IntLawGrrls: 70 Years Later: the Tenth International Humanitarian Law Dialogs in Nuremberg

“Let us leave here renewed in our devotion to justice – not just for the people of our own countries, but for the people of all countries.  Let us leave here refreshed in our determination to defend human rights, to protect human liberty, and to uphold human dignity wherever and whenever it is threatened.”– Commemoration of the 70th Anniversary of the Nuremberg Trials, U.S. Attorney General Loretta Lynch (Sept. 29, 2016)

On September 29-30, 2016, the Tenth International Humanitarian Law Dialogs convened in Nuremberg, Germany. Normally held at the Chautauqua Institution, this year’s special location was chosen to commemorate the 70th anniversary of the close of the Nuremberg trials, where the Allied Powers tried Nazi war criminals for atrocities committed during World War II. Intlawgrrls, the Whitney R. Harris World Law Institute at Washington University in St. Louis and New York University’s Center for Global Affairs are among the sponsors and long-time supporters of the IHL Dialogs, which gather prosecutors, jurists, and nongovernmental partners to discuss issues involving international justice that extend beyond the walls of any one court or tribunal.

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International Prosecutors at the IHL Dialogs in Nuremberg, with U.S. Attorney General Loretta Lynch

This year’s IHL Dialogs opened on Thursday, September 28 with an inspiring program in Courtroom 600, the small, iconic courtroom where 22 defendants were tried at the International Military Tribunal. The Keynote Speakers included ICC Chief Prosecutor Fatou Bensouda, who spoke powerfully about the shared responsibility that people and States around the world have to address atrocity crimes and the arc of justice’s continual bend towards accountability, and U.S. Attorney General Loretta Lynch, who gave a beautiful, reverent speech about the potential power of fairly-applied justice and the rule of law, stating that by seeking justice rather than vengeance, Nuremberg participants showed that “war does not have to be the final arbiter of human affairs.”

“Certainly the onslaught of evidence of man’s inhumanity to man can leave one dispirited and discouraged.  But we cannot – and we should not – give in to despair, because the legacy of Nuremberg is that when we are called to confront the evil that walks this earth, we turn to the law.  When we need to mete out justice to those who have reaped the whirlwind and revel in the chaos resulting therefrom, we turn to the law.  And through the law we give voice to those shattered souls who seek redress, and we provide a reckoning to those who trade in fear and trembling.  Let us never forget that within these walls, evil was held to account and humanity prevailed.” – Commemoration of the 70th Anniversary of the Nuremberg Trials,U.S. Attorney General Loretta Lynch (Sept. 29, 2016)

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Professor Jennifer Trahan with Sierra Leone Special Court Prosecutor David Crane

On Friday, September 30, the day’s discussions centered on the 2016 IHL Dialogs’ theme, “A Lasting Legacy for the Future.” The Honorable Joseph Kamara(Attorney General of Sierra Leone and former Deputy Prosecutor of the Special Court for Sierra Leone) cited SCSL cases as examples of the intricacies in making prosecutorial decisions on how to charge crimes of sexual violence to accurately capture victims’ experiences, and gave an inspiring account of the mutually beneficial relationship that national and international courts can have as post-conflict states work to hold perpetrators accountable, create a factual record of atrocities, internalize past events and seek justice on behalf of victims. Professor John Q. Barrettprovided a perceptive historical analysis of the Nuremberg trials’ “shining moment of consensus” and explained how their setting in Germany, where lawyers were confronted first-hand with the war’s remnants and casualties, added to participants’ understanding of the trials’ necessity and historic importance. In his Keynote Address, Ambassador Hans Corell drew on lessons from his distinguished career in international diplomacy to highlight the global cooperation that will be necessary in addressing future humanitarian crises, especially in assisting populations that will be displaced by climate change in the coming decades. He challenged attendees to continue to evaluate the mixed record of compliance with the Nuremberg principles, including acts of aggression committed in modern times.

 

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Professor Leila Sadat with ICC’s Sam Shoamanesh, Chief Prosecutor Fatou Bensouda, and Deputy Prosecutor James Stewart in Courtroom 600 on the occasion of the 70th anniversary of the judgments at Nuremburg.

The afternoon session of the Dialogs included a roundtable where Prosecutors discussed recent cases and addressed overarching practical and theoretical challenges facing their respective courts. ICC Chief Prosecutor Fatou Bensouda explained the ICC’s limited potential role in the Syria conflict, noting that any ICC jurisdiction would likely be narrow and based on personal jurisdiction over foreign nationals involved in the conflict (if any have the requisite level of responsibility for atrocities appropriate for ICC prosecution). ICTY Prosecutor Serge Brammertz noted that the breadth and depth of the Syria conflict might make it a better candidate for a locally-owned judicial process, but that it would be hard to find individuals perceived as neutral to run any effort. The Prosecutors also discussed important observations, such as how sexual violence and forced marriage cases were prosecuted differently but effectively in response to the different statutes and caselaw governing the various tribunals. Many Prosecutors, including Brenda Hollis of the Special Court for Sierra Leone and ICC Chief Prosecutor Fatou Bensouda, noted the need for greater transparency and outreach to ensure that societies understand courts’ mandates, hold realistic expectations of their roles and cooperate with prosecutions. Following the roundtable, German professors and historians provided an enlightening historical and cultural perspective on the evolution of Germans’ support of the Nuremberg trials throughout the twentieth century. Lastly, Professor William Schabasand Ambassador David Scheffer supplied a nuanced exchange of impressions about the trials’ legacy to wrap up the day’s discussions. The Dialogs officially concluded with the Issuance of the Nuremberg Declaration, composed and signed by all the international Prosecutors. Professors Sadat and Trahan are pleased that they, once again, could represent their respective schools and participate in the Dialogs. The Dialogs will return to Chautauqua, New York for their eleventh year in fall 2017.

