Wednesday, December 15, 2010

IntLawGrrls

IntLawGrrls

Breaking News: ICC Kenya Indictments Announced

Posted: 15 Dec 2010 09:29 AM PST

As expected, Prosecutor Luis Moreno Ocampo today requested under Article 58 that the International Criminal Court issue summons to appear to six Kenyans in connection with his proprio motu investigation into post-election violence in Kenya. We've blogged about this and other issues involving transitional justice in Kenya here, here, here, and here. The six individuals to be prosecuted in two cases are:
1. William Samoei Ruto (left) who is the suspended Minister of Higher Education, Science and Technology and a member of Parliament for Eldoret, one of the places hardest hit by the violence. He was a supporter of Raila Odinga, Kenya's Prime Minister.
2. Henry Kiprono Kosgey is the Minister of Industrialization and a MP for Tinderet Constituency. He is former chair of the orange Democratic Movement (ODM), Odinga's party.
3. Joshua Arap Sang (right) is currently Head of Operations of and a commentator on a Kenyan radio station. He was accused of inciting violence after the elections.
The highly-redacted Article 58 Applications for the Odinga supporters is available here.
4. Francis Kirimi Muthaura (below right, addressing Kofi Annan) is Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee and a Kibaki supporter. He is accused of authorizing the police to use excessive force against ODM supporters.
5. Uhuru Muigai Kenyatta is currently the Deputy Prime Minister and Minister of Finance and Chair of the KANU party. He is the son of Jomo Kenyatta, Kenya's first president.
6. Mohamed Hussein Ali is Chief Executive of the Postal Corporation of Kenya and was Commissioner of the Kenya Police in the post-election period.
The equally-redacted Article 58 Application for the Party of National Unity supporters is available here. The crimes against humanity to be charged include murder, torture, persecution, and deportation.
The full Press Release is here and a video of the press conference is here. All suspects have apparently been on television stating they would cooperate with the ICC, although many of have publicly discredited the investigation.
In response to the Applications, President Obama issued the following statement:
Today, as the International Criminal Court announces the names of six suspects alleged to have participated in the post-election violence that threatened to tear Kenya apart three years ago, I encourage all Kenyans take a moment to reflect on the tremendous progress their country has made since those dark days. Together, you have been working to reconcile your communities, to reform your institutions to better serve the public good, and to put your country on a path to lasting peace and prosperity. Kenya is turning a page in its history, moving away from impunity and divisionism toward an era of accountability and equal opportunity. The path ahead is not easy, but I believe that the Kenyan people have the courage and resolve to reject those who would drag the country back into the past and rob Kenyans of the singular opportunity that is before them to realize the country's vast potential.

In pursuit of these goals, I urge all of Kenya's leaders, and the people whom they serve, to cooperate fully with the ICC investigation and remain focused on implementation of the reform agenda and the future of your nation. Those found responsible will be held accountable for their crimes as individuals. No community should be singled out for shame or held collectively responsible. Let the accused carry their own burdens - and let us keep in mind that under the ICC process they are innocent until proven guilty. As you move forward, Kenyans can count on the United States as a friend and partner.

Hear, hear.

Child marriage, abroad & at home

Posted: 15 Dec 2010 03:00 AM PST




Pending in the U.S. House of Representatives is a bill to combat child marriage around world.
The International Protecting Girls by Preventing Child Marriage Act of 2010 (S. 987) unanimously passed the Senate 11 days ago. The bill finds, inter alia:

Child marriage, also known as 'forced marriage' or 'early marriage', is a harmful traditional practice that deprives girls of their dignity and human rights.
and:

Child marriage as a traditional practice, as well as through coercion or force, is a violation of article 16 of the Universal Declaration of Human Rights, which states, 'Marriage shall be entered into only with the free and full consent of intending spouses'.
Citing the frequency with which under-18 girls (girls in particular, though elsewhere the bill mentions boys, too) marry, in countries like "Niger, Chad, Mali, Bangladesh, Guinea, the Central African Republic, Mozambique, Burkina Faso, and Nepal," the bill would:
► Authorize the U.S. President to work with "multilateral, nongovernmental, and faith-based organizations" to develop a child-marriage-prevention strategy that includes "education, health, income generation, changing social norms, human rights, and democracy building"; and
► Require that information about the nature and prevalence of child marriage be included in the annual Country Reports published by the U.S. Department of State.
No word on when such legislation might be taken up in the House.
Movement in that direction received a notable boost last week, in a Washington Post op-ed published jointly by Mary Robinson (right), formerly the President of Ireland and the U.N. High Commissioner for Human Rights, and Desmond Tutu, Archbishop Emeritus of Cape Town, South Africa, and winner of the 1984 Nobel Peace Prize. Members of The Elders group established by former the South African President and Nobel Peace Prizewinner, the 2 wrote:

As members of an independent group of leaders who were asked by Nelson Mandela to use our influence to address major causes of human suffering, we have never been involved in supporting a specific piece of legislation before, but we believe that investing in efforts to prevent child marriage is critical to global development and the achievement of the U.N. Millennium Development Goals. We applaud the Senate for passing this forward-looking legislation and urge the House of Representatives to follow suit.
Against the backdrop of these recent legislative efforts, an item discovered in the Library of Congress archives jumped out.
A captivating account of early 20th C. "women's editions" published by the mainstream U.S. press included the Louisville Courier-Journal clipping at left, entitled "Black List of States". Listed was the legal limit "at which fathers, brothers, and husbands have placed the age at which a little girl may consent to her ruin" -- that is, the age at which she could become a child bride in the United States.
In all but 3 states (Colorado, Kansas, and Wyoming), the age was under 18.
The youngest age of legal consent?
7 years, in Delaware.
The date?
1895, just 53 years before adoption of the Universal Declaration to which the pending legislation refers.

On December 15

Posted: 15 Dec 2010 01:04 AM PST

On this day in ...
... 1995 (15 years ago today), on the 1st day of a 2-day summit in Madrid, Spain, European leaders unanimously agreed on a timetable for introduction of "a single, unifying currency for the 21st century," which they called the euro (symbol at left). According to The New York Times, the agreement marked an effort by
many European leaders to forge a single currency and a broader economic and political integration of the Continent that they hope will invigorate its flagging economy and insure greater political stability and peace.
The euro would become legal tender at the stroke of midnight January 1, 2002 (at which moment this 'Grrl acquired a mint set of coins and notes, in Salzburg, Austria), and go on to have more notes and coins in circulation than any other type of money, including the U.S. dollar. But it has fallen on hard times amid European economic demise these last months -- so much that some pundits now wonder whether the end of the euro is nigh.

(Prior December 15 posts are here, here, and here.)
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