International Criminal Court May open Israel War Crimes Probe

Eastern Gaza City, six months after 2014’s Operation Protective Edge (Aaed Tayeh/ Flash90)

Israel’s National Security Council reportedly warned members of the Knesset’s powerful Foreign Affairs and Defense Committee last week that the International Criminal Court could open an investigation at some point this year into the 2014 Gaza war and West Bank settlement construction.

Colonel Amit Aviram (res), a senior member of the committee, submitted to the Knesset committee a secret presentation entitled, “Strategic Situation Assessment for 2018,” Channel 10 news reported Monday.

One of the slides on security threats listed a concern that, in 2018, the prosecutor of the ICC in The Hague will move from the examination phase and open investigations into 2014’s Operation Protective Edge and construction in the West Bank,” the report said.

In addition, he reportedly warned that in the absence of peace negotiations between Israel and the Palestinians, there is likely to be an increase in both attempts to delegitimize Israel and calls to boycott the Jewish state.

On December 4, 2017, the chief prosecutor of the ICC, Fatou Bensouda, published a report, “Preliminary Examination Activities 2017,” in which she gave updates on preliminary examinations into Palestinian claims against Israel, launched in January 2015.

“In the past year, the Office has also progressed in its analysis of the alleged crimes committed by both parties to the 2014 Gaza conflict, as well as certain alleged crimes committed in the West Bank and East Jerusalem since 13 June 2014,” she wrote.

Regarding Israel’s war against the Hamas terror organization in Gaza, she wrote, “The Office has sought to select incidents which appear to be the most grave in terms of the alleged harm to civilians and civilian objects and/or are representative of the main types of alleged conduct.”

In her conclusion, Bensouda wrote, “The Office has made significant progress in its assessment of the relevant factual and legal matters necessary for the determination of whether there is a reasonable basis to proceed with an investigation.”

She said the assessment would continue with a view to reaching “conclusions on jurisdictional issues within a reasonable time frame.” However, she gave no indication as to whether she was likely to move beyond preliminary examinations to a full investigation or not.

Israel’s 50-day summer 2014 campaign against Hamas in Gaza originally began as a predominantly aerial campaign in response to repeated rocket attacks from the Strip, similar to the 2012 Operation Pillar of Defense. But after Hamas made use of its cross-border tunnel network to carry out attacks inside Israel, the focus shifted to tackling the subterranean threat.

A total of 74 people — 68 IDF soldiers, 11 of whom were killed in cross-border tunnel attacks; and 6 civilians — died on the Israeli side of the conflict. In Gaza, more than 2,000 people were killed, with Israel putting the number of civilians killed at approximately 50 percent, the rest being combatants. Gaza itself was badly damaged by the fighting.

In February 2017, the Knesset passed legislation allowing the Israeli government to expropriate private Palestinian land ex post facto, where illegal outpost homes had been built, provided that the outposts were established “in good faith” or had government support and that the Palestinian owners received financial compensation for the land.

However, Israel’s High Court of Justice has given the government until February to explain why the legislation should not be struck down on constitutional grounds.

SOURCE: ISRAEL TIMES

TRIBUTE TO OBY NWANKWO – MEMBER, STEERING COMMITTEE NCICC

The Nigerian Coalition for the International Criminal Court mourns the passing away of a committee member, Mrs. Oby Nwankwo. She was until her death, an active and very supportive human rights activist who was in the forefront of the campaign for the respect of women’s rights, gender equality and good governance.

She was the founder and executive Director of the Civil Resource Development and Documentation Centre. (CIRDDOC), a member of the ICC Gender Justice Team and an advisory board member of Global Fund for Women.

Oby Nwankwo was a globally recognized champion for human rights and women’s empowerment in Nigeria having served as a member of the UN CEDAW Expert Committee for a four year term in January 2013 and subsequently reelected for another four year term in 2016

She played an indispensible role in the campaign for the domestication of CEDAW and the AU protocol on the Rights of Women in Africa by the National and state Assemblies and the passage of the Child Rights Law in the various states in the country.

