War Crimes Prosecution Watch: Volume 12, Issue 18 – November 12, 2017


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 12 – Issue 18
November 12, 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

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

Iraq

Syria

Yemen

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

Israel and Palestine

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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Xi Becomes Most Powerful Leader in China Since Mao

By: Brian Kim
Impunity Watch Reporter, Asia

BEIJING, China – At the political summit led by the Chinese Community Party, Xi Jinping, the President of the People’s Republic of China, declared a “new era” for the country. Although this every five-year event is meant to declare the new Chinese leader to the world, the ceremony that was held in Beijing’s Great Hall of the People focused on displaying Xi Jinping’s power.

Xi introduces the new members of the China’s Politburo Standing Committee at the Great Hall of the People. Photo courtesy of Ng Han Guan.

During the ceremony, Xi introduced five of the seven members of the Politburo Standing Committee. The committee is considered to be the inner core of the Chinese government. It was noted during the ceremony that none of the men selected to be on the committee were considered to be Xi’s successor as it did not include a younger leader who would be groomed to take over the presidency.

The sources believe that the lack of possible successor to Xi was seen as a sign that he intends to stay beyond his next five-year term.

At the end of the ceremony, Mr. Xi was elevated to the same status as the country’s founder, Mao Zedong. Xi’s name and his political policy are both now enshrined in the Chinese constitution.

The political summit also allowed Xi to assert additional power over the military. Many of the top leaders in the military were replaced with Xi’s generals. By initiating these changes, Xi has stated that he intends to make China a world power by 2050.  Currently, China has the world’s biggest military with more than 2 million troops, but he is hoping to modernize the military.

Xi announced his economic plan for the next 30 years during the meeting as well. With his new plans to improve China’s socialism and bolster the country’s economy, many experts are describing this move as the beginning of the third era of Communist rule in China.

For more information, please see:

NYT – Xi Jinping Unveils China’s New Leaders but No Clear Successor – 24 October, 2017

Variety – Xi Jinping Emerges as China’s Unquestioned No. 1 Leader – 25 October, 2017

ABC – Chinese President Xi Jinping takes absolute control of armed forces in military shake-up – 26 October, 2017

DHS to Decide on Continuation of TPS Program for Haitians in US

By: Karina Johnson
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti — On November 6, the Department of Homeland Security is expected to make a decision as to the continuation of the Temporary Protected Status program that affects over 300,000 foreign nationals currently residing in the United States.

Men visiting a mass-grave of victims from the 2010 earthquake outside of Port-au-Prince. Photo Courtesy of Shannon Stapleton.

According to a report prepared by the Congressional Research Service, Temporary Protected Status (TPS) is a provision within the Immigration and Nationality Act to protect foreign nationals currently in the United States.  The program grants a temporary legal status—typically for a period of six to eighteen months—to migrants who do may not qualify as refugees, but whose home countries are in some sort of crisis, such as civil unrest, wide-spread violence, or a natural disaster.  This allows them to apply for a work permit and a driver’s license and prevents their deportation.  There are currently over 300,000 people from 13 countries under Temporary Protected Status, including individuals from Syria, El Salvador, and Haiti.  According to The Washington Post, TPS beneficiaries are the parents of around 190,000 US-citizen children.

Haitians were granted TPS in the US by the Obama administration in January 2010 following a 7.0-magnitude earthquake that killed around 200,000 people and left 1.5 million homeless.  Haiti has suffered several crises since then, including an outbreak of cholera in late 2010 that infected close to 800,000 and killed over 9,000 people, sexual abuse of hundreds of people at the hands of UN peacekeepers dating back to 2004, as well as a 1,000-people killed by Hurricane Matthew in 2016.  The recent hurricanes have also destroyed infrastructure and caused food shortages across the country.

The Department of Homeland Security (DHS) extended Haiti’s TPS several times, the last time being on May 24, 2017.  After a bipartisan effort from several Florida politicians, DHS Secretary General John Kelly approved a six-month extension of the July 22, 2017, deadline, but expressed that Haitians should begin preparations to return to Haiti come January 22, 2018.  According to the US Citizenship and Immigration Services’ website, “At least 60 days before Jan. 22, 2018, Secretary Kelly will re-evaluate the designation for Haiti and will determine whether another extension, a re-designation, or a termination is warranted, in full compliance of the Immigration and Nationality Act.”

There are 59,000 Haitians living in the US under TPS, 80% of which are employed; $1.3 billion in remittances from US-based Haitians accounted for 15% of Haiti’s economy in 2015.

In contrast, Haiti is currently the poorest countries in the Western Hemisphere, with 6 million people—approximately 59% of the population—living below the national poverty line.

For more information, please see:

NBC News – Will Central Americans, Haitians ‘Protected’ by U.S. Be Sent Home? – 23 October 2017

NACLA – Temporary Protected Status in Limbo – 20 October 2017

The Washington Post – Tens of thousands of Haitian, Central American immigrants could lose protected status – 20 October 2017

Al Jazeera – UN peacekeepers leave Haiti: What is their legacy? – 6 October 2017

USCIS – Temporary Protected Status Designated Country: Haiti – 3 October 2017

Sun Sentinel – Hurricane Irma effects are one more reason to extend TPS for Haitians, lawmakers argue – 18 September 2017

The Intercept – The Trump Administration is Playing with the Lives of 59,000 Haitians – 26 September 2017

The New Yorker – A Harrowing Turning Point for Haitian Immigrants – 12 May 2017

Congressional Research Service – Temporary Protected Status: Current Immigration Policy and Issues – 17 January 2017

Security Intensifies with China’s Party Congress Meeting

By: Katherine Hewitt
Impunity Watch Reporter, Asia

BEIJING, China – The 19th Party Congress of China meets in Beijing 18 October through 24 October 2017. Over 200,000 delegates descend on the city during this time.   During this party election the next president of China will be elected for 5 years. It will most likely be the current president, Xi Jinping.

