War Crimes

An Australian coroner has been told by an Australian inquiry to refer two individuals for war crimes prosecution for the murder of five Australian journalists during the invasion of East Timor in 1975. The so-called “Balibo five” were allegedly killed while attempting to surrender to Indonesian troops. According to witness testimony supplied by senior lawyers in the case, one man was stabbed to death and the others were shot on order from an Indonesian military captain. It is suspected the journalists were killed to prevent them reporting on Indonesian military actions. The allegations are denied by both the Australian and Indonesian governments.

Indonesia invaded East Timor on December 7, 1975 in an attempted annexation with the military and political support of the United States and Australia.

Journalists are protected under the Geneva Conventions. According to the 1949 Conventions, journalists were treated according to provisions afforded to normal combatants, however, the 1977 Conventions reclassify journalists as civilians. Civilians – and journalists - “shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited” provided they do not partake in hostilities and are able to differentiate themselves from military personnel.

The current conflict regarding international militias that are not affiliated with the armed forces of a state has resulted in some of the worst atrocities committed against war correspondents in over a quarter century. According to the Paris-based Reporters Without Borders, at least 177 journalists have been killed in the current conflict in Iraq. Nine have been killed in Iraq during the month of May, including Ali Khalil. Khalil, 21, was reporting for one of Iraq’s most popular newspapers, Azzaman.

Khalid Sheikh Mohammed, the alleged architect of the 9/11 terrorist attacks on The United States, has confessed to beheading Wall Street Journal reporter, Daniel Pearl, on February 1, 2002. Mr. Pearl was investigating the shoe bomber, Richard Reid, in Karachi, Pakistan.

Alan Johnston, the BBC correspondent in Palestine, was kidnapped by members of the al-Tawhid al-Jihad Brigade in Gaza City. Mr. Johnston was abducted on March 12 and remains in captivity.

According to the Geneva Conventions, guerilla forces are to honor the protections enjoyed by all civilians in combat zones.

UPDATE: GAZA (Reuters) - Kidnapped BBC Gaza correspondent Alan Johnston said he was in good health and being treated well in a video released on Friday, the first since militants abducted him in the Palestinian enclave over 11 weeks ago.

The United Nations Security Council is to vote on the creation of an international tribunal to prosecute individuals suspected of involvement in the assassination of the former Lebanese prime minister, Rafik al-Hariri. The US, France, and Britain expect to get the 9 votes needed to pass the resolution despite apprehension by Russia and China, who are expected to abstain from the vote. The draft resolution gives Lebanon a June 10 deadline to ratify UN statutes and create a domestic tribunal.

The UN was petitioned by the Lebanese government in the face of sectarian conflict between pro-Syrian and pro-Lebanese factions. The Lebanese prime minister, Fuad Saniora, requested UN assistance due to the refusal of the Parliament Speaker Nabih Berri to assemble parliament to investigate the Hariri assassination. Syria has been implicated in the assassination and its allies, including Hezbollah, are opposing the resolution, which they see as meddlesome to Lebanese sovereignty.

Lebanese sovereignty also remains a contentious issue among UN member states. Russia and South Africa have expressed reservations regarding what they see as Security Council intervention into Lebanese affairs. Russia, China, South Africa, Indonesia and Qatar are expected to abstain from the vote at the UN today, still leaving a majority in favor of the resolution. Pro-Syrian factions in Lebanon have also warned that the invocation of the UN tribunal will result in an escalation of the violence that has plagued Lebanon recently.

Also of concern is the Chapter VII reference of the resolution. A UN resolution with a Chapter VII reference backs the use of force as an enforcement measure. According to the Russia’s UN ambassador, Vitaly Churkin, “We do not believe that we should use Chapter 7 in situations where we do not absolutely have to do that, and we believe this is not that kind of a case.” The US, however, argues that only a Chapter VII resolution is legally enforceable. A Chapter VIII resolution was used to justify the invasion of Iraq in 2003.

