ICC Authorizes Investigation into Crimes Committed Against Rohingya People

By: Nadia Abed

Journal of Global Rights and Organizations, Associate Articles Editor

NAYPYIDAW, Myanmar — On November 14, 2019, pre-trial judges of the International Criminal Court (ICC) authorized an investigation into the alleged crimes committed against the Rohingya people of Myanmar that have taken place within the ICC’s jurisdiction. Through violence and coercion the Myanmar military and security forces have forced over one million Rohingya to be displaced from Myanmar to Bangladesh.

Rohingya refugee children in Bangladesh. Photo Courtesy of UNICEF.

Since 2017 the Myanmar military has attempted an ethnic cleansing of the Rohingya people. The military has continued to destroy over 300 villages where the Rohingya have settled, mostly by bulldozing or by fire. The military has also sexually violated and raped girls and women in villages or at checkpoints while in route to seek refuge in Bangladesh.

Refugees who arrive in Bangladesh report a continuance of abuse by Myanmar security forces. The reports include “killings, arson, enforced disappearances, extortion, severe restrictions on movement, and lack of food and heath care.” Additionally, refugees who return to Myanmar face arrest and even torture by authorities. 

On July 4, 2019, the ICC Prosecutor, Fatou Bensouda, requested that there be an investigation into the alleged crimes committed against the Rohingya people. The request sought to look into crimes against deportation, other inhumane acts, and persecution of the Rohingya people.

Additionally, the ICC received requests that the court investigate by thousands of alleged victims. The victims “believe that only justice and accountability can ensure that the perceived circle of violence and abuse comes to an end.”

The ICC’s decision to investigate also follows a November 11, 2019 submission by Gambia to the International Court of Justice (ICJ) alleging Myanmar has violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide. Gambia instituted proceedings against Myanmar before the ICJ after a Myanmar military-led crackdown. Gambia explains that this crackdown was intended to destroy the Rohingya Muslims as a group by the use of “mass murder, rape and other forms of sexual violence.”

The judges have reason to believe that there exists “widespread and/or systematic acts of violence [that] may have been committed that could qualify as the crimes against humanity of deportation across the Myanmar-Bangladesh border.” While Myanmar is not under the jurisdiction of the ICC, it may exercise jurisdiction when crimes and criminal conduct take place on territory of a State Party. Bangladesh is a State Party to the treaty; therefore the investigation extends to crimes committed on Bangladeshi territory.

The ICC also authorized the commencement of the investigation relating to any crime, which includes future crimes so long as it is within the ICC’s jurisdiction, committed in part of Bangladesh or another State Parties territory, and linked to the situation in the present decision.

The Office of the Prosecutor will start preparing and collecting evidence necessary to establish whether there are specific individuals who bear criminal responsibility. Once such evidence is deemed sufficient, the Prosecutor would then request an issuance of either summons to appear or arrest warrens for said individuals. The ICC and Prosecutors are confidence that the investigation is in the interests of justice for the Rohingya people.

For further information, please see:

UN News – ICC gives greenlight for probe into violent crimes against Rohingya – 15 Nov. 2019

International Criminal Court – ICC judges authorise opening of an investigation into the situation in Bangladesh/Myanmar – 14 Nov. 2019

International Court of Justice – The Republic of The Gambia institutes proceedings against the Republic of the Union of Myanmar and asks the Court to indicate provisional measures – 11 Nov. 2019

Human Rights Watch – Myanmar Events of 2018

Chilean Protestors Human Rights are Diminished Amid Governmental Use of Excessive Force

By: Ann Ciancia

Journal of Global Rights and Organizations, Associate Articles Editor

SANTIAGO, Chile – On October 18, thousands of Chilean people commenced protesting the government’s announcement of increasing public transportation costs. One day later, a state of emergency was declared as violence escalated within the country of Chile. The U.N. has reported over 20 deaths and 2,300 injuries of protestors since their fight for fair costs and equality began a month ago. The escalation of violence continues to grow daily in Chile.

Protestors in the Streets of Chile. Photo Courtesy of Martin Bernetti/AFP via Getty Images.

Chile’s President, Sebastián Piñera, declared a state of emergency with night-time curfews, positioning tanks, and troops to face what he considers a “war with a violent enemy.” Many believe the excessive use of law enforcement was not necessary and has put the lives of many at a risk of safety. President Piñera has engaged in violating human rights through military demonstrations of arson, riots, rubber bullets, and tear gas. Many individuals have been blinded by these attacks.

Many victims have fallen short against the excessive force used by police. Children are being treated poorly, beaten, and detained. Amnesty International has reported over 7,000 people being detained since the beginning of the protests. Many women have reported being victims of sexual violence and being raped while in detainment. Active protestors of the country are being tortured for speaking out.

