By Hojin Choi

Impunity Watch Reporter, Asia

TOKYO, Japan – A never ending war has stirred controversy again. Japanese Prime Minister, Shinzo Abe, sent cabinet ministers to Yasukuni Shrine to mourn the dead, a notorious temple where convicted “Class A” war criminals are included. PM Abe himself did not visit the shrine, but sent ritual offering instead.

Friday, August 15^th, marked the 69^th anniversary of the end of World War II. About eighty Japanese lawmakers and two cabinet ministers visited Yasukuni angering neighboring victim countries of the war, such as South Korea and China. Yoshitaka Shindo, Minister of Internal Affairs and Communications, was one of them, and he was not worried about diplomatic tensions that would be caused by his visit. “Many valuable lives perished in the war. I came here to pray so that something like this will never happen again,” he said.

Yasukuni Shrine lists the names, origins, and birthdates of the dead, approximately 2.5 million including soldiers and civilians. Japanese politicians regularly visit Yasukuni not only to mourn the dead, but also to attract the attention of Japan’s conservative voters. Every year, diplomatic disputes arise among the far-east Asian countries because 1,000 convicted war criminals are buried together in Yasukuni including fourteen “Class A” war criminals. Japanese right-wing voters argue that the visits are merely a non-political way to pay respects to the dead. South Korea and China consider them as glorifying Japan’s militarism at the time of the war.

Some world media outlets have focused on the fact that PM Abe did not visit the temple and proposed that his absence was a diplomatic gesture to the neighboring countries. The Washington Post delivered an article under the title, “Japan’s Abe avoids Yasukuni Shrine in hopes of meeting with China’s Xi Jinping.” A German media outfit, Deutsche Welle, had an interview with Shihoko Goto, an analyst of the Woodrow Wilson Center for Scholars, who stated that Abe’s decision not to visit Yasukuni was “a step in the right direction.” According to Goto, his decision “doesn’t mean he won’t consider visiting the controversial shrine again someday in the future.”

The tension between these countries was heated even after the anniversary day as a Japanese media outlet, Asahi Shimbun, revealed on August 27^th that PM Abe sent a written message to the war criminals earlier this year. Abe wrote a message for a ceremony honoring the war criminals, stating that they “sacrificed their souls to become the foundation of the fatherland.”

A South Korean Foreign Minister spokesperson denounced Abe’s message at a recent press briefing, saying “the Prime Minister’s recent words and behavior is to negate the postwar order and make us suspect reflections and apology Japan has shown over the war of aggression and colonial rule in the past.”

Chinese foreign ministry spokesperson Qin Gang said “the Japanese government needs to sincerely reflect on its history of aggression and make a clean break with militarism that provides an important foundation for Japan to rebuild and develop relations with its Asian neighbors after the war.”

 

For more information please see:

BBC – Japanese ministers in Yasukuni shrine visit – 15 August 2014

The Boston Globe – Asia’s never-ending war – 20 August 2014

Deutsche Welle – Fraught with controversy – Japan’s Yasukuni Shrine

The Telegraph – Yasukuni Shrine: the 14 ‘Class A’ war criminals honoured by Japan

The New York Times – Japan’s Premier Supported Ceremony for War Criminals – 27 August 2014

Global Post – S. Korea denounces Abe for message to war-related memorial service – 28 August 2014

The Guardian – China criticises Japan after Shinzo Abe honours war criminals as martyrs – 28 August 2014

By Hojin Choi
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – It took 35 years to make them face justice. An international tribunal sentenced two former leaders of the brutal Cambodian regime, Khmer Rouge, to life in prison. They were found guilty of crimes against humanity, forced transfers, forced disappearances, and attacks against human dignity.

Khmer Rouge, a radical regime of the Communist Party, governed Cambodia from 1975 to 1979. The regime attempted to create an agrarian utopia and abolished religions, schools, and currency to achieve this goal. During the period, the government forced an exodus of millions of its citizens out of towns and cities causing the deaths of nearly 2 million. The leading causes of death included starvation, overwork, and executions. This event, now known as the “Killing Fields,” is detailed by the famous film with the same title.

The two defendants were once in core positions of Khmer Rouge. Khieu Samphan, 83, was the Head of State. Nuon Chea, 88, was the chief ideologist of the regime. Both were the top-level leaders who are now considered accountable for the crimes.

The United Nations supported organizing the international tribunal, and the Cambodians and U.N. formed the court in 2006, known as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC consisted of both Cambodian and international jurists. However, the effectiveness of the ECCC has been criticized for its slow progress as well as the high cost. Before the conviction of Samphan and Chea, it had convicted only one defendant, Kaing Guek Eav, the director of a notorious prison where about 14,000 inmates died. Kaing Guek Eav was also sentenced to life imprisonment. The ECCC has spent $200 million so far.

Amnesty International, the human rights organization, reported the verdict as “an important step towards justice.”

