Israeli Court Orders Extradition of Srebrenica Massacre Suspect

By Terance Walsh
Impunity Watch Reporter, Europe

JERUSALEM, Israel – A district court in Jerusalem on Monday ruled that Aleksandar Cvetkovic, a Bosnian Serb, should be extradited and tried in a Bosnian court for war crimes he committed in one of the worst massacres of the former Yugoslav republic’s 1992-1995 war.

The Bosnian-born Aleksandar Cvetkovic, who served in the Bosnian Serb army during the war, immigrated to Israel in 2006 with his Jewish wife and children. (Photo courtesy of European Jewish Press)
The Bosnian-born Aleksandar Cvetkovic, who served in the Bosnian Serb army during the war, immigrated to Israel in 2006 with his Jewish wife and children. (Photo courtesy of European Jewish Press)

Cvetkovic was part of an eight-man firing squad that killed approximately 1,000 Muslim Bosnians at Branjevo farm in July 1995.  Evidence in the extradition reports indicates that Cvetkovic made use of an M-84 machine-gun to speed up the killings.  The 42-year-old Cvetkovic has denied the charges against him, maintaining that he was a driver for the Bosnian Serb forces but did not participate in the massacre.

The killings were part of the Srebrenica massacre, what news sources call the “worst atrocity on European soil since World War II,” which was led by Gen. Ratko Mladic and left over 8,000 Muslim men and boys dead.

In 2006, Cvetkovic immigrated to Israel.  He obtained Israeli citizenship through his Jewish wife and resided in Carmiel prior to his arrest.  If he is convicted, he will not be allowed to serve his prison sentence in Israel because the crimes of which he is accused pre-date his immigration.

The extradition process began in January this year.  Israeli authorities arrested and arraigned Cvetkovic and held him in police custody because of “the enormity of the danger posed to the public.”

Judge Amnon Cohen decided to extradite Cvetkovic and imposed several conditions on the government of Bosnia and Herzegovina, including holding Cvetkovic in a separate, secure detention wing during his arrest, and maintaining his security if he is convicted and sentenced to a prison term.

Furthermore, the Bosnian government must allow Cvetkovic regular visits by consular representatives of the Israeli embassy in Bosnia and Herzegovina.  If Cvetkovic is convicted, the Bosnian court must impose a sentence in accordance with that prescribed by the European Court of Human Rights.

The UN war crimes tribunal in The Hague has sentenced fourteen Bosnian Serbs in connection with the Srebrenica massacre.  A Bosnian war crimes court that was set up in 2005 to assist The Hague has jailed twelve and acquitted seven who were alleged to have participated in the Srebrenica massacre.

Cvetkovic will have thirty days to appeal the Israeli Supreme Court’s decision to extradite him.  Israeli officials said that the extradition appeals process might take two years.

For more information, please see:

Al Jazeera – Israel to Extradite Citizen Over Srebrenica – 1 August 2011

European Jewish Press – Israel to Extradite Serb Accused of Srebrenica Role – 1 August 2011

Jerusalem Post – Court Rules to Extradite Bosnia Massacre Suspect – 1 August 2011

Haaretz – Israeli Man Arrested for Alleged Involvement in Bosnia Genocide – 18 January 2011

ICTJ World Report Issue 3 August 2011

ICTJ World Report Issue 3 August 2011

ICC rejects European suggestions that Gaddafi remain in Libya as part of peace plan

By Greg Hall
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – The International Criminal Court (ICC) in The Hague recently issued arrest warrants for Libyan leader Muammar Gaddafi, as well as his son Saif al-Islam, and his military intelligence chief, Abdullah Senussi. International prosecutors have accused the three of crimes against humanity, including killing civilian protestors during Libya’s Arab Spring.

