On February 18, 2014, the High Regional Court of Frankfurt sentenced Onesphore Rwabukombe, a mayor in Northern Rwanda during the 1994 genocide, to fourteen years in prison for his role in the 1994 genocide in Rwanda. He had been living as a political refugee in Germany since 2002. According to news reports, “[t]he presiding judge at the court in Frankfurt said in his verdict that while Rwabukombe did not kill anyone, he oversaw and assisted in the murder of at least 450 men, women and children at the Kiziguro church compound in east Rwanda.” The court heard from over 100 witnesses in over...
International Law in Brief
International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On February 17, 2014, the United Nations Office of the High Commissioner for Human Rights released a report of the commission of inquiry on human rights and a report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea. According to the press release, the report of the detailed findings of the commission of the inquiry on human rights finds that “a wide array of crimes against humanity, arising from ‘policies established at the highest level of State,’ have been committed and continue to take place in the Democratic People’s...
The European Council, by decision and implementing regulation, suspended the restrictive measures that were in place against Zimbabwe on February 17, 2014. In a subsequent declaration by High Representative Catherine Ashton, she announced that the Council decided “to suspend the remaining restrictive measures with the exception of the arms embargo and those targeting two individuals – the Head of State and his spouse and one entity – Zimbabwe Defence Industries.” The current measures will expire on November 1, 2014, “[p]rovided there is no serious deterioration in the governance and human...
On February 13, 2014, the Eighth Chamber of the Court of Justice of the European Union (the Court) issued an order in Merck Canada Inc v. Accord Healthcare Ltd, holding that a Portuguese arbitral tribunal could refer questions to the Court of Justice for a preliminary ruling. According to the press release, the Court ruled that “a conventional arbitral tribunal is not to be considered a court or tribunal of a Member State, since the contracting parties are under no obligation, in law or in fact, to refer their disputes to arbitration and the public authorities of the relevant...
On February 1, 2014, the Rapporteurship on the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons of the Inter-American Commission on Human Rights became fully operational. According to the press release, the Rapporteurship was created in November 2013 with the purpose of “addressing issues of sexual orientation, gender identity, gender expression, and body diversity.” On January 31, 2014, the IACHR designated Commissioner Tracy Robinson as the first Rapporteur. The Rapporteurship continues the work of the Unit for the Rights of Lesbian, Gay, Bisexual, Trans and Intersex...
On February 10, 2014, prosecutors for the military commission trials at Guantanamo Bay added a charge of conspiracy against Abd al Hadi al-Iraqi, an alleged high-level emissary with al-Queda. He is already charged with various terrorism-related charges. According to the news story, this new charge sets up “a test of whether Congress has the power to make a conspiracy a prosecutable offense in a war-crimes tribunal, despite the offense not being recognized as an international war crime.” The conspiracy charge arose from a situation in which al-Iraqi was a member of al-Qaeda’s ruling Shura...
On February 11, 2014, the U.S. Court of Appeals for the D.C. Circuit issued a ruling in Aamer & Siddique v. Obama, a case in which three Guantanamo detainees, via habeas actions, sought “a preliminary injunction preventing the government from subjecting them to force-feeding.” Two separate district judges had denied their requests on the ground that the Military Commissions Act had stripped them of jurisdiction to consider Guantanamo detainees’ challenges. On appeal, the D.C. Circuit held that the detainees could properly challenge their force-feeding at the hands of jailers...
On February 11, 2014, the Trial Chamber of the Special Tribunal for Lebanon ruled orally that the case against Hassan Habib Merhi should be joined with the case against Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra. According to the press release, the Trial Chamber will issue a written decision “in due course.” All five accused have been indicted for their alleged role in the February 2005 attack that killed twenty-two people, including former Lebanese Prime Minister Rafiq Hariri. The trial in the Prosecutor v. Ayyash et al. case...
On February 11, 2014, the Appeals Chamber of the International Criminal Tribunal for Rwanda delivered its judgment in The Prosecutor v. Augustin Ndindiliyimana, François-Xavier Nzuwonemeye, and Innocent Sagahutu. According to the press release, the Appeals Chamber “revers[ed] the convictions of Ndindiliyimana and Nzuwonemeye in their entirety, revers[ed] certain convictions for Sagahutu, leading to a reduction of his sentence from 20 to 15 years of imprisonment, and reject[ed], in part, the Prosecution’s appeal.” The accused persons played various roles in the Rwanda conflict....
On February 7, 2014, the Prosecutor of the International Criminal Court, Fatou Bensouda, announced in a statement released both in text and on video that she will open a preliminary examination into the situation in the Central African Republic (CAR). Bensouda stated that “the plight of civilians in CAR since September 2012 has gone from bad to worse.” In light of allegations of “killings, acts of rape and sexual slavery, destruction of property, pillaging, torture, forced displacement and recruitment and use of children in hostilities,” Bensouda “concluded that these incidents and the...