Category Archives: armed conflict

ICTY Delivers Ruling on Two Landmark Cases Before Shutting Its Doors

Genocide memorial near Srebrenica
Credit: Michael Büker via Wikimedia Commons

The International Criminal Tribunal for the former Yugoslavia (ICTY) has issued judgments in its final two cases ahead of the tribunal’s scheduled closure in December. On November 22, 2017, the ICTY – the ad hoc tribunal established by the United Nations to address war crimes committed after 1991 in the territory of the former Yugoslavia – convicted and sentenced Ratko Mladić, also known as the “Butcher of Bosnia,” to life imprisonment for genocide, crimes against humanity, and other war crimes. [ICTY Press Release: Mladić; HRW] In the wake of his conviction, the international human rights community has shown strong support for the Mladić decision, with UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein hailing the judgment as a momentous conviction and describing Mladić as the “epitome of evil.” [OHCHR Press Release] On November 29, 2017, the ICTY issued a judgment on appeal in the case Prosecutor v. Prlić et al., which will be the Tribunal’s final decision. [ICTY Press Release: Prlić et al.] The Appeals Chamber upheld the sentences of the six individuals, who remain convicted of crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions for crimes committed against Bosnian Muslims. [ICTY Press Release: Prlić et al.] The ICTY, which has its seat in The Hague, Netherlands, will formally close on December 31, 2017 after 24 years of operation and concluding proceedings for 161 accused. [ICTY Press Release: Prlić et al.] See ICTY, Key Figures of the Cases. Read more

ICC Orders Reparations for Destruction of Timbuktu Cultural Sites

The former site of a mausoleum in Timbuktu that was destroyed in 2012
Credit: UN Photo/Marco Dormino

On August 17, 2017, the International Criminal Court (ICC) issued a Reparations Order in the case of Ahmad Al Faqi Al Mahdi, who in September 2016, upon pleading guilty to the destruction of 10 religious and historic sites in Timbuktu, Mali, was sentenced to nine years’ imprisonment. [ICC Press Release; IJRC] In its Reparations Order, Trial Chamber VIII of the ICC found Al Mahdi liable for 2.7 million euros (or approximately 3.18 million USD) in both individual and collective reparations for the community affected by the 2012 attacks, which occurred in the context of Mali’s internal armed conflict. [ICC Press Release] The Court, emphasizing the cultural and sentimental value of the destroyed property, ordered reparations for three categories of harm: damage to the targeted buildings, resulting economic loss, and moral harm. [ICC Press Release] The reparations are designed to rehabilitate the attacked sites, address the community’s financial losses, and potentially fund symbolic measures, such as memorials, to serve as public recognition of the harms incurred by the Timbuktu community. [ICC Press Release] Given Al Mahdi’s indigence, the Court encourages the Trust Fund for Victims (TFV), an agency that will implement the order, to supplement the reparations to the extent possible. [ICC Press Release; Guardian] Read more

News Clips- August 11, 2017

The United Nations Security Council adopts increased sanctions against North Korea
Credit: UN Photo/Kim Haughton

Civil Society

  • In Kenya, five people have been killed since Raila Odinga, an opposition leader, declared the recent presidential election fraudulent. [Al Jazeera]
  • On Thursday, authorities in Turkey issued 35 detention warrants for journalists and other individuals connected to Fethullah Gulen, who has been accused of involvement in the attempted coup last year. [Washington Post]
  • On Sunday, Russia passed a law with increased restrictions on virtual private networks (VPNs), reducing user anonymity. [Guardian]

Violence & Humanitarian Crises

  • On Tuesday, Human Rights Watch reported that Israel’s transfer of Palestinians in Jerusalem out of their homes may amount to war crimes. [Al Jazeera]
  • On Wednesday, the United Nations Security Council linked conflict to “devastating humanitarian consequences,” like threats of famine, in Yemen, Somalia, South Sudan, and Nigeria. [Washington Post]
  • This week, police forces in India launched a hotline dedicated to preventing honor killings for couples who feel threatened by their families. [Reuters]

