HUMAN RIGHTS WATCH IN DOUBLE CRITICISM OF SRI LANKAN GOVERNMENT

August 11, 2011

by Hibberd Kline
Impunity Watch, Asia

COLOMBO, Sri Lanka— Human Rights Watch (HRW) lambasted Sri Lanka’s government twice last week for failing to investigate and fully disclose details of atrocities by government forces during the country’s 26-year armed conflict, which ended in May of 2009.

Memorial for 17 aid workers slain while engaged in 2006 tsunami relief in an apparent mass extrajudicial execution. (Photograph Courtesy of Reuters).

In an statement released August 1st , HRW decried a report recently released by the Ministry of Defense (MOD) casting the blame for civilian deaths on Muslim militias and the defeated Liberation Tigers of Tamil Eelam (LTTE), who sought independence for the island’s sizeable Tamil minority.

In the report, which was released under mounting pressure from foreign governments and NGOs, the Sri Lankan government conceded for the first time that its forces caused civilian deaths near the end of the conflict.

However, HRW stressed that the government did not take responsibility for laws-of-war violations, which it blamed squarely on LTTE, whose atrocities are detailed in the MOD report.

The report states that government forces “adher[ed] to a ‘Zero Civilian casualty’ policy,” but that “[i]t was impossible in a battle of this magnitude, against a ruthless opponent actively endangering civilians, for civilian casualties to be avoided.”

According to HRW, the report fails to address the “thousands of civilian casualties” inflicted by Sri Lankan forces’ frequent indiscriminate shelling of civilian areas” including hospitals. HRW stressed that these incidents were comprehensively detailed by the UN, the US State Department and various NGOs.

The second prong of HRW’s criticism of the Sri Lankan government last week came two days later on the eve of the fifth anniversary of the murder of 17 Sri Lankan aid workers, 16 ethnic Tamils and one Muslim, following a battle between LTTE and government forces.

HRW used the anniversary to highlight what it described as the government’s “broader lack of will to prosecute soldiers and police for rights abuses.”

HRW’s statement alleged that “[d]espite a backlog of cases of enforced disappearances and unlawful killings going back two decades that run to the tens of thousands, there have been only a small number of prosecutions.” The statement further alleged that past efforts to address human rights violations had failed to achieve significant results.

In a scathing accusation, HRW legal and policy director James Ross said that “[t]he Rajapaksa government is not just unwilling to uncover the truth, it appears afraid of the truth.”

Foreign governments and NGOs largely acknowledge that both LTTE and Sri Lankan government forces inflicted high numbers of civilian casualties and likely engaged in war crimes during the conflict.

In 2009, Sri Lankan President Rajapaksa pledged to address the need for accountability for international humanitarian and human rights law violations.

The Sri Lankan government denies that its forces are responsible for civilian deaths during the conflict.

For more information, please see:

BBC – Sri Lanka condemned over aid workers’ deaths – 3 August 2011

Human Rights Watch – Sri Lanka: No Justice in Massacre of Aid Workers – 3 August 2011

Voice of America – HRW Calls for Investigation of Sri Lankan Aid Workers Massacre – 3 August 2011

Daily Mirror – HRW criticises SL report – 2 August 2011

JURIST – Sri Lanka report on civil war ‘whitewashes’ military atrocities – 2 August 2011

Human Rights Watch – Sri Lanka: Official Report Whitewashes Military Abuses – 1 August 2011

IN SPREADING TOWARDS THE TURKISH BORDER, AL-ASSAD’S REGIME EXTENDS ITS DESTRUCTION AND DISREGARD FOR THE VALUE OF CIVILIAN LIVES

August 11, 2011

By Adom M. Cooper
Impunity Watch Reporter, Middle East

DAMASCUS, Syria–Deciding that expanding to Deir el-Zour was not satisfactory, the Syrian government ignored Turkish pressure to cease its activities and continued to pummel through towns further east. As recently as today, 11 August 2011, The Syrian Observatory for Human Rights (SOHR) reported that the Syrian army entered the town of Saraqeb in northwestern Idlib province, detaining as many as 100 individuals.

Damaged vehicles and buildings in Hama. (Photo Courtesy of BBC)

The Local Coordination Committees of Syria, activists whom help organize and catalog the protests, reported explosions and gunfire were heard after the army descended upon the area. A resident of Saraqeb who fled the area relayed these remarks to an Al-Jazeera correspondent.

