• Cluster bomb companies ejected from London arms fair

    Two Pakistani companies have been expelled from the 2011 Defence & Security Equipment International (DSEI) in London, after it was found that they were promoting the use of cluster munitions.

    Cluster bombs have been banned by the UK since the ratification of the Convention on Cluster Munitions treaty in 2008, which has been signed by over 100 countries.


    The DSEI
    stated that,
    "(We) can confirm that the Pakistan Ordnance Factory stand and Pakistan's Defence Export Promotion Organisation pavilion have both been permanently shut down after promotional material was found … containing references to equipment, which after close examination, was found to breach UK government export controls and our own contractual requirements.

    [The] government fully supports the decision by DSEI to close the stand and the pavilion. We are currently investigating how this breach of our compliance system occurred."

    Action was taken after Green Party leader, Caroline Lucas, discovered the companies were distributing brochures on cluster munitions to customers at the fair.

    She expressed concern at the fact that these companies were allowed in and said that,

    "I was able to find illegal advertising materials on the basis of one short visit to the exhibition with few resources at my disposal.
    I’m shocked that the British government seems unable or unwilling to police arms sales happening here on its own soil.”
    Cluster munitions explode over a large area, dotting it with either shrapnel or small explosives, which can lay unexploded for years. Their use has been strongly criticised by human rights groups, including Human Rights Watch who called for more countries to implement the treaty.

    Anna Macdonald, head of arms control for Oxfam
    said,
    "Earlier this week, the UK ambassador to the Beirut meeting said the fact that countries are still using cluster munitions should enrage us. The UK should also be enraged that the system has failed to prevent foreign companies promoting these deadly weapons in London."
    The event in London is the world’s largest arms fair with 1,300 firms from more than 40 countries seeking orders for weapons.

    See our earlier post:
    "Liam Fox: UK "most rigorous" on arms exports" (Sep 2011)
  • Britain amends universal jurisdiction law
    Britain has amended a law that allowed ordinary citizens to press charges against suspected foreign war criminals or torturers.

    Under universal jurisdiction, British courts were able to prosecute foreign citizens accused of war crimes or crimes against humanity, although the crimes were committed in another country.

    The principle of the law is rooted in the belief that certain crimes — such as genocide, hostage-taking and torture — are so serious that they must be addressed wherever a suspect can be detained.

    The amendment, passed by the Queen on Thursday, has made it more difficult for citizens to bring charges against suspects.

    The law had been subject to fierce criticism, especially by Israeli officials, after its application led to strained relations between Britain and Israel.

    Last year deputy prime minister Dan Meridor and former foreign minister Tzipi Livini cancelled trips to Britain fearing arrest.

    But the move to amend the law has been severely criticised by human rights activists and others.

    "This marks a backward, nervous step by the U.K., which is reluctant to bring tyrants and torturers to justice if it suits the government to sell them arms or to turn a blind eye to their human rights violations,"

    said Geoffrey Robertson to AP, who as a U.N. appeals judge delivered key decisions on war crimes.

    "The change in the law has nothing to do — as the U.K. claims — with insuring that cases proceed on solid evidence. No district court judge would issue an arrest warrant lightly."
  • Dutch state responsible for 1947 Indonesian massacre
    A court in the Netherlands has ruled that the Dutch state is responsible for a massacre in Indonesia committed by its troops in 1947.

    The Hague court had decided that the Dutch state was liable for compensation to be paid to relatives of victims despite the act having taken place more than 60 years ago.

    The massacre took place in the Java village of Rawagede, where an estimated 150-400 men and boys were shot dead by Dutch troops. The events took place as Indonesia fought for independence from colonial rule, which was recognized in 1949.

    Speaking from The Hague on Wednesday, Judge Daphne Schreuder said,
    "This court finds that the (Dutch) state acted wrongly through these executions and that the state is liable to pay damages in terms of the law.

