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Mohammad Al Abdallah: Five Years on, We Must Focus on the Victims of Syria’s Atrocities
This was co-authored by Shabnam Mojtahedi.
As the conflict in Syria enters its sixth year, gross human rights violations remain one of the main features in the conflict. Although the anniversary of the uprising this year has coincided with a U.S.-Russia brokered ‘cessation of hostilities’ agreement that has, contrary to the expectations of many observers, lasted since Feb. 26, the big picture in Syria appears bleak.
The Syrian government forces and rebel armed groups have been committing gross human rights violations at an alarming scale, dragging the country into an endless cycle of violence and revenge attacks. Torture, in particular, has been one of the most widespread and well-documented acts of violence in the current conflict.
The practice of torture has a long history in Syria and was common during the three decades of former President Hafez al-Assad’s rule. Syrians shared thousands of accounts of torture and the mistreatment of political prisoners in detention. Several novels were written on the abuses in Tadmur Prison alone. No real changes were brought to the security forces, detention conditions, or even the justice sector after Bashar al-Assad, Hafez’s son, succeeded to power in Syria. The practice of torture continued – something I faced and witnessed myself during the few months I spent at Sednaya Military prison in 2006.
As the recent uprising of 2011 broke, security agencies, relying on decades of experience in arbitrary arrests, torture, and fear, became as ruthless as ever. Detention centers employed a revolving door arrest campaign, and the aim of torture shifted from the extraction of information to merely killing detainees. The scale of brutality shocked the world, particularly after Caesar, the now well-known military police photographer, defected and left Syria, displaying the photos of torture for all to see.
But how has the government’s increase in violence influenced Syrians in the opposition? Rather than fighting against the use of torture, certain rebel groups, including factions of the Free Syrian Army (FSA) and Jabhat Al Nusra, quickly learned from Assad’s practices and began perpetrating horrifying acts of torture of their own. They introduced opposition-controlled secret detention centers, and stories and videos of their atrocities began appearing online.
For many Syrians, torture has become a daily part of life, whether from a broadcast on the news, videos on YouTube, or knowledge that a friend or relative experienced or died from the abuse; yet, the majority of Syrians are not mobilizing against the practice. Although this may be because Syrians inside the country fear for their safety, Syrians in the Diaspora have also turned a blind eye on such practices.
Through my work on Syria, I have interviewed hundreds of torture survivors over the course of a decade, witnessed torture first-hand at the Sednaya Military Prison, and most recently, have been leading the Syria Justice & Accountability Centre’s work on documentation. Over the years, I have been able to identify the following trends regarding torture in the Syrian context:
1. The practice of torture is increasing. At the beginning of the uprising, Assad and his forces used torture to suppress political dissent, but now almost all sides are implicated in the practice.
2. Torture is being justified. Sectarianism in both Syria and Iraq is growing. Sectarian hatreds are not only increasing the brutality of torture but also giving Syrians and Iraqis a reason to excuse the perpetrators — as long as the perpetrator belongs to their own sect. This is true even among educated Syrians.
3. Torture is no longer a private matter. Historically, torture in Syria has been committed in detention centers, away from the public eye. Sometimes videos were leaked, but overall it was the government’s dirty secret. In today’s Syria, torture has become a public act, thus normalizing its practice in the street, check points and on the fighting fronts. Onlookers can even cheer for the perpetrators, publicly showing support for its practice.
4. Torture is committed in groups. One of the most alarming trends is that torture is being committed by groups of perpetrators. The evil of a single perpetrator inflicting this type of harm on another human being is easier to comprehend than when it happens in a group. Rather than voicing an objection or a sign of empathy, they encourage each other, as if competing to see who the more brutal perpetrator is.
5. Syrians in the Diaspora are supporting torture. Often, I have seen Syrian refugees post torture videos and slogans calling for revenge on social media. Syrians in the Diaspora denounced the conviction of a former FSA fighter in Sweden after he posted a video of himself torturing a prisoner in Syria in 2012. Swedish investigators found the video, and a court sentenced him to five years in prison. Despite the clear evidence, many Syrians did not believe a punishment was warranted for “treating Assad soldiers the same way they treated us.”
6. Only justice will help deter torturers. Syrian human rights activists, lawyers, and ordinary people have worked tirelessly, and at extreme risk to their lives, to document the violations occurring in the conflict and to shame the perpetrators internationally. But, after five years, it is clear that documentation alone is not deterring the practice, or even opening a debate within Syrian society about the wrongness of torture. For documentation to be truly effective, it must be accompanied by accountability processes. Accountability can begin now through the jurisdictions of European and North American courts and should continue into the future.
