Special Features

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

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Founder/Advisor 
Michael P. Scharf
War Crimes Prosecution Watch
Volume 12 – Issue 7
June 12, 2017
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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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Jurist: A Darkened Age—The Rule of Law in Protecting Morality and Humanity

JURIST Guest Columnist, David M. Crane, of Syracuse University School of Law discusses the importance of the rule of law in restoring the ideals of humanity and morality on a global scale…

There is a growling of a discontent, an unrest, just below the surface, festering ready to erupt into a boil of frustration. The salve of the rule of law diluted or unavailable. The world today shifts to the right or spins helpless, struggling to find an anchor, a safe harbor in which to balance itself.

There is no light towards which we can step towards, hopeful that mankind is moving in a direction that is right and proper. Our kaleidoscopic future looms, where tried and true customs and norms shrink from this new thinking of looking inward and away from a global village that was beginning to change the world stage.

In another context we have been here before. For 50 years we saw a stasis that saw the rise of the dictator. The Cold War was a desperate time trying to maintain a balance that would avoid Armageddon. Death and destruction by heads of state against their own citizens was rampant, with little checks against internal struggles. Mankind simply looked the other way as long as loyalty towards one side or the other was maintained. Tens of millions perished, disappearing into the sands of time forgotten as if they never existed.

As the Cold War ended there was a sense of optimism that we had changed for the better, the rule of law began to take hold, the UN taking its intended position of guiding the international community [PDF] towards a real peace and security never attained before. Tyranny shrank before this blinding light and dictators faced accountability. The new millennium held promise, more so than any other millennial event.

It all came crashing down with the towers on September 11, 2001. A fundamental shift took place, at the time seemingly correct, wrapped in a ragged cloth of righteous fury. But the pain of that day stripped away our innocence, our hope, our desire to build a global village where all mankind would benefit. America turned into itself, seemingly trying to lead, to fight against a new and elusive adversary, yet chasing its tail against itself. American civil liberties were challenged. The world watched and stepped away, subtly looking for other leadership and other ways to survive in a world of struggle with a weakened America, the loss of a land that was a bright and shining light that dimmed, barely visible in the storm of extremism that blew across the world.

To survive nation-states began to look for their own solutions seeking new directions. Major international institutions such as the UN, the North American Treaty Organization (NATO), the European Union (EU) and the International Criminal Court (ICC) shrank in influence against the onslaught of that extremism. There seemed to be no solutions that were viable. The world wobbling, citizens looked to new political leaders who promised to restore greatness, an elusive idea that cannot be attained alone in this new century. The rise of the nationalistic right a desperate attempt to grasp hold of the fog of this new kaleidoscopic world.

The world is heading into a new darkened age, perhaps to an inevitable conflict of unimaginable dimension. There is little to counter this slide into the dark. Certainly America is no longer that counterweight. An insecure Europe, no longer a meaningful geopolitical entity, cannot step up. The rule of law is lost in the muddle of hate and the there is a loss of any moral compass, particularly in America. “Nothing matters” replaces “from many one” as America’s national motto. In the short and medium term there appears to be no solution. It is hoped that the world will not dissolve while this new global society seeks a new path.

The rule of law must be that path upon which mankind must tread in the long term or we will surely slide down the path into a new darkened age. One has to wonder rhetorically whether Osama Bin Laden actually achieved what he set out to do—see a weakened America fade while western civilization fed upon itself in the moral vacuum left by that America, seeing extremism wrapped in the cloak of Islam causing doubt and fear about the viability of international norms. It remains to be seen. As the new American president stumbles about the world, the future does not augur well.

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, A Darkened Age—The Rule of Law in Protecting Morality and Humanity, JURIST – Academic Commentary, June 6, 2017, http://jurist.org/forum/2017/06/David-Crane-a-darkened-age.php


This article was prepared for publication by <aherf=” jurist_search.php?q=”Krista” grobelny”=””>Krista Grobelny, Assistant Editor for JURIST Commentary. Please direct any questions ot comments to her at <ahref=”mailto:commentary@jurist.org”>commentary@jurist.org

International Center for Transitional Justice: In Focus: “You Don’t Forget Your Torturers”

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In Focus

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“You Don’t Forget Your Torturers”: Wachira Waheire’s 30-Year Quest for Justice in Kenya “You Don’t Forget Your Torturers”: Wachira Waheire’s 30-Year Quest for Justice in KenyaIn 1986, Wachira Waheire was whisked off the street, taken to Kenya’s most infamous torture chamber, and sentenced to four years in prison. Over the next 30 years, his quest for justice led him to meetings with his torturers to courtroom showdowns with the country’s Attorney General. Discover his ongoing struggle for truth, acknowledgement, and reparations alongside all survivors of abuse in Kenya.

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“Left Behind”: Young Photographers Capture Marginalization in Tunisia “Left Behind”: Young Photographers Capture Marginalization in TunisiaOngoing economic and social inequality, a legacy of the dictatorship, affects Tunisians across generations, but has particularly pronounced impacts on young people. ICTJ worked with four young photographers to confront the consequences of marginalization and explore its impacts on Tunisian youth. Their four photo galleries comprise the exhibition “Marginalization in Tunisia: Images of an Invisible Repression.”

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The Bumpy Road to Peace and Accountability: Transitional Justice in the African Great Lakes Region The Bumpy Road to Peace and Accountability: Transitional Justice in the African Great Lakes RegionIn Africa’s Great Lakes region, countries face common challenges like bad governance, inequitable distribution of natural resources, and ethnic divisions. As nations like Burundi, Central African Republic and South Sudan work towards peacebuilding and accountability, they should learn from what has worked and what has not in neighboring countries, writes Sarah Kihika Kasande, ICTJ’s Head of Office in Uganda.

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Publications

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Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies What 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?

The Case for Action on Transitional Justice and DisplacementAs the refugee crisis deepens, does action on transitional justice issues have to wait for peace? A new paper explores what sort of consultation and documentation work can be done now, while conflict is ongoing, to shape outcomes moving forward.

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Coalition for Justice in Liberia: EX-WIFE OF CHARLES TAYLOR CHARGED WITH TORTURE, ARRESTED IN LONDON


EX-WIFE OF CHARLES TAYLOR CHARGED WITH TORTURE, ARRESTED IN LONDON

 

 

 

Immediate Press Release

 

 

Today the Metropolitan Police Service charged Agnes Taylor with torture for her alleged involvement with atrocities committed by Charles Taylor’s rebel group, the National Patriotic Front of Liberia (NPFL), during the first Liberian Civil War.

Charles Taylor, who brought civil war to Liberia with the NPFL’s invasion in 1989 and who was President of Liberia from 1997-2003, was convicted by the Special Court for Sierra Leone in 2012 for planning, aiding and abetting the commission by the rebels of the Revolutionary United Front (RUF) of crimes such as acts of terrorism, murder and rape in Sierra Leone. He is currently serving a 50-year sentence.

Charles Taylor, however, has never been held accountable for his crimes committed in Liberia because the Liberian authorities have made no effort to investigate and prosecute crimes committed over a decade of civil war that claimed well over 150 000 lives, most of whom were civilians.

This landmark case marks the second time someone formerly associated with the NPFL has been charged with crimes committed during Liberia’s civil wars. The first case involved NPFL front line Commander Martina Johnson who was arrested in Belgium in September 2014 for her alleged role in wartime atrocities.

The Geneva-based organization Civitas Maxima and the Monrovia-based Global Justice and Research Project (GJRP) provided the initial information to the UK authorities, which led to the Metropolitan Police Service commencing an investigation.

As partner organizations, Civitas Maxima and the GJRP document alleged war crimes and crimes against humanity committed during the Liberian civil wars and represent victims in their pursuit of justice.

This the fourth time since 2014 that the collaborative work between Civitas Maxima and its partners in Africa – GJRP in Liberia and the Centre of Accountability and Rule of Law (CARL) in Sierra Leone – has led to information being passed to European authorities resulting in the arrest of an alleged perpetrator of international crimes, with the first three arrests occurring in Switzerland and Belgium and the fourth now in the United Kingdom.

 

To find out more about Civitas Maxima please visit

 www.civitas-maxima.org or email: info@civitas-maxima.org

Justice Rapid Response: 2016 Annual Report

Dear Friends,
I’m pleased to announce the release of the 2016 Annual Report of Justice Rapid Response:

Read the Report
Our 2016 Annual Report reminds that JRR continues to be the world’s “go-to” facility for a wide range of criminal justice and human rights experts who can ensure investigations are professional, impartial, and prompt. Now in our eighth year of operations, JRR continues to deliver on our promise: rapid availability of highly-qualified, diverse experts to deploy wherever they’re needed most. We are proud to say that the JRR Expert Roster has more than 600 top professionals from over 100 countries and every region of the world. They speak more than 90 languages, and over half are women.

In 2016, we reached a milestone: JRR deployed its 100th mission. It was one of dozens of instances where JRR experts improved the quality of investigations in places such as Burundi, Cambodia, Eritrea, Iraq, Libya and South Sudan. Our professionals helped communities of victims in Chad and Guatemala prosecute perpetrators of crimes such as torture, sexual slavery and enforced disappearance. They also provided mentoring to humanitarian responders servicing at-risk populations in the MENA region.

JRR continues to identify new areas where diverse expertise is needed. Last year, we launched a new partnership with the Roméo Dallaire Child Soldiers Initiative to strengthen the capacity of the international community to address crimes and serious human rights violations involving children, while always prioritizing their safety and well-being.

Our work goes beyond improving the standards of investigations we support. The JRR Expert Roster is an efficient, cost-effective way for the international community to access surge-capacity when and where it’s needed most. The JRR model shows how “just-in-time” delivery of the right expertise is making a real difference in our collective ability to deliver justice for atrocities, and deter would-be offenders. Without this, re-building a belief in the rule of law, and breaking the many recurring cycles of violence around the world has proven to be impossible.

On behalf of JRR’s staff and Executive Board, we want to thank all our partners, supporters, and experts for making our work possible. Together, with every mission successfully completed, with every expert deployed, we are moving closer to realizing JRR’s vision: a world where every investigation is professional, impartial and prompt.

Sincerely,

Andras Vamos-Goldman
Executive Director, Justice Rapid Response

 

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