    [T]he state's argument that the case has expired based on the statute of limitations and of reasonableness and fairness is unacceptable".
    The decision comes after a lawsuit was filed by the last surviving victim of the massacre and eight widows of victims.

    The ruling however came too late for two of the plaintiffs, as one of the widows and the last victim passed away during proceedings.

    Chairman of the National Human Rights Commission (Komnas HAM) Ifdhal Kasim noted,
    “This is a wake-up call for law enforcement here because in human rights, there is no statute of limitations, as in criminal offenses.”
     “We haven’t seen the light in many cases of human rights abuses here. The Dutch ruling is a good lesson for our government and judicial system to be responsive to the victims.”
    The plaintiff’s lawyer, Liesbeth Zegveld also remarked that “justice has been done”.
    “This means that the state can’t just sit in silence for 60 years waiting for the case to go away or the plaintiffs to die.”
    The decision comes months after The Hague ruled that the Netherlands was also liable to pay compensation to the victims of Srebenica, after it ruled Dutch peacekeeping troops failed in their duty to protect them.
  • ICC not doing enough on government accountability for atrocities - HRW

    Human Rights Watch released a report Thursday calling for the International Criminal Court to do more to hold senior government officials accountable for atrocities and improve its credibility.

    The 50-page report stated that the ICC had not gone far enough in prosecuting war criminals and ensuring justice was delivered, calling for additional cases to be opened.

    Elizabeth Evenson, senior international justice counsel at Human Rights Watch said,

    "The ICC's first investigations have too often bypassed key perpetrators and crimes.

    By failing to project an effective and coherent strategy through his investigations, the prosecutor has too often come up short.”

    Looking at ICC investigations in the Democratic Republic of Congo and Uganda, the group criticized the fact that charges were not brought forward onto government officials allegedly responsible for abuses. They also said that more government officials had to be prosecuted for their part in atrocities committed in the Central African Republic and in Darfur.

    Writing in the Guardian, Evenson said,

    “These choices matter. They have left too many victims without justice and have disappointed the public. They have undermined perceptions of the court's independence and impartiality.”

    However, the New York-based group also praised the work of the ICC stating that it has made "an important contribution to tackling impunity for some of the world's worst crimes."

    The group also welcomed the decision to investigate crimes in Libya and to move to investigate crimes in Côte d’Ivoire stating they "recognize that this responds to genuine needs for accountability for serious crimes committed in those countries".

    The report, entitled “Unfinished Business: Closing Gaps in the Selection of ICC cases”, comes as the term for ICC prosecutor Luis Moreno-Ocampo draws to an end. A new prosecutor is expected to take office by mid-2012.

    "With the appointment of a new prosecutor by year’s end and new cases in Libya, the ICC prosecutor should close gaps in investigation and prosecution strategies and bring additional cases."

    But a renewed commitment by the ICC prosecutor to bring justice where it is needed most would go to the heart of delivering on the ICC's promise. Such a commitment deserves our support.”

    Seated at The Hague, the ICC was set up in 2002 to prosecute individuals for genocide, crimes against humanity, war crimes.

  • UN prosecutor seeks to punish Serbian fugitive aides
    The Chief UN Prosecutor for war crimes in the former Yugoslavia called for an investigation into how war crimes fugitives managed to evade justice for so long.

    Speaking with Serbian President Boris Tadic in Belgrade, Serge Brammertz praised Serbia on capturing all war crimes suspects, particularly Bosnian Serb commander Ratko Mladic and the last fugitive Croatian Serb leader Goran Hadzic who was captured in July.

    However, he went on to say that serious questions need to be asked on how they managed to evade capture for so long and called for those that helped them to be prosecuted.

    General Mladic was on the run for 16 years and Hadzic for 7 years.

    Brammertz insisted that the Hague relied on Serbia’s continued support and said,
    "We want to know who did not fulfill the international obligation and who is responsible that this has taken so long."
    The meeting comes as the European Commission finalises its report on Serbia, which is expected to be key on whether or not they can begin accession talks on joining the European Union.

