The Gambia Rejoins the ICC

By Samantha Netzband 

Impunity Watch, Africa Desk Reporter

BANJUL, The Gambia–The Gambia has committed to rejoining the International Criminal Court.  The country formally recanted its original withdrawal from the International Criminal Court in a letter to the United Nations on February 10, 2017.  This decision comes after the inauguration of newly elected President Adama Barrow.

Judges at the International Criminal Court.  (Photo Courtesy of ENCA)

The Gambia’s recant of withdrawal leaves two African countries as outliers who are still pursuing withdrawal from the International Criminal Court.  Burundi and South Africa are still hoping to withdrawal from the court.  Both countries have unique reasons why they are trying to withdraw from the court, but one critique of the court has been that only African leaders have been held accountable through the courts justice mechanisms.  However, many of the individuals who have been held accountable were self referrals to the court from their country of origin.

The Gambia’s withdrawal has quelled concerns regarding the uncertainty of the International Criminal Court.  While there has been criticism of the courts jurisdiction, overall the court is the only of its kind that holds people accountable for international crimes.  Secretary General Antonio Guterres applauded the Gambia’s decision to stay: ‘‘The Secretary-General welcomes that The Gambia will remain a State Party to the International Criminal Court’s founding instrument, and remains confident that States Parties will continue to further strengthen the Court through a constructive dialogue.’‘  Clément Capo-Chichi, the Africa Coordinator for the Coalition for the ICC (CICC), a global NGO network, said the “decision to reverse withdrawal from the ICC is a crucial development for victims of grave crimes and the rule of law”.  For now the Gambia has helped quell fears of a collapse of the International Criminal Court, but whether or not this stability will continue remains to be seen.

For more information, please see: 

Africa News – ICC exit: UN chief hails The Gambia’s decision to stay – 17 February 2017

ENCA – Gambia to stay in ICC – 17 February 2017

Human Rights Watch – Gambia Rejoins ICC – 17 February 2017

News Ghana – Gov’t of Gambia to Rescind Decision to Live ICC – 17 February 2017

Japan Accepted 28 Refugees in 2016

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

TOKYO, Japan- Japan is receiving criticism after its government released documentation of having accepted only 28 refugees in 2016. This number is especially staggering given the total number of asylum applications received by Japan last year. 10,901 people sought asylum in Japan in 2016, up 44 percent from 2015, when the country accepted 27 individuals. In 2016, alongside the 28 refugees, Japan accepted another 97 applicants for “humanitarian reasons”, though they are not officially recognized by the government as asylum seekers.

A protestor joins in the rallies to call for more visa grants in Tokyo. Photo courtesy of: Reuters.
A protestor joins in the rallies to call for more visa grants in Tokyo. Photo courtesy of: Reuters.

Human Rights Watch called Japan’s efforts in granting asylum “abysmal”, urging the country to accept more applicants and further their human rights interests. The low acceptance rate of refugees is negligible in contrast to Europe’s influx in the past two years. Though refugee advocates and human rights organizations are criticizing Japan for their reluctance to welcome more refugees, the country has made efforts contribute to the cause.

Between January and September 2016, Japan was the fourth largest donor to the UN High Commissioner for Refugees, contributing $165 billion. Japan has also said it will accept 150 Syrian students and their families under a scholarship program. Critics, however, urge that Japan’s current contributions are not enough in a world where forced migration has become so prevalent.

Immigration is a controversial topic in Japan. The country prides itself on cultural and ethnic homogeneity. Despite the Japan’s aging workforce and shrinking population, it has refused to accept a large influx of unskilled workers. Though forced migration continues, Japan has yet to take a clear political stance on its intentions regarding the issue.

For more information, please see:

Reuters – Japan took in just 28 refugees in 2016, despite record applications – 9 February, 2017

Open Democracy – Japan must learn to see refugees not as ‘useful’ subjects, but human beings – 15 February, 2017

The Japan Times – Record 10,910 refugee applicants face abysmal odds of acceptance in Japan – 10 February, 2017 

New Daily – Why Japan accepts a staggeringly low number of refugees – 16 February, 2017

Hundreds of Migrants Storm Fence to Enter Spanish Territory

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

MADRID, Spain — On February 17, about 700 migrants stormed an 8 kilometer long, 6 meter high barbed-wire security fence separating Morocco from Ceuta, which is a Spanish territory in North Africa.  Security cameras filming the incident showed some migrants breaking through the fence using wielding shears and clubs.

Migrants sit aside Spanish police after storming a fence to enter the Spanish territory of Ceuta (Photo Courtesy of The Washington Post)
Migrants sit aside Spanish police after storming a fence to enter the Spanish territory of Ceuta (Photo Courtesy of The Washington Post)

498 migrants successfully made it onto Spanish territory.  Those that successfully scale the fence are usually taken to migrant centers where they are repatriated or released, with the majority choosing to seek asylum or work undocumented in Europe.  Those that are intercepted before making it onto Spanish territory are usually returned to Morocco.

Two migrants were hospitalized as a result of the invasion, 30 were treated at a migrant center for fractures and other injuries, 10 members of Morocco’s armed forces were injured, and 11 police officers were injured.  In the video footage, some migrants can be seen with blood on their faces.

