War Crimes Prosecution Watch: Breaking News – ICC First Verdict

PILPG Press Release
Originally sent 3/14/12

War Crimes Prosecution Watch is prepared by the International Justice Practice of the Public International Law & Policy Group and the Frederick K. Cox International Law Center of Case Western Reserve University School of Law.

 

Thomas Lubanga guilty of conscripting and enlisting children under the age of 15 and using them to participate in hostilities

Press Release: International Criminal Court

March 14, 2011

 

Today, 14 March 2012, Trial Chamber I of the International Criminal Court (ICC) decided unanimously that Thomas Lubanga Dyilo is guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. It is the first verdict issued by an ICC Trial Chamber. At present, 14 other cases are before the Court, three of which are at the stage of trial.

 

The present war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities were committed in the context of an internal armed conflict that took place in the Ituri (the Democratic Republic of the Congo) and involved the Force patriotique pour la libération du Congo (Patriotic Force for the Liberation of the Congo) (FPLC), led by Thomas Lubanga Dyilo, against the Armée Populaire Congolaise and other militias, including the Force de résistance patriotique en Ituri. A common plan was agreed by Mr Lubanga Dyilo and his co-perpetrators to build an army for the purpose of establishing and maintaining political and military control over Ituri. This resulted in boys and girls under the age of 15 being conscripted and enlisted, and used to participate actively in hostilities.

 

Mr Lubanga Dyilo was the President of the Union des patriotes congolais(Union of Congolese Patriots) (UPC), the Commander-in-Chief of its military wing, the FPLC, and its political leader. He exercised an overall coordinating role regarding the activities of the UPC/FPLC and he actively supported recruitment initiatives, for instance by giving speeches to the local population and the recruits. Furthermore, he personally used children below the age of 15 amongst his bodyguards and he regularly saw guards of other UPC/FPLC staff members who were below the age of 15. The Chamber, comprising Judge Adrian Fulford (presiding judge), Judge Elizabeth Odio Benito and Judge René Blattmann, found that the evidence presented by the Prosecutor establishes beyond reasonable doubt that Mr Lubanga Dyilo’s contribution was essential to the common plan.

 

At the request of Mr Lubanga Dyilo, and in accordance with article 76(2) of the Rome Statute, the Chamber will hold a separate sentencing hearing. The Chamber will, furthermore, establish the principles that are to be applied to reparations for victims. The defence is entitled to appeal the conviction within 30 days of receiving the French translation of the Judgment.

 

Background information

 

Thomas Lubanga Dyilo, a national of the Democratic Republic of the Congo, was transferred to The Hague on 17 March 2006, pursuant to a warrant of arrest issued by Pre-Trial Chamber I. His trial, the first at the ICC, started on 26 January 2009 and the closing statements were presented by the parties and participants on 25 and 26 August 2011.

 

Over the course of 204 days of hearings, the Trial Chamber has delivered 275 written decisions and orders and 347 oral decisions. The Chamber heard 36 witnesses, including 3 experts, called by the Office of the Prosecutor, 24 witnesses called by the defence and 3 witnesses called by the legal representatives of the victims participating in the proceedings. The Chamber also called 4 experts. A total of 129 victims, represented by two teams of legal representatives and the Office of Public Counsel for Victims, were granted the right to participate in the trial. They have been authorised to present submissions and to examine witnesses on specific issues. The Prosecution submitted 368 items of evidence, the Defence 992, and the legal representatives of victims 13.

 

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, genocide and the crime of aggression. At present, 15 cases have been brought before the Court in the context of 7 situations that are currently under investigation: Uganda, the Democratic Republic of the Congo, the Central African Republic, Darfur (Sudan), Kenya, Libya and Côte d’Ivoire. The ICC Judges have issued 20 warrants of arrest (2 withdrawn following the death of the suspects) and 9 summonses to appear. Currently, five individuals are in the ICC custody and 11 suspects remain at large.

