Tag Archives: peace

#RtoPWeekly: 27-31 March 2017

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Civilian death toll rises as fighting to retake Mosul from ISIL intensifies

RtoPW 27-31 March

Fighting between Islamic State (ISIL) forces and the Iraqi military has intensified in recent weeks as the latter has pushed towards the Old City area of Mosul, where hundreds of thousands of civilians have remained trapped in the densely populated area. The reported number of civilian deaths in the city has dramatically increased in the past two weeks. Mayor Hussein Ali Khajem stated that more than 150 people have been killed in violent clashes and airstrikes in Mosul since 20 March, including numerous women and children. Other sources put the civilian death toll even higher, reaching over 200, at least 130 of which are believed to have been killed by airstrikes on residential buildings in the New Mosul neighborhood. The Iraqi Civil Defence has reportedly pulled 136 bodies from the rubble from the same area of the city. It is unknown how many of the bodies, if any, may have been ISIL combatants.

The threat posited by airstrikes has increasingly become the most dangerous feature of the conflict for civilians in the city. Iraqi officers have reportedly told media sources that as the fighting against ISIL has increased in intensity, the US-led coalition has quickened decisions on whether to strike targets within the city. US military officials have insisted that there has been no change to the rules of engagement regarding distinction and proportionality, but have also said that US military advisers with the Iraqi forces have been given a greater unilateral ability to call in airstrikes since the beginning of the push for Mosul in December.

As more information has become available about the collapse of homes believed to have been caused by US-led coalition airstrikes on 17 March, the number of civilian casualties caused by the airstrikes has steadily risen, with some sources estimating it to be from 200 to 250. Residents have alleged that there was ample reason for both the Iraqi forces and the US-led coalition to believe there was a significant civilian presence in the area, claiming that leaflets asking civilians to stay in their homes rather than risk fleeing during the intense street-to-street fighting had been distributed. If the estimated number of civilian casualties proves to be accurate, this strike will be one of the deadliest US military strikes for civilians in Iraq since the 2003 invasion.

On Tuesday, the top US commander in Iraq stated that his initial assessment of the evidence from the incident indicated that the alleged US airstrike probably had a role in the building collapse and the resulting civilian deaths, but also said his personal impression was that ISIL had at least some role in the casualties. He also insisted that further investigation is needed. Several conflicting reports of the incident blamed ISIL for the casualties, with some alleging the blast that leveled the building was a result of an ISIL truck-bomb or from IED booby-traps. Others have suggested it was the result of compounding actions by the conflict forces. ISIL has also been accused of forcing civilians into the building and intentionally provoking the airstrike.

The Islamic State’s use of civilians in Mosul as human shields has been well documented, and has prompted UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, to condemn the group as “cowardly and disgraceful.” Civilians have also been killed and wounded by ISIL booby-traps, IEDs, shelling, and snipers. The High Commissioner noted that due to the known use of civilians as human shields by ISIL, the use of airstrikes on ISIL positions carries the potential for a disproportionately lethal impact on civilians. As a result, the High Commissioner called on the Iraqi military and its US-led coalition allies to reconsider their tactics in order to ensure the risk to civilians is reduced to the absolute minimum in accordance with international law, particularly as the fighting draws closer to the most densely populated areas of the city.

Source for above photo of civilians awaiting the distribution of aid in Mosul: Ivor Prickett/The New York Times


Catch up on developments in…

Burma/Myanmar
Burundi
CAR
DPRK
DRC
Cote d’Ivoire
Mali
Nigeria
South Sudan
Sudan/Darfur
Syria
Yemen


Burma/Myanmar:

The United Nations Human Rights Council adopted a resolution on 24 March regarding the ongoing human rights crisis in Burma. The resolution, among other things, dispatched “an independent, international fact-finding mission” to investigate the serious human rights violations that allegedly have taken place in Burma at the hands of the military and security forces, particularly those in Rakhine State. The resolution stressed the need for sexual and gender-based violence experts to be included in the mission. Moreover, it extended the mandate of the Special Rapporteur on the situation of human rights in Burma for one more year. The Burmese government is opposed to the resolution’s operative paragraph dispatching the fact-finding mission within the country, as well as the resolution in general.


Burundi:

Several non-governmental organizations within Burundi have called for an immediate end to the alleged human rights violations occurring within the country. The group of NGOs, including the Human Rights Defenders of Burundi (DDH) through its SOS-Torture campaign, has claimed that law enforcement officers have conducted several extrajudicial executions, enforced disappearances, arbitrary arrests and torture, and other cruel, inhuman, or degrading treatment of citizens. In addition, human rights activists have insisted that there has been a recent upsurge in political and ethnic violence in Burundi. The Collective of Lawyers of civil parties and victims’ families of human violations in Burundi reportedly submitted 124 new individual complaints to the International Criminal Court (ICC) against the government of Burundi regarding specific allegations of human rights abuses on Monday. The organization also submitted a collective mandate regarding general “crimes committed by the Government,” which was signed by over 400 families accusing the government of committing human rights abuses against their relatives.

