August 2020

August 2020 - Domestic Prosecution of International Crimes Updates

By: Sophia Zademack, Junior Research Associate, PILPG-NL

This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources. 

EUROPE

United Kingdom | War crime suspect arrested in London           

The London police arrested a former fighter and frontline commander of the Liberia United for Reconciliation and Democracy (LURD), Jankuba Fofana.  Fofana allegedly committed war crimes in Liberia between 1989 and 2003 where approximately 250.000 people were killed in a civil war.  The LURD’s main aim during the war was to force Charles Taylor out of office, Fofana is known to be one of the main leaders of the LURD and played a key role during ceasefire talks. [August 27, 2020]

Germany | Public granted access to Arab version of Al-Khatib Trial           

The Court of Koblenz decided that accredited Arabic speaking journalists will be granted access to the simultaneous German-Arabic interpretation of the trial on Syrian state torture before the Higher Regional Court in Koblenz, Germany. The Constitutional Court of Germany decided so after a Syrian journalist and the Syria Justice and Accountability Centre filed a preliminary injunction. [August 18, 2020]

Germany | Witnesses in torture trial fear threats of families back home           

The first two inside witnesses appeared in the torture trial against Syrian state officials. Both answered vaguely and were unwilling to confirm several incidents in the court hearing.  They had mentioned before that their families back in Turkey and Syria had been threatened by the families of the accused and were left without protection. [July 27th, 2020]

Bosnia | War Convict again indicted for killing Bosniaks           

The Bosnian state prosecution filed an indictment against Predrag Bastah, charging him with crimes against humanity. Bastah allegedly participated in the murders of 37 Bosniak civilians along with two Bosnian Serb Army soldiers. In 2011, Bastah was already sentenced to 22 years in prison for unlawful detention and forced disappearances and is currently imprisoned. The new indictment is now filed for confirmation at the state court.  [August 12, 2020]

THE AMERICAS

Colombia | Request to extradite war lord from the United States to Colombia           

Colombian authorities requested the extradition of Salvatore Mancuso, who is currently living in the United States.  Mancuso was the leader of a right wing paramilitary group during Colombia's civil war and was convicted of 1.5000 murders and forced disappearances.  He was then extradited to the US for drug trafficking and released in May 2020. Mancuso was ordered to be deported to Italy before September 4th, but in a highly politicized move, the US has decided to extradite him to Colombia instead where he is wanted for gross human rights violations. [August 26, 2020]

Guatemala | Convicted Military Officials seek release           

The First Court of Appeals in Guatemala held a hearing to consider a request for release, filed by three senior military officials. The officials were convicted for crimes against humanity, aggravated sexual assault, and forced disappearance against Emma and Marco Antonio Molina Theissen by the High Risk Court C in Guatemala. Their request to be released is based on concerns about COVID-19 hygiene and safety in jail. The lawyer of the victims filed an appeal against this, invoking that the Guatemalan criminal code excludes substitution measures for those convicted of the crimes of forced disappearance and aggravated rape. [August 18, 2020]

Guatemala | Former Special Forces Soldier indicted by a Guatemalan Court           

The Guatemalan High Risk Court A indicted Gilber Jordán, a former member of the special forces, for his alleged role in the Dos Erres massacre.  The massacre happened in 1982 in the community of Las Dos Erres. Many of the women and girls of the community were raped and all members of the community were killed afterwards.  Jordán is charged with direct participation in murder in 162 counts and faces charges of crimes against humanity. [July 25th, 2020] 

ASIA

Cambodia | ECCC seals Ao An Trial           

The ECCC ordered the sealing and archiving of the Ao An case. The international and Cambodian judges were not able to agree upon further procedure of the case. According to the order, the “national judges declared that there would be no trial of Ao An now or in the future”. This led to the final order of sealing the case.  [August 14, 2020]

AFRICA

Rwanda | Paul Rusesabagina arrested on terrorism charges 

The inspiration behind the film “Hotel Rwanda” Paul Rusesabagina has been arrested and is now in police custody in Kigali. Rusesabagina was known for saving hundreds of lives during the 1994 rwandan genocide by sheltering people in the hotel he managed, he is currently an outspoken critic of Rwandan president Paul Kagame. Yet, he was accused by Rwanda of being the “founder, leader, and sponsor of violent, armed, extremists terror outfits”. Rwandan authorities have confirmed that his arrest resulted through international cooperation, although the assisting nation was not disclosed. [August 31st, 2020]

