London to host international meeting on alleged war crimes in Ukraine
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
The meeting in March, which will be hosted by UK Justice Secretary Dominic Raab and his Dutch counterpart Dilan Yesilgoz-Zegerius, will be attended by ICC Chief Prosecutor Karim Khan, according to a statement.
Justice ministers from around the world will gather in London to scale up the support being offered to the International Criminal Court in its investigations of alleged war crimes in Ukraine, the British government said on Saturday.
The meeting in March, which will be hosted by UK Justice Secretary Dominic Raab and his Dutch counterpart Dilan Yesilgoz-Zegerius, will be attended by ICC Chief Prosecutor Karim Khan, according to a statement.
“Almost a year on from the illegal invasion, the international community must give its strongest backing to the ICC so war criminals can be held to account for the atrocities we’re witnessing,” said Raab, who is also Britain’s deputy prime minister.
The meeting will seek to increase the global financial and practical support to the ICC and coordinate efforts to ensure it has all it needs to carry out investigations and prosecute those responsible, the statement said.
Russia, which calls its actions in Ukraine a “special military operation”, has denied targeting civilians and other war crimes. Ukraine and the West say Moscow has no justification for what they say is an imperial-style war of occupation.
Britain has been steady in its backing for Ukraine, having provided 2.3 billion pounds ($2.78 billion) in military support to Kyiv.
Russian and Ukrainian forces exchanged artillery fire at the front line in Ukraine on Friday, even after Moscow said it had ordered its troops to stop shooting for a unilateral truce that was rejected by Kyiv.
The ICC’s Khan last year opened an investigation into possible war crimes in Ukraine. Legal experts say the court’s jurisdiction on aggression only extends to member states and countries that have agreed to its jurisdiction, such as Ukraine but not Russia. Moscow does not recognise the tribunal.
“For us, it is crystal clear: these crimes may not go unpunished,” said Yesilgoz-Zegerius, describing the reports and images coming out of Ukraine as “horrific.”
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
William Ruto: From chicken seller to becoming Kenya’s President
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
William Ruto, the fifth president of Kenya, was born in a small village in Kenya’s Rift Valley to a religious family. As a child, he helped plant maize and went to school barefoot. He was able to wear his first pair of shoes at the age of 15.
William Ruto was sworn in as the fifth president of Kenya, on Tuesday, after he won the August 9 election in East Africa’s most stable democracy. The ceremony, a peaceful handover of power, was attended by global leaders and diplomats.
“I want to thank God because a village boy has become the president of Kenya,” The New York Times quoted Ruto as saying at the swearing-in ceremony.
Ruto was sworn in a week after the Supreme Court of Kenya upheld his victory in the Presidential election, which was held in August. Ruto, who has served as the deputy president for the last decade, will now have to deal with challenges such as the economic crisis in Kenya, where food and fuel prices have been surging, unemployment is rising and public debt is high.
Ruto, 55, was born in a small village in Kenya’s Rift Valley to a religious family. As a child, he helped plant maize and went to school barefoot. He was able to wear his first pair of shoes at the age of 15. Ruto also sold groundnuts and chicken by the roadside in the Rift Valley, BBC reported.
His popularity as a leader rose as he portrayed himself as the champion of the poor.
Ruto started his political career in 1992 under the dictatorship of Daniel arap Moi, who was a fellow Kalenjin from the Rift Valley. He was part of the ruling Kanu Party’s youth wing. Ruto was tasked with mobilising voters for Kenya’s first multi-party elections held in the same year. Five years later, Moi was re-elected and his protégé was elected to parliament at the age of 31. However, when Moi asked Ruto to groom Uhuru Kenyatta, the son of Kenya’s first president, as his successor, the seeds of discontentment were sown, according to The Economist.
In the 2007 election, with Kenyatta and Ruto on opposing sides, the country witnessed one of the worst ethnic violence in the history of independent Kenya. More than 1,000 people were killed in the rift between Ruto’s Kalenjin Tribal Federation and Kenyatta’s Kikuyu. Ruto and Kenyatta were charged with crimes against humanity by the International Criminal Court (ICC). However, the two leaders forged an alliance and won the election in 2013. Kenyatta was chosen as the president, while Ruto served as his deputy. At the ICC, both cases collapsed as the two leaders denied charges and witnesses recanted or disappeared.
