Five Mass Graves Found in Rakhine

By: Brian Kim
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar – According to a recent report by the Associated Press (AP) news agency, many Rohingya villagers have been massacred and buried in five mass graves. AP reported that around 400 Rohingya villagers were murdered by members of Myanmar’s military.

New mass graves were found in Myanmar according to AP. Photo Courtesy of Manish Swarup.

The survivors of the massacre told the Associated Press that the killing took place on August 27. The attack happened in the village of Gu Dar Pyin. According to Noor Kadir, a survivor of the massacre, he found six of his friends buried in two separate mass graves. Kadir stated that he was only able to identify his friend by the color of his friend’s shorts.

The attack began around noon when 200 soldiers attacked the village. Based on a video that was obtained after the fact, it showed the soldiers using acid to remove traces of evidence. The survivors told the Associated Press that the Burmese military tried to cover up evidence of murder.

Previously, Myanmar had admitted responsibility for one mass grave site in the village of Inn Din. However, the government is denying the massacre that allegedly occurred in Gu Dar Pyin.

Since the attack, Myanmar has denied access to Gu Dar Pyin. Due to this reason, it is difficult to get the accurate number of deaths. However, based on the satellite images gathered from DigitalGlobe, the village is reported to be wiped out.

Myanmar is denying AP’s investigation. The government in a statement reported that 17 government officials investigated the matter in Gu Dar Pyin. When they spoke with the community leaders, they informed the agencies that “no such things happened.”

Since the conflict began, around 680,000 Rohingya minority have fled Myanmar and relocated to Bangladesh.

For more information, please see:

Al Jazeera – Evidence of Rohingya mass graves uncovered in Myanmar – 1 February, 2018

The Guardian – Myanmar: UN and US deeply troubled over new report of five mass graves – 1 February, 2018

ABC News – Myanmar government denies AP report of Rohingya mass graves – 2 February, 2018

Reuters – Myanmar denies report of new mass graves in Rakhine – 2 February, 2018

Syracuse University News – Media, Law, and Policy: ‘The Founders,’ Co-Edited by David M. Crane, Charts Creation of World’s First International Tribunals

Tuesday, February 6, 2018, By Martin Walls

book cover of "The Founders" alongside photo of David Crane

Never before have international chief prosecutors written in detail about the challenges they faced, but with the publication of “The Founders”—co-edited by David M. Crane, professor of practice in the College of Law; Leila Sadat of Washington University School of Law, St. Louis; and Michael P. Scharf of Case Western Reserve University School of Law, Ohio—comes the complex story of four individuals who created the world’s first international tribunals and special courts.

A candid look at how the founding prosecutors sought justice for millions of victims, the backdrop to these tales is four of the most appalling conflicts of modern times: the Balkan wars in the former Yugoslavia (1991-2001), which included the Bosnian genocide and led to hundreds of thousands of casualties and displaced peoples; the 1994 mass slaughter of Tutsi in Rwanda by members of the Hutu majority government; the Cambodian genocide (1975-1979), perpetrated by the Khmer Rouge; and crimes against humanity committed during the Sierra Leone Civil War (1991-2002). The crimes against humanity and war crimes committed during these conflicts spurred the creation of international tribunals designed to bring the perpetrators of unimaginable atrocities to justice.

When Richard Goldstone, David M. Crane, Robert Petit and Luis Moreno-Ocampo received their orders from the international community, each set out on a quest to build unique postconflict justice mechanisms and launch their first prosecutions. South African jurist Goldstone founded the International Criminal Tribunal for the Former Yugoslavia, which indicted 161 individuals between 1997 and 2004. Crane was the chief prosecutor of the Special Court for Sierra Leone from 2002 until 2005, indicting, among others, then-President of Liberia Charles Taylor for his role in crimes committed against Sierra Leoneans. (Incidentally, Crane was the first American to be named the chief prosecutor of an international war crimes tribunal since Justice Robert Jackson at Nuremberg, Germany, in 1945.)  The founder of the Extraordinary Chambers in the Courts of Cambodia was Canadian Robert Petit, who led the investigation and prosecution of five of the senior-most leaders of the Khmer Rouge. Lastly, Argentinian lawyer Luis Moreno-Ocampo is most famous for becoming the first prosecutor of the International Criminal Court. During his tenure, which began in 2003, Moreno-Ocampo opened investigations into crimes committed in Burundi, Central African Republic, Côte d’Ivoire, Sudan, Democratic Republic of the Congo, Kenya, Libya, Mali, Uganda and Georgia.

“As we worked on this book it occurred to me the extraordinary professional and personal risk we took in establishing these ground-breaking justice mechanisms. We all had successful careers when we literally received ‘the call’ asking us to stop our life trajectory and to take on a task with absolutely no certainty of success,” says Crane, who continues to work on humanitarian and atrocity law issues at the College of Law, including with the student-run Syrian Accountability Project. “We were in unchartered waters, yet we were drawn to the possibility of bringing justice to victims of horrific acts. This we did, and we took up the flaming sword of justice. It was an honor and a privilege to be asked to found these international courts.”

With no blueprint and little precedent, each prosecutor became a pathfinder. “The Founders” offers behind-the-scenes, first-hand stories of these historic journeys, the challenges the prosecutors faced, the obstacles they overcame and the successes they achieved. Contributions are made by the founders themselves, as well as former United Nations Secretary-General Kofi Annan, Hans Corell, Leila Nadya Sadat, Michael Scharf, William Schabas and David Scheffer.

