ICC / Justice Archive

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Rape as a Weapon of War: Ending Impunity

Friday, December 2nd, 2011

For 16 days a year – from Nov. 25th, the international day for the elimination of violence against women, to Dec. 10th, International Human Rights Day – individuals, organizations, and even governments shine a light on the issue of sexual and gender based violence. Today marks the mid-point of the 2011 16 Days campaign. Campaigns like this and all the other hard work that has been done over the past decade and a half has led to much greater awareness of these issues. It is now recognized that in many violent conflicts around the world, rape is not an unfortunate side effect of war – it is in fact a strategic weapon of war. The good news is that with increased awareness, more perpetrators of violence against women in war are held accountable for their actions.  The bad news is that way too many women are still vulnerable to rape as a weapon of war, and far too many victims are still denied justice.

In recent years, the International Criminal Court has brought numerous rape charges against the orchestrators of mass rape in conflict zones such as Darfur.  And just this week, former Ivorian President Laurent Gbagbo was turned over to the International Criminal Court after being indicted on charges of crimes against humanity (including rape and murder) committed in the aftermath of contested elections in Cote d’Ivoire late last year.

In Libya, allegations of sexual violence by pro-government forces drew international attention last spring when a woman was arrested after speaking to international journalists about her rape. The International Criminal Court is now working to conduct investigations into the involvement of Gaddafi regime officials, who may have been involved in organizing the hundreds of other rapes reported over the last 9 months during the revolution there.

In other post-conflict regions, justice and accountability have been slow in coming. The recent trial of former Bosnian soldier Sasa Baricanin made headlines in November when he was convicted for war crimes – including murder, enslavement and rape – that he committed during the conflict in Bosnia. The conflict and ethnic cleansing campaign in Bosnia in the 1990’s became notorious for the soldiers’ strategic use of sexual violence. The UN estimates that there were as many as 50,000 rapes during the course of the war, but the trial of Sasa Baricanin marks only the 30th conviction on charges of rape since the conflict ended nearly two decades ago.

Yesterday, the UNSC placed a militia leader in the Democratic Republic of Congo under international sanctions for his role in organizing mass rapes in Eastern Congo. However,  rape is an epidemic problem in Congo, where on average 1,100 rapes are reported each month, and over 200,000 women have been raped during the conflicts there.

While we welcome every trial and conviction of perpetrators of rape, in too many conflicts around the world the organizers and perpetrators of sexual violence are still allowed to operate with impunity. A report commissioned by the UN Human Rights Council released earlier this week, found evidence of the use of sexual violence by Syrian Security forces against women and children, including young boys. Meanwhile, in Burma, where the government has a reputation for using rape as a weapon — particularly in villages known to oppose the current government regime — more than 80 rapes have been reported to human rights groups in the past year.

The advances that we have seen in recent years are only the tip of the iceberg. We need to continue to push for justice for the victims of sexual violence in conflict. The human rights community must continue to raise awareness about these issues and the international community must demand that proper investigations are conducted when there are reports of the use of mass strategic rape. We can put an end to impunity enjoyed by those who use rape as a weapon of war.

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International Justice Day

Monday, July 18th, 2011

The ICC celebrates International Justice Day (Photo from ICC)

Sunday, July 17th, was celebrated as International Justice Day, an occasion to reiterate the call for accountability for mass atrocities and human rights abuses. The date commemorates July 17th, 1998, when the Rome Statute was adopted as the basis for the International Criminal Court (ICC).

The ICC recognizes this day as a time of celebration, reflection, and action, calling for people to:

  • CELEBRATE the achievements in the field of international criminal justice.
  • REFLECT on the plight of the countless innocent civilians, millions of children, women and men who still continue to be the victims of unimaginable atrocities in different parts of the world.
  • ACT! Declare your support for the international criminal justice system.
    Tell your friends about it. Let this day inspire and reinvigorate us.

