PEACE NEGOTIATIONS WATCH

Friday, April 15, 2011
Volume X, Number 16

In this issue:

CONFLICT UPDATES

Afghanistan
Bosnia
Burma
Egypt
Georgia
Kashmir
Kenya
Kosovo
Nepal
Piracy
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Thailand
Uganda
Zimbabwe

Afghanistan

Turkey Says It Is Ready to Host a Taliban Office as Part of Efforts to End Afghan War
The Associated Press, April 12, 2011
Turkey’s Foreign Minister, Ahmet Davutoglu, said that Turkey would be willing to host a political office for the Taliban in order to assist with talks between the Taliban and the Afghan government.  Afghan officials report that Turkey has already taken steps to establish the office, which would create a safe location from which Taliban members interested in negotiating peace could meet with other actors.  Turkey is the only Muslim member of NATO, and contributes noncombat troops to NATO’s Afghan operation.

Afghan Opposition Cautions US on Taliban Peace Talks
AFP, April 13, 2011
Abdullah Abdullah, Afghanistan’s main opposition leader, warned the United States (US) that talks with the Taliban would not improve the situation on the ground.  Abdullah argued that President Hamid Karzai and his government are the biggest problems Afghanistan faces, and that talks between the Karzai government and the Taliban would sideline other actors and draw focus away from the political process.

Bosnia

Serb Leader Blames Former US Ambassador of “Ignoring Facts”
Adnkronos International, April 7, 2011
Milorad Dodik, President of Republika Srpska, has recently commented on WikiLeaks cables published by Reuters on April 6, 2011.  In these cables, a former US ambassador to Bosnia and Herzegovina (BiH) vehemently criticized Dodik for undermining reform efforts in BiH and advocating for Bosnian Serb autonomy.  Dodik responded that these statements are not an accurate depiction of the situation in BiH and that foreign ambassadors should stop interfering in BiH’s affairs.

EC President Urges Bosnia to Form Government and Introduce EU Standards
Associated Press, April 8, 2011
On a recent political tour of the Balkans, European Commission President Jose Manuel Barroso urged BiH to form a state government and implement reforms necessary for accession to the European Union (EU).  Barroso stressed that the EU will help BiH both politically and financially towards EU integration, but that greater cooperation among Bosnian leaders was essential.

Burma

Burmese Leader Retires as Army Head
Financial Times, April 4, 2011
Senior-General Than Shwe, leader of the Burmese junta, officially retired as head of the army and handed over powers to President Thein Sein and his new civilian government, sworn in on April 1.  Despite not holding any official title, Than Shwe is widely expected to retain de facto power.  Than Shwe’s strategy appears to consist of placing his loyalists in key positions while still preventing any of them from challenging his leadership.

Burma’s Democratic Parties Welcome U.S. Special Envoy
The Irrawaddy, April 4, 2011
Aung San Suu Kyi’s National League for Democracy (NLD) and the National Democratic Force (NDF), the main Burmese opposition parties, have officially welcomed the appointment of Derek Mitchell as Special Envoy to Burma.  The NLD believes that Burma is at a crossroads in its democratic transition and that the U.S. Special Envoy could facilitate dialogue with the new government.  Meanwhile, the NDF said the US Special Envoy will have to think about the effectiveness of economic sanctions.

Thein Sein Urges Decentralization
The Irrawaddy, April 8, 2011
In a national address on April 6, Burma’s President Thein Sein announced a political transition towards a more decentralized system.  However, he did not specify the particular responsibilities that would be devolved to the states and regions.  Thein Sein urged the state and regional ministers to comply with national policy, insisting that ministers would be held accountable for their work.  Opposition leaders are skeptical about the decentralization, pointing out that the Constitution provides for the government’s central control over every important decision.

Egypt

Two Protesters Killed in Egypt’s Tahrir Square
The New York Times, April 9, 2011
Following two days of protests on Tahrir Square in Cairo denouncing the military’s tactics, Egyptian security forces shot at demonstrators to disperse them, killing two people and wounding dozens more.  Human rights groups also reported that forty-two protestors are being detained and interrogated for violating curfews and the recent ban on demonstrations.  Several protest leaders have issued statements calling for dialogue with the military and attempting to prevent future violence.

Egyptian Protesters Defy Military, Return to Tahrir Square
The Washington Post, April 9, 2011
A day after the Egyptian military used force to disperse protesters in Tahrir Square, protesters returned to call for the removal of the head of the Supreme Council of the Armed Forces (SCAF), escalating tensions between democracy activists and the military.  The military used force to disperse peaceful protesters who broke curfew the night before, and threatened to use force again if necessary.  However, some soldiers broke ranks and joined the protesters to demand faster progress on reforms and bringing members of the former regime, including former president Hosni Mubarak, to justice.