A civil society organization collective named “Halte au Troisième Mandat” (“Halt to the Third Term”) is continuing its campaign against President Nkurunziza’s third term, which surpasses the constitutionally mandated two-term limit for presidents. On 26 March, the collective released a statement to the press in which they insisted “terror and resignation are progressively taking hold in Burundi” as a direct result of the government’s “bloody repression” of their protests.


Central African Republic:

Armed groups attacked at least three villages in the central Bambari region of CAR this week, where a contingent of the UN peacekeeping force is based. The attacks resulted in the deaths of 50 people and have left several more injured. The Unity of African People, a faction of the mainly Muslim Seleka movement, has been accused of perpetrating the attack, although the UAF denies involvement. Such raids are remnants of the civil war in CAR and are indicative of the CAR government’s inability to effectively transition to peace.


Cote d’Ivoire:

On 24 March, the UN peacekeeping chief, Herve Ladsous, said he expects peacekeeping operations in Cote d’Ivoire to end by March of 2018. That same week, it was reported that former Ivorian First Lady, Simone Gbagbo, was acquitted of committing crimes against humanity by Cote d’Ivoire’s high court. Human Rights Watch asserted that the decision highlights the flaws of the country’s judicial process and further emphasizes the importance of the International Criminal Court’s continuing case against her regarding similar crimes during the 2011 post-election crisis.


DPRK:

On 24 March, the United Nations Human Rights Council adopted a resolution addressing the human rights situation in the Democratic People’s Republic of Korea. This echoes the statement of Deputy Secretary-General Jan Eliasson during the Council meeting in which the resolution was adopted, where Mr. Eliasson explicitly stated that both the DPRK and the international community as a whole have the “responsibility to protect [DPRK’s] population from the most serious violations of international humanitarian law and international human rights.” Furthermore, the resolution strengthened the capacity of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Seoul, which continues to monitor human rights abuses within DPRK. The improvements to the Seoul office include the addition of international criminal justice experts, whose specific function will be developing plans for the future prosecution of DPRK leaders and officials responsible for human rights crimes. Finally, the resolution extended the mandate of the Special Rapporteur of the situation of human rights in the DPRK for an additional year.


Democratic Republic of Congo:

Violence has continued to escalate this past weekend in Kasai, a notably poor and remote region in the Democratic Republic of the Congo, as 42 police officers were decapitated by the regional militia group Kamuina Nsapu. Instances of both armed violence and political tensions within the country have been increasing at an alarming rate.

On 28 March, Congolese police used tear gas and opened fire into the air in order to scatter hundreds of opposition supporters in Kinshasa. The demonstrators had formed public protests after talks between President Joseph Kabila’s government and the opposition party collapsed. Many critics insist President Kabila has intentionally delayed the country’s elections in order to remain in power. The event has escalated tensions within the country, raising the possibility of renewed violence.

On 29 March, the UN announced that bodies discovered recently in Kasai are in fact the two missing UN staff recently kidnapped in the DRC, along with the body of their Congolese interpreter. The staff members were investigating large-scale human rights violations in the region. Ida Sawyer, Central African director at Human Rights Watch, said the disappearances reflect the violence currently going on in the Kasai region of DRC. The UN will launch an investigation into the killings and urges the Congolese government to do so as well.


Mali:

The main faction of Tuareg-led rebels in Mali and other opposition groups declared their intention to boycott talks with the government on 1 April concerning the implementation of the 2015 peace agreement. On Tuesday, some of the groups agreed to take part after receiving additional assurances from the government. It is unknown if the rest of the opposition intends to do the same.

Medecin Sans Frontieres (MSF) has released a new report that is highly critical of the politicization of humanitarian aid by several domestic and international actors in Mali. The incorporation of humanitarian aid into the country’s political and security efforts is seen by many groups as promoting the government’s political agenda, and therefore, MSF has warned that there may be risks to doing so. Particularly, aid could be rejected by these opposition groups and, as a result, humanitarian organizations could be attacked if they are seen as partisan forces. MSF has argued that the common practice of using of armed escorts by humanitarian workers and the use of civilian vehicles by the military aggravate the risk of these attacks occurring, further hindering the delivery of the much needed aid in the country.


Nigeria:

In a move believed to be aimed at winning grassroots trust and support, a Boko Haram faction in northeast Nigeria has reportedly vowed not to harm civilians so long as they do not cooperate with state security forces. However, numerous witnesses have reported that Boko Haram has continued to kill civilians. The group remains a threat to civilians, contrary to the government’s claims that the group was “technically defeated” in Nigeria. Furthermore, unstable and lethal explosive devices from previous clashes between the military and Boko Haram continue to plague the Nigerian countryside.

Human Rights Watch (HRW) has called on the Nigerian authorities to take more action in rescuing the hundreds of children that have been abducted and continue to be held captive by Boko Haram. In particular, HRW has called on the government to publicly acknowledge the 501 missing children abducted from Damasak two years ago when the Nigerian military and their Multinational Joint Task Force (MJTF) pushed Boko Haram out of the town. As the abductions have never been publicly acknowledged by the government, it is not believed that any concerted action has been taken to rescue them.


