Atrocity Accountability in Syria: What Criminal Investigations Have Uncovered
International Criminal Justice Today
ABA ICC Project
Thursday Apr 16, 2015
On April 14, 2015, the American Bar Association (ABA) Center for Human Rights and its International Criminal Court Project hosted a closed-door meeting of experts entitled “Atrocity Accountability in Syria: What Criminal Investigations Have Uncovered”, which featured a distinguished panel including Ambassador Stephen J. Rapp, U.S. Ambassador-at-Large for Global Criminal Justice, Professor Larry D. Johnson, Professor of Law at Columbia Law School and former U.N. Assistant Secretary-General for Legal Affairs, Dr. William Wiley, Executive Director of the Commission for International Justice and Accountability (CIJA), and Chris Engels, Head of Regime Crimes Team for CIJA. Senior Counsel of the ABA Center for Human Rights and the Director of the ABA’s ICC Project, Kip Hale, moderated the discussion.
The event focused on the atrocity crimes investigations conducted by CIJA in Syria, specifically investigations of widespread detention centers crimes committed by Assad regime officials throughout Syria. The panelists’ remarks covered such issues such as the need for contemporaneous criminal investigations during the commission of atrocities, CIJA’s model and mandate, the results of CIJA’s investigations, and how all of this may impact policy on Syria. An informative and engaging discussion followed between the panelists and the assembled experts from the US government, policy think tanks, human rights and rule of law organizations, diplomats, and other members of civil society.
Hundreds Feared Dead After Migrant Boat Capsizes
By Kyle Herda
Impunity Watch Reporter, Europe
ROME, Italy – A boat leaving Libya with around 700 migrants has capsized in the Mediterranean south of the Italian coast. So far only 28 survivors have been pulled from the water, along with 24 bodies; the rest are still missing with hundreds presumed dead.
The boat was 20 meters long and capsized 70 miles north of Libya. A Portuguese ship was directed by Italian authorities to go save the migrant ship after those aboard sent out a distress signal. When the Portuguese vessel neared the migrant ship, a large number of those aboard rushed to the side of the boat facing the Portuguese ship and their boat capsized. Four days earlier, another migrant boat capsized off the Libyan coast leaving 400 dead in addition to the 144 that had to be rescued. On April 6, 7 drowned near Turkey after a boat containing 29 Syrian and Iraqi refugees. Over 900 migrants have already died this year in the Mediterranean attempting, with some days requiring up to 20 migrants boats and 8,000 migrants in need of help.
French President Hollande and Human Rights Watch both called on the European Union to help in the rescue more, claiming that these deaths are preventable. Pope Francis also called on the EU to take action “decisively and quickly to stop these tragedies from recurring.” The EU in return is organizing to prepare a European Migration Strategy to be adopted by mid-May. Italian Prime Minister Renzi focused the blame on human traffickers for using ships of such poor quality to send over migrants. The International Organization of Migration estimates 3,072 migrants drowned last year, following 700 from 2013.
While it appears that this instance involved a prompt response, EU’s foreign policy chief, Italian Federica Mogherini, says “Now is time for the European Union as such to tackle these tragedies without delay.” Pope Francis also demanded decisive and quick responses for those “looking for a better life.”
For more information, please see:
The New York Times – Hundreds Feared Dead After Boat Filled With Migrants Capsizes in Mediterranean – 19 April 2015
The New York Times – Hundreds Feared Dead After Boat Filled With Migrants Capsized in Mediterranean – 19 April 2015
CNN – ‘Genocide’ charged as boat capsizes in Mediterranean – 19 April 2015
Fox News – Migrant boat capsizes off Libya, 400 feared dead – 15 April 2015
Sunday’s Zaman – 7 drown as migrant boat capsizes near Datca – 6 April 2015
Historic Ruling Allows Canadian First Nations to Sue for Property Rights
By Kathryn Maureen Ryan
Impunity Watch, Managing Editor
OTTAWA, Canada – The British Colombia Court of Appeals in western Canada has ruled that two Canadian First Nations will be allowed to bring their property rights claims against Rio Tinto Alcan, a major Canadian mining corporation, to trial. The Saik’uz and Stellat’en First Nations are suing the company for nuisance and breach of riparian water rights with respect to the Kenney Dam and Alcan Reservoir. A lower court threw the case out of court, denying the First Nations their right to have their day in court, however the Court of Appeals decision will allow the case to move forward.
The Saik’uz and Stellat’en First Nations are located downstream of the company’s Kenney hydroelectric dam and reservoir. The First Nations’ case claims that the Alcan Corporation’s operations of its dam and reservoir, including the diversion of water from the Nechako River which has been occurring since the 1950’s, are causing significant impacts to the Nechako River which damages the aboriginal lands of the First nations and destroys the local fisheries and aboriginal rights and title of the two First Nations.
“We are very pleased with the court’s decision,” Saik’uz First Nation Chief Stan Thomas said in a statement. “We intend to pursue our action for an injunction to protect the Nechako River, our fisheries and our way of life.” The Stellat’en First Nation Chief Archie Patrick said the decision recognizes the that First Nations’ aboriginal title exists and that first nations are entitled to the same private law protections as any other individual land owner in Canada. “We are pleased that the Court of Appeal recognized that First Nations’ aboriginal title exists, prior to proof in court or treaties with government,” Chief Patrick said “Our Peoples are determined to continue to seek justice for our rights and the Nechako River.”
The First Nations’ lawyer, Gregory McDade, said the British Colombia Court of Appeal’s decision is significant ruling in aboriginal law; saying, “It recognizes that First Nations have existing legal rights that are subject to protection now, and that third party industrial interests must respect those rights.”
The decision could be a landmark ruling in Canadian Indigenous Law, the case recognizes that First Nation property rights exist, even where the First Nations do not hold title to the land, and acknowledges that claims regarding violations of those rights should be allowed to be heard in court. The case will likely open the door for claims against Canada’s Industrial giants including large forestry and mining corporations, including those profiting from the controversial practice of Oil Sands development which has caused pollution in Canada’s once pristine western rivers and ecosystems.
For more Information please see:
Canadian Broadcasting Corporation – B.C. First Nations Can Sue Over Property Rights, Court Rules – 16 April 2015
The Providence – Appeal Court: No Title? No Problem. Aboriginals Can Sue Over Territorial Claims – 16 April 2015
The Vancouver Observer – Court Rules First Nations Can Sue Over Property Rights – 16 April 2015
The Prince George Citizen – Appeals Court Breathes New Life into Lawsuit against Rio Tinto Alcan – 15 April 2015