Revolutionary Youth Coalition Suspends Dialogue with Military Council
Ahram, April 10, 2011
Egypt’s Revolutionary Youth Coalition (RYC) announced that it would suspend its discussions with the SCAF.  The RYC stated that the discussions would not resume until the SCAF starts an investigation into the military’s use of force to disperse protesters on April 8, and meets other RYC demands.  The RYC also threatened a sit-in if investigations are not started by April 15.

Georgia

Ex-Soviet Georgia Says Bombs Found, Blames Russia
Reuters, March 31, 2011
Two bombs were found outside a municipal building in Tbilisi and one bomb was detected outside a civil registry office in Kutasi, 150 miles west of the capital. Three people arrested on suspicion of planting the bombs claim that they were give the explosives by a Russian military officer.

World Court Refuses Georgia-Russia Case
UPI, April 1, 2011
The International Court of Justice (ICJ) has found that it has no jurisdiction to hear a case dealing with alleged human rights violations by Russians in separatist regions in Georgia. The ICJ found it had no jurisdiction because Georgia never tried to settle its claims through negotiation before bringing the matter to court.

Kashmir

BJP Willing to Talk to Kashmiri Separatists: Rajanth Singh
The Times of India, April 11, 2011
Rajnath Singh, a senior leader of the Bharatiya Janata Party (BJP), expressed his party’s willingness to engage in talks with all parties in Kashmir, including separatists, so long as the talks remained within the framework of the Constitution.  Singh, chairman on BJP’s Jammu and Kashmir parliamentarian study group, reported that BJP does not have its own proposal on peace in Kashmir, but would work with the Indian parliament to develop a plan, considering the views of the people of Jammu and Kashmir.

Kashmiri Militants Watch Talks but Ready to Fight
Reuters, April 13, 2011
Militant Pakistani Kashmir separatists have expressed their willingness to engage in the talks between India and Pakistan, announced last month, but maintain that they will return to violence if the talks do not progress.  Many separatist militants in Pakistani Kashmir are currently engaged in peaceful occupations and are unable to cross the Line of Control into Indian Kashmir, but have stressed that they are ready to take up arms if necessary.

Kenya

Kiplagat, Mwiraria Summoned by Truth Justice and Reconciliation Commission
Capital News, April 5, 2011
Forty-two witnesses have been summoned to appear at the first public hearings of the Truth, Justice, and Reconciliation Commission (TJRC), including former TJRC Chairman Bethuel Kiplagat.  Kiplagat resigned from the post in November under pressure because of his alleged role in incidents being investigated by the TJRC.

Three Leading Kenyans Appear at International Court
Associated Press, April 8, 2011
Uhuru Kenyatta, Francis Muthaura, and Mohammed Hussein Ali appeared before the International Criminal Court (ICC) on Friday at a hearing to determine whether they understood the charges against them, to read them their rights, and to set a schedule for future pretrial hearings.  The three men were not required to enter pleas.  The other three suspects appeared on Thursday and declared their innocence before the court.  Although the suspects’ lawyers requested the evidence against their clients to prepare a defense, Kenya’s application to drop the cases from the ICC may delay any disclosures.

United Nations Rejects Kenya Request to Defer International Criminal Court Case
Agence France Presse, April 9, 2011
Following a meeting on Kenya’s application to defer the ICC process for one year, the United Nations (UN) Security Council President said that the members of the Security Council could not agree on the issue.  A UN diplomat indicated that this outcome means the Security Council will not consider Kenya’s request further.

Kosovo

Kosovo Elects New President
Reuters, April 7, 2011
Kosovo’s government has elected deputy director of police Atifete Jahjaga as the new President.  The vote followed a surprise agreement between government coalition partners, the Democratic Party of Kosovo and New Kosovo Alliance, and the opposition party Democratic League of Kosovo.  Jahjaga’s election staved off impending collapse of the government and spurred electoral reform.  Jahjaga is not a politician, and will likely not serve the full five-year term.  The parties agreed to amend the Constitution to make the president directly elected by the public within nine months and subsequently hold presidential elections six months later.

Del Ponte Questions EULEX Organ Trade Probe
Balkan Insight, April 7, 2011
According to former Chief Prosecutor for the International Tribunalfor the former Yugoslavia Carla Del Ponte, the European Union Rule of Law Mission in Kosovo (EULEX) does not have the capacity to objectively and effectively investigate allegations of organ trafficking in Kosovo and Albania.  Del Ponte’s comments stem from the recent Marty Report, which implicated several politicians and former members of the Kosovo Liberation Army for organ trafficking.  She believes EULEX cannot carry out these investigations because it does not have an effective witness protection program or the authority to conduct investigations outside of Kosovo.  Currently, an independent investigation can only occur pursuant to a UN Security Council resolution.

