• Dutch parliament passes genocide bill

    The Netherlands earlier this week passed a bill that allowed them to extend the possibly of detecting and prosecuting genocide suspects.

    The bill, which now needs to be approved by the Senate, allows prosecutors to consider cases of genocide further retrospectively than currently allowed and also permits greater co-operation with international courts.

    Currently, only genocide cases with crimes committed after the 1st of October 2003 can be considered before Dutch courts, a loop hole that has allegedly allowed many suspected war criminals to flee to the country.

    The new bill though allows cases as far back as the 18th of September 1966, when the Genocide Convention Implementation Act in the Netherlands came into force, to be prosecuted for.

    Former Minister for Justice, Ernst Hirsch Ballin, who proposed the bill said,

    "It is unacceptable that an alien who is otherwise guilty of genocide is immune from prosecution, because the Netherlands, before the time of the crime, had no jurisdiction. This sends an undesirable signal to victims and their families."

    The move has been welcomed by many groups, including those seeking justice for victims of the 1994 Rwandan genocide, and have urged other European countries to emulate the bill.

    The head of the Genocide Fugitive Tracking Unity, Jean Bosco Siboyintore said,

    "We have so far identified more than 30 Rwandan Genocide suspects living in the Netherlands, we are in touch with our Dutch counterparts and once this bill becomes law, these fugitives will be prosecuted with the deserved crime they are suspected to have committed in 1994."

    At the moment, those looking to prosecute alleged genocide suspects have to seek alternate charges of war crimes or torture, as was the case with Rwandan suspect Joseph Mpambara who was sentenced by a Dutch district court to life imprisonment in July for war crimes during the genocide.

    The bill also opens up greater co-operation with international criminal tribunals, allowing Dutch courts to take over and continue prosecuting alleged war criminals. This means that the burden will be reduced at major international tribunals, who tend to target only the major suspects at large.

    If the bill sees full implementation, criminals can now be transferred over to Dutch authorities to stand trial.

  • UN committee endorses peoples' right to self-determination

    The UN committee responsible for social, humanitarian and cultural affairs adopted a draft resolution on a peoples' right to self-determination on Tuesday.

    The draft resolution, entitled 'Universal Realisation of the Right of Peoples to self-determination' was written by Pakistan and co-sponsered by over 50 countries including China.

    The resolution states,

    "the universal realisation of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights."

    It also calls upon states" to cease immediately their military intervention in and occupation of foreign countries and territories and all acts of repression, discrimination, exploitation and maltreatment, in particular the brutal and inhuman methods reportedly employed for the execution of those acts against the peoples concerned."

    The committee, known as the UN General Assembly's Third Committee, focuses on a range of social, humanitarian affairs and human rights issues.

  • US soldier convicted of killing Afghan civilians

    US soldier was convicted of three counts of murder, of conspiring to commit murder and other crimes, including assaulting a fellow soldier and taking fingers and a tooth from the dead, on Friday.

    Staff Sgt. Calvin Gibbs, sentenced to life in prison for his crimes, was the leader of the US army unit responsible for the killing of three Afghan civilians last year.

    In all five soldiers have been charged with killing civilians. Some soldiers took pictures posing with the dead and took body parts as trophies.

    Witnesses stated that Gibbs had orchestrated scenarios after the murders to give the impression of legitimate combat, by detonating grenades or planting weapons by the civilians.

    See our earlier post: Leader of US ‘Kill Team’ begins trial (Oct 2011)

  • Air strike on South Sudan refugee camp condemned

    The United Nations has confirmed reports that Sudan has bombed a refugee camp in South Sudan after a flare up of tensions between the two nations, leaving twelve dead and more than 20 wounded.

    UN High Commissioner for Human Rights Navi Pillay called for an “independent, thorough and credible investigation” and said,

    “If indeed it is established that an international crime or serious human rights violation has been committed, then those responsible should be brought to justice.”

    The bombings were denied by Sudan, who labelled them as “fabrications”.

