NCICC Blog

Court Jails Kabiru Mohammed, 112 Boko Haram Members

The special court designated to try terrorism related cases sitting at the Wawa Military Cantonment in Kainji, Niger State, has sentenced 113 Boko Haram members to jail over their involvement in act of terrorism.

The defendants who were sentenced to various jail terms were arraigned by the federal government, on various charges ranging from membership of the proscribed Boko Haram group, concealing information vital to security agencies, providing support to the sect, participating in acts of terrorism which resulted in the deaths of many persons and murder.

Those sentenced include, one Kabiru Mohammed from Kaban-Magadan, in Funtua, Katsina State. He was accused of receiving training in the use of explosive and other terrorism items.

He was also accused of participating in series of attacks in Bama, kunduga, baga in Borno State and Damaturu in Yobe State, which resulted to lots of deaths in the two states.

According to him, he joined the sect in 2013 and rose to become a leader. He was said to have led others in carrying out attacks as well as instructing them to carry out attack on people and communities.

Mohammed, who disclosed that he voluntarily joined Boko Haram, said that at a time he became tired of the kind of live he was leading and threw away his gun and ran to Katsina State, his home town.
He was arrested in 2015 at a motor park in katsina.

He pleaded guilty to all the 7-count charge and was consequently sentenced to 30 years imprisonment with hard labour on each of the counts, which are to run concurrently from the day of his arrest.

Next is one Adamu Mohammed, 22 years old from Gombe State, who was charged with the murder of six people as well as throwing a bomb at a market place. While he admitted to killing six persons through the use of a short gun, he however claimed he threw the bomb in a river and not in a market place.

He was sentenced to 25 full calendar years with hard labour in a maximum prison and without an option of fine.
Banzana Yusuf, from Kano State, on his part bagged 20yrs for his role in the planning and kidnapping of the Chibok School girls in 2014.

So also is 25 years old Shetima Modu, arraigned on a four-count charge of engaging in terrorism activities.
He admitted participating in attacks on a church in Mala village as well as another attack in Gonuri village where seven people were killed.

One Sabo Kyari Mohammed, who was described by the Department of State Service (DSS) as a “strong member of Boko Haram”, however bagged a jail term of five full calendar years.

Part of his charge include providing surveillance for the group and participating in the attack known as “ operation point and kill” in his village, Musau in Borno State.

He was arrested by men of the Nigerian Army in Jos, Plateau State along with his wife and two children.
In handing down the sentence, the trial judge stated that, though the defendant being a 1st time offender, the court ordinarily ought to have showed him mercy in the judgment, but, “due to the carnage and wanton destruction of lives their action caused society, he is to serve a 5 full calendar years imprisonment.
“ This is to serve as a deterrent to himself and others like him “, the judge held.
Also sentenced is Zainab Idris, wife of Boko Haram commander, Babawo Idris.

Zainab was arrested in 2014 with her two children, while on her way to join her husband in Sambisa forest.
Her husband, popularly known as Idoko or Nagada was number 156 on the military’s wanted list before his arrest last September.

The court sentenced her to 4 years imprisonment for being a member of a proscribed group.
However, the court held that haven been in custody since 2014, it is possible that she has served her jail term and consequently ordered that she be released.

The judge, in addition ordered that she be taking to a rehabilitation center, “ for de-radicalization, and monitored under strict surveillance to avoid going back to Boko Haram”.

The judge advised her to learn a trade at the center so as to become useful to herself, her children and society in future.

However, the case of a notorious member of the sect, Mohammed Zakariya, also known as “Butcher”, could not be taken on the grounds that he was mentally sick.

The court consequently ordered that he be taken to a psychiatric for treatment and adjourned till November 14 for his arraignment.

The special sitting of the court, which held between Monday and Tuesday heard over a hundred cases.
A total of 111 persons were discharged / acquitted or had their cases struck out for lack of evidence to support the charges, while nine others were adjourned to Abuja.

