News

Saudi-led Coalition Announces Ceasefire in Yemen

By Brittani Howell

Impunity Watch Reporter, Middle East

SANA’A, Yemen – The Saudi-led coalition announced Saturday that a five-day humanitarian ceasefire was to begin at 11:59pm Sunday in Yemen. The Saudi-coalition stated, however, that they would respond to any attacks or military movements made by the Houthi rebels during the ceasefire.

The city of Sana’a destroyed by airstrikes. (Photo Curtesy of BBC News)

The unexpected announcement came just hours after an airstrike on Friday, conducted by the Saudi-coalition, launched on the town of Mokha. The airstrike killed 120 people, many of whom were civilians.

The Houthi rebels expressed doubt over the ceasefire and intended to wait until they heard from the United Nations before changing their position. The Houthi rebels held up 16 trucks carrying humanitarian aid from the World Food Programme.

The airstrikes on Friday struck the homes of many civilian power plant workers of Mokha. Among the 120 people killed were women, children, and the elderly. The number of causalities may have been increased due to families visiting workers for the Eid al-Fitr holiday at the end of the holy month of Ramadan.

Hassan Boucenine, a member of Geneva-based Doctors Without Borders stated, “ It just shows what is the trend now of the airstrikes from the coalition.” He continued, “Now, it’s a house, it’s a market, it’s anything.”

Rights groups, such as Amnesty International and Human Rights Watch, have previously expressed concern that the Saudi-led coalition is violating laws for failing to ensure that civilian casualties are minimized. Concern over the Houthi rebel’s similar neglect for minimizing civilian causalities has also been expressed.

The U.N. human rights office stated earlier this week that, “since 17 June, there has been further destruction of civilian infrastructure, with at least 36 buildings, including hospitals, schools, court houses, power generation facilities, and communications institutions partially or totally damaged.”

A Saudi-coaliton military official stated that the military had been given incorrect coordinates. The closest Houthi rebel outpost to the town of Mokha was at least three miles away.

Just hours before the cease-fire was to start, fighting broke out between the Saudi-coalition and the Houthi rebels for control over an airbase north of Aden. Earlier in the week, the Saudi-led coalition recaptured much of the city of Aden.

Security officials reported random shelling by Houthi rebels in three neighborhoods surrounding the airbase. After the ceasefire took effect, security officials reported that the situation on the ground surrounding the airbase had quieted down.

Over the last four months, at least 1,693 civilians have been killed with another 4,000 civilians wounded. Air strikes caused a majority of the casualties.

A humanitarian ceasefire would allow aid to reach those desperately in need. It is estimated that more than 80% of Yemen’s 25 million population is in need of some form of aid. A proposed ceasefire earlier this month failed to go into effect because both sides blamed each other for not abiding by the truce.

For further information, please see:

Associated Press – 5-Day Humanitarian Ceasefire Starts in Yemen – 26 July 2015

Reuters – Houthis, Saudi-led Forces Battle for Yemen’s Biggest Air Base – 26 July 2015

BBC News – Saudis declare Yemen Ceasefire, as Air Strike ‘Kills 120’ – 25 July 2015

The Seattle Times – Saudi-led Airstrikes Kills 120; Deadliest in Yemen Conflict – 25 July 2015

Proposed Anti-terrorist Law may Imprison Journalists

By Brittani Howell

Impunity Watch Reporter, The Middle East

CAIRO, Egypt—Under a potential new Egyptian law, Journalists may face up to two years in prison if they publish news that does not match the government’s report. An anti-terrorism law has been drafted and is waiting for the approval of Egyptian’s President Abdel-Fattah el-Sissi.

Protestor taped his mouth shut to symbolize persecution of journalists in Egypt, outside the court and prison in which Al Jazeera reporter Ahmed Mansour is held. June 22, 2015. (Photo Curtesy CNN).

The drafted anti-terrorism law lists twenty-five crimes, including twelve that are punishable by death. In addition, the law would create terrorist courts and reduce the number of appeals allowed by defendants in order to speed up the judicial process. The drafted law would also give police officers more protection from being held liable for the use of force in “anti-terrorist operations.”

The crack down on journalists is a response to reports of militant attacks. On one incident in particular, a militant attack on the Sinai Peninsula, news sources reported that dozens had been killed while a military official reported that seventeen people had been killed. Justice Minister Ahmed al-Zind stated, “The government has a duty to protect citizens from false information,” but should not be understood as, “a restriction on media freedom.”

The proposed bill requires two years for anyone who reports casualty tolls differently than the government report. The bill requires “intent” and “malice” in order to convict an individual of reporting death tolls contrary to government reports.

The Egyptian Journalists Syndicate argue that the drafted law violates Egypt’s Constitution, and that, “it appropriates the right of the journalist to acquire information from different sources and limits it to one side. This is a clear setback for the freedom of thought and press.”

At a press briefing, the Foreign Ministry urged foreign reporters to avoid using the terms “Islamist” and “jihadist” and to instead use the terms, “terrorists,” “savages,” “eradicators,” “destroyers,” and “slayers.”

Two days before the militant attacks on the Sinai Peninsula, the state prosecutor, Hisham Barakat, was killed in a car bombing. At the funeral President el-Sissi shouted, “Please, please we want prompt courts and fair laws… The trials and the laws won’t work in the matter and under these circumstances. This may work with regular people, but not these people. Only prompt laws will work.”

When Associated Press asked a judge if the rise in terrorist threats were linked to delays in court proceedings, the judge responded, “As if the jury is not to blame. This is not the causal relationship. Do they want to get the truth or take revenge on the suspect?”

For further information, please see:

ABC- Egypt to Pass Anti-terror Law Proposing Jail Time For Reporting Figures that Contradict Official Statements– 6 July 2015

Associated Press- Egypt Anti-Terror Bill Speeds Trials, Tightens Hand on Media– 6 July 2015

CNN- New Terrorism Law Could Target Journalists in Egypt– 6 July 2015

NY Times- Egypt Warns Journalists Over Coverage of Militant Attacks– 5 July 2015

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