What a difference a year (or 8) makes: Bosco Ntaganda, justice and politics in the Congo

This week, Bosco Ntaganda is in court for the confirmation of charges hearing at the ICC. You can watch the Court’s live stream (with a slight delay) here. Ntaganda has been wanted by the ICC since 2006, when Luis Moreno Ocampo was issuing the Court’s first arrest warrants, including that for for Thomas Lubanga Diylo. Lubanga would go on to become the Court’s first-ever conviction. Ntaganda would continue to play a leading role in one of the world’s worst conflicts in history before surrendering in Kigali in March of last year. He’s now been in ICC custody for about a year and a wanted war criminal for almost 8. It’s easy to forget how we got here.

Bosco Ntaganda

The arrest warrant for Lubanga was issued under seal on 10 February, 2006 and unsealed a little over a month later, one day after he was transferred to The Hague. The arrest warrant for Bosco was issued under seal on 22 August, 2006 and unsealed almost 2 years later, about 5 years before he would surrender in Kigali. Before that, Ntaganda lived openly in Goma, notoriously flaunting his most-wanted status. In scenes of disturbing irony, Ntaganda would play tennis and dine at the same clubs and restaurants as the aid workers and UN staff charged with supporting the victims of the war in which he played a leading role.

Continue reading

Advertisements

What does recognition mean?

[updated 11 February, 2014]

The element of recognition that is part and parcel of reparations, and that makes them different from mere compensatory schemes, will typically require targeting victims for special treatment. This is part of what it means to give them recognition.

– Pablo de Greiff

It’s well-accepted today in international justice circles that victims want recognition. It’s also well-accepted that recognition is good for victims. Mariana Goetz of REDRESS said recently, for example, that “the quality of the recognition that the process provides [victims] may be more important than the final result.” But what does recognition mean? And how is it good for victims of grave crimes?

Photo

Source: Report of the Panel on Remedies and Reparations for Victims of Sexual Violence in the Congo (OHCHR)

On the one hand, there’s the assumption that victims want to be recognized as such. “Victims have indicated they want to be recognized by the international community at large,” according to the Registry, “as victims of the crimes committed against themselves, their families, neighbors, and ethnic groups.”

Continue reading

The latest twist in the case of Thomas Kwoyelo

by Paul Bradfield

Kwoyelo

Thomas Kwoyelo awaits the start of his trial in Gulu, July 2011. Photo: Justice and Reconciliation Project

A few days ago, former Lord’s Resistance Army (‘LRA’) rebel commander, Thomas Kwoyelo, seemingly made a direct appeal to President Yoweri Museveni to be pardoned for crimes he is alleged to have committed in northern Uganda during the civil war. In an interview with the government-sponsored newspaper, the New Vision, Kwoyelo is quoted as saying:

“Having undergone various rehabilitation programmes, I have realised my past mistakes like any other Ugandan who erred.

I pray that the President gives me a second chance in life.” Kwoyelo, who is currently on a peacemaking and reconciliation programme, said he has benefited from the course and pledged to practice what he has learnt because it calls for reconciliation with God and the society he wronged.

“I am willing to work with the Government at all cost. Once considered for clemency, I swear never to go back to rebel activities,” he said.

This plea for clemency, and the timing of it, is intriguing for a number of reasons. But first, some background and context for those not familiar with the case of Thomas Kwoyelo.

Continue reading

A Proposal to Compensate the Acquitted and Promote Reconciliation in the Balkans

by Alex Fielding, @alexpfielding on twitter

In light of the ongoing Seselj drama following the disqualification of Judge Harhoff for his pro-conviction bias (see my earlier post here and recent developments here) and the controversial acquittals of Momcilo Perisic, Ante Gotovina and Mladen Markac by the ICTY Appeals Chamber, and those of Jovica Stanisic and Franko Simatovic at trial, I keep coming back to the question of compensation for acquitted persons for the years spent in detention. While this may not, on its face, be a popular proposition for human rights activists and a general public whose primary concern is ‘ending impunity’, consider the following figures.

Momcilo Perisic, Photo: ICTY

According to my calculations, Momcilo Perisic, former Chief of the General Staff of the Yugoslav Army, spent approximately 4 years, 5 months and 10 days in detention prior to his acquittal on appeal on 28 February 2013 (note that these figures are NOT including the periods of provisional release from the ICTY’s detention facility in The Hague, which in Perisic’s case amounted to an additional 3.5 years).

Ante Gotovina, former Colonel General of the Croatian Army and Commander of ‘Operation Storm’, spent approximately 6 years, 11 months and 12 days in detention prior to his acquittal on appeal on 16 November 2012.  His co-accused Mladen Markac, former Operational Commander of the Croatian Special Police, spent 5 years, 7 months and 12 days in detention prior to his acquittal on appeal.

