New transitional justice system to prosecute war crimes in Colombia

October 10, 2017

By: Emily Green
Impunity Watch Reporter, South America

BOGOTA, Colombia — Colombia’s new transitional justice system will bring justice to the country after 52 years of armed conflict with the revolutionary armed forces, FARC. It will establish three courts, a truth commission, and special units to search for ties between state officials and illegal armed groups.

Colombian soldiers at parade in Bogota. Image Courtesy of The Conversation.

The purpose of this system is to bring what is called “restorative justice.” This method “seeks to empower victims of the conflict by facilitating testimonies and reparations from perpetrators, rather than doling out traditional punishments such as jail time.” It is designed to provide alternative and usually shorter sentences for war criminals by allowing them to turn themselves in, plead guilty, explain in detail their crimes, and work to make reparations to their victims. The goal is to get a full account of the atrocities from the five-decade-long armed conflict and provide closure to victims.

The crux of this initiative is the Special Jurisdiction for Peace, also known as the JEP. This will establish courts whose sole purpose is to investigate and try those who committed human rights violations during the conflict. It will be up to the judges in this tribunal to decide what cases they will and will not hear.

The draw for guilty parties to come forward is the alternative and lenient sentencing of the court. A person who admits a serious crime can receive a sentence of up to eight years in prison. This is far less than what would normally be imposed in a criminal court. With full cooperation, alternative sanctions can be granted as well. These sanctions may include confinement to a community with mandated community service or reparations to the victim in whatever way is asked.

The system aims to ensure that women and minorities are fully represented as magistrates, commissioners, and victims in the tribunal. This is crucial because of the disproportionate effect the conflict had on women. The tremendous amounts of sexual violence used as a weapon affected 800,000 sexual assault victims between 2010 and 2015.

JEP plans to prosecute only those who were directly involved in the political conflict. FARC provided the government with information listing its active members to serve as a basis. Members already arrested by the government prior to December 2016 will be eligible for the court as well.

One of the most prominent atrocities JEP will address is known as the “false positives” scandal. During the war, the defense minister began a policy of “cash-for-kills.” It awarded $1,500 to Colombian Army personnel who could prove they had made a “positive combat kill.” This policy led to the slaughter of some of Colombia’s most vulnerable citizens such as the mentally ill. They would be killed, photographed, and falsely presented as enemy combatants for the reward. One study determined that “the false positives scandal led to more than 5,763 extra-judicial executions between 2000 and 2010.”

Elections for JEP’s members occurred on September 26 and signify a positive step forward for this new justice system. The Selection Committee, made up of jurists and professionals from the United Nations and other entities, chose these members.

There is no doubt that this will be an uphill battle. There will be considerable budgetary and administrative problems to overcome, but this might be the only way for Colombia to move on from its violent past.

For further information, please see:

Colombiano – Today the names of the magistrates of the JEP are known – 26 September 2017

Colombia Reports – Everything you need to know about Colombia’s transitional justice system – 25 September 2017

La Republica – More than 100 women would enter the Special Jurisdiction for Peace – 25 September 2017

Semana – The JEP begins uphill – 23 September 2017

The Conversation – Colombia struggles to deliver justice in army ‘cash-for-kills’ scandal – 18 September 2017

Afghan Refugee Children Die in Syria while Fighting for Iran

October 10, 2017

Matthew Sneed
Impunity Watch Reporter, The Middle East

TEHRAN, Iran – According to the Human Rights Watch, Iran has recruited children as young as 14 to fight in Syria. Iran’s Islamic Revolutionary Guard Corps (IRGC), has been recruiting the teenagers to the Fatemyioun division. This division is made up of exclusively Afghan troops who fight with the government in Syria.

Afghan children who fought in Syria are buried in Iran. Photo courtesy of Human Rights Watch.

According to international law, military recruits must be at least 18 years olf and recruiting children under the age of 15 to participate in battle is a war crime. Researchers for Human Rights Watch looked at the photographs of tombstones in Iranian cemeteries and they identified eight children who reportedly fought and died in Syria. Five of those eight children are believed to have died at the age of fourteen. In addition, the phrase “defenders of the shrine” was written on seven of the eight tombstones. This is the saying the Iranian government uses for the fighters it sends to war.

It is believed that some children and volunteers lie about their age in order to enlist. Some believe it will prevent them being deported back to Afghanistan. Tara Sepehri Far, a Human Rights Watch Researcher, said “[w]e spoke to one person who fought as part of the Fatemiyoun Division and he said that he was able to receive a residency permit upon return.” She further stated that she does not believe that the children are intentionally recruited and, “[i]t’s more of a sloppiness that the authorities and recruiters don’t care enough to ask for proof of age.”

