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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

Battle over EU migrant crisis continues in Court of Justice

By: Sara Adams
Impunity Watch News Reporter, Europe 

Migrants enter Austria and Hungary in 2015. Image courtesy of Getty Images.

LUXEMBOURG, Luxembourg – The European Court of Justice held against Asylum seekers from Syria and Afghanistan in a case on June 26.

The asylum seekers arrived in Croatia during the migrant crisis of 2015-2016. The families were then transported to Austria and Slovenia without proper visas. Many migrants seek to move north upon entry in places like Greece and Turkey. Countries in the north often have more resources to give refugees a better life.

Austria sought to deport the refugees back to Croatia under the Dublin rule.

Under the rule, individuals coming into Europe must seek asylum in the first country of entry. In this case, that country is Croatia.

While an exception to the rule does exist, the court held that it was not applicable in this case. Asylum seekers are only permitted to be transferred to another country under “exceptional circumstances.”

Despite the influx of migrants coming in to southern European countries, the court ruled that this did not constitute an “exceptional circumstance”.

Countries can also allow entry of an asylum seeker on humanitarian grounds. However, the court reasoned that the exception is not “tantamount to the issuing of a visa, even if [the admission] can be explained by exceptional circumstances characterized by a mass influx of displaced people into the EU”.

The asylum seekers will be deported to Croatia, where they can seek asylum there.

Austria is one of several northern European countries that has declined to take on refugees, despite the European Union’s quotas. The quotas were designed to offset the influx into poorer countries like Italy and Greece.

Hungary and Slovakia have also been against taking in refugees. The Court of Justice released an additional decision on July 26 that dismissed the two country’s claim against the mandatory relocation of asylum seekers.

The two nations sought to have the EU plan for relocation annulled. The arguments were rejected by the Advocate General of the court, Yves Bot.

“The contested decision automatically helps to relieve the considerable pressure on the asylum systems of Italy and Greece following the migration crisis of 2015,” he said. “[It is] thus appropriate for attaining the objective which it pursues.”

The relocation of migrants in the EU reached a “record level” in June, according to the European Commission. The EU continues to push forward against the countries that have failed to meet their obligations for accepting migrants.

The EU Migration Commissioner Dimitris Avramopoulos is calling on EU member states to “step up efforts” to re-locate migrants from Italy.

“Relocation works if the political will is there,” he says, adding, “Italy still needs our support.”

For more information, please see: 

CNN – Court: Responsibility remains with state of entry – 26 July 2017

CNN – Lawyer urges dismissal of Hungary, Slovakia case – 26 July 2017

Reuters – Top EU court adviser deals blow to easterner’s refugee battle – 26 July 2017

The Guardian – EU court backs migrant deportations by Austria, Slovenia – 26 July 2017

Politico – Top court clears Austria, Slovenia of turning back asylum seekers – 26 July 2017

Washington Post – The Latest: EU migrant relocation reached record in June – 26 July 2017

BBC News – EU migrant crisis: Austria can deport Asylum seekers, court says – 26 July 2017

Syria Deeply: Tillerson talks Syria, an update on the de-escalation zones and evacuations from Arsal

Syria Deeply
Aug. 4th, 2017
This Week in Syria.
 
Welcome to our weekly summary of Syria Deeply’s top coverage of crisis in Syria.

For Syria Deeply’s ongoing feature, Expert Views, we’re gathering fresh insight and commentary from our expert community. This week, we’ll focus on unpacking how Secretary of State Rex Tillerson’s recent remarks about working with Russia to a create “unified Syria” may or may not contradict Moscow’s de-escalation zone proposal. We invite you to share your insights 
here.

U.S. remarks on Syria, Russia: U.S. Secretary of State Rex Tillerson addressed Washington’s willingness to work with Russia on Syria-related issues that extend beyond the battle against the so-called Islamic State group, in a press briefing on Tuesday.

Tillerson acknowledged one major point of contention between the two states: their opposing views on President Bashar al-Assad, adding that from the U.S. perspective, “the Assad regime has no role in the future governing of Syria.”

However, Washington is “working with Russia [to] achieve the end state, which is a unified Syria … that has the opportunity for the Syrian people to put in place a new constitution, have free and fair elections, and select a new leadership.”

“If we think about Syria post the defeat of ISIS, what we are hoping to avoid is an outbreak of the civil war, because we really, as you know, have two conflicts underway in Syria: the war against ISIS, the civil war that created the conditions for ISIS to emerge,” Tillerson said. “We’re working closely with Russia and other parties to see if we can agree a path forward on how to stabilize Syria in the post-ISIS world.”

It is unclear what Tillerson meant by “hoping to avoid … an outbreak of civil war.” The conflict in Syria was already considered a civil war years ago, but now that is has drawn in hundreds of thousands of foreign fighters and the interests of various governments, it is largely believed to have outgrown that label.

De-escalation zone update: There is still no concrete plan to implement Russia’s de-escalation zone proposal in Syria, yet there have been developments on the ground.

Russia said it established the third of four proposed de-escalation zones, which covers three rebel-held towns and dozens of villages north of Homs city. Moscow also announced a cease-fire in 84 settlements populated by more than 147,000 people, defense ministry spokesman Igor Konashenkov said.

Both pro-government and rebel forces reportedly violated the cease-fire a number of times within 10 hours of it coming into effect, according to the Syrian Observatory for Human Rights (SOHR). Despite the violations, Russian military police reportedly deployed to the area the following day, according to the Associated Press.

A similar series of events took place last week in the Eastern Ghouta region of the Damascus suburbs, also a proposed de-escalation zone. A cease-fire collapsed within 24 hours, and Russia deployed military police in the area. Fighting has continued in area this week: At least 25 civilians have been killed in the 12 days since a cease-fire went into effect, according to SOHR.

Arsal evacuations: Roughly 7,000 Syrian refugees and al-Qaida-linked fighters were bused out of Lebanon into Syria, in the last phase of an exchange deal between militants and the Lebanese Hezbollah group. At least 1,000 among those transferred are militants, according to Reuters.

The agreement grants safe passage to refugees and remaining al-Qaida-linked fighters to Idlib province and the Qalamoun region, leaving control of this corner of the border to Hezbollah, the Lebanese army and the Syrian government.

In exchange, the al-Qaida-linked Hayat Tahrir al-Sham (HTS) alliance released eight Hezbollah fighters they held captive.

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