A member of staff at the Libyan embassy steps on a portrait of Muammar Gaddafi, who the ICC says must be arrested. (Photo courtesy of Reuters)

The ICC dismissed suggestions by Britain and France to allow Gaddafi the opportunity to stay in Libya as part of a negotiation to entice Gaddafi to step down from power.  The ICC said that Gaddafi could not be allowed to escape justice. “He has to be arrested,” said Florence Olara, spokeswoman for the court’s chief prosecutor, Luis Moreno-Ocampo.

Olara said the decision to seek justice had been made in the UN, adding that the ICC’s arrest warrants were “legal facts” which “cannot go away”.

The court is accusing Gaddafi of crimes against humanity and of ordering attacks on civilians during an uprising against him held in February of this year.  As a result of the orders issued by Gaddafi, thousands of civilians are believed to have been killed in the attacks.

ICC presiding judge Sanji Monageng said there were “reasonable grounds to believe” that Gaddafi and his son were “criminally responsible as indirect co-perpetrators” for the persecution and murder of civilians in Libya.

“We are extremely happy that the whole world has united in prosecuting Gaddafi for the crimes he has committed,” rebel council spokesman Jalal al-Galal told Reuters news agency from the rebel stronghold Benghazi. “The people feel vindicated by such a response.”

Libya has not accepted the ICC’s decision to call for Gaddafi’s arrest.

Mohammad al-Qamoodi told a Tripoli news conference the court was “a tool of the Western world to prosecute leaders in the third world”.

He added: “The leader of the revolution and his son do not hold any official position in the Libyan government and therefore they have no connection to the claims of the ICC against them.”

For more information please see:

Guardian – Gaddafi can’t be left in Libya, says international criminal court – 26 July 2011

Huffington Post – The Prosecutor v. Muammar Gaddafi — and a Step Closer to Justice – 26 July 2011

BBC – Libya rejects ICC arrest warrant for Muammar Gaddafi – 28 June 2011

Herald Sun – Libya rejects ICC’s arrest warrant for Muammar Gaddafi – June 27 2011

Syrian Death Toll Sparks Condemnation and Foretells Future Violence

By Tyler Yates
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — To the utter shock and repulsion of much of the world, other Arab nations included, the bloody onslaught against Syrian protesters by the Syrian government continues to grow.

Syrian civilians attempt to avoid gunfire in Hama (Photo courtesy of the Los Angeles Times/Reuters TV).
Syrian civilians attempt to avoid gunfire in Hama (Photo courtesy of the Los Angeles Times/Reuters TV).

On Sunday approximately 102 people were killed throughout Syria, 76 of them from the city of Hama.  Rights activists report that the Syrian military brought a tank-based assault that included large amounts of shelling, which caused the fatalities.

The troops were not able to reach the city center, which has been under the control of protesters since mid-March, a fact that has made Hama a beacon of hope to the anti-government movement.

Hama is also of historical note due to its role in previous violent governmental attacks.  It was the site of the infamous 1982 massacre in which the military of then President Hafez al-Assad, father of current President Basar Assad, crushed an uprising by killing over 10,000 people.

This history has created a resiliency in the residents of Hama, a resiliency that has shown itself during the many months of this current uprising against Assad’s authoritarian regime, and one that may be partly responsible for the ramping up of violence by the government against the protesters.

Monday marked the beginning of Ramadan, the Muslim holy month.  Some hoped that its coming would put a halt to the violence, but that doesn’t appear to be the case.  At least 9 people were killed throughout Syria on the first day of Ramadan, and military movements suggest that there is more to come.

Ramadan could be a critical period for the Syrian protests.  It is traditional for Muslims to gather outside for nighttime prayer during the holy month, and protesters are planning to shift their rallies around this schedule.  In response to this threat the government has already begun stepping up its mass arrests of protesters.

Rami Nakhle, a Syrian activist, says that the protesters have “burned their boots,” an Arabic saying that means there is no going back.  He fears that if they stop now the military will arrest every activist in Syria.  They can either win or sacrifice all those who are fighting.