Ante Gotovina & Mladen Markac, Photo: Guardian

Ante Gotovina & Mladen Markac, Photo: Guardian

Including time spent on provisional release (I couldn’t find the relevant detention figures that do NOT include provisional release), it took 10 years from the time Jovica Stanisic, former Chief of the Serbian State Security Service, was sent to the ICTY to his acquittal at trial on 30 May 2013.  His co-accused Franko Simatovic, member of the Serbian State Security Service, waited 9 years, 11 months and 19 days for his acquittal at trial. Both men have been released pending the Prosecution’s appeal. They have also submitted arguments on appeal to the effect that the trial judgment was tainted by the bias of one of the sitting judges on the case, Judge Harhoff, but more on this later.

Vojislav Seselj, former President of the Serbian Radical Party, has already spent 10 years, 8 months and 25 days in detention (although 4 years and 9 months were a result of his three convictions for contempt of court) as he awaits a trial judgment that may be fatally flawed. Closing arguments wrapped up in March 2012 and the judgment had been scheduled for delivery on 30 October 2013 but then Judge Harhoff was disqualified for bias on 28 August 2013. Since there was no reserve judge in this case, the acting President of the ICTY Judge Agius controversially appointed Judge Niang to replace Judge Harhoff on 31 October 2013, even though he was not present during the entirety of the trial itself.

Continue reading

On the Eve of the AU Summit: How the ICC is Being Defended

[This appeared originally on Justice in Conflict on 11 October, 2013.]

As African leaders publicly question their support for the International Criminal Court, a wide range of ICC supporters have rallied to its defense. Here, along with my co-author, Chris Tenove, we use a framework put forward in our recent paper in the International Journal of Transitional Justice to examine the allies and the forms of authority that the Court can turn to. (Chris is a doctoral candidate in Political Science at the University of British Columbia and a semi-regular JiC blogger.)

Representatives of African Union governments recently gathered to hold an “emergency summit” in Addis Ababa to discuss the relationship between AU members and the International Criminal Court. The summit was a critical test of the ICC’s authority. Several commentators have already considered the meeting’s significance, potential outcomes and implications (and offered their own suggestions). Here, we would like to discuss what the summit tells us generally about what international criminal justice is and how it works. In particular, we would point to claims about the ICC’s authority made by those who rally to its defense.

In a recently published paper, we propose a framework explaining which actors are involved in international criminal justice (ICJ), what kinds of fundamental rules and practices motivate them and what forms of authority they wield. Continue reading

The Creation of an International Criminal Tribunal for the Democratic Republic of the Congo

pc3a9tition

(La version en langue française de la présente note est ci-après)

(Note: the translated portions of the original French letter below are not an official translation)

The summer of 2013 witnessed the launch of a petition, initiated by “52 prominent women” including the Congolese lawyer Ms. Hamuly Rély, calling for the creation of an International Criminal Tribunal for the Democratic Republic of the Congo (DRC).  The petition, which is still open for signature, was addressed to the French President François Hollande, the American President Barack Obama, the Secretary General of the UN Ban Ki Moon, former UN High Commissioner for Human Rights Mary Robinson, Chaiperson of the African Union Commission Nkosazana Dlamini-Zuma, Secretary General of the Organisation for Francophonie Abdou Diouf, President of the European Union Herman Van Rompuy, and the Presidency of the UN Security Council.

Before giving some personal thoughts (III) and addressing the potential judicial consequences of the establishment of such a Tribunal (II), this note focus on the content of the petition (I).

I. The Content of the Petition

1. Regarding the arguments and motivations:  Continue reading

What I say may not be true, but it’s always for peace.

BTH_22-8-13

During a recent conversation with one of Ituri’s many local leaders, he said something that I keep thinking about. He was telling me about his role in the community. In his words, he was a man of the peace, working always towards la pacification. Here is a rough translation of his words:

I’m a man of peace, always working for the pacification of Ituri, even during the war! People know this about me, so they come to me with questions and for information. And I tell them things. Sometimes they’re true and sometimes they’re not true. But they’re always for peace!

I’ve been thinking a lot about this man (full disclosure: he’s not the guy in the photo, which I took…but I think this photo kind of speaks to the issue). He clearly was on the side of peace. Even during the war he would leave the capital, Bunia, to get messages of peace to the villages in his native territory (if what he told me was true of course…). On one trip he was attacked with a machete (that’s true–he showed me the scar). So his response alarmed me. He said it with a large grin, almost as further proof that he really was a man of the peace: willing to lie in the name of peace!

Continue reading