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Archive for August 28th, 2013

International Criminal Court: Situations and cases

Posted by African Press International on August 28, 2013

18 cases in 8 situations have been brought before the International Criminal Court.

Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations (“communications”).

To date, four States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred the situation in Darfur, Sudan, and the situation in Libya – both non-States Parties. After a thorough analysis of available information, the Prosecutor has opened and is conducting investigations in all of the above-mentioned situations.

On 31 March 2010, Pre-Trial Chamber II granted the Prosecution authorisation to open an investigation proprio motu in the situation of Kenya. In addition, on 3 October 2011, Pre-Trial Chamber III granted the Prosecutor’s request for authorisation to open investigations proprio motu into the situation in Côte d’Ivoire.

Situation in Uganda 

The case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against [the] five top members of the Lords Resistance Army (LRA).

Following the confirmation of the death of Mr Lukwiya, the proceedings against him have been terminated. The four remaining suspects are still at large.

Situation in the Democratic Republic of the Congo 

In this situation, five cases have been brought before the relevant Chambers: The Prosecutor v. Thomas Lubanga DyiloThe Prosecutor v. Bosco NtagandaThe Prosecutor v. Germain KatangaThe Prosecutor v. Mathieu Ngudjolo ChuiThe Prosecutor v. Callixte Mbarushimana; and The Prosecutor v. Sylvestre Mudacumura. Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the custody of the ICC. Sylvestre Mudacumura remains at large.

Trial Chamber I convicted Mr Lubanga Dyilo on 14 March 2012. The trial in this case,The Prosecutor v. Thomas Lubanga Dyilo, had started on 26 January 2009. On 10 July 2012, he was sentenced to a total period of 14 years of imprisonment. The time he spent in the ICC’s custody will be deducted from this total sentence.  On 7 August 2012, Trial Chamber I issued a decision on the principles and the process to be implemented for reparations to victims in the case. All three decisions are currently subject to appeal.

The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009. Closing statements in the case were heard from 15 to 23 May 2012. On 21 November 2012, Trial Chamber II decided to sever the charges against Mathieu Ngudjolo Chui and Germain Katanga. On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and crimes against humanity and ordered his immediate release. On 21 December 2012, Mathieu Ngudjolo Chui was released from custody. The Office of the Prosecutor has appealed the verdict.

The verdict regarding German Katanga will be delivered at a later stage.

The confirmation of charges hearing in the case The Prosecutor v. Callixte Mbarushimana took place from 16 to 21 September 2011. On 16 December 2011, Pre-Trial Chamber I decided by Majority to decline to confirm the charges against Mr Mbarushimana.  Mr Mbarushimana was released from the ICC’s custody on 23 December 2011, upon the completion of the necessary arrangements, as ordered by Pre-Trial Chamber I.

On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICC’s custody. His initial appearance hearing took place before  Pre-Trial Chamber II on 26 March 2013. The confirmation of charges hearing in the case is scheduled to start on 10 February 2014.

Situation in Darfur, Sudan 

There are five cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (”Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)The Prosecutor v. Omar Hassan Ahmad Al BashirThe Prosecutor v. Bahar Idriss Abu GardaThe Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus; and The Prosecutor v. Abdel Raheem Muhammad Hussein.

Warrants of arrest have been issued by Pre-Trial Chamber I for Messrs Harun, Kushayb, Al Bashir and Hussein. The four suspects remain at large.

A summons to appear was issued for Mr Abu Garda, who appeared voluntarily before the Chamber on 18 May 2009. After the hearing of confirmation of charges, on February 2010, Pre-Trial Chamber I declined to confirm the charges. Mr Abu Garda is not in the custody of the ICC.

Two other summonses to appear were issued for Mr Banda and Mr Jerbo who appeared voluntarily on 17 June 2010; the confirmation of charges hearing took place on 8 December 2010. On 7 March 2011, Pre- Trial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICC’s Prosecutor against Mr Banda and Mr Jerbo, and committed them to trial. The trial in the case The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus is scheduled to start on 5 May 2014.

Situation in the Central African Republic 

The situation was referred to the Court by the Government of the Central African Republic in December 2004. The Prosecutor opened an investigation in May 2007. In the only case in this situation, The Prosecutor v. Jean-Pierre Bemba Gombo, Pre-Trial Chamber II confirmed, on 15 June 2009, two charges of crimes against humanity and three charges of war crimes, and committed the accused to trial before Trial Chamber III. The trial started on 22 November 2010.

