International Center for Transitional Justic: In Focus

War Crimes Prosecution Watch Volume 9 – Issue 14 October 06, 2014

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Mali

EUROPE

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

  • Washington Post: U.S. General on Training Syrian Rebels: ‘We Have to Do It Right, Not Fast’
  • Washington Post: Islamic State Militants Switching Up Tactics After Airstrikes, General Says
  • Reuters: Prosecutors Call Karadzic ‘Driving Force’ Behind Bosnian Genocide
  • New York Times: Mending Alliance, U.S. and Afghanistan Sign Long-Term Security Agreement
  • Bloomberg: Al-Qaeda Spokesman’s U.S. Plea Deal Approved by Judge
  • Washington Post: White House: Israel Faces Estrangement from Allies If Settlement Building Proceeds

South & Central America

Colombia

  • Colombia Reports: Partial Colombia Peace Deals Release to Avert ‘Opposition Rumors’

Ecuador

  • Efe: 60 Convicted for Role in 2010 Uprising in Ecuador

Guatemala

  • Associated Press: Guatemala Ex-Police on Trial in 1980 Embassy Fire

Mexico

  • Los Angeles Times: CMass-killing Prosecution Will Test Mexican President Peña Nieto

TOPICS

Piracy

  • The Maritime Executive: Fight Piracy Intelligently
  • CNBC: The Link Between Illegal Fishing and Piracy
  • Bakken: Black Gold Buccaneers: Is Nigeria’s Failing Amnesty Causing Rise in Oil Piracy?
  • The Indian Republic: India Lacks Clear, Unambiguous Mechanism for Prosecution of Pirates: Ranjit Sinha
  • BBC World News: Somali Pirates in Deadly Clashes Over Ransom

Gender-Based Violence

  • International Federation of Gynecology and Obstetrics: Prosecutor: FGM Getting Riskier in Kenya
  • International Federation of Gynecology and Obstetrics: UK Opens First FGM Clinic
  • International Federation of Gynecology and Obstetrics: Iraqi Kurdistan ‘Against FGM’
  • All Africa: Rwanda: Prosecution. Experts Discuss Handling GBV Evidence in Courts

REPORTS

UN Reports

  • Scoop World Independent News: Tamils to Rally against Sri Lankan President
  • McClatchy DC: Israeli Probes into Possible Gaza War Crimes Draw Criticism
  • The National: In War-Crime Trials, the Issue of Jurisdiction is Paramount
  • Sahara Reports: Nigerian Anti-Corruption Coalition Wants Modu Sheriff And General Ihejirika To Face International Criminal Court For Sponsoring Boko Haram
  • UN News Centre: International Criminal Court Opens Second Probe into Central African Republic Violence
  • Reuters: Sri Lanka President Uses U.N. Speech to Assail War Crimes Probe
  • GlobalPost: U.N. Body Demands to Probe War Crimes in Nepal
  • U-T San Diego: UN Rights Body to Share Syria War Crimes Evidence
  • TASS Russian News Agency: Joint Probe by UN, CE, OSCE into War Crimes in Donetsk Urged by Russia’s Civic Chamber
  • Firstpost: Twenty-Two Countries Back Sri Lanka against UN Probe into War Crimes

NGO Reports

  • Amnesty International: China’s Trade in Tools of Torture and Repression

TRUTH AND RECONCILIATION COMMISSIONS

Sri Lanka

Brazil

Nepal

 

Hong Kong Protest Ebbs and Turns into Stalemate

By Hojin Choi

Impunity Watch Reporter, Asia

HONG KONG, China – Monday morning was the deadline that Hong Kong authorities gave to the pro-democracy protesters to clear streets. The number of protesters has dwindled down to a few hundred, and they allowed government workers back to return to their offices after a weeklong occupation of the streets. The workers went to the government complex through a small path that student protesters created.

Even though the protesters have not fully accepted the city’s request to disperse, as they let the government officials back in the building, the police force is trying not to provoke the protesters by keeping a distance.

