ICTJ: Boko Haram and the Lessons of the LRA

By ICTJ President David Tolbert

On January 10, a particularly atrocious terrorist attack was mounted in a bustling market in the northern Nigerian town of Maiduguri: a ten-year-old girl detonated an explosive device hidden beneath her dress, killing 16 people and injuring dozens of others. The child bomber – who, witnesses claim, was unaware that she was carrying explosives at all – was sent by the militant Islamist group Boko Haram.

The next day, a similar attack was carried out in the Nigerian town of Potiskum by two ten-year-old girls with explosives strapped to their bodies. These attacks came just days after reports started trickling in of what may be Boko Haram’s deadliest terrorist attack yet: the massacre of up to 2,000 people in the town of Baga.

These were not isolated attacks. In fact, Boko Haram’s campaign of terror began long ago. The group gained global attention last year, when it abducted 276 girls from a school in Chibok; but the girls remain unrecovered, and now the “Bring Back Our Girls” campaign is all but forgotten. Estimates of the number of people Boko Haram has killed since 2009 range from 4,000 (according to international human-rights groups) to 13,000 (according to the Nigerian government).

The danger that Boko Haram poses cannot be overestimated. The group increasingly resembles the Lord’s Resistance Army (LRA), which wreaked havoc in northern Uganda and South Sudan for decades. Like the LRA, Boko Haram represents a serious threat to regional stability. It already controls large parts of Borno province, which borders Niger, Chad, and Cameroon, and its offensive has now spilled into Cameroon, where it recently attacked a military base.

There are other parallels between the two groups, including the targeting of children. The LRA has abducted boys and girls as young as seven to be used as soldiers and sex slaves. The LRA’s recipe for child recruitment has many ingredients, but central to their twisted method is forcing children to kill members of their own family and community in gruesome ways, making it less likely they will ever be able to return home again.

Despite clear evidence of massive human rights violations, the Ugandan government and the international community were slow to respond to the LRA threat.

LRA Leader Joseph Kony and his three top commanders have been wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity since 2005. But it was only after the controversial internet campaign called “Kony 2012” made him the world’s most-wanted fugitive, raising the political stakes for Uganda and the region, that the United States sent some 200 troops to help an African Union force hunt down Kony. Three years later, he is still on the run.

And yet, the international community’s response to Boko Haram’s atrocities seems to be as slow and erratic as it was to the LRA. Absorbed in the attack against Charlie Hebdo journalists in Paris, it took days for the international community to even condemn the mass killing in Baga. Nigerian president Goodluck Johnathan sent condolences to Paris days before he publically reacted to the massacre of his own citizens. It seems no lessons were learned from the experience with the LRA.

A failure to act is both wrong and dangerous. One can rightly be concerned that political factors can get in the way of strong action to prevent further killings and to ensure accountability for the abuses committed thus far by Boko Haram. Indeed, Nigeria is an important source of oil and raw materials, with growing economic importance to the West, as well as to China, India, and other major emerging countries. Competing for lucrative contracts, global powers have in the past seemed inclined not to offend the Nigerian government by drawing attention to its inability to protect its citizens or to ensure accountability for atrocities.

But ignoring Boko Haram will only enable it to commit more atrocities. The failure to act in this case maybe another example of the international community averting its gaze from African suffering, as it has so often done in the past, most notably in Rwanda in 1994.

The ICC Prosecutor took an important step on 20 January by warning Nigeria’s government of its obligation to prosecute Boko Haram leaders for crimes that “deeply shock the conscience of the world”. While these are welcome words, the ICC should also issue a definitive timeline for Nigerian authorities to demonstrate convincingly their commitment and, perhaps more relevant, their capacity to investigate Boko Haram’s atrocities effectively. An ICC mission to the places affected by the group’s attacks would be needed to determine whether progress has been made; if Nigeria does not make sufficient progress, the ICC prosecutor should issue a proprio motu decision to open an independent investigation.

A clear course of action is required if perpetrators of Boko Haram’s atrocities are to be brought to justice sooner than it took to see Dominic Ongwen, one of the LRA’s top commanders, give himself up nine years after the ICC indicted him.

Boko Haram cannot be allowed to continue its campaign of terror, violence, and death in Nigeria and beyond. The Nigerian government and the international community must demonstrate that lessons have been learned from the case of the LRA, and act now to protect lives and ensure accountability of perpetrators.

