Spain to Investigate Alleged 2002 Israeli War Crimes

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

MADRID, Spain – On January 29, a Spanish High Court judge, Fernando Andreu, announced that the court will launch an investigation of seven Israelis over an attack on July 22, 2002.  The investigation relates to the decision to drop a one ton bomb on a housing block in a raid targeting Salah Shehada, a Hamas commander.  The attack killed 14 civilians, including nine children, and injured over 150 others.

The Gaza-based Palestinian Centre for Human Rights brought the case before the Spanish courts on behalf of the families of the victims.  Main targets of the investigation are then-Defense Minister Binyamin Ben-Eliezer and Dan Halutz, the then air force commander of the Israeli army.  Other persons of interest include: Internal Security Minister Avi Dichter, former IDF Chief of Staff Moshe Yaalon, former GOC Southern Command Doron Almog, former National Security Council Head Giora Eiland and Brigadier-General (Ret.) Mike Herzog.

Not surprisingly, Ben-Eliezer strongly criticized the Spanish court’s announcement; claiming that Spanish law is siding with terrorist organizations.  “This is a ridiculous decision and, even more than ridiculous, it is outrageous,” Ben-Eliezer said. “Terror organizations are using the courts in the free world, the methods of democratic countries, to file suit against a country that is operating against terror.”

Ben-Eliezer said he does not regret his decision to bomb Gaza.  “Salah Shehadeh was a Hamas activist, an arch-murderer whose hands were stained with the blood of about 100 Israelis,” he said.  Shehadeh was the leader of Hamas’ military wing in Gaza, and Israel claims that he was responsible for attacks against hundreds of Israeli civilians.

Current Israeli Defense Minister, Ehud Barak, also criticized the Spanish court’s investigation.  Barak stated, “Anybody calling the liquidation of a terrorist a ‘crime against humanity’ is living in an upside-down world. All senior personnel in the military establishment acted appropriately, in the name of the state of Israel, through their commitment to ensure the security of Israeli citizens.”

Spanish law permits universal jurisdiction for certain crimes; such jurisdiction allows the prosecution of foreigners for such crimes as genocide, crimes against humanity and torture committed anywhere in the world.  On January 30, Israeli Foreign Ministry Tzipi Livni stated that she spoke with her Spanish counterpart.  According to Livni, “Spain has decided to change its legislation in connection with universal jurisdiction and this can prevent the abuse of the Spanish legal system.”

However, Spanish state television TVE quoted government sources as saying the possibility of a legal “adjustment or modification” would not be retroactive and would not affect the case before the courts.

For more information, please see:

Jerusalem Post – “We’ll Amend Law to Prevent Such Probes” – 31 January 2009

CNN – Top Israeli Official Blasts Spanish Court’s Probe – 30 January 2009

International Herald Tribune – Livni Says Spain to Drop Universal Legislation – 30 January 2009

Reuters – Israel Says Spain Says it Will Amend War Crimes Law – 30 January 2009

Al Bawaba – Spanish Court to Investigate Israeli Officials for Alleged ‘Crimes Against Humanity’ – 29 January 2009

Reuters – Spanish Court Investigates 2002 Israeli Gaza Attack – 29 January 2009

Thailand Blocks The Economist Magazine Again

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – The latest issue of The Economist magazine, a British owned current-affairs magazine, will not be circulating in Thailand due to its coverage on the Thai navy’s treatment of illegal migrants from Myanmar. This is the second time that The Economist was blocked in Thailand in the month of January alone.

The article, titled “A Sad Slide Backwards” criticized the Thai Prime Minister, Abhisit Vejjajiva and the Thai navy for the treatment of thousands of Muslim Rohingya migrants from Myanmar. The report claimed that 500 of these migrants were cast out to sea in boats without engines and with little or no food.

“Our distributor in Thailand has decided not to distribute The Economist this week due to our coverage being sensitive,” Ian Fok a Hong Kong spokesman said.

Just a week earlier, in The Economist’s January 24 issue, an article titled “The Trouble with Harry” reported on an Australian writer that was sentenced to three years in jail for defaming the Thai monarchy was not allowed to be distributed. A staff member of Asia Books confirmed that the issue would not be put onto newsstands and claimed she did know the reason. The staff member also declined to give her name because she was not authorized to speak to the media.

Thailand has one of the most stringent lese majeste laws in the world where a person can be jailed up to 15 years for insults or threats to “the king, the queen, and their heir to the throne or the Regent.”

With the rise of internet users in Thailand, many bloggers would write about the Thai monarchy.  The Thai authorities have censored more than 2,000 websites due to the growing internet coverage of the royal family.