Nepal

People’s Liberation Army Integration: Dahal Lauds Army Proposal
The Kathmandu Post, April 7, 2011
Maoist Chairman Pushpa Kamal Dahal praised the Nepal Army’s integration proposal, indicating that the Maoists were willing to work with the Army on the terms of the proposal.  The proposal would create a separate unit within the Army, half composed of former Maoist combatants and the other half of current security sector personnel.  The International Crisis Group released a report that said that the new unit was a useful political compromise, but would not contribute to the needed security sector reform.

Finance Minister Says Full, Not Supplementary, Budget on May Third
The Himalayan Times, April 7, 2011
Contradicting rumors of a supplementary budget being proposed three months before the end of the fiscal year, Nepal’s Finance Minister Adhikary announced that the Cabinet would be bringing an early full budget for 2011-2012 before Parliament on May 3.  Meanwhile, the government has decided to accept several loans from the World Bank, the European Union, and an Indian bank.

Prime Minister Set to Expand Cabinet April 10
Republica, April 10, 2011
On April 10, Nepal’s Prime Minister was set to expand his eight-minister cabinet, even if it means more ministers will be from his party.  He is also expected to name several Unified Communist Party of Nepal (Maoist) ministers.  The Maoists agreed to nominate their ministers after the formation of a high-level mechanism to oversee government operations and the formulation of a code of conduct.  Top leaders of various parties held meetings to resolve disputes regarding power sharing and the budget.

Piracy

Somaliland Warns Will Not Take in Foreign-Seized Pirates
AFP, March 29, 2011
Somaliland inaugurated an UN-funded prison in its capital Hargeisa to serve as a holding site for pirates, but government officials warned that it was not accepting pirates seized by foreign powers.  The UN renovated the prison with the goal of making conditions acceptable for states wishing to repatriate Somali pirates.  Of the 297 detainees currently in the facility, eighty-eight are pirates, all of whom come from Somalia and were seized by Somaliland officials or local people.  The region’s decision will likely be a significant setback in the international community’s attempts to repatriate arrested pirates to east Africa for trial.

Spanish Navy Delivers Suspected Pirates to the Seychelles
AFP, April 3, 2011
The Spanish Navy handed over to Seychelles authorities eleven pirates who were captured while pursuing a fishing boat in the Indian Ocean.  The Spanish frigate involved in the operation is part of the European Union’s Atalante anti-piracy operation in the Indian Ocean. The international community is having trouble prosecuting the ever-increasing number of Somali pirates.

Somali Pirate Gets Twenty-Five Year Sentence: Will it Be a Deterrent?
Christian Science Monitor, April 7, 2011
A US federal judge sentenced a Somali man, Jama Idle Ibrahim, to twenty-five years in prison for his role in hijacking a Danish merchant ship in 2008.  The ship and its crew were attacked by a band of Somali pirates and held for seventy-one days until the Danish company that owns the ship paid a $7.1 million ransom. Ibrahim is already serving a thirty-year prison sentence for being part of a group that tried to hijack a US Navy ship by mistake in 2010.  Both sentences will be served concurrently as part of a plea agreement in which Ibrahim pled guilty to both charges and will help prosecutors build cases against other accused pirates.

Sudan: Darfur

Darfur Referendum Row: JEM Stops Talks as LJM Says Peace Process Must Go On
Sudan Tribune, April 5, 2011
The Justice and Equality Movement (JEM) suspended its participation in negotiations with the Government of Sudan to protest against the presidential decree to hold a referendum on Darfur administrative status.  The Liberation and Equality Movement (LJM) will continue negotiations, disregarding the decree as a measure undertaken outside the Doha forum with which they are not concerned.  The mediators stressed that the decree should not discourage parties from reaching an agreement, urging all to submit final observations and proposed amendments.

US Asks SLM-MM to Join Doha Talks on Darfur
Radio Dabanga, April 7, 2011
US Special Envoy for Darfur Dane Smith requested Minni Minawi’s faction of the Sudan Liberation Movement (SLM-MM) to join the ongoing peace negotiations in Doha.  The SLM-MM’s pre-conditions for joining the peace talks include: an independent mediator accepted by the parties; a neutral platform for negotiation with international observation; and a declaration of new principles with the participation of all the armed movements in Darfur.

LJM Negotiators Respond to Mediators on Outstanding Issues
Radio Dabanga, April 8, 2011
LJM negotiators submitted their final position on outstanding issues to the Doha mediation.  LJM reiterated the need for one Darfur regional government and representation in the executive branch through a Darfur appointment to the position of Vice President.  Having delivered its position, it is now waiting for a final document to be prepared by the mediators.

Sudan: Southern Sudan

Rebels and Rumors as Sudan Separation Looms
AFP, April 4, 2011
In the face of impending independence, infighting and violence has increased tensions within South Sudan.  Hundreds of people have been killed in fighting between rebel groups and the Southern army, with accusations of assassination plots against Southern leaders and reported plans for further attacks by rebels fueling the mood of fear and distrust.

