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International Center for Transitional Justice: World Report August 2017 – Transitional Justice News and Analysis

ICTJ World Report

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ICTJ ICTJ World Report
August 2017

In Focus

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“This Is Us”: White Supremacy in the United StatesIn the wake of Charlottesville, some took to Twitter to distance the United States from the white supremacist march using #ThisIsNotUs. But this is us, writes Virginie Ladisch, and white Americans have an obligation to educate themselves about the history and persistence of white supremacy in their country.

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World Report

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AfricaMillions of citizens voted in the presidentital election in Kenya amidst fears of a recurrence of voter-fraud and widespread violence that marked past elections.  Opposition leader Raila Odinga claimed “massive” fraud following the reelection of Uhuru Kenyatta, leading to protests. At least five died in the aftermath. Appeals judges at the International Criminal Court ordered to review the case of Laurent Gbagbo, the former president of Cote d’Ivoire who is being charged for crimes against humanity, to determine whether or not he should be released from detention while still on trial. A notorious warlord wanted for crimes against humanity in the Democratic Republic of the Congo, Ntabo Ntaberi Sheka, surrendered to UN peacekeepers and was transferred to stand trial for his allegations. Prosecutors at the ICC have endorsed 121 witnesses, including some forced wives, in the trial of Dominic Ongwen, a former child soldier turned rebel commander accused of war crimes and crimes against humanity in northern Uganda. An estimated 80,000 apartheid victims still have not benefited from the special reparations fund issued by the Department of Justice in South Africa through the Promotion of National Unity and Reconciliation Act, and reported struggling financially with the minimal compensation awarded to them. The Minister of Federal Government in Sudan renewed its efforts to involve armed movements in national peace processes, and to reintegrate demobilized fighters into all states. The proposed genocide apology from Germany for colonial-era massacres committed in Namibia from 1904 to 1908 has been delayed, further impeding upon redress for the approximately 75,000 victims killed by German authorities. The United Nations announced that it was investigating mass graves found in a town in Mali, where various human rights abuses were also discovered by the UN mission in the country over competition for land control.

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Americas

Colombia’s transitional justice system received case files on 12,000 alleged military criminals and is in the process of verifying which cases qualify as war crimes. The country will institute a transitional justice tribunal and truth commission in the coming months following the selection of judges. The UN also removed more than 7,000 weapons from demobilization zones where former FARC guerillas handed their arms over under the peace deal. Governments in the Caribbean strengthened pressure on Europe to pay reparations for human rights violations committed during the transatlantic slave trade, and included Norway and Sweden in their list of countries to be held accountable. Nurses of the Canadian Association of Perinatal and Women’s Health in Canada are working to seek justice for the hundreds of Indigenous women victims who were forcibly sterilized in Canadian hospitals in the 1970s, and to raise awareness about health care discrimination against Indigenous women specifically. Ottawa also announced its first Indigenous court, which is meant to address the overrepresentation of Indigenous people in Canada’s criminal justice system. In Argentina, four former federal judges in Argentina were sentenced to life in prison for crimes against humanity committed during the country’s last dictatorship

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AsiaThe International Commission of Jurists urged reform in Nepal’s transitional justice measures in a discussion paper focused on the inclusion of victims and human rights organizations. Likewise, the budget for rehabilitation allotted for more than seven hundred kamaiya families in the country reportedly failed to utilize 120 million of its rupees or reach just land compensation, but government officials are working on special programs to settle the freed communities. An International Crisis Group report revealed that Tamil speaking women in Sri Lanka are still seeking truth and justice for wartime human rights violations, and that little has been accomplished to reach reconciliation among communities. Aung San Suu Kyi encouraged national dialogue and the inclusion of the military in Myanmar’s move to civilian rule at the Forum on Myanmar Democratic Transition. Meanwhile in the country, women continue to struggle to have their voices heard in peace processes, and are building a rights movement to access full participation.

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EuropeA court in Kosovo ruled to detain Agim Sahitaj for committing war crimes against Kosovo Albanian civilians in 1999. The proposed Albanian language law in Macedonia that came from the country’s 2001 Ohrid peace accord and would extend the use of Albanian throughout the region, is set to appear before parliament for adoption soon. The initial releases of the approximately 6,000 men and women held in the Omarska detention camp in Bosnia in 1992 was commemorated on the sixth of August, and victims and other civilians honored those who died under the command of the Bosnian Serb forces. Poland demanded compensation from Germany for World War II damages, claiming that the country has failed to take full political, moral, and financial responsibility.

