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Situations under Preliminary Examination: News and statements, July - September 2010

08 Oct 2010

Dear All,

Please find below information regarding developments in some of the situations currently under preliminary examination by the Office of the Prosecutor (OTP) of the International Criminal Court (ICC).

To date, the ICC has opened investigations in five situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo and Kenya. In addition, the ICC Office of the Prosecutor has made public that it is examining information about a number of situations around the world in order to determine whether an investigation should be opened. According to public and official statements by the ICC, the OTP is looking into alleged crimes committed in Afghanistan, Chad, Colombia, Côte d’Ivoire, Georgia, Guinea, and the Occupied Palestinian Territories. To date the OTP has published the conclusions of its preliminary examination into alleged crimes committed in Iraq and Venezuela.

This message includes the latest news articles, media statements and documents covering the period July - September 2010 related to Guinea (I), Afghanistan (II), Colombia (III), Cote d’Ivoire (IV), the Occupied Palestinian Territories (V) and Georgia (VI).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. GUINEA

A. CICC MEMBERS PRESS STATEMENTS

1. “GUINÉE-CONAKRY: 1 ans après le massacre du 28 septembre 2009” (FIDH Report), 27 September 2010, http://www.fidh.org/IMG/pdf/Guineedcona546fconjOGDH.pdf

“One year after the massacre of 28 September 2009, the International Federation for Human Rights (FIDH) and its member organization, the Guinean Organization for the Defense of Human and Civil Rights (OGDH), deplore the judicial stalemate of that drama and stress, during the two rounds of the presidential election, the importance for the future authorities to resolutely begin on the path for the rights of victims to justice.

…The junta initially tried to bury the issue by setting up a national commission of inquiry, under their complete control, which minimized the facts and put into question only the responsibility of “Toumba”, the author who attempted the murder of the head of the junta, Dadis Camara. But the transitional political authorities set up after the Ouagadougou Accord of January 2010 changed the course by selecting three judges for the “Incident of 28 September”, under pressure from the international community and the International Criminal Court.

…It was to respond to this challenge that on 1 June 2010, under the leadership of FIDH and OGDH, that 67 victims and 5 Human and Victims Rights organizations (FIDH, OGDH, AVIPA, AFADIS, AGORA) have made a civil party to advance national justice, and if necessary (in the case of the incapacity or unwillingness of Guinean authorities to render justice), to turn to the ICC, which opened a preliminary examination on this incident in October 2009.

…Our organizations consider that it would be a grave error to sacrifice the lives of victims in the false pretext of national reconciliation. ‘A state without justice always brings instability in the future,’ says Me Sidiki Kaba, victims’ lawyer and honorary president of the FIDH.

‘The candidate who wins the second round of the presidential election must make strengthening the rule of law a priority in the first days of his term, and the incident of 28 September 2009 should be the most symbolic act,’ declared Souhayr Belhassen, FIDH president.

In this perspective, the FIDH and OGDH report makes a series of recommendations to the Guinean authorities and to the international community to set up the foundation of a renovated state, a reformed army, a truly independent judiciary, and the end of impunity for the torturers who have for so long compromised the future of Guinea.”

2. “Guinea: One Year On, No Justice for Bloody Stadium Massacre”, (Human Rights Watch Press Statement), 27 September 2010, http://www.hrw.org/node/93279

“Making sure that those responsible for the massacre of more than 150 opposition supporters in a Conakry stadium are brought to justice should be a top priority for both Guinea and its international partners, Human Rights Watch said today in advance of the one-year anniversary of the violence. None of those responsible for the killings have been brought to trial, nor has accountability for past abuses received adequate attention as Guinea gears up for the second round of presidential elections in October 2010.

…In October 2009, the International Criminal Court (ICC) confirmed that the situation in Guinea was under preliminary analysis. The ICC can open an investigation and bring indictments for the most serious crimes if member countries are unable or unwilling to do so. In December 2009, the government of Guinea made a commitment to investigate and bring those responsible to justice. However, there has been scant information regarding progress on the investigation and no evidence of government efforts to locate the more than 100 bodies believed to have been disposed of secretly by the security forces.

