By Tyler Yates
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands — The International Criminal Court (ICC) issued arrest warrants today for Muammar Gaddafi, Saif al-Islam Gaddafi, and Abdullah al-Senussi for crimes against humanity that allegedly occurred across Libya from 15 February 2011 until at least 28 February 2011.

Specifically, the three are charged for the implementation of state policy to deter and quell, by any means, including by deadly force, demonstrations against the Gaddafi regime. Libyan Security Forces, under Gaddafi’s command, attacked, killed or injured as well as arrested and imprisoned hundreds of civilians and alleged dissidents throughout Libya during the time in question.

The ICC’s decision to issue the warrants comes after a unanimous adoption of Resolution 1970 by the United Nations Security Council on 26 February 2011.  The resolution, which referred the situation in Libya to the ICC Prosecutor, stressed the need to hold accountable those responsible for the brutal attacks against the Libyan citizens.  It decided “the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to the resolution.”  The Security Council also urged all States and concerned regional and international organizations to cooperate fully with the ICC.

The ICC Prosecutor undertook a preliminary investigation, and it was concluded on 3 March 2011 that the crimes committed in Libya fell within the ICC’s jurisdiction, and that further investigation into the matter was necessary.  On 16 May 2011 the ICC Prosecutor requested the issuance of the three warrants that were finally approved today by Pre-Trial Chamber I of the ICC.

The ICC issued the warrants because it believes there is sufficient evidence that the men did commit the crimes in question, and that their arrest is necessary to ensure their appearance before the court; to stop them from obstructing and endangering the Court’s investigations; and to prevent them from continuing to commit crimes within the ICC’s jurisdiction.

Rebels in Eastern Libya welcomed news of the warrants. Mustafa Abdel Jalil, head of the opposition’s Interim Transitional National Council, said the warrants will further their efforts to end Gaddafi’s more than 40-year rule.

The ICC has no police force of its own so it up to national authorities to make arrests on its behalf.  Resolution 1970 requires Libya to cooperate with the ICC and the opposition’s Interim Transitional National Council has promised as much to the ICC Prosecutor.

Human Rights Watch points out that the ICC’s work on bringing to justice those who commit crimes against humanity in Libya is distinct from any other military or diplomatic initiatives currently taking place, and that it would be a mistake to conflate them or identify the ICC as anything other than an independent body.

For more information, please see:

Human Rights Watch — Libya: Warrants Send Strong Message to Abusive Leaders — 27 June 2011

International Criminal Court — Pre-Trial Chamber I issues three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdulla Al-Senussi – 27 June 2011

New York Times — Hague Court Issues War Crimes Warrant for Qaddafi — 27 June 2011

Voice of America — Eastern Libyans Welcome ICC Charges Against Gaddafi — 27 June 2011

by Zach Waksman
Impunity Watch Reporter, Middle East

NEW YORK, New York, United States – Tunisia joined the International Criminal Court (ICC) on Friday, handing its instruments of accession to the Rome Statute, which governs the organization, to Ban-Ki-moon, Secretary-General of the United Nations.  Its accession makes the small African nation the 116th country, but the first from North Africa and only the fourth member of the League of Arab States, to do so.

The United Nations and the ICC were pleased with the decision to join the ICC, commending the government.  “This significant step is particularly important in light of the fundamental changes that have occurred in Tunisia this year,” Secretary-General Ban told the assembled press.

Due to government repression of protests regarding political freedom and unemployment, the population revolted against longtime President Zine al-Abidine Ben Ali.  In January this year, he fled the country as strikes and demonstrations, nicknamed the “Jasmine Revolution,” moved into the capital city of Tunis.  At the time, Errachad Majidi, a researcher for Paul Cézanne University, wondered whether the revolt’s success would create a domino effect in the Arab world.  In a January 26, 2011 editorial for Afrik.com, he considered Tunisia’s situation to be unique compared to the rest of the Arab world because it was one of the more literate countries in the region.  He believed this to be a potential reason for “the high level of political consciousness among the youth; the determined and peaceful nature of the revolt; and both its organization and decentralization, facilitated by the use of Internet social networks.”

“Tunisia’s accession to the Rome Statute is also a testament of the profound changes brought about by the ‘Arab Spring,’ which started in Tunisia,” said Ambassador Christian Wenaweser, President of the Assembly of States Parties to the Rome Statute in a statement to the press.  Within weeks of President Ben Ali’s overthrow, similar protests in Egypt met with equal success.  Several other protests of this nature have also taken place over the past few months.

Despite this apparent domino effect, Majidi remained skeptical.  “Finally, for a domino effect to work, the Tunisian revolt must lead to real political change: a change that is not guaranteed,” he wrote.  So far, that change appears to be happening, shortly after Ben Ali fled, the government, led by an organization of parties, associations, unions, and intellectuals, was changed into a more democratic assembly, with new elections scheduled for July 24.

