Syria Justice and Accountability Centre: Race to the Ballot Box – UN Must Learn from Past Mistakes, Avoid Pre-Mature Elections in Syria

SJAC Update | December 12, 2017
Syrians cast their vote in a controversial presidential election in 2014. Although the government claimed voter turnout was at 73%, many observers criticized the process and said the results were illegitimate. | Photo from Wikimedia

Race to the Ballot Box: UN Must Learn from Past Mistakes, Avoid Pre-Mature Elections in Syria

Last week, the eighth round of UN-sponsored peace negotiations between the Syrian government and the opposition began in Geneva. Leading the talks, Syria Special Envoy Staffan de Mistura prioritized discussion of elections. In March 2016, de Mistura had proposed an 18-month timeline for the election date, and the issue has continued to be on the top of his agenda. His emphasis on elections is likely a strategic one. Elections would symbolize a turning point in the conflict and signal that recovery is on the horizon. It would also lessen an overwhelming obstacle in the negotiations – who will lead in post-conflict Syria – by leaving the decision to the Syrian public. Despite these benefits, the Special Envoy should bear in mind lessons-learned from past transitional elections and avoid prioritizing a short-term win over adherence to best practices.

Some scholars argue the promise of early elections is vital to peace and democracy in post-conflict settings because they facilitate peace settlements, encourage international actors to contribute peacekeeping forces, and expedite democratization processes. But elections also carry a number of risks, particularly in unstable post-conflict contexts:

  1. Renewed violence: In transitional elections, security issues are a primary concern. Early elections in the absence of demobilization or disarmament efforts increases the likelihood that one side to the conflict will reject the results and return to armed conflict. This is especially true when there is no means of power-sharing and government institutions have not been rebuilt. In 2010, a presidential election in Côte d’Ivoire descended the nation into a renewed civil conflict after losing candidate Laurent Gbagbo refused to cede power and forces loyal to each candidate took up arms.
  2. Inaccessible ballot locations: Insecurity and violence will also prevent voters from going to the polls. Moreover, some 11 million Syrians have fled their homes since the war began. Ensuring that displaced peoples have a safe, confidential, and practical means of voting will require resources, infrastructure, and coordination with states that are hosting refugees. Without security at ballot boxes or an opportunity for the displaced to vote, the results of any election will be skewed and seen as illegitimate.
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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War Crimes Prosecution Watch: Volume 12, Issue 20 – December 11, 2017

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 20
December 11, 2017

Editor-in-Chief
James Prowse

Technical Editor-in-Chief
Samantha Smyth

Managing Editors
Rina Mwiti
Alexandra Mooney

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan & South Sudan

Democratic Republic of the Congo

Burundi

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

Mali

EAST AFRICA

Uganda

Kenya

Rwanda (International Criminal Tribunal for Rwanda)

Somalia

NORTH AFRICA

Libya

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

Iraq

Syria

Afghanistan

AMERICAS

North & Central America

South America

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives

WORTH READING


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To unsubscribe from this group and stop receiving emails from it, send an email to warcrimeswatch+unsubscribe@case.edu

Syria Deeply: Diplomacy and deadlock in Syria; Moscow declares end of ISIS and partial withdrawal of Russian forces

Syria Deeply
Dec. 12th, 2017
This Week in Syria.

Welcome to Syria Deeply’s weekly summary of the top coverage of the crisis in Syria.

As part of our Deeply Talks series, Syria Deeply will host a live 30-minute conversation with Rami Khouri, senior public policy fellow at the American University of Beirut, and Maxim Suchkov, editor of Al-Monitor’s Russia-Mideast coverage, about the recent flurry of diplomatic discussions that aims to set the stage for a settlement to the near seven-year conflict. To RSVP and to receive dial-in instructions, click here. To submit questions for our editors or guests, email our community editor Kim Bode (kim@newsdeeply.com) or tweet us @SyriaDeeply with the hashtag #DEEPLYTALKS.

