Mausoleum Destruction in Timbuktu Leads to ICC Case

By Tyler Campbell

Impunity Watch Reporter, Africa

 

THE HAGUE, Netherlands – This September the International Criminal Court faced its first suspect charged with deliberately destroying religious or historical monuments. The suspect’s name is Ahmad Al Faqi Al Mahdi and he is charged in connection with the destruction of historic monuments in Timbuktu. This destruction took place in 2012 when Islamist Tuareg rebels took over the city and destroyed 14 of cities 16 historic mausoleums. These mausoleums had been labeled and protected as parts of a UNESCO World Heritage Site.

Islamist militants destroying historic Mausoleum. Photo courtesy of the BBC

The ICC’s accusation against Mahdi reads that he committed a “direct attack against buildings dedicated to religion, education, art, science or charitable purposes, and historic monuments.” This charge has been grouped under the larger umbrella of war crimes. The ICC issued a warrant for Mahdi since he is considers a war criminal for these acts. The case was transferred from the Niger court, by the prosecuting attorney Fatou Bensouda, to the ICC after it issued a warrant on September 18.

 

Judge Cuno Tarfusser heard Mahdi’s opening statements and set the date for the first formal hearing on January 18, 2016. During this hearing Mahdi gave some basic information about himself saying, “My name is Ahmad Al Faqi Al Mahdi, and I am from the Tuareg tribe… I was born about 40 years ago. I am a graduated of the teacher’s institute in Timbuktu and I was a civil servant in the education department… beginning in 2011.” He also asked to be spoken to in Arabic but declined further statements until he consulted his lawyers.

 

Prosecution at the ICC has alleged that Mahadi was at the head of the Hesbah during the Islamist Tuareg rebels control of Timbuktu in 2012 through 2013. The Hesbah acted as a sort of morality police, enforcing the Islamic religion, during this time period and lead the attack on 10 of the protected historical monuments. The Hesbah targeted these buildings because they were seen as symbols of idolatry to the Islamic faith.

 

The leader of the UN Educational, Scientific and Cultural Organization (UNESCO), Irina Bokova, applauded the decision by the Niger prosecution to transfer this case to the ICC. The direct attack by the Tuareg rebels was seen as a crime against not only the people of Timbuktu but also the world. “The cultural heritage of Mali belongs to all humanity,” she said in a statement given after the transfer. Since the attack, UNESCO has been busy helping the people of Timbuktu rebuild the 14 mausoleums that were destroyed during the occupation. The buildings can be rebuilt, but the thousands of ancient manuscripts that were burnt during the occupation, sadly, are lost forever.

 

 

 

 

For more information, please see:

BBC – Timbuktu mausoleum destruction suspect appears at ICC – 30 September 2015

Deutsche Welle – Islamist leader faces ICC over Timbuktu mausoleum destruction – 30 September 2015

AP – Suspect in destruction of Timbuktu mausoleums sent to ICC – 26 September 2015

All Africa – UN Hails War Crimes Trial for Suspect in Destruction of Historic Monuments – 26 September 2015

Nauru Eases Detention Center Rules for Asylum Seekers

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

MELBOURNE, Australia — Asylum seekers being held in a controversial center in the South Pacific are to be allowed to roam free, effectively ending their detention. All 600 people at the center on Nauru will be allowed to move around the tiny island nation; they will also have their outstanding applications for asylum processed within the next seven days.

The Nation of Nauru Will Allow Asylum Seekers Free Movement Around the Island. (Photo Courtesy of BBC News)

The surprise decision also came two days before the Australian High Court was due to examine the legality of Australia’s role in the offshore detention.

Successive Australian governments have vowed to stop asylum seekers reaching the mainland. For example, the country has previously turned boats back to Indonesia when it could, and sending those it could not for detention in camps on Nauru and on Manus Island in impoverished Papua New Guinea.

Justice Minister David Adeang issued a statement regarding the recent developments on Nauru and Manus Island Monday,

“The start of detention-free processing is a landmark day for Nauru and represents an even more compassionate program, which was always the intention of our government,” said Mr. Adeang. Mr. Adeang also confirmed that the Australian authorities would “provide support with safety, security and law enforcement.”

Advocates have long criticized Australia’s policy to hold asylum seekers on outlying islands, where they face the risks of violence and long periods in difficult conditions with limited medical care. Last month, an Australian Senate Report found conditions on Nauru were not appropriate or safe for detainees, and urged the government to remove children from the center.

Hugh de Kretser, the executive director of the Human Rights Law Center in Melbourne, Australia, expressed sentiments of both cautious optimism and skepticism.

“It is a welcome development that will provide some relief to the 600 or so people being detained, but it doesn’t address the fundamental injustice of warehousing people on a tiny island nation.”

Mr. de Kretser went on to question the timing of the announcement, which came just days before a hearing at Australia’s High Court on a challenge to the country’s immigration policy filed by the law center.

“We don’t think it’s a coincidence that this announcement is happening three years after the reopening of the detention center and two days before the highest court is considering the lawfulness of offshore detention on Nauru.”

The legal challenge has been brought on behalf of a pregnant woman from Bangladesh who was taken to Australia from the detention center in Nauru for hospital treatment. More than 200 asylum seekers, including 50 children, are also seeking legal protection after being taken to Australia for medical care they could not receive in Nauru and Manus Island.

The harsh conditions at the camps, including reports of systemic child abuse, have been strongly criticized by the United Nations and human rights groups.

An independent U.N. investigator postponed an official visit to Australia last month, citing a lack of government cooperation and “unacceptable” legal restrictions.

