Web pages about "Central African Republic"

ICC in difficulty ten years after the Rome Statute

Thu, 17 Jul 2008 19:27:01 +0100

Thursday 17 July marks the tenth anniversary of the Rome Statute, the treaty that led to the establishment of the International Criminal Court (ICC).

Set up in 2002, the ICC is mandated to investigate and prosecute crimes of genocide, crimes against humanity and war crimes, when national authorities are unable, or unwilling to do so.

Lauded as one of the most ambitious steps by the international community in recent history, the ICC has made significant progress in its investigations. But its work is being obstructed by serious internal and external difficulties.

The Court’s first investigations in the Central African Republic, the Democratic Republic of Congo, the Darfur region of Sudan and northern Uganda have focussed on some of the most serious human rights situations in the world. Afghanistan and Colombia are also being assessed.

Prosecuting cases is the problem. To date, the Court has issued 12 public arrest warrants, with another requested by the Prosecutor on 14 July 2008. Only four people have been arrested and surrendered for trial. The first case has been stayed. The accused may be released on fair trial grounds.

Without its own police force, the Court’s ability to prosecute cases depends upon the willingness of states to arrest and surrender those charged.

If a state fails or refuses to arrest and surrender persons to the Court, it was thought that other states and intergovernmental organizations would pressure them to do so. In practice, this is proving ineffective.

In response to the government of Sudan’s refusal to arrest and surrender former Minister of Humanitarian Affairs Ahmad Harun and Janjaweed leader Ali Kushayb to the Court, the United Nations Security Council issued a Presidential Statement in June 2008 calling for cooperation.

However, Sudan continues to refuse to implement the warrants. Four senior leaders of the Lords Resistance Army accused of crimes against humanity and war crimes in northern Uganda still remain at large.

An obstacle within the ICC emerged in June 2008, before the start of the Court’s first trial. The case against Thomas Lubanga Dyilo was stayed by the Trial Chamber to protect the right of the accused to a fair trial.

This was because the Prosecutor was unable to disclose to the defence exculpatory and mitigating evidence that had been provided confidentially by the United Nations and other organizations.

Confidentiality agreements are provided for in the Rome Statute, but only in exceptional circumstances and for the purpose of generating new evidence. A decision has been made to release the accused. Both decisions are the subject of appeals.

The possible collapse of the Court’s first case on fair trial grounds is deeply troubling. In particular, victims of the charges will be denied the opportunity to participate in the case.

However, the Trial Chamber’s decision to ensure the rights of the accused to have access to all information which could demonstrate their innocence demonstrates the Court’s determination to apply the highest standards of justice.

To date, 107 states, over half the international community, have ratified the statute. Many other states, including governments who originally opposed the statute, are in the process of ratifying.

Even the USA, which launched a worldwide campaign against the ICC, has since supported its work at the United Nations Security Council and indicated that it may cooperate with the ICC’s future investigations.

Amnesty International is a strong supporter of the Court. The organization lobbied extensively during the drafting of the Rome Statute for a just, fair and effective permanent court.

The long-term success of the Court as a central element of the new system of international justice will depend on its ability to prosecute cases. However, arrest and surrender of suspects is a matter largely outside the ICC’s control.

The supporters of the Court, therefore, have a vital role to ensure that cooperation is demanded bilaterally from states and through intergovernmental organizations. Efforts must also be taken to ensure that missions conducted by intergovernmental organizations are mandated to execute arrest warrants.

Central Africa: Governments and UN must join forces to secure release of kidnapped women and children

Tue, 22 Apr 2008 10:24:54 +0100

Amnesty International today called on the UN and governments in Central Africa to take immediate action to secure the release of more than 350 men, women and children thought to have been abducted by the Lord’s Resistance Army (LRA) in recent weeks.

