War Crimes Prosecution Watch Volume 11, Issue 5 – May 16, 2016

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FREDERICK K. COX
INTERNATIONAL LAW CENTER

Founder/Advisor
Michael P. Scharf

War Crimes Prosecution Watch

Volume 11 – Issue 5
May 16, 2016

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

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

Libya

Rwanda (International Criminal Tribunal for Rwanda)

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

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

TOPICS

TRUTH AND RECONCILIATION COMMISSION

Terrorism

Piracy

Gender-Based Violence

COMMENTARY AND PERSPECTIVES

Muirfield Golf Club Votes to Continue Ban on Women Members

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

EDINBURGH, Scotland —After a two year consultation process, over 600 male members of the Muirfield Golf Club in Scotland have failed to reach a two-thirds majority vote which would allow women to join the club.  While women can continue to use the club as guests and visitors, they will not be allowed to join as members.

Muirfield Golf Club (Photo Courtesy of The Guardian)

This decision is a deviation from the recent trend set by other golf clubs in the United Kingdom.  The Royal & Ancient Club of St. Andrew’s and Royal St. George’s have both voted to admit women as members within the last two years.  As a result, Muirfield and the Royal Troon club are the only remaining traditional British Open host venues to maintain a ban against women members.  Royal Troon is currently reviewing their own membership policies to consider allowing women to join as members.

Among the reasons given for voting against women to join the club, dissenters have stated that they believe women would endanger the speedy play of the game, and would “feel uncomfortable” as members.  They also urged that the allowance of women members would go against the very nature of the club – “a gentlemen’s club where golf is played.”

Prominent golfers and various leaders have voiced their disagreement with the vote.  Scotland’s first female Prime Minister, Nicola Sturgeon, called the vote “simply indefensible” and urged the club to revisit the vote in the future.  Rory McElroy, former British Open champion, stated that the vote would damage golfs image.  Lesley Sawers, the Equality and Human Rights Commission Scotland commissioner, estimates that the decision will cost the Scottish economy £100m as a result of loss of revenue generated from the Open.

In response to Muirfield’s vote, Royal & Ancient, the organizer of the British Open, has refused to host the British Open at the club for as long as they continue to ban women as members.  Muirfield has hosted 16 British Opens in the past.

For more information, please see:

BBC — Muirfield to lose right to host Open after vote against allowing women members — 19 May 2016

CNN — Muirfield banned from hosting British Open after refusing women members — 19 May 2016

New York Times — Muirfield Golf Club Picks Discrimination Over the British Open — 19 May 2016

The Guardian — Muirfield loses right to hold Open after voting to remain men-only — 19 May 2016

Peace Talks Leads to Release of Child Soldiers

By Cintia Garcia

Impunity Watch Reporter, South America

Bogota, Colombia— On Sunday March 15 in Havana, Cuba, the government of Colombia and the Revolutionary Armed forces of Colombia (FARC) reached an agreement to release child soldiers from the FARC’s ranks. Both parties have agreed to release all children under the age of 15 from FARC, and FARC has agreed that they will no longer recruit children within this age range. In addition, the government of Colombia and FARC will develop a plan to release child soldiers under the age of 18. Furthermore, the agreement also proposes the creation of a reintegration plan that will assist in transitioning the child soldiers into society.

Child Soldier in Colombia. (Photo Courtesy of Colombia Reports)

The priority of the government of Colombia is to ensure the safety and the release of any child under the age of 15. FARC will assist the government of Colombia in finding and identifying any child who falls within this age group for their departure from the non-state military. Although FARC claimed it only had knowledge of 20 children under age 15 currently serving FARC, it has been confirmed that 170 children will be released. Upon the release of the child soldiers, FARC has asked the government of Colombia to not prosecute the child soldiers for crimes they have committed and provide them with “Victim Status.” About 100 boys and 70 girls will be released to UNICEF.

According to UNICEF, since 2013, the number of children soldiers that have been killed or injured under FARC has dropped by 40%. Additionally, in the past 17 years 60% of the 6,000 children that have left the rebel military belong to FARC.

UNICEF has been an integral partner during the peace talks in ensuring the children of FARC are reintegrated with their families and into society. UNICEF representative, Roberto de Bernardi, announced that UNICEF “stands ready to support the release of all children and their reintegration into their families and communities, in accordance with national and international law.”

The historic announcement comes amidst three years of peace talks between the government of Colombia and FARC. The peace talks are being held in Havana, Cuba with the goal of reaching a cease fire by the end of this year. FARC is the most mobilized rebel group in Colombia. Since the peace talks began, the number of fighters within FARC has reduced to about 8,000 through the voluntary disarmament, demobilization and reintegration program.

For more information, please see: 

BBC – Colombia and Farc Rebels Agreed Child Soldier Deal—16 May 2016

Colombia Reports—Farc to Release 170 Child Soldiers: Colombia’s Defense Minister—19 May 2016

New York Times—Colombia and FARC Rebels Reach a Deal to Free Child Soldiers—15 May 2016

Newsweek—FARC Rebel Rehab Hopes to Create Lasting Peace in Colombia—24 April 2016

UNICEF—UNICEF Welcomes FARC’s Announcement to Release all Children in its Rank—16 May 2016

Iraqi Forces Retake Rutba; Battle for Fallujah Next

By Zachary Lucas

Impunity Watch Reporter, Middle East

BAGHDAD, Iraq — After a two-day battle with the Islamic State, Iraqi forces reported that they had retaken the remote town of Rutba in the Andar Province. This comes on the heels of other military victories against IS in the northern and western regions of Iraq. This string of victories has been followed by some Iraq military officials stating that plans are being made to retake Fallujah next.

