JERUSALEM — Israeli authorities have caused a forced displacement of Palestinian people in Gaza to an extent that constitutes war crimes and crimes against humanity, Human Rights Watch said in a report on Thursday.

The posters, which appeared across campus, accuse university faculty of being complicit in war crimes against Palestinians in Gaza. The university president condemned the posters as antisemitic.

A 2020 report had recommended investigations into 19 soldiers for the killing of 39 Afghan civilians and prisoners.

SARAJEVO, 16 June 2016 – The OSCE Mission to Bosnia and Herzegovina today published the report of Judge Joanna Korner CMG QC on war crimes processing at the state level in Bosnia and Herzegovina.

At a press conference held on this occasion, Ambassador Jonathan Moore, Head of the OSCE Mission to BiH, noted that the OSCE Mission to Bosnia and Herzegovina has been monitoring the prosecution of war crimes before the domestic courts of BiH since 1996, as part of its mandate under the Dayton Peace Accords.

“In 2003, the Mission developed an increasingly structured trial monitoring capacity.  In November 2006, the BiH High Judicial and Prosecutorial Council issued an Opinion recognizing the role of the Mission in observing criminal proceedings, stating that the OSCE Mission’s trial monitors should be given ‘full and unrestricted access to all documents they request within their mandate which includes monitoring the activities of courts and prosecutors’ offices,’” said Moore. 

The Mission has carried out training courses and other capacity-building activities for judicial and prosecutorial staff, and provided expert advice to the judiciary based on its findings.

“The Mission is routinely asked to provide information and analysis regarding the quality of war crimes processing at the state and entity levels. These inquiries come from a variety of sources, including private persons, victims’ and survivors’ associations, ICTY, and employees of BiH judicial institutions,” said Moore. “The purpose of such inquiries is generally to understand the capacity of domestic judicial institutions for processing war crimes cases in a manner that is fair to the interests of both victims and defendants and in line with international standards, and to identify gaps in the processing of such cases.”  

Moore emphasized that it is normal in democratic societies to have a vigorous public debate about judicial processes.  “No one is universally happy with every verdict, sentence, conviction, and acquittal.  Nevertheless, justice has yet to be done in many cases, more than 20 years after the end of the war in Bosnia and Herzegovina.”

In accordance with the mandate, role, and authorities of the Mission, with the support of the HJPC and in coordination with ICTY Chief Prosecutor Serge Brammertz and the British Embassy, Judge Korner was engaged by the OSCE Mission to BiH on the basis of her professional background and knowledge. 

Judge Korner visited BiH twice in order to review available materials, speak with prosecutors, judges, and others, and prepare an analytical report that would offer suggestions as to how to improve the processing of war crimes at the state level, at which the most complex and serious war crimes, crimes against humanity, and genocide cases, are processed. 

“The work of Judge Korner, her analysis and concrete advice are very valuable.  It is of course up to the institutions themselves, including the HJPC, the Prosecutor’s Office of BiH, and the Court of BiH to react to the report and to act upon its recommendations.  We respect the role of those institutions in guaranteeing the rule of law in Bosnia and Herzegovina.”

The Mission’s work in this regard is supported financially as part of its core budget and by additional contributions from the European Union, the United States, the United Kingdom, Switzerland, Norway, Germany, Italy, and Austria, and is closely co-ordinated with the International Criminal Tribunal for the former Yugoslavia.

Related Stories

• Judges and prosecutors in Bosnia and Herzegovina, at OSCE meeting, learn about videoconferencing to reach remote witnesses
• War crimes prosecutors in Bosnia and Herzegovina, at OSCE meeting in Mostar, discuss cases involving enforced disappearance
• OSCE supports international conference on obstacles in prosecuting war crimes in Bosnia and Herzegovina

How are war crimes prosecuted? Explainer Video NCapeling 26 April 2022

Explaining what war crimes are and how, in the circumstances of Ukraine, could war crimes be prosecuted.

The Geneva Conventions and Protocol 1 describe what they call ‘grave breaches’ of international humanitarian law, and both Ukraine and Russia are parties to these treaties.

