War Crimes Prosecution Watch: Volume 12, Issue 15

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 15
October 2, 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

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

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

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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Deadliest Mass Shooting in Modern US history is the 273rd Mass Shooting in 2017

By: Karina Johnson
Impunity Watch Reporter, North America

LAS VEGAS, Nevada On Sunday night, October 1st, Stephen Paddock opened fire from his room on the 32nd floor upon concert-goers attending the Route 91 Harvest Festival at the Mandalay Bay Hotel.  Police received the first reports of the shooting at 10:08 pm, according to the New York Times, and the shooter was found dead by the time SWAT entered his room.  As of October 2nd, 59 people were killed and 527 people were injured during the shooting.

Dozens of people were killed and hundreds were wounded during Sunday evening’s shooting in Las Vegas. Photo Courtesy of Vox News.

According to multiple law enforcement officials, 23 guns were recovered from the hotel room and an additional 19 guns and explosives were recovered from Paddock’s home in Mesquite, NV, 90 miles north of Las Vegas.  Stephen Paddock was a 64-year-old wealthy white man with “no significant criminal history.”

In a statement to The New York Times, FBI Special Agent Aaron Rouse dismissed claims that Paddock was associated with ISIS and stated that “[Paddock had] no connection to an international terrorist group.”

Sunday night’s tragic shooting, categorized by many as an act of domestic terrorism, has surpassed the 2016 Pulse nightclub massacre in Orlando, Florida as well as the 2007 Virginia Tech massacre as the deadliest shooting since 1949.

Mass shootings do not have a consistent definition: organizations may categorize a mass shooting by number of people injured, number of people killed, and may exclude certain kinds of violence.  These definitions may exclude the Sand Creek Massacre of 1864 or the Tulsa Race Massacre of 1921, both incidents with a death toll in the hundreds. Under Vox News and the Gun Violence Archive’s definition of mass shootings (any incident where “four or more people were shot, but not necessarily killed, at the same general time and location”), this incident is the 273rd mass shooting in the US in 2017.

For more information, please see:

Al Jazeera – Las Vegas shooter named as Stephen Paddock – 2 October 2017

Al Jazeera – The deadliest mass shootings in the US – 2 October 2017

The Guardian – 1,516 mass shootings in 1,735 days: America’s gun crisis – in one chart – 2 October 2017

The Guardian – Mandalay Bay attack: at least 59 killed in deadliest US shooting – 2 October 2017

The New York Times – Las Vegas Shooting Live Updates: Multiple Weapons Found in Gunman’s Hotel Room – 2 October 2017

NPR – Las Vegas Shooting Update: At Least 59 People Are Dead After Gunman Attacks Concert – 2 October 2017

Vox – Is Las Vegas the worst mass shooting in US history? It’s surprisingly complicated – 2 October 2017

Reveal – Charlottesville underscores how homegrown hate is going unchecked – 21 June 2017

97-year-old Shipping Regulation Limiting Post-Hurricane Relief to Puerto Rico

By: Karina Johnson
Impunity Watch Reporter, North America

SAN JUAN, Puerto Rico On Wednesday, September 20, Category 4 Hurricane ‘Maria’ made landfall in Puerto Rico with winds reaching 155 miles per hour and covering parts of the island in over 10 feet of water.  It was the strongest hurricane to affect Puerto Rico since San Felipe Segundo in 1928.

The sun sets on a devastated neighborhood in Yabucoa in the aftermath of Hurricane Maria. Photo Courtesy of The Guardian.

As of September 27, 97% of the population did not have access to electricity and over 50% do not have access to drinking water with the daily temperature reaching over 90°.  Puerto Rico’s hospitals are dependent on diesel fuel to power their emergency generators, and despite their stringent fuel rationing, the majority of the hospitals are on the verge of running out.  Diesel is a necessary good imported to Puerto Rico from the mainland United States.

The existing poor infrastructure and the current difficulty in getting aid to Puerto Rico post-Maria have been blamed in a large part on the Jones Act.

