Special Features

ICTJ: Boko Haram and the Lessons of the LRA

By ICTJ President David Tolbert

On January 10, a particularly atrocious terrorist attack was mounted in a bustling market in the northern Nigerian town of Maiduguri: a ten-year-old girl detonated an explosive device hidden beneath her dress, killing 16 people and injuring dozens of others. The child bomber – who, witnesses claim, was unaware that she was carrying explosives at all – was sent by the militant Islamist group Boko Haram.

The next day, a similar attack was carried out in the Nigerian town of Potiskum by two ten-year-old girls with explosives strapped to their bodies. These attacks came just days after reports started trickling in of what may be Boko Haram’s deadliest terrorist attack yet: the massacre of up to 2,000 people in the town of Baga.

These were not isolated attacks. In fact, Boko Haram’s campaign of terror began long ago. The group gained global attention last year, when it abducted 276 girls from a school in Chibok; but the girls remain unrecovered, and now the “Bring Back Our Girls” campaign is all but forgotten. Estimates of the number of people Boko Haram has killed since 2009 range from 4,000 (according to international human-rights groups) to 13,000 (according to the Nigerian government).

The danger that Boko Haram poses cannot be overestimated. The group increasingly resembles the Lord’s Resistance Army (LRA), which wreaked havoc in northern Uganda and South Sudan for decades. Like the LRA, Boko Haram represents a serious threat to regional stability. It already controls large parts of Borno province, which borders Niger, Chad, and Cameroon, and its offensive has now spilled into Cameroon, where it recently attacked a military base.

There are other parallels between the two groups, including the targeting of children. The LRA has abducted boys and girls as young as seven to be used as soldiers and sex slaves. The LRA’s recipe for child recruitment has many ingredients, but central to their twisted method is forcing children to kill members of their own family and community in gruesome ways, making it less likely they will ever be able to return home again.

Despite clear evidence of massive human rights violations, the Ugandan government and the international community were slow to respond to the LRA threat.

LRA Leader Joseph Kony and his three top commanders have been wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity since 2005. But it was only after the controversial internet campaign called “Kony 2012” made him the world’s most-wanted fugitive, raising the political stakes for Uganda and the region, that the United States sent some 200 troops to help an African Union force hunt down Kony. Three years later, he is still on the run.

And yet, the international community’s response to Boko Haram’s atrocities seems to be as slow and erratic as it was to the LRA. Absorbed in the attack against Charlie Hebdo journalists in Paris, it took days for the international community to even condemn the mass killing in Baga. Nigerian president Goodluck Johnathan sent condolences to Paris days before he publically reacted to the massacre of his own citizens. It seems no lessons were learned from the experience with the LRA.

A failure to act is both wrong and dangerous. One can rightly be concerned that political factors can get in the way of strong action to prevent further killings and to ensure accountability for the abuses committed thus far by Boko Haram. Indeed, Nigeria is an important source of oil and raw materials, with growing economic importance to the West, as well as to China, India, and other major emerging countries. Competing for lucrative contracts, global powers have in the past seemed inclined not to offend the Nigerian government by drawing attention to its inability to protect its citizens or to ensure accountability for atrocities.

But ignoring Boko Haram will only enable it to commit more atrocities. The failure to act in this case maybe another example of the international community averting its gaze from African suffering, as it has so often done in the past, most notably in Rwanda in 1994.

The ICC Prosecutor took an important step on 20 January by warning Nigeria’s government of its obligation to prosecute Boko Haram leaders for crimes that “deeply shock the conscience of the world”. While these are welcome words, the ICC should also issue a definitive timeline for Nigerian authorities to demonstrate convincingly their commitment and, perhaps more relevant, their capacity to investigate Boko Haram’s atrocities effectively. An ICC mission to the places affected by the group’s attacks would be needed to determine whether progress has been made; if Nigeria does not make sufficient progress, the ICC prosecutor should issue a proprio motu decision to open an independent investigation.

A clear course of action is required if perpetrators of Boko Haram’s atrocities are to be brought to justice sooner than it took to see Dominic Ongwen, one of the LRA’s top commanders, give himself up nine years after the ICC indicted him.

Boko Haram cannot be allowed to continue its campaign of terror, violence, and death in Nigeria and beyond. The Nigerian government and the international community must demonstrate that lessons have been learned from the case of the LRA, and act now to protect lives and ensure accountability of perpetrators.