For more information, please see:

BBC News — Nauru to end detention of asylum seekers – 5 October 2015

NY Times — Nauru Easing Rules for Asylum Seekers at Detention Center Financed by Australia – 5 October 2015

Reuters — Tiny Nauru throws gates open at Australian camp for asylum seekers – 5 October 2015

Sky News — Asylum Seekers Free To Leave Nauru Centre – 5 October 2015

The Guardian — Nauru says it will process remaining 600 refugee claims within a week – 4 October 2015

WCPW Volume 10, Issue 15 – October 5, 2015

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

International Criminal Tribunal for Rwanda

Mali

Nigeria

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

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

South & Central America

TOPICS

Terrorism

Piracy

Gender-Based Violence

Priest Comes Out as Gay On the Eve of Vatican Synod

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

VATICAN CITY–

Monsignor Krzysztof Charamsa, a senior priest at the Vatican, revealed he is gay on the eve of a synod on the Church’s family teachings. Monsignor Charamsa said he came out to challenge the Catholic Church’s “backwards” attitudes and traditions towards homosexuality. He also revealed that he was in a relationship, and was happy and proud of his decision. In reponse, the Vatican called his actions “very serious and irresponsible,” and subsequently stripped him of all responsibilities.

Monsignor Krzystof Charamsa poses with his boyfriend, Eduoard, after coming out as gay during a press conference. The Monsignor came out on the eve of a synod put on by the Vatican focusing on Catholic family values. (Photo courtesy of the Irish Times.)

The official subject under discussion at the three- week synod is how to make sure that Catholic families will follow Church teachings. However, Monsignor Charamsa’s announcement all but confirms the existence of a “gay lobby” in the Catholic Church, and threatens to derail the synod. The undertone of the conference, nonetheless, remains whether the Church can relax its abhorrence to same-sex relationships and marriage while the Pope comments, “Who am I to judge?”

Monsignor Charamsa has not yet submitted his resignation to the Vatican, but hopes that his coming out will encourage others to push for change within the Church. During the press conference, he presented a ten-point “liberation manifesto” against “institutionalized homophobia within the Church,” which Monsignor Charamsa claims oppresses gay men in the Church, who allegedly make up a majority of the priesthood.

“I dedicate my coming out to all gay priests,” Charamsa said. “I wish them happiness even if I know that most of them will not have the courage to make the gesture I have made today. To my Church, I want to say that I reject and I denounce the current atmosphere of exasperating homophobia. Open your eyes to the suffering of gay people, to their desire for love.”

Monsignor Charamsa has been a member of the Congregation of the Doctrine of the Faith since 2003. While his fate as a priest is up to the local bishop in his home country of Poland, the Vatican has said he will no longer be a member of the Congregation.

For more information, please see—

Al-Jazeera–Vatican fires senior priest who declares homosexuality on eve of synod— 3 October 2015

BBC–Vatican acts after Polish priest reveals homosexuality— 3 October 2015

DNA–Vatican sacks gay priest after highly public coming out— 3 October 2015

Irish Times– Holy See rocked as senior Vatican priest comes out as gay— 3 October 2015

France Opens Criminal Investigation of Torture by Assad Regime

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

PARIS, France–

Last week, France opened the first criminal inquiry into allegations of torture under the regime of President Bashar al-Assad of Syria. Based upon tens of thousands of photographs taken by Syrian defectors, the evidence of torture is quite convincing. However, the investigation is still in the early stages, as a French torture victim or the arrest of a Syrian official will be necessary to move the charges forward.

Syrian defector “Ceasar” (blue hoodie jacket) took many of the 55,000 photographs that depict torture conducted by the Assad regime between 2011 and 2013. The photos are the basis of a French investigation into the crimes committed by the Assad regime, the first in the world against the Syrian government. (Photo courtesy of Yahoo!)

International human rights advocates have hailed the measure as necessary, despite the move being largely symbolic in nature. The problem, advocates state, is not the evidence, but rather the ability to get a live witness in front of a French courtroom.

“Faced with these crimes that offend the human conscience, this bureaucracy of horror, faced with this denial of the values of humanity, it is our responsibility to act against the impunity of the killers,” the French foreign minister, Laurent Fabius, said while announcing the investigation to international press. Mr. Fabius asked prosecutors to move forward with the investigation on September 10th, immediately after the French government authenticated the photographs taken by the defectors. A unit in the prosecutor’s office that specializes in mass crimes will be in charge of the investigation.

France, along with the United States, believes that Assad is part of the problem in Syria, and that he cannot be part of the solution in the Middle East. The French insistence on this is based on the photographs depicting mass torture taken by the defectors. These photographs, taken between 2011 and 2013, portray victims with eyes gouged out, starved, beaten and maimed, as well as corpses piled up by the thousands. The scale of the problem is believed to have grown, as more people have been killed by the Assad regime than by ISIS since the beginning of the Syrian civil war.

Earlier in the week, the U.N. Secretary General, Ban Ki-Moon, called for the Syrian civil war to be referred to the International Criminal Court for investigation. France is the first country to act since this call has been made, and has since stated that their probe should not prevent other countries from acting, nor should the U.N. feel discouraged from beginning their own investigations.

For more information, please see—

The Telegraph–France ‘opens war crimes inquiry against Assad regime’ in Syria: UN debate— 29 September 2015

Economic Times– France opens probe into Assad regime for ‘crimes against humanity’: Judicial source— 30 September 2015

New York Times– France Opens Criminal Investigation of Torture in Syria Under Assad— 30 September 2015

Toronto Metro– France opens investigation into alleged crimes against humanity by Syria— 30 September 2015

Yahoo! News– France opens probe into Assad regime for crimes against humanity— 30 September 2015