News

Potential ICC Investigation Into the Actions of the Taliban, the United States, and Afghanistan Authorities

By: Katherine Hewitt
Impunity Watch Reporter, Asia

KABUL, Afghanistan – On 3 November 2017 Fatou Bensouda, a prosecutor for the International Criminal Court (ICC), put forth a request to start an investigation into war crimes and crimes against humanity committed in Afghanistan. Her investigation will focus on crimes committed since 1 May 2003 in Afghanistan as well as others linked to the armed conflict since 1 July 2002.

Fatou Bensouda, ICC Prosecutor. Photo Courtesy of the ICC.

She completed a preliminary examination of the events in Afghanistan and believes that all requirements, stated in the Rome Statute, to develop a case are present. The analysis began more than ten years ago.

In order for a case to develop in the ICC, a prosecutor must bring forth a case with evidence to a Pre-Trail Chamber. After listening to the case and reviewing the evidence provided from the preliminary investigation, the ICC can approve or deny the request for a formal judicial investigation.

Bensouda identified three categories of actors that would be involved in ICC investigations. She believes abuses were committed by the Taliban, U.S. Soldiers/Central Intelligence Agency officials, and Afghanistan government officials. The Rome Statue, which governs the actions of the ICC, states that anyone can be prosecuted for crimes that happened within a country that signed the Rome Statue. Therefore, despite the U.S. not being a signatory of the ICC, U.S. officials could still be tried in court.

Human Rights supporters applaud this movement. Many crimes have gone unnoticed and unpunished in Afghanistan over the past 10 plus years. They hope that this investigation will shed light on what has been happening as well as bring justice to the victims.

 For more information, please see:

Human Rights Watch – Inching Closer to Justice in Afghanistan – 3 November 2017

International Criminal Court – Statement of ICC Prosecutor, Fatou Bensouda, regarding her decision to request judicial authorisation to commence an investigation into the Situation in the Islamic Republic of Afghanistan – 3 November 2017

The Washington Post – ICC seeks investigation into war crimes in Afghanistan since 2003 – 3 November 2017

International Criminal Court – Report on Preliminary Examination Activities 2016 – 14 November 2016

Young Refugees in Germany Pushed Into Prostitution

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BERLIN, Germany – Young refugees are being pushed into prostitution in Germany by the people hired to protect them, a new report finds.

A Young Migrant. Photo Courtesy of W. Steinberg.

A program by public broadcaster ZDF called “Frontal 21” ran in Germany on Tuesday, November 7th. The broadcast alleges that employees of security companies in Berlin are pushing refugees at accommodation centers into prostitution.

The security guards reportedly meet with refugees – including minors –  in shelters and encourage them to take up prostitution. The guards earn commissions for each referral.

ZDF interviewed several security guards who admitted to the practice and indicated that young men are particularly vulnerable. One guard indicated that “they need to be of a certain age, attractive. From 16 years and up; the younger they are, the more expensive they are.”

Another guard responsible for the oversight of several shelters admitted to a network of pimps within the refugee homes.

Several refugees corroborated the guards’ statements. A 20 year-old Afghan migrant told ZDF that after his refugee application was rejected, he was approached by a security guard with an offer. He was told that  “for sex with a woman you get €30, maybe even €40”. He stated that he had to earn money to survive but that “I’m ashamed of what I do.”

A social worker in Berlin interviewed by ZDF stated she has been monitoring the situation. She witnessed guards giving money to residents at a shelter and confirmed with the residents that prostitution is occurring.

Berlin’s Department for Integration, Labor and Social Affairs have advised that the allegations are being taken seriously and are under investigation.

“We have to take this very seriously, because it is totally unacceptable to exploit the material hardships that many refugees and migrants are in,” said Steffen Seibert, spokesman for the German government. “It would be morally reprehensible if they were forced into prostitution.”

The allegations against the guards come after the United Nations reported in September that 75% of youth migrants coming into Europe are victims of forced labor, sexual abuse, child marriage and other exploitation.

“If the allegations of security staff profiting from and driving refugees into prostitution are true, these would be very serious charges,” said Steffen.

The allegations come amidst concerns over how to accommodate migrants in Germany. Between 2015 and 2016, over one million refugees arrived.

