US Deploys Troops to Aid in Search for Kidnapped Schoolgirls

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

ABUJA, Nigeria – The Obama Administration deployed 80 members of the Armed Forces to Chad to aid in the search for more than 200 young girls who were kidnapped from a school in Nigeria by Boko Haram militants the White House said Wednesday. United States President Barack Obama informed the Speaker of the House of Representatives and the President of the Senate of decision. “These personnel will support the operation of intelligence, surveillance and reconnaissance aircraft for missions over northern Nigeria and the surrounding area,” the White House said in a letter, “the force will remain in Chad until its support in resolving the kidnapping situation is no longer required.”

Boko Haram’s leader Abubaker Shekau criticized schoolgirls for being taught “western education.” The group claimed responsibility for the abduction of nearly 300 young girls. (Photo courtesy of Al Jazeera)

The letter was sent to comply with the War Powers Resolution requiring Congressional notification within 48 hours of the deployment of American Armed Forces. The deployment of armed personnel follows manned and unmanned surveillance flights launched by U.S. personnel earlier this month. The move also follows the deployment of a team of U.S. military, law-enforcement and hostage-negotiation advisers to Abuja.

“These are not combat infantry troops that we put into Chad,” Pentagon spokesperson Rear Adm. John Kirby said, “these are folks that are there to support the reconnaissance mission.” He said Chad is an ideal location to deploy troops to aid in the search because of its proximity to Nigeria as well as the United States’ strong relationship with Chad’s government. He said Reconnaissance flights will be searching and area in Nigeria and neighboring countries that is about the size of West Virginia.

The Obama administration had been criticized by some lawmakers in Washington for not more aggressively aiding in the search for the missing girls. “We should devote more of our national capabilities to help our Nigerian partners in locating the girls,” Senator John McCain on said May 16. “And if we get actionable intelligence about where they are being held, we should send U.S. Special Forces to rescue them — with the approval and cooperation of the Nigerian government and security forces if possible, but without them if necessary.”

The announcement form the Obama White House came on the same day Nigeria asked the United Nations to designate Boko Haram as a terrorist organization. If approved by the United Nations this would enable countries to impose arms embargoes, travel bans and asset freezes.

Earlier this month members of the Islamist militant group Boko Haram, whose name means “Western education is sin,” claimed restorability for abducting nearly 300 young schoolgirls in the Nigerian town of Chibok. Since the attack members of the groups have allegedly kidnapped more girls from Nigerian villages including the northeastern Nigerian village of Warabe, prompting international outrage. A Boko Haram leader has threatened to sell the kidnapped children into slavery.

The United Nations spokesperson for Human Rights Rupert Colville told the press in briefing earlier this month in Geneva that the United Nations warns “the perpetrators that there is an absolute prohibition against slavery and sexual slavery in international law. These can under certain circumstances constitute crimes against humanity.”

For more information please see:

CNN International – 80 U.S. Troops in Chad Will Aid Search For Abducted Nigerian Girls – 22 May 2014

Time – U.S. Deploys Troops in Search for Kidnapped Nigerian Girls – 21 May 2014

Al Jazeera – Nigeria: Life for Schoolgirls in The North – 15 May 2014

Al Jazeera – More Schoolgirls Kidnapped In Nigeria – 07 May 2014

South America Rejects US Attempt to Sanction Venezuela

Venezuelan Flag (Photo courtesy of Shutterstock)

by Delisa Morris 

Impunity Watch Reporter, South America

CARACAS, Venezuela — US lawmakers have made an effort to apply sanctions on Venezuela over human rights concerns.  However, South American governments have said no.

In a statement on Friday, Foreign ministers from the 12-member Union of South American Nations announced that the sanctions would constitute a violation of Venzuela’s internal affairs, while undermining the attempts by regional diplomats and the Vatican to facilitate dialogue between the Venezuelan government and the opposition.

According to a statement after a meeting in the Galapagos Islands in Ecuador, sanctions represent an obstacle for Venezuela.  The people can over come their difficulties with independence and in democratic peace.

The Obama Administration has condemned President Nicolas Maduro for cracking down on protestors and human rights violations.  President Obama has stated that he wants to wait to apply sanctions to allow more time for dialogue between President Maduro and the opposition.

On Wednesday, The U.S. House of Representatives is expected to debate a bi-partisan bill that would order the Obama administration to ban visas and freeze the assets of Venezuelan officials who have committed human rights violations during unrest in the past three months.  The bill centers on $15 million in funds to promote democracy and rule of law in the country.  The Senate foreign relations committee has already cleared similar legislation.

