On the picture Florence Hartmann. The Hague, 29 March – The Mechanism’s President today issued a decision on the “Urgent Request to the President of the MICT to Grant Florence Hartmann Early Release”, which was dated 25 March 2016 and transmitted to the Mechanism’s President on 29 March 2016. Ms. Hartmann was granted early release, with the decision effective as soon as practically possible. In determining that Ms. Hartmann should be granted early release, the President considered that her exemplary conduct in the United Nations Detention Unit and her completion of more than two thirds of her sentence militated in favour of her release. President Judge Theodor Meron also consulted the majority of the Judges of the sentencing Chamber who are Judges of the Mechanism, pursuant to the Mechanism’s Rules of Procedure and Evidence.

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following admission of guilt by the accused in Mali war crime case: “An important step for the victims, and another first for the ICC”   Today the Pre-Trial Chamber I of the International Criminal Court (“ICC”) confirmed the charge of war crime brought by my Office against Mr Ahmad Al Faqi Al Mahdi, and committed him to trial for attacking historic monuments and buildings dedicated to religion in Timbuktu, Mali between approximately 30 June and 11 July 2012. Following this decision, I can now publicly note a further significant development.   On 1 March 2016, Mr Al Mahdi explicitly expressed before ICC Judges and in the presence of his lawyers, his wish to plead guilty. He did so during the course of the confirmation of charges proceedings, at a point where the exchanges were in closed session. This part of the court record has now been made public.  This case is in many ways historically important in that it focuses exclusively on the war crime of intentionally directing attacks against ‘cultural property’. The deliberate and wanton destruction of historic mausoleums and buildings dedicated to religion, as witnessed in this case, caused severe harm to the religious practices, historical heritage, and cultural identity of the people of Timbuktu, Malians and the region more generally. The loss was not locally confined. The magnitude of the loss of such irreplaceable physical embodiment of history and culture was felt by the whole of humanity, and at the expense of future generations. This case underscores the seriousness of such crimes, and the necessity to hold perpetrators accountable.  My Office is determined to continue to do its part to counter the scourge of such reprehensible crimes. This is the first time that a suspect has expressed his intention to plead guilty to criminal conduct for which he is being prosecuted by my Office; a serious crime for which we had gathered overwhelming evidence. Such an admission of guilt, provided for in article 65 of the Rome Statute, will be a milestone in the history of the ICC. This case is also unprecedented in terms of its expeditiousness and efficiency. The arrest warrant against Mr Al Mahdi was issued in September 2015. The arrest took place in the ensuing days, facilitated by the impressive cooperation of the States involved. The initial appearance hearing was held on 30 September 2015. The charge and the legal and factual submissions in support of the charge were filed on 17 and 18 December 2015. The confirmation of charges hearing was held on 1 March 2016.  The case will shortly be referred to a Court’s Trial Chamber. It will be for the designated judges of that Chamber to decide how the case should proceed in light of Mr Al Mahdi’s stated intention to admit guilt.  This now potentially clears the way for proceedings which will benefit victims, witnesses, and the suspect himself — who, in this way, should be able to obtain a final judgement in this case in a relatively short time. The impact of my Office’s overwhelming evidence, combined with Mr Al Mahdi’s intention to acknowledge guilt together represent a positive development towards the establishment of the truth in this case and the 2012 events which left their painful mark on Timbuktu, and this World Heritage site. More broadly, it represents a further step towards the realisation of tangible justice for atrocity crimes in Mali. In addition to the ends of justice, it is my sincere hope that this judicial development will contribute to peace, stability and reconciliation in Mali.         