A version of this op-ed appeared on Project Syndicate on January 31, 2015, here

SJAC Event: Examining Syrian Perspectives on Local Ceasefires and Reconciliation Initiatives

Thursday, February 19, 2015

12:00 – 1:30 PM 

School of Advanced International Studies, Johns Hopkins University
Rome Building Auditorium
1619 Massachusetts Avenue NW, Washington, DC 20036

RSVP Here

Children Walk on the Streets of Damascus (Lens Young Dimashqi, 2014)

The Syria Justice and Accountability Center (SJAC) and the Conflict Management Program at the Johns Hopkins University School of Advanced International Studies (SAIS) invite you to attend the launch of a new report detailing Syrian perspectives on locally-based conflict resolution initiatives, “Maybe We Can Reach a Solution:” Syrian Perspectives on the Conflict and Local Initiatives for Peace, Justice, and Reconciliation. An accompanying panel discussion will highlight the opinions of ordinary Syrians regarding locally-brokered ceasefire and reconciliation efforts. Copies of “Maybe We Can Reach a Solution” will be available for attendees upon conclusion of the event.

Lunch will be provided at 11:45 AM

Speakers:
Daniel Serwer
Senior Research Professor of Conflict Management
School of Advanced International Studies, Johns Hopkins University

Joseph Bahout
Visiting Scholar, Middle East Program
Carnegie Endowment for International Peace

Mohammad Al Abdallah
Executive Director
Syria Justice and Accountability Centre

Craig Charney
President
Charney Research

Moderator:
Ellen Laipson
President and CEO
The Stimson Center

RSVP Here

 

Supreme Court Stays Execution of Texas Inmate To Address Constitutionality of Prison Sentence

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON, D.C., – United States of America – On Thursday 5 February 2015, the United States Supreme Court put a hold on the execution by Texas of convicted murderer Lester Bower. The Court says that it will hear Bower’s full appeal including his assertion that the U.S. Constitution’s ban on cruel and unusual punishment has been violated by his more than 30-year stay on death row. According to Bower’s court filings he has faced imminent execution on six different occasions.

Texas Death Row Inmate, Lester Bower, awaits the Supreme Court’s ruling on his appeal (Photo Courtesy of Reuters).

Bower, 67, was sentenced to death for the murders of four men in 1983. The killings took place at an airplane hangar on a Grayson County ranch about 60 miles north of Dallas. During the trial the prosecution stated that Bower killed Bob Tate in order to steal an ultralight plane that Tate was attempting to sell, when three other men unexpectedly showed up at the hangar Bower killed them as well. The victims included a county sheriff’s deputy and a former police officer.

Bower, one of the longest-serving prisoners on death row in Texas, was schedules to be executed on 10 February. However, he asked for the Supreme Court to consider his appeal, which is currently pending. The next time the nine justices are scheduled to meet to discuss potential new cases is 20 February. The justices have no reason for their ruling, stating only that if they deny his appeal the reprieve will be lifted.

Bower’s case raises a different issue than the Supreme Court agreed to hear last month concerning an Oklahoma execution. That case involved whether Oklahoma State Correctional Department’s use of the drug Midazolam, as part of its lethal injection procedures, constitutes cruel and unusual punishment. However, the 4th Circuit U.S. Court of Appeals has recently heard another claim involving the constitutionality of the death penalty. Texas death row inmate, Scott Panetti, who was scheduled to be executed, asked the court to review the constitutionality of whether a state can execute someone who is severely mentally ill. The Court of Appeals has stayed his execution, pending the appeal.

 

For more information, please see the following:

CNN – Court Orders Texas Killer’s Execution Postponed – 3 Dec. 2014.

HUFFINGTON POST – Supreme Court Halts Texas Execution of Convicted Killer Lester Bower – 5 Feb. 2015.

REUTERS – U.S. Supreme Court Halts Texas Execution of Convicted Killer – 5 Feb. 2015.

TOLEDO BLADE – Supreme Court Gives Reprieve To Texas Inmate Facing Execution Next Week For Killing 4 – 5 Feb. 2014.

Warrants Issued, Executive Step Downs and Brazil $262 Billion Dollars Poorer with Petrobras Scandal

By Delisa Morris

Impunity Watch Reporter, South America

BRASILIA, Brazil — The warrant compelling Brazil’s ruling Worker’s Party’s treasurer to testify was just one of 62 arrest, search and other legal orders police issued Thursday in the investigation into an enormous kickback scheme at the state-run oil company Petrobras.

