Dutch Court Rules Netherlands Responsible for Deaths of Three Muslim Men during the Srebrenica Massacre

By Ben Kopp
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – The highest Dutch court has declared that the Netherlands must pay compensation to the family of three Muslim men who were executed during the Srebrenica massacre.

 

Approximately 8000 Muslim men and boys were executed in the 1995 Srebrenica massacre. (Photo courtesy of CNN International)

On 11 July 1995, Bosnian Serb forces overran an area near a United Nations compound, which a Dutch battalion of U.N. peacekeepers (“Dutchbat”) controlled. Among the thousands who sought shelter at the compound, Dutchbat turned away three Muslim men after Bosnian Serb forces had been witnessed abusing and killing several Muslims outside the safe area of the compound.

In all, 8000 men and boys were killed and buried in mass graves. The atrocity has been called “the worst massacre on European soil since the Second World War.”

Hasan Nuhanovic and Rizo Mustafic, relatives of the three men, filed suit against the Dutch state, which accepts “political responsibility” for the mission’s failure and claims that responsibility for the massacre lays with the Bosnian Serbs. Pending appeal to Holland’s Supreme Court, the Hague appeals court ordered the Dutch to compensate the men’s relatives.

On 6 September 2013, the Dutch Supreme Court issued a final decision that ordered the Netherlands to compensate relatives of those men. In so doing, the decision confirms precedent stating that “countries providing troops to U.N. missions can be held responsible” for the troops’ conduct. Additionally, the decision enables other victims’ families to seek compensation from the Dutch.

The ruling stated that “Dutchbat decided not to evacuate them along with the battalion and instead sent them away from the compound. Outside the compound, they were murdered by the Bosnian-Serb army or related paramilitary groups.”

“People participating in U.N. missions are not always covered by the UN flag,” said Liesbeth Zegveld, the human rights lawyer who represented the Bosnian families. She added that the case is historic because countries can now be held criminally liable for their actions in U.N. missions, despite the U.N.’s immunity from prosecution.

“I was thinking about my family, they are dead for 18 years,” Nuhanovic said. “It does not change that, but maybe there is some justice. It should have happened years ago. In the future countries might act differently in peacekeeping missions and I hope the lives of other people in the future will be saved because this mistake was admitted.”

To preserve justice and human rights around the world, compensation policies should promote and encourage safeguards to protect innocent people who might otherwise be abused or even murdered. Absent the security of such fundamental safety, we will have fought for nothing.

For further information, please see:

Amnesty International – Netherlands Supreme Court Hands Down Historic Judgment over Srebrenica Genocide – September 6, 2013

BBC –Dutch State Liable for Three Srebrenica Deaths – September 6, 2013

CNN International – Netherlands Liable for Deaths of 3 Muslim Men in Bosnia, Court Says – September 6, 2013

Dutch News – Supreme Court Says NL is Responsible for 3 Srebrenica Deaths – September 6, 2013

The Guardian – Netherlands to Pay Compensation over Srebrenica Massacre – September 6, 2013

Reuters – Dutch State Blamed in Three Srebrenica Deaths: Supreme Court – September 6, 2013

Palestinians Express Frustration with Progress of Peace Talks with Israel

By Kathryn Maureen Ryan
Impunity Watch, Middle East

RAMALLAH, West Bank — A Palestinian official told the Associated Press on Wednesday that the Palestinian Authority is frustrated with the progress made so far in its peace talks with Israel, which has proposed to maintain dozens of Jewish Settlement within the West Bank intact and allow the Jewish state to maintain its military bases in the Palestinian territory.

Police arrested fifteen demonstrators at al-Aqsa mosque in East Jerusalem. (Photo courtesy of Al Jazeera)

The Palestinian official argued that “Israel is using the issue of security to take land. From the general discussions we had in the last couple of weeks, the Israelis have shown no intention to dismantle any settlement.” He argued that the current proposals indicated that Israel would seek to retain control over about 40% of the West Bank, much more than the 2008 proposal made under Prime Minister Ehud Olmert. In those talks Israel offered a complete withdrawal from roughly 94% of the West Bank, and offered a “land swap” for the remaining 6%.

In a statement made for Rosh Hashanah, the Jewish New Year, which began Wednesday evening, Israeli Prime Minister Benjamin Netanyahu expressed his hope that the ongoing peace talks will be successful. Netanyahu said, “We want a real, genuine and enduring peace and this must be anchored in recognition of Israel as a Jewish state and in our security. This is what ultimately is needed.”

However, Yasser Abed Rabbo, a top aide to Palestinian President Mahmoud Abbas, expressed frustration with the talks in an interview for the Voice of Palestine radio station. He said, “Until now, there are no signs of progress. The Israeli position has not changed. It’s the one that we know on the ground, through daily settlement expansion.” Rabbo said the United States must put pressure on Israel to end the expansion of settlements; he said that without this, “there will be no progress.”

