A former defense investigator at the Rwanda Tribunal’s trial of Jean de Dieu Kamuhanda, Léonidas Nshogoza, was found guilty of contempt yesterday and sentenced to 10 months imprisonment for repeatedly meeting with and disclosing protected information about two witnesses.

Although this was a much different offense than that of another former defense investigator, Joseph Nzabirinda, who in 2007 pled guilty to murder charges for his involvement in the genocide, it is nonetheless important as brings up the difficult problem of witness protection measures before international tribunals.

The ICTR has the power to order that particular witness be classified as ‘protected’ for reasons of security, and has often done so.  At trial, the witness will generally testify live under an alias, screened off from the public viewing gallery; any identifying information will be given in closed session, or else redacted from the public record if mistakenly given in open session.

However, in the past some have argued that while such measures are taken at the court’s seat in Arusha, Tanzania, the Tribunal has failed to protect witnesses after their testimony, which has in turn had a chilling effect on the willingness to testify.

While the full Nshogoza judgment is not yet publicly available, it was alleged during trial that in the context of Kamuhanda’s appeal, Nshogoza met with protected witnesses in violation of a court order not to do so and in the presence of third parties (at times sympathetic to Kamuhanda) discussed their testimony, and bribed them to recant.  Ignoring the obviously glaring problem of investigators allegedly bribing witnesses to falsify testimony, in a society that is still struggling to overcome the ramifications of the 1994 genocide of 800,000 Tutsis and moderate Hutus, disclosing a witness’ identity even by simply meeting with them in a public place can itself have serious implications.

Nshogoza’s conviction is a step in the right direction for the ICTR, but it is also an example that needs to be taken into serious consideration when creating or implementing witness protection procedures in other instances.  While the ICC in particular has recognized this in shoring up its protection unit, the lines between bringing an accused to justice, protecting their rights, but also protecting the safety of witnesses, will forever be precarious ones to walk.

The re-release of a May 2004 internal CIA report on the agency’s secret detention and interrogation program was again delayed this afternoon, CNN reports.

The document has been requested by the ACLU as part of its ongoing Freedom of Information Act lawsuit.  It is a report regarding then CIA inspector general John L. Helgerson’s May 2004 review of the agency’s program.

A version of the report was released by the Bush administration in 2008, but was so heavily censored that its re-release has been requested.  It is widely believed that the released document will contain a critical analysis of the effectiveness of ‘enhanced interrogation techniques’.

Considering former Vice President Dick Cheney’s statements on CBS’s ‘Face the Nation’ that these practices ‘saved thousands, perhaps hundreds of thousands of lives’ many hope to use the analysis as proof – from sources inside the CIA itself – that the tactics used were both illegal and ineffective.

Time will tell.

An African Union summit will bring African heads of state together tomorrow in Libya; in anticipation 8 human rights organizations  yesterday called on the AU to ensure that Senegal prosecutes former Chadian dictator Hissène Habré for crimes against humanity and torture.

Habré, dubbed the “African Pinochet”, ruled Chad from 1982 until 1990; a Truth Commission accused his government of having carried out 40,000 politically motivated murders and 200,000 cases of torture during those 8 years.   He has lived in Senegal since his ouster in 1990.

For nearly 2 decades, affected Chadians and international human rights advocates have sought to bring him to trial. This long road was the subject of a 2007 film, and has included a Senegalese indictment issued in 2000, an international arrest warrant issued by Belgium in 2005, an AU mandate in 2006 that Senegal prosecute Habré, and in 2009, a decision by the ICJ not to extradite him to Belgium where he faces charges brought by a dual Belgian-Chadian national.

With allegations of 40,000 deaths, the AU and Senegal need to follow through on the promises they’ve made to prosecute.  But if the past 19 years are any indication, the pace is unlikely to quicken anytime soon.

Kaing Guek Eav, the leader at the notorious S-21 prison for the Khmer Rouge regime known simply as Duch, told a U.N.-backed war crimes tribunal Monday that the children of inmates were murdered to keep them silent.

“When children arrived at the center I gave the order to kill them because we were afraid those children would take revenge,” the 66-year-old told the court.

