War Crimes Prosecution Watch Volume 11, Issue 2 – April 4, 2016

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. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Darfur, Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Mali

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

EAST AFRICA

Uganda

Kenya

Libya

Rwanda (International Criminal Tribunal for Rwanda)

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Special Report

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

AMERICAS

North & Central America

South America

TOPICS

TRUTH AND RECONCILIATION COMMISSION

TERRORISM

PIRACY

GENDER-BASED VIOLENCE

COMMENTARY AND PERSPECTIVES

Australia Announces All Mainland Asylum-Seeking Children Freed from Detention

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

BRISBANE, Australia — Over the weekend, the Australian government confirmed that all the asylum-seeking children that were being held in mainland immigration centers across the country had been released. However, this appears only to be possible as the government has reclassified sections of detention centers as “community detention” in order to be able to claim that all children have been released from immigration detention.

Demonstrators Protest Outside MP Dutton’s Office in Brisbane. (Photo Courtesy of BBC News)

Following a High Court decision earlier this year, approximately 90 children currently in Australia are due to be sent to Nauru.

Under its strict anti-immigration policy, Australia currently detains all asylum seekers arriving by boat, holding them in detention camps in Nauru and New Guinea. Over the past year, as the number of refugees fleeing conflict-hit zones in the Middle East has surged, the Australian government has increasingly faced severe criticism from several human rights groups over the conditions in these detention camps.

Australian Immigration Minister Peter Dutton over the weekend in Brisbane told reporters, “Today we have no children of boats in detention, and that is a significant achievement of this government.” “It’s been almost a decade since there were no children in detention,” Dutton added.

Specifically, officials in Australia say the last group of children ranged from a baby to a 17-year-old. According to SBS, Mr. Dutton said the last few children’s cases had been complicated because they involved one parent being subject to a negative security assessment from the national spy agency, but the whole family had been in detention so they wouldn’t be separated.

As for the status of the children, Mr Dutton told the ABC the Government’s policy had not changed in relation to the children, who are currently in Australia either for medical treatment or accompanying a family member to hospital.

“They are all subject to go back to Nauru once medical support has been provided and we’ve been very clear about that,” he said.

Natasha Blucher, from the Darwin Asylum Seeker Support and Advocacy Network, expressed doubt and caution over the government’s announcement. “Because of the way the law is set up, because of Australia’s policy, and because of the children’s date of arrival in Australia, they’re not eligible to apply for protection in Australia, so they do remain essentially in limbo until we see a change of legislation and a change of our policy.”

In a report published last February, Australia’s Human Rights Commission said that hundreds of refugee children were suffering from severe mental illness as a result of prolonged detention at these offshore processing camps.

Under its strict anti-immigration policy, Australia currently detains all asylum seekers arriving by boat, holding them in detention camps in Nauru and New Guinea.

 

For more information, please see:

ABC News (AU) – About 90 asylum seeker children in Australia to be returned to Nauru, Peter Dutton confirms – 3 April 2016

BBC News – Australia asylum: Children held on mainland freed – 3 April 2016

IB Times – Australia Says All Asylum-Seeker Children In Mainland Detention Centers Have Been Released – 3 April 2016

NEWS.com (AU) – No more asylum seeker children in Australian detention – 3 April 2016

SBS News – No migrant kids detained on Aust mainland – 3 April 2016

Sky News AU – No asylum seeker children left in detention – 3 April 2016

The Guardian – Asylum seeker children still in detention despite claims all have been released – 2 April 2016

Dozens Killed in a Suicide Bomber Attack at an Iraqi Stadium

By Brittani Howell

Impunity Watch Reporter, The Middle East

BAGHDAD, Iraq – On Friday, a suicide bomber detonated an explosive belt at a soccer game killing at least 41 people in a town south of Baghdad. Islamic State militants claimed responsibility for the attack, according to a statement issued by its news agency al-Amaq.

Friends and relatives mourn during the funeral of some of the victims from the suicide bomb attack. (Photo courtesy of the Washington Post)

The attack which wounded 105 people occurred in the town of Iskandariyah in the Babil province struck a crowd gathering for a game between two local teams. The game was sponsored by Asaib Ahl al-Hag, a powerful Shi’ite militia with ties to Iran. A trophy was being presented to the winning team of the match when the bomb detonated.

