Syria Justice and Accountability Centre: US Issues First Apology for Syrian Civilian Deaths

US Issues First Apology for Syrian Civilian Deaths

Photo Credit: US Central Command Youtube Channel

US airstrikes on Hasakah, Syria 2015.                                       Photo Credit: US Central Command Youtube Channel

 

On May 21, the United States Central Command (CentCom) issued a statement admitting that two Syrian children died as a result of US airstrikes which targeted the Khorasan Group, an Al-Qaeda affiliate, near Aleppo last November. Six months of investigations resulted in US CentCom’s public apology, with Lieutenant General James Terry stating, “We regret the unintentional loss of lives.”

The acknowledgement of civilian casualties was the first since the United States began its campaign against the Islamic State of Iraq and al-Sham (ISIS) and other militant groups in August 2014. Lieutenant General Terry’s statement set an important precedent for the aerial operations in Syria, but his impersonal message came so late after the airstrikes that the impact has largely been lost on the local population.

During World War II, the US government passed theForeign Claims Act, which allowed non-US citizens to request compensation for damages caused by U.S. military personnel. Although the law is only applicable in situations where damage occurred outside the battlefield, CentCom has historically issued apologies and condolence payments (also known as solatia) for injuries that occurred during combat dating back to the Vietnam War. The tradition of condolence payments continued during the wars in Afghanistan and Iraq when the US Department of Defense developed the Money As A Weapons System (MAAWS). Condolence payments are minimal (a maximum of $2,500 in Iraq), and the US military makes clear that the token compensation does not serve as an admission of legal liability. Rather, the US military regards the apology and accompanying compensation as a way to sympathize with victims and repair ties with the local community.

Modern warfare, however, has introduced the use of drones, whereby foreign troops are not physically present in the country and, therefore, are disconnected from local communities. In Syria, Pakistan, and Yemen, for example, the United States has conducted aerial operations that have resulted in direct harm to civilians, but the military has not extended the solatia program to these countries. Evenapologies are rare. Thus, although Lieutenant General Terry’s public apology did not accompany a condolence payment to the families of the two child victims, it set an interesting precedent that can and should be followed for the rest of the 131 civilian deaths, 42 of whom have been children, resulting from coalition airstrikes in Syria.

Under the transitional justice framework, public apologies are a symbolic form of reparations intended to provide the victims with closure or healing. Simply recognizing the harm goes a long way towards building local support and trust within the community and redressing the affected population. This has long-term benefits in contributing to peace-building within the society because it lessens the desire for revenge attacks. However, a public apology is only one type of transitional justice tool and should be not viewed as full redress to the victims and their families. In addition, public apologies can be too public — thus, impersonal — and may not even reach the families or communities that were affected. A public apology accompanied by a private letter or visit to the victim to personally provide an explanation and compensation is more likely to bring closure to victims and positively impact their ability to move forward.

Public apologies and compensation also need to be transparent and timely in order to have a meaningful impact. If there is confusion about why certain injuries result in apologies or why property damage is compensated equal to loss of life, then victims will not feel like their grievances are actually being addressed. Moreover, CentCom’s recent investigation and public apology came six months after the incident occurred, decreasing its impact as a form of recognition for harm done. In a 2007 interview, General David Petraeus explained the importance of timing, “The quicker you can do it, the more responsive you can seem to be. And of course the more concerned you are, the more valuable it is…”

Nonetheless, CentCom’s public apology provides a small measure of accountability and sets an example for the coalition to follow for the investigation and recognition of all other civilian casualties. Credible documentation groupscan contribute valuable information to these investigations and speed up the process by which militaries respond to civilian deaths. And while CentCom’s apology is an important first step for the coalition forces, it is still a long way from addressing the long-standing grievances of Syrians and the need for a holistic transitional justice process that can respond to violations committed by all parties to the conflict.

