BRIEF: Missing EU Soldier possibly found along Sudan/Chad border

BRIEF: Missing EU Soldier possibly found along Sudan/Chad border

DAKAR – A member of the European Unions peace-keeping force may have been found dead near the Chadnian border only days after the long-awaited force was deployed in Chad. The French soldier, one of thirty-seven hundred troops from fourteen nations, had been missing for two days. The soldier went missing when his vehicle strayed into Sudan, while he was on patrol in the town of Tissi in the far south east corner of Chad, along the border between the two countries. A second soldier was wounded in the incident, but escaped back to Chad. Sudan previously had expressed displeasure at Europe sending its troops to patrol near its border.

The European Union Force in Chad (EUFOR) was deployed in response to the influx of refugees from Sudan after the latest attacks in West Darfur began February 8th. Its mandate is to protect refugees from Darfur and the Central African Republic, and internally displaced people.  EUFOR is also providing security for humanitarian aid workers and UN personnel assisting the displaced. 

EUFOR was supposed to be deployed early in February, however they were delayed significantly by rebel attacks on Chad’s capital N’djamena.

For more information, please see:

allAfrica.com – EU Soldier Missing – 4 March 2008

BBC News – Sudan ‘finds’ EU soldier’s body – 5 March 2008

Arrests In Zimbabwe Allegedly Politically Motivated

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

HARARE, Zimbabwe – The Movement for Democratic Change (MDC) lead by faction leader Morgan Tsvangirai reports that police are arresting their candidates and supporters of their candidates based on allegedly false charges.

It is reported by MDC that their candidates and supporters who are peacefully assembled are being arrested in an effort to curb MDC’s campaign. MDC is mobilizing their campaign with the nations presidential election scheduled for 29 March 2008.

Party official and parliamentary candidate Tabitha Khumalo was arrested on Monday while she campaigned door to door in Bulawayo. She was released about midnight but details of her detention and release are not available at this time.

On Sunday an MDC candidate and twelve supporters were arrested while distributing posters. They will remain custody until 17 March 2008 on police allegations that they were in possession of illegal weapons and charges of inciting public violence.  MDC spokesperson Nelson Chamisa said that those arrested on Sunday had no weapons and that there was no violence at any time.

President Mugabe of the Zanu-MF Party has been in power since 1980.  President Mugabe alleges the MDC is a tool or Western powers.

Tsvangirai hopes to unseat president Mugabe on 29 March. However, Chamisa said that there is no way the upcoming election will be fair.

allAfrica.com – Zimbabwe: Police Arresting MDC Election Candidates And Supporters – 4 March 2008

AfricaNews – Tsvangirai targets Harare suburbans – 4 March 2008

BBC News – Country profile: Zimbabwe – accessed 4 March 2008

Israel Withdraws Ground Forces for Rice’s Visit

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

JERUSALEM, Israel – On March 3, Israeli Defense Forces (IDF) withdrew its ground troops from Gaza.  However, Israeli soldiers remained close to Gazan border and a senior Israeli official was quoted as saying there would be a two-day interval in the combat during the visit of the US Secretary of State, Condoleezza Rice.  While Hamas claimed victory over Israel, Prime Minister Olmert stated that the operation in Gaza was not over and that Israel remains “in the midst of a combat action.”

On March 4, the US Secretary of State will visit the region to encourage peace talks between Israeli Prime Minister Olmert and Palestinian President Abbas.  However, on March 2, Abbas stated that he withdrew from the talks in protest to the Israeli operations in Gaza.  Abbas’s statements on March 3 seem to suggest that he is willing to mediate cease-fire talks between Israel and Hamas.

The withdrawal marked the end of a six day operation, beginning on February 27.  According to B’Tselem, an Israeli human rights organization, the operation resulted in the deaths of 106 Palestinians and 3 Israelis.  The Israeli chief of staff’s states that 90 percent of Palestinians killed were militants.  However, B’Tselem reports that 54 Palestinians killed did not take part in the hostilities.  Of those 54 Palestinians, B’Tselem states that 25 were minors.  Of the Israeli deaths, one was a civilian, killed by a rocket in Sderot, and two were soldiers.

Both B’Tselem and Amnesty International raised concerns that the Israeli military “used excessive and disproportionate force” and that it failed to discriminate between combatants and civilians.  Malcolm Smart, director of Amnesty International’s Middle East and North Africa Programme, stated that the strikes went “beyond lawful measures which Israeli forces may take in response to rocket attacks by Palestinian armed groups.”  B’Tselem wrote if the strikes used indiscriminate and disproportionate force, they “may constitute a breach of the laws of war.”

Following the withdrawal of Israel’s ground troops, Defense Minister Ehud Barak met with a team of legal experts to discuss the legality of alternative methods to respond to the Palestinian rocket fire.  The meeting included Justice Minister Daniel Friedmann, Attorney-General Menahem Mazuz, IDF Military Advocate General Brig.-Gen. Avichai Mandelblit, Deputy Attorney-General Shai Nitzan and the members of the Defense Ministry’s Legal Adviser’s office.

