By Polly Johnson
Impunity Watch Reporter, Africa

TRIPOLI, Libya – Libyan leader Moammar Gadhafi has been put on notice that the International Criminal Court (ICC) will investigate him for alleged crimes against humanity.

The United Nations Security Council this week adopted a unanimous resolution that referred Gadhafi and some of his sons, closest advisors and commanders to the ICC, which will investigate Gadhafi’s regime and its violent response to the anti-government protests that began in Libya on Feb. 15. The protests are aimed at overthrowing Gadhafi from a forty-one year regime.

It is the first time that the ICC, which was created in 2002 as the world’s first permanent war crimes tribunal, has investigated an event as it is ongoing, and the second time it has investigated a sitting head of state. Omar al-Bashir of Sudan has been indicted on three counts of genocide by the court.

ICC prosecutor Luis Moreno-Ocampo made clear that though at this stage Gadhafi and his regime are only under investigation, “If their troops commit crimes, they could be made criminally responsible.

“The allegations are that peaceful demonstrators were attacked by security forces. During the coming weeks, the office will investigate who are the most responsible for the most serious incidents, for the most serious crimes committed in Libya,” Moreno-Ocampo said.

The decision of the UN sends a strong message to Libya and Gadhafi that violence against peaceful protestors will not be tolerated. Allegations against Gadhafi include security forces killing unarmed protesters, airstrikes on civilians and forced displacement.

Since the referral of the investigation, the ICC has already identified alleged war crimes committed by Gadhafi and his regime, including the shooting of protestors in Benghazi on February 15. Eight other atrocities have been identified.

Currently Gadhafi is in Tripoli, Libya’s capital, one of the few places where his supporters and forces maintain control. He has repeatedly vowed to fight to the death to retain his power.

The international community is quickly deciding how best to respond to the crippling situation. Mass casualties, threats of hunger and a refugee crisis are increasing the urgency for a foreign response. The White House has not proposed any imminent action. A “no-fly” zone was proposed earlier this week, but President Barack Obama’s national security aides cautioned that such a plan would likely have a limited impact.

Moreno-Ocampo has vowed that the investigation will move swiftly.

“No one has the authority to attack and massacre civilians. We have a mandate to do justice and we will do it.”

For more information, please see:

AP – Officials: No-fly zone may have limited impact – 9 March 2011

Arutz Sheva – Int’l Criminal Court at The Hague to Probe Libya War Crimes – 3 March 2011

CNN – Gadhafi faces investigation for crimes against humanity – 3 March 2011

Haaretz – ICC probing Gadhafi, inner circle for crimes against humanity – 3 March 2011

Telegraph – Libya: Col Gaddafi to face ICC war crimes probe – 3 March 2011

Human Rights Watch – UN: Security Council Refers Libya to ICC – 27 February 2011

By Daniel M. Austin
Impunity Watch Reporter, Africa

GENEVA, Switzerland – According to the United Nation High Commissioner for Refugees (UNHCR) the number of civilians crossing the border from Libya to Tunisia has dropped dramatically since Wednesday March 2. The UNHCR suspects that refugees trying to flee the violence in Libya are either being harassed or prevented entirely from crossing into Tunisia by heavily armed pro-government mercenaries loyal to Col. Moammar Gadhafi. In response to continuing violence in Libya, several nations have mobilized aircraft and naval assets to assist in evacuating refugees and to support a humanitarian mission in both Tunisia and Libya.

The UNHCR claims that on Wednesday, March 2 as many as 10,000 to 15,000 people were crossing the border between Egypt and Libya. However by Thursday, March 3, the number had dropped to 2,000 people. Civilians that have made it across the border claim mercenaries robbed them of their mobile phones, laptops, cameras and money. Along with their valuables being stolen, the UNHCR claims that those who did cross the border appeared frightened and did not want to speak with U.N. representatives. Additionally, there has been claims that government forces have been confiscating electronics equipment like cameras so images of the violent clashes between rebels and pro-government forces cannot reach the outside world.

On Friday, the United Nations estimated that nearly 200,000 people have already fled the fighting in Libya. As the violence continues, several nations have committed airplanes and naval vessels to help evacuate stranded migrants and provide humanitarian supplies to the civilians massing at the Libya-Tunisia border. The United States has dispatched two planes to this border area to deliver humanitarian supplies such as water, blankets, and plastic sheets. A Pentagon spokesman claims that after the humanitarian supplies are delivered, the aircraft will be used to shuttle migrants from Tunisia to Egypt.

European nations are also taking an active role in helping to ferry migrants and deliver badly needed supplies. The French government has sent several planes to the Tunisian resort island of Djerba to pick up refugees and transport them to Egypt. Furthermore, the Italian government has sent aircraft and was planning to send a cargo ship full of supplies to the rebel controlled city of Benghazi.

