18 Elephants Saved or Stolen?

By Tyler Campbell
Impunity Watch Reporter, Africa

MBABANE, Swaziland – This Tuesday, a plane loaded with some unusual passengers started the long flight from Swaziland to the continental U.S. Instead of people this plane is carrying 18 heavily sedated elephants to their new homes in three U.S. zoos. The three male and 15 female elephants will be split between the Dallas zoo, Sedgwick County zoo in Kansas, and Henry Doorly zoo in Nebraska were they hope to be bred. This move has been heavily criticized by some animal rights activists.

Photo of the Dallas Zoo’s Elephant exhibit, one of the destination zoos for the 18. (Photo Courtesy: Dallas Zoo)

In February the U.S. Fish and Wildlife Service approved the plan and granted permission to the three zoos to import the 18 elephants. To get approval for this moce the zoos had to meet requirements under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. To fulfill both bodies of law the receiving zoos and the sending country had to make certain legal and scientific findings.

The exporting country must determine that:
• the export is not detrimental to the survival of the species,
• the animal was legally acquired,
• the animal will be prepared and shipped so as to minimize the risk of injury, damage to health or cruel treatment, and
• the importing country has issued an import permit for the animal.

The importing country must determine that:
• the import is for purposes that are not detrimental to the survival of the species,
• the proposed recipient is suitably equipped to house and care for the animal, and
• the animal is not to be used for primarily commercial purposes.

(CITES regulations at 50 CFR 23, Appendix-I)

After permission was granted the group, Friends of Animals, filed a suit in federal court against the Fish and Wildlife Service seeking an injunction to stop the move. At the time the suit was filed the move from Swaziland to the U.S. was scheduled to take place in May and the court date was set for March, 17.

In an unexpected and seemingly questionable move, the zoos changed the move date and decided to move the animals on Tuesday, 10 days before the court date. Michael Harris, the legal director at friends of Animals, called the move “blatantly underhanded.”

The zoos have attempted to justify their actions saying the move was necessary due to heavy drought that has affected the region. In theory the move not only saves the elephants but will also help to ease the strain that is being place on Swaziland’s Hlane national park by the dry conditions. The zoos are also scheduled to pay $450,000 to the park in an attempt to help save the severely endangered rhino population that lives there.

For more information please see:

The Guardian ­- US zoos secretly fly 18 elephants out of Swaziland ahead of court challenge – 9 March 2016

The Telegraph – Swazi elephants sedated and flown to US zoos in dramatic ‘rescue’ mission – 9 March 2016

CBSDFW – Animal-Rights Group Moves To Block Zoos’ Elephant Import – 16 February 2016

Fish and Wildlife Service – Q&A: Importation of Elephants from Swaziland – 21 January 2016

Unusual El Niño Brings Sever Drought Across Africa

Record high temperatures in February and a dry El Nino season have combined to leave 49 million hungry across southern and eastern Africa. The UN’s World Food Program has declared that Zimbabwe, Mozambique, South Africa, Zambia, Malawi and Swaziland will all be in need of food assistance within the year. The El Nino driven drought will have far reaching effects past food and water shortages and will make these populations venerable to other natural disasters like fires and infectious disease.

(Dry river bed outside Utrecht, a small town in South Africa.)

This season’s El Nino pattern has been unusual in two respects. First, it has been much more severe than any in recent memory. South Africa is having the driest season it has seen in 35 years, while South America is dealing with heavy rains. Second, it is predicted to last longer than normal. This El Nino pattern started in mid-2015 and many meteorologists are predicting it to last throughout much of 2016.

El Nino is a natural weather pattern that is brought on by the warming of the Pacific Ocean. Although it is a natural occurrence many meteorologist believe the increased severity is a result of global climate change.

Drought conditions and high temperatures are severely affecting crop yields in South African countries. Zimbabwe has seen output drop by half compared to 2015. Other countries have seen similar drops in production which has sent prices for staples crops, like maze, 50-70% higher in some regions. Should drought conditions and crop failure continue, these high prices and poor economic conditions could be felt well into 2017.

