News

U.N. Report Finds Possible War Crimes Committed in Gaza by Both Israel and Palestinian Militants

By Brittani Howell

Impunity Watch Reporter, Middle East

 

JERUSALEM, Israel – The United Nations released a report on Monday concluding that war crimes may have been committed by both Israel and Palestinian militants during the 2014 conflict in the Gaza Strip. The investigation revealed “serious violations of international humanitarian law.”

Shoppers take cover in shopping mall as air raid siren warns of incoming rockets on July 10, 2014. (Photo Courtesy of New York Times)

The report found that 2,251 Palestinians were killed, 1,462 of whom were civilians. It was also found that 67 Israeli soldiers were killed, as well as six civilians. Children on both sides were “savagely affected,” the report concluded. “Children on both sides suffered from bed-wetting, shaking at night, clinging to parents, nightmares, and increased levels of aggressiveness.”

The conflict, which ended with a truce, lasted for 50 days during July and August 2014. On June 12, 2014 three teenagers had been kidnapped and killed by two Hamas militants. Israel cracked down against Hamas who responded with rocket fire. Israel in turn began a military operation and launched an offensive against Gaza Strip.

The report stated that Israel launched 6,000 airstrikes, 14,500 tank shells, and 35,000 artillery shells. Palestinians were found to have used 4,881 rockets and 1,753 mortars.

It was found that Israel used artillery in residential areas, which violated rules of “distinction, precaution, and proportionality.” These violations could constitute as a war crime. In addition, attacks on medical and school facilities that had been used as shelters may be considered another war crime.

Israel dismissed the investigation and refused to co-operate stating that the investigation was “politically motivated and morally flawed.” Israel’s Foreign Ministry stated that the report, “failed to recognize the profound difference between Israel’s behavior… and the terror organization it confronted.”

The report also found that Palestinian armed groups, “indiscriminate nature of most of the projectiles launched into Israel and the targeting of civilians” may constitute a war crime. Palestinian officials, while reviewing the report expressed a commitment and respect for international laws. A Hamas official rejected the reports findings that Palestinians committed any war crimes, arguing that military sites had been targeted not civilian areas.

International humanitarian law requires that there be sufficient warning when civilian areas may be affected by attacks. Israel used roof-knocks, small strikes that precede major attacks. The report found that these however do not constitute as an effective warning.

The UN Human Rights Council (UNHRC) led the investigation, which resulted in a 217 page report based off 280 interviews with witnesses and victims, 500 written submissions, and other publically available sources. The investigation began with William Schabas as head, but Mary McGowan Davis, took over after allegations of bias. William Schabas had previously done work for the Palestine Liberation Organization.

The UN Human Rights Council will discuss the report this month. Ms. McGowan Davis stated that the report must not be considered a judicial process but rather as objective findings to lay groundwork for further investigation.

For further information, please see:

BBC- Gaza Conflict 2014: ‘War Crimes by Both Sides’- UN – 22 June 2015

CNN- Israel, Palestinians Both may Have Committed War Crimes in 2014 Conflict – 22 June 2015

New York Times- U.N. Report on Gaza Finds Evidence of War Crimes by Israel and by Palestine Militants – 22 June 2015

Reuters- Israel, Palestinians may Have Committed War Crimes in Gaza: U.N. Report– 22 June 2015

Family of Yemeni Drone Strike Victims Files Lawsuit in US

By Brittani Howell

Impunity Watch Reporter, the Middle East

SANA’A, Yemen – On Sunday, a family member of two Yemeni men killed by a US drone strike filed a lawsuit against the United States seeking the deaths be acknowledged as unlawful. Monetary compensation is not sought; rather the families want a public apology.

Mr. Faisal bin Ali Jaber filed lawsuit in United States Federal Court on Sunday. (Photo Courtesy of The International)

In April, US President Obama publicly apologized for an inadvertent airstrike in Pakistan that killed two hostages, one American and one Italian. The lawsuit questions why, “the President has now admitted to killing innocent Americans and Italians with drones; why are the bereaved families of innocent Yemenis less entitled to the truth?”

The two men were killed in August 2012 by Hellfire missiles. Salem bin Ali Jaber, a cleric, and Waleed bin Ali Jaber, a traffic police officer, met with three young men the day they were killed. The US never publically acknowledged that the three young men were al-Qaeda members, but the operators appeared to have evidence that they were members of al-Qaeda and assumed the other two, Salem and Waleed, were too.

Days before the attack, Salem bin Ali Jaber, had given a sermon speaking against the beliefs of al-Qaeda. When the young men asked to see him after the service, family members sent them away fearing the young men were from al-Qaeda and thought the men were upset with the sermon. Salem agreed to meet the men the day of the incident and Waleed went along for protection.

