Blue Ribbon Panel of Experts to Unveil Draft Statute for Syrian Tribunal on October 3, 8:30-9:30 AM, at the National Press Club in Washington D.C.

Event open to the Press and Public

The government of Syria has admitted possessing chemical weapons; the United Nations has confirmed that their use killed more than 1,400 people in the outskirts of Damascus last month; and an international process for ridding the country of such weapons has just commenced. But what about holding the perpetrators accountable for violating the Geneva Conventions and the 1925 Chemical Weapons Treaty?

A blue ribbon panel of former international tribunal chief prosecutors, international judges, and leading experts has prepared a Draft Statute for a Syrian Extraordinary Tribunal to Prosecute Atrocity Crimes.  It’s being called the “Chautauqua Blueprint” because it was finalized on the margins of a recent conference of several of the chief prosecutors of the various international criminal tribunals at the Chautauqua Institution. The initiative was organized by Case Western Reserve Law Professor Michael Scharf, who is Managing Director of the Public International Law & Policy Group (PILPG); and David Crane, former Chief Prosecutor of the Special Court for Sierra Leone, who is a member of PILPG’s Board.

The members of the blue ribbon panel believe the time is particularly ripe for this initiative.  According to Scharf: “It can help the Syrian opposition demonstrate its commitment to the rule of law, ensure that accountability plays an appropriate role in peace negotiations, put Syrian officials and military commanders on all sides on notice of potential criminal liability, and lay the groundwork for justice rather than revenge in the immediate aftermath of transition.”  Crane adds, “It is a useful framework for not only the Syrians but regional and international organizations to assist in the creation of an appropriate justice mechanism.”

The Chautauqua Blueprint will be publicly unveiled and discussed at a special event at the National Press Club, 8:30-9:30 AM, on October 3.  A preview copy of the document is available at http://publicinternationallawandpolicygroup.org/wp-content/uploads/2013/09/Chautauqua-Blueprint1.pdf.  Speakers will include Scharf, Crane, members of congress, and other experts.  Paul Williams, President of the Public International Law & Policy Group, will chair the event, which is open to the press and public.  Breakfast will be provided.

The National Press Club breakfast event precedes Congressional hearings scheduled to consider Congressman Chris Smith’s Concurrent Resolution #51 on establishing accountability for war crimes and crimes against humanity in Syria.   Congressman Smith’s resolution recommends establishment of an international tribunal to prosecute top figures.  The Chautauqua Blueprint recommends an “internationalized domestic tribunal” as a complement or alternative to an international tribunal.

The Chautauqua Blueprint reflects insights gained from a series of meetings and workshops over the past two years led by the Public International Law & Policy Group, which brought together Syrian lawyers, jurists, and civil society leaders with international experts to discuss an approach to transitional justice uniquely tailored to Syria.  It also reflects comments received from the distinguished members of the Blue Ribbon expert drafting committee whose names and affiliations are listed below.

The Blue Ribbon Panel consists of:

 

  • M. Cherif Bassiouni, Emeritus Professor of Law at DePaul University, who chaired the Drafting Committee at the United Nations Diplomatic Conference on the Establishment of an International Criminal Court
  • David Crane, Professor, Syracuse University College of Law, who was the first Chief Prosecutor of the Special Court for Sierra Leone
  • Sir Desmond de Silva, QC, former Chief Prosecutor of the Special Court for Sierra Leone
  • Mark Ellis, Executive Director of the International Bar Association
  • Justice Richard Goldstone, former Justice of the Constitutional Court of South Africa, and former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda
  • Larry Johnson, Adjunct Professor at Columbia Law School, former U.N. Assistant Secretary-General for Legal Affairs who drafted the Statutes for the Yugoslavia Tribunal, the Cambodia Tribunal, and the Special Tribunal for Lebanon.
  • Gregory Noone, Director of the Fairmont State University National Security and Intelligence Program and Assistant Professor of Political Science and Law, and former head of the International Law Branch in the International and Operational Law Division at the Pentagon  
  • Michael Newton, Professor, Vanderbilt University Law School, and former Deputy to the Ambassador at Large for War Crimes Issues, U.S. Department of State
  • William Schabas, Professor, Middlesex University Faculty of Law, and former Member of the International Truth Commission for Sierra Leone
  • Michael Scharf, Associate Dean, Case Western Reserve University School of Law, Managing Director of the Public International Law & Policy Group, and former Attorney-Adviser for United Nations Affairs, U.S. Department of State
  • Paul Williams, President of the Public International Law & Policy Group and Rebecca Grazier Professor of Law and International Relations, American University