 

Editor’s Note: The verdict of the Court released this morning is available in English as a PDF here: http://www.icc-cpi.int/iccdocs/doc/doc1379838.pdf

 

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War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

SRI LANKA ABUSES CONTINUE 3 YEARS AFTER WAR ENDS

by Hibberd Kline
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka– On Tuesday, human rights group Amnesty International released a report alleging ongoing, routine, human rights abuses against ethnic Tamils in Sri Lanka by the Sri Lankan Government.

Amnesty International has accused the Sri Lankan military and paramilitary units of abducting people suspected of being critical of the government. (Photo courtesy of BBC News).

According to Amnesty, hundreds of people remain in arbitrary detention despite the end of the 26-year long civil war between the government and the Liberation Tigers of Tamil Eelam (LTTE), also known as the Tamil Tigers. A recent statement by Sri Lankan Foreign Minister Gamini Lakshman Peiris, put the number of Tamil Tiger ex-combatants still in detention at 750. However, Amnesty believes that ex-combatants are not the only ones being detained in post-war Sri Lanka.

Amnesty’s report alleges that constitutional and legal protections of individuals against wrongful incarceration and unfair prosecution have been replaced by anti-terrorism laws and emergency measures, which undermine human rights and the rule of law. Amnesty has stated that these laws were enacted during the war for the purpose of combating the Tamil Tigers, but that their post-war legacy undermines human rights.

The report further alleges that Tamils are routinely detained and abducted, denied due process, intimidated, solicited for bribes, tortured and subjected to other abuses by police and paramilitary groups. The report concedes that some of those who face unlawful detention are likely Tamil perpetrators of human rights abuses and war crimes. However, it further elaborates that many of those detained are innocent.

The report linked secret detentions and abductions in Sri Lanka to “a climate of impunity where human rights violations of all types go uninvestigated and unpunished.”

In recent months, reports of abductions have skyrocketed. Human rights advocates put the number of unexplained, reported abductions between October and February at 32. Of the 32 abductions, 5 have successfully escaped, 7 have been found dead and 20 have simply vanished.

Reports indicate that the abductions have targeted not only Tamils, but also Sinhalese and the island’s muslim minority. Those targeted include human rights activists, journalists and businessmen.

Those who have witnessed abductions often report that unidentified, armed gangs forced their victims into unmarked, white vans. Rumors have been circulating that the vans belong to the Sri Lankan Government or armed groups working on its behalf.

One unnamed senior police officer in the capital allegedly told reporters of government preparations to deal with possible protests. He said; “we have arranged to bring tear gas, and we have plenty of white vans in Sri Lanka.”

According to cabinet member Vasudeva Nanayakkara, the government “…can’t say we don’t know about it.” Nanayakkara told reporters that the military is undermining Sri Lanka’s democracy by becoming too involved in civil affairs.

Opposition member of parliament Jayalath Jayawardana also recently weighed in on the issue, saying that “Jungle law is prevailing… Without the protection or blessings of the government in power or the security forces these type of things cannot take place.”

However, as a whole, the government and security forces deny responsibility for the abductions.

According to police spokesman Superintendant Ajith Rohana; “There are abductions. It happens. But generally we are conducting investigations into the matter.” Superintendant Rohana told reporters that special teams have been assigned to investigate the abductions.

In spite of the superintendant’s assurances, abductions appear to be increasing in both number and audacity. One abduction successfully targeted a prisoner who was being escorted by guards right outside the law courts in Colombo.

According to Amnesty USA’s executive director Susan Nossel, “if Sri Lanka is serious about moving from war to peace, it needs to ensure that the rule of law is not a matter of lip-service, but is the lifeblood of the nation’s justice system.”

The United Nations Human Rights Council (UNHRC), which is currently meeting in Geneva, will vote next week on a resolution proposed by the United States urging Sri Lanka’s government to investigate allegations of war crimes and other human rights abuses. The resolution is further expected to call upon the Sri Lankan Government to seek reconciliation with ethnic Tamils.