SOURCE:  https://www.thisdaylive.com/index.php/2018/07/12/court-jails-kabiru-mohammed-112-boko-haram-members/

NCICC Blog

Supreme Court Merges 2 Petitions seeking Philippines withdrawal from…

The Supreme Court (SC) has consolidated two petitions seeking to void the Philippine government’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

With this consolidation, the high court is set to conduct oral arguments for the petitions on Aug. 7 at 2 p.m. at the SC New Session Hall, new SC Building, Padre Faura Street in Manila.

The SC also required the counsels for both parties to attend the preliminary conference for the oral argument on July 31 at the same venue.

The first petition was filed by opposition Senators Francis “Kiko” Pangilinan, Franklin Drilon, Paolo Benigno “Bam” Aquino, Leila de Lima, Risa Hontiveros, and Antonio Trillanes IV filed petition for certiorari and mandamus and said that under Article VII Section 21 of the 1987 Constitution, “entering into treaty or international agreement requires participation of Congress, that is, through concurrence of at least 2/3 of all the members of the Senate.”

Last week, de Lima, one of the petitioners, asked the SC to allow her to participate in the oral arguments.

“This Honorable Court is respectfully asked to take judicial notice of its practice of permitting members of Congress to appear before it and argue their cases,” de Lima said in her four-page manifestation with motion.

The detained senator is the lead counsel for the minority senators.

The lawmakers also asked the high court to compel the Department of Foreign Affairs (DFA) and the Philippine Permanent Mission to the United Nations to notify the United Nations Secretary General that the Philippines is revoking the notice of withdrawal that it received last March 17.

The diplomatic note stated that the “decision to withdraw is the Philippines’ principled stand against those who politicize and weaponize human rights, even as its independent and well-functioning organs and agencies continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect the people.”

The petitioners said the Rome Statute is a treaty validly entered into by the Philippines that has the same status as a law enacted by Congress.

In withdrawing its membership from the ICC, the petitioners claimed that the respondents committed usurpation of legislative powers, which is punishable under the Revised Penal Code.

The second petition was filed by the Philippine Coalition for the International Criminal Court (PCICC) led by former Commission on Human Rights chairperson Loretta Ann Rosales.

Named respondents in the petition were Foreign Affairs Secretary Alan Peter Cayetano, Executive Secretary Salvador Medialdea, Philippine Ambassador to the UN Teodoro Locsin Jr., and Chief Presidential Legal Counsel Salvador Panelo.

The respondents will be represented by the Office of the Solicitor General.

On March 14, President Rodrigo Duterte announced the Philippines’ withdrawal of its ratification of the Rome Statute, a United Nations (UN) treaty creating the ICC.

In the statement, Duterte cited “baseless, unprecedented and outrageous attacks” against him and his administration as the reason for his withdrawal as a state party.

“Given the baseless, unprecedented and outrageous attacks on my person as well as against my administration, engineered by the officials of the United Nations, as well as the attempt by the International Criminal Court special prosecutor to place my person within the jurisdiction of the International Criminal Court, in violation of due process and the presumption of innocence expressly guaranteed by the Philippine Constitution and recognized no less by the Rome Stature, I therefore declare and forthwith give notice, as President of the Republic of the Philippines, that the Philippines is withdrawing its ratification of the Rome Statute effective immediately,” the President said in a statement.

This came after ICC special prosecutor Fatou Bensouda began a preliminary examination on the alleged human rights violations amid the Duterte administration’s intensified war on drugs. (PNA)

SOURCE; https://www.ptvnews.ph/sc-merges-2-petitions-vs-ph-withdrawal-icc/

NCICC Blog

31st AU Summit ends in Mauritania

The 31st African Union summit ended in Nouakchott, Mauritania on Monday with advisory decisions on Libya, Somalia and South Sudan.

Twenty two (22) African heads of states, four prime ministers and two foreign ministers attended the two-day summit.

In a statement, the African Union’s Peace and Security Council said international actors should resume their efforts to implement a UN plan which aims to secure stability, territorial integrity and security in Libya.

The statement emphasized the humanitarian conditions in South Sudan and said the parties should fulfil their obligations.

On Somalia, it said the AU supports activities of its federal government in the transition period, while tasking the UN to finance the AU’s mission in Somalia.

Chairperson of the AU and Rwandan President Paul Kagame said the African Continental Free Trade Area agreement was among issues that topped the summit’s agenda.

