Hamas Formally Rejects War Crimes Allegations

Hamas Formally Rejects War Crimes Allegations

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

GAZA CITY, Gaza – Hamas submitted a formal response to the United Nations on February 3, rejecting allegations that it committed war crimes during the 2008-2009 Gaza War between Hamas and Israel. Hamas has been the governing party in the Gaza Strip since 2006.

 

Hamas’ fifty-two-page response said that the killing of three Israeli citizens was an accident and that Hamas only targeted military installations. During the twenty-two day war, as many as 1,387 Palestinians, including hundreds of civilians, and thirteen Israelis were killed.

 

After the fighting ended, the U.N. commissioned an investigation and a report on the hostilities. The mission was headed by South African jurist and former war crimes prosecutor Richard Goldstone, and the mission’s final report accused both Israel and Hamas of targeting civilians and other war crimes during the Gaza War. The Goldstone Report also called for Israel and Hamas to conduct internal investigations about the war crimes allegations. The deadline for submitting internal findings to the U.N. is February 5.

 

Human Rights Watch, which has also condemned Israel’s actions, responded to Hamas’ response, saying the party’s “claim that its rocket attacks against Israel are not war crimes is factually and legally wrong.”

 

Israel submitted its forty-six page response earlier in the week, likewise denying any allegations of war crimes and stating that two of its top military officers had been reprimanded for shelling a U.N. building where hundreds of Palestinians had been staying. Palestinian and human rights groups rejected Israel’s account; Amnesty International called the Israeli response “totally inadequate.”

 

U.N. Secretary General Ban Ki-Moon said on February 4 that he could not determine whether Israel and Hamas had met the U.N. requirements for credible, independent internal investigations.

 

The Palestinian Authority said it would open its own internal investigation into Hamas’ actions during the war. Palestinian President Mahmoud Abbas had announced in the week leading up to the investigation deadline that he would establish a committee to investigate the conduct of P.A. security officers during the Gaza War. Fatah is the ruling party of the P.A., and has been at odds with Hamas since Hamas took over control of the Gaza Strip from Fatah in 2006.

 

For more information, please see:

 

AFP – UN Chief Uncertain if “Credible” Gaza Probes Underway – 4 February 2010

 

Ha’aretz – PA to Probe Alleged Hamas Gaza War Crimes – 3 February 2010

 

New York Times – Hamas Gives U.N. Response to Gaza War Crimes Report – 3 February 2010

 

Human Rights Watch – Gaza: Hamas Report Whitewashes War Crimes – 28 January 2010

 

Washington Post – Human Rights Group: Hamas Targeted Civilians – 28 January 2010

New Legislation Gives Belarusian Government Authority To Monitor Internet Use

By David Sophrin
Impunity Watch Reporter, Europe

MINSK, Belarus – Recent legislation passed by Belarus will now give the federal government monitor the internet use of its citizens.

The decree, set to take effect on July 1, requires that the nation’s internet providers save all data concerning the websites visited by internet users in the nation for one year.  Upon request, that information must be turned over to law enforcement agencies.  Internet providers also will have to restrict access to any website that the government chooses.

National security concerns were the impetus for the legislation, according to Belarus’s President Alexander Lukashenko.  “To ensure the security of the state and it’s citizens,…Internet service providers will be required to identify devices used to connect to the Internet and keep information on those devices and the services provided.”

Criticism from the larger European community has called the decree a restriction of individual freedom.  Lucia Morillion, of Reporters Without Borders (RWB), commented that “whatever…president [Lukashhenko] is calling this decree, it is not done to improve the situation of Internet freedom in the country.”  Another response from the RWB declared that Belarus had “[fallen] to the level of North Korea and China…as an enemy of the Internet.”

The Belarusian Association of Journalists (BAJ) was also quick to condemn the legislation, which will give the government greater control over what has been one of the few remaining arenas of free speech in the Eastern European country.  “It is complete control of information” said Andrei Bastunets, deputy chairman of the BAJ.

Belarus has long been criticized by international press watchdog organizations for the government’s extensive control over the country’s media.  There are currently no independent television or radio stations, and virtually all of the remaining opposition newspapers have been shut down by the government.