    This was strongly contested by U.S. Ambassador Susan Rice who said that the denials were “outrageous” and Sudan had "blatantly lied". She went on to say,

    “We condemn in the strongest possible terms the aerial bombardment of targets by the north in South Sudan — including the most outrageous, which was the bombing of Yida refugee camp, housing 20,000 people, repeatedly by air over the course of several hours.”

    The United States also pressed the U.N. Security Council to adopt a statement condemning Sudan’s government for the attack and claimed they had bombed at least two other targets in recent days.

    Violence on the border between the two nations have increased since South Sudan declared independence in July.

  • Kosovan politician pleads not guilty to war crimes

    A former Kosovo Liberation Army commander turned Member of Parliament, Fatmir Limaj, has pleaded not guilty to charges allegedly torturing and executing Serb prisoners during the 1998-99 Kosovo war.

    See report by the Associated Press here.

    Limaj is also the deputy president of the ruling Democratic Party of Kosovo and his case marks the first time a high-ranking KLA commander is being tried for war crimes before the local judiciary, chaired by British judge Jonathan Welford-Carroll.

    He stands accused of running a detention centre on Klecka, where Serb prisoners of war were kept and faces a maximum sentence of 40 years if found guilty.

    He was originally tried before the International Criminal Tribunal for the former Yugoslavia in The Hague, but was acquitted due to lack of evidence.

    There has been opposition to the trail from organisations such as the Veterans Association of the Kosovo Liberation Army who have accused the EU mission of "conducting a witch hunt" against the former rebels and trying to place them on par with the Serbian regime.

    Nine other former KLA members also face trial alongside Limaj, all of whom pleaded not guilty.

    See our earlier post: Senior Kosovo politician detained on suspicion of war crimes (Sep 2011)

  • Human rights groups urge Arab League to back Syria's referral to ICC

    Amnesty International and Human Rights Watch called on the Arab League to endorse the UN Security Council motion to refer Syria to the International Criminal Court on allegations of crimes against humanity. 

    In a report,'We Live as in War', released on Friday, the Human Rights Watch said,

    "Human Rights Watch believes that the nature and scale of abuses committed by the Syrian security forces across the country indicate that crimes against humanity may have been committed.

    "The similarities in the cases of apparent unlawful killings, including evidence of security forces shooting at protestors without warning in repeated instances, arbitrary detention, disappearances, and torture, indicate the existence of a widespread and systematic attack against the civilian population which has the backing of the state."

    The Arab League needs to tell President Assad that violating their agreement has consequences, and that it now supports Security Council action to end the carnage.”

    The report also highlighted the difficulty in obtaining accurate information given the Syrian regime's efforts to prevent the truth from being exposed,

    "Obtaining accurate information about events in Syria is challenging as the authorities put enormous efforts into preventing the truth from getting out.

    "This report is based on interviews conducted by Human Rights Watch staff with more than 114 residents of Homs as well as a review of 29 interviews videotaped by Syrian activists.

    "The government has refused Human Rights Watch access to Syria, so we conducted interviews with residents who had escaped to neighboring countries and over the Internet with witnesses inside Syria.

  • Nations remember war dead on Armistice Day

    Photograph BBC news

    Children lay poppies in Trafalgar Square, London

    Across the world, nations remembered their war dead on Friday 11th November, Armistice Day.
     
    The date marks the anniversary of Germany signing the Armistice agreement on the 11th hour of the 11th day of the 11th month in 1918. 
     
    In the UK, the Remembrance Day ceremony was held at the Cenotaph. The British Prime Minister, David Cameron, said,

    "We stand together to honour the incredible courage and sacrifice of generations of British servicemen and women who have given their lives to protect the freedoms that we enjoy today."

    "We stop to say thank you. And to remember those who are no longer with us but whose sacrifice and valour will be honoured long after we are gone. 

    Observing Veterans Day, President Obama hosted a veterans breakfast at the White House, before laying a wreath at the Tomb of the Unknowns and speaking at a Veterans Day ceremony at Arlington National Cemetery.