A similar resolution passed in the United States Senate on March 1.

A recent statement from the Sri Lankan Defense Ministry laid out the government’s stance regarding the alleged abuses; “The Ministry of Defense rejects all allegations of human rights violations… it is able to prove with valid evidence that it was the LTTE that committed gross violations of human rights over the past three decades.”

The ethnic Sinhalese-dominated Sri Lankan government views outside pressure over human rights issues as a violation of Sri Lanka’s sovereignty and has responded to news of the proposed resolution by orchestrating protests across the country against the resolution. In Colombo, more than 10,000 people marched in protest of the resolution, while smaller groups petitioned U.N. and European officials at various embassies throughout the capital.

According to an article written by Human Rights Watch deputy director for Asia Elaine Pearson, several human rights groups and victims of human rights abuses in Sri Lanka have cancelled their plans to travel to Geneva for the UNHRC’s meeting due to fear of reprisal by the Sri Lankan Government.

In spite of the political saber-rattling inspired by the proposed resolution, next week’s vote is expected to be largely symbolic as the UNHRC has no power to implement an independent investigation.

Both the Tamil Tigers and Sri Lankan government forces have been accused of committing war crimes during the final stages of the counrty’s 26-year long civil war, which ended when a Sri Lankan military campaign crushed the Tigers in 2009.

For more information, please see:

CBS News — Tamil Lawmakers Want UN Pressure on Sri Lanka — 15 March 2012

Human Rights Watch — With Sri Lanka Resolution, Indonesia Has Chance to Show International Leadership –14 March 2012

Al Jazeera — Amnesty Alleges Illegal Detentions in Sri Lanka —  13 March 2012

Amnesty International — Sri Lanka’s Shameful Record on Detention without Trial — 13 March 2012

Amnesty International — Locked Away: Sri Lanka’s Security Detainees — 13 March 2012

BBC News — Amnesty Accuses Sri Lanka of ‘Post-War Abuses’ — 13 March 2012

BBC News — Sri Lanka’s Sinister White Van Abductions — 13 March 2012

Jurist — Rights Group Details Claim of Sri Lanka Detention Abuses — 13 March 2012

NPR — US Sri Lanka Should Reconcile with Tamils — 13 March 2012

Voice of America — Lawmakers Pressure Indian Government on Alleged Sri Lanka War Crimes — 13 March 2012

Human Rights Watch — Sri Lanka: US Senate Calls for Justice — 07 March 2012

1 Peruvian Miner Killed in Puerto Maldonado Uprising

by Emilee Gaebler
Impunity Watch Reporter, South America

LIMA, Peru – Last week miners throughout Peru began to protest the increased penalties for informal and illegal mining of gold.  Yesterday, early in the morning, miners in the Madre de Dios region escalated those protests in an attempt to capture control of the airport, markets and government buildings in the city of Puerto Maldonado.

Police rush to control the 10,000 protestors in Puerto Maldonado. (Photo Courtesy of NTN24 News)

One man was killed from a gunshot wound during the uprising and roughly 30 others were injured.  The 700 police officers called to the area used rubber bullets and buckshot to stop the protestors.  It is reported that 11 police officers were injured from stones thrown by the protestors.

Close to 10,000 miners took part in the uprising on Wednesday.  They were protesting the new laws that will push many un-licensed gold miners in Peru out of work.  The BBC states that an estimated 50,000 miners in Peru operate without the proper licenses and permits.  The new laws enforce stricter penalties for those caught illegally mining.  Some of the proposals make it a crime punishable by imprisonment for up to 10 years.

Peruvian officials defend the stricter penalties by pointing to the environmental concerns raised by illegal mining.  The rate of deforestation is increased by the mining.  As well, the rivers in the southeastern regions, where the illegal mining predominates, have concerning levels of mercury in them.  The mercury is used by miners in the process of extracting gold from the waters.

