Thierry Cruvellier

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Burundi government ministers celebrate on stage the country’s withdrawal from the International Criminal Court, in Bujumbura, Burundi, on Oct. 28. Credit Agence France-Presse — Getty Images

Last month, the International Criminal Court opened two investigations, including a sensitive one in Afghanistan, and a call has been made to allow it to intervene in Myanmar. But such a flurry of announcements mainly testifies to the impasse at which the court finds itself.

On Nov. 20, after 11 desperately long years conducting a “preliminary examination,” Fatou Bensouda, the prosecutor of the International Criminal Court, formally requested authorization to investigate war crimes and crimes against humanity in Afghanistan thought to have been committed since 2003, after the United States-led invasion of the country.

It is a contentious move: Afghanistan recognizes the court’s jurisdiction, but the United States does not, and the I.C.C.…  Seguir leyendo »

In just a few weeks, Burundi, South Africa and Gambia have announced that they would withdraw from the International Criminal Court, a permanent tribunal investigating war crimes, genocide and crimes against humanity. Since its creation in 1998, the I.C.C. has been hobbled by the refusal of major countries like the United States, China and Russia to subject themselves to its jurisdiction. But the recent defections by member states, on grounds that the court is biased and undermines peace, seem like an unprecedented blow to its legitimacy.

Yet even before the withdrawals were announced, the court itself was already trying to find a way out of African cases, and away from the types of wartime atrocities that have been its mainstay.…  Seguir leyendo »

Des proches de victimes de l’ancien président tchadien Hissène Habré assistant à une séance du tribunal spécial cré pour le juger, à Dakar, au Sénégal. Credit Cemil Oksuz/Anadolu Agency, via Agence France-Presse

La semaine dernière, les acteurs du procès de Hissène Habré se sont retrouvés ici pour leurs plaidoiries finales devant les Chambres africaines extraordinaires (CAE), un tribunal créé spécialement pour juger l’ancien président du Tchad. Habré, au pouvoir de juin 1982 à décembre 1990, est poursuivi, entre autres, pour de nombreux crimes de guerre et crimes contre l’humanité commis contre ses opposants politiques.

Le procès est un événement majeur dans le domaine de la justice pénale internationale. Il est exceptionnel qu’un tribunal d’un pays juge l’ancien président d’un autre pays. Il est inédit que cela se déroule devant un tribunal expressément mandaté par l’Union africaine pour juger l’un des siens “au nom de l’Afrique.”…  Seguir leyendo »

Relatives of victims of the former Chadian president attending a session of the special court set up to judge him, in Dakar, Senegal. Credit Cemil Oksuz/Anadolu Agency, via Agence France-Presse

Last week the parties to the trial of Hissène Habré gathered here to make their closing arguments before the Extraordinary African Chambers (E.A.C.), a court specially set up to judge the former president of Chad. Mr. Habré, who was in power from June 1982 to December 1990, stands accused, among other things, of committing numerous crimes against humanity and war crimes against his political opponents.

This trial is a major event in the field of international criminal justice. It’s uncommon for one country to judge the former president of another country. It’s unprecedented for this to take place before a court expressly appointed by the African Union to pass judgment on one of its own “in the name of Africa.”…  Seguir leyendo »

Surrounded by 10 muscular prison guards, Hissène Habré, his frail body entirely swathed in white, looked smothered in his chair. He was sitting in the front row of the immense courtroom, fingering Muslim prayer beads. His boubou covered all but his eyes, and they were partly hidden by his glasses.

Mr. Habré, the 72-year-old former president of Chad, is accused of crimes against humanity, war crimes and torture regarding the deaths of an alleged 40,000 people during his rule between 1982 and 1990. July 20 was the first day of his trial before the Extraordinary African Chambers, a special court he has repeatedly denounced as “illegitimate and illegal.”…  Seguir leyendo »

International criminal courts usually begin their work with a mid-ranking defendant and impose a heavy sentence after their first conviction. The war crimes tribunals for Rwanda and the former Yugoslavia were the first to do so.

On Friday, the appeals chamber of the Extraordinary Chambers in the Courts of Cambodia — a mixed tribunal based in Phnom Penh and tasked with trying the worst offenders of the Pol Pot regime — followed in their footsteps: it imposed a life sentence on Kaing Guek Eav, also known as Duch, the 69-year-old former commander of the Khmer Rouge’s infamous S-21 prison in Phnom Penh, where between 1975 and 1979 more than 12,000 people were detained, tortured and sent for execution.…  Seguir leyendo »