 

In addition the following experts provided comments on the draft Statute but have asked to be listed as “contributors” rather than members because of their official positions:

 

  • David Scheffer, Director of the Center for International Human Rights at Northwestern University School of Law, U.N. Special Expert on United Nations Assistance to the Khmer Rouge Trials, and former US Ambassador at Large for War Crimes Issues.
  • Judge Patricia Wald, former Judge of the International Criminal Tribunal for the former Yugoslavia and Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit.
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President Putin States Activists Who Protested on Russian Oil Rig Are Not Pirates

by Tony Iozzo
Impunity Watch Reporter, Europe

SALEKHARD, Russia – Russian President Vladimir Putin stated on Wednesday that thirty activists who were arrested for protesting on Russia’s first Arctic offshore oil platform in Prirazlomnaya violated international law, but indicated that he did not believe they should be charged with piracy.

The Activists were set to be questioned on Wednesday. (Photo courtesy of The Moscow Times)

Thirty activists from Greenpeace, a non-governmental environmental organization, were towed aboard their ship to shore after two of the individuals aboard attempted to climb aboard the Russian oil rig to protest Russia’s plans to conduct Arctic oil drilling.

Russian authorities seized their ship, the Arctic Sunrise, and led the activists to detention centers in Murmansk.

“All thirty people were sent to different investigative detention facilities in Murmansk and the Murmansk region. Today questioning continues, but lawyers and diplomatic representatives are not allowed to visit the activists,” Greenpeace-Russia spokeswoman Tatyana Vasilyeva said.

The activists were to be questioned on Wednesday. On Tuesday, Russian investigators stated they had opened a criminal investigation on suspicion of piracy, which is punishable by up to fifteen years in jail.

“It is absolutely evident that they are, of course, not pirates,” stated President Putin.

Greenpeace is concerned with Russia’s plan to conduct Arctic oil drilling, as they contend it poses a threat to the fragile eco-system. They stated that scientific evidence shows any oil spill from Prirazlomnaya would affect more than 3,000 miles of Russia’s coastline

The Russian Federal Investigative Committee called the protest an “attack” and said it violated Russian sovereignty.

Russian authorities believe that protests like this one at the Prirazlomnaya platform, owned by state-controlled energy giant Gazprom, would soil efforts to draw foreign investment and tap rich Arctic resources.

President Putin further stated “Our law enforcement institutions, our border guards didn’t know who was trying to seize this platform under the guise of Greenpeace. It would have been better if representatives of this organization had sat in this room and voiced their attitude to the issues we are discussing.” Putin was coincidently attending the Arctic Forum in Salekhard in western Siberia, with the presidents of Finland and Iceland, as well as officials from other Arctic nations.

The Investigative Committee stated it had questioned three activists on Tuesday and planned on questioning more pending the arrival of translators and lawyers.

Greenpeace said the boarding of the oil rig by Russian authorities was illegal as they were conducting a peaceful protest, and denied the piracy allegations.

For more information, please see:

The Moscow Times – Putin Says Greenpeace Activists Aren’t Pirates But Broke The Law – 26 September 2013

BBC News – Greenpeace Activists Broke The Law, Says Putin – 25 September 2013

The Independent – President Putin: Greenpeace Activists Were ‘Obviously’ Not Pirates – 25 September 2013

The New York Times – Putin Defends Seizure of Activists’ Ship But Questions Piracy Charges – 25 September 2013

Four Police Mexico City Police Implicated in Heaven Bar Mass Killings

by Michael Yoakum
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – Mexican authorities have arrested a total of 18 people in connection with the kidnapping and murder of 12 young men and women from the Heaven after-hours bar late last May.  Arrests made Tuesday brought the number of Mexico City police officers implicated in these crimes to four.

Relatives of the 12 kidnapped youths protested in front of the Mexican Attorney General’s office, asserting that Mexican authorities were covering up police involvement in the crimes. (Photo courtesy of CNN)

The 12 youths went missing from the after-hours bar in the Zona Rosa district of Mexico City on May 26.  Their bodies were discovered in a mass grave in August, where evidence implicated a local gang in the murders.

However, on September 19, prosecutors arrested Edgar Ernesto Gutierrez Vera, a patrolman from the Zona Rosa district, for “active and direct participation” in the mass kidnapping and murder.  Authorities had been looking into Gutierrez Vera on suspicions of protecting the gang implicated in the mass killings, which eventually led prosecutors to evidence of police involvement in the crimes.

