The document opposes Kenya's request to the UN Security Council for deferral from the ICC, making several arguments: 1) The request does not have full government support as required. 2) The ICC intervened after Kenya failed to establish its own tribunal. 3) Naming suspects protected witnesses. 4) There is no current violence risk to justify deferral. 5) Failure to prosecute would strengthen impunity. The document calls on the UN to reject deferral and support local accountability and reforms.
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
On 20 November, the Prosecutor of the International Criminal Court (ICC) finally published her request to open a formal investigation into war crimes and crimes against humanity committed in Afghanistan. This means that the Prosecutor agrees with the result of the preliminary examination showing that crimes meeting the ICC gravity threshold have been committed in Afghanistan since 2003 (the period for which the ICC has jurisdiction) and that the ICC considers that Afghanistan is either unwilling or unable to prosecute these crimes nationally. The Prosecutor also made an open request to the victims to send their statements to the Court by 31 January 2018. There is, then, a very important but short window of opportunity for victims to share their stories with the Court. On the occasion of the release of the Prosecutor’s request, AAN is publishing this question and answers dispatch focusing on the ICC and Afghanistan (1).
Minister Lamola's decision on parole for Janusz Walus.SABC News
The Justice Department has announced that in light of the joint ministerial press briefing on the Coronavirus outbreak at the offices of the International Relations Department in Pretoria on Monday, it will now release a statement on the parole reconsideration for Janusz Walus.
Seminar with Christopher Michaelsen, Associate Professor, Faculty of Law, University of New South Wales (UNSW), Sidney, Australia - See more at: http://www.iai.it/en/eventi/role-non-permanent-members-united-nations-security-council
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
On 20 November, the Prosecutor of the International Criminal Court (ICC) finally published her request to open a formal investigation into war crimes and crimes against humanity committed in Afghanistan. This means that the Prosecutor agrees with the result of the preliminary examination showing that crimes meeting the ICC gravity threshold have been committed in Afghanistan since 2003 (the period for which the ICC has jurisdiction) and that the ICC considers that Afghanistan is either unwilling or unable to prosecute these crimes nationally. The Prosecutor also made an open request to the victims to send their statements to the Court by 31 January 2018. There is, then, a very important but short window of opportunity for victims to share their stories with the Court. On the occasion of the release of the Prosecutor’s request, AAN is publishing this question and answers dispatch focusing on the ICC and Afghanistan (1).
Minister Lamola's decision on parole for Janusz Walus.SABC News
The Justice Department has announced that in light of the joint ministerial press briefing on the Coronavirus outbreak at the offices of the International Relations Department in Pretoria on Monday, it will now release a statement on the parole reconsideration for Janusz Walus.
Seminar with Christopher Michaelsen, Associate Professor, Faculty of Law, University of New South Wales (UNSW), Sidney, Australia - See more at: http://www.iai.it/en/eventi/role-non-permanent-members-united-nations-security-council
Introduction to the work of the Security Council from the Security Council Practices and Charter Research Branch, Security Council Affairs Division, Department of Political Affairs, United Nations. Presentation given in August 2012.
resentation by ICC judges in Kenya case 1 and 2 - the Prosecutor v William Ruto, Henry Kosgey and Joshua Sang; Uhuru Kenyatta, Francis Muthaura and Hussein Ali.
Presentation by ICC judges in Kenya case 1 and 2 - the Prosecutor v William Ruto, Henry Kosgey and Joshua Sang; Uhuru Kenyatta, Francis Muthaura and Hussein Ali.
The First Steps to Accessing Justice in Cameroonijtsrd
The history and judiciary of Cameroon took two different turns after the colonization of Cameroon by Britain and France. Out of French colonial rule was born Civil Law and Common Law under French rules and British rule respectively. As far back as the colonial days and today, Cameroonians have continuously suffered a lot of injustices, which calls for the need to ensure better access to justice for all. However, a burden arises, how do Cameroonians go about it. Where do they go and what do they do when they get there This paper therefore makes an in depth analysis of the procedure for accessing justice in Cameroon. In light of the problems plaguing access to justice in Cameroon today, this study sets out to evaluate the procedure for acceding to justice in Cameroon. This entails answering the question of where and how an individual or a group of persons can access justice in Cameroon. The research method used by this study is the qualitative and the doctrinal research method. Data is presented in descriptive and narrative form. Fonjong Melvine Ake | Prof. Mbifi Richard "The First Steps to Accessing Justice in Cameroon" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-4 , June 2022, URL: https://www.ijtsrd.com/papers/ijtsrd50351.pdf Paper URL: https://www.ijtsrd.com/humanities-and-the-arts/political-science/50351/the-first-steps-to-accessing-justice-in-cameroon/fonjong-melvine-ake
The role of the Indonesian Attorney General’s Office as dominus litis in the ...Gunung Agung
PERAN KEJAKSAAN RI SEBAGAI DOMINUS LITIS DALAM
KEKISRUHAN KPK VS POLRI
http://mappifhui.org/2015/10/22/peran-kejaksaan-ri-sebagai-dominus-litis-dalam-kekisruhan-kpk-vs-polri/
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress to victims when states are unable or unwilling to do so. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
With WARMEST Regards,
Community Activist Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
(513) 680-2922
DONATIONS to support the work may be made at:
www.Cash.me/$VogelDeniseNewsome
CONFIDENTIAL/ANONYMOUS Donations may be made at:
https://donorbox.org/community-activist-vogel-denise-newsome
The “.02% DELEGATION” Website: www.vogeldenisenewsome.com
APPEALS AGAINST DECISIONS OF THE EXAMINING MAGISTRATE IN CAMEROONAkashSharma618775
The Examining Magistrate is involved in the administration of justice in Cameroon. His functions are to
carryout preliminary investigations and this has caused the preliminary duties of investigation to be smooth and
more matured. Preliminary Inquiry is therefore a criminal hearing usually conducted by an Examining Magistrate
to determine whether there is sufficient evidence to prosecute the defendant before a competent court of law.