The Chilean people are being beaten for expressing their thoughts about change for their country through protests. A nationwide movement of peaceful demonstrations has led to violent riots. This has caused havoc throughout the country and has led to over a billion dollars’ worth of damage to the infrastructure of the nation. The violence against protestors in Chile has caused mass destruction in this country.

“Violence can never be the answer to people’s social and political demands.”

One particular protestor, Alex Nunez, was chased by three police officers and was severely beaten. The injuries he sustained that night, where only 5% of his brain was working, resulted in his death.

Prosecutors in Chile are investigating over 1,000 cases of abuse alleged by protestors. The abuse victims have faced range from sexual violence, to assault and torture. All of these injuries were sustained by victims from police and military members. The National Human Development Initiative collected over 50 cases in connection with homicide and sexual violence involving the Chilean security agents. A Chilean prosecutor was selected to investigate the crimes against human rights violations within the districts of Santiago.

Amnesty International is continuing to investigate possible violations of human rights law and crimes against protestors of Chile. Due to the amount of deaths and injuries, it is evident that Chilean authorities have used excessive force against these protestors. The world continues to call out President Piñera to take action to stop harmful force used against victims by police and military members and to allow protestors to use their platform for a movement to fight against inequality.

For further information, please see:

Reuters – Human rights abuse accusations proliferate in Chile unrest – 15 Nov. 2019

Amnesty International – Chile: Amnesty International denounces human rights violations to the Inter-American Commission on Human Rights – 11 Nov. 2019

UN News – Violence can ‘never be the answer’: UN rights experts condemn excessive force during Chile protests – 8 Nov. 2019

The Guardian – Chile protests: UN to investigate claims of human rights abuses after 18 deaths – 24 Oct. 2019

 

 

Update: Bosco Ntaganda Sentenced to 30 Years Imprisonment

By: Madison Kenyon 

Impunity Watch Staff Writer 

KINSHASA, Congo — On November 7, 2019, the Trial Chamber VI of the International Criminal Court (ICC) unanimously sentenced Bosco Ntaganda, nicknamed the “Terminator of the Congo,” to 30 years imprisonment. The time Ntaganda spent in the ICC’s custody, which is between March 22, 2013 to November 7, 2019, will however be deducted from this sentence. This sentence arose from the court’s previous decision in July 2019, which found Ntaganda guilty of 18 counts of war crimes and crimes against humanity.

Bosco Ntaganda awaiting his verdict in the ICC’s courtroom. Photo courtesy of NPR.

Ntaganda’s conviction and sentencing are hallmark occasions for the ICC for a couple of reasons. First, Ntaganda is the first person the court has convicted of sexual slavery and crimes of sexual violence against his own troops. Second, this is the longest imprisonment sentencing the court has ordered since its creation. Many international human rights organizations find this decision and sentencing to be quite promising for future cases brought against international criminals. Specifically, Ida Sawyer, the deputy Africa director of Humans Rights Watch, stated that Ntaganda’s sentence “sends a powerful message that those who commit serious crimes against the people, no matter their positions, can be held to account.”

Despite the court not finding any real mitigating factors for Ntaganda’s case, the Trial Chamber believed that the conditions present did not warrant life imprisonment. As specified by the Rome Statute, life imprisonment may only be provided “when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.” Thus, the Trial Chamber determined that the maximum sentence of 30 years allotted by the Rome Statute would suffice. The court also held that it would not be appropriate to impose a fine or forfeiture of proceeds in addition to the imprisonment.

Although the defense has 30 days to appeal this sentence, Ntaganda and his lawyers have already moved to appeal this. Also, the court still must determine how much compensation the victims should be awarded. Therefore, this is not the last time the ICC will hear Ntaganda’s name in its chambers.

For further information, please see: 

ICC – Bosco Ntaganda Sentenced to 30 Years’ Imprisonment – 7 Nov. 2019 

NPR – ‘Terminator’ of Congo, Bosco Ntaganda, Gets Historic 30-year Sentence for War Crimes – 7 Nov. 2019 

BBC News – Bosco Ntaganda Sentenced to 30 Years for Crimes in DR Congo – 7 Nov. 2019

Impunity Watch – Bosco Ntaganda Convicted: A Long-Awaited Victory by the ICC – 19 Sept. 2019 

ICC – Rome Statute of the International Criminal Court – 1 July 2002 

ECHR Rules Supermarket Cameras Don’t Violate Right to Privacy

By: Genna Amick

Journal of Global Rights and Organizations, Associate Articles Editor 

MADRID, Spain — On October 17, 2019, the Grand Chamber of the European Court of Human Rights found that the right to privacy of supermarket employees was not violated by the supermarket using visible and hidden cameras to record areas of the store where it suspected theft by employees.

