PILPG: War Crimes Prosecution Watch Volume 11, Issue 24 – February 6, 2017

Case School of Law Logo


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 24
February 6, 2017

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

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

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

Iraq

Syria

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

North Korea

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

JURIST: First It’s the Muslims: An Evolution to Dictatorship

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses some alarming similarities between the early days of the Trump administration and the rise to power of Adolf Hitler…

 

Hitler and Mussolini together ©WikiMedia (Muzej Revolucije Narodnosti Jugoslavije)
How did a great country with a strong and respected place in the world, a center for culture and tolerance, elect a man who would plunge the world into what a commentator called “a place of anguish and fear”? This is a question many historians and policy makers asked themselves about Germany in the 1930’s.

The manner in which Adolf Hitler came to power initially was legitimate and within the constitutional bounds of German law. An obscure former corporal in the German army, he ran for the highest political office in his country on a platform of nationalism, essentially declaring it time to make “Germany great again.” Stung by the humiliating terms of the Versailles Treaty, Germany retreated inward burdened by reparations and eventual economic depression; this liberal democracy struggled to redefine itself in a post-WWI world. Hitler’s speeches declared that Germany could be a great country again, with a strong people, who could move forward to reclaim their historic place in Europe. All this rang true to a defeated people.

Hitler’s rhetoric in those days formed the murky beginnings of a far darker political dynamic, but the German people — Dem Deuctshevolk — shop workers, shopkeepers and farmers, looked beyond this darker theme and focused on a more promising future in a proud and assertive Germany. As he ran for Chancellor, Hitler focused on the economic issues of the time, promising to restore the German economy and bring back jobs. “German business first” was what a German citizen liked to hear.

Adolf Hitler became Chancellor of Germany in 1933, barely more than eight years after he was released from a Bavarian prison for the Beer Hall Putsch. The first year of his rise to power was a heady time where money poured into infrastructure and rebuilding the German army, in blatant violation of the Versailles Treaty. The concept of a people’s car, a Volkswagen, became a reality to be driven on the world’s first interstate road system, called the autobahn. German citizens saw jobs, better pay, and a brighter future.

Then the nibbling at Germany’s democratic principles began, subtle at first, but picked up over the next few years, and by the time of the 1936 Olympics in Berlin, led to a state policy to shift power from the people to one person, a Fuehrer. Backed by the Reichstag, new laws were passed shifting the power to a single executive. Additionally, as this happened, Adolf Hitler began to raise the stakes against perceived enemies of the state by using fear to cause the German people to give away their freedoms one at a time to fight the threat — Bolsheviks, Slavs, and Jews. Claiming a conspiracy to keep Germany weak, various minorities were singled out as a threat to the country and its people. It was this existential threat from within and outside the country that Hitler built upon a fear so much so that the citizens of Germany turned to their leader, their Fuehrer, to protect them.

The intellectual elite of Germany and much of the middle class at first stood back, amused, embarrassed, disbelieving that this proud nation of culture, of tolerance, of openness would elect this small little man who ranted and raved about a great German nation, a Reich that would last a thousand years. They could not believe that he would last long politically and stood aside in the early years thinking that the political system in place would cause his demise. By the time they realized the shift of almost complete power to one man had actually happened, it was too late. They had only one choice: swear allegiance or leave. Some left when they still could, but most stayed and accepted their national fate.

I have faced down dictators most of my professional life. To understand my adversary I have studied the twentieth century’s dictators, how they came to power, their psyche, and their methods of destroying their own citizens. There are patterns, similarities, regarding despots, dictators, and thugs who rise to and hold power in their countries. Their track record is horrific with the destruction of over 95 million human beings at the hands of these dictators in the last century.

Understanding the similar conduct of largely ordinary men rising to absolute power can help us in many ways: from investigating and prosecuting them for violations of domestic and international crimes, identifying those politicians or political movements trending toward despotism, to prevention and counter measures to blunt their move to power. Liberal democracies today need to understand the past, the present trends, to protect our futures. The consideration of these traits are instructive today in the United States and elsewhere.