Kagame said five more countries signed the agreement.

NCICC Blog

Nigeria: Herdsmen Attack 11 Plateau Villages, kill More Than…

Plateau State was on Sunday thrown into mourning with the killing of 86 persons in the attacks on about 11 communities in the Gashish District by suspected Fulani herdsmen.

The Police Command in Plateau State had earlier on Sunday confirmed the attacks, saying it had only recovered 11 corpses from some of the villages. But residents had insisted that about 200 people were killed by the marauding herdsmen.

However, the police later issued a statement that indicated that the death toll in the attack on the communities in the Barkin Ladi Local Government Area on Saturday night had risen to 86. It added that six people were injured, 50 houses burnt, 15 motorcycles razed while two motor vehicles were torched.

The spokesperson for the Plateau State Police Command, Matthias Tyopev, an Assistant Superintendent of Police, in an updated statement issued on Sunday night, said the earlier 11 death toll in the attacks was due to the information at its disposal as of then before the arrival of the search and rescue team from the Barkin Ladi LGA.

Tyopev had identified the 11 corpses as Dalyop Vanode, Dom Danladi, Bururu Wade, Joju Rala,Titus Danladi, Bitrus Malat, Alu Matir, Noron Monday, Cecilia Yohana, Dam Bulus and Ladi Danladi.

He said, “Sequel to the attack in the Gashish District of Barkin Ladi LGA yesterday (Saturday) June 23, 2018, the Commissioner of Police, Plateau State Command, Jos, Undie Adie, after deploying more personnel in the district sent a search and rescue team from the Command headquarters today (Sunday) for an on-the-spot assessment.

“The team headed by ACP Edeh John of the Department of Operations had also the DPO of the Barkin Ladi Division and a Unit Commander from Mopol 38. After a careful search of the villages attacked in the District,  the following were discovered: 86 persons altogether were killed, six people injured, 50 houses burnt, 15 motorcycles and two motor vehicles also burnt.

“The team also carried out a detailed deployment. Corpses were released to the families for burial. The command earlier in the day confirmed only 11 people dead as the result of the attacks due to the information at its disposal before the arrival of the search and rescue team from the Barkin Ladi LGA. This is to update members of the public of the situation as regards the attacks in the Gashish District as promised earlier on.”

Also, there were fears that some soldiers were missing during the attack but the Commander of the Special Military Task Force codenamed Operation Safe Haven, Maj. Gen. Anthony Atolagbe, dismissed the report. He said, “it’s not true, no soldier died and no soldier is missing.”

 

SOURCE:  Punch. https://punchng.com/herdsmen-attack-11-plateau-villages-kill-86-torch-50-houses/

NCICC Blog

2018 NGO-ICC ROUND-TABLE HIGHLIGHT

The 2018 NGO-ICC roundtable held on the 14th of May  and lasted to the 19th at the Hague, Netherlands. members of several civil society organizations attended and deliberated on the way forward for the International Criminal Court after 20 years.

Peter Lewis the registrar of the court opened the round-table by reiterating the importance of the Rome Statute and the great spirit that saw to the establishment of the Court. Speaking on the role of  civil society organizations, he   stated that they play a crucial role  in supporting the court system and encouraged them not to relent as they are the conscience of the court and have continued to remind the court of its mission.

The ICC Prosecutor Fatou Bensouda  in her speech, stated that we must invigorate a firm commitment to stand by the values of the court and continue to  march forward in the fight against impunity for the worlds gravest crimes, she affirmed that international criminal justice is on the march and civil society organizations  should continue to support the court to enhance and empower its ability to demonstrate the full potential of the Rome Statute

On his part the president of the court Chile Osuji  stated that they is  rallying call for the world to amplify  its involvement in protecting and refreshing interest in the importance of the Rome Statute and call on everyone to do so as it is more urgent than ever..

NCICC Blog

Witness Tampering: Prosecutor Proposes Maximum Sentence for Bemba and…

The International Criminal Court (ICC) prosecutor has proposed a maximum sentence of five years imprisonment for Congolese opposition leader Jean-Pierre Bemba and his two former lawyers, who are due to receive fresh sentences for witness tampering. The prosecutor says she does not oppose the imposition of a monetary fine on the trio, who have up to the end of this month to make their own sentencing submissions.

