International Center for Transitional Justice: World Report July 2017 – Transitional Justice News and Analysis

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ICTJ World Report
July 2017

 

 

 

In Focus

A Noble Dream: The Tenacious Pursuit of Justice in Guatemala

Bring General Rios Montt and other high ranking members of the military to trial in the Guatemalan courts for genocide? In 1999 it was a noble dream for justice, but one with little apparent possibility of ever coming true. On International Justice Day, walk the long path to justice that led to this historic trial?

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World Report

Africa

Victims of past election violence in Kenya demanded compensation before the next election. In the Kasai region of the Democratic Republic of Congo, soldiers were convicted for the murder of militia members, which is also where authorities found a dozen more mass graves. The UN denounced the decision by a DRC military tribunal to not prosecute seven soldiers for crimes against humanity. South Africa’s African National Congress political party declared support for the country’s withdrawal from the ICC following a corresponding court decision. An inquiry into the death of an apartheid-era activist has been re-opened. Uganda’s Amnesty Commission failed to reintegrate and resettle ex-rebels. A bishop in Liberia encouraged the establishment of a war crimes court to preserve and ensure the nation’s democracy. In the Gambia, a draft bill on Truth and Reconciliation was beginning to be reviewed by the country’s judiciary. On July 4th, Rwanda celebrated Liberation day, commemorating the day the 1994 genocide ended, while UN court proceedings continued the review of a criminal’s case who had requested exoneration. A parliament member of Zambia called for the inclusion of peace and conflict resolution studies into national education curriculum.

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Americas

Colombia’s FARC rebel group disarmed after decades of war. The UN Security Council agreed to monitor Colombia’s peace process until 2020, while the ICC is pushing for prosecutions of members of various generals, corporals and the country’s Armed Forces commander. In Argentina, four former military officers were arrested for crimes against humanity committed in 1976. The former dictator of Peru, Alberto Fujimori, is having his case reviewed after his daughter claimed that he was falsely sentenced. Canada apologized and gave a reparations payment to a former Guantanamo Bay prisoner, after a court concluded that his rights were abused. In Mexico, dozens of NGO’s requested an ICC investigation of crimes against humanity in a prison in the state of Coahuila.

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Asia

In Nepal, the Truth and Reconciliation Commission (TRC) began looking into rights violations. The TRC and the Commission of Investigation on Enforced Disappeared Persons called on the Prime Minister to extend their term until the probe into war-era cases concludes. Nepalese families of war victims will receive a reparations payment through the Relief and Rehabilitation Unit under the Ministry of Peace and Reconstruction. In Myanmar, a tribunal will be held this fall to highlight atrocities committed against the Rohingya. The country also released child soldiers that fought under the former junta. In Cambodia, a production honoring victims of the nation’s conflict will begin on a global scale and a peace museum will open to acknowledge the country’s history. The UN-backed Cambodian tribunal trying Khmer Rouge atrocities admitted that only some perpetrators will face justice. Prosecutors delivered closing arguments in the case against Khmer Rouge leaders Nuon Chea and Khieu Samphan, focusing on the genocide charges they face. Taiwan will declassify records to continue transitional justice efforts. Additionally, a Taiwanese act took effect in order to protect indigenous languages and cultures.

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Europe

In the Netherlands, a Hague Appeals Court confirmed that Dutch UN peacekeepers were partly liable for a 1995 massacre near Srebrenica. An Amsterdam city hall named for a Nazi accomplice is in the process of being renamed. On July 11th, Bosnia remembered the 1995 Srebrenica massacre. The appeals chamber of the Bosnian state court confirmed the conviction of a former military policeman for committing crimes against humanity in the Bihac area in the summer of 1992.In Croatia, victims are awaiting justice for crimes committed at a prison camp in Serbia. In Scandinavia, a Truth Commission began in Finland to unveil discrimination of the Sámi people. In France, a former judge was selected to aid the UN in prosecuting Syrian war crimes. Meanwhile, a family seeks in the United States seeks to regain a painting they say was plundered in Nazi Germany. A 98-year old Minnesota man who was accused of Nazi war crimes in Poland. In Kosovo, a court will charge former guerrillas for crimes committed in the country’s war. Elsewhere, holocaust survivors in Romania became eligible for reparations. In Spain a court began investigating a war crime in Syria, on behalf of the victim’s family member in Madrid.

