News

A Bipartisan Group of Congressmen Has Introduced a Resolution Calling for the Immediate Establishment of a Syrian War Crimes Tribunal

By Kathryn Maureen Ryan
Impunity Watch, Middle East

WASHINGTON D.C., United States of America — A resolution has been introduced to the United States House of Representatives calling for the immediate establishment of a Syrian War Crimes Tribunal. The resolution was introduced on 9 September 2013 and referred to the House Committee on Foreign Affairs, where it will be considered before moving to the House or Senate for a vote. The resolution has bipartisan support and has been cosponsored by eight Republican and two Democratic members of Congress.

New Jersey Republican Chris Smith has introduced a resolution to Congress calling for the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes in Syria (Photo courtesy of NJ.com)

The Resolution, H.CON.RES.51, calls upon President Barack Obama to use the “voice and vote of the United States” at the United Nations to promote the immediate establishment of an ad hoc court to prosecute the perpetrators of serious crime committed during the civil war in Syria, including Bashar Al-Assad’s use of chemical weapons against his own people. The chemical attack killed more than 1,000 people in Ghouta on 21 August 2013, including more than 400 children.

The Chairman of the House Foreign Affairs Committee’s human rights panel introduced the resolution on Monday. Smith wrote in an editorial for the Washington Post that “there is a non-lethal way to help ensure that Bashar al-Assad and other perpetrators of atrocities in Syria are held to account—not someday far in the future—but beginning now.” Smith believes a war crimes tribunal can be an effective alternative to the use of force and can offer justice to the Syrian people without putting the lives of innocent Syrian civilians at risk.

Congressman Smith argued that country-specific ad hoc courts may offer a more effective means of holding those responsible for atrocities accountable; especially in a case like Syria because Syria is not a party to the Rome Statute or a member of the International Criminal Court—which has jurisdiction over genocide, crimes against humanity and war crimes—which presents a challenge for prosecuted the perpetrators of atrocities during ongoing civil war in Syria. The resolution acknowledges that ad hoc tribunals established by the international community in the past, including the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone, “have successfully investigated and prosecuted war crimes, crimes against humanity, and genocide.”

Congressman Jared Huffman of California, a Democrat, is cosponsoring the resolution. Huffman said, “I don’t think anyone should get away with killing children with chemical weapons.” He believes the establishment of an ad hoc tribunal can offer the possibility of justice to the Syrian people without the use of military force.

Virginia Republican Congressman Scott Rigell, who led the calls for President Obama to seek congressional authorization before using force in Syria to punish Syrian Bashar al-Assad for the using chemical weapons against innocent civilians, voiced his support for the resolution. “Assad should spend every day for the rest of his life paying for the crimes he has committed against humanity,” Rigell said.

For more information please see:

The Washington Post – Establish a Syrian War Crimes Tribunal – 9 August 2013

The Press Democrat – North Coast Congressmen Pleased Vote Delayed On Syria Strike – 10 September 2013

NJ.com – N.J. Congressman’s Bill Creating Syrian War Crimes Tribunals Gains Bipartisan Support – 11 September 2013

Richmond Times-Dispatch – Rigell Backs War Crimes Tribunal For Syria – 11 September 2013

 

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Jordanian Parliament Member Opens Fire During Parliamentary Session

Darrin Simmons
Impunity Watch Reporter, Middle East

 AMMAN, Jordan-During a heated parliamentary session, one member of Jordan’s parliament, Talal al-Sharif, pulled out an AK-47 rifle and opened fire.  Aiming at a fellow member Qusay Dmisa, intervention from other parliament members prevented any wounds from occurring.

Jordanian Parliament discussing budget issues the moment before the shooting (photo courtesy of Sky News)

The dispute between al-Sharif and Dmisa arose during a closed parliament session involving budget matters.  Eye witnesses confirmed that al-Sharif left parliament to go to his car to get the gun and upon return was stopped by fellow member, Mariam Al Lozi, causing the three fired bullets to hit the ceiling and wall.

After the shooting, al-Sharif was arrested and is to be detained for the next fifteen days while King Abdullah II decides how to further proceed.  Many members of parliament have called for al-Sharif’s expulsion, but since parliament is sitting in an extraordinary session, the issue cannot be decided without special decree from the king.

Local websites showing video footage of the shooting as caused uproar from citizens and political activists that have spread through Jordan.   Many are expressing their displeasure and calling for “stern measures to be taken against the attacker.”  Others have said that the incident “damages the country’s reputation.”

Al-Sharif is facing charges of attempted murderer, possession of a firearm without a license, and resisting police arrest.  If convicted of the related charges, al-Sharif could be facing up to 15 years in jail.