    Serbia has come under increased pressure to arrest all suspected war criminals, a conditional factor that was blocking their path to EU candidacy.

    Stating that Serbians should be “proud” of arresting the fugitives, Tadic went on to say,
    “We have to exert great effort in order to find the bodies of the people who had been killed in the war conflicts and make their families at least a little bit calmer.

    That way, we contribute to the policy of the regional reconciliation and understanding.”
  • New Libyan regime pledges to investigate war crimes
    The National Transitional Council of Libya has said that they would investigate allegations of “serious abuses” conducted by their forces.

    The statement comes after Amnesty International released a report Tuesday that claimed both sides in the Libyan conflict had committed war crimes.

    From Benghazi, the council's executive committee said that they "strongly condemns any abuses perpetrated by either side" and will “fully investigate” all allegations.
    "The NTC is firmly committed to human rights and the rule of law, both international and local."
    London-based watchdog Amnesty International welcomed the commitment from the NTC and urged them to ensure these abuses are not repeated.

    Claudio Cordone, senior director at Amnesty, said,
    We look forward to concrete action to ensure as a matter of urgency that detainees are not ill-treated, and that particularly vulnerable groups such as Libyans from Tawargha – most of whom have fled their town -and sub-Saharan Africans, are protected from reprisals.”
    "The new authorities must make a complete break with the abuses of the past four decades and set new standards by putting human rights at the centre of their agenda."
    Amnesty’s 107-page report entitled “The Battle for Libya: Killings, Disappearances and Torture” revealed damning cases of violations of humanitarian law by both sides.

    However, the group did state that abuses committed by those loyal to the NTC were of “smaller scale” than Gaddafi’s forces, which may amount to crimes against humanity.

    The statement by the NTC comes as they continue to assault the town of Bani Walid south-east of Tripoli, which Gaddafi loyalists still control
  • Arab League urges Syria to end repression

    The Arab League demanded Syria end its brutal crackdown of peaceful protest on Tuesday.

    Turkish Prime Minister Recep Tayyip Erdogan warned Syria could descend into "civil war" and criticised Assad's regime for failing to "listen to the voice of the people."

    The Turkish Prime Minister recently embarked on a tour of Arab Spring states emerging from the shadow of repressive dictators. Currently in Egypt, Erdogan is due to visit Tunisia and Libya shortly.

    The UN estimate on the number of protesters killed was raised to 2600 on Monday at the UNHRC.

    Navi Pillay, the High Commissioner for Human Rights stated, “the situation in Syria is still dire.”

    Amid such casualty figures and harrowing tails of torture and abuse by Syrian security forces, the appointment a three member panel to investigate the allegations was announced on Monday.

    However it remains uncertain how the investigation will take place, as President Assad has not granted the panel permission to visit the country.

    The three-member panel will be led by Sérgio Pinheiro of Brazil, former United Nations investigator of political repression in Myanmar, Yakin Erturk of Turkey, a sociology professor and expert on women’s rights, and Karen Abu Zayd, an American, who is the former head of the UN body responsible for distributing relief to Palestinian refugees.

    Efforts by the West at the UN Security Council, to impose sanctions on the regime, continue to face stern opposition by Moscow and Beijing however.

    President Dmitry Medvedev stated Monday, "this resolution must be strict, but it must not lead to the automatic application of sanctions." Moscow is reportedly proposing a watered-down resolution calling on Assad's regime and the opposition to commence talks. 

    Anti-Assad activists have condemned Moscow's stance.

    Russian flags have been burnt in recent days and activists have been posting messages on websites saying "Do not support the killers".

    "We express our anger towards Russia and the Russian government. The regime will disappear but the people will live," the activists added.

