By Mete Erdurcan and Baron Henri Estramant.   The Ngwenyama of Swaziland, His Majesty King Mswati III, opened the new session of the Swazi parliament on Thursday, 26 February 2015. He addressed the nation and urged them to ‘protect the country’ from certain groups that can portray a negative image of Swaziland to the world. To maintain the country’s good image, the Ngwenyama of Swaziland (lit. “Lion of Swaziland) urged his subjects to remain “loyal” and be “patriotic”. King Mswati III, born under the name of Prince Makhosetive Dlamini (of the Royal Clan Dlamini) on 19 April 1968, is the last semi-absolute monarch of Africa, and the world. At the time of his appointment to the throne, he was the youngest reigning monarch, being merely 18 years and 6 days back in 1986. The Ngwenyama of Swaziland sways a lot of political power in the sub-Saharan country, fully engulfed by South Africa. He appoints the Prime Minister, other top governmental posts, as well as the traditional chieftains. However the King’s powers are not “absolute” as often stated in the international media. He must adhere to Swazi customs, and cannot even choose his own successor amongst his sons as rules of succession are complicated, and determined by tradition and origin; though the Ngwenyama must belong to the Dlamini Clan. He is considered to be the country’s administrative Chief of State whereas the Indlovukazi (Queen Mother, or lit. Great-She Elephant) is the traditional, ceremonial and religious Head of State. According to Swazi protocol the Indlovukazi, Queen Ntfombi even outranks her son.   In 1973, the Parliament of Swaziland was disbanded by the late King Sobhuza II (reigned 1921-1982), but reinstated by King Mswati III. To decide on the matter of cabinet appointments, The King is advised by His Prime Minister.    

  In the context of its on-going preliminary examination of the situation in Colombia, a delegation from the Office of the Prosecutor (“OTP” or “Office”) of the International Criminal Court (“ICC” or the “Court”) conducted a mission to the Republic of Colombia from 1 to 13 February 2015. The purpose of the mission was for the Office to continue its constructive engagement with the Government of Colombia and to assess progress on national proceedings in relation to the areas of focus identified in the interim report on the situation, published in November 2012, in particular on sexual crimes, the killings known as “false positives” and forced displacement. These are three of the five areas on which the Office is focusing its attention. The current phase of the preliminary examination of the situation in Colombia requires the OTP to examine relevant national proceedings to determine whether all those most responsible for the most serious crimes under the subject matter jurisdiction of the Court are being brought to account. In particular, the OTP is required to assess whether on-going investigative steps in relation to specific cases are concrete and progressive. The evaluation is not based on future developments, but rather on concrete existing facts. The Prosecutor reiterates her support to Colombia’s ongoing efforts to bring an end to the decades-long armed conflict, in line with its obligations under the Rome Statute.  The principles of the Rome Statute reflect the consensus of the international community in recognizing the integral role of justice in ensuring sustainable peace, stability and security.  Peace and justice are indeed mutually reinforcing. During the visit, the Office held talks with senior officials from the executive and the judiciary, as well as with representatives from civil society and international organisations.  Meetings were also held with the Inspector General of the Nation (Procurador General de la Nación) and members of Congress, at their request.  The Prosecutor is grateful to the Government of Colombia for facilitating the visit and for providing the necessary support. The OTP looks forward to continued engagement with the Government of Colombia, and civil society.

Picture credit PA Images

By Baron Henri Estramant. 

 

Their Majesties The King and Queen of Tonga are in Europe to heed businesses concerning their upcoming coronation due to take place in July 2015. 

The Royal Couple of the “Friendly Islands” were received in audience by the British monarch, and her husband at Windsor Castle on 27 February. The royals discussed bilateral relations as well as relations within the Commonwealth of Nations of which Tonga is a member. Queen Elizabeth II is the Commonwealth’s figurehead. 

