CRIME OF AGGRESSION & THE UNITED STATES’ BATTLE ABROAD: INTERNATIONAL CRIMINAL COURT SEEKS AN EXPANSION OF JURISDICTION

Hague: International Criminal Court
Hague: International Criminal Court

by Erica Laster

Impunity Watch Reporter, North America

KAMPALA, Uganda – The first International Criminal Court (ICC) Review Conference is now underway in Uganda. The eight day conference has sparked controversy and a flurry of lobbying of other countries by the United States in anticipation of the amendment to the Roman Statute, a discussion which will define the crime of aggression.  A division exists over whether the crime will be determined by the court or the United Nations Security Council. Uganda was among the countries courted by the United States, to seek agreement in blocking the amendment including the crime of aggression as falling under the ICC’s jurisdiction. Uganda and the U.S. have an agreement in which American nationals will not be handed over to the ICC.

The United States has come under fire in recent years regarding its policy of preemptive strike in international affairs and most recently regarding its approach to the Iraq War. The New Vision reports that Stephen J. Rapp, the United States Ambassador for War Crimes, urged the ICC review conference to tread carefully in defining the crime of aggression. Rapp cautioned that giving the ICC powers to prosecute states and individuals under such a vague term may have unintended consequences. Radio Netherlands Worldwide reports that United States delegate Elisabeth van Schaack indicated to reporters that the U.S. is concerned that the court is already overwhelmed in dealing with genocide, war crimes and crimes against humanity. Inclusion of the crime of aggression may distract the court from other more heinous crimes.

Expanding the jurisdiction of the International Criminal Court comes at a time when many countries are exercising broad discretion in invading and attacking enemies worldwide. Many of the review conference’s participants agreed that a consensus in defining the crime of aggression must be reached, speaking candidly about the issue.

Guan Jin, speaking on behalf of China as Deputy Director General of the department of Treaty and Law called for more time to discuss the amendment and negotiations rather than rush into an expansion of jurisdiction. Georgian representative Alexander Lomaya indicated the necessity of explicitly defining the crime of aggression. Kuwait authorities said that while they value the ICC’s work and efforts, they are “keen to have a reasonable definition of the crime of aggression, which is a source of concern and a threat to peace.”

Despite such opposition and concern, the European Union was the first to announce its approval for the proposed amendment to give the ICC the power to handle the crime of aggression.

For more information please see:

New Vision – US wants aggression handled by UN – 1 June 2010‎

Daily Monitor – US cautions on crime of aggression – 2 June 2010

Radio Netherlands Worldwide – ICC: crime of aggression under debate – 2 June 2010

 
 

Colombia’s Security Forces Still Culpable for Unlawful Killings Despite Progress

By Ricky Zamora
Impunity Watch Reporter, South America

 

BOGOTA, Colombia – While Colombia has made efforts to combat unlawful killings, its security forces continue to be implicated in such acts.

Colombia, long plagued by armed conflict and the deadly drug trade, is no stranger to human rights violations.  While the country has taken steps to reduce unlawful killings, it has been an uphill battle against decades of unlawful killings committed with virtual impunity.

Recently, Professor Philip Alston, UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, reported that the rate of impunity for alleged killings by Colombian security forces may be as high as 98.5%.

An investigation led by Alston revealed that while these killings are not committed pursuant to official policy, many victims were murdered by the military, often for soldiers’ personal benefit or profit.  In fact, within the military, success was equated with ‘kill counts’ of guerrillas and promoted an accountability-free environment.

The investigation revealed that while Colombia’s efforts to reduce such killings include dismissal of senior military officers and the monitoring of military activity by the UN, they appear to be ineffective.

This indicates that current efforts are undermined by the very policies set forth to reduce unlawful killings.  Alston reported that there is an “alarming level of impunity for former paramilitaries.”

He added that “The vast majority of paramilitaries responsible for human rights violations were demobilized without investigation, and many were effectively granted amnesties. Today, the failure in accountability is clear from the dramatic rise in killings by illegal armed groups composed largely of former paramilitaries.”