The manager of a Spanish supermarket noticed that stock valued at upwards of €20,000 was missing. He decided to install cameras without informing any of his employees. The cameras focused on exits, entrances, and checkout counters. Based on the surveillance footage, the manager discovered that a number of his employees were taking goods without paying for them and helping customers to steal. He fired 14 of his employees, five of which are the applicants in this case.

The applicants argued that they were dismissed unfairly and that their right to privacy was violated by the installation of the cameras without their knowledge. The Spanish Employment Tribunal found that the dismissal was valid and that the applicant’s right to privacy had not been violated. After the Spanish High Court affirmed the Employment Tribunal’s ruling, the applicants submitted a complaint to the European Court of Human Rights.

In January 2018, a chamber of the European Court of Human Rights found that the employee’s right to privacy under Article 8 of the European Convention had been violated because they had not been informed of the installation of the cameras. However, the chamber did not find that the applicant’s right to a fair trial under Article 6 of the European Convention had been violated.

The case was then accepted and reviewed by the Grand Chamber which found that applicant’s Article 8 right to privacy was not violated nor was their Article 6 right to a fair trial. Delving into the right to privacy, the Grand Chamber held that employers are not required to notify employees of surveillance equipment if it was installed to protect a “significant” interest.

Applicant’s also argued that the State had a positive obligation to protect their rights against the actions of a private company. The Grand Chamber found that since there were a number of domestic laws in place intended to safeguard the applicant’s right to privacy which they could have sought legal remedies under, the State had acted within its margin of appreciation. The Grand Chamber concluded that the applicant’s Article 8 right to privacy had not been violated.

The Grand Chamber also concluded that applicant’s Article 6 right to a fair trial was not violated. In this case, the applicants attempted to argue that using their former employer’s video recordings of them stealing was inadmissible. The Grand Chamber held that using the videos as evidence did not undermine the fairness of the proceeding for two reasons. First, applicants had the ability to challenge the quality and accuracy of the videos. Second, the recordings were not the only evidence that was used by the Spanish domestic courts.

For further information, please see:

International Justice Resource Center – European Court Holds Secret Surveillance Did Not Violate Employees’ Privacy – 24 Oct. 2019

Warner Goodman – Employment Law Case Update: Lopez Ribalda and others v Spain – 24 May 2018

Separatist Movement In Cameroon has International Consequences

By: Jordan Broadbent

Impunity Watch Staff Writer

YAOUNDE, Cameroon —  On November 1, 2019, Cameroon language barriers and crackdowns incited violence and human rights abuses that have captured international attention. 

Map depicting the Anglophone region in Cameroon. Photo Courtesy of the Washington Post.

Cameroon, a former French colony, is divided between 80% French speakers and 20% English speakers and for decades the two lived in relative peace. However, since 2017 that peace has been disturbed. Along the Nigerian border an armed group of armed English-speaking separatists have demanded independence from Cameroon to form Ambazonia, an English-speaking country. The separatists claim that the Cameroon government has killed hundreds of unarmed civilians in a series of raids. They further claim that government troops came in to the area, burned down a village, killed hundreds of people and have displaced hundreds of others in an attempt to keep the anglophones under their control.

The UN embassy in Cameroon stated that in a series of raids in February and March 2019 the Cameroon government started to disappear several leaders in the separatists’ movement. The Cameroon government has claimed that these separatist groups have terrorized civilians and disrupted peace in the country that has sparked a government crackdown. The government has denied the claims of killing civilians and burning down villages, stating instead that the troops are stationed in the west to protect Cameroonians.

The United Nations and Amnesty International warned Cameroon that this military crackdown would lead to unrest. Since the warning, tens of thousands of refugees have fled to Nigeria to avoid the violence that is erupting in western Cameroon. The African Union has pleaded with both parties to end the violence as the influx of refugees continues to grow.

Cameroon is an ally of the United States and a key player in the fight against Boko Haram, a terrorist organization in western Africa. The United States Department of Defense issued a warning to Cameroon that the destabilization of the country could hurt the fight against the terrorist group.

The United States Department of Defense and State Department have worked with both groups in an attempt to end the violence in the region. Cameroon’s failure to make an attempt to stop the perceived human rights violations sparked reactions from the United States. As recently as at November 1, 2019, President Trump announced he will will remove Cameroon from a trade program that allows several African countries to trade duty free with the United States, citing human rights violations. If Cameroon does not take measures to change the current situation, Cameroon will be removed from the program on January 1, 2020. The Cameroon government has yet to respond to President Trump’s announcement. 

For further information, please see:

Washington Post- Trump Ends Trade Benefits for Cameroon over “persistent  human rights violations” – 1 Nov. 2019

Committee to Protect Justice – African Union Must Act on Cameroons Human Rights Violation – 29 Oct. 2019

Washington Post-Divided by Language – 5 Feb. 2019