Grave breaches include directly attacking civilians and launching an indiscriminate attack affecting the civilian population or civilian property.

Many states and the International Criminal Court (ICC) also have the possibility to prosecute a wider set of war crimes although, in the past, states have not prosecuted many such crimes committed outside their own territory.

Neither Russia nor Ukraine is a party to the ICC Statute, but Ukraine did declared it accepted the Court’s jurisdiction for crimes on its territory, and and investigations have now started.

But there are several problems to be overcome to achieve successful prosecutions, such as the collection and preservation of evidence, proof of the intent of the suspects in the heat of war, how to be arrest suspects, and the issue of immunity.

AMSTERDAM — The International Criminal Court's governing body will launch an external probe into its chief prosecutor Karim Khan over alleged sexual misconduct, it said in a statement on Monday, confirming a previous report by Reuters. "An external investigation is ... being pursued in order to ensure a fully independent, impartial and fair process," the statement said, also calling upon all parties to cooperate fully. Khan said in a statement that he would stay on in his key function of overseeing investigations into alleged war crimes, including in the Israel-Gaza conflict, while any issues relevant to the investigation would be handled by deputy prosecutors. Khan has previously denied allegations of misconduct that were reported to the court's governing body last month. At that time, he asked the court's own internal oversight body to investigate them. ICC judges are reviewing Khan's May request for arrest warrants against Israeli Prime Minister Netanyahu, his defense chief and Hamas leaders. Khan said the misconduct allegations aligned with a misinformation campaign against his office. The ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression in member states or by their nationals.

As it continues to leave a mounting trail of death and destruction in Gaza, Israel has come under severe attack from the international community, including the United Nations and its humanitarian agencies, Western allies, the International Criminal Court (ICC) and scores of human rights experts. During a conference in Paris, focusing on the new crisis […]

The United Nations continues to be virtually paralyzed – and remains politically impotent amidst two raging conflicts—as Russia and Israel keep defying the world body. The killings of civilians and the destruction of cities, particularly by Israel, are devastating and continue despite repeated warnings from the UN, its humanitarian agencies, the International Criminal Court (ICC), […]

Prosecutor rejects Australia’s argument International Criminal Court has no jurisdiction because Palestine is ‘not a state’

The Australian government has told the International Criminal Court it should not investigate alleged war crimes in Palestine because Palestine is “not a state”, arguing the court prosecutor’s investigation into alleged attacks on civilians, torture, attacks on hospitals, and the use of human shields, should be halted on jurisdictional grounds.

Australia was lobbied to make the submission to the court by Israel, which is not a party to the court. But the office of the prosecutor has rejected Australia’s argument, saying it had not formally challenged Palestine’s right to be a party to the court before.

Invitation Only Research Event

Event participants

Michelle Butler, Barrister, Matrix Chambers
Charles Garraway, Visiting Fellow, Human Rights Centre, University of Essex
Chair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House

Invitation Only Research Event

Event participants

Michelle Butler, Barrister, Matrix Chambers
Charles Garraway, Visiting Fellow, Human Rights Centre, University of Essex
Chair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House

A Judicial Issues Forum discussion among leading experts on the calamity in Darfur and the international community's failure to empower a suitable war crimes tribunal. The session reviewed the gravity of the situation in Sudan, the controversy over efforts to grant jurisdiction to the International Criminal Court, and the limited potential of other options—such as turning to the Rwanda genocide tribunal in Arusha, Tanzania, as an alternative.

The Working Group on Syria, Propaganda and Media were praised as 'recognised experts and reputable scientists' by a senior Russian official last week. Pictured: White Helmets in Syria, 2017.

Major Robert Campbell, 46, was cleared more than a decade ago of the manslaughter of 19-year-old Said Shabram, who drowned in a canal in Basra in 2003.

Australia's most decorated soldier Ben Roberts-Smith has rejected allegations aired in a Nine Network report that he had been involved in a war crime.

An investigation has spoken to 11 British detectives who said that they have found evidence of war crimes as insiders say soldiers should have been prosecuted for the killings.

Online Resource

Tanaka, Toshiyuki, 1949- author