South Sudan:

UN High Commissioner for Refugees Filippo Grandi and the Ugandan government jointly urged the international community for large-scale and immediate support for the thousands of South Sudanese refugees who continue to arrive in Uganda every day. In addition, after UN Secretary-General Guterres urged South Sudan to prioritize the needs of its people, the country’s Deputy Permanent Representative to the UN, Ambassador Joseph Moum Majak Ngor Malok, reassured the Security Council that his government would cooperate with the UN to resolve the issues affecting his country. However, mass displacement in the country has continued as the UN refugee agency (UNHCR) initially estimated 60,000 South Sudanese refugees would flee the country in 2017, but this estimate has been exceeded in the first three months of 2017 alone. The UNHCR anticipates even more refugees this year.

The Sudanese government is due to open a new humanitarian corridor to deliver food assistance to the people of South Sudan. At this time, the International Committee of the Red Cross (ICRC) has been dropping tons of food to aid thousands of displaced citizens and their communities. The South Sudanese Red Cross is on the ground helping to distribute the supplies. Unfortunately, an aid worker expressed his concern that even if citizens had money to buy food, they would not be able to use this money in the current situation. As a result, airdrops have been the only option in some regions, such as Maar in the Jonglei Province.

The UN called for an open investigation for the six aid workers that were ambushed and killed in South Sudan on Saturday. The UN Children’s Agency (UNICEF) stated it is in shock following the killing of the aid workers. The workers were from UNICEF’s partner organization, the Grassroots Empowerment and Development Organization (GREDO), which works “to support children released from armed groups.” Aid agencies say that humanitarian aid in South Sudan could be delayed due to the attack of these six aid workers.

According to the UN Commission on Human Rights in South Sudan, sexual violence in the country has reached “epic proportions.” Regional leaders issued a joint statement expressing concern over the humanitarian crisis and urging the parties to stop hostilities.

South Sudanese rebels loyal to former First Vice President Riek Machar have claimed they have captured the Kajo-Keji county headquarters in Yei River state after clashing with government troops and killing 14 soldiers. The Eastern Africa’s Intergovernmental Authority on Development (IGAD) has condemned the proliferation of armed groups in South Sudan and called upon these groups to renounce violence as a means to solve the issues in the country. The South Sudanese government has rejected the participation of troops from countries outside the region in the regional protection forces. However, President Salva Kiir has accepted the call for a unilateral ceasefire.


Sudan:

Clashes between militia and state security personnel have continued in Sudan, as well as violent crimes like murder, robbery, kidnapping, and rampant sexual assault and gender-based violence. Clashes in North Darfur resulted in the death of a police officer and the injuring of six others last saturday. Additionally, on 27 March, militiamen attacked and robbed a group of mourners while traveling between the North Darfur capital of El Fasher and the town of Tawila.

Human Rights Watch (HRW) urged Jordan this week to either deny entry or arrest President Omar al-Bashir prior to his entry to the country for the Arab League meeting on Wednesday. Despite the warnings from HRW and other organizations that failure to arrest Bashir would be a violation of their obligations under the Rome Statute of the International Criminal Court (ICC), Jordan became the most recent ICC member state to fail to arrest Omar al-Bashir when he entered their sovereign territory. Bashir has two outstanding warrants issued by the ICC for a total of eight counts of atrocity crimes, including three counts of genocide. Representatives for South Africa are expected to appear before the Court next Friday to account for their government’s failure to arrest Bashir when he entered South Africa in June 2015 to attend a summit of the African Union. The lawyers for the South African government are expected to submit arguments against a finding of non-compliance.

The UN Secretary-General’s recent report on children in armed conflict in Sudan, which was released last Friday, has found that the numbers of children recruited into the conflict by the warring parties decreased in the most recent reporting period. However, the report also noted that children are still killed, injured, and victimized by sexual violence and exploitation as result of the conflict. During the reporting period from March 2011 to December 2016, roughly 1,300 children were killed or maimed as result of the conflict, mostly in Darfur. Darfur was also an area of high occurrence of sexual violence and exploitation against children, with at least 372 victims during the same period.

Burkina Faso has announced it will be withdrawing its 850 troops currently serving with the UN mission in Darfur (UNAMID). The Sudanese government will reportedly be paying for the costs of the withdrawal, according to a statement delivered by the Foreign Minister of Sudan.


Syria:

On Sunday, the Kurdish-led Syrian Democratic Forces (SDF) announced they had captured the Tabqa airbase west of Raqqa from the Islamic State (ISIL), resulting in the first major victory for the Kurdish group.

As the fifth round of peace talks resumed in Geneva, opposition forces launched the biggest offensive in the last 18 months against the Syrian army in Damascus and north of Hama. The UK-based Syrian Observatory for Human Rights reported that several clashes were ongoing in the countryside north of the city, where government forces were trying to retake territory. In Geneva, the Syrian opposition’s chief negotiator in the talks, Nasr al-Hariri, accused the government of not being committed to peace because several civilian buildings have been targeted by the State air force since the beginning of the last round of talks. Consequently, the UN Special Envoy for Syria, Staffan de Mistura, admitted that he is not expecting breakthroughs, but all parties have at least agreed upon the agenda, which is a mark of progress in itself. On 29 March, the Syrian opposition and a senior Russian diplomat agreed upon the need to stabilize the fragile ceasefire implemented on 30 December 2016. Cessation of hostilities is seen as crucial to any hope of progress in the Geneva peace talks. However, as bloodshed in the country continues, Western diplomats are skeptical about any practical outcome the talks could reach.