Later, the alliance between Kenyatta and Ruto fell apart and Kenyatta endorsed his former opponent, Raila Odinga, as his favoured successor.
Ruto became the first Kenyan politician to move beyond ethnicity and appeal to class. He is reputed to be a powerful orator. Ruto often starts his speech with “My friend”, which helps him strike a rapport with voters. Ruto presides over a business empire which has luxury hotels, ranches and a huge poultry processing plant. Despite his wealth, he pitched this year’s election campaign as Kenya’s ‘hustlers,’ connecting with the young and ambitious people who are trying to make ends meet.
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
1862 | The Second Confiscation Act, which was a precursor to the Emancipation Proclamation, was passed by the Abraham Lincoln-led Congress in the US. (Image: Wiki Commons) 1917 | King George V issued a proclamation on July 17, 1917, changing the name of the British Royal family to Windsor from the German Saxe-Coburg-Gotha. The move came after the Germans started daylight raids on Britain, killing 18 children in one of the attacks. German Gotha bombers carried out the strike on the Upper North Street School in Poplar in June 1917, which was, by coincidence, the same name as the royal family. (Image: Wiki Commons) 1918 | Russian Tsar Nicholas II, who abdicated the throne on March 15, 1917, is executed by a firing squad along with his wife, Alexandra; son, Alexis; four daughters, Olga, Tatiana, Maria, and Anastasi, and four of their servants. (Image: Wiki Commons) 1936 | The Spanish Civil War, a planned rebellion of the Nationalists against the Republican government of Spain, started, sparking a bloody civil war which continued till 1939. The Nationalists and Francisco Franco assumed power in 1939. (Image: Wiki Commons) 1944 | Two ammunition ships at a facility at Port Chicago, California, 35 miles north of San Francisco, exploded, killing 322 people. (Image: Wiki Commons) 1948 | Lt. Gail S. Halvorsen, a US Air Force transport pilot, encountered children at Tempelhof Airport in Berlin and offered them candies. This gave him the idea to drop candy in ‘Operation Little Vittles’ during the Berlin Blockade. (Image: Wiki Commons) 1955 | Walt Disney’s new theme park called “Disneyland”, which had attractions based on the creations of Walt Disney and the Disney Company, opened to the public in Anaheim, California. (Image: Wiki Commons) 1984 | The US signed into law the National Minimum Drinking Age Act, prohibiting people under the age of 21 from buying or possessing alcohol. (Image: Shutterstock) 1998 | The United Nations adopted the Rome Statute, establishing the International Criminal Court, which seeks to protect people from genocide, war crimes, crimes against humanity and the crime of aggression. (Image: Shutterstock) 2014 | Malaysia Airlines flight MH17 from Amsterdam to Kuala Lumpur crashed over conflict-hit Ukraine after disappearing from radar. According to a BBC report, there were 283 passengers, including 80 children, and 15 crew members, on board when the flight crashed. A Dutch investigation later revealed that the aircraft was hit by a Russian-made surface-to-air missile. (Image: Reuters) 2020 | American civil rights leader John Lewis, who led the famed march in Selma, Alabama, that became known as “Bloody Sunday”, died at the age of 80. The Selma march is a landmark event in the history of the civil rights movement in 1965. (Image: Reuters)
World Day for International Justice: History and significance
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
World Day for International Justice marks the anniversary of the adoption of the Rome Statute in 1998. The Rome Statute treaty helped in the establishment of the International Criminal Court (ICC). The day aims to raise awareness about the crimes that put peace, security and well-being of the world at risk. The day also promotes victims’ rights.
July 17 is observed as the World Day for International Justice all around the world. The day aims to raise awareness about the crimes that put peace, security and well-being of the world at risk. The day also promotes victims’ rights.
Several discussions, talks and seminars are held on this day to discuss ways to prevent serious crimes. On an individual level, people can write an article or a blog to highlight crimes in their city. Several organisational groups and media outlets raise issues like violence against women and genocide on this day.
World Day for International Justice marks the anniversary of the adoption of the Rome Statute in 1998. The Rome Statute treaty helped in the establishment of the International Criminal Court (ICC). Since July 17, 1998, about 139 countries have signed the treaty and nearly 80 nations, representative of every region of the world, have ratified it. In June 2010, at the Review Conference of the Rome Statute in Uganda’s Kampala town, it was decided that July 17 would be observed as the Day of International Criminal Justice.