Situation in the Republic of Kenya 

On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation proprio motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearing in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang were held from 1 to 8 September 2011. The confirmation of charges hearing in the case The Prosecutor v. Uhuru Muigai Kenyatta took place from 21 September to 5 October 2011. On 23 January 2012, the judges declined to confirm the charges against Henry Kiprono Kosgey and Mohammed Hussein Ali. Pre-Trial Chamber II confirmed the charges against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn. The trial of William Samoei Ruto and Joshua Arap is scheduled to start on 10 September 2013 and the trial of Uhuru Muigai Kenyatta is scheduled to start on 12 November 2013.

Situation in Libya 

On 26 February 2011, the United Nations Security Council decided unanimously to refer the situation in Libya since 15 February 2011 to the ICC Prosecutor. On 3 March 2011, the ICC Prosecutor announced his decision to open an investigation in the situation in Libya, which was assigned by the Presidency to Pre-Trial Chamber I. On 27 June 2011, Pre-Trial Chamber I issued three warrants of arrest respectively for Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity (murder and persecution) allegedly committed across Libya from 15 until at least 28 February 2011, through the State apparatus and Security Forces. On 22 November 2011, Pre-Trial Chamber I formally terminated the case against Muammar Gaddafi due to his death. The two other suspects are not in the custody of the Court. On 31 May 2013, Pre-Trial Chamber I rejected Libya’s challenge to the admissibility of the case against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court.

Situation in Côte d’Ivoire 

Côte d’Ivoire, which is not party to the Rome Statute, had accepted the jurisdictionof the ICC on 18 April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Côte d’Ivoire reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2011, Pre-Trial Chamber III granted the Prosecutor’s request for authorisation to open investigations proprio motu into the situation in Côte d’Ivoire with respect to alleged crimes within the jurisdiction of the Court, committed since 28 November 2010, as well as with regard to crimes that may be committed in the future in the context of this situation. On 22 February 2012, Pre-Trial Chamber III decided to expand its authorisation for the investigation in Côte d’Ivoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010.

On 23 November 2011, Pre-Trial Chamber III issued a warrant of arrest under seal in the case The Prosecutor v. Laurent Gbagbo for four counts of crimes against humanity. The arrest warrant against Mr Gbagbo was unsealed on 30 November 2011, when the suspect was transferred to the ICC detention centre at The Hague, by the Ivorian authorities. On 5 December 2011, Pre-Trial Chamber III held an initial appearance hearing. The confirmation of charges hearing took place between 19 and 28 February 2013. On 3 June 2013, Pre-Trial Chamber I adjourned the hearing on the confirmation of charges and requested the Prosecutor to consider providing further evidence or conducting further investigation with respect to the charges presented against Laurent Gbagbo.

On 22 November 2012, Pre-Trial Chamber I decided to unseal a warrant of arrest issued initially on 29 February 2012 against Simone Gbagbo​ for four counts of crimes against humanity allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011. Mrs. Gbagbo is not in the custody of the Court.

Situation in Mali

 

On 16 January 2013, the Office of the Prosecutor opened an investigation into alleged crimes committed on the territory of Mali since January 2012.

The situation in Mali was referred to the Court by the Government of Mali on 13 July 2012. After conducting a preliminary examination of the situation, including an assessment of admissibility of potential cases, the OTP determined that there was a reasonable basis to proceed with an investigation.

The situation in Mali is assigned to Pre-Trial Chamber II.

The OTP is currently conducting preliminary examinations in a number of situations including AfghanistanGeorgiaGuineaColombiaHondurasKorea and Nigeria.

Submitting Information

To submit information about alleged crimes, please write to:

International Criminal Court
Office of the Prosecutor
Communications
Post Office Box 19519
2500 CM The Hague
The Netherlands.

Or email: otp.informationdesk@icc-cpi.int,

Or send information by facsimile to: +31 70 515 8555.

 

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The UN Children’s Fund (UNICEF) has also set up ideas labs to stimulate new approaches. Labs are currently at work in Denmark, Kosovo, Uganda and Zimbabwe.

Posted by African Press International on August 28, 2013

African Press International (API)

DAKAR,  – Difficulty reaching conflict- or disaster-hit communities slows down aid delivery, hampers assessment and can lead to groups in remote areas being left out of the aid equa tion altogether. But new technology, while not a panacea, is helping to remove access barriers.