These goals are particularly relevant for pursuing justice in Sudan:

  • We celebrate the arrest warrants that the ICC issued for President Omar al-Bashir in 2009 for war crimes and crimes against humanity and in 2010 for genocide in Darfur. But al-Bashir remains in power in Sudan and ICC member states continue to invite him to their countries without arresting him, a critical obstacle to achieving justice for the crimes he has perpetrated.
  • We reflect on the ongoing violence in Darfur and in South Kordofan and the civilian victims for whom justice must be pursued.
  • We must act to ensure that justice is achieved in Sudan. This means supporting cooperation with the ICC to ensure that the individuals responsible for mass atrocities, including al-Bashir, are held accountable. Additionally, we can encourage the United Nations to investigate and publicly report on the human rights violations in Abyei and South Kordofan.

Unfortunately, progress on justice in Sudan has been slow, which is why it is important to continue advocating for accountability. Justice is essential for achieving long term peace, so in addition to calling for an end to the violence, it is critical to hold those responsible accountable. You can support our efforts for justice in Sudan by taking a look at our exciting upcoming events, including the hunger strike from noon on July 22nd to noon on July 23rd and the Rally for Peace in Sudan on July 23rd.

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Remembering Srebrenica

Monday, July 11th, 2011

Bosnian women mourning victims of the Srebrenica massacre.

Today marks the 16th anniversary of the tragic Srebrenica massacre in which 8,000 Muslims were systematically killed by Serbian forces during the 1992-1995 Bosnian war. Thousands of Bosnian Muslims have gathered to commemorate the anniversary and bury the remains of 613 victims who were identified after they were recently recovered from mass graves. This anniversary is a sobering reminder of the horrors of genocide, but also offers a look at the potential for international justice to hold those complicit in mass atrocities accountable.

The Srebrenica Massacre

The United Nations declared Srebrenica a “safe area” in 1993; it was to be a demilitarized zone protected by UN peacekeepers. Both sides in the conflict violated that agreement, and on July 11, 1995, Serbian forces besieged the town of Srebrenica. This attack is the only episode of the Bosnian war that international courts have definitively labeled genocide. Men and boys were murdered and their corpses were disposed of in mass graves. Women and girls were subjected to violent rape. Over 25,000 citizens, primarily women, were forcibly relocated from Srebrenica to Serbian-controlled territory.

International Justice

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established under the auspices of the United Nations in 1993 to pursue justice for war crimes that took place during the conflicts in the Balkans in the 1990s.

Ratko Mladic

Ratko Mladic, the Serbian general responsible for the Srebrenica massacre and other war crimes, was arrested on May 26th and transferred to the ICTY in The Hague, where he will face trial for two counts of genocide, six counts of war crimes, and seven counts of crimes against humanity. Other Serbian leaders responsible for the genocide have also been indicted and tried by the ICTY, including Radovan Karadzic and Radislav Krstic, who was found guilty of aiding and abetting genocide and sentenced to 35 years imprisonment.

Also held accountable in the massacre was the Netherlands, which directed orders to the Dutch peacekeeping troops responsible for protecting the Srebrenica UN “safe area” in July 1995. The peacekeepers handed over three Bosnian men to the Serbian army and witnessed multiple incidents in which Bosnian Muslims were abused, raped, and killed by Serbian troops without intervening. In July 2011, the ICTY ruled that the Dutch state was responsible for the deaths of the three men handed over by peacekeepers.

Lessons Learned from Srebrenica

The memory of the Srebrenica atrocities resounds in current conflict zones where civilians are in danger. The ethno-political dimensions of the Balkans conflict remind us of the current political marginalization and violent targeting of certain ethnic groups in Darfur. The use of rape as a weapon of war in the Democratic Republic of Congo is also reminiscent of the rapes that took place in Srebrenica.

But current international efforts for protecting civilians reflect some of the lessons learned in Srebrenica. In Srebrenica, NATO did not begin airstrikes until after the massacre when the worst atrocities against civilians had already taken place, despite prior requests for support. Now in Libya’s current political conflict we see NATO intervening proactively to protect civilians.

