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The New York Times: War-Crimes Prosecutor, Frustrated at U.N. Inaction, Quits Panel on Syria

 

By SOMINI SENGUPTA

BEIRUT, Lebanon — For six years, an independent United Nations-appointed panel has documented a litany of war atrocities in Syria that have grown increasingly brazen: torture of prisoners, attacks on hospitals, sexual slavery.

On Sunday, the panel confirmed that one of its three members — Carla del Ponte, a Swiss prosecutor — had resigned.

Speaking by phone from Ticino, Switzerland, late Sunday, Ms. del Ponte said she had hoped the Security Council would either refer the case in Syria to the International Criminal Court or set up a special tribunal. “I was expecting to persuade the Security Council to do something for justice,” she said. “Nothing happened for seven years. Now I resigned.”

Ms. del Ponte said she hoped her resignation would nudge the world body to act. “We are going nowhere,” she said.

 The panel’s two remaining members, Paulo Pinheiro of Brazil and Karen Koning AbuZayd of the United States, confirmed Ms. del Ponte’s resignation in a statement, and said they felt compelled to continue.
 “It is our obligation to persist in its work on behalf of the countless number of Syrian victims of the worst human rights violations and international crimes known to humanity,” the statement said. “Such efforts are needed now more than ever.”

The Independent International Commission of Inquiry on the Syrian Arab Republic, as the panel is officially known, has produced a stack of reports that chronicle evidence of war crimes and crimes against humanity. It also has compiled names of perpetrators of the most serious crimes, which the panel once threatened to reveal. Its reports are an object lesson in how blatantly the laws of war have been broken, with no near-term prospects of accountability. The panel, at one point, called the Syria conflict “a proxy war steered from abroad.”

Only the Security Council has the authority to refer the conflict to the International Criminal Court. That is unlikely, as Russia, a permanent veto-wielding member of the Security Council, backs the government of President Bashar al-Assad and has directly intervened in the war. So too has the United States, in what it says is an attempt to rout the Islamic State from its strongholds along the Euphrates River.

The General Assembly, responding to the sense of inaction, established late last year a highly unusual office within the United Nations system to compile evidence of war crimes for prosecution in the future.

The commission was appointed by the United Nations Human Rights Council, a Geneva-based body made up of 45 countries that Nikki R. Haley, the Trump administration’s envoy to the United Nations, has repeatedly criticized.

In June, the commission said that hundreds of civilians had been killed by United States-led airstrikes in and around Raqqa, the Islamic State’s de facto capital in Syria. In 2016, it chronicled how government forces had detained and torturedpeople in Syrian prisons. That same year, the commission found that the Islamic State had sold and enslaved minority Yazidi women.

Ms. del Ponte is no stranger to the frustrations of seeking justice for the gravest crimes. She served as a prosecutor in the war crimes court for the former Yugoslavia as well as the special tribunal for Rwanda. She wrote bitterly about how political imperatives obstruct the greater demands for justice.

Syrian Network for Human Rights: Euro-Med and Syrian Network Urge PA To Investigate Al-Safadi’s Execution

Al-Safadi’s Execution

The Syrian Network for Human Rights (SN4HR) and the Euro-Mediterranean Human Rights Monitor sent a letter to the Palestinian Authority President Mahmoud Abbas today, August 5,2017, demanding an immediate investigation into the execution of Palestinian engineer Bassil Kharbatil Al-Safadi, and hundreds of other Palestinians in Syria.

Since the beginning of the 2011 crisis in Syria, Palestinian refugees have faced serious violations that have escalated over time

Under the umbrella of Palestine’s International Criminal Court membership, the PA could investigate and question the Syrian authorities’ actions against the Palestinians of Syria over the past five years.

Since the beginning of the 2011 crisis in Syria, Palestinian refugees have faced serious violations that have escalated over time. “Targeting Palestinians as a separate group has become a goal in itself,” stated a spokesperson for the two London and Geneva-based human rights organizations.

In this context, crimes such the large-scale deliberate killing and targeting of Palestinian civilian neighborhoods and camps, using explosive barrels, arbitrary arrests and torture, which was documented by the two groups, fall within the category of crimes against humanity or war crimes.

The two organizations demanded that the results of the investigation to be submitted to the local Palestinian courts to prosecute those responsible for committing such crimes and to ensure justice and to prevent impunity.

Syria Deeply: Tillerson talks Syria, an update on the de-escalation zones and evacuations from Arsal

Syria Deeply
Aug. 4th, 2017
This Week in Syria.
 
Welcome to our weekly summary of Syria Deeply’s top coverage of crisis in Syria.

For Syria Deeply’s ongoing feature, Expert Views, we’re gathering fresh insight and commentary from our expert community. This week, we’ll focus on unpacking how Secretary of State Rex Tillerson’s recent remarks about working with Russia to a create “unified Syria” may or may not contradict Moscow’s de-escalation zone proposal. We invite you to share your insights 
here.

U.S. remarks on Syria, Russia: U.S. Secretary of State Rex Tillerson addressed Washington’s willingness to work with Russia on Syria-related issues that extend beyond the battle against the so-called Islamic State group, in a press briefing on Tuesday.

