War Crimes

The Lebanese Prime Minister, Fuad Siniora, has sent a formal request to UN Secretary General Ban Ki-moon calling for the ratification of an international court for Lebanon. The tribunal will be used to try suspects involved in the assassination of former Lebanese Prime Minister Rafik Hariri, who was killed in a massive explosion there in February, 2005. The tribunal will be of “an international character” and will investigate political assassinations that have occurred in Lebanon since October, 2004. Mr. Ban stated; “as a matter of principle, there should be no impunity for the perpetrators of political assassinations.”

A draft resolution regarding the tribunal was circulated last week by the United States, France and Britain. The draft is a Chapter VII resolution, which is supported by the authorization for use of force, making it a mandatory resolution for Lebanon. Lebanese officials fear that civil war will erupt if there is no tribunal, while pro-Syrian groups fear increased violence if there is one.

In 2005, the International Independent Investigation Commission (IIIC), a preliminary Security Council investigatory body, had found that Lebanon was not capable of adequately examining political assassinations there. The IIIC mandate expires in 2008.

Clashes between the Lebanese army and members of the militant group Fatah al-Islam have been escalating near Tripoli. On Sunday, 50 people were killed in what cabinet minister, Ahmad Fatfat, has stated is an effort to sabotage the UN tribunal to try suspects of the assassination of Hariri. Fatfat said in an interview last week that “There is someone trying to create security chaos to say to world public opinion: ‘Look, if the tribunal is established, there will be security trouble in Lebanon.”

Fatah al-Islam is a Sunni militant group based in a Palestinian refugee camp in Nahr al-Barred. The fighting began when militants attacked army posts around the refugee camp in northern Tripoli. It formed last year as a break away faction of the Syrian-backed Fatah Uprising group. In a statement faxed to the Reuters news agency, the group has said it will “open the gates of fire” if the Lebanese army continues “the provocative acts.”

The recent conflict is the worst internal conflict since the civil war in Lebanon from 1975-90. In related news, Israel forces continue to attack Palestinian areas to prevent spill-over from the HAMAS-Fatah civil conflict there, further destabilizing the region.

UPI/Reuters/UN News Service

Picture credit: Reuters

Sun May 20, 2007 3:22AM EDT

By Marie McInerney

ADELAIDE (Reuters) - The first Guantanamo Bay inmate convicted of supporting terrorism by a U.S. military court returned to Australia on Sunday under a veil of secrecy, but “elated” to serve out his remaining sentence at home.

The DC Circuit Court released the transcripts for two cases involving detainees at the naval detention center at Guantanamo Bay, Cuba.  The cases are Bismullah v. Gates (06-1197) and Parhat v. Gates (06-1397).

The United Nations High Commissioner for Human Rights (UNHCR) today issued a report highlighting government complicity in attacks on civilians in the troubled Darfur region of Sudan.  The UNHCR called for an “immediate and independent investigation” into atrocities committed by Sudanese intelligence officers.  The report highlights violence over a land dispute between two ethnic groups in the Bulbul region of Sudan.  According to the report, witnesses describe indiscriminate heavy machine gun and rocket propelled grenade attacks by attackers identified as Border Intelligence personnel.  The attackers then entered the villages, shooting the men and burning large portions of the settlements.

The report highlights events from January 6 to March 31 in which over 100 people were killed and thousands displaced.  The large scale attacks began in January, though the worst occurred on March 31, resulting in more than 60 people targeted and killed.  Despite evidence presented to the Sudanese government, there has been no effective government action taken to prevent the attacks.  The villagers did, however, respond in self-defense, killing several and collecting military identification cards from the Sudan Border Intelligence Guards, or Popular Police.  An earlier report from experts led by the US Nobel laureate, Jody Williams, stated the Sudanese government led by President Omar al-Bashir was responsible for organizing attacks on civilians.  The UNHCR report concludes “that Sudan is failing to protect the human rights” of civilians and that “the ongoing impunity for these crimes is of great concern and is a violation of Sudan’s obligations under international law.”

Sudan recently granted a UN deployment of 3,000 peacekeepers to supplement the African Union forces currently in place.  Over 200,000 people have been murdered with over 2.5 million displaced in Sudan since 2003.  With cries of “never again” reverberating throughout the international community, incidents such as those highlighted by the most recent UNHCR report suggest these cries are noticeably soft.

