ICC rejects European suggestions that Gaddafi remain in Libya as part of peace plan

ICC rejects European suggestions that Gaddafi remain in Libya as part of peace plan

By Greg Hall
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – The International Criminal Court (ICC) in The Hague recently issued arrest warrants for Libyan leader Muammar Gaddafi, as well as his son Saif al-Islam, and his military intelligence chief, Abdullah Senussi. International prosecutors have accused the three of crimes against humanity, including killing civilian protestors during Libya’s Arab Spring.

A member of staff at the Libyan embassy steps on a portrait of Muammar Gaddafi, who the ICC says must be arrested. (Photo courtesy of Reuters)

The ICC dismissed suggestions by Britain and France to allow Gaddafi the opportunity to stay in Libya as part of a negotiation to entice Gaddafi to step down from power.  The ICC said that Gaddafi could not be allowed to escape justice. “He has to be arrested,” said Florence Olara, spokeswoman for the court’s chief prosecutor, Luis Moreno-Ocampo.

Olara said the decision to seek justice had been made in the UN, adding that the ICC’s arrest warrants were “legal facts” which “cannot go away”.

The court is accusing Gaddafi of crimes against humanity and of ordering attacks on civilians during an uprising against him held in February of this year.  As a result of the orders issued by Gaddafi, thousands of civilians are believed to have been killed in the attacks.

ICC presiding judge Sanji Monageng said there were “reasonable grounds to believe” that Gaddafi and his son were “criminally responsible as indirect co-perpetrators” for the persecution and murder of civilians in Libya.

“We are extremely happy that the whole world has united in prosecuting Gaddafi for the crimes he has committed,” rebel council spokesman Jalal al-Galal told Reuters news agency from the rebel stronghold Benghazi. “The people feel vindicated by such a response.”

Libya has not accepted the ICC’s decision to call for Gaddafi’s arrest.

Mohammad al-Qamoodi told a Tripoli news conference the court was “a tool of the Western world to prosecute leaders in the third world”.

He added: “The leader of the revolution and his son do not hold any official position in the Libyan government and therefore they have no connection to the claims of the ICC against them.”

For more information please see:

Guardian – Gaddafi can’t be left in Libya, says international criminal court – 26 July 2011

Huffington Post – The Prosecutor v. Muammar Gaddafi — and a Step Closer to Justice – 26 July 2011

BBC – Libya rejects ICC arrest warrant for Muammar Gaddafi – 28 June 2011

Herald Sun – Libya rejects ICC’s arrest warrant for Muammar Gaddafi – June 27 2011

Syrian Death Toll Sparks Condemnation and Foretells Future Violence

By Tyler Yates
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — To the utter shock and repulsion of much of the world, other Arab nations included, the bloody onslaught against Syrian protesters by the Syrian government continues to grow.

Syrian civilians attempt to avoid gunfire in Hama (Photo courtesy of the Los Angeles Times/Reuters TV).
Syrian civilians attempt to avoid gunfire in Hama (Photo courtesy of the Los Angeles Times/Reuters TV).

On Sunday approximately 102 people were killed throughout Syria, 76 of them from the city of Hama.  Rights activists report that the Syrian military brought a tank-based assault that included large amounts of shelling, which caused the fatalities.

The troops were not able to reach the city center, which has been under the control of protesters since mid-March, a fact that has made Hama a beacon of hope to the anti-government movement.

Hama is also of historical note due to its role in previous violent governmental attacks.  It was the site of the infamous 1982 massacre in which the military of then President Hafez al-Assad, father of current President Basar Assad, crushed an uprising by killing over 10,000 people.

This history has created a resiliency in the residents of Hama, a resiliency that has shown itself during the many months of this current uprising against Assad’s authoritarian regime, and one that may be partly responsible for the ramping up of violence by the government against the protesters.

Monday marked the beginning of Ramadan, the Muslim holy month.  Some hoped that its coming would put a halt to the violence, but that doesn’t appear to be the case.  At least 9 people were killed throughout Syria on the first day of Ramadan, and military movements suggest that there is more to come.

Ramadan could be a critical period for the Syrian protests.  It is traditional for Muslims to gather outside for nighttime prayer during the holy month, and protesters are planning to shift their rallies around this schedule.  In response to this threat the government has already begun stepping up its mass arrests of protesters.

