ICC to investigate Gadhafi for crimes against humanity

By Polly Johnson
Impunity Watch Reporter, Africa

Libyan leader Muammar Gadhafi, on Tuesday night in Tripoli, is under investigation by the ICC (Photo Courtesy of New York Times).
Libyan leader Moammar Gadhafi, on Tuesday night in Tripoli, is under investigation by the ICC (Photo Courtesy of New York Times).

TRIPOLI, Libya – Libyan leader Moammar Gadhafi has been put on notice that the International Criminal Court (ICC) will investigate him for alleged crimes against humanity.

The United Nations Security Council this week adopted a unanimous resolution that referred Gadhafi and some of his sons, closest advisors and commanders to the ICC, which will investigate Gadhafi’s regime and its violent response to the anti-government protests that began in Libya on Feb. 15. The protests are aimed at overthrowing Gadhafi from a forty-one year regime.

It is the first time that the ICC, which was created in 2002 as the world’s first permanent war crimes tribunal, has investigated an event as it is ongoing, and the second time it has investigated a sitting head of state. Omar al-Bashir of Sudan has been indicted on three counts of genocide by the court.

ICC prosecutor Luis Moreno-Ocampo made clear that though at this stage Gadhafi and his regime are only under investigation, “If their troops commit crimes, they could be made criminally responsible.

“The allegations are that peaceful demonstrators were attacked by security forces. During the coming weeks, the office will investigate who are the most responsible for the most serious incidents, for the most serious crimes committed in Libya,” Moreno-Ocampo said.

The decision of the UN sends a strong message to Libya and Gadhafi that violence against peaceful protestors will not be tolerated. Allegations against Gadhafi include security forces killing unarmed protesters, airstrikes on civilians and forced displacement.

Since the referral of the investigation, the ICC has already identified alleged war crimes committed by Gadhafi and his regime, including the shooting of protestors in Benghazi on February 15. Eight other atrocities have been identified.

Currently Gadhafi is in Tripoli, Libya’s capital, one of the few places where his supporters and forces maintain control. He has repeatedly vowed to fight to the death to retain his power.

The international community is quickly deciding how best to respond to the crippling situation. Mass casualties, threats of hunger and a refugee crisis are increasing the urgency for a foreign response. The White House has not proposed any imminent action. A “no-fly” zone was proposed earlier this week, but President Barack Obama’s national security aides cautioned that such a plan would likely have a limited impact.

Moreno-Ocampo has vowed that the investigation will move swiftly.

“No one has the authority to attack and massacre civilians. We have a mandate to do justice and we will do it.”

For more information, please see:

AP – Officials: No-fly zone may have limited impact – 9 March 2011

Arutz Sheva – Int’l Criminal Court at The Hague to Probe Libya War Crimes – 3 March 2011

CNN – Gadhafi faces investigation for crimes against humanity – 3 March 2011

Haaretz – ICC probing Gadhafi, inner circle for crimes against humanity – 3 March 2011

Telegraph – Libya: Col Gaddafi to face ICC war crimes probe – 3 March 2011

Human Rights Watch – UN: Security Council Refers Libya to ICC – 27 February 2011

22 Oil Workers Released After FARC Kidnapping

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BOGOTA, Colombia—According to Colombian officials, all but one of 23 abducted oil workers have been released by leftist rebel soldiers.  The workers are Colombian contractors who were taken against their will on Monday while working in an isolated jungle area.  They had been employed by a Canadian oil company named Talisman Energy.  The one remaining oil worker is still being held by the rebels, who are suspected guerrillas from the FARC (Revolutionary Armed Forces of Colombia).  Colombian authorities are concerned that the last hostage is being kept for use later as a human shield.

Colombian Defense Minister Rodrigo Rivera reported that the kidnapped workers were released early on Tuesday morning.  They had been taken captive the previous day while searching for crude in Vichada, an eastern province of the country.  Reports have concluded that the FARC unit that probably abducted the workers was relatively small and that the workers were kidnapped from their own camp.

