Uganda’s Government and LRA Rebels Agree to Special Court for War Crimes

By:  Lindsey Brady
Impunity Watch, Managing Editor – News

KAMPALA, Uganda – Conflict between the government of Uganda and the rebel Lord’s Resistance Army (“LRA”) has resulted in twenty years of fighting and the displacement of nearly 2 million people in Northern Uganda.  The LRA is a splinter group of the Ugandan People’s Democratic Army (“UPDA”) led by Joseph Kony.  According to BBC News, the LRA is notorious for mutilating its victims and kidnapping children to be soldiers, porters and sex slaves.

Kony and two lieutenants of the LRA have been charged with atrocities by the International Criminal Court (“ICC”).  International law requires that those charged be turned over to the ICC in the Hague immediately once captured or upon surrender.  Kony is believed to be hiding in the Democratic of Congo.  The LRA has refused to disarm while the three LRA leaders are wanted by the ICC.

On Monday the Ugandan government and the LRA signed an agreement outlining how war crimes would be dealt with.  Under the agreement the Ugandan government would establish a unit to investigate and prosecute those individuals who have planned or carried out “widespread, systematic or serious attacks.”  The unit will focus particularly on violations against women and children.  According to BBC News, Captain Chris Magezi, the spokesman for the government negotiating team, said “a  special division of the Ugandan High Court would be set up to deal with serious rebel crimes.”  Traditional courts would be used for lesser offenses.

The Ugandan government views this agreement as a practical approach to ending the long brutal war with the LRA.  Yahoo! News quoted Norbert Mao, chairman of the Gulu District – which has been ravaged by the war – hailed the agreement as a major step towards peace”  Human Rights Watch concurs with Mao but believes the true test will come in time as the world watches how the agreement is enforced.

The agreement, however, has been met with great criticism.  Amnesty International views the agreement as allowing the LRA leaders a deal to avoid punishment for crimes against humanity and war crimes that would be tried under the ICC.  Christopher Keith Hall, Senior Legal Adviser for Amnesty International’s International Justice Project, stated “at the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham.”

For more information, please see:

BBC News – Ugandans Reach War Crimes Accord – 19 February 2008

Yahoo! News – Ugandan Rebel Deal Met with Skepticism, Hope – 20 February 2008

All-Africa.com – Uganda:  Government Cannot Negotiate Away International Criminal Court Arrest Warrants for LRA – 20 February 2008

Refugees International – Uganda:  Challenges of Peace and Justice – 20 February 2008

British Police Failed to Arrest Israeli General in 2005

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

LONDON, United Kingdom – On February 19, the BBC reported that British police feared an armed confrontation if they tried to arrest an Israeli general accused of war crimes in 2005.  BBC report cited documents prepared for the Independent Police Complaints Commission (IPCC), a police watchdog, which investigated the failure to arrest Israeli Major General (retired) Doron Almog.  In September 2005, Almog remained on an El Al plane at Heathrow airport when he was tipped off that British police were waiting to arrest him.  The El Al plane later returned to Israel, with the general on board.

According to the BBC report, the police were concerned that if they stormed the plane, it would lead to an armed confrontation with El Al’s air marshals or the general’s security guards.  In the police log, Detective Superintendent John MacBrayne, who was in charge of the operation, commented that he was concerned whether the police had a legal right to board the plane after El Al refused entry.

The plan was to intercept Almog at the immigration desk, where he would be escorted to the Heathrow police station.  However, the plan was leaked to the Israeli Embassy and Almog was warned of the arrest.

Daniel Machover, of the British solicitors Hickman and Rose, which represents the alleged victims, said “We are astonished that the legal position wasn’t clear in the minds of the officers at the airport.”  Hickman and Rose also criticized the police for not keeping the arrest warrant secret.  They filed the complaint that led to the IPCC investigation into the failed arrest.

The IPCC completed its investigation in summer 2006 and stated that it found no evidence that the police were guilty of “improperly disclosing information.” The IPCC also stated that they were satisfied that there was no breach of the police code of conduct by not boarding the plane to execute the warrant.

The arrest warrant was issued in relation to a complaint filed by the Palestinian Centre for Human Rights.  The human rights group filed a complaint against Almog under Britain’s Universal Jurisdiction Legislation, a law that allows Britain to charge foreign nationals with war crimes, even if British citizens were not involved.  The group claims that the Israeli Defense Force, commanded by Almog, destroyed 59 houses in the Rafah refugee camp in Gaza in 2002, in retaliation for attacks against Israel.  The arrest warrant has since been dropped for procedural reasons.

The attempt to arrest Almog resulted in outrage and concern among Israeli officials.  In December 2007, former Shin Bet (Israel Security Agency) chief, Avi Dichter, turned down an invitation to visit Britain out of concern that he could be arrested for his role in the 2002 assassination of a senior Hamas militant in Gaza.

