Still Possible to Prosecute Syrian War Crimes Despite UN Veto

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

DAMASCUS, Syria – International prosecutors said on Tuesday that it is still possible to hold those reasonable for war crimes in Syria accountable despite the efforts by Russia and China to block any cases being referred to the international Criminal Court by the United Nations Security Council. Last month both Russia and China vetoed a U.N. Security Council resolution to refer the situation in Syria to the International Criminal Court for possible prosecution of war crimes and crimes against humanity committed by actors on both sides of the conflict.

A man carries a young girl who was injured in a reported barrel-bomb attack by regime forces on June 3, 2014 in Kallaseh district of Aleppo (Photo courtesy of New Republic)
A man carries a young girl who was injured in a reported barrel-bomb attack by regime forces on June 3, 2014 in Kallaseh district of Aleppo. (Photo courtesy of New Republic)

However, despite the veto it is still possible to prosecute those reasonable for war crimes and crimes against humanity in Syria. “Just because we have had one veto in the (UN) Security Council should not stop any of us from moving forward and seeking justice for the people of Syria,” said David Crane, the former Chief Prosecutor for the Special Court for Sierra Leone  who  prosecutor who indicted Liberian president Charles Taylor.

Syrian President Bashar al-Assad topped a list of 20 sample war crimes indictments of both government officials and rebels drafted by experts for eventual prosecution. The listed was given to the International Criminal Court (ICC). According to David Crane, now serving as the head of the Syria Accountability Project, this list cites specific violations of the Rome Statute for specific incidents under which a suspect could be charged.

Gerard Araud (C), France's UN representative; Professor David Crane (L), former Chief Prosecutor of the Special Court for Sierra Leone; and Dr. Stuart Hamilton, forensic pathologist, on April 15, 2014 at the UN in New York
Gerard Araud (Center), France’s UN representative; Professor David Crane (Left), and Dr. Stuart Hamilton, a forensic pathologist, Presenting on the Caesar Report on April 15, 2014 at the United in New York. (Photo Courtesy of News Republic)

Crane said the list, which was compiled by his expert group, includes both members of Syria’s military and political elite and rebel Islamist groups, the Islamic State in Iraq and the Levant (ISIS) and the al-Nusra Front. Crane told the Press; “we have about 20 indictments of those who bear the greatest responsibility. This is a neutral effort. We’re not just going after Assad and his henchman, we are actually documenting all incidents on both sides.” although he gave no names of individuals other than Syrian President Bashar al-Assad

Desmond Lorenz de Silva, another former chief prosecutor of the Special Court for Sierra Leone, told the press that prosecuting war crimes outside of the UN system could be possible because a number of special court, including the Nuremberg trials against suspected Nazi war criminals after World War II were created outside the UN system. He said; “it’s already been done. Justice will be done in this case.”

Both Crane and de Silva were among the legal experts behind the “Caesar Report” released earlier this year which contained about 55,000 photographs depicting the tortured and abused bodies of around 11,000 people who had been killed in Syria prions between 2011 and 2013. The report is a rare visual documentation showing some of the extent of horrific atrocities committed in Syria during the nation’s three year civil war.

“We rarely get this type of evidence, most of it is circumstantial,” Crane said of the 55,000 photographs of people killed by the regime, many of the horrific photos showed evidence of forced starvation and showed that many of the victims had their eyes gouged-out.

“Make no mistake about it, these photographs could not be faked. This takes responsibility for what happened up the ladder of responsibility. It is not an act of a maverick colonel or a mad major, this is government policy,” said Sir Desmond de Silva.

A separate team of United Nations investigators has produced four confidential lists of war crimes suspects on all sides of the Syrian civil war, but the investigators have so far declined to reveal any names.

For more information Please see:

Gulf Times – Assad Tops List Handed To ICC Of War Crime Suspects – 11 June 2014

India.com – Syrian President Bashar Al-Assad Tops List of Syria War Crimes Suspects Handed to ICC – 11 June 2014

News Republic – Possible to Prosecute Syria Crimes, Despite Veto: Prosecutors – 10 June 2014

Reuters – Assad Tops List of Syria War Crimes Suspects Handed to ICC: Former Prosecutor – 10 June 2014

Jailed Opposition Leader in Venezuela Ordered to Face Trial

by Mridula Tirumalasetti
Impunity Watch Reporter, South America

CARACAS, Venezuela—Leopoldo Lopez, the Harvard-educated politician, who is the leader of the Popular Will party in Venezuela, has been ordered to stand trial. Lopez has been in jail since February 18 for allegedly instigating violence, damaging property, and arson during an anti-governmental protest on February 12 where three people were killed. Lopez turned himself in after being accused of, by President Nicolas Maduro of the United Socialist Party and other ministers, planning these protests. Lopez, if convicted, faces up to 13 years in jail. The trial is supposed to start in August, according to Lopez’s lawyers.

