Fondation Hirondelle

Nota: Este archivo abarca los artículos publicados a partir del 1 de Julio de 2008.

A painting by the artist Banksy, in 2015 in Gaza. Divorce between Israel and the International Criminal Court was consumed in Rome in 1998, when Tel Aviv refused to sign and ratify the Statute, following its recognition of the transfer of the civilian population as a war crime. © Mohammed Abed / AFP

To me, the subject of Israel and Palestine, the relations between the two entities and their peoples, as well as the role of third actors (international or not), including the International Criminal Court (ICC), has been of concern for many years. The so-called Palestine Situation before the ICC seems to put into perspective the meetings and dialogues I had more than twenty years ago. Professionally, I have devoted my energy for the past fifteen years to international criminal justice, both in teaching and research and in practice, where I have been able to work alongside the Prosecutor General of Israel, the defence and more recently, in the representation of victims of international crimes.…  Seguir leyendo »

In this piece, the author points out "the interminable circularity of ‘debate’ around declaratory and constitutive theories of international law – which is to say the whether a state exists exclusively by having satisfied some set of criteria, or whether a state exists when other states recognise it as such". © Mohammed Abed / AFP

In December 2019 the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) announced that it had concluded its preliminary examination into the Situation in Palestine, and was satisfied that it had competence to open a formal investigation. The announcement, however, came in the form of a Request to the Pre-Trial Chamber for confirmation that the OTP’s understanding of the scope of the Court’s jurisdiction over Palestine was correct.

Among the reasons the OTP gave for making the request was that “while the Prosecution wishes to obtain a ruling expeditiously, it would provide an opportunity for legal representatives of victims and the referring State to participate in the proceedings, if they wish.…  Seguir leyendo »

From 10 to 12 March, about two dozen prosecutors, victim’s lawyers and defence counsels gathered in The Hague to present their closing arguments to three judges on how they ought to perceive Dominic Ongwen, a former Lord’s Resistance Army (LRA) child soldier who became one of its commanders, and whether or not to convict and punish him for a litany of atrocities he perpetrated after his eighteenth birthday. On one hand, Ongwen was portrayed as a monstrous, brutal and cruel serial-paedophile, a mass murderer and a fearless terrorist, who was powerful, proud and happily “gratifying his own desires” in the bush.…  Seguir leyendo »

The Madres Buscadoras de Sonora collective during a recent expedition in Mexico. © Basem Siria

 

In Sonora, Mexico, the search for a missing loved one combines science, magic and faith. Virginia wanted to follow in her father’s footsteps by studying agronomy, but after his disappearance, she finally chose to study criminology. «I promised myself that I would find him, and my studies are helping me in my quest,» she tells me as she pulls from her wallet an already yellowed newspaper clipping with the missing person’s name on it. «This clipping will stay there until it disintegrates. I will never stop looking,» she adds.

Virginia is one of the «Madres Buscadoras» (literally, the searching mothers) of Sonora (northern state of Mexico), one of the 70 collectives of «searchers«, «rastreadoras» (trackers) and «warriors» – as they are called – in Mexico who dedicate themselves day after day to searching for loved ones who disappeared in their own country.…  Seguir leyendo »

The Kosovo Specialist Chambers (KSC), approved by the Kosovo Parliament in 2015, are touted as a new and more promising attempt at delivering justice for unpunished war crimes. A series of previous courts – the International Criminal Tribunal for the former Yugoslavia (ICTY), the UN Interim Administration Mission in Kosovo (UNMIK) panels, local courts and the European Union Rule of Law Mission in Kosovo (EULEX) – have tried, but largely failed to bring perpetrators of war crimes to trial. The promise of the KSC to correct previous failures stands in their attributes as a hybrid court. Part of the Kosovo judiciary, but situated in the Hague and constituted of international judges only, the Chambers represent a new type of hybrid court that is supposed to combine the strength of international tribunals with the benefits of local ownership.…  Seguir leyendo »

In 1972, Daniel Banfi and Aurora Meloni escaped political persecution in their native Uruguay and moved with their daughters to Argentina. This occurred several months before the dictatorial coup in Uruguay in June 1973. In the relative security of exile in Buenos Aires, the Banfis started to rebuild their lives. But safety was ephemeral. Two years later, the night of September 13, 1974, a joint Argentine-Uruguayan police taskforce illegally arrested Daniel at his home. For 45 days, he was held in different clandestine prisons and subjected to torture. Six weeks later, the almost unrecognisable bullet-ridden bodies of Daniel and two of his Uruguayan companions, Luis Latronica and Guillermo Jabiff, were found partially buried in the fields of Buenos Aires’ province.…  Seguir leyendo »

After almost two decades of silence in the aftermath of its civil war (1975-2002), the Angolan government on 10 December 2019 changed its course by launching a “Reconciliation Plan in Memory of Victims of the Armed Conflicts in Angola”. Why was this plan established and how likely is it that this new approach will contribute to the healing of open wounds and genuine reconciliation?

