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	Top Rwanda genocide suspect and financier goes on trial by International Criminal Court, agencies Sudan   29 Sep. 2022   Top Rwanda genocide suspect and financier Félicien Kabuga goes on trial. (AP, agencies)   One of the last fugitives charged over the Rwanda genocide to face justice, Felicien Kabuga refused to appear in court at the start of his trial on Thursday.   "Twenty-eight years after the events, this trial is about holding Felicien Kabuga to account for his substantial and intentional role in that genocide," prosecutor Rashid S. Rashid told the UN tribunal.   The 87-year-old Rwandan accused of encouraging and bankrolling the country's 1994 genocide went on trial at a United Nations tribunal Thursday, nearly three decades after the 100-day massacre left 800,000 dead.   Felicien Kabuga is one of the last fugitives charged over the genocide to face justice, and the start of his trial marks a key day of reckoning for Rwandans who survived the killings or whose families were murdered.   Naphtal Ahishakiye, the executive secretary of a genocide survivors’ group known as Ibuka, said it’s never too late for justice to be delivered.   “Even with money and protection, one cannot escape a genocide crime,” Ahishakiye said in Rwanda ahead of Thursday's trial at the International Residual Mechanism for Criminal Tribunals in The Hague.   The mass killing of Rwanda’s Tutsi minority was triggered on April 6, 1994, when a plane carrying President Juvénal Habyarimana was shot down and crashed in the capital Kigali, killing the leader who, like the majority of Rwandans, was an ethnic Hutu. Kabuga’s daughter married Habyarimana’s son.   The Tutsi minority was blamed for downing the plane. Bands of Hutu extremists began slaughtering Tutsis and their perceived supporters, with help from the army, police, and militias.   Kabuga's 15-page indictment alleges that, as a wealthy businessman with close links to the Hutu political elite, he incited genocide through the broadcaster he helped establish and fund, Radio Télévision Libre des Mille Collines (RTLM). He's also accused of having paid for weapons, including machetes, used by militias to slaughter Tutsis and their perceived supporters.   The indictment says Kabuga and others at the radio station “operated RTLM in a manner that furthered hatred and violence against Tutsi and others perceived as ‘accomplices’ or ‘allies’ ... and agreed to disseminate an anti-Tutsi message with the goal to eliminate the Tutsi ethnic group in Rwanda.”   In some cases, the broadcaster provided locations of Tutsis so they could be hunted down and killed, according to the indictment.   “RTLM broadcasts glorified this violence, celebrating killings, praising killers and encouraging perpetrators to continue the violence at roadblocks and other locations,” the indictment says.   It also accuses him of arming and supporting Hutu extremist “Interahamwe” militias, including one unit known as “Kabuga’s Interahamwe.”   Kabuga is charged with genocide, incitement to commit genocide, conspiracy to commit genocide as well as persecution, extermination and murder. He has pleaded not guilty. If convicted he faces a maximum sentence of life imprisonment.   After years of evading international efforts to track him down, Kabuga, who had a $5 million bounty on his head, was arrested near Paris in May 2020. He was transferred to The Hague to stand trial at the residual mechanism, a court that deals with remaining cases from the now-closed U.N. tribunals for Rwanda and the Balkan wars.   Yolande Mukakasana, a genocide survivor and writer who lost her entire family in the genocide, said the case has come too late for many survivors who have died since the slaughter.   “Men and women of Kabuga’s age were found in bed and murdered. Shame upon his sympathizers who cite his old age as a reason not to stand trial," she said.   Genocide survivor Justin Rugabwa told The AP that five members of his family escaped into hiding for several days during the genocide until Kabuga’s radio station revealed their whereabouts.   “When their names were read out on radio and hiding places revealed, the militias came and all died that day,” Rugabwa recalled.   http://bit.ly/3LTcdTA http://bit.ly/3dS9z49 http://news.un.org/en/story/2022/09/1128231 http://www.un.org/en/genocideprevention/public-statements.shtml   Apr. 2022   Darfur war crimes suspect appears before International Criminal Court. (UN News)   The first trial of a person accused of war crimes and crimes against humanity in Sudan’s Darfur region, has got underway at the International Criminal Court (ICC) in the Hague.   Ali Muhammad Ali Abd-Al-Rahman (also known as "Ali Kushayb") appeared in Trial Chamber I of the ICC on Tuesday, with Judge Joanna Korner presiding, alongside Judge Reine Alapini-Gansou and Judge Althea Violet Alexis-Windsor.   The suspected former leader of the pro-Government Janjaweed militia is accused of 31 counts of war crimes and crimes against humanity, allegedly committed in Darfur, between August 2003 “and at least April 2004”, said a press release from the ICC.   The Darfur conflict began in 2003, between Sudanese Government forces, backed by militia groups known as the Janjaweed, pitted against mainly non-Arab Darfur rebel movements, angry over discrimination and neglect on the part of central government. Hundreds of thousands were killed, and several million displaced by the brutal fighting.   Brutal crimes   The Janjaweed were widely accused of committing ethnic cleansing against the civilian population, burning and pillaging hundreds of villages.   