South Sudan MPs Say Exclusion Violates Peace Accord
AFP, April 4, 2011
The Sudanese Parliament has followed through with its plan to strip Southern MPs of their positions starting in April.  The MPs protest that this is a violation of the Comprehensive Peace Agreement, which they argue is valid until July 9, and should therefore secure their positions in Parliament until that time.

Sudan’s Kiir May Be Relieved from his VP Post Prior to July, Says Parliament Speaker
Sudan Tribune, April 9, 2010
According to the speaker of the Sudanese National Assembly, First Vice President Salva Kiir could be removed from his post by presidential decree prior to the secession of South Sudan in July.  The speaker said that such a decree would be justified because Kiir’s position has become ceremonial and does not have real power.

Tanzania

Constitution Talks Chaos
The Citizen, April 8, 2011
A public forum to discuss the Constitutional Review Bill was organized in Dodoma, the capital of Tanzania, on April 7.  Opponents of the Bill criticized its “shortcomings,” including a constraint on public officials from talking about the presidency, or the governments of the Union and Zanzibar.  Students and members of civil society gathered around the Parliament to share their views on the bill, but the police refused their entrance due to limited space.  This sparked a violent clash, with students throwing stones and policemen responding with tear gas.

Constitutional Draft Bill Debate Ends in Disarray with Denial of Union
Daily News, April 10, 2011
A public forum to discuss the Constitutional Review Bill was held in Zanzibar on April 9, 2011.  The session ended when a Zanzibari imam led protests against the Bill; the imam tore the bill during the debate amidst shouts from the audience, who spoke out against the bill and unity with mainland Tanzania.  The imam’s actions prompted other people from the audience to wave banners and proclaim slogans advocating Zanzibar independence.

Mbowe Urges “Unity” in Constitutional Bill Debate
Daily News, April 10, 2011
Chairman Freeman Mbowe of Chama Cha Demokrasia na Maendeleo (Chadema), the main Tanzanian opposition party, said that the debate on the Constitutional Review Bill has further divided Tanzanians, instead of fostering unity.  Mbowe was dissatisfied that the Revolutionary Government of Zanzibar was not included in drafting the Bill and that very few citizens were able to voice their opinion on the Bill.  As a result, Chadema will vote against the Bill in Parliament and will organize a demonstration opposing the Bill in coming days.

Thailand

Thai Armed Forces Deny Coup Rumors
UPI, April 5, 2011
On April 5, Thailand’s supreme military commander Gen. Songkitti Jaggabatara denied rumors that the army was preparing a coup, and declared that anyone attempting to lead his soldiers into one would be treated as rebels.  He further re-emphasized that the Thai army supports democracy and thus operates according to Thailand’s constitution.

Thai Military Not Participating In Thai-Cambodia Peace Talks
Voice of America, April 7, 2011
Thailand’s military is not attending the peace talks between Thailand and Cambodia regarding the border dispute that reignited last February.  Members of the Thai-Cambodia Joint Boundary Commission are still meeting without the Thai military.  Experts believe the Thai military’s absence is due to a disagreement between Thailand’s foreign ministry and the military over how to address the border dispute.

Thailand’s Red Shirt Protesters Mark Anniversary of Bloody Clash with Government Forces
The Associated Press, April 10, 2011
Thailand’s opposition Red Shirt movement held a rally commemorating the one-year anniversary of a confrontation between the army and Red Shirt protesters that left twenty civilians dead.  The rally, which remained peaceful, drew about 20,000 supporters to the site of the clash.  Red Shirts have held frequent demonstrations to show their strength and rally supporters for the upcoming elections, as well as to demand more thorough investigations into the deaths during the protests.

Uganda

2010 Human Rights Report: Uganda
Department of State, April 8, 2011
The US Department of State Bureau of Democracy, Human Rights, and Labor released its annual human rights report on Uganda on April 8, 2011.  The report details Uganda’s unfavorable record regarding various human rights standards, including disrespect for the integrity of the person and the denial of basic civil liberties.  The report implicates the Lord’s Resistance Army as a source of serious human rights problems, as well as the Ugandan police for torturing and arbitrarily detaining innocent citizens.  However, there were no reports of political prisoners over the past year.

Zimbabwe

Mugabe Tries to Heal Rift with Region Over Violence
Reuters, April 6, 2011
In a published article, a spokesman for President Robert Mugabe said that the recent criticism aimed at Zimbabwe from the Southern African Development Community (SADC) resulted only from minor points of disagreement, trying to dispel the notion that Mugabe had fallen out with regional leaders.  The SADC, typically protective of Mugabe’s actions when faced with Western criticism, has recently denounced a spike in political violence in Zimbabwe.  Mugabe, meanwhile, relies heavily on his traditional support bases in the region and strongly desires to retain the support of local governments.

Rights Groups Threaten Street Protests
Reuters, April 7, 2011
Human rights groups have announced that unless harassment against civil society ends, they will stage massive protests against the government.  This threat follows a recent crackdown on civil society members, including arrests at some organizations dedicated to human rights in Zimbabwe.