Among those killed was the head of the local council and also injured two senior local figures of Asaib Ahl al-Haq according to the head of the local security, Falah Abdul Kareem. Sheik Jawad, the head of the Asaib Ahl al-Haq office in Babil Province, stated, ” The attack was carried to destabilize the confidence between the people and Asaib, to take revenge against us after our victories.”

The U.N Secretary-General for Iraq, Jan Kubis, condemned the attack carried out by the Islamic State. He stated, “The evildoers are aiming their wrath at the innocent and vulnerable civilians.” Kubis continued, “Today, Daesh committed yet another atrocity, targeting families who were enjoying their weekend attending a football game in their hometown. This abhorrent act deserves the strongest condemnation.”

The director of the U.S State Departments office of Press Relations Elizabeth Trudeau, provided a statement speaking against the attack, ” The United States condemns today’s suicide bombing claimed by Daesh… which killed and wounded dozens of Iraqis who had gathered to support a local football game.”

The Islamic State’s news agency, Amaq News Agency, reported that more than 60 people died and more than 100 people were wounded. They also reported that the bombing name was Saifullah al-Ansari, allegedly a fake name, and indicated that he was a local Iraqi or Syrian member. The news agency also provided the statement from Islamic State which stated, “Our knight immersed into their crowds until he detonated his belt, turning them into scattered parts.”

Earlier this month at least 33 people were killed and another 15 were wounded in a suicide bombing in Hilla in the Babil province. The Islamic State also claimed responsibility for this attack and stated, “the battle has just started and the coming will be worse.” This attack came just one week after two suicide bombings which targeted Shi’ite areas of Baghdad and killed over 100 people.

For more information, please see:

CNN – ISIS Claims Suicide Attack on Iraqi Stadium That Kills 33 – 26 March 2016

The Washington Post – Islamic State Suicide Bomber Kills Dozens at a Stadium south of Baghdad – 26 March 2016

BBC News – Iraq Violence: ‘IS Suicide Attack’ Kills 29 in Football Match – 25 March 2016

The New York Times – ISIS Suicide Bomber in Iraq Kills Dozens at Soccer Game – 25 March 2016

Fifth Anniversary of Syrian Conflict, UN Urges for Support

By Brittani Howell

Impunity Watch Reporter, The Middle East

DAMASCUS, Syria –March 15, 2016 marked the fifth anniversary of the Syrian Civil War. The Syrian conflict has caused the deaths of over 250,000 people, has displaced 4.8 million from their homes to other countries, has internally displaced another 6.5 million from their homes, and has left 13.5 million people in need of humanitarian assistance.

On February 2, 2015 an injured child waits for treatment at a makeshift hospital after airstrikes hit in a rebel-held area of Duma.(Photo courtesy of the Los Angeles Times)

The United Nations High Commissioner for Refugees, Filippo Grandi stated, “Syria is the biggest humanitarian and refugee crisis of our time, a continuing cause of suffering for millions which should be garnering a grounds well of support around the world.” He further stated that more countries need to take a greater share in providing for refugees until the suffering in Syria ends.

Many European countries have imposed border and entry restrictions, making it even more difficult for those left in Syria to leave. This has also put a burden on countries neighboring Syria and refugees in the neighboring countries are taking greater risks to get to Europe. Other refugees in countries neighboring Syria are resorting to dangerous methods of survival, such as early marriage, child labor, or sexual exploitation,

“We are at a cross roads now as we mark another sad milestone in Syria’s war. If the world fails to work together due to short-term interests, lack of courage and knee jerk reactions to shift the burden elsewhere, we will look back carefully on this lost opportunity to act with solidarity and shared humanity”, Grandi stated.

Numerous war crimes as well as crimes against humanity have been committed since the start of the conflict. These crimes include the use of toxic chemical weapons, including nerve agents and chlorine, indiscriminate weapons such as barrel bombs, executions, torture, sexual violence, sex slavery, and siege. Experts are calling for the international community to begin planning for revisions for Syrian civilians.

David Crane, Founding Chief Prosecutor of the Special Court for Sierra Leone and Project Leader for the Syrian Accountability Project states in the Huffington Post article that “there are four possible transitional justice mechanisms for Syria that could be organized by the U.N. outside the Security Council: a fully domestic Syrian court; an internationalized domestic court; a regional special court; or an international hybrid Special Court, similar to the Special Court for Sierra Leone.”