Rami Nakhle, a Syrian activist, says that the protesters have “burned their boots,” an Arabic saying that means there is no going back.  He fears that if they stop now the military will arrest every activist in Syria.  They can either win or sacrifice all those who are fighting.

Arabs around the world are reacting strongly against Assad’s brutal attacks, but most Arab governments have remained silent.  This is likely because they do not wish to stir up trouble in their own backyards, fearing the power of the protest, a fear that does have some basis in fact.  The United States and European Union have also condemned the attacks, but any Western involvement is both unlikely and imprudent due to its current campaigns in Libya against Muammar Qaddafi.

Despite the nearly universal condemnation of Assad’s actions there appears little want to apply pressure to his ousting as president.  The international community is concerned that his departure could leave a power vacuum in Syria, triggering nationwide instability and civil war.

For more information, please see:

Boston Globe — Syria steps up attacks, seeking to crush revolt in city of Hama — 2 Aug 2011

NPR — Syrian Opposition Echoes Cry for Liberty or Death — 2 Aug 2011

Al Jazeera — No Ramadan respite for Syrian protesters — 1 Aug 2011

New York Times — In Middle East, a Restive First Day of Ramadan — 1 Aug 2011

Reuters — Arabs angry over Syria crackdown but governments silent — 1 Aug 2011

Political Asylum Denied More Frequently in El Paso

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – A report this week shows disturbing numbers regarding political asylum petitions in the United States.  Specifically, two El Paso judges have denial rates well above the national average.  The El Paso, Texas location deals mostly with immigrants seeking asylum from Mexico or Central America locations.

Mexican journalist Emilio Gutierrez in New Mexico in 2010. (Image courtesy of New York Times)
Mexican journalist Emilio Gutierrez in New Mexico in 2010. (Image courtesy of New York Times)

The Transactional Records Access Clearinghouse (“TRAC”) is a non-partisan center based at Syracuse University.  The TRAC reports on the enforcement activities of the federal government, according to The Texas Tribune.  This most recent report found that the national average for judges who have heard 100 cases or more is a denial rate of 53.2%.  Judges William L. Abbott and Thomas C. Roepke however, have denied political asylum to 83.3% of their combined 346 cases.

Furthermore, the TRAC study notes, “the unusual persistence of these disparities – no matter how the asylum cases are examined – indicates that the identity of the judge who handles a particular matter often is more important than the underlying facts,” according to The Washington Independent.

According to The El Paso Times, in order to obtain political asylum, a person must show a well-founded fear of persecution based on his or her race, religion, nationality, or political opinion.

Mexican journalist Emilio Gutierrez fled Chihuahua, Mexico after receiving threats from the Mexican military.  He believes that if he and his teenage son return to Mexico, it is a certain death sentence, as reported by The Texas Tribune.  Gutierrez’s attorney, Carlos Spector is aware of the problems with the asylum process.

“There is a political predisposition by the judges to deny Mexican asylum claims for political and policy reasons,” Spector told The Texas Tribune.  Another immigration attorney, Jacqueline L. Watson told the Texas Tribune that it is difficult to convince judges that there is an imminent threat to life or liberty.

However, Mexico certainly has a long history of terrible human rights abuses.  Many judges deny political asylum citing the fact that things are supposedly getting better in Mexico.  “Tell them to go live in Juarez to see if it’s getting better,” Gutierrez told The Texas Tribune

The Washington Independent reports that many judges deny asylum specifically to Mexican immigrants because the United States has already provided political and financial backing to help fight drug cartels.  Granting political asylum could harm relations, suggesting that the [Mexican] government could not protect its own citizens.

The Syracuse report further noted that the system is overwhelmed causing major delays in the asylum process.  Consequently, Gutierrez’s case has been postponed until May 2012.

For more information, please visit:

Hispanically Speaking News — Immigration Judges at Border Have Higher Rate of Denying Asylum Petitions — 1 Aug. 2011

The Washington Independent — El Paso Immigration Judges Deny Asylum Requests at Higher Rate Than National Average, Finds Report — 1 Aug. 2011

El Paso Times — Law Inhibits Many Mexican Asylum Cases — 31 July 2011

The Texas Tribune — Border Asylum Judges Deny Most Petitions — 31 July 2011

War Crimes Prosecution Watch Vol. 6 Issue 9–1 August 2011

Vol. 6, Issue 9 — August 1, 2011

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

EUROPE

European Court of Human Rights

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

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

TOPICS

Terrorism

Piracy

Universal Jurisdiction

WORTH READING

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. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.