Before their jaunt to London, King Tupou VI addressed delegates at the opening of the 38th Session of the Governing Council of the International Fund for Agricultural Development (IFAD), on Monday 16 February, and later in the day had an audience with the Bishop of Rome, Franciscus in the Apostolic Palace at the Vatican City-State.

The reason behind the courtesy visit was the election of the very first cardinal from the Pacific archipelago, hailing from Tonga, Cardinal Soane Patita Paini Mafi. Thereby making him one of the élite cardinals entitle to vote for a successor of St. Petrus. 

 

Statement of the ICC Prosecutor at a press conference in Uganda: justice will ultimately be dispensed for LRA crimes.   ‘Welcome and thank you for your presence here today.  As you may know, while I have had the privilege to visit Uganda in the past in my previous role as Deputy Prosecutor, this is my first official visit to the country as Prosecutor of the International Criminal Court (“ICC” or the “Court”). I am honoured to be here. I attach great importance to personally visiting situation countries under the jurisdiction of the Court; first and foremost, to meet with affected communities as well as the authorities, civil society, and members of the media, among other stakeholders. I’m sure you have many questions.  I look forward to answering them following my remarks. Allow me at the outset to recall where we started, where we stand today and where we are headed in our long journey to bring justice to the victims of mass crimes committed by the Lord’s Resistance Army (“LRA”). Let me first reassure the people of Uganda and, in particular, the people of the North as well as Mr. Ongwen’s family, that Mr. Ongwen will be treated with dignity throughout the proceedings at the Court and subjected to a fair and impartial judicial process of the highest international standards that will fully respect all his rights as a defendant. A panel of three independent judges will listen to all sides and assess all evidence and submissions before taking any decision. At all times, it will be up to my Office to prove its case against Mr. Ongwen. The Republic of Uganda ratified the Rome Statute – the Court’s founding treaty – on the 14^th of June 2002. On the 16^th of December 2003 and in the exercise of its sovereign right under the Statute, the Government of Uganda referred the situation in Northern Uganda to the Office of the Prosecutor of the ICC. The referral letter cited LRA and called for its members who had committed crimes in Northern Uganda to be brought to justice. The Office of the Prosecutor made it clear to the Government that all sides involved in the conflict in the North would be investigated and the evidence alone would determine which individuals would ultimately be charged, irrespective of status or affiliation. I wish to underscore here that, without exception, we conduct our investigations in complete independence and impartiality.  We have always been, and continue to be, guided by these same principles with respect to our work in Uganda. On the 28^th of July 2004, following a rigorous process of assessing whether legal requirements for opening an investigation had been met, the Office of the Prosecutor opened investigations into the alleged crimes committed in Northern Uganda. The evidence we collected demonstrated that crimes against humanity and war crimes – including the mass killing and mutilation of civilians, the abduction of tens of thousands of children and the sexual enslavement and rape of young girls – were committed by the LRA in all regions of Northern Uganda. The evidence also implicated senior commanders in the LRA, namely Joseph Kony; Dominic Ongwen; Okot Odhiambo; Vincent Otti and Raska Lukwiya as being the most responsible for mass crimes. We presented the evidence at our disposal to a panel of three independent international judges and requested the arrest of these five individuals. After careful consideration and assessment of the evidence, on the 8^th of July 2005, the Court’s judges issued warrants of arrest against these top five commanders. All LRA commanders who are the subject of ICC warrants of arrest, including Mr Ongwen, were charged for crimes they are alleged to have committed as adults. We do not prosecute child soldiers for crimes committed under the age of 18. This is a strict requirement of the Rome Statute. We remain confident that one day, Joseph Kony will face justice for the enlistment and recruitment of children – including Mr. Ongwen – to participate in his campaign of violence. Over the course of many years, the LRA, under the leadership of the five commanders, has continued to commit heinous crimes not only in Northern Uganda but in the Central African Republic (“CAR”) and the Democratic Republic of Congo (“DRC”). On the 16^th of January 2015, the numerous coordinated efforts over the years by civil society, the governments of Uganda, DRC, CAR, and the United States of America, as well as the African Union and the