right kinds of technical assistance to national authorities, to ensure that there can be no legitimate excuses about lacking the means to pursue justice.   Experience shows focusing assistance on specialized national capacities is the best way forward. They must be able to do five things.   First, map out the most serious violations and develop credible criteria for identifying those most responsible for violations; second, develop effective outreach and communication with survivors and society to establish a relationship of transparency and good faith about the choices to be made and progress on investigations; third, carry out honest and effective investigations capable of proving the responsibility of those behind systems of atrocities, which requires specialized training because the kinds of investigations necessary are alien to most of the world´s prosecutors and police officers; fourth, ensure that witnesses and officials have appropriate protection before, during, and after proceedings; and finally, ensure that judges are trained to understand the legal issues and handle the pressures that can arise in the febrile atmosphere of atrocity trials.   We know that helping to build the specialized capacity of investigators, prosecutors, judges and defense teams to handle serious crimes is possible and cost effective. Some progress has been made over the years, with interesting, if not perfect, results in Bosnia, Colombia, Ethiopia and Guatemala, to name a few. The skills gained can be transferred to help national justice institutions develop in due course.   By insisting on specialized national capacities, international actors can shine a brighter light on the progress being made (or not made) to pursue accountability and can better identify and answer the help that is needed. Trusting that a general improvement in justice institutions will lead to effective investigations -- "a rising tide lifts all boats" -- is well-meaning but misguided. It more often translates into an excuse for inaction. Specialized capacities, built on targeted training and provision of resources, is the best way to make national systems deliver on justice for massive violations.   Citizens must see social institutions at work in their home countries, as it is there that courts can repudiate wrongdoing and reaffirm the most fundamental elements of the contract that binds a society together. It is there that having the dignity of a citizen can have its fullest meaning. From the peasant to the president, all citizens should know and understand what it means to say, "The law is the law."   http://www.ictj.org/news http://www.ictj.org/news/making-justice-reality-where-it-counts   25 July 2014   ICC Prosecutor urges halt to fighting in Libya   The Prosecutor of the International Criminal Court said today she is “deeply troubled” by the escalating violence in Libya, and called on all parties to refrain from committing criminal acts that may fall within the jurisdiction of the Court.   The situation in Libya since 15 February 2011 is one of seven currently under investigation by the ICC, which is based in The Hague. The country’s recent turmoil is reportedly some of the worst fighting since the 2011 uprising that ousted former leader Muammar al-Qadhafi and the North African nation embarked on its democratic transition.   “Recent reports of alleged attacks carried out against the civilian population and civilian objects in Tripoli and Benghazi are a cause for great concern. Such deplorable acts of violence must immediately cease,” Prosecutor Fatou Bensouda said in a statement.   “We will not hesitate to investigate and prosecute those who commit crimes under the Court’s jurisdiction in Libya irrespective of their official status or affiliation,” she added.   Ms. Bensouda called on all parties involved in the conflict to refrain from targeting civilians or civilian objects, or committing any criminal act that may fall within the jurisdiction of the ICC.   Further, she urged all parties to the conflict to be vigilant and to take all necessary measures to prevent the commission of such crimes.   Also under investigation by the ICC are the situations in the Democratic Republic of the Congo, northern Uganda, the Darfur region of Sudan, the Central African Republic, Kenya, and Côte d’Ivoire. Visit the related web page
	Full and transparent international investigation needed into shooting down of commercial airliner by UN News, agencies   21 July 2014   The United Nations Security Council today called for an international investigation into last week’s downing of a Malaysia Airlines passenger flight in eastern Ukraine, and demanded that armed groups allow unfettered access to the crash site and ensure that its integrity is maintained.   In a unanimously adopted resolution, the 15-member body condemned “in the strongest terms” the downing of flight MH17 on 17 July in Donetsk Oblast, Ukraine, which resulted in the tragic loss of 298 lives.   It supported efforts to establish “a full, thorough and independent international investigation” into the incident in accordance with international civil aviation guidelines.   Council members also insisted on the “dignified, respectful and professional” treatment and recovery of the bodies of the victims.   Further, the Council demanded that the armed groups in control of the crash site and the surrounding area “refrain from any actions that may compromise the integrity of the crash site, including by refraining from destroying, moving or disturbing wreckage, equipment, debris, personal belongings, or remains, and immediately provide safe, secure, full and unrestricted access to the site…”   It also demanded that all military activities, including by armed groups, be immediately ceased in the immediate area surrounding the crash site to allow for security and safety of the international investigation.   The Council also demanded that those responsible for this incident to be held to account and that all States cooperate fully with efforts to establish accountability.   Last week Under-Secretary-General for Political Affairs Jeffrey Feltman told the Council that while the UN had no independent verification of the circumstances regarding the crash, Secretary-General Ban Ki-moon was alarmed at “credible, numerous reports” suggesting that a sophisticated surface-to-air missile was used.   The apparent deliberate downing of the flight over eastern Ukraine, he added, highlighted the need for an urgent resumption of a ceasefire and a serious effort to end the ongoing crisis in that country.   “This horrifying incident serves as the starkest reminder of how dire the situation in eastern Ukraine has become – and how it affects countries and families well beyond Ukraine’s borders,” he said in a briefing to the Council.   18 July, 2014   Malaysia Airlines flight MH17 was shot down over eastern Ukraine overnight, killing all 298 people on board.   Flight MH17 was en route from Amsterdam to Kuala Lumpur when it came down in rebel-held territory near Ukraine"s border with Russia.   Unconfirmed reports say the plane was shot down by a ground-to-air missile.   Professor Marko Pavlyshyn is an expert in Ukraine studies at Monash University. He believes the Malaysia Airlines plane was the victim of mistaken identity.   "I think this has been an attempt to bring down a Ukrainian military plane that has gone terribly wrong," he said.   "Separatist militia in eastern Ukraine have a sophisticated surface-to-air missile system - they bragged about."   United Nations Secretary-General Ban Ki-moon expressed his condolences following today’s crash of a Malaysia Airlines plane in Ukraine, and called for a full investigation into the disaster.   “I am closely monitoring the reports, along with the International Civil Aviation Organization, a United Nations agency. There is clearly a need for a full and transparent international investigation,” Mr. Ban told reporters at UN Headquarters.   “I strongly condemn this apparently deliberate downing of a civilian aircraft”. “This horrifying incident must at the very least prompt a serious and sustained effort to end the fighting in Ukraine.”   “I offer my deep condolences to the families and loved ones of the victims.”   The Netherlands is a nation in mourning for over 190 Dutch nationals on board flight MH17. It is one of the most devastating air disasters in the country"s history.   Michel Sidibé, Executive Director of UNAIDS:   "My thoughts & prayers to families of those tragically lost on flight MH17. Many passengers were enroute to AIDS2014 here in Melbourne". http://www.aids2014.org/   Professor Francoise Barre-Sinoussi, the president of the International AIDS Society, speaking to reporters ahead of the Global AIDS conference in Melbourne this weekend.   "It"s a very sad day. In that plane, probably, it was many passengers coming to the Global AIDS conference in Melbourne, including friends, and colleagues," she said.   "It will be a great loss for the HIV-AIDS community, including, our colleague Joep Lange. Joep was a wonderful person. A great professional, but, more than that, a wonderful human being.   "So, if it is confirmed, it will be a terrible loss for all of us. I have no words to try to express my sadness. I feel totally devastated."   * Malaysia Airlines has released an updated statement, which includes a list of the nationalities of those killed in the tragedy, see link below.   MH17 disaster: bringing those responsible to justice, by Ben Saul.   How can those who destroyed a Malaysian Airlines flight over Ukraine be brought to justice? 28 Australians are among the dead.   Reports suggest an anti-aircraft missile was fired by separatist forces involved in the war in Ukraine. If that is the case, the international law of armed conflict governs the incident.   Under the law of war, all fighters have a duty to distinguish between military and civilian objects and not to target civilians. If the militants deliberately targeted the aircraft knowing that it was a civilian plane, then a war crime has been committed.   Those involved may be criminally prosecuted, under the principle of "universal jurisdiction", by any country, including Australia. Australia is a party to the Geneva Conventions and the Statute of the International Criminal Court, and has enacted the relevant legislation to make such crimes triable here.   The situation is more complicated if the militants did not know that the plane was civilian. Some reports suggest, for instance, that the militants may have thought that it was a Ukrainian military plane. In war, the adversary"s military aircraft may be lawfully attacked.   Here another rule is relevant. Military forces must take all feasible precautions to verify that a target is a military one before attacking. The question is then whether the militants took the necessary steps to verify the target, or were too trigger happy.   More evidence is needed about what steps the militants in Ukraine took before a judgment can be made. However, a number of factors should have indicated to the militants that the plane was civilian. It was flying at the cruising altitude of civilian aircraft, and it would have borne the radar signature of a civilian plane. The markings on the plane would not have been visible from the ground, so the militants should have exercised care to investigate further before firing on it. Just because a plane is in the airspace over a war does not make it fair game.   If the militants were reckless in identifying the target, they could still be prosecuted for the war crime of intentionally targeting a civilian object.   While Ukrainian law enforcement is already investigating, this event is of international significance and other countries, particularly those like Australia whose citizens were killed, are likely to want to get involved.   There is a precedent for this. When Libyan agents allegedly destroyed a Pan Am jet over Lockerbie in Scotland in 1988, the United Nations Security Council got involved, forcing Libya to surrender the suspects to stand trial.   Australia could use its current position on the Security Council to request the Council to condemn the attack, pursue an international investigation, and bring to justice the perpetrators.   There are many different forums for a possible prosecution: Ukraine"s courts; the courts of a country like Australia or the Netherlands whose citizens were killed; a referral by the Security Council to the International Criminal Court; or an ad hoc international criminal tribunal, such as that established by the Security Council to prosecute terrorist bombings in Lebanon, or war crimes in Rwanda and the former Yugoslavia.   There are many legal options, but all depend on the political will of the international community to cooperate in law enforcement efforts to track down the perpetrators.   * Ben Saul is Professor of International Law at The University of Sydney.   http://www.osce.org/ukrainemonitoring Visit the related web page
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