BP – Petrobras / Image courtesy of Forbes.com

Treasurer Joao Vaccari Neto, was one of the people implicated by a former Petrobras director who was arrested last year, was order to testify about his knowledge of the scheme.

“We want to obtain information regarding donations he requested, legal, or illegal, involving people who had contracts with Petrobras,” federal prosecutor Carlos Lima stated at a news conference.

Vaccari arrived at federal police headquarters in Sao Paulo to be questioned, shortly after the conference.

Brazillian prosecutors have noted that the kickback scheme involved at least $800 million in bribes and other illegal funds.  Some of that money was funneled to the campaign funds of the Workers’ Party and other allies, often described as legal corporate donations.

The federal prosecutors have said they’ve recorded about $170 million involved in the scheme and more than 230 businesses of all sizes are being investigated for their participation in the scheme.  According to the prosecutors 86 people so far are facing charges, including several top executives from Brazil’s main construction and engineering firms who have already been jailed.

The prosecutors are also expected this month to announce charges against more than a dozen politicians, mostly congress members, in connection the the case.

The warrants came just one day after Petrobras CEO, Maria das Gracas Foster, the chief executive handpicked in 2012 by Brazilian President Dilma Rousseff, and five top directors resigned from the company.  The departures were announced Wednesday morning with a succinct, one-sentence statement posted on the company website, a quick let down after days of rumors surrounding the resignations.

The statement noted that the executives would be replaced on Friday.

Furthermore Thursday, Eduardo Cunha president of the lower house Chamber of Deputies approved the creation of a congressional panel to investigate the kickback scheme.  Specifically, the panel will investigate the “practice of illicit acts and irregularities at Petrobras between 2005 and 2015,” Congress’ website said.

Petrobras is a sad story for its investors worth $310 billion at its peak in 2008, a valuation that made it the world’s fifth-largest company, is just worth $48 billion today.

For more information, please see:

ABC News – Warrants Issued in Brazil’s Petrobras Corruption Scandal – 5 Feb. 2015

NY Times – Petrobras Executives Quit Amid Scandal – 4 Feb. 2015

St. Louis Post-Dispatch – Petrobras, $262 billion poorer, exposes busted Brazil dream – 5 Feb. 2015

the guardian – Oil giant boss quits as Brazil corruption scandal puts pressure on president – 4 Feb. 2015

Syria Deeply: With Global Attention on ISIS, Regime Barrel Bombs Pound Syrian Civilians

Syria Deeply

“The barrel bombs are continuing and indeed they are the principal reason why civilians are dying in Syria today. “

With global attention focused on the fight against jihadi groups like the Islamic State (ISIS), the Syrian regime has continued its use of barrel bomb attacks on civilians.

In an address to the U.N. Security Council last week, Kyung-wha Kang, the United Nations deputy emergency relief coordinator, once again accused the Syrian regime of “using explosive barrel bombings against civilians in Syria.” It came in spite of a resolution calling for an end to the indiscriminate employment of weapons.

“Barrel bombs, crudely made drums of explosives dropped from helicopters, are so imprecise that the Syrian air force doesn’t dare drop them near the front line for fear of hitting its own troops,” Ken Roth, executive director of Human Rights Watch, told Syria Deeply.

“If we could stop the barrel bomb, it’s hard to think of anything else that would make a greater difference in stopping the slaughter of civilians and destruction of civilian institutions in civilian areas,” he added.

Roth spoke to Syria Deeply about the devastating effect barrel bombs are having on the civilian population in Syria.

Syria Deeply: You’ve tracked the use of barrel bombs, and prior to that the use of missiles on civilian areas. What’s the state of play now?

Roth: The barrel bombs are continuing and indeed they are the principal reason why civilians are dying in Syria today. Everybody is focused on ISIS. ISIS is terrible, civilians are suffering under ISIS, but if you stand back and say, what is the principal tool being used to slaughter civilians? It’s the barrel bomb. Initially, governments don’t really want to talk about this, because they are so focused on ISIS and don’t want to do anything that would undermine the Assad government’s ability to hang on and theoretically fight back against ISIS. People don’t seem to recognize that the barrel bomb is not a military weapon. It is so imprecise that the Syrian air force doesn’t dare drop it near the front line for fear of hitting its own troops.