According to United Nations spokesperson, Valorie Amos, food and supply lines are going to become more stressed as the conflict drags on. In particular, she claims that in rebel controlled regions food, medicine, and fuel supplies will begin run out in less than 15 days.

For more information, please see:

AFP — Pro-regime forces man Libyan-Tunisia border: UNHCR – 4 March 2011

Al Masry AlYoum —UNHCR fears civilians may be prevented from fleeing Libya – 4 March 2011

UN News Centre — UN refugee agency ‘very concerned’ civilians being prevented from fleeing Libya – 4 March 2011

Wall Street Journal – Libyan Evacuations Slow, Raising U.N. Fears—5March 2011

by Laura Hirahara
Impunity Watch Reporter, Africa

Video of Attack on Ivory Coast Protesters- Warning: Content is graphic, viewer discretion is advised (Video courtesy of CNN)

ABIDJAN, Ivory Coast– In the midst of a protest held today by over 5,000 women in the Ivory Coast capital city of Abidjan in the southern district of Abobo, tanks entered the area and began shooting on the crowd, killing at least six women and injuring dozens more.  As the video from CNN shows, the women were engaging in a peaceful demonstration that included chants and singing and according to observers, they appeared to be unarmed.  The women gathered to protest the ongoing violence that has occurred since President Laurent Gbagbo lost the election in December and has refused to leave office.  Gbagbo has denied responsibility for the attacks and says his security and military forces were not in the area today, despite the fact that one tank was emblazoned with the word ‘Police’.

One of the protesters gave an account to BBC after the shooting, telling the reporter that she saw eight women killed during the attack, including a pregnant woman.  She said as she ran, another woman next to her was shot in the head.  “We have no idea why they shot at us. . . I don’t know how I managed to get away unharmed. . . .Only God knows how I escaped the killing.”  The street quickly cleared as clothes, bags and shoes were left, abandoned by the women trying to escape the gunfire.

The women had gathered to protest Laurent Gbagbo’s presidency, holding signs that called him an assassin and robber of power.  During the protest, many women blew on whistles, joining chants and singing as others danced.  The crowd became silent as the three tanks rolled into view.  With no warning, shots came from the tanks and the women starting fleeing.  Observers rushed to pull the bodies of the slain women from the street as the tanks continued to drive through the area.

Violence has been building in intensity in the capital and the country as a whole since the election results were announced in December of last year.  Gbagbo’s opponent, Alassane Ouattara, won just over 54% of the vote, a result verified by the UN and recognized by the international community.  However, Gbagbo has said that the results, especially from the polls in the north where Ouattara garners the most support, were falsified.  Specific religious and ethnic groups are being targeted due to political party divides in the Ivory Coast.  Gbagbo is the leader of the Christian party, located largely in the southern region and Ouattara is the leader of the Muslim party, located mainly in the north.  Security forces and military troops have been targeting those with Muslim last names as well as those who openly support Ouattara.

As Ouattara attempts to run his cabinet out of a hotel guarded by UN security forces, the African Union in charge of resolving the dispute have declared they are extending their deadline for the second time to March.  The UN has also stated that the escalating violence is making it difficult to continue providing humanitarian aid to people in the Ivory Coast.  Many are fearful that this violence will lead to a renewed civil war as plumes of black smoke from burning tires can be seen each day in the Abidjan skyline.  Even Gbagbo’s supporters are growing weary of the situation.  Said teacher Frank Agny, “I voted Gbagbo, but I don’t understand how a leader of this country can use tanks and break human rights like this. We don’t want war, but only Gbagbo will be to blame if it happens.”

For more information, please see;

BBC– Ivory Coast: Parts of Abidjan Resemble War Zone– 4 March, 2011

BBC– Ivory Coast Eye Witness: Women ‘Slaughtered By Soldiers’– 4 March, 2011

CCN– Video Documents Carnage in Ivory Coast– 4 March, 2011

TIME– Ivory Coast Massacre: Army Mows Down Female Protesters– 4 March, 2011

NEW YORK CITY, United States of America – On Saturday, members of the United Nations Security Council voted unanimously to impose sanctions on Libyan leader Col. Muammar el-Qaddafi, members of his immediate family, and high ranking officials in his regime for their role in the violent crackdown on government protesters. The council also approved a measure to investigate possible international war crimes and crimes against humanity for the unlawful killing of civilians over the last few weeks.

Contained in the resolution are several key provisions which ban international travel for Libyan government officials as well as a directive to freeze the assets of Libya’s leaders. Specifically, this declaration is directed at Mr. el-Qaddafi, his four sons, his daughter, and 10 prominent government officials.  Furthermore, this resolution provides for an arms embargo against the Libyan government.