ICC Pre-Trial Chamber I confirms the charge against Ahmad Al Faqi Al Mahdi and commits him to trial  Today, 24 March 2016, Pre-Trial Chamber I of the International Criminal Court (“ICC” or “Court”) confirmed against Ahmad Al Faqi Al Mahdi the war crime charge regarding the destruction of historical and religious monuments in Timbuktu (Mali), and committed Mr Al Mahdi to trial before a Trial Chamber. Pre-Trial Chamber I is composed of Presiding Judge Joyce Aluoch, Judge Cuno Tarfusser and Judge Péter Kovács. The decision confirming the charges can be appealed only with the authorisation of Pre-Trial Chamber I. The ICC Presidency will assign the case to a Trial Chamber in due course. The Chamber found that the evidence presented by the Prosecutor is sufficient to establish substantial grounds to believe that Mr Al Mahdi is criminally responsible, pursuant to article 25(3)(a) (perpetration and co-perpetration); article 25(3)(b) (soliciting, inducing); article 25(3) (c) (aiding, abetting or otherwise assisting) or article 25(3) (d) (contributing in any other way) of the ICC Rome Statute, for the commission of a war crime alleged by the Prosecutor regarding intentionally directing attacks against the following buildings: 1) the mausoleum Sidi Mahamoud Ben Omar Mohamed Aquit, 2) the mausoleum Sheikh Mohamed Mahmoud Al Arawani, 3) the mausoleum Sheikh Sidi Mokhtar Ben Sidi Muhammad Ben Sheikh Alkabir, 4) the mausoleum Alpha Moya, 5) the mausoleum Sheikh Sidi Ahmed Ben Amar Arragadi, 6) the mausoleum Sheikh Muhammad El Mikki, 7) the mausoleum Sheikh Abdoul Kassim Attouaty, 8) the mausoleum Ahmed Fulane, 9) the mausoleum Bahaber Babadié, and 10) Sidi Yahia mosque (the door).   The confirmed charge concerns a crime allegedly committed in Timbuktu between around 30 June 2012 and around 11 July 2012. The Chamber indicated that the targeted buildings were regarded and protected as a significant part of the cultural heritage of Timbuktu and of Mali and did not constitute military objectives. They were specifically identified, chosen and targeted precisely in light and because of their religious and historical character. As a consequence of the attack, they were either completely destroyed or severely damaged. Their destruction was considered as a serious matter by the local population. The Chamber based its decision on the evidence presented to it by the Prosecutor and by the Defence which included witnesses’ testimonies, video materials, imagery materials, experts’ analyses, official documents emanating from Malian authorities and international organisations (including UNESCO) and media reports. It is alleged that Mr Al Mahdi, born in Agoune, 100 kilometres west of Timbuktu, Mali, was an active personality in the context of the occupation of Timbuktu. He allegedly was a member of Ansar Eddine, a mainly Tuareg movement associated with Al Qaeda in the Islamic Maghreb (“AQIM”), working closely with the leaders of the two armed groups and in the context of the structures and institutions established by them. It is alleged that, until September 2012, he was the head of the “Hisbah” (body set up to uphold public morals and prevent vice), set up in April 2012. He was also associated with the work of the Islamic Court of Timbuktu and participated in executing its decisions. It is alleged that he was involved in the destruction of the buildings mentioned in the charge. Mr Al Mahdi was surrendered to the ICC on 26 September 2015 pursuant to a warrant of arrest issued on 18 September 2015. The confirmation of charges hearing in this case took place on 1 March 2016.      

The Hague, 24 March – The Mechanism arrested today at its premises in The Hague Ms Florence Hartmann, executing an outstanding arrest warrant issued in November 2011 by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY). In September 2009, an ICTY Trial Chamber found that Ms Hartmann knowingly and willfully interfered with the administration of justice by disclosing information in violation of orders of the Appeals Chamber in a book published in 2007 and an article published in 2008, both authored by her. Ms Hartmann was sentenced to pay a fine of 7,000 euros. On 19 July 2011 the ICTY Appeals Chamber affirmed the Trial Chamber’s findings but on 16 November 2011 converted the fine, which had yet to be paid, to a term of imprisonment of seven days. As the successor to the ICTY and the International Criminal Tribunal for Rwanda, the Mechanism is responsible for matters arising from cases completed by those tribunals. Photography by www.sense-agency.com.

