News

Civil Suit Opened against Dutch State by Srebrenica Survivors

By Ben Kopp
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – Survivors of the 1995 Srebrenica massacre filed suit against the Dutch government, arguing that Dutch peacekeepers should have prevented the bloodshed.

The Mothers of Srebrenica, survivors of the 1995 massacre opened suit against the Dutch state, arguing that Dutch peacekeepers should have done more to prevent bloodshed. (Photo courtesy of Al Jazeera)

On 11 July 1995, Bosnian Serb forces overran the town of Srebrenica, a UN-protected safe haven for Muslims. General Ratko Mladic’s troops moved by lightly-armed Dutch peacekeepers in the safe area, where thousands of Muslims gathered for protection. As days followed, nearly 8,000 Muslim men and boys were slaughtered and their bodies dumped in mass graves. The event has been called the worst bloodshed on European soil since World War II.

Mladic, dubbed the Butcher of Bosnia, and former Bosnian Serb political chief Radovan Karadzic are facing charges of genocide, war crimes and crimes against humanity in the Hague.

In 2007, a victims’ group, the Mothers of Srebrenica brought suit in connection with the massacre. The Mothers of Srebrenica represents about 6,000 widows and victims’ relatives. They have been seeking justice for several years for the massacre, which the UN’s International Court of Justice has ruled genocide.

“They did not prevent the murder of thousands of civilians,” the group’s lawyer Marco Gerritsen told the Hague court, where the case is being heard.

“The Mothers of Srebrenica want the responsibility of the Dutch to be recognised and then compensation, even though this is less important to them,” said Semir Guzin, another victims’ lawyer.

“Of course, this procedure is not going to give us our sons and husbands back, but will bring a bit of justice,” Hatidza Mehmedovic, one of about a dozen representatives of the Mothers present at the hearing.

In 2013, the European Court for Human Rights ruled against the Mothers of Srebrenica, stating that the United Nations had immunity.

However, in September 2013, the Dutch Supreme Court ordered the government to pay damages to victims’ relatives. Those victims had been handed over to Bosnian Serb forces by Dutch soldiers. More recently, the Dutch state’s lawyer argued that the Netherlands had no direct control over the Dutch peacekeeping unit during the operation. Civil proceedings against the Dutch state had been put on hold pending the outcome of the case against the UN.

“It is about Dutch soldiers, but Dutch soldiers wearing blue helmets and therefore completely under UN control,” Gert-Jan Houtzagers told the court. “Dutchbat did what it could with a handful of men. They tried to protect as many refugees as possible. That didn’t work, but it’s twisting the facts to say they [Dutchbat] led people like lambs to the slaughter.”

For further information, please see:

Al Jazeera – Srebrenica Survivors Sue Dutch Government – April 7, 2014

Deutsche Welle – Srebrenica Relatives Sue Dutch Government – April 7, 2014

Guardian – Srebrenica Massacre Survivors Take Legal Action against Dutch Government – April 7, 2014

Washington Post – Srebrenica Widows Sue Dutch Government – April 7, 2014

District Court Judge Dismisses Suit Over Drone Strike Deaths

by Michael Yoakum
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – A federal judge dismissed an action against top Obama administration officials Friday brought by family members of three American citizens killed in a drone strike in Yemen, including Anwar al-Awlaki.  While D.C. district court Judge Rosemary Collyer said the case “raises fundamental issues regarding constitutional principles,” she announced that she will grant the government’s motion to dismiss.

al-Alwaki, a radical Muslim cleric and US citizen, was killed by a drone strike in Yemen in 2011. (photo courtesy of The Guardian).

The ACLU and the Center for Constitutional Rights represented the families of the three men killed in the drone strikes: al-Awlaki, his son Abdulrahman, and Samir Khan, a naturalized citizen who moved to Yemen in 2009 to work for an English language magazine.  The suit named former Defense Secretary Leon Panetta, CIA Director David Patraeus, and two commanders in the military’s Special Operations Command.

Judge Collyer, in her 41 page opinion, ruled that courts should hesitate to hold government officials personally liable for violating citizens’ constitutional rights during wartime.

“The persons holding the jobs of the named defendants must be trusted and expected to act in accordance with the U.S. Constitution when they intentionally target a U.S. citizen abroad at the direction of the president and with the concurrence of Congress,” Collyer wrote, adding “They cannot be held personally responsible in monetary damages for conducting war.”