Alston believes that “unless the Government ensures effective investigation and prosecution of killings by security forces, it will not be able to accomplish the goals it seeks to achieve and family members deserve justice. Colombian society and the international community need to know that security operations are lawful, or they will not be considered legitimate.”

This problem is not merely a threat to those typically vulnerable to guerrilla exploitation – the poor and ignorant.  In fact, human rights defenders, trade unionists, and other rights activists have fallen victim to the guerillas, paying with their lives.  This, then, tends to cause grave instability not only in Colombia’s remote areas, but everywhere, including the political arena, Alston added.

The Rapporteur did, however, commend the Colombian government for the part is has done; namely, that it is open to external suggestions for reform and willing to open itself to international scrutiny of its security policies.  This, he noted, is especially important as it sets an example for neighboring states to embrace the notion of transparency in regards to their security policies.

Professor Alston was appointed UN Special Rapporteur on extrajudicial executions in 2004 and reports to the United Nations Human Rights Council and the General Assembly. He has had extensive experience in the human rights field, including eight years as Chairperson of the UN Committee on Economic, Social and Cultural Rights, principal legal adviser to UNICEF in the drafting of the Convention on the Rights of the Child, and Special Adviser to the UN High Commissioner for Human Rights. He is Professor of Law and Faculty Director of the Center for Human Rights and Global Justice at New York University School of Law.

For more information, please see:

Office of the High Commissioner for Human Rights – UN Expert finds progress, but also pattern of unlawful killings and ongoing “serious problems” with Colombia’s Security Policies – 27 May 2010

UN News Centre – Colombia takes steps on killings but security forces still culpable – 27 May 2010

Huffington Post – Colombia Commits “Crimes Against Humanity” as Free Trade Pacts Are Debated – 13 May 2009

Taliban Attack National Peace Conference

By David L. Chaplin II
Impunity Watch Reporter, Asia

KABUL, Afghanistan — Suspected militants fired rockets, detonated explosives and engaged in an intense gun battle with security forces Wednesday near the site of a three-day jirga, or peace meeting, where Afghan President Hamid Karzai spoke. Up to 1,600 delegates including tribal elders, religious leaders and members of parliament from all over the country have convened for the traditional meeting where delegates were divided over whether to negotiate peace with Taliban leaders to end nearly nine years of war.
One Jirga suicide attacker conrnerd and captured
One Jirga suicide attacker conrnered and captured

None of the Afghans moved as the rockets landed.  “All stood [still] including 300 women, they were defiant. The signal was ‘we are used to this, we are ready for it but we want to continue’,” Staffan de Mistura told the BBC. The meeting is continuing.

An official in charge of organising the event, Farooq Wardak, said three heavily-armed militants dressed in burkas were involved in the attack. Police later said they had surrounded a home in Kabul where suspected insurgents, believed to be responsible for the attack, were holed up. Two people, described as suicide bombers, were killed and one was arrested in connection with the attack, Karzai’s spokesman said.

The Taliban have been waging a battle to overthrow the US-backed government and expel the 130,000 foreign troops there. The attack underscored the Taliban’s opposition to what they have dubbed as a “phony reconciliation process” stacked with Karzai’s supporters and an ignored female presence. They insist they will not negotiate until all foreign troops leave the country. Abdullah Abdullah, Karzai’s main rival in last year’s presidential election, declined to attend the conference, saying the hand-picked delegates do not represent Afghan public opinion.

The jirga is due to finish late on Friday, with a declaration expected on what steps should be taken to end the insurgency, which groups should be included in the process, and how they should be approached.  President Karzai has proposed offering an amnesty and reintegration incentives to low-level Taliban who accept the constitution. He has also offered to negotiate the removal of some Taliban from a UN blacklist, and to give certain leaders asylum in another Islamic country for the purpose of holding peace talks.

The United States has already promised financial help for the program to lure Taliban foot soldiers to give up fighting.

For more information, please see:

The Huffington  Post – Taliban Attacks Afghanistan Peace Conference – 2 June 2010

BBC News – Violence mars Afghanistan peace meeting in Kabul – 2 June 2010

Al Jazeera English – Taliban attacks Afghan peace jirga – 2 June 2010

Image Courtesy of The National Post