Syria Justice and Accountability Centre: The Role of Civil Society in Ceasefire Monitoring

Since the UN Security Council endorsed the United States and Russia’s Joint Statement on the Cessation of Hostilities in Syria on February 26, civilian deaths and violence appear to have decreased substantially. Although reports of violence have been reported, it has been difficult to assess how many of the reports are credible ceasefire violations due to the agreement’s lack of clarity on monitoring mechanisms.  

Ceasefire agreements should generally include strong provisions on how to monitor compliance. In the context of civil war, however, there is no standardized best practice for monitoring, and mechanisms vary greatly from country to country. Lessons from other contexts would suggest that when the monitoring is well-planned and civil society is incorporated into the design of the monitoring mechanism, the ceasefire is more likely to hold. Syria’s ceasefire agreement is quite flimsy on this point and alludes only briefly to monitoring, suggesting that the parties develop a mechanism that includes a communication hotline and, if appropriate, “a working group to exchange relevant information.” It does not describe a method for civil society contributions or a process for investigation and verification of violation claims.

As a result, individuals and groups have set up ad hoc mechanisms for monitoring through social media and websites in order to collect information on incidents that might amount to ceasefire violations. The US State Department has also established a hotline that Syrians can call to report violations. The result of this information-gathering is unclear and neither Russia nor the United States has confirmed or denied that violations have occurred, leading to growing frustration that the violators can act without rebuke. An international or joint Russia-US monitoring mechanism to investigate and verify claims could work to give Syrians a sense that the international backers are taking the agreement seriously.     

Even with a formal mechanism, verification of claims will be difficult because the parties have not agreed to a map of territorial control. The Islamic State of Iraq and al-Sham (ISIS) and Jabhat al-Nusra are exempt from the agreement, so attacks targeting or committed by these two groups are not violations of the ceasefire. Thus, each side can easily justify a violation by claiming that they were merely targeting ISIS or Jabhat al-Nusra. Without an agreement on which groups control what territory, it could be difficult to discredit such justifications.

Since there is no international monitoring presence in Syria, the work of civil society monitoring is even more important. To effectively assist with ceasefire monitoring, civil society can draw on human rights documentation principles. The most important of these principles include accuracy and impartiality. If an organization publicizes information that is proven false or biased, its own reporting will be discredited and civil society’s credibility may be harmed as well. Monitors should also be working transparently in a way that benefits their own communities while improving the security of opposing sides. This is a difficult task due to the deep hatreds that have developed since 2011, but will be necessary to lasting peace. Methods of human rights documentation can also be employed to monitor ceasefires, including the use of photographs, videos, and interviews to document and verify violations. Including metadata can help verify times and locations in pictures and videos that will lend credibility to claims.

Unlike documenting human rights abuses, however, ceasefire violations are not necessarily violations of international humanitarian or human rights law, but rather violations of the ceasefire agreement itself. An incident that is not a violation of humanitarian law might still be a violation of the agreement, depending on the agreement’s provisions. In the Philippines, for example, civilian ceasefire monitors developed Terms of Reference focusing on particular ceasefire-related incidents and their impacts on civilians’ safety and security to guide the monitoring process.  

In addition to ceasefire monitoring, civil society groups can monitor the humanitarian situation to ensure that aid is reaching conflict-affected communities and basic needs are being met. Linking humanitarian aid to ceasefire agreements is essential to the success of ceasefires because the more needs that are met, the more likely Syrians are to commit to peace over renewed fighting. Civil society can also take advantage of the relative calm to educate conflict-affected communities on the peace process and begin the difficult task of building trust across communities to ensure an inclusive process that fosters peace from the ground up.

It is yet to be seen whether the current agreement on Cessation of Hostilities in Syria will have a lasting effect on the conflict. What can be guaranteed, however, is that its impact and long-term success will be greatly increased by a robust monitoring plan that includes civil society.

For more information and to provide feedback, please contact SJAC at info@syriaaccountability.org.

Aung San Suu Kyi Will Not be President, Myanmar’s Parliament Reports

By Christine Khamis

Impunity Watch Reporter, Asia

 

NAYPYIDAW, Myanmar –

The National League for Democracy (NLD) party in Myanmar has announced its presidential candidates. Ms. Suu Kyi, the leader of the NLD, is not being considered for the presidency. However, it is clear that Ms. Suu Kyi still expects to run Myanmar’s government through a proxy president. Ms. Suu Kyi’s aide and close friend, Htin Kyaw, has been named as a presidential candidate and appears to be the most likely to become president.

Mr. Kyaw. (Photo courtesy of BBC News)

Ms. Suu Kyi is unable to become the president due to a constitutional provision prohibiting those with foreign family members from becoming the president. Both of Ms. Suu Kyi’s sons have British citizenship, as did her husband before his death in 1999.