For more information, please see:

Deutsche Wells – Berlin Security Guards Pushed Young Refugees Into Prostitution – 25 October 2017

Gulf News – Berlin Security Guards Pushing Refugees Into Sex Work: Report – 25 October 2017

The Local Germany – Security Guards in Berlin are Pushing Refugees Into Prostitution: Media Report – 25 October 2017

Reuters – Germany Investigating Reports of Refugees Forced Into Prostitution – 26 October 2017

USA Today – Young Refugees Pushed Into Prostitution in Germany – 26 October 2017

UN concerned of Saudi blockade into Yemen

Matthew Sneed
Impunity Watch Reporter, The Middle East

SANAA, Yemen – On November 6, the Saudi military coalition announced that it would close all land, air, and sea ports to the Arabian Peninsula. The decision comes as the Saudis continue to fight the Houthi movement in Yemen. The coalition stated that the purpose was to slow the flow of arms to the Houthis from Iran.

The Saudi coalition has blocked air, land, and sea ports, making it difficult for Yemen to receive foreign aid. Photo courtesy of AFP/Getty.

Saudi Arabia accused Iran of directly arming the rebels, calling it, a “direct military aggression.” Tensions are also escalated after a ballistic missile was intercepted near the Saudi capital. Saudi Crown Prince Mohammed Bin Salman said providing rockets to the rebels “may be considered an act of war.”

Nikki Haley, permanent representative of the US to the United Nations, believes that the missile could have been supplied by Iran. If true, then Iran would be in violation of two UN resolutions. First, Tehran is prohibited from buying, selling, or transferring weapons outside of the country without prior approval from the UN Security Council. Second, they are prohibited from selling weapons to Houthi leaders or their allies.

Despite the closure of ports following the missile strike, the Saudi coalition has said that humanitarian aid would be able to pass into Yemen under strict rules. However, some agencies have already experienced difficulties trying to enter the region. According to U.N. deputy spokesman Farhan Haq, the UN was expected to have two flights into Yemen on November 6, but both flights were cancelled. “We are in touch with our counterparts and we’re trying to see whether we can get our normal access restored, and we’re hopeful that we will be able to continue our normal operations,” he said.

The Red Cross has experienced difficulties as well. They stated that their shipment of chlorine tablets had been blocked. The tablets are crucial to fighting cholera, a disease which affects about 90,000 people in the area.

Jens Laerke, Office for the Co-ordination for Humanitarian Affairs spokesman, said, “If these channels, these lifelines are not kept open, it is catastrophic for people who are already in what we have said is the world’s worst humanitarian crisis at the moment.”

The situation has grown increasingly worse for a country that primarily relies on imports for items necessary for survival such as food, fuel, and medicine. The UN reports that approximately seven million people in the country are “on the brink of famine.”

For more information please see:

Reuters – Saudi-led forces close air, sea and land access to Yemen – 06, Nov. 2017

The Washington Post – UN expresses concern of aid to Yemen – 06, Nov. 2017

BBC – Yemen conflict: Saudi ban “catastrophic” for aid – 07, Nov. 2017

Chile grants asylum to Venezuela’s opposition leader

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – Chile’s Foreign Ministry granted political asylum to one of Venezuela’s most prominent opposition leaders, Freddy Guevara. He has taken refuge in the Chilean ambassador’s residence.

Freddy Guevara gives a press conference. Image Courtesy of Fernando Llano.

The Ministry said in a statement that “it had welcomed congressman Freddy Guevara as a guest, in line with Chile’s humanitarian tradition.” Mr. Guevara, 31, is the vice-president of Venezuela’s National Assembly. He has been accused of instigating violence during opposition protests, and asks for political protection because he feels there are imminent threats to his security.

Mr. Guevara arrived in Caracas On November 4 with his girlfriend to take refuge with the Chilean embassy. This concluded a suspenseful 24-hour period in which vehicles belonging to the Sebin intelligence police surrounded Mr. Guevera’s home and forced him into hiding.  Mr. Guevara is currently in the ambassador’s residence which is located in an exclusive country club neighborhood with walled-in estates and a golf course. There was no sign of activity at the refuge the following morning.

The Supreme Court of Venezuela is calling for Mr. Guevara’s arrest on allegations of inciting unrest and violence during months of anti-government protests. The National Assembly’s president, Julio Borges, claims President Maduro’s government is behind the court’s ruling. Several other key opposition members have been prosecuted, jailed, or stripped of their political rights since Maduro was elected in 2013. Mr. Borges stated, “Venezuela is hungry for food, but also freedom, justice and dignity.”

