Syria Justice and Accountability Centre: How the Legacy of Halabja has Failed to Protect Syria

SJAC Update | March 13, 2018
The Monument of Halabja Martyrs was built in 2003, in a city that was still largely destroyed. Photo from Wikipedia.
Thirty Years Later: How the Legacy of Halabja has Failed to Protect Syria
Thirty years ago this week, Saddam Hussein’s forces attacked the Kurdish town of Halabja in Northeastern Iraq. Iraqi forces first launched a conventional attack, forcing civilians into confined basements and shelters. The air force then dropped what is believed to have been a combination of the deadly nerve agent sarin and mustard gas, effectively converting civilian shelters into gas chambers and killing an estimated five thousand people, mainly women and children. The attack was the deadliest use of chemical weapons on a civilian population in history and has become a symbol of the horrors of chemical warfare.
In the three decades since the attack, the international community has made great strides in prohibiting the use of chemical weapons. The conflict in Syria, however, is a stain on that record. To commemorate the Halabja atrocity, SJAC is looking back at why the immense progress on prohibiting chemical weapons over the past 30 years has failed to protect Syrians.
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The Syria Justice and Accountability Centre (SJAC) is a Syrian-led and multilaterally supported nonprofit that envisions a Syria where people live in a state defined by justice, respect for human rights, and rule of law. SJAC collects, analyzes, and preserves human rights law violations by all parties in the conflict — creating a central repository to strengthen accountability and support transitional justice and peace-building efforts. SJAC also conducts research to better understand Syrian opinions and perspectives, provides expertise and resources, conducts awareness-raising activities, and contributes to the development of locally appropriate transitional justice and accountability mechanisms. Contact us at info@syriaaccountability.org

The Washington Post: Trump gives the Assad regime an open invitation to keep gassing children


A Syrian girl receives treatment after airstrikes in the rebel-held enclave of Eastern Ghouta on March 7. (Amer Almohibany/AFP/Getty Images)
 March 10

NEARLY TWO weeks after the U.N. Security Council passed a resolution mandating a 30-day cease-fire in Syria, Russian and government forces are unrelentingly pursuing one of the bloodiest and most brutal offensives of the war. They are attempting to overrun the rebel-held area of Eastern Ghouta, outside Damascus, where nearly 400,000 people have been besieged since 2013. Scores of people are being killed each day; the Syrian Observatory for Human Rights counted 93 on Wednesday alone. There have been numerous reports of attacks on hospitals and schools and of the use of chlorine gas — all of which are war crimes.

Tragically, there is little new in this, apart from the intensity. Over and over, the government of Bashar al-Assad and Russia have accepted cease-fires, or “humanitarian pauses,” or “de-escalation zones” in Eastern Ghouta, only to continue their attacks. Their brazenness is enabled by the unwillingness of any other power to enforce U.N. resolutions, or the Chemical Weapons Convention, or to otherwise punish the regime or Russia for their crimes.

There is, at least, reason to hope that the impunity will not last forever. Since 2011, a U.N. commission has been meticulously gathering evidence of war crimes in Syria for presentation at the U.N. Human Rights Council, and eventually to international and national courts. Its latest report, covering the period from last July until January, offers horrifying detail about the Russian-Syrian depredations in Eastern Ghouta.

The siege, the report says, has been “characterized by pervasive war crimes, including the use of prohibited weapons, attacks against civilian and protected objects, starvation leading to acute malnutrition, and the routine denial of medical evacuations.” Hospitals and schools have been systematically bombed; on a single day, Nov. 8, three schools were struck from the air. Hundreds of medical workers have been killed or injured in airstrikes, and women have begun giving birth at home rather than risk going to a hospital.

The United Nations documented three uses of chlorine against rebel fighters in July, and another attack in November in which a phosphorus-based pesticide was used. These are carefully calibrated atrocities. President Trump ordered a retaliatory strike following the regime’s use of nerve gas last year, but he has not responded to chlorine attacks. And so they continue.

Russian forces also target civilians, and the United Nations documented one incident it says “may amount to a war crime.” Last Nov. 13, a Russian plane was observed carrying out a series of airstrikes on the main market as well as surrounding houses in the town of Atarib, in Aleppo province. The report says at least 84 people were killed, including six women and five children. It said the plane dropped unguided “blast weapons,” even though “the use of such weapons in a densely populated area was certain to impact civilians.” That, no doubt, was the intention.