This is not the first violent altercation that has occurred amongst parliament members while in session.  The 180-member parliament is prominently members of the traditional Bedoin tribes with no particular ideological agenda causing sessions to become disorderly and unruly.

During the summer, one member was overpowered by a fellow colleague when he attempted to pull a gun on another.  In other debates, members have been known to throw shoes or bottles of water during heated debates.

This was the first time that an actual firearm has been fired by a member of parliament.  However, given the members’ track record for outbursts, and their increasing intensity, it is only a matter of time before someone actual does get hurt.

For more information, please see the following: 

Aljazeera-Jordanian MP opens fire in parliament-September 10, 2013

Al Arabiya-Jordanian MP shoots rifle during parliament session-September 10, 2013

Euro News-Mayhem as MP fires AK-47 at colleague in Jordan’s parliament-September 10, 2013

Independent-Jordanian MP opens fire on tribal rival in parliament-September 10, 2013

Sky News-Jordan MP ‘Opens Fire’ On Fellow Politician-September 10, 2013

Trial of Kenyan Deputy President Charged With Crimes Against Humanity Begins

By: Dan Krupinsky
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands — The trial of Kenya’s deputy president, William Ruto, began earlier this week, marking the first time that a serving government official has stood trial at the International Criminal Court (ICC).

Ruto faces charges of crimes against humanity, stemming from the aftermath of the 2007 Kenyan presidential election, when more than 1,100 people died. On Tuesday, he plead not guilty to all charges against him. Kenyan president, Uhuru Kenyatta, will be tried on the same charges in November.

William Ruto sits in the courtroom, awaiting the start of his trial. (Photograph: Michael Kooren/AP)

Specifically, Ruto and Kenyatta are charged with murder, deportation and persecution of political opponents in the Rift Valley region in late 2007 and early 2008, following the disputed election.

Kenyatta and Ruto, who teamed up to win the most recent election, were political rivals at the time, with Kenyatta being a prominent member of the Kikuyu ethnic group while Ruto was a leader of the Kalenjin group.

Following the election, ethnic clashes across the nation resulted in the deaths of over 1,100 people and the displacement of some 600,000 more, and were said to be the work of Ruto and his co-defendant, Joshua arap Sang, an influential radio executive.

“The crimes of which Mr. Ruto and Mr. Sang are charged were not just random and spontaneous acts of brutality,” said the ICC’s chief prosecutor, Fatou Bensouda, in court. “This was a carefully planned and executed plan of violence. Ruto’s ultimate goal was to seize political power for himself and his party in the event he could not do so via the ballot box.”

Ruto is accused of arming and organizing the attackers, while Sang’s role, according to the prosecution, was fostering hatred against Kikuyu tribe members through his radio show and broadcasting coded instructions about where to attack.

“It is difficult to imagine the suffering or the terror of the men, women and children who were burned alive, hacked to death or chased from their homes by armed youths,” Bensouda said.

Even after the Kenyan parliament voted last week to withdraw from the court, Ruto appeared voluntarily for the start of the trial, and continues to cooperate.

Ruto’s principal defense counsel, Karim Kahn, asserts that the charges against Ruto “[will] be shown to be patently false.”

“One cannot escape the reality that this investigation has been exceptionally deficient,” he said.

The legitimacy of the case is already being called somewhat into question, as prosecutors claim that witnesses have been afraid to testify, recanted their testimony after accepting money and in some cases, even killed.

The trial will resume Tuesday, September 17, when the prosecution will start presenting witnesses in a first session, which ends October 4. The second session is scheduled from October 14 to November 1.

 

For further information, please see:

All Africa – First Prosecution Witness to Testify Tuesday – 12 September 2013

BBC – Kenya’s William Ruto formed an army for war, ICC hears – 10 September 2013

The Guardian – Kenya’s deputy president William Ruto denies murder at ICC – 11 September 2013

New York Times – Deputy President of Kenya Goes on Trial in The Hague – 10 September 2013

ICC Decision on the Confirmation of Charges

 

 

President Obama Tentatively Endorses Diplomatic Approach with Syria

by Michael YoakumImpunity Watch Reporter, North America

WASHINGTON, D.C., United States – President Obama, in a prime time speech Tuesday, called upon Congress and the American public to give him time to pursue diplomatic options for disarming the Bashar al-Assad government of its chemical weapons.  The President tentatively endorsed an agreement by which Assad will surrender his chemical weapon stockpiles to the United Nations for disposal.

President Obama spoke for fifteen minutes on why deterring the use of chemical weapons is important to national security. (Photo courtesy of ABC News)

President Obama used most of his time persuading the American public that allowing unchecked use of chemical weapons would embolden Iran and make it easier for terrorist organizations like Al Qaeda to gain access to chemical weapons. The President also answered questions from the American public about the scope of military action expected if the diplomatic measures should fail.

