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Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, Syria and Burma/Myanmar

Atrocity Alert, No. 19

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Iraq

On 18 August the UN Office of the High Commissioner for Human Rights (OHCHR) and the UN Assistance Mission for Iraq (UNAMI) published a new report: “A call for accountability and protection: Yazidi survivors of atrocities committed by ISIL.” The report concluded that the atrocities perpetrated by the so-called Islamic State “have been committed in a systematic and widespread manner, targeting and seeking to destroy the Yazidi group, in whole or in part.” OHCHR and UNAMI provided practical recommendations to the government of Iraq and the international community regarding accountability options, including calling on Iraq to accede to the Rome Statute of the International Criminal Court.

Syria

Populations in Aleppo continue to endure indiscriminate aerial bombardments despite repeated calls by UN officials for all parties to agree to 48-hour humanitarian pauses to ensure safe, unimpeded access to all parts of Aleppo. During a 22 August UN Security Council meeting on the situation, several Council members expressed alarm at reports of the Syrian government and Russia using incendiary weapons in civilian areas while UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Stephen O’Brien condemned the use of “double tap” attacks that put humanitarian workers at grave threat while attempting to rescue civilians. Referring to Aleppo as an “apex of horror,” Under-Secretary-General O’Brien asserted that the UN is prepared to send 50 trucks of assistance from western Aleppo into eastern Aleppo, as well as 20 additional trucks through cross-border operations, if they receive the necessary security assurances of a comprehensive pause in hostilities.

Burma/Myanmar

On 23 August the office of State Counselor Aung San Suu Kyi issued a press release announcing the establishment of an Advisory Commission on Rakhine State, chaired by former UN Secretary-General Kofi Annan. The nine-member Advisory Commission will initiate a dialogue with national and international stakeholders, including political and community leaders in Rakhine, to find “lasting solutions to the complex and delicate issues in the Rakhine State.” The new National League for Democracy government in Burma/Myanmar has faced increasing pressure to address discriminatory state policies and systematic persecution of the Rohinyga minority, more than 120,000 of whom remain segregated in internal displacement camps in Rakhine State. The UN High Commissioner for Human Rights has reported on widespread and systematic abuses against the Rohingya population that amount to crimes against humanity. The newly-formed Advisory Commission is expected to focus its investigation and recommendations on “humanitarian and development issues, access to basic services, the assurance of basic rights and the security of the people of Rakhine.”

Steve Gumaer

UN Photo/Mark Garten

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Egyptian Court Strips Citizenship over Marriage to Israeli Citizen

by Yesim Usluca
Impunity Watch Reporter, Middle East

CAIRO, Egypt — An Egyptian court ruled on Thursday, September 8th that an Egyptian citizen who is married to an Israeli woman must be stripped of his citizenship.

Egyptian Court ruled in favor of stripping citizenship based on marriage to an Israeli citizen

Ms. Shaimaa Amin had filed a lawsuit demanding that her brother, who had been living in the United Kingdom for twelve years, be stripped of his Egyptian citizenship on the grounds that he is married to an Israeli woman. Ms. Amin claimed that her brother’s political, religious and social views do not “suit Egyptian society,” and that his marriage constitutes a “threat to Egypt’s national security.”

The Court decided that marriages between Egyptians and Israelis constitute a risk to national security. It further held that this is a serious offense which is a sufficient basis for an individual to lose citizenship. It referenced Article 62 of the Egyptian constitution, which grants personal freedoms, including marriage. The Court stated that despite this Article, citizens are not entitled to freedom from all restrictions or the responsibility to “protect society and the state.” It declared that the defendant should have “worked hard to make his wife and son give up their Israeli nationality and come to live in Egypt.” The defendant, Ms. Amin’s brother, defended his decision to marry an Israeli woman. He stated that, unlike the Arab states, Israel was a defender of human rights that was contributing to fighting terrorism.

Ms. Amin’s lawsuit and the Court’s subsequent holding was in line with, and based on, a June 2010 ruling by the Egyptian Supreme Administrative Court, which ordered the Interior Ministry to strip citizenship from Egyptians married to Israeli women. This holding stated that the Interior Ministry must present each case to the Cabinet, which will then make an individualized decision on stripping citizenship based on whether the man married an “Israeli Arab or Jew.” In 2015, the Egyptian Supreme Administrative Court issued a further ruling based on Egyptian Nationality Law, which mandated the Cabinet and Interior Ministry to strip Egyptian nationality from citizens married to Israelis. Per Article 16 of this Law, the Egyptian government can strip citizens of their nationality to protect Egypt’s national security.

