Zimbabwe sues the EU on Illegal Economic Sanctions.

AG through with sanctions lawsuit
Wednesday, 12 October 2011 00:00

Attorney General Mr Johannes Tomana

Herald Reporter
ATTORNEY-General Mr Johannes Tomana and a team of legal experts have finished drafting court papers to mount a lawsuit against the European Union that imposed illegal sanctions on Zimbabwe.
The sanctions were imposed unilaterally by the 27 member EU bloc and the United Nations Security Council has refused to ratify them.
Government contends that the imposition of sanctions and their continued existence was a travesty of international law since UN did not approve them.

In an interview yesterday, Mr Tomana confirmed the development saying the court papers were likely to be filed in European courts before the end of this month.
"We are finalising drafting of the court papers and we hope to complete that exercise in two weeks time. We hope to file the papers during the course of this month," he said.
Mr Tomana said the EU, as a bloc would stand as a respondent in long legal battle, which is likely to draw world attention.

The lawsuit is the first legal step by the Zimbabwean Government to compel the EU to lift the embargoes.
The lawsuit comes hot on the heels of an "empty" visit by the EU managing director for Africa Mr Nick Westcott.
Mr Westcott met President Mugabe and other senior Government officials over the sanctions issue but failed to find a common ground.

His visit was as a result of a 14-day ultimatum by the AG seeking an explanation from the EU on the maintenance of the embargoes.
In the letter, Mr Tomana exposed the EU's glaring blunders on arriving at the imposition of sanctions.
The AG noted that the EU did not communicate its decision to people and companies placed on the sanctions list as required by Article 6 (2) of the Council Decision.

Some of the companies on EU sanctions list include the Zimbabwe Mining Development Corporation, Jongwe Printers and Agribank among others.
Harare resorted to take legal action against the EU after efforts to engage the EU diplomatically failed.

In 2009 Zimbabwe set a re-engagement team led by Foreign Affairs Minister Simbarashe Mumbengegwi to explore ways of normalising relations between Harare and the EU.
Little headway has been made to date with the EU not showing seriousness over the matter.

As revealed by the WikiLeaks, it had also became apparent that some parties in the inclusive Government particularly the MDC-T were also in supportive of the sanctions regime.
According to WikiLeaks cables, MDC-T officials intimated that sanctions were working to their advantage and should remain in place.

And Zimbabwe is not suing the

And Zimbabwe is not suing the EU on sanctions either. What a load of nonsense. Anyone else noticed that this is now slowly been forgotten about? Just more ZANU nonsense. They know sanctions are legal, and suing the EU would just make them look more stupid than they already look.

This is just

reason 's picture

This is just stupid.

In March 2010, The African

In March 2010, The African Union imposed sanctions on Madagascar's President, Andry Rajoelina, and 108 other people in that country. These sanctions are outside the remit of the UN - are they illegal?

The AU

admin's picture

The AU just suspeded Madagascar and that is fine.

Madagascar was suspended by

Madagascar was suspended by the AU in 2009, but we are talking about the sanctions of 2010. In March last year, the AU announced sanctions against individual members of the Rajoelina-led HTA. From the AU Peace and Security Committee communique:

This includes "a travel ban against all members of the institutions set up by the de facto authorities born out of the unconstitutional change, and all other individual members of the Rajoelina camp whose actions impede the AU and SADC efforts to restore constitutional order,"

The AU said it would also freeze the financial assets of all those "impeding the AU and SADC efforts to restore constitutional order", and pressed for the further diplomatic isolation of Malagasy authorities in non-African international organizations, such as the UN."

Are these sanctions illegal?

The AU

admin's picture

The AU sanctioned individuals and not Malagasy the country. The EU sanctioned Zimbabwe and ZDERA is about Zimbabwe and not about individuals.