As the Ghouta offensive has continued, the State Department has objected; spokeswoman Heather Nauert castigated Russia on Twitter. The trouble is, Moscow knows that Mr. Trump feels differently. When he was asked about Eastern Ghouta, on Feb. 23, the president reiterated his view that the only U.S. interest in Syria was “to get rid of ISIS and to go home.” For the Assad regime and Russia, that’s an open invitation to continue gassing children, bombing hospitals and committing other war crimes.

Syria Deeply: The latest developments from Eastern Ghouta, Afrin, Idlib, the Aleppo countryside and Daraa

Syria Deeply
Mar. 12th, 2018
This Week in Syria.

Welcome to Syria Deeply’s weekly summary of our coverage of the crisis in Syria.

As the Syrian conflict enters its eighth year, Syria Deeply is collecting insights from our expert community about what the war has taught us about 21st century conflicts. We invite you to share your expertise about the most important developments and lessons here.

Eastern Ghouta: The death toll in East Ghouta continued to rise this week, as pro-government forces continued their aerial and ground offensive on Damascus suburbs that have been under siege for more than four years.

Over the weekend, Syrian troops reportedly cut off the major towns of Douma and Harasta from the rest of the opposition enclave and seized the towns of Misraba and Mudeira. The advance split the Eastern Ghouta suburbs in two, as pro-government forces established a corridor that cuts through the opposition holdout.

More than 1,100 people have been killed since the start of the campaign three weeks ago, according to the Syrian Observatory for Human Rights (SOHR). Civilians in the area are now faced with the difficult choice of either staying in East Ghouta amid the pro-government advance, despite the deadly aerial campaign and the lack of necessary medical and food supplies, or evacuating to government-run shelters.

The SOHR said on Monday that negotiations were ongoing between community leaders from certain towns in East Ghouta, and mediators from the capital. The Russian military said late on Sunday that 52 civilians, including 26 children, had been evacuated from Misraba, according to Reuters.

Jaish al-Islam, one of the main rebel groups in the area, said on Monday it reached an agreement with Russia through the United Nations to evacuate the wounded, the Associated Press reported. A day earlier, Faylaq al-Rahman, another major rebel group, said in a statement that it rejected a previous Russian proposal that would allow them safe passage out of East Ghouta if they surrendered the enclave to government forces.

Northern Syria: Turkish troops and allied rebels reached the outskirts of the Kurdish-held city of Afrin over the weekend. Ebrahim Ebrahim, a Europe-based spokesman for the Syrian Kurdish Democratic Union Party (PYD), told theAssociated Press that thousands are fleeing the area as Turkish-backed fighters advance on Afrin. According to Al Jazeera, others are planning to erect a human shield to protect the center of Afrin from Turkish forces.

Elsewhere in northern Syria, there have been clashes between major opposition groups vying for control in the countrysides of Aleppo and Idlib provinces for more than a week. Clashes began after rebel groups Ahrar al-Sham and Harakat Nour al-Din al-Zinki announced last month they would merge forces in an attempt to seize territory controlled by the al-Qaida-linked Hayat Tahrir al-Sham (HTS).

Meanwhile, Syrian government and Russian airstrikes are escalating in Idlib province. SOHR reported that at least seven people were killed in air raids on Sunday and Monday, and at least a dozen more people were injured. Syrian Civil Defense officials said one of the airstrikes hit a preschool in Teftenaz village on Monday, injuring at least 20 people, the Turkish Anadolu Agency reported.

Southern Syria: Syrian warplanes reportedly hit the southwestern province of Daraa on Monday, despite the de-escalation zone deal that Russia, the United States and Jordan agreed to in July, according to SOHR. In the first aerial attack since the de-escalation agreement, at least eight raids targeted the eastern Daraa towns of Busr al-Harir, Hrak, al-Gharaiya al-Gharbiya and al-Sowara, Reuters reported.

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Brazilian Supreme Court rules pregnant women will no longer await trial in jail

By: Emily Green
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – The Brazilian Supreme court issued a groundbreaking human rights ruling that people accused of non-violent crimes are allowed to await trial under house arrest instead of in detention centers. This rule applies to women who are pregnant, who have children up to twelve years of age, and people with disabilities.

Painted fingernails at a women’s prison in Brazil. Image Courtesy of Ueslei Marcelino.