Officials further noted that they were not targeting the smaller organizations or individuals but instead focusing on breaking up the larger mafia-style groups that exploit economically disadvantaged people, like women and children, for their labor.

The President of Peru’s National Mining, Oil and Energy Society (SNMPE), Pedro Martinez, says that illegal mining is an important issue to tackle because of the dangers it poses.  Martinez estimates that the illegal gold mining brings in more than $2 billion per year.

“We cannot cede one centimeter in the fight against illegal mineral extraction because it puts in danger biodiversity and the health of Peruvians,” was Martinez’s statement.

The illegal mining has increased in recent years with the jump in gold prices.  A previous effort was made by the government to stop the mining when they destroyed the dredges used by the miners.  The miners believe that the government’s actions are motivated by a desire to garner a profit by selling all mining concessions to large multinational companies.  The government says they simply want the miners to obtain the correct permits so that their actions can be monitored and environmental repercussions can be limited.

 

For more information, please see;

Latin American Herald Tribune – Peru “Restoring Order” After Deadly Clashes with Miners – 15 March 2012

BBC – Peru Mining Protests Turn Deadly in Puerto Maldonado – 14 March 2012

NTN24 News – One Killed in Peru Miners Protest – 14 March 2012

The Wall Street Journal – Peru’s Informal Mining Protests Turn Deadly – 14 March 2012

Homeless Women in Canada Resorting to ‘Survival Sex’

By Brittney Hodnik
Impunity Watch Reporter, North America

OTTAWA, Canada – According to a report released by the YWCA, women in Canada are facing an increased risk of homelessness due to many factors.  Teenage girls are quickly becoming the largest demographic for the face of homelessness.  Without the government’s help, the problem will only worsen.

Women are now a very significant part of the homeless population in Canada. (Image courtesy of The Montreal Gazette / Reuters)

 

According to The Montreal Gazette, homeless women are now resorting to “survival sex” just to find a place to sleep at night.  This is a form of prostitution and ‘hidden homelessness’ where women trade sexual favors for a place to spend the night.  Additionally, some women spend the night at houses of friends and family members, but often those people exploit and abuse them, reports The Montreal Gazette.

Teenage girls make up one-third to half of homeless youths in urban areas, according to The Wall Street Journal.  While many women flee to escape abuse, they find it waiting for them in the street, forcing them into a long cycle of homelessness.  According to Ann Decter, Director of Advocacy at YWCA Canada, “as many as 60% of homeless girls have been sexually abused,” reports The Wall Street Journal.

The YWCA’s report shows that homelessness is on the rise with women for many reasons.  Donna Brooks, the executive director at Prince Albert’s YWCA said many women become homeless because of the lack of affordable housing, domestic abuse, addictions, or mental health issues, according to News Talk 650.

Although the government programs give some money to women to support themselves, reports The Montreal Gazette, it is not nearly enough to cover rent and other necessities.  Women are forced back to the streets because they cannot afford everything they need.

Another problem is the lack of beds in shelters across Canada.  The YWCA’s report says more beds, and more women only shelters would help alleviate the problem a little bit.  Eric Desjardins, a front-line worker at Ottawa shelters said that not only do shelters need more beds, but also they need more people to work with the homeless women and get them on the right track, according to The Montreal Gazette.

Desjardins said, “There is need for more beds but therapies and programs should take priority.  There is a need for more caseworkers.  They are the ones who refer people to appropriate services and programs,” as reported by The Montreal Gazette.

The YWCA Canada is the country’s oldest and largest women’s multi-service organization, according to The Wall Street Journal.  Although it reaches out to nearly 1 million women, girls, and families in Canada, there is still a shortage of beds and workers across the country.