The recent ICTY ruling against the Dutch state sets an important precedent that peacekeeping troops who fail to protect civilians can and must be held accountable. UN peacekeepers in Sudan should heed this precedent as the genocide and violence against civilians there continue and they find themselves responsible for protecting civilian lives.

Aspects of current international conflicts are reminiscent of the genocide in Srebrenica, so the international community must use the lessons learned there to pursue international justice and protect civilians.

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Amnesty International’s Annual Report – Sudan

Tuesday, July 5th, 2011

Amnesty International

Amnesty International recently published its annual report on the state of Sudan and other nations worldwide. The full report is available here, and a summary of key points is provided below.

International Justice

In July, the International Criminal Court (I.C.C.) issued an arrest warrant against President Al-Bashir for genocide against the Fur, Massalit and Zaghawa communities. The Sudanese government has yet to cooperate with the I.C.C., and Al Bashir and other perpetrators remain free from prosecution there.

Arbitrary Detentions, Torture and Other Ill-Treatment

With the passage of a new National Security Act, The National Intelligence and Security Service (N.I.S.S.) in Sudan is now able to arrest and detain prisoners without judicial oversight for over four months. Political activists and critics (including women and children) of the government have been arrested, tortured, prosecuted and killed for exercising their right to freedom of expression, assembly, and association. N.I.S.S. agents have not been held accountable for their actions, and remain immune from prosecution for human rights violations.

Freedom of Expression – Prisoners of Conscience

The N.I.S.S. has continued its censorship of newspapers and other printed materials. Journalists, especially in South Sudan, were harassed and arrested for their coverage of the elections. S.P.L.A. soldiers and security forces also intimidated voters before they placed their ballot. (more…)

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ICC Prosecutor Requests Investigation for Ivory Coast

Thursday, June 30th, 2011

 

UN in Ivory Coast

GI-Net/SDC has been closely following the events in Ivory Coast over the last seven months. ICC Prosecutor Luis Moreno-Ocampo is now seeking authorization for an investigation into war crimes and crimes against humanity committed since post-election violence flared in November 2010. The prosecutor is acting on his own initiative to open an investigation, but requires approval by ICC judges to proceed.

Violence in Ivory Coast has subsided since the arrest of former president Laurent Gbagbo, and democratically elected Alassane Ouattara has taken control of government.  However, in the post-election conflict (in which Gbagbo refused to resign presidency, despite election results in favor of Ouattara), forces on both sides were responsible for atrocities committed against civilians, and must be held accountable.  According to human rights monitors, at least 3000 persons were killed, 72 disappeared, and 520 were subject to arbitrary arrest and detention. There continues to be some targeting of pro-Gbagbo forces following Laurent Gbagbo’s arrest. The situation is being closely monitored by the UN.

President Ouattara sent a letter to Prosecutor Moreno-Ocampo in May requesting and investigation into war crimes and crimes against humanity.  Ouattara claims that the current judicial mechanisms in Ivory Coast are not equipped to carry out fair trials and investigations into human rights violations.  Should the request for an investigation be approved, it would be the first time the ICC opens a case in a non-member state, although the State acknowledges and welcomes the Court’s jurisdiction.

Update:  On Tuesday Ivory Coast’s Justice Minister Jeannot Ahoussou Kouadio signed an accord with the ICC pledging cooperation with the pending investigation.  Minister Kouadio pledged no impunity on the part of the Ivorian government and said that “The Ivorian government will cooperate fully so that light can be cast on all crimes committed in Ivory Coast…whether they were by people close to Ouattara’s camp or to Gbagbo’s camp.”  The apparent willingness to cooperate with ICC investigations on the part of State leaders is an indication of the Court’s growth in legitimacy and a trend towards accepting culpability for possible crimes committed. Furthermore, working to ensure that all perpetrators will be investigated speaks well of the potential to end impunity and increase state accountability.

