Tag Archives: ICC

26 September 2013

LGBT Rights in Uganda: a case study of Shared Responsibility?

Discrimination against homosexuals and lack of recognition of LGBT rights in Africa has been a pressing concern for a number of human rights organizations in recent years. The situation in Uganda has received particular attention, following the passage of anti-gay legislation in 2009 and the practice of some local newspapers to “out” certain homosexuals, accompanied by calls for their execution. While this is an obvious human rights issue, some recent initiatives are bringing the question in the realm of international criminal law, which bring to the fore interesting questions in relation to shared responsibility. (more…)

3 April 2013

The Surrender of Ntaganda to the ICC: A Story of Shared Responsibility Success

While many have speculated as to why Ntaganda decided, after so many years, to hand himself in, what is interesting from the perspective of shared responsibility under international law is the ease with which he was transferred to the International Criminal Court (ICC). The situation was fraught with potential legal complications, given that it involved multiple international actors with the potential power to prevent the transfer. Despite this, Ntaganda was seamlessly handed over to the ICC within 5 days.

UntitledBosco Ntaganda is a suspected warlord and key figure in the conflict in the eastern¬†Democratic Republic of Congo (DRC). The ICC has issued two arrest warrants against him, one in 2006 and the other in 2012, for international crimes including rape, murder and the recruitment of child soldiers. The arrest warrants concern crimes committed in 2002-2003, however he has continued to be active in the region. More recently Ntanganda is thought to have headed the M23 rebel group, which took the DRC city of Goma last November. (more…)

11 February 2013

Acquitted Congolese ex-militia boss seeks Dutch asylum

Former Congolese militia boss Mathieu Ngudjolo Chui, who was acquitted of war crimes by the International Criminal Court (ICC) late last year, has applied for asylum in the Netherlands, his lawyer said on Saturday 9 February 2013. After being freed from the ICC’s detention centre, he was immediately arrested by Dutch police because he did not have papers allowing him to remain in the Netherlands. He is currently being held in a Dutch detention centre for asylum seekers.

Source: NRC | Vrijgesproken rebellenleider Congo vraagt asiel aan in Nederland (in Dutch only)

24 January 2013

Update – The Dutch Courts and Asylum at the ICC: From Shared Obligations to Obligations of No One

In October 2012, the SHARES Blog carried a post that discussed a September Dutch Court decision concerning the on-going asylum situation at the ICC. Since then there are have been two important developments: the matter has been taken to the European Court of Human Rights (ECtHR) and the original Dutch decision has been overturned on appeal. (more…)

21 January 2013

Witnesses in ICC Detention Centre not within the jurisdiction of the Netherlands

On 17 December 2012, the Court of Appeal of The Hague decided that three Congolese witnesses who had testified before the International Criminal Court (ICC) and who were still being detained in the ICC Detention Centre in the Hague, were not within the jurisdiction of the Netherlands in the sense of Article 1 of the European Convention on Human Rights. The three witnesses had applied for asylum in the Netherlands. However, the Court held that the Netherlands was not obliged to take over the witnesses from the ICC. The Court followed the judgment of the ECtHR in the case Djokaba Lambi Longa v. The Netherlands (8 October 2012, application no. 33917/12).

Source: Gerechtshof 's-Gravenhage | Judgment, 18 December 2012 | LJN: BY6075 | 200.114.941/01 (in Dutch)

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