Ousted former president of Sudan, Omar al-Bashir, is also facing genocide and war crimes charges relating to Darfur, in the ICC, but has so far evaded arrest. He is currently in custody in Sudan, following his removal from power in 2019.   The trial started with the reading of the charges against Mr. Abd-Al-Rahman, where he is alleged to have taken part in attacks on civilians in four Darfuri towns. He and militia members under his command, are alleged to have committed widespread rape, torture, killing and pillaging.   The ICC said that he is alleged to have implemented a counter-insurgency strategy directed by Khartoum, which “also resulted in the commission of war crimes and crimes against humanity in Darfur”.   “The Chamber was satisfied that the accused understood the nature of the charges. The accused plead not-guilty to all the charges”, said the ICC in its statement. The first expert witness is scheduled to start testifying on 6 April 2022.   Mr. Abd-Al-Rahman was transferred to the ICC's custody on 9 June 2020, after surrendering himself voluntarily in the Central African Republic. His initial appearance before the ICC took place on 15 June 2020.   The trial is taking place, amid an increase in unrest and violence in the Darfur region, following political upheaval in Khartoum, and a military coup, that has seen allegations of widespread human rights abuses.   http://news.un.org/en/story/2022/04/1115612 http://www.icc-cpi.int/Pages/item.aspx?name=pr1650 http://www.icc-cpi.int/darfur http://www.icc-cpi.int/news http://www.hrw.org/news/2022/03/29/first-icc-trial-darfur-crimes-ali-mohammed-ali-known-ali-kosheib-or-kushayb Visit the related web page
	Closing the justice gap for women by Mary Robinson Chair of The Elders, agencies   Justice is the foundation for building a better, fairer world. It is also a framework that protects societal progress and individual rights. The inability to access justice diminishes access to economic opportunity, reinforces structures that keep people poor, undermines human potential and inhibits inclusive growth.   COVID-19 has had a damaging effect on the progress made over the past 25 years towards   realising the goals of the Beijing Declaration. In 2021, 47 million more women and girls were pushed into extreme poverty, bringing the total number of women living on USD 1.90 or less to   435 million. Extreme poverty is a form of injustice, which compounds other forms and practices of discrimination.   Even under "normal" conditions, access to justice for many women is limited, if not unavailable. The pandemic has brought with it new challenges to legal institutions, highlighting concerns for women's ability to access justice safely, promptly and efficiently.   The impact of lockdowns and isolation has meant that women vulnerable to domestic violence have been further at risk of reprisals while living with their abusive partners. The situation has worsened because support services for women experiencing violence and with psychosocial needs have experienced protracted disruptions and delays due to COVID-related restrictions.   This has also resulted in delays in providing justice for survivors of gender-based violence, due to stalled investigations and court processes.   Women in prison, already marginalised and very often themselves victims of domestic violence and other forms of abuse, have also faced further hardships due to COVID-19, as a result of changes to prison regimes that do not take account of their specific needs.   In terms of the economy, industries in which women serve on the frontlines, including healthcare, hospitality, and retail, have either suffered layoffs or become overwhelmed.   The informal economy, on which many women rely, has faced severe obstructions with successive lockdowns impairing women’s livelihoods and financial security. UN Women reported the income of women working in the informal economy fell by around 60 percent during the first months of the pandemic.   The rule of law should be an emancipatory, empowering principle that helps women in their fight for equality and justice. Yet in practice, often the reverse is true, as patriarchal structures, institutions and psychologies within the justice system conspire to keep women and their justice needs ignored or demeaned.   There are three fundamental ways in which women face barriers to accessing justice: discriminatory laws; discrimination in the application of laws; deliberately complex, obtuse and inaccessible justice systems.   Mary Robinson, Chair of The Elders:   “The experience of the last two years has shown that COVID-19 has compounded injustice, particularly for women who were already in vulnerable situations. The rule of law remains an essential bulwark against abuse and discrimination but much more needs to be done to make it more robust, respected, and accessible. The Elders are deeply concerned that women will continue to be denied their rights as we move into the next stage of the pandemic unless leaders, legislators and lawyers take proactive steps to strengthen justice systems and make them more responsive to women’s specific needs. We hope this paper will catalyse conversations and help set a clear agenda for reform and progress in 2022.”   http://theelders.org/news/closing-justice-gap-women-post-covid-19-elders-launch-new-policy-paper http://theelders.org/news/we-must-strengthen-past-victories-ensure-access-justice-women-and-girls http://stateofhope.live/state-of-hope-gatherings/elders-access-to-justice-for-women-and-girls/ http://theelders.org/programmes/access-justice http://theelders.org/news-insight   June 2022    International Day for the Elimination of Sexual Violence in Conflict - Statement by UN Secretary-General António Guterres:   Sexual violence in conflict is a cruel tactic of war, torture, terror and repression. It reverberates down generations, and threatens both human and international security.   