Global Centre to Protect Newsletter

July 2015

The Global Centre for the Responsibility to Protect’s Newsletter is intended to highlight recent activities of interest to our colleagues and supporters worldwide. Highlights from the Global Centre’s activities since February 2015 include an assessment mission to the Central African Republic, the release of our 4th Occasional Paper:Failure to Protect: Syria and the UN Security Council and co-hosting the 5th Annual Meeting of the Global Network of R2P Focal Points.

Our Work:

1. Assessment mission to the Central African Republic 

Between 26 January and 8 February Research Analyst Evan Cinq-Mars undertook an assessment mission to the Central African Republic (CAR). This was the second such mission to CAR undertaken by the Global Centre. The first mission, in March 2014, assessed efforts to uphold R2P, focusing on the protection of civilians, accountability, mediation and reconciliation. The Global Centre subsequently published a policy brief that provided recommendations for the international community to enhance efforts to uphold R2P in CAR.

The objective of this second mission was to assess accountability for grave human rights violations, protection of civilians, humanitarian access and progress towards reconciliation. Meetings were held with a diverse array of actors, including government officials and various UN agencies, representatives from the African Union, European Union and the French intervention force, as well as humanitarian and non-governmental actors.

During February the Global Centre convened an off-the-record briefing for the UN Security Council. Additionally, the recommendations contained within the policy brief, Reinforcing the Responsibility to Protect in the Central African Republic, was updated to reflect the current situation. Later this year the Global Centre will publish an Occasional Paper focused on efforts to prevent the violence in CAR.
UN Peacekeepers with MINUSCA, taken by Mr. Evan Cinq-Mars while on a research mission to CAR in February.

2. R2P at 10: Progress, Challenges and Opportunities in the Asia Pacific 

On 26 and 27 February the Global Centre, together with the United Nations, Asia-Pacific Centre for R2P, Cambodian Institute for Cooperation and Peace, International Coalition for RtoP and The Stanley Foundation, cohosted the “R2P at 10” conference in Phnom Penh, Cambodia. The event was opened by the Prime Minister of the Kingdom of Cambodia, H.E. Samdeh Hun Sen, and many high-level officials participated. The purpose of the conference was to discuss how R2P has matured since 2005 and focus on ways to build upon the successes and failures of the last 10 years. In his remarks, the Global Centre’s Executive Director, Dr. Simon Adams, focused on the gains that have been made and what still needs to be done with regards to prevention and timely response in the face of mass atrocities. The Global Centre’s Director of Programs, Ms. Savita Pawnday, also spoke during the conference on a panel focused on building national architectures and the Global Network of R2P Focal Points. Two members of the Global Centre’s International Advisory Board, Professor the Hon. Gareth Evans, former Minister of Foreign Affairs of Australia, and Dr. Edward C. Luck, former UN Special Adviser on the Responsibility to Protect, also addressed the conference.

While in Phnom Penh, Dr. Adams and Ms. Pawnday also participated in consultations for the upcoming Secretary-General’s Report on R2P for states in the Asia-Pacific region as well as in a consultation with civil society groups. Dr. Adams and Ms. Pawnday also paid their respects at the Tuol Sleng and Cheoung Ek genocide memorial centres.
Photos of victims of the Cambodian Genocide in Tuol Sleng Genocide Museum in Phnom Penh, Cambodia.

3. Release of “Failure to Protect: Syria and the UN Security Council”

On 14 March the Global Centre published its fourth Occasional Paper, entitled, “Failure to Protect: Syria and the UN Security Council.” The paper was written by Dr. Simon Adams and was published on the fourth anniversary of the start of the Syrian conflict. This occasional paper assesses the Security Council’s response to Syria through the conflict’s various phases. Dr. Adams argues that without an agreement by the Permanent Members to refrain from using their veto in future mass atrocity situations, the legitimacy and efficacy of the Council will be increasingly called into question. To access the full text, please visit our webpage.