The ruling, if it stands, suggests that the Judiciary has no role in evaluating the legality of the Executive’s decision to kill American citizens in overseas operations when officials have deemed those citizens to be terrorists.

Brian Fallen, a Department of Justice spokesman, stated that the district court reached the correct decision.  Lawyers from the Center for Constitutional Rights say they have not decided whether they will appeal the decision.

Lawyers from the ACLU were vocal about their distaste for the court’s ruling. “This is a deeply troubling decision that treats the government’s allegations as proof while refusing to allow those allegations to be tested in court,” ACLU lawyer Hina Shamsi said.

The Obama administration is separately fighting Freedom of Information Act requests brought by the New York Times and ACLU seeking disclosure of a memo authored by the Department of Justice laying out the legal justification for the strikes.  Presently a summary of that legal reasoning has been unclassified and made available to the public.

For more information, please see:

Associated Press – Judge dismisses lawsuit over drone strikes – 4 April 2014

The Guardian – Drone killings case thrown out in US – 4 April 2014

The New York Times – Judge Dismisses Suit Against Administration Officials Over Drone Strikes – 4 April 2014

Reuters – Lawsuit over American drone strikes dismissed by U.S. judge – 4 April 2014

The Washington Post – Judge dismisses lawsuit over drone strikes in Yemen that killed American Anwar al-Awlaki – 4 April 2014

Indian Court Orders Death Sentence for Three Rapists

By Brian Lanciault
Impunity Watch Reporter, Asia

NEW DELHI, India–Three men were sentenced to death on Friday for two gang rapes committed last year in Mumbai.  These included an attack on a photojournalist that sparked protests in the city and raised fresh questions about attitudes to women in the world’s largest democracy.

Police escort one of the convicted rapists outside of a jail in Mumbai. (Photo Courtesy of Reuters)

A Mumbai court on Friday sentenced Vijay Jadhav, Kasim Bengali and Mohammed Salim Ansari to death, the first time capital punishment has been ordered in a case of rape not involving the death of the victim.

“There was no chance of reformation in these men and this sends a strong signal to society,” special prosecutor Ujjwal Nikam told reporters outside the court.

Women’s safety in India has been under the heavy scrutiny since the gang rape and murder of a student on a bus in Delhi two years ago.  The 2012 rape-murder provoked nationwide protests and the introduction of tougher sexual assault laws. Recently a stream of high-profile and highly publicized attacks has raised concerns that little has changed.

In this most recent case out of Mumbai, four men were convicted last week of gang-raping a photojournalist. The woman was attacked in the early evening of August 22 while on an assignment with a male colleague at an abandoned textile mill.

Three of the men were given the death penalty because they had also been found guilty of raping another woman at the same location in July. The fourth man received a life sentence and a juvenile charged for his involvement in the case is being tried separately.

“I think the court has given a distinct, definite and welcome verdict,” said Himanshu Roy, joint commissioner of police in Mumbai.

The attack on the photojournalist provoked a public outcry partly because Mumbai, India’s financial capital and the home of Bollywood, is considered one of the country’s safest cities for women. Mahalaxmi, the neighborhood where the two rapes took place, is a central district close to many new offices and bars. Since the attack, public scrutiny has been at a zenith.

For more information, please see:

BBC News–Mumbai gang rape: Death sentence for India rapists–4 April 2014

Voice of America–Indian Court Orders Death Sentence for Rapists–4 April 2014

Reuters–Three sentenced to death for gang rapes in Mumbai–4 April 2014

Channel News Asia–Indian court orders first death sentences for multiple rapes–4 April 2014

Church Raid Bullet Removed from Infant’s Brain

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

NAIROBI, Kenya – A bullet lodged in the brain of an infant boy during an attack on a church near Kenya’s coastal city of Mombasa has been removed following an operation, a hospital spokesman says.

Infant after bullet removed from his brain (photo courtesy of F2F)

 

The 18-month old boy survived a raid attack that left six people dead. The infant was shielded by his mother who was shot and the bullet passed through her and into her son’s head. This act saved her son’s life.

No group has admitted to the raid that occurred on March 23rd.

The bullet was removed during a three-hour operation at the Kenyetta National Hospital in the capital, Nairobi.