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Mena

In Syria, victims of a chemical weapons attack demanded accountability for the crime, and hundreds of refugees returned to their Syrian homes after unsafe conditions arose in Lebanese refugee camps. Lebanon’s human rights minister called for an investigation into the deaths of four Syrian refugees. In Afghanistan, the ICC delayed investigating war crimes due to “substantial” new information from Kabul. Australian special forces are being investigated for war crimes committed in two Afghan provinces. In other news, Israel paid compensation to Turkish victims of a 2010 raid on a flotilla. Regarding Saudi Arabia, British arms sales will continue following a decision from the London high court, despite their use in alleged war crimes in Yemen.

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Publications

Not Without Dignity: Views of Syrian Refugees in Lebanon on Displacement, Conditions of Return, and Coexistence

Discussions about a future return of refugees and coexistence among groups currently at war in Syria must begin now, even in the face of ongoing violence and displacement.

View Report

When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Sexual violence against men and boys in times of conflict or repression is alarmingly common— and takes a markedly consistent form across contexts in terms of how it affects victims and societies as a human rights violation that is taboo to talk about. It has been committed in all cultures, geographic regions, and time periods.

View Report

More Publications

Upcoming Events

November 07 – 08, 2017

The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity Emergency Location: Ulster University, Jordanstown campus View Details

October 09 – 13, 2017

Negotiating Peace and Justice: ICTJ’s 2017 Intensive Course on Transitional Justice and Peace Processes Location: Barcelona, Spain View Details

More Events

 

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Rise For Syria: Syrian Conflict Through an Artist’s Eyes

Syrian Conflict Through an Artist’s Eyes

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Social media gives voice to creative expression in ways that news media could never convey. Photographers may capture destroyed buildings and bloody casualties but through an artist’s eyes you feel the story in a way that is truly personal. Art can be disturbing and healing both in its’ creation and through the experience of the viewer. Artist Moustafa Jacoub of Syria has a profound way  of contrasting the humanitarian crises with the universal desire to dream and play.

Whatever your personal interpretation may be, the feelings are universal within each of us.

We experience earthly angst and sublime beauty with a backdrop of sun and stars as our planet floats through time.

We may be refugees from our place of origin, immigrants traveling across eternity, but there is a place within each of us that is home…

In that place we are all connected despite the circumstances of our personal lives.

Compassion is the thread that stitches the seams of our torn reality.

Rise for Syria is a powerful, citizen-driven initiative to alleviate suffering for those who have lost their homes and are traumatized by the war. Even the smallest amount of generosity will go a long way to helping people heal and rebuild their lives!

Myanmar Denies Human Rights Violations Against Rohingya Muslims

By: Brian Kim
Impunity Watch Reporter, Asia 

NAYPYIDAW, Myanmar – Myanmar’s government stated that it will not allow members of the United Nations to enter the country to investigate potential human rights violations against Rohingya Muslims.

Aung San Suu Kyi, Myanmar’s leader, led the National League for Democracy party to a majority win in 2015. Photo courtesy of Reuters.

The United Nations Human Rights Council report which was prepared in February stated that thousands of civilians are getting killed and raped by Myanmar’s soldiers. Then in March, three legal experts and human rights advocates were appointed by the UN Human Rights Council to lead the operation to investigate the alleged violations.

Myanmar’s leader, Aung San Suu Kyi, denied the Council’s request to investigate in May and stated that it is not in keeping “with what is actually happening on the ground.” She further denied “ethnic cleansing” of Rohingya Muslims and stated that “ethnic cleansing is too strong an expression to use for what is happening.” The government has previously denied human rights violations by stating that it was “propaganda.”