Cardboard figure of Leopoldo Lopez, the jailed opposition leader (photo courtesy of BBC News).

The Popular Will party, a radical opposition group, seeks to force the resignation of Maduro. Demonstrations began in February over the escalating crime rates, and have continued on over the past few months. The main issues are the collapsing economy, shortages of certain food staples, and political corruption. At least 42 people have been killed since the February 12, the start of the unrest.

Human rights organizations, such as Human Rights Watch and Amnesty International, as well as some U.S. congressman have condemned and criticized the imprisonment of Lopez and the case against him. Amnesty International argued the charges Lopez faces are a “politically motivated attempt to silence dissent.”

Even Governor and former presidential candidate, Henrique Capriles, said “Thursday’s decision was brewing for some time.” He agrees that the imprisonment of Lopez is evidence of the deteriorating Venezuelan judicial system. Capriles added, “It’s just another barricade for justice.”

The Venezuelan government has also recently accused another opposition leader, Maria Corina Machado, of conspiring with U.S. officials to assassinate the president. Both Machado and U.S. officials have denied these allegations. U.S. officials argued these allegations to be the government’s distraction from the real issue of the Venezuelan economy.

U.S. congressional leaders have, however, drafted a bill that would impose sanctions that would specifically target the Venezuelan government officials who have been accused of human rights abuses. Although the bill was approved in the House of Representatives and is currently awaiting a decision from the Senate, members of the State Department are discouraged from using these sanctions because of the possibility of ending any negotiations between the government and the opposition. Talks between the opposition forces and the government are currently halted, as the opposition demands the release of all prisoners jailed during the protests.

For more information, please see:

Al Jazeera America–Venezuela opposition leader to remain jailed–5 June 2014

BBC News–Venezuela: Leopoldo Lopez must stand trial, judge rules–5 June 2014

The Wall Street Journal–Jailed Venezuela Opposition Leader to Face Trial in August–5 June 2014

The Guardian–Venezuela opposition leader remains in jail while awaiting trial–5 June 2014

25th Anniversary of China’s Tiananmen Square Protests

By Hojin Choi

Impunity Watch Reporter, Asia

 

BEIJING, China – June 4th marked the 25th anniversary of Tiananmen Square Protests, also known as the “89’ Democracy Movement” or “Tiananmen Square Massacre.” In 1989, student-led protesters, seeking political reform, occupied Tiananmen Square in Beijing for seven weeks and received broad support from city residents. They were forcibly suppressed by military troops with AK-47s and other assault weaponry, causing thousands of death and injuries. The death toll reflects estimates by various human rights groups, as the government has never released an official report.

On the eve of the 25th anniversary, Foreign Ministry spokesperson Lei Hong defended the 1989 crackdown saying it was the right path for the sake of the people.

“In the last three decades and more of reform and opening up, China’s enormous achievements in social and economic development have received worldwide attention. The building of democracy and the rule of law have continued to be perfected,” said Hong.

Hong elaborated that “in China, there are only law breakers . . . there are no so-called dissidents.”

The Washington Post reported that it was a “quiet day” with “no trace of remembrance” in Tiananmen Square.

Many young students said they have no memory of the event, and some others even appeared too afraid to respond. The government has “effectively quashed” the public memory.

As the 25th anniversary approached, the security around the square greatly increased. Police officers were stationed every hundred feet or so throughout the streets, and patrolled the square continuously. According to state media, government officials mobilized thousands of informants to lookout for any suspicious behavior. Foreign journalists were warned and directed away from the square, and passers-by were searched.

Tiananmen Square was tightly guarded on the 25th anniversary (Feng Li/Getty Images)

The internet also saw a surge in censorship. According to the Los Angeles Times, even messages including the number “25” were banned from social networking sites on the date of the anniversary. Creative internet-users instead referred to June 4th as “May 35.” As the anniversary approached, even words like “tomorrow” or “today” were banned.

Chinese news media largely ignored the anniversary; but foreign news media and governments gave due attention.

“Twenty-five years later, the United States continues to honor the memories of those who gave their lives in and around Tiananmen Square and throughout China, and we call on Chinese authorities to account for those killed, detained or missing in connection with the events surrounding June 4, 1989,” the White House announced. The United Nations’ High Commissioner for Human Rights, Navi Pillay, demandedthat China release the pro-democracy activists and dissidents who were recently detained prior to the anniversary. China’s Foreign Ministry responded, calling the statement “a grave intervention of China’s judicial sovereignty and internal affairs.”

