Iran Human Rights Documentation Center: Update From 19th Session Of UN HRC in Geneva–Presentation Of Ahmed Shaheed’s Report
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.
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.
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