The Robert H. Jackson Center- Industrialized Killing: Accountability and Justice for Syria

An Interview with the Speaker

Industrialized Killing: Accountability and Justice for Syria

July 21, 2015

Chautauqua Institution will host David M. Crane, Robert H. Jackson Center Board Chair and the former Chief Prosecutor for Special Court for Sierra Leone David Crane,  for a lecture on industrialized killing and the Syrian Crisis. The Lecture will take place Tuesday July 21st, 2015 3:30 p.m. at the Hall of Christ, Chautauqua Institution.

David M. Crane, former Chief Prosecutor for the Special Court for Sierra Leone (2002-2005) has worked to gain and provide support to Syria. In conjunction with Syracuse University College of Law students, Crane heads the Syrian Accountability Project (SAP). Crane and SAP work with several international organizations to provide impartial analysis of open source materials. The goal of these collaborations is to fairly prosecute President al-Assad, his subordinates, and members of the Syrian Opposition for war crimes, crimes against humanity, and violations of the Syrian Penal Law.

Having David Crane on the Board at the Jackson Center has been a tremendous success.  So, we wanted to gain some insight into what his lecture might entail.  Below are introductory questions concerning Crane’s upcoming lecture “Industrialized Killing: Accountability and Justice for Syria”

FREE SYRIAN ARMY SOLDIER WALKING AMONG RUBBLE IN ALEPPO DURING THE SYRIAN CIVIL WAR, 2012
CREDIT: VOICE OF AMERICA NEWS: SCOTT BOBB REPORTS FROM ALEPPO, SYRIA

 

Q: Why did you decide to title your lecture “Industrialized Killing”?

A: To raise awareness of the horror that is taking place in Syria. 

 

 

Q: What first interested you in finding justice for Syria?

A: The beast of impunity must be faced down wherever it raises its ugly head.  This is the 21st Century…mankind cannot turn its head and look away.

 

 

Q: What in your career led you to believe you could do something for the Syrian people?

A: As the founding Chief Prosecutor of the Special Court for Sierra Leone I developed a unique expertise to create a justice mechanism for oppressed peoples.

 

 

Q: How did you arrive at the idea for the Syrian Accountability Project (SAP) at SU Law?

A: Initially a seminar the project grew into an internationally recognized justice organization based on the techniques we used in successfully prosecuting a head of state and the leadership of the warring factions in West Africa.

 

 

Q: What are your goals for SAP?

A: Our goals are to develop a trial package for a future local, regional or international prosecutor to use in seeking justice for the Syrian people.

 

 

Q: How or where do you envision judicial action for Syria?  How can we avoid westernized justice once a Court is established?

A: Be aware that a justice mechanism is for and about the victims…the people of Syria.

 

 

Q: How do you think the IS problem affects the likelihood of justice in Syria?

A: The IS phenomenon complicates the entire process and may even permanently derail a justice mechanism, but that should not stop of us from our project.

 

 

Q: Does IS change the likelihood of President Assad stepping down?

A: I don’t see President Assad stepping down.  He may survive this.

 

 

Q: Do you have an opinion on the White House’s shift from demanding Assad’s removal to appeasing the Russians, focusing on IS, and stepping away from the Syrian Civil War for the time being?

A: The reality now is that Syria has become a sideshow in a larger geopolitical event and the administration has to deal with what is not what they would like it to be.

 

 

Q: Should the US be heavily involved in bringing the Syrian Conflict to a close, should the effort be global, or should the region be tasked with solving the issue?

A: The US is and has to be involved in this even though it is a reluctant participant.  The EU and the Arab States have to step up as well.

Lawmakers Demand Full Report Following State Department Human Trafficking Decision

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — U.S. lawmakers expressed concern Tuesday about whether the State Department’s annual global report on human trafficking may have been watered down due to political considerations and vowed to demand a full accounting at a Senate hearing this week. Last week, the U.S. State Department gave Malaysia, Cuba and Saudi Arabia upgrades from the lowest tier in its annual report on modern slavery.

A Malaysian Man Stands in a Suspected Rohingyan Burial Pit. (Photo Courtesy of Bloomberg)

The State Department denied that the country-by-country ratings in the latest report had been politicized.

A Reuters examination, based on interviews with more than a dozen sources in Washington and foreign capitals, showed that the State Department was pressured into inflating assessments of 14 countries in this year’s report. Analysts in the anti-trafficking office disagreed with U.S. diplomatic bureaus on ratings for 17 countries, the sources said.

The annual report examines 188 governments for their performance in the previous year in fighting exploitation, whether for sex, domestic labor, or work — from construction and fishing to farming and mining. Saudi Arabia, Cuba, and Malaysia were moved from Tier Three to Tier Two on the U.S. list of offenders because of their efforts to improve, according to the annual report on human trafficking.

