Chemical Weapons Team Set to Begin Syrian Disarmament

By Thomas Murphy
Impunity Watch Reporter, Middle East

DAMASCUS, Syria – The Organization for the Prohibition of Chemical Weapons (OPCW), the global agency charged with enforcing the Chemical Weapons Convention, is preparing to send a team of twenty to Syria on Monday. The team will be responsible for setting up a base of operations, secure communications, and other basic necessities to begin the process of destroying Syria’s chemical weapons stockpiles. Another team will follow a week later to begin the inspection process.

The headquarters of the Organization for the Prohibition of Chemical Weapons in The Hague, Netherlands.

On Saturday, the OPCW agreed to a very ambitious schedule set forth by the United States and Russia, along with their Security Counsel counterparts, to destroy Syria’s chemical weapons. The plan sets a 1 November deadline for the dismantling of all chemical weapons production facilities and a 1 July deadline to destroy all chemical weapons stockpiles. Plans of this nature typically take years to complete, but under such pressing circumstances the OPCW hopes to complete the process in just nine months.

The OPCW, headquartered in The Hague, has handled the destruction of all chemical weapons under the Chemical Weapons Convention since it inception in 1997.  Syria’s membership has been accelerated and it will become the 190th party to the Convention on 14 October. The speed of situation presents a challenge for the OPCW, which typically deals with the disarmament of well-known quantities of US and Russian Cold War stockpiles.

“It’s kind of a 9-to-5 organization, in a way. It’s not a 24-7 organization, and it’s going to have to adapt to that,” said Faiza Patel, a former senior policy officer at the OPCW. “The organization is not really set up to be an investigative organization,” unlike the U.N. investigators who were sent to Iraq in the 1990s, she said. “It’s set up to do routine inspections that are based on the declarations that the states provide.”

Fortunately, most of Syria’s chemical weapons stockpiles are “unweaponized”, according to US and Russian intelligence and Syrian statements submitted to the OPCW thus far. Essentially, the “vast majority” of nerve agent is in a liquid bulk form and much easier to dispose of compared to battlefield ready liquid or loaded warheads.

For further information, please see:

Washington Post – Inspectors from obscure agency ready to destroy Syrian chemical weapons – 28 September 2013

Wall Street Journal – Weapons Teams Get Set to Tackle Syria’s Chemical Arsenal – 28 September 2013

Time – U.S. and Russia Say Majority of Syrian Chemical Arsenal Is “Unweaponized” –  27 September 2013

Washington Post – Most of Syria’s toxins can be destroyed more easily than officials initially thought – 26 September 2013

Greece’s Golden Dawn Accused of Criminal Activity and If Convicted, May Be Gone

By Ben Kopp
Impunity Watch Reporter, Europe

ATHENS, Greece – Greek authorities began arresting the Golden Dawn party’s leaders and supporters accused of creating a criminal organization, rather than a political party. Human rights groups have previously accused the group of links to attacks on immigrants.

Golden Dawn accused of organizing a criminal organization and links to attacks on immigrants and political opponents. (Photo courtesy of Washington Post)

Golden Dawn is Greece’s extreme-right political party with neo-Nazi roots. In May 2012, the party first entered parliament by capitalizing on the financial crisis, rising crime, and anti-immigrant sentiments. Often, Golden Dawn members and supporters were suspected of violence against immigrants and political opponents; particularly Communists.

The 18 September 2013 death of rapper Pavlos Fyssas sparked outrage and protests throughout Greece, which compelled a government-ordered investigation. After police arrested the suspect, he admitted to the stabbing and identified himself as a Golden Dawn supporter. While police examined cellphone records of the suspect and 300 others connected to the party, Golden Dawn denied any connection between themselves and the suspect.

In the 2012 general election, Golden Dawn won almost 7% of the vote. Despite the party’s denial of connection to Fyssas’s death, Golden Dawn has lost appeal in the past week.

Many Greeks have called for the government to ban Golden Dawn. However, Greece’s constitution does not allow political parties to be banned.

