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

ICTJ ICTJ World Report
August 2016

In Focus

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ICTJ Welcomes Historic Peace Agreement Between Colombian Government and FARC RebelsICTJ Welcomes Historic Peace Agreement Between Colombian Government and FARC RebelsThe agreement represents “an historic opportunity for Colombian society to build a peaceful future on foundations of respect for human rights and the rule of law,” said David Tolbert, president of ICTJ. “We have for years worked in support of victims’ rights in Colombia and will continue to do so with renewed energy and hope.”

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World Report

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AFRICAIn The Democratic Republic of Congo at least 36 people have been killed in the eastern part of the country by the Islamic armed group Allied Democratic Forces. Patrick Sabimana, security chief of warlord Sylvestre Mudacumura, was arrested in eastern DRC this month. Mudacumura has been wanted under an international arrest warrant since July 2012. In Côte d’Ivoire the trial of former first lady Simone Gbagbo for crimes against humanity was put on hold until October 10, after the former first lady complained she was too tired to proceed. Tens of thousands of people have fled a fresh outbreak of violence in South Sudan, reporting mass killings, looting and forced recruitment of child soldiers. On July 11, South Sudanese troops attacked aid workers, shooting a local journalist and raping several foreign women while UN peacekeepers stationed nearby did not respond to calls for help. In Mali, Ahmad al-Mahdi became the first defendant to plead guilty at the International Criminal Court. Al-Mahdi faces up to 11 years in prison for his destruction of monuments of great religious and cultural significance. The UN condemned attacks on peacekeepers in Mali earlier this month. In Nigeria 20 soldiers of the Nigerian Army have been arraigned over charges ranging from human rights abuse, murder and the sale of firearms in counter-insurgency warfare in Borno state. The United Nations urgedEthiopia to allow international observers into parts of the country hit by deadly clashes between security forces and protesters. These clashes resulted in the death of at least 49 people as authorities cracked down on anti-government unrest. Chad’s dictator Hissene Habré, sentenced to life in May for war crimes and crimes against humanity, was ordered by a court in Senegal on Friday to pay up to 30,000 euros to each of his victims. The UN Security council authorized the deployment of 228 police toBurundi to try to quell violence and human rights abuses in the country.

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AMERICASColombia’s government and FARC invited 5 institutions and personalities – including ICTJ, the Pope and UN Secretary General Ban Ki-Moon – to participate in the selection of magistrates for their Special Jurisdiction for Peace. A recent poll found that 67.5% of Colombians would approve the peace deal. If the peace deal was to be vetoed in the plebiscite, individual elements of a peace deal with the FARCwould not be renegotiated according to the chief government negotiator. The US deportedGuatemala’s Santos Lopez Alonzo, a former soldier suspected of helping carry out a massacre in 1982 during the country’s civil war. Women’s rights campaigners and human rights groups in Peru havevowed to appeal a ruling that clears jailed former president Alberto Fujimori and his health ministers of criminal responsibility for a nationwide family planning program that resulted in thousands of forced sterilizations in the late 1990s. In Argentina, United States Secretary of State John Kerry said he willdeliver the first batch of declassified documents related to America’s role in Argentina’s 1976-83 military dictatorship, a seven-year period in which thousands of leftwing activists were murdered.

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ASIAIn Nepal, The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) closed complaint registration this month, with over 60,000 cases collected in the last four months. Myanmar activists called for release of all political prisoners currently behind bars following the announcement that hundreds of people accused of “political” crimes would no longer face prosecution. In the Philippines more than 1,800 people have been killed in extrajudicial killings under new president Rodrigo Duterte. Duterte pledged to kill alleged drug dealers in his campaign. In Taiwan President Tsai Ing-wen of Taiwan offered a formal apology to aboriginal peoples for centuries of “pain and mistreatment,” and she promised to take concrete steps to rectify a history of injustice. She later reiterated her government’s commitment to transitional justice for indigenous people. In Bangladesh, a special tribunal for war crimes during the country’s independence war in 1971 sentenced a former lawmaker to death and seven others to life in prison on charges of murder and other crimes.

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EUROPEIn Nepal, The Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) closed complaint registration this month, with over 60,000 cases collected in the last four months. Myanmar activists called for release of all political prisoners currently behind bars following the announcement that hundreds of people accused of “political” crimes would no longer face prosecution. In the Philippines more than 1,800 people have been killed in extrajudicial killings under new president Rodrigo Duterte. Duterte pledged to kill alleged drug dealers in his campaign. In Taiwan President Tsai Ing-wen of Taiwan offered a formal apology to aboriginal peoples for centuries of “pain and mistreatment,” and she promised to take concrete steps to rectify a history of injustice. She later reiterated her government’s commitment to transitional justice for indigenous people. In Bangladesh, a special tribunal for war crimes during the country’s independence war in 1971 sentenced a former lawmaker to death and seven others to life in prison on charges of murder and other crimes.

