ICC Denies Palestine’s Request Until UN Status Changes

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

GAZA CITY, Israel – On Tuesday, 3 April, the International Criminal Court (“ICC”) denied the Palestinian Authority’s request for the ICC to have jurisdiction within the Palestinian territories.  The Palestinian Authority wanted The Hague’s war crimes tribunal to investigate the 2008-2009 Gaza War where 1,400 Palestinians and 13 Israelis lost their lives.

Gazans run from an Israel air strike on 17 January 2009. (Photo Courtesy of Haaretz)

The Israeli foreign ministry commented that the country applauded the ICC’s decision although Israel is not a member of the ICC.

The Palestinian Authority declared the ICC has unilateral jurisdiction for “act committed on the territory of Palestine since 1 July 2002” in January 2009.  After reviewing the Rome Statue, the ICC’s founding treaty, ICC Chief Prosecutor Luis Moreno-Ocampo announced the ICC did not have jurisdiction within Palestine.  Article 12 of the Rome Statue specifies only a “state” can extend the ICC’s jurisdiction to its state.

The Palestinian Authority could sign the 1998 Rome Statue after Palestine qualifies as a “state” by the “relevant bodies” by ICC member countries or at the UN.  The Palestine Liberation Organization (“PLO”) presently holds an “observer” status rather than a “non-member observer state” status at the UN although over 130 governments recognize Palestine as a state.

Amnesty International warned that this decision could deny justice to the victims of alleged crimes from Palestine and Israel that occurred during the Gaza war.

Marek Marczynski, head of the International Justice campaign, said, “This dangerous decision opens the ICC to accusations of political bias and is inconsistent with the independence of the ICC.  It also breaches the Rome Statue which clearly states that such matters should be considered by the institution’s judges.”

On Wednesday, 4 April, Chief Prosecutor Moreno-Ocampo clarified that Palestine could sign the Rome Statue if it received the UN status of non-member observer state.  The UN Security Council has not voted on the membership application Palestine submitted on 23 September 2011.  The United States asserted it would veto the application.  However, the General Assembly would likely approve an application for non-member observer state status if it submits one.

If Palestine receives this new status, Israel could avoid ICC intervention on this matter because Israeli courts have the capacity to try troops for the alleged crimes from the Gaza war.  However, the ICC could later investigate possible violations that occur within the settlements, where the Israeli courts would have less credible means to handle the matter.

Human Right Watch’s Executive Director Kenneth Roth stated, “Today’s decision appears to close the door for now on access to the ICC for victims of international crimes committed in the Palestinian Territories – at least until the General Assembly recognizes Palestinian statehood.”

For more information, please see:

BBC – ICC Prosecutor Rejects Palestinian Recognition – 4 Apr 2012

The Times of Israel – Israel Won The Battle At The ICC, But Not The War – 4 Apr 2012

Washington Post – AP Interview: Prosecutor Says Palestinians Could Join ICC As A UN Non-Member Observer State – 4 Apr 2012

The Chicago Tribune – Hague Court Rejects Palestinian Call To Take On Cases – 3 Apr 2012

 

Colombian Rebel Group Releases 10 After Over A Decade In Captivity

By Paula Buzzi
Impunity Watch Reporter, South America

VILLAVICENCIO, Colombia – 10 hostages, including six police officers and four soldiers, were freed this week after being held in captivity for over a decade in the Colombian jungle by the leftists Revolutionary Armed Forces of Colombia (FARC).  Their release comes after numerous failed peace negotiations with the Colombian government and the FARC’s announcement on February 26 that it would halt ransom kidnappings.

Many of the hostages released today were accompanied by nurses, some carrying the Colombian flag, and others carrying wild animals they had tamed during their captivity in the jungle. (Photo Courtesy of Fox News).
Many of the hostages released April 2 were accompanied by nurses. Some carried the Colombian flag, and others carried wild animals they had tamed during their captivity in the jungle. (Photo Courtesy of Fox News).

The freed hostages were picked up in a secret jungle rendezvous point in Villavicencio by a loaned Brazilian air force helicopter, and were taken to Bogota to be reunited with their family and friends. Some of the hostages were unable to walk on their own and had to be accompanied by nurses.

Olivia Solarte, the mother of 41-year-old former hostage and police officer, “Trujillo,” was overjoyed when she found out her son had been freed after being held captive since 1999. “I shouted! I jumped up and down!,” she told reporters. Solarte was among many relatives waiting at the airport for the arrival of the freed hostages.

The FARC is Colombia’s oldest and most powerful guerilla, and has been at war with the Colombian government since it first took up arms in 1964. The FARC has become notorious for kidnapping government forces and civilians and holding them ransom in exchange for money and other demands. The Colombian government has had at least two serious peace negotiations with the FARC over the past three decades but both negotiations ended unsuccessfully.

