Special Features

ICTJ | World Report October 2015 – Transitional Justice News and Analysis

In Focus

Devil Is in the Detail of Colombian Justice DealDevil Is in the Detail of Colombian Justice DealIn this op-ed, ICTJ Vice President Paul Seils analyzes the criminal justice agreement announced by the Government of Colombia and the FARC and discusses what aspects of the deal need clarification to ensure that it is capable of delivering the kind of truth and justice that victims of Colombia’s armed conflict deserve.

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World Report

AFRICAIn South Africa, the African National Congress passed a resolution to withdraw from the International Criminal Court (ICC). The ICC prosecutor unveiled 60 new war crimes charges – including using child soldiers and keeping sex slaves – against Dominic Ongwen, a former commander of Uganda‘s Lord’s Resistance Army. ICC judges refused to cut the 14-year sentence of former Democratic Republic of Congo militia leader Thomas Lubanga, who was convicted for using child soldiers. Less than half of the candidates running in this month’s presidential election in Côte d’Ivoire signed a good conduct pledge designed to help avert a repeat of the political violence that followed the country’s 2010 election. A militia leader accused of destroying historic mausoleums in Mali was arrested and transferred to the ICC.

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AMERICASIn Colombia, a former army colonel charged with the murders of 32 civilians said he wants his trial to be transferred to a transitional justice court if and when a peace deal is signed, while a prosecutor asked the Supreme Court to open a criminal investigation into former president Alvaro Uribe’s alleged complicity in a 1997 paramilitary massacre. The judge and prosecutor in the genocide trial ofGuatemala‘s former ruler, Efraín Ríos Montt – former Judge Iris Yassmin Barrios Aguilar and former Attorney General Claudia Paz y Paz Bailey – were awarded the Civil Courage Prize for human rights work. Brazil‘s electoral authority found grounds to investigate President Dilma Rousseff for allegedly using donations from companies involved in a corruption scheme to finance her 2014 re-election campaign. The president of Mexico told the families of the 43 college students from Ayotzinapa who were disappeared one year ago that he would appoint a new special prosecutor to investigate disappearances in the country.

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ASIAAt the request of Medecins Sans Frontieres (MSF), an international panel of experts is ready to investigate the bombing of a MSF hospital in Kunduz, Afghanistan by US forces, but is waiting on permission from the US and Afghan governments. Nepal‘s parliament promulgated the country’s new constitution, and MP Sharma Oli was elected prime minister. The UN Human Rights Council adoptedby consensus a resolution aimed at achieving justice and accountability for crimes committed during Sri Lanka‘s civil war with Tamil rebels, and the Sri Lankan goverment signaled that it will establish a credible judicial process involving foreign judges and prosecutors as called for in the resolution. Meanwhile, four Sri Lankan soldiers were sentenced to 25 years in prison for the rape of a Tamil woman. A museum in China published a collection of confessions by Japanese war criminals during World War II.

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EUROPEEuropean Union foreign ministers criticized a planned referendum by the Republika Srpska that would challenge the authority of Bosnia and Herzegovina‘s state judiciary. In his address to the UN General Assembly, the president of Serbia criticized Kosovo’s bid to join UNESCO and called on the international community to do more to protect Serbian cultural heritage in the former Serbian province.Kosovo’s foreign minister said that the government has nothing to hide from a newly created war crimes court that will try former Kosovo Liberation Army fighters. Croatia’s security and intelligence agency transferred secret service documents dating from 1937 to 1990 to the state archives, where they can be viewed by the public for the first time. The ICC prosecutor asked judges to open a full investigation into Georgia‘s 2008 conflict with Russia over the breakaway Georgian province of South Ossetia.

