By Kyle Herda

Impunity Watch Reporter, Europe

KIEV, Ukraine – Following the downing of a commercial airliner carrying 298 people over rebel-riddled Eastern Ukraine, it was immediately unclear how the key players in this ongoing dispute would react. Over a week later, it is clear that this incident will escalate the fighting, rather than push both sides to step back and talk.

Caption. (Photo Courtesy of Source)

In just one week since the downing of flight MH17, the crisis in Eastern Ukraine has already managed to escalate. First, the rebels claimed they would back off and allow for an uninterrupted international investigation into the crash scene, but there are reports of rebels and Russians allegedly stealing parts from the plane or impeding the recovery of the bodies for identification and return to their families.

Second, although Russia has been cleared by the United States from direct cause of the plane’s disastrous crash, it is still believed that the plane’s finale came from a surface-to-air BUK missile fired by pro-Russian rebels in Eastern Ukraine. Separatist commander of the Vostok Battalion in Ukraine, Alexander Khodakovsky, has admit that the pro-Russian rebel possessed surface-to-air BUK missiles, but that the rebels may have returned the missiles to Russia to hide the evidence from international investigators. Further, pro-Russian rebels shot down another two planes this week, this time Ukrainian fighter jets.

Pro-Russian rebels have also detained a CNN freelance journalist in Eastern Ukraine on Tuesday. Anton Skiba was staying at a hotel in Donetsk covering the MH17 crash site when rebels abducted the reporter outside of his hotel.

Russia has also been accused by the United States and Ukraine of firing artillery into Ukraine. This would be a direct attack from Russia towards Ukraine and a “clear escalation” in the conflict, Army Col. Steve Warren, a Pentagon spokesman, said.

All of the recent events have proven too much for Ukrainian Prime Minister Arseniy Yatsenyuk, as he folded under the pressure and announced his resignation on Thursday. With escalations by Russia and uncertainty of the future and pressure on Kiev growing by the day, this resignation could not have come at a worse time for Kiev.

As the Dutch continue to fly bodies of MH17 victims out of Ukraine and Australia is attempting to secure the plane crash site in order to ensure a successful and untainted investigation into the crash, the rest of the European Union questions whether they should involve themselves more by imposing stricter sanctions on Russia. The United States is also tossing about ideas as to possible sanctions to impose onto Russia. While many countries were seeking earlier to keep out of the conflict, the scope of the crisis seems to be growing more and more with each new incident, and it is beginning to draw serious discussions throughout the globe as to whether leaving Ukraine and Russia to handle this on their own may not be the best solution afterall.

For more information, please see:

The Washington Post – Ukraine’s prime minister resigns as coalition falls apart – 24 July 2014

USA Today – Russian military fires artillery into eastern Ukraine – 24 July 2014

The Washington Post – If the West doesn’t do more for Ukraine now, it might soon be too late – 24 July 2014

Huffington Post – CNN Freelancer Abducted By Pro-Russian Separatists In Ukraine – 24 July 2014

TIME – Ukraine Separatists Had Surface-to-Air Missiles, Rebel Leader Admits – 24 July 2014

CNN – Ukraine: Two military jets shot down over Donetsk – 23 July 2014

IN MEMORIAM: ICC Judge Hans-Peter Kaul

We are deeply saddened to announce that former International Criminal Court (ICC) Judge Hans-Peter Kaul passed away on 21 July 2014 after a period of serious illness, which led him to resign from the Court with effect from 1 July 2014.

“Judge Kaul’s death is an enormous loss for the ICC. He served as a role model, dedicating his career to reshaping international justice. Judge Kaul was a driving force in the creation of the Rome Statute, in the establishment of the ICC, and in many of the decisions rendered in the situations and cases before the Court in its history thus far. We will long remember him with respect and admiration on a personal and professional level, for his relentless commitment and extensive contributions to international justice”, said ICC President Judge Sang-Hyun Song.

The President of the Assembly of States Parties, Ambassador Tiina Intelmann, recalled “the vital contribution which Judge Kaul had made to the establishment of the Rome Statute system, both as head of the German delegation during the negotiations which culminated in the adoption of the Statute, as well as a member of the Court’s bench, where he leaves an important legacy of contributions to the jurisprudence of the Court. Judge Kaul will be remembered for his multi-faceted and unrelenting support to the cause of international criminal justice; he was also indefatigable in advancing the support for the amendments to the Rome Statute on the crime of aggression”.

