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

Journalist Jia Jia Believed to Be Detained by Chinese Authorities

By Christine Khamis

Impunity Watch Reporter, Asia  

Chinese journalist Jia Jia is believed to be held by authorities for his connection with a published letter calling for President Xi Jinping’s resignation. Mr. Jia was likely detained on Tuesday as he boarded a flight to Hong Kong.

Mr. Jia, a well-known Chinese journalist. (Photo courtesy of the New York Times)

Mr. Jia is a freelance writer based in Beijing. He is known for his writing on topics designated as sensitive by China’s government and has critiqued corrupt officials and the Communist Party in the past. Despite his critique of the Communist Party, Mr. Jia had not previously written anything calling for a regime change.

Regardless, Mr. Jia has been accused of writing the letter, posted on a state-linked news website this month, which condemns Mr. Xi’s leadership and includes threats to Mr. Xi if he does not resign from office. It is unclear who wrote the article, which was signed only with a byline of “loyal Communist supporters.”

Mr. Jia stated before his disappearance that he did not write the letter. He did, however, warn a friend and editor at Wujie News about reposting the article on Wujie’s own website.

According to friends of Mr. Jia, he had feared detainment in connection to the letter before his disappearance. He and some of his family members were previously questioned about the letter.

There is currently no other information about Mr. Jia’s whereabouts or his detainment. His phone has been shut down, and he failed to appear to deliver a scheduled lecture at the Chinese University of Hong Kong last Thursday. Beijing law enforcement officials have not responded to requests for comment on Mr. Jia’s disappearance.

Mr. Jia is one among many others who have been accused of dissent and have been detained or imprisoned by authorities. The Chinese government has detained and imprisoned a growing number of individuals since Mr. Xi came into power, including lawyers, activists, and journalists.

 

For more information, please see:

BBC – China columnist Jia Jia ‘goes missing’ en route to HK – 18 March 2016

The New York Times – China Is Said to Be Holding Jia Jia, a Journalist, Over Xi Jinping Letter – 18 March 2016

CNN International – Lawyer says missing Chinese journalist Jia Jia didn’t write anti-Xi letter – 19 March 2016

Voice of America – Well-known Chinese Columnist Disappears – 17 March 2016

North Korea Sentences American Student to 15 Year Hard Labor Sentence

By Christine Khamis

Impunity Watch Reporter, Asia

  

PYONGYANG, North Korea –

North Korea has sentenced Otto Warmbier, an American college student, to 15 years of hard labor for his alleged removal of a political sign in a hotel. Mr. Warmbier, a student at the University of Virginina, had traveled to Pyongyang on trip with Young Pioneer tours, a company conducting trips from China to North Korea and was arrested in early January.

State-run media sources have reported that North Korea’s highest court has convicted Mr. Warmbier of subversion. Mr. Warmbier was charged with committing a hostile act against North Korea, and authorities claim that he was encouraged to commit such an act by a member in his Ohio-based church. During court proceedings earlier this week, officials submitted fingerprints and surveillance photos connecting Mr. Warmbier to the alleged hostile acts.

During a press conference last month, Mr. Warmbier admitted that he had attempted to take a banner containing a political slogan from his hotel in Pyongyang. According to official reports, Mr. Warmbier took a sign bearing the name of North Korean leader Kim Jong-un or Kim Jong-un’s father or grandfather.

Mr. Warmbier also issued a public apology in addition to his confession. It is not known at this time whether Mr. Warmbier was under duress at the time of his statement.

Mr. Warmbier during his publicized confession and apology. (Photo courtesy of NPR)

U.S. State Department spokesman Mark Toner says that the sentence given Mr. Warmbier is “unduly harsh” and calls for his release. Mr. Warmbier’s sentence comes amidst increasing tensions between North Korea and the United States due to North Korea’s recent nuclear weapons and missile testing.

Some U.S. officials and analysts believe that North Korea seeks to use Mr. Warmbier, among other detained American citizens, as political pawns. Mr. Warmbier is currently one of three North American detainees in North Korea. Because the United States has no embassy in Pyongyang, Sweden carries out consular relations on behalf of American citizens in North Korea.

 

For more information, please see:

The New York Times – U.S. Student Runs Afoul of North Korea’s Devotion to Slogans – 17 March 2016

CNN – North Korea Sentences U.S. Student to 15 Years Hard Labor – 16 March 2016

The New York Times – North Korea Sentences Otto Warmbier, U.S. Student, to 15 Years’ Labor – 16 March 2016

NPR – N. Korea Sentences American Student To 15 Years Of Prison, Hard Labor – 16 March 2016

 

 

 

 

 

Iran Tests Missiles in Message to Israel

By Brittani Howell

Impunity Watch Reporter, The Middle East

TEHRAN, Iran – Last Wednesday Iran conducted its second day of missile tests, firing two rockets. The rockets hit their targets over 1,400 kilometers (850 miles) away, making them capable of reach Israel, which is 1,000 kilometers away from the nearest point in Iran.

Ballistic missile was launched in the northern part of Iran on March 9th. (Photo courtesy of the Los Angeles Times)

Iran was barred from conducting any work on ballistic missiles that are capable of carrying nuclear warheads under United Nations Security Resolution 1929. This was revoked by the nuclear deal with the United States and was replaced with United Nations Security Resolution 2231 which urges that Iran abstain from such activity.