“The baby is fully awake and he is back to his old state,” chief neurosurgeon Mwangi Gichuru said.

Kenyan police say the attack on the church could be an “act of terrorism.”

At least two gunmen burst into the church and started shooting indiscriminately.

Blood-soaked Bibles and overturned chairs law strewn across the church’s floor after the shooting.

The shooters escaped the scene before authorities arrived. The investigation is still continuing.

Kenyan officials said on Tuesday that they have arrested more than 650 people in an ethnic Somali part of Nairobi.

In a statement, the Interior Cabinet Secretary said a thorough security operation has been launched aimed at arresting the perpetrators of the Monday attack.

The Secretary described the attack as “barbaric” and an “act of cowardice” against innocent and peace-loving Kenyans.

The Somali al-Qaeda group al-Shabab has carried out several attacks in Kenya since 2011, when Kenya sent troops into Somalia to battle it.

On Monday, six people were killed in explosions in the Eastleigh suburb of Nairobi, which has the largest Somali population. No group has claimed responsibility for the bombing.

Late Monday, Nairobi police chief Benson Kibui assured Kenyans they are safe and that the attackers would be found.

“We are here to ensure that you and me are secure, so there is no need to panic. The government is on top of issues investigating all this and terrorism. But whoever is doing this or whoever is collaborating with whatever is going on, we will nab him,” Kibui said.

For more information, please visit:
BBC News – Kenyan church raid: Bullet removed from boy’s brain – 1 April 2014
Face 2 Face Africa – Kenya’s church raid: Bullet removed from boy’s brain – 1 April 2014
Panorama – Kenyan church raid: Bullet removed from boy’s brain – 1 April 2014
Nigerian Tribune – Kenya’s church raid: Bullet removed from boy’s brain •Police arrest 650 after bomb attack – 2 April 2014
News.nom.co – Church attack: Bullet removed from Kenyan boy’s brain – 1 April 2013

Spanish Journalists Arrive Home After Being Kidnapped in Syria Back In September

by Tony Iozzo
Impunity Watch Reporter, Europe

MADRID, Spain – Two Spanish journalists that were detained for over six months in Syria finally arrived back in Spain on Sunday.

Espinosa reunited with his son. (Photo courtesy of Al Jazeera)

El Mundo staff correspondent Javier Espinosa and freelance photographer Ricardo Garcia Vilanova were both reunited with friends and family on the tarmac of the of the Torrejon de Ardoz military airport in Madrid.

The two journalists had were kidnapped back in September at the Tal Abyad checkpoint in the Syrian province of Raqqa. They were close to the Turkish border, and had been prepared to leave Syria after covering the situation for two weeks. The kidnappers were thought to be members of a group linked to al Qaeda and Syria and had not revealed their demands to free the two journalists.

“We want to thank everyone who has worried about us and who has made it possible for us to return home, and as you can see, we are perfectly well,” Espinosa stated at the airport on Sunday.

The two men later went to the El Mundo newsroom where they were greeted with ovation and tears of joy. “Thank you so much. I’m sorry for what we have made you go through,” Espinosa stated to those gathered in the newsroom.

El Mundo had reported early Sunday that the two men had been freed in Syria, but it did not delve into any details of their release.

Espinosa, 49, and Garcia, 42, have both traveled to Syria many times, often together. Garcia had been traveling with Espinosa even though he was not on assignment for El Mundo. Espinosa was previously kidnapped while covering the conflict in Sierra Leone, and Garcia was kidnapped in 2012 in Syria for nearly two weeks. In 2012, Espinosa was in a make-shift press center in Baba Amr in the province of Homs, where correspondent Marie Colvin of The Sunday Times of London and French photographer Remi Ochlik were both killed.

The most recent kidnappers of the two stated that they wanted to make sure that the two men were not spies. Espinosa and Garcia had been traveling with four fighters from the Free Syrian Army, who were also kidnapped, but they were released twelve days later.

For more information, please see:

Al Jazeera – Spanish Journalists Home After Syria Ordeal – 30 March 2014

BBC News – Syria Crisis: Freed Spanish Journalists Back in Spain – 30 March 2014

CNN – Report: 2 Spanish Journalists Kidnapped in Syria Arrive Home – 30 March 2014

Fox News – 2 Spanish Journalists Freed From Captivity in Syria – 30 March 2014