ICC / Justice Archive

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Ongoing Threat to Civilians in Libya

Friday, May 13th, 2011

May 11: Image from Libyan TV of Muammar al-Qaddafi. AP/Libyan TV

Nearly three months since Qaddafi first used air power, heavy artillery, and snipers against unarmed protestors, a civilian protection catastrophe continues to play out in Libya.

Forces loyal to Qaddafi threaten civilians with internationally condemned use of cluster bombs in residential areas, indiscriminate shelling of ports filled with huddled refugees, and by placing mines along the coast. Calculated tacit allowance of and reported forced overcrowding of ships have led to the deaths of an estimated 800 fleeing civilians, not including several hundred who drowned within sight of Tripoli harbor last week.

Action by the international community, including oil sanctions, asset freezes, travel bans, an arms embargo, and an investigation into crimes against humanity sent a strong message of warning to the Qaddafi regime.  As Qaddafi’s forces continued their abuses and closed in on the opposition city of Benghazi, promising to go house to house and show no mercy, the international community responded with a no-fly zone and aerial targeting of ground forces, successfully averting an imminent mass slaughter.

The nature of the threat has changed, but it is clear that civilians remain at risk in Libya.  Potential additional steps to better protect civilians are complicated by the military stalemate between opposition forces and troops loyal to Qaddafi.  Recent advances around the key western opposition-held city of Misurata are encouraging as they put a key entry point for humanitarian aid outside the range of Qaddafi’s shelling, but these gains could be short-lived.  Complicating the situation further, even as the opposition leadership gains international legitimacy, there are also troubling reports of opposition groups forming death squads to target former government officials.

UN Secretary General Ban Ki-moon has called for an immediate ceasefire and the International Crisis Group has said that “a political breakthrough is by far the best way out of the costly situation created by the military stalemate”.  But as long as Qaddafi refuses to halt violence and step down civilians will continue to be threatened in Libya.  Until a credible political option is possible, the following actions should be considered for ramped up response by the international community:

Diplomatic Recognition: France, Italy, and several Arab states have already recognized the opposition Transitional National Council (TNC) as the legitimate government of Libya.  Additionally, British Prime Minister David Cameron has invited the TNC to open an office in London.  While the United States has not yet officially recognized the TNC, there is an envoy in Benghazi and Secretary of State Hillary Clinton has had three meetings with opposition leaders.  At the White House today, President Obama’s national security adviser met with TNC leader Mahmoud Gibril.  Outright recognition by the United States, the Arab League, and others would help to undermine Qaddafi’s support.

Justice: International Criminal Court prosecutor Luis Moreno-Ocampo announced that on Monday he will seek arrest warrants for three Libyan officials “who appear to bear the greatest responsibility for crimes against humanity” in Libya.  The threat of prosecution likely contributed to the decision of several Libyan officials to defect including the former Foreign Minister.  These defections continue, as the Libyan consul in Cairo and a military attache in the United Arab Emirates have also defected in the last few days.

Funding: The international community has begun to provide various types of funding assistance to the Libyan opposition ranging from strict humanitarian aid to more ambiguous “non-lethal” aid.  The United States promised $53 million of humanitarian assistance, part of $245 million pledged by the international community as a whole.  The United States has also said that it will provide up to $25 million in “non-lethal” support including medical supplies, uniforms, boots, tents, rations, and personal protective gear to support the “TNC’s efforts to protect civilians and civilian-populated areas under the threat of attack”.  The first shipment of 10,000 packets of pre-packaged food arrived on May 10th.  Efforts are also underway to free up a portion of Qaddafi’s frozen assets are essential as rebel held cities are already feeling the squeeze of limited supplies of fuel, electricity, and food.  On the reverse side, blocking of funding to Qaddafi continues to put pressure on him and his followers.

Humanitarian Force: Recent gains around Misurata have helped to quell fears of a blockade of humanitarian access.  If key aid is cut off, the European Union has offered a humanitarian military force if one is requested by the UN Office for the Coordination of Humanitarian Affairs.

