Syria Justice and Accountability Centre: Paris, Beirut, and the Inconsistent Definition of Civilian

In the wake of the tragedies in Paris and Beirut, public debate has been mounting on the proper response to the brutality of the Islamic State of Iraq and the Levant (ISIL), refugee policy and quotas, and the treatment of Muslims in Western countries. On social media, many criticized Facebook, the media, and other users for giving more attention to the senseless deaths in Paris while largely ignoring similar events in Beirut. Syrians also took to social media to express their sympathy and outrage, but like those in Europe and North America, their reactions to the attacks in Paris and Beirut differed, in an even more alarming way.

Although many Syrians denounced both attacks equally, many others, including some activists, cheered the deaths in Beirut’s Shia suburb, Dahiyeh, a Hezbollah stronghold. They argued that Hezbollah, an Assad government ally, has been responsible for the death and suffering of innocent Syrians. Accordingly, the death and suffering of innocent people living in a Hezbollah-dominant neighborhood was just retribution. Two days later, the same individuals expressed their condolences for the deaths in Paris, decrying terrorism and the targeting of civilians. The definition of “civilian” seems to have changed over night.

The hypocrisy of these statements is not new. Only weeks earlier, Jeish al-Islam, one of the groups that issued amoving statement condemning the Paris attacks on civilians, was documented parading prisoners and civilians, including women, through the streets in cages in order to deter airstrikes by the Syrian government. The use of civilians as human shields endangers their lives and is a clear violation of international law. In a similar vein, prior to the Beirut bombing, Hezbollah supporters celebrated and distributed baklawa in the streets when Homs fell to the Syrian government in 2014, resulting in many civilian deaths.

As these and other examples demonstrate, there is a growing view that, when civilians support the enemy, they lose their civilian status and can be justly targeted and killed. This view is blatantly false. International humanitarian law strictly prohibits attacks on civilians, defined as persons who are not members of the armed forces or other organized armed groups. This protection is only forfeited in cases where a civilian takes a direct part in hostilities. Taking a direct part in hostilities is commonly understood to include “acts of violence which pose an immediate threat of actual harm to the adverse party.” Simply living in an opposition stronghold or showing support for an adverse party’s position or military effort does not rise to this level.

In the absence of real justice mechanisms that hold perpetrators to account for their crimes against civilians, empathy for the suffering of others has eroded and revenge attacks have become more common. Certain rebel groups, including factions of the Free Syrian Army and Jabhat Al Nusra, are perpetrating horrific acts of their own, including secret detention and torture practices, very much modeled off of Syrian government procedures. Furthering the cycle of impunity, increased sectarianism has led to a greater willingness among Syrians to overlook such abuses when perpetrated by members of their own sect — favoring justice in any form, even at the cost of human dignity. Such a shift does not bode well for future transitional justice initiatives. Both Syria and the international community should prioritize accountability for attacks on civilians in order to combat impunity and ensure justice for all victims.

For more information and to provide feedback, please email SJAC at info@syriaaccountability.org.

Suicide Bombers Kill Dozens in Beirut

By Brittani Howell

Impunity Watch Reporter, The Middle East 

 

BEIRUT, Lebanon – At least 43 people were killed on Thursday when two suicide bombers attacked Lebanon’s capital. More than 200 people were wounded in the attacks. The Islamic State has claimed responsibility for the attack, however Lebanon’s government has made no conformation.

Site of the two suicide bombing attacks in Beirut. (Photo Courtesy of the New York Times)

Lebanese Interior Minister, Nohad Machnouk, announced on Sunday that seven Syrians and two Lebanese suspects had been arrested for allegedly planning the terrorist attacks. According to Machnouk, the attackers had originally planned to strike a hospital in Rasoul al-Azam. The plan changed because of tight security in the hospital.

The two blasts on Thursday, occurred almost simultaneously, striking a Hezbollah Shi’ite community center and a nearby bakery in Borj al-Barajneh. Borj al-Baranjneh is a residential and commercial area. Allegedly, a bike loaded with explosives was detonated and when people gathered around the explosion a suicide bomber blew himself up in the group of people.

“They targeted civilians, worshippers, women and the elderly. It only targeted those innocent people. This is a Satanic, terrorist act, carried about by apostates,” Bilal Farhat told Associated Press.

Abdullah Jawad stated, “The government can’t protect us.” He continued, “They can’t even pick up the trash from the streets.” Lebanon’s government has been in a stalemate and as a result have been unable to resolve electricity and water shortages or the collapse of garbage collection.

Those in Lebanon were shocked over the weekend to hear about the attacks in France, as they considered that country safer than Lebanon. But the feelings of solidarity were also mixed with anguish that only one of the two cities had received global sympathy.  A doctor in Lebanon wrote, “When my people died, no country bothered to light up its landmarks in the colors of their flag.”

The attacks in Paris may also lead European countries to close their doors to asylum seekers. One of the Paris attackers had posed as a refugee seeking asylum in order to get into Paris. A spokesman for the Syrian Canadian Council, Faisal Alazem, stated, “This is the sort of terrorism that Syrian refugees have been fleeing by the millions.”