According to the United States representative to the United Nations, Susan Rice, this resolution sends a “clear warning to the Libyan government that it must stop the killing.” The United Nations estimates that more than 1,000 civilians have been killed in attacks throughout the country since the uprising began.

Initially, Security Council members disagreed about whether to refer Mr. el-Qaddafi and other officials to the International Criminal Court for prosecution. However, the atmosphere changed when the Libyan delegation and its U.N. representative Abdurrahman Shalgam sent a letter to the Security Council president, Ambassador Maria Luiza Ribeiro Viotti of Brazil supporting the war crimes investigation by the ICC. Mr. Shalgam’s voice was crucial in helping this portion of the resolution pass.

This was only the second time the U.N. Security Council has recommended a member nation be investigated by the International Criminal Court for possible war crimes or crimes against humanity. The quickness with which this resolution was taken up and passed was surprising. Reports from the U.N. Security Council chambers claim the representative are deeply concerned about violence directed at civilians and members were focused on drafting a resolution that effectively deals with this crisis.

Saturday’s resolution comes a day after the United States government unilaterally froze billions of dollars of assets belonging to the Libyan government as well as property belonging to several Libyan officials. According to President Barack Obama, he signed the executive order because the violence and instability has become “an unusual and extraordinary threat” to the security of the United States and their foreign policy objectives.

For more information, please see:

BBC — Libya: UN Security Council votes sanctions on Gaddafi—27 February 2011

New York Times — Security Council Calls for War Crimes Inquiry in Libya – 26 February 2011

The Telegraph — We must stand ready to intervene in Libya – 27 February 2011

Voice of America News– UN Security Council Imposes Sanctions on Libyan Leaders – 26 February 2011

by Laura Hirahara
Impunity Watch Reporter, Africa

FIZI, SOUTH KIVU, DR Congo-Lieutenant-Colonel Daniel Kibibi Mutware and 11 other soldiers under his command were sentenced to prison terms ranging from 10-20 years today in the Democratic Republic of Congo after facing trial for the New Years day mass rape in the South Kivu village of Fizi.  Forty-nine female victims from Fizi testified, saying that the colonel and his soldiers carried out an attack that last for nine hours during which soldiers kicked down doors, stealing money from the homes and raping the women.  One witness brought the clothes she had been wearing the night of the attack and threw the bloody, torn garments on the ground as she testified.  One grandmother from the village recounted being beaten and raped by 12 soldiers in front of her husband and children.  Despite Mutware’s defense that he is a “valiant soldier”, presiding judge Freddy Mukendi stated, “He did not prevent his soldiers from carrying out these acts, so in consideration of the Treaty of Rome and the Congolese military penal code, Colonel Kibibi and the other soldiers have committed crimes against humanity by rape, by terrorism and by inhuman acts.”

While today’s decision is remarkable in a country where few war-rapes are ever prosecuted, many say this is only a first step.  Witnesses at the trial say that many of the soldiers responsible for the January attack are still in and around Fizi.  According to the court, only those perpetrators that could be identified by witnesses were charged.  However, in the DR Congo and many other countries, rape carries with it a stigma that can lead to divorce and ostracization from the community.  Several of the victims hid in the forest surrounding Fizi for three weeks instead of returning to their homes.  Some of the women are just now coming forward, including one elderly woman who returned from hiding in the forest on Sunday, her face still swollen from the January 1st attack.

The attacks were prompted by the death of one of the soldiers who was stationed in Fizi.  He had been stoned to death after reportedly accosting a young man in the village.  The soldiers, organized under Mutware, gathered at 7 p.m. on New Years day and began that attack until the early morning hours.  Mutware has been convicted to a 20 year prison term and the court authorized damages of up to $10,000 per victim, more than double the amount that has previously been awarded to victims of the DR Congo.

The court, assembled as a mobile unit to reach remote areas like Fizi, is partially funded by international organizations and individuals, including the American Bar Association, Lawyers Without Borders and the UN Mission to Congo.  Many are calling for further efforts to ensure war rape is prosecuted where ever it occurs.  Said Kelly D. Askin of the Open Society Justice Initiative:

Unquestionably, Lt.-Col. Kibibi and his soldiers are more than a little stunned to find themselves on trial before this groundbreaking domestic mobile court. If word about the court is spread around the country, it could have an enormous impact on deterring future crimes, now that the rule of law is finally being enforced domestically, to at least some extent.

For more information, please see;

The Globe and Mail- Congo Colonel Gets 20 Years After Rape Trial– 21 Feb., 2011

The Australian- Congolese Army Colonel Kibibi Mutware Jailed for 20 Years for Mass Rape– 21 Feb., 2011

Reuters Africa– Congo Court Jails Nine Soldiers in Mass Rape Case– 21 Feb., 2011