…Human Rights Watch called on Guinea’s current and future leaders and judicial authorities to ensure that all of those implicated in the September 2009 violence, regardless of rank, are thoroughly investigated and tried in accordance with international fair trial standards. Given concerns over the judiciary’s lack of independence from the executive branch, inadequate resources, and corruption, all available expertise should be used to ensure that domestic investigations and prosecutions are conducted fairly, impartially, independently, and effectively…”

B. CICC MEMBERS QUOTED

1. “Did Guinea democracy activists give their lives in vain?” by Mark Doyle (BBC News), 27 September 2010, http://www.bbc.co.uk/news/world-africa-11421687

“On 28 September 2009, soldiers of Guinea's Presidential Guard burst into a football stadium and opened fire with live ammunition on unarmed pro-democracy demonstrators.
They fired into the spectator stands; they shot people who were running away; an estimated 150 people were murdered.

They raped numerous women at the stadium and they detained others for rape later; they illegally arrested dozens of people and tortured them. All this is according to numerous eyewitnesses I interviewed just a few weeks after the stadium massacre. The memories were still raw and the wounds - on the thighs and stomachs of some of the women, and on the backs of some of the men - were still visible.

… It was an event that was so shocking that Guinean pro-democracy activists thought it might prove to be a seminal event - a catalyst for change. Whether that happens will now be decided in the next few weeks. Under local and international pressure, elections are being held which activists say may be the democratic response to that terrible day last September.
But one year on, according to Human Rights Watch, "none of those responsible for the killings has been brought to trial". There are several reasons for this but, according to the victims and their families, no excuses.

…. Corinne Dufka of Human Rights Watch, one of the first foreign researchers to investigate the massacre in detail, said that ensuring those responsible for the 2009 violence were put behind bars would be "a very good place to start". It is a statement many Guinean civilians would agree with. But the reaction of the men with guns - the 30,000-strong army - may, in the short term at least, be more important.”

C. RELATED NEWS AND OPINIONS

1. “External Help Said to be Needed to End Guinea Stalemate”, by Peter Clottey (VOA News), 04 October 2010
http://www.voanews.com/english/news/africa/External-Help-Said-to-be-Needed-to-End-Guinea-Stalemate-104314164.html

2. “Guinea leader urges 'justice' a year after massacre”, (Agence France-Presse (AFP), 02 Oct 2010, http://reliefweb.int/rw/rwb.nsf/db900SID/RMOI-89VVGL?OpenDocument

3. “Guinea massacre victims' families unable to gather”, by Boubacar Diallo (AP), 28 September 2010
http://www.google.com/hostednews/ap/article/ALeqM5iHDvNh2Z7tLuDvAa8526I2IAAjaAD9IH8AE83?docId=D9IH8AE83

4. “Another Delay Possible in Guinea Run-Off”, by Anne Look (VOA News)
http://www.voanews.com/english/news/Another-delay-possible-in-Guinea-run-off-103927454.html

5. “Guineans Pause to Remember September Massacre”, by Peter Clottey (VOA News), 27 September 2010, http://www.voanews.com/english/news/africa/Guineans-Pause-to-Remember-September-Massacre--103899798.html

6. ‘Sort du Capitaine Dadis: "Si je suis élu, je ne traduirai pas un citoyen guinéen devant la justice internationale...", promet Cellou Dalein Diallo’ (Africa Guinee), 8 September 2010, http://www.africaguinee.com/index.php?monAction=detailNews&id=6653

7. “ICC Will Not Shield Anyone In Guinea Massacre”, The Mail (Ghana), 11 August 2010, http://accramail.com/index.php?option=com_content&view=article&id=21403:icc-will-not-shield-anyone-in-guinea-massacre&catid=66:world&Itemid=215

II. AFGHANISTAN

A. CICC MEMBER PRESS STATEMENT

1. Afghan couple stoned to death by Taleban, (Amnesty International), 16 August 2010
http://www.reliefweb.int/rw/rwb.nsf/db900SID/VVOS-88DKPG?OpenDocument

“Amnesty International has condemned the first Taleban executions by stoning carried out in Afghanistan since 2001.