The situation in Hong Kong seems to be turning into a stalemate. The student leaders of the protesters have different opinions about whether or not they will continue the protest. However, it appears that they at least agreed to strategically arrange the group, allowing the civil servants to enter the government buildings.

Some protesters have remained on the streets, defying the deadline. These protesters have said that they will not disperse unless the government makes a meaningful change and accepts their demands: promoting democracy in Hong Kong.

 

A protester sleeping in front of barricades (Getty Images)

Schools in Hong Kong also re-opened on Monday. They had been closed since September 29, but students and teachers have resumed their work and study. Interestingly, elementary schools decided to remain closed for safety reasons. During the protest week, 30 to 40 bank branches in Hong Kong had closed, but now the number has been reduced to about seven.

According to the protest organizers, there was a conversation between the protest leaders and the government representatives on Sunday, but they failed to reach an agreement. They decided to continue their talks on Monday hoping to have a conversation with mutual respect.A protester sleeping in front of barricades (Getty Images)

Lester Shum, the Deputy Secretary General for the Students’ Federation, said that the dialogue must be ongoing and the student leaders must be treated equally. He added that actual political reforms in Hong Kong must be derived from the conversation. Those are the conditions for continuing to talk with the government.

The main requests of the protesters are resignation of current Hong Kong Chief Executive, Leung Chun-ying, and a democratic election to be held in 2017. Previously, Beijing announced it would appoint only pro-Beijing candidates for the election. Beijing worried about spreading the demand of democracy over to Mainland China since it is also facing similar issues in Tibet and Xinjiang. The Chinese government declared the protest in Hong Kong illegal, but left resolution of the issue to the discretion of the Hong Kong government.

For more information, please see:

The Washington Post – As authorities’ deadline passes, Hong Kong protest turns into stalemate – 5 October 2014

Reuters – WRAPUP 3-Hong Kong democracy protests fade, face test of stamina – 6 October 2014

The Washington Post – Hong Kong protests appear to be headed into a smaller but durable holding pattern – 6 October 2014

The Guardian – Hong Kong protest numbers dwindle as exhaustion sets in – 6 October 2014

Amidst Drug Trafficking Investigation Peruvian Governors Re-Elected

By Delisa Morris

Impunity Watch Reporter, South America

LIMA, Peru — The unofficial count of election ballots from Peru Monday evening shows at least two gubernatorial candidates under investigation for drug trafficking related crimes have won their elections.  An additional two face run-offs, after a nationwide vote for mayors, governors and municipal councils.  While many on the outside are shocked at the outcome, others are not.

Peruvian man votes. From livinginperu.com

Hundreds of candidates suspected of ties to drug trafficking were on the ballot Sunday in what authorities called the Andean nation’s most violent campaign since 2000.

The Ipsos Apoyo polling firm compiled unofficial results of the election.  According to their tally the winners included Manuel Gambini, a former coca grower in the Amazon state of Ucayali.  Gambini is known for promoting the planting of Cocoa beans and other alternative crops, in place of the crop that produces cocaine.  A clean image that earned him praise from the U.S. and a trip to Miami to showcase his efforts.

However, this past August a judicial order launched an investigation of Gambini, detailing that he amassed a fortune and extensive land holdings, which would have been unlikely funded by his salary as mayor.  Gambini vehemently denies the allegations saying they are lies pitted against him by his competitors.

Also victorious was Gilmer Horna in the northern state of Amazonas.  The owner of a chain of chicken restaurants, he is under investigation for possible money laundering.

One of every three Peruvian voters lives in a region where candidates were investigation, on trial or previously convicted of drug-related crimes. Peru’s state attorney for drug enforcement, Sona Medina, said her office had identified 700 such candidates.

Electoral authorities reported more than 100 incidents of election-day violence, including the destruction of ballot boxes, temporary seizures of polling stations, threats to elections officials and destruction of vehicles.

“We haven’t had situations of this magnitude in Peru for some time,” said Gerardo Tavara, secretary general of the citizen watchdog group Transparencia.  “Hit men are being hired to assassinate candidates” he said.

