26 October 2020 – Kabuga transferred to The Hague, and Gambia makes full submissions in ICJ genocide case against Myanmar
UN MICT orders transfer of Felicien Kabuga to The Hague: On 26 October, Felicien Kabuga was transferred to the custody of the International Residual Mechanism for Criminal Tribunals in The Hague. His arrival in the Netherlands came after the Trial Chamber of the MICT, decided on 21 October to amend the Arrest Warrant and Order for Transfer, order that Kabuga be transferred to the UN Dentention Unit at the Hague Branch of the Mechanism, and invited the President of the Mechanism to modify Kabuga’s conditions of detention to allow for his detention there. Kabuga was subject to an international arrest warrant issued by the Mechanism on 29 April 2013 , which directed that he be transferred to the Arusha Branch of the Mechanism. On 16 May 2020 , French authorities arrested Kabuga in France on the authority of that warrant. Kabuga made a challenge the Mechanism’s jurisdiction to take custody of and transfer him to the Arusha Branch for trial which failed before the Investigating Chamber of the Cour d ‘appel de Paris. Simultaneously, he Mechanism’s Prosecutor, in May 2020, sought the amendment of the Arrest Warrant and Order for Transfer to provide for Kabuga’s transfer to the Hague Branch of the Mechanism. The request was dismissed on the grounds that the Prosecutor failed to sufficiently support the request.
Mechanism to allow the Mechanism to review Kabuga’s medical file and conduct its own assessment as to his fitness to travel to Arusha.
Gambia files memorial in ICJ case against Myanmar over genocide of Rohingya Muslims: On 23 October 2020, The Gambia filed its full submissions on the merits in the ICJ case against Myanmar over the genocide of Rohingya Muslims. The memorial filed contains approximately 5,000 pages of supporting materials and is approximately 500 pages in length. The Memorial alleges that Myanmar authorities of continuing to commit human rights violations against the Rohingya even after the provisional measures, confining more than 125,000 Rohingya in over 20 internment camps. It also asks the Court to hold Myanmar responsible for the commission of genocide, immediately cease its wrongful acts, prosecute and punish the perpetrators, pay reparations to the victims, and permit Rohingya refugees who were forced to flee the country to return safely and securely to their homes.