ICTJ: ICTJ Denounces South African Government’s Attempt to Exit the International Criminal Court

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ICTJ Denounces South African Government’s
Attempt to Exit the International Criminal Court
NEW YORK, October 21, 2016 – The International Center for Transitional Justice decries the announcement that South Africa will seek to withdraw from the Rome Statute, the treaty that created the International Criminal Court (ICC) and an international framework for fighting impunity for egregious crimes. Reportedly, a document stating this position, signed by Maite Nkoana-Mashabane, South Africa’s minister of international relations and cooperation, dated October 19, 2016, was submitted to the United Nations.

The ICC is the world’s first permanent international criminal court. Governed by the Rome Statute, it provides for accountability for the most serious crimes and aims to help prevent them from happening again.

One year ago, South Africa ignored an ICC arrest warrant for Sudanese President Omar al-Bashir while he was visiting the country, which was widely seen as avoiding its international legal obligations and undermining the court and its aims. Bashir is wanted by the ICC for alleged war crimes, crimes against humanity, and genocide in Darfur.

“This marks a very sad day for the fight against impunity, particularly in view of the important role that South Africa played in the creation of the ICC,” said David Tolbert, President of ICTJ. “It is regrettable that South Africa appears to be turning its back on the victims of the worst crimes known to humanity. Given its oppressive past, South Africa should be leading the struggle for global human rights, not undermining it.”

In its attempt to shield leaders of other nations from accountability for the worst international crimes, the South African government has claimed that its own implementing legislation for the Rome Statute (Rome Statute of the International Criminal Court Act of 2002) would require it to violate provisions of another national law, the Diplomatic Immunities and Privileges Act of 2001. This proposition does not stand up to scrutiny, as the South African government not only ratified the Rome Statute but also adopted implementing legislation that is consistent with it.

Forty-five years of apartheid rule cast a long shadow over South Africa, with mass violations such as systemic racial discrimination, massacres, torture, and lengthy prison terms for activists, including Nelson Mandela. After apartheid officially ended, the South African Parliament created the well-known Truth and Reconciliation Commission to investigate and report on the gross violations of human rights committed during the apartheid period.

However, since the TRC concluded its work, the South African government has essentially ignored victims’ rights and failed to pursue individual criminal responsibility for abuses committed during apartheid, even when the accused did not receive amnesty from the TRC, either because they were denied amnesty or because they chose not to participate in the process.

“Lamentably, the South African government’s position is entirely consistent with its domestic policy of impunity for Apartheid-era atrocities by suppressing investigations and prosecutions,” said Tolbert. “This is a dark day not only for the fight against impunity but also for South Africa itself, which should be at the forefront of justice, not avoiding its moral responsibility to further accountability for the serious crimes the Rome Statute proscribes.”
PHOTO: South Africa’s Minister of Justice Michael Masutha addresses press regarding South Africa’s decision to withdraw from the ICC (Gianluigi Guercia/AFP/Getty Images).
Go to ICTJ’s Website

Syrian Network for Human Rights: 649 Individuals Killed at the Hands of the International Coalition Forces including 244 Children and 132 Women
I. Introduction
This is the 11th report published by SNHR in its continued updates on the attacks that are carried out by the international coalition forces and left civilian casualties or targeted vital civil facilities.
Led by the United States, international coalition forces entered Syria on 23 September 2014 to fight ISIS and operated without publicly siding with any of the conflict parties until the end of 2015 when they started to support and side with the Kurdish-majority Self-management forces, which consist primarily of the Democratic Union Party forces, a branch for the Kurdistan Workers’ Party, under the pretext of fighting ISIS. These forces, however, fought and took over areas that were formerly under the control of the Syrian opposition factions which was the case in Tal Ref’at and the surrounding areas.
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Yemen Funeral Hall Attack Blamed On Erroneous Information

by Yesim Usluca
Impunity Watch Reporter, Middle East

SANA’A, Yemen — On October 8, 2016, Saudi Arabia-led coalition jets bombed a funeral hall in Yemen, killing over 100 people.