So what are those similarities among despots and dictators? First in a country where a dictator comes to power, there is an anger towards the establishment, a long term disappointment and lack of trust in their government.They use this loss of faith in the centralized government to start building a political base to gain power. Dictators want to “drain the swamp,” to clean house, to start over.

Second, the rising dictator uses fear to shift that frustration away from their policies to what is called “a boogey man.” Dictators for a century all used a “boogey man” to focus their citizenry away from their absolute power to a threat outside the country. The Three Pashas in Turkey blamed the Christian Armenians for the loss of the Ottoman Empire; Adolf Hitler blamed the Jews for weakening Germany; Joseph Stalin and Mao Tse-tung focused on Western capitalism; and the Ayatollah of Iran blamed the Great Satan of America for their economic problems. Outsiders who were different, who had a different religion became an internal and external threat and were either accounted for and interned or deported. Those who sought admission to their country were banned for who or what they were.

Third, dictators view the press as their enemy and initially seek to limit press access to their regimes, then ban or control the press entirely. They consider the press an enemy of the state and take appropriate action. The liberal press is blamed for factual distortions. The dictator declares they are not using real facts and fashion their own truths, what you would call today “alternative facts.” Joseph Goebbels stated that “if you lie to the people long enough, they will believe it as the truth.” In a dictatorship the truth is the first casualty.

Fourth, a dictator surrounds himself (yes, they are all men) with only those people who tell him what he wants to hear, not what he needs to hear. The truth becomes dangerous to the government and to those who know it. The dictator does not want to know the truth, they fear the truth and those who work with and for the dictator fear knowing and telling them the truth. They could lose their influence, power, jobs, even their lives, as well as their family’s lives if they are truthful. It’s a downward paranoid spiral.

Fifth, the dictators of the twentieth century also suffered from some type of psychological disease or defect. From paranoia, schizophrenia, depression, and narcissism these men slipped farther and farther away from reality the longer they stayed in power. A perfect illustration is when Joseph Stalin fell dying on the floor in his bedroom and laid there for fourteen hours, the doctors and handlers were too afraid to declare him dead in fear of the repercussions of even saying, let alone knowing that he had died.

Sixth, dictators over time consider the law only as a guide, to be broken, modified, or ignored. The longer in power the more they feel they are above the law and take action according to their own whims. A political cult develops around them. They become above all men. Society is what the dictator says it is. The national identity becomes the dictator. Where once government workers or members of the armed forces swore allegiance to the law, they now must swear allegiance to the dictator himself without question. The refusal to do so is expulsion or death.

In the United States we now have a President who fits several of these traits and has acted accordingly — all within two short weeks as President. The surprising thing is how easily he has been able to do this without any institutional resistance. America is not used to someone of this caliber. We sit back stunned, cowed, or in quiet glee as this new President begins to “make America great again.” Is he becoming America’s first “dictator”? This remains to be seen.

Our only counter to this “new type” of President is the Constitution of the United States. The founders of this nation contemplated a Trump and put in the necessary checks and balances to ensure that America did not create a king or dictator. The power was reserved to the people, us; and all those elected answer to that people, not the other way around. The other two branches of government will be critical to our republic with this power grabbing new President. They must do their constitutional duty and pay heed to the law and to the people to counter his seeking absolute power.

Another point, the recent singling out of Muslims seeking entry into our country from several countries appears to be, and is touted to be, a national security issue protecting our country. Beware when our federal government tells you the reason they are doing something “in the name of national security.” The results were: “The Red Scare,” Japanese internment camps, McCarthyism, unauthorized medical testing, the electronic surveillance program, torture, secret camps, and Guantanamo, to name a few. It is easier to govern a people when they are afraid. Fear is the life blood of a dictator. Singling out a people to blame because they are different and can possibly cause us harm, hoping to play upon our fears is just a first step to despotism.