 

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ICC Issues Arrest Warrant for Gaddafi

Monday, June 27th, 2011

Today, the International Criminal Court (ICC) issued arrest warrants for Muammar Gaddafi, his son, Saif Al-Islam Gaddafi and his head of intelligence, Abdullah Al-Senussi on charges of crimes against humanity. They are accused under Articles 7(1)(a) and 7(1)(h) of the Rome Statute.

The warrants were issued by Pre-Trial Chamber I based on a request made by ICC Chief Prosecutor Luis Moreno-Ocampo on May 16, 2011. The investigation first opened on March 3, 2011 and was referred to the ICC by the United Nations Security Council (UNSC) Resolution 1970. The resolution grants jurisdiction to the ICC over crimes committed since the uprising began in February.

 

International Criminal Court

Along with Col. Gaddafi, his son Saif al-Islam is being investigated for the recruitment of foreign mercenaries. Abdullah al-Senussi is being investigated for attacks against demonstrators. The Chief Prosecutor has accused the Gaddafi regime of opening fire on civilian demonstrators, shelling funeral processions, and using snipers to kill civilians. The warrants come more than 100 days after NATO began a military campaign to protect civilians in Libya as authorized by UNSC Resolution 1973.

In response to today’s action by the ICC, Genocide Intervention Network/Save Darfur Coalition issued a statement which can be viewed here.

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Sudanese Diaspora and Peace Advocates Rally for Peace in Sudan

Tuesday, June 14th, 2011

Sudanese Diaspora living throughout the United States came together on Saturday, June 4  at Freedom Plaza in Washington, D.C. to send a message to the Obama Administration and the international community that they want action to bring peace to all of Sudan.

Amin Ismail cited the lives lost in Sudan under President Bashir – 2 million in South Sudan, the Nuba Mountains, and Blue Nile, and over 300,000 in Darfur – and asked for justice for the people of Sudan by sending members of the Sudanese government, including Bashir and Ahmed Haroun, to the International Criminal Court. Ismail called for military intervention to provide security for civilians throughout Sudan in order for the country to have democracy.

YouTube Preview Image

In addition to asking for justice and security for the people of Sudan, participants at the rally called on the U.S. to hold the Sudanese government accountable for its actions.  Ibrahim Tahir said that the United States must stop lifting sanctions and giving rewards to the Sudanese government.  He called for more sticks and less carrots from the U.S. and the international community as well as protection for civilians in Abyei, the Nuba Mountains, and Darfur.

Rally attendees marched to chants to stop the genocide in Sudan and calls to send Bashir and Haroun to the I.C.C. Please join them by asking Ambassador Susan Rice to demand a United Nations investigation of the recent attacks in Abyei and strengthen sanctions against the Sudanese government in order to prevent further violence.

 

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‘Butcher of Srebrenica’ Arrested Day after Rwanda Genocide Mastermind

Thursday, May 26th, 2011

Ratko Mladic. AFP/Getty Images.

International justice gained two big wins in the past day with the separate arrests of indicted war criminals Ratko Mladic and Bernard Munyagishari.

Mladic is the former top Serbian military general who personally oversaw the mass execution of some 8,000 Bosnian Muslims in Srebrenica.  Munyagishari is the former President of the Interahamwe, accused of orchestrating mass killings and rapes as one of the masterminds behind Rwanda’s 1994 genocide that resulted in the deaths of 800,000 people.

Bernard Munyagishari

Mladic, known as the butcher of Srebrenica, was captured in Serbia amid growing pressure for the country to do more to arrest him as a pre-condition to membership in the European Union.  He was the most wanted war criminal in Europe and will be extradited to the UN war crimes tribunal in the Hague.  Munyagishari was captured in the Democratic Republic of the Congo and had been featured in the U.S. State Department’s Rewards for Justice program, with a reward of up to $5 million for his capture.