4. Workshop on R2P in New Delhi, India

On 8 and 9 April the Ministry of External Affairs of the Republic of India (MEA), the United Service Institution of India (USI) and the Global Centre co-hosted a two-day workshop in New Delhi, India, on the Responsibility to Protect. The conference, the first to be held on the sub-continent with regard to R2P, was an opportunity to have an informed conversation with key stakeholders (senior officials from the MEA, Defense Ministry and other relevant ministries as well as policy research institutes based in Delhi and relevant experts) about the context in which India engages in civilian protection and mass atrocity prevention in multilateral fora. Over the course of the constructive discussion, issues relating to UN Security Council reform, use of force and the future of UN peacekeeping operations were examined. Senior MEA officials noted that India was deeply committed to protecting populations from mass atrocity crimes and that the recommendations raised during the conference would factor into future policy planning. Ms. Savita Pawnday and the Global Centre’s Advocacy Officer, Mr. Ryan D’Souza, participated in the seminar.
Ms. Savita Pawnday and Mr. Ryan D’Souza representing the Global Centre at the Workshop on R2P in New Delhi, India. 

5. Centennial of the Armenian Genocide

On 24 April the centennial of the Armenian Genocide was commemorated. The Global Centre released a statement encouraging the UN and governments around the world to commemorate the centennial by formally recognizing the genocide. The Global Centre’s Executive Director was interviewed on Arise TV regarding the centennial and wrote an op-ed for Time’s “Zocalo Public Square Forum” entitled“Here’s Why Genocide Keeps Happening.” The Global Centre’s Advocacy Officer, Mr. Ryan D’Souza spoke on a panel during the “Responsibility 2015” Armenian Genocide Centennial Conference in New York.

6. Advocacy on the situation in Burundi

The Global Centre has been concerned about the rising risk for potential mass atrocities in Burundi. On 26 April civil unrest broke out in Burundi following President Nkurunziza’s announcement to seek a third term, seen by many as a violation of the constitution and of the Arusha Peace Accord. The Global Centre released a statement on the situation and Dr. Simon Adams made multiple appearances on BBC and Al Jazeera English to discuss the deteriorating situation. Burundi has also been featured in the “Imminent Risk” section of the R2P Monitor. For more information on this situation, please visit our Populations at Risk webpage.

7. R2P Policy Forum in Pretoria, South Africa

On 7 July the Global Centre co-hosted an R2P Policy Forum in Pretoria alongside the Department of International Relations and Cooperation of South Africa (DIRCO), the Institute for Global Dialogue and the University of South Africa. The policy forum facilitated a comprehensive examination of the prevention of mass atrocities in the context of South African domestic and foreign policy. The forum brought together high-level officials from DIRCO, as well as South African academics and think tanks, to debate challenges in preventing atrocities as well as how to better engage in regional and international efforts to respond to these situations. The forum also facilitated the identification of measures to strengthen South Africa’s commitment to R2P, as well as an exchange of ideas among participants about how emerging powers can continue to engage in the development of the norm. Dr. Simon Adams and Ms. Savita Pawnday attended the meeting on behalf of the Global Centre and gave remarks during the event.
Dr. Simon Adams giving introductory remarks at the R2P Policy Forum in Pretoria South Africa on 7 July. 

8. Advocacy around the 20th Commemoration of the Srebrenica Genocide

On 11 July the international community joined Bosnia and Herzegovina in marking the 20th Commemoration of the genocide in Srebrenica, where an estimated 8,000 men and boys were systematically murdered by Bosnian Serb forces within a UN-designated “safe area” under the protection of 400 peacekeepers. The Global Centre released a statement on the Commemoration and condemned the Russian veto of a UN Security Council draft resolution recognizing the crimes committed in Srebrenica as genocide.

Additionally, Dr. Simon Adams attended official Commemoration events in Potočari, Bosnia and Herzegovina.
Dr. Simon Adams attended funeral services for exhumed victims of the Srebrenica Genocide in Potočari, Bosnia and Herzegovina on 11 July. 

9. Global Network of R2P Focal Points

The UN Office of the Special Advisors for the Prevention of Genocide and the Responsibility to Protect, together with the Ministry of Foreign Affairs of Slovenia and the Global Centre, organized the 2nd Regional Meeting of European members of the Global Network of R2P Focal Points on 20 April in Brdo, Slovenia. The purpose of this meeting was to hold European consultations for the next UN Secretary-General’s Annual Report on R2P.