Ms. Suu Kyi attempted to persuade the military to allow the constitutional provision to be overruled, but was unsuccessful. The military holds a guaranteed 25 percent of parliamentary seats and has the power to veto any proposed changes to the constitution.

The NLD, which won the parliamentary election in November 2015, has named Mr. Kyaw as the lower house vice presidential nominee and Henry Van Thio, a member of the parliament, as the upper house vice presidential nominee.

Both houses of the parliament will choose from among the NLD’s candidates and those from other parties. It is likely that the NLD’s candidates will win because the NLD currently holds a majority in both houses of the parliament. A second vote will then take place to decide who will be the president, with a third, military nominated candidate, Khin Aung Myint, entering the race as well. The two unsuccessful candidates will each become vice-presidents.

Myanmar’s new government will take control on April 1. It will be the first freely elected government in over 50 years. The new government will face issues such as civil war with ethnic groups, poor economic growth, and discrimination against Myanmar’s Muslim Minority, the Rohingya.

For more information, please see:

BBC News – Myanmar Begins Presidential Selection as Aung San Suu Kyi Ruled Out – 10 March 2016

CNN – Aung San Suu Kyi Confidante Htin Kyaw Likely to Become Myanmar’s Next Leader – 10 March 2016

The Guardian – Aung San Suu Kyi Will Not be President of Myanmar, Parliament Confirms – 10 March 2016

The New York Times – Aung San Suu Kyi Finds Roadblocks on Path to Presidency – 7 March 2016

 

Trump Asserts Military Could Undertake War Crimes Under his Command

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — During last Thursday’s Republican Primary Presidential Debate, front-runner Donald Trump suggested under his command, activities which have been classified by the international community as war crimes could be ordered under his presidency. Since that time, the Republican candidate has since retracted his position; however, Mr. Trump still vowed to use every legal power available to the president, raising the issue of what actions would be considered legal.

Trump suggests Military will do what he tells them to do. (Photo Courtesy of CBS Philly)

The president can never tell or encourage an officer to blatantly violate clear-cut law.

Among the indicated actions Mr. Trump originally suggested were waterboarding, torture, and the killing of the families of terrorists. Following the debate, in an interview with the Wall Street Journal, Mr. Trump acknowledged there would have to be limits to the actions he could order.

“The United States is bound by laws and treaties and I will not order our military or other officials to violate those laws and will seek their advice on such matters,” Trump told the WSJ. “I will not order a military officer to disobey the law. It is clear that as president I will be bound by laws just like all Americans and I will meet those responsibilities.”

Mr. Trump’s original position had drawn sharp criticism from military and legal experts, suggesting that his policies on the treatment of terrorism suspects and the killing of families would violate the Geneva Convention. The U.S. military has been trained for decades that torture and retaliatory executions both constitute war crimes under international law.

Former Director of the NSA and CIA Michael Hayden dismissed the remarks originally made by Mr. Trump, stating that: “The armed forces of the United States will not carry out orders that are so obviously illegal and in violation of the laws of armed conflict. Their oath to themselves, their families, their country and their God would prevent them from doing that.”

The Uniform Code of Military Justice makes it clear that no member of the military is to knowingly break the law, and that they cannot be prosecuted for failing to follow through on an unlawful order. In addition, the trials at Nuremberg and the judicial proceedings following the My Lai massacre in Vietnam set a clear standard for complicity, namely that soldiers cannot rely on ‘following orders’ as a defense for their actions.

Given the inherent complexities which have arisen between the three branches of government, what constitutes unlawful orders and clear violations remains as complicated as the actions themselves. However, the overwhelming sentiment has been that the actions suggested by Mr. Trump would not be carried out by members of the Armed Forces.

As indicated in his interview, Michael Hayden said that “if he were to order that [the actions suggested in his GOP Debate speech] once in government, the American armed forces would refuse to act.”

For more information, please see:

The Times of Israel – US ex-defense chief: Trump’s anti-terror plan could bring Nuremberg-like trials – 5 March 2016

CBS Philadelphia – General Michael Hayden: Military Will Not Commit War Crimes – 4 March 2015

INQUISITR – ‘If I Say Do It, They’re Going To Do It’: Donald Trump Says He Would Force U.S. Military To Commit War Crimes At GOP Debate – 4 March 2016

Military Times – Trump says he won’t make troops commit war crimes – 4 March 2016

Reason.com – Donald Trump Walks Back His Pro-War Crimes Stance – 4 March 2016

US News & World Report – Could Trump Legally Order War Crimes? Maybe – 4 March 2016

ICTJ | In Focus: Algerian Women Speak of Their Search for the Disappeared

In Focus

“Only Truth Could Heal This Pain”: Algerian Women Speak of Their Search for the Disappeared

For more than two decades, some 40 women have been protesting every Wednesday against government inaction on the disappeared in front of Algeria’s official human rights commission. They stand on the sidewalk holding photos of their disappeared relatives — their children, fathers, and husbands — breaking the silence at a dangerous time in Algeria.