For more information, please see:
Ha’aretz – Report: UK Police did not Arrest IDF General Fearing Shootout – 20 February 2008

The Times (London) – Israeli General Escaped Arrest at Heathrow “Because Police Feared Gunfight” – 20 February 2008

BBC – Police Feared “Airport Stand-off” – 19 February 2008

Guardian – UK Feared Clash with Israeli General – 19 February 2008

Independent – Why Israeli General Avoided Heathrow Arrest – 19 February 2008

Jerusalem Post – British Police Halted Almog Arrest – 19 February 2008

Telegraph – “Stand-off fears” Stopped Israeli General’s Arrest – 19 February 2008

BRIEF: Only 22 African Union Member Countries Have Ratified the Protocol Establishing its Human Rights Court

ARUSHA, Tanzania – According to the President of the African Human Rights Court, Professor Gerard Niungeko, the Court and those having an interest in it urgently need to campaign for additional signatories to the Court’s establishing Protocol. Only 22 of the 53 African Union (AU) member States have ratified the Court’s establishing Protocol. Only one country, Burkino Faso, has accepted the AU Court’s power to hear claims from NGO’s and individuals.

The Court is empowered to issue binding decisions on AU members and is currently hiring staff for its new location and headquarters in Arusha, Tanzania.

For more information, please see:

Allafrica.com – Africa: Only 24 African Countries Have Ratified Protocol for Human Rights Court – 18 February, 2008

African Union – List of Countries Which have Signed, Ratified/Acceded to the Protocol  to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and People’s Rights –  accessed 19 February, 2008

BRIEF: Lebanon Charged 79 in Connection with Riots

BIERUT, Lebanon – On February 11, a Lebanese military prosecutor charged 19 soldiers, three of them officers, and 60 civilians in connection with the violent riots that resulted in seven deaths.  The incident, which occurred on January 27, began as Shia residents took to the streets to protest against electricity rationing.  The demonstration escalated into violence as the Lebanese military attempted to contain the demonstrators and shots were fired.

Military Tribunal Magistrate Jean Fahd charged two officers and 11 soldiers with involuntary manslaughter for violating military orders by opening fire at demonstrators.  Although they did not intend to kill, their actions “caused the death of six civilians and wounded several others.”  If convicted, they face a sentence of five years with hard labor.

Fahd also charged one officer and five soldiers with disobeying military orders but without causing any casualties.  If convicted, they face a sentence of two years with hard labor.  The tribunal also charged two civilians with carrying unlicensed weapons and 58 civilians were charge with rioting and treating army troops “harshly”.

No one was charged in connection to the death of Ahmed Hamza, a supporter of Amal, one of Lebanon’s main opposition groups.  According to military officials, it is still unclear whether the bullet that killed Hamza was fired by the military or by a civilian.

For more information, please see:
Daily Star – 19 Soldiers among 79 Charged in Protests – 13 February 2008

BBC – Charges over Lebanon Riot Deaths – 12 February 2008

International Herald Tribune – Prosecutor Charges 79 in Lebanese Riots that Killed 7 – 12 February 2008

Reuters – Lebanon Charges 19 Soldiers over Protest Shootings – 11 February 2008

No return in sight for Darfur refugees as problems continue to mount

By Ted Townsend
Impunity Watch Reporter, Africa

The Sudanese government-backed attacks on local rebel groups in Darfur have displaced many people and resulted in an alarming number of missing children. A steady flow of Sudanese refugees has arrived in neighboring Chad since the February 8th attacks, called the “worst violence in the region in months.”  They have joined the estimated 240,000 refugees already in Chad.

The attacks, carried out by local militia on horses, camels, and in trucks, were designed to eradicate Justice and Equality Movement (JEM) rebel forces from the towns of Abu Surouj, Sirba and Seleia. While the Sudanese government claims the militia acted independently, residents say the militia was mobilized by the Sudanese army. Between twelve and thirty-thousand residents left their homes, fleeing to Chad and towns along the border.

The raids killed an estimated 100 civilians, a number the Sudanese government disputes, claiming many killed were rebels in civilian clothing.

The United Nations Refugee Agency and similar agencies have struggled to assist the refugees, many of whom are “destitute and terrified.” Aid teams are attempting to help provide basic needs, such as food and medicine, but other concerns have developed. Many children, especially boys ages 12 to 18, have gone missing. An initial UNICEF assessment showed 800 children unaccounted for. While that figure may actually be lower, the missing children and care of orphan children has become a high priority.

As aid agencies try to bring assistance to the region, those who have been displaced wonder when they can return. In the border town of Kondobe, many residents who expected to return are now revising their plans and trying to build makeshift homes for themselves. Many can still “hear shooting day and night.” The Sudanese government has also begun bombing emptied refugee camps.

A joint United Nations and African Union peacekeeping force is attempting to bring stability to the war-torn country. However, it has faced significant setbacks which include “stonewalling” from the Sudanese government.

For more information, please see:

Allafrica.com – Sudan: Hundreds of Children Mission after Darfur Attack – 14 February 2008

NY Times.com – Attacks Pushing Darfur Refugees into Chad,  – 11 February 2008

Reuters – Sudan bombs empty Darfur camp – rebels, – 18 February 2008

Reuters –Thousands of villagers flee after Darfur offensive, – 18 February 2008