“Around 14 tanks and armored vehicles entered Saraqeb this morning, accompanied by 50 buses, pick-ups and security cars. They started firing randomly and storming houses.”

On Wednesday 10 August 2011, SOHR reported that the government assault on civilians also had extended to the towns of Taftanaz and Sermin, when 12 tanks and armored vehicles entered both towns. During this expansion, SOHR reported that at least one woman was killed and 13 were injured.

Taftanaz and Sermin are located approximately 30 kilometers (18.64 miles) east from Syria’s border with Turkey. Saraqeb is located approximately 50 kilometers (31.07 miles) southeast of Turkey’s Iskenderun province.

Further in the south of the county, rolling government crackdowns also victimized the central province of Homs. The town of Qusayr saw columns of tanks enter its borders and many activists reported that individuals were desperately trying to escape while communications with the city have been severed.

“Residents fled into the fields and all communications have been cut with the town.”

BBC reported that seven civilians were killed during the invasion, as Syrian security forces carried out mass arrests.

Syrian army units reportedly left central Hama today on 11 August 2011, as the state-run Syrian Arab News Agency (SANA) conveyed these remarks on the situation.

“The military departed after restoring the security and stability to the city that have been through tough times due to the acts of killing, terrorizing, and sabotage that were done by the armed terrorists groups.”

The Local Coordination Committees of Syria reported that clusters of individuals were killed during a siege that lined up with last week’s start of the Muslim holy month of Ramadan. After evening prayers on Wednesday 10 August, opposition activists claimed that demonstrators poured into the streets in the southern part of the city. Also, activists claimed that security forces opened fire and killed two people.

Reports of this incident could not be confirmed.

Turkish Foreign Minister Ahmet Davutoglu said on Wednesday 10 August, Turkey’s envoy to Syria, Omer Onhon, journeyed to Hama and was able to confirm that the tanks and heavy weaponry had withdrawn from the city.

The international community continues its efforts to compel al-Assad’s regime to cease its actions. On Wednesday 10 August 2011, the UN Assistant Secretary-General Oscar Fernandez-Taranco briefed the 15 members of the Security Council behind closed doors about the situation. Last week, the UNSC called for an “immediate” halt to the violence, a call that apparently did not reach or did not matter to al-Assad.

Bashar Jaafari, Syria’s ambassador to the UN, said the sovereignty of his country must never be challenged.

“Our sovereignty is a red line that must not be crossed. We know our commitments, our obligations but at the same time we know what are our rights. And our rights do not stem from any political pressure. They stem from our own political will.”

The U.S Treasury Department, taking its own measures, on Wednesday 10 August announced a block of the mobile phone operator Syriatel, the Commercial Bank of Syria, and the Syrian Lebanese Commercial Bank. Also, it declared that Americans are “generally prohibited from engaging in commercial or financial transactions with the companies. It is expected that U.S. President Barack Obama will formally call for al-Assad to step down in the next few days.

Other countries such as Saudia Arabia, Bahrain, and Kuwait have recalled their ambassadors from Damascus.

The nation-wide crackdowns have claimed some 2,000 lives since the protests began in mid-March, according to various rights groups. But with the restriction on international journalists in Syria, these reports cannot be independently confirmed.

For more information, please see:

Al-Jazeera-Syrian forces ‘storm border town’-11 August 2011

BBC-Syrian security forces ‘kill seven in Homs province’-11 August 2011

CNN-Syrian forces push into Saraqib, death toll escalates, group says-11 August 2011

New York Times-Support for Assad Government Shows Signs of Weakening-10 August 2011

The Guardian-Obama to toughen stance on Syria with call for Assad’s departure-10 August 2011

ICTJ In Focus Issue 5 August 2011

August 11, 2011

ICTJ in Focus August 2011 Issue 5

White House Press Release: Presidential Study Directive on Mass Atrocities

August 11, 2011

The White House, Office of the Press Secretary
Press Release Originally Published 4 Aug 2011