ICC, finally paid off when Mr. Ongwen was transferred to the custody of the Court after nearly a decade of evading justice. His transfer sends a firm and clear message that no matter how long it takes, the Office of the Prosecutor and the international community at large will spare no effort to ensure that victims of mass crimes ultimately receive justice. This is a promising development, but it is only the beginning. Let me emphasize this message to Joseph Kony: Leave the bush and encourage other members of the LRA to do the same. Stop committing crimes against your own people and others, do the right thing and surrender. At the ICC, you will be treated fairly and impartially, in accordance with highest standards of justice, and with full respect for your due process rights as a defendant.  You have the opportunity to plead your case in Court and let the judicial process establish the truth.  There is no future in violence and brutality. Let me be equally clear to all other LRA fighters and followers: You have nothing to fear from the ICC. We are only concerned with those five top commanders against whom the Court has issued warrants of arrest.  Abandon violence and choose a new, more promising path; a path which has a future.  Return to your families, communities and country, and start the process of rebuilding your life.  It is not too late. So, what comes next in the Ongwen case, you may ask? As a first step, on the 26^th of January 2015, Mr. Ongwen appeared before the Court’s judges who explained to him his rights, including the right to freely choose his own lawyer. The next step will be the confirmation of charges hearing.  Although the judges have provisionally scheduled these proceedings for August of this year, my Office has asked for an extension in light of the many years that have passed since arrest warrants were issued in this case. The additional time requested can also be of assistance to Mr. Ongwen in preparing his defence. The process of facilitating preparations for Mr. Ongwen’s defence has started. This entails, amongst other things, providing Mr. Ongwen’s lawyer and legal team with all the information he needs to prepare his defence, such as the evidence my Office has gathered against him. My Office has always benefited from the strong cooperation of Ugandan authorities, for which we are thankful.  Throughout this process, the continued cooperation of the Government of Uganda with both my Office and the defence will be crucial. Following my meetings with Uganda government officials today, I am confident of the Government’s cooperation and support to my Office, to the defence and the Legal Representatives of Victims, as we continue on the path of fair and impartial justice for the people of Uganda. I am also pleased to announce that tomorrow, I will be travelling to the North of the country where I will meet with community and religious leaders as well as affected communities in Gulu, Lira and Soroti, as part of my efforts to explain our work and to listen and address concerns.  I very much look forward to this opportunity. I have ensured that my team will regularly visit Uganda, and in particular the North, to continue engaging with affected communities and to keep them all informed of the latest developments in the case as proceedings progress. My appeal to you and to all Ugandans, and in particular affected communities, is this: The wheels of justice may turn slowly but turn, they surely will; let us leave justice to take its course. Let us embrace the independent and impartial judicial process offered by the Court as a means of bringing healing and closure for victims of mass crimes and to ensure the atrocities that devastated communities in Northern Uganda will never happen again. We are committed to these goals. We are committed to seeing peace and stability thrive in Uganda on the strength of justice and the recognition of the importance of the plight of victims and affected communities.’

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following the Appeals Chamber decision upholding the acquittal in the Ngudjolo Chui case.   The Appeals Chamber today dismissed, by a majority 3-2 decision, my Office’s appeal against the acquittal of Mr. Mathieu Ngudjolo Chui in December 2012 on charges of crimes against humanity and war crimes in relation to the attack on the village of Bogoro on 24 February 2003.  This decision brings the case to a close. The decision does not negate the fact that crimes were committed in Bogoro or the suffering of the victims. My Office spared no effort in the prosecution of the case and exhausted all judicial remedies available to it. Today’s final outcome is one that has been reached through an independent and impartial judicial process that fully respected the rights of all parties and participants to the proceedings. My Office remains most committed to bringing an end to impunity for mass crimes perpetrated in the situation of the Democratic Republic of the Congo. This crucial work will continue unabated.