Allies of Zimbabwe’s President Push for Quick Vote
New York Times, April 8, 2011
President Robert Mugabe’s party is determined to hold the 2012 presidential elections this year.  At eighty-seven, Robert Mugabe has been criticized for his thirty-year dictatorship rule, wavering health, and inability to rule for another five-year term.  South African President Jacob Zuma argued that a free, fair, and credible election is impossible this year because many international monitoring institutions would be unable to mobilize in time. Mugabe maintains that Zimbabwe’s neighbors should not interfere in the country’s affairs.

Peace Negotiations Watch is a weekly publication detailing current events relating to conflict and peace processes in selected countries.  It is prepared by the Public International Law & Policy Group (PILPG) and made possible by grants from the Carnegie Corporation of New York and the Ploughshares Fund.

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Copyright (C) 2010 PILPG All rights reserved.

AMNESTY INTERNATIONAL
PRESS RELEASE

15 April 2011
AI Index: PRE01/210/2011

A judgement handed down today by the International Criminal Tribunal for the former Yugoslavia (ICTY) convicting two Croatian generals of responsibility for crimes against humanity is a strong victory for Croatia’s war victims, Amnesty International said.

The ICTY convicted Ante Gotovina and sentenced him to 24 years. Mladen Markač was also convicted and sentenced to 18 years’ imprisonment. A third general, Ivan Čermak, was acquitted.

Ante Gotovina and Mladen Markač were found guilty of having participated in a joint criminal enterprise during and after the military “Operation Storm,” carried out from August to November 1995 with the aim of forcibly and permanently removing the ethnic Serb population from the Krajina region of Croatia.

“This judgement is the first step to truth and justice for many victims of crimes committed during ‘Operation Storm’ in Croatia in 1995,” said Nicola Duckworth, director of Amnesty International’s Europe and Central Asia Programme.

“It shows that even the most high-level perpetrators of crimes under international law cannot evade justice.”

According to the indictment, crimes against humanity were committed during the 1995 military operation, including persecutions, deportation, murder and inhumane acts. The charges also included war crimes, such as unlawful destruction of civilian property.

In a recent report, Behind a Wall of Silence: prosecution of war crimes in Croatia, Amnesty International documented how justice in Croatia is slow and selective more than 15 years after the war ended, and how a lack of political will to deal with the wartime past prevents many victims from receiving justice, discovering the truth and obtaining reparation.

Only 18 cases are resolved on average each year, adding to a backlog of more than 500 cases. At the current rate of prosecution, some victims of alleged war crimes and crimes against humanity would need to wait another 30 years to see justice.

High-level Croatian political figures – including current Deputy Speaker of the Croatian Parliament Vladimir Seks – have yet to face investigation. Prosecutions target mostly Croatian Serbs and other minorities whereas crimes committed by the Croatian Army and police forces go unpunished.

Local courts lack witness support and protection measures. The well-known case of the August 2000 killing of Milan Levar, a potential ICTY witness remains unresolved.

“The international community must demand that Croatia investigates and prosecutes its backlog of hundreds of cases to give victims access to justice, truth and reparation,” said Nicola Duckworth.

“Justice must be sought – and delivered – for Croatia’s war victims.”

Only a very limited number of low-level perpetrators have been brought to justice in Croatia for crimes committed during Operation Storm.

Public Document

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For more information please call Amnesty International’s press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK

Volume 6, Issue 1 – April 11, 2011

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

*   Reuters: Wanted Rebel Leader Returns to Eastern Congo
*   Open Society Justice Initiative: Bemba Defense Contests Expert’s Report
*   Open Society Justice Initiative: New Witness Testifies in Closed Session
*   Open Society Justice Initiative: Victims’ Lawyer Denied Permission to Question Witness
*   Open Society Justice Initiative: Central African Top Prosecutor Testifies in Bemba Trial

Democratic Republic of the Congo

*   UPI: DRC Fighters to Testify at Warlord Trials
*   LubangaTrial.org: Trial Resumes with Testimony that Lubanga Ordered Demobilization of Child Soldiers
*   AP: Lawyer for Rwandan Rebel Detained by International Court Seeks Release
*   LubangaTrial.org: Defense Witness Denies Forced Conscription of Children in Second Day of Testimony
*   LubangaTrial.org: UPC Had No Military Objectives, Witness States
*   LubangaTrial.org: Witness Insists Thomas Lubanga was Not a Military Leader
*   KatangaTrial.org: Katanga and Ngudjolo are Responsible for Attack on Bogoro, Victims Claim
*   LubangaTrial.org: Lubanga Not Responsible for Military Takeover in Bunia, Witness Says
*   LubangaTrial.org: UPC Decrees Demobilization of Child Soldiers But Seeks More

Kenya

*   AllAfrica: State Files Request to Stop ICC Cases
*   Daily Nation: ICC Judges Receive Kenya’s Request to Strike Out Cases
*   Daily Monitor: ICC Opens Trial of 6 Kenyan Officials