Straight after its war of independence against the Portuguese colonizer, Angola went through a devastating civil war between 1975 and 2002. What could be characterized as a ‘proxy Cold-War’ in the 1970s and 1980s, turned in the 1990s into a ‘greed’ based war over the control of natural resources.…  Seguir leyendo »

Dark, cold and heavy clouds loom over foggy, grey Brussels. A large crowd stands in line to enter the old Justice Palace, which has been under reconstruction for a couple of years. An elderly Rwandan man, wearing a chic white trench coat, manoeuvres through the scaffolding and smoothly jumps the line. At 71, his pace is slow. He drags one of his feet. Supporting himself with a crutch in his right hand, he passes security and makes his way up the imposing stairway. His destination is a timeworn, dingy and dark courtroom. It is located at the outer wing of the historic Palace, which was inaugurated in 1883 by King Leopold II, infamous for his lethal colonial exploitation of the Congo Free State, today’s Democratic Republic of Congo.…  Seguir leyendo »

This week the case will commence at the International Court of Justice (ICJ) before the glare of the world’s media, drawn not only by the significance of the case itself, but in particular by the direct role Aung Sang Suu Kyi is set to play in the defence of her government. On 11 November, The Gambia instituted proceedings against Myanmar at the ICJ, based in The Hague. The Gambia’s application alleges that the Government of Myanmar’s treatment of the Rohingya constitutes a manifest violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

The persecution of the Rohingya has been ongoing for decades; their status as the ‘other’ has been a convenient outlet for the oppressive, violent and, all too often, deadly impulses of Buddhist nationalism stretching back to well before the independence of the state in 1948.…  Seguir leyendo »

Global greenhouse gas emissions are up 60% since 1990. Last week, the United Nations Environment Program published its 10th Emission Gap Report. This report analyses the latest scientific studies on current and future greenhouse gas  emissions. Its findings are alarming: countries collectively failed to stop the growth in global greenhouse gas emissions. A conclusion must be drawn: more striking efforts that those initially anticipated must be deployed by states and companies to radically cut greenhouse gas emissions. These efforts must be deployed now to prevent dangerous levels of climate change.

Almost no one seriously contests anymore that increasing greenhouse gas emissions have a significant impact on the planet’s climate or that these emissions essentially result from human activities.…  Seguir leyendo »

Singer Jessica Winter campaigns for ecocide to be recognized as a crime, last July in London.

Ecocide, a Vietnam war ‘veteran’ concept used to describe the destruction caused by Agent Orange, is also the 5th missing element of crime of the Rome Statute, dropped from the International Criminal Court (ICC) draft code in 1996, recalls Jojo Mehta. A British environmental activist, she carries the global campaign to change international law, initiated by the late Polly Higgins, before the 2019 Assembly of States Parties. Mehta defends that going the route of the ICC can be faster, cheaper and create more genuine enforcement and deterrence than going the road of corporate litigation.

It’s not every day you inherit – literally – a global campaign to change international law. …  Seguir leyendo »

Filming of an outreach film on the Special Criminal Court in June 2019 at the Association of Female Jurists (Bangui). Here, the women victims receive advice on the best ways to protect their rights.

Widespread impunity prevailing in the Central African Republic applies in particular to sexual and gender-based crimes, which are increasingly documented and recorded. As criminal prosecution can only be limited in the absence of an effective judicial structure, we look here at possible solutions. These include the so-called «holistic» approach promoted by the Institut francophone pour la justice et la démocratie, along with the team of Nobel Peace Prize winner doctor Denis Mukwege of Congo and the ongoing Truth and Reconciliation Commission project.

In the Central African Republic (CAR), as in all states marked by recent conflict, dealing with sexual violence is one of the major issues that transitional justice must address.…  Seguir leyendo »

An older woman spoke haltingly into a microphone, her hands trembling from the memory: “They beat my whole body, my eyes and hands were tied. They hit me with a big plank of wood. There were four of them. They hit me on the head, and whipped me with a belt.”