Due to military setbacks, such as changes in top command officers, the FARC has become noticeably weaker in the past recent years. On February 26, FARC leaders announced that they would release hostages and stop the kidnappings — a move some people see as a genuine step towards peace. “I don’t know if that brings Colombia closer to peace, I don’t know if things will end well or not, but do I know [the hostages’ release] proves the Farc wants to negotiate,” says Ariel Avila, from Corporacion Nuevo Arcoiris.

Colombian President Juan Manuel Santos is weary about the FARC’s new commitment to peace, emphasizing that hundreds of civilians are still believed to be held captive by the FARC. “Make no mistake: this government has a policy, which consists in facing the violent groups with all its might,” he said.

The citizens’ watchdog group Fundacion Pais Libre says that at least 400 people have been kidnapped since 1996 that have yet to be freed. Fundacion Pais Libre maintains the list of people kidnapped and does not expunge a name from its records until the person is released or until their body has been found.

 

For further information, please see:

BBC News – Colombian Hostages’ Long Wait For Freedom – 04 April 2011

CNN  – Freed Colombian Hostages Carry Pets Tamed In The Jungle – 04 April 2012

Fox News – Colombia Rebel Group Frees Captives Held For 12 Years – 03 April 2012

The New York Times – Colombian Rebels Free 10, Raising Hopes of Peace Talks With Government – 02 April 2012

 

Liberian Gays Targeted on Hit List

By Tamara Alfred
Impunity Watch Reporter, Africa

An anti-gay group in Liberia released a “hit list” on April 3 of people they believe should be punished for their participation in the gay rights movement.

Anti-gay sentiment has long dominated society in Africa. (Photo Courtesy of InformAfrica.)

Movement Against Gays in Liberia (MOGAL) distributed fliers over the weekend in parts of Liberia’s capital, Monrovia, threatening to take out the individuals one by one.  The fliers allege that gays and lesbians want to destroy Liberia and do not have the nation’s best interests at heart.  MOGAL said those involved in promoting gay rights “should not be given space to get a gulp of air.”

“Having conducted a comprehensive investigation, we are convinced that the below listed individuals are gays or supporters of the club who don’t mean well for our country,” the fliers read.  “Therefore, we have agreed to go after them using all means in life.”

While no individual MOGAL members signed the fliers, Moses Tapleh, a 28-year-old affiliated with the group, stressed that its threats should be taken seriously.  “We will get them one by one,” he said.  “They want to spoil our country.”

When asked what action might be taken against those on the list, Tapleh said they could be subjected to “dangerous punishments” including “flogging and death.”

The flier warned that MOGAL would begin taking action soon.  “Let these individuals be aware that we are coming after them soon,” the flier reads.  “We urge them to also begin saying their Lord’s prayers.”

One of the persons whose name appeared on the list already reported receiving threatening phone calls.

The fliers are yet another example of the growing hostility towards gays and lesbians on the west coast of Africa.  Liberian law currently does not explicitly address homosexuality.  “Voluntary sodomy” is a misdemeanor punishable by up to one year in prison.  President Ellen Johnson Sirleaf last month vowed to preserve this law, prompting a statement of concern from the U.S. State Department.

Additionally, last February, two proposals were introduced in the legislature making homosexuality punishable by prison terms.  One of the proposed bills would make same-sex sexual practice a second-degree felony, punishable by up to five years in prison.  The other bill would make same-sex marriage a first-degree felony, with sentences ranging up to 10 years in prison.

Graeme Reid, director of the LGBT Rights Program at Human Rights Watch, said the emergence of the “hit list” should put pressure on President Sirleaf to take a stance in support of gay rights.  Simply refusing to sign the new anti-gay laws was insufficient, according to Reid.

“She cannot sit on the fence when there’s this kind of provocation taking place,” said Reid.  “She needs to take a clear and unequivocal stance on this issue.”

Homophobia is widespread in Africa.  Last year, Nigeria voted in favor of a bill that would criminalize gay marriage, gay advocacy groups and same-sex public displays of affection.  In 2009, Uganda introduced a bill that would impose the death penalty for some gays and lesbians.  Even in South Africa, the only African nation to recognize gay marriage, so-called “corrective” rapes have been carried out on lesbians.

For more information, please see:

Africa Review – Anti-gay hit-list in circulation in Liberia – 4 April 2012

Scrimac.com – Liberian Gays Threatened With Death on Hit List Fliers – 3 April 2012

The Washington Post – Anti-gay group in Liberia issues hit list, threatens to ‘get to them one by one’ – 3 April 2012