Rwanda | Arrest warrant issued for former spy chief           

Rwanda issued an international arrest warrant against its former spy Chief, Aloys Ntiwiragabo.  Ntiwiragabo is currently under investigation in France, where his role in the 1994 genocide in Rwanda is examined.  Rwandan authorities have now investigated on the case and are accordingly “working with the French unit in charge of combatting war crimes and crimes against humanity." [August 26, 2020]

DRC | Executions and arbitrary killings could amount to crimes against humanity, UN says          

According to the UN Joint Human Rights Office (UNJHRO), fighters of all armed groups are responsible for executions and arbitrary killings, that have amounted to over 1.300 people  including over 150 children in the first six month of 2020. Next to that, violations committed by the state have decreased compared to numbers of the beginning of 2019. The UNJHRO warned that some of the latest attacks “could amount to crimes against humanity.“ [August 5th, 2020)

August 2020

August 2020 - International Criminal Court Updates

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

In the past month, the international criminal court took the decision to adjourn the evidentiary hearings in the al Hassan case.  

AFRICA

Mali | Evidentiary hearing of Al Hassan trial adjourned

On August 18, 2020 Trial Chamber X decided to adjourn the evidentiary hearings in the case of The Prosecutor v. Al Hasan. This decision was taken in light of Judge Tomoko Akane’s request to delay the hearing since her father is at the end-stage of a terminal illness. The hearing was scheduled to start on 25 August, 2020 and has now been postponed by a two week adjournment. [August 18th, 2020]

The un-evident victims of armed conflict: Humanitarian workers

By: Tamia Brito, Junior Research Associate, PILPG-NL

In the increasingly complex realm of armed conflict, the impact of armed encounters has expanded beyond the parties to the conflict and the civilian population.  There is a deteriorating situation for humanitarian workers as they have become direct targets of organized violence, despite the protection that international law has provided for them.  Both International Humanitarian Law (IHL) and International Criminal Law (ICL) have established special protection to personnel providing input and services to the civilian population affected by armed conflict.  However, the difference between theory and practice can be rather large.  The humanitarian mission is being limited in the field by novel risks brought by armed conflicts.  This blog post discusses the achievements of international law in providing special protection to humanitarian aid personnel as part of global recognition of the humanitarian endeavor.  It also addresses factual information regarding humanitarian workers, illustrating the risks they experience in the field.  To conclude, this blog post exhibits responses that the international community is implementing to mitigate the discrepancy between law and practice.  World Humanitarian Day (August 19th) may be an opportunity to remember the relevance of this particular issue and encourage further efforts towards its solution.

The Status of Aid Personnel under International Law

The work of humanitarian personnel in the context of armed conflict is regulated by IHL, which expressly recognizes that the civilian population affected by armed conflict is entitled to receive aid, and that the parties have to protect the personnel participating in relief actions.  IHL also establishes that in order to avoid the interruption of the humanitarian aid by opposing parties and ideologies, impartial actors should provide humanitarian assistance.  These impartial actors have to be neither a threat nor an ally to either party.  Only humanitarian workers whose efforts are focused on relief operations for the benefit of the civilian population are by law allowed to work in the field.  The iconic impartial agency in providing humanitarian relief is the International Committee for the Red Cross (ICRC).

Considering the complexity of armed conflict, there is a differentiated legal framework for specific situations, such as blockades, besieged areas, occupied territories, among others.  As a rule of thumb, the duty to protect humanitarian workers in the field lies on the parties to a conflict, because their operation depends on their collaboration.  Admittedly, there is no specific legal rule in IHL protecting humanitarian staff against direct attacks.  Yet, ICL complements IHL in this regard, as the Rome Statute determines that the breach of such an obligation constitutes a war crime.  Additionally, the special protective status provided by IHL to humanitarian personnel does not preclude the general protection they may enjoy as civilians.

A new reality of Armed Conflict

However, in the harsh edges of war, the humanitarian aid endeavor has progressively fallen into greater risk.  Relief action is (by nature) provided in-between or in the immediate aftermath of an exchange of hostilities.  Consequently, humanitarian personnel are exposed to the natural dangers of armed conflict.  But, in addition, they are also increasingly at risk of being direct targets of different types of attacks.  The reasons behind these actions may differ from one conflict to another, but the trend reflects the same increment of targeted attacks against humanitarian personnel.  

Between the years 2000 and 2010, there were 1988 reported victims of directed incidents, including kidnapping, shooting, aerial bombardment, bodily assault, shelling, killing, and sexual assault.  The numbers have been going up ever since, with 2013 being the most violent year on record.  Between 2014 and 2016, there were about 913 victims while in 2018 and 2019, each year alone marked more than 400 deaths. 