Peace Talks: The Syrian government’s delegation returned to Geneva on Sunday to rejoin United Nations-sponsored peace talks, just a day before Kazakhstan’s foreign ministry announced that a new round of negotiations in Astana is scheduled to start next week.

Two-day talks in the Kazakh capital are expected to begin December 21, days after U.N.-sponsored discussions in Geneva are expected to end. The U.N. special envoy for Syria, Staffan de Mistura, previously said talks in the Swiss city would run until December 15, but as of Tuesday it remained unclear how long negotiations will continue.

The lead negotiator in the government’s delegation to Geneva, Bashar al-Jaafari, quit negotiations more than a week ago, and said that there would “be no progress” as long as the opposition did not reverse its call for the removal of President Bashar al-Assad before the start of a political transition.

As they have in previous rounds of Astana negotiations, representatives from Russia, Iran and Turkey are expected to attend the talks later this month. However, Iraq’s ambassador to Russia, Haidar Mansour Hadi, said on Tuesday that Baghdad would also like an invitation to Astana, according to Russian TASS news.

“I want to ask the Russian leadership to invite Iraq to attend the talks in Astana,” Hadi said in a meeting with Russian politician Konstantin Kosachev.

Putin’s Promises: President Vladimir Putin said he ordered a “significant part” of Moscow’s troops to begin their withdrawal from Syria on Monday, during a surprise visit to Russia’s Hmeimim air base near the coastal Syrian province of Latakia.

“The conditions for a political solution under the auspices of the United Nations have been created,” Putin said, according to Reuters. “Friends, the Motherland is waiting for you. You are coming back home with victory,” he said, according to the Associated Press.

Russia’s commander in Syria, Gen. Sergei Surovikin, said Moscow will withdraw “23 warplanes, two helicopter gunships, special forces units, military police and field engineers.” He did not specify how many soldiers and weapons would remain, but said it would be enough to “successfully fulfill the tasks” of stabilizing the situation in Syria, according to the Associated Press.

Putin has previously made similar statements but they did not result in a major or permanent withdrawal of Russian forces from Syria.

Moscow’s decision comes days after it declared the complete defeat of the so-called Islamic State in Syria. “There is not a single village or district in Syria under the control of [ISIS]. The territory of Syria has been completely liberated from fighters of this terrorist organization,” senior military officer Sergei Rudskoi told reporters.

Syria Deeply has not been able to independently confirm the absence of ISIS in every “single village or district” in the country.

Read our Daily Executive Summaries

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ARTS & CULTURE

Women at the Forefront of Saving Syria’s Heritage

Syrian women at home and abroad are leading efforts to safeguard Syria’s cultural heritage and ensure that traditions are preserved in the wake of years of conflict and widespread displacement.

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WAR ECONOMY

Eyes on Damascus: Exchange Rates, Financial Restrictions and Subsidized Fuel

As the Syrian government and foreign powers look to wind down the war in Syria, we are closely monitoring developments on the ground in the capital for our monthly report from Damascus.

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HUMAN RIGHTS

Escaping Europe: Why Some Syrian Refugees Have Chosen to Leave

The route from Turkey to Greece was once crowded with Syrian asylum seekers fleeing to Europe. But in recent months some refugees have begun to move in the opposite direction because of what they describe as a rise in anti-Muslim sentiment in host countries.

973ab3c3-9b8d-4a6d-9ac8-50621f4257fe.png EDITOR’S PICKS

Community Insight

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CIVIL SOCIETY

Conversations: Life as a Paramedic During ISIS’ Rule of Raqqa

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Youmna al-Dimashqi,  Independent Syrian Freelance Journalist

For medical professionals in ISIS’ former stronghold of Raqqa, trying to save lives meant risking shelling, airstrikes and arrest.

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OPPOSITION GROUPS & REBEL FORCES

Syria’s Largest Militant Alliance Steps Further Away From al-Qaida

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Mona Alami,  Nonresident Fellow, Atlantic Council’s Rafik Hariri Center for the Middle East

The Hayat Tahrir al-Sham Alliance is distancing itself from hard-line al-Qaida loyalists in its latest attempt to reinvent itself as a pragmatic local player among the opposition, writes Levant researcher and journalist Mona Alami.