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

Obama Authorizes Deployment of 450 Troops to Iraq

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

WASHINGTON, D.C., United States of America — President Obama on Wednesday ordered up to 450 additional U.S. troops to Iraq to train and assist beleaguered Iraqi security forces in the war against Islamic State militants, escalating the U.S. involvement in the battle against the Sunni extremists. The United States is also sending weapons to local Sunni and Shia tribes, as well as the Kurdish Peshmerga fighters who are operating under Iraqi command, in order to fight the Islamic State in Iraq and Syria.

Iraqi Soldiers Engaged with Enemy Combatants (Photo Courtesy of BBC News)

It is unclear at this time how long the advisers will remain in Iraq, or whether additional advisers could be called for in the future.

The troops will be deployed to the Taqaddum military base in Anbar province. The move is aimed at enabling more Iraqis, mostly Sunni tribal volunteers, to integrate into the Iraq Army and reclaim territory from Islamic State in Iraq and Syria.

In a statement Wednesday, the White House said that the U.S. advisers will not serve in a combat role. The new deployment brings the number of U.S. military personnel in Iraq to about 3,550. The troops will advise and assist Iraqi soldiers at a base in eastern Anbar province, a stronghold of Islamic extremists.

With the addition of the advisers to the Taqaddum military base, U.S. advisers will be training Iraqi troops in five locations inside the country. The U.S. so far has trained more than 9,000 Iraqi troops, with another 3,000 currently in training.

However, former Iraqi national security adviser Mowaffak al-Rubaie stated the new plans were not enough. “This is too little too late. I call for the American administration to get their act together.” he added. “They don’t have any unified strategy. We don’t understand their policy in Iraq and in Syria, in the region. They are giving conflicting signs.”

Since eruptions began in the contested regions of Syria and Iraq, the Obama Administration has come under fire for what many have considered a lack of strategy and understanding of the conflict. Joint Chiefs of Staff Chairman Gen. Martin Dempsey spoke on Tuesday in Jerusalem regarding the President’s recent efforts.

“President Obama has asked us to look at whether there are other locations where we might establish training sites and develop Iraqi leaders,” Dempsey said. According to Dempsey, Obama has asked military brass to “take a look at what we’ve learned over the last eight from its programs and make recommendations to him on whether there are capabilities that we may want to provide to the Iraqis to make them more capable.”

At this time, however, President Obama continues to resist demands for combat troops, and no such plans are in place to put combat troops in Iraq or Syria.

For more information, please see:

BBC News — President Obama to boost army trainers in Iraq — 10 June 2015

Bloomberg — Obama Sending 450 Military Trainers to Base in Iraq’s Anbar — 10 June 2015

CBS News — Obama to send 450 more U.S. troops to Iraq — 10 June 2015

CNN — White House authorizes up to 450 additional troops in Iraq — 10 June 2015

LA Times — White House orders up to 450 more military advisors to Iraq — 10 June 2015

 

In Argentina, 200,000 say “not one less”

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina — Over 200,000 people took part in demonstrations outside of the National Congress in Buenos Aires on Wednesday 4 June to protest violence against women. Smaller protests also occurred in 80 other cities around the country. Demonstrations were also held in neighboring Chile and Uruguay.

Over 200,000 surrounded the National Congress to protest femicide. (Photo Courtesy of PanAm Post)

Demonstrators carried banners and badges bearing the slogan, “Ni una menos”, which means, “not one less.” Others wore t-shirts in support of the movement.

The demonstrations were organized by journalists, writers and artists following the news of the murder of Chiara Páez, a pregnant 14 year old by her 16 year old boyfriend. He allegedly beat her to death after learning she was pregnant.

Chiara’s death is only the latest in a string of instances of violence against women. In April, a kindergarten teacher (who had separated from her husband and had a restraining order against him) was killed when her husband stormed into her classroom and slit her throat in front of a group of children.

Another woman was shot by her estranged partner a mere two days before the demonstrations. She remains in serious condition.

Femicide – the killing of a woman by a man where her gender plays a role in the crime – is a growing issue in Argentina. Over 250 femicides have occurred each year since 2010. Activists have reported that a woman is killed in Argentina every 31 hours – culminating in over 1,800 deaths since 2008.