Libya

*   Reuters: Probing Libyan Killings, ICC Support at Turning Point
*   The Guardian: Muammar Gaddafi’s Exit Hindered by UN Resolution, Law Experts Warn
*   Reuters: Gaddafi Planned Civilian Killings, Hague Court Says

AFRICA

International Criminal Tribunal for Rwanda

*   Hirondelle News Agency: Prosecution Requests Life Imprisonment for Former Rwandan Businessman
*   Hirondelle News Agency: French Lawyer Accuses Prosecution of Colluding With Rwandan Authorities
*   Hirondelle News Agency: Prosecution Requests Life Imprisonment For Setako
*   The New Times: Gatete Judgment Set for Today
*   Hirondelle News Agency: Rwandan Minister Gatsinzi Accuses Colonel Bagosora of Sabotage
*   Hirondelle News Agency: Bagosora Recognizes Rwandan Genocide At Last
*   Hirondelle News Agency: Appeals Chamber Confirms Sentence Against Former Rwandan Military Officer
*   Hirondelle News Agency: One Defence Witness For Nzabonimana Still At Large

Special Court for Sierra Leone

*   New Dawn Liberia: Taylor’s Verdict in December

EUROPE

European Court of Human Rights

*   IberoSphere: Garzón Appeals to Strasbourg over Prosecution for Franco-era Probe

Court of Bosnia & Herzegovina, War Crimes Chamber

*   The Court of Bosnia and Herzegovina: Osman Šego Plead Not Guilty
*   The Court of Bosnia and Herzegovina: Commencement of trial before the Appellate Panel in the Ljubo Tomic et al. Case
*   The Court of Bosnia and Herzegovina: Session Before the Appellate Panel in the Radomir Vukovic et al.
*   The Court of Bosnia and Herzegovina: Closing Arguments of the Prosecutor’s Office of BiH and Defense in the Miodrag Markovic Case
*   The Court of Bosnia and Herzegovina: Plea Hearing in the Bozidar Kuvelja Case
*   The Court of Bosnia and Herzegovina: Status Conference in the Saša Barizanin Case

International Criminal Tribunal for the Former Yugoslavia

*   International Criminal Tribunal for Former Yugoslavia: Gotovina et al. Judgement to be Rendered on 15 April 2011
*   Institute for War and Peace Reporting: Prosecutors Want Life Term for Perisic
*   Institute for War and Peace Reporting: VRS Leadership Structure Explained

Domestic Prosecutions In The Former Yugoslavia

*   Reuters: Serb Police Arrest 1991 Dubrovnik Siege Suspect
*   The Canadian Press: Wife of Europe’s Most Wanted War Crimes Fugitive Mladic Insists He Has Died
*   Croatian Times: War Crimes Convict Arrested in Germany

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

*   VOA Khmer: Defense Calls for Acquittal of Khmer Rouge War Criminal
*   VOA Khmer: In Hearing, a Push for Longer Sentence in Duch Case
*   UN News Centre: UN-Backed Tribunal Concludes Appeal Hearing for Convicted Khmer Rouge Figure
*   Phnom Penh Post: Looking Ahead at the KR Tribunal
*   VOA Khmer: Planning Under Way for Trials of Aging Khmer Rouge

Special Tribunal for Lebanon

*   Naharnet: Riyadh Contributes $10 Million to Tribunal
*   Naharnet: International Tribunal: Indictment Will Name Suspects but not Parties
*   The Daily Star: Special Tribunal for Lebanon Appoints New Spokesperson

Bangladesh International Crimes Tribunal

*   Bangladesh News 24: Alim Produced Before ICT
*   Bangladesh News 24: Alim Out of Jail

NORTH AND SOUTH AMERICA

United States

*   Appeals Court Overturns Release of Gitmo Detainee
*   McCaul Seeks to Have Cartels Designated as Terrorists
*   Little Headway Made at Guantanamo
*   In Reversal, 9/11 Plotter to Be Tried by Military Panel
*   Supreme Court Rejects Guantanamo Appeals

TOPICS

Terrorism

*   BBC: Bali Bombing Suspect Umar Patek ‘Arrested in Pakistan’
*   The Telegraph: Terrorist Who Tried to Kill pregnant Fiancée Must Be Considered for Parole, Court Says
*   UPI: Saudis Charge 5,000 on Terror Counts
*   The National: Freed Saudi Arabian Terror Suspects ‘Were Not Innocent’ Piracy
*   AP: Somalia Opens Prisons for Pirates, More Planned
*   Defense News: Solution for Piracy ‘Scourge’ Remains Elusive
*   AP: Pirates Jailed in 17 Nations as Prosecutions Rise
*   Star Tribune: Federal Prosecutors Seek 2012 Trial Date for 14 Suspected Pirates Accused of Hijacking Yacht
*   The National: Pirates Face Prosecution in Federal UAE Court
*   Breakbulk Online: Pirates Sent to Seychelles for Prosecution