Additional Security at Subway Stations. Photo Courtesy of Gilles Sabrié. 

However, as the meeting approached and during the meeting Beijing officials cracked down on security. The city is what some call a ‘lockdown.’

Several human rights activists have been detained or forced to leave. Several others are under surveillance. Police fill the streets both day and night carrying assault weapons. Documents are checked in the street frequently, and people are stopped for questioning.  Internet censorship increased. Those who come into the city to raise questions about unpaid salaries, corruption, and pollution see an increase in pressures, including arrest.

Additionally, the Beijing government closed restaurants, meeting halls, and nightclubs to curb large gatherings of people. To discourage travel into the city Airbnb and other similar home-sharing companies are closed temporarily.

Traveling within the capital city takes longer when the Party Congress is in session.   Increased security at subway stations created insanely long lines. One blogger quipped that it might be faster to skateboard, take a boat or a horse.

These increased security measures are Xi Jinping’s way of showing that he is not afraid to show a “heavy hand on those who dare to exist with differing views.” In his opening speech at the 19th Party Congress he vowed to keep foreign influence low, calling China a “strong and great power” by itself. His speech invoked heavy nationalist vibes.

Some Chinese Human Rights activist are fearful that Jinping’s ‘neo- totalitarian’ ideology will be written into the party constitution. There are also concerns over whether a successor will named to replace him after his second 5 year term or whether he will continue on as president.   

For more information, please see:

NY Times – China’s Party Congress Brings Crackdown on Critics, Nightclubs and Airbnb – 20 October 2017.

The Washington Post – China’s president just laid out a worrying vision for the world – 18 October 2017

The Diplomat – 3 Major Takeaways from Xi Jinping’s Speech at the 19th Party Congress – 18 October 2017

Former HIV-Positive School Aide Accused of Sexually Assaulting 42 Boys

By: Sarah Louise Purtill
Impunity Watch Reporter, North America 

MARYLAND, U.S. – Carlos Bell, a former school aide and track coach has been accused of sexually assaulting 42 juvenile boys. Bell was a teaching aid at Benjamin Stoddert Middle School and a track coach at La Plata High School. Bell told police he was HIV positive and that he was HIV positive when he assaulted the boys and evidence corroborated the claim.

Maryland’s State Attorney’s Office has indicted Bell on 206 counts. This is the third time the indictment has been updated to reflect charges from additional alleged victims as more are discovered.

The boys are between the ages of 11 and 17. 28 of the alleged victim are identified while the remaining 14 alleged victims are unidentified according to the State Attorney’s Office for Charles County.  In December of 2016, police say an investigation was started on Bell after a tip that Bell was involved in inappropriate behavior with a student while coaching track.

Sheriff Troy Berry said, “A parent observed suspicious text messages on a child’s phone that were sexual in nature.”  The parent checked her child’s phone and found inappropriate text messages involving Bell. However, Bell was not arrested until July. At that time, the Charles County Sheriff’s Office said as many as 10 boys were assaulted, 7 of which were identified by video found in Bell’s home. During the search of Bell’s home, police also found computers and other electronics that linked him to the production of child porn. Among that evidence were graphic images of Bell sexually assaulting victims.

Carlos Bell has been indicted on 206 counts in relation to his sexual assault of students while working at a middle school in Maryland. Photo Courtesy of Charles Co. Police Dept.

Bell allegedly assaulted the boys without protection. So far, the State Attorney’s Office for Charles County stated that they are not aware of any of the alleged victims testing positive for HIV. The abuse is believed to have been committed from May 2015 through June 2017. Bell is accused of abusing the alleged victims at the Middle School, his home and possibly, other locations.

At this time, the State Attorney’s Office said charges against Bell include: 22 counts of sexual abuse of a minor, 19 counts of second-degree sex offense, 19 counts of second-degree sex offenses, 7 counts of third-degree sex offense, 97 counts of child pornography and other offenses. If convicted of these crimes, the State Attorney’s Office will seek life in prison. Currently, Bell is being held without bail and his next court date is January 8, 2018.

The Superintendent of Schools for Charles County, Kimberly A. Hill, said they have been cooperating with authorities in a letter dated July 3, 2017.  The letter also stated that Bell has not worked in any of the school buildings since December 22, 2016. Lastly, the note also stated “To our parents and our community, who put their faith and trust in us to safeguard their children, I apologize on behalf of Charles County Public Schools.”

For more information, please see:

Fox News – HIV-infected School Aide Accused of Sexually Victimizing 42 Children in Maryland – 24 October 2017

NY Daily News – Former Maryland School Aide Who Is HIV Positive Sexually Assaulted 42 Boys, Police Say – 23 October 2017

WJLA – HIV Positive Former Md. Coach Indicted on 206 Counts; 42 Alleged Victims Reported – 23 October 2017

WJLA – Former Md. School Coach Charged with Child Porn, Assault on Male Students, Has HIV – 28 July 2017