Peace Negotiations Watch, Volume X, Number 19

Peace Negotiations Watch, Volume X, Number 19

PEACE NEGOTIATIONS WATCH

Friday, May 6, 2011
Volume X, Number 19

In this issue:

CONFLICT UPDATES

Bosnia
Burma
Cameroon: Southern Cameroons
Democratic Republic of the Congo
Egypt
Kenya
Kosovo
Kyrgyzstan
Libya
Nagorno-Karabakh
Nepal
Philippines
Somaliland
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Uganda
Water Diplomacy
Zimbabwe

Bosnia

Serbia Will Not Meddle in Bosnia Affairs – President
Reuters, April 26, 2011
President Boris Tadic has indicated that Serbia will not interfere in Bosnia’s domestic affairs, even as Bosnian Serbs prepare for a referendum challenging the central government’s judicial branch.  Following a meeting with Bosnia’s tripartite presidency moderated by Turkish President Abdullah Gul, Tadic said Serbia could never back a vote that might lead to the division of Bosnia.  The Serb chairman of the Bosnian presidency, Nebojsa Radmanovic, blamed war crimes indictments from Serbia and Croatia for the current problems in Bosnia.

Bosnia in Worst Crisis Since War as Serb Leader Calls Referendum
The Guardian, April 28, 2011
Valentin Inzko, the High Representative of the international community in Sarajevo, announced that he would halt the referendum recently called by Bosnian Serb leader Milorad Dodik and approved by the Republika Srpska parliament.  Inzko threatened significant sanctions from the European Union (EU) should the vote occur, and further noted that such Serb secessionist policies are creating the worst crisis since the end of the war in 1995.  In response, Dodik, the president of Republika Srpska, pledged that the referendum would occur within eight weeks, as scheduled.  The referendum will determine whether to reject Bosnia’s state war crimes court and special prosecutor’s office, established in 2005 by international decree.

Burma

Burma Urged to Engage with United States
Times Online, April 25, 2011
On April 25, United States (US) top diplomat for East Asian affairs Kurt Campbell renewed his call on Burmese leaders to improve its human rights record, noting that the efforts made by the US to engage with Burma in the last year and a half have yielded no results.  US senior official Joseph Yun added that Burmese leaders should not think that they are better off by not engaging with the US.  Meanwhile, the US and the Association of Southeast Asian Nations maintain contradicting positions in regard to whether sanctions against Burma should be lifted.

Burma Leader Enlists Suu Kyi Friend as Adviser
Times Online, April 27, 2011
Burma’s president Thein Sein has appointed U Myint, a friend and former economic adviser of Aung San Suu Kyi, as a member of the new Burmese government’s advisory board.  The creation of the board was announced in the Government Gazette on April 19, and it will include advisers in economic, political, and legal affairs.  U Myint will head the economic section composed of three civilian academics, and intends to focus on combating rural poverty.  The political board members are former military officers and a retired police colonel will run the legal section.

Cameroon: Southern Cameroons

Cameroon Arrests Separatists for Illegal Gathering
Reuters Africa, April 28, 2011
Government officials reportedly arrested fourteen members of the Southern Cameroon National Council (SCNC) for holding an unauthorized meeting to discuss commemorating the fiftieth anniversary of the Cameroon referendum that resulted in denying the South an option to secede.  The referendum denying the option to secede effectively united British Cameroons and its French counterpart. Some in the English-speaking territory have since protested that they are marginalized.

Democratic Republic of the Congo

Congo Electoral Commission Says Presidential Elections to be Held November 28
Bloomberg, April 30, 2011
The head of the Democratic Republic of the Congo (DRC) electoral commission announced that presidential and parliamentary elections will be held on November 28, 2011.  Contenders are expected to include current President Joseph Kabila and Etienne Tshisekedi, leader of the opposition Union for Democracy and Social Progress Party.  Armed conflict is a continuing threat to security in the DRC, and the United Nations peacekeeping mission is working with the DRC police to provide security before and during elections.

Top Rwandan Hutu Rebel Leaders Go on Trial in Germany
Deutsche Welle, May 4, 2011
Two Rwandan Hutu rebel leaders are on trial in Germany for twenty-six counts of crimes against humanity, and thirty-nine counts of war crimes, for crimes subordinates under their command committed since January 2008 in eastern DRC.  The suspects, Ignace Murwanashyaka and Straton Musoni, are the director and deputy-director of the Democratic Forces for the Liberation of Rwanda (FDLR) but are alleged to have commanded the militia from Germany, where they have lived in asylum for years.  The trials are being held under a German law that allows German courts to prosecute crimes under the jurisdiction of the ICC.  The UN and human rights activists have praised Germany’s contribution to combating impunity.