Five senior members of the Khmer Rouge were arrested in 2007 and charged with a variety of atrocities, including war crimes and crimes against humanity. It’s estimated than nearly 2 million people died during the reign of the Khmer Rouge in their effort to form an ultra-communist agrarian utopia through forced labor camps.

Duch denied responsibility for the execution of infants at S-21, a former high school, who were killed by smashing their heads against trees.

“I did not order that crime, but I believe my comrades did that,” said Duch.

Cambodia does not have a death penalty. Duch faces a maximum life sentence in prison if convicted of war crimes, crimes against humanity, torture and homicide.

A U.N. human rights team is scheduled to visit the Gaza Strip during the weekend to investigate Israeli conduct during the Gaza offensive in December.

South African Judge Richard Gladstone, the former chief prosecutor with the international tribunals for Rwanda and the former Yugoslavia, leads a team of four to the Gaza Strip, entering through the Rafah crossing June 1.

Entering through the Egyptian border point implies Israeli authorities did not grant the team permission to enter the Hamas-held Palestinian territory.

U.N. officials say Goldstone, a jurist of Jewish descent, had asked Jerusalem for permission and visas to enter Gaza, but was refused by Israeli authorities.

The Israeli military in the three-week offensive took international criticism for its heavy-handed tactics in response to Hamas shelling of border towns.

Palestinian groups claim over 1,400 people, including 926 civilians, were killed in the Israeli raid, while three civilians and 10 Israeli soldiers died during the operations.

Israel also faced a global backlash for its use of white phosphorus munitions over civilian populated areas during the attack. Though white phosphorus is permitted to illuminate targets, rights groups complain of the secondary affects of horrific burns when it comes into contact with human skin.

The Israeli military faced similar complaints during its 34-day conflict with Hezbollah militants in 2006.

FBI Director Robert Mueller told U.S. lawmakers Wednesday that the threat posed by harboring terrorist at U.S. detention facilities was a threat on par with that posed by high-ranking gang leaders.

“The concerns we have about individuals who may support terrorism being in the United States run from concerns about providing financing, radicalizing others,” Mueller said, as well as “the potential for individuals undertaking attacks in the United States.”

His statements were met with similar skepticism earlier in the week during budget debates over U.S. President Barack Obama’s request for funding to close the detention facility at Guantanamo Bay, Cuba.

While most of the debate centered on the threat posed by alleged al-Qaida suspects at Guantanamo, the sweeping defeat of the measure — a 90-6 vote in the Wednesday session — may be more of a political issues as U.S. lawmakers are unwilling to step forward to volunteer to host such high-ranking suspects as Khalid Sheik Mohammad in their jurisdiction.  That argument falls flat, however,when you consider the 1993 World Trade Center plotters and shoe-bomber Richard Reid are held in U.S. detention facilities on U.S. soil.

WASHINGTON (AP) — In a major rebuke to President Barack Obama, the Senate voted overwhelmingly on Wednesday to block the transfer of Guantanamo detainees to the United States and denied the administration the millions it sought to close the prison.

The 90-6 Senate vote — paired with similar House action last week — was a clear sign to Obama that he faces a tough fight getting the Democratic-controlled Congress to agree with his plans to shut down the detention center and move the 240 detainees. …..click here to read more

Sri Lankan officials Monday claimed defeat over the Tamil Tigers guerrilla organization amid reports its leader, Velupillai Prabhakaran, was killed in the latest raids.

The victory puts an end to nearly a quater century of violent conflict in Sri Lanka, though the reconciliation campaign may take even longer.

European Union nations called Monday for an independent war crimes investigation into the killing of civilians in Sri Lanka.

Foreign ministers from the 27-nation EU said allegations that international humanitarian and human rights laws were violated had to be investigated, but did not say by whom.

“Those accountable must be brought to justice,” they said in a statement.

The past week has seen an armada of reports on President Obama’s first 100 days in office. Nicholas Kristof has this brief, but challenging column, suggesting in light of the myriad global crises, the Administration has not done enough about Darfur.