Military Aid: NATO air strikes continue to target Libyan military forces as well as command and control centers, a target list that includes Qaddafi’s palace.  No foreign soldiers are on the ground, but the United States has provided CIA teams to help train the rebels.  The United States has provided drones, but NATO allies have requested further assets to allow for precision targeting of Qaddafi forces, which are increasingly located in civilian areas.  A more active, but risky stance regarding military aid would include providing light weapons to the rebels.

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Failure to Arrest International Fugitive Omar al-Bashir

Wednesday, May 11th, 2011

Sudanese President Omar al-Bashir

Despite outstanding International Criminal Court (ICC) arrest warrants for Sudanese President Omar al-Bashir on counts of genocide, war crimes, and crimes against humanity for atrocities committed in Darfur, nations continue to disregard their international commitments and welcome Bashir into their countries. According to the Rome Statute, which established the ICC, member states are legally obligated to arrest any individual wanted by the court. However, as there is no enforcement mechanism, several ICC member states have failed to fulfill their international legal obligations to arrest President al-Bashir during his visits.

On Saturday, President Omar al-Bashir traveled to Djibouti to attend a ceremony for the inauguration of President Ismael Omar Guelleh. While Djibouti is a state party to the Rome Statute, they failed to arrest Bashir when he visited the country this weekend. This makes Djibouti the third country to disregard its treaty obligations. Last year Kenya and Chad, who are both ICC member states, also hosted President al-Bashir and failed to fulfill their commitments to international law.

The Sudanese government announced today that the President of Uganda, Yoweri Museveni, had also invited President al-Bashir to his inauguration ceremony on May 12th. This is particularly disheartening because Uganda is an ICC member state and a major proponent of the ICC in the region. President al-Bashir has been invited to Uganda on several occasions, but has yet to visit the country since the issuance of the ICC warrants.

The African Union has repeatedly denounced the ICC warrants for Bashir and passed a resolution demonstrating solidarity with the Sudanese president, and pledging not to cooperate with the ICC and disregard his arrest warrant. By flouting their obligations under international law to arrest Bashir, ICC member states who host the Sudanese president damage the effectiveness and perception of the court. The Ugandan government must arrest Bashir if he attends Museveni’s inauguration ceremony or be held accountable if he arrives.

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In Remembrance of Victims of the Holocaust, CWFs Present a Case for Prevention

Friday, April 29th, 2011

Next week citizens around the world will commemorate Holocaust Remembrance Day. Joining them will be two 2011 Carl Wilkens Fellows from Texas and Connecticut.

Beth McDaniel, 2011 Carl Wilkens Fellow in Austin, TX

In Austin, TX Beth McDaniel is working with her Jewish Community Relations Council to host Gabriel Bol Deng, a Sudanese Lost Boy who is speaking on contemporary genocide Monday, May 2nd at the State Capitol Open-Air Rotunda at 12:00 noon CT. As a child, Gabriel’s village was bombed while he was away tending cattle for his family. He walked 1,000 miles across Sudan with no shoes, avoiding lions, crocodiles, starvation and disease. After living in a refugee camp for 15 years he immigrated to the U.S. and became a citizen. He has since founded the Hope for Ariang Foundation, whose mission is to rebuild his old village in South Sudan. The event is free.

On Saturday, April 30th at 7:00pm CT Beth is hosting a more intimate meet-and-greet fundraiser with Gabriel at her home. Food and beverages will be served. A $50/person tax deductible donation will benefit the Hope for Ariang Foundation and the Genocide Intervention Network/Save Darfur Coalition. “I hope community members in Austin can make it to these events,” said Beth. “I would like everyone to meet our extraordinary friend, Gabriel, and hear his fascinating story.” If you are a community member in Austin and would like to RSVP for this event, please contact Beth at bethwoskow@aol.com.

Jim Messina, 2011 Carl Wilkens Fellow in New Haven, CT

Celebrating their ninth Holocaust Remembrance Day, Hamden, CT will host a commemoration event on Friday, May 6 at 12:00 noon ET in Thornton Wilder Hall at the Miller Library Complex. Under the theme of Justice and Accountability in the Face of Genocide, the keynote speaker for this public event will be 2011 Carl Wilkens Fellow Jim Messina of New Haven. “This is an important time to focus on what we can do to prevent genocide,” said Jim. “I hope that this is the start of an ongoing conversation with other citizens in Connecticut.”

