Europe

France May Extend State of Emergency Powers

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

PARIS, France–

France is in the process of extending its state of emergency that has been in place since the Paris attacks in November of last year. The French Prime Minister, Manuel Valls, said that the state of emergency must continue for a “necessary” period of time, despite protests from the UN experts and human rights groups. Prime Minster Valls also said that Europe could not handle the influx of refugees fleeing the “terrible” wars in Iraq and Syria, as it could destabilize the country.

French President Francois Hollande speaks regarding France’s future regarding the nation’s state of emergency. (Photo courtesy of CNN).

Valls’ remarks have ignited international debate about how long an emergency state and extra police powers could exist. The French President, Francois Hollande, has stated that the extension of the police powers is probable, with a final decision likely next week.

The state of emergency was supposed to last for a short period of time, but was extended for three months and set to expire on 26 February, 2016. The government first extended the police powers immediately after the Paris attacks on 13 November 2015. The state of emergency allows police to conduct house raids and searches without a warrant during the day or night, gives police the ability to place people under house arrest without extrajudicial process, and allows for restrictions on large gatherings or protests.

Since the state of emergency has gone into effect, there have been around 3,100 raids and searches, and almost 400 people have been placed under house arrest. Most of the raids and arrests occurred immediately after the attacks, but have substantially slowed down since then. At least 500 weapons have been seized, but over 200 of them have been seized from one person.

The Human Rights League of France has taken a case contesting the state of emergency to the highest court of France. Their reasoning states that it is no longer defensible and “seriously impacts public freedoms.” The court will hear the case next week.

Likewise, the UN has condemned the extension of the police powers, as it “lack[s] clarity and precision of several provisions of the state of emergency and surveillance laws.” Their main problems involve issues with freedom of expression, peaceful assembly, and the right to privacy.

For more information, please see–

CNN–French Parliament considers expanded emergency powers— 19 November 2015

Euronews– France’s national assembly votes to extend state of emergency— 19 November 2015

BBC– Migrant crisis: EU at grave risk, warns France PM Valls— 22 January 2016

The Guardian– France considers extending national state of emergency— 22 January 2016

Julian Assange to be Questioned by Swedish Prosecutors

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

LONDON, England–

Ecuador’s foreign minister, Ricardo Patino, has announced that the Swedish government will be allowed to question Wikileaks founder Julian Assange at the Ecuadorian embassy in London. Assange has been living in the embassy seeking refuge since 2012, awaiting extradition to Sweden on rape allegations.

Julian Assange, the founder of Wikileaks, will be questioned by Swedish prosecutors with the consent of the Ecuadorian government. Assange has been housed in the Ecuadorian embassy seeking asylum since 2012. (Photo courtesy of Telesur).

Assange’s extradition to Sweden was allowed in 2012 after a long legal battle he ultimately lost in supreme court. After his bail was set for extradition, Assange fled to the Ecuadorian embassy out of fear that his extradition back to Sweden would be a pretext for his extradition to America. Both Assange and his supporters believe he could be charged under the U.S. Patriot Act for posting classified documents on the Wikileaks site.

Under Swedish law, Assange cannot be formally charged without an interview taking place. In December 2014, the Swedish Prosecution Authority announced it was making a new request to interview Assange in London. The British government granted the request last June. “When all necessary permits and arrangements are ready, the interview will be performed by the supporting prosecutor to the case, chief prosecutor Ingrid Isgren, together with a police investigator,” the Swedish authority commented.

The Ecuadorian authorities have responded that they are willing to accept Sweden’s petition to question Assange, “as long as the sovereignty of the Ecuadoran state and the laws in the constitution are respected.” Patino requested that the Swedish prosecutors provide their Ecuadorian colleagues with the questions they will be asking Assange, as well as allowing them to place one of their own prosecutors in the room during the interview.

Kristinn Hrafnsson, a spokesperson for Wikileaks, stated that Assange has embraced the “opportunity to deliver his statement to the prosecutor. Julian has been offering his statement to the prosecutor by various means for five years [in total] and for three-and-a-half years since he went into the embassy – whether via videolink or by the prosecutor coming to London. Let’s hope [the interview] can be carried out as soon as possible. Julian is very eager to get his point of view into the investigation.”

For more information, please see–

The Guardian– Julian Assange to be questioned by Swedish prosecutors in London— 15 January 2016

Latino One– Ecuador Announces Cooperation with Swedish Prosecutors in Julian Assange Case— 15 January 2016

Telesur– Ecuador Gives Sweden Green Light for Assange Interrogation— 15 January 2016

South China Morning Post– WikiLeaks founder Julian Assange free to live in Ecuador if cleared of Swedish charges— 16 January 2016

The Hague to Host Kosovo War Crimes Court

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

AMSTERDAM, The Netherlands–

The Dutch government announced on Friday morning that a special court is being set up at The Hague to try war crimes committed during the 1999-2000 war in Kosovo. The conflict set in opposition the Serbian forces against Albanian rebels, with members of the guerrilla Kosovo Liberation Front (KLF) committing alleged atrocities against political opponents and ethnic minorities. The European Union has mandated the trials to facilitate the country’s integration within the EU system.

 

The Kosovo Relocated Specialist Judicial Institution will be hosted at The Hague, pictured above. (Photo courtesy of Balkans Insight).

Although the trials will be conducted in the Netherlands at The Hague, the court will actually be a national court of Kosovo, with international judges applying Kosovo’s criminal laws. It will retain its nature as a court that administers justice outside Kosovo, rather than becoming an international tribunal.

The court was moved outside the jurisdiction of Kosovo due to the sensitive nature of trying war crimes within Kosovo. Many of those who oppose the creation of the court see it as an “insult” to those who fought against Serbian national forces.