For more information, please see:

Reuters — Security threat? Egypt court strips man married to Israeli of citizenship — 10 September 2016

The Algemeiner — Egyptian Court Rules: Marriage to Israeli Grounds for Stripping of Citizenship — 9 September 2016

Ahram Online — Egyptian court rules Egyptians married to Israelis must be stripped of citizenship — 8 September 2016

The Jerusalem Post — Egypt restricts marriage to Israelis — 6 June 2010

Farc Releases First Group of Child Soldiers

By Cintia Garcia

Impunity Watch Reporter, South America

BOGOTA, COLOMBIA—The Revolutionary Armed Forces of Colombia-People’s Army (FARC) has released the first group of child soldiers in accordance to the peace accord signed last month. A total of 13 children were released on Saturday. The FARC claims to have 21 child soldiers in its ranks under the age of fifteen.

FARC has had a history of child Soldiers. (Photo Courtesy of BBC)

The International Committee of the Red Cross (ICRC) received the child soldiers and gave them mental and physical evaluations. Of the 13 children, eight of them have been handed over to UNICEF Colombia—the remaining five will also be given to UNICEF. The privacy of the children, including their identity, have been kept under discretion in order to successfully complete the mission. The ICRC stated that, “The girls and boys were received in establishments suitable for the process of reestablishment of their rights so that they are able to develop in the best conditions possible.” The ICRC confirmed that the ultimate goal in the process is reunification with their families. The Colombian High Commissioner for Peace, Sergio Jaramillo, stated, “They are going to gradually leave the camps in different regions of the country. It’s not going to be all at once—it is a process and this the first phase.” According to the Secretary-General’s Special representative for Children and Armed Conflict, Leila Zerrougui, confirmed that both the Government and FARC agreed on the details on Tuesday of the release and reintegration of the children in compliance with their best interest.

FARC has been known for forcing children to become soldiers, a human rights violation. In some cases, minors have been kidnapped while others have joined willingly. Colombian sources have claimed that half of all FARC members were recruited as children. The release of the child soldiers comes a month after the historic peace accord was reached in Havana, Cuba. In the course of the 52 year conflict between the Colombian government and FARC, 220,000 people have been killed.

For more information, please see:

BBC—Colombia Farc Rebels Hand Over Child Soldiers—11 September 2016.

CNN—Colombia’s Farc Rebels Release Child Soldiers in Potential Peace Deal—10 September 2016.

UN News Centre—Colombia: UN Official Welcomes Start of Reintegration of Children from FARC-EP on Saturday—8 September 2016.

 

One Police Officer; Seven Militants Killed in Kashmir Clashes

by Zachary Lucas
Impunity Watch Reporter, Asia

NEW DELHI, India — Gunfights and clashes left seven militants and one police officer dead in Kashmir. Clashes have been steady in the region since a popular militant commander died during the summer.

Injured Protesters Following Clashes with Indian Forces in the Summer (Photo Courtesy of BBC)

Indian security forces reported they had shot and killed three militants in Poonch, a district near the Indian border with Pakistan. Three of the militants were killed when they allegedly tried to storm the government secretariat in Poonch. The gun battle lasted all day which led to the death of a police officer along with the 3 militants. Another police officer and a civilian were wounded in the battle.

Another four militants were shot and killed as they attempted to cross the border into Pakistan in Kupwara. An Indian army official said a second wave of militants tried to cross the border, but they were apprehended without violence. No civilians were hurt during the skirmishes in Kupwara.

On Sunday, there were also large scale protests occurring in Karimabad village of Pulwama district. The protesters had come out to prevent the Indian soldiers from fighting militants. Protesters threw stones and blocked roads while security forces fired pellet rounds and tear gas. Over 150 protesters were injured in Karimabad village with 18 of them being transported to a hospital.

During the summer, a popular militant commander, Buhran Wani, died in a gunfight with Indian forces. Since then, there have been protests and clashes throughout Kashmir. Since Wani was killed, more than 70 protesters have died in clashes with Indian forces and thousands more have been injured. Just a couple of days earlier from these events, two more protesters died after engaging security forces.

Kashmir has been divided between Pakistan and India since both gained independence from Great Britain in 1947. Both countries claim the territory to be under their sovereign control. The disputed majority Muslim territory has caused two wars between India and Pakistan: one in 1947 and another in 1965. A large insurgency within Kashmir has been fighting for independence from India since 1989 which has left thousands of people dead.

For more information, please see:

Al Jazeera — Kashmir unrest: Two more protesters killed in clashes — 10 September 2016

BBC — ‘Militants’ killed in Kashmir clashes — 12 September 2016

BBC — Kashmir clashes over militant Burhan Wani leave 30 dead — 11 July 2016

Reuters — Skirmishes in Indian Kashmir leave police officer, seven militants dead — 11 September 2016

Tribune India — 150 protesters injured in Pulwama clashes — 12 September 2016

Al Jazeera: Slobodan Milosevic is no hero

Former Yugoslav President Slobodan Milosevic appears at the war crimes tribunal in The Hague in July 5, 2004  [Getty]
Former Yugoslav President Slobodan Milosevic appears at the war crimes tribunal in The Hague in July 5, 2004 [Getty]

by

Serge Brammertz is the chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia.

