crimes against humanity

Germans want investigation of crimes in Ukraine

More than half of the German population thinks that the European Union should investigate crimes committed during the Ukrainian crisis, with most respondents pointing out the crimes against humanity, an ICM poll commissioned by Rossiya Segodnya International Information Agency revealed.

According to the poll, 54 percent of Germans say crimes that occurred during the conflict need to be investigated, while 41 percent stated that the union should not do so, with 5 percent remaining uncertain on the issue.

As much as 94 percent of the German respondents believe that it is crimes against humanity that should be investigated first and foremost. Almost everyone aged between 35 and 44, or 99 percent, support this idea.

Among those polled, 90 percent believe that cases of abduction and murder of media workers should also be investigated, with 94 percent of those between 35 and 44 years old, and 93 percent of those aged between 24 and 35 supporting such an investigation.

The reasons behind the Malaysia Airlines aircraft crash in eastern Ukraine in July should be investigated as well, 89 percent said. Such an opinion is common for Germans aged between 55 and 64, with 95 percent of respondents agreeing.

ICM conducted a survey among 3,006 randomly selected respondents from September 17 to 28 in the United Kingdom, France and Germany.

In mid-April, the Ukrainian government launched a military operation in eastern Ukraine in an attempt to suppress independence supporters of the eastern regions, leading to thousands of casualties among civilians.

On September 23, several mass graves with more than 400 bodies of civilians and independence supporters were found near the eastern Ukrainian city of Donetsk. Russia’s Investigative Committee has launched a criminal case against several Ukraine’s officials accusing them of genocide of the Russian-speaking population in eastern Ukraine.

Complaint against Zimbabwean officials for crimes against humanity

Ben Freeth, right, and farmworkers — Ben Freeth, right, and farm workers

Rights activist, Ben Freeth, have laid a complaint of crimes against humanity against several high ranking Zimbabwean officials.

The action stems from alleged human rights abuses by the Zimbabwean government against farm workers, commercial farmers and the opposition. They want the police to investigate the claims and eventually have the perpetrators prosecuted for crimes against mankind.

Enough evidence exists for police to start investigations. Some 33 affidavits of Zimbabwean farmers and ordinary citizens have been collected to support their claims.

Zimbabwean Human Rights Activist Ben Freeth says: “The attack has gotten worse, almost all those farmers and farm workers have been left without anything at all.”

AfriForum Legal Representative Willie Spies says: “It is important to bring the actual perpetrators to justice. Our legal system do allow for that. SA is party to the statute of Rome. In terms of our international legal obligation, SA is obliged to investigate complains that have been laid by victims.”

The Zimbabwean embassy declined to comment on the matter. Unisa International Law Professor, Gus Waschefort says, “The decision by the Zimbabwean embassy not to comment is driven by a political dimension. The crimes were committed by individuals, not the state.”

The action was prompted by the Supreme Court of Appeal that ordered the NPA to investigate crimes against humanity and human rights abuses according to the Rome Statute.

Zim crimes ruling a ‘landmark decision’

A court ruling that the SA Police Service (SAPS) can investigate alleged Zimbabwean crimes against humanity was described as a landmark decision on Wednesday.

“The court’s decision makes it clear that South Africa has a legal obligation to investigate the perpetrators of international crimes wherever those crimes were committed,” said Priti Patel, deputy director of the SA Litigation Centre (Salc).

Salc said the finding by the Supreme Court of Appeal earlier in the day was a landmark decision for local and international justice.

Salc and the Zimbabwe Exiles’ Forum (ZEF) brought the case to the South African courts.

Patel said the ruling confirmed that the dispensing of international justice was not restricted to international forums.

“It commits the South African authorities to play their part in ensuring that torturers and other international criminals are held accountable for their actions.”

Salc submitted a document to the National Prosecuting Authority in 2008 containing evidence of the alleged involvement of key Zimbabwean officials in perpetrating crimes against humanity in relation to the torture of opposition party members in March 2007.