The lawsuit was filed in United States Federal District Court by Faisil bin Albi Jaber with the assistance of the human rights group, Reprieve. Fasil bin Albi Jaber was the brother-in-law of Salem and the uncle of Waleed. Faisil bin Albi Jaber, filed suit as next of friend, in place of immediate family members, because he was in a better position to bring a lawsuit.

According to the Bureau of Investigative Journalism, 423 civilians have been killed as a result of President Obama’s drone strike program. Mr. Jaber’s lawyer commented, “Not only were his two relatives among the hundreds of innocent civilians who have been killed by this misguided, dirty war – they were the very people we should be supporting.”

Last year, the Yemeni government compensated the families of Salem and Waleed with $155,000, which Reprieve states was from the United States government.

Letta Taylor, a senior researcher on terrorism and counter-terrorism for Human Rights Watch stated, “It’s shocking that family members would have to take a request as basic as an acknowledgement of death of loved ones to a court almost halfway around the world, simply because they aren’t American.”

For further information, please see:

New York Times- Families of Drone Strike Victims in Yemen File Suit in Washington – 8 June 2015

Reuters- Yemeni Families sue US, Allege ‘Wrongful Deaths’ From Drone Strike- 8 June 2015

The Guardian – Yemen Drone Strike Lawsuit Forces US to Face Non-Western ‘War on Terror’ Victims – 8 June 2015

The Independent – Family of US Drone Strike Victims Files Lawsuit Demanding President Obama Apologize for Yemen Killings – 8 June 2015

Senate Debate Looms as Patriot Act Temporarily Expires

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — Key parts of the Patriot Act expired at midnight, after a bitterly divided Senate adjourned after failing to reach an agreement during a rare Sunday session to extend the anti-terrorism law. However, the Senate did vote to advance the White House backed Freedom Act, so a new form of data collection may be approved in the coming days.

Kentucky Senator Rand Paul (R-KY) After Temporarily Blocking the Patriot Act. (Photo Courtesy of NY Times)

The Senate will reconvene at midday Monday to consider changes to the Freedom Act that would curtail the government’s authority to sweep up vast quantities of telephone records.

Hamstrung by procedural rules that require the consent of all lawmakers, the Senate is unable to restore the lapsed authorities until at least Tuesday. The Senate will next vote to end debate Tuesday on the USA Freedom Act, and on amendments intended to make it more palatable.

The USA Freedom Act, backed by the White House and passed earlier by the GOP-led House, easily cleared a filibuster in a 77-17 vote that appeared to set the stage for its eventual passage. The Freedom Act would require the NSA and Federal Bureau of Investigation to obtain phone records for most counterterrorism investigations and other probes on a case-by-case basis from telecommunications companies.

The expiration of three key provisions of the Patriot Act means that, for now, the NSA will no longer collect newly created logs of Americans’ phone calls in bulk. However, the Justice Department may invoke a so-called grandfather clause to keep using those powers for investigations that had started before June 1.

Jameel Jaffer, deputy legal director of the American Civil Liberties Union, commented on the impact of the USA Freedom Act. “It would probably be the first time since 1978 that Congress has significantly narrowed the government’s surveillance authority or made structural changes to the legal framework that governs foreign intelligence surveillance.”

This new wave of sweeping reform to the NSA surveillance programs authorized by the Government comes following the Edward Snowden leaks in 2013. While the Freedom Act marks a legislative change, the Snowden leaks have led to a number of other changes.

For instance, the White House vowed it would be more transparent about the scope of intelligence gathering, such as declassifying numerous executive orders and legal opinions tied to government surveillance. Additionally, technology companies reached a settlement with the U.S. government which allows firms to disclose more about the national security requests for business or personal information.

However, it is important to note that the end of bulk telephone collection program doesn’t mean the end of debates about national security and privacy.

For more information, please see:

BBC — US surveillance powers expire as Senate deal fails — 1 June 2015

MSNBC — Key Patriot Act provisions expire … for now — 1 June 2015

NY Times — Senate to Take Up Spy Bill as Parts of Patriot Act Expire — 1 June 2015

Politico — Senate fails to save PATRIOT Act — 1 June 2015

Wall Street Journal — U.S. Spy Architecture Pared Back as Part of Patriot Act Expires — 1 June 2015

Saudi Arabia Mosque Bombing Claimed by the Islamic State

By Brittani Howell

Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – On Friday afternoon, a suicide bomber dressed in women’s clothing detonated his bomb in front of a Shi’ite mosque killing three other people. The Islamic State claimed that they were behind the bombing, making this the second in two weeks.

Suicide bomber detonated bomb outside Shiite mosque. (Photo courtesy of BBC).

One week ago, the Islamic State claimed to be behind a bombing of a Shi’ite mosque, which killed 22 people.

The majority of Saudi Arabia is Sunni Muslim with a minority being Shi’ite Muslim. The attack occurred in al-Qadeeh, a predominately Shi’ite neighborhood. On Friday night, Shi’ite protesters in Dammam and al-Qadeeh demanded an end to sectarianism.