The practice of torture threatens to further tear Syria’s social fabric and increase sectarianism. Syrians need to better understand that torture affects every community, regardless of ethnicity or religion. In the long run, torture will continue playing a destructive role in Syria, even after the conflict ends, unless Syrian society uniformly condemns it and works to reform current and future practices. Most importantly, the current talks in Geneva must prioritize justice and accountability for torture and other human rights abuses and include investigations into and a condemnation of torture in the final peace agreement.
Mohammad Al Abdallah is a Syrian human rights lawyer and activist. Former political prisoner in Syria for two prison terms. Currently, he is the Executive Director of the Syria Justice & Accountability Center.
Shabnam Mojtahedi, Legal and Strategy Analyst of the Syria Justice & Accountability Center contributed to this article.
Follow Mohammad Al Abdallah on Twitter: www.twitter.com/Mohammad_Syria
War Crimes Prosecution Watch Volume 11, Issue 1 – March 21, 2016
War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.
Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.
Contents
- International Justice Monitor: Bemba and Associates Start Their Defense in Witness Tampering Trial
- Al Jazeera: Deadly ‘Reprisal Attacks’ Hit Central African Republic
- Capital News: LRA Abducts More than 200 in C. Africa
- Human Rights Watch: South Sudan: Army Abuses Spread West
- The Guardian: Amnesty Accuses South Sudan of War Crime Over Shipping Container Deaths
- The New York Times: Mass Rape, a Weapon of War, Traumatizes South Sudan
- All Africa: South Sudan: Rights Body Pushes for Hybrid Court to Try Juba War Crimes
- Voice of America: Advocacy Groups: Sanctions, Arms Embargo, Tribunal Needed for S. Sudan
- Newsweek: South Africa Loses Appeal over Sudan President Al-Bashir Arrest Warrant
Democratic Republic of the Congo
- Africa News: Gbagbo, Blé Goudé Trial Resumes at the ICC
- Africa News: Ivorian Court to Review Simone Gbagbo’s Case on March 17
- Vice News: Al Qaeda Says It Carried Out Ivory Coast Beach Attack as Revenge Against France
- News24: Ivory Coast Toll Rises to 19 With Body Found on Beach
- The Jurist: ICC Opens First War Crimes Hearing for Destruction of Religious or Cultural Heritage
- Justice Hub: Prosecuting the Destruction of Shrines at the ICC – A Clash of Civilisations?
- EuroNews: Hands Off Our Heritage: A Stark Warning for Cultural Iconoclasts
Lake Chad Region — Chad, Nigeria, Niger, and Cameroon
- Premium Times: Coalition Petitions ICC Over Politically-Motivated Killings in Rivers
- NY Times: Boko Haram Falls Victim to a Food Crisis It Created
- JusticeInfo.net: Uganda: Odek’s Defection will Undermine LRA Morale, says Expert
- Capital News: LRA Abducts More Than 200 in C. Africa: Rights Groups
Rwanda (International Criminal Tribunal for Rwanda)
- Human Rights Watch : UN Human Rights Council: UPR Adoption of Rwanda
- The Jerusalem Post : Supreme Court Strikes ‘Rwanda’ From Transcript on Migrants and Transparency
Court of Bosnia & Herzegovina, War Crimes Chamber
- Balkan Insight: UN Raps Bosnia for Violating War Widow’s Rights
- Court of Bosnia & Herzegovina: Indictment in the Case v. Senad Koštić Confirmed
- Court of Bosnia & Herzegovina: Indictment Confirmed in the Case v. Vide Krešić et al.
- Balkan Insight: Bosnian Soldiers Jailed for Wartime Rape in Bihac
International Criminal Tribunal for the Former Yugoslavia
- Sky News: Serb War Crimes Suspect Refuses Hague Return
- InSerbia: Ljajic: ICTY was Informed in Time
- Yahoo News: Serb War Crimes Suspect Seselj to be Judged in Absence
Domestic Prosecutions In The Former Yugoslavia
- Balkan Insight: Naser Oric Trial Witness ‘Feared’ Bosniak Commander
- Balkan Insight: Montenegro Extradites Serbian Wartime General to Croatia
- Balkan Insight: Bosnian Croat Fighters Indicted for Dretelj Camp Crimes
- Balkan Insight: Macedonia Holds Wanted Kosovo Liberation Army Ex-Fighter
- Reuters: Turkey car bomb attack kills two police, wounds 35: security sources
- BBC News: Turkey explosion: Ankara car bomb kills at least 32
Extraordinary Chambers in the Courts of Cambodia (ECCC)
- ABC News: Suicide Attack Kills at Least 47 South of Iraqi Capital
- USA Today: Eyewitness account: ISIL steps up chemical weapons attacks on Kurds in Iraq
- Reuters: Prosecution Of Syria War Crimes Should Not Wait For War’s End: U.N.