Persecutions under the lese majeste laws have been increasingly more common. Many of the charges are used for partisan political purposes.

The Economist itself has also fell victim to lese-majeste laws in the past.  In December, an article questioning the Thai king’s role in public life was banned. In 2002, a survey about Thailand was also banned.

For more information, please see:

APF – Economist magazine curbs distribution in Thailand– 26 January 2009

BBC – Thailand Bans Economist Magazine– 26 January 2009

Reuters – Economist Magazine Blocked in Thailand Again– 30 January 2009

Burma Sends 19 North Koreans to Thailand

By Pei Hu
Impunity Watch Reporter, Asia


NAYPYIDAW, Burma
– 19 North Koreans that were arrested in Burma for trying to defect to South Korea through Burma and Thailand were released by Burmese authorities.  Of the group, 15 were women and there was one seven-year-old boy. Instead of being jailed or deported back to North Korea, the refugees are now in detained in Thailand.

On December 2, 2008, Burmese authorities detained 19 North Koreans refugees near the Thai border for illegal entry.  Initially, Burma was going to try the North Korean refugees who can face up to three years in jail for illegal entry. However, refugee sympathizers and NGOs pressured the Burmese government to release the North Korean refugees and not to send them back to North Korea.

Burmese officials offered no comment on this issue. Burma has been trying to renovate strained ties with North Korea that was restored in 2007.

A Thai immigration official told Korea Times that the North Korean refugees surrendered to Thai authorities right away and said, “They were asking for political asylum in South Korea.”

He continued, “The South Korean embassy in Bangkok would have to notify us that their asylum applications were accepted, and then there must be an NGO group to give these refugees further assistance to reach their goal.”

Thailand does not formally recognize asylum seekers as refugees. However, Thai officials turnover many asylum seekers to NGOs and refugees groups that help asylum seekers settle in another country.

Thousands of North Koreans have fled North Korea due to property and political oppression.  Many of these refugees travel through China or Southeast Asia before seeking asylum in South Korea. South Korea is currently home to about 14,000 North Korean defectors.

For more information, please see:

BBC – Burma Frees North Korean Refugees – 1 January 2009

Irrawaddy –19 North Koreans Arrested at Thai-Burmese Border – 22 December 2008

Korea Times – Burma Sends 19 North Koreans to Thailand – 4 January 2009

Human Rights Abuses Against the Ethnic Chin in Myanmar

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – Chin, an ethnic group living in Myanmar’s western Chin state.  About 90 percent of Chin is Christian, account for about one percent of Myanmar’s 57 million people.  The Chin National Front (CNF) rebel group is still fighting the junta. The recent Human Rights Watch report shows a wide range of human rights abuses carried out by the Myanmar Junta.  The abuses include forced labor, arbitrary arrests and detention, torture, religious repression and other restrictions on fundamental freedoms.  According to the report, tens of thousands of Chin flee across the border to India, and some of them were forced to return home.  Human Rights Watch called the Indian government to extend protection to Chin who have fled to the country to escape ongoing abuse in Myanmar.

The report is based on extensive research and interviews carried out from 2005 to 2008.  Human Rights Watch interviewed Chin who are currently living in Chin state, and who fled the country permanently, most in recent years.  A Chin man who fled to India told the group, “They tortured me and put me in jail for one week. They beat me on my head and ears — I still have a hearing problem. Then the army forced me to work at road construction and repair the army camp.”

Elaine Pearson, deputy Asia director at Human Rights Watch said ethnic groups like the Chin have borne the brunt of abusive military rule in Burma for too long.  “It is time for this brutal treatment to stop and for the army to be held to account for its actions. India should step forward to protect those desperately seeking sanctuary,” she adds.

Amy Alexander, a Human Rights Watch consultant, told at a press conference the Myanmar Junta targeted anyone suspected of links to the CNF.  Religious suppression was also rampant in Chin State, the only predominantly Christian state in mainly Buddhist Myanmar.  “The military government regularly interferes with worship services… and also destroys religious symbols and buildings,” she says.

For more information, please see:

AP – Report: Myanmar’s Chin people persecuted – 27 January 2009

AFP – Myanmar abusing Christian Chin minority: rights group – 27 January 2009

BBC – Burma’s ‘abused Chin need help’ – 28 January 2009

Human Rights Watch – Burma/India: End Abuses in Chin State – 28 January 2009

Not So Grand Bargains, by Morton Abramowitz

Rather than striving for grand compromise, which is often superficial and can lead to greater resentment and conflict, Mr. Abramowitz advocates for a more incremental approach to the world’s biggest crises. He argues that this approach, with political will and vision, better accounts for all the complexities of a situation and, in turn, better addresses the root causes of a problem.

