Dear friends, Today, in our troubled times marked by ongoing conflicts, incredible violence and increasing hostility, it is imperative that we stand united in the struggle against impunity. Our attention and effort must be directed to do what we can in defense and remedy of those targeted by brutal violence from Syria to Central African Republic, from Pakistan to Turkey and beyond. As we search for ways to halt the violence and foster lasting peace in societies grappling with a legacy of massive human rights abuse, there is arguably no more important day to reflect upon the importance of the struggle for truth and justice than today, March 24. Thus, we take a moment to mark the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims. The pursuit of justice can take many forms, and truth telling is an essential one. In 2010, the United Nations established March 24 as a day to honor the memory of victims of gross and systematic human rights violations and their right to truth and justice. If peace is to have any chance of prevailing in times of escalating conflict, it is more necessary than ever to uphold this fundamental right. Truth telling is essential to achieve long-lasting peace and social change. It helps reduce tensions between opposing parties by revealing and validating the experiences of different groups. To build a dignified and inclusive future, it is necessary to overcome divisive sectoral narratives by establishing an objective account of the violent past. In many post-conflict settings, efforts to establish a reliable account of what happened during conflict have taken the form of a truth commission. Truth commissions are temporary, official inquiries established to determine the facts, causes, and consequences of past human rights violations. Victims are at the heart of such truth-seeking processes, because oftentimes their voices have been silenced or ignored for years. Since 1983, more than 30 truth commissions have been established around the world to investigate past human rights abuses committed during periods of conflict or repression. In 2013, ICTJ and the Kofi Annan Foundation joined efforts to reexamine assumptions about how truth commissions may be established and what makes them operate effectively as a tool to strengthen peace processes. This project has produced several outcomes, including the publication “Challenging the Conventional: Can Truth Commissions Strengthen Peace Processes?” and thoughtful discussions in Geneva, New York, and Bogotá, among other places. Today, as part of this sustained effort and our firm commitment to building peace on the foundation of truth, we are launching a multimedia presentation based on the reflections we have developed throughout this 3-year project. We invite you to learn – in English, Spanish and Arabic – from Guatemala, Sierra Leone, the Democratic Republic of Congo, Kenya and Nepal on how truth seeking can serve as a catalyzer for peace. Join us in challenging the conventional to find new ways to contribute towards building accountable and dignified societies. Sincerely, David Tolbert ICTJ President |
Special Features
War Crimes Prosecution Watch Volume 11, Issue 1 – March 21, 2016
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
- International Justice Monitor: Bemba and Associates Start Their Defense in Witness Tampering Trial
- Al Jazeera: Deadly ‘Reprisal Attacks’ Hit Central African Republic
- Capital News: LRA Abducts More than 200 in C. Africa
- Human Rights Watch: South Sudan: Army Abuses Spread West
- The Guardian: Amnesty Accuses South Sudan of War Crime Over Shipping Container Deaths
- The New York Times: Mass Rape, a Weapon of War, Traumatizes South Sudan
- All Africa: South Sudan: Rights Body Pushes for Hybrid Court to Try Juba War Crimes
- Voice of America: Advocacy Groups: Sanctions, Arms Embargo, Tribunal Needed for S. Sudan
- Newsweek: South Africa Loses Appeal over Sudan President Al-Bashir Arrest Warrant
Democratic Republic of the Congo
- Africa News: Gbagbo, Blé Goudé Trial Resumes at the ICC
- Africa News: Ivorian Court to Review Simone Gbagbo’s Case on March 17
- Vice News: Al Qaeda Says It Carried Out Ivory Coast Beach Attack as Revenge Against France
- News24: Ivory Coast Toll Rises to 19 With Body Found on Beach
- The Jurist: ICC Opens First War Crimes Hearing for Destruction of Religious or Cultural Heritage
- Justice Hub: Prosecuting the Destruction of Shrines at the ICC – A Clash of Civilisations?
