DR Congo Officers on Trial for Rape and War Crimes

By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

KINSHASA, Democratic Republic of Congo – About 39 to 41 military officers have been accused of war crimes. They are now on trial in eastern DR Congo.

Soldiers on trial for rape and war crimes (photo courtesy of BBC).

Most of the charges relate to the mass rape and other acts of sexual violence against more than 130 women and girls in November 2012 by a retreating army.

The charges also include murder and looting, governor of North Kivu province, Julien Paluku, told AFP. He also said that judges had arrived from Kinshasa, the capital, to reinforce those in Goma, the eastern regional hub where the trial is taking place.

Correspondents say the military trial comes after months of international pressure after 23 soldiers were initially suspended but not charged.

The UN then threatened to stop funding army units suspected of abuses.

A high-ranking police officer said the tribunal’s verdict will be final. “There’s no appeal. They are definitely convicted, or if they are to be freed, they are freed.”

The soldiers at trial are mostly low-ranking officers.

According to a UN report, at least 102 women and 33 girls were victims of rape or other acts of sexual violence by government troops in the market town to the south of Goma.

The UN, in an interview, has explained that many families were and are separated as a result of those experiences. That raped women find themselves isolated and the harmony within the families broken. Entire communities become weakened and divided. This leads to an atmosphere of fear where the rebels become more powerful.

In October of this year, the UN peacekeeping force MONUSCO lamented that: “Almost a year after these incidents, none of the presumed perpetrators of these human rights violations has been brought to justice . . . in spite of the Congolese authorities’ commitment to persecute the perpetrators.”

Soldiers, who requested anonymity, admitted to the BBC in April that they had raped women in Minova, but said that they acted under orders from above.

The DR Congo government signed an accord with the UN in April to step up the fight against sexual abuse by armed soldiers and groups, which remains rampant.

The trial opens barely three weeks after the UN-backed Congolese army defeated the M23.

For more information, please visit:

BBC News – DR Congo officers in rape and war crimes trail – 20 November 2013
The Daily Star – Forty-one DR Congo soldiers go on trial for rape – 20 November 2013
allAfrica – Congo-Kinshasa: Q&A – Why ‘Rape Victims Must Talk About Their Trauma’ – 20 November 2013
Modern Ghana –
Forty-one DR Congo soldiers go on trial for rape – 20 November 2013
Wopopular – Congo Soldiers Tried For Mass Rape – 20 November 2013

Nepal Votes to Elect New Constituent Assembly Despite Bomb Threats and Violence

By Brian Lanciault
Impunity Watch Reporter, Asia

KATHMANDU, Nepal–Voters gathered outside polling booths across Nepal Tuesday to elect a Constituent Assembly that will attempt, yet again, to draft a constitution.  The interim government hopes to finally bring stability to the Himalayan nation.

Security personnel were deployed in force this past week to secure polling centers against various bomb threats as Nepal seeks to elect a new Constituent Assembly to draft a constitution. (Photo Courtesy of AP).

Candidates from over 100 political parties and several independent ones are competing in the election. The assembly will also double as a parliament and select a government. Nepal has 12 million registered voters.

Police said there were no reports of violence Tuesday morning. But, explosions rocked the capital in Kathmandu and other cities Monday night. Two people were injured in the explosion in Katmandu. Police believe the two suspects were supporters of an alliance of 33 opposition parties which have been attempting to disrupt and shut down the election.

Nepalese officials assured the public that security was formidable and tight, stating that they should have no fears of voting.

“We assure the voters we have done all that is necessary to ensure there will be free and fair election,” Nepal’s Chief Election Commissioner Neel Kantha Upreti told reporters, adding there was “more” than enough security.

The government ordered a four-day public holiday to allow voters to return to their villages in the mountainous country.

However, the opposition party alliance has been enforcing a nine-day transportation blockage to prevent voters from reaching the remote villages. The opposition appears upset at the appointment of a Supreme Court judge-led government in March, saying the larger parties have denied them any opportunities in the decision making leading up to the election.

There were several attacks on public vehicles that had defied the transportation embargo. A truck driver was killed and two dozen people have been injured in these attacks.

The previous Constituent Assembly was elected in 2008, following the end of a 10-year Maoist revolution and the overthrow of the centuries-old monarchy.

But the assembly was sabotaged by infighting and never finished its work. The result has been a power vacuum that left the country without a proper constitution for almost seven years.

