Former Yugoslav Army Official Convicted of Crimes Against Humanity

September 7, 2011

By Terance Walsh
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – Momcilo Perisic, the former head of the Yugoslav Army from August 1993 to November 1998, was convicted on Tuesday by an international tribunal at the Hague of crimes against humanity. Perisic had pleaded not guilty to the charges and now faces 27 years in prison.

The conviction was connected to attacks on civilians in Sarajevo and Srebrenica by soldiers under Perisic’s command. The court held that Perisic “knowingly aided and abetted the crimes of murder, inhumane acts and attacks on civilians” during a campaign in Sarajevo and abetted the “persecution and extermination” of people in Srebrenica in 1995. He was also convicted for failing to discipline his subordinates for murder and attacks on civilians, and injuring civilians during rocket attacks on Zagreb in May 1995. The conviction was the first by the tribunal of a Yugoslav official in relation to crimes committed in Bosnia-Herzegovina.

The court held that Perisic coordinated the Yugoslav Army’s logistical assistance to the Army Rupublika Srpska (VRS) and the Army of Serbian Krajina (SVK). The assistance included supplying VRS and SVK with arms, ammunition, and training. The logistical connection grew “more centralized, structured, and coordinated under General Perisic’s tenure,” according to presiding Judge Bakone Moloto.

Throughout the trial, Prosecutor Mark Harmon argued that Perisic did not have a direct role in the crimes but should nevertheless be held responsible.

“He never personally killed anyone, he never personally set fire to a house in Bosnia and Croatia, [but he] aided and abetted those who did all these things,” Mr. Harmon said. “This form of participation should not mitigate his responsibility.”

The judgment states “the VRS regularly made no distinction between civilian and military targets. In fact, it targeted Bosnian Muslim civilians as a matter of course . . . . [T]he crimes charged in this case were not perpetrated by rogue soldiers acting independently. Rather, they were part of a lengthy campaign overseen by top VRS officers on the Yugoslav Army’s payroll, including General Mladic.”

Although Perisic was convicted of aiding and abetting murder and inhumane acts, a superior-subordinate relationship between the VRS and its leader Ratko Mladic, who was recently indicted for genocide in Srebrenica, was not established beyond a reasonable doubt. This meant that Perisic could not be convicted as a superior in relation to the crimes.

After relying on witness testimony and other sources of information, the trial court concluded that the operations carried out by VRS were systematic. Perisic’s role was essential to the success of the VRS’s endeavors. Judges Michele Picard of France and Pedro David from Argentina formed the majority of the court that found Perisic guilty while Judge Moloto dissented.

The verdict was especially of interest to Serbia, Croatia, and Bosnia-Herzegovina. Serbia and Croatia are currently mutually suing each other for genocide at The Hague. A suit between Bosnia-Herzegovina and Serbia recently concluded with the court holding that Serbia was not directly responsible for genocide but had failed to take adequate measures to prevent it.

Serbian official Dusan Ignjatovic expressed relief over Perisic’s acquittal of being a superior in relation to the crimes. “It is also important that the trial chamber acquitted Perisic of assistance in the extermination in Srebrenica,” he said. Ignjatovic, however, was surprised that Perisic was held responsible for the attacks on Zagreb.

Belgrade Humanitarian Law Fund director Natasa Kandic reacted differently from Ignjatovic, finding liability for the attacks on Zagreb to be “appropriate.”

Bosnian officials maintain that Perisic should have received a more severe sentence. “Any sentence is too mild for what was done in Sarajevo and Srebrenica,” said Amir Zukic, Party of Democratic Action of Bosnia Herzegovina senior official.

Perisic plans to appeal his conviction. The decision to appeal must be made within thirty days. “If aiding and waging a war are qualified as crimes it can seriously reflect on international relations, ” defense attorney Novak Lukic said. “If you put things like that, than everything that is going on in Libya and Afghanistan and helping those wars needs to be taken seriously. This will be one of the main strategies in the appeal process, we believe that the Appeals Chamber will look at it more rationally.”