The second round of tests occurred on the same day that United States Vice President Biden was in Jerusalem meeting with Israeli Prime Minister Benjamin Netanyahu. It is alleged that the missile tests were intended to provoke an Israeli reaction.

Mr. Biden told reporters after his meeting with Mr. Netanyahu that, “We’re united in the belief that a nuclear armed Iran is an absolutely unacceptable threat to Israel, to the United States.” He continued, “And I want to reiterate which I know people still doubt here: If in fact they break the deal, we will act. And all their conventional activity outside of the deal is still beyond the deal, and we will and are attempting to act wherever we can find it.”

Iran’s Foreign Ministry spokesman, Hossein Jabier Ansari, told the state-controlled news agency, IRNA, that the missiles were for the legitimate defense of Iran and were not designed for carrying warheads. Analyst Nader Karimi Juni stated, “The ruling establishment is sending a message to the outside world that even though Iran has rejected nuclear weaponry, we are developing our missiles and making them increasingly sophisticated.”

Commander of Iran’s Revolutionary Guard, Major General Ali Jafari, stated, “Our enemies have realized that broader sanctions and scrutiny pressures have had little impact on our capabilities.” He continued, “That’s why they now seek to confine us in the missile field through economic sanctions.” Brigadier General Amir Ali Hajizadeh was quoted stating, “The reason why we designed our missiles with a range of 2,000 km is to be able to hit our enemy the Zionist regime from a safe distance.”

Israeli Defense Minister Moshe Yaalon commented that Iran was still hostile despite its nuclear deal with the United States in January. He stated, “To my regret there are some in the West who are misled by the honeyed words of part of he Iranian leadership while the other part continues to procure equipment and weaponry, to arm terrorist groups.”

Iran supplies weapons and technology to Hezbollah, its Lebanese proxy, which already has thousands of rockets capable of targeting Israel.

For more information, please see:

USA Today – Iran: Missile Tests Don’t Violate Nuclear Agreement, U.N. Resolution – 10 March 2016

CNN – Iran Launches Ballistic Missiles a Day After Missile Test – 9 March 2016

Los Angeles Times – Iran’s Latest Missile Test Launches Do Not Violate Nuclear Deal, U.S. Says – 9 March 2016

Reuters – Clinton Calls for Sanction on Iran After More Missile Tests – 9 March 2016

The New York Times – Iran Tests More Missiles in Message to Israel and Biden – 9 March 2016

U.S. Secretary of State Declares ISIS Responsible for Genocide

By Brittani Howell

Impunity Watch Reporter, The Middle East

DAMASCUS, Syria – On Thursday United States Secretary of State, John Kerry, declared that the Islamic State has committed genocide against Yazidis, Shi’ite Muslims, and Christians in Syria and Iraq. The statement came on the deadline set last year by Congress for the Obama administration to determine whether the Islamic State’s targeting of minority religious and ethnic groups amounted to genocide.

United States Secretary of State, John Kerry, declares Islamic State actions against Yazidis, Christians, and Shi’ite Muslims constitutes genocide. (Photo courtesy of the Huffington Post)

Mr. Kerry stated, “My purpose here today is to assert in my judgment, (ISIS) is responsible for genocides against groups in areas under its control including Yazidis, Christians, and Shi’ite Muslims.” He also stated that, “Daesh is genocidal by self-proclamation, by ideology, and by actions – in what it says, what it believes, and what it does.”

On Monday one chamber of the United States House of Representatives approved a unanimous resolution condemning the Islamic State for trying to eradicating minority communities. The United States is not legally obligated to take a particular action because of the finding of genocide.

Mr. Kerry stated that the Islamic State, “castigates Yazidis as, quote, ‘pagans’ and ‘devil-worshippers,’ and we know that Daesh has threatened Christians by saying it will, quote, ‘conquer your Rome, break your crosses, and enslave your women.’” He continued, “ Shia Muslims, meanwhile, are referred to by Daesh, as, quote, ‘disbelievers and apostates,’ and subjected to frequent and vicious attacks.”

In August 2014, the Islamic State rounded up thousands of Yazidis living in the Nineveh plains of north-western Iraq. The men and boys over age 14 were shot, boys under the age of 14 were forced to convert to Islam and subjected to military training. Women and girls were sold or handed to Islamic State militants as gifts.

In July 2014 the Islamic State killed as many as 1,700 army recruits, most of whom were Shia Muslims, when it captured the Camp Speicher military base outside of Tikrit, a northern Iraqi city.

Christians living in the territory have been forced to chose between converting to Islam, payment of a protection tax, jizyah, or death. In February 2015 21 Egyptian Coptic Christian migrant workers in Libya were beheaded.

Mr. Kerry also stated that “Naming these crimes is important, but what is essential is to stop them.” An Israeli Yazidi activist, Mirza Dinnayi, told CNN in an e-mail, “I am very happy to hear that (the U.S.) will recognize the genocide of Yezidi and Christian minorities.” He continued, “This is an important step to stop the suffering of the prosecuted people under the control of the extremist Islamic groups, specifically ISIS. And this is also important for my community to trust the international community again, because we were left in the hands of Islamic State.”

For more information, please see:

BBC News – Islamic State Committed Genocide, Says US – 17 March 2016

CNN – John Kerry: ISIS Responsible for Genocide – 17 March 2016

Huffington Post – John Kerry Calls Islamic State’s Atrocities Genocide – 17 March 2016

The New York Times – Citing Atrocities, John Kerry Calls ISIS Actions Genocide – 17 March 2016