Justice and Accountability Archive

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Former President of Cote d’Ivoire at ICC for Crimes Against Humanity

Monday, December 5th, 2011

Laurent Gbagbo at the ICC

Today, the former president of Cote d’Ivoire, Laurent Gbagbo, made his first appearance in front of International Criminal Court (ICC) judges after arriving in The Hague last week. Gbagbo is being held in an ICC detention centre and is facing four counts of crimes against humanity for violence which he initiated after losing his position in last November’s presidential election to Alassane Ouattara.

Even though the international community recognized the presidential election as free and fair, Gbagbo refused to step down and initiated a brutal campaign supported by the Ivorian Defence and Security Forces (FDS), youth militia and mercenaries, which abducted, tortured, raped, and killed Ouattara supporters. The conflict resulted in the deaths of over 3,000 Ivorians and caused at least one million civilians to flee their homes. Finally, after four months of violence between pro-Gbagbo and pro-Ouattara supporters, Ouattara’s forces succeeded in taking the capital in April, capturing Gbagbo bringing an end to the bloody conflict.

Despite underlying tensions between the two sides, Cote d’Ivoire has been relatively peaceful since Gbagbo’s capture and it is positive sign that President Ouattara and the Ivorian government turned him over to the ICC to face justice. While the ICC has only issued a warrant for Gbagbo, Chief Prosecutor Luis-Moreno Ocampo continues to investigate crimes against humanity and war crimes allegedly committed by pro-Gbagbo and pro-Ouattara forces. Justice is an important aspect of peace and must be applied to all parties responsible for atrocities against civilians, not only Gbagbo and his supporters, in order to prevent conflict from recurring in the war torn country of Cote d’Ivoire.

With legislative elections in Cote d’Ivoire set to begin this upcoming Sunday, the international community must pay attention and be ready to respond so that heightened tensions surrounding Gbagbo’s turnover to the ICC and the countries first elections since last year’s atrocities do not result a reemergence of violence.

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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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ICC requests new arrest warrant for atrocities in Darfur

Friday, December 2nd, 2011

Today, Luis Moreno Ocampo, the Chief Prosecutor for the International Criminal Court (ICC) requested an arrest warrant for Sudanese Defense Minister, General Abdulrahim Mohamed Hussein, for crimes against humanity and war crimes committed in Darfur from August 2003 to March 2004. According to Ocampo, Hussein is accused of playing a central role in coordinating attacks on at least six villages where the government conducted indiscriminate air strikes followed by ground attacks by Sudanese soldiers and janjaweed militias which killed and raped civilians and then looted the entirety of the villages.

Sudanese Defense Minister Abdulrahim Mohamed Hussein

Hussein was the former Minister of the Interior and the head of the “Darfur Security Desk” during the height of the genocide and was involved in recruiting, mobilizing, funding, arming, and training janjaweed forces. He also reportedly pushed for forced returns of internally displaced persons as well as severe restrictions on humanitarian access.

This is the highest level arrest warrant request for a Sudanese official since President Omar al-Bashir, who is now wanted for war crimes, crimes against humanity, and genocide. If the ICC pre-trial chamber approves the arrest warrant for Hussein he will become the fourth Sudanese official wanted by the ICC for the genocide in Darfur following the cases against Bashir, former Minister of State Ahmad Harun, and janjaweed leader Ali Kushayb. This request also serves as a reminder that the crisis in Darfur is far from over.

However, Darfur is not the only region in Sudan where the government has committed atrocities against civilians and unfortunately Ocampo is unable to extend investigations into other regions of Sudan due to limitations in the referral by the United Nations Security Council. Not surprisingly, Sudan is not a state party to the Rome Statue and therefore the only way for the ICC to open an investigation into other crimes against civilians in Sudan is through an additional Security Council referral. Over the past seven months, the Sudanese government has committed a multitude of atrocities in the states of South Kordofan and Blue Nile as well as the disputed border region of Abyei displacing at least 404,700 civilians. While the United Nations has stated that the atrocities committed in these regions may constitute war crimes and ethnic cleansing, the Obama Administration and international community have failed to take substantial action to stop the attacks or hold those at fault responsible.

Justice is a vital instrument for peace as well as for the deterrence of future atrocities. While the additional request for an arrest warrant is a positive step, perpetrators of crimes against civilians cannot be permitted to do so with impunity which they continue to do in Darfur as well as other regions of Sudan. It is essential for the international community to support justice for the people of Sudan by pressuring the Government to turn over officials responsible for crimes in Darfur to the Court. The Obama Administration must also lead the UN Security Council to hold the perpetrators of atrocities in South Kordofan, Blue Nile and Abyei accountable by referring the situation to the International Criminal Court.

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Kenyan court issues arrest warrant for Bashir

Monday, November 28th, 2011

Over a year after Sudanese President Omar al-Bashir was invited to Kenya for an Intergovernmental Authority on Development Summit (IGAD), sparking widespread condemnation by civil society organizations within Kenya and throughout the world, Kenyan courts have ruled that the government must arrest Bashir should he travel to the country again.

