By Ali Al-Bassam
Impunity Watch Managing Editor, News

THE HAGUE, Netherlands — Members of the UN Security Council marked last Saturday as the twentieth anniversary of the establishment of the UN’s International Criminal Tribunal for the former Yugoslavia (ICTY), created  to prosecute war crimes committed during the Balkan conflict of the 1990’s.

Twenty years ago, The ICTY was unanimously established on May 27, 1993 under the UN Security Council’s Resolution 827.  Since then, the international community has provided more than two billion dollars for the tribunal’s continued performance.  The ICTY has indicted 161 persons for serious violations of human rights committed between 1991 and 2001.  Proceedings against 131 people were completed, while 25 others still currently await their sentence.  The tribunal will adjourn for the final time in 2016.

The ICTY sentenced some of the most notorious human rights offenders who were active during the Balkan War, including then-Serbian President Slobodan Milosevic, who died in the ICTY detention center during the trial for his crimes committed in Bosnia – Herzegovina, Croatia, and in Kosovo.

The Security Council recalled the resolution in a statement made to the press last Saturday.  In the statement, the Security Council stated the necessity of passing the resolution, and also recognized “the contribution of the ICTY in the fight against impunity for “the most serious crimes of concern to the international community.”

ICTY Chief Prosecutor Serge Brammertz also hailed the achievements of the ICTY.  “One of the achievements is for sure that there are no fugitives at large any more,” said Brammertz.  The court’s president, Judge Theodore Meron, said that the biggest achievement for the ICTY was being able to show that “an international court could deliver justice impartially.”

Meron also shared his criticism of the court when he commented on the efficiency of the court due to the complexity of the crimes.  Referring to the inability to hand a final sentence to Milosevic, who died before the end of his four-year trial, Meron said “I wish we could have gone faster, but I do believe that we have such special problems that if you focus on our cases you see that our progress has been quite reasonable.”  Bosnian war crimes investigator Mirsad Tokaca commenting on the length of trials, said “[i]t is impermissible that the trials should last so long, absolutely impermissible.”

Many Serbs also criticized the court, saying that they were unfairly targeted and form the majority of the suspects.  Yet some Serbs, like former Kosovo Prime Minister Ramush Haradinaj, who was initially convicted by the court of war crimes and later acquitted after a retrial, praised it. “This is the only institution or arbiter that went (through) with it, so if the question is, is it worth that we have it or it would have been better not to have something like that?  I must say it was worthy to have it,” said Haradinaj.

For further information, please see:

CP24 — Mixed Reviews for UN Yugoslav War Crimes Court — 27 May 2013

Euronews — Ex-Yugoslavia War Crimes Tribunal Marks 20 Years of Business — 25 May 2013

UN News Centre — Security Council Recognizes Contribution of UN Yugoslav Tribunal – 25 May 2013

Dalje — ICTY Marks 20th Anniversary Amid Divided Assessments of its Work — 24 May 2013

By Ben Kopp
Impunity Watch Reporter, Europe

KYIV, Ukraine — Despite a ban issued by the city and upheld in court, LGBTI (Lesbian, Gay, Bi-sexual, Transgender, and Intersex) activists held Ukraine’s first gay rights march for forty minutes during the Kyiv Pride 2013 forum. And it appears that the police granted the activists protection.

One organizer of the march, Stas Misthenko stated that the 2013 event was important to demonstrate possible change “[n]ot just in Ukraine, but for Russia, for Belarus, for Moldova.” Last year, organizers canceled their demonstration following both a statement that police could not guarantee protection for participants and the beating of an activist in broad daylight. Since then, one non-governmental organization (NGO) in Kyiv has received reports of twenty-nine violent attacks and thirty-six threats against LGBTI persons.

Recently, however, Ukraine has been under pressure to improve its human rights. For instance, the European Council established deadlines for Ukraine to demonstrate such progress by making judicial and electoral reforms, as well as releasing political prisoners. Also, the CEO of Amnesty International Ukraine, Tetiana Mazur declared, “The Ukrainian legislation doesn’t provide an adequate protection and sometimes violates the rights of [LGBT] people. Ukraine is unable to guarantee the protection of their principal freedoms. The right for freedom from the discrimination, the right to security of person, integrity and the right to freedom of assembly.”

Mazur also called for Ukraine to oppose legislation that would criminalize the “propaganda of homosexuality”, and instead promote legislation addressing LGBTI discrimination. According to Misthenko, the vast majority of LGBTI people hide their sexual identities for fear of being beaten in the streets or fired from their jobs.

Several right-wing and religious groups in Ukraine threatened that, if held, this year’s march would result in violence. Archpriest Greorgy Kovalenko of the Ukrainian Orthodox Church explained that rather than a chance to defend rights, the Equality March “was propaganda for sin and sodomy.”

On May 21, 2013, Kyiv officials sought to bar events from the city center on May 25 not linked to the Kyiv City Day celebration, including the Equality March. The Kyiv city administration stated that in light of several applications for rallies supporting opposing views, the government was “obliged to take the necessary measures to ensure public order and protect people’s lives and safety.”

To prevent violence, a court in Ukraine upheld the ban on March 23.

Nevertheless, on March 25, 2013, the Equality March took place amidst strong police presence. Reports indicate that over one hundred pro-LGBTI activists were present. While demonstrators marched on Victory Avenue, Orthodox Christians denounced them by shouting slogans. One slogan included: “Ukraine is not America. Kyiv is not Sodom.”

After police detained thirteen persons protesting against gay rights, improvement appears very likely for Ukraine’s human rights.

For further information, please see:

Kyiv Post: Police Detain about ten Opponents of Equality March in Kyiv — 25 May 2013

Radio Free Europe / Radio Liberty — Gay Pride Activists Briefly March in Kyiv — 25 May 2013

Reuters — Ukraine’s First Gay March Held under Police Protection — 25 May 2013

EuroNews — Kiev Court Cites Security Reasons for Banning Gay Pride Rally — 24 May 2013

Interfax Ukraine — Organizers Try to Hold Gay Pride Parade in Kyiv on May 25 Despite Court Ban — 24 May 2013

Amnesty International — Ukraine: Kyiv Authorities in Shameful About-Face on Pride March — 23 May 2013

Human Rights Watch — Ukraine: Allow Equality March, Protect Participants — 23 May 2013

National Radio Company of Ukraine — Court Bans LGBT Equality March in Kyiv on May 25 — 23 May 2013

Reuters — Ukranian Court Bars Gay Pride Event, Citing Security Concerns — 23 May 2013

Guardian — Ukraine Gay Pride Marchers Ready to Defy Violence — 18 May 2013

Kyiv Post — Amnesty International Urging Ukraine to Adopt Laws to Combat Discrimination against LGBT People — 17 May 2013