PRESIDENTIAL STUDY DIRECTIVE/PSD-10

MEMORANDUM FOR

THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
UNITED STATES TRADE REPRESENTATIVE
REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS
ASSISTANT TO THE PRESIDENT AND NATIONAL SECURITY ADVISOR
DIRECTOR OF NATIONAL INTELLIGENCE
COUNSEL TO THE PRESIDENT
ASSISTANT TO THE PRESIDENT FOR LEGISLATIVE AFFAIRS
DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
CHIEF EXECUTIVE OFFICER, MILLENNIUM CHALLENGE CORPORATION
DIRECTOR OF THE PEACE CORPS
DEPUTY ASSISTANT TO THE PRESIDENT AND NATIONAL SECURITY ADVISOR TO THE VICE PRESIDENT
DIRECTOR OF THE NATIONAL SECURITY AGENCY
DIRECTOR OF THE DEFENSE INTELLIGENCE AGENCY

SUBJECT: Creation of an Interagency Atrocities Prevention Board and Corresponding Interagency Review

Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States.

Our security is affected when masses of civilians are slaughtered, refugees flow across borders, and murderers wreak havoc on regional stability and livelihoods. America’s reputation suffers, and our ability to bring about change is constrained, when we are perceived as idle in the face of mass atrocities and genocide. Unfortunately, history has taught us that our pursuit of a world where states do not systematically slaughter civilians will not come to fruition without concerted and coordinated effort.

Governmental engagement on atrocities and genocide too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed. By the time these issues have commanded the attention of senior policy makers, the menu of options has shrunk considerably and the costs of action have risen.

In the face of a potential mass atrocity, our options are never limited to either sending in the military or standing by and doing nothing. The actions that can be taken are many they range from economic to diplomatic interventions, and from non combat military actions to outright intervention. But ensuring that the full range of options is available requires a level of governmental organization that matches the methodical organization characteristic of mass killings.

Sixty six years since the Holocaust and 17 years after Rwanda, the United States still lacks a comprehensive policy framework and a corresponding interagency mechanism for preventing and responding to mass atrocities and genocide. This has left us ill prepared to engage early, proactively, and decisively to prevent threats from evolving into large scale civilian atrocities.

Accordingly, I hereby direct the establishment of an interagency Atrocities Prevention Board within 120 days from the date of this Presidential Study Directive. The primary purpose of the Atrocities Prevention Board shall be to coordinate a whole of government approach to preventing mass atrocities and genocide. By institutionalizing the coordination of atrocity prevention, we can ensure: (1) that our national security apparatus recognizes and is responsive to early indicators of potential atrocities; (2) that departments and agencies develop and implement comprehensive atrocity prevention and response strategies in a manner that allows “red flags” and dissent to be raised to decision makers; (3) that we increase the capacity and develop doctrine for our foreign service, armed services, development professionals, and other actors to engage in the full spectrum of smart prevention activities; and (4) that we are optimally positioned to work with our allies in order to ensure that the burdens of atrocity prevention and response are appropriately shared.

To this end, I direct the National Security Advisor to lead a focused interagency study to develop and recommend the membership, mandate, structure, operational protocols, authorities, and support necessary for the Atrocities Prevention Board to coordinate and develop atrocity prevention and response policy. Specifically, the interagency review shall identify:

operational protocols necessary for the Atrocities Prevention Board to coordinate and institutionalize the Federal Government’s efforts to prevent and respond to potential atrocities and genocide, including but not limited to: identifying (standing and ex officio) members of the Atrocities Prevention Board; defining the scope of the Atrocity Prevention Board’s mandate and the means by which it will ensure that the full range of options and debate is presented to senior-level decision makers; identifying triggers for the development of atrocity prevention strategies; identifying any specific authority the Atrocities Prevention Board or its members should have with respect to alerting the President to a potential genocide or atrocity;
how the Intelligence Community and other relevant Government agencies can best support the Atrocities Prevention Board’s mission, including but not limited to: examining the multiplicity of existing early warning assessments in order to recommend how these efforts can be better coordinated and/or consolidated, support the work of the Atrocities Prevention Board, and drive the development of atrocity prevention strategies and policies; examining options for improving intelligence and open source assessments of the potential for genocide and mass atrocities; and examining protocols for safely declassifying and/or sharing intelligence when needed to galvanize regional actors, allies, or relevant institutions to respond to an atrocity or genocide; and
steps toward creating a comprehensive policy framework for preventing mass atrocities, including but not limited to: conducting an inventory of existing tools and authorities across the Government that can be drawn upon to prevent atrocities; identifying new tools or capabilities that may be required; identifying how we can better support and train our foreign and armed services, development professionals, and build the capacity of key regional allies and partners, in order to be better prepared to prevent and respond to mass atrocities or genocide.
In answering these questions, the interagency review shall consider the recommendations of relevant bipartisan and expert studies, including the recommendations of the bipartisan Genocide Prevention Task Force, co-chaired by former Secretaries Madeleine K. Albright and William Cohen.