Born in Serbia in 1944, Perisic graduated from the military academy in 1966. He took over command of the Yugoslav Army in 1993 during the wars in Bosnia and Croatia. Throughout the 1990s he was one of Yugoslav President Slobodan Milosevic’s closest allies. However, Milosevic removed Perisic from his position in 1998 during an apparent crackdown on opposition. In 2000 Perisic formed a pro-democracy party that helped to oust Milosevic and became deputy prime minister of Serbia. He was arrested in 2002 under suspicion of selling state secrets to the United States.

For more information please see:

B92 — Ex-Yugoslav Army Chief’s Defense to File Appeal — 7 September 2011

Southeast European Times — Former Yugoslav Chief of Staff Gets 27 Years in Prison — 7 September 2011

BBC — Serbian General Perisic Jailed for 27 Years at Hague — 6 September 2011

International Criminal Tribunal for the former Yugoslavia — Tribunal Convicts Momcilo Perisic for Crimes in Bosnia and Herzegovina and Croatia — 6 September 2011

The New York Times — Serbian Official Convicted of War Crimes — 6 September 2011

China Takes Control of Two More Newspapers

September 7, 2011

By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – Two Beijing newspapers, Beijing Times and Beijing News, have been placed under the control of the Chinese Communist Party’s local propaganda department.

Two newspapers, Beijing News and Beijing Times, have come under control of the Beijing propaganda bureau (Photo Courtesy of China Media Watch).

According to Qianlong, a website controlled and operated by the Chinese government, the newspapers were taken over in an attempt to control in an advertising war waged between them and to increase the influence and competitiveness of The Beijing News.

Critics; however, view the move as retribution for the outspoken and critical articles that both newpapers have become notorious for producing. One of the affected newspaper employees expressed concern at the affect the takeover will have by stating that “it means there will be so much we can’t do. Before there was news that other papers couldn’t do but we could.”

Prior to coming under the control of the Chinese government, Beijing News and Beijing Times were both overseen by the state-level Central Publicity Department which left them essentially untouched by the directives given by Beijing city authorities and thus more capable of candid reporting.

As a result both papers became well-known for consistently publishing stories, many of which other media outlets were prohibited from covering, that were critical of local government’s around China.

Many journalists are alleging that this candid reporting is what led to the takeover. One example of the critical reporting done by the two newly censored papers was the high-speed train crash that occurred in Wenzhou in July and in which the papers harshly criticized the government’s response and poor safety standards.

In addition, Beijing News and Beijing Times both covered the controversial topic of school closures for the children of migrant workers in Beijing which has angered many human rights groups. According to a reporter at Beijing News, Beijing’s propaganda authorities had contacted the central publicity department several times to complain about what it perceived to be negative coverage.

Media analyst Wen Yunchao stated that “it’s been a headache for the Beijing propaganda authorities that they didn’t directly control the two newspapers.” According to Wen , prior to the takeover the Beijing propaganda authorities could only influence the content of the papers if they were assisted by the central publicity department but the new takeover will allow content to be controlled with greater ease.

Media experts, including Wen Yunchao, expect that the takeover will cause news content to rapidly change to alter coverage on sensitive and controversial topics in a way that will portray the Chinese government more favorably.

Fear of increased government crackdown on dissent is further fueled by the recent discovery that Chinese authorities are considering a law that would allow individuals to be detained for up to six months without notification being given to family members.

Chinese authorities have denied allegations of a crackdown and have said that the editorial policies and senior staff would remain the same.

For more information, please see:

NDT – Propaganda Bureau Takes Over Two Beijing Newspapers – 6 September 2011

The Guardian – Propaganda Bureau Takes Control of Two Beijing Newspapers – 3 September 2011

The Diplomat – Beijing Papers Taken Over – 4 September 2011

Radio Free Asia – Newspapers Face New Controls – 4 September 2011

Rally Celebrating North Africa Regime Change Postponed in Uganda

September 6, 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KAMPALA, Uganda – On Friday, 1 September, the Ugandan police prohibited a rally to celebrate the overthrow of North African dictators organized by opponents of President Yoweri Museveni. Police spokesman Vincent Sekate stated “The purpose of the rally is likely to incite the public into violence.” However, Mathias Mpuga, leader of opposition Activists for Change, denies the police allegations.