For more information, please visit:

The French Tribune – Homeless Women Forced to Have ‘Survival Sex’ — 14 Mar. 2012

CKOM News Talk 650 — Women Face Increased Risk of Homelessness — 13 Mar. 2012

The Montreal Gazette — Lack of Shelter Spaces Forces Women to Resort to ‘Survival Sex’: Report — 13 Mar. 2012

The Wall Street Journal — Homelessness Now a “Women’s Issue,” Says YWCA Canada — 13 Mar. 2012

TIBETAN HUNGER STRIKE REACHES DAY 21

by Hibberd Kline
Impunity Watch Reporter, Asia

BEIJING, China– Three Tibetan activists marked the twenty-first day of what they have announced to be an “indefinite hunger strike” in front of the United Nations headquarters in New York City today.

Three Tibetan activists have refused food for 21 days in front of the United Nations in order to draw attention to the continuing crackdown by Chinese authorities in Tibet. (Photo courtesy of Voice of America).

The three say that they are fasting in protest of the continuing crackdown by Chinese authorities in Tibet.

No action by the United Nations or the Chinese Government to ease the situation in Tibet yet appears to be forthcoming.

However, the three human rights activists, who are confined to wheelchairs due to famine-induced weakness, cannot help but attract headlines and have succeeded in garnering a significant amount of attention.

The three activists claim to have been visited on Monday by top United Nations human rights official Ivan Simonovich, whom they purport to have told that they wish to see “concrete action” by the Chinese Government to ease the crackdown on dissent in their distant homeland. The strikers say that they shall continue their fast “indfinitely” until the Chinese Government takes such action.

Mr. Simonovich’s visit was apparently followed up today by an expression of concern for the health of the strikers from Secretary General Ban Ki-moon. Nonetheless, the Secretary General stated that he “affirms the right of all people to peaceful protest.”

The strikers hope to bring pressure to bear upon the United Nations to take action and have delivered a petition with five demands to that effect. The core demands included a request for a fact-finding mission into the situation in Tibet. The strikers also called upon China to open up the region to journalists, to end martial law in areas with large Tibetan populations and to release all political prisoners.

One of the activists, 69-year old Dorjee Gyalpo, informed journalists that he is prepared to give his life to achieve the goals of the group’s petition. The other two strikers explained that their goal is not merely to bring awareness to the Tibetan cause, but to resolve the situation.

The United Nations has informed the media that it has received the petition and is investigating the matter.

Elsewhere in New York City, on Saturday an estimated 2,000-4,000 local Tibetans marched in solidarity with protestors in Tibet and to mark the 53rd anniversary of a failed 1959 uprising against Chinese rule. Similar marches by hundreds of Tibetan exiles also occured in cities and towns in India, which houses the Tibetan Government in exile.

The protests have taken place against the backdrop of ongoing, muffled protests in Tibet itself. Human rights organizations estimate that some two dozen Tibetans, mostly Budhist monks, have set themselves on fire in China in recent months in protest of Chinese rule. Tibetan protestors also seek the safe return of their exiled spiritual leader, the Dalai Lama.

Chinese authorities have responded to the protests by branding the self-immolators as terrorists and vastly increasing the number of police and security personnel in the region. Additionally, the authorities have clamped down tightly on the internet and mobile phones in the region, in some areas reportedly blocking these forms of communication entirely.

Tibetan activists and human rights groups say that the Chinese authorities in parts of China with a sizeable Tibetan population suppress Tibet’s culture and religion and crush all public displays of dissent.

Tibet has been under varying degrees of Chinese rule ever since Chinese troops occupied the region in 1950.

For more information, please see:

Huffington Post — Self Immolations in Tibet, Hunger Strikers in New York — 14 March 2012

Voice of America — UN Chief Voices Concern for Tibetan Hunger Strikers — 14 March 2012

Al Jazeera — Fasting for Tibet outside the UN — 13 March 2012

The Telegraph India — Tibetans Decry Chinese Outrage — 11 March 2012

NBC New York — Tibetans, Activists March and Rally in NYC — 10 March 2012

Voice of America — Tibetans on Hunger Strike Demand UN Action — 09 March 2012