By: Katherine Hewitt
Impunity Watch Reporter, Asia

NEW DELHI, India – Tensions between India and Pakistan have been increasing recently in relation to control over Kashmir. A new round of conflict began late on March 17, 2018 and continued into the next day. Both India and Pakistan were involved in heavy shelling around the Line of Control, which is the de facto border between the two nations in the Kashmir region.

As a result, several civilians on both sides were injured or killed. In the village of Devta Dhar five people were killed and two were injured on the Indian side of the border by Pakistani troops. All are members of the same family. A shell hit a civilian’s house killing the mother, father, and three sons. The two daughters were hospitalized with critical injuries.

At least 6 others were injured on the Indian controlled side of Kashmir. On the Pakistani controlled side Indian shells wounded 9 people, including 5 women.  Both sides claim that the other side started the firing, and they were just returning fire.

Indian officials see this as a violation of the 2003 cease-fire agreement between the two nations. An Indian military spokesperson said of the situation, “They are specifically targeting civilian areas. Army troops retaliated strongly and effectively to silence Pakistani guns.”

For more information, please see:  

Reuters – Five Indians killed in cross-border shelling by Pakistani troops – 18 March 2018

Gandhara – Five Killed In Pakistani Shelling In Disputed Kashmir – 18 March 2018

The Washington Post – India: Pakistan shelling kills 5 family members in Kashmir – 18 March 2018

By: Katherine Hewitt
Impunity Watch Reporter, Asia

MANILA, Philippines – In a statement on Wednesday, March 14, President Duterte announced that he plans to remove the Philippines from the International Criminal Court (ICC). In accordance with the ICC treaty, the withdrawal will take place a year after official notification of intent to withdraw is received.

The Court opened a preliminary examination into the Philippines as of February 8, 2018 in the context of its “war on drugs.” Findings would be used to determine if investigations for a criminal case should take place. The Court is following the extra-judicial killings that began in July 2016.

Duterte originally allowed the preliminary examination to proceed hoping that the investigation would end accusations of crimes against humanity. However, in his speech, Duterte said his withdrawal was because of “baseless, unprecedented and outrageous attacks” and the ICC prosecutor seeking jurisdiction “in violation of due process and presumption of innocence.”

Authorities believe that there is no need for the ICC to get involved in the situation. In the ICC founding statute, the Court has jurisdiction over a situation only when the country is unable or unwilling to investigate genocide, crimes against humanity, war crimes, and crimes of aggression. Harry Roque, spokesman for Duterte, said that local authorities and the national criminal justice system are capable of carrying out investigations and plan to look into those who violate the laws. Duterte also states that these killings are not crimes against humanity but rather accidental killings of self defense during legitimate police operations.

Yet, international human rights organizations don’t agree. No public evidence of in regards to the extra-judicial killings is available. Human Rights Watch reported, “No one has been meaningfully investigated, let alone prosecuted, for any of the ‘drug war’ killings.”

  For more information, please see:

CNN- Philippines to withdraw from International Criminal Court – 14 March 2018

The Washington Post – The International Criminal Court moved to investigate Duterte. Now he wants out. – 14 March 2018

International Criminal Court – Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on opening Preliminary Examinations into the situations in the Philippines and in Venezuela – 8 February 2018

NPR – Duterte Pulls Philippines Out Of International Criminal Court – 14 March 2018

By: Katherine Hewitt
Impunity Watch Reporter, Asia

 COLOMBO, Sri Lanka – After recent acts of community violence between religious groups in Kandy, Sri Lanka, the government declared a state of emergency. Soldiers are now patrolling civilian areas in the city of Kandy. The declaration will last 10 days, after which the parliament will need to vote on furthering military action.

The violence in Kandy began in March 2018 when a group of Muslim men were accused of killing a Sinhala Buddhist man. Buddhists represent 75% of the population of Sri Lanka. In response, they targeted Muslim-owned businesses, homes, and a mosque, burning them down. Upon their arrest a group of Buddhist monks, known for violence, traveled to Kandy to attempt to release the men. However when they were not successful in their mission, they turned to creating violence in the city. The police stepped in arresting several and setting a curfew.