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DISPLACEMENT

A Nation in Pieces: Views From Syrians in Exile

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Sima Ghaddar,  Contributor, The Century Foundation

Syrians living in Lebanon, Europe and the U.S. reveal a common conviction that national unity and a common sense of identity are necessary to rebuild the country, but most say that both seem distant in a country divided along ethnic-sectarian lines.

FIRST LOOK

Upcoming coverage

We are always looking for new writers, experts and journalists who are covering the crisis in Syria and are interested in writing about a variety of topics. Please send us your ideas, story pitches and any other thoughts about our coverage via email, Twitter or Facebook.

Miami Herald Publishes Investigation into Abuses of Florida Juvenile Justice System

By: Karina Johnson
Impunity Watch Reporter, North America

MIAMI, Florida — On Tuesday, October 10, the Miami Herald published a series of the results of a 2-year long investigation into the Florida Department of Juvenile Justice’s history of abuses toward juveniles in their care.

The entrance to the Palm Beach Youth Academy in West Palm Beach, FL. Photo Courtesy of Emily Michot, Miami Herald.

This investigation was launched following the death of 17-year-old Elord Revolte, who was beaten to death by fellow detainees on August 30, 2015, and was at least the twelfth questionable juvenile detainee death since 2000.  The investigation examined a 10-year span of records ranging from incident reports, investigations, court cases, archived surveillance tapes and interviews with former inmates, their families, guards, and other staff members.

Allegations range from fights between the detainees set up by staffers for their entertainment (Palm Beach Juvenile Correctional Facility), to multiple counts of confirmed sexual relationships between staff and detainees, to a severe medical neglect of detainees.

Elord Revolte’s death was an instance of a ‘honey-bun hit’, where a staffer would offer a honey-bun—or some other kind of sweets, fast food, etc.—as a bounty in exchange for beating up the targeted inmate.  This food bounty would allow the staffers to avoid Abuse Hotline charges by turning detainees into enforcers in order to outsource discipline. The DJJ investigation estimates between 12 and 16 other detainees participated in the assault upon Elord.

According to the DJJ’s Investigation Report into the matter, Elord was placed on medical confinement for a “24-hour concussion precaution” following the August 30 assault. On the morning of August 31, he complained of a “crackling” chest pain and told a nurse that he needed to go to the hospital.  Around 4:45 p.m., Elord was taken by a nurse to the hospital in a state vehicle.  He was admitted to Jackson Memorial Hospital’s emergency room at 5:17 p.m. Elord Revolte died at 11:05 p.m., 30 hours after the assault as a result of a heart attack caused by his extensive internal bleeding.

Five juvenile justice officers were fired by the DJJ as a result of the investigation for poor performance, negligence, and failure to perform duties as assigned.

Following the publication of the Miami Herald series ‘Fight Club’, the Secretary of the Department of Juvenile Justice Christina Daly, issued a press release stating:

“DJJ has not, does not and will not ever tolerate or condone mistreatment of children in our care. Staff who are not well intentioned to help transform the lives of our children have no place within this agency. Anyone who is found to have encouraged, enticed, or ordered youth to engage in fights or assault other youth is, and will be, held accountable to the full extent of the law, including criminal prosecution. We consistently work to identify, investigate and hold fully accountable any staff member who does not meet our high standards – both within DJJ facilities and with our contracted providers.”

According to the DJJ, one of their biggest problems is a 60% turnover rate for entry-level officers due to low pay.  Other issues include inadequate background checks that result in the hiring of personnel with a history of violent and sexual abuses, as well as a tolerance for cover-ups.   However, in a presentation to the Senate Criminal Justice committee, Secretary Daly stated that the “crime rate among Florida youth has dropped by 37 percent since 2010, and the state has also seen a sharp drop in the number of children arrested or placed in DJJ custody,” and that the arrest rate for girls dropped by more than half.

The Miami Herald reports that over the past 10 years, “DJJ has investigated 1,455 allegations of youth officers or other staffers failing to report abusive treatment of detainees— or, if they did report an incident, lying about the circumstances. That’s nearly three times a week.”

