Syria Justice and Accountability Centre:Asset recovery and repatriation: Could the impossible solution be just the right fit for the impossible conflict?

For a simple overview of the conflict, a casual reader can turn to Wikipedia’s entry for the “Syrian Civil War,” which has no less than 860 footnotes. An advanced reader might turn to the myriad of reports produced by international human rights and Syrian civil society organizations, including the Syria Justice and Accountability Centre, to learn detailed information about the record of violations that have occurred since the start of the conflict.

This record of abuses will be critical in assessing justice and remedy mechanisms for the survivors. And there are a lot of survivors to consider — estimates of up to 470,000 people killed, half the population displaced, and an unfathomable 4 million plus refugees as of July last year. Reparations processes for survivors, and the country as a whole, must be as robust, widespread, and multidimensional as the conflict itself, and, to be effective, will need to prominently include the active participation of victims, the families of the slain, and the survivors of trauma. In particular, women, who have largely been absent from peace negotiations, must be actively involved.

Funding such a robust and inclusive reparations in post-conflict Syria will be problematic, however. This is where one of the most complicated wars in modern history meets its match in a politically, legally, and socially complex area of remedy: stolen asset recovery and repatriation. Despite the complexities, Syrians, having survived a domestic uprising and the military interventions of dozens of states, could be up for the challenge.

Recognized as “one of the most complex projects in the field of law,” international asset recovery includes the tracing, freezing, confiscation, and repatriation of illegally obtained proceeds located in foreign jurisdictions. The history of stolen asset recovery and repatriation is not simple. It takes significant political will to reach the point of identifying and freezing the assets of political leaders and their associates in foreign countries. And freezing assets is only the beginning of a contorted series of legal and political confrontations to determine to whom the assets rightfully belong, how to distribute and allocate the funds, and who gets to decide. These questions will turn on interpretations of Syrian law, as well as international law and the laws of the jurisdictions where the assets are found.

While Switzerland, the European Union, and the United States announced asset freezes of accounts held by the Assad family and associates in 2011 and 2012, many commentators opined that the total amount frozen (£100 million in the United Kingdom, $78 million in the United States, and 70 million Swiss Francs) is likely a very small proportion of the assets abroad, most of which are presumed to be concealed in jurisdictions less likely to identify and freeze accounts, such as Russia, Hong Kong, or other states in the Middle East/North Africa region.

Even within the small portion of wealth that has already been frozen, arguments are already surfacing with regard to its legal and rightful ownership, with both the government and opposition making claims over the assets. Even non-Syrians may have legal claims over the funds. For instance, lawyers representing the family of Steven Sotloff, an American journalist beheaded by the Islamic State of Iraq and al Sham (ISIS), have filed a civil suit against the Syrian government and may be eligible to recoup a fraction of the frozen assets if the court finds in the family’s favor and the Syrian government refuses to pay damages.

The World Bank’s Arab Forum on Asset Recovery, a 2012 initiative to support asset recovery by Arab countries in transition, is now entering its fifth year, but it has not yet proven particularly successful in wading through the competing legal perspectives of the “home” and “host” states, nor the political discord that accompanies these differences in views.

The one bright spot in this otherwise entangled dynamic is the increasingly useful and relevant role of civil society’s participation in conversations about how to identify public assets as such and return them to their true beneficiaries — the people. Given the extraordinary international attention on Syria, domestic civil society, with support from colleagues and allies in “host” countries as well as in other countries that have relevant experiences to share (such as Kazakhstan, Nigeria, Angola, Equatorial Guinea or Ukraine), could play a very prominent role in leading the conversation about the possibilities for open, clear adjudication of disputes over the assets and their disposition.

If there is any silver lining to the horribly grey clouds that have hovered over Syria for the past several years, it might be that there is both international space for Syrian civil society to be heard, and that such space might actually prove useful as a starting point for citizen-government dialogue. Starting with even a relatively tiny fraction of Syria’s resources — a mere few hundred million USD — has untold potential not only for providing remedy to those devastated by the violence and for rebuilding key support systems but also for building trust, stable governance, and the equitable distribution of resources.

Despite the political obstacles, isn’t it at least worth a shot?

 

Erica Razook sits on SJAC’s Board of Directors and is a Syrian-Lebanese American anti-corruption lawyer and certified fraud examiner living in New York. She participated in the 2014 Arab Forum on Asset Recovery and supported civil society efforts to repatriate stolen assets to Equatorial Guinea, Nigeria, and Ukraine in her former role at the Open Society Foundations, including coordination of the civil society-led event on the topic at the 2015 UN Financing for Development Conference in Addis Ababa.

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

Syrian Network for Human Rights: We condemn the participation of the Iranian Regime in the International Syrian Support Group (ISSG) meeting

We condemn the participation of the Iranian Regime in the International Syrian Support Group (ISSG) meeting.