They wanted the NPA and the SAPS to initiate an investigation into the alleged crimes. The NPA and the SAPS refused to investigate and Salc and the ZEF appealed to the high court. It found in Salc’s favour.

The SAPS and the NPA appealed against the finding to the Supreme Court of Appeal.

The SCA held that the SAPS was empowered to investigate alleged human rights violations in Zimbabwe.

The court dismissed the appeal of the national police commissioner and national director of public prosecutions in the matter.

The SCA rejected the police’s submission that crimes against humanity were deemed to have been committed only once the perpetrators set foot in South Africa.

The court held that the police could investigate, irrespective of whether the alleged perpetrators were in the country.

It further found that, under international law, the SAPS was obliged to initiate an investigation into the alleged offences.

The court found that, on the police’s own version, there was enough evidence to initiate an investigation. This included determining whether the alleged perpetrators were in South Africa.

“No doubt, in conducting that investigation, the police will consider issues such as the gathering of information in a manner that does not impinge on Zimbabwe’s sovereignty,” the judgment read.

The court said it could not tell the police how to investigate such issues. – Sapa

Spanish Court issues arrest warrant for ex-Chinese President

Spains’s National Court has issued an international arrest warrant for China’s former president Jiang Zemin, after it ruled that the Chinese leader may have been responsible for “genocide, crimes against humanity, torture and terrorism” against Tibetans during the 1980s and 1990s.

The case was reportedly brought to the court in 2006 by two Tibetan support groups and a monk with Spanish nationality, utilising a principle in Spanish law known as universal jurisdiction – whereby suspects of human rights abuses committed abroad can be tried when a Spanish victim is involved.

The National Court wrote in a ruling released on Tuesday that there were “indications of participation” by Jiang and four other Chinese officials in the alleged crimes, “given the political or military responsibility” they held at the time.

International human rights and pro-Tibetan groups have long criticised Beijing for what they call oppressive policies in Tibetan regions, where more than 100 monks and laymen have self-immolated in protest of Beijing’s rule. Beijing has argued that it has poured huge investments into the region to lift Tibetans out of poverty and have accused exiled Tibetan spiritual leader, the Dalai Lama, of inciting dissent to split Tibet from China. – Economy Watch

Kenya’s deputy president to ICC trial for crimes againts humanity

Kenyan Vice-President William Ruto left Nairobi to fly to The Hague Monday, a day before the start of his crimes against humanity trial at the International Criminal Court.

Ruto, 46, charged with masterminding deadly post-election violence five years ago, is the most senior politician to date to face ICC judges, and his trial will start just days after Kenyan MPs voted to abandon the court in a world first.

He waved to the small crowd at the airport as he left, but made no comment.

Ruto is accused by the ICC of masterminding some of the 2007-2008 post-election unrest that left at least 1,100 dead and more than 600,000 homeless.

Fellow accused Joshua arap Sang, a radio boss accused of inciting and helping coordinate attacks during the violence, is already in The Hague, after flying there over the weekend.

Both will plead not guilty.

On Sunday, Ruto prayed in church alongside President Uhuru Kenyatta, also accused of organising a campaign of murder, rape, persecution and deportation, whose ICC trial begins on November 12.

However, Kenyatta on Sunday said that he will not allow both leaders to be away from Kenya at the same time.

“We will work with ICC, and we have always promised to do this,” Kenyatta told a rally of supporters. “But it must understand that Kenya has a constitution, and Ruto and myself won’t be away at the same time.”

Kenyatta, who will also plead not guilty, said the “charges are false and will be dismissed”.

“The plotters of this scheme will be named and shamed. The victory won’t be Ruto’s, Sang’s or mine, but for Kenya,” he said to cheering crowds.

Kenya’s 2007 elections were marred by allegations of vote rigging, but what began as political riots quickly spiralled into a wave of ethnic killings and reprisal attacks, the worst violence in the country since independence in 1963.