Arabs around the world are reacting strongly against Assad’s brutal attacks, but most Arab governments have remained silent.  This is likely because they do not wish to stir up trouble in their own backyards, fearing the power of the protest, a fear that does have some basis in fact.  The United States and European Union have also condemned the attacks, but any Western involvement is both unlikely and imprudent due to its current campaigns in Libya against Muammar Qaddafi.

Despite the nearly universal condemnation of Assad’s actions there appears little want to apply pressure to his ousting as president.  The international community is concerned that his departure could leave a power vacuum in Syria, triggering nationwide instability and civil war.

For more information, please see:

Boston Globe — Syria steps up attacks, seeking to crush revolt in city of Hama — 2 Aug 2011

NPR — Syrian Opposition Echoes Cry for Liberty or Death — 2 Aug 2011

Al Jazeera — No Ramadan respite for Syrian protesters — 1 Aug 2011

New York Times — In Middle East, a Restive First Day of Ramadan — 1 Aug 2011

Reuters — Arabs angry over Syria crackdown but governments silent — 1 Aug 2011

Political Asylum Denied More Frequently in El Paso

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – A report this week shows disturbing numbers regarding political asylum petitions in the United States.  Specifically, two El Paso judges have denial rates well above the national average.  The El Paso, Texas location deals mostly with immigrants seeking asylum from Mexico or Central America locations.

Mexican journalist Emilio Gutierrez in New Mexico in 2010. (Image courtesy of New York Times)
Mexican journalist Emilio Gutierrez in New Mexico in 2010. (Image courtesy of New York Times)

The Transactional Records Access Clearinghouse (“TRAC”) is a non-partisan center based at Syracuse University.  The TRAC reports on the enforcement activities of the federal government, according to The Texas Tribune.  This most recent report found that the national average for judges who have heard 100 cases or more is a denial rate of 53.2%.  Judges William L. Abbott and Thomas C. Roepke however, have denied political asylum to 83.3% of their combined 346 cases.

Furthermore, the TRAC study notes, “the unusual persistence of these disparities – no matter how the asylum cases are examined – indicates that the identity of the judge who handles a particular matter often is more important than the underlying facts,” according to The Washington Independent.

According to The El Paso Times, in order to obtain political asylum, a person must show a well-founded fear of persecution based on his or her race, religion, nationality, or political opinion.

Mexican journalist Emilio Gutierrez fled Chihuahua, Mexico after receiving threats from the Mexican military.  He believes that if he and his teenage son return to Mexico, it is a certain death sentence, as reported by The Texas Tribune.  Gutierrez’s attorney, Carlos Spector is aware of the problems with the asylum process.

“There is a political predisposition by the judges to deny Mexican asylum claims for political and policy reasons,” Spector told The Texas Tribune.  Another immigration attorney, Jacqueline L. Watson told the Texas Tribune that it is difficult to convince judges that there is an imminent threat to life or liberty.

However, Mexico certainly has a long history of terrible human rights abuses.  Many judges deny political asylum citing the fact that things are supposedly getting better in Mexico.  “Tell them to go live in Juarez to see if it’s getting better,” Gutierrez told The Texas Tribune. 

The Washington Independent reports that many judges deny asylum specifically to Mexican immigrants because the United States has already provided political and financial backing to help fight drug cartels.  Granting political asylum could harm relations, suggesting that the [Mexican] government could not protect its own citizens.

The Syracuse report further noted that the system is overwhelmed causing major delays in the asylum process.  Consequently, Gutierrez’s case has been postponed until May 2012.

For more information, please visit:

Hispanically Speaking News — Immigration Judges at Border Have Higher Rate of Denying Asylum Petitions — 1 Aug. 2011

The Washington Independent — El Paso Immigration Judges Deny Asylum Requests at Higher Rate Than National Average, Finds Report — 1 Aug. 2011

El Paso Times — Law Inhibits Many Mexican Asylum Cases — 31 July 2011

The Texas Tribune — Border Asylum Judges Deny Most Petitions — 31 July 2011