SNHR condemns the invitation of the Minister for Foreign Affairs of the Islamic Republic of Iran to participate in a meeting of International Syrian Support Group (ISSG), to be held on 17 May in Vienna City. SNHR stresses that the Islamic Republic of Iran and through the militias related to it, topped by “Iranian Revolutionary Guard” are involved in committing wide and various violations which are considered to be war crimes and against humanity in Syria.
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War Crimes Prosecution Watch Volume 11, Issue 5 – May 16, 2016

Case School of Law Logo

FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 5
May 16, 2016

PILPG Logo

Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

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

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

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

Mali

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

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

TOPICS

TRUTH AND RECONCILIATION COMMISSION

Terrorism

Piracy

Gender-Based Violence

COMMENTARY AND PERSPECTIVES

Muirfield Golf Club Votes to Continue Ban on Women Members

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

EDINBURGH, Scotland —After a two year consultation process, over 600 male members of the Muirfield Golf Club in Scotland have failed to reach a two-thirds majority vote which would allow women to join the club.  While women can continue to use the club as guests and visitors, they will not be allowed to join as members.

Muirfield Golf Club (Photo Courtesy of The Guardian)

This decision is a deviation from the recent trend set by other golf clubs in the United Kingdom.  The Royal & Ancient Club of St. Andrew’s and Royal St. George’s have both voted to admit women as members within the last two years.  As a result, Muirfield and the Royal Troon club are the only remaining traditional British Open host venues to maintain a ban against women members.  Royal Troon is currently reviewing their own membership policies to consider allowing women to join as members.

Among the reasons given for voting against women to join the club, dissenters have stated that they believe women would endanger the speedy play of the game, and would “feel uncomfortable” as members.  They also urged that the allowance of women members would go against the very nature of the club – “a gentlemen’s club where golf is played.”

Prominent golfers and various leaders have voiced their disagreement with the vote.  Scotland’s first female Prime Minister, Nicola Sturgeon, called the vote “simply indefensible” and urged the club to revisit the vote in the future.  Rory McElroy, former British Open champion, stated that the vote would damage golfs image.  Lesley Sawers, the Equality and Human Rights Commission Scotland commissioner, estimates that the decision will cost the Scottish economy £100m as a result of loss of revenue generated from the Open.

In response to Muirfield’s vote, Royal & Ancient, the organizer of the British Open, has refused to host the British Open at the club for as long as they continue to ban women as members.  Muirfield has hosted 16 British Opens in the past.

For more information, please see:

BBC — Muirfield to lose right to host Open after vote against allowing women members — 19 May 2016

CNN — Muirfield banned from hosting British Open after refusing women members — 19 May 2016

New York Times — Muirfield Golf Club Picks Discrimination Over the British Open — 19 May 2016

The Guardian — Muirfield loses right to hold Open after voting to remain men-only — 19 May 2016

Peace Talks Leads to Release of Child Soldiers

By Cintia Garcia

Impunity Watch Reporter, South America

Bogota, Colombia— On Sunday March 15 in Havana, Cuba, the government of Colombia and the Revolutionary Armed forces of Colombia (FARC) reached an agreement to release child soldiers from the FARC’s ranks. Both parties have agreed to release all children under the age of 15 from FARC, and FARC has agreed that they will no longer recruit children within this age range. In addition, the government of Colombia and FARC will develop a plan to release child soldiers under the age of 18. Furthermore, the agreement also proposes the creation of a reintegration plan that will assist in transitioning the child soldiers into society.

Child Soldier in Colombia. (Photo Courtesy of Colombia Reports)

The priority of the government of Colombia is to ensure the safety and the release of any child under the age of 15. FARC will assist the government of Colombia in finding and identifying any child who falls within this age group for their departure from the non-state military. Although FARC claimed it only had knowledge of 20 children under age 15 currently serving FARC, it has been confirmed that 170 children will be released. Upon the release of the child soldiers, FARC has asked the government of Colombia to not prosecute the child soldiers for crimes they have committed and provide them with “Victim Status.” About 100 boys and 70 girls will be released to UNICEF.

According to UNICEF, since 2013, the number of children soldiers that have been killed or injured under FARC has dropped by 40%. Additionally, in the past 17 years 60% of the 6,000 children that have left the rebel military belong to FARC.

UNICEF has been an integral partner during the peace talks in ensuring the children of FARC are reintegrated with their families and into society. UNICEF representative, Roberto de Bernardi, announced that UNICEF “stands ready to support the release of all children and their reintegration into their families and communities, in accordance with national and international law.”

The historic announcement comes amidst three years of peace talks between the government of Colombia and FARC. The peace talks are being held in Havana, Cuba with the goal of reaching a cease fire by the end of this year. FARC is the most mobilized rebel group in Colombia. Since the peace talks began, the number of fighters within FARC has reduced to about 8,000 through the voluntary disarmament, demobilization and reintegration program.

For more information, please see: 

BBC – Colombia and Farc Rebels Agreed Child Soldier Deal—16 May 2016

Colombia Reports—Farc to Release 170 Child Soldiers: Colombia’s Defense Minister—19 May 2016

New York Times—Colombia and FARC Rebels Reach a Deal to Free Child Soldiers—15 May 2016

Newsweek—FARC Rebel Rehab Hopes to Create Lasting Peace in Colombia—24 April 2016

UNICEF—UNICEF Welcomes FARC’s Announcement to Release all Children in its Rank—16 May 2016