[Amnesty International] Universal Jurisdiction: UN General Assembly Should Support This Essential International Justice Tool

On 05 October 2010, Amnesty International’s issued “Universal jurisdiction: UN General Assembly should support this essential international justice tool”, (available at: http://www.amnesty.org/en/library/info/IOR53/015/2010/en).

In this paper Amnesty International provides some additional information to that provided in the UN Secretary-General’s analytical report concerning 44 state reports (U.N. Doc.A/65/181, of 29 July 2010), as well as information on legislation and practice in some states which have not submitted reports to the Secretary-General with regard to Res.64/117 on “The scope and application of the principle of universal jurisdiction”.

In particular, the organization brings to the attention of states information compiled and analyzed in its September 2001 722-page global study of state practice concerning universal jurisdiction in approximately 125 states, its review of universal civil jurisdiction, a study of state practice concerning aut dedere aut judicare published in February 2009 and its recent steps to update the September 2001 global study in its No safe haven series on universal jurisdiction. In addition, Amnesty International notes some of the extensive information available from intergovernmental organizations, international criminal courts and other international organizations that is not discussed in the Secretary-General’s analytical report.

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GAY RIGHTS AT THE FOREFRONT IN THE WAKE OF HATE CRIMES & SUICIDES

By Erica Laster: Impunity Watch Reporter, North America

NEW YORK, United States – “It is tragic to see what hate can do,” says President of the Human Rights Campaign for gay rights, Joe Solmonese.  Solmonese is among the many activists who believe that the perpetrators of crimes against gay victims should be prosecuted.  His statement comes on the heels of the arrest of 8 members of a New York gang for the battery and sodomy or four victims.  The attacks began after the Latin King Goonies, as the gang is known, learned of the sexual orientation of an aspiring member. 

9th suspect, Ruddy Vargas, remains at large in wake of hate crimes committed. Photo courtesy of cnn.com.
9th suspect, Ruddy Vargas-Perez, remains at large in wake of hate crimes committed. Photo courtesy of cnn.com.

New York City Police Commissioner Ray Kelly announced that one suspect is still believed to be at large.   Kelly indicated that the gang forced the 17-year-old pledge into an unoccupied apartment around 3:30 a.m. Sunday.  After being questioned about his relationship with a 30-year-old man, the gang stripped him of his clothes, hit him with a beer can and used a box cutter on him before sodomizing him with the handle of a wooden plunger.

At 8:30pm that night, another 17- year-old was lured to the same apartment and questioned before being robbed and beaten.

At 9:30 pm, the gang found the 30-year-old man and lured him to the same location.  The man was stripped naked and tied opposite the 17- year-old before the teenager hit and burned the man with cigarettes under duress by the gang.  The 30-year-old was assaulted and sodomized with a baseball bat before being dumped outside of his home, according to Police Commissioner Kelly. 

The suspects then raided an apartment the 17-year-old shared with his brother, holding the teenager for ransom to force his brother to give the gang money.  After hearing his  younger brother’s voice on a cell phone telling him to give the gang the money, the brother complied before being tied up and left in the apartment.

A search of the apartment Wednesday revealed little information, which Commissioner Kelly believe resulted from the suspects bleach cleaning and repainting the walls.  All of the suspects are residents of the Bronx and despite 5 of the 8 being 16 and 17-year-olds, all of them will be tried as adults. 

Gay rights groups continue to address the upsurge in violence in their community.  Since July, at least 4 teenagers have committed suicide as a result of anti-gay targeted bullying, including one Rutgers University student, Tyler Clementi, whose suicide shook the nation after his roommate live streamed his sexual encounter with another male student online.

The law has been slow to catch up with punishment for the deaths of the victims.   The Human Rights Campaign however continues to fight and will this week descend upon Salt Lake City, Utah to force a senior Church leader to rescind anti-gay comments. 

