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

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

SAMUA, West Bank – Major General Gadi Shamni, the Israeli military commander in the occupied West Bank, said settler violence against Palestinians and Israeli soldiers was on the rise.  On October 2, Shamni gave an interview with Ha’aretz, an Israeli newspaper, where he criticized the increase of violence by Israeli settlers in West Bank.

“There has been a rise in Jewish violence in Judea and Samaria. In the past, only a few dozen individuals took part in such activity, but today that number has grown into the hundreds. That’s a very significant change. These hundreds are engaged in conspiratorial actions against Palestinians and the security forces. It’s a very grave phenomenon,” said Shamni.  He added that the radical behavior among right-wing extremists has grown in light of “the backing of part of the leadership, both rabbinical and public, whether in explicit statements or tacitly.”

A recent UN report recorded 222 acts of settler violence in the first half of 2008 compared with 291 in all of 2007.  Such acts include a September 13 attack by a large group of settlers in the village of Asira al-Qibliya.  During the attack settler hurled stones, firedshots and vandalized property.  Three Palestinians were said to be shot and wounded.  Settlers said that the act was in response to an earlier stabbing of an Israeli boy by a Palestinian.

Also in September, an attempt by soldiers to confiscate construction material at an unauthorized outpost ended in a violent confrontation.   One Israeli army officer suffered a broken hand.  A second was bitten by a dog handled by a settler.  Also, in Hebron, an officer was attacked after trying to prevent Jewish children from hurling stones at Palestinians.

In addition, left-wing Israelis have become targets.  On September 25, Ze’ev Sternhell, an outspoken critic of Israeli settlements in the West Bank, was injured when a pipe bomb exploded outside his front door.  In the investigation following the attack, police found a leaflet offering a one million shekel reward to anyone who kills a member of Peace Now, an Israeli anti-settlement organization.

Sarit Michaeli, a spokesman for B’Tselem, said the recent attention to settler violence is the result of the fact that Israeli security forces are becoming targets of attacks.  “The problem traditionally has been that the army often washes its hands of law enforcement with the settlers, or even assists them. We hear commanders say that it is their job to fight Palestinian terror, not to deal with settler violence. That understanding of their responsibilities contradicts international law. As an occupying force, they must protect the safety and welfare of the Palestinian population.”

In response to the increase in settler violence, Israeli Defense Minister Ehud Barak has urged tougher penalties for settlers who attack Palestinian property.  However, the vast majority of attacks on Palestinians go unreported.  In addition, human rights group Yesh Din stated that less than one in 10 reported attacks on Palestinians leads to an indictment and most reported attacks end in acquittals.

In related news, prominent settler leader, Daniela Weiss, was detained on October 2 for attacking police officers near the settlement of Kedumim, of which she is local council head.  The confrontation followed an evacuation of Shvut Ami, an illegal West Bank outpost, by a combined force of police and the Israel Defense Forces.  According to witnesses, shortly after the outpost was evacuated, activists came to the area and confronted the police.  During the clashes, a Palestinian-owned olive grove was set on fire.

For more information, please see:

Chicago Tribune – West Bank on Edge as Young Radicals Settle In – 4 October 2008

The Electronic Intifada – Israel’s Army and Settlers Fall Out – 3 October 2008

Telegraph – Jewish Terrorism Threatens Israel – 3 October 2008

AFP – Israeli Commander Says Settler Violence Rising – 2 October 2008

Ha’aretz – IDF West Bank Commander: Rightist Violence Encouraged by Settler Leaders – 2 October 2008

Ha’aretz – Settler Leader Detained After Clashing with Police During Outpost Evacuation – 2 October 2008

Ma’an News Agency – Israel: Settler Attacks on Palestinians, Israeli Soldiers Increasing – 2 October 2008

By Lauren Mellinger
Impunity Watch Reporter, Middle East

ISTANBUL, Turkey – On October 5, Turkey launched air strikes against Kurdish rebel bases in northern Iraq.  The air strikes were in response to a PKK cross-border ambush on October 3, marking the deadliest PKK strike against the Turkish military this year.

On October 3, members of the PKK raided an army outpost in southeast Turkey along the Iraqi border.  The ensuing fighting resulted in the death of 17 Turkish soldiers, with 20 wounded.

During the October 5 air strikes, launched in retaliation to the recent PKK attack, Turkish fighter jets fired artillery at two rebel groups in the Avasin Basyan region in northern Iraq.  Later that day, Turkish planes fired on PKK hideouts in the Buzul mountains in southeast Turkey, near the location of the PKK’s attack on October 3.  At press time the parties had not released the number of PKK casualties.

The October 3 ambush against Turkish troops came just two days before the Turkish parliament was to vote to extend the governments mandate for cross-border military strikes in northern Iraq.  Under the current mandate authorized one year ago, the Turkish military carried out several air strikes and ground attacks against PKK bases, resulting in the deaths of scores of PKK members.  The current mandate is set to expire on October 17.

While attending a funeral for one of the soldiers killed in Friday’s PKK attack, Turkish Prime Minister Recep Tayyip Erdogan stated “There are measures to be taken against the (PKK) hideouts.  We are expecting positive action on the ground.”  Senior government officials agreed to meet this week to discuss taking further measures against the PKK.

The Turkish government demands that Iraq do more to diminish PKK capabilities, including denying the PKK infrastructure capabilities, such as roads and access to hospitals.  The government estimates that some 2,000 PKK members are currently based in northern Iraq, from where they stage attacks, mainly targeting the Turkish military.

The Prime Minister and the military have vowed to increase operations to end the PKK’s ability to launch cross-border attacks against Turkey.  In addition, they have rejected suggestions to negotiate with PKK leadership.  According to Erdogan, Turkey “will now conduct its campaign against terrorism even more decisively.”

However, Erdogan announced plans to invest up to $12 billion in southeast Turkey and grant cultural rights to the Kurds, with the goal of diminishing support for the PKK among the Kurdish population.  In the past, the government made similar promises, yet fell short of implementing them.

For more information, please see:

AFP – Turkish Jets Hit Kurdish Rebels in Iraq, Government Mulls Steps – 6 October 2008

Al Jazeera – Turkey Bombs PKK Bases in Iraq – 6 October 2008

CNN – Turkish Airstrikes Target Kurdish Rebels – 6 October 2008

Deutsche Welle – Turkey Steps Up New Campaign Against PKK in Northern Iraq

The Washington Post – Retaliatory Turkish Airstrikes Target Kurdish Rebels in Iraq – 6 October 2008

AFP –Turkey Slams Iraqi Kurds After Rebel Attack Kills 15 Soldiers – 5 October 2008

Hurriyet – Turkey’s PM Erdogan Calls on Action From N. Iraq Over PKK – 5 October 2008

Reuters – Pressure on Turkey to Crush PKK May Hurt U.S., EU Ties – 5 October 2008

The Washington Post – Turkey Launches Airstrikes Against Kurdish Rebels– 5 October 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

SHIRAZ, Iran – Mohammad Reza Haddadi, a minor offender, is scheduled to be hanged on October 9. The Criminal Court in Kazeroon sentenced Haddadi to death on January 6, 2004, for the August 2003 alleged kidnapping and murder of taxi driver Mohammad Bagher Rahmat. Haddadi was 15 years old at the time. Haddadi’s co-defendants were all over 18 at the time of the crime and they received lower sentences.

According to his lawyer, Mr. Mostafaei, Haddadi didn’t commit the murder. Mr. Mostafaei states his client merely confessed to the murder because of his poverty and young age. Haddadi retracted his confession in a letter to the court as soon as he learned his mother had not received any money from his co-defendants. The letter explained that his co-defendants tricked him into taking the blame by falsely promising to provide his family with money and other benefits. Haddadi faces execution even though he retracted his confession and his co-defendants eventually withdrew their statements implicating him.

In February, Mr. Mostafaei wrote a letter to the head of the Iranian judiciary requesting that they reconsider Haddadi’s case. Mr. Mostafaei’s request was unsuccessful and Haddadi stands to be to be hanged on October 9. The hanging will take place at the Kaeroun prison in southern Iran.

The United Nations bans the death penalty for offenses committed by minors. Every state in the world has ratified treaties to prevent those under 18 (at the time of the crime) from being sentenced to death. The majority of states have complied fully with this obligation. Iran has ratified two treaties that prohibit juvenile executions: the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. Haddadi’s planned execution on October 9 violates Iran’s human rights obligation to not execute juvenile offenders.

Iran has the highest incidence of juvenile executions. In Iran, judges can impose the death penalty in capital cases if the defendant has attained “majority.” Majority, as defined by Iranian law means age 9 for girls and age 15 for boys. Six minor offenders have been executed in Iran this year. According to a report by Human Rights Watch, Iranian authorities are responsible for 26 of the 32 minor executions worldwide since 2005.

Currently, there are more than 150 juvenile offenders sentenced to death in Iran. Clarisa Bencomo, a Middle East children’s rights researcher for Human Rights Watch, explained that states that execute minor offenders acknowledge that such executions are wrong. According to Bencomo, “changes in law and practice need to be faster.”

For more information, please see:

Iran Human Rights – Urgent: The Minor Offender Mohammad Reza Haddadi is Scheduled to be Executed on October 9 in Southern Iran – 5 October 2008

Iran Human Rights – 32 Minor Offenders Executed Since 2005- 26 of the Executions Have Taken Place in Iran – 10 September 2008

Amnesty International – Mohammad Reza Haddadi, Aged 18; Reza Hejazi, Aged 19; Iman Hashemi, Aged 18: Child Offenders – 13 March 2008

Human Rights Watch – Iran: Halt Execution of Juvenile Offender – 22 February 2008

Stop Child Executions – Three More Youth Sentenced to Death in Iran – 12 January 2008