Reuters

On this date in 1967, President Abdul Nasser of Egypt orders the UN Emergency Force (UNEF) in Egypt to disband. In 1957, Egypt had decided to nationalize the Suez Canal, imposing severe economic complications on Israel and her allies. Mounting circumstances resulted in the eventual invasion of the Sinai Peninsula by Israeli Defense Forces (IDF). UNEF troops were deployed to the area to keep the peace following tense diplomatic efforts. Escalations continued in the area throughout the 60’s. Throughout early 1967, Egyptian and United Arab Republic (Syria) forces concentrated their forces in the area and Nasser demanded UNEF forces withdraw in order to prevent UN casualties. The UN had attempted to redeploy UNEF to the Israeli side of the border, but the Israeli government refused. The Israelis saw Arab actions as a strategic move against its interests and launched a pre-emptive attack on Egyptian air defenses on June 5, marking the beginning of the Six-Day War. Six UNEF troops were killed during the conflict.

Complications from the Six-Day War remain today. In May, the Egyptian Foreign Minister demanded a formal inquiry into allegations that IDF had murdered some 400 Egyptian and Palestinian POW’s during the Six-Day War. Israel’s current Infrastructure Prime Minister, Binyamin Ben Eliezer, was the leader of the IDF unit alleged to have committed the atrocities. The Arab coordinator with the International Criminal Court has stated it will file suit against Ben Eliezer at the ICC if Egypt fails to do so. Recently, Ben Eliezer has stated that Israel will continue to engage in “liquidation fire” against suspected Palestinian militants. This is contentious activity on behalf of the Israeli’s as “liquidation fire” is tantamount to assassination attempts, most which occur in civilian areas.

Israel today mounted an aerial attack against a HAMAS security headquarters, killing two and wounding several others. Forces from the US backed Fatah movement and HAMAS officials have been fighting for weeks, threatening the further destabilize the region.

Today also marks the day in 1983 when Israel, Lebanon and the United States signed an agreement for Israeli withdraw from Lebanon. In June, 2006, members from the military wing of Hezb’Allah crossed into Israel and captured IDF soldiers, sparking a war between Hezb’Allah and Israel.

It is also the birthday of the Ayatollah Khomenei.

On a personal note, it is also Alan Johnston’s birthday today.  He is the BBC report stationed in the Gaza Strip and was taken hostage months ago.  As I listen to BBC World Service all day, I wish him a sincere happy birthday.  Please sign the petition on the right in his support.

A military hotel was raided yesterday in downtown Belgrade yesterday evening as part of a search for Ratko Mladic who is sought in connection with the Srebrenica massacre in 1995. Police officials said they were tipped off that Mladic was in the area, though the search turned up empty handed.

Serbia has been developing a new government as part of its bid to join the European Union. The coalition government has agreed to uphold the “five pillars” of independence for Kosovo, EU membership, cooperation with war crimes investigations at The Hague, as well economic and other reforms. The EU had recently resumed negotiations with Serbia after originally balking on membership talks due to failure to indict and capture Mladic.

On May 5, Special Forces of the Serbian Police launched a raid on Mladic’s estate in the western Serbian area of Valjevo. The raid resulted in the detention of several of Mladic’s associates, including Marko Lugonja, a former high ranking official in the Rupublika Srpska Army. Police have cut off most of Mladic’s finances and it is believed that most of his affiliates have been captured, leaving him with one or two remaining associates.

Mladic is sought by the International Criminal Court for the Former Yugoslavia (ICTY) at The Hague, Netherlands. Mladic, and his associate Radovan Karadzic, were indicted by the ICTY in 1995 for genocide, crimes against humanity, and war crimes for the Srebrenica massacre, the worst such incident in Europe since the Holocaust.

The EU specified Serbia’s cooperation with The Hague as a precondition for its membership. The chief prosecutor for the ICTY, Carla Del Ponte, has expressed her frustration with Serbia’s failure to meet an April extradition deadline for Mladic.

