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.

AMNESTY INTERNATIONAL: Israeli Campaign to Avoid Accountability for Gaza War Crimes Must Be Rejected

April 13, 2011

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: MDE 15/023/2011
Date: 6 April 2011

Israeli campaign to avoid accountability for Gaza war crimes must be rejected

Recent Israeli government calls for the UN to retract the 2009 report
of its Fact-Finding Mission on the Gaza Conflict are a cynical attempt
to avoid accountability for war crimes and deny both Palestinian and
Israeli victims of the 2008-2009 conflict the justice and reparations
they deserve, Amnesty International said today.

Statements by leading Israeli politicians that Israel’s conduct in the
22-day conflict in Gaza and southern Israel has been vindicated,
following the publication of a Washington Post opinion piece by
Justice Richard Goldstone on 1 April 2011, are based on a deliberate
misinterpretation of Justice Goldstone’s comments. The international
community must firmly reject these attempts to escape accountability
and act decisively for international justice, as it has done on Libya,
Sudan and other situations where war crimes and possible crimes
against humanity have been committed.

The UN Fact-Finding Mission on the Gaza Conflict, composed of Justice
Goldstone and three other eminent international jurists, examined
violations of international humanitarian and international human
rights law committed by all sides during the 2008-2009 conflict. Its
September 2009 report echoed the findings documented by Amnesty
International, other human rights organizations and independent
observers, and called on the Israeli and Palestinian authorities to
conduct credible, independent investigations into alleged war crimes
and possible crimes against humanity within six months or face
potential UN Security Council referral to the International Criminal
Court.

The report’s recommendations concerning potential international
justice mechanisms remain unimplemented more than 18 months later,
despite the fact that the Israeli authorities and Hamas de facto
administration have both failed to conduct investigations that are
prompt, thorough, independent, impartial, and effective, as required
by the UN General Assembly.

Israeli Prime Minister Benjamin Netanyahu, Foreign Minister Avigdor
Lieberman, Defence Minister Ehud Barak, and other senior Israeli
politicians have seized on Justice Goldstone’s new statement that the
Israeli military did not intentionally target civilians during the
conflict and has conducted some investigations to call for the entire
Fact-Finding Mission’s report to be retracted – or, as Prime Minister
Netanyahu put it, “tossed into history’s trash can”. The US State
Department has supported this position, with a spokesperson saying
that the US government did not see any evidence that the Israeli
government had committed any war crimes during the conflict.

As a spokesperson for the Human Rights Council has today made clear,
comments made in an opinion piece do not provide a sufficient legal
basis for overturning a UN report that has been discussed and endorsed
by both the Human Rights Council and the General Assembly. Nor are the
self-serving calls of Israeli political leaders, some of whom were
members of the Israeli war cabinet which made the policy decisions
during Operation “Cast Lead”, the 22-day conflict in which some 1,400
Palestinians, including some 300 children, were killed by Israeli
forces. Aborting the process towards an international justice solution
would also preclude any possibility of justice or reparations for
Israeli victims of the conflict, who suffered from hundreds of
indiscriminate rockets and mortars launched into southern Israel by
Hamas’ military wing and other Palestinian armed groups in Gaza.

Amnesty International has monitored and critiqued the Israeli military
investigations into its actions during Operation “Cast Lead”, and has
condemned both the continuing failure of the Hamas authorities to
investigate alleged violations committed by Palestinian armed groups
during the conflict and the ongoing firing of indiscriminate rockets
into southern Israel.

In consequence of the failure of both the Israeli and Palestinian
sides to conduct proper independent investigations and ensure
accountability and justice for the victims, Amnesty International has
called on a range of international actors to now bring international
justice mechanisms to bear in order to meet these objectives and end
impunity.

In particular, Amnesty International has called on the General
Assembly to consider the Fact-Finding Mission’s report at its 66th
session starting in September 2011, and submit the report to the UN
Security Council with a recommendation that the latter body consider
referring the situation to the Prosecutor of the International
Criminal Court (ICC). This recommendation was also included in a
resolution passed by the Human Rights Council on 25 March 2011.

