Syria Justice and Accountability Centre: Inclusivity framework vital to achieving transitional justice in Syria

SJAC Update | September 20, 2016
HNC delegation arrives to Geneva at the start of the peace talks in February. | Photo Credit: United Nations / Jean-Marc Ferré

Inclusivity framework vital to achieving transitional justice in Syria
Two weeks ago in London, the opposition bloc to the Syrian government, the High Negotiations Committee (HNC), unveiled a plan to bring about political transition within Syria and an end to the country’s five-year civil war. The plan, which includes three chief phases (six months of negotiations and a ceasefire; the establishment of a transitional government along with the abdication of President Bashar al-Assad; and the drafting of a new constitution with UN supervised elections after 18 months of transitional government rule) is the most detailed and unified proposed political solution to the crisis that the opposition has offered to date.

Although based off the 2012 Geneva Communique‘s commitment to “equal opportunities” and non-discrimination, the transition plan contains language that conflicts with establishing this type of inclusive society. Namely, the HNC’s first General Principle fails to appropriately confront Syria’s past dysfunctions and create the foundation for institutional reform. Instead, the first principle states:

“Syria is an integral part of the Arab World, and Arabic is the official language of the state. Arab Islamic culture represents a fertile source for intellectual production and social relations amongst all Syrians of different ethnic backgrounds and religious beliefs as the majority of Syrians are Arabs and followers of Islam and its tolerant message which is distinctly moderate.”  

HNC’s formulation of this General Principle shares characteristics with what sociologists call a “hegemonic state,” whose “primary characteristic . . . is the dominance of one community over others, recognizing them only if they submit to its rule.”
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

Xenophobia Threatens Peace in Germany

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

BERLIN, Germany —  A federal government report released by the German government warns of unrest in Eastern Germany due to far-right violence as the product of “xenophobia and racist attacks.”  The report warns that the line between protests and violence is becoming too blurred, and that the increasing violence tarnishes the reputation of East Germany as a place to do business.  Through the report, the German government urges civil society to take a stronger stand against anti-migrant demonstrations.

Activists in Leipzig, Germany protest the German government’s migrant policy (Photo Courtesy of VOA News)

Within the past year, attacks on refugees residing in East Germany have increased dramatically, including riots and arson attacks on refugee shelters.  Far right-motivated violence was far more prevalent in Eastern Germany last year, at a rate of 58.7 average occurrences per one million inhabitants.  This figure was significantly higher than the rate of 10.5 average occurrences per one million inhabitants in Western Germany.  The attacks are most commonly carried out in the Eastern German states of Saxony, Saxony-Anhalt and Mecklenburg-Western Pomerania.

In 2015, Germany accepted over 1 million refugees into the country.  This movement increased support for the anti-immigrant party Alternative for Germany (AfD), which is represented in all of the eastern federal states.  AfD is also known for their criticisms of Chancellor Angela Merkel’s “open-door policy” toward asylum-seeking refugees.

Iris Gleicke, the federal government’s Commissioner for Eastern German Affairs, considers right-wing extremism to pose a “very seirous threat” to the social and economic development of new German states.  Gelicke, who grew up in Eastern Germany, stated that “Society should not look away when people are attacked or refugee shelters are set on fire. A lot is on the line for east Germany.”  On recent trips to Japan and California in attempt to draw investments into Eastern Germany, Gleicke claims that there was concern about whether their staff would be welcome in the Eastern German states, and whether or not their investments would be safe there.

Merkel recently expressed her regret for losing control over the refugee situation in Germany, stating that she wishes she could “turn back time” to better prepare the country for the influx of migrants.  Merkel’s statements come in the wake of her conservative’s party second electoral defeat within the last two weeks, as voters rejected her open-door policy towards refugees.