Aung San Suu Kyi has been condemned for failing to protect more than 1 million Rohingya Muslims in Rakhine. Historically, Myanmar has not recognized Rohingya Muslims as an ethnic group and treated them as illegal immigrants from Bangladesh. The Rohingya Muslim minority suffers from discrimination in Buddhist-majority Myanmar.  In 2012, around 140,000 – mostly Rohingya – were forced to leave their homes.

Myanmar officials maintains that a domestic investigation is being conducted under the leadership of the former lieutenant general and Vice President, Myint Swe. He has stated that the United Nations fact-finding mission will not contribute to their current internal investigation.

For more information, please see: 

Independent – Burma says it will not let outside world investigate Rohingya ‘genocide’ claims – 30 June, 2017

AP – Myanmar to bar UN human rights investigators from entering – 30 June, 2017

Reuters – Myanmar says it will refuse entry to U.N. investigators probing Rohingya abuses – 30 June, 2017

Venezuela’s Attorney General Banned From Leaving Country

By: Max Cohen
Impunity Watch Reporter, South America

CARACAS, Venezuela – On June 28th the Venezuelan Supreme Court, controlled by Maduro loyalists, froze the assets of Attorney General Luisa Ortega Diaz and have banned her from leaving the country. The United Nations expressed concern over this act, and urged the Venezuelan government to abide by the rule of law and allow for peaceful protests. Attorney General Diaz stood against Maduro’s government in March when the Supreme Court attempted to strip the opposition controlled Congress of its powers. She has also recently accused Maduro’s government of committing “state terrorism” based on the response of authorities to antigovernment protests. Her court hearing is currently scheduled for July 4th. Attorney General Diaz has also asked the Inter-American Commission for Human Rights for protection.

Luisa Ortega Diaz who has recently become a critic of the Maduro government, and was barred from travel by the Venezuelan Supreme Court. Photo courtesy of BBC.

The Supreme Court of Venezuela has also attempted to strip Attorney General Diaz’s powers by giving Tarek William Saab, a Maduro loyalist and ombudsman, the ability to conduct criminal investigations. Diaz has rejected the ruling, claiming that it gives the power to investigate human rights abuses to the abusers themselves.

A day after this, Attorney General Diaz’s office officially charged Antonio Benavides, the former head of Venezuela’s National Guard, with human rights abuses after months of protests have left approximately 80 people dead. Ortega’s office has claimed that abuses by police are responsible for 23 of those deaths. Benavides was removed from his post last week, but since then he has been reassigned as head of Venezuela’s Capital District government. He was also one of seven individuals sanctioned in 2015 by then US President Barack Obama for human rights abuses.

Approximately one year ago, an American named Josh Holt was arrested in Venezuela on weapons charges. Although, because he hasn’t been given any preliminary hearings makes US officials doubt the reasons behind his detention. Holt had traveled to Venezuela to marry Thamara Candelo, a woman he had met online while practicing his Spanish. Currently, all that’s known is that he’s being held in a prison run by Venezuela’s intelligence police. Maduro has blamed the United States for the protests within his country, although whether this is the reasoning remains to be seen.

For more information, please see:

The Telegraph – Venezuela’s chief prosecutor asks Inter-American Commission on Human Rights for protection – 1 July, 2017

Santa Fe New Mexican – Utah man stuck in Venezuela jail – 30 June, 2017

The Atlantic – Venezuela’s Ex-Security Chief Charged With Human Rights Violations – 30 June, 2017

UN News Centre – Venezuela bans Attorney General from leaving country; UN rights office voices concern – 30 June, 2017

BBC – Venezuela crisis: Attorney general banned from leaving country – 29 June, 2017

War Crimes Prosecution Watch: Volume 12, Issue 10 – July 24, 2017

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 10
July 24, 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

Israel and Palestine

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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