By Nykoel Dinardo
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – Iraqi Prime Minister Nouri Al-Maliki vowed, in a statement on October 9, that the perpetrators of the bomb attack that killed Parliament Member Saleh al-Ogaili would be brought to justice.  Al-Ogaili was killed Thursday in a bombing that also killed two of Al-Ogaili’s bodyguards and injured three others.

Iraqi police state that the bomb that killed Al-Ogaili was attached to a motorcycle and went off when the MP’s motorcade drove past.  Al-Ogaili died in the hospital soon after the attack due to severe head wounds.  He was buried on October 10 in the city of Al-Najaf.  The MP is known for being radically anti-American, and a member of the Sadrist party.   Following his assassination, several anti-American protests have been held.

It has also drawn a response from both the Iraqi and the American governments.   The US military has denied any involvement in the attack.  The commander of US forces in Iraq, General Raymond Odierno, , and US ambassador in Baghdad, Ryan Crocker, have both condemned the attack.

The Iraqi government has taken a very strong stance in response to this attack.  Prime Minister Al-Maliki traveled to Al-Najaf where he made a public statement vowing to find those involved in this attack.   Al-Maliki said in his statement that the government “reaffirm[s their] determination to get at the hotbeds of terrorism and crime, and arrest and prosecute the killers and bring them to justice.”

Iraqi president Jalal Talabani also made a statement on October 10, condemning those responsible and calling on the people of Iraq to come together against such crimes.  He declared,”All Iraqis, including its political powers, are called on to be unified to ward off all the attempts of planting fight and alienation among Iraqis’ components.”  He also called Al-Ogaili a martyr, and said that those who committed the crime are enemies of the Iraqis.  

For more information, please see:

The Australian – Bomb Kills Anti-US politician Saleh Al-Ogayly In Iraq – 11 October 2008

AFP – Anger Against US Mount As Iraq Shiites Bury Slain MP – 10 October 2008

Xinhua – Iraqi President Condemns Assassination of Shiite Lawmaker – 10 October 2008

BBC – Iraqi MP Killed By Roadside Bomb – 9 October 2008

BBC – Iraq PM Vows to Find MP’s Killers – 9 October 2008

The New York Times – Roadside Bomb in Baghdad Kills Shiite Legislator – 9 October 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

(Reuters)

ACRE, Israel – In the evening of October 8, clashes between Jewish Israelis and Israeli Arabs broke out in the port city of Acre (Akko) in northern Israel.  The riots began when a group of Jewish youths attacked an Israeli Arab for driving his car on Yom Kippur.  According to police, there was provocation as the motorist, Taufik Jamal, intentionally drove his car through a Jewish neighborhood on Yom Kippur and had the radio turned up.  Yom Kippur is the most holy day of the Jewish calendar, during which it is considered offensive to drive in much of Israel.

However, according to Jamal he was picking his daughter up from a relative’s house.  Even though it was Yom Kippur and driving is generally banned, he drove to get his daughter since it was late.  According to Jamal he drove slowly and had the radio off.  When he arrived at the his relative’s house, a group of Jewish youths began throwing stones at his 18 year old son and his son’s friend; hitting them in the face and chest.

Jamal states that he called the police, who attempted to sneak the three men out of the neighborhood.  When they were spotted by the youths, Jamal, his son, his son’s friend, and the police officers were forced to flee.  Jamal told Yedioth News, “Only now do I understand that they wanted to lynch us like the terrorists lynched the Jewish soldiers in Ramallah.”

“Rumors then spread out, namely from mosques, claiming that the motorist had been killed, prompting several hundred Arabs to take to the streets,” Mickey Rosenfeld, a police spokesman, said.  Violence escalated as Jewish Israelis and Israeli Arabs clashed in the streets, throwing rocks and chanting slogans at each other.  Witnesses and police report that several hundred people were involved in the riots and that nearly 100 cars have been damaged and 30 stores vandalized.

Violence and high tensions in Acre continued into October 9 and October 10.  500 extra police officers were deployed to assist the 200-strong local force, and maintain peace in the city.  Police set up road blocks to separate the two groups.  The police have also used tear gas, stun grenades, and water cannons to disperse crowds.  Rosenfeld reports that 12 people have been detained and two protesters and one police officer were lightly injured.

Police are not only on high alert in Acre but also in other mixed areas where Jewish Israelis and Israeli Arabs live together, especially in the Old City in Jerusalem.  Acre has a high population of Israeli Arabs with one third of its 50,000 residents being Israeli Arabs.  Around 20 percent of Israel’s population are Arabs, most are descendants of Arabs who stayed in Israel after the creation of the Jewish state in 1948.  While they have full rights as citizens, Israeli Arabs (who also call themselves Israeli Palestinians) often complain of discrimination.

Avi Dichter, the Public Security Minister, said that he would ensure the instigators of the riots were arrested and blamed MPs on both sides for making inflammatory comments, with leaders from both communities accusing the other of carrying out a pogrom.  In addition, Israel  Police Commissioner Dudi Cohen called on public figures and local leaders not to fan the flames of violence.

For more information, please see:

AFP – Israeli Town Hit by Third Day of Jewish-Arab Clashes – 10 October 2008

Al Jazeera – Israeli on Alert After Acre Clashes – 10 October 2008

BBC – Israeli City ‘Calm’ After Riots – 10 October 2008

Jerusalem Post – Acre Clashes Briefly Renewed as Jews Enter Eastern Quarter – 10 October 2008

Times – Yom Kippur Riots Erupt in Acre After Arab Drives Car Through Jewish Area – 10 October 2008

Yedioth News – Akko Riots: Police Ordered on Heightened Alert – 10 October 2008

Associated Press – Clashes Erupt in Mixed Arab-Jewish City in Israel – 9 October 2008

Reuters – Jews and Arabs Clash in Northern Israeli City – 9 October 2008

Yedioth News – Arab Motorist: I Narrowly Escaped Lynch in Akko – 9 October 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

THE HAGUE, Netherlands – Authorities in the Netherlands failed to arrest the Minister-without-Portfolio, Ami Ayalon, while he was visiting the Netherlands in May. Khalid al-Shami, a Palestinian man, submitted an application to the Dutch authorities for his arrest. Khalid al-Shami alleges he was tortured from 1999 to 2000 while he was held for 50 days in an Israeli jail. During the alleged torture, Ami Ayalon was the director of the Shin Bet (the Israeli General Security Services – GSS), which investigates individuals suspected of committing crimes against Israel’s security.

Al-Shami was arrested by Israeli soldiers and taken to Ashkelon prison on December 31, 1999. He was interrogated for 20 days, in time blocks between 20 to 40 hours. Al-Shami was alone in a two by two meter cell for two to three hours between each interrogation session. He further alleges being subjected to low temperatures and tied to a small chair by his hands and feet for lengthy periods of time.

After 20 days, Al-Shami appeared before a military court without any legal representation. The court extended his arrest by 30 days. During this additional confinement, Al-Shami claims he was forced to make a written confession. Al-Shami has incurred serious life-long injuries from the torture.

Al-Shami is seeking justice abroad since the Israeli authorities have failed to act on his allegations, even though torture is routinely sanctioned in Israel. For years the Israeli judicial system has failed to pursue Ayalon. The Palestinian Centre for Human Rights (PCHR) with London-based Hickman and Rose Solicitors has collected files of evidence for victims like Al-Shami. PCHR has provided Al-Shami’s lawyers with his evidence file.

Under Article 6 and Article 7 of the United Nations Convention Against Torture any State Party whom a person alleges to have committed torture should be arrested and prosecuted (or extradited for trial elsewhere). In May the BFKW law firm filed a torture complaint with the Dutch prosecution authorities on behalf of Al-Shami.

Dutch authorities had a duty and ample opportunity to arrest Ayalon and establish jurisdiction. Dutch authorities failed to arrest Ayalon even though they established a prima facie case against him and discovered he was not immune from prosecution. Furthermore, the initial torture complaint was marked as urgent. The College of Procurators-General did not decide Ayalon lacked immunity until May 21. Ayalon left the Netherlands on May 20 and as a result, it was too late to arrest him.

The failure to arrest Ayalon will be the subject of a legal challenge in the Court of Appeal. On October 6, Al-Shami applied to the Court of Appeal in The Hague. Through an extradition request or an international arrest warrant, the order requires the Prosecutor to start a criminal investigation into Ayalon.

For more information, please see:

Adnkronos International – Netherlands: Rights Group Demands Arrest of Israeli on Torture Claims – 7 October 2008

Electronic Intifada – Palestinian Torture Victim Seeks Justice in the Netherlands– 7 October 2008

Jerusalem Post – Dutch Lawyers Seek Arrest of Minister Ami Ayalon – 7 October 2008

Ma’an News Agency – Holland Says Israeli Minister Ami Ayalon Persona Non Grata – 7 October 2008

Sumound – Dutch Lawyers Seek Ex-Israeli Spy Chief’s Arrest for Torture – 7 October 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – The Coalition for the International Criminal Court, CICC, has named Kuwait as its target country for October 2008.  CICC is urging Kuwait to ratify the Rome Statute of the International Criminal Court (ICC), the treaty which created the first international court capable of trying individuals for crimes such as genocide and crimes against humanity.  In a letter to Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah of Kuwait on October 1, CICC asked that ratification is made a priority.

According to the CICC, Kuwait has a growing number of human rights organizations; ratifying the Rome Statute would solidify Kuwait’s dedication to international justice.  There are currently over 300 active Coalition member organizations throughout the Gulf region.

There is also a movement within Kuwait.  The Kuwaiti Coalition for the International Criminal Court has made a draft ratification proposal to submit to the Kuwaiti legislature.  Last year, the Kuwait Bar Association (KBA) hosted a meeting about the ICC and the Gulf States.   At the meeting, members of the International Criminal Bar came to give lectures and encourage members of the KBA to become more involved.

Currently, 108 countries have ratified the Rome Statute.  However, in the CICC’s Middle East and North Africa Region (MENA), there are only 3 member states, Jordan, Djibouti, and the Comoros Islands.  Eleven MENA countries have signed the treaty and the CICC hopes to encourage each of these countries to become full ratifying members.

In a statement to the KBA, Hussain Al-Hereti, the Secretary of the National Assembly, encouraged Kuwait to become a member of the ICC.  However, he explained that at least one Kuwaiti parliament member is worried that ratifying will open Kuwaiti Amir to trial in the ICC.  Al-Hereti said that this should not be a concern as the Amir will never commit a war crime so would not be tried.

For more information, please see:

Kuwait Times – Kuwait Urged to Ratify ICC Treaty – 9 October 2008

Coalition for the International Criminal Court – Global Coalition Urges Kuwait to Ratify ICC Treaty – 12 November 2007

Kuwait Times – Lawyers Urge Kuwait to Become ICC Member – 26 March 2007

Coalition for the International Criminal Court –  Issues and Campaigns: Kuwait

Coalition for the International Criminal Court – List of Ratifying Parties

SANA’A, Yemen – Yemeni President Ali Abdullah Saleh announced on October 6, a series of arrests made to “dismantle a terrorist cell” that is linked to Israeli Intelligence.  Saleh stated that the group “operated under the ‘slogan of Islam’.”  However, he gave no details on the arrests or on the allegation that the group is linked to Israel. Saleh indicated that information supporting the allegations would be released when those arrested are tried.  He stated, “Details of the trial will be announced later. You will hear about what goes on in the proceedings.”

Israel has responded to the arrests by stating that Yemen’s allegations have no foundation.  Igal Palmor, a spokeman for Israel’s foreign ministry, stated that the accusation was “totally ridiculous.”  In an interview with AFP, he said that, “To believe that Israel would create Islamist cells in Yemen is really far-fetched. This is yet another victory for the proponents of conspiracy theories.”

Saleh stated that the arrests took place on October 1, but sources in the government indicate that the group that the President was referring to is the six-member group known as Islamic Jihad arrested in September.  Islamic Jihad is associated with al-Qaeda and claimed the attack on the U.S. Embassy in Yemen last month.  A total of 50 people have been arrested in connection with the Embassy attack so far.

BBC – Yemen Seizes “Israel-linked” Cell – 7 October 2008

TVNZ – Yemen Arrests “Israel” Militants – 7 October 2008

AFP – Yemen says “Israel-linked” Terror Cell Dismantled – 6 October 2008

Jerusalem Post – Yemen Nabs “Israel-linked” Terror Cell – 6 October 2008