The President’s call for a diplomatic solution marked the third strategy in two weeks for dealing with allegations that the Assad government was behind the August 21 sarin gas attack in Damascus.

On August 31, President Obama seemed certain of the need to make targeted cruise missile strikes against Syrian chemical weapons depots.  However, the President surprised the American public and his own national security team over the Labor Day weekend by asking Congress to authorize military force in Syria.

This latest strategy came to fruition on September 9 when Secretary of State, speaking off the cuff, offered the Assad government a way to avert military action.  “[Assad] could turn over every single bit of his chemical weapons to the international community in the next week,” Kerry said, adding “All of it.  Turn it over.  Without delay and allow a full and total accounting for that.”

While Kerry dismissed the idea that Assad would acquiesce to such a plan, Russia took steps towards putting that plan into action.  Since that plan was offered, Assad has admitted to possessing stockpiles of chemical weapons and expressed his desire for Syria to join the Chemical Weapons Convention, a UN resolution banning the use of chemical weapons in war.

For more information, please see:

CNN – Syria speech: What’s next on Obama’s to-do list – 11 September 2013

NBC News – Uncertain path forward after Obama makes his case – 11 September 2013

The Guardian – Syria crisis: Obama leans to diplomacy on chemical weapons impasse – 11 September 2013

The New York Times – Planned as Call to Act, Obama’s Speech Became a Plea for Time – 11 September 2013

ABC News – Obama Blends Threat of Attack, Hope of Diplomacy – 10 September 2013

International Prosecutor Quits Cambodia War Crimes Tribunal

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

PHNOM, PENH – The international prosecutor of Khmer Rouge’s tribunal has quit. The prosecutor Andrew Cayley resigned as the court prepares closing arguments in its first mini-trial of two surviving Khmer Rouge leaders.  Cayley was appointed the position in December 2009.

International Prosecutor Andrew Cayley (photo courtesy of VOA)

Britain’s Cayley stated that he resigned this post due to personal reasons. He told the VOA that it was no surprise that he would be resigning this year. However, he did not elaborate on the subject and told VOA that this would not affect the ongoing prosecutions under his authority.

Cayley’s resignation is to be effective on September 16.

This departure comes at a crucial time in the court’s prosecution of two surviving Khmer Rouge leaders: Nuon Chea and Khieu Samphan.

It is believed that these two leaders are responsible for the deaths of two million people between 1975 and 1979. Nuon Chea was Pol Pot’s deputy, and Khieu Samphan was head of state.

Both leaders are now in their 80’s for this trial, and their leader Pol Pot died in 1998.

The trial before the court is said to be so complex that the court divided it into a number of smaller trials. The first of these mini-trials concluded in July and since then the prosecution, defense, and the lawyers for the civil parties have been preparing their closing statements.

The prosecution, defense, and lawyers are scheduled to file their submissions at the end of September, and the court is scheduled to hear oral arguments in October. A judgment is expected next year.

Although this trial is complex, Cayley states that the process was on track as far as the prosecution was concerned.

“What I’ve done in the past month – which I undertook to the UN to do – is I’ve put in place measures basically that the case will continue to a proper conclusion,” said Cayley. “Our written submissions are almost complete and will be ready to be filed on the 26th of September. So yes, it’s not an ideal situation, but certainly the office is well prepared for my departure. And the office is not just about me – it’s about a whole team of people working together, and me departing is not going to affect the quality of the work.”

This under-funded tribunal has been plagued by numerous problems since its creation in 2006.

Recently, about 200 Cambodian employees at the court walked off the job last week to demand months of back wages. The Cambodian side of court, which lacks $3million in funding, has also dealt with allegations of mismanagement and corruption.

This strike could delay the court’s efforts to hear closing submissions in October.

The UN’s role is to fund the international side. However, in recent weeks the UN’s secretary General Ban Ki-moon warned that the court could collapse. He asked the countries to donate $3million needed to keep the national side running until the end of the year.

“Looking at my national colleagues, it’s not just critical for the functioning of the court; it’s actually critical to their lives,” said Cayley. “These are people who haven’t been paid for several months, and they have families that need to be supported. That’s why I think it needs to be resolved as quickly as possible.”

Cayley’s replacement is U.S. lawyer Nicholas Koumjian, who has worked previously at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia. Koumjian is scheduled to arrive in Cambodia next month.

For further information, please visit:

Voice of America (VOA) – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
TheInnoPlexION – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
GlobalSecurity.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
Pakistan.com – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
SILObreaker – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
ViralNewsChart – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
KKYBA.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013