Egypt

Cabinet Says Presidential Powers Will Be Limited
Al Masry Al Youm, April 28, 2011
Deputy Prime Minister Yehia al-Gamal said that the new constitution will seek to establish a parliamentary system, with a strong legislature and limited presidential powers.  He added the new system of governance will involve a free-market economy together with state-supported social equality.  The government is also working towards disbanding municipal councils.

Egypt’s Military Council to Enact New Political Participation Laws
Ahram Online, April 29, 2011
According to Deputy Prime Minister Yehia El-Gamal, Egypt’s Supreme Council of the Armed Forces will soon ratify legislative amendments allowing for a more transparent and competitive political process.  However, the amendments must first be accepted by consensus after open national dialogue.  The proposed amendments permit citizens to vote using their identity cards and allow Egyptians living abroad to vote.  However, the amendments will not finalize a new electoral system, since Egyptians are still divided on whether to adopt an individual-candidacy or party-based system.  Details about the proposed amendments will be revealed next week.

Five Thousand Civilians Tried in Military Courts, Says Human Rights Watch

The Daily News Egypt, April 29, 2011
Human Rights Watch (HRW) reports that the Egyptian military has tried over 5,000 civilians in military courts since February.  According to the report, these courts try between five and thirty defendants at a time in trials that last between twenty and forty minutes.  HRW urges the Supreme Council of the Armed Forces to discontinue such trials because their procedures neither protect due process rights nor satisfy the requirement of independence and impartiality.

Kenya

Wako Orders Police to Probe the Ocampo Six
Daily Nation, April 26, 2011
Attorney General Amos Wako asked Police Commissioner Matthew Iteere to include the six International Criminal Court (ICC) suspects in the investigation into the 2007 post-election violence.  Wako’s letter to Iteere comes after the Kenyan government asked the ICC to provide the government with copies of all the evidence against the suspects so that they can be tried domestically.  This is Kenya’s second attempt at circumventing ICC proceedings.

Call to Adopt Ligale Report on Vote Zones
Daily Nation, April 27, 2011
During debate on the Electoral and Boundaries Commission Bill, several Members of Parliament (MPs) called on Parliament to adopt the controversial constituencies recommendation from Andrew Ligale’s now dissolved Interim Independent Boundaries Commission.  The MPs said that the Ligale recommendations should be used as a guide for setting up boundaries, but other MPs argued that the recommendations should not be used at all as they are based on incorrect census data.

Kiplagat Temporarily Blocks Tribal Probe
Capital News, April 27, 2011
A high court judge has temporarily stopped a tribunal’s investigation into the suitability of Bethuel Kiplagat to be Chairman of the Truth, Justice, and Reconciliation Commission (TJRC) until a decision is reached on Kiplagat’s challenge to the validity of the tribunal. Kiplagat contends that under the TJRC Act, he cannot be investigated, as he was vetted, interviewed, and his name sent to the legislature for approval.  Further, he argues that the TJRC Act also limits any investigation to his conduct while Chairman, and not to any previous actions.

Kosovo

Pristina ‘Will Not Discuss Division of Kosovo’
Balkan Insight, April 26, 2011
Edita Tahiri, head of the Kosovo delegation to the ongoing Kosovo-Serbia negotiations mediated by the EU, has reiterated that his team will not discuss partition of Kosovo. Although Borislav Stefanovic, head of the Serbian delegation, made comments recently that Serbia would consider discussing division of Kosovo, Tahiri said the talks can remain constructive as long as they focus on technical issues.  According to Tahiri, reopening the issue of borders between Serbia and Kosovo would be a threat to regional peace and stability.

Kosovo Starts Preparations to Sue Serbia
SETimes, May 2, 2011
The government of Kosovo announced it will establish a War Crimes Institute, which will operate within the Ministry of Justice.  The Institute’s purpose is to document crimes committed by Serbia over the last ten years.  All findings will then be sent to the International Court of Justice (ICJ).  Kosovo cannot currently sue Serbia without being a member of the UN or a signatory party to the ICJ Statute.

