News

Calls For UN Inquiry into Sri Lankan War Crimes Bolstered by UK Video Evidence

By Brian Lanciault

Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka–Britain has joined the US and three other countries in pushing for a full international inquiry into alleged war crimes in Sri Lanka.  The announcement came Sunday, after the Sri Lankan government failed to satisfy international calls for an inquiry.

Protesters gather in Geneva in opposition to U.S.-led UN probe into Sri Lankan war crimes, now joined by the U.K. (Photo Courtesy of AFP)

In an announcement last November at the Commonwealth heads of government meeting in Colombo, David Cameron gave Sri Lanka four months to conduct “a credible, thorough inquiry” into crimes alleged to have been committed during Sri Lanka’s 26-year civil war.

The Prime Minister’s office said on Sunday that Sri Lanka had failed to fulfill the request. The UK had joined four other countries in tabling a motion at the UN Human Rights Council. The UK now fully supports the call by the UN High Commissioner for Human Rights for an international, independent investigation into violations of human rights and related crimes by both sides during the war.

A vote on the resolution is expected to take place at the end of this month.

A spokesperson for the PM added: “Ahead of the vote, we are working hard to secure support from other countries. The PM has personally written to a number of leaders whose countries are on the human rights council this session calling on them to support this resolution which would help to deliver progress on reconciliation and human rights in Sri Lanka.”

Sri Lanka has historically refused to allow the UN unrestricted access to former war zones.

The Sri Lankan army extinguished Tamil Tiger separatist forces in the final battle of a long civil war in 2009, in a strategy partly drawn up by President Mahinda Rajapaksa’s brother, the Defense Secretary, Gotabaya Rajapaksa.

About 300,000 civilians were trapped on a narrow beach during the onslaught and the UN panel has estimated that 40,000 non-combatants died.  Although both sides are alleged to have committed atrocities, the panel concluded that army shelling killed most civilian victims.

Since the end of the war, harassment of government critics, including attacks on journalists and human rights workers have continued. A heavy army presence in the former Tamil Tiger strongholds in the north of the country angers contributes to tensions with local ethnic Tamils, who feel they are treated as enemies of the state.

On Sunday, UK Channel 4 News said it had obtained new evidence which it, and Tamil campaigners, have said demonstrated that an underlying culture of systematic brutality and sexual violence existed within the ranks of the Sri Lankan military.

The footage was reported to have been filmed by a soldier on a mobile phone, and was said to show troops laughing and cheering as they celebrated the deaths of Tamil insurgents.  The footage also depicts the soldiers performing acts of grotesque sexual violation on the bodies.

Channel 4 News has continued to report on what it said was evidence, in the form of various pieces of footage, of the apparently systematic execution and sexual violation of prisoners.

The Sri Lankan government has claimed that the footage was doctored, manipulated, or falsified by Tamil insurgents dressed as government soldiers and speaking Sinhala, the language of the vast majority of government soldiers.

For more information, please see:

The Guardian–Britain joins call for UN to investigate alleged war crimes in Sri Lanka–9 March 2014

Australia Network News–Sri Lanka warns against UN war crimes inquiries–11 March 2014

Times Sri Lanka–Protests in Geneva for Sri Lanka war crimes probe–11 March 2014

Arab News–4,000 Tamils protest in Geneva for Sri Lanka war crimes probe–10 March 2014

UK 4 News–Sri Lanka: new video evidence of grotesque violations–9 March 2014

Tensions Exasperated as Rival Demonstrations Held All Across Ukraine

by Tony Iozzo
Impunity Watch Reporter, Europe

Sevastopol, UKRAINE – Activists supporting Russian occupation of Ukraine attacked a group of pro-Ukraine activists in the Crimean city of Sevastopol on Sunday.

The Pro-Russian rally in Simferopol. (Photo courtesy of Radio Free Europe, Radio Liberty)

Hundreds of activists flooded the streets on Sunday to commemorate the 200th anniversary of the life of Ukranian poet Taras Shevchenko. Pro-Russian demonstrators intervened and attacked the activists with clubs and whips.

Russian forces have occupied the Crimean region in Ukraine for roughly a week as of Sunday. The latest violence occurs amidst rival demonstrations all across the Ukraine on Sunday. Rival protests both in support of Ukrainian independence and against it peacefully occurred in Crimea’s capital city of Simferopol.

Former opposition leader Vitali Klitschko stated that the Ukraine should not be allowed to split over the current violence during a speech in the city of Donetsk. “The key priority today for all Ukrainians is to unite, to come together and to prevent provocations, prevent separatists from realizing their plans, which are partition of the country and loss of independence.”

During Klitschko’s speech, several thousand protestors gathered at Donetsk’s Lenin Square and marched to the administration building after it was seized twice this week by pro-Russian activists. The protestors lowered the Ukraine flag and raised the Russian flag.