Senator Marco Rubio, R-Fla., was a sponsor of the Senate legislation.  Senator Rubio stated that the sanctions would carry a very important message at this time when Venezuelan officials have been accused of arresting, torturing, and even killing unarmed protestors.

In a telephone interview with the Associated Press Senator Rubio stated sanctions should target anyone who has been involved in human rights violations and did not rule out President Maduro as a target.

Taking action now would show that the U.S. is “firmly on the side of the democratic aspirations of the Venezuelan people,” said Rubio.

Human Rights Watch released a report this month detailing the abuses that have occurred in Venezuela since the beginning of the unrest.  At least 41 people have died in the country since February.  Others have suffered broken bones, denials of medical treatment and have been threatened with rape or death.  Human Rights Watch noted that at least 10 of the deaths should be considered torture.

According to US lawmakers sanctions would be an appropriate way to help stop the violence, but South American governments do not agree.   

For more information, please see:

ABC News — South America Rejects US Sanctions on Venezuela — 24 May 2014

The Washington Post — South America Rejects US Sanctions on Venezuela — 24 May 2014

Fox News Latino — Spurred By Sen. Marco Rubio, Congress Moves to Impose Sanctions On Venezuela — 8 May 2014

Daily Mail — South America Rejects US Sanctions on Venezuela — 24 May 2014

 

Thai Military Declares Coup with Nationwide Curfew

By Hojin Choi

Impunity Watch Reporter, Asia

BANGKOK, Thailand – Thailand’s army chief, General Prayut Chan-Ocha, announced Thursday in a televised statement that the military will take control of the government. The coup includes a suspension of the constitution and imposition of a nationwide curfew. This is the 12th coup since 1932.

The coup was announced two days after martial law was imposed. As  negotiations between the military, political groups, and members of the election commission broke down, General Chan-Ocha announced “it is necessary for the Peace and Order Maintaining Command to take control of governing the country.”

The military interference is the outcome of months of political chaos and violence. The dispute arose between the “Red Shirts,” a pro-government group, and the anti-government opposition known as “Yellow Shirts.” The Red Shirts have held ongoing demonstrations in support of former Prime Minister Thaksin and his political influence.  Thaksin was removed in a previous coup in 2006.  Thailand’s most recent Prime Minister, Yingluck, Thaksin’s sister, was removed on May 7 for alleged constitutional violations.

Thai army soldiers stand guard at the main entrance of the pro-government ”Red Shirts” rally site after they shut it down and cleared protesters from the site, May 22, 2014. (AFP/Nicolas Asfouri)

The military imposed the nationwide curfew between 10 p.m. and 5 a.m. and ordered schools to be closed between Friday and Sunday. All television broadcasting has been suspended, except for the signal of the military’s television channel. The military also banned more than 150 political figures from leaving the country while summoning and detaining prominent politicians and their families, including Yingluck.  “Political gatherings” of more than five citizens have been prohibited, and protesters were ordered to return home immediately.

World leaders and organizations expressed concern about democracy, detentions, and the media shutdown of Thailand.

Navi Pillay, U.N. High Commissioner for Human Rights, said “I am very concerned by the restrictions on fundamental freedoms.” He stressed prompt restoration of the rule of law in the country. Pillay particularly emphasized that freedom of expression and freedom of assembly were essential to the effective resolution of political differences and disputes. In addition, the military power to resolve the conflict should be temporary and limited.

Foreign Secretary of the U.K., William Hague, said he was “extremely concerned” by the coup. According to Hague, “the U.K. urges the restoration of a civilian government that has been democratically elected, serves the interests of its people and fulfills its human rights obligations.”.

“There is no justification for this military coup,” U.S. Secretary of State John Kerry announced. Kerry anticipated “negative implications” and impacts on the U.S. and Thai relationship, especially with the Thai military. He stated that the U.S. would review its “military and other assistance,” including suspension of $10 million in aid to Thailand.

State Department spokeswoman Jen Psaki announced in USA Today that “U.S. law prohibits the government to assist countries where elected officials are deposed by the military.”