The legal framework provided for the protection of humanitarian personnel against attacks is, however broad, very clear.  Even though there is a prohibition to cause harm to humanitarian personnel as part of relief operations, the facts reflect a different reality.  Thus, the need to continue working towards more effective implementation of international law, from international, regional, and even national initiatives. 

Conclusion

Although IHL and ICL grant special protection to humanitarian personnel, the incidents of attacks against them remain a reality.  There are issues in the implementation of international law in respect of relief operations.  Armed conflicts remain a contemporary reality, as are the attacks against humanitarian workers.  Several endeavors have appeared as a response to this situation. One of the most remarkable is the European Union.  This organization adopted its own guidelines to promote compliance with IHL and has published two reports on their implementation, last one being from October 2019.  The EU also created a whole department to advocate and support the protection of humanitarian actions, which has been helping millions of people across the globe since 1992.  And, it collaborated with the ICRC with a worldwide campaign for humanitarian workers to not be considered a target.  

From the third sector, several organizations continue working for the implementation of IHL and the protection of humanitarian personnel.  Two remarkable initiatives are the New Humanitarian and the Center for Civilians in Conflict (CIVIC).  The New Humanitarian is an organization founded by the United Nations that cast a critical eye over the emergency aid industry.  As for CIVIC, it is an organization working towards advocacy of victims of war.  The academic world is also contributing with alternatives and strategies to further advance the protection of humanitarian aid personnel.  And, since 2009, on World Humanitarian Day, the world commemorates humanitarian workers killed and injured in the course of their work, while also thanking all workers who continue providing protection and aid.  The annual event, celebrated since 2009, takes place on August 19th, in memory of the Canal Hotel attack that killed Sergio Vieira de Mello and 22 other people. 

Best Practices for Online Events

By: Rachel Grand, Research Associate, PILPG-NL, & Sophia Zademack, Junior Research Associate, PILPG-NL

Due to the outbreak of COVID-19, events, conferences, meetings, and expert discussions have largely moved online.   The ‘new normal’ of online work will likely last for a significant period of time, with some suggesting a recovery might take multiple years.  Therefore, it is important for young professionals to navigate the transition of attending professional events online. 

Choosing an Online Event

There are many benefits to moving conferences and debates online.  Before, people traveled to conferences around the globe.  Events taking place in different cities or on different continents would often exclude those who could not be physically present.  With the abrupt change to remote working, more knowledge is now accessible online.  Conferences and events are live-streamed and often recorded and later uploaded on the host or organization’s web page.  All of this provides young professionals with the opportunity to attend and participate in events that were not accessible to them before. 

To become aware of online events, it is helpful to follow relevant organizations.  Most events will be published on their Facebook, Twitter, and LinkedIn pages.  Once you find an event that you would like to attend, their website will usually provide a full description.  Some of the events have a set number of participants, so they follow a “first come, first serve policy” or a deadline for registration.  Others offer a link for registration and send participants the link for the online event once they register. 

It is important to choose events that will help maximize  your network potential.  Identify speakers you are interested in hearing from and would like to connect with.  Similarly, if you want to meet people who have expertise on a particular topic base your event choice around that subject.  These strategic decisions will assist you in forming connections with individuals in the field from around the globe. 

Preparing for the Event

Before the event, check your settings, camera, audio, and background. Remember that within many platforms meeting hosts can control participants' video and audio settings.  Try to find a quiet place and use a headset to cut down on any echoing, if you are not alone this will also ensure more privacy.  Be aware of your surroundings and the background of your camera picture, verify that there are no sensitive or unprofessional items visible, and keep your background clear of distracting items.  If you live with other people, tell them that you will be attending an event and ensure that they will not appear in the background of your camera, or that they won’t disturb you.  Similar to events that happen in person, be aware of your clothing and appearance in general.  Professional dress and appearance are just as necessary in the online world as they are in real life.

Beforehand, research the background of the speaker(s) and, if possible, other participants.  This will provide context to their statements and assist in formulating critical questions.  Also, take this time to think of and write down any possible questions you have about the topic.  During the event, you can add to your list of questions.  At the end of the event, check whether they answered your questions, and if this was not the case, consider asking them if they are still relevant.  Some event organizers will ask that you write your question in the chatbox. Remember to still introduce yourself and, if applicable, the organization that you are representing when asking the question. 

Be prepared to introduce yourself in case they ask participants to do so. If it helps, write down your elevator speech and put it in a visible place, such as on your desktop, so you can rely on it once the event starts.  The aim is that people do not realize that you are reading the introduction from a paper and it appears you are speaking freely to the camera.  Practice it beforehand and keep your eye movement in mind.