National of Germany, Judge Kaul served as an ICC Judge for 11 years. In the first elections of ICC judges in February 2003, he was elected by the States Parties to the Rome Statute for a three-year term and assumed his duty on 11 March 2003. He was re-elected in 2006 for a further term of nine years. Judge Kaul was a member of the ICC’s Pre-Trial Division, serving as the Division’s President from 2004 to 2009, as well as from 8 April 2014 until his resignation. He contributed to important decisions in proceedings regarding situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic, Kenya, Libya and Cote d’Ivoire, and the related cases. From 2009 to 2012, he served as the ICC’s Second Vice-President.

Judge Kaul also served for several years on various committees related to the Permanent Premises: he was chairman of the Inter-Organ Committee on the Permanent Premises (2003-2008), the senior representative of the Court in the Jury of the International Architectural Design Competition, and contributed to the work of the Oversight Committee of States Parties, playing an important pioneering role in the process which eventually led to the planning and construction of the ICC’s future permanent home.

Judge Kaul made significant contributions to the development of the ICC and international law even before being elected as an ICC Judge. In 2002, he was appointed Ambassador and Commissioner of the Federal Foreign Office for the International Criminal Court. From 1996 to 2003 he participated as head of the German delegation in the discussions and negotiation process of the Rome Statute of the International Criminal Court. Previous to that, in his capacity as Head of the Public International Law Division of the Federal Foreign Office (1996 – 2002), he was responsible, inter alia, for several cases involving Germany which were before the International Court of Justice. He published extensively on the International Criminal Court and other fields of public international law.

Condolence books will be available at the lobby of the main entrance of the International Criminal Court (Maanweg 174, The Hague, Netherlands) and of the public entrance (Regulusweg, The Hague, Netherlands) from 23 to 25 July 2014. Messages of condolence can also be sent by letter to the President of the Court Judge Sang-Hyun Song and by email to: PublicAffairs.Unit@icc-cpi.int.

By Kyle Herda

Impunity Watch Reporter, Europe

NICOSIA, Cyprus – Forty years ago today, a coup led by Greeks chased out President Archbishop Makarios. Less than a week after, Turkey invaded Cyprus and overthrew the coup in a bloody engagement. While Turkey eventually halted its advance, 35,000 Turkish troops still remain in northern Cyprus today.

Today, the northern one-third of Cyprus remains separate from the rest of the nation, separated by a buffer controlled by the United Nations. This northern section of the island self-identifies themselves as an independent nation, the Turkish Republic of Northern Cyprus. While Turkey also recognizes northern Cyprus as an independent nation, Turkey is alone in doing so. However, it remains unclear what exactly that region of the island is, as it acts as a de facto nation with its own government.

Over one-third of the Cypriots on the island are mainland Turks, which makes unification of the north and south even more difficult. Now, a group of Cypriots is taking action against Turkey in an attempt to push Turkey out of the north.

European Parliament member Costas Mavrides, representing his nation Cyprus, a European Union member nation, filed a war crimes complaint against Turkey. Tens of thousands of Turkish troops in northern Cyprus, A sizeable Turkish population in northern Cyprus, backed by tens of thousands of Turkish troops also stationed there, are increasing in numbers, a move that is making Cyprus feel threatened.

Along with Mavrides, a group called Cypriots Against Turkish War Crimes has taken part in filing the complaint against Turkey. This group has been backed by an Israeli-based rights organization called the Shurat HaDin Law Center.

The claim is that Turkey is pushing Turkish mainlanders to move to the island. Turkey is allegedly enticing Turkish settlers by providing job opportunities, financial aid, and giving homes and land to Turks who make the move. The impact of these moves could drastically increase the Turkish population, as has already been seen in the northern section of Cyprus where over one-third of the 300,000 population is people who came from Turkey.

Cyprus is afraid that the increase in the Turkish population on the northern section of the island could further push the northern part of Cyprus to breakaway from the rest of the island. The filed complaint in the International Criminal Court is an attempt by Cyprus to contain the situation and nip it in the bud before things escalate, especially in the wake of the recent quiet takeover of Crimea by Russia in a similar manner. Although it has been forty years now since the conflict began, it is clear that a solution is still far away.

For more information, please see:

Cyprus Mail – Congressmen urge Obama to enhance US support for Cyprus’ reunification 15 July 2014 

Cyprus Mail – Forty years since the coup 15 July 2014

ABC News – Cypriots File War Crimes Complaint Against Turkey 14 July 2014 

The Guardian – Cyprus divided: 40 years on, a family recalls how the island was torn apart 5 July 2014