What is the International Criminal Court?
As the name indicates, the International Criminal Court (ICC) is an independent international judicial institution capable of holding trials against individuals accused of serious offences like violations of international human rights. While the ICC does not replace national courts, it is available when a country can’t (or won’t) carry out investigations or prosecute perpetrators.
Theme
The theme for World Day for International Justice 2022 is “Achieving Social Justice through Formal Employment”. The theme recognises how a section of the society suffered during (and after) the COVID-19 pandemic due to the loss of livelihood.
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
Explained: What is war crimes trial? Can Putin be held accountable?
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
A war crime trial is an international judicial proceeding against a person or multiple people, who have been accused of violating the international customs and laws surrounding the engagement of war or any conflict.
Russia was recently suspended from the United Nations human rights body as evidence emerged of war crimes perpetrated by Russian forces in Ukraine. The United Nations Human Rights Council’s decision was based on what it called “gross and systematic violations and abuses of human rights” in Russia’s war of aggression.
The resolution to suspend Russia received 93 votes in favour, 24 against, and 58 abstentions, including one from India.
The carnage
Indisputable proof of Russian atrocities during the ongoing invasion of Ukraine, which is in its second month, emerged as Russian forces retreated from the city of Bucha.
As Ukrainian forces, first responders and international journalists moved into the city, they were greeted with throngs of the dead with their hands tied behind their backs, crudely dug and covered mass graves, and many dead hung from trees. Ukrainian ombudsman stated that other crimes like gang rape of a 14-year old girl and the rape of an 11-year boy, whose own mother was forced to watch the act, also occurred in the city.
As Ukrainian funeral services exhumed bodies, carefully collecting them for analysis and future prosecution, they stated that many of the bodies bore signs of torture and were shot in the head.
A funeral service employee looks at bodies of civilians, collected from streets to local cemetery, in the town of Bucha, outside Kyiv, Ukraine. (Image: Reuters)
International media organisations like the Economist, Agence France Presse, CBS, Associated Press and others were first-hand witnesses to the atrocities left behind.
“Yesterday I returned from our city of Bucha, recently liberated from Russian troops not far from Kyiv. There is not a single crime that they would not commit there. The Russian military searched for and purposefully killed anyone who served our country,” said Ukrainian President Volodymyr Zelenskyy in his address to the UN Security Council after visiting Bucha.
“Women were raped and killed in front of their children. Their tongues were pulled out,” Zelenskyy said.
Over 400 dead civilians have been found in the region around Kyiv, which includes cities like Hostomel, Irpin and Bucha. Bucha’s mayor has said that 300 civilians were killed in Bucha alone.
Similar scenes were observed in the city of Borodyanka.
While Ukrainian citizens, authorities and spokespeople have highlighted the growing number of atrocities like the killing of civilians, mass rape, torture and abductions conducted by Russian forces, evidence had proven hard to collect due to the ongoing fighting in the cities.
The unearthing of the evidence prompted US President Joe Biden to state that Russian President Vladimir Putin should face war crime trials over his actions. “You may remember I got criticized for calling Putin a war criminal,” President Biden told reporters at the White House on Monday. “Well, the truth of the matter is, you saw what happened in Bucha. This warrants him — he is a war criminal. But we have to gather the information.”
“He (Putin) should be held accountable,” said President Biden.
What is a war crime and international crime?
A war crime trial is an international judicial proceeding against a person or multiple people, who have been accused of violating the international customs and laws surrounding the engagement of war or any conflict.
While it was generally understood that the atrocities committed by soldiers, officers and nations when at war were part and parcel of what constitutes a conflict, the only justice meted out was that by the victor.
Summary execution or imprisonment was often the choice of punishment. Over the course of the conflicts in the 19th and 20th centuries, the need for more formal mechanisms of determining what is and what is not morally acceptable during conflict was needed.
The Hague Conventions and the Geneva Conventions that were adopted through the late parts of the 19th century and the early parts of the 20th century formalised some of the very first important laws and customs surrounding war.
After WWII, the setting up of the Nuremberg Trials to prosecute the leaders of Nazi Germany and the International Military Tribunal for the Far East (IMTFE) to prosecute the leaders of Imperial Japan were established. The trials for the first time in recent history placed the onus of war and the atrocities on individuals instead of nation-states as a whole, and while criticized at the time, they were responsible for creating the sphere of international criminal law.