 

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The world’s leaders Failed Darfur women by their inaction

Friday, March 25th, 2011

The world’s leaders Failed Darfur women by their inaction

March 8 was International Women’s Day, a very special day for me personally as a Sudanese woman from Darfur. It’s an important moment in which I stand in recognition of the struggle of the Darfuri women and as part of women’s struggle worldwide. Despite the suffering, Darfuri women have demonstrated outstanding resilience and strength and have served as leaders and spokesperson’s for their communities during the ongoing genocide in Darfur, for which they have to be recognized, particularly those who are still living in the camps.

March 8th was the 100th anniversary of International Women’s Day. In 1911 – the year the holiday was first celebrated internationally – women could not yet vote in most countries. It is worth noting that women have accomplished a lot globally since then , however, that is  not because the world have changed or opened its arms for women to come forward and have access to the different levels of participation, no, this is not simply the case! It’s because of women’s unspeakable struggles. Despite the fact that today a number of women serve as presidents and in other positions of power, there is still a long way to go if women are to enjoy the same access and rights as men. Looking at UN’s  this year’s theme for International Women’s Day, “Equal access to education, training, and science and technology: Pathway to decent work for women,” indeed it is a very vital goal to be accomplished, however it’s extremely overwhelming when I look back and see the challenges ahead for women like those in Darfur.

For 8 years, while women around the globe have celebrated International Women’s Day, Darfuri women endure horror and fear every single hour of their existence. Since 2003, women in Darfur have been crying for security, protection and decent life with dignity as their minimum very basic rights, only to see handful promises from the international community.

Today as I am writing, rape and all forms of sexual violence has become part of the Darfuri women’s daily life, following news coming from on the ground in Darfur, at least 10 women are raped every week and these reports are only from those who can be able to speak or find someone who can speak for them. There are many more uncounted cases of those out of reach who can’t speak for themselves. After 8 years of suffering and oppression, it’s very unfortunate to see how the world leaders have failed the Darfuris by their inaction.

Listening to the Netherlands based Radio Dabanga, women have been asked in this occasion to describes  their situation, as one woman from Zalingi said, “in this special day we are not celebrating , because we have been deprived from  life, we are constantly oppressed and set to live in fear for being attacked at any time. The government has oppressed us through rape, starvation and forced us to live in salience, this is happening within the watch of the United Nations/African Union Mission (UNAMID) that is suppose to protect us”.

In Sudan today, the systematic rape have been extended by the government’s security apparatus to target even Darfuri women in the capital Khartoum as in case of Safia Ishag who was arrested following the students uprising and brutally raped by three national security agents. The government has also integrated violence against women into its state laws which legalize the flogging of women in public because of their choices such as of wearing pants.  On March 8th Sudanese women in Khartoum went out to denounce these state laws, leading a peaceful protest against women’s oppression and demanding legal reforms. Sadly over 40 women have been beaten, arrested, and forcefully kept for further interrogation.

As one of the first-hand witnesses to the horror against women in Darfur and Sudan at large, I am determined to continue to speak for them to remind the world of the forgotten plights of my fellow people in Darfur. We must remind those leaders who have not kept their promises and call upon women leaders, particularly in the United States such as Secretary of the State Hillary Rodham Clinton and the US ambassador for global women’s issues, who have shown commitment to women issues that Darfuri women need your voices and demand your commitment to lead and rally the support for ending the tragic conditions that have surrounded their make shift camps for 8 years in Darfur. As women leaders, with competence and capability it’s imperative that you become the voice for those who are left voiceless in Darfur, and you should not allow the indicted genocidal criminal Al-Basher to rule over their destiny.

I urge the attention of women leaders worldwide, those who have devoted themselves to fight for women’s rights, to tell the world that Darfuri women need protection, security and safety. I call upon those who have committed to fight impunity that achieving justice and accountability for the crimes committed against the Darfuri women is morally imperative.