President Bashir during his visit to Kenya in August 2010

President Bashir, who is wanted by the International Criminal Court (ICC) for crimes against humanity, war crimes, and genocide, first traveled to Kenya in August 2010 and attempted to travel to the country a second time for the IGAD summit last October. Both occasions were met with heavy criticism by Kenyan civil society groups and international justice advocates since as a state party to the ICC, Kenya is obligated to arrest any individual wanted by the court. Unfortunately, Kenya is not the only ICC member state to flout their obligations under the Rome Statute and Chad, Djibouti, and Malawi have also welcomed the wanted war criminal into their countries.

After Bashir’s second attempt to visit Nairobi, the Kenyan chapter of the International Commission of Jurists filed a suit against their government to prevent Kenya from defying their international obligations by allowing Bashir to visit yet again. The ruling by the Kenyan court is an important victory for civil society organizations and international justice proponents and sends a strong signal to leaders of ICC member states that their people take commitments to justice seriously and will act to keep leadership from allowing impunity for perpetrators of mass atrocities.

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NTC Must Not Follow in Gaddafi’s Footsteps

Thursday, October 27th, 2011

With the fall of the Gaddafi regime it is imperative that Libya’s National Transitional Council (NTC) take steps to protect civilians and not follow the violent path of the late dictator. Unfortunately, there have been multiple incidents of severe human rights violations by the opposition forces throughout the conflict and many fear the potential of reprisal targeting of former Gaddafi supporters.

Bodies of Gaddafi supporters at the Mahari Hotel in Sirte © Peter Bouckaert/HRW

Earlier this week, Human Rights Watch issued yet another report on serious crimes allegedly perpetrated by NTC forces. According to the report, last week 53 Gaddafi supporters were executed at a hotel in Sirte which was under the control of NTC forces. Several of the bodies had their hands tied behind their backs and others had bandages covering prior wounds. Further actions like this will only serve to create additional tension and violence. It is crucial that the NTC adhere to international justice norms and not extrajudicially execute forces opposed to them.

While it is promising that the NTC has promised to investigate and prosecute the killers of Gaddafi, they must also live up to their commitments to the International Criminal Court (ICC) and turn over Gaddafi’s son, Saif Al-Islam Gaddafi, and Libya’s former intelligence chief, Abdullah Al-Senussi, to The Hague if they are captured. According to reports, the NTC may soon face that test as rumors have emerged that Saif is trying to negotiate his turnover to the court.

The NTC faces many serious challenges as they seek to rebuild their nation. A critical step towards creating national unity will depend on council’s observance of international law and dedication to justice. The council must respect human rights, even those of their opposition, and have an opportunity to demonstrate their dedication by turning over Saif and Al-Senussi to the court.

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UEG Letter to Malawian Embassy & Mission on Bashir’s Visit

Thursday, October 13th, 2011

Today, Sudanese President Omar al –Bashir arrived in Malawi to attend Friday’s annual summit of the Common Market for Eastern and Southern Africa. As a state party to the International Criminal Court, Malawi has a responsibility under international law to arrest Bashir; unfortunately, they have welcomed him with open arms. Below is a letter from United to End Genocide’s Executive Director Bama Athreya to the ambassadors at the Malawi Mission the UN and Embassy in Washington, DC on Malawi’s decision to allow Bashir to visit the country and encouraging the government to fulfill their obligations to international law and justice by arresting Bashir. United to End Genocide also issued a press release condemning the Malawian government for allowing a wanted war criminal into their country.

October 13, 2011

Your Excellency Ambassadors Matenje and Bowler:

We are writing to convey our deep concern about the Malawian government’s decision to welcome Sudanese President Omar al-Bashir to Lilongwe. As a state party to the International Criminal Court, Malawi must fulfill their commitments to international law and justice and arrest President Bashir who continues to target his own people.

As you know, the International Criminal Court has issued arrest warrants for President Bashir on charges of war crimes, crimes against humanity and genocide in Darfur. Not only is Bashir responsible for the deaths of 300,000 people in Darfur, but he is also currently committing atrocities against civilians in South Kordofan and Blue Nile as we speak. His indiscriminate bombing of civilians and blocking of food aid has displaced over half a million people this year and is setting up a humanitarian catastrophe that could threaten over a million people. In light of the continuing violence against civilians in Sudan, it is essential that Malawi, a signatory to the International Criminal Court, demonstrate the countries dedication to civilian protection and international justice by arresting Omar al Bashir.

Malawi’s decision sends a dangerous message to the world and to would be perpetrators of mass atrocities. As justice and accountability are critical components for lasting peace, we urge Malawi to fulfill their obligation to international law and justice by carrying out the arrest warrant for President Bashir.

Sincerely,

Bama Athreya

Executive Director

United to End Genocide

 

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