Kyrgyzstan

Report Implicates Kyrgyzstan Officials in Ethnic Violence Last Year
New York Times, May 4, 2011
An international investigatory commission released a report implicating Krygyz civilian and military officials in the ethnic violence in Kyrgyzstan in June of 2010.  The report claims that the violence reached the level of crimes against humanity.  While the administration of President Rosa Otunbayeva had consistently denied responsibility and blamed former president Bakiyev’s supporters and Islamic extremists for the violence, the report found no evidence that points to the responsibility of those groups.

Libya

Administration Loosens Restrictions on Libyan Oil
Associated Press, April 26, 2011
The US has permitted rebels to sell the oil they control by easing US sanctions on Libya. By modifying the asset freeze that applied to Libya’s oil companies, the US hopes that the rebels will be able to use the income to buy arms as well as other supplies.  Under the modified sanctions, US companies can engage in business in Libya that benefits the opposition Transitional National Council.

US Still Not Ready to Recognize Libyan Opposition
CNN, April 27, 2011
According to Ambassador Gene Cretz, the US supports the Libyan opposition group but will not recognize it yet.  Although the US finds the Transitional National Council a serious and credible group, Cretz said the US first needs to study the legal implications of recognition, especially what constitutes a government and the US historical precedent for recognition.

UN Human Rights Panel Begins Investigation into Abuses in Libya
The Tripoli Post, April 28, 2011
The UN Human Rights Council ordered an inquiry into human rights abuses committed since the beginning of the conflict in Libya.  A three-member panel led by former UN Rapporteur Cherif Bassiouni will investigate violations of international law, including indiscriminate attacks that resulted in civilian casualties, torture, and the use of mercenaries in the conflict.  The report will not be limited to the Libyan government but will also concern NATO and the rebels.

Nagorno-Karabakh

Foreign Minister: Azerbaijan and Russia Closely Cooperate in Nagorno-Karabakh Issue

Trend, April 25, 2011
Azerbaijani Foreign Minister Elmar Mammadyarov said that Azerbaijan and Russia are cooperating to resolve the Nagorno Karabakh issue.  Russia’s involvement, claims Mammadyarov, will produce results and help keep the settlement issues moving forward.

EU to Support Nagorno-Karabakh Peace Process
Vestnik-Kavkaza, May 2, 2011
EU Commissioner Stefan Fule stated that although the EU has no official role in the Nagorno-Karabakh conflict, the EU may extend support to the Organization for Security and Co-operation in Europe  Minsk Group in the future.  Fule affirmed the EU’s support for democracy and the rule of law in the region and stated his hope for a peaceful resolution to the conflict.

Nepal

Nepali Congress against CA Term Extension: Sujata

The Himalayan Times, April 25, 2011
Sujata Koirala, one of the Nepali Congress (NC) leaders, said the NC was opposed to another extension of the Constituent Assembly’s term after the May 28 deadline.  She reiterated the NC’s call for the Unified Communist Party of Nepal (Maoist) and the CPN-UML to abandon the seven-point deal to allow for a coalition government, insisting that no issue could be resolved without the participation of the NC.

Nepal Maoist Chairman Dahal’s Proposal Accepted: Baidya Remains Rigid
Telegraph Nepal, April 29, 2011
The majority of the Maoist Central Committee adopted Chairman Dahal’s proposal in favor of peace and the constitution.  The proposal calls for a party effort to finish the constitution by the May 28 deadline and directs the party leadership to work to integrate combatants into the national army.  Vice Chairman Mohan Baidya wrote a note of dissent insisting that the party should pursue the people’s revolt agreed in the plenum.

Parties Agree to Expand Cabinet by Monday
Republica, April 30, 2011
Top leaders of the CPN-UML, Maoist, and the Madhesi People’s Rights Forum (MPRF) agreed to end the deadlock over the full composition of the cabinet.  The coalition parties agreed to give four ministries to the MPRF.  The parties also agreed on finalizing a common minimum program and policies for the coalition government.

Philippines

Government Wary of Existence of MILF Splinter Group
GMA News, April 27, 2011
During exploratory talks in Malaysia, the Philippine Government expressed concern that splinter groups such as the Bangsamoro Islamic Freedom Fighters might not recognize a comprehensive agreement between Moro Islamic Liberation Front (MILF) and the Government.  The Government praised the move by the MILF to consult with non-Moro entities, such as indigenous groups and business associations, saying it helped to further what should be a state-wide discussion on the issue of Bangsamoro.

Government Renews Offer to Moros
Manila Standard Today, April 29, 2011
In hopes of reaching a final agreement with MILF, the Aquino administration plans to submit a counter-proposal to the recent draft compact.  Both parties are currently holding a series of meetings in Malaysia facilitated by Ghafar Mohamed, the former head of Malaysia’s National Security Council.  Among the issues to be decided are the existence of an autonomous region in Mindanao and the recognition of Bangsamoro identity.

