United Nations News Centre: Syria: UN chief Guterres clarifies tasks of panel laying groundwork for possible war crimes probe

A damaged building in Aleppo City, Syria. Photo: OCHA/Gemma Connell (file)

26 January 2017 – Following the approval late last year of an independent panel to assist in the investigation and prosecution of those responsible for war crimes or crimes against humanity in Syria, the United Nations today announced that the mechanism will be headed by a senior judge or prosecutor with extensive criminal investigations and prosecutions experience.

According to a note from a UN spokesperson, the mechanism will be established in phases until it is fully functioning and the Secretary-General will announce the person leading it by the end of February.

The head of the mechanism, which is formally called the ‘International, Impartial and Independent Mechanism to assist in the Investigation and Prosecution of those Responsible for the Most Serious Crimes under International Law committed in the Syrian Arab Republic since March 2011,’ will be assisted by a deputy and a secretariat.

The two primary tasks assigned to the mechanism include:

  • Collecting, consolidating, preserving and analyzing evidence of violations of international humanitarian law and human rights violations and abuses; and
  • Preparing files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes, in accordance with international law.

In discharging its responsibilities, the mechanism will closely cooperate and coordinate with the Independent International Commission of Inquiry on Syria (Syria CoI) and the two panels will be complementary to each other.

“However, there is a clear distinction between the Syria CoI and the mechanism in terms of functions. The Syria CoI focuses on information collection, publicly reporting and making recommendations notably to Member States,” explained the spokesperson.

The mechanism will build on the information collected by others, by collecting, consolidating, preserving and analysing evidence and information. It will also prepare files to assist in the investigation and prosecution of those responsible for the most serious crimes under international law.

The resolution approving the mechanism was adopted by the General Assembly – the universal body comprising all 193 UN Members States – on 21 December by a recorded vote of 105 in favour and 15 against, with 52 abstentions.

See also: Syria: UN approves mechanism to lay groundwork for investigations into possible war crimes

Trump Expected to Sign Refugee Ban Executive Order

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

 

WASHINGTON D.C., United States — Donald Trump is expected to sign an executive order (EO) which would restrict immigration from several countries in the Middle East and Africa, five of which are countries that the U.S. bombed under the Obama administration.  The EO would also deny visas from applicants from countries the Trump administration deems high-risk.

A newly-built section of the border wall between the US and Mexico (Photo Courtesy of RT)
A newly-built section of the border wall between the US and Mexico (Photo Courtesy of RT)

According to sources within the administration, the EO is suspected to block Syrian refugees from entering the U.S. indefinitely, suspend all refugee admissions for 120 days while the Trump administration decides which countries are high and low risk, temporarily suspend visa issuances to applicants from countries with security screening that the Trump administration deems inadequate, and cap the total refugee admissions for 2017 at 50,000 (as opposed to the 11,000 recommended by the Obama administration).

Though the list of countries included in the EO is not yet finalized, however some of the countries that are under consideration include Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen.

Trump’s proposed EO has been subject to criticism due to its possible implications on U.S. foreign policy.  Stephen Legomsky, previous chief counsel of U.S. Citizenship and Immigration Services under the Obama administration, explained that while the president has the legal authority to limit refugee admissions into the U.S., doing so would be a “terrible idea” from a policy standpoint because of the immediate humanitarian need for refugees.

This EO threatens a deal made with Australia in late 2016, in which the U.S. agreed to resettle over 1,000 refugees who are currently residing in Papua New Guinea and South Pacific nation Nauru on Australia’s behalf.  Though Australia will not comment on the nationalities of these refugees, sources working for the refugees told reporters that about one third of the asylum-seekers originate from countries that would be covered by the EO if it is put into place.

This move comes as part of a concerted effort on the part of the Trump administration to reduce the number if illegal immigrants who live in the U.S.  As part of this plan, Trump is also expected to direct the construction of a border wall along the U.S. Mexico border in the near future.