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MENAIn Tunisia, parliament passed a vote of no confidence in prime minister Habib Essid, who faced criticism from across the political spectrum. Youssef Chahed has been named as Essid’s successor, and recently named his cabinet. In Syria a new report from Amnesty International exposes horrific torture practices. In Iraq, UN Secretary-General Ban Ki-moon expressed deep concern about the safety of people who remain in ISIS’ captivity, particularly the thousands of Yezidi women and children, on the second anniversary of the seizure of Sinjar by the group. In Lebanon, a once-residential building-turned snipers’ lair will be transformed once more – this time into the country’s first publicly funded museum documenting the civil war— when it opens in September. On August 6, the Chouf regionmarked the 15th anniversary of the mountain reconciliation between Christians and Druze. Lebanese Forces leader Samir Geagea also marked the anniversary of the reconciliation, saying all parties must do everything in their power to avoid the recurrence of violence. In Yemen, a UN report concluded that the Saudi-led coalition fighting in Yemen deliberately bombed a house, killing four children, and that Houthi rebels used civilians as shields to avoid attacks. Yemeni government negotiators left peace talks in Kuwait after Houthi militia foes rejected a United Nations proposal aimed to ending their country’s war.

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Publications

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Recommendations for Victim Reparations in Côte d’IvoireCôte d’Ivoire is obligated to provide reparations to victims of both the political violence that shook the country following the 2010 presidential elections and the different episodes of political violence and armed conflict since 1990.

Handbook on ComplementarityWhere should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our new Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in the global fight against impunity.

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Upcoming Events

September 11 – 14, 2016

A Conflict? Genocide and Resistance in Guatemala Location:University of Southern California, USC Ray Stark Theatre View Details

October 01, 2016

70th Anniversary of the Verdicts of the International Military Tribunal Location:Nuremberg, Germany View Details

More Events
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Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, Syria and Burma/Myanmar

Atrocity Alert, No. 19

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 18 August the UN Office of the High Commissioner for Human Rights (OHCHR) and the UN Assistance Mission for Iraq (UNAMI) published a new report: “A call for accountability and protection: Yazidi survivors of atrocities committed by ISIL.” The report concluded that the atrocities perpetrated by the so-called Islamic State “have been committed in a systematic and widespread manner, targeting and seeking to destroy the Yazidi group, in whole or in part.” OHCHR and UNAMI provided practical recommendations to the government of Iraq and the international community regarding accountability options, including calling on Iraq to accede to the Rome Statute of the International Criminal Court.

Syria

Populations in Aleppo continue to endure indiscriminate aerial bombardments despite repeated calls by UN officials for all parties to agree to 48-hour humanitarian pauses to ensure safe, unimpeded access to all parts of Aleppo. During a 22 August UN Security Council meeting on the situation, several Council members expressed alarm at reports of the Syrian government and Russia using incendiary weapons in civilian areas while UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Stephen O’Brien condemned the use of “double tap” attacks that put humanitarian workers at grave threat while attempting to rescue civilians. Referring to Aleppo as an “apex of horror,” Under-Secretary-General O’Brien asserted that the UN is prepared to send 50 trucks of assistance from western Aleppo into eastern Aleppo, as well as 20 additional trucks through cross-border operations, if they receive the necessary security assurances of a comprehensive pause in hostilities.

Burma/Myanmar

On 23 August the office of State Counselor Aung San Suu Kyi issued a press release announcing the establishment of an Advisory Commission on Rakhine State, chaired by former UN Secretary-General Kofi Annan. The nine-member Advisory Commission will initiate a dialogue with national and international stakeholders, including political and community leaders in Rakhine, to find “lasting solutions to the complex and delicate issues in the Rakhine State.” The new National League for Democracy government in Burma/Myanmar has faced increasing pressure to address discriminatory state policies and systematic persecution of the Rohinyga minority, more than 120,000 of whom remain segregated in internal displacement camps in Rakhine State. The UN High Commissioner for Human Rights has reported on widespread and systematic abuses against the Rohingya population that amount to crimes against humanity. The newly-formed Advisory Commission is expected to focus its investigation and recommendations on “humanitarian and development issues, access to basic services, the assurance of basic rights and the security of the people of Rakhine.”

Steve Gumaer

UN Photo/Mark Garten

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Al Jazeera: Slobodan Milosevic is no hero

Former Yugoslav President Slobodan Milosevic appears at the war crimes tribunal in The Hague in July 5, 2004  [Getty]
Former Yugoslav President Slobodan Milosevic appears at the war crimes tribunal in The Hague in July 5, 2004 [Getty]

by

Serge Brammertz is the chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia.