Somaliland

Mobile Courts Speed Up Justice in Somaliland
Somaliland Press, April 30, 2011
Mobile courts have been established by the Somaliland Government with the help of the United Nations Development Program to help speed up and simplify access to justice across Somaliland.  Mobile courts have been especially helpful in providing women, children, internally displaced persons, and ethnic minorities with access to the justice system by reducing costs.  The courts also support traditional justice mechanisms.

Sudan: Darfur

Darfurians Continue to Protest Against Sudanese Government
Sudan Tribune, April 28, 2011
Demonstrations by supporters of Abdel Wahid Al-Nur’s branch of the Sudan Liberation Movement took place in a number of Sudanese towns.  Slogans chanted by demonstrators called for regime change, and denounced the government of President Bashir for Darfur war crimes and for poor economic conditions.  The organizers said their protests gathered about twenty thousand people in Zalingei, fifteen thousand in Nyal, and six thousand in El-Fasher.

LJM Rebels Support Doha Draft Agreement for Peace in Darfur
Sudan Tribune, April 30, 2011
This week, the mediation presented a draft peace agreement to the Government of Sudan, the Liberation and Equality Movement (LJM), and the Justice and Equality Movement (JEM).  The mediation has asked the parties to respond by May 7.  LJM announced its support for the draft, which provides for the appointment of a vice-president and national ministers from Darfur, and establishes a regional authority for a one-year period until a referendum on Darfur’s administrative status is held.  The agreement also provides for a two-billion dollar fund for Darfur reconstruction and development, and the assignment of former combatants to the army and police.

Sudan: Southern Sudan

Instability Is Worsening in Southern Sudan
New York Times, April 25, 2011
The continuing violence in South Sudan has resulted in more than 150 deaths in the last week. While one rebel leader, General Gabriel Tang, surrendered after months of fighting the Southern Sudan Army, another rebel group claimed victory over the Southern Sudan Army in clashes near the town of Mankeim.  Since voters overwhelmingly voted for independence in South Sudan’s January referendum, numerous rebellions have broken out in the region.  This month, the UN estimated that more than 800 civilians have been killed in violence since January.

Sudan: Bashir Threatens South over Abyei
BBC News, April 28, 2011
Sudanese President Al Bashir threatened not to recognize the South Sudan as a new country on July 9 if the region lays claim to Abyei.  The draft Transitional Constitution explicitly claims Abyei as part of the south.  At a rally in Southern Kordofan, Bashir said that Abyei belongs to the North and that he would not give it up.

Tanzania

Women Bodies Keen to Have Gender Conscious Constitutional Review
The Daily News, April 29, 2011
The Tanzania Women Lawyers Association (TAWLA) and the Tanzania Gender Forum (TGF) announced their intent to work together to ensure that gender is considered in the government’s constitutional review process.  TAWLA Chairperson Maria Kashonda indicated that the collaboration also plans to raise public awareness about participation in the review, especially among women and girls.  The Chairperson of the TGF on Constitutional Review, Magdalena Webangira, explained that these efforts will encourage more people to read the bill and provide comments.  However, Webangira also noted that the current Constitutional Review bill does not sufficiently promote a culture of democracy.

Uganda

LRA Survivors Want Marshal Plan for Region
Daily Monitor, April 28, 2011
In a service to commemorate the massacre of over 200 civilians by the Lord’s Resistance Army (LRA) in 1996 in the Amuru district, Reverand Johnson Gakumba, Chairman of the Acholi Religious Leaders Peace Initiative, urged the Ugandan government to develop meaningful reparation programs for the crimes committed in the region.  Jacob Nokrach, a survivor and Chairman of the Atiak Massacre Survivors Association, accused the government of abandoning the survivors to NGOs.

Protests in Uganda Build to Angry Clashes
New York Times, April 29, 2011
On April 29, Uganda experienced the most violent day of protests since demonstrations began nearly three weeks ago.  Protesters built burning roadblocks throughout Kampala, bringing the city to a standstill.  At least five people were confirmed dead and more than 150 people were injured, as the police and military fired live ammunition, tear gas, and rubber bullets into crowds of protestors.  According to the police, 350 people have been arrested thus far.  Simultaneous protests were reported in the Gulu and Mbale districts. Kizza Besigye, the opposition politician leading the protests, called for demonstrations against rising commodity prices.