The Governments of Spain and Chile co-hosted the fifth annual meeting of the Global Network of R2P Focal Points in Madrid, Spain, on 23 and 24 June in association with the Global Centre for the Responsibility to Protect and The Stanley Foundation. The meeting brought together senior government officials from more than 50 countries as well as representatives from the European Union and United Nations, including the UN Secretary-General’s Special Adviser on the Responsibility to Protect, Dr. Jennifer Welsh. During the two-day meeting, delegates participated in a range of plenary sessions on the theme of “10 Years of the Responsibility to Protect: Responding to New Challenges and Threats to Vulnerable Communities.” During the sessions, delegates focused on how R2P applies to non-state actors, vulnerable communities and the unique challenges faced by women in conflict situations. Representatives were briefed by a number of UN and civil society experts, including Ms. Rita Izsák, UN Special Rapporteur on Minority Issues and Ms. Saudatu Mahdi, the Bring Back Our Girls campaign leader in Nigeria.

Since September 2010, 49 countries, representing every region of world, have appointed a national R2P Focal Point, including most recently: Angola, Guinea, Jordan, Portugal, Qatar and Sierra Leone. For more information on the Global Network of R2P Focal Points please visit our webpage.
Opening of the Fifth Meeting of the Global Network of R2P Focal Points on 23 June in Madrid, Spain. 

10. R2P Monitor and International Response Timelines

Since February the Global Centre released Issues 20- 22 of the R2P Monitor, a bimonthly bulletin which applies an R2P lens to situations where mass atrocity crimes are occurring or are at risk of occurring. These issues analyzed the situations in Syria, Iraq, Sudan, South Sudan, Nigeria, Burundi, Democratic Republic of the Congo, Central African Republic, Burma/Myanmar, Libya, Pakistan and Yemen.

The R2P Monitor can be downloaded from our R2P Monitor webpage. Monthly updates are also available on our Populations at Risk webpage.

The Global Centre also regularly updates its International Response Timelines on the situations in Burma/Myanmar, Central African Republic, Democratic Republic of the Congo, South Kordofan and Blue Nile States, South Sudan and Syria.

Public outreach:

1. Informal NGO Roundtable Discussion with United States Under-Secretary of State Sarah Sewall

On 12 February the Global Centre and the Unites States Department of State organized an informal roundtable discussion with Under-Secretary of State for Civilian Security, Democracy, and Human Rights and the State Department’s Representative to the Atrocities Prevention Board, Ms. Sarah Sewall. The discussion brought together representatives from many non-governmental organizations to discuss how the United States can work with other countries and the UN to prevent mass atrocities.

2. Roundtable Policy Discussion at the National Security College of Australian National University

On 2 March Dr. Simon Adams spoke at a roundtable discussion at the National Security College at the Australian National University in Canberra, Australia. The discussion centered on the principles of R2P and the current status of the UN Security Council regarding current crisis situations.

3. Can the International Criminal Court Deter Atrocities?

On 10 March the International Peace Institute, together with the Permanent Mission Liechtenstein, convened a panel discussion entitled “Can the International Criminal Court Deter Atrocities?” Following a presentation by Dr. Beth Simmons of Harvard University, Dr. Simon Adams spoke on the panel, alongside H.E. Mr. Hardeep Singh Puri, former Permanent Representative of India to the UN and Mr. Ken Roth, Executive Director of Human Rights Watch.

4. The Future of Responsibility to Protect: Responsibility While Protecting and Implementation Mechanisms

On 9 and 10 April the Global Policy Institute of Colombia University and the International Relations Research Center of the University of Sao Paolo held a conference on the future of R2P. Dr. Simon Adams moderated a panel discussion on operationalizing R2P, which examined a range of mechanisms for atrocity prevention and civilian protection.

5. Rights for Peace: Challenges and Opportunities

Dr. Simon Adams and Ms. Savita Pawnday represented the Global Centre at the “Rights for Peace: Challenges and Opportunities” conference hosted by the Ministry of Foreign Affairs of Slovenia and the Bled Strategic Forum in Brdo, Slovenia on 21 and 22 April. Ret. Lt. Gen Roméo Dallaire, a Global Centre patron, was a keynote speaker at the conference.

6. NAFSA: Association of International Educators

Dr. Simon Adams participated in the 2015 Annual Conference of NAFSA between 27 and 29 May in Boston, USA. On 27 May Dr. Adams was the keynote speaker at the NAFSA President’s Dinner, where he gave a speech to 100 Presidents and Provosts of universities from around the world. Prior to the conference Dr. Adams published a commentary to introduce participants to Ishmael Beah, one of the plenary speakers, entitled “War, Education, and International Justice: Ishmael Beah’s Journey from Child Soldier to Activist Storyteller.”