Meanwhile, Kevin Heller notes that at least one African leader is finally starting to give President Al-Bashir the cold shoulder, as South African President Jacob Zuma excluded the Sudanese ruler from his inauguration. If President Zuma’s action signals South African willingness to impose diplomatic consequences on the regime in Khartoum for the ongoing violence in Darfur, perhaps it will serve as a catalyst for some meaningful diplomatic progress even with the United States’ attention focused elsewhere.

Supreme Court Justice David Souter announced Friday he would leave his post.  Michigan’s Gov. Jennifer Granholm has been floated as a possible replacement, among others.  Thought Souter is known for his migration from a conservative voice to one of the more liberal justices on the Supreme Court, U.S. President Barack Obama will not be able to shift the balance of the Court.

WASHINGTON (AP) — Justice David Souter is planning to retire after nearly two decades on the Supreme Court, but his departure is unlikely to change its conservative-liberal split.

President Barack Obama’s first pick for the high court is likely to be a liberal-leaning nominee, much like Souter.

The White House has been told that Souter will retire in June, when the court finishes its work for the summer, a source familiar with his plans said Thursday night. The retirement is likely to take effect only once a successor is confirmed.

The source spoke to The Associated Press on condition of anonymity because he was not authorized to speak for Souter.

Souter had no comment Thursday night, a Supreme Court spokeswoman said.

The vacancy could lead to another woman on the bench to join Justice Ruth Bader Ginsburg, currently the court’s only female justice.

At 69, Souter is much younger than either Ginsburg, 76, or Justice John Paul Stevens, 89, the other two liberal justices whose names have been mentioned as possible retirees. Yet those justices have given no indication they intend to retire soon and Ginsburg said she plans to serve into her 80s, despite her recent surgery for pancreatic cancer.

Souter, a regular jogger, is thought to be in excellent health.

Interest groups immediately began gearing up.

“We’re looking for President Obama to choose an eminently qualified candidate who is committed to the core constitutional values, who is committed to justice for all and not just a few,” said Nan Aron, president of the liberal Alliance for Justice. …..click here to read more

The recent release of the Bybee memos outlining Bush-era justification for the use of harsh interrogation techniques raises the issue of legal consequences for former White House officials, not to mention the effectiveness of torture as a method of intelligence gathering.

U.S. President Barack Obama last week said the White House would not pursue legal claims against officials involved in the justification or the practice of so-called torturous techniques — isolation, humiliation, waterboarding – used to illicit “confessor” behavior in detainees.

While lawmakers on both sides of the aisle offered praise to the forward-looking release of the Bybee memos, former CIA Director Michael Hayden lashed out at Obama, telling The Associated Press the release of the memos gives terrorists the information needed to prepare for such interrogation techniques, adding it shows Washington “can’t keep anything secret.”

Meanwhile, Mark Thiessen, a speechwriter (!?) for U.S. President Bush, has come forward in The Washington Post and elsewhere giving tacit approval for such harsh interrogations techniques, saying they led to countless confessions of alleged plots against the United States.

He goes on to use fear mongering — as President Bush had in his campaign for a second term — to justify the continued use of torture.

“President Obama’s decision to release these documents is one of the most dangerous and irresponsible acts ever by an American president during a time of war — and Americans may die as a result,” he writes.

Please.

This is in stark contrast to CIA officers and academics alike who state extreme interrogation techniques are not useful in gleaning factual information from detainees.

“Where physical violence was inflicted during the course of such an attempt (at gathering information), the attempt was particularly likely to fail completely,” writes Albert Biderman in his seminal article, Communist Attempts to Elicit False Confessions from Air Force Prisoners of War.

In a more recent account, storied CIA officer Robert Baer writes in a recent edition of Time magazine that the intelligence community does not view so-called torture as a valid interrogation technique.

“The wisdom inside the CIA has always been that the best intelligence is obtained through persuasion rather than coercion,” he writes.

With Obama reversing course, suggesting a truth panel similar to the 9/11 Commission convene to examine these techniques, one thing is assured, if Khalid Sheik Mohammed — the self-confessed mastermind of the Sept. 11 attacks and recipient of over 180 waterboardings – is not a stark raving terrorist lunatic, he certainly is one now.

That is not American justice.

“The healthy man does not torture others - generally it is the tortured who turn into torturers”

- Carl Gustav Jung