Rioters in Kampala were arrested by the police in April 2011. (Photo Courtesy of Voice of America)

On Wednesday, the security forces banned the opposition from holding the rally on the Clock Tower grounds in Kampala for security reasons. The police also heavily deployed their forces to the venue. Opposition political parties, government critics, and civil society groups were planned participants in the rally.

BBC reports Activists for Change called the rally to “celebrate people power in North Africa.” The organization also printed fliers to advertise the rally. The flier depicts crossed-out photos of ousted leaders in Tunisia, Egypt, and Libya adjacent to a photo of President Museveni as the next leader to fall.

Mr. Museveni has held office since 1986, but the opposition argues his reelection victory in February was fraudulent. Since February, Museveni’s opposition has organized several protests to challenge the rising cost of living in Uganda. In April, nine people died at a rally after security forces intervened. Officials also assaulted, arrested, and charged opposition leader Kizza Besigye during a protest, but they later dropped the charges. The police broke up these rallies with tear gas.

The protest organizers assert Uganda is ready for an uprising similar to those in North Africa. They warned police partisanship could move people towards violent insurrection rather than a peaceful demonstration. Mpuga said, “We want to do things the Tunisian or Egyptian way, but they are pushing us the Libyan way.” He added, “We have never had any intention to engage in activism that would endanger fellow activists as well as the work of other ordinary Ugandans not concerned with our protests.”

The police and the protest organizers failed to reach an agreement to hold the rally on Friday, and Mpuga commented the disagreement “is creating a lot of fear in the general public in Kampala because every time we have had standoffs with the police, we have had several people injured.” Voice of America reports some analysts suggest the opposition groups want to topple Uganda’s government, Mpuga asserts the rally does not intend to plunge the country into chaos.

On Friday, Mpuga announced “we are shifting the rally from today to Friday next week at the same time and same venue.”

For further information, please see:
The Times – Ugandan opposition delays solidarity rally – 2 Sept 11
BBC – Ugandan police ban ‘regime change’ rally – 1 Sept 11
International Business Times – Uganda Bans Rally Celebrating North African Revolts – 1 Sept 11
Voice of America – In Uganda, Planned Opposition Rally in Doubt – 1 Sept 11

What Is The EU Waiting For In Myanmar?

September 6, 2011

By Benjamin Zawacki
Originally Published by The Irrawaddy 2 Sept 2011

It is time the EU work to establish a UN-led Commission of Inquiry into crimes against humanity and other crimes under international law in Myanmar.

Four years ago this month, the people of Myanmar rose up in what became known as the “Saffron Revolution”, named after the Buddhist monks who eventually led the demonstrations. While the world initially condemned the security forces’ violent crackdown that followed, several months later the Myanmar authorities managed to deflect international criticism by announcing it would hold national elections and form a civilian government.

The international community, including the European Union (EU), has been distracted ever since, despite an abundance of information that the Myanmar government has continued to violate human rights on a massive scale. ‘Wait and see’—what the government will do before the elections, how the elections will be conducted, whether the new government will make any changes—has been the prevailing and irresponsible approach.

Meanwhile, the human rights situation in Myanmar has gone from bad to worse, with no justice for the victims. By the time the elections announcement was made, the number of political prisoners in Myanmar had nearly doubled from its pre-Saffron Revolution number to over 2,100—where it remains today. Several months afterwards, the government denied, obstructed, and/or confiscated international aid in the wake of Cyclone Nargis, turning the humanitarian disaster into a human rights crisis. And a year later, authorities arrested, tried, and unlawfully extended the house arrest of opposition leader Daw Aung San Suu Kyi.