A version of this op-ed appeared on Project Syndicate on January 31, 2015, here

Bill Browder Issues ‘Red Notice’ on Putin’s Russia Today With Simon & Schuster

3 February 2015 – Bill Browder, once the largest international investor in Russia, lifts the lid on Kremlin corruption and describes in a devastating new book titled “Red Notice” how Putin and his regime will stop at nothing for the criminal acquisition of wealth, including murder. The book is released today, 3 February 2015, by Simon & Schuster.

This is the first insider’s description of what really happens in Russia today.

Described as “jaw-dropping” and “heart-in-your-throat page turner,” ‘Red Notice’ destroys every myth that Putin regime has created that it is any other than a mafia state.

“Browder’s business saga meshes well with the story of corruption and murder in Vladimir Putin’s Russia, making Red Notice an early candidate for any list of the year’s best books,” says Norman Pearlstine in Fortune.

“The cut and thrust, and the high stakes, make for a zesty tale… It’s a Hollywood ending, right down to the standing ovation given by more than 700 European members of Parliament after passing the legislation,” writes William Grimes in the New York Times.

“Bill Browder writes the way he talks—which is always a good strategy,” says Nick Cohen in Daily Beast.

“This was a terrific book. Part biography, history, and thriller it looks at the author’s career in the world of investment and finance,” says G.I Gurdjieff, one of Amazon’s top 500 reviewers in his 5-star review.

Among other comments on Amazon.com:

“I stayed up way too late reading this book…”

“If you only read one book this year, read Red Notice. You won’t regret it a bit.”

“It’s thrilling and it’s real.”

“Excellent.”

To learn more, visit the ‘Red Notice’ website: http://billbrowder.com

US Congress Introduces Ground-breaking Global Magnitsky Human Rights Bill To Fight Impunity All Over the World

2 February 2015 – Both chambers of the US Congress have introduced the Global Magnitsky Human Rights Accountability bill, a deterrent for kleptocrats and human rights abusers around the world. The new bill expands and globalizes the Magnitsky Act of 2012, which created targeted visa and financial sanctions on corrupt officials and human rights violators in Russia.

 

“This is a poignant legacy for Sergei Magnitsky, a man who gave his life for his ideals, to have his name on a piece of legislation which will fight impunity of human rights abusers and corrupt officials around the world,” said William Browder, leader of the global Magnitsky justice movement.

 

The Global Magnitsky Bill has been introduced in the House of Representatives by Chris Smith, Chairman of the U.S. Helsinki Commission   (http://www.csce.gov/), and Jim McGovern, Co-Chairman of the Tom Lantos Human Rights Commission (http://tlhrc.house.gov/),  and in the Senate by U.S. Senators John McCain and Ben Cardin, with co-sponsors U.S. Senators Dick Durbin (D-Ill.), Roger Wicker (R-Miss.), Jeanne Shaheen (D-NH), Marco Rubio (R-Fla.), Ed Markey (D-Mass.), Mark Kirk (R-Ill.) and Richard Blumenthal (D-Conn.) (http://www.cardin.senate.gov/newsroom/press/release/cardin-mccain-reintroduce-global-magnitsky-human-rights-accountability-act).

 

The House version of the Global Magnitsky Bill (H.R. 624) contains stronger language, in particular, directing rather than permitting the U.S. President to impose sanctions on kleptocrats and gross human rights violators. It also assigns the U.S. Comptroller General to examine and report on the implementation of the legislation. The House version of the Global Magnitsky Bill also requires the sanctions list to be published annually on 10 December, which marks the Human Rights Day in commemoration of the adoption by the United Nations of the Universal Declaration of Human Rights in 1948.

 

The previous Magnitsky Act of 2012 was a precedent setting piece of legislation requiring the U.S. government to confront impunity, and create consequences for those involved in human rights atrocities in Russia, including the torture and killing of Russian anti-corruption lawyer Sergei Magnitsky, and the $230 million corruption he had uncovered. The targeted sanctions included visa bans and asset freezing, as well as a mechanism through which the sanctioned individuals are publicly named, creating a real consequence for human rights abusers in Russia.