Iraqi Forces Have a String of Military Victories Against IS (Photo courtesy of the BBC)

Iraqi forces, backed by United States led coalition airstrikes, entered Rutba on Tuesday. These forces were helped by elite commandos and local tribal fighters to retake the city within two days. Coalition spokesperson, Colonel Steve Warren, stated that there were approximately 200 IS fighters in the town. Colonel Warren and Iraqi military officials added that little resistance was made by IS to defend the city.

Rutba was captured by IS in June 2014 and quickly became a home for IS training grounds and bases due to its remoteness. IS used Rutba as staging grounds for attacks in both Syria and Iraq. Colonel Warren stated that the retaking of Rutba will deny IS a “critical support zone” for future attacks against military forces and civilians.

Retaking Rutba is one of a few victories that the Iraqi military has seen in the last few months. In February, the Iraq military retook Ramadi from IS and last month they retook the town of Hit in Anbar province. Coalition forces estimate that IS has lost more than 30 percent of its territory in Iraq and Syria. Some officials have stated that the loss of territory and supplies has led IS to put up less military resistance and instead focus attacks on civilian populations like the recent bombings in Baghdad.

These recent victories and the strategic victory in Rutba, lead many into thinking that Fallujah is next. Both Iraqi military officials and local, allied militia leaders stated plans for retaking Fallujah are in the works. Fallujah was the first city to fall to IS control in 2014 and was later followed by numerous Iraqi military defeats, including losing the second largest city Mosul. Fallujah and Mosul, where IS has headquartered military operations, attacks on civilians, and sex trafficking of women, have been IS strongholds for almost two years.

For more information, please see:

The Washington Post — Iraqi forces retake Rutba from ISIS and eye Fallujah for next battle — 19 May 2016

BBC — IS conflict: Iraq forces retake remote western town of Rutba — 19 May 2016

Radio Free Europe — Iraqi Forces Retake Remote Western Town From Islamic State — 19 May 2016

Reuters — Iraq says it retakes western town of Rutba from Islamic State — 19 May 2016

Justice for Sergei Magnitsky: German TV Station ZDF Confirmed It Will Not Show Nekrasov’s Anti-Magnitsky Propaganda Film

Ger­man TV Sta­tion ZDF Con­firmed It Will Not Show Nekrasov’s Anti-Magnitsky Pro­pa­ganda Film

16 May 2016 – ZDF, a Ger­man public-service tele­vi­sion broad­caster, has con­firmed that they will not show Andrei Nerkrasov’s anti-Magnitsky pro­pa­ganda film. Pre­vi­ously, Sergei Magnitsky’s widow and mother expressed their cat­e­gor­i­cal objec­tion to dis­tri­b­u­tion in any form of the Nekrasov’s film about Sergei Mag­nit­sky because of its false and slan­der­ous content.

ZDF has now for­mally con­firmed its com­mit­ment to not broad­cast Nekrasov’s film. This fol­lows a sim­i­lar com­mit­ment by the French TV net­work ARTE.

“This film is full of lies and mis­in­for­ma­tion about the Mag­nit­sky case,said William Brow­der, leader of the global Jus­tice cam­paign for Sergei Mag­nit­sky and author of the New York Times best-seller “Red Notice: How I Became Putin’s No 1 Enemy.”

“It is my duty to Sergei’s mem­ory and to his fam­ily to pre­serve the truth and pro­tect his legacy,” con­tin­ued Browder.

Nekrasov’s film con­tains false state­ments about Sergei Mag­nit­sky, which are refuted by inde­pen­dent inter­na­tional bod­ies, includ­ing the Par­lia­men­tary Assem­bly of the Coun­cil of Europe, com­pris­ing del­e­gates from 47 states, the Euro­pean Par­lia­ment, the US Depart­ment, and the US Con­gress, among others.

Russ­ian human rights activists, includ­ing vet­eran dis­si­dent and head of the Moscow Helsinki Group Lud­mila Alex­eeva and Valery Borschev, head of the Moscow human rights com­mis­sion, who inves­ti­gated Magnitsky’s death, spoke out against the attempts by Andrei Nekrasov to spread the lies in this case for the ben­e­fit of those who have been exposed by Magnitsky’s tes­ti­mony of involve­ment in the fraud and broader cor­rup­tion aris­ing out of Panama Papers, and are being affected by Mag­nit­sky sanc­tions (State­ment by Lud­mila Alex­eeva:http://www.novayagazeta.ru/politics/72940.html; State­ment by Valery Borschev:http://www.novayagazeta.ru/politics/72931.html).

Nekrasov’s anti-Magnitsky film was sched­uled for broad­cast on ARTE, a Franco-German cul­tural TV net­work, on 3 May 2016. ARTE has can­celled the sched­uled broad­cast of Nekrasov’s anti-Magnitsky film, and ZDF has now con­firmed that it will not show this film.

The deci­sion not to broad­cast Nekrasov’s film by ZDF and ARTE fol­low the ear­lier deci­sion not to air the Nekrasov’s film at the Euro­pean Par­lia­ment for sim­i­lar rea­sons. The screen­ing of Nekrasov’s film was orig­i­nally sched­uled there as a pri­vate ini­tia­tive of Heidi Hau­tala, Andrei Nekrasov’s girl­friend and a mem­ber of the Euro­pean par­lia­ment from Finland.

ZDF is based in Mainz, Rhineland-Palatinate. It is run as an inde­pen­dent non-profit insti­tu­tion, which was founded by all fed­eral states of Germany.

For more infor­ma­tion, please contact:

Jus­tice for Sergei Magnitsky

+44 207 440 1777

e-mail: info@lawandorderinrussia.org 

www.lawandorderinrussia.org