The border invasion was one of the largest since the fence was built in 2005.  According to an unidentified Civil Guard spokesman, police officers clashed with the migrants at the Tarajal section of the fence.  The last similar attempt took place on New Year’s Day 2017, when over 1,000 migrants attempted to jump a fence between Morocco and Ceuta.  Only two of those migrants were successful in reaching the Spanish territory, however both required hospital treatment.  Other recent successful attempts were made by 400 migrants in December, and by 200 migrants in October.

The video footage of the invasion captured migrants celebrating their arrival onto Spanish territory.  Some screamed “Libertad, libertad!” while others wrapped themselves in Spanish and European flags.  One migrant was heard shouting “I love you Mamma, long live Spain.”

Hundreds of migrants regularly attempt to enter Ceuta via climbing the fence, swimming along the coast, or hiding in vehicles.  Many consider reaching the Spanish territory as safer than attempting to cross the Mediterranean Sea.  These migrants are hopeful in eventually reaching Europe and fleeing poverty and violence.  The migrant center in Ceuta has recently been struggling to host over 600 migrants, and has been using military tents as makeshift shelters for migrants in nearby parking lots.

 

For more information, please see:

BBC — Hundreds of Migrants Storm Fence to Reach Spanish Enclave of Ceuta — 17 February 2017

DW — Hundreds of Migrants Storm Spain’s Ceuta, Clashing with Police — 17 February 2017

The Local — Hundreds of Migrants Storm Fence to Enter Spain from Morocco — 17 February 2017

The Washington Post — Almost 500 Migrants Smash Through Border Fence into Spain — 17 February 2017

ISIS Torturing Sunni Arab Women and Girls

by Yesim Usluca
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — Human Rights Watch issued a statement on Monday, February 20th, reporting that Islamic State (ISIS) militants are “arbitrarily detaining, ill-treating, torturing, and forcibly marrying Sunni Arab women and girls[.]” The allegation states that ISIS fighters are carrying out such abuses in Iraq, within regions that are still in their control.

Human Rights Watch stated that Sunni Arab women’s sexual abuse is widely unreported (Photo courtesy of Middle East Monitor)

The report released by Human Rights Watch (“HRW”) was prepared based on interviews with six women in Kirkuk. Four of these women stated that in 2016, they had been detained by ISIS for a period of three days up to one month. Another indicated that her cousin, who is an ISIS fighter, had raped her after forcing her to marry him. One woman stated that ISIS fighters had attempted to forcibly marry her after burning down her house in response to her husband’s escape from ISIS. Of the six interviewed women, five indicated that ISIS militants had beat them.

One woman indicated that ISIS captured her and her three children, along with fifty other women, when they attempted to escape Hawija. She was branded a traitor by ISIS after her husband had escaped the town, and was told that she should marry the local ISIS leader. Upon her refusal, ISIS fighters “blindfolded [her], beat[] [her] with plastic cables, suspended [her] by her arms, and raped [her].” She, and the other women, were held by ISIS in an abandoned house for over one month, while being blindfolded and raped her in front of her children on a daily basis. She noted that the other women were most likely raped in the same manner, and forced to marry their rapists.

HRW’s Deputy Middle East Director, Ms. Lama Faikh, stated that the sexual abuse endured by Sunni Arab women living under ISIS’s control is widely undocumented and unknown. She urged the international community and local Iraqi authorities to take action to ensure that victims receive much needed support.

A foreign aid worker indicated seeing many cases of forced marriage and rape. She noted, however, that most victims do not report the abuse because women tend to cover it up due to fear of societal stigma or retribution. She highlighted the concern that “babies born of rape or forced marriage may also face stigma[,]” while stating that “long-term psychological support and medical treatment” are particularly noteworthy.

HRW indicated that efforts to overcome the stigma associated with sexual violence are present, yet insufficient. The rights group highlighted the “lack of awareness” with regards to services, psychosocial or mental health support, and medical professionals in Kirkuk. A psychiatrist at an international organization in Iraq’s Kurdistan region stated that men are not being adequately informed on how to support women who are victims of gender-based violence. She indicated that male relatives will typically “forbid women” from obtaining counseling.

For more information, please see:

Human Rights Watch—Iraq: Sunni Women Tell of ISIS Detention, Torture—20 February 2017

Middle East Online—HRW says IS jihadists raping, torturing Sunni Arab women too—20 February 2017

Daily Mail—’I was raped every day for a month in front of my children’: Women reveal the horrors they endured as ISIS sex slaves… despite being SUNNI Muslims just like their captors—20 February 2017

Middle East Monitor—HRW: Daesh rapes and tortures Sunni Arab women—21 February 2017

International Business Times—Sunni Arab women raped, tortured and forced to marry Isis fighters, Human Rights Watch says—21 February 2017

PILPG: War Crimes Prosecution Watch Volume 11, Issue 25 – February 20, 2017

Case School of Law Logo

FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 25
February 20, 2016

PILPG Logo

Editor-in-Chief
Kevin J. Vogel

Technical Editor-in-Chief
Jeradon Z. Mura

Managing Editors
Dustin Narcisse
Victoria Sarant

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

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

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

TOPICS

Truth and Reconciliation Commission

Terrorism

Piracy

Gender-Based Violence

Commentary and Perspectives