- EuroNews: Hands Off Our Heritage: A Stark Warning for Cultural Iconoclasts
Lake Chad Region — Chad, Nigeria, Niger, and Cameroon
- Premium Times: Coalition Petitions ICC Over Politically-Motivated Killings in Rivers
- NY Times: Boko Haram Falls Victim to a Food Crisis It Created
- JusticeInfo.net: Uganda: Odek’s Defection will Undermine LRA Morale, says Expert
- Capital News: LRA Abducts More Than 200 in C. Africa: Rights Groups
Rwanda (International Criminal Tribunal for Rwanda)
- Human Rights Watch : UN Human Rights Council: UPR Adoption of Rwanda
- The Jerusalem Post : Supreme Court Strikes ‘Rwanda’ From Transcript on Migrants and Transparency
Court of Bosnia & Herzegovina, War Crimes Chamber
- Balkan Insight: UN Raps Bosnia for Violating War Widow’s Rights
- Court of Bosnia & Herzegovina: Indictment in the Case v. Senad Koštić Confirmed
- Court of Bosnia & Herzegovina: Indictment Confirmed in the Case v. Vide Krešić et al.
- Balkan Insight: Bosnian Soldiers Jailed for Wartime Rape in Bihac
International Criminal Tribunal for the Former Yugoslavia
- Sky News: Serb War Crimes Suspect Refuses Hague Return
- InSerbia: Ljajic: ICTY was Informed in Time
- Yahoo News: Serb War Crimes Suspect Seselj to be Judged in Absence
Domestic Prosecutions In The Former Yugoslavia
- Balkan Insight: Naser Oric Trial Witness ‘Feared’ Bosniak Commander
- Balkan Insight: Montenegro Extradites Serbian Wartime General to Croatia
- Balkan Insight: Bosnian Croat Fighters Indicted for Dretelj Camp Crimes
- Balkan Insight: Macedonia Holds Wanted Kosovo Liberation Army Ex-Fighter
- Reuters: Turkey car bomb attack kills two police, wounds 35: security sources
- BBC News: Turkey explosion: Ankara car bomb kills at least 32
Extraordinary Chambers in the Courts of Cambodia (ECCC)
- ABC News: Suicide Attack Kills at Least 47 South of Iraqi Capital
- USA Today: Eyewitness account: ISIL steps up chemical weapons attacks on Kurds in Iraq
- Reuters: Prosecution Of Syria War Crimes Should Not Wait For War’s End: U.N.
- The Straits Times: 23-Year-Old Singaporean On Way To Syria To Join Anti-ISIS Kurdish Militia Fighting Arrested Under ISA
Islamic State of Iraq and the Levant
- The New York Times : Germany Obtains List of Foreigners Suspected of Fighting for ISIS
- New York Times: Amid ISIS Battles, American Surrenders In Iraq
- The Daily Beast: The ISIS Army That’s Still Unborn
- The Hill : Kerry Will Miss Deadline To Label ISIS Violence ‘Genocide’
- Jerusalem Post: Report: Special Tribunal for Lebanon to Accuse Hezbollah of Hariri’s Assassination
- The Associated Press: Court Overturns Lebanese TV Manager’s Contempt Conviction
Bangladesh International Crimes Tribunal
- BD News 24: Attorney General Says War Crimes Trials Are Outcome of PM Hasina’s Political Decision
- Deutsche Welle: Bangladesh Court Upholds Death Sentence For 1971 War Criminal Mir Quasem Ali
- The Diplomat: To Counter ISIS, Bangladesh Needs to Solve Its Homegrown Violence
- Gulf News Bangladesh: Bangladesh Serves Death Warrant to Top 1971 War Crimes Convict Motiur Rahman Nizami
War Crimes Investigations in Burma
- Stars and Stripes: More Than 12 US Military Personnel Punished for Mistaken Hospital Attack
- Sputnik International: US Responsible for War Crimes in Yemen
- Coalition For the ICC: In Historic Move, El Salvador Joins International Criminal Court
- NACLA: Justice for the Women of Sepur Zarco
- Herald Tribune: Ex-Dictator Rios Montt’s Genocide Trial Opens In Guatemala
- The Washington Post: Murder Trial of Suriname President Resumes, Then Halts Again
- Huffington Post: Venezuela’s Right Wing Confesses to 17 years of Political Delinquency: The Amnesty Bill
- Colombia Reports: Uribe Ends Opposition; Colombia Congress Approves FARC Demobilization Zones
- Colombia Reports: Colombia Arrests Argentine Fugitive Wanted for Crimes Against Humanity
- The Guardian: UK Police Hold DNA Profiles of 7,800 Terrorism Suspects
- The New York Times: 16 Killed in Terrorist Attack on Resort Hotels in Ivory Coast
