Political leader sentenced to life in prison by Bangladesh ICT: On 5 February 2013, Abdul Qhader Mollah, a senior leader of Jamaat-e-Islami, was sentenced to life in prison for war crimes. Mollah was convicted of rape, torture, and arson in relation to Bangladesh’s 1971 war for independence from Pakistan. Leaders of Jamaat, Bangladesh’s largest Islamic Party, and other critics accuse the prime minister of using the ICT as a weapon against political opponents. At least three people were killed in protests after Mollah’s verdict.
Activist to petition the ICC to investigate atrocities in Uganda: On 4 February 2013, Ugandan activist, Dr. Kizza Besigye, announced he will petition the ICC to investigate human rights abuses in Uganda. The ICC has already issued arrest warrants for the top commanders of the Lord’s Resistance Army, including Joseph Kony, for war crimes and crimes against humanity committed in Uganda. However, Besigye contends that ICC should have investigated the Ugandan government, in addition to the LRA, for their role in the atrocities. International criminal law analysts doubt the petition will be successful as the UN Security Council and governments are the primary referrers to the ICC. Supporters of the government have rejected Besigye’s accusations and have called them a publicity stunt.
Kenyan witnesses oppose ICC move to Tanzania: On 4 February 2013, witnesses in the Kenya ICC trials contacted media outlets to share their objections over the proposal to move hearings to Arusha, Tanzania due to fears for their safety. The crimes against humanity trials of Deputy Prime Minister Uhuru Kenyatta, former Eldoret North MP William Ruto, former Civil Service chief Francis Muthaura, and broadcaster Joshua Arap Sang are set to begin on April 10 and 11. The defense lawyers applied to the ICC President to have their cases transferred to Arusha—where ICTR trials have been held—because the trials would take them away from their families and careers. The ICC has asked multiple stakeholders, including governments, Prosecutor Fatou Bensouda, ICTR officials, and representatives for the victims, for their opinion on moving the trial. There have been serious concerns over witness safety in these trials.
ICTR overturns genocide convictions of two ex-ministers: On 3 February 2013, an ICTR appeals judge overturned the convictions of ex-Rwandan ministers, Justin Mugenzi and Prosper Mugiraneza. Mugenzi and Mugiraneza had been convicted of complicity and incitement to commit genocide in connection with the 1994 Rwandan genocide; their convictions were centered around their presence at meetings where violence against Tutsis was discussed. The appeals judge ruled that the two ministers were unaware that a fellow minister, Theodore Sindikubwabo, was going to give a speech urging Hutus to kill Tutsis and that there other actions as ministers do not indicate complicity in genocide—therefore they could not be held criminally liable. There are reports in Rwandan media that the government is dissatisfied with the ICTR’s recent rulings and the overall slow pace of the court. The ICTR will conclude its work, consisting of nearly 70 trials, in 2014.
Kenyan court to rule on eligibility of Kenyatta and Ruto for upcoming elections: On 24 January 2013, the High Court of Kenya scheduled a hearing for February 7 to determine whether Uhuru Kenyatta, William Ruto, and other candidates for the Kenyan presidency satisfy the integrity and ethics standards laid out in the new constitution. Kenyatta and Ruto, who are running for President and Deputy President in Kenya’s March 4 election, are both set to be tried by the ICC for crimes against humanity in April. Their ICC trials are in relation to their roles in Kenya’s 2007-2008 post-election violence. In recent election polls, Kenyatta trails current Prime Minister Raila Odinga: 51% to 39%.
Human Rights Watch claims M23 and the Congolese army have committed war crimes: On 5 February 2013, Human Rights Watch (HRW) released a statement accusing the M23 rebels and the Congolese army of committing war crimes. HRW’s report documents human rights abuses occurring around Goma, D.R. Congo in late 2012. The report suggests both sides of the conflict have committed rape, summary executions, and other war crimes. HRW encourages the UN and Congolese authorities to investigate and hold those responsible accountable.
ICC refuses to allow Kenyan Human Rights Commission to participate in upcoming trials: On 1 February 2013, Judge Kuniko Ozaki announced that the Kenyan Human Rights Commission (KHRC) would not be allowed to participate in the upcoming trials of Deputy Prime Minister Uhuru Kenyatta, former Eldoret North MP William Ruto, former Civil Service chief Francis Muthaura, and broadcaster Joshua Arap Sang. The KHRC offered to assist in the challenges with witnesses that the ICC will be facing. Judge Ozaki stated, “The Chamber is well aware of the general risks that witnesses in an international criminal trial may face, and of the law related to witness protection.” The trials will begin April 10 and 11.