 

For more information please see:

Aljazeera – Thailand under curfew after army takeover – 22 May 2014

CNN – Thai military tightens grip, bans more than 150 from leaving country – 23 May 2014

USA Today – Thai military declares coup, detains party leaders – 22 May 2014

BBC News – Thailand military seizes power in coup – 22 May 2014

The Washington Post – US, other nations express concerns over Thai coup – 23 May 2014

 

State Media Announces Crackdown on Terrorism in China after Deadly Market Attack

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

 

BEIJING, China – In response to a serious of explosions targeting an open-aired market in western China the Chinese government has launched a crackdown on terrorism, Xinhua, state media, said Friday. The report said authorities had started a “one-year crackdown on violent terrorist activities” in the region after the attacks were carried out in the heavily policed city of Urumqi, the regional capital of Xinjiang. the attacks killed  39 people and wounded more than 90. State media reported Friday that five perpetrators where reasonable for the attacks; four were killed in the blasts and the fifth was arrested Thursday.

Chinese officials announce crackdown on terrorism following a deadly attack blamed on Uyghurs separatists. The attack came just days before the anniversary of the Tiananmen Square Massacre of 1989 (Photo courtesy of Al Jazeera)

Thursday’s attack was carried out before 6 a.m. during a time when many of the city’s residents were headed to the market to buy fresh food for the day. State media reported that two SUVs came careening through the street and their occupants hurled explosives through the vehicle’s windows. At least one of the vehicles exploded. The owner of a liquor and cigarette store in the market, said he was still in bed when he heard a loud noise that he first though was thunder outside his door. He said; “I saw smoke and fire, people lying on the ground and blood everywhere.”

In response to the attacks China’s highest-level government official in Xinjiang has called for all forces to be mobilized in order to find the perpetrators of Thursday’s deadly terrorist attacks vowing to “crush the swollen arrogance of terrorists.” President Xi also pledged on Thursday that those responsible for the attack would be caught and punished.

So far in Urumqi, authorities have tightened security checks at entry ports in an attempt to prevent weapons smuggling. Security efforts include inspections of individuals, luggage, transport facilities and postal deliveries at land border crossings.

Chinese officials have linked a mass knife attack that killed 29 people at a terrain station in the southwestern city of Kunming in March to Islamic separatists from Xinjiang.

State officials also blamed separatists for an attack in Beijing’s Tiananmen Square last October in which a car rammed into a pedestrian bridge killed two tourists as well as the three occupants of the vehicle.

According to state media; the perpetrators of both attacks were identified as Uyghurs separatists, members of a Turkic-speaking, predominantly Muslim ethnic group from Xinjiang. Tensions between Uyghurs and Han Chinese populations who have migrated to resource-rich Xinjiang in recent years, have repeatedly boiled over into deadly clashes with authorities in recent years.

Some Uyghurs have grown to resent the Chinese government because of the harsh treatment they have been subjected to from Chinese Security forces and because Han migrants to their homelands have been given better economic opportunity in the resources rich region. Overall the Han are the largest ethnic group in China, making up more than 90% of the state’s total population.

Much like the Tibetan people, the Uyghurs have felt disenfranchised by the discriminatory policies enforced by the Chinese government. Many argue that they are treated like second-class citizens. China has labeled the group “separatist militants” and blames Uyghurs for inciting ethnic violence. On Tuesday, the local government officials in Xinjiang arrested 39 Uyghurs for several crimes including organizing and leading terrorist groups.

For more information please see:

ABC News – Dozens Dead After ‘Thunder-Like’ Blasts Rock China Market – 22 May 2014

CNN International – Q&A: Xinjiang and Tensions in China’s Restive Far West – 23 May 2014

CNN International – China Launches Terrorism Crackdown after Xinjiang Region Attack – 23 May 2014

Al Jazeera – China to Mobilise ‘All Forces’ After Attack – 23 May 2014

Syria Justice and Accountability Center: Eight Questions about the ICC

(Image: UN Security Council adopts resolution on Syria, 27 September 2013. Source: United Nations Information Centres)

 

French initiatives to refer Syria to the International Criminal Court (ICC) have prompted questions about the ICC, its procedures, and its efficacy. This post aims to demystify the ICC and explore its role in the Syrian crisis.

Why can’t the ICC prosecute now?

At present, the ICC does not have jurisdiction over Syria. Syria, like 71 UN Member states, is not a party to the Rome Statute—the ICC’s foundational document. As such, there are only three ways in which the ICC can gain jurisdiction in Syria: (1) via UN Security Council referral, (2) if Syria voluntarily submits to ICC jurisdiction on an ad hoc basis (for a particular situation only), or (3) if Syria joins the ICC by acceding to the Rome Statute. Options two and three are very unlikely because the Assad government has little incentive to join the ICC. The Syrian opposition cannot accept ICC jurisdiction on behalf of Syria because it has not achieved the status of government of the Syrian state.