Over 100 people were killed and 600 injured in the funeral hall attack (Photo courtesy of NBC News)

The Joint Incidents Assessment Team (“JIAT”), a 14-nation, Saudi-led inquiry, declared that it “wrongly” bombed the ceremony based on “bad information.” It stated that coalition aircraft were wrongly told by a party “affiliated” with the “Yemeni presidency of the general chief of staff” that the funeral hall was occupied by Houthi leaders. JIAT said the party “insisted that the location be targeted immediately as a legitimate military target.” However, the coalition’s air operations center ordered the attack “without obtaining approval from the Coalition command.” This precautionary measure, they state, was necessary to “ensure that the location is not a civilian one that may not be targeted.” JIAT subsequently blamed the attack on “noncompliance with coalition rules of engagement” and the “issuing of incorrect information.”

Mr. Mohammed Atbukhaiti, a senior Houthi official, welcomed the findings. However, he noted that it shows how the coalition is “disorganized and reckless” and treats “the lives of the Yemeni people in a careless and disrespectful manner.” He stated that this attack was not the first time the Saudi-led coalition targeted, killed and injured large numbers of civilians. Mr. Atbukhaiti subsequently urged the United Nations and the international community to investigate other human rights violations.

The attack was one of the deadliest single assaults in the two-year conflict. Houthi administration officials stated the number of casualties as 135, while the United Nations indicated the death toll as 140. In addition to those killed in the attack, an additional estimated 600 people were injured.

The attack has attracted international criticism. Human Rights Watch stated that the attack was “an apparent war crime,” and called it “unlawfully disproportionate.” The organization formerly had called on the United States to suspend arms sales to Saudi Arabia. Human Rights Watch further urged an investigation into possible war crimes. The White House condemned the bombing, and stated that it had launched a review of its “already significantly reduced support” to the coalition. The United Nations Commissioner on Human Rights also condemned the attack, while characterizing it as “outrageous.”

The United Nations has identified that over 6,000 individuals have already been killed in the conflict, many of which are civilians. The organization further declared that millions more are suffering from hunger, illness and displacement. UNICEF stated that there are approximately 1.5 million children in Yemen who are malnourished due to the ongoing war.

For more information, please see:

CNN—Saudi-led coalition admits to airstrike on Yemen funeral—15 October 2016

NBC News—Yemen Funeral Bombing: Saudi-Led Coalition Blames ‘Erroneous Information’—16 October 2016

BBC News—Yemen conflict: Saudis blame funeral hall bombing on mistake—15 October 2016


Washington Post—Saudi-led coalition found responsible for Yemen funeral attack that killed more than 100—15 October 2016

 

 

Syria Deeply Weekly Update: Russia Makes Moves in Syria

The most important updates on the war in Syria.
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WEEKLY UPDATE
October 21, 2016
Dear Readers,Welcome to the weekly Syria Deeply newsletter. We’ve rounded up the most important stories and developments about Syria and the Syrians in order to bring you valuable news and analysis. But first, here is a brief overview of what happened this week:Brokered earlier in the week by Russia, a “humanitarian pause” began in Aleppo on Thursday that saw a halt to Syrian and Russian airstrikes in order to allow rebels and civilians to evacuate the besieged eastern side of Syria’s largest city. Russia originally announced that the pause in airstrikes would last for eight hours, despite a U.N. assessment finding that at least 12 hours were needed to carry out evacuations. Moscow later increased the halt in fighting to 11 hours. Two exit corridors were established to facilitate evacuation, but many rebels and residents said they would not leave the opposition-held side of Aleppo. Some rebel groups criticized the pause, claiming it was merely a ploy aimed at getting fighters to abandon their position and empty the city. Residents also claimed that they feared they would be arrested by pro-Syrian regime forces if they evacuated the area.As the pause began, Russia joined the U.S., Saudi Arabia and Qatar in talks in Geneva aimed at separating armed opposition groups from extremists in Aleppo. Despite this diplomatic involvement, Russia also ramped up its military presence in Syria. A Russian aircraft carrier, a battle cruiser and other support vessels were reportedly on route to the country on Friday.Weekly Highlights:

Pause in Aleppo Is Not ‘Humanitarian’ but a Means of Military Escalation

Russia’s 11-hour “humanitarian pause” to facilitate evacuations from eastern Aleppo will not allow for much-needed aid, but rather is part of an overall strategy for a military solution to the conflict, says Middle East analyst Sharif Nashashibi.
A boy sits amongst rubble in rebel-held eastern Aleppo, Syria. Syrian Civil Defense- White Helmets via AP

Green Gold: How ISIS Is Making as Much Money From Wheat as From Oil

As ISIS comes under increased attack in some of the region’s most fertile lands, Middle East agriculture researcher Eckart Woertz discusses how the militant group shrewdly chose to export a renewable resource.
Men make bread at a bakery in the old city of Aleppo, Syria. Wheat is one of Syria’s most important commodities. AP/Andoni Lubaki, File

Pixels of War: Photographing the Siege in Eastern Ghouta

In the first installment of “Pixels of War,” our diary series on Syrian journalists, Artino describes his time as a war photographer, wanted by the regime, in besieged Eastern Ghouta.
Artino

Additional Reading:

Top image: Artino taking a photo. Artino