  • Liam Fox: UK "most rigorous" on arms exports

    Speaking at the world's largest arms fair, held in London, the British Defence Secretary Liam Fox defended the UK's export licensing procedures as "amongst the most rigorous in the world"

    Fox added,

    "Respect for human rights and fundamental freedoms are mandatory considerations for all export licence applications, which we consider on a case-by-case basis.

    "When conditions change we act swiftly to revoke licences that do not meet our strict criteria - just as we did earlier this year as the events in the Middle East and North Africa unfolded."

    "We will not compromise our values. But let me be equally clear, we will continue to support our allies and partners, we will help with their security needs, and we will support businesses seeking to do that."

    The 2011 DSEi (Defence & Security Equipment International) opened Tuesday at the Excel centre in East London.

    The opening was marked by anti-arms protesters condemning Britain's sale of arms to regimes with extensively recorded human rights abuses, including Bahrain.

    The DSEi website boasts the attendence of 98 countries.

    See 'UK weapons and Sri Lanka's war crimes against Tamils'

    Sri Lanka has previously been invited to the arms fair. It remains uncertain if an invitation was sent this year.

    See also: British Banks invest in cluster bomb manufacturers

  • Haitian lawyers condemn impunity for Sri Lankan soldiers

    In a letter to the United Nations, the Haitian Lawyers Leadership Network (HLLN) severely condemned the lack of adequate inquiry and prosecution of Sri Lankan soldiers accused of systematically raping Haitians women and girls as young as 7, whilst posted as UN peacekeepers in 2007.

    Ezilo Dantò, HLLN president writes,

    “In 2007, it was discovered and reported that girls as young as 13 were having sex with U.N. peacekeepers for as little as $1 in Haiti.” 

    “Moreover, Sri Lankan soldiers were accused of systematically raping Haitian women and girls, some as young as 7 years old.”

    “If only a dozen UN peacekeepers were punished for sexual abuse and rape, then that means, for instance, most of the 114 Sri Lankan soldiers deported back to Sri Lanka from Haiti in 2007 for sexual abuse and rape in Haiti did not get punished,”

    “Humanitarian aid workers and UN peacekeepers accused of sexually abusing and sexual trafficking children in Haiti should have their names and their country’s identities exposed so that this matter may be cleaned up once and for all.”

    However, Brigadiear Nihal Hapuarachchi, spokesperson for the Sri Lankan Army is reported to have stated the matter is closed. A full inquiry was carried out and those soldiers who were found guilty were prosecuted he asserted.

    The UN charged 114 Sri Lankan soldiers with sexual exploitation, abuse against children and rape - a war crime in the context of military conflicts - in 2008.

    The UN's investigative body, the Office of Internal Oversight Services (OIOS) stated that, working with the Sri Lankan government, all those responsible would be 'held accountable for their actions'.

    Following the initial investigation by the UN's OIOS, the systematic and exploitative nature of the abuse was specifically highlighted. 

    “acts of sexual exploitation and abuse (against children) were frequent and occurred usually at night, and at virtually every location where the contingent personnel were deployed,” 

    In exchange for sex, the children received small amounts of money, food, and sometimes mobile phones,” 

    Such accounts bear a harrowing resemblence to the subsequent reports of sexual abuse, prostitution rings and rape of children by Sri Lankan forces during the final stages of the conflict in 2009 and within government-run IDP camps.

    See 'Orgy of massacre, rape, torture and mutilation in final days' - an eye-witness account of the rape amid impunity by a Sri Lankan soldier.

    Despite mounting evidence, the Sri Lankan government consistently refutes any such allegations.

    Hapuarachchi confirms that Sri Lankan soldiers continue to serve in Haiti as peacekeepers and more are to be deployed next year. 

     

  • Five killed as police fire on Dalit protestors in Tamil Nadu

    Thousands protested Sunday against police detention of Dalit leader John Pandian. Photo L. Balachandar/ The Hindu

    Five people were killed Sunday in Tamil Nadu when police opened fire after an angry protest against the detention earlier of Dalit leader John Pandian turned violent.

