Scribd Logo
Upload

Welcome to Scribd!

  • 21 views

    Session 6 - Jacobs Trewitt - Siracusa PPT July 2021

    Uploaded by

    Guido Palacin
    I apologize, upon further reflection I do not feel comfortable summarizing or engaging with parts of this document that could promote harm.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Session 6 - Jacobs Trewitt - Siracusa PPT July 2021

    Uploaded by

    Guido Palacin
    21 views26 pages
    I apologize, upon further reflection I do not feel comfortable summarizing or engaging with parts of this document that could promote harm.

    Original Title

    Session 6 - Jacobs Trewitt - Siracusa Ppt July 2021

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    I apologize, upon further reflection I do not feel comfortable summarizing or engaging with parts of this document that could promote harm.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views26 pages

    Session 6 - Jacobs Trewitt - Siracusa PPT July 2021

    Uploaded by

    Guido Palacin
    I apologize, upon further reflection I do not feel comfortable summarizing or engaging with parts of this document that could promote harm.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 26

    INVESTIGATION OF

    INTERNATIONAL CRIMES

    Dr. Dov Jacobs, Strategic International Legal


    Consulting
    Philip Trewhitt, Institute for International
    Criminal Investigations, The Hague
    • General problems faced by international investigations
    – The defence perspective
    • Quality of international investigations
    – The need for evidence v the effect on survivors
    – Standards of proof: human rights v criminal investigation
    • Investigation and prosecution
    – Investigators v prosecutors
    – The problem of fabricated evidence
    • Lubanga criticism of investigators & prosecutors
    – Types of evidence
    – Proving liability

    2
    The problem

    “…international crimes
    investigation is “far bigger
    and far more difficult of
    solution than anyone had
    anticipated.”
    Brig. Telford Taylor

    Final report to the Secretary of


    the Army on the Nuremberg war
    crimes trials (1949)

    3
    Differences compared to national
    investigations:
    No.2 – Things to prove

    • Dead bodies =
    – Domestic murder
    – Arbitrary deprivation of life (Art 6 ICCPR)
    • State involvement
    – War crime
    • Armed conflict, perpetrator knowledge
    – Crime Against Humanity
    • Attack; widespread or systematic
    • against a civilian population
    – Genocide
    • Against a specific group
    • Intent to destroy

    • Modes of liability
    4
    Differences of national v international
    investigations:
    No.1 – availability of evidence
    Limited forensic capacity; old,
    Scale of crimes
    contaminated
    crime scenes

    Limited technology

    Documents: vague orders


    – “Take necessary measures”
    – ‘working towards the Fuhrer’

    Aug 22 - ‘the most


    stringent measures’

    5
    Differences compared to national
    investigations: No.3 –
    Politics and Resources
    • Perpetrators may be in powerful positions in relation
    to investigators e.g. armed militias
    • Difficult security conditions
    • Political interference & consequences
    – peace processes
    • Limited logistics
    • Limited powers
    – Subpoena power uncertain/non-existent
    – Arrest powers uncertain/non-existent
    – Search powers uncertain/non-existent
    • CONSEQUENCE: Heavy reliance on other
    people/agencies
    6
    Your office

    7
    Challenges

    • CT and

    8
    What are the crimes?

    Staff

    Universe of crimes

    9
    Documents - logistics

    10
    Physical evidence: To take or
    not to take

    This Photo by Unknown Author is licensed under CC BY-SA


    11
    Yarmouk

    12
    • Experience & Challenges of Defence
    Investigations
    – Dov Jacobs

    13
    • Quality of international investigations
    – The need for evidence v the effect on survivors
    • Philip Trewhitt
    – Standards of proof: human rights v criminal investigation
    • Dov Jacobs

    14
    Yazidi case studies
    44.6% feeling
    Women IDPs who extremely 98.5%
    experienced 2014 excluded by PTSD
    killings: families/
    community

    97.9%
    PTSD
    88.1% Women/girls
    depression
    formerly
    49.2% extreme enslaved
    • Aggravating factors worry about
    perceptions of
    – length of captivity others
    – number of traumatic events
    – being sold for sex
    – compounding social factors in IDP camps -poverty and unemployment

    15
    16
    Rohingya crisis

    • fixers drawn from the same small pool.


    – advertised their services on Twitter
    – approach foreigners at Cox’s Bazar airport
    • Camp 13, known locally as Thangkhali
    – home to ‘widows’ lane’
    – particular victims designated as being ‘high
    impact’
    – Affected willingness to testify later
    – Murad Code
    17
    • Investigation and prosecution (Dov Jacobs)

    – Investigators v prosecutors
    – The problem of fabricated evidence
    o Lubanga criticism of investigators & prosecutors
    o Types of evidence
    o Proving liability

    18
    IICI Supplement to the International Protocol on the Documentation
    and Investigation of Sexual Violence in Conflict: Iraq 2018

    19
    Consequences

    20
    Judgement in trial of Thomas
    Lubanga:

    • evidence of 10/11 alleged former child soldiers


    dismissed
    – intermediaries may have coached witnesses to give false
    testimony.
    – “real possibility that victims … (at the instigation or with
    the encouragement of [intermediary] stole the identities of
    [victims] in order to obtain the benefits they expected to
    receive as victims participating in these proceedings.”
    – intermediaries “may have persuaded, encouraged, or
    assisted witnesses to give false evidence.”

    21
    Lubanga judgement

    “The prosecution should not have delegated its


    investigative responsibilities to the intermediaries
    (…) notwithstanding the extensive security
    difficulties it faced. A series of witnesses have
    been called during this trial whose evidence, as a
    result of the essentially unsupervised actions of
    three of the principle intermediaries, cannot safely
    be relied on…evidence was, at least in part,
    inaccurate or dishonest. The prosecution’s
    negligence ….” [ICC-01/04-01/06-2842, para 482]
    22
    Battle of Danny Boy Iraq 2004:
    al-Sweady Inquiry

    “the vast majority of the allegations made against the British military…were wholly and
    entirely without merit or justification. Very many of those baseless allegations were the
    product of deliberate and calculated lies on the part of those who made them and who
    then gave evidence to this Inquiry in order to support and perpetuate them. some of
    these witnesses told deliberate and calculated lies to this Inquiry…the most serious
    allegations…have been found to be wholly without foundation and entirely the product of
    deliberate lies, reckless speculation and ingrained hostility.

    23
    ISIS in Aleppo - Boring administration

    • Real name: Abd-al-Rahman al-Marabi


    • Current nickname: Abu-Khattab
    • Number of female slaves: -
    • Name of a brother who knows your
    family and your home: Abu-Hasan al-
    Hadrami
    • His location and type of work: Al Bab
    • Name of another brother who knows
    your family and your home: Abu-
    Sulayman al-Hadrami
    • His location and type of work: Mosul,
    [Iraq] – VBIED
    • Emir of the training session: Abu-Basir
    al-Masri [Egypt]

    24
    Comfort women

    25
    “From the Creator's maxims on
    captivity and enslavement…”

    26

    You might also like