I direct the National Security Advisor, through the National Security Staff’s Director for War Crimes and Atrocities, to oversee and direct the interagency review, which shall include representatives from the following:

Office of the Vice President
Department of State
Department of the Treasury
Department of Defense
Department of Justice
Department of Homeland Security
United States Mission to the United Nations
Office of the Director of National Intelligence
Central Intelligence Agency
United States Agency for International Development
Joint Chiefs of Staff
Peace Corps
National Security Agency
Defense Intelligence Agency

Executive departments and agencies shall be responsive to all requests from the National Security Advisor-led interagency review committee for information, analysis, and assistance.

The interagency review shall be completed within 100 days, so that the Atrocities Prevention Board can commence its work within 120 days from the date of this Presidential Study Directive.

BARACK OBAMA

President Obama Signs Proclamation, Creates ‘Atrocities Prevention Board’

August 9, 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – In an effort to curb future human rights violations, President Obama signed a proclamation that will bar human rights violators from entering the United States. Further, Obama will establish an Atrocities Prevention Board as an early warning system for future human rights violations.

President Obama plans to work proactively with U.S. allies to prevent human rights abuses. (Image courtesy of ThirdAge.com)

The Atrocities Prevention Board will be comprised of officials from the White House, the State Department, the Pentagon, and other agencies, according to The New York Times. The Board will work with U.S. allies in order to prevent atrocities as soon as there is potential for abuse. According to a fact sheet released by the White House, the new tactics aim to strengthen the United States’ ability to prevent mass atrocities.

In addition to establishing the Atrocities Prevention Board, President Obama issued a proclamation that “explicitly bars entry into the United States of persons who organize or participate in war crimes, crimes against humanity, and serious violations of human rights,” according to the fact sheet distributed by the White House. While the United States already prevents some human rights violators from entering the country, this new tactic will fill in some of the gaps.

The major reason President Obama wanted to create this board, according to The New York Times, is to avoid a situation where the president only has two options: either intervene militarily or do nothing at all.

This proclamation comes sixty-six years after the Holocaust, and seventeen years after the Rwandan genocide. President Obama stated, “[T]he United States still lacks a comprehensive policy framework and a corresponding interagency mechanism for preventing a responding to mass atrocities and genocide,” as reported by United Press International (“UPI”).

The new initiative comes in the middle of a worsening situation in Syria, where the government has taken a violent stand against pro-democracy protestors, according to The New York Times. Additionally, there are worries about ethnic cleansing in Sudan. As of now, the U.S. is imposing economic sanctions on Syria, but many are calling for harsher punishment.

Although the new initiative may not change how and when Washington addresses issues of genocide, Tom Malinowski, the Washington director at Human Rights Watch, says that “[the new] directives should help to overcome the bureaucratic resistance and indifference that often delays steps that might prevent such catastrophes in the first place,” as reported by ThirdAge.com.

The White House announced that with the new directive, “we will be able to more effectively shame those who are organizing such conduct,” according to UPI. The United States needs to stand up for humanitarian law and avoid becoming a safe haven for human rights abusers.

The Atrocities Prevention Board will be set up within 120 days from Thursday, August 4.

For more information, please visit:

ThirdAge.com — Human Rights Watch Welcomes Atrocities Initiative — 8 Aug. 2011

UPI.com — Obama Creates Atrocities Prevention Board — 4 Aug. 2011

WhiteHouse.gov — FACT SHEET: President Obama Directs New Steps to Prevent Mass Atrocities and Impose Consequences on Serious Human Rights Violators — 4 Aug. 2011

The New York Times — Obama Takes Steps to Help Avert Atrocities — 3 Aug. 2011