Kategorie: News

Reacting to the decision of the Trial Chamber X of the International Criminal Court (ICC) to convict Ali Muhammad Ali Abd-Al-Rahman also known as “Ali Kushayb” for war crimes and crimes against humanity committed between August 2003 and at least April 2004 during brutal attacks in Darfur, Tigere Chagutah, Amnesty International Regional Director for East and Southern Africa, said:

“This long overdue verdict goes some way in providing justice for the victims of Ali Kushayb and should serve as a significant milestone in the pursuit of justice for crimes committed in Darfur more than two-decades ago. The conviction should serve as a warning to those committing abuses in the context of the ongoing Sudan conflict that they will one day be held individually accountable.

“To ensure that the ICC can pursue comprehensive justice for all victims, the United Nations Security Council should extend the Court’s mandate from Darfur to the entirety of Sudan.

This long overdue verdict goes some way in providing justice for the victims of Ali Kushayb and should serve as a significant milestone in the pursuit of justice for crimes committed in Darfur more than two-decades ago.

Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa

“This verdict should spur ICC member states to urgently enforce all outstanding arrest warrants in the Darfur situation, including against former Sudan President Omar al-Bashir and to enhance their political and financial support for the Court to enable the investigation of ongoing violations in Darfur and elsewhere in Sudan.

“Despite US sanctions on the ICC, the Court has shown a clear resolve to continue its pursuit of justice for all victims, including in Darfur. In the face of ongoing US and other states’ attacks on the Court, ICC-member states must demonstrate their commitment and support for victims in Darfur and all situations under investigations through concrete action to defend the court.”

Background

The trial of Ali Muhammed Ali Abd-Al-Rahman, charged by the ICC as a principal leader of the Janjaweed militia, began at the ICC in April 2022.

He was convicted of 27 counts of war crimes and crimes against humanity committed in Darfur, Sudan, between August 2003 and March 2004.

In 2005, the UN Security Council referred the situation in Darfur to the International Criminal Court (ICC). In 2009 and 2010, the ICC issued arrest warrants for President al-Bashir for war crimes, crimes against humanity, and genocide. The ICC has also issued arrest warrants for three other government officials, and three members of armed opposition groups.

Today’s verdict comes amid conflict in Sudan between the Sudan Armed Forces (SAF) and the Rapid Support Forces (RSF) in which thousands have been killed and over 10 million people have been displaced.

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Reacting to the UN Human Rights Council’s decision to establish an independent investigative mechanism for Afghanistan to collect, consolidate, preserve and analyse evidence of past and ongoing crimes under international law and human rights violations and abuses, Amnesty International’s Secretary General, Agnès Callamard, said: 

“In the face of continued impunity in Afghanistan, the establishment of a UN-mandated evidence gathering mechanism is a vital step towards advancing accountability for past and ongoing crimes under international law and paves the way for victims and survivors to access justice, reparation, and truth.      

“Amnesty International, together with Afghan civil society and others, has been calling for this mechanism since the Taliban’s return to power in August 2021. Since then, the Taliban has plunged Afghanistan into a system of control and repression. Women and girls have been systematically erased from public life, denied education, work and voice; journalists, activists and minorities silenced through arbitrary detention, torture and enforced disappearance; and brutal corporal public punishments and executions used as tools of fear. This assault on human rights has long demanded more than words from the international community and the mechanism is a major step in a long journey towards accountability for the people of Afghanistan.  

The establishment of a UN-mandated evidence gathering mechanism is a vital step towards advancing accountability for past and ongoing crimes under international law and paves the way for victims and survivors to access justice, reparation, and truth

Amnesty International’s Secretary General, Agnès Callamard

“Today’s resolution has the potential to be an important milestone in the fight against impunity for millions of victims and survivors in Afghanistan, spanning more than four decades of conflict. However, this potential hinges on the mechanism adopting a truly comprehensive approach – one that considers crimes committed both before and after August 2021. This should include systematic targeted attacks by the Islamic State of Khorasan Province (ISKP) and other insurgent groups, as well as allegations of crimes under international law committed by security forces under the former government, international military and security forces and other agents.       

“Establishing a mechanism is only the beginning. States owe it to the victims to ensure that the mechanism is properly resourced and empowered to promote justice.”  

Background

Amnesty International, together with Afghan civil society and others, has been continually advocating for the United Nations Human Rights Council to establish an independent and impartial investigative mechanism on the situation in Afghanistan since August 2021. Calls for this type of mechanism emerged as early as 2003, and were renewed in May 2021, after the deliberate and targeted attack at the Sayed Shudaha Girl High School in the west of Kabul which killed and wounded over 250 people, mostly girl students. In response, with the Afghanistan Independent Human Rights Commission (AIHRC)’s lead, Afghan civil society organizations and international human rights organizations advocated for the establishment of such a mechanism. 

Afghanistan has grappled with continuous conflict for over four decades, resulting in crimes under international law and human rights violations and abuses by warring parties including the Taliban, ISKP, security forces under the former Government and international military and security forces and other agents. Victims and survivors have had almost no access to justice, reparation, and truth. This has now worsened with the Taliban’s return to power in August 2021. Amnesty International has documented many incidents of war crimes and the crime against humanity of gender persecution, as well as other crimes and human rights violations and abuses by the Taliban and others across the country.  

With no access to justice, truth, and reparation, between 1978 and 2001, at least two million people were estimated to have either been killed or wounded due to the conflict.  

Following longstanding calls from Afghan and international civil society organizations, the UN Human Rights Council today adopted a resolution without a vote to establish an “independent investigative mechanism to collect, consolidate, preserve and analyse evidence of international crimes and the most serious violations of international law, including those that may also amount to violations and abuses of international human rights law, committed in Afghanistan.”  While it does not have prosecutorial powers, the mechanism can collect and preserve evidence of international crimes and serious human rights violations. This evidence can support future prosecutions in international and national courts, including those exercising universal or other forms of extraterritorial jurisdiction, and for credible efforts in the future to build a framework for accountability and justice in Afghanistan. 

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