Syria Justice and Accountability Centre: Three Lessons for the UN Security Council on the Ghouta Ceasefire

SJAC Update | March 6, 2018
UN Security Council Meeting | Credit: Wikipedia

Three Lessons for the UN Security Council on the Ghouta Ceasefire

It is now clear that the ceasefire passed by the UN Security Council (UNSC) on February 24th has failed to put an end to the fighting in Syria or address the unfolding humanitarian catastrophe in Eastern Ghouta. An estimated 77 people were killed on Monday alone, and when an aid envoy finally entered Eastern Ghouta yesterday morning, it was first ransacked by government security forces, which removed 70 percent of the desperately needed medical aid.

The reality of the Syrian government’s current military position makes any ceasefire challenging, but even under ideal circumstances the flaws in Resolution 2401 would make it difficult to implement.

The text lacks key details and fails to place itself within the larger context of a political solution, reading as a reactive attempt at damage control rather than a thoughtful attempt at resolution. The following lessons from ceasefire agreements in previous conflicts provide useful comparisons:

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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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Syria Deeply: Forbidden aid to Eastern Ghouta, Afrin operation puts anti-ISIS efforts on “pause” and leaders expected back in Astana next week

Syria Deeply
Mar. 6th, 2018
This Week in Syria.

Welcome to Syria Deeply’s weekly summary of our coverage of the crisis in Syria.

Eastern Ghouta: Syrian troops and their allies advanced on Eastern Ghouta over the weekend, capturing at least six towns and villages along the edge of the Damascus suburbs. Speaking to reporters in Damascus on Sunday, President Bashar al-Assad said the operation would continue. He added that there “is no contradiction” between the operation and the Russian-ordered daily five-hour cessation of hostilities to allow for civilian evacuations and aid deliveries.

The International Committee of the Red Cross (ICRC) said on Monday that a 46-truck aid convoy reportedly reached the besieged city of Douma, marking the first time the organization has been able to deliver aid to the area since November 12, 2017. The convoy included 5,500 food parcels that “should last a family of five a month,” the ICRC said.

The ICRC stated the food aid should feed 27,500 people, however, Siege Watch reported that 125,000 people were living under siege in Douma as of January 31, 2017. More than 390,000 civilians are believed to be living in the Eastern Ghouta.

Medical supplies were also expected to be included in the convoy, however, the Syrian government prevented 70 percent of such supplies from reaching the area, including “all trauma, surgical, dialysis and insulin supplies,” AP reported.

Marwa Awad, a spokeswoman for the World Food Program, told AP that “consequently, three of the 46 trucks being sent to Douma today are close to empty.”

More than 700 civilians have been killed in the region since the government stepped up attacks on the enclave two weeks ago, AFP said.

Afrin, ISIS and divergent interests: Turkey’s ongoing “Operation Olive Branch” military operation against Kurdish forces in northern Syria has prompted the Pentagon to put the battle against the so-called Islamic State on “operational pause” in eastern Syria.

Maj. Adrian Rankine-Galloway, a Pentagon spokesperson, said that “some fighters operating within the SDF [Syrian Democratic Forces] have decided to leave operations in the middle Euphrates river valley to fight elsewhere, possibly in Afrin.”

Pentagon spokesperson Col. Robert Manning said that the “pause” has put some of the SDF’s ground operations on hold, but that coalition warplanes continued to target ISIS positions.

In Afrin, Kurdish groups – with support from pro-government forces who entered the area in recent weeks – are fighting Turkish troops and their allied Syrian rebel forces. Turkish troops launched a series of attacks over the past few days, killing at least 36 pro-government fighters on Saturday and at least 13 people on Monday. The Syrian Observatory for Human Rights put Monday’s death toll at 19, including two children and four women.

Astana: The foreign ministers of Russia, Turkey and Iran are set to meet in the Kazakh capital of Astana next week to “assess the results of their collaboration” and discuss next steps toward a settlement for the Syrian conflict, according to a statement released by Kazakhstan’s foreign ministry, cited by Turkey’s state-run Anadolu news agency.

The United Nations envoy for Syria, Staffan de Mistura, will be invited to the talks, but neither the Syrian government nor other observer countries will participate, Anadolu said.

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For Syrians in Lebanon, No Formal Plan for Return

The Lebanese government risks losing international support should it develop a formal repatriation plan for Syrian refugees. This has raised concerns that non-state actors will spearhead repatriation efforts, says Dima Mahdi of the Lebanese Center for Policy Studies.

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There is reason to suspect health facilities are being deliberately targeted in eastern Ghouta in a bid to weaken the resilience of the community and make it more amenable to evacuation, writes Syrian doctor and fellow at Chatham House, Abdulkarim Ekzayez.

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War Crimes Prosecution Watch: Volume 13, Issue 2- March 5, 2018


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 13 – Issue 2
March 5, 2018

Editor-in-Chief
Taylor Frank

Technical Editor-in-Chief
Ashley Mulryan

Managing Editors
Sarah Lucey
Lynsey Rosales

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

Afghanistan

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

AMERICAS

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING


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Myanmar Bulldozes Rohingya Villages

By: Katherine Hewitt
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar – Since the increase in violence against the Rohingya in September of 2017, 362 villages were destroyed in the violence. Recently, Human Rights Watch released satellite images that depict further damage to Rohingya villages.  This time it’s the complete demolition of villages.

The images reveal what appears to be a deliberate and systematic action on behalf of the Myanmar government.  Previous areas that showed buildings and greenery now show empty brown space. So far Human Rights Watch identified 55 villages that were bulldozed.

