Global Policy Forum

The ICC prosecutor Luis Moreno-Ocampo is set to start an investigation into the bloodbath that followed the disputed election of December 2007. This comes after the Kenyan government failed to set up local tribunals to try the people responsible for orchestrating the attacks which left more than 1,100 people dead.  The decision to investigate this case is a departure for the ICC, which has so far confined itself to cases related to civil war and armed conflicts. The probe into post-election violence also raises the usual dilemma of justice vs. peace, with some commentators arguing that Kenya's fragile coalition may not survive the process. (The Independent)

Since the International Criminal Court has only investigated African countries like Sudan and Uganda, the recent investigation by ICC prosecutor Luis Moreno Ocampo into crimes of Colombian paramilitaries may mean that the ICC has adopted a new course in its case selection. Contrary to Sudan, which because of its alleged support of terrorists is an official US enemy, Colombia has good relations with the US and several other powerful countries. (ZNet)

Namibia's National Society for Human Rights (NSHR) demands that the ICC try former Namibian President Sam Nujoma and three former Namibian leaders for their involvement in the disappearance of 4,200 civilians in the 1970s. Nujoma allegedly issued a "shoot at sight" order between 1994 and 1996 resulting in the death of 35 people, and prevented foreign diplomats from intervening in 1999 during an armed attack on civilians in the Caprivi Region. NSHR believes that Nujoma's constant refusal to reveal information warrants an investigation under the "continuous violation doctrine." However, the ICC cannot address this issue because the Rome Statute only applies to crimes committed after July 1, 2002. (Namibian)

With the opening of the trial of Charles Taylor in The Hague, many wonder how long it will take to bring Robert Mugabe to justice. Mugabe masterminded the massacre of 20,000 Zimbabwe civilians in Matabeleland in the 1980s. Despite the bureaucracy associated with an international tribunal, human rights groups hope that such a trial will bring justice to the victims and prevent future mass killings. (Zimbabwe Independent)

An African Union (AU) commission report has reignited hope that the International Criminal Court (ICC) will indict Zimbabwe's ruler Robert Mugabe. The report, which condemns Mugabe's defiance of human rights, will place pressure on Zimbabwe given the AU's significance and connection to African heads of state. However, given other African leaders extensive human rights violations, they are unlikely to support such an indictment. (Institute for War and Peace Reporting)

The Institute for War and Peace Reporting deems that the prospect of a trial for Zimbabwe's ruler Robert Mugabe is bleak. As Zimbabwe has not ratified the International Criminal Court's statute, ICC investigations would require either a Security Council referral or a new government in Harare that would accept the Court's jurisdiction. However, judging from the Council's slow response in Sudan and the unlikelihood of a new Zimbabwean government handing Mugabe over to the ICC, impunity may very well be the fate of the leader.

The US tried to block a Security Council statement that suggested an International Criminal Court investigation on the August 13, 2004 massacre in Burundi, reports Reuters. The US has also recently campaigned to remove the ICC from next year's General Assembly agenda and make only member states that support the court bear its financial obligations. Though the Security Council did reach a compromise on the statement, members are increasingly irritated with "Washington's disdain" for the ICC.

The human rights organization Minority Rights Group calls on the International Criminal Court to undertake a full investigation into "persecution, extermination and other crimes" against the Bambuti pygmies by rebel groups backed by Rwanda and Uganda. One of the groups accused of the atrocities is the Movement for the Liberation of Congo, supported by Ugandan Vice-President Jean Pierre Bemba. (Independent)

French lawyer Jacques Verges said he has filed a war crimes complaint against Britain at the International Criminal Court for abuse of prisoners in Iraq. Acting on behalf of the relatives of prisoners, Verges allegedly filed the suit because of ample evidence that British nationals had committed war crimes and abetted crimes committed by American troops. (New York Times)

When un-signing from the International Criminal Court treaty, US President George W. Bush pledged the withdrawal would not result in a lack of justice for US misconduct abroad. Faced with allegations of US guards torturing Iraqi prisoners, will the US fulfill this commitment by taking an aggressive stance toward the abuses at Abu Ghraib? (Slate)

A team of international lawyers will present a report arguing the illegality of the invasion of Iraq to Luis Moreno Ocampo, prosecutor at the International Criminal Court (ICC). Should Ocampo demand an inquiry, British Prime Minister Tony Blair and US President George Bush could face charges. (Inter Press Service)

Britain's Prime Minister Tony Blair might face a formal complaint at the International Criminal Court for unlawfully waging war in Iraq. The allegations focus on breaches of the Geneva Conventions and the use of toxic depleted uranium shells against Iraqi tanks. (Independent)

Lawyers and Human Rights groups unite their efforts to try US and British military commanders for war crimes at the ICC. While US soldiers cannot be prosecuted for crimes committed on Iraqi soil, lawyers argue that US air raids causing civilian deaths that are launched from British airbases may give the ICC jurisdiction. (National Post)

ICC officials say that a phone call from Baghdad would be enough to give the International Criminal Court jurisdiction over British soldiers fighting in Iraq. Any action is unlikely to succeed due to lack of credible evidence though, even if the court gained jurisdiction. (Institute for War and Peace Reporting)

The ICC has jurisdiction over British troops who commit crimes of war in Iraq, though US and Iraqi forces enjoy immunity. In light of this, British officials are reticent to engage their troops in any military operations that may kill civilians, causing problems for any joint offensive launched by the UK and US. (Independent)

A US-led attack against Iraq unauthorized by the Security Council would violate international agreements including the UN Charter and the Geneva Conventions. While US leaders could not be prosecuted by the ICC alongside their British and Australian allies, other courts with universal jurisdiction over war crimes could put them on trial. (Inter Press Service)

President George W. Bush and senior government officials could be prosecuted for war crimes if "military tactics violated international humanitarian law." In addition, the International Criminal Court in The Hague could prosecute officials from Great Britain and Canada for their actions in a war against Iraq. (Lawyers Against the War)