- UN News Centre: Security Council Condemns Deadly Côte d’Ivoire Terrorist Attack
- ABC News: Brother of Toulouse Attacker Merah to Face Terrorism Trial
- Human Rights Watch: China: State Security, Terrorism Convictions Double
- Human Rights Watch: Turkey: Academics Jailed for Signing Petition
- Seychelles News Agency: Last Somali Pirates Held in Seychelles to Face Charges, Judge Rules
- United States African Command: West Africa Piracy Case Highlights US Capacity Building Efforts
- City A.M.: From Nigeria to Singapore: How Low Crude Oil Prices Are Changing Pirates’ Tactics
- Maritime Executive: Nigeria and Equatorial Guinea Sign Anti-Piracy Deal
- Capital News: UN Report: Peacekeepers From 21 Nations Accused of Sexual Abuse
- U.S. Mission to the United Nations: Statement on The Secretary-General’s Report on Sexual Exploitation and Abuse
- U.S. Department of State: Violence Against Women in The Americas – Remarks by Under Secretary Sewall on International Women’s Day
- War Crimes Prosecution Watch Editors: Link to U.N. Security Council Resolution 2272
- U.S. Mission to the United Nations: Explanation of Vote at the Adoption of UN Security Council Resolution 2272 on Sexual Exploitation and Abuse in UN Peacekeeping Operations
- New York Times: To Maintain Supply of Sex Slaves, ISIS Pushes Birth Control
- New Britain Herald: Prosecute the War Crimes Against Cultural Heritage
- Open Democracy: Ending Impunity in Europe?
- Chicago Tribune: The Wrong Way To Make The Case for Keeping Assad
- Johan Van der Vyver: The Development of International Law Through the Unauthorised Conduct of International Institutions
- Amitai Etzioni: Defining Down Sovereignty: The Rights and Responsibilities of Nations
- Rogier Bartels: Legitimacy and ICC Jurisdiction Following Security Council Referrals: Conduct on the Territory of Non-Party States and the Legality Principle
- Michael P. Scharf: How the War Against ISIS Changed International Law
R2P Monitor, Issue 26, 15 March 2016
ICTJ Brings Together the DRC, Rwanda, Uganda and Tanzania to Discuss Response to International Crimes
ICTJ Brings Together the DRC, Rwanda, Uganda and Tanzania to Discuss Response to International Crimes Dear friends, Eastern DRC continues to be affected by conflict and serious crimes continue to be committed against civilians living in the area by the national army (FARDC), national armed groups, and foreign armed forces. Holding perpetrators accountable is essential to dismantling the structures that allow the ongoing cycle of abuses to continue in the DRC. The porous borders the country shares with neighbors in the Great Lakes Region greatly complicate any effort to ensure justice is done. This has allowed certain states to harbor or protect some of the worst perpetrators who were able to hide by simply crossing the border. With the signing of the Peace Security and Cooperation Framework in Addis Abeba (2013), 11 states pledged to take concrete measures to “put an end to recurring cycles of violence” that has afflicted civilians in Eastern DRC. Yet, despite the political commitments, the investigation and prosecution of domestic and international crimes continue to be severely affected by the lack of appropriate judicial cooperation among the states of the region. With this in mind, ICTJ has focused a significant portion of its work on criminal justice in the DRC on trying to facilitate such regional cooperation. As part of this effort, on March 15-16, ICTJ is for the first time bringing together the relevant national authorities and specialized prosecutors from the DRC and neighboring countries of Rwanda, Tanzania, and Uganda for high-level discussion and planning. The objective is to facilitate contact, exchanges and discussions between relevant national authorities on the technical and operational (rather than political) level, to discuss their respective national legislative and procedural frameworks. The event is happening in coordination with the United Nations Joint Human