To avoid awkward silence before the speaker(s) arrive, think about potential small talk topic ideas.  Come to the event prepared to discuss recent events or other participants’ academic research. These will serve as entry points into the conversation and will assist in avoiding silence before the event begins. Keep in mind that at the beginning there might be two people in the call, and this number will increase in a short time span.  If the event you are attending is about a specific country or regional area, be well-informed about key current events and the relevant general history.  Other members in the call can then pick up on facts or combine them with personal experience.  If the tone is more casual and you are not waiting for a speaker, find a topic that interests one of the attendees.  Ask them questions about it and think about the details you could add to the topic.  This will help you to keep a conversation running and will also not require you to do all of the talking. 

During the Event

During the event, mute your microphone after your introduction.  If you are the host, mute all participants to avoid background noises.  If the host mutes all participants, the only way to ask questions is via chat.  If the host does not mute you, remember to turn on your microphone again when you would like to speak.  Check whether there is a procedure for asking the questions during the event.  In some instances, the speaker may prefer the participants to ask questions directly via the microphone during the event.  However, frequently for large events, questions should be communicated via chat or Twitter.  If they establish this type of routine, adhere to it, and be careful not to interrupt the speaker or other participants.  If you have difficulties with the internet connection, turning off your camera can help reduce traffic.  During large events, keep your camera turned off to ensure proper internet quality for all participants.

Be Active on Social Media

Tweeting and following others in the field helps to build your network and an online presence.  Tweeting about being excited to attend an event beforehand will promote it.  If there is a hashtag established, use it to have your tweet reach a broader audience.  When you are tweeting, remember to be both professional and authentic.  It is useful to attach a flyer or a link so followers can obtain more information on which virtual platform they are using, if registration is required, and who the speakers are.  Additionally, tagging the hosts and speakers and including the hashtag may allow your tweet to reach a broader audience if they favorite or retweet it.  It is beneficial to retweet others’ tweets about the event to spread awareness further and demonstrate your interest.  Liking an event or posting about it on Facebook or LinkedIn can also help with promotion.

Tweets can also include photographs of the event and quotes from the speakers.  If you take a screenshot or a picture of your laptop on your desk, make sure you have a clean desk with a background that does not call much attention.  Also, remember to remove sensitive information or pictures.  If you would like to take a picture with attendees in a private event, ask them for consent before publishing it.  If the event is public or streamed to Youtube, you can freely take pictures. It may be helpful to draft tweets before the event with tags and hashtags already in place, so adding them in during the event does not take as long.  Following the event, participants can build their network even more through following the speakers or organization on Twitter.  A follow-up tweet may include a summary of the event, a recording the organization releases from the event, or a post about it.   

Wrapping Up

If the event consists of a few people, hank the speaker and to say goodbye before you leave.  You may also mention one aspect that you especially liked about the presentation or that was new to you.  This is a polite way to leave the event and demonstrates your engagement.  If there is a conversation-starting after the event, either join the discussion or leave the call.  Depending on the conversation, say goodbye via microphone or use the chat for this purpose.  

After the Event

If you would like to keep in touch with one of the attendees or ask any follow-up questions, you can use the private chat to send them your contact details.  However, be careful with this regarding your privacy and information you give out since chats are often made visible to the organizer after the event.  If you do not want the host to see the information, use LinkedIn or email to reach out instead.   In your message to them, mention the event that you attended and a little background to your question to provide context to the speaker.  Mention what you liked about the event or about something they said, and thank them for taking the time to be part of or host the event.

Concluding Remarks 

The restrictions on in-person gatherings does not represent an end to professional networking.  Rather, it presents young professionals with new opportunities.  As always, being prepared for events and strategic in your choices can reap rewards.  

COVID-19 and International institutional cooperation

By: Editimfon Ikpat, Junior Research Associate, PILPG-NL

The COVID-19 pandemic, has stirred some heated debate amongst states over the manner in which the crisis is being handled. Heads of states have blamed their counterparts for not taking adequate steps to restrict the virus and for not revealing information that could have led to early detection.  In this regard there is a build up of an unpleasant atmosphere over COVID-19 in the international community.  This disagreement amongst world powers over the issue has caused the lack of a coordinated approach in dealing with the pandemic. However, United Nations’ agencies spearheaded by the World Health Organisation (WHO) have taken  a number of coordinated steps to alleviate the situation. In this light, this article aims to analyse the legal responsibility of states  to cooperate in these complicated times and highlights the effort of the UN agencies to alleviate the situation. 