Lebanon has been embroiled in conflict once again. Militants from Fatah al-Islam have been battling Lebanese forces in a Palestinian refugee camp near Tripoli. The conflict is seen as an attempt to rally opposition in Lebanon against the tribunal. Lebanese forces raided Fatah al-Islam interests after a series of bank robberies and have recently arrested key figures of the organization, as well as confiscating forged passports.

Lebanon has been entangled in civil conflict for decades, with a brief reprieve following the end of the civil war there in 1990. International tribunals may reflect a desire for national reconciliation, which Lebanon may not be ready to face.

Update; BBC News: The UN Security Council has approved the creation of an international court to try suspects in the murder of former Lebanese Prime Minister Rafik Hariri.  The resolution was adopted by 10 votes to zero, with five abstentions from Russia, China, South Africa, Indonesia and Qatar.

BBC News/Reuters/AP

US President George W. Bush unveiled a new set of sanctions against the Sudanese government in a speech today. Mr. Bush made his speech ahead of next weeks G8 summit in Europe. The new sanctions are intended to influence the Sudanese to ends its blockade against humanitarian aid and an amendment to the African Union peace keeping force there. Mr. Bush will addressed the Sudanese president, Omar al-Bashir, stating; “”President Bashir’s actions over the past few weeks follow a long pattern of promising co-operation while finding new methods of obstruction,”

The US sanctions will focus on four key steps; first, the current enforcement of existing measures will be enhanced; second, 31 additional government owned companies will be added to the list of those prevented from doing business with the United States, one of which is suspected of violating the arms embargo against Sudan; third, two high-ranking Sudanese government officials and one rebel leader will be specifically targeted by new sanctions; finally, US Secretary of State Condoleezza Rice will push for a United Nations resolution enacting sweeping arms embargoes, including prohibiting military flights over Darfur.

Mr. Bush was expected to announce the new measures at an April 18 speech at the United States Holocaust Memorial Museum in Washington. UN Secretary General Ban Ki-moon, however, urged the president to delay the announcement amongst diplomatic wrangling with Sudanese officials. Pressure has been racheting up as Sudan has been stalling on meeting its obligations to the international community. In April, Sudan was found to be violating arms embargoes by masking government aircraft as UN vehicles to smuggle weapons.

The new UN effort, however, is not met with universal acceptance. China, who holds veto power at the UN, has stated that new sanctions will only add to the problems in Sudan. China has spent millions investing in Sudan’s oil infrastructure, is a major arms dealer to the country, and buys over half of its oil exports.

The Bush administration has classified the actions in Darfur as genocide, though the United Nations has not yet used the term. Keying in on that fact, administration officials are quoted as saying; “This will be the first time we are taking such an action ahead of the United Nations.” The crisis in Sudan is expected to be a key feature in the upcoming G8 summit.

This story is still breaking; transcripts and links to further analysis to follow as they become available. This is the lead story on the wire services today.

BBC News/AP/Reuters

I wrote on Columbia the other day. The BBC has a featurette on the drug culture there.

By Evelyn Leopold

UNITED NATIONS (Reuters) - The United States apparently violated international law in its military tribunals by using coercion to extract confessions and writing counter-terrorism laws that restrict immigration on questionable grounds, a U.N. investigator said on Friday.

The US Ambassador to the United Nations, Zalmay Khalilzad, is pressing for a vote on the establishment of a special tribunal to investigate the assassination of former Lebanese prime minister, Rafik al-Hariri. The current Lebanese prime minister, Fouad Siniora, formally requested the establishment of the tribunal on May 14. The draft resolution circulated by Britain, France, and the United States, only establishes the UN court; it does not detail operational procedures.

France, the former colonial overseer of Lebanon, also vowed its continued support for the Security Council resolution, and the Lebanese government itself. The new French foreign minister, Bernard Kouchner, was in Beirut on Thursday to pledge further support to the embattled Lebanese government amidst escalating violence there. France has contributed 1,700 troops to the UN peacekeeping force in Lebanon and recently pledged $670 million in aid.