Two mayoral candidates were slain in gangland-style killings during the campaign, both in cocaine-trafficking corridors, and on Friday, two police officers were shot and killed in an ambush blamed on drug-funded rebels in the Apurimac and Ene river valley, the world’s top cocaine-producing region.

Peruvian law allows convicted criminals to run for office as long as they have been rehabilitated by court order. More than 1,300 candidates convicted of crimes — including rape and graft — were on Sunday’s ballot, and two governors jailed under preventative detention pending possible corruption trials were re-elected, according to unofficial results.

This election day boasted 30 deaths from car accidents.  Mostly from people attempting to navigate Peru’s mountainous terrain.  In Peru voting is mandatory, if a citizen does not vote they can be subject to fines.

Official electoral results remained incomplete Monday.

For more information please see:

Sky News.com.au – Thirty Killed in Peru Election Day Accidents – 6 Oct. 2014

ABC News – 2 Peru Governor Candidates Win Despite Drug Probes – 6 Oct. 2014

Fox News – In No.1 Cocaine-Producer Peru, Narco Candidates are Tainting Nationwide Elections – 4 Oct. 2014

SBS News – 30 Killed in Peru Election Day Accidents – 6 Oct. 2014

President Uhuru Kenyatta to appear at ICC in The Hague

By Kathryn Maureen Ryan
Managing Editor, Impunity Watch

NAIROBI, Kenya – Kenyan President Uhuru Kenyatta has confirmed he will be appearing at a hearing at the International Criminal Court in The Hague this week. The hearing, which is to be held on 8 October, is expected to set a date for his trial on charges of organizing ethnic massacres that killed 1,200 people and left more than 600,000 people displaced after the 2007 elections. President Kenyatta denies the charges, during an address to the nation he said “I wish to reiterate here for all that my conscience is clear, has been clear and will remain forever clear that I am innocent of all the accusations that have been leveled against me.” The International Criminal Court had President Kenyatta to appear to explain allegations that evidence against him had been withheld. In September, the court postponed the trial after prosecutors said that the Kenyan government had failed to deliver key documents. Witnesses for the prosecution have also withdrawn from the case.

Kenyan President Uhuru Kenyatta will be temporarily stepping down as president invoking a never before used provision of the Kenyan constitution. (Photo courtesy of BBC News)

Kenyatta gave an address to the nation before parliament informing the public that he would invoke an article of the Kenyan constitution that will allow his deputy William Ruto to temporarily assume the role as president. “To protect the sovereignty of the Kenyan republic, I now take the extraordinary and unprecedented step of evoking article 1473 of the constitution and I will shortly issue the legal notice necessary to appoint honorable William Ruto, the deputy president, as acting president while I attend the status conference at The Hague in the Netherlands.” The article, which until now has never been evoked in Kenyan History, says that the deputy can assume the duties of the president when the president is absent, temporarily incapacitated or during any other period the president decides.

Kenyatta is essentially using this loophole in the Kenyan constitution as a way of fulfilling the International Criminal Court’s order that he attend Wednesday’s hearing before the ICC but avoiding becoming the first sitting president to sit before the court. Because of this constitutional provision he will be appearing before the court as a private citizen, without giving up the ability to resume his passion as President of Kenya.

There had been doubts about whether President Kenyatta, who had been to the International Criminal Court before assuming office in 2013, would become the first sitting president to attend the court. Although he will now be appearing before the court as a private citizen dozens of Kenyan Members of parliament are expected to travel to The Hague in support of President Kenyatta.

For more information please see:

BBC News – Uhuru Kenyatta will appear at ICC in The Hague – 6 October 2014

The Guardian – Kenyan president Uhuru Kenyatta to step down from office to attend ICC – 6 October 2014

Irish Independent – Kenyatta to take presidency break – 6 October 2014

BBC News – ICC hearing: Kenya MPs ‘to back Uhuru Kenyatta at Hague’ – 3 October 2014