President Manuel Santos has initiated a military operation in order to combat kidnappings in Colombia.  In the mission, codenamed Minotaur, the Colombian army, air force, and marines have been searching Vichada province in hopes of rescuing the final hostage.  President Santos considers this operation strong evidence that his military will soon triumph over hostage takers.  “We are not going to rest until all hostages are freed and the country is free of kidnapping,” Santos vowed.  He speculated that the FARC rebels were holding onto the last hostage to use as a human shield to repel military raids.

Talisman Energy has announced that each of the contractors was working for a firm called South American Exploration that conducts seismic studies in Colombia, Peru and Bolivia.  The company also reported that all of the hostages taken on Monday were Colombian citizens and the majority of them were members of local indigenous groups.

For more information, please see:

Washington Post-22 abducted oil workers freed in Colombia-8 March 2011

Guardian-Colombian troops rescue 22 kidnapped oil workers-8 March 2011

Wall Street Journal-Colombia Rebels Free 22 Oil Workers-8 March 2011

International Women’s Day – The Fight Against Sexual Violence Must Not Falter

The ICRC Regional Delegation for the United States and Canada is pleased to share with you this Special Edition Newsletter on the 100th occasion of International Women’s Day.

Every year, millions of women and girls continue to bear the brunt of today’s wars. This International Women’s Day, the ICRC calls on States and other entities not to relent in their efforts to prevent rape and other forms of sexual violence that harm the lives and dignity of countless women in conflict zones around the world every year.

In this Special Edition Newsletter, we take a deeper look at this important issue. We begin by sharing an interview with ICRC’s advisor on women and war, Nadine Puechguirbal, who reminds us it is wrong to consider sexual violence against women in armed conflict as inevitable.

Next, we look at how dance and theatre in the Democratic Republic of the Congo are reinforcing the message that rape victims need the support of friends and families as they reintegrate into their communities.

Finally, we feature the story of one woman in Colombia who has overcome the trauma of sexual violence and armed conflict and rebuilt a life for herself and her children with the help of ICRC.

As always, please write us with your thoughts and feedback.

Kind regards,

The ICRC Washington Delegation

Sexual Violence in Armed Conflict: Cruel, Unacceptable and Preventable

Nadine Puechguirbal, the ICRC’s adviser on women and war, talks about sexual violence in conflict, how it can be reduced and what the ICRC is doing to help victims rebuild their lives.
Is it possible to prevent sexual violence occurring in armed conflict?

Yes, definitely. It is very important not to see sexual violence as an inevitable aspect of armed conflict. States bear the primary responsibility for preventing sexual violence, and  widespread rape and other forms of sexual violence thrive in a climate of impunity. Potential perpetrators would think twice if they knew that their acts of unspeakable cruelty would not go unpunished. Sadly, they know all too often that they will “get away with it.”
Sexual violence committed in connection with armed conflict is a war crime prohibited by the Fourth Geneva Convention of 1949, the first andsecond Additional Protocols of 1977 and the Statute of the International Criminal Court. States have an obligation to prosecute anyone accused of sexual violence and to punish the perpetrators. To do so, they must have suitable domestic legislation and other measures in place. Arms bearers must obey the rules, whether they belong to government armed forces, organized non-State armed groups or peacekeeping forces.

Aid agencies can also help prevent sexual violence. For instance, women are often attacked while collecting water or firewood away from their villages. The less firewood they need, the less they are exposed to attack while collecting it. So if aid agencies provide food that needs less cooking, and stoves that burn less wood, they immediately reduce women’s exposure. But whatever we do, it is essential to consult the women about measures for protecting them and their children.

How does sexual violence affect the life of the victim?

Rape can have severe physical consequences, such as infertility, incontinence and sexually transmitted infections like HIV/Aids. Victims also suffer psychologically, as they may experience shame, humiliation and guilt, leading to severe depression and even suicide.
An additional burden is the fear of stigmatization. Many women are rejected by their families and communities after being raped. The blame for the perceived loss of honor often falls on the woman instead of on the rapist, especially if the woman has already attained puberty. The situation is even worse for women who become pregnant as a result of rape; not only may the rape be seen as “soiling” the line of descent, but a child born of rape may be abandoned or killed, and in many cases the victim or her family will seek an abortion by methods that involve serious risks to her health.
What type of help do the victims of sexual violence most need?

They need appropriate medical attention as soon as possible, both to treat their injuries and to stop them getting sexually transmitted infections, including HIV. But effective response goes beyond medical care, and includes psychological care and economic support.

Support from the victim’s family is crucial for recovery, and families need to provide a safe and understanding environment. Communities also have a fundamental role in the aftermath of sexual violence. Community leaders should play their part in promoting acceptance of victims and in stressing to members of the community that the victim is not to blame for what has happened and, above all, is not to be stigmatized.
What is the ICRC doing?

The ICRC attempts to prevent sexual violence by training armed forces and armed groups in international humanitarian law (IHL), with special emphasis on the prohibition of rape and other forms of sexual violence. The ICRC also promotes inclusion of this prohibition in national legislation and in the internal regulations and manuals of armed forces and groups. To help States meet their obligations under IHL, the ICRC makes representations to the authorities (when victims agree), providing details of alleged violations and urging proper investigation and prosecution of the perpetrators.

The ICRC has also set up programmes to support victims of sexual violence, covering medical, psychological, social and economic issues. The most innovative step has probably been to establish ICRC-supported counseling centres (maisons d’ecoute) in the Democratic Republic of the Congo, where victims of sexual violence can meet members of the community trained in psychosocial support by the ICRC. This gives them a chance to talk about their trauma, define their needs, and find ways of improving their situation.

To read the full text of Ms. Puechguirbal’s interview click here.

Sexual Violence in the Democratic Republic of the Congo: Tradition Opposes Exclusion

In the provinces of North and South Kivu, in the Democratic Republic of the Congo, the ICRC has recently seen a decline in the number of victims of sexual violence rejected by their families or communities, with a clear majority reporting no such consequences. Likely reasons for this are the efforts of the psychosocial assistants who are encouraging families and communities to accept the victims, the awareness-raising programme and the involvement of community leaders.

-Nadine  Puechguirbal, ICRC advisor on women and war

In the DRC, maisons d’ecouteprovide a safe space where victims of sexual violence can receive psycho-social support, but they also to act as a mediator between the victims and their families to encourage relatives and society to accept them on the grounds of custom.

Theatre and dance in the battle against sexual violence

A young woman falls to the ground weeping at the entrance to her house. “On my way back from market, I was attacked by strangers who threatened me with a weapon.” Her husband feels humiliated by what has happened to his wife, and throws her out.

It is a common scene in eastern Congo, an area torn for years by armed conflict. In this case, however, the scene is part of a theatrical production, and the young woman weeping is an actress. The play has been put on to raise awareness in the community, to change how victims of sexual violence are perceived, and to fight against exclusion. The event was organized, with help from the ICRC, by the maison d’écoute in Irangui (north of Bukavu).

Nearly one thousand spectators of all ages crowded around a stage improvised on a soccer field. They are from nine neighboring villages. Some of them have walked for hours through the bush to see the production. Local mwamis (traditional chiefs) address the audience between a scene from the play and a traditional dance.

“This conflict is a disaster,” says mwami Misikami Nzbiro, “we have to overcome its consequences and heal our wounds, otherwise we’ll pass on nothing but suffering to future generations.”

Though the gathering is a novelty in the region, the old people still remember back when, a few decades ago, it was the custom for people to get together for events that combined dancing, acting, and wise words from the traditional chiefs. “It is part of our ancient traditions to get together, dance and talk things over in order to overcome a traumatic experience, although our customs have been much weakened by decades of conflict,” says Mbila Mikindo, a psycho-social worker who counsels people who have suffered sexual violence. “The support of the traditional chiefs is essential in our battle to end the social exclusion of victims of sexual violence.”

Visit the ICRC website to see photos from the performance or watch a video about the maisons d’écoute.

Colombia: Rebuilding a Shattered Life

In Colombia, many of the over 3 million displaced people are women, who are particularly vulnerable to sexual violence from both non-State armed groups and the army. The armed conflict raging in Nariño, a province in south-western Colombia considered a key corridor for the trafficking of arms and precursor chemicals, has made life extremely difficult for the area’s inhabitants.

Sandra used to live in Nariño’s lush countryside. “I was living happily with my husband and four children. We had a home of our own and some animals,” said Sandra. “I sold ice cream and ready meals, and my husband worked in a mine. Our life was comfortable and we were on good terms with all of our neighbors.”

Sandra’s world fell apart one evening in September when armed men burst into her home and raped her. Her husband disappeared and she grabbed her children and fled, leaving all her possessions behind. A few months later, her husband’s remains were discovered in a mass grave. “Thank God, my children and I managed to escape with our lives. But when we arrived in Pasto, we were lost and terrified. I felt very much alone.”

Her voice filling with emotion, Sandra recalled that, when she first came to the city, an acquaintance put her up. Living conditions were rudimentary. “I had to prepare food on a wood stove and my children and I slept on the floor,” she said. “My children were unhappy, they wanted to go back home and they didn’t understand why we couldn’t. They wanted to buy things that we used to have but I had no money to give them.”

In spite of the difficulties she faced, Sandra knew that she had to fight; she had to go on living, if only for the sake of her children. In the beginning, she hoped that her husband would return and the family would be safely reunited, but that was not to be. “I went to the Red Cross and people there were very helpful. They gave us psychological and financial support. Thanks to them, I was able to follow a course in food preparation and set up a hot-dog stand.”

Sandra knows that she must make the most of the training she received and the hot-dog stand. She intends to work seven days a week in order to give her children the best possible life. Keeping busy is also a form of therapy for her.

“Things are not always easy, but we are managing,” said Sandra. “I’ve decided to settle here in the city. I want my children to have everything they need, I want to set a good example for them, and I want them to understand that, although we can’t live the way we used to, we still have each other – and that’s what really counts.”

When asked what she would say to other women who had undergone similar experiences, she replied: “I would tell them that all is not lost. I would tell them to see their suffering as a challenge to overcome, to put the past behind them and look to the future. Every day, I do my utmost to make sure that my children have a better life and new opportunities. I’m sure that any woman who has suffered what I did is capable of overcoming the past, provided she seizes every chance she is given.”

China cracks down on foreign journalists

By Joseph Juhn
Impunity Watch Desk Reporter, Asia

Foreign journalists seeking to cover a potential protest in Shanghai were detained by police officers (Photo courtesy of the New York Times)

BEIJING, China – As the anti-government protests continue to spread and topple incumbent dictatorships in North Africa and the Middle East, Chinese officials have begun to crack down on foreign journalists.

On Sunday, about a dozen foreign journalists were detained for two hours in an underground room in Shanghai attempting to cover a protest. Apparently, these journalists showed up to the Peace Cinema near People’s Square to capture images of possible protests when they saw messages on several anonymous Internet sites urging Chinese citizens to conduct a “strolling” protest against the government.

This incident is noteworthy considering the recent pattern of government crack downs on foreign journalists. Only a week ago foreign journalists were reported to being physically harassed by security officers – one videographer even being hospitalized. In response to accusations of violent police actions, China’s foreign minister, Yang Jiechi, denied the police taking any part in beating foreign reporters. He stressed repeatedly that China follows “the rule of law.”

“Foreign journalists should respect and abide by China’s laws and regulations… Beijing is a very big city with a large population. It is important to maintain normal order,” said Jiang, foreign ministry spokeswoman. Although the minister’s denial contradicts eyewitnesses and video accounts, no official investigation is known to be underway.

In Beijing and other major cities, at least a dozen other foreign journalists reported private intrusion, as they were visited in their homes by government officials who repeatedly warned not to cause trouble.

Following the recent controversial events, China announced new restrictions on foreign journalists working in China. Under the new rules, foreign journalists must now have prior government permission to interview anyone in a public area, essentially repealing the loosened reporting policy implemented at the time of the 2008 Beijing Olympics to showcase China’s more tolerant face to the world.

Such intimidation of foreign journalists is a notable shift for the communist regime a sign of the government’s fear of any antigovernment revolts like those that have swept the Middle East and North Africa in the past month.

David Bandurski, a professor at the University of hong Kong who heads the China Media Project said: “They have gone into control mode once again. What we are seeing now, in the short term, is China is closing in on itself, because it doesn’t have another answer or response.”

“Intimidation of journalists is the classic response. It is not necessarily entirely new, but it is something we have not seen for a long time,” Bandursky added.

For more information, please see:

The New York Times – Even With Protests Averted, China Turns to Intimidation of Foreign Journalists – 6 March 2011

The Washington Post – Amid fears of unrest, China imposes new restrictions on foreign journalists – 7 March 2011

Tibetan Review – China to expel foreign journalists who cover protests – 4 March 2011

INDIGENOUS RESIDENTS PEACEFULLY PROTESTING GOLDCORP OWNED MINE BEATEN AND THREATENED

By Erica Laster
Impunity Watch Reporter, North America

SAN MIGUEL IXTAHUACÁN, Guatemala – Guatemalan mine activists have been threatened, beaten, shot and kidnapped for protesting continued mining activities at the Marlin Mine in the San Miguel Ixtahuacán municipality.  Samplings of water, blood and urine of local residents revealed the presence of toxic metals and many groups are concerned with the health effects on local indigenous communities.  The Marlin Mine, used for gold mining, is owned by Montana Exploradora de Guatemala, a subsidiary of Goldcorp, a Vancouver based company.

Indigenous residents peacefully protest the governments failure to suspend Goldcorps mine activities pending further health investigations.
Indigenous residents peacefully protest the government's failure to suspend Goldcorp's mine activities pending further health investigations.

Physicians for Human Rights and the University of Michigan conducted a study early in 2010, sampling the blood and urine of residents of local Indigenous communities near the mine.  The study revealed the presence of elevated levels of copper, zinc, mercury, arsenic and lead in the sample of people living in close proximity to the Vancouver owned mine.  Following the release of the studies results, the Inter-American Commission on Human Rights (IACHR) ordered the Marlin Mine to cease operations on May 21, 2010.

The Guatemalan government announced its decision to suspend mine operations in 2010, but has failed to take action.

In mid 2010, Kristen Genovese, senior attorney for the Center for International Environmental Law (CIEL) expressed her approval of the government to suspend the mine’s operations.  “We applaud the decision of the Government of Guatemala to honor its international human rights obligations and suspend operations at the Marlin mine.”

The government, has of yet, failed to enforce suspension of the mine’s activities.

On February 28, some 200 Indigenous people protesting the government’s failure to suspend mine operations set up a blockade around the mine in San Miguel Ixtahuacán, restricting the main routes frequently used by employees and owners of the company to gain access to the mine. The protests lasted approximately 12 hours.  Led by the Front in Defense of San Miguel Ixtahuacán (FREDEMI), the protestors boarded the buses to return home when they were attacked, beaten, robbed and shot.

Two of the protests leaders granted protective measures by the Presidential Human Rights Commission, Miguel Bamaca and Aniseto Lopez, were singled out.

Lopez was reportedly taken to the office of the local mayor of Ixtahuacán, beaten, robbed of his documents and threatened. Bamaca was allegedly taken to a location known as Siete Platos and beaten by members of the Mejia family who have ties to illegal criminal activities and other neighbors who are employed by the Vancouver based company.  While Bamaca and Lopez survived the assault with serious injuries, 50 other protestors were taken hostage and are being held by members of the San Jose Ixcaniche community.

Requests have been submitted to the Ministry of the Interior to protect the families of Bamaca and Lopez.

Photo courtesy of Vancouver Media Corp.  For More Information Please Visit:

Amnesty International – Guatemalan Mine Activists Beaten And Threatened – 3 March 2011

Vancouver Media Co-Op – Indigenous Protesters Blockading Mine – 28 February 2011

Climate Connections (UN) – Indigenous Protesters Blockading Mine Owned by Vancouver-based Goldcorp Assaulted, Taken Hostage in Guatemala – 1 March 2011

Upside Down World – Guatemala To Suspend Goldcorp’s Marlin Mine – 29 June 2010