On 28 September 2013, Greek authorities arrested the Golden Dawn party’s leader, Nikos Michaloliakos, along with other lawmakers and supporters of Golden Dawn. The arrests are part of a government crackdown on the anti-immigrant party. This is the first time since the democratic restoration in 1974 that sitting members of Parliament have been arrested. The 17 lawmakers arrested were charged with forming a criminal organization.

At least one police officer was also arrested, in connection with accusations of law enforcement ignoring Golden Dawn violence and immigrant mistreatment.

Golden Dawn expressed outrage at the arrests in a text message to journalists: “We call upon everyone to support our moral and just struggle against the corrupt system! Everyone come to our offices!”

“It is an unprecedentedly dynamic response to a neo-Nazi organization,” government spokesman Simos Kedikoglou told The Associated Press. “The prime minister and the government were determined to deal with Golden Dawn solely through the justice system…We have succeeded in stripping them of their political cover and deal with them as what they really are, a criminal organization.”

Greece’s Supreme Court and anti-terrorist squad have begun handling the case. Unless convicted, Golden Dawn lawmakers will retain their parliamentary seats.

Recently, Golden Dawn suggested that its deputies might resign to provoke elections.

“Justice, stability, no elections,” said Prime Minister Antonis Samaras.

For further information, please see:

BBC News – Greece’s Golden Dawn Leader Michaloliakos Held in Crackdown – September 28, 2013

CNN International – Greece: Golden Dawn Party Leader and 4 Lawmakers Arrested, Police Say – September 28, 2013

Euronews – Greek Police Arrest Far-Right Golden Dawn Party Leader – September 28, 2013

Reuters – UPDATE 4-Greek Police Arrest Leader, Lawmakers of Far-Right Golden Dawn – September 28, 2013

Washington Post – Greek Authorities Arrest Leader, Others from Extreme Right Party in Escalating Crackdown – September 28, 2013

British Intended and Birth Mothers Seek Same Benefits as Birth and Adoptive Parents

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The European Court of Justice advised a British woman that she and her British surrogate were entitled to the same maternity leave as birth and adoptive parents, under the EU Pregnant Workers Directive. In a separate advice, the ECJ stated that an Irish woman and her Californian surrogate were not entitled to maternity leave.

Intended and birth mothers may receive same benefits as birth and adoptive parents in the UK, pending review by the European Court of Justice. (Photo courtesy of the Independent)

In the U.K., while birth parents and women who adopt are entitled to the same maternity leave by statute, families who use a surrogate mother are not covered. However, the European Court of Justice (ECJ) advised that a British woman whose child was born to a surrogate mother was entitled to paid maternity leave.

In 2010, the Newcastle woman, C.D. used sperm from her partner to have a baby through a surrogate mother. Within an hour of the August 2011 birth, C.D. took over as the baby’s mother and began breastfeeding.

C.D. quickly discovered that her employer, National Health Service (NHS) was not obliged to pay for her maternity leave. On taking NHS to court, C.D.’s question went to the ECJ in Luxembourg, the highest tribunal for matters of EU law.

In response, ECJ Advocate General Juliane Kokott, who provides nonbinding legal advice, advised that both the intended and birth mothers should be permitted the same rights as birth and adoptive parents because surrogacy is legal in Britain. However, any maternity leave used by the woman who gives birth to the child must be deducted from the total leave taken by the mother. Nevertheless, each woman must receive at least two weeks.

According to Harriet Bowtell, an employment lawyer from Slater & Gordon, if the Court of Justice approves the Kokott’s opinion, the UK will be obliged to amend its equality act.

Although initial opinions are generally accepted as the basis for the final decision, another ECJ Advocate General, Nils Wahl reached the opposite conclusion of Kokott’s in a case originally taken to Ireland’s Equality Tribunal. Instead of two British women, Wahl’s case involved an Irish biological mother receiving a child born in California.

To prevent the exploitation of women in financial difficulty, eight EU member states prohibit surrogacy. These states also share a concern that surrogates would face emotional distress when forced to give up the child they carried to birth.