Amnesty International also urged the ICC Prosecutor to seek a legal
determination from the Pre-Trial Chamber on whether an investigation
could be launched on the basis of a 2009 declaration by the
Palestinian Authority accepting the Court’s jurisdiction over crimes
committed on the Palestinian territories. Finally, we have
consistently called for national authorities of other states to
exercise universal jurisdiction over war crimes committed during the
2008-2009 Gaza conflict, just as we urge states to exercise universal
jurisdiction over war crimes in other conflicts where the domestic
authorities are unwilling or unable to act.

Background

In a personal op-ed, Justice Goldstone contrasted the investigations
conducted by the Israeli military into alleged violations by Israeli
forces with the Hamas de facto administration’s failure to investigate
alleged violations by Palestinian armed groups in Gaza. He also
commented that the Israeli military investigations indicate that
civilians in Gaza “were not intentionally targeted as a matter of
policy” by Israeli forces. The op-ed is available at:
http://www.washingtonpost.com/opinions/reconsidering-the-goldstone-report-on-israel-and-war-crimes/2011/04/0

While Justice Goldstone’s comments question one of the Fact-Finding
Mission’s conclusions – that certain Israeli attacks during Operation
“Cast Lead” intentionally targeted civilians – the op-ed in no way
constitutes a retraction of the entire Fact-Finding Mission report.
The other three members of the UN Fact-Finding Mission have not issued
similar public comments questioning any of the report’s conclusions.

The Fact-Finding Mission report examined 11 incidents in which Israeli
forces launched direct attacks against civilians that resulted in
civilian deaths, and found that in these incidents, “the conduct of
the Israeli armed forces constitutes grave breaches of the Fourth
Geneva Convention in respect of wilful killings and wilfully causing
great suffering to protected persons and, as such, give[s] rise to
individual criminal responsibility.” Justice Goldstone’s op-ed
mentions only one of these incidents, an Israeli attack on 5 January
2009 which killed 21 members of the al-Sammouni family, which is the
subject of an ongoing Israeli military investigation. Assessing
whether specific Israeli attacks on civilians during the conflict were
deliberate is extremely difficult because the Israeli military has not
released the evidence that would allow independent parties to evaluate
its conclusions. Amnesty International has not argued that the Israel
Defense Forces (IDF) targeted Palestinian civilians “as a matter of
policy”, but rather that IDF rules of engagement and actions during
the conflict failed to take sufficient precautions to minimize
civilian casualties. Justice Goldstone’s recent comments do not
dispute this assessment.

Amnesty International, the Fact-Finding Mission, and other human
rights organizations documented many other serious violations by
Israeli forces, including war crimes, during the conflict. These
include indiscriminate attacks and the use of weapons such as white
phosphorus and flechettes in civilian areas; wanton destruction of
civilian property and infrastructure; attacks on UN facilities,
medical facilities and personnel; and the use of Palestinian civilians
as “human shields”. While the Israeli authorities have investigated
some of these incidents, all the investigations have been conducted by
the Israeli military, and overseen by the Military Advocate General
Corps, the same body which was responsible for providing legal advice
to the IDF during Operation “Cast Lead”.

As noted in the recent report of the UN Committee of Independent
Experts appointed to monitor and assess the investigations, Israel has
failed to investigate the actions of “those who designed, planned,
ordered and oversaw Operation Cast Lead”, the Israeli military
investigations have lacked transparency, and more than one third of
the incidents highlighted by the Fact-Finding Mission are still
“unresolved or unclear”. To date, only four Israeli soldiers have been
indicted on criminal charges relating to Operation “Cast Lead”, and
only one has served prison time for credit card theft.

Amnesty International’s own assessment of the Israeli investigations
concurred with the Committee of Independent Experts’ report. More than
two years after the conflict, there is no way for objective, impartial
observers to view Israel’s investigations as adequate, independent, or
effective in bringing perpetrators of alleged violations to justice.