In places affected by conflict, the turmoil caused by the COVID-19 pandemic has made it even more difficult to hold perpetrators of sexual violence to account.   At the same time, survivors face new obstacles to reporting crimes and accessing support services.   Even as we respond to the pandemic, we must investigate every case, and maintain essential services for every survivor. We cannot allow this already underreported crime to slip further into the shadows. Perpetrators must be punished.   Investment in recovery from the pandemic must tackle the root causes of sexual and gender-based violence.   On this International Day for the Elimination of Sexual Violence in Conflict, let’s resolve to uphold the rights and meet the needs of all survivors, as we work to prevent and end these horrific crimes.   “Conflict-related sexual violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage and any other form of sexual violence of comparable gravity perpetrated against women, men, girls or boys that is directly or indirectly linked to a conflict. The term also encompasses trafficking in persons when committed in situations of conflict for the purpose of sexual violence or exploitation.   A consistent concern is that fear and cultural stigma converge to prevent the vast majority of survivors of conflict-related sexual violence from coming forward to report such violence. Practitioners in the field estimate that for each rape reported in connection with a conflict, 10 to 20 cases go undocumented.   UN Women expresses its grave concern at the continued use of sexual violence as a tactic of war, terrorism and political repression and calls on all parties to conflicts to commit to ceasing such acts.   Sexual violence in conflict disproportionately impacts women and girls and causes grave and lasting harm to survivors, their families and their communities, posing major barriers to peace and development.   The COVID-19 pandemic has further exposed women and girls in conflict and crisis settings to sexual violence and has exacerbated existing barriers to survivors’ access to multisectoral services and justice.   This makes our efforts to promote gender equality and achieve peace, as well as just and inclusive societies, all the more urgent and relevant.   The best way to address any type of human rights violation, including sexual violence in conflict, is to prevent it from happening in the first place, which is why it is crucial to address gender inequality as a root cause of this scourge.   As the world plans its recovery from the pandemic, we need to take an inclusive, intersectional and informed approach, one that recognizes that achieving durable peace and prosperous societies is not possible without women’s expertise, meaningful participation and leadership.   http://www.un.org/sexualviolenceinconflict/ http://www.un.org/sexualviolenceinconflict/wp-content/uploads/2021/04/report/conflict-related-sexual-violence-report-of-the-united-nations-secretary-general/SG-Report-2020editedsmall.pdf http://www.stoprapenow.org/digital-library/ http://bit.ly/2URrMVo http://kvinnatillkvinna.org/2022/06/19/we-must-keep-talking-about-rape-in-war/ http://panzifoundation.org/the-crisis/ http://www.msf.org/sexual-violence   Apr. 2022   Justice critical to fighting sexual violence in conflict. (UN News, agencies)   Pramila Patten, the UN Secretary-General’s Special Representative working to end rape as a weapon of war in a UN council meeting, underscored how prosecution for the crimes of sexual violence in conflict is critical to deliver justice for survivors and prevent future violence.   She recalled that the UN Security Council has passed 10 resolutions on Women, Peace and Security, five of which focus on preventing and addressing conflict-related sexual violence. Ms. Patten questioned what such declarations mean right now for women in Ukraine, Afghanistan, Myanmar or Tigray in northern Ethiopia.   “Every new wave of warfare brings with it a rising tide of human tragedy, including new waves of war’s oldest, most silenced, and least-condemned crime - rape and sexual violence,” she said.   Ms. Patten presented horrifying cases of rape and other violations included in her latest report, revealing what she called “the emboldening effects of impunity”. The report covers some 18 country situations and documents thousands of UN-verified cases committed last year.   Ms. Patten underscored how prosecution is critical, and a form of prevention, as it can help turn the culture of impunity for these crimes, towards a culture of deterrence.   “Whereas impunity normalizes violence, justice reinforces global norms. It is time to move from visibility to accountability, and to ensure that today’s documentation translates into tomorrow’s prosecutions,” she said.   Regarding the way forward, her report calls for targeted action to reinforce prevention, the use of early warning indicators of sexual violence as well as threat analysis, curtailing the flow of small arms, gender-responsive justice and security sector reform, together with amplifying the voices of survivors.   Justice and accountability   Nobel laureate Nadia Murad was among thousands of women from the Yazidi minority group in northern Iraq who were sold into sexual slavery and raped by ISIL terrorists, the group officially known now as Da’esh, in 2014.   