A couple were stoned to death on Sunday for 'eloping', in a Taleban-controlled village in Kunduz, northern Afghanistan, Amnesty International confirmed today.

…Amnesty International has warned that the Afghan government should not sacrifice human rights, particularly the rights of women and minorities, in the name of reconciliation with the Taleban and other insurgent groups.

The organisation has recently called on the Afghan government to seek the assistance of the International Criminal Court to investigate war crimes and crimes against humanity by the Taleban and all other parties to the war in Afghanistan.”

B. CICC MEMBER QUOTED

1. “Taliban blamed for sharp rise in Afghan casualties”, By Robert H. Reid (AP) 10 August 2010, ,http://www.google.com/hostednews/ap/article/ALeqM5hvWEqwq3CrRvaQCmt21MfoYhjZJQD9HGQ0Q80

“In response to the U.N. report, Amnesty International said the Taliban and other insurgents should be prosecuted for war crimes. It urged the Afghan government to ask the International Criminal Court to open investigations of insurgent leaders.

"The Taliban and other insurgents are becoming far bolder in their systematic killing of civilians. Targeting of civilians is a war crime, plain and simple" said Sam Zarifi, Amnesty International's director for Asia. "The Afghan people are crying out for justice, and have a right to accountability and compensation."’

2. “Amnesty Int'l Says Taliban Should be Prosecuted for War Crimes in Afghanistan”
(YubaNet) 10 August 2010, http://yubanet.com/world/Amnesty-Int-l-Says-Taliban-Should-be-Prosecuted-for-War-Crimes-in-Afghanistan.php

“The Taliban and other insurgent groups should be investigated and prosecuted for war crimes, Amnesty International said today, following the release of a United Nations report showing a rise in targeted killings of civilians in Afghanistan by anti-government fighters.

Civilian deaths in Afghanistan leapt by 31% in the first half of 2010, driven largely by the Taliban and other insurgents' rising use of improvised explosive devices, and their increased targeting of civilians for assassination, according to the UN Assistance Mission in Afghanistan (UNAMA). Attacks by the Taliban and other anti-government forces accounted for more than 76% of civilian casualties and 72% of deaths.

…"The Taliban and other insurgents are becoming far bolder in their systematic killing of civilians," said Sam Zarifi, Amnesty International's Asia-Pacific Director. "Targeting of civilians is a war crime, plain and simple. The Afghan people are crying out for justice and have a right to accountability and compensation."

"There is no practical justice system in Afghanistan now that can address the lack of accountability," said Zarifi. "So the Afghan government should ask the International Criminal Court to investigate war crimes and crimes against humanity that may have been committed by all parties to the conflict."

Afghanistan is a signatory to the Rome Statute of the International Criminal Court.

…Amnesty International welcomes the reported drop in deaths caused by NATO-led forces, but sounded a note of caution.

"Pro-government forces were responsible for at least 223 deaths in six months, and NATO still has no coherent way of accounting for casualties," said Zarifi. "Special Forces in Afghanistan are still failing to be open about their actions when being called to account over civilian casualties."

The UNAMA report singles out Special Forces in Afghanistan for acting without accountability, and calls for greater transparency over their operations, and for more information on forces are now operating under a new integrated command structure, so that casualties can be properly investigated and justice delivered to victims.”

