Special Features

Global Centre for the Responsibility to Protect: Atrocity Alert: Syria and South Sudan

Atrocity Alert, No. 21

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

On 6 September Syrian government forces were accused of dropping barrel bombs filled with chlorine gas on the Al-Sukari neighborhood in eastern Aleppo. These accusations come one week after the UN Security Council met to discuss the report of the UN-Organization for the Prohibition of Chemical Weapons (OPCW) Joint Investigation Mechanism (JIM) on responsibility for chemical weapons use in Syria, and less than a month since at least three people were killed during a reported chlorine attack on the opposition-held Zubdiya neighborhood of Aleppo on 10 August. It was reported that at least 70 people were injured during Tuesday’s attack, including women and children. The recent JIM report concluded that Syrian government forces had carried out at least two chemical weapons attacks since 2013. The use of chemical weapons constitutes a war crime and is in clear contravention of Security Council Resolution 2118, which threatened possible Chapter VII measures in the event of non-compliance.

The latest report of the Human Rights Council-mandated Commission of Inquiry (CoI) on Syria was published on 6 September. The CoI condemns the increase in indiscriminate attacks on civilians and medical facilities following the breakdown of February’s cessation of hostilities and asserts that “without a return to the peace process, the Syrian conflict, and the violations and abuses it has nourished, will continue.”

South Sudan

Following renewed fighting in Juba during July and the UN Security Council’s authorization of the deployment of a Regional Protection Force (RPF), South Sudan is at a critical juncture for the prevention of further mass atrocity crimes. The UN Security Council visited South Sudan from 2 to 5 September to discuss with government officials, UN representatives and civil society how to improve the security and humanitarian situation across the country. The Transitional Government of National Unity and UN Security Council members issued a Joint Communique on 4 September in which the government consented to the deployment of the RPF as part of the UN Mission in South Sudan (UNMISS). UN Security Council Resolution 2304 threatened an arms embargo on South Sudan if the government impeded the deployment of the RPF. Ensuring UNMISS’ free movement and establishing the Hybrid Court for South Sudan, in cooperation with the African Union, are other essential commitments that the Transitional Government of National Unity should uphold in order to prevent further atrocities.

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PILPG: War Crimes Prosecution Watch Volume 11, Issue 13 – September 5, 2016

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FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 13
September 5, 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

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

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

Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq and Syria

Atrocity Alert, No. 20

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.

Iraq

On 30 August The Associate Press (AP) published a report asserting that the so-called Islamic State of Iraq and the Levant (ISIL) has scattered more than 72 mass graves across locations in Iraq and Syria. According to the AP’s report, there are between 5,200 and 15,000 victims buried in mass graves in territories recovered from ISIL control.  Many of the mass graves are located in the Sinjar region of Iraq, where ISIL launched an attack in August 2014 on the Yazidi population. The UN-mandated Commission of Inquiry on Syria has found that ISIL has committed genocide, crimes against humanity and war crimes against the Yazidis. According to the AP report, evidence of ISIL’s atrocities extend “well outside the Yazidi region in northern Iraq” with at least one mass grave holding hundreds of members of “a single tribe all but exterminated when IS extremists took over their region.” An inability to systematically investigate and recover evidence from these mass graves will inhibit efforts to hold perpetrators accountable for mass atrocity crimes.

Syria

On 24 August the Leadership Panel of the UN-Organization for the Prohibition of Chemical Weapons (OPCW) Joint Investigation Mechanism (JIM), mandated by the UN Security Council in 2015 to identify those responsible for the use of chemical weapons in Syria, issued a report with “sufficient evidence” of three cases of chemical weapons use. The report marks the first international investigation attributing responsibility for perpetrating chemical weapons use in Syria. The JIM attributed two cases of chlorine gas attacks during 2014 and 2015 to the Syrian Airforce and one sulfur-mustard attack during 2015 to ISIL. The use of chemical weapons constitutes a war crime and is in clear violation of international humanitarian law and the Chemical Weapons Convention, which Syria acceded to in 2013.