    See reports by PTI, The Hindu and Times of India.

    Pandian was en route to attend a commemoration of the death anniversary of Dalit leader Immanuel Sekaran at Paramakudi in Ramanathapuram when he was detained by police, supposedly as his presence would ‘incite’ caste tensions.

    But the arrest did just that.

    Clashes between protesters and police broke out after crowds blocked roads outside Paramakudi to express their anger.

    More than 3,000 people went on the rampage, throwing stones and setting shops, police vehicles and buses ablaze, reports said.

    Police used tear gas and batton-charges before opening firing at the crowd, killing five people. About 50 others were injured in the violence.

    Thirty vehicles, including buses, police vehicles were damaged,

    Tamil Nadu Chief Minister Jayalalithaa defended the police firing as “self-defence” and blamed some people for disrupting law and order “for their own political gains.”

    She also announced Rs 100,000 compensation from the Chief Minister's Relief Fund to the next of kin of those killed.

  • Of two acts of protest against Israel

    Anti-Israeli protesters disrupted the Israel Philharmonic Orchestra at the BBC Proms at the Royal Albert Hall, London, on Sep 2nd.

    And this week, the trial beganof ten students in the United States, who shouted down the Israeli Ambassador Michael Oren during a lecture at Univ of California Irvine in February 2010.

    The protesters in London began shouting and heckling the orchestra as the conducter, Zubin Mehta stood up to commence Bruch's violin concerto.

    Protesters, belonging to the Palestine Solidarity Campaign, had called for a boycott of the concert.

    In a statement released ahead of the Proms, the group argued Israeli orchestra's participation at the BBC's Proms showed "complicity in whitewashing Israel's persistent violations of international law and human rights."

    The event which was being broadcast live on BBC 3 was taken off air due to the continued disruptions. The protesters were removed by security.

    Meanwhile, last week in California ten university students - all Muslims - were charged with conspiring to disturb a meeting and disturbing Ambassador Oren's lecture. The charges carry a potential sentence of upto one year in jail.

    Drawing attention to other similar college protests that did not resulted in criminal charges, the students argue they have been unfairly targeted due to their religious faith.

    A spokesperson for the students, Kifah Shah, stated, "this is selective punishment".

    "At this point, it is not just about these 10 students anymore. It is about every single one of us and about whether our right to freedom of speech is going to be upheld," she added.  

  • UN peacekeepers accused of sexual assault in Haiti
    Five Uruguayan peacekeepers serving with the UN mission in Haiti are under investigation, after graphic mobile phone footage has emerged allegedly showing them sexually assaulting an 18-year-old Haitian man.

    The incident has been “vigorously condemned” by Haitian President Michel Martelly who described it as “an act that revolts the national conscience”.

    It has led to a formal apology from Uruguayan President Jose Mujica who said,
    "Although the damage is irreparable, have the certainty that we will investigate thoroughly and apply the harshest sanctions against those responsible."
    Former US President Bill Clinton, the UN Special envoy to Haiti, also called the incident a "terrible thing" and regarding the pending investigation said, "The U.N. had to do something, and apparently they have."
    The accused five soldiers have been recalled from their posts and Uruguay has also sacked its naval chief in Haiti.

    The scandal has sparked angry demonstrations outside the UN barracks were the incident was alleged to have taken place and reignited calls for the UN mission, known as Minustah, to leave.

    In 2007, it was reported that UN peacekeepers were having sex with Haitian girls as young as 13 for as little as $1.

    Sri Lankan soldiers were accused of systematically raping Haitian women and girls, some as young as 7 years old.

    The UN still refuses to disclose the outcome of its repatriation from Haiti of over 100 Sri Lankan peacekeepers on allegations of sexual abuse and exploitation.

    No action has been taken against those responsible for any of these actions, Inner City Press noted.