Eight years on, some 2,800 women and children remain in the hands of the terrorist group, she said. “The pursuit of justice is one of the most visible forms of accountability,” she told the Council, citing the historic genocide conviction of an ISIL fighter by a German court last year. She wondered if the international community will do more.   Action, not pity   “As survivors of sexual violence, it is not easy for us to tell our stories. But we do it to prevent what happened to us from happening to others,” said Ms. Murad. “We are called brave, but the courage we really want to see is from leaders in a position to do something, whether they are Heads of State, Member States here at the UN, or corporate leaders. We need more than moral outrage; we need action.”   Ms. Murad called for the Council to refer the ISIL case to the International Criminal Court, or to establish a hybrid court that will prosecute the group’s crimes. She also urged other nations to follow Germany’s example.   Survivors have found the strength to rebuild their lives and help their families, communities, and countries, she said, so surely the world can find the strength to take meaningful steps to end sexual violence in conflict.   “As survivors, we look to you, the leaders in this room, to act with the same courage we have shown. Survivors do not want pity; we want justice.”   During the debate, Ms. Murad announced the launch of a new initiative for collecting evidence of rape in war. The Murad Code is a set of guidelines for investigators and others documenting and investigating conflict-related sexual violence. The guidelines were shaped by feedback from survivors around the globe, she said, and aim to promote greater respect, understanding, transparency, and healing.   Two civil society representatives from Syria and Ethiopia also briefed ambassadors.   Legal investigator Mariana Karkoutly said although the Syrian war has been on the Security Council agenda for more than a decade, no action has been taken to hold perpetrators accountable for violations of international human rights and humanitarian law.   She reported that at least 150,000 people are estimated to have been arbitrarily arrested, detained or disappeared since the war began. Nearly 10,000 women are among the scores of Syrians being held in detention centres, where sexual violence is used as a tool to humiliate, punish and force confessions.   Ms. Karkoutly, co-founder of an organization for women lawyers called Huquqyat, outlined a list of actions for the Council that included referring the situation in Syria to the International Criminal Court, adopting a resolution on detainees and missing persons, investigating and prosecuting perpetrators of sexual violence, and ensuring women’s rights are at the heart of accountability efforts.   “When people in Syria watch conflicts rage in Ukraine and other parts of the world today, we are reminded of our own suffering, and the abject failure of this body to stop the violence,” she said. “I join my voice with those of the millions of girls and women from Syria who are not here with me today and call on you to take action. There can be no peace without justice.”   Hilina Berhanu from Ethiopia spoke of her visits to the Tigray region, where rape has been used as a tactic of war or means of reprisal.   This violence is ethnically motivated, she said, and used to humiliate survivors and their communities. Men and boys have also been victims, while women with disabilities, and those from minority and indigenous communities, have been particularly at risk.   Ms. Berhanu urged the Security Council to demand that all efforts towards documenting, investigating and preventing sexual violence in conflict are centred around survivors. Ambassadors must also demand that warring parties allow safe humanitarian access to people in need in Tigray and elsewhere, and that aid includes comprehensive sexual and reproductive healthcare.   "Lack of access to psychosocial support services also means that the mental health of survivors hangs in the balance. Many have already died by suicide," she said.   Ms. Berhanu had a special request for the three African countries on the Council – Gabon, Ghana and Kenya -- urging them to work both at the UN and in the Africa Union to drive forward action on women, peace and security.   These countries were also asked “to take a harder look at the prevailing view that supporting investigations of conflict -elated sexual violence in Ethiopia could somehow derail the proposed reform agenda of the current government.”   http://news.un.org/en/story/2022/04/1116192 http://www.nadiasinitiative.org/news/nadia-murad-delivers-speech-at-un-security-council-open-debate-on-sexual-violence-in-conflict http://www.fidh.org/en/issues/international-justice/universal-jurisdiction/universal-jurisdiction-review-2022-conflict-related-sexual-violence   * The Murad Code: Is a global, voluntary code of conduct for those collecting information from survivors of systematic and conflict-related sexual violence. The Murad Code’s full title is the “Global Code of Conduct for Gathering and Using Information about Systematic and Conflict-Related Sexual Violence”.   The Code is named after the Nobel Peace Prize laureate, Nadia Murad, which reflects its objective to place survivors’ rights and well-being at its heart. The Murad Code project key objective is to respect and support survivors’ rights and to ensure work with survivors to investigate, document and record their experiences is safer, more ethical and more effective in upholding their human rights.   http://www.muradcode.com/murad-code Visit the related web page
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