The government-stacked Supreme Court barred Mr. Guevara from leaving the country and has called on the Constitutional Assembly to strip his immunity from prosecution. The Constitutional Assembly was recently created to replace the National Assembly and is filled with pro-government members. President Maduro has given the Constitutional Assembly virtually unlimited power. However, law says that the opposition-controlled National Assembly should be the one to determine whether a legislator should lose constitutional immunity. This attempt to shift power away from the National Assembly and prosecute one of its leaders demonstrates Maduro’s effort to tighten his grip on power.

Venezuela’s Foreign Minister Jorge Arreaza spoke on behalf of the government and labelled Guevara a coward. He tweeted, “some people are brave when it comes to inciting violence, destruction and death, but when justice is done, they run away in shameful cowardice.” Other government authorities also publicly mocked him for taking refuge in the embassy.

The United States has denounced the pro-government Constitutional Assembly for taking his immunity. Mr. Guevara was often on the front lines of protests demanding early elections, humanitarian aid to alleviate hunger, freedom for imprisoned dissidents, and respect for the National Assembly.

For more information, please see:

Guam Daily Post – Venezuela opposition leader seeks refuge in Chile – 7 November 2017

Voice of America – US Denounces Venezuela After Legislature Targeted Opposition Leader Guevara – 7 November 2017

The Guardian – Chile willing to grant asylum to Venezuelan opposition lawmaker – 7 November 2017

BBC – Venezuela opposition politician Freddy Guevara seeks refuge – 5 November 2017

ABC News – Venezuela opposition leader seeks refuge in Chilean embassy – 5 November 2017

Crackdown on anti-Putin protests leads to several arrests

By: Sara Adams
Impunity Watch News Reporter, Europe

Russian police pat down a protester. Image courtesy of Nikolay Koreshkov.

MOSCOW, Russia – Several protesters were arrested by the Russian police in Moscow on November 5th.

News outlets are reporting anywhere from 86 to 260 have been arrested at an unauthorized gathering at Manezh Square.

The rally was allegedly planned by a group known in Russia for their anti-Vladimir Putin stance. The group, called Artpodgotovka, has been labeled an “extremist” group by a Russian court.

Russia’s security agency also reported that it had arrested several group members suspected of plotting to firebomb government buildings.

This is not the first time President Putin has sent in law enforcement to arrest people who oppose him.

In early October, 290 protesters were arrested among 26 cities. The protests were marches against Mr. Putin, taking place on his birthday.

Thousands reportedly marched against Mr. Putin’s government.

Free speech and assembly rights in Russia have been severely limited since Mr. Putin took presidential power in 2012.

Before that, Mr. Putin served as prime minister since 1999.

Much of the anti-Putin sentiment is stoked by fears of another revolution.

This year marks the 100-year anniversary of the Bolshevik revolution, the event that led to a massive civil war with millions of casualties.

The Russian government, the Kremlin, will not commemorate this event for fears of stoking anti-government sentiment.

Dima Litvinov is the great-grandson of Maxim Litvinov, who was a Soviet foreign minister after the Bolshevik revolution.

He says that his great-grandfather would be “horrified by the extreme nationalism and religious intolerance that is going up in Russia.”

He adds, “Russia, in a way, hasn’t moved on. People feel detached from the ability to affect their fate and the government. The authorities like it that way.”

Mr. Litvinov may not be far off.

The November 5th protesters are alleged to have been led by nationalist politician Vyacheslav Maltsev. Mr. Maltsev is an outspoken critic of Mr. Putin.

Mr. Maltsev has called publicly for Mr. Putin to be impeached. He also has said that a “revolution is imminent.”

While several of the protesters are being released from detainment, Mr. Maltsev is reportedly living abroad after a Moscow court issued an arrest warrant for him.

For more information, please see:

BBC News – Russia protests: At least 260 nationalist Putin opponents held – 5 November 2017

The Washington Post – Russia struggles with legacy of 1917 Bolshevik Revolution – 5 November 2017

ABC News – At least 86 Russian nationalist protesters reported arrested – 5 November 2017

Reuters – Police detain dozens in Moscow amid fear of anti-government attacks – 5 November 2017

The New York Times – At Least 86 Russian Nationalist Protesters Reported Arrested – 5 November 2017

CNN – Russian police arrest hundreds in protests on Putin’s birthday – 8 October 2017