Most of the world’s attention focuses on today’s humanitarian crises. This is understandable. Preventing and ending armed conflicts must be the first priority, particularly in the face of immense and ongoing civilian suffering.

Yet it is important not to lose sight of what happens after conflicts are over. Years of dedicated effort are needed to secure the peace and rebuild order.

In the 1990s, conflicts in the former Yugoslavia transfixed the world much as Syria does today.

Since the Yugoslav wars were finally brought to an end, the international community has invested significant efforts to help restore peace and security in the Western Balkans. Meaningful progress has been achieved in critical areas such as democratisation, particularly through Euro-Atlantic integration and the European Union accession process.

The return of dangerous rhetoric

However justice and reconciliation – essential pillars for building sustainable peace – have faced far more opposition.

Initially, some progress was achieved, supported by far-sighted leaders such as the late Serbian Prime Minister Zoran Dindic and Croatian President Stjepan Mesic.

In the past few years, though, the situation has greatly deteriorated, with the return of rhetoric and policies not seen since the outbreak of the conflicts.

Some government officials throughout the region regularly misrepresent and disregard the judicial and historical record.

The denial of genocide, crimes against humanity and war crimes is almost commonplace today. Convicted war criminals are being publicly lauded as heroes.

Recent commemorations of tragedies have been used to inflame tensions and retrench divisions. These trends paint a worrying picture of how those domestic politicians throughout the region are shaping public opinion.

While Milosevic did not face final judgment in the courtroom, the facts and evidence remain. Today, any member of the public can access the ICTY’s judicial records and read the evidence.

Last week marked a new low. To widespread surprise, a thin pretext was seized in an attempt to publicly absolve former President of Serbia Slobodan Milosevic, of responsibility for the atrocities committed in Bosnia and Herzegovina.

Some, including the Serbian Foreign Minister Ivica Dacic, contend that earlier this year the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY) exonerated Milosevic in its trial verdict convicting former Bosnian Serb leader Radovan Karadzic.

The arguments are not only misguided, but wrong. The only person on trial in Karadzic’s case was Karadzic himself.

Insulting the victim

But the key point is that these arguments ignore historical facts established by the evidence. Revisionism not only insults victims; it holds a society back.

The ICTY Office of the Prosecutor indicted Milosevic for genocide, crimes against humanity and war crimes committed in Bosnia and Herzegovina, Croatia and Kosovo.

Our prosecutors introduced immense evidence – more than 350 witnesses and 5,700 documents comprising 150,000 pages – demonstrating his alleged criminal responsibility. Regretfully, he died in 2006 before his trial could be completed and a verdict entered.

OPINION: The Radovan Karadzic verdict will change nothing

Yet, while Milosevic did not face final judgment in the courtroom, the facts and evidence remain. Today, any member of the public – and any government official – can access the ICTY’s judicial records and read the evidence. Vital information can also be found in Serbia’s state archives.

Even in the absence of a criminal verdict, history’s judgment will be that Milosevic played a central role in fostering ethnic cleansing campaigns throughout the former Yugoslavia.

Isolation and stagnation

The ICTY has always adhered to the principles that accused are only prosecuted for their individual criminal responsibility, and that no people bear collective responsibility for the crimes of their leaders.

Yet equally, all people have the right to know what was done in their name. And with that knowledge, progress and reconciliation require acceptance of clear, historical facts, no matter how uncomfortable those facts may be. Revisionism and denial lead only to isolation and stagnation.

More accountability for atrocity crimes is urgently needed throughout the former Yugoslavia.

OPINION: Does Europe judge Radovan Karadzic or itself?

Unfortunately, for every country in the region there are legitimate doubts about the commitment to impartial and independent justice. Too often false equivalencies and appeals to ethnic victimhood are used to justify inaction and widespread impunity.

There is still time to take the right path. In Bosnia and Herzegovina, brutal insults to victims by denying the crimes against them must stop.

In Croatia, all those who were forced to flee their homes, whatever their ethnicity, must be recognised and protected.

In Serbia, the new government must demonstrate that its commitment to prosecute all war crimes cases is not only words, but the road map for real action.

Whether from intent or neglect, relations between the countries of the Western Balkans are at their worst point in years.

Efforts to rehabilitate those like Milosevic, or deny indisputable atrocities like the Srebrenica Genocide, are more than fading remnants of discredited regimes.

State and political officials throughout the former Yugoslavia must make a choice. To keep stoking the fires of ethnic nationalism by denying the truth and turning neighbours into objects of fear.

Or to accept that there were immense wrongdoings in the past; bring the perpetrators to justice and move forward together on the path to solidarity and lasting peace.

Serge Brammertz is the chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia and the Mechanism for International Criminal Tribunals.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policies.