The crimes under international criminal law include genocide, war crimes, crimes against humanity, and the crime of aggression.
War crimes are defined based on certain principles of international humanitarian law – military necessity, distinction, proportionality, humanity, and honour. These principles along with the previous conventions, customs and laws like the Geneva Conventions were used to define what constitutes as war crimes in the Rome Statute of the International Criminal Court, the international treaty that established the permanent International Court of Justice.
The statute was ratified in 1998 and the ICC was established in 2002. Even though countries like India and China never ratified or signed the agreement, and countries like the US and Russia withdrew their participation later, the ICC has a wide jurisdiction for investigating and prosecuting war crimes, along with other international crimes.
Some war crimes include wilful killing, or causing great suffering or serious injury to body or health, torture or inhumane treatment, unlawful wanton destruction or appropriation of property, taking hostages, directing attacks against civilians, murder, cruel or degrading treatment and torture, rape, sexual slavery, forced prostitution or forced pregnancy.
Though Ukraine is not a state party to the Rome Statutes, it has accepted the jurisdiction of the ICC to conduct investigations into international crimes including war crimes on its soil. After receiving referrals from 39 state parties, ICC Prosecutor, Karim AA Khan QC had stated just days after the invasion of Ukraine began, that the office of the prosecution would begin investigating the situation in Ukraine.
A man stands next to graves with bodies of civilians, who according to local residents were killed by Russian soldiers in Bucha, in Kyiv region, Ukraine. (Image: Reuters)
While the ICC has the authority to persecute any individual, including a head of state, getting Putin, or even any other Russian who has been responsible for the atrocities to take the stand would be next to impossible. As the ICC cannot try anyone in absentia, a special tribunal made up of a select group of countries under a UN mandate may take the job of persecuting those responsible. But that too would face the added hurdle of Russia being a United Nations Security Council permanent member with a veto.
Is the war crime trial in Ukraine a farce?
While a war crime trial into the actions of Russian forces in Ukraine may not seem to amount to much, the investigation is critical to delegitimize the stand taken by Russia in this conflict. Additionally, the trial can serve as a crucial educational exercise to reveal to the world what truly is happening in Ukraine.
A successful trial may also drive away whatever allies Russia has, though a trial itself would take many years to resolve. Further investigation may also make Europe, and the countries trying to take advantage of cheap Russian oil, finally stop dealing with the country. A trial would also set the stage for a future Russian government to accept the blame of its soldiers and leaders if convicted.
But without the hammer of making Russia come to take the stand, the anvil of persecution means very little.
Especially for those millions of Ukrainians for whom the war crimes are not an intellectual debate but lived experiences for the past six weeks, and even the past 8 years. For them, a war crime trial may just be a validation of what they have gone through.
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
Ecocide can soon be a punishable offence, on a par with war crimes
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
The draft law, unveiled on Tuesday defines Ecocide, first coined in 1970, as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused by those acts.”
Demands to criminalize acts of environmental destruction and equate them with ‘wars of crime’ has been gaining momentum across the world. A panel of a dozen legal experts brought together by the Stop Ecocide Foundation (SEF) has now decided on a legal definition of the word “ecocide”.
The draft law, unveiled on Tuesday defines Ecocide, first coined in 1970, as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused by those acts.”
The International Criminal Court (ICC) can adopt this definition to prosecute the most heinous offences against the environment.
The SEF’s initiative establishes ‘ecocide’ in the same context as war crimes, genocide and crimes against humanity.
This is the first time that the definition has been convened globally and in response to political demand to actually look for a solution to this problem, Jojo Mehta, co-founder of the Stop Ecocide campaign, told CNBC.
It could come into force in four to five years, she added.
Referring to “a moral red line”, SEF is now pushing for a standalone law to punish decision-makers at the highest levels to prevent widespread environmental destruction.
She had started the campaign along with visionary lawyer Polly Higgins, who fought for recognition of “ecocide”.
The aim
If ecocide is recognized in international criminal law, it will bring several benefits such as a greater and wider public understanding of the scale and scope of the ecological crisis.
It can herald the expansion of international accountability and prevention/avoidance of eco-crimes. It can provide access to compensations, reimbursements, and damage claims.
Overall, it will open the door to enhance the rights of nature in the human context.