Following a sarin gas attack on the Ghouta area of Damascus in August 2013 that killed an estimated 1,400 people, the UN Security Council passed Resolution 2118 endorsing a plan by the OPCW for the expeditious destruction of Syria’s chemical weapons program and asserting that in the event of non-compliance it would impose measures under Chapter VII of the UN Charter. Following a Security Council meeting regarding the JIM report on 30 August, the Council has yet to take measures in response to the investigation.

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ICTJ: Special Units, Special Responsibilities: Searching for the Disappeared

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Special Units, Special Responsibilities
How Can Search Bodies Deliver Answers to the Families of the Disappeared?

Dear David,

“Until we find them.” These are the words of determination, sorrow and love repeated time and again by relatives and friends of people who have been disappeared – those who were forcibly taken from their homes, a work place, a crowded bus or an empty street, often because of their presumed beliefs, whose capture is denied by the authorities or the forces that took them, with their whereabouts and fate sealed in silence for years, or sometimes forever. “Finding them,” however, is a vow that mobilizes and echoes across generations and geographies.

Over the past decades, the search for the disappeared has been carried forward in many countries, always as a humanitarian effort and often as a driving force in the political struggle for justice.

“Finding them” carries not only the thread of hope that a loved one may be returned or appear alive, but also very importantly the demand for acknowledgement of the crime and for full information about the circumstances of the disappearance, who was responsible, the fate of the person, and the whereabouts of their remains. It means the return of the remains to their families so the appropriate rites to attend the dead, whatever these be, may be carried out. And for many, it also means holding the perpetrators to account.

In a number of countries where governments have refused to provide information or undertake this search in an effective manner, civil society groups have developed highly professional skills to locate clandestine gravesites, exhume remains, conduct forensic analysis to establish their identity and the circumstances or cause of death, and return the remains in a dignified and culturally sensitive way to the families. Work by such forensic anthropology groups, for example in Argentina, Guatemala, Peru, and Bosnia, has allowed thousands of families to recover the remains of their loved ones. And their work has cracked the silence and denial about disappearances by providing hard evidence regarding how the deaths occurred. In some cases, their findings have formed the basis of successful criminal cases to bring the perpetrators of this terrible crime to justice.

Today as part of transitional justice and peacebuilding processes in several countries, we are observing a trend that is emerging as the result of strong and sustained advocacy efforts by victims groups and civil society actors. Governments are agreeing to establish special entities, with fairly robust mandates, to search for the disappeared in parallel to the work of truth commissions and the courts. All face a number of challenges, including the very complex issue of the how and when the forensic findings of the search commissions may or may not be used by the courts. Nepal, Colombia and Sri Lanka are in various stages of establishing such bodies. In Nepal, the special commission has been working for a number of months and has received almost 3,000 denunciations. In Sri Lanka, where there are tens of thousands who have been reported as disappeared, the commission still only exists on paper. In Colombia, after reaching a historic peace agreement just some days ago, the country will have a chance to address the shortages of its past attempts to deal with enforced disappearances by creating a special search unit.

The challenge now in all cases is to move from the very important, formal commitment to effective and timely results. The needs of the families of the disappeared as they themselves articulate them, their participation, their dignity and the dignity of their disappeared love ones, must be the guiding framework for these new initiatives. The governments involved not only have the opportunity to reflect their commitment to the rights of victims through these efforts, but also, by doing the job well, to begin to build trust with citizens who have suffered a most horrendous crime.

At two radically different points in their respective peace processes, join us as we explore what victims want from official investigations in Nepal and Colombia this International Day of the Disappeared.

Sincerely,
Marcie Mersky
ICTJ Director of Programs

The Search for the Disappeared in
Colombia and Nepal

Colombia

The country’s new peace agreement includes mechanisms to find the disappeared, but it is not the first time a body has set out with that mission. How can the country avoid the mistakes of the past ?

Nepal

 A 2006 peace accord laid the groundwork for an investigative body, but ten years later families of the disappeared are still waiting for answers. Is there political will to provide them?