- The Straits Times: 23-Year-Old Singaporean On Way To Syria To Join Anti-ISIS Kurdish Militia Fighting Arrested Under ISA
Islamic State of Iraq and the Levant
- The New York Times : Germany Obtains List of Foreigners Suspected of Fighting for ISIS
- New York Times: Amid ISIS Battles, American Surrenders In Iraq
- The Daily Beast: The ISIS Army That’s Still Unborn
- The Hill : Kerry Will Miss Deadline To Label ISIS Violence ‘Genocide’
- Jerusalem Post: Report: Special Tribunal for Lebanon to Accuse Hezbollah of Hariri’s Assassination
- The Associated Press: Court Overturns Lebanese TV Manager’s Contempt Conviction
Bangladesh International Crimes Tribunal
- BD News 24: Attorney General Says War Crimes Trials Are Outcome of PM Hasina’s Political Decision
- Deutsche Welle: Bangladesh Court Upholds Death Sentence For 1971 War Criminal Mir Quasem Ali
- The Diplomat: To Counter ISIS, Bangladesh Needs to Solve Its Homegrown Violence
- Gulf News Bangladesh: Bangladesh Serves Death Warrant to Top 1971 War Crimes Convict Motiur Rahman Nizami
War Crimes Investigations in Burma
- Stars and Stripes: More Than 12 US Military Personnel Punished for Mistaken Hospital Attack
- Sputnik International: US Responsible for War Crimes in Yemen
- Coalition For the ICC: In Historic Move, El Salvador Joins International Criminal Court
- NACLA: Justice for the Women of Sepur Zarco
- Herald Tribune: Ex-Dictator Rios Montt’s Genocide Trial Opens In Guatemala
- The Washington Post: Murder Trial of Suriname President Resumes, Then Halts Again
- Huffington Post: Venezuela’s Right Wing Confesses to 17 years of Political Delinquency: The Amnesty Bill
- Colombia Reports: Uribe Ends Opposition; Colombia Congress Approves FARC Demobilization Zones
- Colombia Reports: Colombia Arrests Argentine Fugitive Wanted for Crimes Against Humanity
- The Guardian: UK Police Hold DNA Profiles of 7,800 Terrorism Suspects
- The New York Times: 16 Killed in Terrorist Attack on Resort Hotels in Ivory Coast
- UN News Centre: Security Council Condemns Deadly Côte d’Ivoire Terrorist Attack
- ABC News: Brother of Toulouse Attacker Merah to Face Terrorism Trial
- Human Rights Watch: China: State Security, Terrorism Convictions Double
- Human Rights Watch: Turkey: Academics Jailed for Signing Petition
- Seychelles News Agency: Last Somali Pirates Held in Seychelles to Face Charges, Judge Rules
- United States African Command: West Africa Piracy Case Highlights US Capacity Building Efforts
- City A.M.: From Nigeria to Singapore: How Low Crude Oil Prices Are Changing Pirates’ Tactics
- Maritime Executive: Nigeria and Equatorial Guinea Sign Anti-Piracy Deal
- Capital News: UN Report: Peacekeepers From 21 Nations Accused of Sexual Abuse
- U.S. Mission to the United Nations: Statement on The Secretary-General’s Report on Sexual Exploitation and Abuse
- U.S. Department of State: Violence Against Women in The Americas – Remarks by Under Secretary Sewall on International Women’s Day
- War Crimes Prosecution Watch Editors: Link to U.N. Security Council Resolution 2272
- U.S. Mission to the United Nations: Explanation of Vote at the Adoption of UN Security Council Resolution 2272 on Sexual Exploitation and Abuse in UN Peacekeeping Operations
- New York Times: To Maintain Supply of Sex Slaves, ISIS Pushes Birth Control
- New Britain Herald: Prosecute the War Crimes Against Cultural Heritage
- Open Democracy: Ending Impunity in Europe?
