The Middle East

Shia Militias Operate Outside the Law in Iraq

By Max Bartels

Impunity Watch Reporter, The Middle East

 

Baghdad, Iraq 

The predominantly Shia government of Iraq has been accused of giving Shia militant groups impunity to terrorize the Sunni population in response to the attacks by the predominately Sunni forces of ISIS. The government of Iraq has responded that it fairly governs all its citizens, Shia’s and Sunni alike. The Iraqi government has been unable to halt the advance of ISIS as it rolls across Northern Iraq, Amnesty groups have said that it is now mostly Shia militant groups that have been in combat with ISIS forces.

The Shia militia groups are estimated to a combine to be in the tens of thousands. After ISIS seized the Northern Iraqi city of Mosul, Iraqi Prime Minister Nouri al-Maliki called for volunteers to reinforce the military, who had suffered several defeats to ISIS forces. The Shia militias answered the call; they have military equipment and operate with impunity across Iraq but do not formally answer to the Iraqi government and are not prosecuted for crimes they commit.

The Shia militias have ben accused of abducting hundreds of Sunni civilians in response to terror attacks by ISIS targeting Shia civilians. There have been stories reported to Amnesty International, telling how even after their families have paid the ransom demanded by the militias the abductees were still killed by the militias. Ransoms have been reported to be as high as $80,000 for Sunni’s that are abducted, in most cases the average Iraqi can’t afford to pay such a high ransom.

Sunni insurgents, mainly ISIS fighters and operatives have targeted Shia neighborhoods in Baghdad and across Iraq with car bombs and other attacks. The Shia militias respond with kidnappings and killings and the cycle continues. The Iraqi government is powerless to combat either group. ISIS has already proven to be too much to handle for the Iraq military, capturing large swaths of Iraqi territory. On the other hand, the government needs the Shia militias for their own protection, they don’t have the power to fight ISIS on their own and rely on the numbers that the militias can bring to combat ISIS. The Iraqi military has had difficulty recruiting soldiers to fight ISIS, the Shia militias are much better at recruiting members to fight ISIS and is one of the main reasons why the militias have taken large responsibilities in the defense of Iraqi territory.

For more information, please see:

BBC News — Iraq: Shia Militias “Killing Sunnis in Reprisal Attacks” — 14 October 2014

ABC News — Rights Groups: Iraq Shiite Militants Killing Sunnis — 14 October 2014

CBC News — Iraq’s Shia Militias Kill Sunni Civillians in Retaliation Against ISIS, Amnesty Says — 14 October 2014

The Independent — Iraq Descends into Anarchy: Shia Militias Abducting and Killing Sunni Civilians in Revenge for ISIS Attacks — 14 October 2014 

Experts Believe Hannibal Directive may have led to War Crimes in Gaza

By Kathryn Maureen Ryan
Managing Editor, Impunity Watch

JERUSALEM, Israel/Palestine – Israel’s military offensive against Hamas in Gaza during, which approximately 2,100 Palestinians and 73 Israelis lost their lives over the course 50-days, drew commendation from members of the international community. Among the most highly criticized operations that took place during the conflict was an Israeli air and artillery bombardment carried out on August 1st that killed 150 people in a matter of hours, the events of which unfolded just as a three-day ceasefire was supposed to enter into effect. Hamas militants emerged from a tunnel inside the Gaza Strip and ambushed three Israeli solders, killing two and taking the third hostage. Hamas representatives claimed the ambush was carried out before the ceasefire was scheduled to take effect while the Israeli military claims it was carried out after. Israeli reacted to the ambush and kidnapping of an Israel solder by invoking the controversial Hannibal Directive.

Palestinians stand on what witnesses say was a house destroyed by an Israeli air strike carried out in Rafah, a city of 200,000 in southern Gaza, in this August 2, 2014 file photo. (Photo courtesy of Reuters)

The Hannibal Directive is a protocol that calls on Israeli Defense Forces to rescue a captured solider, dead or alive, to ensure that Hamas cannot use the soldier as a hostage. The Israeli Army allegedly invoked the Hannibal directive as an order compelling units to do everything they can to recover an abducted comrade.

The order led to a furious assault on a confined area on the eastern edge of Rafah, the largest city in southern Gaza. The city is home to around 200,000 people. Israeli artillery and tanks bombarded four neighborhoods for several hours – at times firing a shell a minute. Fighter jets also carried out air strikes in the area. Medics in Gaza say around 200 people were wounded, the majority of whom were civilians. 150 people were killed during the bombardments making August 1st the deadliest day of the seven week conflict. Some legal experts say the use of the Hannibal Directive in this matter, which called on the Israeli military to use any means necessary, including the targeting of areas heavily inhabited by civilians, may have constituted a war crime.

The Israel Defense Forces have not clearly defined the Hannibal Directive. The Hannibal directive was first drafted in 1986 after three soldiers from the Givati Brigade were captured in Lebanon. Their saw the vehicle getting away and did not open fire on the captors. Israel has in the past paid a heavy political price for kidnapped soldiers. In 2006, Gilad Shalit was seized near Gaza and spent five years in Hamas captivity. He was released in exchange for more than 1,000 Palestinian prisoners. Critics say the Hannibal directive throws international humanitarian law out of the window in the interests of preventing a hostage situation, not only are civilians in the conflict thrown in the crossfire but the directive itself also suggests that the goal of the Israeli military should be to prevent hostage situations at all costs, even concluding that it is better to have a dead soldier than a captured one.

In the weeks since August 1st, civil rights activists, international legal experts and even some Israeli military officers have raised concerns about the legality and morality of the assault. One specific reservation is whether the attack was proportionate and discriminate, specifically whether the abduction of a single soldier could have justified a heavy and relentless use of force in a heavily populated area.

A panel set up by the United Nations’ Human Rights Commission is due to start investigating potential abuses in the war by both sides in the near future, with the August 1st incident in Rafah set as one of several incidents investigators have indicated they will examine. The head of the U.N. Human Rights Commission panel investigating the Gaza war has said any evidence it gathers could be used by the International Criminal Court in a potential war crimes case against Israel. The panel’s final report is due by March next year.

For more information please see:

Al Arabiya – Egyptian foreign policy stages comeback after Gaza summit – 13 October 2014
Reuters – Did Israel’s ‘Hannibal directive’ lead to a war crime in Gaza? – 13 October 2014
BBC News – Palestinian leader accuses Israel of ‘genocide’ at UN – 26 September 2014
The Times of Israel – IDF disputes death toll after Rafah kidnap attempt – 22 September 2014

Lebanese Municipalities Establish Curfews for Syrian Refugees

By Max Bartels

Impunity Watch Reporter, The Middle East

 

Beirut, Lebanon 

Since the start of the conflict in Syria, many refugees fleeing the fighting have settled in refugee camps across Lebanon. It is now reported that there are some 1.2 million registered Syrian Refugees scattered across Lebanon. There are a reported 45 municipalities across Lebanon who have imposed curfews on these refugees. Some of these curfews have been in place for about a year, many other were recently created. The municipalities in Lebanon, who have adopted these curfews claim that they are a safety measure created in response to the five-day battle that took place in Arsal between the Lebanese Army and jihadist militants from Syria. Arsal is a town on the border of Lebanon and Syria, for five days in August the Lebanese Army fought jihadist militants, over the course of the fighting the Lebanese army suffered many casualties and the militants also abducted many of its personnel.

Syrian Refugees Protest in their camps in Arsal, Lebanon. (Photo Curtesy of The Daily Star)

Human rights groups have condemned these new curfews as a violation of international law and Lebanese domestic law. The Syrian refugees claim that these curfews are discriminatory and create a hostile environment. The curfews are officially enforced by municipal police forces however, there are reports that vigilante groups have been formed in many of these municipalities and are also enforcing the curfews. This development has created many concerns and increases the possibility of abuse.

The BBC has reported on a number of individual instances where the curfews that been abusive. One man was prevented from going to the pharmacy next to his house in the night to get medicine for his ill child. Another situation was reported where a group of Lebanese men stabbed a Syrian refugee, saying he was not able to go out. These stories show the hostility and tension is growing between the refugees and native Lebanese. When asked by Human Rights Watch to produce evidence to show that the curfews are necessary the Lebanese government did not respond.

It seems that the recent trend to restrict the rights of the refugees is continuing with other security polices. The government has also increased the number of troops at the border and are allowing less and less Syrian refugees into the country; for fear that they may be militants. There have also been an increase of military personnel on the streets and they have been searching amongst refugees for militant group members. With this trend there is a fear among human rights groups that there could be retaliatory actions from the refugees.

For more information, please see:

Human Rights Watch — Lebanon: At Least 45 Local Curfews Imposed on Syrian Refugees — 3 October 2014

Reuters — Curfews on Syrian Refugees in Lebanon Fuel Hostility: Rights Groups — 3 October 2014

BBC News — Lebanon”Imposes Curfews on Syrian Refugees — 3 October 2014

The Daily Star — Lebanon’s Curfew for Syrian Refugees Feeds Hostility: HRW — 3 October 2014

Thousands Risk Death to Flee Israeli-Palestinian Conflict

By Benjamin Williams
Impunity Watch Middle East Desk Reporter  

GAZA, Palestine — In the wake of the ongoing conflict between Palestine and Israel, thousands of Palestinians are fleeing the Gaza Strip. Refugees are risking the perils of the Mediterranean Sea in an effort to begin a new life in Europe. Sources stated that news of the peril suffered by the fleeing Palestinians “has raised alarm among Gazan families awaiting word that their loved ones had arrived safely.”

This year has seen an estimated 10,000 Palestinians flee the country, with a swell in numbers since the conflict began in July. With the Israeli offensive, known as “Operation Protective Edge,” killing more than 2,000 mostly civilian Palestinians, displacing hundreds of thousands of residents, and destroying much of Gaza’s infrastructure, it comes as no surprise that residents would seek refuge elsewhere. Migrants looking for a fresh start are subjected to not only the elements, but human traffickers, as well.

One such boat bound for the Egyptian coast was filled with upwards of 500 men, women, and children. Among the dead were Syrians, Palestinians, Egyptians, and Sudanese. Two survivors, after days clinging to flotation aids, were recovered from the wreckage after human traffickers intentionally sunk their ship when migrants refused to move to a smaller vessel. One survivor said, “After they hit our boat, they waited to make sure that it had sunk completely before leaving. They were laughing.” The two Palestinian men rescued stated as many as 100 children were on board when the boat went down.

Gazan residents have increasingly turned to smugglers to get across the Egyptian border. With tight border regulations making the journey extremely difficult, refugees have resorted to paying about $4,000 per person. The fee allows an individual to be smuggled into Egypt though an underground tunnel and on to Europe on a raft. However, even if residents can afford the trip, they will encounter criminals and treacherous conditions along the way.

Woman remembers son lost at sea on his journey to a new life in Europe. (photo courtesy of Oman Daily Observer)

Hundreds of families have lost contact with their loved ones making the dangerous trek to a new life. One man learned of the death of his son from a survivor who had seen him on a ship that sank on September 10th. Khalil Abu Shammal, director of Gaza’s Ad-Dameer Association for Human Rights, said, “The number of people with whom families in Gaza have lost contact is around 400. Measures are required to stop such travel towards death and the unknown.” “The risks [residents] take reflect their desperation and we cannot keep abandoning them to their fate,” stated the International Organization for Migration director general William Lacy Swing.

For more information, please see:

Al Jazeera America – Palestinian migrants fleeing Gaza Strip drown in Mediterranean Sea – 22 September 2014

CNN – “Laughing” traffickers ram boat full of migrants and kill 500, survivors say – 22 September 2014

Oman Daily Observer – War spurs more Gazans to risk migration to Europe – 22 September 2014

 

FIFA Official: Qatar Won’t Host FIFA World Cup

By Kathryn Maureen Ryan
Managing Editor Impunity Watch

DOHA, Qatar – On Monday Theo Zwanziger, Executive Committee member for the Fédération International de Football Association (FIFA) suggested that the Committee may choose to remove the 2022 World Cup from Qatar, which has been preparing for the games for years.  According to the FIFA official the decision will come down to one factor: Extreme heat. However, if true, the decision to strip Qatar of the World Cup followed months of international criticism of the Gulf State’s treatment of migrant workers and complaints of slave labor conditions for workers at the World Cup sites.

People celebrate the announcement location of the 2022 World Cup with a screen that reads ‘Congratulations Qatar’ after FIFA announced that Qatar will be host of the 2022 World Cup in Souq Waqif in Doha, in this December 2, 2010. (Photo courtesy of Reuters)

Theo Zwanziger, the former German soccer association (DFB) chief said that the most widely watched tournament in sports will have to be held somewhere else due to health concerns over the extreme heat that players will experience in the Qatari desert. “I personally think that in the end the 2022 World Cup will not take place in Qatar,” he said. “Medics say that they cannot accept responsibility with a World Cup taking place under these conditions.”

Qatar remains adamant that it will host the 2022 World Cup. “The only question now is when, not if,” Qatar 2022 communications director Nasser Al Khater said in a statement. He added “summer or winter, we will be ready.” The oil-rich Gulf state insists that it will be able to use state of the art cooling technologies currently being developed for stadiums, training areas and fan zones. However, there FIFA officials still cite concerns over the health of players and fans; “they may be able to cool the stadiums but a World Cup does not take place only there,” Zwanziger said. “Fans from around the world will be coming and traveling in this heat and the first life-threatening case will trigger an investigation by a state prosecutor. That is not something that FIFA Exco members want to answer for.”

Labor rights activists have raised concerns about dangerous working conditions and have made allegations about unpaid salaries and other abuses of workers’ rights. The Qatari economy is heavily dependent on large numbers of low-paid migrant workers, many of whom ar brought from Asia.

Two weeks ago the Qatari government confirmed that it is holding two British citizens who went missing while researching migrant labor conditions in the country, saying that the men are being questioned about possible illegal activities in the country. The confirmation came after Amnesty International urged authorities to reveal the men’s whereabouts and insure their safety. The Norway-based Global Network for Rights and Development reported that the two British citizens, a researcher, Krishna Upadhyaya, 52, and a photographer, Ghimire Gundev, 36, went missing on Aug. 31 as they were preparing to leave the country.

While at least one high ranking FIFA officials believes Qatar will be stripped of its hosting duties for the 2022 FIFA World Cup because of concerns over extreme heat, the organization has faced criticism for choosing the Gulf State to host the games despite concerns over human rights abuses in the country. Any decision by FIFA to remove the tournament from Qatar on the bases of temperature concerns will likely be interpreted as an attempt by FIFA save face as the organization has been continually criticized by activists as new allegations of abuses in Qatar continue to surface.

For more information please see:

Al Jazeera – Qatar Won’t Host the World Cup: FIFA Official – 22 September 2014

Fortune – FIFA May Pull 2022 World Cup from Qatar ‘On Medical Grounds’ – Exec – 22 September 2014

Reuters – Qatar Adamant it will Host 2022 World Cup Despite Doubts – 22 September 2014

The New York Times – Officials in Qatar Confirm Detention of Britons – 8 September 2014