 

The Global Magnitsky Bill extends these tools to foreign government officials and their senior associates responsible for or complicit in ordering, controlling or directing “acts of significant corruption, …bribery, or transfer of the proceeds of corruption to foreign jurisdictions” and those who “materially assisted, sponsored, or provided financial, material, or technological support” for such activities.

 

The genesis of the 2012 Magnitsky Act and the extraordinary story of Sergei Magnitsky, whose name now lives in the U.S. law, are featured in the explosive new book by William Browder, “Red Notice,” which will be published on 3 February 2015.

 

U.S. Senator McCain said ahead of the book launch this week:

 

“In ‘Red Notice’, Bill Browder tells the harrowing and inspiring story of how his fight for justice in Russia made him an unlikely international human rights leader and Vladimir Putin’s number-one enemy.”

 

To learn more about ‘Red Notice,’ visit the book website: http://billbrowder.com

Russia Bans Bill Browder’s New Book “Red Notice”, a Searing Expose Featuring Putin’s Involvement in the Cover up of Sergei Magnitsky’s Murder

29 January 2015 – On February 3rd 2015, Bill Browder, CEO and founder of Hermitage Capital Management, launches an explosive book about Russia entitled “Red Notice: A true story of High Finance, Murder, and One Man’s Fight for Justice” (UK edition: “Red Notice, How I Became Putin’s Number One Enemy” published on 5th February.)

“Red Notice” describes Browder’s fight against corruption and impunity in Russia and is a devastating expose of how Putin and his regime will do anything to illegally acquire wealth, including torture and cover-up of murder.

“Anybody who previously thought that Putin is a normal leader or that Russia is a normal country will think otherwise after reading this book,” says Bill Browder.

“Red Notice” will be published in 14 countries, but has so far been blocked by all major Russian publishers.

Numerous Russian publishing houses, ranging from Eksmo to Alpina, have avoided involvement in this book, for apparent fear of reprisal from the Putin regime.

Members of Pussy Riot, a Russian punk group who have been jailed for an anti-Putin protest, described the Kremlin position on Browder in their endorsement of “Red Notice” by saying:

“Bill Browder has become one of the most sincerely hated men in the Kremlin over the years – and that is something to be incredibly proud of… This book shows the difference that one person can make when they refuse to back down, as told by a fellow soldier in the battle to hold Putin to account.”

A Russian version of “Red Notice” will be available in the Russian language and published outside of Russia.

“This marks the return of the days of Soviet “samizdat” when books critical of the Soviet government were banned. Many were published abroad, and then had to be secretly copied, circulated by hand and passed from reader to reader,” says Browder.

Some of the Soviet Union’s most acclaimed ‘samizdat’ authors were Varlam Shalamov and Aleksandr Solzhenitsyn, both former inmates of Stalin’s gulag, who drew global attention to Joseph Stalin’s forced labor camps, where millions of Soviet citizens were summarily interned and many ultimately died.

To learn more, visit the ‘Red Notice’ book website: http://billbrowder.com

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ICTJ: World Report

AFRICAIn Uganda, members of Parliament have joined civil society leaders in petitioning the government to formulate an official transitional justice policy to address human rights violations in the north. Soon after, Lord’s Resistance Army leader Dominic Ongwen surrendered to authorities earlier this month, and he has been transferred to the ICC. The ICC upheld its conviction of Thomas Lubanga, who had previously been sentenced to 14 years in prison for using child soldiers. Also, closing arguments were heard in the war crimes trial of former Congolese vice-president Jean-Pierre Bemba, the first of its kind at the ICC to focus on rape as a weapon of war. Meanwhile, reports indicate that unidentified rebels in the DRC are responsible for killing at least 184 civilians since October. In Rwanda, plans areunderway to digitize and make accessible the documents produced by the Gacaca Courts during the country’s transitional justice process. An international seminar in Mali in November drewrepresentatives of civil society, political parties, members of the security forces, human rights groups and more together to adopt a roadmap for the country’s truth, justice and reconciliation process.