Barrel bombs, for those who don’t know, are typically an oil drum or some large canister filled with explosives and metal fragments that serve as shrapnel. It is dumped from a helicopter hovering at a very high altitude to avoid anti-aircraft fire. From that altitude, it can’t be aimed with any precision whatsoever – it can simply be dumped into a neighborhood, and it is neighborhoods that barrel bombs are dumped on because of the need to stay away from the front line. If you ask what is enabling the pro-regime forces to hold on, it’s now the barrel bomb.

It is a terror and an anti-civilian tool. Part of Assad’s strategy is to make life as miserable as possible for the civilians living in opposition-held areas. It’s designed to kill many and terrify the rest so they will flee and gradually depopulate the area, to make it harder for the rebels to hang on.

Syria Deeply: What’s the size and scope of the problem?

Roth: If you talk to Syrians, the things that they fear the most are the barrel bombs. You hear stories of people who move their families closer to the front line (meaning they are braving snipers and artillery) because they feel safer there, where the barrel bombs won’t be dropped. Barrel bombs are hitting hospitals, schools and various civilian institutions in opposition-held areas of Aleppo and other areas. If we could stop the barrel bomb, it’s hard to think of anything else that would make a greater difference in stopping the slaughter of civilians and destruction of civilian institutions in civilian areas.

Syria Deeply: What’s the advantage to the regime of using these particular forms of weaponry in this particular conflict?

Roth: This goes back to the beginning. Assad from the start chose not to fight this war under the Geneva Convention, which in essence dictates that you only shoot at the other side’s combatants, and you do everything you can to minimize harm to civilians. He threw those rules out the window. He has been fighting a war strategy of war crimes aimed in large part at the civilian population. The barrel bombs, used for a good year now or longer, are just the latest, cruelest, largest manifestation of this strategy.

Syria Deeply: What’s your hope for the pressure that can be applied to induce behavior change in the regime when it comes to the use of barrel bombs?

Roth: What I’ve found in discussions with Western governments, Russian officials and even Iranian officials … for various reasons they don’t want to restrict the military weapons available to the Syrian government. The major Western governments are focused at this stage on fighting ISIS, and Russia and Iran are focused on bolstering Assad. None of them have an immediate interest in stopping the barrel bombs. I’ve had to explain the lack of military relevance of this weapon. When they hear that, then they are willing to step back. I’ve received some positive response from both Moscow and Tehran on this point.

In terms of Western governments, they are afraid of the barrel bomb issue for a separate issue – they don’t want to take on the broader issue of the Syrian government’s use of conventional weapons to attack civilians. Having come close to the brink of military involvement via the chemical weapons issue, and having been focused on other issues with Russia and Iran, the West simply hasn’t wanted to bring this up. There is no avoiding the fact that Ukraine is the top issue in Moscow, and potential nuclear weapons is the top issue in Tehran, but there should be bandwidth to take on the barrel bomb issue as well. Especially since Russia and Iran shouldn’t have any interest in the barrel bomb attacks continuing – they aren’t necessary to the Assad regime’s survival.

I’m guardedly optimistic that if we can highlight the devestation being caused by the barrel bombs and the lack of military utility, we can make a difference. One factor with the West is that so far they are pursuing only a military strategy against ISIS. To some extent they are trying to stop the flow of arms, weapons and personnel to ISIS, but they aren’t really taking on the ideological appeal of ISIS – part of it is religious and the idea of a caliphate, but a big part of it is that ISIS can represent itself as the only force that is effectively trying to stop the Assad regime’s slaughter of civilians. The West shouldn’t be giving that argument to ISIS. There have to be ways to address the barrel bombs – Assad’s primary tool for killing civilians. It’s the right thing to do in humanitarian terms, but it is also important to help undercut ISIS’s ideological appeal.

Syria Deeply: The U.N. has called for an end of the use of barrel bombs. What would it take to create actual accountability and enforce change?

Roth: The U.N. Security Council has talked about barrel bombs in generic terms. It hasn’t made any efforts to follow up on that broad language with concrete pressure on Damascus to stop. We need to go beyond ritualistic condemnation and upholding of the Geneva Conventions, and focus on pressure on Damascus to stop. We’ve seen that when serious pressure is applied, they do stop. It’s time for that pressure to be applied to stop the barrel bombs.