The Gambia Becomes the Third African Nation to Pull Out of the International Criminal Court

By Samantha Netzband 

Impunity Watch,  Africa Desk Reporter

BANJUL, The Gambia– The Gambia joined two other African nations this week when it promised to withdrawal from the International Criminal Court.  Both Burundi and South Africa have also decided to leave the International Criminal Court.  All three countries have withdrawn over concerns that the International Criminal Court has focused solely on African crimes while ignoring those committed by other nations around the world.

Current ICC prosecutor Bensouda is a former Gambian justice minister [Jerry Lampen/EPA]

Current ICC prosecutor Bensouda. (Photo Courtsey of Al Jazeera)

The International Criminal Court was created in 2002 by the Rome Statute.  Currently there have been ten full investigations, one involving the former state of Georgia (which was a part of the former USSR), and the other nine involving African states.  The three countries that are seeking to withdrawal all cite Africa’s focus as one of the reasons for their withdrawal.  However, critics are quick to point out that out of the nine investigations that have been done at the International Criminal Court involving African, six were self referred by states and two were referred by the Security Council.

Many worry that the withdrawal of a country like South Africa will cause the collapse of support for the International Criminal Court in Africa.  South Africa has been a major player in the development of the International Criminal Court, but is seeking withdrawal after a tiff involving Sudanese President Omar al-Bashir.  Al-Bashir is wanted for war crimes and as a member of the International Criminal Court South Africa was required, when Al-Bashir entered into their jurisdiction, to detain him for prosecution for those war crimes.  South Africa argued that this would be getting involved in another nation’s conflicts and thus be a violation of state sovereignty.

Whether or not The Gambia, South Africa, and Burundi’s withdrawal will have a domino effect on other African countries remains to be seen.  Kenya and Namibia have threatened withdrawal, but have not actually taken any official action.  The issue of withdrawal from the International Criminal Court is set to be discusses with the members of the African Union in early 2017.

 There are withdrawal procedures for states that want to get out of the International Court that are found in article 127 of the Rome Statute.  As of now Burundi and The Gambia have not followed any of these specific procedures for withdrawal.   For now things will remain the same.  The International Criminal Court will continue its work.

For more information, please see:

Al Jazeera – Gambia Withdraws from the International Criminal Court – 26 October 2016

Fox News – International Court hit by Planned Exit of 3 African States – 30 October 2016

USA Today – Gambia Latest African Nation to Withdraw from the International Criminal Court – 26 October 2016

Ukrainian Politicians Declare Vast Wealth

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

KIEV, Ukraine — As part of an anti-corruption reform, thousands of senior Ukrainian political officials were required to declare expensive possessions and assets held in their own and their families’ names in a public online database, revealing much higher levels of wealth than expected.  The system for declaring these assets was developed based on the guidelines of the United Nations Development Programme (UNDP).

Yegor Sobolev, a lawmaker and head of the Ukrainian parliament's committee on fighting corruption, points to the e-declaration system on a computer screen (Photo Courtesy of Reuters)
Yegor Sobolev, a lawmaker and head of the Ukrainian parliament’s committee on fighting corruption, points to the e-declaration system on a computer screen (Photo Courtesy of Reuters)

Officials claimed everything from Fabergé eggs, to a fleet of luxury cars, to a collection of expensive watches, to large pieces of land.  One official claimed to own his own personal church, and another claimed ownership over 1,780 bottles of wine.  The Ukrainian Prime Minister, Volodymyr Groysman, declared $1.2 million.  24 members of the Ukrainian cabinet have a combined $7 million in cash alone.  The average salary in Ukraine is just over $200 per month.

Current Ukrainian President, Petro Poroshenko, is a billionaire himself however has promised to set forth a more transparent type of politics.  Poroshenko called the public declarations of wealth “a truly historic event of openness and transparency.” Anders Fogh Rasmussen, adviser to Poroshenko, believes that the declaration “is of paramount importance and all of Europe should take notice and applaud this important step.”  Kristina Berdynskyh, a journalist who specializes on corruption among the elite, said that it is amazing how much information has been released.