So let's get this one

So let's get this one straight: the AU sanctions on individuals in Madagascar, the travel bans and asset freezes are all legal; so the sanctions on individuals in Zimbabwe by the EU must be legal also. That leaves just the arms embargo. Is that legal?

Arms embargo

admin's picture

Can you have an arms for a nation state embargo against an individual? That can only be against the state and ONLY the UNSC has a mandate to effect that.

Only the UNSC can effect an

Only the UNSC can effect an arms embargo on a state? Really? So when ECOWAS imposed an arms embargo on Guinea in October 2009, was that illegal?

It was not

admin's picture

It was not legal and that is why it did not bind and was never effected.

It was in force until March

It was in force until March 2011, when ECOWAS decided to lift the embargo. The lifting was nothing to do with illegality, but followed the holding of elections. Check here:

http://www.newstimeafrica.com/archives/18211

The EU sanctioned

The EU sanctioned individuals, you are making yourself look a fool

Really

admin's picture

The sanctions are against Zimbabwe and that is why we have ZDERA.

Individuals are not Zimbabwe,

Individuals are not Zimbabwe, are you saying there are no sanctions against any individual Zimbabweans

So we have

admin's picture

So we have an arms embargo against individuals? That is funny.

You are not making any sense

You are not making any sense here.... please explain

We have

admin's picture

We have an EU arms embargo on Zimbabwe. How does that relate to sanctions against a few individuals?

Because any arms going to

Because any arms going to Zimbabwe would come under the sole control of individuals on the sanctions list, those commanders of the security forces who, in recent years, have been more inclined to use arms against ordinary Zimbabweans than for national defence.

Give one incident

admin's picture

Give me one incident where a single soldier ever used a firearm on a Zimbabwean civilian ever since the country got independent. I am waiting.

Soldiers and paramilitary

Soldiers and paramilitary police from Zimbabwe have broken ranks to speak out about a 2008 operation in which civilians working in the Marange diamond fields were massacred.
Some of those involved in the attacks have told BBC Panorama that civilians were encircled, trapped and fired upon with automatic weapons.
Civilians who were present during the attacks said people were gunned down as they attempted to flee in panic.
The soldiers, many racked with guilt over their own actions, told the BBC the massacre was part of a full-scale military operation ordered from senior levels in Zimbabwe's military.
Its purpose was to clear the diamond fields of freelance diamond diggers to pave the way for the military to take charge of the area. Military sources said that about 1,500 soldiers took part in the operation.

In the end there was no way out
Officer who trapped miners
The BBC collected testimonies from 53 witnesses and victims of the attacks, as well as a number of perpetrators, including military officers.
The military operation was known as "Operation Hakudzokwe", which translates as Operation "You Shall Never Return".
The Zimbabwean government has not responded to the BBC's latest findings, but had previously denied its troops carried out killings in Marange in late 2008 following reports of the killings by human rights organisations.
Marange's riches became publicly known in 2006 and are of great interest to the diamond industry.
"In the last 20 years, we haven't found a significant great new deposit. It was the most significant find in many, many years," said Chaim Evan Zohar, international diamond analyst.
Trap laid
Some Marange diamonds are now starting to reappear on world markets due to mixed signals from the Kimberley Process (KP), the joint industry, government and non-governmental organisation group that is mandated to prevent so-called conflict or "blood" diamonds from being sold on international markets.
The KP eventually imposed a sales ban on Marange diamonds in 2009, when reports of large scale killings and abuses a year earlier surfaced. But now there is disagreement over whether or not the ban is still in place.

