BRIEF: Iraqi Official Gunned Down

The top aide to Iraq’s Finance Ministry, Qutaiba Badir al-Din Mohammed, was gunned down along with his driver in Baghdad.  The government has not commented on the death.

Also in the northeast province of Diyala,  10 people were killed.  The fighting arose through clashes between insurgents and policemen and the 1920’s Revolution Brigade.  The fighting claimed an eight year old child and women as collateral damage.  The victims were killed in seemingly random acts of violence.  For example, a policeman was killed in a drive by shooting.  Also, a bomb killed three people including a young child.

Associated Press- Iraqi Official Gunned Down in Baghdad- 4 November 2007

BRIEF: RAMSI Probes Alleged Brutality by Tongan Force

MALU’U, Solomon Islands – A platoon of Tongan soldiers on North Malaita assisted in an arrest last week involving several youths who had been wanted by the police for a long time.  Following the arrests, rocks were thrown into the soldiers’ camp, and there was an attempt to break into the camp on 23 October.  After disturbing the intruders, soldiers found a bag containing weapons, which they turned over to the police.

Lieutenant Colonel Ian Upjohn, the RAMSI military commander, assured Solomon Islanders that RAMSI soldiers follow the same laws as everyone else in the Solomons.  He told Radio New Zealand International, “If they are attacked I expect them to defend themselves. By the same token everyone is subject to rules of engagement and the need to use force only if reasonable and necessary and not more than that. And if my investigation leads me to people who have conducted themselves improperly then they will be dealt with quite severely.”

For more information, please see:

Solomon Star – RAMSI probe Malu’u incident – 02 November 2007

Islands Business (Pacnews) – RAMSI investigates Tongan soldiers alleged brutality – 02 November 2007

Radio New Zealand International – RAMSI probes reports of altercation between soldiers and drunk Solomons youths – 02 November 2007

Iraq: Government signals removal of Contractors’ Immunity

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

BAGHDAD, Iraq- On Tuesday, the Iraqi government proposed legislation to remove immunity for independent government contractors like Blackwater USA.  This draft law would overrule the Order 17 by L. Paul Bremer on June 27, 2004, which gave all private contractors and others associated with Bremer immunity from Iraqi law.

Bremer was the Director of Reconstruction and Humanitarian Assistance for Iraq and Administrator of the Coalitional Provisional Authority.  In essence, he was the top U.S. official in charge of Iraq and reported to the U.S. Secretary of Defense until the handover to the Iraqis for self governance.

The act, if passed, would only apply to future acts.  It probably will make the hiring of government contractors such as Blackwater USA much more difficult, because of the contractors’ reluctance to be held to Iraqi law.  Blackwater USA and other contractors were specially utilized because of their different rules of engagement, which typically allowed them more discretion when facing hostile situations than the official military.  However, this incentive will be dropped because the contractors will be held at higher standards by the Iraqi government than the official U.S. soldiers.

The U.S. government, however, may try to extend the immunity to the government contractors.  Since the legislation is not retroactive the lift on the ban could not apply to the Blackwater USA agents involved in the September 16 shooting where 17 Iraqis were killed.  If those agents acted wrongfully the conduct would fall under the jurisdiction of the United States.  However, it will be difficult for a fact finder to hold the agents liable because most of the agents who testified were granted immunity for those actions.  Concurrently, Blackwater’s owner maintains that his company was justified in their actions on September 16, and Blackwater not guilty of any wrongful misconduct.

Every government must show a firm commitment to protect its citizens.  This law lifting immunity for contractors is necessary for the Iraqi government to show its willingness to protect its citizens irregardless of outside pressures.  Although the immunity ban would not be retroactive, if enforced, it can set a clear precedent of greater protection for Iraqi civilians from future contractors.

For more information, please see:

BBC News- Blackwater men ‘given immunity’- 30 October 2007

BBC News- Iraq to end contractor immunity- 30 October 2007

Houston Chronicle (AP)- Iraq bill would lift contractor immunity- 30 October 2007

International Herald Tribune- Immunity deals offered to Blackwater guards- 29 October 2007

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17 (REVISED)- STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNF- 27 June 2004

Amnesty International Questions Rwandan Justice System

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

KIGALI, Rwanda – Amnesty International issued a press release on Friday urging governments worldwide to not transfer any individuals suspected of crimes during the 1994 Rwandan genocide for trial.   The organization raised several concerns with the Rwandan justice system related to its ability to investigate and prosecute crimes fairly and impartially, and in accordance with international standards of justice.   