In the U.S., while the federal Family Medical Leave Act provides all workers at companies of at least 50 employees up to 12 weeks of unpaid leave to take care of a relative, there is allegedly no federal right to paid maternity leave. As such, surrogacy laws vary between states, which may limit how much surrogate mothers can be paid; and surrogacy policies vary between employers.

If extended the protection of EU law, potential surrogates and parents who choose surrogacy will see a greater incentive to stay with that choice in the future.

For further information, please see:

Guardian – Intended and Birth Mother in Surrogacy Entitled to Maternity Leave, Says ECJ – September 26, 2013

The Independent – Surrogacy Mother Wins Maternity Leave Ruling in EU Court – September 26, 2013

Irish Times – European Court Finds against Irish Woman in Surrogacy Case – September 26, 2013

Wall Street Journal – Surrogate Births Stir Divisions in EU – September 26, 2013

Terrorist Attack in Kashmir Region Presents Hurdle for India-Pakistan Talks

By Brian Lanciault

Impunity Watch Reporter, Asia

NEW DELHI, India– An early-morning attack on the Indian side of the disputed Kashmir region reportedly killed 12 people, including three teenage militants. This occurred just days before the Indian and Pakistani leaders were scheduled to meet in New York.

Soldiers take cover during a violent militant attack on a camp in the Jammu and Kashmir state. (Photo Courtesy of EPA)

The attack seemed to follow a long-established pattern of extremist attempts to derail any steps toward reconciliation between the wary neighboring countries, reports said.

A relatively minor group, identified as the Shohada Brigade, claimed responsibility for the attack. The group first surfaced in September when a threat was issued under its name against a classical-music concert, featuring conductor Zubin Mehta, in Indian-controlled Kashmir.

Thursday’s attack started around 6:45 a.m. local time when three militants dressed in military garb arrived in a motorized rickshaw at the Hira Nagar police station, located in India’s northern Jammu and Kashmir state a few miles from the de facto border with Pakistan. Police said the gunmen were between 16 and 19 years old. Taking officers by surprise during a shift change, the three stormed the station with grenades and automatic weapons, reportedly killing four policemen and a civilian.

Reports said the militants commandeered a truck, killing an assistant and forcing the driver to accompany them along a main highway to Samba, in the adjoining district. There they engaged in a firefight with Indian troops outside an army camp before infiltrating the camp’s perimeter.

In a battle lasting much of the day, the insurgents killed an officer and two more soldiers before they were killed.

Omar Abdullah, Jammu and Kashmir’s chief minister, said it would be a disgrace if planned talks between Indian Prime Minister Manmohan Singh and Pakistani Prime Minister Nawaz Sharif were cancelled because of this attack.

“It would be grave injustice to those who have been killed,” he told reporters, adding that he believed the attackers had crossed over from Pakistan-controlled territory.

Both leaders seem to want better relations, analysts said, but face significant political constraints. Sharif has longstanding links to hard-line clerics, including those close to the Jamaat-ud-Dawa Islamist group opposing closer ties, while Singh’s ruling Congress Party is vulnerable to opposition accusations that it’s weak and ineffective.

“Personally, Sharif is in favor of peace, but I don’t know that he will make that his political agenda,” said Radha Kumar, director-general of the Delhi Policy Group think tank. “And India wants peace, but I am appalled by the levels of immaturity the opposition shows when it comes to peace talks with Pakistan.”

India is already in election mode with next years upcoming elections, and within hours of the attack the opposition party attacked the government for even considering a meeting with Pakistan’s prime minister.

Talks and terrorism aren’t compatible, it said, blaming elements close to Pakistan’s powerful military for the attack. “What is the point of taking to a [Pakistani prime minister] who has no control over his army?” said opposition lawmaker Yashwant Sinha.

Though no significant breakthrough was expected upcoming meeting, that it was even taking place sent a positive signal to both countries. Cancelling it reverses hope of any progress in the near future. Two of three wars fought between the two countries since their independence in 1947 have been over Muslim-majority Kashmir.