Meanwhile, as fighting intensifies, the UN said around 300,000 people are in dire need of humanitarian assistance in Damascus. “Starvation is just around the corner,” affirmed UN humanitarian adviser on Syria Jan Egeland, adding that civilians have not received any supplies at the hands of the UN since October in Douma, and not since June of last year in the Kafr Batna area.

The UN has estimated that nearly 40,000 civilians, mostly women and children, have been displaced over the past week by fighting to the northwest of the Syrian city of Hama. The UN Office for the Coordination of Humanitarian Affairs said that people have begun to flee Hama and the districts of Homs, Latakia, and Tartous. On Thursday, the UN High Commissioner for Refugees (UNHCR) reported that the number of Syrian refugees now exceeds 5 million, while he also estimated that 6.3 million people are internally displaced. Turkey hosts the highest number of Syrian refugees, numbering nearly 3 million people.


Yemen:

Human Rights Watch (HRW) released a report on Sunday arguing that a recent attack on a refugee boat off the coast of Yemen, which resulted in the deaths of around 40 people, likely constitutes a war crime. HRW also noted that the Saudi-led coalition is the only party to the conflict with access to the military aircraft allegedly used in the attack. The report was also critical of the system for investigations established by the Saudi-led coalition and expressed doubt that the inquiry requested by Somalia, an ally of the coalition, will have meaningful results. HRW has reportedly documented 62 unlawful airstrikes by the Saudi-led coalition that are believed to have killed nearly 900 civilians in total. It is unknown what impact this event will have on the decision the US government is expected to soon make on a proposal to increase its intelligence and logistical support for the Saudi-led coalition.

Residents in Taiz reported on Sunday that a girl was killed by a Houthi sniper in the eastern portion of the city where clashes between government and rebel forces have already killed dozens. President Hadi has reportedly declared that 80% of Yemen is now under his government’s control and that the offensive against the Houthis will continue until they are forced to the negotiating table. The contested port city of Hodeidah remains the Houthis’ last stronghold position and the primary target of the government and Saudi-led coalition’s offensive.

On Thursday, the UN Special envoy for Yemen urged the UN Security Council to apply pressure on all parties in the conflict in Yemen to engage in diplomatic and political negotiations to end the ongoing bloodshed. The past week marked the second anniversary of the beginning of the Saudi-led bombing campaign in the Yemeni conflict. UN Under-Secretary-General for Humanitarian Affairs Stephen O’Brien released a statement marking the anniversary in which he said that the thousands of civilians killed in the conflict, including over 1,400 children, shows “the magnitude of the tragedy unfolding in Yemen.” Mr. O’Brien went on to discuss the looming man-made famine in the country and the need of two-thirds of the Yemeni population for humanitarian aid. Mr. O’Brien called on all parties to the conflict to start a political dialogue to prevent the imminent humanitarian catastrophe.

The UN children’s agency (UNICEF) also released a report marking the second year of the escalated conflict in which it noted that there has been a markable increase in the number of girls forced into child marriages in Yemen since the conflict escalated. UNICEF estimates that now more than two-thirds of girls are married off before the age of 18 in Yemen and that more that 44% of girls and women are married under the age of 15 in some parts of the country.

The UN has begun to look for alternative ports to deliver vital food and medicine to Yemen should Hodeidah come under attack. The UN humanitarian coordinator for Yemen, Jamie McGoldrick, has said that despite the urgency for the 17 million Yemenis facing imminent famine conditions, humanitarian access has been hampered by a massive funding gap of over $2 billion USD, as well as by the intense fighting along the western coast. The International Committee of the Red Cross estimated that the international community has, at most, three to four months to save two-thirds of Yemen’s population from starvation. According to the Norwegian Refugee Council, 17 million Yemenis live in a state of severe food insecurity as result of “ruthless war tactics against civilians by both parties to the conflict.” This figure is equal to about two-thirds of the entire country’s population.

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Filed under Burma, Burundi, CARcrisis, Human Rights, Myanmar, Nigeria, Rebuilding, RtoP, Security Council, South Sudan, Sudan, Syria, Syria Ceasefire, UN, Weekly Round-Up, Yemen

#RtoP Weekly: 13 February – 17 February

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Burma set to investigate abuses against Rohingya Muslims

Following the report published last week by the Office of the UN High Commissioner for Human Rights signaling the incessant perpetration of gross human rights violations against Rohingya Muslims in northern Rakhine State, the Burmese government has announced that it will set up an investigation into allegations of police abuses committed during the military crackdown in the state since October 2016.

The plight of the Rohingya minority in the country, whose very existence has been denied by the Burmese government, have increasingly raised alarms in the international community. In late January 2017, the government of Bangladesh revived a plan, which was first suggested in 2015, regarding the possibility to transfer Rohingya refugees to an uninhabited, undeveloped coastal island, called Thengar Char. Brad Adams, the executive director of Human Rights Watch’s Asia Division, said that the proposal to relocate people to an island “that is deluged at high tide and submerged during the monsoon season” is both “cruel and unworkable”. According to what the plan envisages, it is unclear as to whether all Rohingya refugees in Bangladesh would be transferred, or only the new arrivals.