Security Chief Jesus Rodriguez Almeida said the arrests of his four officers reflected poorly on Zona Rosa police department’s reputation, a force that had one of the better reputations in a city rife with allegations of police corruption.  Almeida said all four officers had passed department vetting processes but refused to comment on specific procedures for security reasons.

Mexican authorities investigating the four officers still urge that the kidnappings were likely the result of clashes between rival drug cartels, asserting that the 12 youths were linked by involvement in drug trafficking.

Ricardo Martinez, attorney for the victims’ families, believes there to be elements to truth on both sides.  “There are both criminals and public servants involved,” Martinez said.

That the Heaven kidnappings occurred in Zona Rosa, widely regarded as a safe district, and not in a border town, has shaken beliefs that the area is safe from drug related crimes.  The kidnappings occurred in broad daylight and just a block from the US embassy.

For more information, please see:

BBC News – Mexico Heaven bar murders: Three police officers arrested – 24 September 2013

CNN – Fourth officer arrested in Mexico mass kidnapping case – 25 September 2013

ABC News – 4th Mexico City Officer Arrested in Bar Kidnapping – 24 September 2013

Fox News – Alleged involvement of police in mass kidnap, killing of 12 a blow for Mexico City’s image – 25 September 2013

Latin Times – Three More Police Officers Arrested In Connection With Mexico Heaven Bar Kidnapping And Murders – 24 September 2013

At Least Seven Killed in Nigerian Shootout

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

ABUJA, Nigeria – Suspected Islamist militants have opened fire on security forces in Nigeria’s capital this past Friday, killing at least seven. Security forces state this shootout was with Boko Haram, but witnesses claim it was an attack of unarmed squatters.

The military say it has killed Boko Haram leader Abubakar Shekau (photo courtesy of AFP)

The State Security Service (“SSS”) did not give any details as to how many people were killed in the attack. A witness told BBC that he saw nine bodies.

The SSS intelligence service said its forces had been searching an area behind the Apo Legislative Quarters for weapons after a tip-off from arrested members of the anti-government Boko Haram group when they came under fire and shot back.

It mentioned injuries, but no deaths.

This will be the first clash involving Islamists in the capital this year if Boko Haram did open fire. Boko Haram is a group that wants to impose sharia or Islamic law in northern Nigeria.

Boko Haram is most active in north-eastern Nigeria, where a state of emergency was imposed in May.

Attacks in the north-east have increased recently despite a massive military deployment to the worst-affected areas.

However, other witnesses claim that the shooting came during an attempt to move squatters. Six witnesses told Reuters the house was owned by a military man who wanted them to leave his property.

The BBC’s Mohammed Kabir Mohammed in Abuja says the shooting occurred at a two-story building which has been built, but not yet complete. Young men have been using the building to sleep at night.

Although witnesses claim a different number of bodies seen, a doctor who declined his name because he was not authorized to speak to the news stated that there were seven dead.

A Reuters reporter saw a police vehicle dump three bodies and then drive off, “leaving a trail of blood.”

Also, there was no security presence at the hospital, as might have been expected if there had been Boko Haram suspects among the wounded.

A statement from the SSS said: “No sooner had the team commenced digging for the arms than they came under heavy gunfire attack by other Boko Haram elements. Some persons were injured and 12 others have been arrested in connection with the incident.”

However, a 28-year old witness being nursed for leg wounds stated that he was one of the squatters during the attack. He further said that the owner had come on Wednesday and told them to leave, but they refused because they were paying a security guard to be there.

The witness, Mohammed, further stated that the security guard left on Thursday and then around midnight five pick-up trucks arrived carrying armed personnel.

“They began firing. It was crazy,” Mohammed said. “We were running helter skelter and bullets were flying.”

Last month, the army said it had killed Boko Haram’s leader Abubakar Shekau but this has not been confirmed and the militants’ attacks have continued.

For more information, please visit:

BBC News – Nigeria’s ‘Boko Haram’: Abuja sees security forces targeted – 20 September 2013
Aljazeera – Deaths reported in Nigeria shootout21 September 2013
Chicago Tribune News – Nigerian forces raid building in Abuja, seven killed20 September 2013
Africa Review – Boko Haram attack’: Abuja sees security forces targeted – 20 September 2013
War News Updates – Multiple Attacks By Boko Haram And A Massacre Are Being Reported In Nigeria – 20 September 2013