In times of real or perceived crisis we must hold tight to our Constitution, not push it away as a hindrance to making our country safe. Thomas Jefferson throughout his life looked to the people to keep the United States on track, our leaders honest, and our focus on the rule of law. Even in the Declaration of Independence he hinted that it is the people who shape that government and have the right and the obligation to change that government should it challenge our constitutional rights.

It is heartening to see people in the United States and around the world who are standing up to the new President’s policies. Make no mistake, we have a man in power who manifests the traits of a dictator. A citizenry who raise the banner of the rule of law holding our elected officials accountable to our Constitution, and not to a man, will eventually cause the Trump administration to reign in their policies or face legal consequences. If we do not, I fear for America. Remember Germany…

David M. Crane is a Professor of Law at the Syracuse University College of Law. He is the former Chief Prosecutor, Special Court for Sierra Leone, 2002-2005. He is also the founder of Impunity Watch, the Syrian Accountability Project and the IamSyria Campaign.

Suggest citation: David M. Crane, First It’s the Muslims: An Evolution to a Dictatorship, JURIST – Academic Commentary, Feb. 3, 2017, http://jurist.org/forum/2017/02/David-Crane-evolution-to-dictatorship.php

Syria Deeply Weekly Update: Fight Against ISIS Ramps Up, U.S. Rules for Syrians Change


WEEKLY UPDATE
February 3, 2017

Dear Readers,Welcome to the weekly Syria Deeply newsletter. We’ve rounded up the most important stories and developments about Syria and the Syrians in order to bring you valuable news and analysis. But first, here is a brief overview of what happened this week:The Syrian army, Turkey and the United States-led coalition continued their separate offensives against the so-called Islamic State (ISIS) group in northern Syria. The Syrian army plans to move on militants in the northern Aleppo countryside. In recent weeks, they advanced to within 4 miles (6km) of the ISIS-controlled city of al-Bab, where Turkish military and Ankara-backed Syrian rebels are also fighting militants.The Syrian Defence Forces (SDF), a U.S.-backed alliance of Kurdish and Arab forces, are advancing on ISIS’s de facto capital, Raqqa. As they get closer to encircling the city, the SDF is also planning the next phase of the operation in other ISIS-controlled areas such as neighboring Deir Ezzor province to the south. The U.S. is assisting the operation with airstrikes, which reportedly destroyed a pipeline near Raqqa, cutting off the water supply to the militant stronghold, and by providing supplies. An SDF spokesman said on Tuesday that the coalition provided them with armored vehicles for the first time.In Idlib, infighting between rebel groups reached a tipping point over the weekend, when several Syrian Islamist armed groups announced a merger with the former al-Qaida affiliate in Syria, Jabhat Fatah al-Sham (JFS). The new alliance, named the Hayat Tahrir al-Sham (Liberation of the Levant Committee), is now fighting against Ahrar al-Sham, a powerful rebel group on the ground.As fighting continues on the ground in Syria, the United States dealt a devastating blow this week to those trying to escape the conflict. Syrian nationals are now banned from entering the United States, after U.S. president Donald Trump signed an executive order barring the entry of nationals from seven countries in the region for 90 days. The order also suspends the entry of all refugees for 120 days, but Syrian refugees are banned indefinitely.We will be keeping a close eye on diplomatic developments next week as Iran, Russia and Turkey are set to meet for the second round of peace talks in the Kazakh capital of Astana on Tuesday. They will discuss how the cease-fire in Syria is being implemented, Kazakhstan’s foreign ministry said in a statement. The talks will be followed by the next round of U.N.-sponsored Syria peace talks in Geneva, which has been scheduled for February 20, after being briefly postponed last week.

After Trump Order, Syrian Family Endures Anguish of Changing Rules

Following Trump’s executive order barring Syrians indefinitely from the U.S., Tania Karas reports on how its chaotic implementation hit one Syrian family who were already in transit as the order was inked.