On Wednesday, the Burmese military finally put an end to the clearance operations in Rakhine State, which the United Nations (UN) affirm “may amount to crimes against humanity”. The newly appointed security adviser, Thaung Tun, said that “the situation in northern Rakhine has now stabilized […] the curfew has been eased and there remains only a police presence to maintain the peace”. However, the violence perpetrated during the last four months has renewed international criticism of Burmese leader Aung San Suu Kyi, who has been accused of having inadequately addressed the matter. In particular, she has either remained silent on the worsening situation or participated in official denials issued from the military.

Source for above photo: Mohammad Ponir Hossain/Reuters via The Guardian


Catch up on developments in…
Burundi
CAR
DPRK
DRC
Iraq 
Libya
Mali
Nigeria
South Sudan
Sudan/Darfur
Syria
Yemen

Burundi:

Burundi’s Home Affairs minister, Pascal Barandagiye, said at a hearing with a UN refugee agency (UNHCR) representative in Burundi that figures released by the UNHCR about Burundians fleeing the country are false, and that “those who are said to flee the country are people suffering from hunger, who leave the country to search for food and then return back.”

Burundi is starting to call back its citizens after officials have announced that the country is safe after having months of civil unrest. It is calling upon those citizens who fled during the unrest to neighboring countries such as Uganda, Tanzania, and the Democratic Republic of Congo. This call for refugees happened on the eve of peace talks, scheduled for 16 February to 18 February. According to the Burundian president’s office earlier this week, the government would conduct the next round of talks in Arusha, Tanzania in the context of the inter-Burundian dialogue. However, later in the week the Burundi government refused to send representatives to these talks. The government spokesperson stated that Burundi will not negotiate with those who disturb their justice and noted that some of the members of the delegation are wanted in Burundi for offenses against the state.

While Burundi states that it is making peaceful progress, critics of the government who remain in the country have said that their work is becoming increasingly difficult to do due to further restrictions on civil society. These journalists and human rights activists are worried for their own safety as well as those whose human rights are being violated and state that these people are terrified to speak out.


Central African Republic:

On Saturday the UN mission in CAR (MINUSCA) shot at fighters from the Popular Front for the Renaissance of Central African Republic (FPRC) advancing towards the town of Bambari, reportedly killing a top militant and three other fighters. Later in the week a MINUSCA spokesman stated that a death toll had not been confirmed, but it is confirmed that the FPRC’s top commander, Joseph Zonduko, was killed.
A senior UN humanitarian official denounced forceful entry by armed individuals into a hospital in the Central African Republic’s restive PK5 neighbouhood with the intention to kill some of the patients, emphasizing that this is the second incident at the health facility, situated in the capital, Bangui, in the last five days.
On Thursday, Human Rights Watch condemned the execution of 32 civilians, possibly more, due to clashes in the country. With all this conflict, the appointment of a chief prosecutor for the Special Criminal Court on 15 February marks an important step towards accountability and peace. The court will be staffed by national and international judges and prosecutors to prosecute human rights violations that have taken place since 2013.


DPRK:

On Monday, the UN Human Rights Council released a report of a group of independent experts designated by the High Commissioner for Human Rights to hold North Korea accountable for the human rights violations perpetrated in the country, which, the experts argue, amount to crimes against humanity.


Democratic Republic of Congo:

The UN peacekeeping mission in the DRC voiced its concern about the constant conflict in the Kasai provinces where violent atrocities are being committed by the Kamuina Nsapu militia, including recruiting and using child soldiers. UN and humanitarian partners in the DRC have appealed for nearly $750 million to aid 6.7 million people this year. On Tuesday, the UN human rights office announced that more than 100 people had been killed between 9 and 13 February in Dibaya.

On Thursday, the DRC government announced that it will not have the funds to afford a new presidential election, which was agreed to happen this year. Budget Minister Pierre Kangudia said the cost, $1.8 billion, was too expensive. Current President Joseph Kabila’s term ended in late 2016, but opponents have accused him of delaying polls to remain in power. The DRC has not had a smooth transfer of power for more than 55 years. The 2017 election plan initially reduced tensions in the country, but with this latest news tensions have reignited. The African Union, United Nations, European Union, and International Organization of La Francophonie have issued a joint statement of increasing concern for the implementation of the election plan agreement, which outlined a peaceful transition of power.


Iraq:

On Saturday, Iraqi security forces fired tear gas and rubber-coated bullets at thousands of  supporters of an influential Shia leader, Muqtada al-Sadr, who were demonstrating in the area of Baghdad’s Green Zone, pressing for electoral reform. Four protesters and one policeman were killed, and many were injured.

On Thursday, Islamic State (ISIL) claimed responsibility for having blown up a car packed with explosives in the south of Baghdad, killing 48 people and wounding dozens more. On Wednesday, a suicide bomber detonated a truck in the suburb of Sadr City, killing 15 people and wounding around 50, while only a day earlier, another car bomb explosion in southern Baghdad killed four people.