Oby was an extra ordinary activist who displayed energy and passion towards the fight for gender equality. The pioneer role she played in coordinating the National Coalition on Affirmative Action (NCAA) was an independent and Civil Society voice which saw to an effective strategy that led to an increased number of women in governance.

Her passion and commitment have moved countless people to take action to improve their communities. We will miss her great shining smile and her indomitable spirit but all those she has inspired will keep her vision alive through each small action we take toward a better world.

Her legacy will always remain with us. The deep sympathy of the NCICC is hereby conveyed to her  family, close friends and colleagues.

OBITUARY ANNOUNCEMENT FOR A STEERING COMMITTEE MEMBER -OBY NWANKWO

With Gratitude to God for a life well spent, the Board, Management and Staff of the Civil
Resource Development and Documentation Centre (CIRDDOC) Nigeria announce the
passing away to eternal glory of Our Distinguished Executive Director, a daughter, sister,
mother, friend and great mentor, Mrs. Oby Nwankwo (Chief Magistrate rtd) on December 9,
2017 in Maryland, U S A.
Oby Nwankwo was a lawyer of over 30 years post call experience in litigation, judicial duties
and development work. She obtained her LL.B (Bachelor of Laws) with Honours from
University of Nigeria in 1979 and subsequently obtained her LL.M (Master of Laws) Degree
at University of Nigeria in 1992.
She served as a Chief Magistrate in the Anambra State Judiciary for 23 years. Since her
voluntary retirement from the judiciary in 2004, she was in the forefront of the campaign for
respect for women’s rights, gender equality and good governance. She was a gender expert/
advocate, a human rights activist, an election monitor, a community mobiliser, an
independent development consultant and a trainer/Facilitator.
Oby was the founder and Executive Director of the Civil Resource Development and
Documentation Centre (CIRDDOC), an NGO with offices in Abuja, Enugu, Anambra and
Ebonyi states. Oby led CIRDDOC to work extensively in the following states of Nigeria:
Rivers, Cross River, Akwa Ibom, Ebonyi, Anambra, Enugu, Imo, Abia, Bayelsa, Kano,
Kaduna, Borno, Plateau, Lagos and Abuja; and has trained Community Information Officers,
Civic Educators and paralegals who provide human rights, civic education and legal services
in most of these states.
She represented Africa on the screening Committee of the Coalition for the International
Criminal Court (ICC); she was also a member of the ICC Gender Justice Team and Advisory
Board member of Global Fund for Women among other agencies.
She served as Chairperson of the Civil Society Coordinating Committee on Election Reform
(CSCC), an umbrella organization for all civil society organizations engaging the
constitutional and electoral reform processes in Nigeria.
She was the pioneer Coordinator of National Coalition on Affirmative Action (NCAA), a
network of Civil Society Organization committed to the adoption of affirmative action as an
effective strategy for increasing the number of women in governance. She was a member of
the Monitoring and Evaluation Network of Nigeria (MENN) and the Nigerian Bar
Association. Oby Nwankwo presented numerous speeches at National and International fora
and published several papers. She had extensive experience in gender based violence, gender
analysis, gender mainstreaming, gender budgeting, advocacy, monitoring and evaluation.
On the platform of CIRDDOC, she represented Africa in the Steering Committee of the
Coalition for the International Criminal Court (ICC), a member of the ICC Gender Justice
Team and Advisory Board member of Global Fund for Women among others. She led the
team that prepared the Women’s memorandum to the Uwais Committee on Electoral Reform
and the Senate Committee on Constitutional Reform.
Oby led in the campaign for the domestication of CEDAW and the AU Protocol on the Rights
of Women in Africa by the National and State Assemblies and the passage of the Child’s
Rights Law in the States. She was a member of the National Committee of the Independent
National Electoral Commission (INEC) Stakeholders’ Forum.
Oby Nwankwo was elected as a member of the UN CEDAW Expert Committee for a 4-year
term in January 2013 and was re-elected for another 4 year term in 2016.
Oby’s resume is extensive and she was an expert in women’s rights and attended many
courses in law, gender, human rights, women’s rights. She received numerous awards;
however, her biggest accomplishment was raising her seven beautiful and accomplished
children after losing her husband, Engr Victor Nwankwo, in 2002. Oby may have left the
physical world today, but her selfless life of service to humanity not only remains etched in
our memories, but also keeps us striving to do more and more for our great organization in
order to keep her vision alive – through service.
May God, in His Bounty, keep her in His lasting residence, where neither toil nor sense of
weariness shall touch her – Amen.