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MENATunisia’s National Dialogue Quartet – a coalition of workers, employers, human rights activists and lawyers – won the Nobel Peace Prize for helping to steer the country towards democracy. A judge inLebanon opened an investigation into three corruption complaints submitted by activists after protests over garbage collection grew into a larger movement calling for institutional reforms to increase accountability. Amid a wave of violence, Israel set up road blocks in Palestinian sections of Jerusalem.Algeria’s president credited the 2005 Charter for Peace and National Reconciliation – which provided amnesty to armed rebels and exonerated government forces of abuse allegations – with protecting the country from instability, but ten years after the end of the country’s civil war, victims are still calling for justice. In Egypt, former president Hosni Mubarak’s two sons, who were convicted of embezzlement and face additional charges, were released by an Egyptian court after it found that their time in temporary detention exceeded the legal limit.

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Publications

Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of PeaceThis paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace process, transforming the FARC from an insurgent group into a political actor.

Tunisia in Transition: One Year After the Creation of the Truth and Dignity CommissionThis briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

WCPW Volume 10, Issue 15 – October 5, 2015

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

International Criminal Tribunal for Rwanda

Mali

Nigeria

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

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

South & Central America

TOPICS

Terrorism

Piracy

Gender-Based Violence

United Nations Human Rights Council – 30thSession: Human Rights Groups Disappointed with International Response to Sudan Conflict

October 2, 2015

Voices for Sudan, International Justice Project, andDarfur Relief and Documentation Centre express their deep concern and disappointment over the outcome of this year’s discussion and, ultimately, today’s passage of an unsatisfactory resolution on Sudan delivered by Algeria on behalf of the Group of African States under Agenda Item 10 at the 30th Session of the United Nations (UN) Human Rights Council.  President of Voices for Sudan, Jimmy Mulla, states, “The human rights situation in Sudan continues to deteriorate while impunity is the norm. Such a situation cannot be adequately addressed under Item Ten, as was decided today. Sudan should be returned to Agenda Item Four, where it can be properly monitored and assessed.”

The Human Rights Council is an inter-governmental body comprised of 47 Member States with a mandate to promote and protect human rights. This year’s three-week meeting took place in Geneva from September 14 – October 2, 2015, and examined a host of allegations of serious human rights abuses occurring around the world, not least of which included the horrific situation in the Sudan, particularly in Darfur, Blue Nile, and South Kordofan.

The Independent Expert for the Sudan, Mr. Aristide Nononsi, highlighted many of these abuses through his written and oral report to the Council on Tuesday, September 29, 2015, including the “fatal shootings, injuries and destruction of property” during the oil-subsidy demonstrations in September 2013 and the raids and shut-down of civil society organizations in the beginning of this year. Yet, noticeably missing from the report is the mass rapes and violence perpetrated in Tabit, North Darfur, in October 2014.  The incident, as documented by Human Rights Watch, was only mentioned during oral responses by the United States and United Kingdom, who expressed regret that no independent report was conducted.

Responses from delegations, such as the US, EU, UK, Switzerland, Australia, and New Zealand confirmed the majority of concerns expressed, and even stressed the importance of assessing and reporting human rights violations in the country, as Mr. Nononsi declared – despite protests from the Government of Sudan – as part of his mandate. Yet, in spite of the Independent Expert’s report verifying many of the abuses documented by the UN and civil society groups leading up to this year’s Council, he laments that, “Despite some progress made in the legislative reform, some remaining challenges severely impede any significant improvement in the overall situation of human rights […] recommendations made by the previous mandate holder remain largely unimplemented”. However, with today’s decision to keep Sudan under Agenda Item Ten for “Technical assistance and capacity-building”,  it is hard to imagine that the situation will improve in the coming twelve months before the Independent Expert’s next report.

As civil society closely monitoring the situation on the ground and tirelessly advocating for Sudan to be placed back on the agenda, we were hopeful that Sudan would be returned to Item Four as a “human rights situation that requires the Council’s attention”. Even the High Commissioner for Human Rights himself singled out Sudan and South Sudan for hosting serious human rights violations. Given the positive responses from many delegations and officials leading up to – and even during – the Council, we and others believed that even if Sudan was not returned to Agenda Item Four, the Resolution would at minimum contain language that more accurately reflected the grim reality on the ground.  With an estimated 1.4 million people from the Nuba Mountains region of Southern Kordofan internally displaced within Sudan and over half a million newly displaced in Darfur in 2014 alone, it is clear that  mere “technical and capacity-building” assistance is simply not enough.

