By Brittney Hodnik
Impunity Watch Reporter, North America
GUATEMALA CITY, Guatemala – Guatemalan officials have detained Hector Mario Lopez Fuentes, a retired general and former head of the armed forces in Guatemala. He allegedly played a pivotal role in a number of massacres that occurred during the Guatemalan Civil War. Many hope the arrest will provide closure for thousands of families across the country.
Relatives of civil war victims try to identify remains. (Photo Courtesy of BBC News)
Between 1960 and 1996, Guatemala underwent a violent civil war in which security forces killed an estimated 200,000 people. The large majority of victims were indigenous Mayan Indians and other innocent civilians. Mario Minera, a rights activist told the Associated Press “this opens the possibility that there could be justice for hundreds of families” and possibly an explanation.
General Fuentes, now 81 years old, faces charges of genocide and forced disappearance – a crime in which the victim has never been found. Additionally, human rights groups are accusing him of crimes against humanity generally.
As reported by BBC News, Guatemala’s office of public prosecutions claims that Fuentes is the driving force behind the killings of more than 300 landless Mayan civilians in 1982 and 1983. While the security forces are to blame for the majority of the actual killings and disappearances, Fuentes stands accused of orchestrating it all.
According to Amnesty International, Fuentes held the title of military Chief of Staff – the third highest-ranking official in the country – under then-President, General José Efrain Ríos Montt. Montt is currently awaiting criminal prosecution himself. As of now, he enjoys immunity from prosecution while serving a term as a Congressman. Montt told a local radio station, “it was a time of war, of guerrilla wars,” and is reportedly willing to face justice for his actions in the early 1980s.
International Business Times reports that Fuentes is the highest-ranking former government official so far to be charged with such crimes related to the civil war.
Sebastian Elgueta, Central America Researcher at Amnesty International, described the arrest as a “major step toward justice for the hundreds of thousands of victims of grave human rights abuses. . . ” Elgueta believes that in order for justice to prevail, authorities should punish not only the soldiers, but also the masterminds behind these atrocities.
Guatemalan authorities have arrested other former military and police officials in recent months for their involvement in human rights abuses. “But,” said Elgueta, “most of those who planned and carried out the worst abuses are still at large and must be brought to justice.”
By Tyler Yates
Impunity Watch Reporter, Middle East
THE HAGUE, Netherlands — The International Criminal Court (ICC) issued arrest warrants today for Muammar Gaddafi, Saif al-Islam Gaddafi, and Abdullah al-Senussi for crimes against humanity that allegedly occurred across Libya from 15 February 2011 until at least 28 February 2011.
Muammar Gaddafi (Photo Courtesy of ABC News).
Specifically, the three are charged for the implementation of state policy to deter and quell, by any means, including by deadly force, demonstrations against the Gaddafi regime. Libyan Security Forces, under Gaddafi’s command, attacked, killed or injured as well as arrested and imprisoned hundreds of civilians and alleged dissidents throughout Libya during the time in question.
The ICC’s decision to issue the warrants comes after a unanimous adoption of Resolution 1970 by the United Nations Security Council on 26 February 2011. The resolution, which referred the situation in Libya to the ICC Prosecutor, stressed the need to hold accountable those responsible for the brutal attacks against the Libyan citizens. It decided “the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to the resolution.” The Security Council also urged all States and concerned regional and international organizations to cooperate fully with the ICC.
The ICC Prosecutor undertook a preliminary investigation, and it was concluded on 3 March 2011 that the crimes committed in Libya fell within the ICC’s jurisdiction, and that further investigation into the matter was necessary. On 16 May 2011 the ICC Prosecutor requested the issuance of the three warrants that were finally approved today by Pre-Trial Chamber I of the ICC.
The ICC issued the warrants because it believes there is sufficient evidence that the men did commit the crimes in question, and that their arrest is necessary to ensure their appearance before the court; to stop them from obstructing and endangering the Court’s investigations; and to prevent them from continuing to commit crimes within the ICC’s jurisdiction.
Rebels in Eastern Libya welcomed news of the warrants. Mustafa Abdel Jalil, head of the opposition’s Interim Transitional National Council, said the warrants will further their efforts to end Gaddafi’s more than 40-year rule.
The ICC has no police force of its own so it up to national authorities to make arrests on its behalf. Resolution 1970 requires Libya to cooperate with the ICC and the opposition’s Interim Transitional National Council has promised as much to the ICC Prosecutor.
Human Rights Watch points out that the ICC’s work on bringing to justice those who commit crimes against humanity in Libya is distinct from any other military or diplomatic initiatives currently taking place, and that it would be a mistake to conflate them or identify the ICC as anything other than an independent body.