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MenaFollowing protests, Tunisia‘s parliament delayed voting on a bill that calls for amnesty for former public officials accused of corruption during the rule of president Ben Ali. President Michel Aoun of Lebanon visited the historic region of Chouf to celebrate the 16th anniversary of reconciliation between Christian and Druze communities in Mount Lebanon that facilitated co-existence following the country’s Civil War. German prosecutors arrested a 29-year-old man from Syria for alleged war crimes that he committed with the Islamic State after he joined in 2014.

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Publications

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Not Without Dignity: Views of Syrian Refugees in Lebanon on Displacement, Conditions of Return, and CoexistenceDiscussions about a future return of refugees and coexistence among groups currently at war in Syria must begin now, even in the face of ongoing violence and displacement.

Lessons in Truth-Seeking: International Experiences Informing United States InitiativesThis report disscusses the Greensboro Truth and Reonciliation Commission’s Final Report on the 1979 killings of five anti-Ku Klux Klan demonstrators. It focuses on a meeting of representatives from truth recovery efforts around the world to assess the Greensboro experience.

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Upcoming Events

October 09 – 13, 2017

Negotiating Peace and Justice: ICTJ’s 2017 Intensive Course on Transitional Justice and Peace Processes Location: Barcelona, Spain View Details

October 17 – 22, 2017

22nd Workshop in Budapest: Practices of Memory and Knowledge Production Location: Budapest, Hungary View Details

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War Crimes Prosecution Watch: Volume 12, Issue 12 – August 21, 2017

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 12
August 21, 2017

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Iraq

Syria

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Commentary and Perspectives

WORTH READING


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Jurist: Trump and North Korea – Beware the Boogeyman

Trump and North Korea: Beware the Boogeyman

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses how President Trump is using the conflict with North Korea to divert attention from his own shortcomings…

Tyrants need a war. Looking back over the past hundred years one finds that tyrants come to power in conflict and remains in power largely due to conflict. It centers the populace, distracting them from other societal challenges to include their civil liberties.

Politically weak or insecure leaders also need a distraction. I call those distractions boogeymen–nations, a peoples, or culture that the leader perceives to be a threat to the national security. This boogeyman also distracts from the political challenges both real and imagined that leader faces. Hitler had the Jews; Stalin capitalism; the Ayatollah the “Great Satin,” and Assad “terrorists” by way of a few examples.

Dictators and other leaders need a populace that is afraid. Fear is a powerful psychological tool to govern with and leaders use it for various reasons. A populace that is afraid of “something” looks to its leader for security and a solution. This is where the shadow of a boogeyman is useful. Fear can bring a society together in common cause.

Historically these conflicts created by a tyrant, dictator or insecure leader rarely succeed. The immediate result may be a distraction, but in the long term that nation, and its leader, end up weakened and in some cases worse off than they were before the conflict. Various circumstances intervene that were unintended consequences. History shows that these unintended consequences rarely benefit a leader.

Only the citizens of that country suffer those consequences. Simply put some of their loved ones do not come home. Tens of thousands perish their nation weakened politically and economically by the conflict. The nation itself loses stature internationally. Weakened trade through sanctions and other action only bring more unrest and insecurity.

The result is a country in worse shape than before the conflict. It all blows up in the tyrant’s face, with more unrest and division a result. In this information age, conflict is bad for global trade and business, unlike the industrial age where conflict was good for business. The world suffers from this type of threat and conflict as well.

As our President, politically weak, deeply insecure and challenged on all fronts looks for a distraction and a boogeyman, he conveniently has been handed one in the guise of Kim Jong-un and North Korea. From the President’s point of view, he has a “twofer,” a threat worthy of a conflict and a boogeyman. To maintain his political relevancy (and to silence whatever demons whisper to him) a looming crisis with nuclear implications is just what the doctor ordered. Words such as “fire and fury” ring true to him.

Suddenly the Russia scandal is off the front page. No one is talking about collusion, conspiracy, perjury or obstruction of justice. Attention is diverted across the Pacific Ocean to a hermit kingdom led by a crafty leader who uses just this type of tension to maintain his own power.