Most of the world’s attention focuses on today’s humanitarian crises. This is understandable. Preventing and ending armed conflicts must be the first priority, particularly in the face of immense and ongoing civilian suffering.

Yet it is important not to lose sight of what happens after conflicts are over. Years of dedicated effort are needed to secure the peace and rebuild order.

In the 1990s, conflicts in the former Yugoslavia transfixed the world much as Syria does today.

Since the Yugoslav wars were finally brought to an end, the international community has invested significant efforts to help restore peace and security in the Western Balkans. Meaningful progress has been achieved in critical areas such as democratisation, particularly through Euro-Atlantic integration and the European Union accession process.

The return of dangerous rhetoric

However justice and reconciliation – essential pillars for building sustainable peace – have faced far more opposition.

Initially, some progress was achieved, supported by far-sighted leaders such as the late Serbian Prime Minister Zoran Dindic and Croatian President Stjepan Mesic.

In the past few years, though, the situation has greatly deteriorated, with the return of rhetoric and policies not seen since the outbreak of the conflicts.

Some government officials throughout the region regularly misrepresent and disregard the judicial and historical record.

The denial of genocide, crimes against humanity and war crimes is almost commonplace today. Convicted war criminals are being publicly lauded as heroes.

Recent commemorations of tragedies have been used to inflame tensions and retrench divisions. These trends paint a worrying picture of how those domestic politicians throughout the region are shaping public opinion.

While Milosevic did not face final judgment in the courtroom, the facts and evidence remain. Today, any member of the public can access the ICTY’s judicial records and read the evidence.

Last week marked a new low. To widespread surprise, a thin pretext was seized in an attempt to publicly absolve former President of Serbia Slobodan Milosevic, of responsibility for the atrocities committed in Bosnia and Herzegovina.

Some, including the Serbian Foreign Minister Ivica Dacic, contend that earlier this year the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) exonerated Milosevic in its trial verdict convicting former Bosnian Serb leader Radovan Karadzic.

The arguments are not only misguided, but wrong. The only person on trial in Karadzic’s case was Karadzic himself.

Insulting the victim

But the key point is that these arguments ignore historical facts established by the evidence. Revisionism not only insults victims; it holds a society back.

The ICTY Office of the Prosecutor indicted Milosevic for genocide, crimes against humanity and war crimes committed in Bosnia and Herzegovina, Croatia and Kosovo.

Our prosecutors introduced immense evidence – more than 350 witnesses and 5,700 documents comprising 150,000 pages – demonstrating his alleged criminal responsibility. Regretfully, he died in 2006 before his trial could be completed and a verdict entered.

OPINION: The Radovan Karadzic verdict will change nothing

Yet, while Milosevic did not face final judgment in the courtroom, the facts and evidence remain. Today, any member of the public – and any government official – can access the ICTY’s judicial records and read the evidence. Vital information can also be found in Serbia’s state archives.

Even in the absence of a criminal verdict, history’s judgment will be that Milosevic played a central role in fostering ethnic cleansing campaigns throughout the former Yugoslavia.

Isolation and stagnation

The ICTY has always adhered to the principles that accused are only prosecuted for their individual criminal responsibility, and that no people bear collective responsibility for the crimes of their leaders.

Yet equally, all people have the right to know what was done in their name. And with that knowledge, progress and reconciliation require acceptance of clear, historical facts, no matter how uncomfortable those facts may be. Revisionism and denial lead only to isolation and stagnation.

More accountability for atrocity crimes is urgently needed throughout the former Yugoslavia.

OPINION: Does Europe judge Radovan Karadzic or itself?

Unfortunately, for every country in the region there are legitimate doubts about the commitment to impartial and independent justice. Too often false equivalencies and appeals to ethnic victimhood are used to justify inaction and widespread impunity.

There is still time to take the right path. In Bosnia and Herzegovina, brutal insults to victims by denying the crimes against them must stop.

In Croatia, all those who were forced to flee their homes, whatever their ethnicity, must be recognised and protected.

In Serbia, the new government must demonstrate that its commitment to prosecute all war crimes cases is not only words, but the road map for real action.

Whether from intent or neglect, relations between the countries of the Western Balkans are at their worst point in years.

Efforts to rehabilitate those like Milosevic, or deny indisputable atrocities like the Srebrenica Genocide, are more than fading remnants of discredited regimes.

State and political officials throughout the former Yugoslavia must make a choice. To keep stoking the fires of ethnic nationalism by denying the truth and turning neighbours into objects of fear.

Or to accept that there were immense wrongdoings in the past; bring the perpetrators to justice and move forward together on the path to solidarity and lasting peace.

Serge Brammertz is the chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia and the Mechanism for International Criminal Tribunals.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policies.

