Developments May 2020

This month:

1. International Criminal Court (ICC)
2. Initiatives by NGO’s
3. Fourth report by the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD)
4. Dutch annual report on combatting international crimes
5. Myanmar case

ICC

On May 5th, the prosecutor to the ICC released a statement regarding the ongoing investigations into crimes committed in Libya. The main concerns are:

• intentionally targetting civilians and other on-combatants;
• widespread arbitrary detention and serious mistreatment of migrants and refugees attempting to transit through Libya;
• enforced disappearances;
• hate speech;
• fugitives that remain at large and arrest warrents that remain to be executed.

On May 18th, mr. Bemba’s request for compensation and damages was rejected. However, the ruling led to an urgent request to State Parties to review statutory limits for the duration of proceedings or, even more critical, custodial detention. This, for reasons as the seriousness of the consequences.

Initiatives by NGO’s

New Mutual Legal Assistance Treaty for International Crimes

FIDH, REDRESS and ECCHR asked to prioritise victims’ rights in negotiations for the new multilateral treaty (now supported by over 70 countries) on international cooperation in the domestic prosecution of serious international crimes. They argue that failure to do so would undermine existing standards on victims’ rights and diminish the potential benefits of the treaty. International cooperation is deemed essential to ensuring victims can exercise their rights to truth, justice and reparation. Victims are the cornerstone of any viable investigation or prosecution of serious international crimes before national courts. More often than not, they are the driving force behind investigations. Without their courage and determination, many such cases would never reach trial. States are therefore urged to negotiate stronger provisions that reaffirm victims’ rights and recognise the crucial role they play; this will enhance the Convention’s ability to function as a practical tool for countries working to end impunity for serious international crimes through national investigations and prosecutions.

List of perpetrators based on the upcoming report on children and armed conflict

On 28 April 2020 NGO’s called on States Parties to the Rome Statute to show support for the ICC, especially in the face of threats to its independence and mandate. The letter is a reaction to Israeli Prime Minister Benjamin Netanyahu who called for “sanctions against the international court, its officials, its prosecutors, everyone” and on the U.S. Secretary of State who threatened to impose punitive measures against two named senior ICC staffers, other ICC staffers, and their families. These threats are based on the ongoing investigations into crimes alledgedly committed on Palestine territory, respectively in Afghanistan.

UNITAD

The fourth report was submitted to the Security Council detailing its activities to investigate crimes committed by ISIL in Iraq pursuant to Resolution 2379 (2017).

The report highlights the key advances made by UNITAD in implementing its mandate to support accountability efforts by collecting evidence of war crimes, crimes against humanity and genocide committed by ISIL perpetrators in Iraq.

Central to this progress has been the identification and collection of new forms of evidence. UNITAD has obtained call data records from Iraqi cell phone service providers relevant to its investigations as well as data from mobile phone and mass data storage devices connected to ISIL. The Evidence Management System has strengthened the Team’s ability to organize, track and search the evidence it collects. The use of advanced technology has also been expanded in forensic evidence collection at mass grave sites and other major crimes scenes.

Dutch annual report on combatting international crimes

On 13 May 2020 the annual report on criminal investigations and prosecutions of Core International Crimes was send to Ducth parliament. It highlights the combined efforts and results of the “whole of government” approach of the various Dutch partners involved.

Myanmar

In light of the Covid-19 pandemic, the International Court of Justice (ICJ) decided to extend from 23 July 2020 to 23 October 2020 and from 25 January 2021 to 23 July 2021 the respective time-limits for the filing of the Memorial of the Republic of The Gambia and the Counter-Memorial of the Republic of the Union of Myanmar in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide.

On 23 May Myanmar submitted its first compliance report to the International Court of Justice (ICJ) on a previous order to prevent and not commit genocide against the Muslim Rohingya minority in the country. The ICJ may rule against making the report public. However, Myanmar was ordered to share a copy of the report with Gambia for the West African country to submit its comments. Subsequent reports will be filed every six months.

The UN’s former Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, said Myanmar had not taken any steps since the order: “Sadly, no progress at all,” Lee said in a webinar organized by the Global Justice Center.