In opposition to the silence in Beijing, tens of thousands of people gathered with candle lights for the commemoration in Hong Kong. The vigil organizer estimated the number of participants at 180,000 while the police estimated a more conservative 99,500.

The Victoria Park Candlelight Vigil has been held every year since 1989. In past years, the vigil was dominated by people ages 40 or older, who remember the event in 1989. But, the New York Times reported that the crowd seemed to be “visibly younger” than previous years.

The Candlelight Vigil in Hong Kong (Reuters)
The organizers expected the record number of participants gathering in Victoria Park in Hong Kong (Reuters)

 

 

For more information please see:

Los Angeles Times – Few visitors, heavy security as China marks Tiananmen Square anniversary – 4 June 2014

Los Angeles Times – Marking 25th anniversary of China’s Tiananmen Square takes creativity – 3 June 2014

BBC News – Beijing tense on Tiananmen massacre anniversary – 4 June 2014

The New York Times – Crowds Gather in Hong Kong for Anniversary of Tiananmen Crackdown – 4 June 2014

The Washington Post – In Tiananmen Square, no trace of remembrance on 25th anniversary of protests – 4 June 2014

Reuters – China defends Tiananmen crackdown on eve of 25th anniversary – 3 June 2014

Pope Francis Leads Israeli and Palestinian Leaders In a Peace Prayer At the Vatican

VATICAN CITY- In an effort to re-launch Middle East peace talks, Pope Francis invited Palestine president, Mahmoud Abbas and Israeli president, Shimon Peres to the Vatican for a prayer of peace.

The invitation took place just weeks after the U.S. sponsored peace negotiations collapsed.

The invitation comes at a time where animosity is mounting over a rising Palestinian unity government that Israel will not accept because the government has the support of Hamas, the Islamic group running Gaza that Israel accuses of being terrorists.

Abbas, Peres, and Pope Francis pray at the Vatican.

To add to the animosity, Israel is building more homes in the occupied West Bank, angering the Palestinians and deterring the peace process.

Last month, on a trip to the Holy Land, Pope Francis invited the leaders to Vatican City for prayer, a move that energized many Palestinians, but caused anger among Israelis. During his visit, Francis made an unplanned stop to pray at the wall Israel built to block out Palestine’s West Bank, a move that many thought showed sympathy to Palestinians and further angered Israelis.

Vatican officials have insisted that Pope Francis has no political agenda in inviting the Middle East leaders to pray at his home. His only hope is to re-kindle a desire for peace.

“This pray meeting will not be for mediation to find solutions,” Pope Francis said. “We are just meeting up to pray, and then everyone goes home.” Francis said it would be “crazy” to expect any mediation in the Israeli-Palestinian conflict.

However, many officials think the meeting has potential significance beyond just symbolism, as it shows Pope Francis as a leader who is willing to forgo normal diplomatic and theological protocol and go out on a limb for the sake of peace.

“In the Middle East, symbolic gestures and incremental steps are important,” said Rev. Thomas Reese, a veteran Vatican analyst for the National Catholic Reporter. “Who knows what conversations can occur behind closed doors in the Vatican.”

Abbas and Peres embraced in the foyer of the Vatican hotel and joked together before sitting on either side of Pope Francis in the Vatican prayer garden for an hour-long invocation of Jewish, Christian, and Muslim prayers delivered in English, Hebrew, Arabic, and Italian. The men also planted an olive tree in the garden as a sign of peace.

The prayers focused on three themes common to each of the religions: thanking God for creation, seeking forgiveness for past wrongdoing, and praying to God to bring peace to the region

Francis told the two men, who first signed the Oslo peace accords in 1993, that he hoped this meeting would ignite a “new journey” towards peace. Francis further said that too many children have died from war and violence and that their memory should now instill thoughts of patience, strength, and coexistence.

“Peacemaking calls for courage much more than warfare,” Francis said. “It calls for the courage to say yes to encounter and no to conflict.”

For more information see:

Al-Jazeera- Pope Leads Israeli-Palestinian Peace Prayer– 8 June 2014

CBC News- Pope Francis holds symbolic peace prayers with Middle East leaders– 8 June 2014

Daily Mail- Pope Francis embraces divided Middle East leaders and presides over Christian, Jewish and Muslim prayers at Vatican in bid to revive collapsed peace talks– 8 June 2014

CBC News- The Pope’s modest “prayer meeting” for the Middle East– 7 June 2014