War Crimes Prosecution Watch: Volume 12, Issue 4

 


FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 12 – Issue 5
May 15, 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

North Korea

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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Week 4 of Palestinian Prisoners’ Hunger Strike

By: Yamillet Brizuela
Impunity Watch Reporter, Middle East

RAMALLAH, West Bank – May 14, 2017 marked the 28th day of the mass hunger strike by approximately 1,500 Palestinian prisoners in Israeli prisons to protest their administrative detention. This hunger strike started on April 17, 2017, with hopes of drawing international attention to the plight of prisoners. They aim to put pressure on Israeli authorities to spur a change in policy.

About 1,500 Palestinian prisoners in Israeli prisons are on their 4th week of a hunger strike. Photo Courtesy of Reuters.

The prisoners’ demands involve improvements to prison living condition which they believe, currently, violate basic human rights. They also denounced the torture, ill-treatment, and medical negligence of them by Israeli authorities. The Palestinian prisoners further denounced Israel’s practice of administrative detention, which allows for internment without trial or charge for six-month intervals that can be renewed indefinitely.

Other demands include: more family visits, education options, and public telephones, and are protesting unfair trials, detention of children, medical negligence, and solitary confinement.

Having lived off only salt water and now entering the 4th week of the hunger strike, a conversation of force-feeding the prisoners has arisen. Force-feeding violates international human rights standards.

Under international human rights law, prisoners must be guaranteed basic human rights, which include the right to maintain a family life and freedom from torture and other forms of CIDT, cruel, inhuman or degrading treatment.

The United Nations Committee Against Torture has called on Israel to ensure that prisoners on hunger strikes are not subjected to force-feeding or other medical treatment against their will, as it could amount to torture.

However, without negotiations with prisoners by the Israeli authorities, it is highly likely that prisoners would suffer permanent health damage and possible death.

For more information, please see:

Aljazeera – A Timeline of Palestinian Mass Hunger Strikes in Israel – 12 May 2017

Aljazeera – Palestinian Shot Dead by Israeli Forces in Nabi Saleh – 12 May 2017

Aljazeera – Palestinian Hunger Strike Highlights Medical Neglect – 12 May 2017

Daily Times – Palestinian Hunger Strikes- 13 May 2017

Ma’an News Agency – Palestinian Prisoners Enter 27th Day of Mass Hunger Strike – 13 May 2017

Ma’an News Agency – Funeral Held for Palestinian Killed by Israeli Forces During Solidarity March- 12 May 2017

Palestine News Network- Israeli Doctors Reject Force-Feeding Prisoners on Hunger Strike – 10 May 2017

Russian blogger convicted for inciting religious hatred

By: Sara Adams
Impunity Watch News Reporter, Europe

Ruslan Sokolovsky awaits sentencing in a Russian court. Image courtesy of Reuters.

MOSCOW, Russia – Russian blogger Ruslan Sokolovsky was convicted by a Russian criminal court on May 11 for insulting religious beliefs and inciting hatred. These actions are criminal offenses under Russian criminal codes.

The conviction comes after nearly a year of criminal proceedings after his arrest. Last August, Sokolovsky entered an Orthodox church in Yekaterinburg while playing the augmented reality game Pokémon Go on his smartphone. He had posted a video of himself playing the game on YouTube. At the end of the video, he said what many perceived to be an anti-religious insult. Sokolovsky’s YouTube channel included other videos that were seen as being against the Russian Orthodox Church.

After searching his apartment in September, authorities arrested Sokolovsky. They initiated another charge against him in January after months of house arrest. Sokolovsky had pled not guilty to any of the charges.

Religion has not always been a concern in Russia. Before the past few years, Russia was officially an atheistic country with no state religion. The Kremlin is now known to use religion as a means of pushing a state agenda. This year the highest court in the country banned Jehovah’s Witnesses, claiming they are an extremist group. In 2012, two members of the anti-Putin band Pussy Riot were charged with inciting religious hatred, the same conviction that Sokolovsky faces.

“Insult” was added as a crime to the criminal code of Russia after the members of Pussy Riot were arrested. According to Human Rights Watch, the crime of insult is defined as “a public action expressing clear disrespect for society and committed in order to insult the religious feelings of believers”. Critics see these laws as restrictions on freedom of expression.

Sokolovsky will face a suspended jail sentence of 3 and ½ years. He will also have to perform 160 hours of community service and cannot be seen in public places where people are meeting.