Hanan, 8, and Lian, 5, were meant to be reunited with their father, Fadi Kassar, last Saturday, after years of a meticulous procedure that legally qualified them for family reunification. But Trump’s ban barred them and their mother, Razan, from entering the U.S. Family Photo

Afrin: Kurdish Town Isolated by Siege, Geography

The predominantly Kurdish district of Afrin in northwestern Syria has been under near-continuous siege for four years but remained relatively calm, attracting hundreds of thousands of displaced people. Now, it is under threat from Turkish military operations in Syria.

Rebel fighters of the Syrian Kurdish Popular Protection Units (YPG) pay their respects during a funeral ceremony in the village of Afrin, August, 2013. AFP/STR 

Trump Order on Refugees Is ‘Amateur Hour’: Konyndyk

The whirlwind of executive orders from the new administration risks alienating the bureaucrats needed to implement them. Former USAID senior official Jeremy Konyndyk says U.S. government bureaucracy is now entering uncharted territory.

Jeremy Konyndyk

Additional Reading:

Top image: Protesters take part in a rally to oppose President Donald Trump’s executive orders. AP/Elaine Thompson


For new reporting and analysis every weekday, visit www.newsdeeply.com/syria.
You can reach our team with any comments or suggestions at info@newsdeeply.org.

Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, Yemen and Philippines

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Iraq

On 29 January reports emerged that the Iraqi provincial government in Salah ad-Din governorate had enacted a new policy of evicting families accused of ties to members of the Islamic State of Iraq and the Levant (ISIL) from their homes. At least 345 families in the city of Tikrit have been sent to Al-Shahama camp for displaced persons outside the city, while another 200 families are reportedly being held in a school and at Rubaidha camp. Several of those forcibly displaced reported that Iraqi Security Forces (ISF) had demolished their houses because of a family member’s alleged ties to ISIL.

Local authorities have said this policy of collective punishment is intended to force members of ISIL to pay a personal price for joining the organization. However, Iraqi Prime Minister Haider Al-Abadi has criticized the policy. The targeting of civilians who have taken no active part in hostilities, including the families of terrorists, is illegal under international law. As the ISF continue their military offensive against ISIL, the government must actively prevent reprisals against Sunni civilians and pursue accountability for human rights violations committed by all parties to the conflict.

Yemen

Despite efforts by the UN Special Envoy to Yemen, Ismael Ould Cheikh Ahmed, to encourage parties to the conflict to recommit to peace negotiations and a ceasefire, fighting between Houthi rebels and pro-government forces has escalated in southern Yemen. On 31 January the UN Humanitarian Coordinator in Yemen, Jamie McGoldrick, raised concerns regarding civilians fleeing violence in Al Mokha and Dhubab, in Taizz Governorate, calling upon all parties to meet their obligations under international humanitarian law. As many as 30,000 people remain trapped in Mokha, where civilians have been killed by airstrikes, shelling and snipers. Fighting also continues in northern Yemen along the border with Saudi Arabia.

On 27 January the UN Panel of Experts for Yemen submitted their annual report to the UN Security Council, documenting attacks by the Saudi-led military coalition that “may amount to war crimes.” The report reminds all members of the coalition and its allies of their responsibility to uphold international humanitarian law.

Philippines

Over 7,000 people have been extrajudicially killed in the Philippines as a result of a seven-month “war on drugs” initiated by President Rodrigo Duterte. On 1 February Justice Secretary Vitaliano Aguirre II responded to evidence that the killings amounted to crimes against humanity by declaring that drug offenders are not “part of humanity.” On 31 January Amnesty International reported on the role of police and armed vigilantes in extrajudicial killings. To date no police have been held accountable for their actions.

Linus G. Escandor II/PRI

Syrian Network for Human Rights: 781 Civilians Killed in January 2017

I. Introduction
The report includes only the death toll of civilians that were killed by the main six influential parties in Syria:
• Syrian regime forces (Army, Security, local militias, Shiite foreign militias)
• Russian forces
• Self-management forces (consisting primarily of the Democratic Union Party forces, a branch for the Kurdistan Workers’ Party)
• Extremist Islamic groups
• Armed opposition factions
• International coalition forces
• Other parties