In an index of failed states compiled by Fund for Peace and released by Foreign Policy this week, Somalia has topped the list for the fourth year in a row, followed by Chad, Sudan and the Democratic Republic of Congo.
In Somalia, out of a population of nearly 10 million, as many as three million are thought to be in need of humanitarian assistance. Another two million have been uprooted in the nation’s conflict with Islamist insurgents who have pledged their allegiance to al Qaeda. According to the United Nations, the country has not had a fully-functioning national government since 1991.
Demonstrators in Mogadishu. (Photo Courtesy of Getty Images)
J.J. Messner, a Fund for Peace senior associate, told CNN that just because a country is high on the list does not necessarily mean it is a failed state, but that it is facing enormous social, economic and political pressures.
“Bur for many countries, very little is, sadly, changing,” Messner said. “We see that for many countries there is very little improvement.”
Coming in second on the list was Chad. Only 23% of Chadians in urban areas have access to clean water and that number is even lower in rural areas due to a lack of sanitation facilities in the country. Life expectancy is at a mere 49 years of age. Most of the government’s money, despite being fairly wealthy from oil discoveries, goes to the purchase of arms to ward off rebel groups.
Sudan, ranked third, and its troubles have been well-documented. Violence has spread recently from Darfur to Abyei and Southern Kordofan as the nation prepares to separate into two. According to Susan Rice, the U.S. ambassador to the UN, more than 360,000 people have been displaced in Sudan in the last six months, adding to the already 2.7 million forced from their homes since fighting began in Darfur in 2003.
The Democratic Republic of Congo came in fourth on the list. Often referred to as the “Rape Capital of the World,” the UN approximates that 200,000 women have been raped there since armed conflict between various militias began in the late 1990s. In the eastern part of the country it is still commonplace for soldiers to use sexual violence against innocent villagers. The nation will face a big test in November when it holds a presidential election nearly a decade after its civil war officially ended.
The criteria used in ranking the states included mounting demographic pressures, mass movement of refugees or internally-displaced persons, vengeance-seeking group grievance, chronic and sustained human flight and uneven economic development. Additional criteria included legitimacy of the state, violations of human rights and rule of law and progressive deterioration of public services.
Three other African nations rounded out the top ten: Zimbabwe (#6), Central Africa Republic (#8) and Cote d’Ivoire (#10). Only three non-African nations made the top ten: Haiti (#5), Afghanistan (#7) and Iraq (#9).
by Zach Waksman Impunity Watch Reporter, Middle East
NEW YORK, New York, United States –Tunisia joined the International Criminal Court (ICC) on Friday, handing its instruments of accession to the Rome Statute, which governs the organization, to Ban-Ki-moon, Secretary-General of the United Nations. Its accession makes the small African nation the 116th country, but the first from North Africa and only the fourth member of the League of Arab States, to do so.
The United Nations and the ICC were pleased with the decision to join the ICC, commending the government. “This significant step is particularly important in light of the fundamental changes that have occurred in Tunisia this year,” Secretary-General Ban told the assembled press.
Due to government repression of protests regarding political freedom and unemployment, the population revolted against longtime President Zine al-Abidine Ben Ali. In January this year, he fled the country as strikes and demonstrations, nicknamed the “Jasmine Revolution,” moved into the capital city of Tunis. At the time, Errachad Majidi, a researcher for Paul Cézanne University, wondered whether the revolt’s success would create a domino effect in the Arab world. In a January 26, 2011 editorial for Afrik.com, he considered Tunisia’s situation to be unique compared to the rest of the Arab world because it was one of the more literate countries in the region. He believed this to be a potential reason for “the high level of political consciousness among the youth; the determined and peaceful nature of the revolt; and both its organization and decentralization, facilitated by the use of Internet social networks.”
“Tunisia’s accession to the Rome Statute is also a testament of the profound changes brought about by the ‘Arab Spring,’ which started in Tunisia,” said Ambassador Christian Wenaweser, President of the Assembly of States Parties to the Rome Statute in a statement to the press. Within weeks of President Ben Ali’s overthrow, similar protests in Egypt met with equal success. Several other protests of this nature have also taken place over the past few months.
Despite this apparent domino effect, Majidi remained skeptical. “Finally, for a domino effect to work, the Tunisian revolt must lead to real political change: a change that is not guaranteed,” he wrote. So far, that change appears to be happening, shortly after Ben Ali fled, the government, led by an organization of parties, associations, unions, and intellectuals, was changed into a more democratic assembly, with new elections scheduled for July 24.