Finally, I can’t let this moment goes without recognizing the remarkable role played by Netherlands based Radio Dabanaga,  which lunched special radio program devoted to give Darfuri women a voice. It does not only give them the hope that they can now make their voices heard, but it will bring their plight to the attention of the world community. If a little radio can give a woman a voice, then why not the United Nations with its huge operation, or why does the United States not take such practical steps that can substantially benefit women? It’s evident that if we can’t do everything we can still do something that can tangibly improve the life of women in some areas that they need the most.

 

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Two Years After Indictment, Bashir Still at Large

Saturday, March 5th, 2011

Sudanese President Omar al-Bashir

On March 4, 2009, the International Criminal Court (ICC) issued its first arrest warrant for a sitting head of state and indicted Sudanese President Omar al-Bashir for crimes against humanity and war crimes committed in Darfur. Unfortunately, two years later Bashir has still not been held accountable for his crimes and the Sudanese government continues to commit mass atrocities throughout the region.

Eight years after the genocide began in Darfur, violence and insecurity remains widespread and in 2010 over 300,000 civilians were displaced by attacks from the government and as a result of clashes between the Sudanese Armed Forces (SAF) and rebel movements. Bashir’s regime continues to indiscriminately bomb villages and target Darfuri civilians with complete impunity. In July 2010, the ICC issued a second arrest warrant for Bashir for three counts of genocide. Unfortunately, the African Union has passed several resolutions calling on its members to ignore the ICC warrants to arrest Bashir.

President Bashir is not the only perpetrator of mass atrocities in Darfur that the ICC has investigated. The court has also issued warrants for the arrest of former Minister of State for the Interior Ahmad Harun and janjaweed militia leader Ali Kushayb, and has also opened cases against three rebel leaders who have each submitted to the court. Harun and Kushayb have been charged with 42 counts of crimes against humanity and 50 counts of war crimes, however, like Bashir, neither have been held accountable for their crimes.

The traditional local justice system in Darfur has been severely damaged after years of violence and corruption allowing perpetrators of violence against women and other crimes against civilians to do so with impunity. Justice for victims of the genocide in Darfur is an essential element towards peace in the region and therefore the international community must provide support to the ICC to ensure that perpetrators of mass atrocities are held accountable.

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Darfur Interfaith Network demands attention to Darfur

Thursday, March 3rd, 2011

“No impunity for genocide crimes committed in Darfur”

On Sunday, February 20th, I joined a dedicated group of American activists from diverse faiths, including Judaism, Christianity, and Islam, that united to protest in front of the Sudanese embassy in Washington D.C.   We were there to call for an end to the systematic violence against civilians in Darfur. For each month in the past four years, the Darfur Interfaith Network (D.I.N.) has come to stand with the victims of genocide in Darfur and support the right of self-determination for the people of South Sudan.  On the Sunday that I attended, the group celebrated the peaceful completion of the South Sudan Referendum and called on the United States government and international community to turn their attention to the escalation of violence in Darfur.

Laura Katz Cutler, the founder of D.I.N. said, “We have been doing this for four years, and will never, ever stop until the genocide victims in Darfur are freed and they can live in peace and with dignity. We are committed to stand here every third Sunday of the month to tell our government that the war in Darfur is not over and it is too early to normalize relations with Khartoum or lift sanctions or remove their name from the state sponsors of the terrorism list, while the genocide is ongoing in Darfur.”

I shared with the activists the heartbreaking news about the current situation in Darfur, including the continued attacks against civilians, which killed over 2,300 Darfuris and displaced over 300,000 more, and the increased cases of sexual violence that are being reported nearly every day. December’s indiscriminate bombings in Jebel Marra, Thabit, Shangle Tobai, and many more areas in North and South Darfur displaced over 40,000 people and left thousands without critical aid. Unfortunately, the UNAMID troops that are there to protect civilians are hogtied by the Sudanese government’s obstructionism and the unwillingness of the international community to hold Khartoum accountable.  I told the group “Sadly, despite the devastation and the tragic situation for our people in Darfur, the Obama administration announced its plan to normalize relations with the al-Bashir regime and to take Sudan’s name off the list of the state sponsors of terrorism.”