The Committee of Independent Experts’ report, released on 18 March
2011, is available at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.16.24_AUV.pdf

Amnesty International’s latest assessment of the Israeli and
Palestinian investigations into the Gaza Conflict, released on 18
March 2011, is available at:
http://www.amnesty.org/en/library/info/MDE15/018/2011/en

Following Gbagbo’s capture, Ouattara is called upon to investigate mass human rights abuses

April 11, 2011

By Polly Johnson
Impunity Watch Reporter, Africa

Laurent Gbagbo and his wife, Simone, surrender at the Golf Hotel in Abidjan (Photo Courtesty of New York Times/Getty Images.) — Laurent Gbagbo and his wife, Simone, surrender at the Golf Hotel in Abidjan. (Photo Courtesty of New York Times/Getty Images.)

ABIDJAN, Ivory Coast – After a disputed election plunged Ivory Coast into four months of violent civil war, Laurent Gbagbo, who refused to concede defeat after last November’s presidential election, surrendered on Monday to his rival and Ivory Coast’s leader, Alassane Ouattara.

“The fighting is over,” Gbagbo said on television after his arrest, a dramatic event involving a military assault on his residence in Abidjan.

When Gbagbo failed to cede power in November’s presidential election, the country was thrown into violent conflict. Despite international calls for his resignation from the United Nations, the United States and the European Union, pleas from African diplomants and severe economic sanctions, Gbagbo refused to give up his power.

His refusal to surrender led to the dramatic scene at his residence on Monday morning, where French and U.N. helicopters struck and partially destroyed Gbagbo’s residence. Tanks surrounded his compound, under which Gbagbo and his family sought cover in a bunker protected by security forces. But by the middle of the day, Gbagbo and his wife retreated to the Golf Hotel, where his surrender was complete. The Golf Hotel serves as the headquarters of both Ouattara and the United Nations.

“Finally, we have reached the dawn of a new era of hope,” Ouattara said in a televised address on Monday. “We had hoped this transfer had been different, but we have to focus on today.”

Noting that the “country has just turned a painful page of its history,” Ouattara called for legal proceedings to be initiated against Gbagbo, his wife and his colleagues. Ouattara also said that a truth and reconciliation commission would be set up.

Aside from Ouattara’s calls to cease the violence, United States President Barack Obama and U.N. Secretary General Ban Ki-moon welcomed Gbagbo’s capture and urged calm in Ivory Coast. Obama said that Gbagbo’s “illegitimate claim to power has finally come to an end.”

Despite the relief that has come with Gbagbo’s capture, Ivory Coast is still reeling from atrocities committed by supporters of both Ouattara and Gbagbo.

Human Rights Watch (HRW) reported last week that forces loyal to Ouattara murdered and raped Gbagbo supporters and burned ten villages. Gbagbo supporters murdered more than one hundred Ouattara supporters.

The abuses documented by HRW occurred during March and April. In one horrific event, hundreds of Guéré civilians and Gbagbo supporters were murdered by Ouattara supporters in the town of Duékoué.

HRW has called on Ouattara to address these atrocities and violations of international law and “urgently investigate and prosecute all those responsible for abuses to bring an end to Côte d’Ivoire’s longstanding cycle of impunity.” Daniel Bekele, Africa Director at HRW, made clear that forces loyal to both Ouattara and Gbagbo have committed numerous atrocities, and that is in Ouattara’s hands to ensure that those responsible on both sides are brought to justice.

But Ouattara remains hopeful. In his televised speech, he said, “Today a white page opens in front of us, white like the white of our flag, symbol of hope and peace.”

For more information, please see:

BBC – Ouattara urges Ivory Coast calm – 11 April 2011

CNN – Ivory Coast president urges calm after Gbagbo is arrested – 11 April 2011

Human Rights Watch – Côte d’Ivoire: Ouattara Forces Kill, Rape Civilians During Offensive – 9 April 2011

Independent – Stripped of dignity, stripped of power – 12 April 2011

New York Times – Former Leader of Ivory Coast Is Captured – 11 April 2011

Bolivia to Grant Nature “Human Rights”

April 11, 2011

By R. Renee Yaworsky
Impunity Watch Reporter, South America

LA PAZ, Bolivia—In a revolutionary move, Bolivia is set to pass a law that essentially grants nature the same rights as human beings. It will become the first law of its kind in the entire world.

Called the Law of Mother Earth, the legislation is expected to be the first step in a new radical environmental conservation policy. The policy’s long term goals include diminishing pollution and exploitation within Bolivia.