During the preliminary inquiry, the Examining Magistrate is assisted by a Registrar and the defendant may be
represented by counsel. At the close of the inquiry, the Examining Magistrate shall ascertain whether or not any
offence is sustainable on the evidence against the defendant and shall make either a total or partial no case ruling
or a committal order. These various orders and rulings of the Examining Magistrate can be appeal against by any
disgruntled party to the proceedings before the Inquiry Control Chambers (ICC) of the competent Court of
Appeal.
There are many 'red-notes' for recovering the assets against financing-crime in Indonesia. The Asset Confiscation Bill represents a significant step forward by incorporating Non-Conviction-Based Asset Forfeiture. NCB-AF is a powerful tool in the fight against illicit activities, allowing the seizure of assets tied to criminal actions, even without a conviction. As we move forward, it is imperative to ensure that safeguards are in place to prevent any unintended infringements on human rights, preserving the principles of justice and fairness.
This report examines the findings of the Ndung’u
Commission, the subject of renewed debate in light of
recent revelations of politicians’ and well-connected
individuals’ allocations of land in the Mau Forest, one of
Kenya’s largest water catchment areas, with subsequent
activities causing serious damage to the environment.
Revelations on the theft of public lands are contained
in the draft report of the Task Force on the Mau Forest
recently commissioned by the Prime Minister.
Sports is widely recognised as a sector with immense economic value. Over and above
the economic potential are the socio-political benefits of sports for reconciliation and as a
carrier for positive messages on issues such as corruption and HIV/Aids for the youth and
society as a whole.
While Kenya is well known as a sporting nation, this success is not reflected in the football
sector, which has been particularly prone to squabbling and corruption.
Corruption in sports is not new. There are concerns the world over about the lack of transparency
and accountability in sports and the resultant social and economic impact. The risk of corruption
has increased dramatically as commercial influences grow1.
This brief is an extract from a forthcoming AfriCOG report which reviews the
effectiveness of the KACC in the fight against corruption. The brief is published
to mark International Anti-Corruption Day 2009. It discusses the investigation,
prevention of corruption, asset recovery and public education functions of the
KACC.-December 2009
Five years on how effective is the kacc in the fight again
Kptj response to gok letter to unsc 4th march 2011
1. Your Excellency,
RE: RESPONSE TO THE LETTER FROM A SECTION OF THE
GOVERNMENT OF KENYA TO THE PRESIDENT OF THE UNITED
NATIONS SECURITY COUNCIL SEEKING SUPPORT FOR KENYA’S
REQUEST FOR DEFERRAL FROM THE ICC
On the 4th of March the Permanent Mission of the Republic of Kenya
presented to the United Nations President of the Security Council a letter
requesting an article 16 (of the Rome statute) deferral on the
International Criminal Court (ICC) Kenyan case.
The letter asserts that the naming of the six individuals allegedly bearing
the greatest responsibility for the PEV by the ICC prosecutor
Is prejudicial and premature
Has slowed down the implementation of the new
constitution,
Has halted the reform process
Has interfered with the delicate political climate
The letter further asserts that the ongoing ICC process has the potential
to:
Reignite violence,
Cause a breakdown of law and order
Result in loss of human life in Kenya
Cause disruption of economic, peace and security activities.
The following statement by Kenyans for Peace with Truth and Justice 1 is
in relation to and should be read in conjunction with the attached letter
dated 4th March 2011.
1
KPTJ is a coalition of over 30 Kenyan and East African legal, human rights, and governance organizations,
together with ordinary Kenyans and friends of Kenya, convened in the immediate aftermath of 2007’s failed
presidential election which has since been monitoring the implementation of the mediation agreement.
2. Background:
The ICC intervened in the Kenyan situation as a result of the actions of
the African Union-led Panel of Eminent African Personalities under the
leadership of Kofi Annan.