Kim Jong-un is a dictator, he needs a looming conflict, and he needs that boogeyman, as well, to distract his citizenry away from daily famine towards an impending attack by their boogeyman, the United States. The President has handed him politically a reason to lead his nation and consolidate power on a silver platter.

We have an insecure and an unstable leader in our President now in a possible “dance of death” with a brutal tyrant who is “crazy like a fox.” In my mind, this does not auger well for our national security or international peace and security. To these leaders all this is necessary for political power reasons. Without this tension and possible apocalyptic conflict, their relevancy is threatened. Even if we do not jump into the abyss toward war on the Korean Peninsula, it shows that our President is willing to put our populace in jeopardy for his own political gain.

The actual boogeyman in all this is our own President. Willing to sacrifice it all for personal gain and power. Where are the “the Generals” who actually control the national security apparatus, the White House Chief of Staff, the Secretary of Defense and the National Security Advisor? Are they going to let this happen? They know the true consequences of war. The President does not. Beware the boogeyman!

David M. Crane is a professor at Syracuse University College of Law. He is the founding Chief Prosecutor of the International War Crimes Tribunal in West Africa called the Special Court for Sierra Leone. He is also the founder of the Syrian Accountability Project.

Suggested citation: David M. Crane, Trump and North Korea: Beware the Boogeyman, JURIST – Academic Commentary, August 11, 2017, http://jurist.org/forum/2017/08/David-Crane-beware-the-boogeyman.php

War Crimes Prosecution Watch: Volume 12, Issue 11 – August 7, 2017

Case School of Law Logo

 
Founder/Advisor
Michael P. Scharf
 
War Crimes Prosecution Watch
Volume 12 – Issue 11
August 7, 2017
PILPG Logo
Editor-in-Chief
James Prowse
Managing Editors
Rina Mwiti
Alexandra Mooney
War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.
Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents


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International Center for Transitional Justice: In Focus – With Elections Just Days Away, Kenya Must Learn From Its Past

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ICTJ ICTJ In Focus 71
August 2017

In Focus

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Kenya's Security Sector Needs to Learn from the Past to Safeguard the Nation at this Critical MomentKenya’s Security Sector Needs to Learn from the Past to Safeguard the Nation at this Critical MomentKenya is just days away from the 2017 general election, but challenges dot the horizon, including the recent assassination of an election official. ICTJ’s Chris Gitari calls for a strong, accountable security sector and the implementation of the Truth, Justice and Reconciliation Commission Report.

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Other News

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What Role Can Transitional Justice Play in Confronting Racial Injustice in the United States?What Role Can Transitional Justice Play in Confronting Racial Injustice in the United States?As grassroots efforts to confront the legacy of racial injustice in the United States take hold from New Orleans to Maine and beyond, how can transitional justice experiences around the world inform their work? That was a major focus of a recent conference ICTJ co-convened, hosted by Kean University.

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After the Rupture: Understanding Transitional Justice and ReconciliationAfter the Rupture: Understanding Transitional Justice and ReconciliationIs reconciliation a central aim of transitional justice processes? Or does it have different bearings in different settings? A new paper presents possible understandings of the concept of reconciliation as well as its relationship to the field of transitional justice.

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Publications

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Victims Fighting Impunity Transitional Justice in the African Great Lakes RegionIn many countries of the African Great Lakes region, state-led approaches to transitional justice have been created by wide-ranging agreements or policies that have been later forgotten or only partially implemented.

Justice Mosaics: How Context Shapes Transitional Justice in Fractured SocietiesWhat hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of conflict? Or in countries like Tunisia, after years of repression and corrosive corruption?

More Publications

Upcoming Events

July 26 – September 03, 2017

The Legacy of Lynching: Confronting Racial Terror in America Location: Brooklyn Museum View Details

October 09 – 13, 2017

Negotiating Peace and Justice: ICTJ’s 2017 Intensive Course on Transitional Justice and Peace ProcessesLocation: Barcelona, SpainView Details

More Events
Copyright 2011 International Center for Transitional Justice Unsubcribe from this newsletter.
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ICTJ | 40 Fulton Street, Floor 20 | New York, NY USA 10038 | Tel: +1 917 637 3800