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War Crimes Prosecution Watch: Volume 12, Issue 11 – August 7, 2017

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Founder/Advisor
Michael P. Scharf
 
War Crimes Prosecution Watch
Volume 12 – Issue 11
August 7, 2017
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Editor-in-Chief
James Prowse
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.

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Supreme Court of India Modifies Anti-Dowry Law

By: Brian Kim
Impunity Watch Reporter, Asia 

NEW DELHI, India – The Supreme Court of India stated that the anti-dowry law is being misused in the country. Until dowry harassment charges can be verified, the court has ordered the authorities to stop arresting the accused.

Many have been protesting against the tough anti-dowry law. Photo courtesy of BBC.

Under the dowry system in India, the bride’s family transfers property or money to her husband as a condition of the marriage.

The practice of dowry, a long tradition in the Indian culture, has been banned since 1961. The Dowry Prohibition Act of 1961 implemented a tough anti-dowry law in the country. The law allows for immediate arrest of the accused but many have argued that it allows for women to file false cases. The original intent of the law was to help women, but many critics of the law stated that it is being used as “a weapon by disgruntled wives.” Although not many are convicted under this law, thousands of people are arrest every year.

To combat these issues, on July 27th, 2017, the Supreme Court of India ordered the states to establish family welfare committee to address dowry related problems. The court further established that all complaints received by the authorities must be given to the family welfare committee for its review. It is noted that no action can be taken against the husband and the in-laws until a full report is released.

In 2015, the Indian government’s data estimated that around 7,634 women were killed due to dowry-related issues. The centuries-old tradition of dowry continues to be an issue in India. Many anti-dowry proponents have argued that the tradition leaves women vulnerable to material issues which sometimes leads to violence and event death.

For more information, please see: 

BBC – India top court orders changes in anti-dowry law to stop misuse – 28 July, 2017

India Times – SC Stops Misuse Of Anti-Dowry Law By Women, No Arrest Can Be Make Until Charges Are Verified – 28 July, 2017

The Times of India – No arrest in dowry cases till charges are verified, says Supreme Court – 28 July, 2017

The New York Times: War-Crimes Prosecutor, Frustrated at U.N. Inaction, Quits Panel on Syria

 

By SOMINI SENGUPTA

BEIRUT, Lebanon — For six years, an independent United Nations-appointed panel has documented a litany of war atrocities in Syria that have grown increasingly brazen: torture of prisoners, attacks on hospitals, sexual slavery.

On Sunday, the panel confirmed that one of its three members — Carla del Ponte, a Swiss prosecutor — had resigned.

Speaking by phone from Ticino, Switzerland, late Sunday, Ms. del Ponte said she had hoped the Security Council would either refer the case in Syria to the International Criminal Court or set up a special tribunal. “I was expecting to persuade the Security Council to do something for justice,” she said. “Nothing happened for seven years. Now I resigned.”

Ms. del Ponte said she hoped her resignation would nudge the world body to act. “We are going nowhere,” she said.

 The panel’s two remaining members, Paulo Pinheiro of Brazil and Karen Koning AbuZayd of the United States, confirmed Ms. del Ponte’s resignation in a statement, and said they felt compelled to continue.
 “It is our obligation to persist in its work on behalf of the countless number of Syrian victims of the worst human rights violations and international crimes known to humanity,” the statement said. “Such efforts are needed now more than ever.”

The Independent International Commission of Inquiry on the Syrian Arab Republic, as the panel is officially known, has produced a stack of reports that chronicle evidence of war crimes and crimes against humanity. It also has compiled names of perpetrators of the most serious crimes, which the panel once threatened to reveal. Its reports are an object lesson in how blatantly the laws of war have been broken, with no near-term prospects of accountability. The panel, at one point, called the Syria conflict “a proxy war steered from abroad.”

Only the Security Council has the authority to refer the conflict to the International Criminal Court. That is unlikely, as Russia, a permanent veto-wielding member of the Security Council, backs the government of President Bashar al-Assad and has directly intervened in the war. So too has the United States, in what it says is an attempt to rout the Islamic State from its strongholds along the Euphrates River.

The General Assembly, responding to the sense of inaction, established late last year a highly unusual office within the United Nations system to compile evidence of war crimes for prosecution in the future.

The commission was appointed by the United Nations Human Rights Council, a Geneva-based body made up of 45 countries that Nikki R. Haley, the Trump administration’s envoy to the United Nations, has repeatedly criticized.