Water Diplomacy

Egypt Opposes Ethiopia’s Dam Construction Plan
BikyaMasr, April 10, 2011
On April 10, a delegation from Cairo traveled to Kampala, Uganda to discuss new plans for water sharing of the Nile Basin water.  Although the delegation refused to support Ethiopia’s proposal to build a dam near the Sudanese border, it did support the construction of a canal in Sudan to recover swamp water.  However, Egypt refuses to take part in the Entebbe agreement signed by the other Nile states, including Ethiopia, Kenya, Sudan, Uganda, Tanzania, and Burundi.

Water Wars? Thirsty, Energy-Short China Stirs Fear
The Associated Press, April 16, 2011
Residents in vulnerable river towns and Asian capitals from Pakistan to Vietnam are fearful that China’s accelerating program of constructing dams on every major river flowing from the Tibetan plateau will trigger natural disasters, degrade fragile ecologies, and divert vital water supplies.  China has already built twenty dams on eight Tibetan rivers, with forty more planned.  Analysts say that control of the Tibetan rivers is the biggest potential point of contention between India and China.  Even if official government representatives are hesitant to articulate their concern, locals in vulnerable areas do, and also express their worry that Asian riparian states will refuse to cooperate on water-sharing issues, to their detriment.

A Nasty Splash in South Asia
Khalej Times, April 29, 2011
The United States Senate Foreign Relations Committee recently released a report addressing how to avoid future water wars in South and Central Asia, entitled “Avoiding Water Wars: Water Scarcity and Central Asia’s Growing Importance For Stability in Afghanistan and Pakistan.”  The report places particular emphasis on the need to resolve water disputes between India and Pakistan in light of changing climate and environmental conditions for the purpose of promoting stability in the region.  The report also recommends focusing on conservation instead of trying to increase the water supply.

Zimbabwe

African Union Urged to Follow Up on Reports Alleging Zimbabwe Torture

Voice of America, April 28, 2011
The Human Rights Institute of Southern Africa has reported to the African Commission on Human and People’s Rights that Zimbabwe is not adequately addressing allegations of torture and human rights abuses.  The Institute has recommended that a Special Rapporteur be appointed to investigate these matters.  The Human Rights Institute says that law in Zimbabwe has broken down, making it difficult to enforce judgments, and that democratic reforms have been slow to progress despite promises from President Mugabe.

Tsvangirai Rallies Supporters for Zimbabwe Vote
Reuters, April 29, 2011
At a congress for his Movement for Democratic Change (MDC) party, Prime Minister Morgan Tsvangirai referred to the rival ZANU-PF party as oppressors and hinted at leadership changes in the MDC.  His speech was apparently an attempt to rouse support for an upcoming campaign to oust President Robert Mugabe, should the elections called for Mugabe take place sometime soon.  Tsvangirai is not currently challenged as the leader of the MDC.

Peace Negotiations Watch is a weekly publication detailing current events relating to conflict and peace processes in selected countries.  It is prepared by the Public International Law & Policy Group (PILPG) and made possible by grants from the Carnegie Corporation of New York and the Ploughshares Fund.

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International Criminal Justice News Roundup: April 2011

30 April
International court issues Canada ‘reminder’ on Afghan detainees
(Source: Montreal Gazette)
Prosecutor to probe possible war crimes violations if federal government refuses to investigate: The International Criminal Court has issued Canada a strong “reminder” about the legal responsibility to investigate accusations of human-rights abuses, Amnesty International officials said. The human rights watchdog was commenting on a statement the ICC chief prosecutor made in a documentary about how Canadian soldiers handled detainees in Afghanistan…

29 April
Officials look into Libya rape allegations
(Source: UPI.com)
Libyan leader Moammar Gadhafi is allegedly handing out sexual enhancement drugs to stimulate soldiers to rape women, a U.S. diplomat claimed…

ICTR removes US defense lawyer from tribunal work
(Source: Jurist)
The appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) has removed US lawyer Peter Erlinder rom his position as an ICTR defense lawyer. Appeals chamber judges said that last week’s decision was based on Erlinder’s failure to appear at the tribunal in Arusha, Tanzania…

28 April
International justice – a ‘handy political tool’?
(Source: Radio Netherlands)
The international community suits itself when it comes to international justice. That’s the message in Blufpoker (Bluff Poker), the latest book by international lawyer, Geert-Jan Knoops. He told RNW that his message may not be optimistic, but should serve as a lesson to both the public and politicians.