Reuters/AP/Republic of Serbia Ministry of Foreign Affairs

The transitional government in Somalia has agreed to allow the United Nations to investigate allegations of human rights abuses, disappearances, and illegal detentions, among other war crimes. The UN undersecretary-general for humanitarian affairs, John Holmes, said the Somali government did not accept allegations it was implicated in the atrocities, but said it would allow investigations to be conducted by the UN High Commissioner for Human Rights. More than 1,600 people have been killed and thousands have fled uprisings in the capital, Mogadishu, since March 12. The conflict has made it difficult for relief agencies to reach those in need.

Somalia has been embroiled in conflict since 1991. Warlords associated with General Mohamed Farrah Aidid overthrew the government of Mohamed Siad Barre, sending the country into civil war. In 1993, as part of Operation GOTHIC SERPENT, US Special Forces collaborated with a UN intervention team to capture General Aidid, characterized in the movie and book Black Hawk Down. Since then, Somalia has had as many as thirteen governments attempting to rule the region with little success. In 2006, the Union of Islamic Courts (UIC), a militia the US alleges is an al Qa’ida affiliate, were ousted from power after 6-months of Taliban-style rule. The UIC has sworn to launch an Iraqi inspired insurgency against the government. The current government was brought to power after US trained Ethiopian forces working with US Special Forces raided the capital. The current government declared victory around the end of April and the capital city has been in relative calm since then.

Though the majority of conflict is largely over, a humanitarian crisis is looming over the 400,000 displaced individuals. Somali businessmen have taken advantage of the situation, increasing the price of water by as much as 2000 percent and imposing a “shade tax”, charging a fee to sit in the shade of trees.

The latest conflict is the most violent since 1991. UN officials have said that the exodus from Mogadishu this year has eclipsed that of Iraq and Darfur. The conflict in civilian populated areas, such as the capital city, is a violation of the Geneva Conventions, according to Holmes.

In related news, the BBC is reporting that Ethiopian officials are looking to withdraw their forces from the region.  BBC World Service is highlighting this story today.

AP/Washington Post

Opening statements will be heard in Miami today in the case involving Jose Padilla, a US citizen and former gang member who converted to Islam while in prison. Padilla, 36, has been accused of material support of a terrorist organization and conspiracy to “murder, kidnap and maim” people overseas. Among the key documents expected to be provided by the prosecution is The Mujahedeen Data Form, the equivalent of al Qa’ida’s human resources document. The prosecution reports that Padilla filled out the Data Form in July, 2000 and proves his allegiance to al Qa’ida. The Data Form requests information such as date of birth, skill sets, and languages spoken. Most of the responses on Padilla’s asserted application are blank. Padilla is the first American citizen labeled an “enemy combatant” to face charges in a US criminal court.

The FBI detained Padilla at Chicago’s O’Hare airport in 2002. In the wake of the 9/11 attacks on the US, there was a great deal of fanfare surrounding his arrest. Then Attorney General, John Ashcroft, interrupted a trip in Russia to announce the allegations that Padilla was involved in a plot to detonate a “dirty bomb” in the United States. Padilla was transferred to a military brig in Charleston, SC and held as an “enemy combatant.” He spent more than 3 years in military custody where he was kept in solitary confinement and subjected to stress positions, as well as prolonged interrogations without an attorney present.

Padilla was transferred to civilian custody after his military detention was ascending to the US Supreme Court. The charges of the “dirty bomb” plot were dropped at that time and Padilla was then charged with conspiracy to commit terrorist acts and providing material support to al Qa’ida. Most of the evidence from Padilla’s military detention is inadmissible in the current case in Miami. US District Judge, Marcia Cooke, has stated that any mention of the “dirty bomb” plot or Padilla’s statements while in military custody would allow his defense team to cross-examine the prosecution regarding interrogation tactics, including alleged torture.

Padilla’s case is part of a larger evolution of alleged terrorists in US custody. Since the US led “war on terror” has begun, several cases have been circulating in US courts regarding the rights of those in US custody. As a result of several cases, the US Congress has passed the Detainee Treatment Act of 2006, and the Military Commissions Act of 2006. This new legislation collectively curtails the rights of foreign nationals normally protected by the US Constitution. Congress is currently considering several bills that will re-establish some of these rights and close the military detention facility at the naval base in Guantanamo Bay, Cuba, effectively opening the doors to civilian courts. In another case, the US is arguing that this new legislation applies to any alleged terrorist captured after September 11^th, including US citizens. This claim would mean that anyone detained by US officials, including US citizens, for alleged terrorists activities are no longer protected by the Constitution.