One issue that Israel faces when responding the rocket threat from Gaza is that many times the rockets are fired from civilian homes or heavily residential areas.  According to Yedioth News, it is Israel’s policy not to target Gaza’s densely populated areas and this policy is a weak point in stopping the barrage of rockets.  The purpose of the Barak’s meeting was to pose several different options in addressing the rocket threat and to hear the expert’s opinion on their legality.

Some options that were suggested include:

  • Use of artillery fire targeting rocket launching cells in densely populated areas.  However, artillery fire was used in the past and its practice greatly decreased following several incidences where civilians were killed.
  • A series of alerts aimed at areas used for rocket fire to warn civilians to evacuate the area.  Only after the warnings are issued may live fire be used to target buildings where rockets are launched.
  • Simply destroying, usually by bulldozer, buildings used by militants groups to launch rockets.
  • Power cuts to Gaza and the restriction of fuel supply.

Barak stated that while its methods may be limited by legal constraints, Israel must find a way to respond to the rocket strikes.

There are differing views as to who bears the responsibility for the civilian causalities.  Israel’s Foreign Ministry placed the blame on Hamas.  It claimed that “the deliberate placing of military targets in the heart of civilian areas is a serious violation of humanitarian law, and those who chose to locate such targets in these areas must bear responsibility for the injury to civilians which the decision engenders.”

However, others argue that despite the fact that the enemy may violate the laws of armed conflict and target civilians this does not mean that Israel is no longer obligated to refrain from causing deliberate or disproportional harm to civilians.  Amnesty International stated that no party should attack civilians; however, “unlawful attacks by one side cannot justify violations by the other.”


For more information, please see:
The Guardian – Olmert Warns of More Fighting Soon as Israel Pulls Troops out of Gaza – 4 March 2008

Ha’aretz – Barak Seeks Legal Okay to Move Gazan Civilians from Homes – 4 March 2008

Ha’aretz – Rights Group: Close to Half of Palestinians Fatalities in IDF Operation were Civilians – 4 March 2008

Wall Street Journal – Israeli Troops Withdraw from Gaza as Leaders Face Difficult Decisions -4 March 2008

Amnesty International – Children and Civilian Bystanders in Gaza Death Toll – 3 March 2008

Jerusalem Post – Barak Checks Legality of Options Against Rocket Fire – 3 March 2008

Yedioth News – Defense, Legal Experts Debate Legality of Strikes in Populated Areas – 3 March 2008

UPDATE: Open Society Justice Initiative Critiques Khmer Rouge Tribunal

PHNOM PENH, Cambodia – In its monthly update, the Open Society Justice Initiative reported on the recent events occurring within the Khmer Rouge Tribunal while criticizing the tribunal’s lack of transparency, budget problems, and the tension between the Cambodian government and the United Nations.

Recently, the Pre-Trial Chamber rejected Nuon Chea’s attempts to disqualify Judge Ney Thol, annual the record of his initial appearance, and provisional detention hearings. The Khmer Rouge Tribunal has also hired staff for a Victims Unit that will aid victims to become civil parties to the litigation and file complaints with the office of prosecutors.

Despite the progress of the Khmer Rouge Tribunal, the court still lacks transparency, which impedes the public’s ability to understand and criticize the tribunal’s work. In addition, the tribunal soon will request $113.7 million in additional funds because the Cambodian side of the budget will be exhausted in April 2008. And the Cambodian government has opposed attempts by the United Nations to place a special advisor for administrative needs.

For more information, please see:

Open Society Justice Initiative – New Khmer Rouge Tribunal Report Gives Latest Updates on Five Cases, Budget Needs, More – 3 March 2009

BRIEF: Tear Gas Fired on Lawyers in Pakistan Monday

ISLAMABAD, Pakistan- On Monday, police fired tear gas on a group of about 200 lawyers and other demonstrators who were protesting outside of the home of ousted Chief Justice Iftikhar Mohammed Chaudhry.  The incident was broadcast across the country by news stations, and demonstrators were seen coughing and bending over when hit with the gas.  Some threw the tear gas cannisters back at the police officers.

The demonstrators were demanding that the Chief Justice be reinstated by President Pervez Musharraf, and were shouting various slogans, such as: “Free the children!” and “Go Musharraf Go!”

Chaudry and his family have been under house arrest since November 3, when Musharraf declared a state of emergency and suspended the constitution (see Impunity Watch articles here and here).  The group started to gather in front of Chaudry’s home when they heard reports that his house arrest was coming to an end.  The protests began when they found out that the reports were untrue.

For more information, please see:

Yahoo! News – Police tear gas at Pakistani lawyers – 3 March 2008