Abdalmageed Haroun of Voices for Sudan states that “the outcome of this year’s Council has a very real and negative impact on human rights on the ground in my country. The Rapid Support Forces (RSF) continues its campaign of massive attacks on the villages and civilians. For any chance of change, this will require close monitoring.” Haroun continues, “I am deeply concerned about the human rights defenders in Sudan, who have been arrested and tortured by the National Intelligence and Security Service (NISS), and for average civilians being killed daily. The attacks are the policy of the government. Words are not sufficient, serious action by the Council is needed in Sudan.”

Monica Feltz of  International Justice Project states, “This year marks ten years since the UN Security Council referred the Darfur situation to the ICC, yet the bloodshed not only continues, but indeed, has intensified. With the ICC Office of the Prosecutor’s December 2014 announcement to ‘hibernate’ the Darfur cases, and the horrifying accounts of mass rapes in Tabit and increasing bombings and displacement throughout Darfur, Blue Nile, and South Kordofan, civil society was really counting on the Council to step up and take a strong stance against impunity in Sudan.” She continues, “In my discussions with many Sudanese gathered here this week, it is clear they feel let down by the international community once again.”

In the end, the result of this year’s Council serves as a painful reminder that the priority of many African Union and Arab League states to protect one another comes at the expense of justice and accountability for countless victims within Sudan and throughout Africa. The numbers of dead and displaced continue to increase throughout the country, while the Government of Sudan’s alliances grow stronger. A frightening message is also being sent that using genocide and crimes against humanity as policies in a ruler’s toolkit is simply par for the course.

Yet, the fight for justice and peace in Sudan must go on. It is critical that Sudan-focused civil society groups continue to work together and advocate against violent and oppressive regimes in order to fulfill the Council’s mandate to promote and protect human rights and victims that are too often forgotten.

For more information, please contact Jimmy Mulla of Voices for Sudan at jmulla@voicesforsudan.orgor Monica Feltz of International Justice Project atmfeltz@internationaljusticeproject.com. Arabic & French translations to come.

1400 16th Street N.W # 430, Washington, DC 20036.

ICTJ | In Focus: Paper Highlights Progress and Challenges So Far in Tunisia’s Transition

In Focus

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ICTJ Paper Highlights Progress and Challenges So Far in Tunisia’s TransitionICTJ Paper Highlights Progress and Challenges So Far in Tunisia’s TransitionTunisia continues to take steps to fulfill its commitments under its ground-breaking Transitional Justice Law and realize the goals of the 2011 revolution. But a rocky start to the country’s new truth commission and proposed reconciliation-cum-amnesty legislation could undermine these efforts, according to a new paper by ICTJ.Read More…

Other News

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Following Colombia’s Agreement on Criminal Accountability, ICTJ Pledges Continued Support for the Hard Work AheadFollowing Colombia’s Agreement on Criminal Accountability, ICTJ Pledges Continued Support for the Hard Work AheadThe International Center for Transitional Justice welcomes the recent agreement between the Government of Colombia and the Revolutionary Armed Forces of Colombia to create a special criminal jurisdiction as part of an integrated system of truth, justice, reparations and guarantees of non-recurrence.Read More…

State Repression and Polarized Politics Thwart Hopes for Justice in EgyptState Repression and Polarized Politics Thwart Hopes for Justice in EgyptAfter toppling Hosni Mubarak’s dictatorship in February 2011, Egyptians were eager for a reckoning with past injustices. But after years of political turmoil, the possibility of a genuine transitional justice process in Egypt is uncertain. We turned to three leading Egyptian activists to examine if there really is a chance for justice and reform in Egypt in the near future.Read More…

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Publications

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Tunisia in Transition: One Year After the Creation of the Truth and Dignity CommissionThis briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of PeaceThis paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace process, transforming the FARC from an insurgent group into a political actor.

More Publications