Another method by which the ICC sometimes gains jurisdiction is (4) the ICC Prosecutor’s initiation of a proprio motu investigation (which means “on [the Prosecutor’s] own initiative”), but this option is unavailable in Syria unless it becomes a party to the Rome Statute or accepts the ICC’s ad hoc jurisdiction.

 What could a referral do?

If the referral succeeds, the ICC will investigate whether international crimes have been perpetrated in Syria. A UN Security Council referral to the ICC obligates the ICC to undertake an “investigation”—a pre-trial process which determines whether there is adequate evidence to pursue prosecutions. Though it prosecutes individuals, the ICC investigates “situations.”  Thus, rather than investigating Bashar al-Assad, for example, the ICC would investigate the entire Syrian situation, looking for evidence of international crimes committed by anyparties.

If the investigation finds evidence of crimes under ICC jurisdiction – which aregenocide, crimes against humanity, and/or war crimes – the ICC Prosecutor will initiate trials of those individuals who bear the greatest responsibility for these crimes.

Who could be prosecuted?

The new resolution stands apart from others because it explicitly encourages investigation of parties on all sides of the conflict, including Syrian authorities, pro-regime militias, and non-State armed groups. Nonetheless, as noted above, the ICC investigates situations (rather than specific individuals or groups), and accordingly this resolution refers “the situation in the Syrian Arab Republic” to the ICC.

If the ICC Prosecutor finds evidence that a person has committed genocide, crimes against humanity, and/or war crimes, the Court may indict (bring charges against) that person and then issue a summons or an arrest warrant to bring that person before the Court. However, confirmation of charges and trial can only proceed once the accused persons are in custody.

What are the punishments available and what are typical ICC sentences?

The ICC maximum sentence is 30 years imprisonment, although it can issue life sentences in extreme circumstances. The ICC can also extract fines from perpetrators and seize money, property, and other assets. The ICC does not issue the death penalty.

To date, 21 cases from 8 situations have been brought before the ICC. The ICC has accused 36 people of crimes.  In its 12-year history, the ICC has convicted  two individuals—one convicted of war crimes was sentenced to 14 years imprisonment, and the other will be sentenced in late May, 2014. Several trials are currently ongoing, whereas many other trials cannot proceed because the accused are still at-large.

How long does the process generally take?

The process takes years. There are multiple phases, including pre-trial investigations and the trial itself. Pre-trial investigations generally range from one month to four years. Trials generally take six or more years. The ICC issued its first and only sentence after a ten-year investigation and trial. The ICC’s forthcoming sentence will be delivered after similar timespan.

Although the complexity and challenging context of ICC trials require a lengthy process, the ICC is a young court and is striving to speed up its procedures (without compromising accuracy or effectiveness).[1]

What could ordinary Syrians get out of this?

In the short-term, Syrians are unlikely to receive tangible benefits from ICC action. ICC investigation can, however, offer symbolic significance: a successful referral and subsequent investigations would demonstrate that the international community takes Syrian’s plight seriously and is committed to accountability. Already, the resolution has gained support: 58 countries and over one hundred civil society groups from around the world have called on the UN Security Council to refer Syria to the ICC. The referral is unlikely to succeed, but international attention to the debate could pressure the international community to act differently in Syria. Though debatable, an ICC referral could also possibly have a deterrent effect on those perpetrating atrocity crimes.

In the long-term, an ICC trial could result in imprisoning and/or fining perpetrators.  Syrians could also be eligible financial reparations as a result of the ICC process. Lastly, on a more symbolic level, an ICC trial could authenticate truths about the conflict via extensive research and substantiation, publicized internationally.

Why hasn’t this happened already?

The last three referral attempts failed due to Russia’s veto. Any permanent member of the UN Security Council has the capacity to veto a proposal, and the veto cannot be overruled. (UN resolution 377 has been used in the past to enable General Assembly-backed actions after a Security Council veto, but,under ICC law, the General Assembly does not have the capacity to refer a situation to the ICC.)

Will the referral happen?

The referral is unlikely to succeed. The U.S. has voiced support for this initiative—unlike those prior—but Russia has made its opposition clear. Recently, Russia’s Ambassador to the UN asserted, “our position has not changed,” and on May 20 vowed to veto the resolution if it comes to vote.

France hopes the Security Council will consider the proposed resolution on Thursday.

[1] Richard Goldstone, ABA-ICC Project Event: “International Criminal Justice: Mass Atrocities, the International Criminal Court, and the Role of States.” 10 April 2014.