Syria Justice and Accountability Centre: The Importance of Protecting Mass Graves in Syria

SJAC Update | July 3, 2017
A mass grave in eastern Bosnia. Photo from Wikimedia

 

The Importance of Protecting Mass Graves in Syria

As Syrian Democratic Forces (SDF) advance on Raqqa, Kurdish sources have reported the discovery of an alleged Islamic State of Iraq and al-Sham (ISIS) mass gravesite four kilometers east of Tabqa. According to a 2016 Associated Press survey, ISIS has commonly used mass graves since 2014; the survey estimated ISIS has 72 mass gravesites in Iraq and Syria containing up to 15,000 bodies. Satellite imagery and other documentation indicate that both the Syrian government and ISIS use mass graves and burn sites to dispose of dead bodies, making victim identification difficult – but not impossible. Forensic DNA testing can aid in victim identification and crime scene investigation for use in future accountability efforts, but the ongoing conflict in Syria poses challenges to the proper preservation and analysis of mass graves. To avoid mishandling of dead bodies found in and around Raqqa, SDF forces, the US-led coalition, and the international community must commit to protecting the integrity of sites to eventually allow forensic experts unfettered access in conducting accurate investigations that yield evidence for future justice mechanisms and the safe return of bodies to families.

The United Nations (UN) considers a mass grave to be a location with three or more victims “of extrajudicial, summary or arbitrary executions” who have not died in combat. Under international humanitarian law (IHL), conflict parties should “take all possible measures” to prevent bodies from being despoiled and make all efforts to identify the dead and provide proper burials in marked graves. The use of mass gravesites hinders the accurate identification and recovery of remains, compounding the widespread missing persons crisis the Syrian conflict has produced.

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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org.

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U.S. Student Dies After Being Released By North Korea

By: Brian Kim
Impunity Watch Reporter, Asia 

PYONGYANG, North Korea – Otto Warmbier, a student at the University of Virginia, died on June 19, 2017 after spending 17 months in a prison in North Korea. Mr. Warmbier returned to Cincinnati on June 13 after being released by the North Korean government.

Otto Warmbier was detained in North Korea for allegedly stealing a propaganda sign. Photo courtesy of Reuters.

When he was traveling in China in 2015, Mr. Warmbier signed up for a five-day tour of North Korea with a Chinese company.

Mr. Warmbier was arrested in early January 2016 and was charged with “hostile act” against the regime for stealing government property. The North Korean government convicted him two months later after a one hour trial and sentenced him to 15 years of hard labor.

The doctors at the University of Cincinnati Medical Center received two M.R.I. scans from North Korea that showed Mr. Warmbier’s brain injury shortly after his conviction. The doctors believe that he suffered a “severe neurological injury.” The extensive loss of brain tissue in all regions of his brain was most likely caused by cardiopulmonary arrest that cut off the blood supply to his brain.

As the doctors are unable to identify what caused the initial injury, they found no evidence of broken bones or injuries that shows physical abuse. The regime blamed Mr. Warmbier’s injuries to a combination of botulism and sleeping pills.

Mr. Warmbier’s death increased tensions between North Korea and the United States as President Donald J. Trump spoke on the “brutality of the North Korean regime.” Previously, the North Korean government called President Trump a “psychopath.”

President Trump firmly stated that he is determined to “prevent such tragedies from befalling innocent people at the hands of regimes that do not respect the rule of law or basic human decency.”

Over 2,500 people gathered at Wyoming High School for Mr. Warmbier’s memorial service. He graduated from the school in 2013.

Three U.S. citizens, Kim Dong Chul, Tony Kim, and Kim Hak Song, are still held in North Korea.

For more information, please see: 

NYT – Otto Warmbier, American Student Released From North Korea, Dies – 19 June, 2017

BBC – Otto Warmbier: North Korea denies mistreating US student – 23 June, 2017

Reuters – North Korea says U.S. student’s death a ‘mystery to us as well’ – 23 June, 2017

Syria Deeply: Chemical warfare and rhetoric, Israel strikes Syria and battle against ISIS in Deir Ezzor

Chemical warfare and rhetoric, Israel strikes Syria and battle against ISIS in Deir Ezzor

Syria Deeply
Jun. 30th, 2017
This Week in Syria.

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

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Chemical Warfare and Rhetoric: Chemical weapons were once again in headlines about Syria this week, however, thankfully, not because there was another chemical attack on the ground.

White House Press Secretary Sean Spicer issued a brief two-paragraph statement on Monday claiming the U.S. had “identified potential preparations for another chemical weapons attack by the Assad regime that would likely result in the mass murder of civilians, including innocent children.”

The “activities” observed were “similar to preparations the regime made” before the chemical attack in Khan Sheikhoun on April 4, according to Spicer, who added that Assad and the Syrian military would “pay a heavy price” if a chemical weapon attack occurred.

The U.S. launched a missile strike on Syria’s Shayrat airfield in April, in retaliation for the Khan Sheikhoun attack. When asked why the U.S. administration believed Spicer’s statement would deter further chemical attacks, when U.S. military action didn’t, Deputy Press Secretary Sarah Sanders said: “I don’t know that it didn’t based on what we know at this point.”