Crane notes that under international law, war crimes and crimes against humanity are covered under the 1998 Rome Statue of the International Criminal Court but Syria is not a signatory, thus the ICC has non direct jurisdiction. The U.N Security Council has attempted to adopt a resolution that would refer the situation in Syria to the ICC but this has been opposed by both Russia and China, permanent members with veto powers.

The United Nations Secretary General Ban Ki-moon stated, “I repeat my call to the Security Council to refer the situation in Syria to the International Crime Court.” He continued, ” In Syria as elsewhere, peace without justice is not sustainable.”

A student run project at Syracuse University College of Law, the Syrian Accountability Project, has been documenting atrocities that have occurred in Syria in preparation for whatever traditional justice mechanism is chosen by the Syrian people. On March 24,2016 SAP published a white paper titled “Looking Through the Window Darkly: A Snapshot Analysis of Rape in Syria, 2011-2015.”

For more information, please see:

The Los Angeles Times –  Chronicling a Disaster: A Timeline of the Syrian Civil War –  15 March 2016

UNHCR – Syria Conflict at Five Years – 15 March 2016

United Nations News Centre – With Syrian Peace Talks Underway, UN Urges Support for Negotiations and Impacted Syrians – 15 March 2016

The Huffington Post –  Five Years on, We Must Focus on the Victims of Syria’s Atrocities – 14 March 2016

Vietnam Bloggers Sentenced and Jailed for Anti-State Articles

By Christine Khamis

Impunity Watch Reporter, Asia

 

HANOI, Vietnam – 

A blogger and his assistant, Nguyen Huu Vinh and Minh Thuy, were charged with publishing anti-state articles in a Vietnamese court last week. Mr. Vinh, who was previously connected to Vietnam’s ruling Communist Party as a police officer, received a five year prison sentence. His assistant, Ms. Thuy, received a three year sentence.

Mr. Vinh and Ms. Thuy at trial. (Photo courtesy of BBC News)

Mr. Vinh and Ms. Thuy had been detained and imprisoned since 2014. Mr. Vinh’s wife states that his health has declined during his detention.

The trial for Mr. Vinh and Ms. Thuy lasted only one day. A number of protesters gathered outside of the court to call for the bloggers’ release, chanting “innocent”, according to Associated Press.

Mr. Vinh and Ms. Thuy were charged for posting articles on a blog called “Ba Sam”, which drew millions of viewers. Mr. Vinh started the blog in 2007, with the aim of educating readers by exposing them to news coming from a variety of perspectives.

The blog published news and commentary from a number of contributors on political, social, and economic issues. The indictment against Mr. Vinh and Ms. Thuy listed 24 articles that contain “untruthful and baseless content” and that distort the state’s policy.

Judge Nguyen Van Pho of the People’s Court of Hanoi, where Mr. Vinh and Ms. Thuy underwent trial, claims that the posted articles “distort the lines and policies of the party and law of the state”, according to BBC News. Mr. Vinh and Ms. Thuy’s lawyers state that there is no evidence against them, and both Mr. Vinh and Ms. Thuy maintain that they are innocent. Ms. Thuy says that she does not know who wrote or posted the articles on Ba Sam.

While Vietnam is a party to the International Covenant on Civil and Political Rights, a prominent human rights treaty that protects expression critical of government and leaders, it continues to weather criticism for its crackdown on dissent.

Vietnam’s only political party is the Communist Party, and its government disapproves of dissent that questions the Communist Party. Media is especially heavily monitored by authorities, because the internet has increasingly become a forum for criticism of the government.

Human Rights Watch, Amnesty International, and the U.S. State Department’s embassy in Hanoi have all called for Vietnam’s authorities to drop the charges against Mr. Vinh and Ms. Thuy.

 

For more information, please see:

Associated Press – Vietnam Sentences Prominent Blogger for Anti-State Posts – 23 March 2016

BBC News – Vietnam bloggers: Nguyen Huu Vinh and Minh Thuy Jailed – 23 March 2016

Humanrights.gov – Vietnamese Government’s Decision to Convict Bloggers Nguyen Huu Vingh and Nguyen Thi Minh Thuy – 23 March 2016

Human Rights Watch – Vietnam: Drop Charges Against Prominent Bloggers – 22 March 2016