Massacre in the blood diamond fields

The massacre investigated by the BBC took place in late October 2008 when Zimbabwe was in the depths of economic crisis. Thousands of civilians had flocked to the diamond fields in the hope of finding gems.
Among the victims were women and children, some working in a makeshift market which had sprung up to sell food and clothes to the miners.
Unknown to them, several weeks before the killings began, the military had started laying a circular trap around the civilians.
They laid strings of mines and ultimately stationed armoured vehicles, mounted soldiers and an infantry battalion in a circular pattern around the 2.5km area.
"In the end there was no way out," said an officer who was directly involved in laying the trap.
Warning shots were initially fired, but soon after soldiers and paramilitary police then began firing AK47's directly into those fleeing, said former soldiers and paramilitary policemen, who have since fled to South Africa.
Multiple civilian and military witnesses said soldiers fired down on civilians from military helicopters.
"Twenty to 30 people would die every day. I am talking about the ones I saw with my own eyes," said one officer involved in the attacks.
"Even those that had been injured were being finished off," said another witness.
Mass graves
Several people told of seeing groups of bodies left in shallow graves in the diamond fields, or loosely covered with leaves.
Many civilians were severely mauled by trained dog units. Two told the BBC the dogs bit them on their testicles while soldiers or police looked on.
"Vumbai", a 27 year old mother of two, was dragged into a bush by a soldier.
"He then raped me. I could hear other people screaming and crying, female voices. It meant they were being raped like me."

The BBC has confirmed that a mass grave, containing between 69 and 105 bodies, exists at Damgamvura Cemetery in Mutare, the main town near the diamond fields.
A man who worked in the cemetery, who wished to remain anonymous, witnessed the burials.
"The body parts were packed in black plastic bags. You could actually see the bones piercing through the plastic. Blood was dripping everywhere. It was disgusting."
A morgue worker who helped pack the bodies for burial said the bodies decomposed at the morgue, which was overcrowded and was suffering electrical power cuts at the time.
He said he helped pack 105 bodies which went to Damgamvura. Other sources put the number buried there at 69. The BBC has obtained morgue documents showing 88 bodies came in from the diamond fields during three weeks in late 2008.
Several former paramilitary police and soldiers told the BBC that the operation was commanded in the normal way for a large scale military operation.
"Without orders from the top this would not have been possible," said a military officer who was directly involved in Operation Hakudzokwe.
President Robert Mugabe is Commander in Chief of Zimbabwe's military.
The BBC has collected evidence from two eyewitnesses who saw General Constantine Chiwenga, next in command, in the town closest to the diamond area, Mutare, during the period of the massacre.
Separately, the BBC has confirmed that the helicopters deployed in the killings came from Manyame air base, where Air Marshall Perence Shiri, Zimbabwe's air force chief, is based.
Global tensions
Luis Moreno Ocampo, Chief Prosecutor of the International Criminal Court (ICC) in The Hague, said attacks of this nature would be considered crimes against humanity.
"I cannot make any comment on your specific case but crimes against humanity can be committed when there is a widespread killing, attacks against the civilian population or systematic attacks against civilian population," he said of the BBC's findings.
Together with President Mugabe, Perence Shiri has been accused of masterminding the Gukurahundi killings in the 1980s in which many thousands of supporters of Mr Mugabe's key political opponent, Joshua Nkomo, were killed over a two-year period - their bodies dumped in mass graves.

The International Criminal Court needs a UN referral to investigate
They have never been prosecuted, partly because those attacks pre-date the ICC, which was constituted in 2002.
While the fresh accounts of the 2008 massacre could prompt an opportunity for a new investigation, the ICC cannot launch an investigation without a UN Security Council referral.
This is because Zimbabwe is not a party to the International Criminal Court.
Currently there is not the international will to push for such a prosecution.
The international community is instead focusing more closely on how to use diplomacy to help foster a stable democracy in Zimbabwe, both in the immediate future and after President Mugabe, now 87, dies.
Behind the scenes there are global tensions over the merits of international justice, with many governments quietly opposing strident efforts at prosecution because of the negative impact they can have on diplomacy.
But there are no guarantees that Perence Shiri, Constantine Chiwenga and other giants of Zimbabwe's political and security structures who allegedly have been party to large scale killings, will not still loom large on the political scene in a future Zimbabwe.