For More Information, Please Visit:

Washington Post – U.S. Gay Rights Leaders Headed to Utah – 8 October 2010

Washington Post – Suicide Surge – U.S. Schools Confront Anti-Gay Bullying – 9 October 2010

CNN – 8 arrested in String of Anti-Gay Hate Crime in New York – 10 October 2010

Argentina Protests UK Military Tests on Falklands

By R. Renee Yaworsky
Impunity Watch Reporter, South America

Falklands war veterans protest in Buenos Aires. (Photo courtesy of Voice of America)
Falklands war veterans protest in Buenos Aires. (Photo courtesy of Voice of America)

BUENOS AIRES, Argentina—Argentina has protested Britain’s plan to conduct military exercises, including firing missiles, on the nearby disputed Falkland (or Malvinas) Islands.  Britain disclosed the plan last week.

President Cristina Fernandez de Kirchner of Argentina let her reaction to the planned exercises be known via Twitter, tweeting that it would be “a militarization of the South Atlantic.”  She went on to call the situation, “Serious, very serious,” and wrote, “Typical nineteenth century colonialism.  Anachronistic use of force in violation of international law.  They do not care.  A clear example of double standards.”

The President also said she would summon Shan Morgan, the British ambassador, and referred to the British Navy as “pirates for ever?”

An official statement by the President declared, “The Argentine Government reiterates that the Malvinas . . . , part of the Argentine Republic and unlawfully occupied by the United Kingdom, are in dispute, which is recognised by the United Nations and other international organisations.”

In a letter sent to the British embassy in Buenos Aires, Argentina’s Deputy Foreign Minister Alberto D’Alotto wrote:  “The Argentine government expresses its formal and energetic protest to this planned military exercise and demands the British government refrain from carrying it out.”  D’Alotto has called Britain’s plan “an unacceptable provocation.”

British companies have been hunting for oil around the Falklands.  Earlier this year, the Rockhopper Exploration company claimed to have been the first to discover oil in the North Falkland Basin.  As the archipelago is situated on Argentina’s continental shelf, Argentina has claimed sovereignty over it and considers Britain’s presence an affront to that sovereignty.  Argentina has said that the Islands are within its sphere of economic influence and has promised to legally prevent Britain from accessing any oil in that area.  The President has previously vowed an “eternal fight” to claim the Islands, though without force.

There is a history of acrimony between Argentina and Britain.  In 1982, they waged war for 10 weeks over the Islands, resulting in the deaths of over 600 Argentine and 255 British troops.  Today, Britain keeps a permanent presence of 1,076 troops and four ships on the Islands.

Argentine veterans of the Falklands war have protested Britain’s upcoming exercises and demonstrated in front of the National Congress in Buenos Aires.  Many carried signs with messages such as, “The Malvinas are Argentine,” and “English Go Home.”

A spokesperson from the British embassy has said that the  military tests are “routine and are carried out every six months,” and that therefore, “[w]e are a little taken aback” by Argentina’s protest.

For more information, please see:

Press TV-Argentina protests to UK over drills-10 October 2010

Voice of America-Argentina Protests British Military Exercises on Falklands-10 October 2010

Telegraph-Royal Navy are pirates, says Argentina’s president-10 October 2010

Reuters-Argentina protests UK Falklands military exercise-9 October 2010

Nobel Peace Prize, no pleasant Surprise for chinese


Protestors demanding a release of Liu, this year’s Nobel Peace Prize recipient (Photo courtesy of BBC)

By Joseph Juhn
Impunity Watch Reporter, Asia

BEIJING, China – When a group of people – two dozen bloggers, rights lawyers and academics – gathered at a Beijing restaurant to celebrate the awarding of the Nobel Peace Prize to the jailed Chinese dissident Liu Xiaobo, the police rushed in and arrested them.

Although 10 of the 20 people who had been picked up were released, three of them were given eight-day jail terms under the charge of “disturbing the peace” and seven were escorted out of Beijing, according to Zhang Zuhua, an activist who is in touch with the detainees.


Liu Xiaobo, the 54-year-old scholar and author, who won the Nobel Peace Prize for his outstanding contribution to human rights, is currently serving an 11-year sentence on charges of “inciting subversion of state power” imposed after an allegedly unfair trial. 

Liu is widely recognized amongst activists as a prominent government critic who has repeatedly called for human rights protections, political accountability and democratization in China.

Ever since the Norwegian Committee announced the winner of the prize, the Chinese government reacted with unrestrained anger.

In a series of attempt to downplay the awarding of the prize, the chinese Government called in the Norwegian ambassador in Beijing for a dressing down, placed a number dissidents under house arrest and blocked nearly all Internet sites and news media from disseminating any information regarding the Nobel Peace Prize.

It was impossible for Chinese citizens or Web surfers to learn about the honor bestowed on their countryman. Plugging “Liu Xiaobo” or “Nobel Peace Prize” into a search engine resulted in blank screens and error messages.

Only the Global Times, an English-language newspaper controlled by the Chinese government, contained information on the prize, although in completely contrasting tone.

Liu, the newspaper’s unsigned editorial said, is “an incarcerated Chinese criminal.” Awarding him the prize was a “paranoid choice” that was “meant to irritate China.” The Nobel Peace Prize has been “degraded into a political tool that serves an anti-China purpose.

“It seems that instead of peace or unity in China, the Nobel committee would like to see the country split by an ideological rift, or better yet, collapse like the Soviet Union,” the editorial said.

Zhou Xiaozheng, director of the law of Sociology department at People’s University in Beijing, when asked about to which extent people are aware of either Liu or the Nobel Peace Prize, said, “[t]hey don’t know, and they don’t want to know, because it’s dangerous to know.”

“As soon as I hear a foreign journalist wants to know about the Nobel Peace Prize, I can sense the danger,” said Zhou.

In response to these hardline approaches by the Chinese government to silence the award, Catherine Baber, Deputy Asia-Pacific Director at Amnesty International, expressed concerns.

“This award can only make a real difference if it prompts more international pressure on China to release Liu, along with the numerous other prisoners of conscience languishing in Chinese jails for exercising their right to freedom of expression,” she said.

For more information, please see:

The New York Times – China, Angered by Peace Prize, Blocks Celebration – 10 October 2010

Amnesty International – LIU XIAOBO’S NOBEL PEACE PRIZE WIN PUTS SPOTLIGHT ON CHINA RIGHTS VIOLATIONS – 8 October 2010

The Los Angeles Times – Chinese media stay resolutely silent on Nobel winner – 10 October 2010

Colombian Military Official Arrested For Unlawful Killings

By Patrick Vanderpool
Impunity Watch Reporter, South America

Colombian Military Remove Remains  (Photo courtesy of Colombia Reports)
Colombian Military Remove Remains (Photo courtesy of Colombia Reports)

 BOGOTA, Colombia – Colombian officials have arrested an army officer suspected of 11 extrajudicial killings of civilians. Major Orlando Arturo Cespedes Escalona was arrested Thursday in the northwestern city of Medellin.  The 11 deceased individuals were presented as leftist guerillas killed during combat.

Those allegedly killed by Escalona include 11 adolescents and young men, ages 16-28, from Toluviejo, a town in the northern province of Sucre.  Recruiters lured these young men to areas through promises of agricultural work and money, but they were then executed.  While remains from 10 bodies have been found and returned to family members, one 16-year-old is still missing.

Colombia’s Attorney General has stated that Escalona will face aggravated kidnapping, criminal conspiracy, and homicide charges.  The case is being handled by a special human rights and international law prosecutor who also ordered the arrest of retired Col. Luis Fernando Borja.

In what has become known as the “False Positives” scandal, the Colombian army has been accused of killing civilians and presenting them as guerrillas killed in combat to pump body counts.  The soldiers who claimed credit for the “kills” received weekend passes and other benefits.  Civilian accomplices lured the victims away from their homes and in what is described as a common practice, army recruiters would bury the men in common graves to give the impression that they were insurgents killed in combat. 

There are many other instances of extrajudicial killings aside from those that Escalona is accused of.  The number of documented victims has already topped 2,000.  However, some suspect that the number could be closer to 3,000 victims.  Other recruiters have been already been convicted and sentenced to no less than 25 years in prison. 

Victims’ families and human rights activists suspect that a directive issued in 2005 by then-Defense Minister Camilo Ospina offering incentives to soldiers for insurgent deaths may have spurred many of these killings.

For more information, please see:

Latin American Herald Tribune – Colombian Army Officer Arrested for Unlawful Killings – 8 October 2010

Colombia Passport – Military Arrested for Murder of a Protected Person – 7 October 2010

Colombia Reports – Army Major Arrested for 11 “False Positive” Murders – 7 October 2010