The abductions took place in the Central African Republic (CAR), the Democratic Republic of Congo (DRC), and Southern Sudan while the LRA was ostensibly preparing to sign a peace agreement with the Ugandan government meant to end more than 20 years of a civil war that has been characterised by war crimes, including abductions and widespread unlawful killings and mutilation of non-combatants.

“As in Uganda, these people – including scores of women and children – are likely to be used as child combatants and sex slaves, and yet none of the governments in the region have done anything to try to secure their release,” said Amnesty International.

“The governments of Sudan, the CAR and the DRC – with the assistance of the UN – must join forces to secure the safety and release of those kidnapped immediately and bring those responsible to justice.”

Women and girls kidnapped by the LRA in the past have been used as sex slaves, while boys and men have been forced into combat and forced to commit atrocities, as well as used as porters to carry looted property.

The most recent abductions took place near Obo, a town on the south eastern corner of the CAR, bordering the DRC and Sudan.

The LRA appears to have moved their operations to southern CAR in a bid to avoid the arrest and transfer of their senior commanders to the International Criminal Court (ICC) in The Hague, where they are wanted on charges of war crimes and crimes against humanity. Recent information suggests that the fighters have since crossed into the DRC, taking the abductees with them.

Several LRA leaders were charged by the International Criminal Court in 2005 with large scale abductions and other crimes against humanity and war crimes.

There are currently five security forces operating in the CAR – the CAR Army, EU forces (EUFOR), UN forces (MINURCAT), multinational Central African forces (FOMUC – Force Multinationale en Centrafrique) and French government forces.

Amnesty International is calling on the UN and other forces operating in the area – including UNMIS in Southern Sudan, and MONUC in the DRC – to assist the regional governments to secure the release of those kidnapped.

The organization also called on international peace-keeping and government forces in the region to cooperate to arrest and surrender any person subject to an ICC arrest warrant, including leaders of the LRA.

Hundreds abducted in Central Africa

Tue, 22 Apr 2008 14:09:43 +0100

Central African leaders and the UN have been urged to secure the release of more than 350 men, women and children thought to have been abducted by the Lord’s Resistance Army (LRA) in recent weeks.

The abductions took place in the Central African Republic (CAR), the Democratic Republic of Congo (DRC) and Southern Sudan while the LRA was ostensibly preparing to sign a peace agreement with the Ugandan government. The treaty was meant to end more than 20 years of a civil war beset by war crimes, including abductions and widespread unlawful killings and mutilation of non-combatants.

"As in Uganda, these people – including scores of women and children – are likely to be used as child combatants and sex slaves, and yet none of the governments in the region have done anything to try to secure their release," said Amnesty International.

"The governments of Sudan, the CAR and the DRC – with the assistance of the UN – must join forces to secure the safety and release of those kidnapped immediately and bring those responsible to justice."

Women and girls kidnapped by the LRA in the past have been used as sex slaves, while boys and men have been forced into combat and forced to commit atrocities, as well as used as porters to carry looted property. The most recent abductions took place near Obo, a town on the south eastern corner of the CAR, bordering the DRC and Sudan.

The LRA appears to have moved their operations to southern CAR in a bid to avoid the arrest and transfer of their senior commanders to the International Criminal Court (ICC) in The Hague. They are wanted on charges of war crimes and crimes against humanity. Recent information suggests that the fighters have since crossed into the DRC, taking the abductees with them.

Several LRA leaders were charged by the International Criminal Court in 2005 with large scale abductions and other crimes against humanity and war crimes.

There are currently five security forces operating in the CAR – the CAR Army, EU forces (EUFOR), UN forces (MINURCAT), multinational Central African forces (FOMUC – Force Multinationale en Centrafrique) and French government forces.

Amnesty International has called on the UN and other forces operating in the area – including UNMIS in Southern Sudan, and MONUC in the DRC – to assist the regional governments to secure the release of those kidnapped.

The organization has also called on international peace-keeping and government forces in the region to cooperate to arrest and surrender any person subject to an ICC arrest warrant, including leaders of the LRA.