Tillerson acknowledged one major point of contention between the two states: their opposing views on President Bashar al-Assad, adding that from the U.S. perspective, “the Assad regime has no role in the future governing of Syria.”

However, Washington is “working with Russia [to] achieve the end state, which is a unified Syria … that has the opportunity for the Syrian people to put in place a new constitution, have free and fair elections, and select a new leadership.”

“If we think about Syria post the defeat of ISIS, what we are hoping to avoid is an outbreak of the civil war, because we really, as you know, have two conflicts underway in Syria: the war against ISIS, the civil war that created the conditions for ISIS to emerge,” Tillerson said. “We’re working closely with Russia and other parties to see if we can agree a path forward on how to stabilize Syria in the post-ISIS world.”

It is unclear what Tillerson meant by “hoping to avoid … an outbreak of civil war.” The conflict in Syria was already considered a civil war years ago, but now that is has drawn in hundreds of thousands of foreign fighters and the interests of various governments, it is largely believed to have outgrown that label.

De-escalation zone update: There is still no concrete plan to implement Russia’s de-escalation zone proposal in Syria, yet there have been developments on the ground.

Russia said it established the third of four proposed de-escalation zones, which covers three rebel-held towns and dozens of villages north of Homs city. Moscow also announced a cease-fire in 84 settlements populated by more than 147,000 people, defense ministry spokesman Igor Konashenkov said.

Both pro-government and rebel forces reportedly violated the cease-fire a number of times within 10 hours of it coming into effect, according to the Syrian Observatory for Human Rights (SOHR). Despite the violations, Russian military police reportedly deployed to the area the following day, according to the Associated Press.

A similar series of events took place last week in the Eastern Ghouta region of the Damascus suburbs, also a proposed de-escalation zone. A cease-fire collapsed within 24 hours, and Russia deployed military police in the area. Fighting has continued in area this week: At least 25 civilians have been killed in the 12 days since a cease-fire went into effect, according to SOHR.

Arsal evacuations: Roughly 7,000 Syrian refugees and al-Qaida-linked fighters were bused out of Lebanon into Syria, in the last phase of an exchange deal between militants and the Lebanese Hezbollah group. At least 1,000 among those transferred are militants, according to Reuters.

The agreement grants safe passage to refugees and remaining al-Qaida-linked fighters to Idlib province and the Qalamoun region, leaving control of this corner of the border to Hezbollah, the Lebanese army and the Syrian government.

In exchange, the al-Qaida-linked Hayat Tahrir al-Sham (HTS) alliance released eight Hezbollah fighters they held captive.

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Violations Documentation Center in Syria: Dear friend, The Syrian Government executed Bassel

The execution of the activist and programmer, Bassel Khartabil
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The execution of the activist and programmer, Bassel Khartabil

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Syria Justice and Accountability Centre: Responding to Misconceptions Regarding the IIIM

SJAC Update | August 2, 2017
Responding to Misconceptions Regarding the IIIM
 
The following article was written through the cooperation of three non-governmental organizations: Syria Justice and Accountability Centre, Syrians for Truth and Justice, and the Violations Documentation Center in Syria. Its content reflects the joint views of these entities.
 The International, Impartial and Independent Mechanism (IIIM) to Assist in the Investigation and Prosecution of Those Responsible for the Most Serious Crimes in Syria was established by UN General Assembly resolution in December 2016. On July 3, United Nations Secretary-General Antonio Guterres appointed Catherine Marchi-Uhel as Head of IIIM. Marchi-Uhel is a former French judge with broad international experience trying and adjudicating war crimes. During her 27-year career, Marchi-Uhel has provided legal support to the International Criminal Tribunal for the Former Yugoslavia, the UN Mission in Liberia, and the UN Interim Administration Mission in Kosovo. She has also adjudicated for the Extraordinary Chambers in the Courts of Cambodia and currently serves as Ombudsperson to the UN Security Council’s 1267 Committee – reviewing requests for delisting from the Committee’s Sanction List. Her appointment signals the beginning of IIIM’s substantive work.
Since IIIM’s inception, Syrian civil society has worked to support the Mechanism and to clarify its aims and means. In February, several Syrian NGOs sent a letter to the General Assembly noting questions and recommendations that would help the IIIM understand Syrians’ priorities and increase local buy-in. In May, a meeting between the IIIM start-up team and a wide range of Syria civil society organizations was held in Lausanne, Switzerland. The meeting provided an excellent platform to exchange views, provide recommendations, and establish a common understanding between both sides.
Despite these positive steps, some Syrian people, activists, and civil society groups still have questions regarding the IIIM’s purpose and potential for advancing accountability in Syria.
In June, the Office of the High Commissioner of Human Rights’ (OHCHR) hosted a human rights reference group meeting in Turkey with Syrian NGOs to discuss the latest in human rights developments – including the IIIM’s progress. The meeting led to a greater understanding of the IIIM’s mandate. Since the meeting was not open to the public, we have identified five of the most prominent concerns voiced by Syrians and clarified them below for wider public understanding.
READ MORE
The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.
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