 

For more information, please see:

The Huffington Post — German Government Fears Xenophobia Will do Economic Harm — 21 September 2016

Independent — Angela Merkel Admits she Lost Control of Refugee Crisis in Germany and Would ‘Turn Back Time’ if she Could — 21 September 2016

Newsweek — Far-Right Violence ‘Threatens East German Economy — 21 September 2016

VOA News — German Government Warns Against Rising Xenophobia — 21 September 2016

Global Centre for the Responsibility to Protect: Justice for the Victims of Da’esh’s Atrocities

Joint Civil Society Statement

JUSTICE FOR THE VICTIMS OF DA’ESH’S ATROCITIES

19 September 2016

Two years ago Da’esh swept across northern Iraq and conducted a widespread and systematic campaign of mass atrocities against minority communities. Across the Nineveh Plain, Da’esh captured thousands of members of the Yazidi community and set about the summary killing of hundreds of Yazidi men. Women and girls were subjected to sexual slavery and human trafficking. Boys were separated from their families, forced to convert to Islam and sent to military training camps. Since then, the UN Independent International Commission of Inquiry for Syria has concluded that Da’esh’s crimes amount to genocide against the Yazidis and other minority communities.

Da’esh is still systematically carrying out a program of atrocities against religious minorities in areas under its control. An estimated 3,800 Yazidi women and children still remain captive, and recent reports suggest that up to 15,000 victims of Da’esh’s crimes may be buried in more than 70 suspected mass graves across territory previously occupied by Da’esh in Iraq and Syria. More than three million Iraqis still remain internally displaced in Iraq, and many others have become refugees.

Wherever Da’esh exports terrorism, it also exports war crimes and crimes against humanity, including to Libya and Nigeria. Da’esh’s victims in Iraq, Syria and elsewhere need to know that those committing atrocity crimes will be held criminally responsible. International justice is contagious, and accountability is one of the most effective tools for protecting human rights and preventing the recurrence of atrocities.

States have a responsibility to protect all communities from mass atrocity crimes within their borders, and the international community has an obligation to ensure that responsibility is upheld. We call upon the government of Iraq and the international community to investigate and prosecute Da’esh fighters who have perpetrated atrocity crimes and to hold to account all parties committing violations of international human rights and humanitarian law in Iraq and Syria. In doing so, we also recognize that fighting terrorism and countering violent extremism should never be used as an excuse for repudiating human rights, or ignoring international law.

Finally, the UN Security Council should assist in providing justice for the victims of Da’esh’s mass atrocity crimes by working with Iraq and other states to establish a relevant mechanism of international justice.

Signed:
Amnesty International
Global Centre for the Responsibility to Protect
Yazda

War Crimes Prosecution Watch: Volume 11, Issue 14 – September 19, 2016

Case School of Law Logo

FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 11 – Issue 14
September 19, 2016

 PILPG Logo

Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

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

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

With Election Postponed, Violence in Kinshasa Leaves at Least 17 Dead

By Samantha Netzband

Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo-17 are dead after violent clashes in the capital of the Democratic Republic of Congo.  Violence broke out after current President Joseph Kabila said the government would be postponing the country’s Presidential election.  The election, which was originally scheduled for later this year, will now be held in mid 2017.

Protesters yell in front of a burning car during a demonstration in Kinshasa. (Photo Courtesy of The Guardian.

Opposition leaders are frustrated with the President, claiming that he is trying to stay in office even though the country’s constitution does not allow a President to be in office for three terms.  President Kabila and other government officials are claiming that this is not the case.  The government says that there are not enough resources to hold a fair election and the postponement is only to ensure a fair transition.

The United States and other observers are considering sanctions against the Congolese government if elections are not held as planned later this year. Barnabe Kikaya Bin Karubi, Congo’s Chief Diplomatic Adviser,  is currently in the United States pleading with United States officials to not sanction the Congo’s government.

“There are two resolutions that were pending in the House to impose sanctions on Congolese officials,” Kikaya said previously. “My mission is to plead with American officials and to prove to them that sanctions are not a solution to help us resolve our problems.”

The toll of the delayed election is already being seen at home.  Three police officers and fourteen protesters have been reported dead.  A police officer was burned in retaliation for shooting at protesters, and one opposition leader says he saw 25 protesters gunned down by security forces.  While the government reports the death toll as 17, other reports have marked the number as closer to 50.

For more information, please see:

CNBC Africa – Clashes in Kinshasa leave 17 dead – 20 September 2016

Digital Congo – Balance insurgency opposition: Evariste Boshab announces a provisional toll of 17 dead – 20 September 2016

The Guardian – Clashes in Kinshasa leave 50 dead, say DRC opposition groups – 20 September 2016

UN News Centre – DR Congo: Ban condemns deadly clashes between protestors and security forces in capital – 19 September 2016