New Tactics in Human Rights: Combating Corruption in the Public Sector

Newletter | August 2016

Combating Corruption in the Public Sector

August 22-16, 2016

Online NOW. Join the New Tactics community for an online conversation on Combating Corruption in the Public Sector from August 22 to 26, 2016.

According to Transparency International, sixty-eight percent of the world has a serious corruption problem and this includes half of G20. More than six billion people live in countries with serious corruption issues. The Corruption Perceptions Index is a global indicator of public sector corruption, providing an annual level of corruption by ranking countries. The characteristics of the countries which score well are countries with liberal open democracies with an independent judiciary and a free press.

In Nepal, customary homebirths pose significant risks to health; approximately six women die per day in childbirth. To combat this, the Nepalese government created a program that provides women a small monetary incentive should they give birth in a hospital. In one district, local officials reported a list of fake mothers to the government and kept the money for themselves.  A local whistleblower reached out to Transparency International, which publicized the story to the media. Fearing a public scandal, the officials returned the money to the state, which was reallocated to the expectant mothers. The issue prompted both the Nepalese government and local actors to maintain heightened awareness of public sector corruption.

In this conversation, we seek to discuss tactics for illuminating issues of and advancing the cause for good governance, protection for whistle-blowers, and the necessary tools for developing successful advocacy efforts. Join us for this important discussion!

Join the Conversation >

A billboard in Gulu, Uganda, reminds citizens to say no to corruption.
© 2015 Mark Brennan, MIT CITE, Courtesy of Photoshare

Global Centre for the Responsibility to Protect: R2P in Focus: R2P in United Nations Resolutions

R2P in Focus, No. 4

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).

R2P in UN Resolutions 

UN Photo/JC McIlwaine

Following the adoption of R2P at the UN World Summit in 2005, the inclusion of R2P and mass atrocity prevention language in UN Security Council and Human Rights Council resolutions represents the consensus among members of both Councils that indifference to mass atrocities is unacceptable.

To date 50 UN Security Council resolutions and 17 Human Rights Council resolutions have included direct references the responsibility of states to protect civilians from mass atrocity crimes and the responsibility of the international community to assist them in doing so. UN Security Council resolutions that reference R2P have addressed 11 country situations, including 10 resolutions on the crisis in South Sudan and 8 resolutions on the situation in the Central African Republic. Additionally, references to R2P can be found in resolutions on thematic issues, including the Protection of Civilians, Small Arms and Light Weapons and the Prevention of Genocide. UN Human Rights Council references include 13 resolutions on the situation in Syria as well as 2 thematic resolutions on the Prevention of Genocide.

Despite this progress, the international community still struggles to match words with deeds. While Security Council resolutions are binding under international law, state forces and some non-state actors in Syria, South Sudan, Yemen and elsewhere continue to commit atrocities and ignore international humanitarian and human rights law.

With the recent election of new non-permanent members to the UN Security Council for the 2017-2018 term and the anticipated selection of a new UN Secretary-General, member states must ensure that mass atrocity prevention remains a core priority of the UN. The UN must ensure the international community consistently upholds its collective responsibilities wherever and whenever populations are threatened by mass atrocity crimes.

UN General Assembly Informal Interactive Dialogue on R2P

On 17 August the UN Secretary-General, Ban Ki-moon, released his annual report on the Responsibility to Protect, entitled: Mobilizing collective action: The next decade of the responsibility to protect. The report highlights the progress made by the international community in upholding R2P, but argues that consistently protecting populations remains dependent upon the willingness of member states to live up to the commitment made at the UN World Summit in 2005.

The annual Informal Interactive Dialogue on R2P will be held in the UN General Assembly on 6 September, focusing on the recent report of the UN Secretary-General.  The Global Centre strongly encourages member states to reiterate their support for R2P and the prevention of mass atrocities at this important event, including through signing on to important initiatives such as the ACT Group’s “Code of Conduct” for Security Council members, as well as the Kigali Principles for Protection of Civilians.

Any Other Business

  • Straw poll for the next UN Secretary-General. On 5 August the UN Security Council held the second round of “straw polls” to signal their level of support for candidates to become the next UN Secretary-General. For the results, see thisgraphic by the World Federation of United Nations Associations. The next straw poll is scheduled to take place on 29 August.
  • Opening of the 71st session of the UN General Assembly.  On 13 September the 71st session of the UN General Assembly will commence. UN High-Level week will take place during 20-26 September. The Global Centre will be co-hosting and participating in many events throughout this important time.

Calendar Highlights

6 September 2016

UN General Assembly Informal Interactive Dialogue on R2P

13-30 September 2016

Human Rights Council 33rd Session

20-26 September 2016

UN High-Level Week

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