Arab and Muslim states have generally not trusted the ICC, fearing that it is a political tool wielded by Western nations. Tunisia’s accession may mark a small shift in that sentiment. Reuters reported that Egypt, one of the countries who staged a successful revolution of its own, is also considering acceding to the Rome Statute and joining the ICC.
The Statute will have jurisdiction over Tunisia starting on September 1.
COLOMBO, Sri Lanka – Three days after the Tamil National Alliance (TNA) accused the Sri Lankan government of breaking up a party meeting, Sri Lankan president Mahinda Rajapaksa declined to appear before a United States district court to answer for war crimes that he allegedly committed. The thirty million dollar claim was filed by a US-based Tamil lobby firm for the supposed killing of three members of the island’s ethnic Tamil minority by government troops.
Sri Lankan President Mahinda Rajapaksa (Photo courtesy of the Associated Press)
The complaint alleges six violations of the US Torture Victims Protection Act. The plaintiffs claim that as commander-in-chief over the military, the president is responsible for torture and killings that occur during war when civilians victims exist. Justice Ministry Secretary Suhada Gamlath told AFP “under our laws, the president has immunity.” A member of the External Affairs Ministry told the Sydney Morning Herald that the courts actions were designed to embarrass the President and his government, and it would not be responded to.
The TNA said Friday morning army troops stormed into a party meeting Thursday evening and chased away supporters. The purpose of the meeting according to TNA was to discuss the upcoming local government elections scheduled for July 23rd. “Despite our security guards telling them that we are members of parliament, around thirty military personnel in their uniforms attacked with batons,” E. Saravanabawan, a Jaffna district Tamil legislator told Reuters. A statement released by TNA stated “several soldiers in full uniform, carrying automatic weapons and long poles in their hands, rushed into the hall and started assaulting the people, about thirty of them were led by an officer who wore a t-shirt and army fatigue trousers and boots.”
The TNA statement further explained that when the military arrived M.A. Sumanthiran, a TNA legislator, spoke to an officer who appeared to hold the rank of a major. The officer told the lawmaker that the meeting did not have police permission and could not continue. Sumanthiran then attempted to explain to the officer that the meeting did not require any police permission because it was an internal party meeting, and even if it did require police permission, it would be a matter for TNA and the police to resolve together, not the military. Soldiers then marched into the hall and ended the meeting.
The day after the purported attack, military spokesman Major General Ubaya Medawela said he was unaware of any military involvement in the incident but added that police had begun an investigation. On Monday, Defense Secretary Gotabhaya Rajapakse ordered the Jaffna Army Commander, Major General Mahinda Hathurusinghe, to conduct an extensive investigation of the military attack on TNA. Rajapaske, who is the president’s brother, ordered Hathurusinghe to immediately arrest the culprits, reported the state-run Sri Lanka Broadcasting Corporation. Hathurusinghe met with TNA legislators about the issue and explained that the military has no intension to disrupt the peace in the area.
This incident highlights the issues the Sri Lankan government face following a twenty-six year civil war between the government and the Tamil Tigers. The conflict ended in May of 2009 when the government defeated the rebels who fought for a separate state in the north. The government offensive that ended the war has been described as ruthless, as more than 100,000 people were killed throughout the war, and both sides have accused the other of committing war crimes. The government is now under heavy pressure from the United Nations to set up an independent investigation into crimes committed during the war.
Other members of the government of Sri Lanka are also under investigation. Dr. Palitha Kohona, a dual citizen of Sri Lanka and Australia, who served as foreign secretary during the war and is now Sri Lanka’s ambassador to the United Nations, has been accused of engineering the surrender of key rebel leaders under white flags only to have them shot by troops, reports the Sydney Morning Herald. Dr. Kohona proclaimed his innocence explaining that he never had any military authority especially in dealing with the surrender of terrorists. A petition against Dr. Kohona has been received by the International Criminal Court.
Many northern TNA lawmakers have complained about the continued poor treatment of minority Tamils and continue to plead with the government to find a solution to the problem. In response to Thursday evening’s incident Keerthi Tennakoon, spokesman for Campaign for Free and Fair Election, a non-government organization which monitors polls in the island nation stated, “This proves that there is no environment for people in the north to exercise their political rights freely. There is a semi-military administration in north.” The Sri Lankan government has said that it is doing its best to restore the country to its pre-war state and the current military ruling will be dissolved.
The next round of talks to find a solution to the country’s social problems are scheduled for June 23rd. The Sinhala Sunday newspaper The Divaina quoted government sources saying the government’s proposed plan is to give more power to the Tamils.