The Jones Act—also known as the Merchant Marine Act of 1920—requires that the transportation of goods between points in the US be done in a ship (1) bearing the US flag, (2) built in the United States, (3) owned by US citizens, and (4) operated by US citizens or legal permanent residents.  This means that basic shipments of necessary goods must be imported to Puerto Rico from the US on Jones Act-compliant ships that tend to run four times more expensive than non-compliant ships.  This results in the cost of living in Puerto Rico is about 13% higher on average than in the contiguous United States.

Precedents for Jones Act waivers in the last 15 years have included exceptional situations of humanitarian need—Hurricane Katrina in 2005, Sandy in 2012, and Harvey and Irma in 2017—and have spanned three administrations: Bush, Obama, and Trump.

President Donald Trump has been hesitant to waive the Jones Act for Puerto Rico in the aftermath of Hurricane Maria, and told reporters on Wednesday: “We’re thinking about that, but we have a lot of shippers and a lot of people, a lot of people who work in the shipping industry, that don’t want the Jones Act lifted.”

Puerto Rico has a population of 3.4 million—roughly equivalent to the combined population of Montana, North Dakota, South Dakota, and Wyoming.

For more information, please see:

CNN – Puerto Ricans still waiting for aid a week after Maria’s devastation – 27 September 2017

NBC News – What is the Jones Act? Opponents to 1920 Law Argue It’s Worsening Puerto Rico’s Crisis – 27 September 2017

The Guardian – Hurricane Maria pushes Puerto Rico’s struggling hospitals to crisis point – 27 September 2017

Vox – The Jones Act, the obscure 1920 shipping regulation strangling Puerto Rico, explained – 27 September 2017

The Washington Post – Feds rush aid to Puerto Rico amid growing pleas for help – 25 September 2017

Al Jazeera – Hurricane Maria strikes US territory of Puerto Rico – 21 September 2017

Department of Homeland Security – DHS Statement on Extending the Jones Act Waiver – 13 September 2017

Venezuelans forced to scavenge for food to survive

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – The people of Venezuela are starving as the economic and political situation in their country worsens. Thousands flee every day because there is not enough food to survive in their homes. This country that was once an economic hub in South America can no longer sustain its population.

Church in Cucuta serves food to immigrants. Image Courtesy of BBC.

With little food available in Venezuela, people look across the border for help. An estimated 25,000 people cross the Simon Bolivar International bridge into Colombia each day. The town of Cucuta in particular has been swarmed with hungry immigrants. One local church feeds between 600 and 2,000 people a day. Immigrants line up in the open-air courtyard set with plastic tables and chairs. Most say they cannot find work back home and come to this church for their only proper meal of the day.

In order to facilitate this mass migration, the Colombian government has recently introduced “border mobility cards.” These allow Venezuelans to move freely across the border without a passport. This is useful for those who go home to Venezuela after getting fed, but some do not ever want to return. Many have remarked that they will not return until their President is gone. One Venezuelan condemned Maduro saying, “he’s a president who spends money while his people die of hunger.”

For those that stay in Venezuela, aid is severely limited. One soup kitchen at a Catholic Church in Caracas can only serve children. Relying solely on donations, it serves 100 children every day and there are never any left overs. Parents, who would rather beg than let their kids go hungry, often have to be turned away. One parent remarks, “sometimes my wife and I do without food so at least the children can eat twice a day.”

President Maduro released “Plan Rabbit” in an effort to solve his country’s hunger crisis. Basically, he asks that Venezuelans eat their pet rabbits as a source of protein. The agricultural minister, Freddy Bernal, remarked with a smile, “the rabbit isn’t a pet, it’s only two and a half kilos of meat.” This country does not commonly consume rabbit and is more used to them as pets. The suggestion that communities should raise rabbits as sustenance was seen as a desperate and extreme measure taken by the President.

Strict food rationing, surging malnutrition, and starvation all became prevalent when the armed conflict began a few years ago. As the economy spiraled, the population’s nutrition did as well. Most Venezuelans have lost significant weight as a result. “A national poll found that Venezuelans lost 19 pounds on average in 2016 due to food shortages.” Malnutrition continues to afflict thousands of people. There has been an infant mortality rise from 35% to 65%. Nutrition in children has dramatically declined while the number of deaths from malnutrition grows.