Tribunal convicts Radovan Karadžić for crimes in Bosnia and Herzegovina. Trial Chamber III of the International Criminal Tribunal for the former Yugoslavia (ICTY) today convicted Radovan Karadžić, former President of Republika Srpska (RS) and Supreme Commander of its armed forces, of genocide, crimes against humanity and violations of the laws or customs of war committed by Serb forces during the armed conflict in Bosnia and Herzegovina (BiH), from 1992 until 1995. He was sentenced to 40 years’ imprisonment. Karadžić was convicted of genocide in the area of Srebrenica in 1995, of persecution, extermination, murder, deportation, inhumane acts (forcible transfer), terror, unlawful attacks on civilians and hostage-taking. He was acquitted of the charge of genocide in other municipalities in BiH in 1992. The Chamber found that Karadžić committed these crimes through his participation in four joint criminal enterprises (JCE). The Overarching JCE, which existed between October 1991 and November 1995, included a common plan to permanently remove Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory through the commission of crimes in municipalities throughout BiH (Municipalities). The Chamber found that a vast number of Bosnian Muslims and Bosnian Croats in the Municipalities were forcibly displaced from their homes by Serb Forces. Other victims were arrested, detained in detention facilities, often under inhumane living conditions, subjected to torture, beatings, rape and other acts of sexual violence, and then transported out of the Municipalities. Serb Forces also killed many Bosnian Muslims and Bosnian Croats during and after the take-over of the Municipalities, in mass executions or following attacks on non-Serb villages. Karadžić significantly contributed to the Overarching JCE. Karadžić was at the forefront of developing the ideology and policies which led to the creation of a largely ethnically homogeneous Bosnian Serb state through the commission of crimes. By being at the apex of political, governmental, and military structures he was able to use his power and influence to further the objective of the Overarching JCE. The Chamber found that, in relation to the Municipalities, Karadžić is guilty of persecution, extermination, deportation, forcible transfer and murder. The Chamber was, however, unable to identify or infer genocidal intent and therefore did not have sufficient evidence to find, beyond reasonable doubt, that genocide was committed in the Municipalities. The Judges also found that between April 1992 and November 1995 Karadžić participated in a JCE to establish and carry out a campaign of sniping and shelling against the civilian population of Sarajevo, aimed to spread terror among the civilian citizens (Sarajevo JCE). During this period the Army of Republika Srpska (VRS) deliberately sniped and shelled civilians in Sarajevo on an almost daily basis throughout the conflict. “Sarajevo civilians were sniped while fetching water, walking in the city, and when using public transport.  Children were sniped at while playing in front of their houses, walking with their parents or walking home from school” said the Presiding Judge Kwon. The Chamber found that Karadžić significantly contributed to the Sarajevo JCE, both as the highest political authority in RS and Supreme Commander of the VRS. Having control over the VRS throughout the conflict, he was directly involved in military matters in Sarajevo and issued many orders at the strategic and at the operational level. Karadžić used the campaign of sniping and shelling, causing terror among the civilian population in Sarajevo, as a means of exerting pressure on the Bosnian Muslim leaders and the international community in pursuit of his political goals. The judges concluded that Karadžić is guilty of unlawful attacks on civilians, murder and terror. The Chamber also established that a JCE existed with the common purpose of taking UN personnel hostage in order to compel NATO to abstain from conducting air strikes against Bosnian Serb targets (Hostages JCE). To this end, between approximately 26 May and 19 June 1995, UN personnel were detained by Bosnian Serb Forces and taken to various locations throughout BiH. Some were handcuffed outside locations of military significance. Not only did Karadžić intend to detain the UN personnel but he also intended for threats to be issued against them during their detention in order to achieve the objective of stopping the NATO air strikes. The judges concluded that Karadžić significantly contributed to the common purpose of the Hostages JCE and that he is therefore guilty of the crime of taking hostages. Further, the Chamber found that in 1995 Karadžić participated in a JCE to eliminate the Bosnian Muslims in Srebrenica (Srebrenica JCE). Following the take-over of Srebrenica by the VRS in July 1995, ordered by Karadžić, approximately 30,000 Bosnian Muslim women, children, and elderly men were forcibly removed from the enclave to Bosnian Muslim-held territory. The Chamber found that Karadžić had the intent to permanently and forcibly remove the Bosnian Muslim population from Srebrenica. After the take-over, Bosnian Serb Forces detained the Bosnian Muslim men and boys in a number of locations in the area. Beginning on 13 July 1995 and over the following days, the detained men were taken to nearby sites where they were executed.    “As the President of the RS and Supreme Commander of the VRS, the Accused was the sole person within the RS with the power to intervene to prevent the Bosnian Muslim males from being killed” Presiding Judge Kwon said. Instead, Karadžić himself ordered that the Bosnian Muslim male detainees who were then being held in Bratunac be transferred elsewhere to be killed. The Chamber concluded that Karadžić shared with Ratko Mladić and others the intent that every able-bodied Bosnian Muslim male from Srebrenica be killed, which amounts to the intent to destroy the Bosnian Muslims in Srebrenica as such. The Chamber concluded that Karadžić is guilty of genocide in Srebrenica, on the basis of his participation in, and contribution to, the JCE. Parties have the right to appeal the judgement. Karadžić is entitled to credit for time spent in detention thus far. He has been in custody since 21 July 2008. The Trial Chamber was composed of Judge O-Gon Kwon, Presiding Judge, Judge Howard Morrison, Judge Melville Baird and Judge Flavia Lattanzi, Reserve Judge. The trial commenced on 26 October 2009 and lasted a total of 498 days during which 11,500 exhibits were admitted. The Trial Chamber took the testimony of a total of 586 witnesses of which 337 witnesses were called by the Prosecution, 248 by the Defence and 1 by the Trial Chamber. Since its establishment, the Tribunal has indicted 161 persons for serious violations of humanitarian law committed on the territory of the former Yugoslavia between 1991 and 2001. Proceedings against 149 have been concluded. Proceedings are currently ongoing for 12 accused.   Picture by The Guardian.  