For more information, please see:

Miami Herald – Despite challenges, Florida’s juvenile justice system continues to improve – 10 November 2017

Florida Politics – Juvenile Justice Secretary talks ‘Fight Club’ during Senate presentation – 23 October 2017

Miami Herald – Juvenile justice chief defends agency, calling abuses ‘isolated events’ – 23 October 2017

Tampa Bay Times – Fight Club: Dark secrets of Florida juvenile justice – 11 October 2017

Florida Department of Juvenile Justice – Setting the Record Straight: Miami Herald Omits Facts, Ignores Reforms in Series Targeting DJJ – 10 October 2017

Miami Herald – Dark secrets of Florida’s juvenile justice system: A Miami Herald investigation – 10 October 2017

Miami New Times – After Herald Catches Prison Guards Running Child “Fight Clubs,” State Attacks Reporters – 10 October 2017

Miami Herald – 5 fired at Miami-Dade lockup where teen died in beat-down – 30 September 2015

Female Leaders Tackle Gender Equality at Summit in Iceland

By Jenilyn Brhel
Impunity Watch Reporter, Europe

REYKJAVIK, Iceland – Over 400 political leaders from around the world gathered in Iceland on Wednesday, November 28th to discuss gender equality.

Former President of Iceland Vigdis Finnbogadottir. Photo Courtesy of David Keyton.

The group, comprised mostly of female political leaders, convened to address barriers to progress in the quest for gender equality.

The summit, held annually, is sponsored by the Women Political Leaders Global Forum, an organization intent on increasing the number of female political leaders in the world, in collaboration with the Council of Women World Leaders, a network for female prime ministers and presidents.

The theme of this year’s summit was “We can do it!”, a reference to Iceland’s success in achieving gender equality.

Iceland is known for being a champion of gender equality. For the past nine years, the World Economic Forum has identified the country as having the smallest gender gap, with pay being a factor considered along with life expectancy and access to educational opportunities. Iceland has the highest employment rate of females worldwide, with 8 out of 10 women there employed.

Iceland was the first country in the word to elect a female president. In 1980, Vigdis Finnbogadottir defeated three male candidates.

There is a great disparity in the ratio of male to female political leaders in other parts of the world. Women make up only 7 percent of heads of state and comprise less than a quarter of parliamentary seats worldwide.

The pay gap is another topic of concern. The World Economic Forum’s most recent index suggests that under current trends it will take another 217 years for the pay gap to close between men and women. In Iceland, the pay gap is projected to close by 2022.

On November 20th, the European Union recommended a two-year plan to close the gender pay gap. The plan recommends sanctions for companies that do not provide equal pay as well as the monitoring of policies to ensure discrimination is not taking place.

On average, women earn 16.3 percent less hourly than men. This number has remained steady for the past five years.

In addition to addressing pay gaps and the lack of political diversity, the summit addressed the recent tide of allegations of rampant sexual harassment throughout the world.

“That kind of behavior, which is now deemed widely unacceptable, has been one of the barriers to women getting ahead,” said New Zealand Prime Minister Helen Clark. “Lots of sectors — parliaments, film industries and others — are having to face their past and say, ‘We are going to do it better.’”

While strides have been made in terms of achieving greater gender equality, proponents believe there is much left to be done. At the summit, Finnbogadottir received an honorary award at and addressed the crowd.  “Gender equality has changed tremendously in Iceland since then but we still got some ways to go,” she said.

For more information, please see:

Reuters – EU Proposes Two-Year Plan to Close Gender Pay Gap – 20 November 2017

The Guardian – Only 23% of the World’s Politicians are Women. It’s Time for That to Change – 29 November 2017

Press Herald – Iceland Summit Stresses Gender Equality in Politics – 29 November 2017

The Washington Post – Women Leaders Tackle Gender Equality at Iceland Summit – 29 November 2017

The New York Times – A Man Among Female Leaders: ‘The Risk of Mansplaining Is Very High’ – 2 December 2017