In Kyiv, Ukrainian Prime Minister Arseniy Yatsenyuk stated to a group of thousands that the Ukraine would not willingly cede its territory to Russia. “This is our land, our parents and grandparents spilled their blood for this land. We will not give up a single centimeter of Ukrainian land. Let Russia and Russian President [Vladimir Putin] know this.”

Prime Minister Yatsenyuk later also stated that he would be traveling to Washington, D.C. this week to discuss the impasse with Russia. U.S. President Barack Obama will meet with Yatsenyuk on the 12th to discuss the situation. U.S. Secretary of State John Kerry telephoned Russian Foreign Minister Sergei Lavrov yesterday to advise that any steps taken by Russia to annex Crimea to Russia would close diplomatic relations with the United States.

Russia is continuing to exercise greater control over Crimea. Ukraine’s State Border Service stated that Russian military forces took control of a Ukrainian border guard post early this morning, and now control eleven border guard posts in Crimea.

Pro-Russian authorities in Crimea have called a referendum to be held on the 16th to decide on whether to split from Ukraine and join Russia.

Ukrainian President Viktor Yanukovych was ousted from office last month after months of protests against his free-trade agreement with the European Union. Russian military forces quickly after Yanukovych left office.

Russian President Vladimir Putin has defended the planned referendum to European leaders.

For information, please see:

9News World – Violent Clashes at Rival Ukraine Rallies – 9 March 2014

Al Jazeera – Ukraine Plans Rallies as Crisis Deepens – 9 March 2014

BBC News – Ukraine Gripped by Rival Rallies – 9 March 2014

Radio Free Europe, Radio Liberty – Ukraine Clashes as Rival Rallies Boost Tensions – 9 March 2014

 

Alleged Former Auschwitz Guards Released

By Ben Kopp
Impunity Watch Reporter, Europe

BERLIN, Germany – Amidst the last chance effort to bring Nazi war criminals to justice before they die, German courts have released four alleged former SS guards in two weeks.

Auschwitz was the largest death camp during World War II, and killed approximately 1.5 million people. (Photo courtesy of Chicago Tribune)

In February 2014, police arrested three elderly men after searching six homes in the state of Baden-Wuerttemberg. Police based their search on information from the Central Office of the Judicial Authorities for the Investigation of National Socialist Crimes.

Prosecutors stated that “significant evidence” suggested the men could be charged as accessories to murder for serving as Auschwitz guards. The complex of camps at Auschwitz in Nazi-occupied Poland witnessed the deaths of approximately 1.5 million Jewish, Roma, and Polish persons. Under German privacy guidelines, their names were withheld.

During the week of 3 March 2014, the alleged SS guards of the Auschwitz death camp have been released from custody. However, prosecutors claim the investigation against them will continue.

Germany began a push to prosecute all remaining SS guards under a new legal doctrine, which considers an accessory to murder anyone who worked at extermination camps, even absent evidence of any personal violent acts.

One of the men was freed due to failing health, while another was released on bail, and the third’s detention was successfully challenged. A week before, yet another man, Hans Lipschis, was released because he suffers from dementia.

“The court has refused to open the trial,” a court statement said of Lipschis. “The chamber is of the opinion that the 94-year-old is incapable of standing trial. It bases this judgment on its own personal impression and the opinion of a psychiatrist.”

In 2013, Lipschis claimed that he left his position as a cook at Auschwitz to fight on the Eastern Front toward the end of World War II. However, he could not remember which unit he joined.

For a total of thirty, 26 other living men are believed to be former SS guards from Auschwitz. In February 2014, prosecutors ordered a search for Nazi-era documents from several German states, as several crimes from that era have gone unpunished in Germany.

Much difficulty came from a 1969 federal court ruling, which required proof of individual guilt to prosecute a defendant. In 2011, the precedent changed when a Munich court relied on personnel records to convict former Sobibor guard John Demjanjuk of aiding and abetting 28,000 murders. Demjanjuk died in a nursing home.

To achieve justice, strong efforts must be made to collect sufficient evidence that will be determinative of whether alleged war criminals are who prosecutors believe they are.

For further information, please see:

Washington Post – 3 Auschwitz Guard Suspects Released from Custody – March 6, 2014

Haaretz – Ailing  Auschwitz Guard Suspect Granted Bail in Germany – March 5, 2014

Chicago Tribune – Ex-Chicagoan, a Suspected Auschwitz Guard, Found Unfit for Trial – February 28, 2014

Independent – Three Suspected Ex-SS Auschwitz Guards Arrested in Germany – February 21, 2014

Reuters – Three Suspected Former Auschwitz Guards Arrested in Germany – February 20, 2014

Kerry Meets Russian Counterpart in Paris

by Michael Yoakum
Impunity Watch Reporter, North America

PARIS, France – Secretary of State John Kerry met with with Russian Foreign Minister Sergei Lavrov in Paris Wednesday to discuss peaceful solutions to the standoff in Ukraine’s Crimean peninsula. The meeting came just a day after Lavrov announced that economic sanctions by the US would not change the position of the Russian government.