ASP DAY 5;International Justice Policy – Not Resources

Day five began with the consideration of the ICC’s 2018 programme budget request. Before ICC member states take negotiations on the budget behind closed doors in week two of ASP16, the Court’s Registrar Mr. Herman von Hebel presented the 2018 request based on the respective needs of the various ICC organs. The Chair of the ASP’s Committee on Budget and Finance (CBF), Mr. Hitoshi Kozaki (Japan), followed the Registrar with the CBF’s recommendations to the ICC member states in considering the Court’s request.

The Registrar acknowledged that the ICC is a publicly-funded institution – by member states – and that the Court should be accountable for its resource use and the quality of its justice proceedings. However, he also noted that the Court itself has initiatives underway to maximize its limited resources while tackling an ever-increasing workload, including in relation to witness protection costs and maintenance of the independence and integrity of proceedings.

As a number of NGOs, including Human Rights Watch and the Ivorian Coalition for the ICC, highlighted in their General Debate statements on day five, the ICC has significant outstanding resource needs that do not seem to be adequately taken into account in ASP budget negotiations, and that investing in justice today will mean savings tomorrow in terms of global peace and development costs. And as the Burundian Coalition for the ICC pointed out, the stakes are immediate, underlining the need for ICC member states to honor their cooperation commitments, including with respect to resources, to the new ICC investigation in Burundi.

Later in the day, states gathered for the first informal consultations on the ASP’s 2017 Strengthening the ICC and the ASP resolution – otherwise known as the ‘omnibus’ resolution. Multiple consultations have taken place since the beginning of October 2017 to discuss numerous text proposals put forward by states relating to universality, cooperation, Secretariat of the ASP, legal aid, victims, and participation in the ASP among others.

An issue of particular concern this year in omnibus consultations has been the use of the language “within existing resources” – language that threatens to reaffirm zero growth policy on ICC resources and would prove detrimental to a number of ongoing initiatives within the Court to improve its efficacy in the delivery of international justice. One such initiative many have their eyes on, in particular NGOs within the framework of the Victims’ Rights Working Group, is the Court’s ongoing review of its legal aid policy.

SOURCE: CICC http://www.coalitionfortheicc.org/asp-2017-day-5?utm_source=CICC+Newsletters&utm_campaign=126a9a0cd0-EMAIL_CAMPAIGN_2016_11_07&utm_medium=email&utm_term=0_68df9c5182-126a9a0cd0-408906681

ASP DAY 5: NGO’S Enter The Fray TO Speak…

The General Debate resumed and concluded on Friday, with civil society taking the floor after the remainder of ICC member states, observer states, international organizations, and representatives of the legal profession (International Criminal Court Bar Association) delivered their statements.

Among remaining member states to speak were Nigeria, which noted that the ICC is becoming an increasingly relevant global institution for peace and development; and Tunisia, one of three member states from the Middle East-North Africa region, which called international justice “a vehicle to lasting peace.”

Observer states Ukraine, China, Iran, and the United States (US) also made statements before the Assembly. The representative from Ukraine, which is not yet a member state but has accepted the jurisdiction of the ICC over the situation in its territory, noted that the state is working to remove legal obstacles to ratification and implementation of the Rome Statute. Ukraine additionally declared support for activation of the Court’s exercise of jurisdiction over the crime of aggression as well as proposed war crimes amendments.