Bemba and his former lawyers, Aimé Kilolo Musamba and Jean-Jacques Mangenda Kabongo, will receive new sentences following the March 2018 reversal of their earlier sentences by an Appeals Chamber at the ICC.

In the initial sentencing in March 2017, Bemba was handed a one-year prison term and a fine of €300,000; Kilolo received a two-and-a-half year suspended sentence plus a fine of €30,000; while Mangenda was sentenced to 11 months in jail, suspended for two years.

However, the Appeals Chamber found that the trial chamber committed errors in assigning lower sentences to accessories to a crime rather than to co-perpetrators in suspending the sentences for Kilolo and Mangenda, and in assigning less gravity to false testimony on “non-merit” issues relative to false testimony on “merit” issues of a case.

Furthermore, the Appeals Chamber overturned Bemba and his lawyers’ conviction over presentation of false oral testimony but confirmed all the other convictions of giving false testimony and corruptly influencing witnesses.

In the April 30, 2018 sentencing submissions, prosecutor Fatou Bensouda stated that, in deciding on the new sentences, the trial chamber should increase the individual and joint sentences for each of the three convicted persons to a five-year term of imprisonment.

Bensouda contends that the false testimony given by witnesses on “non-merits” issues was grave because the information was crucial for the judges in Bemba’s main trial to determine the credibility of witnesses and the reliability of their evidence.

The prosecutor argues that Bemba and Kilolo deserve a sentence that is commensurate with their criminal responsibility for having contributed to the false testimony of 14 of the 34 witnesses that testified for Bemba in his trial for war crimes and crimes against humanity. She says Mangenda’s sentence should likewise reflect the true extent of his assistance to the false testimony of nine witnesses.

Article 70 of the Rome Statute on administration of justice, under which Bemba and his associates were convicted, provides that in the event of a conviction, judges may impose a term of imprisonment not exceeding five years, a fine, or both.

In the sentencing submissions, the prosecutor “welcomes” the imposition of a fine in addition to the five-year prison sentences. However, she notes that because the convicted persons’ financial situations are unclear, the trial chamber should determine whether such an additional fine should be imposed.

In addition, the prosecutor asks judges to order Kilolo and Mangenda back into custody to serve the new sentences imposed. The two were released from ICC detention in October 2014, having spent eleven months in pre-trial detention.

SOURCE:  International Justice  Monitor https://www.ijmonitor.org/2018/05/witness-tampering-prosecutor-proposes-maximum-sentence-for-bemba-and-his-former-lawyers/

Downloads

Mali War Crimes Suspect to Appear before Judges in…

An Islamist militant suspected of committing war crimes in Mali is due to appear before the International Criminal Court (ICC) in The Hague on Wednesday, three days after the Malian authorities handed him over into the court’s custody last week.

The ICC indicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes allegedly committed when he served as the de-facto chief of religious police after his jihadist group seized control of Mali’s capital Timbuktu in 2012.

Charges against him include the destruction of cultural monuments and enforcing policies that led to sexual enslavement of women and girls.

Prosecutors accuse him of being a member of Ansar Dine, one of several Islamist militant groups to have waged an insurgency against the government since 2012.

During his initial appearance, Al Hassan, 40, will be informed of the allegations outlined in his arrest warrant and the court will verify his identity. He is not yet required to enter a plea.

Ansar Dine took over Timbuktu, known for its religious sites dating to its 14th century golden age. It was once a major trading hub and a centre of Sufi Islam – a branch of the religion seen as idolatrous by some hardline Muslim groups.

The group enforced its version of Sharia law. Al Hassan had unveiled women thrown in jail and beaten and was also instrumental in enforcing forced marriages which led to rapes and sexual slavery, according to media reports.

Last year, the ICC sentenced war criminal Ahmad al-Faqi al-Mahdi to nine years in prison after he pleaded guilty to the destruction of cultural heritage sites in Mali. He is expected to appear as a witness against Al Hassan.

Victims’ groups had been critical of the limited scope of Al-Mahdi’s indictment, but Al Hassan’s arrest and transfer was hailed as a new stage in Mali persecutions.