Libya:

On Friday, the Director General of the International Organization for Migration (IOM), the UN High Commissioner for Refugees, the UN High Commissioner for Human Rights and the Special Representative of the UN Secretary-General for Libya, met in Geneva to address the ongoing flows of refugees and migrants in Libya, calling for a comprehensive approach at the international level. They highlighted that “untold numbers of people” face “grave human rights violations and abuses”, such as extortion, torture and sexual violence.


Mali:

Government officials reported late Monday and early Tuesday that communal violence in the Ke-Macina area killed at least 13 over the weekend. However, residents of the area claimed the number of deaths was at least 30. Local sources also said that members of the Bambara community attacked the Fulani community, who they accuse of collaboration with extremist groups that have destabilized the country. By Wednesday, the official government numbers had risen to 20 with 16 injured and 600 displaced by the fighting.

Elsewhere, state security forces pushed into Dialoubé locality in the central Mopti region over the weekend, ousting the Al-Qaeda in the Islamic Maghreb (AQIM) aligned extremist group that had controlled the area. Military officials claim to have arrested around 20 suspected members of the group and to have killed one area resident who refused to stop at a checkpoint.

Despite setbacks, actors remain committed to implementation of the peace plan outlined in the agreement signed in May-June 2015. The working group overseeing the implementation of the Malian peace plan stated that implementation will continue and that joint patrols will begin by the end of February. The statement came only weeks after a devastating attack by terror groups on a military base in Gao as the first tripartite patrol was preparing to depart.


Nigeria:

Communal violence between largely Christian farmers and largely Muslim nomadic herders has displaced 27,000 in Kaduna state since September. The Nigerian government’s disaster response organization has officially stated that 200 have been killed while local church officials claim the number may be as high as 800.

The International Committee of the Red Cross (ICRC) has reported a drastic reduction in cases of malnutrition in children under five in areas they provide food relief. At an ICRC clinic in southern Borno state an average of 10 cases were reported a month since December compared to 110-120 cases a month last summer. Despite this ICRC and other humanitarian organizations are concerned about possible famine like condition in areas still inaccessible to them. The UN has also forecasted the potential for catastrophic famine conditions in Nigeria, particularly affecting children, and the UN Food and Agricultural Program is warning of food shortages for 11 million in June through August, 120,000 of whom may face famine like conditions.

The US administration has reportedly made promises to the Nigerian government about increasing cooperation and aid in the Nigerian fight against Boko Haram and other terror groups, including the increased sale of arms to the Nigerian military. Previous US administrations have been resistant to arms sales to Nigeria due to deep concerns regarding human rights abuses by the government and armed forces.


South Sudan:

The UN Security Council has strongly condemned continued fighting across South Sudan, particularly incidents in the Equatoria and Upper Nile regions, and warned that attacks on civilians could renew calls for sanctions. The Council called on all parties to cease hostilities immediately. Thousands of civilians have been fleeing as violence in the Equatoria region has intensified. The aid workers on the ground have stated that thousands of refugees are entering Uganda every day due to the fighting between different factions and the South Sudanese military. Refugees have reported that government soldiers are torturing, kidnapping, raping, and executing women and girls around Kajo-Keji County. Officials in South Sudan also say army troops raped at least six women and girls, some at gunpoint. There has been an increase in rape by the Sudan People’s Liberation Army (SPLA), sparking outrage and raised tension between the government and other countries aiding in humanitarian efforts. However, South Sudanese internally displaced persons have opposed the re-deployment of the Kenyan peacekeepers, claiming their involvement fueled clashes in Juba.

President Salva Kiir dismissed charges that he and the SPLA Chief of General Staff, Paul Malong Awan, have turned the national army into a tribal institution. Later in the week, the Justice and Equality Movement (JEM), one of the rebel groups fighting Sudanese government forces in Darfur, called on the African Union High Level Implementation panel to consult with opposition groups before convening any meeting on the peace process. It was also reported that a South Sudanese general has resigned from the army, accusing the country’s president of “ethnic cleansing.”


Sudan:

A presidential spokesperson has reaffirmed the Sudanese government’s commitment to signing a comprehensive ceasefire and humanitarian access deal following the proposal by the US envoy. However, the spokesperson also stated the government remains equally committed to retaliatory action against perceived aggression.
This week, the UN International Children’s Fund (UNICEF)  launched an appeal for  $110 million to aid two million acutely malnourished children throughout Sudan.


Syria:

Syrian rebels and Turkish troops, as well as Syrian government forces, have entered Islamic State (ISIL) held Al-Bab, the group’s last stronghold in Syria, engaging in heavy clashes with the terrorist group. On Saturday, the Turkish military released a statement reporting that at least 43 ISIL fighters were “neutralized” and that the Free Syrian Army (FSA), supported by Turkish Land Forces, eventually hit 245 ISIL targets, including headquarters and defense positions. On Tuesday, the Turkish Prime Minister Binali Yildrim said that Turkey-backed rebels have largely taken control of the town of Syria’s Al-Bab from ISIL combatants. However, the Britain-based Syrian Observatory for Human Rights said the Islamic State remained in control of the northern Syrian town.

