Special Features

PILPG:War Crimes Prosecution Watch Volume 12, Issue 2 – April 3, 2017

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Founder/Advisor
Michael P. Scharf
 
War Crimes Prosecution Watch
Volume 12 – Issue 2
April 3, 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

Court of Bosnia & Herzegovina, War Crimes Chamber

Global Centre for the Responsibility to Protect: R2P in Focus: Accountability and R2P: Achieving Justice for the Victims of Atrocities

R2P in Focus

R2P in Focus is a monthly publication from the Global Centre for the Responsibility to Protect designed to highlight recent events and political developments concerning the Responsibility to Protect (R2P).

Accountability and R2P: Achieving Justice for the Victims of Atrocities

Mass atrocity crimes continue to be committed against civilians in Syria, South Sudan, Yemen and several other countries.  Accountability is not only essential for victims of past atrocities but can also act as a catalyst for post-conflict reconciliation and play a key role in preventing recurrence.

In the past year international justice mechanisms have found several notable individuals guilty of command responsibility for atrocities. Examples include the March 2016 genocide conviction of Radovan Karadžić by the International Criminal Tribunal for the former Yugoslavia, the May 2016 war crimes conviction of former Chadian President Hissene Habre by the Extraordinary African Chambers, and the conviction of Jean-Pierre Bemba and Ahmad Al Faqi Al Mahdi by the International Criminal Court (ICC) for crimes committed in the Central African Republic (CAR) and Mali respectively.

In recent crisis situations, governments and the international community have utilized a variety of means to ensure accountability for mass atrocity crimes. During 2015 the transitional government of CAR passed a law on the establishment of a Special Criminal Court to investigate and prosecute atrocities committed in the country since 2003. In South Sudan’s August 2015 peace agreement, parties to the conflict agreed to the creation of a Hybrid Court for South Sudan (HCSS), which would include domestic and international personnel, to establish responsibility for atrocities perpetrated during the country’s recent civil war.

Meanwhile, the UN’s Human Rights Council (HRC) has authorized Commissions of Inquiry and fact-finding missions to document evidence of war crimes and crimes against humanity, most notably in Syria, the Democratic People’s Republic of Korea, Burundi and Eritrea. On 24 March the HRC mandated the creation of an independent fact-finding mission to investigate crimes perpetrated by the security forces in Myanmar, particularly in Rakhine State, during “clearance operations” that started in October 2016. On 21 December 2016 the UN General Assembly also passed a resolution to establish an independent international mechanism to collect evidence of atrocities in Syria, in order to enable future prosecutions of perpetrators of war crimes and crimes against humanity.

While some of these mechanisms have faced significant constraints in resources, and some continue to face political opposition, efforts to ensure accountability for grave international crimes should remain a global priority. The international community should continue to support the battle against impunity, including through providing funding for the International, Impartial and Independent Mechanism for accountability in Syria and encouraging the AU to establish the HCSS.

The Fight Against Impunity for Atrocities: Bringing Da’esh to Justice

On 9 March the Permanent Missions of the United Kingdom, Iraq, Belgium, Canada and Germany, in association with the Global Centre for the Responsibility to Protect, co-hosted a high-level event entitled “The Fight Against Impunity for Atrocities: Bringing Da’esh to Justice.” Participants were briefed by the co-hosts along with the Special Representative of the UN Secretary-General for Sexual Violence in Conflict, Ms. Zainab Bangura, UNODC Goodwill Ambassador and Yazidi Genocide survivor, Ms. Nadia Murad Basee Taha, and Barrister at Doughty Street Chambers, Ms. Amal Clooney. Global Centre Executive Director, Dr. Simon Adams, moderated the discussion.

Speakers focused their remarks on efforts to hold Da’esh accountable for their crimes in Iraq, Syria and elsewhere, including under universal jurisdiction. Dr. Adams, Ms. Murad and Ms. Clooney all called for the Iraqi government to request the UN Security Council establish an international mechanism to investigate Da’esh’s crimes in the country, including the genocide against the Yazidis.

Seventh Annual Meeting of the Global Network of R2P Focal Points

The seventh annual meeting of the Global Network of R2P Focal Points will be held in Doha, Qatar, from 24 to 25 June 2017. The Government of the State of Qatar will co-host the meeting along with the Global Centre. More than 50 R2P Focal Points from around the world were invited to attend.

Any Other Business

  • Sixth Anniversary of the Conflict in Syria. On 15 March the conflict in Syria entered its seventh year. Violations of human rights, including war crimes and crimes against humanity, have become a daily occurrence in Syria. On 28 February, Russia and China vetoed a UN Security Council resolution aiming to hold perpetrators of chemical weapons attacks in Syria accountable. This was the sixth double veto by Russia and China of a UNSC resolution on Syria since 2011. Russia also independently vetoed another Syria resolution on 8 October 2016. Click here to view our statement.
  •  Joint NGO Letter to the UN Security Council on the Situation in Burundi. On 8 March the Global Centre joined 18 other NGOs to call on the UN Security Council to impose targeted sanctions on perpetrators of human rights abuses in Burundi.

Calendar Highlights

7 April

International Day of Reflection on the Genocide in Rwanda

17 April

Cambodian Genocide Remembrance Day

24-25 April

Seventh Meeting of the Global Network of R2P Focal Points

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Global Centre for the Responsibility to Protect: Atrocity Alert: Democratic Republic of the Congo, Yemen and Iraq

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Democratic Republic of the Congo

Violence between security forces and the Kamuina Nsapu militia poses an escalating risk to civilians in the Kasai region of the Democratic Republic of the Congo (DRC). Local authorities reportedly found at least 40 police officers killed and beheaded on 25 March after their convoy was ambushed by the militia. Earlier in March two members of the UN’s Panel of Experts on the DRC were abducted along with four Congolese colleagues in Kasai-Central province. On 28 March the UN confirmed it had discovered the bodies of the two UN investigators near Kananga. At least 10 mass graves have been discovered in the region and more than 400 people have been killed by Kamuina Nsapu since July.

Violence and instability in eastern DRC is increasing as talks in Kinshasa on the implementation of a 31 December agreement regarding the country’s elections are falling apart. As the UN Security Council votes to extend the mandate of the UN peacekeeping mission in the DRC this week, it must consider the growing risk of further atrocities and ensure that civilian protection remains at the core of the UN’s mission in the DRC.

Yemen

Sunday, 26 March, marked two years since the escalation of the conflict in Yemen, where Houthi rebels and forces loyal to former president Ali Abdullah Saleh have been engaged in an ongoing armed conflict with the UN-recognized government backed by a Saudi-led military coalition. In the past two years over 4,700 civilians have been killed, including more than 1,500 children. Over 3.1 million Yemenis have been forcibly displaced, and an estimated 18.8 million people – over 75 percent of the population – require humanitarian assistance. According to the UN, approximately 7 million Yemenis are now at risk of starvation, including 462,000 children who are at risk of death due to severe acute malnutrition.

Yemen remains a politically neglected, and under-reported, crisis. It is imperative that the UN, the Security Council and regional powers facilitate a permanent ceasefire and a return to political negotiations; urge parties to enable unhindered humanitarian access; and establish a UN Commission of Inquiry to investigate atrocities committed since the start of the conflict. UN member states must also immediately halt the sale of weapons to parties to the conflict who have been implicated in atrocities in Yemen.

Iraq

On 25 March the UN High Commissioner for Refugees reported that the Iraqi Security Forces (ISF) had temporarily paused military operations in western Mosul due to a sharp increase in civilian casualties. An estimated 500 civilians were reportedly killed in airstrikes during the week beginning on 19 March. Particular concern has also been expressed over reports of a massive airstrike in the al-Jadidah district of Mosul that took place on 17 March, where up to 200 civilians may have been killed. On 28 March a senior United States commander in Iraq conceded that that a US airstrike had likely contributed to civilian casualties.

The so-called Islamic State of Iraq and the Levant (ISIL), who remain in control of most of western Mosul, refuses to comply with international humanitarian law and continues to commit war crimes, including targeting civilians as they try to flee.

As the battle for Mosul continues, members of the US-led coalition and the ISF must ensure their military operations fully comply with their obligations under international law. All potential violations, including possible war crimes, must be thoroughly investigated.

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ICTJ: On Right to Truth Day, Explore the Impact of Public Hearings

On the International Day for the Right to Truth we spotlight one of the most powerful ways to reassert victims’ dignity: public hearings.

Public Hearings: Platforms of Truth, Dignity, and Catharsis
On a balmy evening last November, three mothers took their seats before Tunisia’s Truth and Dignity Commission (TDC), framed photos of their sons nestled in their arms. Their boys had been killed five years earlier during the Yasmine Revolution, a popular uprising that ended the dictatorship of Zine El Abidine Ben Ali in 2011.

As the three women prepared to testify before the TDC, they gathered at the front of an elegant room, which was once part of an exclusive club for the dictator’s wife and their cronies. In the hours to follow, the building’s history – and indeed Tunisia’s future – would be rewritten by the mothers’ stories.

Theirs were stories of loss; of suffering and of a thirst for justice. But embedded within them were the women’s hopes, their willingness to forgive, their dream of unity, and the enduring legacy of their sons. As the testimony progressed, the number of viewers held in rapt attention climbed ever higher- they crowded into the room, they huddled around television sets, and they streamed the proceedings to their devices by the tens of thousands. The impact was seismic, says Ibtihel Abdellatif, one of the TDC commissioners. “It was an earthquake for the country. Not an earthquake that destroys, but an earthquake that builds.” Such can be the power of public hearings.

To address the legacy of massive human rights abuses and uncover the truth about the painful past, some countries have resorted to non-judicial mechanisms like truth commissions. Through investigations, testimony gathering, and archive research, these bodies have played a key role in establishing an official record about the past in countries ravaged by repression and conflict from Argentina to South Africa, from Morocco to Canada. Through their focus on the testimony of victims of atrocity, truth commissions provide acknowledgement and recognition of suffering and survival to those most affected.

On the International Day for the Right to Truth we spotlight one of the most powerful ways truth commissions can reassert victims’ dignity: public hearings. These open events can have a potentially cathartic power for victims and their families, but also the public at large by generating solidarity and empathy for the suffering of others in societies deeply polarized and traumatized by atrocities and denial, as could be witnessed in contexts as diverse as South Africa, where a truth commission was established to put an end to apartheid, to Peru, where armed conflict and repressive rule ran unchecked for two decades, and to Canada, where indigenous peoples were forcibly assimilated over decades.

Explore Public Hearings on the International Day for the Right to Truth
Discover how public hearings create a platform for truth and dignity through examples in  Canada, Peru, South Africa, and now Tunisia.
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We sit down with Salwa El Gantri and Ibtihel Abdellatif, two of the women behind the seismic public hearings in Tunisia.
Read more

Global Centre for the Responsibility to Protect: Atrocity Alert: Democratic Republic of the Congo, South Sudan and Syria

Atrocity Alert, No. 47, 22 March 2017

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Democratic Republic of the Congo

At least eight mass graves have been discovered following violence between the Congolese army (FARDC) and the Kamuina Nsapu militia in Kasai-Central province during January and February. Earlier in March the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, urged the Human Rights Council to establish an inquiry in response to evidence of the FARDC using disproportionate deadly force and the discovery of mass graves.

On 18 March seven FARDC officers were charged with “war crime by murder, war crime by mutilation, war crimes by cruel inhuman and degrading treatment” in connection with a February video of soldiers shooting a group of suspected militia members. The UN mission in the DRC (MONUSCO) reported that between 14 and 17 March clashes in Kananga between the military and the Kamuina Nsapu militia resulted in “high numbers of deaths.” MONUSCO released a statement noting recent militia attacks on state institutions, but criticized the disproportionate use of force and targeting of civilians, including women and children, by the FARDC and other state forces.

Image taken from video showing security forces shooting alleged militia members.

South Sudan 

Despite declaring a famine in parts of South Sudan during February, the government has been accused of continuing to spend approximately half its budget on weapons. The UN Panel of Experts for South Sudan has called upon the UN Security Council to impose an arms embargo on South Sudan and to sanction individuals who actively obstruct the peace process.

As of 20 February at least 100,000 people were facing starvation. The UN and the government have classified at least another 1 million South Sudanese civilians as being “on the brink of famine.” The UN Humanitarian Coordinator in South Sudan, Eugene Owusu, and Under-Secretary-General for Peacekeeping Operations, Hervé Ladsous, have said that the South Sudanese government is responsible for the dire “man made” famine.

The African Union and UN Security Council must hold those responsible for famine, endemic conflict and mass atrocities in South Sudan accountable, regardless of their affiliation or position. Despite promises by the government, the Regional Protection Force has still not been deployed and the Hybrid Court to prosecute perpetrators of past atrocities has not been established. An arms embargo should immediately be imposed upon South Sudan.

Syria

On 20 March at least 33 people were killed in an airstrike on a school where displaced civilians had been sheltering near the city of Raqqa, the self-proclaimed capital of the Islamic State in Iraq and the Levant (ISIL). According to the Syrian Observatory for Human Rights, the attack was carried out by the United States-led coalition, which is currently conducting an air campaign against ISIL forces in both Syria and Iraq. The attack took place four days after the US military was accused of targeting a mosque in Al-Jineh, in northwestern Aleppo province, in an airstrike that killed more than 40 people, most of whom were civilians. A spokesperson for the US Central Command confirmed the airstrike on the village, but denied targeting the mosque.

Today in Washington D.C. representatives from 68 countries that form the broad international coalition against ISIL met for the first time since 2014 to discuss military efforts to defeat the extremist group in the remaining areas under its control in Iraq and Syria. Coalition members should emphasize the centrality of civilian protection to anti-ISIL military operations. All potential violations of international law, including possible war crimes, must be thoroughly investigated.

Reuters photo from Al-Jineh

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