Jimmy Mula, the President of Voices for Sudan and originally from South Sudan, said “We are grateful that the referendum went peacefully, however our task has not yet been completed as long as Darfur is still burning and the indicted president is still dictating over the Sudanese people affairs. The time has not yet come for America to normalize relations; we must write to the Obama Administration to tell him that we are against the normalization with Bashir and that his policy toward normalization should be revisited.” Mohamed Yahya, a Darfuri American and the Executive Director of Damanga Coalition for Freedom and Democracy, stated, “It’s very unfortunate that this great country is planning to reward the regime that killed millions of people, in both the civil war in South Sudan and the current genocide in Darfur.  It’s known to the world that he has been indicted for genocide, and shame on us, the American people, if we can’t tell our government not to do so”.

Miss Katz Cutler said, ”From what we have seen in the recent developments in the Middle East and North Africa, it’s proven that only the will of people can remain the power that can bring the change. Therefore there is no reason for us not to continue support the will of the people of Darfur to live in peace.”

At the end of the vigil, we gathered and prayed together and reiterated our commitment to continue to do whatever it takes to stand with the victims of the Darfur genocide. I left with much hope and energy.

I am convinced that the promise of “Never Again” can only become reality if ordinary citizens work for it. Groups like the Darfur Interfaith Vigil are not hesitant to tell their government and the world that they demand that President al-Bashir be held accountable for the crimes against humanity and genocide.

I believe that those of us who are lucky to have escaped the ongoing genocide in Darfur are obliged to be the voice for our people who have been oppressed and silenced. We must stand firm, build strong alliances with all people of conscience to fight against genocide and mass atrocities everywhere, and continue to defend the rights of all the oppressed and their equal access to justice and human rights.

Niemat Ahmadi, Diaspora Outreach and Advocacy Coordinator, Genocide Intervention Network/Save Darfur Coalition

About http://www.hope4darfurmarch.org/darfur-interfaith-network

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New Action on Libya, but Enough?

Friday, February 25th, 2011

After more than 10 days of violence against civilians in Libya, international responses are beginning to ramp up. Strong statements of condemnation over the past week will soon be accompanied by concrete actions. But will strong statements and the actions suggested be enough to protect the lives of Libyans who are in immediate danger?

Just today, NATO ambassadors, the United Nations Human Rights Council, and the UN Security Council all held special meetings on Libya.   The UN Human Rights Council recommended that the UN General Assembly consider suspending Libya’s membership in the councilThe White House announced it was finalizing unilateral sanctions on Libya, and a Security Council resolution is reportedly in the works.

Early indications suggest that Libya may soon face an arms embargo, an asset freeze, and sanctions against both the country and targeted individual Libyan leaders.  Further steps, including referral to the International Criminal Court and establishment of a no-fly zone have been received more cautiously.  But these signals of accountability and force are the kind of steps that can truly change the calculus of those who would commit further atrocities.

President Obama will meet with UN Secretary General Ban Ki-moon on Monday.  As he continues to build international consensus for a strong response, he should be firm in pushing for the kind of concrete steps suggested in a Genocide Intervention Network/Save Darfur Coalition petition to UN Ambassador Susan Rice, that can truly make a difference with those facing immediate danger.

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Drones Against Genocide

Friday, February 11th, 2011

Photo: U.S. Air Force

With names like “Predator” and “Reaper”, the envisioned mission of the unmanned drone air crafts used by the U.S. military seems pretty obvious.  But what if those weapons of war could be used for a different mission – to prevent mass killing?  This was an idea explored by GINet/SDC’s President Mark Hanis and Executive Director Sam Bell five years ago.  Today the idea is gathering momentum with the Pentagon, where officials are looking at how “drones can stop the next Darfur”.