C. RELATED NEWS & OPINIONS

1. “Military prosecutions: Parliament must act now”, (Australian Conservative), 3 October 2010,
http://australianconservative.com/2010/10/military-prosecutions-parliament-must-act-now/

2. “Soldiers more likely to be in court: expert”, Timothy McDonald, ABC (Australia), 28 September 2010, http://www.abc.net.au/news/stories/2010/09/28/3024135.htm?section=justin

3. “Campaigners try to force MoD to court over Afghan killings”, David Leigh and Ed Pilkington, Guardian (UK), 1 August 2010, http://www.guardian.co.uk/uk/2010/aug/01/campaigners-mod-court-afghanistan

4. “A revelation that should make a difference”, Samaoen Osman, Khaleej Times, 1 August 2010, http://www.khaleejtimes.com/DisplayArticle08.asp?xfile=/data/openspace/2010/August/openspace_August1.xml&section=openspace

5. “Bin Laden's aide convicted”, Reuters, 8 July 2010, http://www.edmontonjournal.com/news/Laden+aide+convicted/3248668/story.html

III. COLOMBIA

A. CICC MEMBER PRESS STATEMENT

1. “Colombia: Killings of human rights defenders continue under new government” Amnesty International Public Statement (AI Index: AMR 23/030/2010), 23 September 2010, http://www.amnesty.org/en/library/asset/AMR23/030/2010/en/71b1d824-7b88-4306-a7d4-dd0e0244d85f/amr230302010en.html

“…The new government must also set out in detail its overall strategy for ending the long-standing human rights crisis. An important first step would be for President Santos to make a public and unequivocal statement in support of the legitimacy of the work of human rights defenders. The administration of President Uribe was marked by its hostility to human rights work, which contributed towards creating an environment which legitimized attacks against such activists.

The Colombian authorities must also ensure independent and thorough investigations are carried out to ensure that those responsible for these killings are brought to justice.”

B. RELATED NEWS & OPINIONS

1. “Has Colombia Self-Referred to the ICC?”, by Kevin Jon Heller, (Opinio Juris), 8 August 2010, http://opiniojuris.org/2010/08/08/has-colombia-self-referred-to-the-icc/

2. “Colombia, the ICC — and a Twist!”, by Kevin Jon Heller, (Opinio Juris), 4 August 2010, http://opiniojuris.org/2010/08/04/colombia-the-icc-and-a-twist/

3. “Colombia rejects warning of ICC intervention”, by Kirsten Begg, (Colombia Reports), 4 August 2010, http://colombiareports.com/colombia-news/news/11158-colombia-rebuts-suggestion-of-icc-intervention.html

4. “ICC may intervene in Colombia: Spanish judge”, Tom Davenport, (Colombia Reports), 3 August 2010, http://colombiareports.com/colombia-news/news/11143-spanish-judge-icc-to-intervene-if-colombian-justice-fails.html

5. “Colombia may take FARC evidence to ICC”, by Kirsten Begg, (Colombia Reports and Global Transitional Justice (blog)), 23 July 2010, http://colombiareports.com/colombia-news/news/10971-colombia-may-take-farc-evidence-to-icc.html and http://globaltj.wordpress.com/2010/07/23/colombia-may-take-farc-evidence-to-icc/

6. Book – “The Colombia Peace Process and the Principle of Complementarity of the International Criminal Court”, 2010, http://www.geteverybook.com/the-colombian-peace-process-and-the.html

IV. COTE D’IVOIRE

A. CICC MEMBER QUOTED

1. “International Justice/Me Traoré Drissa: ‘Justice and Peace are intertwined’, by Franck A. Zagbayou (Abidjan.net) 20 July 2010, http://news.abidjan.net/article/index.asp?n=370363 (French)

“On Saturday 17 July the Ivorian Coalition for the ICC commemorated International Justice Day by holding a round-table discussion with the theme of : “CI-CPI: Quelle contribution pour la paix en Cote d’Ivoire?”.

