Brutal Death Reignites Movement Against Femicide

October 25, 2016

By Cintia Garcia

Impunity Watch Reporter, South America

Warning: this article contains graphic details

BUENOS AIRES, ARGENTINA—Thousands poured out to the streets of Argentina, wearing black, demanding an end to violence against women. The protestors called it “Black Wednesday”—a movement sparked by the brutal death of 16-year old Lucia Perez.

The death of Lucia Perez has reignited the “Ni Una Menos” movement in Argentina. (Photo Courtesy of BBC)

According to various news outlets, Lucia Perez was abducted by three men outside her High School in Mar del Plata. The men held Lucia against her will, drugged her with large amounts of cocaine and marijuana, gang raped her, penetrated her with a wooden pole, causing her internal organs to bleed, and from the pain she went into cardiac arrest. The men washed her, changed her clothes, and took her to a medical facility stating she had overdosed on drugs. Upon inspection by the medical staff, it was apparent she had been sexually assaulted—Lucia died immediately upon arrival.

Maria Isabel Sanchez, lead prosecutor, stated: “I know it’s not very professional to say this, but I am a mother and a woman and I have seen a thousand things in my career, but never anything equal to this litany of abhorrent acts.”

As a response to the gruesome death of Lucia, Argentina mobilized to change the culture of machismo prevalent throughout the nation. Protestors held signs, “Ni Una Menos” which translates to “Not one less.” Protestors called upon Argentines to strike for an hour, “In your office, school, hospital, law court, newsroom, shop, factory, r wherever you are working, stop for an hour to demand, ‘no more machista violence.’” In solidarity, other countries joined in the movement by protesting, including Chile, Uruguay, Mexico, Bolivia, and Paraguay.

The Ni Una Menos organization announced that, “one woman is killed every 30 hours in Argentina for being a woman.” Supreme Court Judge, Elena Highton de Nolasco, told the media: “cases of femicide are growing in number, they are becoming more violent, more perverse- we even had the news today that there have been 19 femicides in the last 18 days.”

For more information, please see:

The Guardian—Argentina’s Women Joined Across South America in Marches Against Violence—19 October 2016.

The Washington Post: How A Schoolgirl’s Brutal Rape and Murder United the Women of Argentina—19 October 2016.

BBC—Argentine Women Strike After Fatal Rape of Teenage—20 October 2016.

CNN—Women Protest Rape, Killing of Teenage Girl in Argentina—20 October 2016.

France Abolishes Sterilization Law for Transgender People

October 24, 2016

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

PARIS, France — On Thursday, France passed legislation allowing transgender people to change their legal gender status without undergoing the process of sterilization. The previous law required that the person wishing to legally change their gender provide proof that they had been surgically and irreversibly sterilized. According to the group Transgender Europe, sterilization was historically necessary to prove that transgender people were serious about changing genders. The UN has strongly condemned involuntary sterilization as a human rights violation.

Gay and transgender people in France have pressured the French government for years to change the law (Photo Courtesy of BBC)

Under the new law, transgender people in France will no longer have to provide proof of medical treatment when they are in the process of officially changing their gender. The law will also allow emancipated minors to officially change their genders as well.

France is now one of a number of European countries to abolish the sterilization process for transgender people. The activist group ILGA-Europe called the change “clear progress” that “another European country has dispensed with the shameful practice of sterilization.” Sophie Aujean, a spokeswoman from ILGA-Europe, stated that “These are years of sparring that finally come to fruition” and that “There is no other population in the world that is asked to be sterilized apart from transgender.”

ILGA-Europe, however, notes that it is still unfortunate that transgender people in France must have a court legally recognize their gender change. Other European countries including Denmark, Malta, Ireland, and Norway have all adopted laws that dispense with medical or judicial requirements of gender changes, relying on the principle of “self-determination.” People in those countries simply have to inform authorities of their gender change. Stephanie Nicot, head of the French LGBT Federation, admonished the fact that transgender people will still have to go through the court. She stated that “We’re not offenders, and judges have more important things to do!”

2013 studies show that approximately two-dozen European nations still require sterilization, including Norway, Finland, the Netherlands, Luxembourg, Belgium and Switzerland. In Britain, Spain, and Germany, a psychiatric diagnosis of gender dysphoria or transsexualism is required in order to legally change gender.

For more information, please see:

The Independent — France Scraps Obligatory Transgender Sterilisation Law — 18 October 2016

BBC — Transgender Rights: France Scraps Sterilisation in Status Law — 14 October 2016

Fox News — France Passes Legislation Scrapping Transgender Sterilization Law — 14 October 2016

The Verge — Transgender People no Longer Required to Undergo Sterilization in France — 14 October 2016

NBC — French Law Scraps Sterilization for Transgender People — 13 October 2016

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

October 22, 2016

“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 70^th 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.

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 70^th Anniversary of the Nuremberg Trials,U.S. Attorney General Loretta Lynch (Sept. 29, 2016)

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.

director-leila-sadat-with-iccs-sam-shoamanesh-chief-prosecutor-fatou-bensouda-and-deputy-prosecutor-james-stewart

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

October 22, 2016

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

October 22, 2016

649 individuals Killed at the Hands of the International Coalition Forces including 244 Children and 132 Women
The only Way to Defeat ISIS is to Ally with the whole Syrian People

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.

More …