Thus began two days of testimonies at the local parliament house in Lhokseumawe, in the northern part of Aceh, a province of Indonesia located at the northern end of Sumatra. On 16 and 17 of July fifteen victims and family members of the disappeared took their place on stage, speaking before Aceh’s Truth and Reconciliation Commission (TRC).…  Seguir leyendo »

The situation in Brazil illustrates a sad fact: none of the mechanisms in place make it possible, as it stands, to effectively combat ecocide and associated criminal practices. Data published by the Brazilian Space Agency reveal that in June 2019, deforestation in the Amazon increased by 88% compared to June last year. This trend has exploded since November 2018 with the election of Jair Bolsonaro, who has pledged to promote the development of the Amazon by opening it up more to agricultural and mining investments and putting an end to the repression of environmental crimes.

His government has been following up on its promises.…  Seguir leyendo »

Reparations are measures intended as far as possible to acknowledge and remedy victims’ harm by a responsible actor. The ICC and other international criminal law bodies (in Cambodia and in Senegal) have allowed victims to claim reparations against a convicted person, but few victims have so far benefited from such measures, since a conviction is needed before they can claim reparations. Even when a conviction is secured, there are challenges of implementation or politicisation of reparations to which the ICC is not immune. In practice, victims will often never receive reparations or may wait years for them.

At the ICC, only three cases have so far reached the reparation stage, in Democratic Republic of Congo (DRC) and in Mali.…  Seguir leyendo »

The disavowal of international criminal justice is part of a general trend towards a return to nationalism and the desire of States to have a monopoly on trials. Management of the world’s increasingly scarce resources often involves economic and military interests that place multinationals at the heart of international relations. Mining activities, for example, are almost always conducted under the protection of private military and security companies supported by private banks. These companies become actors in armed conflicts and may be directly or indirectly involved in international crimes.

In order to avoid binding legislation (and litigation), companies have supported and subscribed to voluntary codes of conduct, non-binding standards adopted by governments and/or companies.…  Seguir leyendo »

The Special Criminal Court (SCC) Statute gives the court jurisdiction over gross human rights and humanitarian law violations according to Central African Republic’s (CAR) domestic criminal code and its international obligations, namely war crimes, crimes against humanity and genocide which may have been committed in CAR since 1 January 2003.

The prospect of a trial and conviction, if an accused is found guilty, inevitably raises the question of reparations for the victims who will have civil party status. In fact, the SCC can award individual and/or collective reparations, including financial compensation, psychological support and agrarian or industrial funds. No trust fund mechanism is envisaged in the framework of the SCC to oversee the implementation of reparations awards.…  Seguir leyendo »

The National Inquiry into Missing and Murdered Indigenous Women and Girls found that an ongoing genocide of Indigenous peoples constitutes a root cause of the violence that is currently being perpetrated against Indigenous women and girls. Genocide is a centerpiece of the National Inquiry’s report, which argues that colonial violence is ongoing, not just a legacy of the past. Its 231 Calls for Justice reflect the legal obligation to stop genocide through a range of policy and process changes.

Numbers are difficult to ascertain, as they keep growing, but nearly two decades of studies and reports in Canada have uncovered more than 1,200 names of Indigenous women who are known to have been killed or who have simply disappeared.…  Seguir leyendo »

Tomorrow, June 19, is International Day to End Conflict-related Sexual Violence. It’s been a roller coaster year for survivors of conflict-related sexual violence and their advocates. The last time June 19 came around, many of us were reeling from the acquittal of Jean-Paul Bemba Gombo by the Appeals Chamber at the International Criminal Court (ICC), which had just reversed the ICC’s first conviction for rape and sexual violence. Six months later, in December 2018, morale swung in the opposite direction: the Nobel Peace Prize went to Dr. Denis Mukwege and Ms. Nadia Murad for their joint efforts to support survivors of conflict-related sexual violence in their home countries of Democratic Republic of Congo and Iraq.…  Seguir leyendo »

Authorities and politicians like to talk of the fight against impunity. Yet while the reality of this struggle has intensified, it remains worrying that it is so limited. The case of Hissène Habré – president of Chad in the 1980s, tried in Senegal three years ago – offers us a good perspective on one of the main limits of this struggle.

The fight against impunity can be described in three stages.

Recognition of suffering

The first one is recognition of victims’ suffering. This recognition should be public. It is sometimes through the courts if victims use legal channels to establish the violations suffered: these are the different human rights procedures that can be carried out at national, regional or global level.…  Seguir leyendo »