Some have suggested that Saudi Arabia has not done enough to deter online abuse of Shi’ites, suggesting that the online abuse is a gateway to overt acts against the minority sect.

The Islamic State admits to pursuing sectarian goals. The Islamic State wanted to aggravate the tension between the Saudi Arabia state and Saudi Arabian Shi’ites. Currently, Saudia Arabia is leading a coalition in an air campaign in Yemen against the Shi’ite Houthi rebels. Saudi Arabia denies any sectarian objectives in forming the coalition against the Houthi rebels.

A witness to the bombing claimed to have seen a quick explosion and men preventing the bomber from entering the mosque. Security guards had become suspicious of a man in a vehicle near the mosque, and when they approached the vehicle, it exploded. The explosion resulted in other cars catching on fire and the death of three Shi’ite worshipers.

Of those killed, one was an undergraduate student at Wichita State University. Abduljaleel Alarbash was returning to Saudi Arabia to be married and intended to return to school in the fall.

The Islamic State identified the bomber as Abu Jandal al-Jazrawi. The Islamic State posted online that the bomber was a “soldier of the Caliphate.” Saudi Arabia has previously been threatened by the Islamic State because of Saudi Arabia’s involvement in a U.S. coalition against the Islamic State.

For further information, please see:

 BBC- Saudi Arabian Mosque Hit by Bomb Attack – 29 May 2015

CNN- ISIS Claims 2nd Saudi Mosque Attack– 29 May 2015

New York Times- Explosion Near Shiite Mosque Kills 4 in Eastern Saudi Arabia – 29 May 2015

Reuters- Islamic State Suicide Bomber in Women’s Garb Kills Three in Saudi Arabia– 29 May 2015

Peace Talks, And Violence, Resumes In Colombia

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BOGOTA, Colombia — The Colombian military conducted strikes against FARC rebels on Monday, the same day peace talks resumed between government and rebel representatives in Cuba. The Colombian air force bombed rebel positions near Riosucio in the Choco province.

The strikes reportedly killed FARC commander Alfredo Alarcon Machado, known as Ramon Ruiz, who led the 18th division operating out of north-west Colombia.

The strikes yesterday were the latest in the new wave of fighting between government forces and rebels since fighting resumed in April.

26 FARC rebels were also killed on Thursday May 21 in a military operation against rebels in Southwestern Colombia. The operation was reportedly part of an ongoing offensive against illegal drug and mining activities in the area.

Following the attack, the FARC suspended their unilateral ceasefire.

In December 2014, the FARC declared a unilateral ceasefire as a show of good faith in the peace talks. The Colombian military did not call a ceasefire, citing previous incidences where the rebels had used ceasefires as a way to regroup and re-arm, but did discontinue its bombing campaigns against rebel forces.

Colombian military forces resumed the bombing campaign against the rebels after April 15, when FARC rebels ambushed and killed 11 Colombian soldiers in Cauca. Following the ambush, President Juan Manuel Santos ordered the military to resume bombing.

Colombia’s Inspector General Alejandro Ordoñez is opening an investigation into the ambush, following an investigation by the NGO, Broad Front for Peace. The NGO reported eyewitness accounts which differed with the military’s version of the incident, but also with other eyewitness attacks.

Ordoñez will look into whether there was a failure to follow protocol, and whether details of the attack specifically regarding weapons used was concealed from the forensic investigation.

Representatives of the Colombian government and FARC rebels meet in Havana for peace talks. (Photo courtesy of Reuters)

There is concern that the latest incidences between the government and the FARC will set back the peace talks in Cuba. Despite ending the ceasefire, the FARC has said that it remains committed to the peace process. President Santos has called on the FARC to step up the pace on the peace talks.

Peace talks between the Colombian government and the FARC were officially initiated back in November 2012. The two sides have come to minor agreements since then, including pledges to eliminate illegal drug trafficking, and to work together to remove landmines.

 

For more information please see:

The Guardian – Colombia rebels cancel unilateral ceasefire after air raid kills 26 leftist rebels in Colombia attack – 22 May 2015

Colombia Reports – Military commanders investigated over FARC attacks that killed 11 soldiers – 24 May 2015

BBC – Colombian Farc rebels push ahead with peace talks – 25 May 2015

BBC – Colombian Farc rebel leader Roman Ruiz ‘killed in raid’ – 26 May 2015

International Business Times – FARC Commander Roman Ruiz Killed by Colombian Government Airstrike Hours After Peace Talks Resume – 26 May 2015

International Crisis Group – Colombia Peace Process: Lurching Backwards – 26 May 2015

Stabroek News – Colombia’s FARC says end of ceasefire a ‘step back’ in peace talks – 26 May 2015