Outside the court room, many survivors and aggrieved families gathered together and cried when the verdict was announced. “It’s important for the young population to learn this lesson so that we can prevent such atrocity from occurring anywhere, not just in Cambodia,” Survivor Youk Chang said. He also said it was “a little too late for many.”

Reportedly, the defendants lawyers are seeking to appeal while the defendants are in detention. Further investigations and trials will continue on Khmer Rouge genocide cases. However, it does not appear as though the ECCC has all the relevant individuals and documents.  For the most part, these resources are too old to be acquired.

Other cases involving Khmer Rouge leaders will remain unresolved. Ieng Sary, the former Foreign Minister of Khmer Rouge, died in 2013 while the case was being prepared. His wife Ieng Thirith, the former Social Affairs Minister, was dismissed from the case due to her health condition. The top leader of Khmer Rouge, Pol Pot, died from a heart attack shortly after being arrested in 1998.

 

For more information, please see;

USA Today – Cambodia tribunal convicts Khmer Rouge leaders – 8 August 2014

BBC – Top Khmer Rouge leaders guilty of crimes against humanity – 7 August 2014

The Phnom Penh Post – ‘I will not go to the court, even if they come to arrest me’ – 9 August 2014

International Business Times – Top Khmer Rouge Leaders Sentenced To Life In Prison For Crimes Against Humanity – 7 August 2014

By Hojin Choi

Impunity Watch Reporter, Asia

KABUL,Afghanistan – The Afghan election commission announced that presidential candidate Ghani won 56.4% of the vote in the runoff contest, and another candidate Abdullah earned 43.6%. During the initial contest, Abdullah had won the first round getting 45% against Ghani’s 31.6%. Although Ghani received the majority of the votes in the runoff, the validity of results is still unknown because millions of ballots are suspected of fraud.

Abdullah and his supporters officially rejected the result of the election. “We consider this as a coup against people’s votes,” said a spokesperson for Abdullah’s camp. Abdullah said during a TV news conference that he will not accept the election’s result unless the fraudulent votes are separated from the clean votes. Abdullah also insisted that outgoing president Hamid Karzai, Ghani, and the election commission colluded together against him.

Millions of ballots may be subjected to review. The Independent Election Commission acknowledged that vote rigging had occurred. The commission said nearly 23,000 polling stations and 1,930 ballot boxes would be audited, and the audit includes regions where the turnout was estimated as 100%.

Ghani claimed his grass-roots mobilization got voters out, despite mounting violence during the runoff.

Some of Abdullah’s supporters warned of “widespread civil unrest” and suggested establishing “parallel governments.” Ghani rejected this suggestion and said “talk of parallel governments will remain in the level of talk, because the historic responsibility that his excellency Dr. Abdullah and I as people who have submitted ourselves to the will of the people of Afghanistan have is to ensure the stability of this country and the legitimacy of the regime to which we have devoted our lives.”

U.S. Secretary of State John Kerry warned both camps against trying to seize power. “There is no justifiable recourse to violence or threats of violence, or for resort to extra-constitutional measures or threats of the same,” Kerry said. “Any action to take power by extralegal means will cost Afghanistan the financial and security support of the United States and the international community.” Kerry added that the suggestion of parallel governments is a grave concern.

The Independent Election Commission emphasized that the announcement of tentative results is not a declaration of winner. Afghan Chief Electoral Officer Ziaulhaq Amarkhil was accused by Abdullah’s camp of fraud, and Amarkhil resigned immediately after releasing the results. He has denied any wrongdoing.

 

For more information please see:

Impunity Watch – Afghan Presidential Runoff Peppered with Over 150 Terror Attacks – 16 June 2014

New York Times – Tentative Results in Afghan Presidential Runoff Spark Protests – 7 July 2014

Wall Street Journal – Ghani Leads Afghan Vote, But Fraud Charges Hang Over Results – 8 July 2014

CBS – Afghan presidential candidate Abdullah Abdullah rejects election results – 8 July 2014

Washington Post – Afghan presidential candidate Abdullah preemptively rejects election results – 6 July 2014

CNN – Ghani leads Abdullah in Afghan election, officials say – 8 July 2014

Reuters – Afghanistan’s Abdullah rejects election result as ‘coup’ against people – 7 July 2014

By Hojin Choi

Impunity Watch Reporter, Asia

 

SEOUL, South Korea – The International Criminal Court (ICC) declined to initiate a full investigation into two North Korean attacks against South Korea in 2010. The ICC typically deals with cases of genocide, crimes against humanity, and war crimes. Although North Korea is not a member of the ICC, attacks on a member country, such as South Korea can give rise to jurisdiction over the possible war crimes.

The first attack was the sinking of the South Korean corvette, Cheonan, in the West Sea of Korea on March 23, 2010. North Korea officially denied any involvement with the incident, but South Korea and international inquiries revealed that a North Korean torpedo struck the corvette. 46 sailors died at the scene.