    Speaking at Arlington cemetry, Obama said,

    On behalf of a proud and grateful nation, we thank you.”

    Urging Americans to recruit veterans, Obama stated, “They’ve earned their place among the greatest of generations.”

    In Afghanistan, Philip Hammond, the new British defence secretary, laid a wreath during a service at Camp Bastion.

    Hammond said,

    "I regard it as critically important that we're here to show how important it is to us the sacrifice that is continuing to be made

    "[Afghanistan] is now the only place in the world where British troops are in active daily danger and lives are being lost and I think it is a way of showing the value that we at home place on the sacrifice and the dedication and the commitment that people there are showing."

    Although originally intended to exclusively remember those who had died during the World War I, the day, referred to as Remembrance Day within the Commonwealth and Veterans Day in the US, is increasingly commemorated in memory of all soldiers who have died in conflicts since. Most recently, France has announced its decision to follow suit.

    See Remembering for the future (Nov 2009)

  • Russia rules out Iran sanctions

    The Russian foreign ministry has ruled out plans by the US, Britain and France to impose new sanctions on Iran following the release of a UN report that claims Iran may be trying to develop nuclear weapons.

    Russian deputy foreign minister, Gennadi Gatilov, told Interfax news agency

    “The world community will see all additional sanctions against Iran as an instrument of regime change in Tehran,”

    “This approach is unacceptable to us, and the Russian side does not intend to consider such a proposal.”


    In a statement the Russian foreign ministry called the report “a compilation of well-known facts that have intentionally been given a politicized intonation.”

    The statement claims the report’s authors “resort to assumptions and suspicions, and juggle information with the purpose of creating the impression that the Iranian nuclear program has a military component.”

    Russia’s dismissal of the report was “stronger than I would have expected,” said Cliff Kupchan, a senior analyst at the Eurasia Group, a consulting firm, according to the New York Times.

    “Russia has sought to stay in reasonable step with the U.S., and its reaction today sharply rebuts U.S. policy,”

    “The Russian view is that this report revealed details, did not draw conclusions, alienated the sides from diplomacy and is not constructive.”

    China on the other hand has been comparatively quiet, saying on Wednesday it is still studying the report and appealed to all sides to “facilitate dialogue and cooperation”.

    However, Israeli Prime Minister Benyamin Netanyahu has accused Iran of endangering world peace.

    "The significance of the report is that the international community must bring about the cessation of Iran's pursuit of nuclear weapons which endanger the peace of the world and of the Middle East”

    "The IAEA [International Atomic Energy Agency] report corroborates the position of the international community and of Israel that Iran is developing nuclear weapons," Mr Netanyahu said in a statement.

  • Rights groups slam Commander Sheka candidacy - Congo

    Human rights groups, including Human Rights Watch, have expressed outrage at Commander Ntabo Ntaberi Sheka, who is wanted by the Congolese government for his involvement in the 2010 mass rape commited in the Walikale area of eastern Congo, standing to represent the very same district in Parliament.

    Between July to August 2010, Sheka, the leader of the Congolese rebel group Mai-Mai Sheka, led his troops through  13 villages in Walikale, raping hundreds of villagers, including children and elderly women. Over 116 people were reportedly abducted.

    In a press statement, Anneke Van Woudenberg, senior Africa researcher for Human Rights Watch, said,

    Congolese authorities should be arresting Sheka for mass rape whether he is running for office or not,”

    The failure to arrest someone who is out publicly campaigning for votes sends a message that even the most egregious crimes will go unpunished.”

    According to Congolese law, Commander Sheka would be immune from prosecution if elected. However, Hiroute Guebre Sellassie, the most senior United Nations official in North Kivu Province said, “does not mean that he is not going to face justice at one point."

    Elections are due to take place later this month amidst widespread violence and voter intimidation.