Colombia suspends peace talks with ELN rebels

By: Emily Green
Impunity Watch Reporter, South America

BOGOTA, Colombia — Peace talks with the National Liberation Army (ELN) were suspended on Monday in response to a series of bomb attacks over the weekend. The leftist rebel group killed several police officers and wounded many more.

Members of the ELN in Colombia. Image Courtesy of Luis Robayo.

The homemade bombs were placed in a police station during a shift change in Barranquila, a northern Colombian town. As a result, five police officers died and more than 40 were wounded. Two more died from another bomb attack just four hours later.

This occurred in the wake of peace talks which began in February 2017 and ended the five-decade war. The bombing is the second time this month that negotiations between the government and the rebel group have been paused. Colombia’s President Juan Manuel Santos said, “My patience and the patience of the Colombian people has its limits, so I have taken the decision to suspend the start of the fifth cycle of negotiations, which was scheduled for the coming days, until we see coherence between the ELN’s words and its actions.”

The ELN is a guerrilla organization and faction of the National Liberation Army. Even though the other rebel group, Revolutionary Armed Forces of Colombia (FARC), have signed a peace deal with the government, guerrillas of the ELN  seem determined to continue their long battle against the state. It opposes the presence of foreign companies in Colombia and regularly bombs pipelines and other oil infrastructures.

In contrast, members of FARC have embraced peace and moved into politics. The large rebel group has launched its campaign for the presidency under the leadership of its former commander, Rodrigo Londono. However, his opening campaign speech was largely overshadowed by the rebel attacks. Other presidential candidates denounce him for being too soft on both FARC and ELN guerillas.

Few politicians support this peace deal. It remains an issue among Colombians and was rejected in a 2016 referendum. President Santos has only months left in his term and it is unlikely that he will succeed in ending the conflict with the ELN. The deputy director of the Peace and Reconciliation Foundation, Ariel Avila, remarked, “The ELN know that this government only has five months left — there’s nothing for them to negotiate with this government, so they say why bother?”

On Monday, the ELN issued a statement expressing support for the peace talks and a cease-fire. However, it says that “military actions will continue taking place on each side” in the absence of any agreement.

For more information, please see:

Telesur – Colombian Rebels Call for New Ceasefire, Renewed Peace Talks – 31 January 2018

Colombia Reports – Santos suspends talks with ELN after deadly attacks in northern Colombia – 29 January 2018

NPR – Colombian President Pauses Peace Talks With Rebel Group, ELN – 29 January 2018

NYT – In Colombia, Two Rebel Groups Take Different Paths – 29 January 2018

Voice of America – Colombia Suspends Peace Talks With ELN Rebels After Bomb Attacks – 29 January 2018

War Crimes Prosecution Watch: Volume 12, Issue 24- February 5, 2018


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 24
February 5, 2018

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

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

Sudan & South Sudan

Democratic Republic of the Congo

Burundi

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

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

Afghanistan

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING


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Experts Ask Facebook to Pull Messenger Kids

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON D.C., U.S.A. – Last month, Facebook launched a new messenger app for kids as young as 6 years old. This is way below the previous minimum age that Facebook required users be for their apps, which was 13. Now, dozens of pediatric and mental health experts are asking Facebook to remove the app.

Facebook has created a messaging app for kids. Photo Courtesy of New York Times.

These experts composed a letter from the Campaign for Commercial Free Childhood. Campaign for Commercial Free Childhood is an advocacy group which pushes companies to abandon marketing like the Pokemon Go app. The app sent children to all kinds of stores and fast food restaurants. McDonalds even advertised on children’s report cards in Florida.  But the Campaign for Commercial Free Childhood says Facebook’s new app creates bigger concerns than those created by Pokemon Go.

“Younger children are simply not ready to have social media accounts,” the experts said in the letter. “A growing body of research demonstrates that excessive use of digital devices and social media is harmful to children and teens, making it very likely this new app will undermine children’s healthy development.”

In a study released in late January, the research stated that an increase in social media and smartphone use in children led to greater unhappiness in teenagers.

What is the Messenger Kids app? The app is a texting app that a parent can set up for their child. It works through the parent’s Facebook account. The parent sets up the account, but it is in no other way a part of the Facebook app. The app is missing “like” buttons and a newsfeed which are parts of what experts believe lead to depression and anxiety for teenagers on social media. What is included in the app are emojis, video chat, selfies and group texting.

Facebook argues that their new app provides a safer environment for children online than many other apps to social media sites. One such difference is that the app has no advertising. Facebook also says they worked with the National PTA before introducing the app. “Messenger Kids is a messaging app that helps parents and children to chat in a safer way, with parents always in control of their child’s contacts and interactions,” Facebook said in a statement.

Still, health advocates say that the app was created explicitly to hook users to keep using it and by allowing such a low age, they are giving themselves early access to the next potential generation of users.

Michael Brody, a former chairman of the media committee of the American Academy of Child and Adolescent Psychiatry said, “Facebook is making children into a market, and the youngest children will be more likely to get hooked even earlier.”

For more information, please see:

BBC – Facebook ‘No Place’ For Young Children – 30 January 2018

Telegraph – Health Experts Urge Facebook to Pull Children’s App – 30 January 2018

NYT – Turn Off Messenger Kids, Health Experts Say to Facebook – 30 January 2018