“Ali” a 29-year-old soldier in the Fatemyioun division, has said he has spoken with children who were 16 and 17 years old while they were training to go to Syria. He also discussed the lack of verification protocols before enlisting troops, “They never asked me to show any documentation, but they wanted to make sure we were Afghan nationals,” Ali told Human Rights Watch. “We had to be above the age 18 to be recruited, but they only asked for our age, not any documentation.”

Sarah Leah Witson, the Middle East director at Human Rights Watch called for Iran to end the practice of recruiting children. “Rather than preying on vulnerable immigrant and refugee children, the Iranian authorities should protect all children and hold those responsible for recruiting Afghan children to account.”

The civil war in Syria has now lasted six-and-a-half years, with both sides facing accusations of numerous human rights violations.

For more information please see:

Human Rights Watch – Iran: Afghan Children Recruited to Fight in Syria – 1, Oct. 2017

The New York Times – Afghan Teenagers Recruited in Iran to Fight in Syria, Group Says – 1, Oct. 2017

World Tribune – War crime? Iran said to recruit refugee Afghan children to fight in Syria – 1, Oct. 2017

Austria Criminalizes the Wearing of Burqas in Public

October 10, 2017

By Jenilyn Brhel
Impunity Watch Reporter, Europe

VIENNA, Austria – On Sunday, October 1^st, Austria implemented a law prohibiting Muslim women from wearing Burqas in public.

Woman wearing a niqab. Photo courtesy of The Guardian.

The “Prohibition for the Covering of the Face” law, commonly known as the “Burqa Ban,” was approved in May of 2017 and implemented on October 1^st. It prohibits women from wearing burqas and niqabs in public.

The decision to prohibit burqas comes at a time when anti-Muslim bigotry is at an all-time high, both in Europe and the United States. The law has thus far garnered strong support in the predominantly Catholic country, reflecting anti-Muslim attitudes.

Similar sentiments have become increasingly prevalent in other European countries. In the midst of elections in Germany in September, the anti-migrant Alternative for Germany party campaigned with posters featuring the slogan “Burqas? We prefer Bikinis.”

The upcoming national election in Austria is looking favorably to those who are campaigning on an anti-migrant message.

Five out of seven of those polled that support the law also said they will vote for the two parties that are linked to anti-Muslim rhetoric, the Freedom Party and the People’s Party.

Muslim women leaders are condemning the law, viewing the claim that it is intended to help women as insincere.

Carla Amina Baghajati, spokeswoman for the Austrian Islamic Religious Authority, criticized the law. “They believe that they are ‘freeing these women’ and that they’re taking action to secure the identity of Austria, but this is hypocritical as the idea of an open society is that everybody has the liberty to act and dress as they please as long as nobody else is harmed,” she said.

Activists and experts say that the ban violates religious rights and will only perpetuate the problem of Islamophobia.

Farid Hafez, a senior research fellow at Georgetown University’s Bridge Initiative, said that “Islamophobia is a problem in Austria as it is a problem and a challenge to democracy, human rights and religious freedom in many European countries today.”

Sebastian Kurz, Foreign Minister of Austria, said that the burqa “is not a religious symbol but a symbol for a counter-society.”

Those who defy the law and continue to cover their faces can be fined up to $175. Police are authorized to use force for anyone resisting the law.

Laws such as these are already in effect in France and Belgium. The Alternative for Germany is also calling for such measures.

The ban affects approximately 150 women.

For more information, please see:

The Guardian – Austria’s Full-Face Veil Ban is a Kneejerk Reaction to the Rise of the Far Right – 1 February 2017

USA Today – Austria Becomes Latest European Country to Ban Burqas – But Adds Clown Face Paint, Too – 27 September 2017

PBS – ‘Burqa Ban” Law Signals Rightward Political Turn in Austria – 30 September 2017

Aljazeera – Austria Face Veil Ban ‘Criminalizes’ Muslim Women – 1 October 2017

BBC – Austrian Ban on Full-Face Veil in Public Places Comes Into Force – 1 October 2017

New York Times – Austria’s ‘Burqa Ban’ Law Comes Into Force – 1 October 2017

Washington Post – ‘Burqa Ban’ Law Signals Rightward Political Turn in Austria – 1 October 2017

Syria Justice and Accountability Centre: Team Syria’s Success Highlights Deep Fractures in Society

October 9, 2017

SJAC Update | October 9, 2017

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Team Syria (right) enters Hang Jebat Stadium in Malaysia for their October 5 World Cup qualifying match against Australia | Credit: ESPN

Team Syria’s Success Highlights Deep Fractures in Society

On October 10, the Syrian Arab Republic national football team – “Team Syria” – will compete in its second match against Australia at Sydney’s Allianz Stadium to qualify for its first ever World Cup tournament. Syria’s surprising rise to the World Cup qualifiers has aroused conflicting emotions among Syrians and has allowed the Assad government to project an image of a united and robust nation on the world stage. Yet beneath this carefully crafted facade remains a team and a population deeply controlled by the Syrian government – which considers unwavering political support as a prerequisite to membership. In order to truly foster unity and reconciliation in Syria, however, every citizen must be afforded the right and opportunity to belong, irrespective of political inclinations. But in Syria, football is a microcosm of the challenges to overcoming societal divides and achieving nationwide reconciliation.