27 April
Sri Lanka says U.N. war crimes report threatens peace efforts
(Source: Reuters)
Sri Lanka on Wednesday said the publication of U.N.-appointed panel’s report blaming it for thousands of civilian deaths at the end of its civil war threatens peace-building efforts and is motivated by the political agenda of “interested parties.”… With Chinese and Russian support on the U.N. Security Council, Sri Lanka is unlikely to face any international probe, since it is not a member of the International Criminal Court in the Hague.

22 April
Rwanda: Gacaca Courts, Justice and Reconciliation
(Source: AllAfrica.com)
Following ICTR-like rules meant that the backlog of 130000 imprisoned suspects … The ICTR and the national justice system, just getting back on its feet…

ICC prosecutor to investigate Nigeria post-election violence
(Source: Jurist)
Luis Moreno-Ocampo, the Chief Prosecutor of the International Criminal Court (ICC), on Thursday announced  an investigation into recent violence following national elections in Nigeria earlier this month. The preliminary investigation, a precursor to a formal investigation, comes in the wake of riots that killed over 100 and displaced more than 40,000…

21 April
Kazakh prosecutors train to apply int’l criminal law standards
(Source: Central Asia Newswire)
Kazakh prosecutors began three days of training Wednesday on criminal law related to international agreements. Some 20 prosecutors from regions across the vast Central Asian republic are attending the seminar aiming to better align their knowledge of criminal matters with international criminal law norms…

20 April
UN urges Nepal to punish war crimes, increase women’s rights
(Source: Jurist)
UN Deputy High Commissioner for Human Rights Kyung-wha Kang spoke Tuesday to the Constituent Assembly of Nepal (CA) about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women’s rights. The Office of the High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) have both previously appealed to the government of Nepal to investigate human rights violations allegedly committed during its civil war…

Ex-Rwanda prosecutor arrested in Belgium on genocide charges
(Source: Jurist)
Belgian prosecutors announced Wednesday that police in Belgium arrested Rwandan Mathias Bushishi Monday for his involvement in the 1994 Rwandan genocide. Police arrested Bushishi on an international arrest warrant [Interpol warrant] that includes charges of war crimes and genocide. Bushishi is accused of using his role as prosecutor to assist in the extermination of Tutsis in the city of Butare during the genocide. Belgian law allows the government to prosecute Belgian residents for war crimes and genocide committed in other countries, meaning Bushishi may be tried in Belgium…

18 April
International justice system a flop – Kagame
(Source: East African)
President Paul Kagame has yet again criticised the international justice system for failing the victims and survivors of the 1994 genocide…“Forget this nonsense of international justice. Even when there is more than enough evidence (referring to Bagosora trial) it has taken 17 years …because they are worried that he (Bagosora) would bring evidence implicating them; they do not even care about us…” he said…

16 April
Bosnian war crimes suspect held without bail in Oregon
(Source: Reuters)
A single mother accused of committing war crimes in the Balkans was ordered held without bond on Friday to await a hearing on a request for extradition to her native Bosnia and Herzegovina…

15 April
Croatians convicted of war crimes
(Source: BBC News)
Judges sentenced Ante Gotovina to 24 years and Mladen Markac to 18 years in jail for crimes including murder, persecution and plunder. The men helped to plan an operation to retake Croatia’s Krajina region and force out all Serbians in 1995…

Argentina’s last dictator gets life in prison
(Source: AFP)
Argentina’s last dictator, Reynaldo Bignone, was sentenced to life in prison for crimes against humanity stemming from human rights abuses under the country’s 1976-83 military regime…

DR Congo: Strengthen Plan for War Crimes Trials
(Source: Human Rights Watch)
Congo’s government should revise and strengthen proposed legislation for a specialized mixed national/international court to hold perpetrators of serious human rights abuses to account, Human Rights Watch and the Congolese Coalition for Transitional Justice (CCJT) said today… Human Rights Watch and CCJT sponsored the conference in Goma to discuss possible improvements to the draft law prepared by the Congolese government to establish a specialized mixed court in Congo – a national court with a degree of international involvement – to try war crimes, crimes against humanity, and other serious human rights abuses committed on Congolese soil since 1990…

14 April
Africom And the ICC – Enforcing International Justice in Africa?
(Source: AllAfrica)
Nearly eight years since its establishment in July 2002, and with its first major review conference just around the corner, the International Criminal Court (ICC) faces a number of challenges…

International War Crimes – Whose Truth? Whose Justice?
(Source: AllAfrica)
The international criminal justice project is gaining momentum but ‘do we even agree on what kind of justice we are asking for?’ asks Jeanne M. Woods. ‘If Africa is ever to determine its own destiny, Africa must build its own institutions, tailored to its own history and realities, as slow and as painful a process as this might be.’