The National Accord and Reconciliation Act, signed by the two Principals,
Hon. Mwai Kibaki and the Hon Raila Odinga, which ended the post-
election violence in Kenya, prescribed a process of inquiry into the
violence. The duly established Commission of Inquiry into Post-election
Violence (CIPEV) led by a Kenyan judge, Mr. Justice Philip Waki,
required that a Special Tribunal be set up to deal with perpetrators of the
violence, failing which an envelope with a list of the suspected main
perpetrators of the violence was to be handed over to the International
Criminal Court by Mr. Annan.
Despite Mr. Annan’s appeals and extensions of the time limit, Kenyan
politicians repeatedly and emphatically rejected establishment of the
Tribunal and thus decided against implementing the principle of
complementarity as laid out in the Rome statute
Mr. Annan then handed over the envelope to the Prosecutor Louis
Moreno Ocampo, who eventually received permission to open an
investigation into the Kenyan situation and, on December 15 th 2010,
announced the names of the six suspects against whom he sought
summonses to appear, which have now been issued. This process has
thus been an African and Kenyan-led process.
KPTJ Position
Kenyans for Peace with Truth and Justice strongly object to the
arguments raised in the above mentioned letter; they are erroneous and
in manifestly bad faith for the following reasons:
1. The National Accord and Reconciliation Act that established the
coalition government necessitates consultation between the two
Principals. The position advanced in the letter is not one held by the
whole Kenyan government, but by the faction led by the President, the
Party of National Unity (PNU). The ambassador therefore does not
have the mandate to present this letter to the UNSC without the
consultation and support of the whole government.
2. The ICC process was triggered by the failure of the government to
establish a local tribunal to prosecute crimes committed during the
post election violence.
3. 3. KPTJ believes that the naming of the six individuals by the ICC
Prosecutor was not prejudicial but in fact in the best interests of the
Kenyan population and in an effort to protect actual or perceived
witnesses who, prior to the naming of suspects, were in very real
danger of interference persons who believed they may be implicated in
the Prosecutor’s case.
4. The letter asserts that the ongoing ICC process has the potential risk
to reignite violence. There is no current or imminent indication of a
breakdown of peace, law, order or generalised violence in Kenya to
justify a deferral of the ICC case. On the contrary failure to secure
accountability will surely lead to strengthening of impunity and repeat
of violence
5. KPTJ asserts that if indeed violence should be re-ignited in Kenya, it
will be as the result of deliberate actions to create a self-fulfilling
prophecy by those who are intent on evading accountability.
6. KPTJ views the pursuit of ever-shifting and contradictory strategies by
the PNU section of the government in the attempt to escape
accountability through the ICC as an indication of growing
desperation.2
7. Reform of the criminal justice system is at an extremely early and
tenuous stage.
8. While a local justice mechanism will heavily rely on a reformed
Judiciary, judicial reforms are only just getting underway. The
appointment of the new Chief Justice (CJ) has got off to a most
controversial start, resulting in the post of the chief justice being
vacant since the prior Chief Justice’s exit on the 27 th of February
2011.
9. There is an inherent conflict in the currently unreformed police force
being used to investigate post-election violence as the CIPEV, along
with the ICC Prosecutor, identified the security forces and police as
major perpetrators of the violence, including sexual violence. Until
2
The PNU section of the governments initial approach was to seek to withdraw from the
Rome statute then as is indicated by the Ambassador in his letter, their next strategy
was to seek support for deferral of the Kenyan case under Article 16 of the Rome
Statute. After the issuance of the summons by the Pre-Trial Chamber II of the Court
they plan to challenge the admissibility of the cases and jurisdiction of the court under
Article 19 of the Rome Statute.
4. significant progress is achieved on police reforms, public confidence in
any investigation carried by the police will be lacking.
10. The majority of Kenyans, as opinion polls and surveys have
consistently shown, support the intervention of the ICC. In November
2010, 78% of Kenyans supported the ICC investigation. Moreover,
there is growing mobilisation of vital national grassroots and diaspora
movements in support of peace and participation in the ICC process.
This is despite the naming of the persons seen to be most responsible
for the post election violence by the ICC prosecutor and the issuance
of summonses to appear for the same. Therefore there is no imminent
threat to peace and security from the general public.
Way Forward
We respectfully request the United Nations Security Council through
your Excellency to:
a) Reject the application by the government to defer the ICC Cases
under Article 16 of the Rome Statute since the grounds for such a
deferral do not exist.
b) Support the establishment of a credible local accountability process
for the crimes, not as an alternative to the ICC process but rather as
imperative to bridging the impunity gap between the lower, mid level
perpetrators and those who bear the greatest responsibility for Post
Election Violence. However this will necessitate significant progress
on reforms of the criminal justice system.
c) Remind the Government of Kenya of its obligations under the Rome
Statute, international law, as well as its Constitution to undertake
prompt, thorough, independent and impartial investigations of
human rights violations to ensure that those suspected of committing
serious crimes are prosecuted.
Please accept the assurances of our highest consideration.
For Kenyans for Peace with Truth and Justice
P.O. Box 18157 – 00100 GPO
Nairobi, Kenya
admin@africog.org
www.africog.org