7. Meeting of the Latin American Network for Genocide and Mass Atrocity Prevention

Ms. Nadira Khudayberdieva represented the Global Centre at the Meeting of the Latin American Network for Genocide and Mass Atrocity Prevention held in Santiago, Chile, on 29 May. The meeting was organized by the Ministry of Foreign Affairs of Chile and the UN, together with the Auschwitz Institute for Peace and Reconciliation and The Stanley Foundation.

8. Salzburg Global Seminar: Symposium on North Korea

From 2 to 7 June Ms. Casey Karr, a Global Centre Research Analyst, attended the Salzburg Global Seminar for a Symposium on International Responses to Crimes Against Humanity: The Challenge of North Korea. The invitation-only symposium, held in Salzburg, Austria, was convened to discuss practical ways by which state and non-state actors, might realistically aim to help improve the human rights situation in North Korea.

Recent Global Centre Publications:

  1. 20 February, North Korea and the Responsibility to Protect (updated).
  2. 9 March, Summary of the Protection of Civilians in Armed Conflict UN Security Council Debate, 31 January 2015.
  3. 9 March, Persecution of the Rohingya in Burma/Myanmar and the Responsibility to Protect (updated).
  4. 15 March, 4 Years, 4 Vetoes, 220,000 dead: Statement on the Fourth Anniversary of the Syria Conflict.
  5. 17 April, Statement on 40th Anniversary of the Khmer Rouge’s Atrocities in Cambodia.
  6. 29 May, Statement on International Day of UN Peacekeepers.
  7. 29 June, Statement on the Fifth Annual Meeting of the Global Network of R2P Focal Points.
  8. 17 July, UNA-UK, Global Centre for the Responsibility to Protect and Protection Approaches, Joint Statement on UK House of Lords Debate on the Responsibility to Protect.

Global Centre in the Media:

Staff Articles in the Media

  1. “The Responsibility to Protect at 10,” commentary by Dr. Simon Adams in E-International Relations, 29 March 2015.
  2. “New Zealand, ANZAC & the UN Security Council,” commentary by Dr. Simon Adams in Scoop Media, New Zealand, 13 April 2015.
  3. “The Responsibility to Protect: 10 Years On,” commentary co-authored by Dr. Simon Adams, Kirsty Duncan, Malte Brosig, Vesselin Popovski and Megan Schmidt  in Open Canada, 8 May 2015.

Staff Quoted in the Media

  1. Dr. Simon Adams quoted in “Veto Costs Lives as Syrian Civil War Passes Deadly Milestone,” Inter Press Service News, 17 March 2015.
  2. Ryan X. D’Souza quoted in “UN moves closer to pulling peacekeepers from troubled Darfur,” Associated Press, 17 March 2015.
  3. Dr. Simon Adams quoted in “UN chided as Syrian civil war enters fifth year,” Newsweek, 17 March 2015.
  4. Evan Cinq-Mars quoted in “Central African Republic Peace Deal Meaningless, Groups Say,” Bloomberg, 9 April 2015.
  5. The Global Centre quoted in “Global Centre for the Responsibility to Protect urges governments to commemorate Armenia’s tragedy by recognizing the crime,” Aysor, 28 April 2015.
  6. The Global Centre quoted in “What now for Burundi? Five key risks,”IRIN, 14 May 2015.
  7. Ryan D’Souza quoted in “Already Facing Famine, South Sudan Expels UN Humanitarian Coordinator,” Vice News, 1 June 2015.
  8. Since February, Dr. Simon Adams has been interviewed regularly on BBC and Al Jazeera regarding the situation in Burundi. He has also been interviewed on TV ARD, ARD Radio and Televista regarding Syria and other crisis situations, including general topics related to the Global Centre’s work with the UN Security Council. Additionally, Research Analyst, Evan Cinq-Mars has been interviewed on Al Jazeera English on the evolving situation in the Central African Republic.
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Malaysia’s Trafficking in Persons Report Ranking is Upgraded, While Thailand Remains on the Worst Offender List

By Christine Khamis

Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia —

Malaysia has been upgraded to the Tier 2 Watch List on the U.S. State Department’s yearly Trafficking in Persons Report ranking. This means that the United States no longer considers Malaysia one of the worst offenders when it comes to human trafficking. Thailand, on the other hand, is ranked among the worst offenders.