India, which has battled a separatist insurgency in its part of Kashmir since 1989, has repeatedly accused Pakistan’s military of supporting militants fighting Indian rule.

“The army, [intelligence agencies] and political leadership are on the same page,” supporting better India-Pakistani relations, said Mehmood Shah, a Peshawar-based analyst and former army officer. “Whoever did this attack is no friend of India’s and no friend of Pakistan’s.”

Other recent militant attacks in the region include the killing of eight soldiers at Hyderpora in June and a March suicide strike at a paramilitary camp in Srinigar which resulted in the deaths of five paramilitary personnel and three insurgents.

“We have equally emotional publics on both sides,” Shah said. “But the political leaders must try and keep things in check. We’ve seen many incidents like this before.”

For more information, please see:

CNN– Militant attack in Indian-controlled Kashmir kills 9 — 26 September 2013

LA Times– Ahead of India-Pakistan talks, 12 die in militant attack in Kashmir — 26 September 2013

The Hindu– 12 killed in fidayeen strikes in Jammu — 26 September 2013

Hindustan Times– Twin terror strike in Jammu kills 10, PM says talks still on — 26 September 2013

UN Security Council Reaches an Agreement Regarding Syria

By Darrin Simmons
Impunity Watch Reporter, Middle East

DAMASCUS, Syria-UN Diplomats have announced that the five permanent members (France, Britain, Russia, China, and the U.S.) of the divided Security Council have reached an agreement on a resolution requiring Syria to dismantle its chemical-weapons supplies.

Chinese Foreign Minister Wang Yi and U.S. Secretary of State John Kerry discuss the UN Resolution (photo courtesy of Times of Isreal)

Discussions among the five veto-wielding members of the Security Council have been ongoing for weeks attempting to narrow down the precise stipulations of a new resolution.  Final version of the resolution requires that Syria’s chemical weapons stockpile be “secured and dismantled.”

The final agreement was reached a day after Russia’s deputy foreign minister Sergey Ryabkov stated that a breakthrough had been reached in deciding that the resolution’s text would include references to Chapter 7 of the UN charter allowing military and nonmilitary actions to maintain peace and security.

Reports have indicated that the breakthrough arrived after the U.S. Secretary of State John Kerry stated that Assad could avoid U.S. military action “by turning over every single bit of his chemical weapons to international control within a week.”

China, historically known for blocking resolutions dealing with the civil war in Syria, seemed to be persuaded by the U.S. sense of urgency.  Kerry stated that Chinese Foreign Minister Wang Yi had “strong agreement on the need for a mandatory and binding UN Security Council resolution.”

A U.S. official further stated, “They [U.S. and China] discussed the value of unity among the P5 [permanent Security Council members], and both felt it is important to act quickly.”  However, the U.S. official continued saying “the Chinese gave no indication about whether they would support a resolution that the U.S. and Russia agreed to.”

Ryabkov stated that Russia was prepared to help guard locations of Syrian chemical weapons and destroy President al-Assad’s stockpiles, but would not import them into Russia.  “We believe the destruction [of chemical weapons] on Syrian territory is the best option,” stated Ryabkov.

The United States and Russia are the only countries who the capability to handle mustard, VX, sarin, or cyanide-armed weapons.  However, U.S. law bans the imports of chemical weapons.

Since neither country that has the capability to take on the chemicals is willing to, the UN resolution is designed to implement destabilization of the chemical weapons within Syria at the local sites.  Inspection of these sites are to be completed by November 30 and the entire arsenal destroyed by June 30.

President Obama has stated that the U.S. use of force against Syria for last month’s chemical attack still remains a possibility.  However, a skeptical Congress and Geneva talks has put consideration of attack on hold.

For more information, please see the following: 

Aljazeera-Reports: Deal reached on Syria UN resolution-September 26, 2013

Times of Isreal-World powers reach Syria resolution deal, diplomats say-September 26, 2013

USA Today-U.N. diplomats: Possible deal on Syria resolution-September 26, 2013

Washington Post-U.S., Russia reach agreement on seizure of Syrian chemical weapons arsenal-September 26, 2013