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Results for military courts

2 results found

Author: Human Rights Watch

Title: Justice on Trial: Lessons from the Minova Rape case in the Democratic Republic of Congo

Summary: In November 2012, thousands of defeated army troops rampaged through the small eastern town of Minova and neighboring villages in the Democratic Republic of Congo, pillaging and raping as they went. It was one of the worst incidents of sexual violence in Congo in recent years. A year later, under intense international pressure, Congolese judicial authorities brought to trial 25 soldiers and 14 officers for war crimes before a domestic military court. The Minova rape trial raised high hopes and drew intense international scrutiny. It was seen as a key test for providing accountability for the pervasive sexual violence and other abuses that have plagued eastern Congo. Yet, despite massive international support, the proceedings failed to deliver justice: none of the high level commanders with overall responsibility for the troops in Minova were indicted and some of those who went to prison were convicted on questionable evidence without right to appeal. Justice on Trial is based on extensive interviews with military justice officials, lawyers, victims who testified, United Nations staff, and local activists, and analysis of public court documents. It examines the inner workings of the Congolese military justice system and highlights - through the shortcomings in this case - the barriers that often thwart effective justice for atrocities in Congolese courts, including insufficient expertise in handling grave international crimes, violations of fair trial rights, and an apparent unwillingness to pursue high-level commanders. The scale of serious crimes committed in Congo, and the limitations of the International Criminal Court, increase the burden on the Congolese justice system to develop the capacity and will to prosecute crimes competently, independently, and impartially.

Details: New York: HRW, 2015. 110p.

Source: Internet Resource: Accessed October 8, 2015 at: https://www.hrw.org/sites/default/files/report_pdf/drc1015_4up_0.pdf

Year: 2015

Country: Congo, Democratic Republic

URL: https://www.hrw.org/sites/default/files/report_pdf/drc1015_4up_0.pdf

Shelf Number: 136972

Keywords:
Criminal Trials
Military Courts
Rape
Sexual Violence
Violence Against Women

Author: U.S. Government Accountability Office

Title: Military Courts: DOD Should Assess the Tradeoffs Associated With Expanding Public Access to and Information About Terrorism Trials

Summary: Why GAO Did This Study -- DOD is in the pre-trial phase of the military commissions' proceedings it is conducting to try the alleged perpetrators of terrorist attacks on the USS Cole and September 11, 2001. The Military Commissions Act of 2009 specifies that proceedings shall be publicly held unless the judge makes findings that justify a closed session, such as national security concerns. The National Defense Authorization Act for Fiscal Year 2018 included a provision for GAO to study the feasibility and advisability of expanding access to commissions' proceedings that are open to the public. This report describes (1) how DOD currently facilitates public access to proceedings; (2) challenges the public faces in gaining access to or obtaining information on proceedings; and (3) what is known about potential options to address public access challenges, including any related tradeoffs. GAO analyzed relevant laws and guidance; conducted a non-generalizable survey that received responses from 248 victims of terrorist attacks and their family members; collected data from DOD's website to analyze timeliness of court document postings; and interviewed relevant DOD officials and other government and non-government stakeholders. What GAO Recommends -- GAO recommends that DOD identify and analyze the risks associated with potential options for expanding public access to proceedings, and develop a strategy, as appropriate, for how it will meet its public access goals with the expected increase in public interest. DOD concurred with the recommendation.

Details: Washington, DC; GAO, 2019. 81p.

Source: Internet Resource: GAO-19-283: Accessed February 19, 2019 at: https://www.gao.gov/assets/700/696840.pdf

Year: 2019

Country: United States

URL: https://www.gao.gov/assets/700/696840.pdf

Shelf Number: 154663

Keywords:
Military Courts
Terrorists