Countries are placed in one of four tiers on the Trafficking in Persons Report. Tier 1 includes countries that fully comply with the United States’ Trafficking Victims Protection Act (TVPA). Tier 2 includes countries that do not fully comply with the TVPA, but who are making significant efforts to comply. The Tier 2 Watch List includes countries who do not fully comply and still have negative indicators, yet who are are making significant efforts to comply. Tier 3 includes countries who do not fully comply and are not making significant efforts to do so.

Thailand remains in Tier 3, the lowest ranking group, for a second consecutive year. Only two other countries from the Asia region, North Korea and the Marshall Islands, were placed in Tier 3. In part, Thailand was downgraded from the Tier 2 Watch list in last year’s report because of labor abuses in its fishing industry. There is also a U.S. State Department Rule that countries have to be either upgraded or downgraded after two years on the Tier 2 Watch list.

Both Malaysia and Thailand have been internationally criticized this year for their trafficking of Rohingya and Bangladeshi migrants on overcrowded ships. Human traffickers transported the migrants,then leaft thousands stranded at sea with meager supplies.

Graves of Rohingya and Bangladeshi migrants were also found about two months ago in abandoned camps on both sides of the Thai-Malaysian border, along with pens that appear to have been used as cages for the migrants.

One of the many migrant graves found in Thailand

The Thai Minister of Foreign Affairs has released a statement that Thailand’s ranking is not an accurate portrayal of the efforts Thailand has made to decrease human trafficking. For instance, Thai state prosecutors brought charges against more than 100 people last week who have been suspected of trafficking migrants.

Lawmakers and human rights groups have criticized Malaysia’s upgrade, claiming that Malaysia was upgraded from Tier 3 to the Tier 2 Watch List for politicized reasons. They believe that the upgrade is politicized because it enables Malaysia to be a participating country in the Asia-Pacific trade agreement, the Trans Pacific Partnership (TPP). In June, the United States Congress approved legislation that limits President Obama’s ability to make free trade agreements with Tier 3 countries.

To counter those claims, Sarah Sewall, the U.S. Under Secretary of State for Civilian Security, Democracy and Human Rights has stated that Malaysia has made the effort to reform its trafficking victim protection system as well as to increase the number of investigations and prosecutions connected to human trafficking. However, convictions of human traffickers have decreased in Malaysia. Ms. Sewall denies that Malaysia’s upgrade was politicized.

Human rights groups assert that Malaysia has not sufficiently improved its handling of human trafficking issues to justify its upgrade from a Tier 3 country. They also claim that Malaysia’s upgrade diminishes the reliability of the Trafficking of Persons report.

 

For more information, please see:

CNN – Who’s Fighting Human Trafficking? U.S. Releases Rankings – 28 July 2015

Associated Press – Malaysia, Cuba Taken off U.S. Human Trafficking Blacklist – 27 July 2015

New York Times – Key Shift on Malaysia Before Trans-Pacific Partnership Deal – 27 July 2015

Reuters – U.S. Softens View of Malaysia, Cuba in Human Trafficking Report – 27 July 2015

 

Press Release: Global Magnitsky Act Receives Unanimous Approval from the Senate Foreign Relations Committee

For Immediate Distribution

 30 July 2015 – Yesterday, in a landmark vote, the U.S. Senate Foreign Relations Committee unanimously approved “The Global Magnitsky Human Rights Accountability Act,” paving the way for its approval for a full vote in the Senate. The Global Magnitsky Act extends the concept of personalised sanctions on kleptocrats and human rights violators around the world, giving hope to victims from any country where those abuses occurred.

“Sergei Magnitsky‘s epic battle against evil, his faith in the law, and his ultimate sacrifice continue to empower and inspire lawmakers around the world to take concrete action and create real consequences for human rights abusers“, said William Browder, leader of the Magnitsky Justice campaign.

The new legislation is authored by U.S. Senator Ben Cardin (D-MD), Ranking Member of the Senate Foreign Relations Committee, who in 2010 together with Senator John McCain initiated the “Sergei Magnitsky Rule of Law Accountability Act,” an innovative 21-century piece of legislation that for the first time has provided redress and a meaningful way to deter impunity for corruption and human rights abuses in Russia.