“We are satisfied that the court listened to us and widened the scope of prosecutions in the Mali case to include crimes against persons and especially sexual and gender-based crimes,” Moctar Mariko, a Malian human rights activist, said in a statement.

SOURCE: TimesLive https://www.timeslive.co.za/news/africa/2018-04-04-mali-war-crimes-suspect-to-appear-before-judges-in-the-hague/

NCICC Blog

Sudanese Security Files Criminal Charges Against Al-Mahdi

April 3, 2018 (KHARTOUM) – Sudan’s state security prosecutor office Tuesday has filed charges, some of which are punishable by death, against the leader of the opposition National Umma Party (NUP) Sadiq al-Mahdi, accusing him of plotting with armed groups to overthrow the regime of President Omer al-Bashir.

Last month, the opposition umbrella Sudan Call, which encompasses political and armed groups, held a meeting in Paris and chose AL-Mahdi as its leader.

On Monday, the Sudanese President Omer al-Bashir threatened to take decisive actions against political parties allied with the rebel groups, saying he would never allow combining the armed action against the state and the political action under any title.

The semi-official Sudan Media Center (SMC) on Tuesday said the state security prosecution has filed criminal charges against AL-Mahdi for dealing and coordinating with the armed movements that seek to topple the regime.

“This comes after the National Intelligence and Security Services filed a petition at the state security prosecution against Sadiq AL-Mahdi and others,” said the SMC

The state security chief prosecutor Muatasim Abdallah directed to file criminal charges under articles 21,25,26,50,51,53,63 and 66 of the 1991 Criminal Code as well as articles 5 and 6 of the Counter-Terrorism Act.

According to the prosecutor, the criminal charges “were filed against the backdrop that AL-Mahdi in his capacity as the chairman of the NUP signed with the Sudan Revolutionary Front and the armed movements a declaration of principles and issued a final communique stating joint coordination to overthrow the regime by force of arms beside inciting the residents through the social media to rebel against the state and to wreak havoc”.

It is noteworthy that the Paris meeting of the Sudan Call has approved a constitutional declaration and a final communiqué calling to adopt peaceful political means to achieve change through peaceful popular uprising or dialogue.

Al-Mahdi since last February is residing outside Sudan. He is expected to remain in Cairo where he is until a meeting with the African Union mediators to discuss the future of the negotiations with the opposition umbrella.

The Sudan Call, which was established in Addis Ababa on 3 December 2014, includes the NUP, the rebel umbrella SRF, and the Civil Society Initiative (CSI).

Sudan Call internal groups include the Sudanese Congress Party (SCoP), Sudanese Baath Party (SBP), Center Alliance Party (CAP), Sudanese National Party (SNP) and Sudanese National Alliance (SNA).

SOURCE: Sudan Tribune  http://www.sudantribune.com/spip.php?article65090

Downloads

1 UN Peace Keeper Killed, 11 Hurt in Central…

Mostly Christian militia fighters attacked a U.N. peacekeeping base in the Central African Republic early Tuesday, and one peacekeeper from Mauritania was killed and 11 others were injured in a gun battle that lasted several hours, the United Nations said.

U.N. spokesman Stephane Dujarric said the attack by the anti-Balaka militias took place at a temporary U.N. peacekeeping base in Tagbara, about 60 miles northeast of the central mining town of Bambari. The peacekeeping mission said more than 22 anti-Balaka fighters died in the clash.

Dujarric said the U.N. peacekeeping mission sent reinforcements to the base, and he strongly condemned the attack.

The U.N. Security Council condemned the attack “in the strongest terms” and reiterated that attacks against peacekeepers may constitute war crimes. Its members called on the Central African Republic government to swiftly investigate the attack and bring the perpetrators to justice.

Separately, Dujarric said, the U.N. mission reported that later Tuesday morning peacekeepers discovered the bodies of 21 civilians, including four women and four children, in Tagbara. The mission said the bodies were found near a church, and the victims had been killed with “traditional weapons.”

The Security Council said it supports an investigation by the U.N. peacekeeping mission to see if the civilian casualties are linked to the attack against the Tagbara base.