  Chambre de première instance du Tribunal Penal International pour l’ex-Yougoslavie  a déclaré Radovan Karadžiæ coupable de génocide, de crimes contre l’humanité et de crimes de guerre, et a prononcé à son encontre une peine de 40 ans d’emprisonnement. Déclaration du Bureau du Procureur relative à la condamnation de Radovan Karadžić Le Bureau du Procureur se félicite du jugement rendu. ‘Nous pensons pouvoir affirmer que la Chambre a retenu les nombreux éléments de preuve établissant au delà de tout doute raisonnable la responsabilité pénale individuelle de Radovan Karadžiæ pour un large éventail de crimes, notamment ceux commis à travers la Bosnie Herzégovine et pendant le siège de Sarajevo et le génocide de Srebrenica.’ À l’issue du prononcé du jugement, le Procureur Serge Brammertz a déclaré ce qui suit : En 1993, le monde a décidé que les victimes de l’ex-Yougoslavie méritaient justice. Depuis maintenant deux décennies, les victimes ont placé leur confiance en nous pour que justice soit rendue. Des milliers d’entre elles sont venues ici raconter leur histoire et courageusement affronter leurs bourreaux. Aujourd’hui, avec cette condamnation, cette confiance a été honorée, justice a été rendue. La vérité que ce jugement établit s’élèvera contre les tentatives répétées de nier la souffrance endurée par des milliers de personnes et les crimes commis en ex-Yougoslavie. Des moments comme celui-ci ne doivent pas nous faire oublier que dans d’innombrables conflits de par le monde, des millions de victimes attendent que, pour elles aussi, justice soit faite, et ce jugement prouve que ce n’est pas une gageure. Le Bureau du Procureur remercie également la communauté internationale, en particulier le Conseil de Sécurité des Nations Unies, les Secrétaires généraux des Nations Unies et l’Union européenne. Leur engagement sans faille en faveur de l’établissement de la responsabilité des auteurs de crimes nous a permis d’arrêter tous les fugitifs et de mener à bien nos travaux. Le Bureau du Procureur estime que si ce jugement est une étape importante, la justice n’a toutefois pas encore été complètement rendue. M. Brammertz a fait observer ce qui suit : De trop nombreuses victimes en ex-Yougoslavie attendent encore que justice soit rendue. Et de trop nombreuses familles ignorent toujours ce qu’il est advenu de leurs proches. J’engage les gouvernements nationaux et la communauté internationale à continuer d’apporter leur soutien à la justice dans le cas de crimes de guerre ainsi qu’à la recherche de personnes disparues au niveau national.  

On the picture Ambassador Ahmet Üzümcü. Director-General expresses concern over alleged recent chemical attacks in Iraq The Director-General of the OPCW, Ambassador Ahmet Üzümcü has expressed serious concerns about recent reports of possible use of chemical weapons by non-State actors in Iraq including against civilians in Taza city. “The OPCW has taken serious note of these disturbing reports against the background of confirmed use of chemical weapons in Iraq. Any use of chemical weapons is abhorrent and a violation of universally accepted international norms”, said the Director-General. The Director-General has offered technical assistance to Iraq in its investigation of these alleged attacks. The OPCW had recently worked with the Iraqi authorities leading to confirmation of the use of sulfur mustard in an attack in the Kurdistan Region of Iraq.