Me Traoré Drissa, advocate at the Court, President of the Ivorian Human Rights Movement (MIDH) and 1st Vice-President of the Ivorian Coalition for the ICC (CI-CPI), expounded on the theme of justice as the vector of peace in two ways: justice as a source of stability and justice as the dissipater of hostility…

Elaborating on the question of the contribution of the ICC to peace in the Cote d’Ivoire, he clarified the mode of operation of this international jurisdiction. It is a justice system complementary to national jurisdictions. The ICC only intervenes when national jurisdictions declare themselves unable to deal with certain offences which are part of the competency of the ICC. It is thus necessary to firstly exhaust all the remedies national jurisdictions can provide before the ICC intervenes.

…For Ali Ouattara, the President of the Cote d’Ivoire Coalition for the ICC, who advocates for the ratification of the Rome Statute and the celebration of International Justice Day on July 17 of each year with the Ivorian government, one should not despair completely of the leaders of the Cote d’Ivoire. Even though the Cote d’Ivoire did not take part in the Assembly of states parties two years ago as it had only observer status, in 2009 went government representatives went to The Hague with a strong delegation from New York. Representatives were also present from May 31 to June 11 in Kampala for the 1st Rome Statute Review Conference.
.
…Ouattara, last Saturday supported the idea that the ICC Prosecutor could take action in the Cote d’Ivoire, in spite of the fact that it has not yet ratifed the Treaty of Rome. “The simple fact of having recognized the jurisdictional competence of the Court, amounts to ad hoc ratification because it indicates the will of the Cote d’Ivoire authorities to engage the defense of universal values, thus authorizing the Prosecutor to exercise jurisdiction in cases of crimes of aggression, of crimes against the humanity and of genocide perpetrated in Cote d’Ivoire”, remarked president Ouattara during an interview at his office. The president of Ci-Cpi, pointed out that the Cote d’Ivoire did not ratify the texts implementing the Treaty of Rome because the Constitutional Council, the authority charged with considering any constitutional modification, had argued that the statutes of the Treaty did not conform the nation’s founding texts. “We recognize the unique situation in the Cote d’Ivoire, marked by war and partition of the country, but is not it more important for modern state to assert its sovereignty by a strong act, like the Agreements of Rome’…”

V. PALESTINE

A. CICC MEMBERS PRESS STATEMENTS

1. “Israel/Occupied Palestinian Territories: Human Rights Council fails victims of Gaza conflict”, Amnesty International Press Statement (AI Index: MDE 15/023/2010),
30 September 2010, http://www.amnesty.org/en/library/asset/MDE15/023/2010/en/896bdea4-2683-4092-946a-cb7367ba0c18/mde150232010en.html

“The UN Human Rights Council’s weak response yesterday to the continuing failure of both the Israeli and Hamas authorities to genuinely investigate violations of international law committed during the 2008-9 conflict in Gaza and southern Israel amounts to a betrayal of the victims, Amnesty International said today.

…The Committee of Independent Experts’ report supported Amnesty International’s evaluation that the domestic investigations carried out by both the Israeli government and the de facto Hamas administration in Gaza do not meet the required international standards of independence, impartiality, thoroughness, effectiveness and promptness. In its conclusions, Amnesty International called on the Council to:

- recognize the inadequacies of the investigations conducted by Israel and the Hamas de facto administration;
- call on the International Criminal Court Prosecutor to urgently seek a determination from the Pre-Trial Chamber on whether the Court has jurisdiction to investigate crimes committed during the Gaza conflict;
- call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
- refer the Committee’s report to the Council’s parent body - the General Assembly; and
- request that the Secretary-General place the report before the Security Council...."

2. “Palestinian and International Human Rights Defenders: ‘UN Rights Council Must Act Now to Ensure Follow-up on “Goldstone Report” and End Impunity for War Crimes in Israel and Palestine’”, Joint Press Release: CIHRS, Al-Haq, BADIL, FIDH, PCHR, 27 September 2010, http://www.cihrs.org/English/NewsSystem/Articles/2690.aspx

“... Speaking before the Council on behalf of The International Federation for Human Rights (FIDH), Palestine Centre for Human Rights (PCHR), and Al-Haq, Maysa Zorob said that the findings and recommendations of the Goldstone report, “represented a pivotal point in the history of Israel and the occupied Palestinian Territory. For the first time, a UN body… laid out specific mechanisms and processes to ensure that justice… could finally be achieved” for War Crimes committed in Palestine and Israel.