Approval for the tribunal is stalled in the Lebanese parliament, however. Parliament Speaker Nabih Berri has been accused of blocking the tribunal by refusing to convene the national assembly. The speaker is accused by the Lebanese ruling coalition of associating with Syrian interests, who are opposed to tribunal. Lebanese officials have also expressed concern that the establishment of the tribunal will only fuel the already tense conflicts there. The Lebanese army is currently battling militants from Fatah al-Islam, who are based in the Palestinian refugee camp near Tripoli.

UN member states have also expressed reservations over the tribunal. Veto wielding members, Russia and China, have shown reluctance to sign onto the draft resolution, which is expected to come to a vote early next week. Some temporary members have reservations as well, including Panama, South America, and Indonesia. Hesitations are largely centered around fears of aggravating violence in Lebanon. Khalilzad, however, has expressed confidence, stating his awareness of reservations, but observing that failure to establish the special court may result in “further political assassinations, deadlock.”

The current conflict in Lebanon is seen as the countries most violent internal escalation since the countries 25-year civil war, which ended in 1990. Lebanese forces and members of Fatah al-Islam have been battling since a police raid regarding suspected bank robbers from the militant group.

Rafik al-Hariri was assassinated on February 14, 2005 by a large explosion detonated as his motorcade passed the St. George Hotel in the Lebanese capital, Beirut. The explosion killed 22 others.

Reuters/AP/IHT

The central African nation of Burundi has agreed to set up a war crimes tribunal and truth and reconciliation committee to examine atrocities during its 12-year civil war. The UN High Commissioner for Human Rights, Louise Arbour, was in the region as part of a 12-day tour of central Africa, including Rwanda and other Great Lakes countries. Arbour stated that Burundi would set up the two commissions and agreed to not provide amnesty for suspected perpetrators of war crimes, genocide, or other atrocities. Recently, the International Criminal Court (ICC) has launched an investigation into allegations of “massive rapes and other acts of sexual violence” perpetrated by officials of the Central African Republic.

Burundi, a small country bordering the Democratic Republic of the Congo and Rwanda, is still reeling from decades of civil war that killed more than 300,000 in conflicts between the Hutu majority and Tutsi minority rebel groups. The current government of President Pierre Nkurunziza came to power from the optimism following a UN backed peace plan. However, Nkuranziza, himself a Hutu, has been implicated in complicity with mass killings, assassinations and torture at the hands of his security agents.

Critics have speculated on the willingness of Nkuranziza’s administration to comply with the UN commissions, though Arbour has noted an “important consensus” by the Burundi government. Human Rights Watch has suggested further aid to the region be linked to ending impunity.

Burundi has been embroiled in ethnic conflict between the Hutu and Tutsi groups since gaining independence from Belgium in 1962.

There has been no timetable established for the UN commissions.

Reuters/AP/UN News Centre

International Criminal Court Investigates War Crimes in Central African Republic

The International Criminal Court (ICC) launched an investigation into allegations of “massives rapes and other acts of sexual violence” perpetrated by officials of the Central African Republic (CAR).  The top courts in CAR had referred the former President Ange Felix Patasse and Congolese rebel leader Jean-Pierre Bamba to the ICC for war crimes because the CAR was not capable of prosecution.  The incidents are alleged to have occurred during a coupe in October, 2002, to overthrow the current CAR regime.  The investigation is not currently focusing on any particular individuals.  It is the fourth ICC investigation since its inception in 2002, all of which are in Africa.

Sexual violence has a lingering social effect of degradation on women in African cultures.  Victims describe gang rapes and public rapes in the presence of family members.  Many of the victimized women have contracted HIV, leaving them stigmatized in their communities.

Pope Benedict Cites Injustices in Latin America

Facing criticism from many Latin American leaders, including Venezuelan President Hugo Chavez, Pope Benedict stated that the Church had committed “various injustices” during its colonization of Latin America in the 15^th century.  Millions of native Latin Americans were slaughtered as a result of European intervention.  The Pope, however, said that the Church did not impose itself during its conquest, stating that indigenous Americans were “silently longing” for Christianity. 