Read More…

AMERICASIn Colombia, FARC announced an indefinite unilateral ceasefire. Since then, President Santos hasasked rebel group ELN to join the ceasefire and to formalize peace talks with the government. The Inter-American Court for Human Rights convicted the Colombian state for disappearing 11 people in the 1985 military retake of the Palace of Justice. In Guatemala, a former police chief was sentenced to 40 years in prison for his role in the 1980 deadly raid on the Spanish embassy. Meanwhile, the retrial on genocide charges of ex-military ruler General Efrain Rios Montt was suspended after it began because the court accepted defense appeals that one judge was not impartial. The Court of Appeals in Chile sentenced eleven former Pinochet agents for their roles in the forced disappearances of two Uruguayan citizens in 1973. In the United States, members of the Ferguson, Missouri community areorganizing a commission to analyze the social and economic conditions that led to the shooting of unarmed Michael Brown by police officer Darren Wilson.

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ASIAIn Nepal, major political parties continue to meet to expedite the formation of the Truth and Reconciliation Commission and Disappearance Commission. In December, the UN Human Rights Committee gave Nepal a 180-day deadline to report on their delay to bring justice to the victims of enforced disappearances. Meanwhile, political parties have proposed chairpersons for the two commissions, yet victims claim to have been excluded from the entire process. On January 12, the TRC-Recommendations Committee publicized the short list of candidates to both commissions. A total of 69 people have applied for the posts of chairperson or member of the commissions. However, the committee has not submitted a final list to the government. Writ petitions filed by the conflict victims challenging the TRC Act are still subjudice in the Supreme Court. In Myanmar peace talks between ethnic minority groups and the government were jeopardized by the killing of about 23 rebels by the military in November. The second trial of two ex-Khmer Rouge leaders in Cambodia, set to begin last July, was yet again postponed by boycotts from lawyers representing the defense. Meanwhile, 40 non-Cambodian NGOs have signed a letter to the ICC requesting an investigation into crimes against humanity—including the eviction of over 770,000 Cambodians—by the country’s ruling elite. Meanwhile, in the Philippines, the Moro Islamic Liberation Front is set to begin commissioning its arms this month as preparations for a transitional government are underway.

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EUROPEThe UN estimates that about 13 people are killed each day in eastern Ukraine since the a ceasefire was issued in September. A UN OHCHR report issued in December accused Kiev-controlled volunteer battalions and the Ukrainian Security Service of torture, enforced disappearances and inhumane treatment of civilians. The government of Ireland will ask the European Court of Human Rights to revisit its decision on the “hooded men”—14 men who say they were subjected to torture during their internment without trial in 1971. Also in Ireland, the Chief Constable of the PSNI, George Hamilton, announced the formation of the Legacy Investigations Unit to replace the Historical Enquiries Team in 2015. Meanwhile, a new murder investigation into the events surrounding BloodySunday will begin this month in Ireland. Police in Bosnia arrested ten Bosnian Serb wartime security officials on accusations of crimes against humanity. Bosnian Serb MP Vasic and two former police officials were charged with for their roles in the Srebrenica genocide in 1995.

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MENAIn December 2014, the families of the missing and forcibly disappeared in Lebanon handed over the official investigation report related to the persons who disappeared during the civil war in Lebanon, to the International Committee of the Red Cross. UN Secretary General Ban Ki-moon announced thatPalestine will join the ICC on April 1st. A new Human Rights Watch report has criticized Tunisia in its efforts to pursue accountability for unlawful killings during the recent uprising there. The UN Commission of Inquiry on Syria issued its first report on ISIL in November, stating that fighters are committing war crimes and crimes against humanity on a massive scale. Shortly thereafter chief prosecutor of the ICC announced that she was weighing bringing war crimes charges against ISIL. A new law in Egypt has been criticized that allows the military to assist the police in protecting vital facilities. Meanwhile, an Egyptian court dismissed charges against former President Hosni Mubarak, an interior minister and six aides over the killings of protestors following the 2011 uprising. Dozens of Egyptian Islamists have been sentenced to jail for up to 15 years for attacks around the country.

Read More…

 

Publications

Pursuing Accountability for Serious Crimes in Uganda’s Courts: Reflections on the Thomas Kwoyelo CaseThis paper describes proceedings in Uganda’s national courts against Thomas Kwoyelo, a former mid-level commander of the Lord’s Resistance Army, for war crimes and crimes against humanity. It analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and concludes with recommendations to enhance accountability in the country.

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Confronting the Legacy of Political Violence in Lebanon: An Agenda for ChangeThis document presents wide-ranging recommendations for political and social reforms in Lebanon developed by a consortium of Lebanese civil society actors, as part of an ICTJ project.

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