While all this happens at home, President Maduro focuses his concern on building his army for the war with the U.S. “that will likely never come.” The leader blames President Trump and the United States for his country’s economic crisis and denounces the sanctions brought against them.

For further information, please see:

Fox News – Escape from Venezuela: Colombia border crossing mobbed as starving citizens flee – 28 September 2017

CNS News – No Need for TP or Toothpaste in Venezuela Because There’s No Food – 28 September 2017

BBC – Venezuelans cross into Colombia as crisis deepens – 28 September 2017

Bloomberg Businessweek – From 172 to 115 Pounds: The Faces of Venezuelan Hunger – 27 September 2017

Aljazeera – Venezuelan families scavenge for food to survive hunger – 25 September 2017

CNN Money – Can rabbit meat save Venezuela from going hungry? – 14 September 2017

Syria Deeply: Airstrikes in Idlib, Russia’s two-year anniversary in Syria and al-Julani appointed head of Hay’at Tahrir al-Sham

Syria Deeply
Oct. 2nd, 2017
This Week in Syria.

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

As part of our Deeply Talks series, Syria Deeply will host a 30-minute conversation with Sam Heller of the Century Foundation. Join us on October 10 as we discuss 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, email it to our community editor Kim Bode (kim@newsdeeply.com).

Airstrikes In Idlib: Russian and Syrian warplanes have increased airstrikes on the northwestern province of Idlib, killing dozens of civilians in the course of the past week despite the area being one of four designated de-escalation zones.

Airstrikes on Saturday in the Idlib town of Amanaz, just a few miles from Turkey’s southern border, killed at least 34 civilians, according to the Syrian Observatory for Human Rights. As of last Thursday, the Civil Defense had already “pulled 152 bodies and … rescued 279 civilians since the Russian and regime bombing campaign,” Salem Abu al-Azem, a senior rescue worker with the group in Idlib told Reuters.

At least four hospitals were also hit in the recent aerial bombardments in Idlib and north of Hama province, and at least two others evacuated “out of fear of being bombed,” according to Doctors Without Borders (MSF).

Russia’s defense ministry said its airstrikes in Idlib province targeted only militant groups and not civilians. Moscow’s statement also said that one of its airstrikes killed five senior members of the al-Qaida-linked Hay’at Tahrir al-Sham (HTS) in southern Idlib, including “the leader of the group’s unit in south Idlib province, a financial chief, and an adviser to one of the group’s ideologues, Saudi cleric Abdullah al-Muhaysini.”

Documenting Death Tolls: September was the deadliest month in Syria so far this year. The month also closed with the second anniversary of Russia’s intervention in the Syrian conflict.

SOHR documented the death of 3,055 people in Syria last month, including 955 civilians (of which 207 were children and 148 were women). At least 395 civilians, including 92 children and 71 women were killed in Syrian or Russian air raids. U.S.-led coalition warplanes killed at least 282 civilians, including 68 children and 45 women. Rebel clashes and shelling killed at least 17 civilians, HTS forces killed at least 4 civilians and the Syrian Democratic Forces killed at least 7 civilians.

The Syrian Network for Human Rights released a report claiming that Russian forces have killed 5,233 civilians, including 1,417 children and 886 women since September 30, 2015. The report also accused Russia of using cluster munitions more than 200 times, the majority in Idlib province, and using incendiary ammunitions more than 100 times, the majority in Aleppo province.

HTS Appoints New Leader: A statement circulated on social media over the weekend allegedly from the Hay’at Tahrir al-Sham (HTS) alliance claiming that the group’s leader, Abu Jaber al-Shaykh, resigned and that Abu Muhammad al-Julani was appointed as his interim replacement.

Al-Julani previously led Jabhat al-Nusra, al-Qaida’s former branch in Syria. He was then a commander in Jabhat Fatah al-Sham (JFS), a group formed when Nusra publicly separated from al-Qaida. When JFS merged with other factions to form HTS, al-Julani was appointed as a military commander.

Read the full summary

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