No further information was given until the following day, when Pentagon spokesman Capt. Jeff Davis said the U.S. had observed “activity” at Shayrat airfield that involved a “specific aircraft in a specific hangar, both of which we know to be associated with chemical weapons use.”

The Syrian foreign ministry said the U.S. allegations were ‘‘misleading’’ and ‘‘completely baseless.’’ However, by Wednesday, U.S. defense secretary Jim Mattis said, “It appears that [the regime] took the warning seriously. They didn’t do it.”

On Thursday, the Organization for the Prohibition of Chemical Weapons (OPCW), confirmed that sarin gas was used in the April 4 attack, but did not identify the perpetrator.

Israel Strikes Syria: Israel attacked Syrian government positions in southern Syria four times in less than a week in response to mortar fire landing in the Israeli-occupied Golan Heights.

Israeli strikes on Saturday and Sunday hit Syrian military positions, ammunition trucks and artillery positions in Quneitra. The Syrian government claimed Israeli strikes hit a residential building and killed civilians.

On Wednesday, Israel said it hit a Syrian army position in the village of Samadanieh al-Sharqiyah, allegedly used to launch a mortar that landed in the Golan. Israeli prime minister Benjamin Netanyahu, who was visiting a town located about 12.5 miles (20km) from where the mortar fell on Wednesday, said: “Whoever attacks us, we attack them. This is our policy and we will continue to implement it.”

This policy was evident on Friday, when Israel again targeted Syrian army positions in response to additional errant mortar fire in the Golan.

Battling ISIS in Deir Ezzor: Several airstrikes hit the eastern province of Deir Ezzor, where both the U.S.-led coalition, Russia and Syria are known to carry out attacks against the so-called Islamic State.

Ground clashes between between ISIS and pro-government fighters also escalated at the southern entrance of Deir Ezzor city, according to the Syrian Observatory for Human Rights.

The coalition targeted an ISIS prison in al-Mayadeen on Monday, killing at least 57 people.

On Wednesday, at least 30 civilians were killed in airstrikes on an ISIS-held village of al-Dablan, roughly 13 miles (20km) southeast of al-Mayadeen.

Shelling in the area on Thursday killed at least eight civilians, including one child, according to SOHR.

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European human rights court finds Russia’s ‘gay propaganda’ law discriminatory

By: Sara Adams
Impunity Watch News Reporter, Europe

One of the activists involved in the case speaks after the hearing. Image courtesy of AP.

STRASBOURG, France – Russia’s law that banned the “promotion of homosexuality to minors” was ruled discriminatory on June 20 by the European Court of Human Rights (ECHR).

The law, introduced in 2013, made it illegal to engage in any event or act that attempted to “promote” homosexuality to minors. Three activists were fined for violating the law when they staged pro-LGBT protests between 2009 and 2012.

The fines ranged from around 85 US dollars (USD) to upwards of 8,400 USD.

The activists were unsuccessful in their first appeals to Russian courts, where they argued that the laws were discriminatory. As a member of the European Convention on Human Rights, the ECHR has the power to hear the cases that Russian courts refused.

The ECHR found that the activists had been discriminated against. They opined that the laws encouraged prejudice and homophobia in a democratic society. Even though the intent of the law, to protect minors, was in the public interest, the Court found that the application of the laws were “arbitrary” and lacked a clear definition.

They also found that the law served no legitimate public interest.

The Court held that the discriminatory effect of the law was a violation of the people’s right to freedom of expression. The Russian government was ordered to pay the activists almost $55,000 (USD) in monetary damages.

Discrimination against the LGBT community in Russia has been prevalent for several years. Until 1993, homosexuality was a punishable criminal offense. Until 1999, homosexuality was considered a “mental illness.”

Nearby Chechnya has also been in the news lately regarding LGBT rights. It has been reported that the republic, located within Russia, has been detaining gay men in detention camps.

Though Russia is a member country of the Convention on Human Rights, a law was adopted in 2015 that would allow Russia to overrule judgments from the Court. The law, supported by President Putin, aimed to give the country the right to ignore ECHR decisions if they “conflict” with the constitution.

The Justice Ministry in Russia has spoken out against the decision, claiming that the law did not establish any measures “aimed at banning homosexuality…or its official censure.” The Ministry has stated that it will appeal the ruling within three months.

For more information, please see:

New York Times – Russia’s ‘Gay Propaganda’ Laws Are Illegal, European Court Rules – 20 June 2017

The Guardian – Russian ‘gay propaganda’ law ruled discriminatory by European court – 20 June 2017

Reuters – European court angers Russia with ‘gay propaganda’ ruling – 20 June 2017

BBC News – European Court blasts Russia ‘gay propaganda’ law – 20 June 2017

NBC News – European Court Angers Russia With ‘Gay Propaganda’ Ruling – 20 June 2017

CNN – Russian ‘gay propaganda’ law discriminatory, European court rules – 20 June 2017

BBC News – Russia passes law to overrule European human rights court – 4 December 2015

 

War Crimes Prosecution Watch: Volume 12 – Issue 8


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 12 – Issue 8
June 26, 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