Secretary-General Antonio Guterres condemned the attack on peacekeepers and is “outraged” at the killing of the 21 civilians and injuries to 14 other civilians, Dujarric said.

“The secretary-general calls on the Central African Republic authorities to investigate these attacks and quickly bring those responsible to justice,” he said.

In another incident, Dujarric said U.N. peacekeepers were informed Monday evening that a rebel group known as the UPC had detained 23 people in Tagbara, including 13 women, seven men and three children. He said they were released peacefully to U.N. peacekeepers and spent the night at the temporary base to ensure their safety.

The U.N. mission condemned the attacks on civilians and said that “nothing can justify these acts that can be considered war crimes.”

It said an investigation will be carried out that “leaves no possibility for impunity.”

Elsewhere, Dujarric said, U.N. peacekeepers and Central African Republic forces launched a joint operation on Saturday and rescued 15 people who had been taken hostage by the Lord’s Resistance Army rebel group led by Joseph Kony, who is wanted by the International Criminal Court for war crimes.

The LRA has wreaked havoc in central Africa over the years in violent rampages that include the abduction of children. It has taken boys who are then forced to become fighters and girls who become sex slaves, one of the reasons the group has gained international attention in recent times.

The Central African Republic has faced deadly inter religious and inter communal fighting since 2013, when predominantly Muslim Seleka rebels seized power in the capital, Bangui. Mostly Christian anti-Balaka militias fought back, resulting in thousands of people killed and hundreds of thousands displaced.

The impoverished country saw a period of relative peace in late 2015 and 2016 but violence has intensified and spread in the past year.

SOURCE: ABC NEWS http://abcnews.go.com/International/wireStory/peacekeeper-killed-11-hurt-car-attack-54206918

NCICC Blog

Suspected Boko Haram Militants kill At least 15 in…

MAIDUGURI, Nigeria April 2 – A Boko Haram attack in the Nigerian city of Maiduguri killed at least 15 people and wounded 83, a military spokesman said on Monday, in the biggest strike since the government said it was in talks with the Islamist militant group.

The military said the incident occurred late on Sunday and included gun battles between government troops and the militants as they tried to enter Maiduguri, a city in northeast Nigeria which is the epicentre of a nine-year conflict with Boko Harm that has caused the deaths of more than 20,000 people.

President Muhammadu Buhari has prioritised improving security and has previously declared the defeat of Boko Haram, which is trying to establish an Islamic state and which split into two factions in 2016.

The military said troops clashed with the jihadists in a cashew plantation around Bille Shuwa and Alikaranti villages, near Giwa barracks on the edge of Maiduguri’s inner city, at around 08:10 p.m. (1910 GMT) on Sunday and fought gun battles with government troops during which multiple blasts were heard.

“Fifteen persons including a soldier have so far been confirmed dead in the encounter, while about 83 persons who suffered varying degrees of injuries are receiving due medical attention,” said army spokesman Colonel Onyema Nwachukwu.

He said 13 insurgents had been killed, including seven bombers, adding that the retreating militants attacked locals.

“It is clear that the remnants of the Boko Haram terrorists are hell-bent on remaining relevant by attacking soft and vulnerable targets,” Nwachukwu added.

TALKS

It is the most significant attack on the city since the government said last week it was in talks with the insurgents with the aim of securing a permanent ceasefire.

The government has not disclosed which elements of Boko Haram it is in discussions with and it was also not clear which faction carried out Sunday’s attack.

The government has been saying since December 2015 that the jihadist group has been defeated but high-profile attacks in the last few months – including the kidnap of 111 schoolgirls from the town of Dapchi and a strike in the town of Rann that killed three aid workers – has shown the jihadists remain active.

All but one of the girls taken from Dapchi, in Yobe state, on Feb. 19 were returned by the militants in March. The government later said it had negotiated their release as part of broader talks.

In early 2015 Boko Haram controlled a swathe of land in northeast Nigeria around the size of Belgium but was forced out of most of that territory by the army with the support of troops from neighbouring countries.

Since then the group has continued to carry out suicide bombings, gun raids and kidnappings in northeastern Nigeria as well as in neighboring Cameroon, Niger and Chad.