On Monday, Human Rights Watch has claimed that Syrian Government forces allegedly used chemical weapons targeting opposition-controlled areas of Aleppo during the battle to retake the city in late 2016. From 7 November to 13 December, government helicopters purportedly dropped chlorine bombs in residential areas of Aleppo, killing nine civilians, including children, and injuring about 200.

As more than 60,000 civilians are trapped in the four Syrian towns of Al-Zabadani, Al-Fu’ah, Kefraya and Madaya, on Monday, a senior United Nations relief official called on all parties to come to a viable agreement, allowing for immediate humanitarian access. People in the four towns suffer from daily violence and deprivation, as well as malnutrition and lack of proper medical care. In a news release, Ali Al-Za’tari, the UN Resident and Humanitarian Coordinator for Syria, stressed that the situation is likely to spark a humanitarian catastrophe.

On Wednesday, the spokesman of the High Negotiations Committee (HNC), which includes rebel groups and political opponents of President Assad, said that it wants to negotiate with the Syrian government about a political transition at peace talks scheduled to begin next week in Geneva. While underlining that the HNC still sticks to its position that President Assad can have no role in the transition, it welcomes the creation of a governing body tasked with overseeing the process.

The United Nations in Geneva will host a new body charged with preparing prosecutions of war crimes committed in Syria. At a minimum, the body will be tasked with preparing files for prosecutions that could be used by states or the International Criminal Court in bringing forward such prosecutions. Andrew Clapham, Professor of International Law at Geneva’s Graduate Institute said that “the focus is on collecting evidence and building criminal cases before the trail goes cold.” He further pointed out that many national courts could also bring perpetrators to account using the resulting dossiers.


Yemen:

A Saudi-led coalition airstrike targeting the home of a local tribal leader reportedly killed nine women and one child, in addition to wounding dozens, as they attended a funeral. Initial reports from Houthi officials also claimed that the attack included a second follow-up strike that hit first responders. A previous airstrike reported to have occurred last Friday, also killed a school administrator as well as two students when a makeshift gas station less than 200 metres from a school was targeted by coalition warplanes, according to Human Rights Watch. The rights group also stated that the attack on the gas station, which local witnesses said has previously fueled Houthi fighting vehicles, occurred during the beginning of the school day when students were walking to school and at a time when no combatant vehicles were present. The Saudi-led coalition issued a statement on Monday reiterating their commitment to protecting civilians and touting the steps it has taken to minimize civilian casualties.

Elsewhere, a suicide car bomb in a Houthi-controlled town reportedly killed three, including a child, and wounded eight others.

The fighting has had a significant impact on civilian property and infrastructure worsening the humanitarian impact of the conflict. Medecins Sans Frontières has reported that civilians are facing significant supply shortages and that the ongoing violence has caused major damage to hospitals in the Taiz area. The World Health Organization (WHO) reported that as fighting in Al-Mokha City in Taiz continued last weekend, 8,000 people fled the violence to the neighbouring Al-Hudaydah governorate where WHO is providing emerging trauma care to those displaced across several districts.

UN Secretary-General Guterres called for a resurrection of the peace negotiations in Yemen for the sake of the suffering civilians, many of whom are now considered by the UN to be at severe risk of famine. Seven previous ceasefires brokered by the UN have failed, as have previous rounds of peace talks. Mr. Guterres also reaffirmed his support for the current UN peace envoy to Yemen days after the Houthi rebels asked the UN chief not to renew the current envoy’s mandate. Iranian President Hassan Rouhani reportedly called for a truce in Yemen on Wednesday, potentially indicating a willingness to deescalate the tensions with Iran’s regional rival Saudi Arabia that have been fueling the conflict in Yemen.

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al-Senussi Arrest: Conflicting Extradition Requests, Concerns About Libya’s Justice System

 Abdullah al-Senussi, a former Libyan Colonel and Chief of Military Intelligence under the regime of Muammar Gaddafi, and wanted by the International Criminal Court (ICC), was arrested in Mauritania on 18 March by Mauritanian and French officials.

Abdullah al-Senussi was arrested by in Mauritania on 18 March 2012. He is wanted by the International Criminal Court (ICC) on two counts of crimes against humanity for his role in the Libyan government's crackdown against protesters last February. (Photo: Paul Hackett/Reuters)

The arrest has led to conflicting calls for al-Senussi’s extradition from the ICC, France, and Libya. The Court has called for Mauritania’s cooperation, based on UN Security Council Resolution 1970 (in which the situation in Libya was referred to the ICC), in surrendering al-Senussi to the Hague for investigation into his role in the commission of crimes against humanity in the country last year,.

press statement from the Office of the French President, Nicolas Sarkozy, indicated that the government was pressing for al-Senussi’s extradition to France to serve the life sentence that was handed down to him in abstentia for his role in the bombing of flight UTA 772, which claimed the lives of 170 people on 18 September 1989.

Meanwhile, Libya’s provisionally-ruling National Transitional Council (NTC) has urged Mauritania to extradite al-Senussi to face justice in Libya, and dispatched its Deputy Prime Minister, Mustafa Abu Shagour, and a delegation of senior officials on 20 March to press for a decision. Libyan officials have expressed that their Courts are ready to hold a trial for al-Senussi.