Aid agencies are increasingly seeking innovative solutions to old challenges. For example, the UN Refugee Agency (UNHCR) has teamed up with technology firm Spigit to launch “UNHCR Ideas”, an ideas lab where staff, refugees, academics and partners can brainstorm and crowd-source solutions to common problems. Their first challenge is improving access to information and services for urban refugees; the winning idea will be piloted in 2014.

Olivier DelaRue, UNHCR head of innovations, said: “We hope this project will give a voice primarily to refugees, because the solutions are very often with them. What we are trying to achieve is a higher degree of empowerment, a higher…

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Kenya: Bungoma medics oppose the appointment of county medical boss

Posted by African Press International on August 28, 2013

  • GODFREY WAMALWA,API,KENYA

Bungoma district hospital is facing a deluge of challenges as its staff threaten to oppose the move to have hospital medic superintendent Dr.Egesa Mulianga to hold two positions in the government.
The latest move to have the said medic to a position of county medical superintendent as well as Bungoma district hospital superintendent has brought the renown medic under spotlight with a section of the staff going for the throat of country medical director Dr.Kimani over what they term as rampant nepotism.
How can a person hold two government posts?is it not the money that exchanged hands?claimed a staff who wished not to be named.”We have many people who fit for one of his posts in our county,why Dr.Egesa alone?added another staff.
Sources well-versed with the on goings who spoke to this writer lamented about poor management Dr.Egesa has spearheaded in the last years where he subjected workers to poor working conditions.
A staffer who spoke on condition of anonymity because he is not authorized to speak to the Media said that the medical officer wants to control funds of the hospital a move that has necessitated his rejection by other medics.
The source revealed that the Country medical director Dr.Kimani was given “his cut” by the controversial Dr.Egesa, two directors in the county who were involved in the illegal appointment without involving other professions which has led to the present stalemate.
But as the standoff between junior medics and Bungoma county barons over the appointment , it is emerging that the man at the centre of the storm who spearheaded the unpopular move is just not another doctor from Nairobi Dr.Kimani who is also a close friend and associate of Bungoma district hospital medical superintendent Dr.Egesa for whom they were classmates.
Multiple sources at Bungoma hospital speak of a facility which has been hijacked by individual private interests particularly by medical superintendent, Board Members and well-connected junior staffers like who seem to do things with impunity and at the detriment of the hospitals’ very survival. Employees are now pleading for the Ministry of medical services, to step in and resolve the stalemate.
As controversy boils, workers have vowed to down their tools if the opposed medic will have to hold two posts as had alleged.”The doctor was overheard saying that he will use his position to settle scores among his professional nemesis that has been opposing his appointment” claimed another source who sought anonymity for fear of security. When called for comments,Dr.Egesa cell phone his went on unanswered.

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Kenya’s First Lady on her visit to China roots for women empowerment

Posted by African Press International on August 28, 2013

First Lady Mrs Margaret Kenyatta is welcomed by the President of the All China Women’s Federation Mrs. Shen Yueyue who also the Vice President of the National People’s Congresss to the Great Hall of the People in Beijing, China.

First Lady Margaret Kenyatta has urged Kenya and China to take concrete steps to protect women and children’s interests.

She urged various organizations championing the rights of women and children in China and Kenya to start exchange programmes to enable women to gain from diverse experiences.

She was speaking at the Great Hall of the People in Beijing, China when she paid a courtesy call on the President of All-China Women’s Federation (ACWF), Mrs. Shen Yue Yue. Mrs Shen is also the Vice-President of the National People’s Congress (NPC).

“Women leaders must focus on issues that affect their members at the grassroots so that they can help them build a prosperous society,” the First Lady said.

She invited Chinese women leaders to visit Kenya’s tourist attractions such as the annual Wildebeest Migration in Maasai Mara, that is renowned globally.

Mrs. Shen said though women in China are still facing daunting challenges, they had made progress in various fields.

She highlighted women enrollment in both Primary and secondary level education that stood at 90% while that of university level stood at 46%.

She added that China and Kenya are celebrating their 50th year of bilateral cooperation which gives the two countries a chance to review the progress made so far and reflect on future challenges.

She called on the two countries to strengthen their cooperation in the cultural, educational, women empowerment, health, environmental protection and business areas.

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source. statehousewebsite.

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