AS EGYPT AND ISRAEL TRY TO SOLVE THEIR “DIFFERENCES,” EGYPTIAN CIVILIANS ARE LEFT IN THE VOID

September 12, 2011

By Adom M. Cooper
Impunity Watch Reporter, Middle East

CAIRO, Egypt–Middle Eastern nations Egypt and Israel claim that they wish to return to normal diplomatic activities. But their actions seem to display ‘a dragging of feet’ towards that goal. Yitzhak Levanon, Israel’s ambassador to Egypt, was flown home on Friday 09 September after the embassy was caught in the middle of violent protests in Cairo.

A suspected protester is detained near the Israeli embassy on 10 September. (Photo Courtesy of Reuters)

Israeli Prime Minister Binyamin Netanyahu said on Sunday 11 September that his government was in the process on working with Egypt to return Levanon to his post. But Netanyahu reiterated that the recent protests have raised new security concerns that must be solved prior to Levanon’s return.

“We are in touch with the Egyptian government over the necessary arrangements for the return of the ambassador, so that he and staff will be appropriately protected in order to maintain Israeli representation in Cairo.”

After Hosni Mubarak’s ouster on 11 February, the Egyptian army took over leadership of the nation. The transition has been hardly seamless, as the army has painstakingly struggled against controlling public discontent towards Israel since five Egyptian border guards were killed last month when Israel prevented cross-border activities with deadly force. Israel claimed that the group was Palestinian and that eight Israelis were also killed in the border skirmish.

Protection of the Israeli embassy in Cairo has become a prime objective for Egypt. Approximately 16 trucks filled with police and security personnel, three buses of military police, two armored personnel carriers, and several other vehicles all were assembled and parked near the embassy on Sunday 11 September. Mohamed Higazy, Egyptian cabinet spokeswoman expressed these words to Reuters about the increase in embassy security.

“The security in front of the embassy has been enhanced. Returning back to normalcy is the objective for both sides.”

Levanon and approximately 80 embassy staff members were evacuated from Egypt on Friday 09 September following on attack on the Israeli embassy. The attack threatened to disengage the peace treaty between Egypt and Israel that has lasted 32 years.

Egyptian officials reported that at least three people were killed and some 1,000 more injured in the clashes that took place on the evening of Friday 09 September between protesters and security forces at the gates of the Israeli embassy. During the day on 09 September, a peaceful demonstration occurred in already renowned protester hub, Tahrir Square.

During the attack on the embassy, protesters destroyed a cement barrier around the high-rise building and dumped hundreds of Hebrew-language documents out of the windows of the embassy. Some 20 suspects were arrested following the attack, reported the Egyptian interior ministry.

Osama Hassan Heikal, Egypt’s information minister, said that those who took part in the attack would be sent to an emergency state security court. He said that Egyptian authorities would apply “all articles of the emergency law to ensure safety following the embassy attack, and respect international conventions regarding the protection of diplomatic missions.

Egyptian police and military forces also remained stationed in front of the Saudi embassy and the Giza security headquarters. Civilians also attacked these two locations on Friday 09 September.

In a statement on the evening of Saturday 10 September, the military-led transitional government said that it would make use of the detested and loathed “emergency law.” This law allows for extra-judicial detentions as part of a new crackdown on disruptive protests and the transitional government had previously promised to eliminate the 30-year-old emergency legislation. The emergency law was considered a cornerstone of sorts for Mubarak’s regime and was one of the protesters’ primary demands when calling for the end of Mubarak’s reign.

The specific implementation of the transitional government’s statement is unknown. A council of officers has already governed the nation for seven months in suspension of the Constitution, taking measures such as hindering the right to a fair trial. As of 11 September, as many as 12,000 civilians have been subjected to swift military trials.

The ability of the transitional government to maintain control has been very difficult. In trying to restore order to the streets of Egypt without jeopardizing its position as “leader,” the council has chosen to pick its spots in dealing with protesters.

Sometimes, protesters are met head-on with heavy military force. Other times, the military council has made a point to avoid direct confrontation with protesters or even going so far as to meet their demands to maintain a strong public image. The decision to avoid direct confrontation and meet demands proved catastrophic in the situation involving the Israeli embassy.