    Following the release of a damning report on election violence, the United Nations high commissioner for human rights, Navi Pillay, said on Wednesday,

    The kind of intimidation, threats, incitement, arbitrary arrests and violence that we have documented is unacceptable,”

     

  • Bosnian Serb jailed for Sarajevo war crimes
    A former Bosnian Serb soldier has been sentenced to 18 years imprisonment for war crimes committed during the 1992-1995 siege of Sarajevo, the Bosnian capital.

    The defendant, Sasa Baricanin, was found guilty of murder, enslavement and rape by a war crimes court in Bosnia and Herzegovina.

    The court heard how he had broken into a family apartment and shot several of the residents dead, before repeatedly raping one of the females there. He then came back with a colleague and proceeded to rape her for several days.

    The victim came forward to testify at the trial and was a protected witness. 
    "We see the verdict as an amnesty,"
    said Bakira Hasecic, president of the association Women-Victims of War.

    The U.N. Special Representative on Sexual Violence in Conflict, Margot Wallstroem, welcomed the sentencing, but noted that obtaining justice for victims of sexual violence has been a slow and tedious process.
    “To date, there have been just 30 convictions in response to an estimated 50,000 rapes during the years of war.
    While it is a positive step that the War Crimes Court in Sarajevo has reached this verdict, the pace of justice for sexual violence survivors has been painfully slow.”
    She went on to praise the courage of the victims and witnesses who came forwarded and testified in this case.
    “Ultimately, their actions contribute to strengthening the rule of law in Bosnia as a whole. It is crucial that these and other witnesses are afforded full legal protection, and I trust that the relevant authorities will take all possible measures to ensure their safety.
    “This case is yet another testament to the resilience of Bosnian women who have joined forces in their quest for justice, both within and beyond the courtroom.”
  • UN prosecutor wants to investigate who helped Serb war crimes suspects
    The Chief Prosecutor in the UN tribunal for war crimes has asked Serbian authorities to probe into how Ratko Mladic and another suspect were able to evade arrest and who helped them to do so.

    Serge Brammertz, prosecotur for the International Criminal Tribunal for the former Yugoslavia made the statement as he visited Serbia, ahead of delivering a report to the UN Security Council on Serbia’s compliance with the war crimes trial.

    Serbia, whose acceptance into the EU is thought to hinge heavily with their compliance with the Hague tribunal, is hopeful of a positive report after the capture of Bosnian Serb army commander Mladic and former Croatian Serb rebel leader Goran Hadzic earlier this year, the last two fugitives the tribunal wanted.

    However, Brammertz has insisted that they investigate how the two were able to avoid capture for so long and who aided them.

    Serbian government official, Rasim Ljajic told reporters,
    "We will investigate and reconstruct the movement of all war crimes suspects and see who helped them. More or less, Mladic's movements until February 2006 are known ... then, he disappeared.
    "Now, we are reconstructing his movements from that period till his capture."
    Mladic spent 16 years on the run and Hadzic 7 years. they were beleived to be sheltered by former war time contacts and sections of the Serbian secret service. They now both face heavy jail sentences at the Hague for charges of genocide, crimes againsty humanity and war crimes.

  • Indian Court sentences Hindus for life

    31 Hindus have been jailed for life for the killing of 33 Muslims during the 2002 riots in Gujarat.

    A mob burned down a house where a group of Muslims were sheltering from violence during riots that engulfed the Indian state of Gujarat.

    41 others were acquitted of all charges due to lack of evidence.

    The riots started after a fire on a train that killed 60 Hindu pilgrims, was thought to have been an attack by Muslims. In the ensuing violence more than 2000 Muslims are thought to have died across northern India, with most deaths occurring in Gujarat.

    Chief Minister of Gujarat Narendra Modi is alleged to have been aiding the Hindu mobs by calling off the police. A Gujarati police officer has accused Modi of instructing officials and police at a meeting to ‘go easy’ on the rioters and let them have their way.

    An inquiry into complicity by state officials is yet to be made.