Among the situations calling out loudest for justice and accountability is Myanmar’s ethnic minority regions. Ten months before the November 2010 elections, Amnesty International released a report on the repression of ethnic minority political activists in Myanmar, which showed that optimism in relation to the polls was being contradicted in the ethnic minority areas.

It followed a mid-2008 publication, Crimes against humanity in eastern Myanmar, whose relevance has only increased since then. The report focused on the Myanmar army’s human rights violations against ethnic minority Karen civilians on a widespread and systematic basis, which amounted to crimes against humanity. Violations included extrajudicial executions, torture, arbitrary detention, forced labour, confiscation of land and food, and forced displacement of the civilian population on a large scale, starting in late 2005.

While this was the first time Amnesty had characterized such violations as crimes against humanity, the report’s findings were consistent with our research on the country for two decades. The testimonies, collected in several countries since 1987, documented the very same crimes against civilians. They were told to us not only by the Karen, but by many other ethnic minorities as well, including the Rohingya, the Karenni, the Shan, and the Mon.

Likewise, accounts since mid-2008, especially since the day of Myanmar’s national elections last November, when hostilities were accelerated or renewed between the Myanmar army and armed groups fighting on behalf of several ethnic minorities, recall our report’s findings: serious human rights violations—some of which may amount to crimes against humanity and/or war crimes—against ethnic minority Karen, Kachin, and Shan civilians.

These include recent accounts of the army using prison convicts as porters in the fighting in Kayin (Karen) State, forcing them to act as human shields and mine-sweepers, and of rape and other sexual violence, primarily in Shan State. Reliable reports indicate that the number of displaced persons there has reached 30,000, while in or near Kachin State 20,000 internally displaced persons were reported at the end of July.

We have waited for years, even decades, and seen quite enough: these violations call for accountability. However, Article 445 of Myanmar’s 2008 Constitution—which codifies immunity from prosecution for officials for past violations—indicates that without international action, this is most unlikely.

In October 2011 the UN Special Rapporteur will be presenting a report to the UN General Assembly, which will likely adopt a resolution on Myanmar. The EU will again lead in the drafting of this resolution. In each of his reports or statements to the UN Human Rights Council and the General Assembly, the Special Rapporteur has called for greater accountability for grave international crimes in Myanmar or expressly recommended that the UN establish a Commission of Inquiry into such crimes.

While the question remains as to whether such a Commission would have access to Myanmar, a similar 1997 Commission by the International Labour Organization compensated for its denial of access partly through expert testimony, which Amnesty among others provided. Two years later, Myanmar passed a law prohibiting forced labour. Accountability must begin somewhere.

Moreover, accountability need not exclude increased humanitarian assistance and efforts to engage the new government.

Amnesty International welcomes the fact that 12 of the 16 nations that have publicly stated their support for a Commission of Inquiry in Myanmar are EU members, but regrets that neither the EU as a bloc nor several of its influential members—including Germany, Italy, Spain, and Sweden—have not done so.

After more than three years of ‘wait and see’, it is time the EU and its member states translate their concern about Myanmar’s human rights situation into public support for the establishment of a UN-led Commission of Inquiry into crimes against humanity and other crimes under international law in Myanmar.

Benjamin Zawacki is Amnesty International’s Myanmar researcher and a member of the US Council on Foreign Relations.

Sudan: Satellite Images Provide Irrefutable And Nearly Immediate Proof Of War Crimes

September 6, 2011

By John Bradshaw and Charlie Clements
Originally Published by The Global Post 31 Aug 2011

WASHINGTON — The wall of impunity that has long protected war criminals is crumbling. And that process is now accelerating through the use of technology.

Atrocities committed during military actions or in campaigns of ethnic cleansing used to be routinely denied, disputed, and covered up for years. With the advent of the International Criminal Court a decade ago, investigations and charges of war crimes, crimes against humanity and genocide began to come more quickly and the accused perpetrators have been put under a harsh spotlight while the court’s process moved forward.

Now, through innovative use of satellite imagery and analysis, these crimes are being exposed in near real time.