The UN and other aid agencies have been slow to react to these increasingly serious conditions. Global aid is already spread thin from other emergencies like the Syrian and Ebola crisis. Ocha, the UN’s coordination agency began to put need estimates out in mid-February of what response may be needed. These numbers show just how large and wide spread a problem this sever El Nino season is creating. Ten million are projected to need food aid in Ethiopia and 2.8 million more will see some kind of need in Guatemala and Honduras.

A detailed response plan has not yet been laid out by these organizations but one will likely be needed because of the scale of the problem. Even if the rains started today regions would still be faced with some food shortages. Britain’s Department for International Development said in a statement, “the planting window for cereals has already closed in the southern part of the region [Africa] and is fast closing elsewhere.”

For more information please see:

The Guardian – Drought and rising temperatures ‘leaves 36m people across Africa facing hunger’ – 16 March 2016

The Guardian – El Niño is causing global food crisis, UN warns – 16 Feb. 2016

Reuters – Drought may affect 49 million in southern Africa: WFP – 15 Feb. 2016

Reuters – South Africa drought likely to persist -weather service – 18 Dec. 2015

Syria Deeply Weekly Update: The Art of the Uprising Turned War in Syria

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.

The Art of the Uprising Turned War in Syria

Syria Deeply looks back at some of the history and evolution of the country’s revolutionary art over the past five years of war, including political graffiti, digital art and other mediums that have become part of the language and culture of the uprising.

Childhood Under Attack: Faces Behind the Numbers

With the Syrian conflict entering a sixth year, at least 250,000 children are struggling to access food, electricity and life-saving medicine due to sieges by the warring sides. Those who manage to flee lack adequate protection, despite being the most vulnerable among refugees. This story introduces our series “Lost Childhoods.”

A Year in Review: The Worst Year of Conflict Yet

The past 12 months have been exceptionally violent for Syrians. We look at the numbers and statistics from the past year to illustrate the worst period yet in the conflict, which has claimed hundreds of thousands of lives and displaced millions.

More Recent Stories to Look Out for at Syria Deeply:

Women’s Inclusion in the Geneva Peace Talks

War on Syria’s Rebels Continues in Plain Sight

My Life Outside Syria: Diary Entry 61

Op-Ed: Russia’s Withdrawal is Message to Syrian Regime

Op-Ed: Cease-fire and Prospects for Success in Geneva

Op-Ed: The Life of a Syrian Activist

Op-Ed: Can Negotiations End the Conflict in Syria?

Op-Ed: Young Syrians at a Crossroads

Find our new reporting and analysis every weekday at www.syriadeeply.org.
You can reach our team with any comments or suggestions at
info@newsdeeply.org.

Mohammad Al Abdallah: Five Years on, We Must Focus on the Victims of Syria’s Atrocities

This was co-authored by Shabnam Mojtahedi.

As the conflict in Syria enters its sixth year, gross human rights violations remain one of the main features in the conflict. Although the anniversary of the uprising this year has coincided with a U.S.-Russia brokered ‘cessation of hostilities’ agreement that has, contrary to the expectations of many observers, lasted since Feb. 26, the big picture in Syria appears bleak.

The Syrian government forces and rebel armed groups have been committing gross human rights violations at an alarming scale, dragging the country into an endless cycle of violence and revenge attacks. Torture, in particular, has been one of the most widespread and well-documented acts of violence in the current conflict.

The practice of torture has a long history in Syria and was common during the three decades of former President Hafez al-Assad’s rule. Syrians shared thousands of accounts of torture and the mistreatment of political prisoners in detention. Several novels were written on the abuses in Tadmur Prison alone. No real changes were brought to the security forces, detention conditions, or even the justice sector after Bashar al-Assad, Hafez’s son, succeeded to power in Syria. The practice of torture continued – something I faced and witnessed myself during the few months I spent at Sednaya Military prison in 2006.

As the recent uprising of 2011 broke, security agencies, relying on decades of experience in arbitrary arrests, torture, and fear, became as ruthless as ever. Detention centers employed a revolving door arrest campaign, and the aim of torture shifted from the extraction of information to merely killing detainees. The scale of brutality shocked the world, particularly after Caesar, the now well-known military police photographer, defected and left Syria, displaying the photos of torture for all to see.

