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ICTJ: World Report September 2016 – Transitional Justice News and Analysis

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September 2016

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ICTJ Welcomes the Signing of Colombia’s Historic Peace AgreementICTJ Welcomes the Signing of Colombia’s Historic Peace AgreementThe International Center for Transitional Justice (ICTJ) welcomes the historic peace agreement signed yesterday between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) – an essential step toward building lasting peace in the country.

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World Report

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AFRICAIn the Democratic Republic of Congo at least 17 people were killed in violence in Kinshasa, as the political opposition escalated its calls for President Joseph Kabila to step down. In Kenya human rights organizations called on the country to investigate extrajudicial killings and disappearances. The country’s director of prosecutions snubbed journalists who protested against violent attacks and harassment in the line of duty, including the recent death of reporter Joseph Masha after suspected food poisoning. In Uganda, pre-trial hearings began in the case of former LRA commander Thomas Kwoyelo commenced. Kwoyelo’s lawyers questioned the legality of the presiding judge on the grounds that she is not a judge in the International Crimes Division of High Court, but the Judge overruled the objection. The court further ruled that the participation of victims at the trial will be in accordance with the Rome Statute and ICC Rules of Procedure and Evidence. UN human rights experts say that women have suffered more violence than anyone else in South Sudan. The UN has also launched a 19-day mission regarding the human rights situation in South Sudan. In Zimbabwe opposition political partiesvowed to defy President Robert Mugabe’s threats against demonstrations.

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AMERICASIn Colombia, the government and FARC rebels agreed to a historic peace deal, bringing an end to 52 years of conflict. The agreement will be signed in late September and voted on in a national plebiscite on October 2. The International Criminal Court welcomed Colombia’s peace deal, but called for “genuine” prosecution of perpetrators of crimes against humanity and war crimes. The FARC also began demobilizing child soldiers this month. In Argentina the ex-head of the air force was sentencedto 25 years in prison for the abduction and disappearance of a married couple of young activists during the country’s military dictatorship. In Guatemala, President Jimmy Morales’ family is under investigationover corruption charges, an issue the country has struggled with in the past and sunk Morales’ predecessor. In Peru, a court sentenced 16 former soldiers for the 1985 massacre of 69 people in Ayacucho during the armed conflict with the Shining Path. In Mexico, the chief of criminal investigations for the country’s attorney general resigned amid an internal affairs inquiry into his office’s handling of the case of 43 college students who vanished nearly two years ago. International human rights officials are demanding an investigation into the brutal sexual assaults of 11 Mexican women during protests a decade ago — an inquiry that would take aim at President Enrique Peña Nieto, who was the governor in charge at the time of the attacks.

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ASIANepali attorney general said that there would be no amnesty granted for crimes committed duringNepal’s decade-long conflict, which are considered serious by international law. Nepal Army Colonel Kumar Lama was acquitted by a British court in what victims and rights groups maintain is a temporary setback in the push for justice. Myanmar is scrapping its ‘Midnight Inspections’ law, which forced people to report overnight guests and was often used by authorities to barge into houses and target activists. In the Philippines president Rodrigo Duterte was accused of ordering members of a death squad to kill criminal and opponents in a senate committee hearing. Since Duterte became president, 1,900 have died in extrajudicial killings. Sri Lanka has vowed to cooperate with UN human rights mechanisms, deeming them helpful for institutional reform. Tamil human rights activists, however,delivered a letter highlighting their worries about Sri Lanka’s transitional justice process to UN Secretary-General Ban Ki-Moon.

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EUROPEAn Ohio man was arrested after authorities say he was part of a Serbian volunteer army company that participated in crimes in Bosnia. The Constitutional Court in the country’s Serb-dominated entity Republika Srpska ruled that a referendum on the Day of Republika Srpska could proceed. The referendum is designed to challenge last year’s ruling that the holiday is unconstitutional on the grounds that it contributed to the outbreak of war in 1992. In Greece, Prime Minister Alexis Tsipraspledged to do “whatever is necessary” – including taking legal action – to get Germany to pay damages for the wartime atrocities of Nazi troops. Germany has dictated tough austerity terms in return for Greece’s three European bailouts, and maintains that it settled reparations with Greece in 1960. InPoland, the conservative government says anyone who uses language that implies Polish responsibility for Nazi German atrocities will face jail or a fine.

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MENAIn Tunisia, the head of the Anti-Corruption Commission reported that almost $1 billion has been drained from the state budget, calling the problem an “epidemic”. Top U.S. and Russian diplomats, along with more than a dozen of their Arab and European counterparts, met in New York on September 20 but left Syria no closer to peace. The same day of the meeting, an aid convoy was attacked, killing 20 civilians. U.N. investigators said they found it increasingly difficult to interview newly arrived Syrian refugees in Europe and urged countries to allow access to them to help document suspected war crimes. Lebanon’s national dialogue sessions, which were intended to resolve a number of deadlocks including the presidency, were suspended over a lack of progress. On the 34th anniversary of the Sabra and Shatila massacre, a march was organized in Beirut in remembrance of the victims of the massacre of thousands of civilians by militias allied with Israel in the Palestinian refugee camps of Sabra and Shatila. In Yemen, calls for an independent investigation into alleged breaches of humanitarian law escalated when the Dutch government requested an inquiry at a meeting of the UN human rights council in Geneva. In Egypt, parliament ended a legislative year without passing the transitional justice law, or the unified media law and the local municipality election law, despite constitutional obligation.The country also froze the assets of five prominent human rights defenders as part of an ongoing crackdown against the government’s critics.

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Publications

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Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

In transitional contexts, reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, who the victims were, and who was responsible for the violations.

The Case for Action on Transitional Justice and Displacement

As 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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ICTJ: Transitional Justice and Media: A Crucial But Neglected Relationship

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Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship
by Refik Hodzic and David Tolbert
Media can either catalyze or paralyze debate on transitional justice.
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“We’ve gotten used to the conflict; and that habit has created a vicious situation in which many prefer the certainty of war – with its clear rules and predictable risks, with the dead being a burden for others, with its hate routines and well-defined enemies – than the uncertainty of peace. The decision ahead of us, the citizens, will demand unprecedented responsibilities from us. The main one, maybe, will paradoxically be the easiest: to inform ourselves well. For that we will have to search – within the tangled mess of the right’s demagogy and the populisms of the left – the scarce resources of truth, judgment and magnanimity. For now, I hope that we measure up to the moment.”

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These words from Colombian writer Juan Gabriel Vásquez were published recently in a text which considers the historical opportunity presented to the people of Colombia in the upcoming plebiscite on the peace agreement between the government and FARC rebels. They capture brilliantly the struggle in societies dealing with legacies of conflict or violent state repression to mobilize informed citizenry to stand up for truth and victims’ rights, to make informed judgments on how to deal with the past, and disentangle the facts from the sticky web of political rhetoric, denial, and polarizing propaganda. This struggle for informed citizenry crucially depends on the direction taken by one key agent of social change – the media.

Transitional justice measures signal a shift of values dominant in a society – from an environment in which no person is safe if they belong to a targeted group, to a sustainable peace and a system of values in which the rule of law is respected and citizens trust the state to be a guarantor of their rights. There is no magic bullet to make this shift happen overnight – it usually takes years, if not decades, to unfold and must often take root in deeply polarized societies, where trauma and mistrust shape public opinion.

In such circumstances media reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, who the victims were, and who was responsible for the violations. It can either catalyze or paralyze the debate on how to repair victims and ensure that systematic violence does not recur.

This relationship between media and transitional justice efforts is delineated by two diametrically opposed manifestations: symbiosis and conflict. There are countless examples of media projects that have been crucial in promoting victims’ rights, championing accountability, and even catalyzing transitional justice processes by uncovering hidden truths about crimes and their perpetrators. In South Africa, the media played an instrumental rolein the early successes of the Truth and Reconciliation Commission. On the other hand, the examples of Peru, countries of the former Yugoslavia, and numerous other transitional contexts show that media has often played a decisively negative role in mediating information about war crimes trials or truth commissions, often cementing public misperceptions and fueling political polarization in already-fractured societies. Such negative impacts often stem from the politicization of coverage, the ‘us-versus-them’ narrative, and some journalists’ inadequate knowledge of procedures and legal concepts.

However, transitional justice practitioners must shoulder their share of responsibility for this troubled relationship. Transitional justice institutions often see media not as an ally but as an ill-informed nuisance, if not an adversary. The philosophy of ‘our work speaks for itself’ permeates many a courtroom and office staffed by those whose decisions could irreversibly shape societies’ ability to reckon with a violent past. In some cases, the furthest they go in ensuring a social impact of transitional justice work is to task special offices with public relations under the guise of ‘outreach’, while the idea of working with media to ensure this broader impact is reduced to organizing ‘trainings’ and ‘education seminars’ for reporters.

Arriving at a collective memory of the past is one of the greatest challenges facing a post-conflict society because it implies reaching a degree of consensus in a polarized context. While truth commissions attempt to present an objective account of a society‘s repressive or violent past, they inevitably contend with multiple perspectives and interpretations of this history. In essence, truth commissions and other transitional justice mechanisms must mediate this conflict to bring society to a shared version of this past, which often entails a society-wide admission that egregious human rights violations occurred and that victims must be acknowledged. However, to generate such an admission, transitional justice efforts rely on the media to encourage consensus-making about the past—a daunting task.

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Global Centre for the Responsibility to Protect: Joint Press Release – 9th Annual Ministerial Discussion on the Responsibility to Protect: The Kigali Principles on the Protection of Civilians and R2P

On 21 September, the Republic of Rwanda, Italy and the Kingdom of the Netherlands co-hosted the 9th Annual Ministerial Roundtable Discussion on the Responsibility to Protect (R2P), “The Kigali Principles on the Protection of Civilians and the Responsibility to Protect,” in association with the Global Centre for the Responsibility to Protect.

A cross-regional group of ministers representing seven governments contributed to the discussion. The Minister of Foreign Affairs and Cooperation of the Republic of Rwanda, H.E. Ms. Louise Mushikiwabo, the Undersecretary of State for Foreign Affairs of Italy, H.E. Mr. Vincenzo Amendola, the Minister of Foreign Affairs of the Kingdom of the Netherlands, H.E. Mr. Bert Koenders, and the Executive Director of the Global Centre for the Responsibility to Protect, Dr. Simon Adams, opened the meeting before an interactive discussion among participants.

The event served as a platform for participants to reaffirm their support for the Kigali Principles, to announce and encourage new endorsements, and to discuss how the application of the Kigali Principles in current mass atrocity situations can help improve the response to populations at risk.

H.E. Mr. Bert Koenders, emphasized the importance of the Kigali Principles, noting, “The increase in civilian casualties, displacement, and human suffering we see in today’s conflicts cannot become the new normal. We need to take action to improve UN peacekeeping. The Kigali Principles bring together political commitment to protect civilians from atrocities including the use of force, accountable and well-prepared military and civilian leadership, well-trained and disciplined troops, and a zero tolerance approach to sexual exploitation and abuse by peacekeepers.

H.E. Ms. Louise Mushikiwabo, noting the difficult decisions that were made regarding sending troops into situations experiencing ongoing mass atrocity crimes, including Darfur, South Sudan and Central African Republic, asserted that “we decided to act so we could make a difference” and commended the Kigali Principles as providing “practical and prudent ways to protect civilians today.”

H.E. Mr. Vincenzo Amendola discussed the significance of R2P in addressing the causes of the refugee crisis in Italy’s region, noting, “Italy has supported since its initial formulation the principle that Governments in the first place must answer to a Responsibility to Protect their own civilian population, that the international community must commit to internationally mandated efforts to supplant Governments when they are unable or unwilling to step in. This is what Italy is doing on a daily basis in the Mediterranean. Since the beginning of 2016, we have rescued over 60.000 desperate women, children and men from near-certain death as they were fleeing from war and truly unfathomable sufferance and desperation.”

Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect, remarked: “Peacekeepers are often at the frontlines of protecting civilians and stabilizing conflicts in the world today, sometimes paying the greatest sacrifice as they do so. However, despite the presence of sizeable peacekeeping operations, the UN continues to struggle to protect civilians from mass atrocity crimes in the Central African Republic, Democratic Republic of Congo, Sudan and South Sudan.”

The main objective of the discussion was for UN Member States to identify concrete ways of implementing the Kigali Principles, both individually and jointly, and to exchange best practices and identify challenges in improving Protection of Civilians by UN peacekeeping missions. Participants were also encouraged to examine the role of the Kigali Principles in effectively upholding the responsibility of the international community to protect populations from mass atrocity crimes.

The UN Special Adviser on the Prevention of Genocide, the UN Assistant Secretary-General for the Rule of Law and Security Institutions, the Assistant Secretary-General for Human Rights, and the President of International Crisis Group also participated in the discussion.

Background on the Kigali Principles:
The Kigali Principles on the Protection of Civilians are a set of eighteen pledges for the effective implementation of the protection of civilians in UN peacekeeping. The principles emanated from the High-level International Conference on the Protection of Civilians held in Rwanda on 28 and 29 May 2015. The Kigali Principles address the most relevant aspects of peacekeeping, including assessment and planning, force generation, training and equipping personnel, performance and accountability. While they are framed around the protection of civilians, the principles address broader deficiencies that undermine the effectiveness of peacekeeping operations conducted in volatile situations, including peacekeeper abuse.

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

Atrocity Alert, No. 23

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.

Syria

The temporary cessation of hostilities was declared to be over by the Syrian government on 19 September, one week after it started, following an escalation in clashes between government forces and armed rebels across the country. The fighting culminated on Monday in a horrific air strike on a UN humanitarian convoy in transit to opposition-held areas of Aleppo. At least 12 humanitarian workers were killed, including the Syrian Arab Red Crescent director Omar Barakat, and 18 aid trucks were destroyed.

Deliberate targeting of humanitarian workers is a war crime. The UN and other relief agencies have suspended all humanitarian convoys across combat lines in Syria. The United States government, which negotiated the ceasefire with Russia, has declared that it considers Russia responsible for the convoy bombing, based upon the terms of the cessation of hostilities agreement. Russia has stated that there is no evidence that the convoy was destroyed in an airstrike and has suggested that the trucks may have caught fire.

As world leaders meet this week for the opening of the 71st UN General Assembly, the conflict in Syria has featured prominently in speeches and side events, and will be highlighted in a UN Security Council meeting today, 21 September.

It is imperative that words of condemnation and horror finally translate into action. The Security Council must pressure all parties to the conflict to re-establish and respect the ceasefire, safely facilitate the delivery of unrestricted humanitarian aid, and recommit to negotiations for a political solution. The Security Council must investigate and hold the perpetrators of Monday’s airstrike and all other mass atrocity crimes in Syria accountable under international law.

Democratic Republic of the Congo

On 19 September political demonstrations throughout the DRC resulted in violent clashes between protestors and security forces. According to reports from Kinshasa, more than 17 people were killed, hundreds were detained by police, and five opposition headquarters were burnt down as violence continued overnight. The UN Secretary-General and Office of the High Commissioner for Human Rights have condemned the violence. As discontent regarding the presidential election process grows, there is a risk of increasing state violence targeting perceived opposition supporters. Given DRC’s long history of civil war, mass atrocities and political instability, it is essential that all political leaders urge their supporters to refrain from further violence. The government should ensure that security forces exercise maximum restraint in response to protests. The UN Mission in the DRC must be prepared to protect populations at risk of further violence.

Burundi

On 20 September 2016 the UN Independent Investigation on Burundi (UNIIB) issued its final report to the Human Rights Council. The report detailed gross human rights abuses, attributing responsibility for the vast majority of violations to the government. Although it acknowledged that relative levels of violence in Burundi have decreased since December 2015, UNIIB asserted that this has come largely as a result of increased oppression. UNIIB concluded that some incidents may amount to crimes against humanity and that, “given the country’s history, the danger of the crime of genocide looms large.” It is essential for the government of Burundi to immediately end its assault on organized dissent, strengthen the rule of law and end impunity for crimes and abuses committed since April 2015. In light of the UNIIB report, the UN Security Council and African Union should urgently reassess options for human rights monitoring and an enhanced UN policing mission in Burundi.

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War Crimes Prosecution Watch: Volume 11, Issue 14 – September 19, 2016

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FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 14
September 19, 2016

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Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

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

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives