Genocide Prevention Resolution – As Introduced on 05 August 2010

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ICC Should Decide on Gaza Conflict Investigation

September 28, 2010

ICC should decide on Gaza conflict investigation

http://www.amnesty.org/en/news-and-updates/icc-urged-decide-gaza-conflict-investigation-2010-09-27

27 September 2010

Amnesty International has urged the International Criminal Court (ICC) to decide on whether it can investigate alleged war crimes and crimes against humanity committed during the 2008-9 conflict in Gaza and southern Israel.

The Human Rights Council must make the same call after it considers today a report by a committee of independent experts highlighting the continuing failures of both the Israeli and Hamas authorities to investigate violations of international law that were documented more than a year ago by a UN fact-finding mission headed by Judge Richard Goldstone.

“Both Israeli and Hamas authorities have been given adequate time and opportunity to ensure justice for the victims, yet they are both failing to do so,” said Widney Brown, Senior Director of International Law and Policy, Amnesty International. “An international justice solution must now be found.”

Neither Israel nor the Palestinian Authority (PA) has ratified the Rome Statute. However, in January 2009, the PA declared that it accepted the ICC’s jurisdiction over all crimes committed in the territory of Palestine since July 2002.

If that declaration is valid, under the ICC’s rules it would cover all crimes committed during the conflict, both in Gaza and in southern Israel.

“Victims have waited long enough,” said Widney Brown. “It’s now time the ICC Prosecutor sought a decision on whether the Palestinian declaration submitted in 2009 allows him to act. If the Pre-Trial Chamber determines that the ICC has jurisdiction, the Prosecutor should open an investigation into crimes committed by both sides during the Gaza conflict, without delay.”

Amnesty International has called on national authorities of all states to investigate and prosecute crimes committed in the Gaza conflict before their national courts on behalf of the international community, said Widney Brown, noting that all states can prosecute war crimes and crimes against humanity – regardless of where they are committed.

Amnesty International also urged the Human Rights Council to:

recognize the failure of the investigations conducted by Israel and the Hamas de facto administration to comply with international law and standards;
call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
refer the Committee’s report to the UN General Assembly – and request that Ban Ki-moon, UN Secretary-General, place the report before the Security Council.

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Pressure Building Over Sudan Referendum

September 27, 2010

By Laura Hirahara
Impunity Watch Reporter, Africa

Southern Sudanese marching in support of the referendum. Photo courtesy Christian Science Monitor

KHARTOUM, Sudan- The referendum previously scheduled for January 9, 2011 in Sudan regarding the southern region’s succession is now in question, leading many to fear a return to the pre-2005 bloodshed that lasted over two decades and killed 2 million Sudnese, many from starvation. Preparations for the vote are behind schedule and the voting rules that would determine who is to vote are still not in place. President Omar al-Bashir has stated that the elections will be free and fair but many are accusing him of deliberately stalling. Because the Southern Sudan region holds a majority of the oil fields, earlier this month U.S. Secretary of State Hilary Clinton said the “inevitable” vote for succession is a “ticking time bomb”. Clinton’s statements reflect the concern that the North will not give up control of their oil interests without conflict.

Creating even more tension is the apparent intimidation of southern Sudanese living in the northern region. Kamal Mohamed Obeid, Sudan’s Information Minister has stated that if the South votes for succession, any southern Sudanese living in the north will no longer enjoy the rights and privileges of citizenship in the north. Sudan People’s Liberation Movement’s (SPLM) spokesperson, Yien Matthew Chol, said,

The NCP is making such a statement because they think that is going to coerce southerners to vote for unity. […] They have started treating southerners badly. Starting from five months ago, and now in Khartoum, you can never speak about separation. You will find yourself either disappearing, or in detention, or jailed. So, speaking about separation and the right of determination, as enshrined in the agreement, is something that the NCP sees now as a taboo.

Many are warning that if Sudan fails to hold the referendum on time and with transparency the consequences could reach farther than the country itself, creating instability in the entire region. Organizations like Oxfam are pushing for aid groups to assist Sudan in preparing for the vote. U.S. President Barack Obama has offered his support, stating that the Sudanese leaders who work to avoid conflict will be rewarded with improved relations with the United States, “even working to lift sanctions if leaders fulfill their obligations. […But to those] who flout their responsibilities … there must be consequences.”

For more information, please see;

BBC- Barrack Obama Presses for Peaceful Sudan Referendum– 25 September, 2010

VOA- Southern Sudanese Intimidated in North, Says SPLM Spokesmas– 26 September, 2010

CNN- Obama, World Leaders Address Sudan Referendum at UN Summit– 24 September, 2010

Spain Still Opposed To Investigating Franco-Era War Crimes

September 27, 2010

By Christina Berger
Impunity Watch Reporter, Europe

GENEVA, Switzerland – A representative from Spain told the UN Human Rights Council on Tuesday that they would not be investigating alleged war crimes committed during the Francisco Franco dictatorship in accordance with an amnesty law passed by the Spanish government in 1977. Mexico had called on Spain in May at the Human Rights Council to punish those responsible for crimes committed during the Franco-era and provide the victims with a remedy.

The request from Mexico followed the controversy last April when high-profile Spanish judge, Baltasar Garzón, was ordered to stop investigating the crimes committed during the 1936-1951 Spanish Civil War for lack of jurisdiction. Garzón was later suspended by the Spanish Supreme Court for overstepping the bounds of his authority, and he currently faces trial for investigating war atrocities without jurisdiction. His appeal was rejected in early September.

International human rights groups made oral statements this week at the Human Rights Council, arguing against charging Garzón and petitioning Spain to provide redress to the victims of war crimes committed during the civil war.

Amnesty International strongly objected to charging a judge who launched his own investigation and urged Spain to “ensure that no amnesty law is applied to crimes against humanity.”

Human Rights Watch said to the council, “Spain is finally prosecuting someone in connection with the crimes of the Franco dictatorship and the Spanish Civil War. Unfortunately, the defendant in the case is Baltasar Garzón, the judge who sought to investigate those crimes.”

Human Rights Watch also pointed out that governments have a duty to afford victims of human rights abuses with “an effective remedy – including justice, truth, and adequate reparations.” The human rights group believes Spain should repeal the 1977 amnesty law that prevents investigation into all crimes “of a political nature” committed prior to 1976.

No one has ever been held accountable for the deaths and forced disappearances of more than 100,000 people during the Franco regime between 1936 and 1951.

For more information, please see:

HUMAN RIGHTS WATCH – Statement on Spain at the Human Rights Council – 24 September 2010

ABC – Spain rejects calls for probes into Franco-era crimes – 22 September 2010

KYERO – Spain Rejects Calls to Investigate Franco War Crimes – 22 September 2010

AP – Spanish judge indicted over Civil War probe loses on appeal – 7 September 2010

DEUTSCHE PRESSE-AGENTUR – Spain’s Supreme court confirms case against judge over Franco probe – 7 September 2010

BBC – Argentine court reopens Franco probe – 4 September 2010