ICTJ World Report September 2016 |
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Copyright 2011 International Center for Transitional Justice | Unsubcribe
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ICTJ World Report September 2016 |
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Copyright 2011 International Center for Transitional Justice | Unsubcribe
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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.
Atrocity Alert, No. 23
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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FREDERICK K. COX
INTERNATIONAL LAW CENTERFounder/Advisor
Michael P. ScharfWar Crimes Prosecution Watch Volume 11 – Issue 14
September 19, 2016Editor-in-Chief
Kevin J. VogelTechnical Editor-in-Chief
Jeradon Z. MuraManaging Editors
Dustin Narcisse
Victoria SarantWar 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.
CENTRAL AFRICA
- Human Rights Watch: A Chance for UN Peacekeeping to Get It Right
- openDemocracy: Rethinking what ICC success means at the Bemba Trial
- Sudan Tribune: SPLM-N warns EU and US against funding Sudan’s militia
- Sudan Tribune: S. Sudan committed to hybrid court for war crimes: official
- BBC: South Sudan’s Kiir and Machar profited during war – report
Democratic Republic of the Congo
- International Justice Monitor: Judge Orders Legal Aid for Bemba in Witness Corruption Case
- Daily Mail: DR Congo warlord on hunger strike at war crimes trial
WEST AFRICA
- allAfrica: Mali: President Fires Defence Minister After Gunmen Seize Village
- Institute for Security Studies: A New African Force For Mali?
- The Washington Post: Gunmen Kill 3 Soldiers, Injure 2 In Central Mali ‘Ambush’
EAST AFRICA
- Christian Newswire: Liberty Counsel : Liberty Counsel Files Brief on Behalf of American Pastor in International Lawsuit
- Geeska Africa: Uganda drops charges against 17 in Muslim clerics murder trial
- AllAfrica: The Observer: Uganda: Kony Lawyer, Minister Sued Over Shs 1.2 Trillion
- AllAfrica: The Observer: Uganda: Mukulu Causes Fracas in Court to Get Transfer
- AllAfrica: The Monitor: Uganda: Museveni Orders Police Field Force Unit Out of Kampala
- All Africa: Somalia: 70,000 Refugees at Dadaab Willing to Return Somalia
- The Washington Post: Can Two Men Once Charged with War Crimes Tame Ethnic Violence in Kenya?
Rwanda (International Criminal Tribunal for Rwanda)
- The New Times: Rwanda: Swedish MPs Commit to Push for Arrest of Genocide Fugitives
- K93.3fm : Rwanda’s Withdrawal May Not Affect Future AfCHPR Ratifications
- Daily Nation: Repatriation threatened after Dadaab returnees are blocked in Somalia
- AllAfrica: Al Shabaab Beheads Elders in Southern Somalia
- AllAfrica: Mortar Shell Hits Near Mogadishu International Airport Ahead of IGAD Meeting
- AllAfrica: President Mohamud Launches National Strategy for Countering Violent Extremism (Cve)
- Human Rights Watch: Kenya Is Abandoning Somali Refugees
- Human Rights Watch: Five Wrongfully Detained in Somalia Now Free
NORTH AFRICA
EUROPE
Court of Bosnia & Herzegovina, War Crimes Chamber
- The Court of Bosnia and Herzegovina: Indictment confirmed in the case v. Enver Buza
- The Court of Bosnia and Herzegovina: Suspect Jasmin Viković ordered into custody
- Balkan Insight: Bosnia Arrests Six Serbs for Milici War Crimes
- The Court of Bosnia and Herzegovina: Prohibiting measures ordered to the Suspects in the case v. Radomir Pantić et al.
- Balkan Insight: Bosnian War Rape Victims Struggle for Compensation
MIDDLE EAST AND ASIA
Extraordinary Chambers in the Courts of Cambodia
- The New York Times: Married off by the Khmer Rouge, and ‘Nobody Could Help Me’
- The Phnom Penh Post: Former Khmer Rouge Supporter Gives Talk to Students
- Japan Times: Japanese Academic Testifies at Khmer Rouge Tribunal in Cambodia
- The Washington Post: IS car bombing kills at least 12 civilians in Iraqi capital
- Reuters: Iraq gears up for late-year push to retake Mosul from Islamic State
- ALALAM: ISIS Barbarically Executes 8 Iraqi People by Drowning inside Cage in Mosul City
- RUDAW: UPDATED: Coalition airstrike destroys ISIS chemical weapons plant near Mosul
- Xinhua: Family of 7 killed in bomb blast while fleeing IS-held town in Iraq
- Aljazeera: Syria’s war: Use of chemical gas to be investigated
- CNN: Syrian ceasefire appears to hold, but aid deliveries are on standby
- The Daily Star: Prosecutors: Hariri killing was plotted in south Beirut
- The Daily Star: STL expert witness unpacks analysis of conspiracy
- The Daily Star: STL: Defense puts forward its own theory of phones
AMERICAS
- CBC News: Trois-Rivières man deported to Ivory Coast for alleged war crimes
- Los Angeles Daily News: Genocide in Guatemala topic of USC international conference
- Truthout: Iraqi Woman Uses Chilcot Report in War Crimes Lawsuit Against George W. Bush
- Daily Mail: Ex-head of Argentina air force convicted in ‘dirty war’ case
- Colombia Reports: ICC welcomes Colombia peace deal, but urges prosecutions
- Colombia Reports: FARC leaders touring Colombia to beg forgiveness for war crimes
- AP The Big Story: UN approves Colombia peace mission
- Telesur: Historic: Peru Jails 10 Military Men for Brutal State Massacre
TOPICS
Truth and Reconciliation Commission
- The New Times: Political will, selfless leadership key to a united Africa – activists
- Vancouver Sun: B.C. First Nations, business council pledge economic support with new agreement
- The Wire: Long Road Ahead For Transitional Justice in Nepal
- The Daily News: Disappearances major topic at UNHRC sessions
- The West Australian: Police frustrated with youth crime, family dysfunction in Kalgoorlie: Gordon
- The Hindu: Kabul’s global charity attacked in ‘war crime’
- The Washington Post: Report offers new details on San Bernardino terrorist attack
- The Guadian: Sarkozy urges special courts and facilities to detain potential terrorism suspects
- Bloomberg: Facebook and Israel Agree to Tackle Terrorist Media Together
- CNN: Germany: 3 alleged ISIS members arrested in Paris attacks probe
- The Guardian: Old Bailey jury to hear secret evidence from counter-terrorism officer
- ABC News: Russia Urges Syrian Rebels to Separate From ‘Terrorists’
- NBC News: 9/11 ‘Sponsors of Terrorism’ Bill Could Fuel Extremism: Saudi Adviser
- The Economist: High-seas piracy hits a two-decade low
- BBC News: ‘Do you have an AK-47 and can you swim?’
- S&P Global Platts: Piracy ebbs in Southeast Asia waters on lower oil price, better law enforcement
- Hellenic Shipping News: Indonesia can nab pirates in Philippine waters
- Maritime Executive: Vietnam to Extradite Eight Indonesian Pirates