Rania Madi of BADIL, also speaking before the Council, urged the Palestinian delegation to use all available means to ensure that the Security Council refers war crimes committed by Israel to the International Criminal Court (ICC).

Raji Sourani, Director of PCHR and Vice-President of FIDH said, "international Law and the recommendations of the Fact Finding Mission are clear: it is now time to turn to the ICC. This is not a political issue, but a legal and a moral obligation. The world cannot continue to turn its back on innocent civilians, and to grant blanket impunity"

According to Jeremie Smith of the Cairo Institute for Human Rights Studies (CIHRS), “The UN Rights Council has an important choice to make: It can either effectively kill the Goldstone process with a weak resolution for the sake of political expediency or breath life into it by concluding that recourse to the International Criminal Court is required and sending their decision to the General Assembly. Unfortunately, those who would like to bury this process may have the upper hand at the moment.”

“Justice delayed is justice denied. The Council’s credibility is at stake. It must act now to ensure justice for the thousands of victims of war crimes committed during Operation Cast Lead. Failing to do so risks not only the death of the Goldstone process but the death of the Council’s credibility for human rights defenders around the world,” said Maysa Zorob of Al-Haq....”

3. “Justice for victims of Gaza conflict hangs in balance”, Amnesty International Press Statement, 15 September 2010, http://www.amnesty.org.au/news/comments/23689/

“One year to the day after a United Nations fact-finding mission concluded that both Israeli forces and Palestinian armed groups committed war crimes, possible crimes against humanity and other grave violations of international law during the 2008-09 conflict in Gaza and southern Israel, Amnesty International condemned the continuing absence of accountability and warned that the victims’ hopes for justice now hang in the balance.

... Amnesty International believes that the Council must also consider whether the time has now come to seek an international justice solution especially if, as seems inevitable according to Amnesty International’s own assessment of the investigations, the Committee of Experts reports that neither of the two sides has conducted adequate investigations or taken steps to ensure justice and accountability for crimes their forces committed…

On the basis of the information currently available to it, Amnesty International’s assessment is that both the Israeli authorities and the Hamas de facto administration have failed to fulfil their obligation to carry out such investigations and to demonstrate a commitment to prosecuting perpetrators of crimes under international law. If this is confirmed by the Committee of Experts, the Human Rights Council must conclude that the two authorities have missed their opportunity to ensure accountability for the victims of the conflict through domestic means and support international justice solutions, including the potential involvement of the International Criminal Court (ICC)….”

4. “Israel-Palestine: Domestic investigations have failed to meet international standards; UN Security Council must ensure accountability” International Commission of Jurists Press Statement, 22 September 2010, http://www.icj.org/dwn/database/PR_Israel_OPT.Final.220910.pdf

“The ICJ urges the Security Council to take concrete measures to ensure accountability for human rights violations and breaches of international humanitarian law committed by Israeli Defense Forces (IDF) and Palestinian armed groups during Operation Cast Lead, December 2008 – January 2009. Israeli investigations have failed to meet international standards of effectiveness, independence and impartiality. The Hamas administration in Gaza has also failed to provide any concrete evidence of investigating violations committed by Palestinian armed groups during this period. …”

B. CICC MEMBERS QUOTED

1. “Human Rights Council Defer Justice: PCHR & FIDH submit case files to International Criminal Court”, (UNHCR), 29 September 2010, http://www.unhcr.org/refworld/docid/4ca582c72.html

“The UN Human Rights Council voted to defer international criminal justice. In a resolution drafted by the Palestinian Authority, the Council voted to extend the mandate of the Committee of Experts, and prolong domestic processes that have been proved ineffective.

As representatives of Palestinian victims of international law violations committed by Israeli forces - before, during, and after last year`s offensive - the Palestinian Centre for Human Rights (PCHR) and, the International Federation for Human Rights (FIDH) will continue to use all available legal mechanisms to represent the best interest of victims and to fight impunity, including through universal jurisdiction, the International Criminal Court, and UN mechanisms.

... For the second time, PCHR and FIDH jointly submitted case files to the Prosecutor at the International Criminal Court. These cases provide clear evidence indicating the commission of international crimes during Israel`s 27 December 2008 - 18 January 2009 offensive on the Gaza Strip. Those implicated in these crimes served at the highest levels of Israel`s political and military establishment…”

2. “Amnesty calls on ICC to act on Cast Lead ‘war crimes’” by Jonny Paul (Jerusalem Post), 29 September 2010, http://www.jpost.com/International/Article.aspx?id=189595

“Amnesty International is urging the International Criminal Court in The Hague to decide on whether it can investigate alleged war crimes and crimes against humanity AI says took place during Operation Cast Lead.

The London-based NGO is calling on the Geneva-based UN Human Rights Council to make the same call after it considers a report by a committee of independent experts. The committee report looks at what it called the continuing failures of Israel and Hamas to investigate violations of international law documented in the UN’s Goldstone Report.

“Both Israeli and Hamas authorities have been given adequate time and opportunity to ensure justice for the victims, yet they are both failing to do so,” said Widney Brown, a senior director of international law and policy at Amnesty.

“An international justice solution must now be found...”

3. “Palestinian rights groups slam Gaza vote at UN”, (AP), 30 September 2010
http://www.google.com/hostednews/ap/article/ALeqM5j9QZewHE1SVyRUHQhBI04-qanB_QD9IHLJFO0?docId=D9IHLJFO0

“Palestinian human rights groups have condemned a U.N. resolution backed by their own government that delays action on a report alleging war crimes during last year's Gaza conflict.

Maysa Zorob of the Palestinian group Al-Haq says the resolution passed Wednesday in the 47-nation U.N. Human Rights Council is a "betrayal of victim's rights" and "reflects a lack of genuine commitment to justice."

... Raji Sourani, director of the Palestinian Center for Human Rights in Gaza, said backing the resolution was a "grave mistake" by the Palestinian Authority led by Mahmoud Abbas.”

C. RELATED NEWS & OPINIONS

1. “UN body backs flotilla report”, Al Jazeera, 29 September 2010
http://english.aljazeera.net/news/americas/2010/09/201092917475129965.html

2. “ICC can examine aid flotilla case: UN expert”, France24, 28 September 2010
http://www.france24.com/en/20100928-icc-can-examine-aid-flotilla-case-un-expert

3. “'Robust' UN Security Council steps needed on Gaza: lawyers”, AFP, 23 September 2010, http://www.google.com/hostednews/afp/article/ALeqM5hNPh9Kh7f6IKLCTxGZdM8o7jh26A

4. “Gaza flotilla attack: UN report condemns Israeli 'brutality'”, by Haroon Siddique, (The Guardian), 22 September 2010, http://www.guardian.co.uk/world/2010/sep/22/gaza-flotilla-un-condemns-israeli-brutality

5. “Gaza: U.N. Cites Rights Violations”, Reuters/New York Times, 21 September 2010, http://www.nytimes.com/2010/09/22/world/middleeast/22briefs-GAZA.html?_r=3&adxnnl=1&adxnnlx=1285167903-ipGNSc9UoSnynbuDALaaDA

VI. GEORGIA

A. RELATED NEWS & OPINIONS

1. “Georgian opposition files case against Saakashvili with International Criminal Court”, RIA Novosti, 7 October 2010, http://en.rian.ru/world/20101007/160865481.html

”A leading Georgian opposition party has filed a lawsuit against Georgian President Mikheil Saakashvili at the International Criminal Court in The Hague, accusing him of crimes against humanity, a Russian business daily said on Thursday....”

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands