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ICJ Decision on Uruguay/Argentina River Factory Case

By Sovereign Hager
Impunity Watch Reporter, South America

THE HAGUE, Netherlands-The International Court of Justice (ICJ) ruled that a paper mill can remain open despite the fact that Uruguay violated a treaty in constructing the plant. The ICJ decision, available here, found that despite Uruguay’s breach of a 1975 treaty regulating the use of the River Uruguay, Uruguay had met its environmental obligations.

Argentina argues that the mill is polluting the river Uruguay, which forms the border between the two countries. The dispute arose when Uruguay failed to inform Argentina of the construction of the plant. The 1975 treaty rules the management of shared waters and Argentina argued that the mill was severely contaminating the water. The Argentine government then began sponsoring pickets that blocked the international bridge linking Gualeguaychú with Fray Bentos.

The plant is located at a location used for fishing, tourism, and recreational use. The plant is owned by a Finish pulp producer Metsa-Botnia and was sold to UPM Kymmene in December. The plant pulps eucalyptus trees for paper.

Scientists have lamented that Argentina and Uruguay have not done more to reduce river pollution from other sources, despite their long political battle over the paper mill. Uruguay relied on studies paid for by the paper company and accepted by the national environmental agency, which found the plant had no measurable impact on the River Uruguay.

The River Uruguay drains about 210,000 square miles of farmland and the agricultural runoff is known to include chemicals from fertilizers, which combine with heavy metals from factories. The polluting factories are known to be on the Argentine side of the river.   Greenpeace officials are urging both Uruguay and Argentina to develop shared rules for factories along the river. A Greenpeace official told the Associated Press that the disagreement between Argentina and Uruguay “involves a lot of hypocrisy” because “there hasn’t been a serious and ongoing evaluation of pollution in the river, neither in Uruguay nor in Argentina.”

For more information, please see:

Buenos Aires Herald-ICJ Rules Uruguay Breached River Treaty; Botnia to Continue Operating for “No Pollution Detected”-21 April 2010

Reuters-World Court Rules Uruguay Can Use Paper Mill-April 20 2010

UN News Center-Uruguayan Mill Can Operate Despite, UN World Court Rules -20 April 2010

Withdrawal of U.N. Soldiers May Escalate Prevalent Rape Problem

By Jared Kleinman
Impunity Watch Reporter, Africa

KINSHASA, DRC – Congolese laws against sexual violence are not being implemented and a withdrawal of United Nations peacekeepers from the country would make the struggle against rape “a lot more difficult,” the U.N. said.

Margot Wallstrom, the U.N. special representative on sexual violence in conflict, is visiting Congo, where thousands of women are raped every year, as the U.N. tries to persuade the government not to demand a hasty withdrawal of the U.N. force. Democratic Republic of Congo has advanced legislation in place to outlaw sexual violence but Wallstrom said the country’s capacity to implement it was “near zero.”

Acts of civilian sexual violence have become increasingly pervasive in the Democratic Republic of the Congo, according to a recent study released on April 15 by the Harvard Humanitarian Initiative and Oxfam America, an international relief and development organization.

The study’s analysis of violence trends over time revealed that although the total number of sexual assaults reported steadily decreased between 2004 and 2008, the number of civilian rapes increased seventeen-fold.

Aid agencies and rights groups accustomed to the violence and suffering during and since Congo’s 1998-2003 war, which left millions dead, have been shocked by reports of the scale and brutality of the rapes by rebel and government forces alike.

“These findings imply a normalization of rape among the civilian population, suggesting the erosion of all constructive social mechanism that ought to protect civilians from sexual violence,” according to the study. The study also demonstrates how sexual violence can be used as a tool to ignite terror.

Accurate figures for sexual violence are hard to come by as many rapes are unreported but the U.N. said at least 5,400 women had reported being raped in neighboring South Kivu in the first nine months of 2009 alone.

“Some of the results were shocking, mostly that the women are really attacked everywhere and that everyone is at risk” said Susan A. Bartels, a researcher at Harvard Humanitarian Initiative, emergency room physician at Beth Israel Deaconess Medical Center, and primary author of the report. “I was shocked by the number of women who were attacked in their own home, specifically at night when they were sleeping with their families.”

Government forces as well as a plethora of rebel forces are accused of the abuse. Last year, the U.N. Security Council gave the government a list of officers known to have raped women and girls.

With celebrations of the 50th anniversary of independence this year and elections next, Congo would like for the peacekeeping mission, known as MONUC, to start withdrawing within months and wants the last blue helmet out in 2011.

Wallstrom claims however that the peacekeepers, who are often criticized for not doing enough, were making a difference. “Women used to be scared to go to the market … Now a lot of people go, and peacekeepers go with them. It has brought economic development to the region,” she said, referring to North Kivu province. The withdrawal of peacekeepers in this region, no matter how controversial, may lead to dangerous results.

For more information, please see:

The Harvard Crimson – Sexual Violence on the Rise in Congo – 19 April 2010

Reuters – U.N. Fears Congo Pullout Will Hurt Fight Against Rape – 19 April 2010

Eurasia Review – New Report Shows Shocking Pattern Of Rape In Eastern Congo – Sunday, April 18, 2010

Egypt Seeks To Pressure Israel Over Nuclear Arms

By Ahmad Shihadah
Impunity Watch Reporter, Middle East

CAIRO, Egypt – Israel may come under new pressure next month at a UN meeting on atomic weapons as the United States, Britain and France consider backing Egypt’s call for a zone in the Middle East free of nuclear arms, envoys said.

The 189 signatories to the 1970 Non-Proliferation Treaty (NPT) will meet at United Nations headquarters in New York for a May 3-28 conference on the troubled pact whose credibility, analysts say, has been harmed by the atomic programs of Iran and North Korea and the failure of the big nuclear powers to disarm.

Egypt is to open an international front to push Israel into signing the Non-Proliferation Treaty as pressure mounts on Tel Aviv to account for its atomic plans.

Cairo advocates holding a regional conference on an “internationally and effectively verifiable treaty for the establishment of a nuclear-weapons-free zone in the Middle East,” a draft paper addressed to the NPT said Tuesday. It added that Egypt will invite all Mideast states to the planned meeting.

Israel, like India and Pakistan, never signed the treaty and is not officially attending the conference. The Jewish state is presumed to have a sizable nuclear arsenal, although it has never confirmed or denied having atomic weapons.

Diplomats said backing from the five permanent Security Council members — the NPT’s five official nuclear powers — would help ensure broad support for Egypt’s plan next month.

One Western envoy said Egypt’s insistence on a conference with a negotiating mandate was the main “sticking point,” while another expressed the hope that Egypt would compromise during intensive negotiations on the issue in the coming weeks.

Israel’s U.N. mission had no official comment on the Egyptian proposal. But an Israeli diplomat told Reuters the Jewish state would be ready to discuss issues like establishing a nuclear-weapon-free zone once there is peace in the Middle East.

For More Information, Please;

The Daily Star – Egypt Seeks UN Pressure On Israel Over Nuclear Arms – 21 April 2010

The Washington Post – Egypt Seeks U.N. Pressure On Israel Over Nuclear Arms – 21 April 2010

Press TV – Egypt Summit To Pressure Nuclear Israel – 20 April 2010

Yemeni Police Kill Two Al-Qaeda Suspects

By Ahmad Shihadah
Impunity Watch Reporter, Middle East

SA’NA, Yemen – A security official in Yemen says soldiers killed two suspected members of al-Qaeda wanted by police and arrested a third in an exchange of fire at a highway checkpoint near the country’s Red Sea coast.

The shootout occurred at a highway checkpoint north port city of Houdieda. It also left two policemen injured, one of them critically.

Police opened fire at the car after it failed to pull over for a routine search at the al-Sham checkpoint outside Houdieda city, with two of its occupants dying on the spot while a third one was arrested by Yemini authorities.

“The two men were inside a car and refused to stop at a check point. An exchange of fire took place between them and security forces,” an official said, adding the clash took place after midnight on Saturday.

Yemen has tightened security at oil facilities and government buildings, after the clash with security forces in western Yemen, a Yemeni official told Reuters on Sunday.

Yemen’s government is struggling to stabilize the country where al-Qaeda is trying to strengthen its influence. The security official told Reuters that security measures were tightened around major “government, economic, oil and Western facilities” as of Saturday.

The measures included “the replacement of some normal central security forces with special units … well qualified and trained by Arab military experts,” he said.

Yemen, the poorest Arab country, has already carried out air strikes, with U.S. assistance, to target al-Qaeda leaders.

Western intelligence agencies lately warned that Yemen was becoming a hub of Islamist insurgents, including those from al-Qaeda, despite the Yemeni government’s efforts to snuff religious extremism out

The growing emergence of Islamist insurgency in the peninsular country was further revealed when the young Nigerian accused of trying to blow up an American airliner midflight on Christmas day said he had received training and indoctrination from militant leaders in the Yemen.

For more information, please see:

AP – 2 Al-Qaida Members Killed In Clash With Yemen Army – 18 April 2010

The Washington Post – Yemen Oil Security Tightened, Two Suspects Killed – 18 April 2010

RTT News – Two Al-Qaeda Suspects Killed In Shootout With Police In Yemen – 19 April 2010

Argentine Plaintiffs Seek Judicial Inquiry into Franco Era Crimes

By Sovereign Hager
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina-Human rights activists are supporting a lawsuit filed April 13, 2010 by two Argentine residents seeking a judicial inquiry into the deaths of their Spanish relatives during Spain’s civil war between Francisco Franco and  the republican government from 1936-39. The plaintiffs are hoping to implement the principle of universal justice in genocide and crimes against humanity in the case. Commentators are calling the move a “turning of the tables,” as victims of Argentina’s Dirty War first sought justice through European Courts, which have convicted human rights abusers in absentia.

Argentines are especially incensed by the recent proceedings against Baltasar Garzón for trying to launch a judicial inquiry into Franco’s crimes in Spain.  Garzón is known for his investigations into human rights abuses in Latin America, where he unsuccessfully sought the extradition of former Chilean dictator Augusto Pinochet.  A prominent human rights lawyer told Earth Times that Garzón “did the most to pursue crimes committed by dictatorships. One Argentine plaintiff called the lack of Spanish response to the Franco crimes as “a kind of silence of accomplices.”

The Argentine plaintiffs are receiving support from numerous human rights associations their quest for investigations into whether any of those responsible for the deaths of their family members are still alive. Binusz Smukler, an Argentine human rights lawyer told the Spanish daily El Pais that “the idea is to widen the probe into a general investigation into Franco’s crimes.”

Garzón had success in Argentina citing principles of international law such as the inapplicability of the statute of limitations to crimes against humanity; that such crimes cannot be amnestied; and that universal jurisdiction is appropriate where crimes are not tried in the country where they were committed. Garzón’s probe into forced disappearances in Spain was not as successful, as most potential defendants were dead. However he transferred the investigation of mass graves and missing people to regional courts.

The regional courts have not moved forward with the case and Spain’s Supreme Court ruled that the case against Garzón for “overstepping his jurisdiction” could go ahead. Carlos Seploy, the lawyer representing the Argentine plaintiffs told Reuters that the suit intends to force Spain to produce a list of ministers and military leaders from the Franco era who are still alive, in the hopes that they can be put on trial.

Seploy called the suit “very auspicious for an Argentine tribunal in the same way that we applauded the fact that a Spanish tribunal looked into the crimes committed in the Americas.”

For more information, please see:

EarthTimes-Argentinians Want to Investigate Franco’s Crimes-15 April 2010

Reuters-Victims of Spain’s Franco Dictatorship Seek Justice in Argentina-15 April 2010

IPS-Franco Era Crimes Reach Courts in Argentina-14 April 2010