Kerry denounced the Russian occupation of Crimea Sunday, calling the action “an incredible act of aggression.” (Photo courtesy of Bloomberg News)

Despite their differences, Kerry noted before the meeting that all parties agreed that the situation should be resolved diplomatically rather than militarily.

“All parties agreed today that it is important to try to resolve these issues through dialogue,” said Kerry.

The talks were described as “very constructive” and Kerry considered them to be the beginning of negotiation that would hopefully lead to a peaceful solution. Despite the Secretary’s optimism, the Russian Foreign Minister refused to have a one-on-one meeting with his Ukrainian counterpart, opting instead to travel home.

While speaking in to press after the meeting, Kerry renewed his call for Russian forces to withdraw from the Crimean peninsula and allow UN monitors in to the region. Whether or not Russia will heed such a call, Kerry added that the parties agreed to meet again.

“We agreed to continue intense discussions in the coming days with Russia, with Ukrainians, in order to see how we can help normalize the situation, stabilize it and overcome the crisis,” he said.

While Kerry traveled to Paris, President Obama continued to communicate with EU leaders, collaborating with German Chancellor Angela Merkel Tuesday on a resolution to the situation. Their proposal would require Russian forces to partially withdraw, limiting their deployment to 11,000 troops.

The President also directed remarks to Russian President Vladimir Putin Tuesday, saying that Russia was not “fooling anybody” by denying Russia deployed forces to Crimea.

France 24 reports that sources confirm President Obama will not be attending an upcoming G8 summit scheduled to be held in Sochi, Russia unless the situation in Crimea improves.

For more information, please see:

Bloomberg News – Kerry Makes Push to Ease Ukraine Tension in Lavrov Talks – 5 March 2014

CNN – Kerry: Ukraine talks will continue – 5 March 2014

France 24 – US-Russia to hold Ukraine talks in Paris – 5 March 2014

MSNBC News – Kerry Says Russia and Ukraine Willing to Keep Talking – 5 March 2014

The Washington Post – Kerry says ‘Russia is going to lose’ if Putin’s troops continue to advance in Ukraine – 2 March 2014

Croatia To Present Evidence of Genocide By Serbia At ICJ

by Tony Iozzo
Impunity Watch Reporter, Europe

THE HAGUE – Croatia told the International Court of Justice (ICJ) on Monday that it will present its case during a hearing which will include new evidence to support their claim that Serbia committed genocide in Croatian territory from 1991 to 1995.

The hearing began at the ICJ on Monday, and is scheduled to end on April 1st. (Photo courtesy of inSerbia)

Vesna Crnic-Grotic, the head of the Croatian legal team, stated to the Court that Serbian leaders are “in denial” over a genocide carried out in the early 90’s. Croatia is bringing charges against the former president of the Federal Republic of Yugoslavia, Slobodan Milosevic, of leading the Yugoslav People’s Army (JNA) to commit genocidal crimes, though they were originally supposed to protect the Yugoslavian people.

Crnic-Grotic stated that the Serbian government in Belgrade turned a blind eye to genocidal acts, and though Croatia did not accuse anyone specific for genocide, Crotia decided to formally bring charges before the ICJ.

On Monday before the Court, the Croatian legal team presented a video that depicted the 1991 violence in Vukovar, as they accused Serbia of using the JNA to eliminate Croatian people. The team stated that they will present evidence of genocidal crimes in both Lovas and Vukovar.

The President of the ICJ, Peter Tomka, summarized the history of the dispute between Croatia and Serbia for the Court. Croatia pressed genocide charges on Serbia in 1999, and Serbia filed a counter-suit in 2010. Now that the hearing has finally begun, President Tomka informed both parties which witness statements will be kept private until the end of the hearing- which April 1st.

In its counter-suit, Serbia is requesting that Croatia provide full indemnity for Serbian people from Krajina for all economic losses and damages inflicted by the genocide. The counter-suit also seeks to create legal conditions and protections for Serbs living in Croatia. The Serbian legal team will present case on March 10th.

For more information, please see:

ABC News – Croatia Accuses Serbia of Genocide at UN Court – 3 March 2014

BBC News – Croatia Accuses Serbia of 1990s Genocide – 3 March 2014

inSerbia – Croatia to Present New Evidence Before ICJ – 3 March 2014

Radio Free Liberty, Radio Europe – Croatia Accuses Serbia of Genocide at ICJ – 3 March 2014