Guilty Verdicts in Assassination of Serbian Prime Minister

Twelve men were found guilty in a Serbian court for the 2003 assassination of Prime Minister Zoran Djindjic in Belgrade.  The prime minister was shot by a sniper while getting out of his car outside a government building.  The prosecution has argued that a former policeman, Zvezdan Jovanovic, issued a statement claiming he had “liquidated Zoran Djindic personally.”  It is suspected that Djindjic was murdered for his measures to bring suspected war criminals to prosecution.

Yemeni Implicated in Lackawanna Cell

Yemeni officials have informed the FBI they have Jaber A. Elbenah in custody, a year after he escaped from a Yemeni prison.  Elbenah is alleged to have been associated with the “Lackawanna Six”, a suspected al Qa’ida cell uncovered in 2002.  Elbenah is charged with training at the al-Farooq camp in Afghanistan.  The United States recognizes material support of terrorism as a war crime.

Pakistani Troops Aiding UN Mission Trading Gold for Guns

Pakistani battalions supporting the UN peacekeeping forcing in the Congo have been trading gold for guns, according to the BBC.  The UN has uncovered incidents of Pakistani forces re-arming militias accused of some of the worst human rights abuses in the civil war in the Democratic Republic of the Congo.  A UN team sent to investigate the abuses had a stand-off with Pakistani troops when UN personnel attempted to seize computers as evidence of the gun-for-gold trades.  UN officials in New York have stated that the United Nations had largely attempted to bury this investigation for political reasons.  Pakistan, a main US ally, has stated they will look into the allegations. 

Roundup compiled from various wire services and BBC World News.

The International Criminal Court is to investigate war crimes allegedly committed in the Central African Republic (CAR) in 2002 and 2003. (BBC) The Hague court’s prosecutor said his investigation would mainly focus on the large number of alleged rapes.

The period covers the aftermath of a failed coup by current President Francois Bozize against the government of former leader Ange-Felix Patasse.

The CAR’s Supreme Court had referred the matter to the ICC in 2004.

The CAR court said it did not have the ability to prosecute such cases.

I’ll cover this for Wednesday.

Salvatore Mancuso, a top military commander in Columbia testified that the government there was tied to the murder of civilians and cocaine trafficking, stating “paramilitarism was state policy.”  According to the Washington Post, 14 members of Columbia’s Congress, 7 former lawmakers, the head of the secret police, and many others have been implicated in cooperating with the paramilitary group, United Self-Defense Forces of Columbia (AUC).  The US State Department designates AUC a terrorist organization.  Many paramilitary commanders and high-ranking officials are testifying under the Justice and Peace law that seeks lenient sentences in exchange for testimonials and disarmament.

Mancuso stated that his operations were financed by local operators from the US based fruit firms, Del Monte and Dole.  In March, the US banana firm, Chiquita Brands International, agreed to pay $25 million after pleading guilty to paying off the paramilitary groups in exchange for protection.   The United States government is backing the current Columbian administration of President Alvaro Uribe by providing billions in aid to disarm the paramilitary groups. 

The AUC began in the late 1990’s as a counter-insurgency group fighting against the Revolutionary Armed Forces of Columbia (FARC) and the National Liberation Army (ELN).  It is estimated AUC forces have killed as many as 10,000 people, including civilians.   According to the Federal Bureau of Investigation (FBI), “in one 10-month span, the AUC was reportedly responsible for 804 assassinations, 203 kidnappings, and 75 massacres with 507 total victims.”  AUC has suggested as much as 70% of their finances derive from cocaine trafficking.

Columbian government officials have also been implicated in a plot to assassinate Venezuelan government officials.  Former Venezuelan Vice President Jose Vincente Rangel said that Juan Manuel Santos, the current Columbian defense minister, was involved in a plan to “unleash destabilizing actions, [and] assassinating government and opposition leaders.”  Rangel suspects the Uribe government is plotting to destabilize the government of Venezuelan President Hugo Chavez, who is opposed to the United States. 

Democrats in the US Congress have stated that aid packages and free-trade agreements with Columbia are being held back due to allegations that Uribe’s cabinet officials are involved with paramilitary groups, including AUC.

AP/Reuters