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Archive for June 11th, 2014

ICC: Democratic Republic of the Congo – Case: The Prosecutor v. Bosco Ntaganda

Posted by African Press International on June 11, 2014

On Monday, 9 June 2014, Pre-Trial Chamber II of the International Criminal Court (ICC) unanimously confirmed charges consisting in 18 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy’s property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) against Bosco Ntaganda and committed him for trial before a Trial Chamber on the charges as confirmed.

Mr Ntaganda (former alleged deputy chief of the staff of the Forces Patriotiques pour la Libération du Congo) was surrendered to the ICC custody on 22 March 2013. The confirmation of charges hearing was held from 10 to 14 February 2014. A total amount of approximately 69,000 pages of evidence was disclosed between the parties and submitted to the Chamber for its determination.

Based on the evidence submitted to its consideration, the Chamber found that there was a widespread and systematic attack against the civilian population pursuant to an organisational policy adopted by the Union des Patriotes Congolais/Forces Patriotiques pour la Libération du Congo (UPC/FPLC) to attack civilians perceived to be non-Hema, such as those belonging to Lendu, Bira and Nande ethnic groups. The attack took place between on or about 6 August 2002 and on or about 27 May 2003, in Ituri Province, Democratic Republic of the Congo (DRC). In addition, the Chamber found that a non-international armed conflict between the UPC/FPLC and other organized armed groups took place between on or about 6 August 2002 and on or about 31 December 2003 in Ituri Province, DRC.

The Chamber found that, as part of the widespread and systematic attack against the non-Hema civilian population and in the context of the non-international armed conflict, the crimes with which Bosco Ntaganda is charged were committed during two specific attacks, in addition to war crimes committed by the UPC/FPLC throughout the conflict. These specific attacks were carried out in identified locations in Banyali-Kilo collectivité between on or about 20 November and on or about 6 December 2002 and in identified locations in Walendu-Djatsi collectivité between on or about 12 and on or about 27 February 2003.

As specified in the decision, the Chamber found that Bosco Ntaganda bears individual criminal responsibility pursuant to different modes of liability, namely: direct perpetration, indirect co-perpetration (article 25(3)(a) of the Statute); ordering, inducing (article 25(3)(b) of the Statute); any other contribution to the commission or attempted commission of crimes (article 25(3)(d) of the Statute); or as a military commander for crimes committed by his subordinates (article 28(a) of the Statute).

Subject to the right of the Prosecutor and the Defence to request leave to appeal pursuant to article 82(1)(d) of the Statute, the Presidency of the ICC will constitute a Trial Chamber in due course.


source ICC

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Israel must stop building settlements – Norway demands, but will they be listened to?

Posted by African Press International on June 11, 2014

‘I am concerned about the fact that Israel is again speeding up its building of settlements in occupied Palestinian territory. The settlement policy is becoming an ever greater obstacle to a two-state solution,’ said Minister of Foreign Affairs Børge Brende.

On Wednesday evening, tenders were published for the construction of 1466 new housing units in Israeli settlements in the West Bank and East Jerusalem. This means that Israel is further speeding up construction in the settlements. The pace of construction has already increased steeply from last summer, during the time when peace negotiations with the Palestinians were taking place.

Both the UN and the International Court of Justice in The Hague have declared that the areas that Israel acquired in the 1967 war are occupied territory and that in moving its own citizens on to occupied territory, Israel is violating international law.

‘Given the current difficult situation between Israel and the Palestinians, it is crucial that all parties show restraint,’ said Mr Brende.


source: mfa.norway

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Major Moves Within Mauritian Legal Market

Posted by African Press International on June 11, 2014

  • High profile and leading litigators and employment law practitioners to join ENSafrica, Africa’s largest law firm

PORT-LOUIS, Mauritius, June 6, 2014/African Press Organization (APO)/ — Breaking news in the Mauritian legal profession and the domestic business community is the strategic decision of a number of high profile and leading litigators and employment law practitioners to join ENSafrica (, Africa’s largest law firm.

In December last year, when De Comarmond & Koenig (the oldest and largest firm of attorneys in Mauritius) entered into a joint venture with ENSafrica, Africa’s largest law firm, it made shock waves in the Mauritius legal market.  At the time, there were suggestions in various quarters that this development could herald the start of a major shift in a historically stable legal market, with other Mauritian lawyers following suit.  However, what was not foreseen was that there would be such a major move in such short time frame.

In an unprecedented move Maxime Sauzier SC, Varuna Bunwaree and Carolyn Desvaux de Marigny (barristers) as well as Jaykar Gujadhur and Yashina Leckram (attorneys) have announced that they will be joining ENSafrica as of 1 June 2014.  They are to unite forces with ENSafrica (Mauritius), previously known as De Comarmond & Koenig, an established, award winning and highly regarded Mauritian law firm.  The arrival of the new team is seen as a major move in the market and is intended to consolidate the firm’s position in building up an unparalleled domestic practice in Mauritius.

Thierry Koenig SA, head of ENSafrica (Mauritius), commented: “We are very pleased that Maxime, Jaykar, Varuna, Carolyn and Yashina have decided to join ENSafrica (Mauritius). This is a major development that will undoubtedly strengthen our law practice and create an unparalleled force in the Mauritius legal market”.  The current Mauritius team of ENSafrica (Mauritius) comprises of Thierry Koenig SA, Martine de Fleuriot de la Colinière, Raj Ragobur, Vanesha Babooa, Mahejabeen Chatoo, Sindhia Potayya, Rachel Wan, and Stephanie Sundanum, as well as Camille Desvaux de Marigny (Fiduciary), Xavier Koenig (Insolvency) and Pravin Barthia (Intellectual Property).

Piet Faber the CE of ENSafrica stated: “We are delighted that such high profile and leading litigators and employment law practitioners are joining the current Mauritian team. ENSafrica (Mauritius) is already a success, and has very promising future development potential. Mauritius is definitely part of the footprint that ENSafrica is establishing throughout Africa.”

ENSafrica comprises of over 620 legal, forensic, tax and intellectual property practitioners and currently operates out of its offices situated across Africa.  ENSafrica (Mauritius) is a full-service law firm with expertise covering all aspects of corporate and commercial law, banking, merger and acquisitions, construction, tax, employment, litigation, intellectual property and insolvency, and is the standing legal adviser to various major public listed Mauritian companies and conglomerates.




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