Amensty highlighted three main issues that need to be addressed: concerns about the right to a fair trial within Rwanda; the risk of torture and cruel, inhuman, and degrading treatment including “appalling prison conditions”; and the ability of the systems that are in place to ensure that victims and witnesses that take part in the process are provided full protection and support.

Amnesty International also urged the International Criminal Tribunal for Rwanda (ICTR) to not transfer any of its cases to Rwanda until the government addresses the issues raised.  The ICTR was created in 1994 by the Security Council and tries the most serious cases in Arusha, Tanzania.  To date, the court has tried 27 cases and issued 22 convictions.   

The Rwandan government has made several formal and informal requests to various governments for the extradition of several individuals accused of genocide, war crimes, and crimes against humanity.   In June of this year, Rwanda abolished the death penalty in hopes that it would enable countries that object to capital punishment to extradite suspects. 

In 2001 the country turned to the traditional “gacaca” system, when the jails were packed with more than 100,000 genocide suspects.  Amnesty argues that “the guarantees of fair trials are not applied in the gacaca courts” that that “drains the whole legal system.”

Rwanda has rejected all of Amnesty International’s objections as unfounded.  Rwanda’s prosecutor general, John Ngoga, told IRIN: “What Amnesty International is not offering is actual facts and evidence…It’s just blatant allegations.  We will continue to pursue fugitives, wherever they are.”  Ngoga further accused Amnesty of agitating for impunity.

Since the genocide ended 13 years ago, Rwanda has been keen to play a role in the prosecution of those responsible in the orchestrated slaughter of 800,000 ethnic Tutsis and moderate Hutus.  Many see the use of domestic courts, rather than international or foreign courts, as being key to calming tensions that have persisted.   

For more information, please see:

AllAfrica.com – Rwanda: Country Scoffs at Amnesty Claims – 3 November 2007

BBC News – ‘Don’t extradite’ Rwanda suspects – 2 November 2007

AFP – Don’t extradite Rwandan genocide suspects: Amnesty – 2 November 2007

AllAfrica.com – Rwanda: Genocide Justice System Prompts Row With Amnesty – 2 November 2007

AllAfrica.com – Rwanda: Amnesty International Asks the ICTR Not to Transfer Cases –2 November 2007

VOA News – Amnesty Urges Governments Not to Extradite Genocide Suspects to Rwanda – 2 November 2007

AllAfrica.com – Rwanda: Prosecutors Trained to Handle Genocide Cases – 2 November 2007

Another Hijacked Ship

By Myriam Clerge
Impunity Watch Reporter, Eastern and Southern Africa

NAIROBI, Kenya – Two ships were hijacked in two consecutive days off the coast of Somalia. A Japanese chemical tanker with 23 crewmen was hijacked on Sunday and a North Korean vessel was hijacked either late Monday or early Tuesday. The East African Seafarers’ Assistance Programme and the International Maritime Bureau’s Piracy Reporting Centre, a regional maritime organization and a piracy watchdog respectively, confirmed the hijacking of the Japanese ship known as the Golden Nory. Although a U.S. destroyer sank two skiffs attached to the ship, it remained under pirate’s control. The fate of the Japanese tanker and its crewmen are presently unknown, however the U.S. Navy continues to monitor its movement.

Fortunately, the crew of the North Korean ship, MV Dai Hong Dan, was able to overpower the hijackers. According to reports of the investigation, the same men that were supposed to dock the ship conceived the hijacking plan. After its seizure, militiamen demanded $15,000 ransom to release the ship and its crew on Tuesday. That same day, the U.S. Navy received a distress call from the ship. A helicopter was dispatched to the vessel to investigate the call and soon after the 22 crewmen overwhelmed the five hijackers, leaving two dead.

According to Defense Department spokesman Geoff Morrell, the assistance of the U.S. military was not an indication of a more aggressive stance at Somali piracy however the surge of terrorist involvement is a concern. In total this marks the 26th ship attacked by Somali pirates this year, presently four boats are being held by armed pirates.

Somalia has been in a state of anarchy since 1991. The transitional government and Ethiopian forces has been unable to keep the streets of the capital safe, never mind the coasts of the country.

For more information please see:

Yahoo News (AP)- US Military Takes on Latter-day Pirates – 2 November 2007

BBC – Pirates ‘Overpowered’ Off Somalia – 30 October 2007

Reuters: Africa- Somali Pirates Hijack Japanese Tanker – 29 October 2007

AllAfrica.com- Somalia: U.S. Navy Saves Korean Hijacked Vessel off Coast – 30 October 2007

Yahoo News- With US Help, Ship Crew Defeats Pirates – 30 October 2007

Reuters: Africa- Somali Pirates Seize another Ship – 30 October 2007