Activities of Supranational Entities

  • On Wednesday, several United Nations entities concluded in a joint statement that the implementation of the Declaration on the Rights of Indigenous Peoples has been obstructed by continued vulnerability and exclusion. [UN News Centre]
  • On Saturday, the United Nations Security Council strengthened sanctions against North Korea, imposing a full ban on the export of coal, iron, and iron ore, among other limitations. [UN News Centre]
  • Last week, the European Court of Human Rights stopped Russia’s deportation of Khudoberdy Nurmatov, a reporter who fears he would be tortured if he returned to Uzbekistan. [Washington Post]

Migrants, Refugees, & Asylum Seekers

Politics

  • This week, North Korea announced a plan to launch four intermediate-range missiles to land near the United States territory of Guam. [Guardian]
  • On Thursday, China called for the immediate withdrawal of Indian troops that China says have been increasing along the China, India, Bhutan border. [Al Jazeera]

UN Reports Civilian Casualties, Rights Abuses Remain High in Afghanistan

Tadamichi Yamamoto, head of UNAMA, at the UN Security Council
Credit: UN Photo/Eskinder Debebe

On July 17, 2017, the United Nations Assistance Mission in Afghanistan (UNAMA) released its mid-year report on the situation of civilians in Afghanistan, revealing that the level of civilian casualties remains high. [UNAMA Press Release] UNAMA confirmed a total of 5,243 civilian casualties (1,662 deaths and 3,581 injured) from January 1 to June 30, 2017, which represents a decrease of less than one percent from the same period in 2016, but reported an increase in deaths. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017 (2017), at 3. The number of women and children killed and injured has increased this year, despite a decline in women and children casualties in 2016. [UNAMA Press Release] Civilian casualties in the first half of the year were primarily the result of anti-government forces’ use of improvised explosive devices (IEDs), such as suicide bombs, in civilian-populated areas. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017, at 3–4. Medical facilities and schools continue to be targeted, impeding Afghans’ access to health care and education. See id. at 13, 17–19.

In consideration of its findings, UNAMA recommends that anti-government forces stop targeting civilians, that government forces stop using weapons such as mortars and rockets that can have devastating effects in civilian areas, and that international militaries support and train Afghanistan’s national army, among other recommendations. [UNAMA Press Release] In a statement recognizing the high rates of death and injury recorded in the report, the UN High Commissioner for Human Rights noted that the statistics on casualties do not depict the full extent of the loss and suffering, such as psychological trauma and displacement. [OHCHR Press Release] Afghanistan is a State party to the Rome Statute, Geneva Conventions, and the International Covenant on Civil and Political Rights (ICCPR), and, therefore, the State must refrain from targeting civilians during non-international armed conflict and respect and protect the right to life.

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ICC: South Africa’s Failure to Arrest Sudanese President Violates Rome Statute

Omar al-Bashir, President of Sudan
Credit: U.S. Navy photo by Mass Communication Specialist 2nd Class Jesse B. Awalt/Released via Wikimedia Commons

In its decision of July 6, 2017, a pre-trial chamber of the International Criminal Court (ICC) held that South Africa violated its obligations under the Rome Statute by failing to comply with an ICC request to arrest and turn over to ICC custody Sudanese President Omar al-Bashir, who is wanted on multiple counts of crimes against humanity, war crimes, and genocide in relation to the conflcit in Darfur. [ICC Press Release] Al-Bashir was in South Africa for a meeting of the African Union from June 13–15, 2015. [ICC Press Release] Despite its conclusion, the Court elected not to refer South Africa’s non-compliance to either the Assembly of States Parties – the legislative body of the ICC – or the United Nations Security Council, citing the fact that South African courts have already disposed of the matter. [ICC Press Release] The referrals, the Court said, are unnecessary to obtain cooperation from South Africa. [ICC Press Release] This decision could have implications for al-Bashir and others wanted by the ICC as they decide whether and where to travel. [New York Times] Since the issuance of his first arrest warrant in 2009, al-Bashir has managed to travel internationally to Asia and within Africa, but has strategically avoided the United States and Western European countries where he faces a greater risk of arrest. [New York Times] Read more