It is evident that many civilians in Egypt have been placed in a position that virtually renders their long-term concerns irrelevant. First, they called for the end of Hosni Mubarak’s rule and were granted it. But the transition came with inevitable uncertainty. Now, the Egyptian army that has taken Mubarak’s place to lead the country is “punishing” its citizens for their actions. This time, outrage over the situation with Israel.

Until the Egyptian people are given a chance to voice their concerns with substantive means to achieve them, this downward spiral does not appear to have a peaceful an end in sight.

For more information, please see:

Ahram-Egypt and Israel after the embassy-11 September 2011

Al-Jazeera-Egypt and Israel seek to return to ‘normal’ ties-11 September 2011

BBC-Netanyahu says Egypt peace stands despite embassy riot-10 September 2011

The Guardian-Israel faces worst crisis with Egypt for 30 years as diplomats flee-10 September 2011

Human Right Watch-Egypt: Retry or Free 12,000 After Unfair Military Trials-10 September 2011

NYT-After Attack on Embassy, Egypt Vows a Tougher Stance on Protests-10 September 2011

Reuters-Egypt, Israel seek normality after embassy storming-11 September 2011

Egyptian Protest Over Military Rule Unrest Turns Violent

September 11, 2011

By Tyler Yates
Impunity Watch Reporter, Middle East

CAIRO, Egypt — Egyptian protesters are beginning to show signs of unrest towards the Egyptian military rule that began after the fall of Hosni Mubarak. On Friday a mass rally calling for reforms was held at Cairo’s Tahir Square. By nighttime what had started as a peaceful protest had turned violent as thousands of people tore down a protective wall around the Israeli Embassy, while others defaced the headquarters of the Egyptian Interior Ministry.

Protesters tear away at wall outside of Israeli Embassy (Photo courtesy of Al Jazeera).

The Egyptian state news agency reports that 448 people were injured and 17 protesters were arrested in the mayhem.

The rally’s main purpose had been to press the military rulers to keep the promises they made for reform after they took over the country.

“It would be a shame on the Egyptian people if they forget their revolution,” a preacher leading a Muslim prayer section earlier in the day at the protest remarked.

A big sticking point for many protesters is the usage of military trials for civilians. Human Rights Watch (HRW) reports that almost 12,000 civilians have been arrested and brought before military tribunals since February. This is more than the total number of civilians who faced such trials under Mubarak.

The military rulers have sad that the trials of civilians before military tribunals will end as soon as the state of emergency is lifted. After Friday’s incident it is uncertain when this will happen.

The military released a statement saying that it will respect the activists’ right to protest peacefully, but it warned that it would respond to violence with “the utmost severity and decisiveness.”

The interior ministry said that it had withdrawn its riot police stationed in Tahir Square to allow the protest to proceed unhindered. Reports confirm that police and military personnel were nowhere to be seen in Tahir Square or in the streets surrounding it, but when the protests turned violent they arrived by the truckload.

The scale and attitudes of Friday’s protest mark a departure from the previous Egyptian protests that have occurred since the revolution began. Mixed with the liberal goals of retribution against Mubarak and an end to military rule were new grievances over recent events, including a border dispute with Israel and a brawl between soccer fans and police at a match the previous Tuesday.

Thousands of ultras –hard-core soccer fans – were a conspicuous presence in the protests and a dominant force in the violence. Notorious for their obscene chants and pension for brawling, the ultras have become increasingly engaged in the politics of the revolution.

Egyptian politicians at every level have spoken out against the violence. Some even chided the military for failing to have some sort of presence at the protests until they were forced to respond with brutal force. Many were careful to distance themselves from any support of Israel. Among the objections against Mubarak was his steadfast devotion to the alliance between Egypt, Israel, and the United States. Aspiring political candidates and the military rulers have been careful to stay on the popular side of these sentiments.