Universal Jurisdiction

*   The Jerusalem Post: UK Begins Amending Universal Jurisdiction Legislation
*   The Vancouver Sun: Spain Tries to Extradite Man from Alberta to Face War Crimes Charges

REPORTS

UN Reports

*   AP: UN Votes on Sanctions against Ivory Coast’s Gbagbo
*   UN News Centre: UN-Backed Tribunal Concludes Appeal Hearing for Convicted Khmer Rouge Figure
*   AP: UN Official: Goldstone Must Request Repeal of Gaza War Crimes Report Before it Can Be Canceled

NGO Reports

*   BBC: Burma: Hope and Fears Over New Political System
*   VOA: Ghadafi Forces Reported Using Landmines
*   Reuters: U.N. Rights Body Urged to Act on Syria, Bahrain, Yemen

TRUTH AND RECONCILIATION COMMISSIONS

Kenya

*   Daily Nation: Wagalla: TJRC Calls Ex-Security Men
*   Bloomberg: Kenya Truth Commission Summons Former Chairman, Nation Says

Thailand

*   Bangkok Post: Army Insists Troops Did Not Use Live Bullets

COMMENTARY AND PERSPECTIVES

*   National Times: Australia Left Wanting When Allegations of War Crimes Arise
*   Radio Netherlands Worldwide: Somali Pirates Prove Problem for Dutch
*   Washington Post: Reconsidering the Goldstone Report on Israel and War Crimes

WORTH READING

*   The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the ‘Court of Critique’

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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.

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: MDE 15/023/2011
Date: 6 April 2011

Israeli campaign to avoid accountability for Gaza war crimes must be rejected

Recent Israeli government calls for the UN to retract the 2009 report
of its Fact-Finding Mission on the Gaza Conflict are a cynical attempt
to avoid accountability for war crimes and deny both Palestinian and
Israeli victims of the 2008-2009 conflict the justice and reparations
they deserve, Amnesty International said today.

Statements by leading Israeli politicians that Israel’s conduct in the
22-day conflict in Gaza and southern Israel has been vindicated,
following the publication of a Washington Post opinion piece by
Justice Richard Goldstone on 1 April 2011, are based on a deliberate
misinterpretation of Justice Goldstone’s comments. The international
community must firmly reject these attempts to escape accountability
and act decisively for international justice, as it has done on Libya,
Sudan and other situations where war crimes and possible crimes
against humanity have been committed.

The UN Fact-Finding Mission on the Gaza Conflict, composed of Justice
Goldstone and three other eminent international jurists, examined
violations of international humanitarian and international human
rights law committed by all sides during the 2008-2009 conflict. Its
September 2009 report echoed the findings documented by Amnesty
International, other human rights organizations and independent
observers, and called on the Israeli and Palestinian authorities to
conduct credible, independent investigations into alleged war crimes
and possible crimes against humanity within six months or face
potential UN Security Council referral to the International Criminal
Court.

The report’s recommendations concerning potential international
justice mechanisms remain unimplemented more than 18 months later,
despite the fact that the Israeli authorities and Hamas de facto
administration have both failed to conduct investigations that are
prompt, thorough, independent, impartial, and effective, as required
by the UN General Assembly.

Israeli Prime Minister Benjamin Netanyahu, Foreign Minister Avigdor
Lieberman, Defence Minister Ehud Barak, and other senior Israeli
politicians have seized on Justice Goldstone’s new statement that the
Israeli military did not intentionally target civilians during the
conflict and has conducted some investigations to call for the entire
Fact-Finding Mission’s report to be retracted – or, as Prime Minister
Netanyahu put it, “tossed into history’s trash can”. The US State
Department has supported this position, with a spokesperson saying
that the US government did not see any evidence that the Israeli
government had committed any war crimes during the conflict.

As a spokesperson for the Human Rights Council has today made clear,
comments made in an opinion piece do not provide a sufficient legal
basis for overturning a UN report that has been discussed and endorsed
by both the Human Rights Council and the General Assembly. Nor are the
self-serving calls of Israeli political leaders, some of whom were
members of the Israeli war cabinet which made the policy decisions
during Operation “Cast Lead”, the 22-day conflict in which some 1,400
Palestinians, including some 300 children, were killed by Israeli
forces. Aborting the process towards an international justice solution
would also preclude any possibility of justice or reparations for
Israeli victims of the conflict, who suffered from hundreds of
indiscriminate rockets and mortars launched into southern Israel by
Hamas’ military wing and other Palestinian armed groups in Gaza.

Amnesty International has monitored and critiqued the Israeli military
investigations into its actions during Operation “Cast Lead”, and has
condemned both the continuing failure of the Hamas authorities to
investigate alleged violations committed by Palestinian armed groups
during the conflict and the ongoing firing of indiscriminate rockets
into southern Israel.