Bosnian Serbs call referendum on war crimes court
(Source: Monsters and Critics)
The parliament in the Serb part of Bosnia decided late Wednesday to call a referendum on the country’s war crimes court. The date for the referendum will be set after the parliamentary decision comes into effect with its publication in the official gazette…

2 Bosnian immigrants in U.S. accused of war crimes
(Source: LA Times)
The pair are arrested in Washington and Oregon on an extradition request from Bosnia-Herzegovina. They are accused of helping lead an April 1993 attack on a village, where 16 people were killed…

13 April
Uruguayan Senate Annuls Amnesty for Dictatorship Crimes
(Source: VOA News)
Lawmakers in Uruguay have voted narrowly to annul an amnesty for crimes against humanity committed during the country’s 1973 to 1985 dictatorship…

12 April
Rights group claims executions by Gaddafi forces constitute war crimes
(Source: Jurist)
Amnesty International (AI) on Monday pointed to the executions of opposition fighters as the most recent evidence that forces supporting Libyan leader Muammar Gaddafi continue to commit war crimes…

8 April
Kenyan officials suspected of poll violence appear at International Criminal Court
(Source: UN News Centre)
Three senior Kenyan officials, including the deputy prime minister, today appeared before the International Criminal Court (ICC), which set 21 September as the date for the start of a hearing on the confirmation of charges preferred against them in connection with the 2008 post-election violence…

7 April
When rape is a tool of war
(Source: CNN Op-Ed by Kelly Askin)
…Since Obeidy burst into a hotel filled with journalists last week and told them of being raped by loyalist militia, Gadhafi supporters have deployed a range of vile tactics in a bid to undermine her that are painfully familiar. They called her a drunk, a prostitute, a pornographer, a liar, mentally unstable — impugning her honor and that of her family…

6 April
Anniversary of Rwandan Genocide Brings Declarations, Warnings
(Source: VOA News)
Rwanda is approaching the anniversary of one of the worst genocides in modern history that killed almost one million people. Officials stress that what happened 17 years ago must never happen again in Rwanda, the rest of Africa, and the world…

5 April
ICC prosecutor wants Ivory Coast atrocities referred
(Source: Reuters)
The International Criminal Court prosecutor said on Tuesday he is in talks with West African states about referring alleged atrocities in the Ivory Coast to the court to accelerate an investigation into the violence. More than 1,500 people are reported to have died in the Ivory Coast since Laurent Gbagbo’s refusal to concede he lost November’s presidential election to Alassane Ouattara plunged the world’s top cocoa producer into civil war…

4 April
Spain targets war crimes suspect held in Calgary (Canada)
(Source: CBC News)
…Sosa, 53, is also wanted by Guatemalan authorities for allegedly participating in attacks on a village in 1982 in which 251 men, women and children were massacred…Now a Spanish judge has issued an international arrest warrant for Sosa, who has both Canadian and U.S. citizenship, for crimes against humanity…

Questions remain after Gaza war crimes investigations
(Source: Sydney Morning Herald)
Richard Goldstone’s report on the war in Gaza accused both Israel and Hamas of committing war crimes. He recommended that both sides openly investigate their own conduct. In the absence of such investigation, Judge Goldstone’s report recommended that such war crimes allegations be brought before the International Criminal Court…

3 April
UN demands action over Ivory Coast massacre
(Source: ABC Online)
United Nations chief Ban Ki-moon has demanded that Ivory Coast’s internationally recognised president take action against followers who took part in a massacre of about 800 people… The UN has already warned Mr Gbagbo and his camp of a crimes against humanity investigation by the International Criminal Court into attacks on civilians since the country’s election in November…

Genocide Suspect Arrested in France
(Source: AllAfrica)
A man indicted by Rwanda on six counts, including Genocide and conspiracy to commit Genocide, was recently arrested in France…

1 April
Appeals chamber confirms sentence against former Rwandan Military officer
(Source: Hirondelle)
The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) Friday confirmed the 15 years imprisonment sentence imposed on former Rwandan military officer, Lieutenant-Colonel Tharcisse Muvunyi, for direct and public incitement to commit genocide…

State files case to challenge trial at ICC
(Source: The Standard)
The Government has filed a case at the International Criminal Court challenging the admissibility of the cases against the six suspects on the post-election violence. Even as the case was filed at The Hague in Netherlands, in Nairobi, ODM dismissed it as a PNU decision that was made without consulting its coalition partner. In filing its case, the Government says it has committed itself to the ICC, promising initiate the prosecutions of the cases before September this year if the matter is referred back to local courts…

Sources compiled by the International Association of Prosecutors.