The latest war criminal to be caught in the act is a serial offender: Sudan’s President Omar al-Bashir. The attacks launched during the past three months by Bashir’s armed forces on Abyei, the contested border region between Sudan and the new Republic of South Sudan, and in the Nuba Mountains of South Kordofan state have the hallmarks of the tactics his regime used in Darfur. Similar attacks on civilians, forced displacements, and destruction of livelihoods in Darfur eventually led to charges of genocide against Bashir by the International Criminal Court.

Unlike in previous cases of attacks on civilians by Bashir’s regime, we don’t need to wait for fragmentary reports from the ground to be investigated to piece together what happened. This time, we have publicly available satellite imagery that shows what happened almost in real time. The Satellite Sentinel Project, initiated by George Clooney and the Enough Project, provided nearly immediate evidence of this new wave of crimes committed against the civilian population in and around Abyei town.

Now the project has provided satellite images of apparent mass graves in South Kordofan which corroborate eyewitness accounts from the ground of systematic killings and dumping of bodies into recently dug trenches.

The normal campaigns of disinformation by the Government of Sudan are easily refuted by the Sentinel Satellite Project’s reports. High-resolution DigitalGlobe satellite imagery, captured for the project, showed the presence of at least 10 Sudan Armed Forces main battle tanks, mobile artillery pieces, and infantry fighting vehicles in Abyei town.

Analysis of the images by the Harvard Humanitarian Initiative also revealed that up to one-third of civilian structures in Abyei town had been burned and corroborated the reports of mass displacement of tens of thousands of civilians.

In a new report on evidence of mass killings and mass graves in South Kordofan, the stark and compelling satellite images are not easily dismissed the way anecdotal reports from the ground have been in the past. The satellite imagery can only be optimally effective when it is used in conjunction with multiple, verified sources who witness the alleged crimes. In the case of South Kordofan, a number of brave eyewitnesses have put their lives at risk to get information out of the region that can be used in coordination with the imagery.

When the Satellite Sentinel Project was launched on December 29, 2010, many observers were skeptical. The project was dismissed as a gimmick by some who did not believe it could produce any reliable information. As the project has come into full operation, it has demonstrated that through careful, objective analysis of imagery combined with on-the-ground reporting and policy expertise, the project can constitute an important means of compiling evidence of war crimes.

Of course, the use of satellite imagery to monitor crisis situations is not new.

Governments have long used this technology to supplement other forms of information-gathering. What is new is that this information is so quickly made available to the public and particularly to those activists who follow human rights situations and advocate for policies that address them. The public pressure that can be generated by projects like the satellite project has the potential to force governments to acknowledge what is happening on the ground.

“With the advance of modern technology, particularly those technologies that were once unavailable to nongovernmental organizations, and the proliferation of social media, these governments can no longer sweep such actions ‘under the rug’,” said David Crane, former Prosecutor of the Special Court for Sierra Leone.

The evidence presented by Sentinel Satellite Project and other sources makes clear that the ongoing International Criminal Court investigation into the Khartoum regime’s actions in Darfur should be expanded to include Abyei. The U.S. government should push the United Nations Security Council to authorize such an expanded mandate.

“The Satellite Sentinel Project has provided irrefutable and nearly immediate evidence of the new wave of crimes committed against the civilian population in and around Abyei town,” said Michael Newton, former Senior Advisor to the U.S. Ambassador-at-Large for War Crimes. “No government or international organization can plausibly plead ignorance or misinformation in the face of the photographic evidence available online and in the SSP report.”

An independent team of international experts should be dispatched to Abyei and South Kordofan to investigate the alleged crimes, preserve evidence and gather witness testimony. That traditional information gathering on the ground cannot be replaced by the use of satellite imagery, but with the complementary findings of the satellite project now in play, Bashir and other war criminals are going to have a much harder time getting away with their crimes.

John C. Bradshaw is Executive Director of the Enough Project, an anti-genocide group in Washington, D.C. Charlie Clements, MD, is Executive Director of the Carr Center for Human Rights Policy at the Harvard Kennedy School.