The recent internet legislation is likely to further damage the recent attempts by Belarus to become part of the larger European economic and political community.  President Lukashenko, who was re-elected to office in 2006 by results that were disputed by opposition groups in Belarus, has held the office since 1994.  Recent efforts by the President to gain better relationships with Europe has shaken the long-standing relationship that Belarus has traditionally had with Russia.

For more information, please see:

RADIO FREE EUROPE – EU Calls Belarusian Internet Decree ‘A Step In Wrong Direction’ – 4 February 2010

AFP – Opposition attacks Belarus Internet crackdown – 2 February 2010

DEUTSCHE WELLE – Belarus to further tighten Internet control – 2 February 2010

Discussion Among Pacific Nations Yields Positive Results

By Eileen Gould

Impunity Watch Reporter, Oceania

CANBERRA, Australia – The foreign ministers of Australia and New Zealand met with their Fijian counterpart, Ratu Inoke Kubuabola, yesterday to discuss improving their relations. New Zealand minister, Murray McCully, and Australian minister Stephen Smith, met with Kubuabola to re-open communications amongst these countries, as they dissipated following diplomatic expulsions and Fiji’s suspension of democracy. Smith waived the travel ban that was imposed on members of the military regime in Fiji so that Kubuabola would be able to meet with them. The significance of the meeting was solely to initiate some sort of dialogue with Fiji. Smith indicated that “[i]t may well be that all we agree as a result of the meeting is to speak again in the future.” A statement from Fiji’s Ministry of Information said the meeting was positive and a step towards resolving issues of mutual importance to the three Pacific nations. A Fijian democracy group based in Sydney, Fiji Democracy and Freedom Movement, is urging Australia and New Zealand to include those political parties that were ousted by the 2006 coup in any future discussions. Usaia Waqatairewa, a representative of the groups said, “It is good enough that they are sitting round the table talking because that is a first step towards something positive but at the same time the Australian and New Zealand governments should not compromise on asking these people, if they want to talk about constitutional changes, they have to include people who represent the voters of Fiji.  It[‘]s not going to be a sort of top-down decision that’s shoved down our throats so to speak.” Waqatairewa also mentioned that regarding human rights abuses or the travel ban on regime members and their families, the governments should not compromise. Both McCully and Smith indicated this discussion was not evidence of softening their approach towards the regime. The three Ministers also met last year at the United Nations in New York.

For more information please see:

Fiji Village – Positive talks between Ministers – 05 February 2010

New Zealand Herald – McCully in fresh talks with Fijian counterpart – 04 February 2010

Radio New Zealand International – Call for re-opened talks with the Fiji regime to include ousted political parties – 04 February 2010

Hamas Formally Rejects War Crimes Allegations

By Meredith Lee-Clark
Impunity Watch Reporter, Middle East

 GAZA CITY, Gaza – Hamas submitted a formal response to the United Nations on February 3, rejecting allegations that it committed war crimes during the 2008-2009 Gaza War between Hamas and Israel.  Hamas has been the governing party in the Gaza Strip since 2006.

 Hamas’ fifty-two-page response said that the killing of three Israeli citizens was an accident and that Hamas only targeted military installations.  During the twenty-two day war, as many as 1,387 Palestinians, including hundreds of civilians, and thirteen Israelis were killed. 

 After the fighting ended, the U.N. commissioned an investigation and a report on the hostilities.  The mission was headed by South African jurist and former war crimes prosecutor Richard Goldstone, and the mission’s final report accused both Israel and Hamas of targeting civilians and other war crimes during the Gaza War.  The Goldstone Report also called for Israel and Hamas to conduct internal investigations about the war crimes allegations.  The deadline for submitting internal findings to the U.N. is February 5.

 Human Rights Watch, which has also condemned Israel’s actions, responded to Hamas’ response, saying the party’s “claim that its rocket attacks against Israel are not war crimes is factually and legally wrong.”