    In 2005 a federal government inquiry concluded the fire was an accident, most probably caused by cooking in one of the carriages.

  • Outrage over Fifa ban on England footballers wearing poppies

    Calls for Fifa to reconsider its ban on England footballers wearing shirts embroidered with poppies this weekend of Remembrance Sunday increase as the international governing body reject the FA's (Football Association's) second request to overturn the ban.

    The British Prime Minister, David Cameron said,

    "The idea that wearing a poppy to remember those who have given their lives for our freedom is a political act is absurd.

    "Wearing a poppy is an act of huge respect and national pride."

    In a letter to Fifa, UK Sports Minister, Hugh Robertson, wrote,

    "Wearing a poppy is a display of national pride, just like wearing your country's football shirt.

    "The British public feel very strongly about this issue - it is not religious or political in any way."

    Prince William (Duke of Cambridge) is also said to be "dismayed" by the decision and has pledged to write to Fifa himself.

    In a statement, Clarence House said,

    "The Duke's strong view is the poppy is a universal symbol of remembrance, which has no political, religious or commercial connotations."

    In a tweet, injured England midfielder Jack Wilshere said,

    "My great-grandad fought for this country in WW2 and I'm sure a lot of people's grandparents did.

    "England team should wear poppies on Saturday. It's the nation's tradition and it would be disrespectful not to."

    Fifa dictates that shirts should not carry political, religious or commercial messages. It has endorsed the FA's decision for English footballers to wear a black armbands during their match against Spain this Saturday.

    England footballers did not wear poppies in the recent past, when playing against Argentina on 12 November 2005 and Sweden on 10 November 2001.

    Commenting on the furore, FA spokesman said,

    "a greater focus has been given to the level of support and respect shown by the national teams over the past five years."

     "Since 2005, our clubs have all begun to wear poppies on their match shirts in domestic games for the early part of November as a mark of respect for those who lost their lives serving their country.

    "The FA and England team have built very strong relationships with Tickets4Troops, Help for Heroes and the Royal British Legion over the past five years.

     

    "As part of this growing commitment, we wanted to show our respect and support this weekend by wearing the poppy and our players are very passionate and vocal about this."
  • Ohio torture case against former Somali colonel to go ahead

    A former Somali colonel living in Ohio is to be prosecuted for torturing a human rights activist in 1988.

    Abdi Aden Magan sought to have the case dismissed by a federal court by arguing it was filed in the wrong country and too long after the alleged abuse occurred.

    Plaintiff Abukar Hassan Ahmed filed a case against Magain in 2010, alleging the colonel was responsible for his detention and torture.

    US District Court Judge George Smith ruled Ahmed could sue Magan in the United States, relying in part on a motion passed by the US Department of State, saying Magan should not be able to claim immunity from the allegations.

  • Khmer Rouge prosecutor confident of ‘strong’ case
    The international prosecutor for the UN-backed war crimes tribunal in Cambodia, has stated that he is confident of prosecutions against four former leaders of the Khmer Rouge, as the case goes to trial later this month.

    Speaking to Voice of America Khmer, Andrew Cayley said,
     “I think that the case is a very strong one against these individuals because of the size and scope of the crimes that were committed.
    There is documentary evidence that links them with the crimes on the ground, including publications of the Khmer Rouge, and including other documentary evidence.”
    His position was backed by Hong Kim Suon, a lawyer for civil parties, who said the prosecution had very strong evidence, including,
    “witnesses, documents, audio, images, and historians that have researched the case.”
    “I think it’s enough to go beyond reasonable doubt.”
    The defendants face charges of war crimes, crimes against humanity and genocide amongst others, relating to their role in the Khmer Rouge, which whilst in power saw an estimated 1.8 million people killed from 1975 - 1979.

    See our earlier posts:

    Former Khmer Rouge member's plea of amnesty rejected by war crimes tribunal
    (Nov 2011)

    Khmer Rouge leaders deny charges as donors push for swift trial (Sep 2011)
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