The Law of Mother Earth, which defines Bolivia’s famous mineral deposits as “blessings,” has already experienced popularity among politicians and social organizations alike. The law makes reference to nature’s right “to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities.”

Further, 11 new rights for nature are set forth in the law, including: the right to life and existence; the right to continue vital cycles and processes free from human alteration; the right to clean water and air; the right to balance; the right not to be polluted; and the right not to have cellular structures modified or genetically altered.

The South American nation has struggled with environmental difficulties ranging from rising temperatures, melting glaciers, and extreme weather like floods, droughts and mudslides. The country has also been heavily mined for its rich tin, silver and gold deposits.

Vice President Alvaro Garcia Linera has praised the Law of Mother Earth, saying, “It makes world history. Earth is the mother of all. It establishes a new relationship between man and nature.” The law has been shaped in part by the indigenous Andean belief that human beings are equal to all other things.

While it remains unclear what specific legal protection the law might grant the ecosystems, the government plans to create a ministry of mother earth and endow communities with legal powers to control polluting industries.

For more information, please see:

Ahmedabad Mirror-Mother Earth to be granted human rights under Bolivian law-12 April 2011

Sydney Morning Herald-Bolivia to pass a law granting nature “human rights”-12 April 2011

Albuquerque Express-Bolivia set to pass “Law of Mother Earth”-11 April 2011

Human Rights Court: Italy Violated Ban On Torture

April 10, 2011

By Christina Berger
Impunity Watch Reporter, Europe

STRASBOURG, France — The European Court of Human Rights (ECHR) recently ruled that Italy violated the ban on torture and other cruel, inhuman, or degrading treatment in deporting a man to Tunisia in 2009. The deportation took place despite the ECHR’s repeated requests at the time to stop the transfer due to the risk of torture the man faced once in Tunisia.

Ali Ben Sassi Toumi, a Tunisian man married to an Italian, was sentenced in Milan, Italy in 2007 to six years on charges related to international terrorism. His sentence was remitted and he was released in May 2009. Toumi was then detained in Italy while awaiting deportation. During that time, the ECHR communicated on three separate occasions the request to stay the transfer based on the opinion that Toumi was at a significant risk of being tortured once returned to Tunisia and deportation would seriously hinder the Court’s ability to rule on the protection of Toumi’s asserted rights.

Toumi applied for asylum in Italy, but was denied because he had been convicted of a serious crime. He was forcibly returned to Tunisia in August 2009, where he claims he was held and tortured for 10 days by the Tunisian authorities before being released under threat to keep his silence regarding his detention. Toumi’s Italian lawyer was denied access to him during that time.

The Italian government maintained that Toumi had only been held for three days while he was legitimately questioned in connection with an international terrorism case, and that he had not been subjected to ill-treatment, a version of events the Court found unlikely. In asserting this claim, the Italian authorities relied only on information provided by Tunisian authorities.

The Italian authorities claimed they had relied on diplomatic assurances by Tunisian authorities before deportation that Toumi would not face ill-treatment and he would receive a fair trial once returned to Tunisia. The ECHR reprimanded Italy in the judgement opinion for relying on such assurances given that “reliable international sources” indicated that claims of torture and ill-treatment were not properly investigated by Tunisian authorities, who were “reluctant to cooperate” with human rights organizations.

Julia Hall, Amnesty International’s expert on counter-terrorism and human rights in Europe, said in response to the Court’s ruling that the “Italian government completely disregarded the European Court’s authority and used dubious promises from the Tunisian authorities to justify its actions. People cannot be sent to countries where they risk being tortured or otherwise ill-treated, under any circumstances, and assurances from a government known to torture cannot serve as a guarantee of safety on return.”

For more information, please see:

AFP — EU rights court censures Italy for Tunisian’s deportation — 5 April 2011

AMNESTY INTERNATIONAL — Italy violated torture ban during Tunisia deportation — 5 April 2011

ECHR PRESS RELEASE — Another removal of a terrorist from Italy to Tunisia notwithstanding the Court’s indications and the risk of ill-treatment — 5 April 2011