Posts Tagged Callixte Mbarushimana
Callixte Mbarushimana, the FDLR leader wanted by the International Criminal Court for crimes allegedly committed in the Kivus in 2009, was transferred by the French authorities to The Hague yesterday.
See the Jurist report here.
Callixte Mbarushimana is the fifth person to be arrested following the issuance of an arrest warrant by the International Criminal Court.
His initial appearance before the Court should take place on Friday at 9.30 CET. See the ICC press release here.
Callixte Mbarushimana’s Lawyer Contests Validity of Arrest Warrant – Divulgation Issues With OTP Continue
After Callixte Mbarushimana’s failure to stop the French authorities from transferring him to The Hague, Nicholas Kaufmann, his lawyer, has a new trick up his sleeve to try to get his client released: contesting the validity of the arrest warrant that was issued on 28 September 2010. We are not yet even close to the trial stage of the proceedings, and already problems are appearing that are worth commenting upon.
The claim. Mr. Kaufman’s main argument is that the arrest warrant for Callixte Mbarushimana was “sought and issued at a time when the case against him was plainly inadmissible” because there was an ongoing investigation regarding these same crimes and his client in Germany. This, he argues, despite the Prosecution’s claims that there were no such investigations in any State when they applied for the arrest warrant, and in violation of the fundamental principle of complementarity the International Criminal Court functions on.
To put it in simple terms, the Defence’s filing argues in elaborate and lawyerly terms that the Prosecution lied on a fundamental condition of admissibility – that there is no ongoing investigation for the same crimes anywhere – to get the Pre-Trial Chamber to issue the arrest warrant.
For now, it is hard to assess the validity of Mr. Kaufman’s claims, and it is better to wait for the Prosecution’s rebuttal due on Monday to pass any form of judgment or comment on this. However, it doesn’t stop there. Read the rest of this entry »
No, I am not talking about Prosecutor Luis Moreno-Ocampo in person, but of the Prosecutor of the ICC as an institution, and by extension of the entire Office of the Prosecutor (informally known as the OTP).
A recent submission by Mr. Callixte Mbarushimana’s lawyer, Mr. Nicholas Kaufman, has once more raised the issue of the neutrality of the Prosecutor, a matter that has been recurrent in submissions to the Court by Defence Counsels for at least the past six months.
Mr. Callixte Mbarushimana, an alleged leader of the Force Démocratique pour la Libération du Rwanda (FDLR), was arrested only a few weeks ago in France, in accordance with a warrant of arrest issued under seal. Mr. Mbarushimana is suspected by the International Criminal Court of crimes against humanity and war crimes allegedly committed in the Kivus in the DRC in 2009. Following his arrest, both the Registry and the OTP of the ICC issued press releases expressing satisfaction.