This could be the first major step in a global ‘climate change’ campaign aimed at preventing environmental catastrophes such as the Deepwater Horizon oil spill or the deforestation of the Amazon rainforest or deadly cyclones in the Arabian sea and the Bay of Bengal.
The history
Late Swedish Prime Minister Olof Palme had propounded the concept at the 1972 UN environmental conference in Stockholm.
Prominent personalities like Pope Francis and French President Emmanuel Macron had endorsed the movement to recognize ecocide as an international crime.
Swedish climate activist Greta Thunberg started Fridays for Future, as “a global people’s movement for climate justice” in 2018.
On December 2, 2019, the tiny South Pacific island nation of Vanuatu propagated ‘ecocide’ as an international crime. The Maldives government backed this move as both countries bore the brunt of ‘ecocide’ resulting in a land loss due to rising sea levels and global temperatures.
The challenges
There is resistance amongst countries to include corporates in the international ecocide law. In the current context, the law applies to individuals only. Some states are hesitant to enforce harsh penalties in their domestic regions.
Several large climate defaulter countries such as the US, China, India and Russia, among others are not a party to the ICC’s Rome Statute (123 countries are party).
At present, ICC prosecutes just four offences: genocide, crimes against humanity, crimes of aggression, and war crimes.
What’s next?
One amongst the ICC’s 123 member countries needs to submit the definition of Ecocide to the United Nations secretary-general, António Guterres. This would trigger a formal multistep process, which could lead to an amendment of the Rome Statute.
Rome Statute of the International Criminal Court establishes Court’s functions, jurisdictions, and structure. Rome Statute could then probe mass environmental destruction as the fifth crime.
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
Amnesty calls for Sudan’s Bashir to be handed to ICC
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
Ousted Sudanese president Omar al-Bashir should be handed over to the International Criminal Court, Amnesty International said after the army overthrew his three-decade iron rule on Thursday.
Ousted Sudanese president Omar al-Bashir should be handed over to the International Criminal Court, Amnesty International said after the army overthrew his three-decade iron rule on Thursday.
The London-based human rights organisation also urged the military authorities to ensure that new emergency laws do not undermine civil liberties.
“Bashir is wanted for some of the most odious human rights violations of our generation, and we need to finally see him held accountable,” Amnesty secretary general Kumi Naidoo said in a statement.
“The Sudanese authorities should now turn Bashir… over to the International Criminal Court so that the victims of these unspeakable crimes can see that justice is done.”
The 75-year-old is wanted by the ICC in The Hague on charges of genocide and war crimes.
Amnesty said it was “alarmed” by the new emergency measures that have been installed under the incoming transitional military council.
“Sudan’s military authorities should ensure that emergency laws are not used to undermine people’s rights,” said Naidoo.
“The transitional authorities must take all necessary measures to facilitate a peaceful transfer of power in Sudan. That means respecting the rights to freedom of expression and assembly.”
Naidoo said the world should recognise the courage Sudanese people have shown in demanding their civil liberties.
He added: “Today’s events should also serve as a wake-up call to leaders around the world who think they can get away with denying people their basic rights.”
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
PF litigations expected to come down after SC ruling: RPFC
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
Listen to the Article (6 Minutes)
Summary
The apex court in its judgement has ruled that special allowance is part of the basic wages for computing the employees’ provident fund (EPF).
Provident Fund deduction related litigations with the EPFO is likely to reduce after the Supreme Court ruling that special allowance paid by an employer is part of basic wages for EPF dues computation.
The apex court in its judgement has ruled that special allowance is part of the basic wages for computing the employees’ provident fund (EPF). The employer, as well as the employee, pay 12 percent of basic wages each towards contribution for social security scheme run by the Employees’ Provident Fund Organisation (EPFO).
“The order just upheld the existing sections of the EPF Act. After this ruling, it is expected that litigations related to deductions toward provident fund will be reduced,” RPFC Navendu Rai said on the sidelines of a seminar organised by the ICC on the EPF Act.
The apex court decision came when it was dealing with a question on whether special allowances paid by an establishment to its employees would fall within the expression “basic wages” under the provision of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 for computation of deduction towards provident fund.
Meanwhile, the Provident Fund (PF) balance transferred from one’s ex-employer will become an automated process as the EPFO is doing away with the manual process in place now, Additional CPFC EPFO, S K Sangma said.
Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout
3 Mins Read
Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter
5 Minutes Read
Listen to the Article (6 Minutes)
Daily Newsletter