Many are calling for a change in culture to curb the violence, including Argentinian lawmaker Gabriela Alegre: “The current situation shows that legislation and prison sentences are not enough. We have to confront the problem by changing the culture and educating people.”

That attitude was echoed by La Casa del Encuentro, an NGO which provides counseling for abused women in Argentina. Head Fabiana Tunez spoke of “a society that is sick with machista attitudes where the woman continues to be seen as a thing to be dominated.”

The problem isn’t restricted to Argentina. Statistics suggest that over five women are killed in instances of domestic violence per day in Mexico, and as many as 15 per day are killed in Brazil.

Although Argentina has taken some steps towards curbing the issue, activists urge that it hasn’t been enough. The National Congress passed legislation in 2009 to prevent violence against women, and in 2012 passed laws initiating harsher sentences for femicide. However, despite these efforts cases of violence against women have still increased.

 

For more information please see:

AFP – Brutal murders show violence women face in Latin America – 2 June 2015

BBC – Argentine marches condemns domestic violence – 4 June 2015

Buenos Aires Herald – #NiUnaMenos: a deafening cry sweeps country – 4 June 2015

International Business Times – 200,000 rally against femicide and domestic violence in Buenos Aires – 4 June 2015

PanAm Post – Mass Protests Call Out Argentina’s Femicide Problem – 4 June 2015

The Independent – Thousands takes part in mass demonstrations to condemn violence against women – 4 June 2015

 

 

Press Release: Russian Government Continues to Eliminate Evidence in the Magnitsky Case by Destroying Video Recordings of Magnitsky’s Last Hours in Detention

Russian Government Continues to Eliminate Evidence in the Magnitsky Case by Destroying Video Recordings of Magnitsky’s Last Hours in Detention

5 June 2015 – The Russian authorities have told Sergei Magnitsky’s mother that they have destroyed the video recordings of Sergei Magnitsky’s last hours before his killing in Matrosskaya Tishina detention center.

In correspondence with Sergei Magnitsky’s mother, General Major V.Alyshev, Deputy Head of the Russian Investigative Committee’s Main Investigative Department, has confirmed the Russian authorities have destroyed the video records from Matrosskaya Tishina.

“Video recordings from video surveillance cameras …have not been seized due to objective reasons– due to the expiry of the period of storage on the disc,” said General Major of the Russian Investigative Committee V. Alyshev.

Sergei Magnitsky was transferred to Matrosskaya Tishina detention center at 6:30 pm of 16 November 2009. Less than three hours later he was found dead with signs of bodily injuries in the isolation cell. The official Russian investigation into his death found that he died from a heart problem and that he had caused his own injuries.

An independent domestic investigation by the Moscow Public Oversight Commission concluded Sergei Magnitsky was kept in detention in torturous conditions, that civilian doctors were not allowed by detention center officials to enter his cell for an hour and eighteen minutes before his death, while a team of eight detention center officers restrained him and beat him. Immediately after Magnitsky’s death, detention center officials showed some video footage of Sergei Magnitsky to members of the Moscow Public Oversight Commission. However, video recordings from Matrosskaya Tishina have been absent from the Magnitsky’s death case investigation file.

In response to the request from Magnitsky family about the whereabouts of the video footage from Matrosskaya Tishina, the Russian Investigative Committee reported that the recording has been destroyed:

“[Video recording] is automatically deleted from the hard drive after 30 days, and new information is recorded in its place,” General Major Alyshev has informed Magnitsky’s mother.

“It is consistent with the overall cover-up of Sergei Magnitsky’s murder that the key video evidence from the crime scene was not preserved. An investigation should be opened into those who allowed the destruction of the videos,” said a representative of Justice for Sergei Magnitsky campaign.

 

For more information, please contact:

 Magnitsky Justice Campaign

+44 2074401777

e-mail: info@lawandorderinrussia.org

website: www.lawandorderinrussia.org