The Russia-specific Magnitsky bill became law in December 2012. Over 30 persons have been included on the public sanctions list since. Persons included on the sanctions list are publicly named on the federal register, prohibited from obtaining U.S. visas and subject to a freeze on all their U.S. assets and bank accounts.

The Global Magnitsky bill authorises the President to create similar consequences for persons involved in corruption, extrajudicial killings, torture and other human rights violations from all countries around the world.

“This is an important step in a long road of targeting human rights abusers and corrupt individuals around the globe who threaten the rule of law and deny human rights or fundamental freedoms,”said Senator Cardin.

The bill authorizes the Secretary of State and the Secretary of the Treasury to report annually to Congress regarding actions taken against human rights abusers. In determining the sanctions list, the President must consider requests made by the Chairperson and Ranking Member of one of a number of congressional committee.

For more information, please contact:

Magnitsky Justice Campaign

+44 2074401777

info@lawandorderinrussia.org

See also the US Senate Foreign Relations Committee press release on the passing of the Global Magnitsky Bill:

http://www.foreign.senate.gov/press/ranking/release/cardin-legislation-the-global-magnitsky-human-rights-accountability-act-approved-by-senate-foreign-relations-committee

 

“Bookkeeper of Auschwitz” Sentenced for Nazi Killings

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

BERLIN, Germany–

A German court sentenced Oskar Gröening, a 94-year-old former guard at Auschwitz concentration camp, to four years in prison on July 15th on 300,000 accounts of accessory to murder from May to July 1944. A judge in the city of Luenenburg convicted the “Bookkeeper of Auschwitz” for his role in collecting and cataloguing money and the belongings of Jewish prisoners as they entered the camp. Gröening’s trial is expected to be one of the last trials of surviving Nazis for their atrocities in the camps.

Oskar Gröening, 94, was convicted of 300,000 accounts of accessory to murder for collecting and recording the belongings of Jewish prisoners at Auschwitz-Birkenau concentration camp from May-July 1944.

Due to Gröening’s age, it is unclear how he will serve his sentence. However, his age was a factor in determining the length of his sentence, as the judge stated “he must still have the chance to spend part of his life in freedom after serving imprisonment.” The four years exceeds the three-and-a-half year sentence wanted by the prosecution.

Although Gröening did not dispute the charges against him, he admitted “moral guilt” for the murders that took place at the camp. He stated his belief that he was a “cog” in a Nazi killing machine, but was not directly responsible for the mass murders that took place. During testimony, Gröening commented, “Auschwitz was a place where you could not simply take part. I agree with that. I sincerely regret that I did not recognize that earlier. I am truly sorry.”

Throughout the trial, Gröening was brutally honest about the horrors he witnessed during his tenure at Auschwitz. He detailed how prison guards decided which prisoners would be killed immediately and which would be selected for work. During the two month period Gröening was convicted for, at least 137 cattle car trains rolled through Auschwitz. Of the 425,000 people that those trains carried, Gröning said 300,000 were immediately chosen for the gas chambers.

The 2011 conviction of concentration camp guard John Demjanjuk as an accessory to mass murder allowed German prosecutors to seek out charges against other former Nazis. Previously, a prison guard had to be convicted of a specific murder in order to be considered for charges. With the conviction of Demjanjuk, the pathway for more Nazi convictions opened, and allowed German prosecutors to seek charges against former officials even if a crime against a specific individual could not be proved. Gröening had faced similar charges in 1985, but the case was dropped due to a lack of evidence.

For more information, please see–

CBS– Auschwitz “accountant” jailed over Nazi killings— 15 July 2015

The Guardian– Former Auschwitz guard Oskar Gröening jailed over mass murder— 15 July 2015

Newsweek–Former Auschwitz Guard Convicted of 300,000 Counts of Accessory to Murder— 15 July 2015

USA Today– Ex-Auschwitz guard, 94, is sentenced to prison— 15 July 2015

Wall Street Journal– Former Auschwitz Guard Oskar Gröning Convicted on 300,000 Counts of Accessory to Murder— 15 July 2015

Washington Post– “Accountant of Auschwitz” sentenced to four years in prison for 300,000 deaths— 15 July 2015

 

 

 

Syria Justice and Accountability Centre: Accountability for Crimes in Syria- Lessons Learned from the Field of International Justice

July29, 2015

A Step towards justice report

A Step Towards Justice Report by SJAC

On May 12, the Syria Justice and Accountability Centre (SJAC) hosted a panel to launch a report entitled “A Step Towards Justice: Current Accountability Options for Crimes under International Law Committed in Syria.” One of the panelists, Jennifer Trahan from New York University’s Center for Global Affairs, wrote a full conference paperoutlining her arguments, which can be found in SJAC’s Transitional Justice Library. The following is a summary of the nine points from Trahan’s panel presentation and conference paper.