 

For more information, please see:

International Business Times — Donald Trump Muslim Immigration Ban: US Bombs Most Countries on Restricted Refugee List — 25 January 2017

Reuters — Trump Expected to Order Temporary Ban on Refugees — 25 January 2017

RT — Trump to Order Mexican Border Wall, Ban Refugees from 7 Muslim Countries —  25 January 2017

The Huffington Post — Trump Prepares to Halt Syrian Refugee Admissions, Limit Muslim Entry — 24 January 2017

PILPG: War Crimes Prosecution Watch: Volume 11, Issue 23 – January 23, 2017

Case School of Law Logo

FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

 War Crimes Prosecution Watch

Volume 11 – Issue 23
January 23, 2017

 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

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

Amnesty International Warns of Oppressive Anti-Terrorism Laws

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

 

The human rights activist group Amnesty International issued a warning that Europe’s counter-terrorism measures are eroding basic human rights, and have been for the past two years.  The report released by Amnesty, titled ‘Dangerously Disproportionate: The Ever-Expanding National Security State in Europe,’ gives a detailed look into the anti-terrorism measures employed by 14 European countries, and explains how those measures impact basic human rights.  The report also warns that a security state is becoming the “new normal” in the 14 countries which were examined.

London's Metropolitan anti-terrorism officers (Photo Courtesy of The Guardian)
London’s Metropolitan anti-terrorism officers (Photo Courtesy of The Guardian)

Amnesty attributes the restrictive measures to the recent string of terrorist attacks in Europe.  John Dalhuisen, Amnesty’s Europe director, explained that “Europe’s human rights framework, which was so carefully constructed after the Second World War, is being rapidly dismantled.”  Dominique Curis, Amnesty’s director in France, urged the need to “dismantle the paradigm that says there is the state of emergency or nothing in the fight against terrorism, that security equals restriction of rights equals state of emergency.”

Kate Allen, director of Amnesty’s UK branch, compared the restrictive measures to those of Big Brother from author George Orwell’s book 1984, calling the surveillance state from the book “alive and dangerously well in Europe today.”  Allen explained the understandable need for protection from such attacks, however such measures should not be implemented at the cost of fundamental human rights.

Activist groups such as Amnesty criticize the state of emergency that was enacted after the attacks in Paris, and has since been renewed five times, as “extreme.”  Government officials, however, view this as a necessary security measure in protecting against future attacks.  Manuel Valls, French Prime Minister and presidential hopeful, told reporters that “[t]his terrorist threat will last a generation.  Today we have to live with a kind of permanent state of emergency.”

Amnesty’s report is also at odds with independent reviewer of terrorism legislation David Anderson QC’s report.  Anderson believes that the anti-terrorism legislation is an appropriate and proportionate reaction to the current threat Europe faces.  European Union representatives have voiced their disagreement with the conclusions in Amnesty’s report as well, urging that human rights remain paramount in their eyes.

 

For more information, please see:

EurActiv — Amnesty: Fight Against Terror is Dismantling Human Rights in Europe — 18 January 2017

DW — European Counter-Terrorism Legislation ‘Dangerously Disproportionate,’ Amnesty Reports — 17 January 2017

The Guardian — UK Counter-Terror Laws Most Orwellian in Europe, Says Amnesty — 17 January 2017

Independent — European Anti-Terror Powers ‘Eroding Human Rights’ — 17 January 2017

INSCT: Teaching About Syria: David M. Crane Presents to NYSCSS

Teaching About Syria: David M. Crane Presents to NYSCSS

On Jan. 10, 2017, INSCT Faculty Member David M. Crane joined Andrew Beiter, Education Director, iamsyria.org, at a webinar presented by the New York State Council for the Social Studies (NYSCSS). NYSCSS is a statewide professional organization of school social studies educators.

During the webinar, Crane and Beiter discussed the humanitarian crisis in Syria, the rise of ISIS, and the current situation on the ground, as well as how teachers can approach this topic with students and how students can take action.

Thanks to NYSCSS, this webinar has been released as a video presentation using Adobe Connect. Click here to watch.

Co-founded by Crane, iamsyria.org is a public outreach effort to raise awareness of the humanitarian crisis in Syria, especially aimed at schools. It offers zero-prep, Common Core-friendly lesson plans; educational background articles; ground-truth facts about the civil war; and information on how to take action.

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