These arrests come two weeks after the completion of a trial finding former head of the Rwandan army, Augustin Bizumungu, guilty of genocide and three weeks after the prosecutor at the International Criminal Court requested arrest warrants for Muammar Qaddafi and two other Libyan leaders for crimes against humanity.

In the wake of continued wars and state violence against civilians in countries like Libya, Syria, Sudan, and Yemen today, the arrests send a strong message that crimes perpetrated by political and military leaders will be met with accountability.

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South Kordofan and the rule of the indicted war criminal

Thursday, May 26th, 2011

Ahmed Haroun

As a direct victim of Ahmed Haroun’s criminal actions in Darfur, I was very concerned about the implications of the election of an indicted war criminal to rule over the people of South Kordofan (also known as Nuba Mountains) who have been victimized by two decades war in Sudan. Ahmed Haroun is wanted by the ICC for crimes against humanity and war crimes committed in Darfur, and were recently elected as governor of South Kordofan. Two weeks ago, I spoke to a fellow member of the Sudanese diaspora, H. Hassan, a Virginia based human rights advocate and policy analyst from Nuba Mountains. Before the election Hassan stated,  “if Haroun wins, it will be a disaster for the entire region, because, it will not only have implications in the areas of the Nuba Mountains and the popular consultation, it will give al-Bashir’s regime strong ground to destabilize Abyei in an attempt to jeopardize the declaration of the new country.”

In a letter signed by over 20 of the preeminent Sudanese advocates, human rights activist and civil society leaders in the US, that was sent to the United Nations Security Council yesterday, members of the diaspora expressed their grave concerns and warned about the implications of the election of Ahmed Haroun the wanted war criminal by the ICC in South Kordofan saying:

“We fear that the tactics employed by the NCP to declare Ahmed Haroun the winner of the gubernatorial elections is an effort by the Sudanese government to protect the indicted war criminal from persecution at the International Criminal Court (ICC).

We are greatly concerned that this unprecedented development will lead to disruption of the popular consultation process in Southern Kordofan, a key part of the Comprehensive Peace Agreement (CPA), and affect the situation in Abyei, drawing the region back into conflict that could engulf the whole of Sudan.”

Click here to read the full letter

The attack on Abyei is confirming the legitimacy of our concerns raised written before the attack on Abyei.  The attacks on Abyei are the first test of the implication of the elections of Haroun in South Kordofan and the US government and the international community should be mindful of its consequences.

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ICC seeks arrest warrants for atrocities committed in Libya

Monday, May 16th, 2011

Today, Luis Moreno Ocampo, Prosecutor for the International Criminal Court (ICC), announced his request to the Pre-Trial Chamber for arrest warrants for President Muammar Gaddafi, Saif Al-Islam Gaddafi, and Head of Intelligence Abdullah Senussi for crimes against humanity committed in Libya. Gaddafi’s regime began targeting civilians on February 15th causing massive civilian casualties and displacement.

According to Ocampo, “The evidence shows that Muammar Gaddafi, personally, ordered attacks on unarmed Libyan civilians. His forces attacked Libyan civilians in their homes and in the public space, repressed demonstrations with live ammunition, used heavy artillery against participants in funeral processions, and placed snipers to kill those leaving mosques after the prayers.” Gaddafi’s forces have also used indiscriminate weaponry such as cluster munitions and sea mines along with other heavy weapons such as tanks and fighter planes.

On February 22nd, the Save Darfur Coalition/Genocide Intervention Network pushed for the United Nations Security Council to refer the situation in Libya to the ICC and on March 3rd, the Prosecutor opened investigations into atrocities against civilians. The investigations have moved an incredibly rapid pace in comparison to past cases and the arrest warrants could potentially be issued in a matter of weeks.

The steps taken by Ocampo and the ICC have been essential to ensure that Gaddafi and those responsible for crimes committed against civilians are held accountable. Justice is an essential tool not only for victims but also towards the prevention of future atrocities. While the United States is not a member of the ICC, they still have the ability to support the investigation and must provide any information or assistance to promote justice.

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