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Other News

Without Addressing Women’s Security, We Can’t Hope for Equality

On International Women’s Day, ICTJ Gender Justice Senior Associate Amrita Kapur highlights how insecurity affects women and is key to overcoming inequality across all dimensions of empowerment. “Without including institutional reform, we are condemning women to another century of inequality,” she writes in this op-ed.

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Photos by Youth on the Scars of the Lebanon War Spark Debate at Exhibit Opening

Earlier this month, the International Center for Transitional Justice (ICTJ) and its partners opened a two-week photo exhibit at the American University of Beirut’s Jafet Library, featuring vivid and often deeply personal photographs submitted for its “The War As I See It” youth photo contest. Students, professors, experts, and journalists packed into the library space lined with the 26 photographs in oversized frames.

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Publications

More Than Words: Apologies as a Form of Reparation

This report explores many of the issues and challenges likely to be faced by those considering a public apology as a form of reparation for victims of serious human rights violations.

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Education and Transitional Justice: Opportunities and Challenges for Peacebuilding

This report, part of a joint research project by ICTJ and UNICEF on the intersections of education, transitional justice, and peacebuilding, explores how a transitional justice framework can help to identify educational deficits relating to the logic of past conflict and/or repression and inform the reconstruction of the education sector.

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More Publications

Upcoming Events

March 09, 2016

Special Oxford Panel: “Who’s Calling the Shots in International Criminal Justice”

Location: Oxford, England

View Details

April 22, 2016

Facing a Violent Past: Dealing with History and Memory in Conflict Resolution

Location: Arlington, VA

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More Events

Lula Questioned, Detained in Petrobras Investigation

By Kaitlyn Degnan
Impunity Watch Reporter, South America

SAO PAULO, Brazil — Former Brazilian President Luiz Inácio Lula da Silva was questioned on Friday as part of “Operation Car Wash,” the official investigation into the Petrobras scandal. Known around the world as “Lula,” he served as Brazil’s president from 2003 to 2010 and is widely credited with Brazil’s emergence as an international power. He is considered by many to be Brazil’s most popular president.

Lula and President Rousseff the day after Lula’s detention by police. (Photo courtesy of Bloomberg Business).

The Petrobras scandal was born of an inquiry into bribes at the state-run oil firm. However, the investigation was widened to include high ranking members of Brazil’s ruling Workers’ Party. There is evidence that “scores of politicians and business executives” stole money from Petrobras. Those under investigation are suspected of overcharging Petrobras contracts. The money is thought to have been put towards Workers’ Party electoral campaigns.

Lula was detained and his home raided on Friday morning. His institute in Sao Paulo, and his wife and sons were also targeted in the investigation. Lula was released a few hours later. When speaking with supporters after his release, Lula said that he “deserved respect” and that the investigators were “disrespectful of democracy.”

Police allege that Lula took money from the Petrobras kickback scheme and laundered it through real-estate assets and his institute.

The detention sparked widespread criticism – even from those who supported his questioning, and sparked several clashes outside of Lula’s home in Sao Bernardo do Campo on Friday.

On Saturday, Lula supporters gathered outside of his home, chanting, “if you mess with him, you mess with me.” Brazilian President Dilma Rousseff also travelled to Saw Bernardo do Campo to meet with Lula in his home on Saturday, in show of solidarity after his “unnecessary” detention.  Both Lula and President Rousseff have denied involvement in the Petrobras scandal. President Rousseff’s popularity has severely declined since the investigations began, and she may be facing impeachment.

Despite criticism, prosecutors stand by the questioning, saying that that Lula “holds no power that puts him beyond the reach of the Car Wash investigation.” The investigation has called both Lula’s political future and his legacy into question.

 

For more information, please see:

BBC – Brazil Petrobras scandal: Former president Lula questioned – 4 March 2016

Latin America News Dispatch – Brazil Ex-President Lula Questioned in Corruption Case – 4 March 2016

New York Times – Brazil’s Ex-Leader, Luiz Inácio Lula da Silva, Is Held and His Home Raided – 4 March 2016 

New York Times – Snapshot of Brazil’s Web of Scandal – 4 March 2016

Agence France-Presse – Brazil’s corruption scandal anger spills onto street – 5 March 2016

Associated Press – Crowds cheer Brazilian ex-president after being grilled by police – 5 March 2016

Bloomberg Business – Rousseff Visits Lula as Brazil Supporters Stage Solidarity Vigil – 5 March 2016

Reuters – Brazil top judges back graft probe despite concern over Lula’s detention – 6 March 2016