In consequence of the failure of both the Israeli and Palestinian
sides to conduct proper independent investigations and ensure
accountability and justice for the victims, Amnesty International has
called on a range of international actors to now bring international
justice mechanisms to bear in order to meet these objectives and end
impunity.

In particular, Amnesty International has called on the General
Assembly to consider the Fact-Finding Mission’s report at its 66th
session starting in September 2011, and submit the report to the UN
Security Council with a recommendation that the latter body consider
referring the situation to the Prosecutor of the International
Criminal Court (ICC). This recommendation was also included in a
resolution passed by the Human Rights Council on 25 March 2011.

Amnesty International also urged the ICC Prosecutor to seek a legal
determination from the Pre-Trial Chamber on whether an investigation
could be launched on the basis of a 2009 declaration by the
Palestinian Authority accepting the Court’s jurisdiction over crimes
committed on the Palestinian territories. Finally, we have
consistently called for national authorities of other states to
exercise universal jurisdiction over war crimes committed during the
2008-2009 Gaza conflict, just as we urge states to exercise universal
jurisdiction over war crimes in other conflicts where the domestic
authorities are unwilling or unable to act.

Background

In a personal op-ed, Justice Goldstone contrasted the investigations
conducted by the Israeli military into alleged violations by Israeli
forces with the Hamas de facto administration’s failure to investigate
alleged violations by Palestinian armed groups in Gaza. He also
commented that the Israeli military investigations indicate that
civilians in Gaza “were not intentionally targeted as a matter of
policy” by Israeli forces. The op-ed is available at:
http://www.washingtonpost.com/opinions/reconsidering-the-goldstone-report-on-israel-and-war-crimes/2011/04/0

While Justice Goldstone’s comments question one of the Fact-Finding
Mission’s conclusions – that certain Israeli attacks during Operation
“Cast Lead” intentionally targeted civilians – the op-ed in no way
constitutes a retraction of the entire Fact-Finding Mission report.
The other three members of the UN Fact-Finding Mission have not issued
similar public comments questioning any of the report’s conclusions.

The Fact-Finding Mission report examined 11 incidents in which Israeli
forces launched direct attacks against civilians that resulted in
civilian deaths, and found that in these incidents, “the conduct of
the Israeli armed forces constitutes grave breaches of the Fourth
Geneva Convention in respect of wilful killings and wilfully causing
great suffering to protected persons and, as such, give[s] rise to
individual criminal responsibility.” Justice Goldstone’s op-ed
mentions only one of these incidents, an Israeli attack on 5 January
2009 which killed 21 members of the al-Sammouni family, which is the
subject of an ongoing Israeli military investigation. Assessing
whether specific Israeli attacks on civilians during the conflict were
deliberate is extremely difficult because the Israeli military has not
released the evidence that would allow independent parties to evaluate
its conclusions. Amnesty International has not argued that the Israel
Defense Forces (IDF) targeted Palestinian civilians “as a matter of
policy”, but rather that IDF rules of engagement and actions during
the conflict failed to take sufficient precautions to minimize
civilian casualties. Justice Goldstone’s recent comments do not
dispute this assessment.

Amnesty International, the Fact-Finding Mission, and other human
rights organizations documented many other serious violations by
Israeli forces, including war crimes, during the conflict. These
include indiscriminate attacks and the use of weapons such as white
phosphorus and flechettes in civilian areas; wanton destruction of
civilian property and infrastructure; attacks on UN facilities,
medical facilities and personnel; and the use of Palestinian civilians
as “human shields”. While the Israeli authorities have investigated
some of these incidents, all the investigations have been conducted by
the Israeli military, and overseen by the Military Advocate General
Corps, the same body which was responsible for providing legal advice
to the IDF during Operation “Cast Lead”.

As noted in the recent report of the UN Committee of Independent
Experts appointed to monitor and assess the investigations, Israel has
failed to investigate the actions of “those who designed, planned,
ordered and oversaw Operation Cast Lead”, the Israeli military
investigations have lacked transparency, and more than one third of
the incidents highlighted by the Fact-Finding Mission are still
“unresolved or unclear”. To date, only four Israeli soldiers have been
indicted on criminal charges relating to Operation “Cast Lead”, and
only one has served prison time for credit card theft.

Amnesty International’s own assessment of the Israeli investigations
concurred with the Committee of Independent Experts’ report. More than
two years after the conflict, there is no way for objective, impartial
observers to view Israel’s investigations as adequate, independent, or
effective in bringing perpetrators of alleged violations to justice.

The Committee of Independent Experts’ report, released on 18 March
2011, is available at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.16.24_AUV.pdf

Amnesty International’s latest assessment of the Israeli and
Palestinian investigations into the Gaza Conflict, released on 18
March 2011, is available at:
http://www.amnesty.org/en/library/info/MDE15/018/2011/en