The US, meanwhile, rejected any exercise of jurisdiction over US personnel absent the government’s consent or a UN Security Council referral, including in any potential investigation into US troop conduct in Afghanistan, among other alleged crimes.

Civil society took the floor at the end of the General Debate. The Coalition’s Convenor, Mr. William Pace, opened the civil society segment by insisting that the ICC is one of very few alternatives capable of filling gaps that the Security Council has left in global peace and security, and reminding that states must be proactive rather than reactive.

Both the Burundian Coalition for the ICC, which later presented its views during a dedicated side event, and Kenyans for Peace with Truth and Justice (KPTJ) underlined the significance of the ICC for upholding human rights and rule of law in domestic jurisdictions. KPTJ called for the South African government to revisit its decision to pursue withdrawal from the Rome Statute, while adding that “Burundi may have left, but the door for its return is not shut.”

Other NGOs to speak during the General Debate were International Federation for Human Rights together with Al-Haq; Human Rights Watch; the American Bar Association; and the Moroccan, Nigerian, and Ivorian national Coalitions for the ICC.

SOURCE: CICC

Britain Replaces UN Ambassador, following ICJ Defeat

Britain today appointed Karen Pierce as its new Ambassador to the UN, replacing incumbent Matthew Rycroft under whom it suffered a humiliating defeat at the hands of India in the recent election to the International Court
of Justice.

Pierce is the first woman appointed to this role, and is uniquely suited for
the position having previously served as Deputy Permanent Representative to the
UN in New York, and more recently as the Permanent Representative to the UN in
Geneva, the UK said in a statement.

Britain’s Permanent Mission to the United Nations did not give any reason for appointing Pierce
as new ambassador to the world body, which comes days after it failed to get its
judge Christopher Greenwood elected to the International Court of Justice (ICJ) after India’s Judge Dalveer Bhandari consistently.

received nearly two-third of the votes in the UN General Assembly.
Bhandari was on Tuesday re-elected to the ICJ as the UN General Assembly
overwhelmingly threw its weight behind him, forcing Britain to withdraw its
candidate from the hard-fought race to the world court.

This is for the first time in 70 years that Britain would have no judge in
the 15-member panel of the ICJ.

Political analysts and editorials in British media have described it as a
diplomatic failure of the Theresa May government.

“Britain has a proud history of working for positive change through the
United Nations, not least in addressing the problems in Libya and Syria,”
British Foreign Secretary Boris Johnson said in a statement without addressing
the reason for sudden replacement of Rycroft.

Rycroft has been in the post since 2015 and will handover in January 2018

when he returns to London to take up his new role as Permanent Secretary at
the Department for International Development.

“I know Karen has the diplomatic skills, energy and patience to continue this
vital work, and I congratulate her on her appointment,” Johnson said.

In a statement, Pierce said the UK had long been a strong supporter of the UN
and its role at the heart of the global rules-based international system at a
time when it is coming under challenge.

Britain has a proud history of working for positive change through the United
Nations, not least in addressing the problems in Libya and Syria,” British
Foreign Secretary Boris Johnson said in a statement without addressing the
reason for sudden replacement of Rycroft.

Rycroft has been in the post since 2015 and will handover in January 2018
when he returns to London to take up his new role as Permanent Secretary at the
Department for International Development.

“I know Karen has the diplomatic skills, energy and patience to continue this
vital work, and I congratulate her on her appointment,” Johnson said.

In a statement, Pierce said the UK had long been a strong supporter of the UN
and its role at the heart of the global rules-based international system at a
time when it is coming under challenge.

“Through our role as a permanent member of the Security Council and position
as the UN’s third largest donor, the UK will conti ..

Read more at:
https://economictimes.indiatimes.com/news/international/world-news/britain-replaces-un-ambassador-following-icj-defeat/articleshow/61824376.cms

Somali judge reelected to the International Court of Justice

BENUE STATE GOVERNOR THREATENS TO SEEK PROTECTION OF ICC…