The Pentagon shows 389 detainees at the Guantanamo Bay facility and one in military custody in South Carolina. Three of them face war crimes charges before military tribunals established following courts rulings regarding their status. Padilla’s charges were designated war crimes by the United States. One of these cases, David Hicks, resulted in a nine-month sentence by the military tribunal. Another US citizen, John Lindh, is serving a 20 year sentence at the Supermax facility in Colorado for similar charges. Padilla faces a life sentence if convicted of all charges.

UPDATE:  I made mention of US citizens and habeas.  That allegation is incorrect.  The case I referred to was Al-Marri v. Wright.  The government is claiming the habeas stripping provisions of the DTA and MCA apply to al Marri, but are not doing so in Padilla.  Al Marri was in the US on a visa, but is not a citizen; Padilla is a US citizen and therefore his Constitutional rights remain intact.

Reuters/Baltimore Sun/ABC News

Lyle Denniston has a very thorough examination of the rights of detainees at SCOTUS blog here and here.

Sat May 12, 2007 8:05PM EDT

By Marty Graham

CAMP PENDLETON, California (Reuters) - U.S. commanders rejected a local council’s request for an investigation days after Marines in Iraq killed 24 civilians in the town of Haditha in November 2005, according to testimony on Saturday at a military tribunal.

The councilors’ concerns were dismissed because commanders believed the civilians died in cross-fire when troops responded to an attack by insurgents that had killed one of their own, said Maj. Dana Hyatt, who was at what he said was a 45-minute-long meeting between local officials and Marine officers.

The Pentagon yesterday formally charged Salim Ahmed Hamdan for war crimes before a military commission at the naval detention facility at Guantanamo Bay, Cuba. Hamdan, who served as Usamma bin Laden’s personal driver and bodyguard for more than five years, has been detained without charge since 2001. According to the charge sheet released by the Pentagon, Hamdan is charged with two counts of violation of the laws; one count of conspiracy to commit attacks against the United States and one count for providing material support to a terrorist organization by joining al Qa’ida.

Hamdan’s case was argued before the Supreme Court on a writ of habeas corpus. The Court in the case of Hamdan v. Rumsfeld ruled that the military commission invoked by the Bush administration was unconstitutional. Since there was no act of Congress to establish a formal military tribunal to try alleged terrorists detained by the United States, the government had to proceed according to the ordinary laws of the United States, the laws of war, and the Geneva Conventions. In response, Congress and the Bush administration enacted legislation to establish a military tribunal and re-codified the Uniform Code of Military Justice (UCMJ) to detail violations of the laws of war as they pertain to alleged terrorists. In several cases, the Supreme Court did not deem conspiracy and material support as violations of the laws of war. The new legislation, however, has amended the UCMJ, inter alia, to include those charges as war crimes.

A package of habeas petitions (Boumediene v. Bush), challenging the new tribunal system was refused by the Supreme Court earlier this April. The Court ruled that the plaintiff’s had not exhausted all appropriate measures before seeking review by the high court. Among the contentious issues before the Court was the suspension of the rights of habeas corpus, or the right to argue ones detention. This right was revoked for alleged terrorists in US custody in part due to the Military Commissions Act of 2006, itself a response to the Courts rulings regarding alleged terrorist in US custody.

Hamdan’s lawyers are arguing that the military tribunal system enacted after his case is an example of ex post facto law; defining the crime after it was committed. It is not conventional to recognize such practice in international law. Hamdan’s lawyers also argue that conspiracy and military support should not be considered war crimes.

On March 26, the Pentagon charged an Australian, David M. Hicks, for war crimes. Hicks pled guilty and was sentenced to 9 months for providing material support to a terrorist organization. On April 25, Omar Khadr, a 20 year old Canadian citizen, was charged with murder, attempted murder, conspiracy, providing material support to a terrorist organization, and for spying on American forces.

Hamdan is the third alleged terrorist suspect to be formally charged by the Pentagon. He is expected to be arraigned on June 4.

I’ve reported extensively on this in the “US cases against suspected terrorists” tab.

Reuters