I do not read

admin's picture

I don't read BBC Panorama at all.

So this never happened then

So this never happened then Reason, a simple YES/NO will suffice"

Do you want some more... or are you going to admit you lied again?

Like I said

admin's picture

Like I said I do not read Panorama or watch it. I do not honour such discredited people with patronage. Yes it did not happen if its on Panorama.If any of it happened, then its all covered in lies and exaggeration.

Ha HA,,, you said that did

Ha HA,,, you said that did not happen, still want to stand by that?

There is 20,000 lest we

There is 20,000 lest we forget

I am talking

admin's picture

I am talking on non-war situation. Surely you know that war time statistics won't count on this one, sad as the situation may be.

Was the early rain which

Was the early rain which washes away the chaff before the spring rains a war or a slaughter?

Nonsense

admin's picture

In eight months NATO murdered 50 000 Libyans and that is a massacre. An exaggerated 20 000 from 1980 to 1987 is surely a pea standing next to a mountain.

There you go with you 50000

There you go with you 50000 lie again, you just can't help yourself can you.

New figures

admin's picture

New figures actually say it was 70 000 murdered by NATO.

From the soothsayers

From the soothsayers favourite site no less?

can you provide a credible link?

Yes

admin's picture

Yes I can.

Go on then supply you source

Go on then supply you source here

For example: 04 June 2008

For example:

04 June 2008

Men in army uniform shot and killed three opposition activists at Jerera Growth Point, Masvingo, then petrol-bombed the opposition offices which were burnt to the ground last night.

Four opposition Movement for Democratic Change (MDC) activists are missing while two are critically injured and are detained at St Anthony's Musiso Hospital.

Reports from Zaka said a truckload of men in army uniform besieged the MDC offices at Jerera Growth Point in Masvingo Province at midnight.

ImageThe 78-year-old grand-mother of MDC spokesman Nelson Chamisa, the MDC spokesperson,also had her arm broken in an assault by men in uniform earlier in the week together with his relatives, but Chamisa said the MDC would not be deterred. He says the actions of Zanu (PF) betray the ideals of Liberation War Heroes, Herbert Chitepo and Josiah Tongogara.

Looks like this ground

Looks like this ground breaking statement by I Reason has come to a standstill, another lie I guess by this fraud.

Why do you say

admin's picture

Why do you say so?

"Zimbabwe sues the EU on

"Zimbabwe sues the EU on Illegal Economic Sanctions."

Major statement and headline there Reason... has this happened yet?

Over 6 (six) weeks gone by and zilch! so what's going on is this more Zanu-PF propaganda being fed to the gullible masses?

The papers

admin's picture

The papers have been served as far as I last heard.

Reason lies again. If this

Reason lies again. If this were the case the herald would have said so.

The papers

admin's picture

The papers have been served. It will take long before the case is heard.

From the Herald, 28th

From the Herald, 28th October:

"A team of lawyers is expected to leave for Brussels, Belgium, next week to file a lawsuit against the European Union for imposing illegal sanctions on Zimbabwe."

That was the last anyone heard of this case. Did the "team of lawyers" go? Did they serve papers? Almost certainly not, since the Herald would have mentioned it.

The team left

admin's picture

The team left for Brussels and came back.

wrong place

Why did this team go to Brussels when the ECJ is in Luxembourg?

As I said before

admin's picture

They should be taking this case to the ICJ.

Maybe. But why did you claim

Maybe. But why did you claim that the legal team went to Brussels?

If I did

admin's picture

If I did it was my mistake. The information I have is that they left for Europe. I am not sure where exactly. And I am told this was to engage and brief a law firm.

Then the AG's office is

Then the AG's office is spinning you a line. If they had gone to Europe, it would have been splashed all over the Herald as: "Legal team in Europe to challenge illegal sanctions" or something, with a comment from Tomana. Are you sure they haven't quietly dropped the idea?

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