The frustration felt by Palestinians over the progress of the talks so far has resulted in demonstrations in Jerusalem’s Old city, which have led to clashes with police.

On Wednesday, Israeli police arrested seven Palestinian demonstrators in Jerusalem’s Old City after the protesters allegedly threw stones at police officers. Israeli security forces had increased their presence in the area for Rosh Hashanah.

Micky Rosenfeld, a police spokesman, said the clashes erupted after about 300 Palestinian demonstrators attempted to block worshipers from reaching the Temple Mount compound. The site is considered holy to both Jewish and Muslim worshipers. Temple Mount is the holiest site in Judaism. The compound is known to Muslims as the “Noble Sanctuary,” it is Islam’s third-holiest site. The demonstrators were masked and began to throw stones at visitors which prompted police forces to move in.

On Wednesday, the protesters sought refuge from security forces inside Al Aqsa Mosque. The security forces did not enter the mosque that day and no one was injured. However, on Friday Israeli police fired stun grenades to disperse Palestinian worshipers who allegedly threw rocks at police after Friday prayers at the Al Aqsa Mosque compound. According Rosenfeld, two Israeli policemen suffered minor injuries during the incident.

For more information, please see:

Al Jazeera –  Israeli Forces Surround Al-Aqsa Mosque – 6 September 2013

Al Jazeera –  Israeli Police Clash with Palestinians – 6 September 2013

Reuters – Israeli Police, Palestinians Clash At Jerusalem Holy Site – 6 September 2013

 Boston Harold – AP EXCLUSIVE: Israeli Proposal Detailed In Talks – 4 September 2013

Washington Post – AP EXCLUSIVE: Palestinian Says Israeli Peace Talk Offer Sees Settlements, Bases in West Bank – 4 September 2013

Indonesian Soldiers Jailed for Revenge Killing

By Kevin M. Mathewson
Impunity Watch Reporter, Asia

YOGYAKARTA, Indonesia — An Indonesian military tribunal Thursday jailed eight Special Forces soldiers after they were found guilty of premeditated murder and assisting pre-mediated murder.  In March the soldiers stormed a prison near Yogyakarta and murdered four inmates accused of murdering their superior officer in a nightclub brawl.

The three ringleaders have said they will appeal against the verdict. (Photo courtesy of BBC News)

Second Sergeant Sugeng Sumariyanto and First Corporal Kodik were sentenced to eight and six years, respectively. Second Sergeant Ucok Tampubolon, the soldier who pulled the trigger, was sentenced to eleven years.

Lawyers for the three solider said they will appeal against their convictions and argued there is no evidence that the crime was planned.

President Judge Joko Sasmito said the men have tarnished the army’s honor with their actions. The case has been followed closely in Indonesia where human rights groups say the army is notorious for acting with impunity.

“The defendants actions cost the lives of four people, caused grief to the victims’ families and traumatised  [sic] many people, including the prisoners.” Chief judge Lieutenant Colonel Joko Samito said.

Five other soldiers were found guilty of assisting pre-mediated murder after they destroyed CCTV footage inside the prison where the murders took place.  They were subsequently sentenced to one year and nine months in jail each.

The revenge killings have sparked a public outcry after they have evoked memories of the three decade dictatorship of Suharto, when the army often acted without consequence.

Indonesian Human Rights Monitor executive director Poengky Indart, criticized the sentences as not harsh enough. Indart said the case should have been tried by a civilian’s court, where the soldiers would have likely received longer punishments.

“The military tribunal is a nest of impunity. We must revise current laws so military personnel can be tried in civilian courts.” Indart stated.

The case, however, has exposed deep divisions in the young democracy, with some supporting the soldiers for acting decisively against criminals, saying it was a stark contrast to the weak civilian courts and police.

As the soldiers waited to hear their fate, scores of supporters in paramilitary uniforms rallied outside the court in Yogyakarta.

For further information, please see:

Australia Network News – Indonesian Kopassus special forces soldiers to appeal against convictions for deadly raid on Cebongan prison – 6 September 2013

BBC News – Indonesia jails eight soldiers over Yogyakarta prison killings – 5 September 2013

MSN News – Indonesian elite soldiers jailed over prison murders – 5 September 2013

Voice of America – Indonesian Soldiers Sentenced for Prison Murders – 5 September 2013

Straits Times – Indonesia jails 4 more elite soldiers over prison revenge killings – 5 September 2013

US Diplomats Ordered to Leave Lebanon

By Brandon Cottrell 
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – Amid concerns that the allies of the Syrian government could possibly strike American targets, the U.S. State Department ordered that all nonessential diplomats and their families leave Lebanon.  The State Department also suggested that diplomats at the American Consulate in southern Turkey leave the area.