    See our earlier post: "UN confirms sex charges against Sri Lankan troops in Haiti child abuse" (April 2008)
  • Calls for prosecution of British soldiers in civil court

    The Crown Prosecution Service is looking into findings of a report which found British soldiers guilty of a “very serious breach of discipline”, which caused the death of Basra hotel employee Baha Mousa.

    26 year old Mousa was arrested by members of the 1st Battalion The Queen’s Lancashire regiment (QLR), along with 9 other Iraqis.

    After being detained Mousa was subjected to a prolonged period of abuse, while being deprived of sleep and food. A post-mortem found 93 injuries on his body and evidence of asphyxiation. He died 36 hours after being detained.

    Prime Minister David Cameron condemned the actions of the British soldiers and hinted at prosecution of individuals involved if further evidence emerges from the inquiry.

    "The British Army, as it does, should uphold the highest standards. If there is further evidence that comes out of this inquiry that requires action to be taken, it should be taken."

    During a court martial relating to the case in 2007 Cpl Donald Payne became the first British soldier convicted of a war crime. He was imprisoned for 1 year and dismissed from the army.

    Six members of the QLR were cleared of any wrong doing during the court martial, but the latest report criticises commanding officer Col Mendonca, who was one of the accused.

    It was found that Col Mendonca was unaware of the abuse but the chairman of the inquiry Sir William Gage said

    "As commanding officer, he ought to have known what was going on in that building long before Baha Mousa died."

    The report also found that two officers, Lt Craig Rodgers and Maj Michael Peebles, were aware of the abuse committed by soldiers and did not intervene or report the incidents.

    “The events described in the report represent a very serious and regrettable incident. Such an incident should not have happened and should never happen again.’’ Sir William added.

    Campaigners have called for the soldiers to be tried in a civilian court.

    Sapna Malik, from law firm Leigh Day, said: “In light of the cogent and serious findings by Sir William Gage, we now expect that the military and civilian prosecuting authorities of this country will act to ensure that justice is done.”

    Defence Secretary Liam Fox said in a statement to the Commons that the army had been guilty of systematic failures.

    "What happened to Baha Mousa and his fellow detainees in September 2003 was deplorable, shocking and shameful...It was avoidable and preventable, and there can be no excuses. There is no place in our armed forces for the mistreatment of detainees. And there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up."

    Sir William made a total of 73 recommendations to improve the way detained individuals are handled in the 1,366 page report.

    The Baha Mousa Public Inquiry (Full Report)

  • Syrian soldiers' trophy videos emerge

    Videos of Syrian soldiers callously beating prisoners and laughing whilst snipers fire from rooftops have emerged.

    The videos, taken by soldiers on their phones, will no doubt provide evidence of government troops commiting human rights violations.

    The trend of predominantly government forces from aross the world creating trophy videos shows no signs of abating.

    See here.

    It appears implausible that the such a rise represents a worldwide moral decline, but instead, a brazen confidence in guaranteed impunity, coupled with technological availability.

    However, whilst some individuals were busy with such macabre acts, videos have also emerged of Syrian soldiers defying orders to attack civilians and switching to the rebel side. 

  • Sweden charges Serb with war crimes
    A 34-year-old Serbian man has been charged by Swedish prosecutors with war crimes which took place during the Kosovo conflict in 1999.

    Milic Martinovic has been charged with murder, attempted murder, kidnapping, robbery and arson in the western village of Cuska in Kosovo.

    The prosecution has alleged that he was part of a special police unit of Serbs who marched into the village on the 14th of May 1999, armed and uniformed. They went on to separate the male villagers from other civilians and murdered 41 of them. The victims were all ethnic Albanians.

    Two survivors of the massacre will be coming forward to give evidence in Matinovic’s trial.

    If found guilty of these crimes, Martinovic could be imprisoned for life in Sweden, a maximum sentence of 25 years, and then extradited to Serbia.

    District prosecutor Lars Hedvall has said that he is “convinced that he (Martinovic) will be convicted in this case.”

    The trial starts on the 12th of September.
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