While innovative efforts have already begun to use satellites to monitor events in Darfur and along the border between north and south Sudan, the use of Unmanned Aerial Vehicles (UAVs) could provide higher resolution, real-time footage that satellites can not.  Similarly, High Altitude Air Ships, might be used, providing similar advantages without violating sovereign air space as may be the case with UAVs.  Such technology can be used to provide early warning of mass atrocities and later accountability for those that perpetrate them.  The footage collected can be used by multiple stakeholders providing up-to-date coverage for the media, evidence for the International Criminal Court to prosecute potential war criminals, and leverage for diplomats to counter the denial of perpetrators.  UAVs can also serve to jam radio signals, something that experts argue could have helped in silencing the hate-filled calls of the Radio Libre des Mille Collines during the Rwandan genocide.  Similar suggestions have been made more recently concerning tensions and the potential for mass atrocities in Cote d’Ivoire.

As with any new use of technology, it must be recognized that there are risks.  For example, footage taken might be used to identify new targets for attack.  Careful use will be necessary, but the potential for saving lives makes such explorations well worthwhile.

The success of any new technology, however, will ultimately depend on generating the political will to act.  This is the task of concerned citizens and perhaps the most important contribution of any innovative use of new technology.

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The LRA in Sudan: A Troubling Report

Friday, January 14th, 2011

A report on Al Jazeera English provides troubling evidence of recent contacts between the Sudanese Army and the notorious Lord’s Resistance Army (LRA).  The LRA is known for abducting children and forcing them to commit atrocities, and its leader, Joseph Kony, is wanted by the International Criminal Court for crimes against humanity and war crimes.

This is particularly disturbing given the current referendum over southern independence in Sudan and the history of Sudanese Government arming of the LRA as a proxy force against the South prior to the Comprehensive Peace Agreement in 2005.

We will be following this closely and providing further information in the coming weeks.

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Keep your eyes on Darfur

Friday, January 14th, 2011

Ambassador Dane Smith

In a letter to Ambassador Dane Smith, the newly appointed U.S. Senior Advisor for Darfur, Darfuri diaspora civil society leaders stated: “With the international communities’ focus on referendum for independence in South Sudan, Darfur has been largely overlooked and Omar Al-Basher’s regime has taken the opportunity to further oppress Darfuri civil society and initiate attacks against civilians.”

Today the situation in Darfur is gravely dangerous; with over 4 million people affected by war and depending completely on food aid for almost 8 years. The majority of whom have been internally displaced and remain subject to the direct attacks, abduction, arrest, rape and the deprivation of food, rape of women and girls and sadly their fate is left to be determined by the indicted genocidal criminal Al-Basher.

The escalation of attacks by the Janjaweed and the government army has been increasing since March 2010 after the renewal of fighting between the government and the Darfuri movements. The obstruction of aid assistance and the systematic targeting of the Darfur human right defenders and the civil society activists everywhere in Sudan is dramatically increasing and has brought a new dimension to the tragic situation that our people are living in.

Over the past few months in Darfur there have been several reports of violent attacks by the Government of Sudan (GoS) against the innocent civilians such as the recent attack on Khor Abeche which set off a renewal of fighting in December between the government and the Darfur rebel groups. The aerial bombing of villages by Khartoum  and fighting between the government and rebels has resulted in displacement of over 32,000 civilians in December and an estimated 300,000 in 2010 alone, most of whom are left with no access to humanitarian assistance.

Darfuri diaspora rally at the United Nations in 2009

While the government rhetorically claims to be dedicated towards peace negotiations with the Darfuri movements, they have repeatedly violated all the ceasefire agreements; furthermore they have reignited the conflict with SLA-Minni Minawi, the only faction to have signed a peace agreement with GoS. They have also withdrawn their negotiating team from Doha peace talks on December 30th which itself not only shows the lack of commitment to peace, but further undermines the authority of the mediation, the venue and the host country. The government also continues to deny access for humanitarian organizations and UNAMID, which has limited their ability to reach the affected populations particularly in Jebel Marra and the recently displaced from Shangil Tobai, Dar el Salam, and Khor Abeche areas which have limited their ability to provide supplies and security for Darfuri civilians. This demonstrates that the government is acting with total impunity because of lack of serious accountability measures and pressure from the international community including the United States. The lack of and the poor aid conditions is overwhelming in all of the camps in Darfur due to the government restriction since the March 2009 expulsion of the major aid organizations.

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