Satellite Image of village before and after bulldozing. Photo Courtesy of DigitalGlobe.

Many of these villages were scenes of the ethnic violence against the Rohingya.  Now with the state bulldozing over them, evidence is destroyed and hidden. Brad Adams of Human Rights Watch said that these villages need to be preserved so that experts can “document these abuses and can properly evaluate the evidence to identify those responsible” for the violence.

The bulldozing also serves an additional purpose. It “threatens to erase both the memory and the legal claims of the Rohingya who lived there.” The Rohingya are a minority in Myanmar who the government claims are not citizens, but illegal migrants. Their only legal claim to living in Myanmar is that they have been doing so for generations.

Additionally image of destroyed village. Photo Courtesy of DigitalGlobe.

Recently, Bangladesh and Myanmar settled on a repatriation timeline for refugees in Bangladesh. But this action may make returning home not an option.

Officials within Myanmar have stated that they have built houses in over 20 Rohingya villages. A social welfare minister stated that the bulldozing is actually part of a plan to build back villages of a higher standard on or near Rohingya places of origin for the returning refugees.

For more information, please see:

Human rights watch – Burma: Scores of Rohingya Villages Bulldozed – 23 February 2018

NPR – PHOTOS: Myanmar Apparently Razing Remains Of Rohingya Villages – 23 February 2018

Aljazeera – Myanmar accused of ‘bulldozing’ proof of crimes against Rohingya – 23 February 2018

Two Former Baltimore Police Officers Convicted in Federal Investigation

By: Karina Johnson
Impunity Watch Reporter, North America

BALTIMORE, Maryland — On Monday, February 12, 2018, two former detectives from the Baltimore Police Department were convicted of racketeering conspiracy, racketeering, and robbery as a part of an ongoing federal investigation into widespread corruption within the department.

Federal Prosecutors spoke to the press following the guilty verdict of members of the Baltimore Police Gun Trace Task Force. Photo Courtesy of The Baltimore Sun.

The two detectives, Daniel Hersl and Marcus Taylor, face maximum sentences of 60 years each, are part of a larger group of eight police officers from the Baltimore Police Gun Trace Task Force that was indicted on March 1, 2017.  The jury deliberated for 12 hours before delivering the guilty verdicts for each officer.

The officers were accused of falsifying hours worked for overtime pay, filing false court paperwork, and robbing and extorting citizens.  Allegations extended to officers reselling the drugs and guns that they had seized from the streets.  Six of the eight officers pled guilty to the charges, and the remaining two were tried in federal court.  These two detectives have been on unpaid leave since their indictment in March 2017. The Baltimore Police Department is moving to terminate their employment following their conviction.

According to reports from BBC News and AP News, four ex-officers testified for the prosecution during the trial in hopes of a reduced sentence.  Sergeant Wayne Jenkins, the leader of the Gun Trace Task Force since June 2016, pled guilty to stealing drugs from the people he arrested and admitted to planting heroin on a man who was sent to prison.  Other officers told the jury that Jenkins instructed officers under his command to carry BB-guns in their police cars to plant in the even the officers shot an unarmed suspect.

The officers’ testimony further detailed how the Gun Trace Task Force was actually “made up of thugs with badges who stole cash, resold looted narcotics and lied under oath to cover their tracks,” and spoke of officers conducting armed home invasions going back to 2008.  The testimony also alleged wrong-doing, ranging from active participation in crimes to the subsequent cover-ups, from a dozen other officers not involved in the proceedings.  Among those mentioned included the head of Internal Affairs, an unnamed Baltimore assistant state’s attorney, an officer assigned to the police training academy, and homicide detective Sean Suiter.  Detective Suiter was fatally shot with his own gun under mysterious circumstances the day before he was supposed to testify before a federal grand jury in connection with the case.

Following the March 2017 indictment, Baltimore State’s Attorney Marilyn J. Mosby said her office has identified 150 closed and adjudicated cases possibly tainted by the officers’ involvement and that of 50 active cases reviewed, 30 of them had the charges dropped.  More recently, public defenders alleged that there could be several thousand cases going back to 2008 tainted by the officers’ involvement.  As of the date of the verdict, 125 cases involving the indicted officers have been dropped.

The Federal investigations into the Baltimore Police Department were sparked by the acquittal of six officers connected to the 2015 death of Freddie Gray, who suffered a fatal spinal cord injury while handcuffed and transported in the back of a police vehicle.

For more information, please see:

The Baltimore Sun – Attorneys release video from Baltimore Police Gun Trace Task Force raid; criticize state’s attorney for inaction – 14 February 2018

AP News – 2 Baltimore detectives convicted of racketeering, robbery – 13 February 2018

BBC News – Who were the corrupt Baltimore police officers? – 13 February 2018

The Baltimore Sun – The Gun Trace Task Force trial has ended. What is Baltimore doing to prevent future police corruption – 12 February 2018

Los Angeles Times – Baltimore police officers found guilty of racketeering and robbery – 12 February 2018

NPR News – Baltimore Police Officers Convicted in Corruption Scandal – 12 February 2018

Newsweek – Police Unit Steals $100,000 in House Search Without Warrant in Rogue Cop Crime Spree, Prosecutors Say – 25 January 2018

The Baltimore Sun – Prosecutor who raised early questions about Gun Trace Task Force officer speaks out – 8 December 2017

The Washington Post – Convictions in cases involving 7 indicted Baltimore police may be overturned – 23 March 2017

The Baltimore Sun – Seven Baltimore Police officers indicted on federal racketeering charges – 1 March 2017