“Possible suspects may be seen by sections of Kosovan society as freedom fighters, and witnesses may feel threatened in Kosovo,” hence the reason for cases to be heard abroad. So we are pleased to be able to offer the court a home. It is important for justice to be done,” Dutch Foreign Minister Bert Koenders said.

An EU task force that investigated the alleged war crimes said there was sufficient evidence to prosecute many senior members of the KLA on charges for unlawful killings, abductions, illegal detention camps, sexual violence, and desecration of religious buildings.

The governments of both Kosovo and the Netherlands have agreed to the arrangements for the court, but the parliaments of each country have yet to approve the measures. The costs for the court will be paid through EU funding.

Kosovo Relocated Specialist Judicial Institution will join other war crimes courts in The Hague, including the International Criminal Tribunal for the Former Yugoslavia. The court is expected to begin operating later this year.

For more information, please see–

Balkan Insight– The Hague to Host New Kosovo War Court— 15 January 2016

BBC– Kosovo war crimes court to try KLA suspects in The Hague— 15 January 2016

Expatica– New court to open in The Hague to try Kosovo war crimes— 15 January 2016

Wall Street Journal– Netherlands to Host Kosovo War Crimes Court— 15 January 2016

Russia Lists U.S., NATO as National Security Threats

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

MOSCOW, Russia–

NATO and the United States are among those Russia sees as its greatest threats to national security, according to a paper released and signed by Russian President Vladimir Putin. He accuses the organization of practicing policies of containment, intensifying military activities of member nations, expanding the alliance, and moving military infrastructure closer to Russia’s borders. The paper itself was a reflection of Russia’s national security strategy, which had not been updated since 2009.

A new national security strategy released on New Years Eve by the Russian government lists both the United States and its NATO allies as threats. This is the latest in cooling relations between Russia and the West. (Photo courtesy of Huffington Post).

The document reflects diminishing relations between Russia and the West over the past two years. Tensions began to rise after Russia annexed Crimea and got involved in the war in eastern Ukraine. As retaliation, the West has imposed sanctions on both the Russian government and individuals aiding perceived Russian aggression.

Putin accuses the West and its allies of attempting to “maintain dominance in global affairs” leading to “political, economic, military, and informational pressure” on Russia. The paper also condemns the West for their stance on the conflict in Ukraine, stating, that it appeared the United States supported an “anti-constitutional coup d’etat in Ukraine.”

Reportedly, Putin has told his aides that he wants the West to admit that Russia has the right to intercede in its sphere of influence in Eastern Europe, without any condemnation or undue influence from NATO. He is also looking for ways to weaken the United States’ ties to Europe, and replace its influence with Russia. Through military interventions in both Syria and the Ukraine, Russia hopes to flex its military muscle and demonstrate that its needs must be met just as much as the U.S. and other Western countries.

The document repeats Russia’s criticism of the Arab Spring revolutions and other “color” revolutions in Eastern Europe, stating that the “practice of overthrowing legitimate political regimes is becoming more widespread, provoking domestic instability and conflicts.” Russia further criticizes the West by blaming the rise of the Islamic State on a “policy of double standards which some countries adhere to in the fight against terrorism.”

For more information, please see– 

BBC– Russia security paper designates Nato as threat— 31 December 2015

Financial Times– Putin names Nato among threats in new Russian security strategy— 2 January 2016

Huffington Post– Putin Lists U.S. As One Of The Threats To Russia’s National Security— 2 January 2016

Reuters– Putin names United States among threats in new Russian security strategy— 2 January 2016

Mein Kampf Enters Public Domain, Set to be Republished in Germany

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

 

BERLIN, Germany–

For the first time since the conclusion of the Second World War, Mein Kampf will be available to the general public in Germany. The manifesto, written by Adolf Hitler in 1925, served as a documentation of his plans to take over Germany and lead the country. After the Allied Powers defeated Nazi Germany in 1945, they handed the copyright of the book over to the German state of Bavaria, where local authorities announced they were banning production of the work to prevent igniting racial tensions in the post war period. Since then, Mein Kampf has been completely out of print within Germany, and its dissemination was made a criminal offense.

A copy of Adolf Hitler’s work, Mein Kampf, from 1940. The work has been banned from Germany since the end of WWII. (Photo courtesy of The Atlantic).

Under German law, a copyright can be held through the life of the author, and 70 years after that person’s death. The work enters into the public domain on January 1st of the following year. In Hitler’s case, those seventy years ended on April 30th, 2015, with Mein Kampf entering the public domain on January 1st, 2016.

Munich’s Institute of Contemporary History is set to publish the new edition of Mein Kampf, with thousands of academic notes, intended to give context to the reader.

The ban’s lift has not been without mixed opinions and criticism. Many accept that times have changed since Mein Kampf was first published, but want an updated introduction and editor’s notes to preface the work. An endnote noting work’s relationship to today’s international politics has also been pushed for, so racial tensions will not be reignited as a result of the new publications.

“Mein Kampf is an important historical document and it should not be erased or forgotten, but it remains important to explain clearly what this work set out to achieve,” commented Philippe Coen, president of the European Company Lawyers Association.

German officials have announced they will limit access to the work amid concerns that neo-Nazi sentiments will arise.  The new editions are set to be released on January 8th.

For more information, please see–

The Atlantic–Who’s Afraid of Mein Kampf?— 31 December 2015

NPR–‘Mein Kampf’ Enters Public Domain; Arguably, Anne Frank’s Diary May, Too— 31 December 2015

BBC– Copyright of Adolf Hitler’s Mein Kampf expires— 1 January 2016

CNN– Hitler’s ‘Mein Kampf’ to be republished in Germany next week— 1 January 2016