For more information, please see:

Associated Press – Lebanon Detains 7 Syrian, 2 Lebanese Terror Suspects – 15 November 2015

The New York Times – Beirut, Also the Site of Deadly Attacks, Feels Forgotten – 15 November 2015

Reuters – Lebanon Arrests Five Syrians, One Palestinian Suspect in Beirut Bombings: Security Source – 14 November 2015

CNN – Beirut Suicide Bombings: Why Lebanon and What’s Next? – 13 November 2015

BBC News – Beirut Attacks: Suicide Bombers Kill Dozens in Shia Suburb – 12 November 2015

ICTJ | World Report November 2015 – Transitional Justice News and Analysis

In Focus

Doing Right by Victims in Cote d’Ivoire: Ouattara’s Second TermIn this op-ed, ICTJ President David Tolbert argues that President Alassane Ouattara should use his second term as president to address widespread atrocities committed in Cote d’Ivoire’s recent past.

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World Report

AFRICAThe Government of Kenya asked the United Nations Security Council to defer the International Criminal Court (ICC) cases against Deputy President William Ruto and radio broadcaster Joshua Sang, who are charged with crimes against humanity allegedly committed during post-election violence in 2007 and 2008. The ICC decided not to hold the trial of former Lord’s Resistance Army commander Dominic Ongwen in Uganda. The ICC called on India to arrest Sudan President Omar Al-Bashir – who is wanted for war crimes, crimes against humanity, and genocide in Darfur – while he visited the country. In Cote d’Ivoire, President Alassane Ouattara was reelected to a second term. The ICC prosecutor warned against war crimes in Burundi, where political divisions and violence have raised concerns about a potential genocide.

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AMERICASAs part of the Colombia peace talks, the government and the FARC reached an agreement to work together to locate thousands of people who disappeared during the country’s 50-year conflict. President Juan Manuel Santos apologized for the 1985 raid on Colombia’s Palace of Justice, during which nearly 100 people were killed, and prosecutors identified the remains of three people who were disappeared the siege. Guatemala opened a new court to hear war crimes cases stemming from the country’s civil war. The National Centre for Truth and Reconciliation – an archive of materials related to abuses committed in Canada’s Indian Residential Schools – opened in Winnipeg. Mexico will reopen its investigation into the disappearance of 43 college students from Ayotzinapa.

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ASIANepal’s government limited the number of staff postings at its Truth and Reconciliation Committee to 100 people, 44 fewer than what was originally requested. In Myanmar Aung San Suu Kyi’s opposition party won a majority of seats in parliament in the country’s first free nationwide elections in over 25 years. Ahead of the elections, Myanmar signed a ceasefire with eight armed rebel groups, but the most active militant groups declined to join the agreement. In Sri Lanka, a judge appointed by former President Mahinda Rajapaksa found that allegations that government forces committed war crimes during the civil war – fiercely denied by the Rajapaksa government – are in fact credible.

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EUROPEIn Bosnia and Herzegovina, the families of three people killed by Bosnian Serb forces in the 1995 Srebrenica genocide petitioned the European Court of Human Rights to prosecute three former Dutch UN commanders for their role in the three men’s deaths. Meanwhile, Serbia said that it will donate $5.4 million to Srebrenica for economic development. Kosovo and Montenegro signed an agreement of cooperation to find out what happened to over 1,000 people who disappeared during the Kosovo war in the late 1990s. The Organization for Security and Co-operation in Europe said that Serbia is laggingbehind on war crimes prosecutions, and the European Union said that Montenegro needs to do more to fight impunity for war crimes. Turkey granted Cyprus access to military-controlled areas of Northern Cyprus in order to speed the search for missing persons from the conflict that divided the island in the 1960s and 70s.

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MENAVictims in Tunisia say that they want a more direct voice in the country’s transitional justice process.Palestine gave ICC prosecutors a file of evidence of war crimes committed during a recent spate of violence between Palestinians and Israelis. Journalist and activist Hassam Bahgat was arrested andreleased by Egypt’s military. Lebanon’s human rights record was reviewed by states during the latest session of the UN Human Rights Council’s Universal Periodic Review, and received recommendations on women’s rights, torture, migrant workers, establishment of a moratorium on the death penalty.Kuwait agreed to postpone reparations payments from Iraq stemming from Saddam Hussein’s occupation of Kuwait in the 1990s.

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Publications

From Rejection to Redress: Overcoming Legacies of Conflict-Related Sexual Violence in Northern UgandaThis report examines the unique, enduring consequences of conflict-related sexual violence in northern Uganda, focusing specifically on the impact of the lack of accountability for sexual crimes leading to motherhood on girls and women, and on the children they bore as a result of violations.

Tunisia in Transition: One Year After the Creation of the Truth and Dignity CommissionThis briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

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Upcoming Events

December 03 – 05, 2015

The Politics of Memory: Victimization, Violence and Contested Narratives of the PastLocation: Columbia University, New YorkView Details

December 08, 2015

Annual Emilio Mignone Lecture on Transitional JusticeLocation: New York, USAView Details