A/HRC/8/14*
page 12
conscripting and enlisting children under the age of 15 as soldiers, and using them to participate
actively in hostilities. He was arrested on 17 March 2006, and was subsequently transferred to
The Hague. The confirmation of charges hearing ended at the end of November 2006. If this case
reaches trial, it is likely to be the first to be heard at the ICC, and could contribute to efforts to
protecting the rights of children and combating impunity for serious violations of international
humanitarian and human rights law.
27. Also concerning the situation in the Democratic Republic of the Congo, on 6 July 2007 the
Prosecutor issued an arrest warrant against Germain Katanga, believed to be the leader of the
Front des nationalistes et intégrationnistes. Mr. Katanga, who was detained at the Centre
pénitentiaire et de rééducation de Kinshasa, was transferred to The Hague on 18 October 2007.
The case is currently under proceedings in the Pre-Trial Chamber.
28. In the context of the investigation of the situation in Darfur, on 27 April 2007 the Office of
the Prosecutor issued an arrest warrant against Ahmad Muhammad Harun, Minister of State for
the Interior of the Government of the Sudan, and Ali Muhammad Al Abd-Al-Rahman, allegedly
a senior leader in the tribal hierarchy in the Wadi Salih locality and a member of the Popular
Defence Force (PDF) commanding thousands of Janjaweed militias, for the commission of war
crimes and crimes against humanity.
5. Application of standards of humanity by special courts
29. The practice of special tribunals, such as the Special Court for Sierra Leone and the
Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed
during the Period of Democratic Kampuchea have contributed to reinforcing the application of
standards of humanity in the legal practice of national or hybrid type of jurisdictions.
30. Trial Chamber I of the Special Court for Sierra Leone reaffirmed in its decision on the
CDF case, inter alia, the role of customary international humanitarian law in the context of
internal armed conflict, indicating that current legal developments lead to the conclusion that
violations to common article 3 to the Geneva Conventions are crimes prohibited in all conflicts,
international and internal.32 In the AFRC case, Trial Chamber II further analysed the elements of
crimes against humanity and war crimes in the Statute of the Special Court.33 The Court’s
decisions on the RUF case and the Taylor case could provide further analysis into the application
of customary international humanitarian norms in situations of internal armed conflict.
31. Concerning the Extraordinary Chambers in the Courts of Cambodia, the enacting
legislation included the crimes of genocide, crimes against humanity and grave breaches of the
Geneva conventions as core crimes in the jurisdiction of the Chambers. Up to this date, five
high-ranking suspects, including Kaing Guek Eav (alias Duch), have been detained and are
awaiting trial. These trials could contribute to end impunity and to attribute responsibility for the
grave violations committed in Cambodia from 1975 to 1979.
32
Case No. SCSL-04-14-T, paras. 98-99.
33
Case No. SCLS-04-16-T, paras. 212 ss.
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