- Chicago Tribune: The Wrong Way To Make The Case for Keeping Assad
- Johan Van der Vyver: The Development of International Law Through the Unauthorised Conduct of International Institutions
- Amitai Etzioni: Defining Down Sovereignty: The Rights and Responsibilities of Nations
- Rogier Bartels: Legitimacy and ICC Jurisdiction Following Security Council Referrals: Conduct on the Territory of Non-Party States and the Legality Principle
- Michael P. Scharf: How the War Against ISIS Changed International Law
Journalist Jia Jia Believed to Be Detained by Chinese Authorities
By Christine Khamis
Impunity Watch Reporter, Asia
Chinese journalist Jia Jia is believed to be held by authorities for his connection with a published letter calling for President Xi Jinping’s resignation. Mr. Jia was likely detained on Tuesday as he boarded a flight to Hong Kong.
Mr. Jia is a freelance writer based in Beijing. He is known for his writing on topics designated as sensitive by China’s government and has critiqued corrupt officials and the Communist Party in the past. Despite his critique of the Communist Party, Mr. Jia had not previously written anything calling for a regime change.
Regardless, Mr. Jia has been accused of writing the letter, posted on a state-linked news website this month, which condemns Mr. Xi’s leadership and includes threats to Mr. Xi if he does not resign from office. It is unclear who wrote the article, which was signed only with a byline of “loyal Communist supporters.”
Mr. Jia stated before his disappearance that he did not write the letter. He did, however, warn a friend and editor at Wujie News about reposting the article on Wujie’s own website.
According to friends of Mr. Jia, he had feared detainment in connection to the letter before his disappearance. He and some of his family members were previously questioned about the letter.
There is currently no other information about Mr. Jia’s whereabouts or his detainment. His phone has been shut down, and he failed to appear to deliver a scheduled lecture at the Chinese University of Hong Kong last Thursday. Beijing law enforcement officials have not responded to requests for comment on Mr. Jia’s disappearance.
Mr. Jia is one among many others who have been accused of dissent and have been detained or imprisoned by authorities. The Chinese government has detained and imprisoned a growing number of individuals since Mr. Xi came into power, including lawyers, activists, and journalists.
For more information, please see:
BBC – China columnist Jia Jia ‘goes missing’ en route to HK – 18 March 2016
The New York Times – China Is Said to Be Holding Jia Jia, a Journalist, Over Xi Jinping Letter – 18 March 2016
CNN International – Lawyer says missing Chinese journalist Jia Jia didn’t write anti-Xi letter – 19 March 2016
Voice of America – Well-known Chinese Columnist Disappears – 17 March 2016
North Korea Sentences American Student to 15 Year Hard Labor Sentence
By Christine Khamis
Impunity Watch Reporter, Asia
PYONGYANG, North Korea –
North Korea has sentenced Otto Warmbier, an American college student, to 15 years of hard labor for his alleged removal of a political sign in a hotel. Mr. Warmbier, a student at the University of Virginina, had traveled to Pyongyang on trip with Young Pioneer tours, a company conducting trips from China to North Korea and was arrested in early January.
State-run media sources have reported that North Korea’s highest court has convicted Mr. Warmbier of subversion. Mr. Warmbier was charged with committing a hostile act against North Korea, and authorities claim that he was encouraged to commit such an act by a member in his Ohio-based church. During court proceedings earlier this week, officials submitted fingerprints and surveillance photos connecting Mr. Warmbier to the alleged hostile acts.
During a press conference last month, Mr. Warmbier admitted that he had attempted to take a banner containing a political slogan from his hotel in Pyongyang. According to official reports, Mr. Warmbier took a sign bearing the name of North Korean leader Kim Jong-un or Kim Jong-un’s father or grandfather.
Mr. Warmbier also issued a public apology in addition to his confession. It is not known at this time whether Mr. Warmbier was under duress at the time of his statement.
U.S. State Department spokesman Mark Toner says that the sentence given Mr. Warmbier is “unduly harsh” and calls for his release. Mr. Warmbier’s sentence comes amidst increasing tensions between North Korea and the United States due to North Korea’s recent nuclear weapons and missile testing.
Some U.S. officials and analysts believe that North Korea seeks to use Mr. Warmbier, among other detained American citizens, as political pawns. Mr. Warmbier is currently one of three North American detainees in North Korea. Because the United States has no embassy in Pyongyang, Sweden carries out consular relations on behalf of American citizens in North Korea.
For more information, please see:
The New York Times – U.S. Student Runs Afoul of North Korea’s Devotion to Slogans – 17 March 2016
CNN – North Korea Sentences U.S. Student to 15 Years Hard Labor – 16 March 2016
The New York Times – North Korea Sentences Otto Warmbier, U.S. Student, to 15 Years’ Labor – 16 March 2016
NPR – N. Korea Sentences American Student To 15 Years Of Prison, Hard Labor – 16 March 2016