Arab and Muslim states have generally not trusted the ICC, fearing that it is a political tool wielded by Western nations.  Tunisia’s accession may mark a small shift in that sentiment.  Reuters reported that Egypt, one of the countries who staged a successful revolution of its own, is also considering acceding to the Rome Statute and joining the ICC.

The Statute will have jurisdiction over Tunisia starting on September 1.

For more information, please see:

International Criminal Court — Tunisia becomes the 116th State to join the ICC’s governing treaty, the Rome Statute — 24 June 2011

International Criminal Court — Statement by H.E. Ambassador Christian Wenaweser, President of the Assembly of States Parties to the Rome Statute of the International Criminal Court — 24 June 2011

MSNBC — Tunisia joins international war crimes court — 24 June 2011

UN News Service — Tunisia becomes first North African nation to Join International Criminal Court — 24 June 2011

allAfrica.com — Africa: Tunisian Revolution Did Not Come Out of Nowhere — 26 May 2011

Afrik-news.com — A domino effect in the Arab world after Tunisia? — 26 January 2011

by Adom M. Cooper
Impunity Watch Reporter, Middle East

TRIPOLI, Libya–After a visit to the Nafusa Mountains, Human Rights Watch officials claim that the Libyan government forces have placed more than 150 antipersonnel landmines in at least one location. Nafusa Mountains, which lie to the south of Tripoli, have been the site of rebel advances against the government’s troops.

Human Rights Watch reported on six total locations in Libya where regime forces had lain five different types of landmines. Steve Goose, arms director for the advocacy group, shared these sentiments concerning the landmines:

“These antipersonnel landmines pose a huge threat to civilians. More than 150 countries have banned landmines, but Libya continues to defy this global trend. We hope the rebels will respect their promise not to use landmines and will destroy all mines in their possession. The use of antipersonnel mines in the Libya conflict is endangering civilians and will continue to do so after the fighting has stopped.”

The type of landmines found in the Nafusa Mountains are a Brazilian-manufactured antipersonnel mine, known as the T-AB-1. These mines were placed about 10 miles north of the town of Zintan in a location called Khusha, apparently to defend government positions resting further north. The T-AB-1 has a low metal content and is very difficult to detect once placed, especially by civilians who may just be passing through the mountains.

When the Libyan government placed these landmines has yet to be confirmed. Rebels discovered the mines around 1 June 2011 and removed 169 of them, with Human Rights Watch inspecting the disassembled mines.

Civilians in the Nafusa Mountains have reported that they have been driven from their homes, their livestock killed, and their wells poisoned by the regime. Unfortunately, civilians have not just been feeling the heat from the Qadhafi regime. On 18 June 2011, NATO mistakenly destroyed a house in the Libyan capital, killing several residents, and acknowledged responsibility for the deaths. This marked this first time that NATO has admitted to causing multiple civilian casualties.

Italy’s foreign minister, Franco Frattini, expressed these thoughts about the NATO strike that took Libyan civilian lives.

“NATO is endangering its credibility; we cannot risk killing civilians. We cannot continue our shortcomings in the way we communicate with the public, which does not keep up with the daily propaganda of Qadhafi.”

It is blatantly evident that the ongoing conflict in Libya is costing its civilians their homes, access to basic resources, and even their lives. While NATO attempts to get control of the situation through its bombings, the civilians of Libya seem to be the only ones paying the price. It is a classic case of escalation: Qadhafi attacks his own population; NATO bombs to get Qadhafi’s attention; Qadhafi regime places landmines.

But those primarily affected have absolutely nothing to do with the escalating. They are simply trying to live their lives in peace.

For more information, please see:

The Guardian-Libya: Gaddafi regime accused of laying landmines-21 June 2011

Human Rights Watch-Libya: Government Using Landmines in Nafusa Mountains-21 June 2011

News24-Army laying mines near Tripoli-21 June 2011

Al-Jazeera-Libyan civilian deaths ‘sap NATO credibility’-20 June 2011

New York Times-NATO Admits Missile Hit a Civilian Home in Tripoli-19 June 2011

By Tyler Yates
Impunity Watch Reporter, Middle East

DUBAI, United Arab Emirates — For over two months the United Arab Emirates (UAE) have been holding five political activists in “preventative custody” without trial or official charges.

On June 14 a closed-door trial was finally begun in the Abu Dhabi Supreme Court for charges of undermining the public order and endangering national security.  There was virtually no pronouncement in the local press.   The trial is scheduled to resume in July.

The accused include Ahmad Mansoor, a well-known political blogger who runs the online forum Al-Hiwar al-Emarati,  Nasser bin Ghaith, a financial analyst, writer, and economics lecturer, as well as activists Fahid Salim Dalk, Hassan Ali Khamis, and Ahmed Abdul Khaleq.  They have all been detained without bail since April.

The main commonality between the five men is that they are all signers of a petition that circulated in March, calling for constitutional and parliamentary changes.

The petition contains two main propositions – to expand the right to vote in the Federal National Council (FNC) and to create within the FNC a right to legislate.

In the last election only 7,000 of the confederation’s 800,000 people were allowed to vote.  In the upcoming election this number is expected to grow to around 80,000, but that is still only ten percent of the population.  Currently, the power of the FNC is restricted to advising the UAE hereditary rulers.

The UAE is a confederation of seven Middle Eastern states, each ruled by an emir.  It is best known internationally for its skylines and its economic and cultural ambitions.  It is home to the world’s largest skyscraper, and many famous universities.

None of the emirates is ruled democratically, and the UAE has been ranked, by human rights watchdog agency Freedom House, among the world’s “not free” countries.   Freedom House’s 2011 report notes, among other things, that the UAE have banned political parties, that public meetings can only be held with governmental permission, and that journalists routinely censor their stories.  Such actions have led organizations like Human Rights Watch to question UAE citizen’s abilities to peacefully dissent.

Unlike most Middle Eastern countries the UAE have avoided much of the activism and opposition incited by the Arab Spring.  The countries are prosperous and well run, with most of the population remaining loyal to their traditional leaders.

Examples of instability in the Middle East brought on by the Arab Spring revolutions have proved ample reason for tighter crackdowns on subversive activity.  The UAE is attempting to stop the problem before it starts.  It is sending the message to any activists operating within its borders that anti-government actions will not be tolerated.

For more information, please see:

The Jerusalem Post – In Arab Spring chill, UAE tries bloggers – 20 June 2011

Agence France-Presse – Blogger tried for criticizing UAE government – 15 June 2011

Agence France-Presse – UAE urged to release 5 activists on trial – 15 June 2011

Committee to Protect Journalists – Beyond the Amina hoax: Real cases in the Middle East – 15 June 2011

Committee to Protect Journalists – UAE intent on punishing online dissent – 14 June 2011

by Zach Waksman
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – On Friday, between 30 and 40 women in Saudi Arabia took to the streets of the kingdom’s major cities as drivers in protest against a long-standing prohibition against women drivers, the only one of its kind in the world.  No arrests were made, though some women received threats of beatings or damage to their cars.  This was the first time such an action had taken place since November 1990, when 47 women drove around Riyadh.

The issue of permitting women to drive is a controversial one that cuts across all strata of Saudi society.  It returned to prominence following the late May arrest of Manal al-Sharif, who was also jailed for nine days, force to sign a pledge not to drive again, and banned from talking to the media as punishment for the infraction.  Prior to her arrest, she had posted footage of herself driving on YouTube and started a Facebook page calling for the protest.  The campaign, titled “Women2Drive,” calls for continued action “until a royal decree allowing women to drive is issued.”

But the possibility of obtaining that decree is unclear.  The issue is considered a religious one, with no written law in place.  Clerics claim the ban prevents vice by preventing public socialization between the sexes.  According to Dr. Mishal al-Ali, Director of the Saudi Arabian Shura Council’s Commission for Human Rights, no legal or religious impediment exists.  Wajeha al-Huwaider, a noted Saudi feminist who filmed Sharif’s video, agreed with Dr. al-Ali.  “Driving is a basic simple right,” she said.  “Denying it is hurting the image of the country.  Even if the ban has nothing to do with religion, it is also hurting the image of Islam.”

Because they cannot drive, women must instead hire drivers to take them where they need to go or rely on a male chaperone, which would make the clerics’ claim hypocritical.  Additionally, a driver costs approximately $600 per month plus expenses for their coming to and remaining in Saudi Arabia.  Such a price is as significant drain on monthly wages.

Despite this situation, the future seems bright for this small, but shocking protest.  Prince Talal bin Abdul-Aziz al-Saud, a more liberal member of the royal family, supported the protest.  “Bravo to the women!  Why should women drive in the countryside and not in the cities?” Waleed Abu Alkhair’s wife was one of the women who drove in the protest.  He supported the cause, saying “We want women to keep fighting this fight and to be free.  It will help to liberate the entire society.”  The cause was also closely followed on Women2Drive’s Facebook and Twitter pages. The Twitter page was at one point trending at a rate of 100 tweets per minute.

But for now, the situation remains unchanged.  King Abdullah has promised reform, but he has been reluctant to act due to the political consequences he will likely face for doing so.

For more information, please see:

Al-Jazeera — Saudi women defy ban to take driver’s seat — 17 June 2011

Arab News — Saudi women drive home a point, again — 17 June 2011

The Guardian — Saudi Arabia women test driving ban — 17 June 2011

New York Times — In a scattered protest, Saudi women take the wheel — 17 June 2011

Dar Al Hayat — A renewed file and a partially opened door — 6 June 2011

Asharq Alawsat — Saudi Arabia: Arrest of female driver sparks debate — 24 May 2011