In June, the commission said that hundreds of civilians had been killed by United States-led airstrikes in and around Raqqa, the Islamic State’s de facto capital in Syria. In 2016, it chronicled how government forces had detained and torturedpeople in Syrian prisons. That same year, the commission found that the Islamic State had sold and enslaved minority Yazidi women.

Ms. del Ponte is no stranger to the frustrations of seeking justice for the gravest crimes. She served as a prosecutor in the war crimes court for the former Yugoslavia as well as the special tribunal for Rwanda. She wrote bitterly about how political imperatives obstruct the greater demands for justice.

Syrian Network for Human Rights: Euro-Med and Syrian Network Urge PA To Investigate Al-Safadi’s Execution

Al-Safadi’s Execution

The Syrian Network for Human Rights (SN4HR) and the Euro-Mediterranean Human Rights Monitor sent a letter to the Palestinian Authority President Mahmoud Abbas today, August 5,2017, demanding an immediate investigation into the execution of Palestinian engineer Bassil Kharbatil Al-Safadi, and hundreds of other Palestinians in Syria.

Since the beginning of the 2011 crisis in Syria, Palestinian refugees have faced serious violations that have escalated over time

Under the umbrella of Palestine’s International Criminal Court membership, the PA could investigate and question the Syrian authorities’ actions against the Palestinians of Syria over the past five years.

Since the beginning of the 2011 crisis in Syria, Palestinian refugees have faced serious violations that have escalated over time. “Targeting Palestinians as a separate group has become a goal in itself,” stated a spokesperson for the two London and Geneva-based human rights organizations.

In this context, crimes such the large-scale deliberate killing and targeting of Palestinian civilian neighborhoods and camps, using explosive barrels, arbitrary arrests and torture, which was documented by the two groups, fall within the category of crimes against humanity or war crimes.

The two organizations demanded that the results of the investigation to be submitted to the local Palestinian courts to prosecute those responsible for committing such crimes and to ensure justice and to prevent impunity.

Brazil Deploys Troops to Rio to Quell Crime Problem After Protest Over Police Deaths

By: Max Cohen
Impunity Watch Reporter, South America 

RIO DE JANEIRO, Brazil – After a police officer was killed in the Vidigal favela, police officers and their families began protesting the rising levels of violence. So far, approximately ninety-one police officers have been killed in the Rio state. Brazil’s government has deployed as many as 8,500 soldiers to the city, and is set to deploy up to 10,000, to help abate its crime problem.

Brail deploys 10,000 troops to deal with a surge in violent crime. Photo courtesy of Getty Images (from 2016).

Violence has been rising in the area since the end of the Olympics, and Brazil is currently experiencing the worst recession in its history. Corruption also rages rampant among government officers. An average of three people per day have been killed by stray bullets in the first six months of this year alone. This is in addition to alleged human rights abuses by the police, who caused the deaths of more than 800 people last year. In the first two months of this year alone the number of killings by Rio police were at 182, 78 percent more than at the same point last year.

The protestors, who gathered at the seafront in Copacabana complained about their loved ones trying to stem the tide of violence with few resources. They also deride the fact that the hard work of honest policemen isn’t given as much attention as alleged human rights abuses, and the officers themselves have been fighting to change the penal code to punish the killings of police officers more harshly.

A few weeks prior however, residents of Rio’s favelas packed the same area, pleading for an end to the lethal shootouts between drug traffickers and police. That protest came after a pregnant mother and her child were both seriously injured in a crossfire that took place in one of these shantytowns on the outskirts of Rio.

Brazilian Defense Minister Raul Jungmann has said that the soldiers would soon begin participating in operations against drug traffickers, a departure from their previously limited role in patrolling, manning checkpoints, and recovering weapons seized during raids. Due to President Michel Temer’s decree, the troops can remain in the city up until the end of 2018. While their efforts are focused on the city’s north side, where the violence has been more pervasive, armored vehicles also patrolled other, quieter areas in the city.

For more information, please see:

Deutsche Welle – Brazil sends troops to Rio de Janeiro to fight organized crime – 29 July, 2017

ABC News – Troops deploy in Rio de Janeiro amid increasing violence – 28 July, 2017

BBC – Rio de Janeiro begins deploying 10,000 troops to fight crime surge – 28 July, 2017

BBC – Rio de Janeiro: Police protest over rising Brazil violence – 23 July, 2017

Al Jazeera – Rio’s favela residents protest against killings – 2 July, 2017