But how has the government’s increase in violence influenced Syrians in the opposition? Rather than fighting against the use of torture, certain rebel groups, including factions of the Free Syrian Army (FSA) and Jabhat Al Nusra, quickly learned from Assad’s practices and began perpetrating horrifying acts of torture of their own. They introduced opposition-controlled secret detention centers, and stories and videos of their atrocities began appearing online.

For many Syrians, torture has become a daily part of life, whether from a broadcast on the news, videos on YouTube, or knowledge that a friend or relative experienced or died from the abuse; yet, the majority of Syrians are not mobilizing against the practice. Although this may be because Syrians inside the country fear for their safety, Syrians in the Diaspora have also turned a blind eye on such practices.

Through my work on Syria, I have interviewed hundreds of torture survivors over the course of a decade, witnessed torture first-hand at the Sednaya Military Prison, and most recently, have been leading the Syria Justice & Accountability Centre’s work on documentation. Over the years, I have been able to identify the following trends regarding torture in the Syrian context:

1. The practice of torture is increasing. At the beginning of the uprising, Assad and his forces used torture to suppress political dissent, but now almost all sides are implicated in the practice.

2. Torture is being justified. Sectarianism in both Syria and Iraq is growing. Sectarian hatreds are not only increasing the brutality of torture but also giving Syrians and Iraqis a reason to excuse the perpetrators — as long as the perpetrator belongs to their own sect. This is true even among educated Syrians.

3. Torture is no longer a private matter. Historically, torture in Syria has been committed in detention centers, away from the public eye. Sometimes videos were leaked, but overall it was the government’s dirty secret. In today’s Syria, torture has become a public act, thus normalizing its practice in the street, check points and on the fighting fronts. Onlookers can even cheer for the perpetrators, publicly showing support for its practice.


4. Torture is committed in groups.
One of the most alarming trends is that torture is being committed by groups of perpetrators. The evil of a single perpetrator inflicting this type of harm on another human being is easier to comprehend than when it happens in a group. Rather than voicing an objection or a sign of empathy, they encourage each other, as if competing to see who the more brutal perpetrator is.

5. Syrians in the Diaspora are supporting torture. Often, I have seen Syrian refugees post torture videos and slogans calling for revenge on social media. Syrians in the Diaspora denounced the conviction of a former FSA fighter in Sweden after he posted a video of himself torturing a prisoner in Syria in 2012. Swedish investigators found the video, and a court sentenced him to five years in prison. Despite the clear evidence, many Syrians did not believe a punishment was warranted for “treating Assad soldiers the same way they treated us.”

6. Only justice will help deter torturers. Syrian human rights activists, lawyers, and ordinary people have worked tirelessly, and at extreme risk to their lives, to document the violations occurring in the conflict and to shame the perpetrators internationally. But, after five years, it is clear that documentation alone is not deterring the practice, or even opening a debate within Syrian society about the wrongness of torture. For documentation to be truly effective, it must be accompanied by accountability processes. Accountability can begin now through the jurisdictions of European and North American courts and should continue into the future.

The practice of torture threatens to further tear Syria’s social fabric and increase sectarianism. Syrians need to better understand that torture affects every community, regardless of ethnicity or religion. In the long run, torture will continue playing a destructive role in Syria, even after the conflict ends, unless Syrian society uniformly condemns it and works to reform current and future practices. Most importantly, the current talks in Geneva must prioritize justice and accountability for torture and other human rights abuses and include investigations into and a condemnation of torture in the final peace agreement.

Mohammad Al Abdallah is a Syrian human rights lawyer and activist. Former political prisoner in Syria for two prison terms. Currently, he is the Executive Director of the Syria Justice & Accountability Center.

Shabnam Mojtahedi, Legal and Strategy Analyst of the Syria Justice & Accountability Center contributed to this article.

Follow Mohammad Al Abdallah on Twitter: www.twitter.com/Mohammad_Syria

War Crimes Prosecution Watch Volume 11, Issue 1 – March 21, 2016

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

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan and South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Mali

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

EAST AFRICA

Somalia

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

Turkey

Extraordinary Chambers in the Courts of Cambodia (ECCC)

Iraq

Syria

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

AMERICAS

United States

South & Central America

TOPICS

Terrorism

Piracy

Gender-Based Violence

COMMENTARY AND PERSPECTIVES

WORTH READING

Worth Reading