For more information, please see:

Human Rights Watch — Egypt: Retry or Free 12,000 After Unfair Military Trials — 10 Sept 2011

New York Times — After Attack on Embassy, Egypt Vows Tougher Stance on Protests — 10 Sept 2011

Al Jazeera — Egyptians protest against military rule — 9 Sep 2011

New York Times — Protest of Thousands in Cairo Turns Violent — 9 Sept 2011

Former Nuremberg Prosecutor Ben Ferencz Closes ICC Case against Lubanga

September 11, 2011

By Eric C. Sigmund
Managing Editor of News, Impunity Watch

THE HAGUE, Netherlands – In a historic moment for the International Criminal Court, former Nuremberg prosecutor Benjamin Ferencz, joined ICC prosecutors last month to complete the Court’s first ever trial – concluding the closing statements in the case against Thomas Lubanga Dyilo. Mr. Ferencz, a strong advocate of the ICC, served as the Chief Prosecutor for the United States at the International Military Tribunal in Nuremberg, Germany, in the “Einsatzgruppen Case.” Mr. Ferencz’s efforts in what has been recognized as the “biggest murder trial in history,” led to the conviction of twenty-two Nazi war criminals charged with murdering over one million people. Mr. Ferencz’s remarks to the Court highlighted the continued importance of international criminal law since the Nuremberg tribunal and the role of humanity in promoting the rule of law.

Benjamin Ferencz, former prosecutor for the United States at the International Military Tribunal in Nuremberg, Germany (Photo Courtesy of benferencz.org)

Thomas Lubanga, the former rebel leader of the Patriotic Forces for the Liberation of Congo (FPLC), has been charged with systematically recruiting children under the age of 15 as soldiers. This practice, which has been prevalent in conflicts throughout Africa, has been deemed a violation of international law. While some have called the legitimacy of the trial into question, Deputy Prosecutor Fatou Bensouda contends that Lubanga’s guilt reaches “beyond any possible doubt.” Deputy Prosecutor Bensouda further notes that “His conviction…will mean justice for thousands of victims and will send a clear message: There will be no impunity for those who recruit children.”

Reflecting on the importance of the Lubanga trial, Mr. Ferencz stressed that “this is a historic moment in the evolution of international criminal law.” Noting the magnitude of Lubanga’s crimes, Ferencz stated “The Prosecutor’s Office spoke at length, meticulously detailing grim facts establishing the responsibility of the accused for the crimes alleged. The evidence showed that waves of children, recruited under Mr. Lubanga’s command, moved through as many as 20 training camps, some holding between eight and sixteen hundred children under age 15… Words and figures cannot adequately portray the physical and psychological harm inflicted on vulnerable children who were brutalized and who lived in constant fear. The loss and grief to their inconsolable families is immeasurable. Their childhood stolen, deprived of education and all human rights, the suffering of the young victims and their families left permanent scar.” Closing the prosecution’s case against Lubanga, Ferencz encouraged the Court to “Let the voice and the verdict of [the] court now speak for the awakened conscience of the world.”

Mr. Ferencz’s comments mark a critical period in the development of international law. With the world awaiting the verdict against Mr. Lubanga, the former Nuremberg prosecutor reminds us all that international criminal law continues to “protect the fundamental rights of people everywhere.”

The full transcript of Mr. Ferencz remarks can be seen here.

For more information, please see:

Radio Netherlands Worldwide – Lubanga: Judges Deliberate First ICC Judgment – 29 Aug. 2011

Agence France Presse – Lubanga Guilty “Beyond Any Possible Doubt”: ICC Prosecutor – 25 Aug. 2011

BenFerencz.org – Speech of Mr. Benjamin Ferencz at Closing of Lubanga Case – August 2011

BenFerencz.org – Biography – 2011

Speech of Mr. Benjamin Ferencz at Closing of Lubanga Case

September 11, 2011

By Benjamin B. Ferencz
Published: August 2011
Courtesy of BenFerencz.org

This is a historic moment in the evolution of international criminal law. For the first time a permanent international criminal court will hear the closing statement for the Prosecution as it concludes it first case against its first accused Mr. Thomas Lubanga Dyilo.

I witnessed such an evolution. As an American soldier, I survived the indescribable horrors of World War II and served as a liberator of many concentration camps. Shortly thereafter, I was appointed a Prosecutor at the Nuremberg War crimes trials which mapped new rules for the protection of humanity. I was 27 years old then. I am now in my 92nd year, having spent a lifetime striving for a more humane world governed by the rule of law.

I am honoured to represent the Prosecutor and to share some personal observations regarding the significance of this trial.

The most significant advance I have observed in international law has gone almost unnoticed; it is the slow awakening of the human conscience. The 1948 Universal Declaration of Human Rights proclaimed inalienable, fundamental rights of “all members of the human family as a foundation of freedom peace and justice in the world.” Countless human rights declarations have been made over many years by many dedicated persons and organizations. But legal action to enforce the promises has been slow in coming.

In Rome in 1998, when the Statute that binds this Court was overwhelmingly approved, over a hundred sovereign states decided that child recruitment and forcing them to participate in hostilities were among “the most serious crimes of concern for the international community as a whole.” Punishing perpetrators was recognized as a legal obligation.

What makes this Court so distinctive is its primary goal to deter crimes before they take place by letting wrongdoers know in advance that they will be called to account by an impartial International Criminal Court. The law can no longer be silent but must instead be heard and enforced to protect the fundamental rights of people everywhere.

The Prosecutor’s Office spoke at length meticulously detailing grim facts establishing the responsibility of the accused for the crimes alleged. The evidence showed that waves of children, recruited under Mr. Lubanga’s command, moved through as many as 20 training camps, some holding between eight and sixteen hundred children under age 15.

Words and figures cannot adequately portray the physical and psychological harm
inflicted on vulnerable children who were brutalized and who lived in constant fear. The loss and grief to their inconsolable families is immeasurable. Their childhood stolen, deprived of education and all human rights, the suffering of the young victims and their families left permanent scars. We must try to restore the faith of children so that they may join in restoring the shattered world from which they came.

Imagine the pain of mothers crying and pleading at the door of the camps still suffering and wondering what happened to their children. Picture the agony of the father who said : “[…] he is my first son. All of my hopes were laid on him. […]the child was ruined. […] Today he can do nothing in his life. He has abandoned his education. And this is something which affects me greatly.”

All of the girls recruited could expect to be sexually violated.

All of these events which the Prosecution has carefully presented have been proved beyond reasonable doubt. Once again, “the case we present is a plea of humanity to law.” It was a call for human beings to behave in a humane and lawful way.

The hope of humankind is that compassion and compromise may replace the cruel and senseless violence of armed conflicts. That is the law as prescribed by the Rome Statute that binds this Court as well as the UN Charter that binds everyone. Vengeance begets vengeance. The illegal use of armed force, which is the soil from which all human rights violation grow must be condemned as a crime against humanity. International disputes must be resolved not by armed force but by peaceful means only. Seizing and training young people to hate and kill presumed adversaries undermines the legal and moral firmament of human society.

Let the voice and the verdict of this esteemed global court now speak for the awakened conscience of the world.

COMMISSIONER ON HUMAN RIGHTS URGES EUROPEAN COUNTRIES TO ‘COME CLEAN’ ABOUT PARTICIPATION WITH CIA ‘BLACK SITES’

September 10, 2011

By: Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

PARIS, France–On September 6, Thomas Hammarberg, the Commissioner on Human Rights, issued a statement urging European nations—and specifically Romania—to come forth and accept responsibility for a myriad of atrocious human rights violations committed at various black site locations as part of the United States’s War on Terror and the Rendition, Detention and Interrogation (“RDI”) program.

A Map of CIA black sites where detainees were held and interrogated (The Huffington Post) — A Map of CIA black sites where detainees were held and interrogated (Photo Curtesy of The Huffington Post)

The black sites are “highly secured detention facilities” which harbored “high value detainees” (HVDs) at the height of the War on Terror. After being captured, the most wanted terrorist suspects were detained in a “vast network of clandestine counter-terrorism operations.” These operations were established between “partner agencies across Europe” (and throughout the globe). Each participating country lent their “closest collaboration,” explained Hammarberg.

Once secured at the black sites, detainees were thereafter subjected to “enhanced interrogation” techniques, which “routinely crossed the threshold of cruel, inhuman and degrading treatment, and in many cases consisted of torture.”

Interrogation methods that were used included suffocation by water, prolonged stress standing (naked, with arms extended and chained above one’s head for two to three days at a time), beating and kicking, confinement in a box, which severely restricted movement, prolonged nudity, sleep deprivation, exposure to cold temperatures, and starvation.

Typically, suspected terrorists were moved around to several black site locations during a period of up to four and a half years in order to disorient and confuse the detainee and in an effort to elicit compliance.

Perhaps yet another purpose of the black sites was to mitigate United States accountability. In the “Memorandum for John A. Rizzo,” (“Memorandum”) the United States Department of Justice Office of Legal Council iterated that Article 16 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment applies to conduct within the territory under United States jurisdiction. The Office of Legal Council went on to interpret “jurisdiction” to include, “at most, areas over which the United States exercises at least de facto authority as the government.” The Memorandum further stated that “based on CIA assurances, we understand that the interrogations do not take place in any such areas,” therefore rendering Article 16 inapplicable to said CIA interrogation practices.

Maybe indicative of the highly illegal nature of the black sites, the United States has been determined to keep the locations secret. While CIA officials acknowledge that black sites did in fact exist, they deny violating any laws, and refuse to express much more. As discussed in an article entitled “CIA Holds Terror Suspects in Secret Prisons,” published in 2005 by the Washington Post, the existence and locations of the black sites were, at first, known to only a “handful of officials in the United States and usually, only to the president and a few top intelligence officers in each host country.” Despite recent efforts to uncover the exact locations of all of the black sites, the United States continues to maintain that “details concerning locations” and the “assistance of foreign liaison services in any aspect of the [RDI] program should be kept secret.” Additionally, according to an article issued by CNN, “efforts to challenge the CIA in U.S courts have been turned aside.”

While it remains to be seen how the United States may or may not be implicated under the United Nations Convention, Polish, Romanian, and Lithuanian officials—as convention members—may be held responsible for allowing the CIA to knowingly execute the RDI program and the multitude of human rights violations in their respective countries.

According to Hammarberg, Poland’s black site was opened on December 5, 2002. Between 2002 and 2003, HVDs were held and tortured at this site. While Polish officials were not involved in handling or interrogating detainees, they authorized the occurrences and for that, may be held to some level of accountability under the United Nations Convention.

Furthermore, Hammarberg went on to say that there is significant evidence which shows that Romania’s black site opened on September 23, 2003. Once Poland’s site closed, at least one HVD was brought from Poland to Romania. Romania’s site was open for at least two years. Despite the evidence to the contrary, Romania has continued to deny any wrongdoing; in fact, following Hammarberg’s statement on September 7, Romania’s Foreign Minister expressed to CNN that, “the country has no information whatsoever showing that there existed secret CIA detention centers on its territory.” Perhaps this statement speaks to Hammarberg’s conclusion that Romania has shown “little genuine will to uncover the whole truth.”

Hammarberg also noted that Lithuania—who also held high value detainees in a black site for at least two years—has been complicit in investigations. Lithuania has also demonstrated “intent to reveal the truth through a parliamentary inquiry and a one year pre-trial investigation by the Prosecutor General’s Office.”

Hammarberg concluded, saying that “the full truth must now be established and guarantees given that such forms of co-operation will never be repeated. Effective investigations are imperative and long overdue.”

For more information, please visit:

CNN.com – Council of Europe demands truth on CIA ‘black sites – 6 Sept. 2011

CNN.com – Romania denies hostin secret CIA prisons – 7 Sept. 2011

American Daily Herald – Council of Europe Criticizes U.S. and Partners Over Black Sites and Torture – 8 Sept. 2011

Council of Europe – “Special Review” of Black Sites undertaken by the CIA Inspector General – 5 September 2011

The Irish Times – U.S. Department of Justice Memorandum for John A. Rizzo – 30 May 2005

The Washington Post – CIA Holds Terror Suspects in Secret Prisons – 2 Nov. 2005