For more information, please see:

The New York Times – Russian Who Played Pokemon Go in Church Convicted of Inciting Hatred – 11 May 2017 

BBC News – Pokemon Go: Russian Blogger Suspended – 11 May 2017

Reuters – Russian court gives suspended sentenced to man who played Pokemon Go in church – 11 May 2017

Human Rights Watch – Russia: Pokemon Go Blogger Convicted – 11 May 2017

Syria Justice and Accountability Centre: ECtHR as an Avenue for Accountability – Possibilities and Constraints

SJAC Update | May 9, 2017
European Court of Human Rights building in Strasbourg, France | Photo Credit: Flikr, Dominik Kreutz

ECtHR as an Avenue for Accountability: Possibilities and Constraints
As Russia has, for the time being, closed the door on all available means for international accountability against the Assad government’s atrocities in Syria, human rights groups and lawyers have pursued alternative avenues for justice, including through national prosecutions in European jurisdictions. Although the complaints that target high-level government officials are hugely symbolic, it remains unlikely that authorities in Europe would be able to apprehend the named defendants even if a court issued an arrest warrant or a guilty verdict in absentia. State-sponsored violence, however, does not begin and end with Syria alone. Other countries have contributed to illicit arms sales, indiscriminate attacks, and other prosecutable offenses during the course of the war. While President Bashar al-Assad’s inner circle remain out of reach, are there other means for achieving justice for victims of atrocities in Syria?

As a member of the Council of Europe, Russia is subject to the European Convention on Human Rights (ECHR), a human rights instrument that is upheld and adjudicated by the European Court of Human Rights (ECtHR). Any national or resident of a Member State can petition the Court for redress if they have a claim that their rights under the Convention were violated by the Member State. The Court’s judgments are in the form of fines to compensate victims of violations and are binding upon the state in question. The Committee of Ministers of the Council of Europe monitors the execution of fines, and any Member State that repeatedly fails to abide by ECtHR judgements could theoretically be ejected from the Council. Russia isgenerally compliant – as a Member State, it sends its lawyers to defend against claims and, for the most part, respects judgements to pay compensation to victims (although, it rarely makes structural changes to laws/procedures ordered by the Court).

Since Russia entered the Syrian conflict in 2015, the intensity of indiscriminate aerial attacks has increased. Under the mantra of counter-terrorism operations, Russia has used lethal force, resulting in strikes on medical facilities, humanitarian missions, schools, and other civilian infrastructure. While there is plenty of documentation that Russia violated provisions of the ECHR, the primary obstacle for any claim against Russia in the Syrian context will be one of jurisdiction.
READ MORE
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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Thai Lawyer Faces Up To 150 Years in Prison for Insulting Royal Family

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

BANGKOK, Thailand – A Thai human rights lawyer appeared in court on May 3 where he was charged with 10 counts of royal defamation. If convicted, Prawet Prapanukul faces up to 150 years in prison. His case is the most number of charges for the crime brought against an individual in recent history.

A portrait of the late Thai King Bhumibol Adulyadej is see on the building of the Bangkok Art and Culture Centre. Photo courtesy of EPA.

Thailand’s strict lèse-majesté law makes it a crime to threaten, insult, or defame the king, queen, heir-apparent, or the regent, as enshrined in Article 112 of the country’s criminal code. There is no definition of what constitutes such an insult to the monarchy, and lèse-majesté complaints can be brought by anyone, against anyone, and are always required to be formally investigated by the police.

In addition to 10 counts of insulting the monarchy, Prawet is accused on three counts of breaking section 116 of Thailand’s criminal code, which covers sedition. Human Rights Watch has warned that the laws are being used by military authorities to curb the opposition.

It is still not known what Prawet might have written or said that led to his arrest and charges. A spokesperson for the military government declined to comment on the case. Thailand’s military seized power from an elected civilian government in a spring 2014 coup. Since the government was overthrown, the junta has detained hundreds of journalists, activists, and politicians for alleged protests and anti-junta activities.

It is unclear what will happen in Prawet’s case, but the Thai junta have made it clear that it is unaccepting of any acts in violation of Thailand’s lèse-majesté laws.

For more information, please see:

Al Jazeera – Thai lawyer faces 150 years in jail for royal insult – 4 May, 2017

The Telegraph – Thai rights lawyer faces up to 150 years in prison for royal insult – 4 May, 2017

Jurist – Thailand human rights lawyer charged for insulting royal family – 4 May, 2017

Asian Correspondent – Thailand: ‘Missing’ lawyer appears in court, faces 150 years’ jail for royal insult – 4 May, 2017

RT News – Top Thai human rights lawyer faces 150 years in prison for ‘royal insult’ – 4 May, 2017

BBC News – Thailand’s lese-majeste laws explained – 3 December, 2016