While millions of Syrians were elated by Team Syria’s unexpected success throughout the qualifying rounds, the occasion left many others conflicted and disillusioned. On social media, some Syrians even posted that they would rather root for the opposing team than support Team Syria. The chilled response was largely due to the frustration over the team’s de facto leadership: the Assad government, which has leveraged the appeal of sports players in Syria to manipulate public opinion and quell dissent.

Rules of the International Federation of Association Football (FIFA) state that member associations must be independent and avoid any political interference. Yet, during the conflict, players have been compelled to march in pro-Assad rallies, wear T-shirts bearing the president’s image, and make pro-government statements to the press. Criticism of the government is strictly prohibited among athletes, and those who defy this unwritten rule have been reportedly killed, forcibly disappeared, or tortured to death. Reports also suggest several national team players have been compelled to play against their will by government threats to harm detained family members or loved ones.

The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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Syria Deeply: Turkey enters Idlib, battling ISIS in Deir Ezzor and Raqqa, and a new report of sarin gas in northern Syria

October 9, 2017

Oct. 9th, 2017

Welcome to our weekly summary of Syria Deeply’s top coverage of the crisis in Syria.

As part of our new Deeply Talks series, on October 10, Syria Deeply will host a 30-minute conversation with Sam Heller of the Century Foundation about the situation along Syria’s frontier with Jordan and the possibility of the border crossing between the two states reopening. To RSVP and to receive dial-in instructions, click here. If you’d like to ask our editors or guest a question, please email it to our community editor Kim Bode (kim@newsdeeply.com).

Turkey Enters Idlib: Turkish troops moved into Idlib province on Sunday in an effort to enforce a de-escalation zone in the province dominated by al-Qaida-linked militants, according to a Turkish military statement released Monday.

Turkish forces were deployed to carry out “reconnaissance activities” in the area, including the creation of “observation points” in the northwestern province, according to the Associated Press.

Turkish president Recep Tayyip Erdogan announced the start of the “serious” military operation in Idlib on Saturday, adding that Turkish-backed Syrian rebels affiliated with the Free Syrian Army are leading the campaign. The following day, Erdogan said Turkish troops would also be deployed in the province to support opposition forces.

On Saturday, bulldozers dismantled border walls to allow for the passage of military vehicles. Reuters reported on Sunday that al-Qaida-linked Hay’at Tahrir al-Sham militants escorted Turkish forces who are part of a military reconnaissance team to the area, where they “scouted” ahead of a planned deployment.

Battles Against ISIS: Pro-government forces allegedly encircled the so-called Islamic State (ISIS) in the city of al-Mayadeen on Sunday, as U.S.-backed Syrian Democratic Forces (SDF) prepare to launch the final stage of the battle against ISIS in Raqqa.

“Units of our armed forces with the allied forces continue their advance on a number of fronts and axes in Deir al-Zor [Ezzor] and its countryside … and encircle Daesh terrorists in the city of al-Mayadin,” an unnamed military source told Reuters, using an Arabic acronym for ISIS.

Losing al-Mayadeen, which is on the western banks of the Euphrates river, would be a big blow to the militant group.

Pro-government forces advanced to within 7 miles (10km) of al-Mayadeen last week, and by Friday reportedly entered the militants stronghold and seized control of several buildings with support from Russian airstrikes, according to AFP. However, on Sunday ISIS militants repelled pro-regime advances.

In Raqqa, the SDF has captured around 90 percent of the city and is advancing from the city’s north and east in an attempt to close in on ISIS militants holed up in a pocket of territory near the city center.

If the forces advancing from the north link up with those moving in from the east, then the SDF can begin its final push in Raqqa, which will focus on areas around Raqqa’s national hospital, the nearby football stadium and surrounding residential neighborhoods, an SDF commander told AFP.

New Report of Sarin Attack: The Organization for the Prohibition of Chemical Weapons (OPCW) has collected evidence that sarin nerve agent was used in an attack on the rebel-held village of Latamneh in northern Syria, just five days before the major chemical attack in the town of Khan Sheikhoun.

“Analysis of samples collected (by the OPCW) … relates to an incident that took place again in the northern part of Syria on the 30th of March this year,” Ahmet Uzumcu, the head of the OPCW, said in an interview with AFP. “The results prove the existence of sarin.”

The attack allegedly wounded 50 people, he said, adding that there were no immediate reports of any deaths. These findings disprove the claim that the April attack on Khan Sheikhoun in Idlib, which killed at least 87 people, was the first time sarin had been used since the 2013 gas attack on the suburbs of Damascus.

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