According to an Al Jazeera report on 21 March, Shagour acknowledged that he had reached an agreement with Mauritanian officials that would see al-Senussi transferred to Libya, despite continued pressure from Paris. Mauritania has not yet confirmed this decision.

These developments come as as civil society expresses the urgent need to transfer al-Senussi to the ICC, rather than to face justice in Libya. ICRtoP member organization Human Rights Watch, and others including Amnesty International, members of the Coalition for the International Criminal Court (CICC), and the International Federation for Human Rights (FIDH) called for such action without delay.

Regarding Mauritania’s responsibilities, the CICC reminded on 19 March that Security Council Resolution 1970 encouraged states to cooperate with the Court’s investigation into Libya, including the arrest and surrender of suspects:

“Although Mauritania is not a State party to the Rome Statute – ICC’s founding treaty – United Nations Security Council (UNSC) Resolution 1970 – which referred the situation in Libya to the ICC – while recognizing that “States not party to the Rome Statute had no obligation under the Statute”, urged “all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor.”

The CICC’s release goes on to state:

“While the Libyan authorities retain pri­mary jurisdiction over crimes committed in their territory, they are legally bound to facilitate the transfer of the suspects to the ICC, unless Pre-Trial Chamber I (PTC) decides that the case is no longer admissible before the Court because the Libyan authorities are investigating or prosecuting the same individuals for the same crimes at national level.”

But, as Amnesty International’s Senior Crisis Response Advisor, Donatella Rovera, stated in a press release on 19 March 2012, concerns remain over Libya’s ability to ensure a fair trial for al-Senussi:

“The news of al-Senussi’s arrest is an important moment for the victims of his alleged crimes in Libya. But Libya’s court system does not function and its justice system remains weak and unable to conduct effective investigations into alleged crimes against humanity, none of which are crimes under Libyan law. The ICC remains the best-placed mechanism for accountability in Libya.”

This has been echoed by Human Rights Watch and FIDH, who have also raised concerns over Libya’s troubled transition into the post-Gaddafi era, which includes the fact that thousands remain in detention under the control of militias, with widespread allegations of torture and ill-treatment. Both organizations have thus impressed upon the need for al-Senussi to be sent to the ICC instead of being tried in Libya.

Protesters demonstrate against the ongoing militia violence and pervasive lawlessness in Tripoli, Libya. (UN Photo/Iason Foounten)

However, No Peace Without Justice (NPWJ), an Italian non-governmental organization that runs a transitional justice program in Libya, has called specifically for al-Senussi to be tried in Libya. In a 17 March press release, the organization stated:

We take this opportunity to recall the wishes of the victims, and of the people of Libya, that both Saif al-Islam Gaddafi and Mr Senussi be tried in Libya, to face justice in the same place in which they allegedly waged their brutal attacks. According to the principle of complementarity, the ICC has jurisdiction only if the Libyan authorities are unable or unwilling to investigate and prosecute the crimes of which they have been accused. Libya is certainly willing, as they have proved by requesting Mauritania to transfer Mr Senussi to face charges before the Libyan courts.”

NPWJ followed this call by encouraging the international community to provide assistance to Libya as it seeks to be able to try both Abdullah al-Senussi and Saif al-Islam Gaddafi, who, also wanted by the ICC, was arrested by militias from Zintan on 19 November 2011, and remains in custody in Libya. If, however, Libyan authorities were found unable to try al-Senussi, NPWJ said it would join other civil society organizations in calling for Mauritania to transfer the former Gaddafi-era official to the ICC.

The debate over where to extradite al-Senussi has thus reinforced the necessity of a holistic approach to international assistance in Libya’s post-conflict transition.

As Libya’s new authorities push for al-Senussi to be tried in their courts, concerns over the state of the judiciary and reported conditions in detention centers are a striking reminder of the potential risks of al-Senussi’s extradition to the country. Overall, the present situation raises serious questions about the ability of the post-Gaddafi system to deliver a fair trial that bestows justice to the victims of government-perpetrated crimes during the revolt.

At the May-June 2010 Kampala Review Conference of the ICC, the Court’s Assembly of States Parties (ASP) adopted a resolution which premised that states willing but unable to fulfill their Statute responsibilities in investigating and prosecuting individuals accused of Rome Statute crimes should be provided with the necessary tools needed to do so. If Mauritania does proceed with al-Senussi’s extradition to Libya, international assistance by the Court, members of the ASP, and civil society will be crucial to ensuring that the trial meets international standards.

The state of the judicial system and its capacity to hold fair, domestic trials reflect the broader challenge confronted by the new Libya as it struggles to consolidate security, build the rule of law, and promote respect for human rights – all integral in upholding its primary responsibility to protect its populations. Consistent with the second pillar of the RtoP, the international community must be prepared to provide assistance and capacity-building to the new Libyan authorities as the transition continues.

Click here for our post on the relationship between RtoP and the ICC.

Click here for our look at the anniversary of the Libyan protests and the challenges faced by the NTC in the post-Gaddafi transition.

Click here for our feature on the Responsibility to Protect in the aftermath of Libya, with voices from our civil society member organizations.

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Filed under CivSoc, Human Rights, International Criminal Court, Libya, National Transitional Council, Post-Conflict, RtoP, Security Council, UN