Some of the disagreements center on whether to divide the country into a federal system based on ethnic groups or strictly by geography. But the parties mostly squabble over who gets to lead the country.

Analysts predict none of the political parties is likely to get a majority in the election. Any coalition government formed between two or more parties would face the insurmountable task of writing a constitution where each clause garners approval from two-thirds of the assembly. In a country with more than 100 ethnic groups and languages, this is a tall order.

The United Communist Party of Nepal (Maoist), the party of former communist rebels, hopes to repeat the last election and emerge as the largest party. Its main competitors are the Nepali Congress and Communist Party of Nepal (United Marxist Leninist).

Rastriya Prajatantra Party Nepal, which seeks to revive a Hindu nation and bring back the monarchy, also hopes to win a chunk of the seats in the assembly.

For more information, please see:

BBC News– Nepal voting ends for new Constituent Assembly— 19 November 2013

Times of India– 12 million divided Nepalese expected to vote for stability— 19 November 2013

Al Jazeera– Bomb blast at Nepal polling booth— 19 November 2013

Bangkok Post– Nepal defies bombing, braves threats in post-war poll— 19 November 2013

War Crimes Prosecution Watch: Vol. 8 Issue 17 – Monday, 18 November 2013

International Criminal Court

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

Africa

International Criminal Tribunal for Rwanda

Mali

Chad

Special Court for Sierra Leone

Europe

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions in the Former Yugoslavia

Middle East and Asia

Extraordinary Chambers in the Courts of Cambodia

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

North and South America

United States

South and Central America

Chile

Colombia

Argentina

Guatemala

Topics

Terrorism

Piracy

Gender – Based Violence

Reports

UN Reports

Truth and Reconciliation Commissions

Northern Ireland

Tunisia

Indonesia

Kenya

Commentary and Perspectives

Worth Reading

U.S. Sergeant Charged With Killing Two Iraqi Civilians

By Darrin Simmons
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq-A United States army soldier has been charged with two counts of premeditated murder over the deaths of two Iraqi civilians.  Sergeant Michael Barbera will face a hearing dealing with the deaths that occurred on March 6, 2007.

A U.S. soldier is facing charges over the death of two Iraqi civilians in 2007 (photo courtesy of The Guardian)

Barbera was charged last Wednesday while stationed at Joint Base Elmendorf-Richardson in Alaska.  Accusations of these killings first came to light last December when a Pittsburgh Tribune-Review investigation published its article.

The report claimed that Sergeant Barbera was ordered by his team leader to kill two teenage cattle herders for the belief that they were insurgents operating out of a nearby farm, and a third boy later walking towards.  However, the two boys were brothers, age 15 and 14, were both deaf and unarmed.  None of the three boys had any ties to the insurgency.

According to the Tribune-Review, members of Sergeant Barbera’s squad reported the killings to Army investigators but no actions were taken.  Frustrated at the lack of action, several squad members approached the newspaper with the story.

Of the three deaths, Sergeant Barbera is only being charged with two deaths.  Authorities have yet to release the names of the two people that Sergeant Barbera is accused of killing.

Sergeant Barbera is facing an Article 118 premeditated murder charge with two specifications of murder, and an Article 134 charge of two specifications of conduct prejudicial to order and discipline.

At the time of shooting, Sergeant Barbera was assigned to the 5th Squadron, 73rd Cavalry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division.  He is currently assigned to the 1st Squadron, 40th Cavalry Regiment, 4th Brigade Combat Team (Airborne), 25th Infantry Division at Joint Base Elmendorf-Richardson.

He now awaits an Article 32 investigation hearing to determine whether he will face a court-martial.  The hearing is scheduled to take place at the Joint Base Lewis-McChord near Tacoma, Washington, the same site of the trial for Army Staff Sgt. Robert Bales who was sentenced to life in prison without parole after pleading guilty to killing 16 Afghan civilians.

For more information, please see the following: 

Al Jazeera-US soldier charged with murdering Iraqis-16 November 2013

Guardian-US soldier charged with murder over deaths of two Iraqi civilians-16 November 2013

Huffington Post-Michael Barbera, U.S. Soldier, Charged With Murder In Iraq War Killings-16 November 2013

Los Angeles Times-U.S. soldier charged with murder in killing of two Iraqi civilians-16 November 2013