This decision came in the wake of public outcry about pretrial detention conditions. In December, Human Rights Watch reported that conditions were worsening and pre-trial detention was growing dramatically. Brazilian prisons lack adequate care for pregnant women and newborns. Prenatal and postpartum medical care are minimal or non-existent. Also, two thirds of female detention centers lack designated facilities for pregnant women and babies.

Before this decision, the Brazilian Criminal Code stated that judges “may” determine house arrest instead of preventative detention when a woman is pregnant or has a child of up to twelve-years-old. Now, justices have decided that this exception needs to become a rule. After the decision is published, courts will have to comply with the order within sixty days. Human Rights Watch estimates that up to 15,000 women could be released. However, it will not affect inmates who have been found guilty.

While Human Rights Watch celebrates the ruling, the organization says Brazil still has work to do on prison reform. Brazil must address “excessive pretrial detention for all, and ensure all pregnant women and mothers in detention are held in humane conditions, with adequate health care, in compliance with Brazilian law and international standards.”

The public outcry stemmed from stories like Jessica Monteiro’s. She was arrested for allegedly possessing ninety grams of marijuana. At twenty-four years old, she had no criminal record, was pregnant, and was throw into a filthy police precinct cell. She went into labor the next day and was taken to a hospital to give birth. The court held a hearing in her absence where a judge ruled that she should remain in jail pending her trial. A few days later, police returned her to the cell where she slept on a mattress on the floor with her newborn.

Several have raised criticism over the ruling. The President of the Federation of Penitentiary Servants, Allan Vieira, stated that “women could be used by criminal enterprises to commit crimes while on house arrest including carrying weapons and drugs into the jails.”

While this will not affect the male incarceration rate, officials hope this will relieve overcrowding in women’s prisons.

For more information, please see:

IR Insider – Brazil Supreme Court Issues Landmark Human Rights Ruling – 4 March 2018

The Nation – Deceit at a Brazilian ‘Crisis Pregnancy Center’ – 28 February 2018

The Jurist – Brazil top court rules pregnant woman will no longer serve pre-trial detention in jail – 23 February 2018

Human Rights Watch – Pregnant Women Will No Longer Await Trial in Brazilian Jails – 23 February 2018

Folha de S. Paulo – Pregnant Women and Mothers of Children of Up to 12 Years of Age to Be Placed on House Arrest – 21 February 2018

Sri Lanka Declares a State of Emergency

By: Katherine Hewitt
Impunity Watch Reporter, Asia

 COLOMBO, Sri Lanka – After recent acts of community violence between religious groups in Kandy, Sri Lanka, the government declared a state of emergency. Soldiers are now patrolling civilian areas in the city of Kandy. The declaration will last 10 days, after which the parliament will need to vote on furthering military action.

Sri Lankan soldiers remove debris after an attack in Digana, a suburb of Kandy. Photo courtesy of Pradeep Pathiran/ AP.

The violence in Kandy began in March 2018 when a group of Muslim men were accused of killing a Sinhala Buddhist man. Buddhists represent 75% of the population of Sri Lanka. In response, they targeted Muslim-owned businesses, homes, and a mosque, burning them down. Upon their arrest a group of Buddhist monks, known for violence, traveled to Kandy to attempt to release the men. However when they were not successful in their mission, they turned to creating violence in the city. The police stepped in arresting several and setting a curfew.

This is not the first attack against Muslims by Buddhists in Sri Lanka.  Since the end of the Civil War in 2011, tensions between the two religious groups have grown more tense.  A Sri Lankan expert at International Crisis Group notes that Buddhist attacks on Muslim populations occur quite regularly.

The government is concerned about the potential spread of religious violence throughout Kandy and the nation after this last wave. The Prime Minister posted on Twitter “As a nation that endured a brutal war we are all aware of the values of peace, respect, unity & freedom. The Gov[ernment] condemns the racist & violent acts that have taken place over the last few days. A state of emergency has been declared & we will not hesitate to take further action.”

The state of emergency also widens the power of the police to detain suspects. Amnesty International’s South Asia Director, Biraj Patnaik, is afraid that these powers could threaten the rights of minority groups and cautions the Sri Lanka government to follow obligations under International Human Rights Law.

For more information, please see:

Amnesty International – Sri Lanka: State of emergency must respect human rights – 6 March 2018

The Guardian – Sri Lanka declares state of emergency after communal violence – 6 March 2018

Human Rights Watch – State of Emergency Declared in Sri Lanka – 7 March 2018