Ai Weiwei: Detained Against the Will of the World

David L. Chaplin II
Impunity Watch, Asia

BEIJING, China – In Ai Weiwei, the globalized contemporary art world has found its first true star. His arrest has sparked world-wide condemnation, while his international schedule of exhibitions continues to unfold. In London, two are set to open next month, one at the Lisson Gallery, and another in the Somerset House courtyard.

The artist has disappeared into the Kafkaesque black hole of the Chinese legal system.

Can China just shrug off outrage about Ai and his fate?  Chinese has expressed indifference toward international opinion regarding Ai.

Ai has been missing since officials stopped him at Beijing airport on 3 April. Authorities say the 53-year-old artist is under investigation for economic crimes, but police have not notified his family of detention.

Several friends and colleagues have also disappeared, although his lawyer Liu Xiaoyuan returned home on Tuesday after several days’ absence. His friend Wen Tao, his driver and Cousin Zhang Jinsong, accountant Hu Mingfen and designer Liu Zhenggang remain missing.

Despite widespread expressions of concern from, among others, the U.S. Secretary of State Hillary Clinton, not a word has been heard from him. His family, it was reported by the BBC, still don’t know where he is, whether he has been charged with an offense or even whether he has been formally arrested.

The social campaigns website Change.org has alleged Chinese hackers have launched a distributed denial-of-service attack on it, after it hosted a petition calling for the release of detained artist Ai Weiwei. The founder of the US-based site said the initial attacks had all been traced to IP addresses in China, although hackers often use several computers to disguise their whereabouts.

“We do not know the reason or exact source of these attacks,” said Ben Rattray, the founder of Change.org.

On April 14, a state-backed publication in Hong Kong, the Wen Wei Po newspaper, stated that Ai was being investigated for tax evasion (crimes of bigamy and putting obscene images on the Internet also were mentioned).

“Ai Weiwei has had quite a good attitude in co-operating with the investigation and has begun to confess,” the report continued. Since then, nothing more has been heard about that.

This and other publication are believed to be state motivated articles to pierce the strength of protest behind Ai’s disappearance.

Ai is 53 suffering from high blood pressure and diabetes, according to his wife. Two years ago, in August 2009, he was struck violently on the head by a Chinese policeman, one of several who burst into his hotel room in the early hours of the morning. He asked for identification, and that was the reply.

Dozens of rights lawyers and activists have been detained or lost contact with friends and relatives since February, when fears of contagion from Middle East and North Africa uprisings triggered a crackdown by China’s domestic security apparatus.

A Chinese rock musician, Zuoxiao Zuzhou, was briefly detained by police after voicing support for prominent artist and rights campaigner Ai Weiwei, a Hong Kong-based rights group said on Thursday.

During a gig at the 2011 Modern Sky Folk& Poetry Festival in eastern China, he displayed the words “Free Ai Weiwei” on a large screen, the Hong Kong-based Information Center for Human Rights and Democracy said in a statement.

Critics say Hong Kong is under political pressure from Beijing to arrest the artists, potentially testing the limits of tolerance in the free-wheeling capitalist hub which was once a British colony but reverted to Chinese rule in 1997.

“The Ai Weiwei case, in essence, is not a human rights matter, nor is it about freedom of speech. No one is above the law. Just like in other countries, acts of violations of the law will be dealt with by the law,” the embassy wrote in the letter, carried in the English-language China Daily.

The China Daily said the letter had been written in response to an article in a British newspaper written by author Salman Rushdie calling on China to set Ai free.

For more information, please see:

Wall Street Journal – In Absentia, a Retrospective for Chinese Dissident Artist Ai Weiwei – 6 May 2011

Guardian.uk – Ai Weiwei campaign website ‘victim of Chinese hackers’ – 20 April 2011

Bloomberg – Ai Weiwei Won’t Be Intimidated by Chinese Thugs: Martin Gayford – 27 April 2011

Reuters – Chinese rocker reported detained after backing Ai Weiwei – 28 April 2011

Reuters – Pro-Ai graffiti in Hong Kong sparks warning by Chinese army – 29 April 2011

Reuters – China says Ai case nothing to do with freedom of expression – 29 April 2011