The analysts, who are specialists in assessing efforts to combat modern slavery, won only three of those disputes, the worst ratio in the 15-year history of the unit. Among the countries that received higher rankings than recommended by the Office to Monitor and Combat Trafficking in Persons were Malaysia, Cuba, China, India, Uzbekistan and Mexico.

Human rights groups called for an investigation into why strategically important countries such as Malaysia, China, Mexico and Cuba were upgraded from the list of worst offenders in human trafficking.

With regard to Cuba, US Under Secretary of State for Civilian Security, Democracy, and Human Rights Sarah Sewall said Cuba had made progress in combating sex trafficking. But she said concerns remained over the country’s failures to address forced labor.

“The Government of Cuba does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.” reads the report. The report uses the same language for its assessment of Malaysia.

The US also decided to remove Malaysia from the list of countries failing to address human trafficking, a decision criticized by human rights groups. Critics have noted the importance of Malaysia’s participation in the Trans-Pacific Partnership as a possible political factor which may have had influence over the State Department’s decision.

Senator Robert Menendez (D-NJ) and 18 Senate colleagues wrote Secretary of State John Kerry this month opposing an upgrade in ranking.

“The administration has turned its back on the victims of trafficking, turned a blind eye to the facts, and ignored the calls from Congress, leading human rights advocates, and Malaysian government officials to preserve the integrity of this important report,” Menendez said in an e-mailed statement Monday. “They have elevated politics over the most basic principles of human rights.”

For more information, please see:

Reuters — Lawmakers to demand full accounting on human trafficking report – 4 August 2015

BBC News — Cuba removed from US human trafficking list – 27 July 2015

Bloomberg — U.S. Upgrades Malaysia, Cuba in Human Trafficking Report – 27 July 2015

Politico — U.S.-Cuba relations get another upgrade – 27 July 2015

USA Today — Malaysia, Cuba upgraded on human trafficking report – 27 July 2015

Washington Post — U.S. drops Cuba and Malaysia from human trafficking blacklist – 27 July 2015

Myanmar Pardons and Releases Nearly 7,000 Prisoners, Including Chinese Loggers

By Christine Khamis

Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar—

 Myanmarese president Thein Sein has pardoned and released 6,966 prisoners, including 210 foreign prisoners. A statement on Myanmar’s information ministry website said that the prisoners were being released on humanitarian grounds and “in view of national reconciliation”.

Around 155 Chinese loggers, who had been detained just last week, were among those released. Most of them, arrested on suspicion of illegal logging in Kachin State in Northern Myanmar, had been given life sentences. The loggers have been deported back to China following their release, according to U Mong Gwang, a liason officer at the Kachin Independence Organization.

A freed Chinese logger. (Photo courtesy of Reuters)

Kachin State borders China’s Yunnan Province and has rich natural resources including jade and wood. Jade and wood are in high demand in China, and Chinese citizens are able to cross the border from Yunnan Province to Kachin State to take advantage of those resources. This has led to resentment in Myanmar and could have been one explanation for the life sentences given to the Chinese loggers.

China is a close economic and political ally of Myanmar. Myanmar’s ties with China are important for its trade, security, and energy programs. Recently, however, there has been tension between the nations due to conflict between Myanmar’s army and a rebel militia that has resulted in the deaths of Chinese citizens living near the China-Myanmar border. China had also protested against the loggers’ prison sentences and called for Myanmar to return them to China.

President Thein Sein was elected in 2010 when military-backed civilian government replaced military rule in Myanmar. During military rule, more than 2,000 journalists, activists and politicians were imprisoned, leading to Western sanctions against Myanmar. Those sanctions were lessened once civilian rule was established. Government reform has led to a series of amnesties in which most political prisoners held in Myanmar have been released.

A general election coming up in November could be one of the underlying reasons for the prisoners’ release. Also, U Bo Kyi of the Assistance Association for Political Prisoners has pointed out that the prisoners’ release occurred just days before Yanghee Lee, the United Nations’ Special Rapporteur on Myanmar, was scheduled to visit. As the Special Rapporteur on Myanmar, Yanghee Lee reports on human rights and electoral reform in Myanmar.

It is unclear whether pro-democracy activists were among the prisoners released in Myanmar. Most of the prisoners released in Myanmarese amnesties have been common criminals. There are no official lists of released prisoners, so any names of those released are generally disclosed by the prisoners or their families.

For more information, please see:

BBC – Myanmar Frees 6,966 Prisoners Ahead of Polls – 30 July 2015

New York Times – Myanmar Frees Loggers From China Amid a Broader Amnesty – 30 July 2015

Reuters – Political Prisoners, Chinese Loggers Among Thousands Freed in Myanmar Amnesty – 30 July 2015

The Guardian – Chinese Loggers Among 7,000 Prisoners Released in Burma – 30 July 2015

United Nations Office of the High Commissioner of Human Rights – Special Rapporteur on the Situation of Human Rights in Myanmar