The second attack occurred approximately 8 months later at Yeonpyeong Island in the West Sea. North Korea launched artillery attacks on the island causing the death of two South Korean soldiers and two civilians.

The ICC initiated a preliminary probe of the two incidents, but prosecutor Fatou Bensouda concluded that there was not enough evidence to initiate a full-blown investigation. The first attack on the Cheonan corvette was “directed at a lawful military target and would not otherwise meet the definition of the war crime of perfidy as defined in the Rome Statute,” the prosecutor said. Of the artillery attack, he said that while it did kill civilians there was not enough information establishing a “reasonable basis to believe that the attack was intentionally directed against civilian objects or that the civilian impact was expected to be clearly excessive in relation to the anticipated military advantage.” According to the Prosecutor’s office, North Korea has not cooperated with the ICC to provide relevant information and evidence.

However, it is still questionable whether the attack did not target civilians. During the artillery attack on Yeonpyeong Island, 230 shells were fired by North Korea and about 30 of them hit on residential areas. About 50 landed on the sea. The wide range of attack did not seem to be focused on only military bases and facilities.

Even though the ICC will not initiate a full investigation, it will resume the examination if there is new information or evidence presented. The decision “in no way should be construed as condoning in any way” North Korea’s violent attacks, the prosecutor said.

Besides the two attacks, the United Nations and ICC have recently considered the possibility of prosecuting North Korea for crimes against humanity. The U.N. Commission of Inquiry on Human Rights reported that North Korea should be referred to the ICC for the alleged crimes. The U.N. Human Rights Council adopted a resolution demanding the Security Council take action against North Korea. Moreover, U.N. Human Rights Investigators reported that the ICC would find merit in prosecuting the humanity crimes in North Korea. One U.N. report, which accused North Korea, compared the crimes with Nazism.

South and North Korea signed an armistice agreement in 1953, but have no effective peace treaty. The two countries technically remain at war.

 

For more information, please see:

International Criminal Court – The Prosecutor’s Report – June 2014

Channel NewsAsia – ICC declines to open N Korea war crimes probe – 23 June 2014

Jurist – ICC prosecutor finds no grounds to investigate North Korea war crime allegations – 25 June 2014

Voice of America – ICC: No N. Korea War Crimes Probe – 24 June 2014

Reuters – International court says will not investigate 2010 attacks on South Korea – 23 June 2014

 By Kathryn Maureen Ryan
Impunity Watch Managing Editor

Islamabad, Pakistan – A newlywed couple was murdered at the hands of the bride’s family in an honor killing in eastern Pakistan police said Saturday. The newlyweds, Sajjad Ahmed, aged 26, and Muawia Bibi, aged 18, were married on June 18 in the Punjab region of Pakistan without the consent of the Bibi family. Police say the girl’s father and uncles lured the couple back to their home promising that they would give their blessings to the union.

Members of the Bibi family then reportedly tied and decapitated the couple, while there were no outside witnesses the family members turned themselves into policy and are now jailed in Punjab. The family members say they were embarrassed by the girl’s marriage because she married a man who they considered to be from a less prominent tribe.

These so called honor killings are not uncommon in Pakistan. According to the country’s human rights commission 869 women were victims of honor killings last year. Honor killings such as this most recent horrific murder often originate from tribal traditions in Pakistan and are most commonly carried out in rural communities. Human rights activists say that in many cases bystanders, including police officials, don’t often step in and interfere because the killings are regarded as family matters.

According to the United Nations, approximately 5,000 women across the globe are murdered by family members in honor killings every year. However, many advocacy groups believe the crime is under-reported and the actual number of women killed at the hands of their own families in the name of “honor” is much higher.

A number of honor killings have made international news in Pakistan in recent months, drawing awareness to this horrendous trend. Earlier in June 18 year-old Saba Masqood was found inside a sack after she was left for dead in a canal in Pakistan by her brother and father.

A coalition of religious leaders in Pakistan has responded to the honor killing crisis by issuing a fatwa against honor killings, calling them “un-Islamic” and “highly condemnable.” The fatwa came just days after 25 year-old Farzana Parveen was killed by about two dozen relatives, including her father and brothers, in front of Lahore High Court as onlookers watched but did not intervene to saver her.

“A daughter is a gift by Allah. And the feeling of being dishonored by your daughter is forbidden in Islam,” the edict issued by the group read. “Killing one’s daughter and humiliating them is a sign of ignorance.”

For more information please see:

CNN International – Pakistani Newlyweds Decapitated by Bride’s Family in Honor Killing – 29 June 2014

The New York Times – Family Kills Pakistani Couple After They Married For Love – 28 June 2014

Al Jazeera America – Faith Leaders in Pakistan Issue fatwa Against ‘Un-Islamic’ Honor Killings – 1 June 2014

Human Rights Commission of Pakistan – State of Human Rights 2013 – March 2014