Not So Grand Bargains,
by Morton Abramowitz

Big problems demand bold moves, and in foreign policy bold moves often mean striking “a grand bargain”—a game-hanging proposal designed to change the world, stabilize a region or end a major protracted conflict. It sounds good. But bold ideas are not necessarily good ideas. Pursuing grand bargains is more likely to end up complicating the situation instead of diffusing the crisis. Indeed, the process of developing grand bargains will probably create stagnation and paralyze policymaking.

Unfortunately, few if any grand bargains with war and peace at stake have been reached in recent times. The Arab-Israeli grand bargain got off the drawing board, but the failure to achieve it in 2000 was followed by continuing violence.

More concretely, here are some of today’s grand bargains that political commentators and some diplomats are urging. In crude summary:

·The United States should put together an arrangement that produces a stable Iraqi state, despite the lack of agreement of its citizens on the nature of that state, while resolving the significant interests and troublesome involvements of Iran, Turkey and Saudi Arabia in Iraq’s affairs.

·To stop Iran’s nuclear-weapons program we need to put all the other issues between Iran and the West on the table reasonably quickly, make sure the interests of Israel, Russia, China and Saudi Arabia are served, and preserve the integrity of the non-proliferation agreement.

·If we want to get out of Afghanistan in any politically reasonable time frame, let’s resolve the Kashmir issue between India and Pakistan, establish an effective Pakistani political entity, bring the insurgent infested Federally Administered Tribal Area into Pakistan proper and corral all the decent contending Afghan parties to a powwow.

·Lastly, there is the continuing effort to create two states in Palestine. Violence has punctuated all recent attempts so that even some grand bargain proponents are now saying since everything has failed—from ceasefires and waiting for the ripe time to make peace, to the grand bargain of final-status negotiations—we have to look at the problem with fresh eyes. (That assumes there are fresh eyes and something new to see.)

This is a daunting list with daunting complexities; that’s the nature of a grand bargain. Put everything on the table, subject all basic considerations to an impressive range of discussion and try to limit events from derailing progress, as so often happens in Arab-Israeli negotiations. There are good reasons for pursing a grand bargain. It offers the hope of finality, real peace. The magnitude of the effort can give participants the sense of great achievement, the notion that creating a new world is at hand.

As power diffuses in the world, the United States will find the going even tougher, however charismatic its leadership, in fashioning grand bargains. Perhaps new “aggressive diplomacy” will work some magic. Unaggressive diplomacy certainly has achieved little this past decade.

The simple fact is that grand bargains are difficult to achieve. They are hard to put together because of all the necessary tradeoffs. With everything on the table, complexity is overwhelming and can generate endless bargaining and the constant reopening of issues that were thought settled. The enormous compromises that have to be reached make it difficult to sell grand bargains to publics. Once the effort fails, the situation is likely to worsen. The closest to a grand bargain in recent times was the Dayton agreements, but the contending parties were weak or utterly dependent on the U.S. Indeed Dayton was an incremental effort to establish Balkan stability.

The incremental approach is the dreary alternative to the grand bargain. It worked more or less in the containment of the Soviet Union, the growth and expansion of the EU, the armistice after the 1973 Yom Kippur War, the integration of China and the comprehensive peace agreement between North and South Sudan. While incremental agreements on these issues have not always led to any final settlement, they build some confidence among the parties and provide merciful periods of peace or the reduction of tensions. That is not to be sneered at. Incrementalism must be accompanied by vision and a political resolve to address root causes. Their absence is obvious in Africa where we take humanitarian measures in Sudan, Congo and Somalia that satisfy our publics, but do little to move the problem toward better resolution, while proclaiming our dedication to international moral principles.

We are not smart or powerful enough to both conceive and execute all the effort necessary to achieve wide-reaching agreements with parties with whom we lack cultural affinity or deep understanding. Nor does democracy make reaching such broad arrangements any easier; democratic governments change and goalposts are moved by domestic political forces. Incrementalism—the elements of which are involved in any grand bargain—also has its problems, but it is hard to forsake, and the standard must be twofold. First, our approach to seemingly intractable problems must be both realistic and broad. Second, any interim agreement or arrangement must not preclude moving on to the harder aspects of these monumental issues. With these two criteria in place, the incremental approach may not be as dreary as it sounds. We would be wise to listen with critical ear to the siren song of grand bargains.

This article, which is reprinted with permission, can be found here.