News Clips- June 30, 2017

United Nations General Assembly High-level Action Event on Education
Credit: UN Photo/Eskinder Debebe

Civil Society

  • On Tuesday, Amnesty International joined a boycott protesting the mandatory reporting rules for foreign-funded groups recently put into force in Hungary. [Washington Post]
  • On Monday, Mexican reporter Salvador Adame was found dead in Mexico; seven journalists have been murdered in the country this year. [Guardian]
  • Over the weekend, police forces in Istanbul, Turkey detained 44 people attending LGBT marches that were banned by the governor of Istanbul. [Washington Post]

Violence & Humanitarian Crises

  • On Tuesday, the Revolutionary Armed Forces of Colombia fully disarmed, ending a half-century long armed struggle that has killed more than 220,000 people. [Washington Post]
  • On Tuesday, the United States government issued a warning to the Syrian regime that there would be a “heavy price” for any use of chemical weapons. [Guardian]
  • On Friday, 40 people were killed, and 100 wounded, during four bomb and gun attacks in three cities in Pakistan claimed by multiple extremist groups. [Washington Post]

Activities of Supranational Bodies

Migrants, Asylum Seekers, & Refugees

Politics

  • On Wednesday, the government of Pakistan issued its first passport with a transgender category. [Reuters]
  • On Tuesday, several corporations in Europe reported massive cyberattacks via ransomware viruses. [Al Jazeera]
  • On Monday, the United States Supreme Court lifted the block on the implementation of President Trump’s ban on travel from six countries but only for individuals who lack a “credible claim of a bona fide relationship with a person or entity in the United States.” [Guardian]

News Clips- May 26, 2017

United Nations Security Council discusses South Sudan
Credit: UN Photo/Evan Schneider

Civil Society

  • On Wednesday, after eight weeks of protests, the death toll in Venezuela rose to 56 people. [LA Times]
  • On Wednesday, anti-government protesters in Brazil set fire to a ministry building, and in response, President Michel Temer gave the army policing power to restore order. [Reuters]

Violence & Humanitarian Crises

  • On Wednesday, a bombing in Somalia, claimed by al-Shabaab, killed five and injured six civilians. [Reuters]
  • On Tuesday, two United Nations peacekeepers were killed in Mali. [Washington Post]
  • On Monday, at least 22 people were killed in a suicide bombing at a concert in Manchester, Britain. [Guardian]
  • On Friday, a United Nations report concluded that soldiers in South Sudan responsible for killing more than 100 civilians between July 2016 and January 2017 may be liable for war crimes or crimes against humanity. [Newsweek]

LGBTI

  • On Wednesday, the Constitutional Court in Taiwan ruled in favor of same-sex marriage, allowing Taiwan’s legislature two years to amend its laws. [Washington Post]
  • On Monday, 100 men were arrested in Indonesia in a raid on a gay sauna. [Guardian]
  • On Friday, 27 men were arrested in Bangladesh based on suspicions that they are gay. [Washington Post]

Activities of International Bodies

  • On Wednesday, the Inter-American Commission on Human Rights created three new thematic units: the Unit on the Rights of Persons with Disabilities; Unit on Memory, Truth, and Justice; and Unit of the Rights of Older Persons. [IACHR Press Release]
  • On Wednesday, the United Nations Office of the High Commissioner for Human Rights launched guidelines for the proper investigation of unlawful killings. [OHCHR Press Release]
  • This week, a panel supported by the United Nations publicly released a draft of a treaty that would ban the possession and use of all nuclear weapons. [Guardian]
  • On Friday, the European Parliament passed a resolution requesting a United Nations-led investigation into the killing of protesters in Ethiopia. [HRW]

Migrants, Asylum Seekers, & Refugees

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