A Lebanese protestor, with hands painted red, at a demonstration against a U.S. strike against Syria, near the US Embassy. (Photo Courtesy CP24)

Additionally, the State Department issued travel warnings, urging Americans to avoid Pakistan, Turkey, and Lebanon.  These warnings and orders come less than a month after the U.S. closed nineteen embassies and consulates across Africa and the Middle East for a week because of terror threats.

Earlier this week, the State Department also issued a warning that urged Americans to avoid Iraq, as terrorist activity and violence “are at levels unseen since 2008.”  Consequentially, there is a high risk that Americans in Iraq could be kidnapped or subject to terrorist violence.  It has also been reported that the United States intercepted a message sent from Iran to militants in Iraq with instructions to attack U.S. interests in Baghdad if the U.S. launches a strike in Syria.

Though the State Department stated that the warnings were issued only “because of current safety and security concerns,” most believe that the warning reflects a growing concern that Syrian allies will either carry out or support terrorist attacks on the United States.

Hezbollah, a Syrian ally and Iranian supported group, is based in Lebanon and maintains a strong presence in Beirut.  Not only has Hezbollah sent fighters into Syria, but they are also involved in sporadic violence in many areas of Lebanon.

Acknowledging the threat Hezbollah creates, the US Embassy Beirut issued the following statement, “The potential in Lebanon for a spontaneous upsurge in violence remains.  Lebanese government authorities are not able to guarantee protection for citizens or visitors . . . should violence erupt suddenly. Access [out of Lebanon] can be interrupted with little or no warning [and] public demonstrations occur frequently with little warning and have the potential to become violent.”

As if on cue, shortly after the State Department issued its warnings and orders, 150 protestors gathered near the U.S. Embassy Beirut.  The protestors carried signs that read “No to War” and painted their hands red to symbolize blood.  With police in riot gear standing guard the protest remained peaceful.

Secretary of State John Kerry has since left for Europe, where he will confer with leaders from France, Britain and the Arab League to discuss current Middle East issues.

 

For further information, please see:

ABC – US Orders Diplomats Out Of Lebanon – 6 September 2013

CNBC – US Orders Nonessential Diplomats Out Of Lebanon – 6 September 2013

KY3 – U.S. Tightens Embassy Security In Lebanon And Turkey, Warns Americans – 6 September 2013

New York Times – U.S. Orders Nonessential Diplomats to Leave Lebanon – 6 September 2013

Central African Republic Moves to Disarm Rebel Fighters

By Erica Smith
Impunity Watch Reporter, Africa

BANGUI, Central African Republic — As violence in the Central African Republic (CAR) mounts the government announced Wednesday that it will launch a campaign to disarm Seleka rebel fighters who overthrew the president in March.

A young Seleka rebel in front of the presidential palace after the March Coup ( Photo courtesy of Sia Kambou/AFP/Getty Images)

Minister of Public Security Jose Binoua announced the campaign in response to the growing concern over a surge in robberies, rapes, and murders throughout  the country. The campaign will focus on the capital Bangui around six designated military barracks where Seleka fighters will be given a location to hand in their weapons.  The city limits will be closed to cars for the duration of the program which is expected to last ten days.

The campaign is being carried out by the police in conjunction with Seleka leaders and the CAR military. A previous two month disarmament campaign led by the African regional force FOMAC had little success in decreasing the number of weapons in the streets.

There is a growing fear the the CAR will become a failed state. Prof. Emmanuel Yenshu Vubo, a political science lecturer at the University of Buea, Cameroon, told the Cameroon Tribune that the situation in the CAR is “a result of long standing instability in the country and the tacit understanding among Central African Republic elite that the force of arms can be a mode of getting to power. We can add the fact that the major international actors have been either accomplices or have actively supported the situation.” Yenshu Vubo went on to explain that the history of the CAR is one marked with continual military takeovers and the present leaders are unequipped to deal with the humanitarian problems the country now faces.

Even as the security situation in the country deteriorates the UN food agency is scaling up its operations to ensure that displaced persons will have food.  Humanitarian agencies are increasingly becoming a target for looting. There is also a concern that food and supplies will be harder to get into the country since Cameroon has closed its border with CAR after Seleka rebels attacked and killed a border guard.

For further information, please see:

All Africa — Central African Republic: Govt Moves to Disarm Rebel Fighters, Halt Violence — 4 September 2013

All Africa — Central African Republic: Tell-Tale Signs of Breakdown — 2 September 2013

All Africa — Central African Republic: ‘CAR Has Never Known Political Consensus’ — 2 September 2013

UN News Centre — Central African Republic: UN food relief agency scaling-up operations despite deteriorating security — 30 August 2013