1. All sides of a conflict must be prosecuted.

A future tribunal in Syria cannot have jurisdiction only over “ISIS” or “Assad regime” crimes. The Special Court for Sierra Leone, for example, increased its legitimacy when it prosecuted perpetrators from all three key warring factions from the Sierra Leone Civil War. Hybrid tribunals are not inherently one-sided, and it is the international community’s responsibility to ensure that the mechanism prosecutes all key perpetrators.

2. We have to start somewhere.

I agree with the SJAC report that a Syria tribunal may be years away. For now, there are pockets of jurisdiction that need to be utilized, including the ICC which has limited jurisdiction over “foreign fighters” who are from countries that are State Parties to the Rome Statute. Here I disagree somewhat with the SJAC report. I think it would make a powerful statement for the ICC to prosecute foreign fighters. Even lower ranking perpetrators could trigger the court’s gravity threshold.

3. Do not wait for peace to pursue accountability.

The SJAC report states “it is urgent to pursue some form of justice prior to the end of the conflict.” If one waits until all the crimes are over before attempting to pursue justice, then there is no possibility of deterrence. While it is indeed hard to prove that international justice causes deterrence, the international community can only use the tools that it has at its disposal.

 4. The appearance of fairness takes priority.

The Iraqi High Tribunal (IHT) provides many lessons on why impartiality is vital. The IHT’s appearance of fairness was undermined due to shortcuts in due process and political interference, but it was the incorporation of the death penalty into the IHT Statute that led Europeans to discontinue their cooperation with the IHT. This was not the kind of internationalized approach one would like to see, and it also gave the optics that the US, the only country left providing assistance, was in a position to control these trials. Although the vast majority of Iraqis were in support of the death penalty, this issue ultimately undermined what the IHT otherwise could have accomplished.

5. Imperfect justice may be better than no justice.

Here, my remarks are again somewhat different from the conclusions in the SJAC report. The negotiations for the Extraordinary Chambers in the Courts of Cambodia (ECCC) were very lengthy and there was always concern that the resulting tribunal would be susceptible to manipulation by the Cambodian government. It may have been imperfect, but had the international community insisted on a perfect ECCC, there likely would have been no accountability for the approximately 2 million victims.

6. Mass atrocity crimes must be addressed with a multi-tiered solution.

The ICC has limited capacity and would not be sufficient to prosecute all the perpetrators in Syria. The same is true for an ad hoc or hybrid tribunal. And, at the national level, Syrian courts will need increased capacity to adjudicate war crimes. The solution, ultimately, as the SJAC report points out, should eventually include a multi-tiered approach that includes truth commissions, reparations, memorialization, vetting, and security sector reforms.

7. Projecting oncoming accountability is important for deterrence.

In recent years, the ICC Prosecutor has travelled to both Kenya and Guinea to announce that anyone who incites violence will be subject to an ICC investigation. The ICC Prosecutor should also put out a robust message that she is continuously watching and assessing the situation in Syria because it is important for the international community to let it be known that prosecutions can and will occur. It is through these kinds of actions that one hopes deterrence may occur.

8. Justice must not be bargained away at the negotiating table.

In the event of peace negotiations for Syria, as were attempted previously in Montreux, Switzerland, they must leave open the possibility for accountability to occur. Ideally, there would be a clear commitment to prosecutions. Second best, would be to ensure that future accountability is not foreclosed.

9. We need optimism to stay the course.

For years, it was unclear whether Radovan Karadžić and Ratko Mladić, as well as other ICTY indictees, would end up in The Hague. And yet they did. The SJAC report presents a number of reasons why hybrids or the ICC could not work. Yes, tribunals come at a high price, but doing nothing has a higher cost. When one has lofty goals, one must also have optimism

Conclusion

While prosecution is always second-best to preventing the crimes in the first place, the field of international justice has come too far for the horrific atrocity crimes being perpetrated in Syria today not to warrant a robust response from the international community.  Every state owes a responsibility to ensure this happens.

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