 Israel submitted its forty-six page response earlier in the week, likewise denying any allegations of war crimes and stating that two of its top military officers had been reprimanded for shelling a U.N. building where hundreds of Palestinians had been staying.  Palestinian and human rights groups rejected Israel’s account; Amnesty International called the Israeli response “totally inadequate.”    

 U.N. Secretary General Ban Ki-Moon said on February 4 that he could not determine whether Israel and Hamas had met the U.N. requirements for credible, independent internal investigations.

 

The Palestinian Authority said it would open its own internal investigation into Hamas’ actions during the war.  Palestinian President Mahmoud Abbas had announced in the week leading up to the investigation deadline that he would establish a committee to investigate the conduct of P.A. security officers during the Gaza War.  Fatah is the ruling party of the P.A., and has been at odds with Hamas since Hamas took over control of the Gaza Strip from Fatah in 2006.

 For more information, please see:

 AFP – UN Chief Uncertain if “Credible” Gaza Probes Underway – 4 February 2010

 Ha’aretz – PA to Probe Alleged Hamas Gaza War Crimes – 3 February 2010

 New York Times – Hamas Gives U.N. Response to Gaza War Crimes Report – 3 February 2010

 Human Rights Watch – Gaza:  Hamas Report Whitewashes War Crimes – 28 January 2010

 Washington Post – Human Rights Group:  Hamas Targeted Civilians – 28 January 2010

Amnesty International Criticizes PNG Police for Abuse of Power

By Cindy Trinh
Impunity Watch Reporter, Oceania

PORGERA VALLEY, Papua New Guinea – Amnesty International says Papua New Guinea (PNG) police abused their power and acted outside their authority when they evicted people from their homes near the Porgera gold mine.

Last year, police conducted an operation to restore law and order around the Porgera gold mine in Enga Province. Amnesty International contends that police in PNG illegally and forcibly evicted people from their homes.

Amnesty International released a report documenting how PNG police burned down approximately 300 homes of people in the gold mine area.

A mining and human rights specialist, Shanta Martin, says that the report is based on evidence from 180 people, medical reports, and other data.

Martin stated: “There was significant evidence of forced evictions that people had certainly been living there, that they were well established houses that were burned down. Police acted contrary to search warrant, which would not in any way give the police power to destroy property, that they failed to ensure that there was notice and consultation with those who are going to be affected.”

Many residents reported that they had no forewarning of the raids, had no time to collect their belongings, and their food gardens were all destroyed. The families – including children, pregnant women, and the elderly – had no alternative housing made available for them by the government.

Martin says that because of the abusive acts of the PNG police, the families have become victims of human rights violations.

The Porgera Joint Venture manages the Porgera gold mine, and supplies accommodation, food, and fuel to police in exchange for security in the remote area under an agreement. Amnesty International says that the company should have reported the police eviction activity to PNG authorities as soon as company officials became aware of it, but instead, the company supported the police.

Amnesty International calls on the Porgera Joint Venture to cease supplying accommodation, food, and fuel to the police immediately.

Martin further calls upon the government to investigate the matter. She emphasizes the “need for the [PNG] government to carry out a full investigation, to prosecute those responsible and provide remedies for those affected.”

The Governor of PNG’s Enga Province, Peter Ipatas, supports Amnesty International’s call for an independent investigation into the evictions at the Porgera gold mine.

Ipatas says that Amnesty International’s call for an investigation makes sense.

“If anything happened and if people think that a government agency has acted outside our laws then obviously every one is subject to scrutiny. So I would assume that if there is an allegation that police mistreated their lawful duties then obviously government authorities need to investigate.”

Ipatas further stated that the unique situation of people living within the mine area will continue to cause problems, and the government should relocate them to a more appropriate area.

For more information, please see:
Radio New Zealand International – Political backing for Amnesty call for investigation of controversial PNG police action – 04 February 2010

ABC News – PNG police ‘torched village near mine site’ – 03 February 2010

Radio New Zealand International – Amnesty criticises PNG police over Porgera evictions – 03 February 2010

Yahoo News – PNG police ‘torched village near mine site’ – 03 February 2010

Associated Press – Papua New Guinea Police burn homes at gold mine – 02 February 2010