This is not the first attack against Muslims by Buddhists in Sri Lanka.  Since the end of the Civil War in 2011, tensions between the two religious groups have grown more tense.  A Sri Lankan expert at International Crisis Group notes that Buddhist attacks on Muslim populations occur quite regularly.

The government is concerned about the potential spread of religious violence throughout Kandy and the nation after this last wave. The Prime Minister posted on Twitter “As a nation that endured a brutal war we are all aware of the values of peace, respect, unity & freedom. The Gov[ernment] condemns the racist & violent acts that have taken place over the last few days. A state of emergency has been declared & we will not hesitate to take further action.”

The state of emergency also widens the power of the police to detain suspects. Amnesty International’s South Asia Director, Biraj Patnaik, is afraid that these powers could threaten the rights of minority groups and cautions the Sri Lanka government to follow obligations under International Human Rights Law.

For more information, please see:

Amnesty International – Sri Lanka: State of emergency must respect human rights – 6 March 2018

The Guardian – Sri Lanka declares state of emergency after communal violence – 6 March 2018

Human Rights Watch – State of Emergency Declared in Sri Lanka – 7 March 2018

By: Brian Kim
Impunity Watch Reporter, Asia

BEIJING, China – The legislatures open its annual session with a constitutional amendment to end the two-term limit for President Xi Jinping’s presidency. This move was predicted when President Xi did not nominate a clear successor in October. By removing the two-term limit, President Xi’s status will be elevated to president for life. Since 2012, President Xi Jinping has been tightening control over the country. Over the past five years, he has solidified himself as a father figure and cracked down on his opposition.

The presidency in China combines the three pillars of power in China: president, party chairman, and head of the Central Military Commission. In the 1980s, Deng Xiaoping established the collective leadership model. Since its formation, every leader was expected to hand the power over to its successor for a smooth transition.

Based on Xi’s rule, many analysts believe that the Chinese politics has shifted from collective autocracy to one-man rule. Xi has laid out his vision to turn china into a top innovative nation by 2035. By achieving the “China Dream,” he has proposed to fully modernize the country by mid-century. Moreover, he has lead a campaign to end corruption and end poverty by establishing the National Supervisory Commission.

Xi has also laid out his vision to eclipse the United States as the world’s largest economy and pushing it out of the Asia-Pacific sphere.

On March 4^th, the spokesman for the congress defended the constitutional amendment publicly. Zhang Yesui stated that the move is “conductive to uphold the authority of the (Communist Party) Central Committee with Xi Jinping at the core.”

Although the constitutional amendment is expected to pass with near-unanimous approval, the proposal has been criticized by independent political commentators.

Business Insider – Xi Jinping’s permanent presidency has terrifying ramifications for the Chinese people – 3 March, 2018

The Guardian – Eight signs that Xi Jinping was planning to cement his grip on China – 3 March, 2018

The Washington Post – Xi term-limits controversy looms at China political meeting – 4 March, 2018

By: Katherine Hewitt
Impunity Watch Reporter, Asia

BEIJING, China – At the Party Congress meeting held in late 2017, no successor was named for Chinese President, Xi Jinping. At the time this broke with tradition and left many people with questions about the future of Chinese leadership and governance.

In late February 2018, the Communist Party of China provided an answer to the questions. In a meeting, the party proposed to do away with term limits on the President of China. Since 1982, the numbers of years a president could serve was restricted to two five-year terms. Now, Jinping could be president for life. Some are likening his power and prestige to former Chairman of the Communist Party of China, Mao Zedong.

It is suspected that this proposal will be accepted at the March 5, 2018 meeting. Analysts believe that the Party Congress will justify this action by referencing that Jinping desires a modern and wealthy China by 2050 and only he can deliver on that promise. Hu Xingdou, a political commentator in Beijing, says that keeping Jinping in power “is beneficial to pushing forward reforms and the fight against corruption, but it’s impossible for China to have lifetime tenure again.” He believes term limits will return once Jinping leaves power.

For more information please visit: 

NPR – China Plans To Abolish Term Limits For President Xi Jinping – 28 February 2018

The Diplomat – The CCP’s Proposed Term Limit Change Shocks China – 26 February 2018

Time – Proposal to Scrap China’s Term Limits Could Allow President Xi Jinping to Stay in Office – 25 February 2018