Critics of the declaration and Poroshenko’s goal say that the reform of the Ukrainian political system has stalled, and the government has made little effort to actually transform Ukrainian politics.  One Ukrainian reporter referred to the Ukrainian officials as “moral degenerates.”  Roman Donik, a volunteer soldier to the Ukrainian troops, expressed in a Facebook post that he “had no illusions about our political and official elite. But all the same, what’s come out is beyond the pale.”

Now that the declarations have been disclosed, the anti-corruption agency will begin to verify and investigate.  Many will look to see how the authorities will handle the results, however, as over 100,000 forms were submitted.  The Ukrainian UNDP director Janthomas Hiemstra assured that “[t]he international community, including the U.N., will be behind Ukraine in these next steps because the e-declaration is only the first step. What comes after is maybe even more difficult.”

 

For more information, please see:

The Guardian — Ukraine Stunned as Vast Cash Reserves of Public Elite are made Public — 31 October 2016

Reuters — Ukrainians Shocked as Politicians Declare Vast Wealth — 31 October 2016

RT — Politicians in Debt-Stricken Ukraine Reveal Lavish Fortunes, Spark Public Outcry — 31 October 2016

The Washington Post — Ukrainian Officials Disclose their Wealth in e-Declarations — 31 October 2016

ISIS Using Thousands of Civilians as “Human Shields”

by Yesim Usluca
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — The UN stated that ISIS has executed over 200 people near the city of Mosul and has taken thousands of individuals hostage to use as “human shields” against Iraqi forces.

ISIS is using thousands of civilians as “human shields” (Photo courtesy of ABC News)

The Office of the UN High Commissioner for Human Rights stated that ISIS carried out the mass execution as revenge against individuals who refused its orders to join them. The UN further noted that it fears the group intends on using those held hostage as “human shields” against the advance of Iraqi forces on Mosul.

High numbers of civilian deaths have been reported over the last week as ISIS attempts to gather people into its last major stronghold in Iraq. Over 7,500 families have reportedly been abducted by ISIS at gunpoint from surrounding Iraqi cities and have been moved to “strategic locations where ISIS fighters are located.” The civilian death toll is expected to grow exponentially once ISIS enters Mosul, which is Iraq’s second largest city.

The use of human shields is banned under international humanitarian law. The UN refugee agency stated that it is considered a violation of the right to not be arbitrarily deprived of life. The Deputy Director for Research at Amnesty International further stated that using a civilian to “shield yourself from attack is a war crime.”

An increasing number of civilians have been fleeing their homes as the fighting around Mosul intensifies. The International Organization for Migration reported that the operation in Mosul has displaced over 16,000 people thus far. UNICEF warned of an impending, “unprecedented humanitarian crisis” due to the millions of civilians that are expected to escape the city in the upcoming days and weeks.

Some civilians who were able to flee indicated that ISIS fighters had deliberately prevented them from escaping conflict areas. One civilian recounted an attack in which ISIS fighters based in a neighbor’s house shot his brother. Due to the ongoing crossfire, they were unable to escape their home for two days, during which his brother lost consciousness from severe blood loss. He was only able to carry his brother to a hospital after an air strike created an opportunity for escape. Another civilian reported that he lost his wife after she was struck by a mortar because ISIS fighters would not let them leave their house. He further stated that the fighters shot at neighbors who tried to escape.

The UN High Commissioner for Human Rights indicated that ISIS’ “depraved, cowardly strategy” is to use the presence of civilians to render certain areas immune from military operations by effectively using thousands of men, women and children as “human shields.” The Commissioner urged those fighting ISIS to withhold revenge attacks. He further called on the government of Iraq to ensure the application of international humanitarian law.

For more information, please see:

ABC News—ISIS Using Tens of Thousands as ‘Human Shields’ as Iraqi-Led Forces Advance on Mosul—28 October 2016

Daily Mail—ISIS slaughters more than 200 people and abduct nearly 8,000 families to use as human shields as it retreats into the centre of Mosul—28 October 2016

Amnesty International—Iraq: new testimony shows ISIS taking human shields in battle for Mosul—27 October 2016

CNN—ISIS ‘executes’ 232 near Mosul, takes thousands as human shields, UN says—28 October 2016

The Guardian —Islamic State using hostages as human shields in Mosul – UN—28 October 2016