Rights Office (UNJHRO) and collaboration of the Office of the United Nations Special Envoy for the Great Lakes region, in close collaboration with the Ministry of Justice and Human Rights, the Ministry of Defense as well as the the Office of the Military General Prosecutor. The conference comes at a very significant time. Ladislas Ntaganzwa, indicted since 1996 by International Criminal Tribunal for Rwanda (ICTR) for charges of genocide against Tutsis during the 1994 Rwanda genocide was arrested in Eastern DRC on December 9, 2015, and should be transferred from Kinshasa to the United Nations Mechanism for International Criminal Tribunals (UNMICT) after numerous exchanges between the DRC and Rwanda. Ladislas was among the fugitives referred from the ICTR’s prosecutor to Rwanda under article 11 bis of the ICTR statute. Also, Jamil Mukulu, head of the Ugandan armed group Allied Democratic Forces (ADF), was arrested in Tanzania and extradited to his home country, Uganda, in 2015. In Uganda, Mukulu is allegedly responsible for a series of attacks in the west between 1998 and 2000, which led to more than 1,000 deaths. Yet, Mukulu was also wanted by the DRC for atrocities committed in the Beni area, North Kivu. Because Mukulu is facing different charges in Uganda and the DRC, participants at tomorrow’s conference are likely to discuss the case and the possibility of extraditing him to the DRC. The meeting, which will take place tomorrow and on Wednesday in Kinshasa, comes as culmination of a long lasting effort. Two years ago, ICTJ made the strategic decision to move its field office in the DRC from the capital Kinshasa to Goma in the eastern part of the country. The principal rationale behind this was to be based closer to where violations amounting to international crimes are committed, to help catalyze their investigation and prosecution. This has allowed us to work more directly with prosecutors, judicial authorities, victims and civil society activists coming from communities affected by these crimes. Bearing in mind the lack of infrastructure, which greatly contributes to the disconnect between the capital and the eastern part of the country, to be based in Goma has enabled us to inform our work with the specific challenges met by our Congolese counterparts when they attempt to prosecute international crimes. Crucially, we were able to establish channels of consultation with the Congolese authorities from Eastern DRC and Kinshasa, and this has proven instrumental to the work that we do in the DRC, which in the last year focused on regional cooperation. We have spent the last year planning and preparing tomorrow’s conference, and this included drafting of a baseline working document assessing the current regional judicial cooperation framework in the region, numerous bilateral meetings with national counterparts, and coordination efforts with the UNJHRO and the Office of the Special Envoy for the Great Lakes Region. As this work comes to fruition in gathering representatives of these key states to discuss technical aspects of regional cooperation, the hope is that its conclusions will inform the high level meeting of government representatives of the International Conference of the Great Lakes Region, which is to be held in Nairobi in April. Ultimately, the goal of this effort is to ensure that the key states in the region work together to bring perpetrators of atrocities to justice and deter future crimes in eastern DRC. Tomorrow’s conference is a significant first step in that direction. We also invite you to read our latest report The Accountability Landscape in Eastern DRC: Analysis of the National Legislative and Judicial Response to International Crimes (2009–2014). Best regards, Myriam Raymond-Jetté Head of ICTJ Office in DRC Email: mraymond-jette@ictj.org Additional contact: Refik Hodzic Director of Communications, ICTJ New York Tel: +1 917-637-3853 Email: rhodzic@ictj.org |
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