International law and the duty to cooperate during emergencies

The duty for states to adopt a coordinated response to COVID-19 stems from Article 7 of  2016 International Law Commission Draft Articles on the Protection of Persons in the Event of Disaster. The Article provides for the duty of states to cooperate amongst each other and with international organisations in the time of disaster. Article 3 of the Draft Articles defines disaster as “a calamitous event or series of events resulting in widespread loss of life, great human suffering and distress thereby disrupting the functioning of the society”. In the literal interpretation of the text, and in light of the ongoing effect of COVID-19 on global society at large, the pandemic can be considered a disaster as per article 3 of the Draft Articles. 

Therefore, states have an obligation to collectively tackle the crisis, which experts believe is the way forward. While states have been reluctant to directly cooperate with each other in tackling the crisis, international organisations on the other hand have ramped up their efforts to provide assistance. These organizations, which are a result of multilateral treaties, regulate and enforce state cooperation in specific domains of international law, consequently, effecting structured  international cooperation.  

The role of International Organizations in the fight against COVID-19 

The advent of the COVID-19 pandemic has further mobilized  international institutions to facilitate cooperation in the face of the global crisis. The World Health Organization, (WHO) which is the focal organization in situations of public health emergency, has played a lead role among its member states in preparing for, responding to, and recovering from the pandemic. The WHO has facilitated the coordination of research by the public and private sectors on the virus, and the development of effective test-kits and vaccines. Also, due to the practical consequences of the pandemic in the economic and social dimensions, other international organizations have equally responded to the management of the crisis. This includes but is not limited to, the International Monetary Fund (IMF) and the World Bank, through which member states have sought to develop common approaches against economic fallout. The United Nations Refugee Agency whose objectives includes the provision of “shelter, food and medical care” for refugees, asylum-seekers, internally displaced and stateless persons has not only increased the scale of such provisions in the face of the ongoing pandemic, but is also working with governments to ensure that people forced to flee are included in the preparations and response plans of COVID-19. Also, the World Food Programme is working with the government of various countries in order to strengthen and expand their social protection programmes; sustain food production, trade, distribution, and consumption and support national health systems  in the wake of the pandemic.

The rise in cooperation between international organizations 

Furthermore, the cooperation between international organizations has also risenin response to the COVID-19 pandemic. The alignment of the WHO COVID-19 activities with the global mission of the United Nations Development Program (UNDP) has led to a collaboration between both entities. According to the UNDP administrator, the Program together with other UN organizations, are working on the priorities of inclusive of “supporting the health response including the procurement and supply of essential health products under WHO’s leadership”. 

Likewise, the WHO and the UN Refugee Agency signed a new agreement focused on strengthening and advancing public health services for forcibly displaced persons around the world. The WHO has also been in close collaboration with the World Tourism Organization (WTO) which has produced guiding principles ofsolidarity, and the responsibility of both the tourism sector and  individual tourists in controlling the spread and impact of COVID-19.Also, due to the interrelatedness of tourism and transportation, the WTO is also in collaboration with key stakeholders such as the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), and the International Air Transport Association (IATA) to ensure the coordination and consistency of tourism response to the pandemic.

The Food and Agriculture organization is equally in partnership with the WHO and the World Organization for Animal Health to deploy a One Health approach locally and globally, with a special focus on bolstering capacities where needed and protecting the most vulnerable communities. Setting up a global data facility – in close collaboration with key partners such as the World Food Programme (WFP), the global Food Security Cluster and the Global Network Against Food Crises Partnership Programme – to support analysis and inform assessments and programming in contexts already experiencing humanitarian crises and also in the furthering of research. Also the International Labour organization (ILO) together with the International Organisation of Employers (IOE), the International Trade Union Confederation (ITUC) and Industrial Global Union has developed a COVID-19 Action plan for the garment industry aimed at supporting garment manufacturers as well as protecting garment workers “income, health and employment” during the COVID-19 pandemic.

Concluding remarks

Restrictive measures and regulations have been put in place all around the world as a result of the global public health emergency. These restrictive measures included, amongst others, the unprecedented closing of borders and restriction of air-travel. The responses have been mostly state-centered despite the states’ obligations “cooperate  amongst each other and with international organisations in the time of disaster” and reflect upon a collective and durable solution for the crisis. However, international organizations have taken on this responsibility, and the pandemic revealed a seamless cooperation between otherwise autonomous international organizations.  As such this has led to international organizations taking the front seat in ensuring and protecting the human rights of those most vulnerable  in the face of unprecedented challenges posed by the global crises.