Impunity Watch: Special Features

Iran Human Rights Documentation Center

2009-10-29T15:43:50-04:00

The Iran Human Rights Documentation Center (IHRDC) seeks to establish a comprehensive and objective historical record of the human rights situation in Iran since the 1979 revolution, and on the basis of this record, establish responsibility for patterns of human rights abuses; make such record available in an archive that is accessible to the public for research and educational purposes; promote accountability, respect for human rights and the rule of law in Iran; and encourage an informed dialogue on the human rights situation in Iran among scholars and the general public in Iran and abroad.

The IHRDC believes that the development of an accountability movement and a culture of human rights in Iran are crucial to the long-term peace and security of the country and the Middle East region. As numerous examples have illustrated, the removal of an authoritarian regime does not necessarily lead to an improved human rights situation if institutions and civil society are weak, or if a culture of human rights and democratic governance has not been cultivated. By providing Iranians with comprehensive human rights reports, data about past and present human rights violations and information about international human rights standards, particularly the International Covenant on Civil and Political Rights, the IHRDC programs will strengthen Iranians’ ability to demand accountability, reform public institutions, and promote transparency and respect for human rights. Encouraging a culture of human rights within Iranian society as a whole will allow political and legal reforms to have real and lasting weight.

In September 2009, IHRDC released its report entitled Forced Confessions: Targeting Iran’s Cyber-Journalists. The report compiles witness statements of three Iranian cyber-journalists and bloggers who were arrested and detained by the Iranian government in 2004 and 2005. The witness statements are the results of interviews conducted by IHRDC staff in 2008 and 2009. Currently, IHRDC is in the process of preparing another report compiling witness statements. These statements detail the experiences of several political prisoners who survived the Islamic Republic’s summary execution of thousands of prisoners during the summer of 1988. The statements are being prepared pursuant to in-person and telephonic interviews conducted with survivors.

IHRDC also publishes a newsletter. The September 2009 issue contains articles on:
1. Sentencing in Post-Election
2. TrialsUniversity Protests Continue
4. New Head of the Basij Appointed
5. Another Juvenile Executed
6. Karrubi in Danger of Being Arrested
7. IHRDC Co-Sponsors Panel on Iran

For additional information, please visit the Iran Human Rights Documentation Center website.

ABA Releases Report on Exploring Counterterrorism Detention Alternatives

2009-10-01T23:59:29-04:00

By Mario A. Flores
Special Features Editor, Impunity Watch Journal

WASHINGTON, D.C. – In June of this year, the American Bar Association Standing Committee on Law and National Security brought together a group of legal experts, scholars and practitioners in the field of national security law for a day-long workshop on “Exploring Counterterrorism Detention Alternatives.” The workshop focused on whether new or different detention authority is necessary and wise for effective counterterrorism policy.

This is the third workshop that the ABA has sponsored as part of their series “Due Process and Terrorism.” The workshop that initiated the series was held in October 2007. The next one was in April of this year and focused on "Trying Terrorists in Article III Courts."

The ABA then releases post-workshop reports that compile the insights and experiences of the expert practitioners and scholars who participate in the discussions.

To read the reports, please click on the following links:

Exploring Counterterrorism Detention Alternatives - September 2009

Trying Terrorists in Article III Courts - July 2009

Due Process and Terrorism - November 2007

UN Report Finds War Crimes in Gaza Conflict

2009-09-21T19:49:52-04:00

By Mario A. Flores
Special Features Editor, Impunity Watch Journal

New York, United States - Justice Richard Goldstone, Head of the United Nations Fact-Finding Mission on the Gaza Conflict, concluded Tuesday that both sides in the Israeli-Palestinian conflict in Gaza committed war crimes and possible crimes against humanity, raising the prospect that officials may seek persecution in the International Criminal Court.

From December 27, 2008 to January 18, 2009, the Israeli army launched a major ground offensive in the Gaza Strip, called Operation Cast Lead in response to Hamas rocket attacks on the Israeli town of Sderot. Goldstone's report found that Israel's use of disproportionate force in Gaza resulted in the death of about 1,400 Palestinians, of which 926 were civilians including 313 children and 116 women. On the Israeli side, 13 people were killed, including 3 civilians.

The report also described the firing of rockets by Hamas at Israeli towns and villages as a war crime.

The Golstone Report proposed a series of non-binding recommendations to Israel and the Palestinians, such as:

1. Recommendations to Israel:

a. Israel should immediately cease the border closures and restrictions of passage through border crossings and allow passage of goods into Gaza.

b. Israel should cease restrictions on sea access for Palestinian fishermen and allow fishing activities within 20 nautical miles of shore.

c. Israel should review the rules of engagement, standard operating procedures and open fire regulations. It should avail itself of international and local experts, including the International Committee of the Red Cross, to ensure compliance with international law.

d. Israel should allow freedom of movement for Palestinians within the territories and between Gaza and the West Bank.

e. Israel should release prisoners detained in connection with the occupation.

f. Israel should stop interfering with national political processes in the territories.

g. Israel should cease actions inside Israel aimed at limiting criticism by the public concerning Israeli policy and military operations in Gaza.

h. The government should refrain from acts of reprisal against Israelis and Palestinians who testified before the committee.

i. Israel should reiterate its commitment not to harm UN premises and personnel.

2. Recommendations to Palestinian armed groups:

a. Palestinian armed groups should respect international law.

b. The groups holding Gilad Schalit should release him or at least recognize his status as a POW.

3. To responsible Palestinian Authorities (PA):

a. The PA should instruct security forces under its command to abide by human rights norms and investigate all allegations of serious human rights violations.

b. The PA and Gaza authorities should immediately release all political detainees.

c. The PA and Gaza authorities should continue to enable free and independent operation of NGOs.

For additional information, please see:

The New York Times - U.N. Study Is Called Unfair to Israel - 18 September 2009

The Examiner - War crimes: Goldstone led UN commission critical of Israel - 20 September 2009

ABC News - Both sides culpable in Gaza War: UN report - 16 September 2009

Prosecuting Israel for War Crimes

2009-09-16T22:17:26-04:00

Deputy Prosecutor of Int'l Criminal Court discusses the Palestinian Authority appeal to join the court.

Lia Tarachansky speaks to Fatou Bensouda, the Deputy Prosecutor of the International Criminal Court (ICC) about the Palestinian Authority's appeal to join the group of nations over which the court has jurisdiction. Bensouda says that before the ICC can investigate the perpetration of war crimes during Israel's recent attack on Gaza, the court would have to rule on whether it has jurisdiction in the Palestinian Territories. For that, there would have to be clear borders identified, a task the UN would have to take on. Once the court rules on jurisdiction it would be able to prosecute anyone who committed war crimes, crimes against humanity, or genocide within the territory, even if (such as in the case of Israel) the perpetrator is not part of the International Court.

Fatou Bensouda was elected in 2004 to the post of Deputy Prosecutor by the Assembly of State Parties of the International Criminal Court. She is in charge of the Prosecution Division of the Office of the Prosecutor. Prior to joining the International Criminal Court, Bensouda served as the Senior Legal Advisor and Head of The Legal Advisory Unit at the International Criminal Tribunal for Rwanda. Before that, she was the Minister of Justice of The Gambia.

IHRDC Releases Report: Forced Confessions: Targeting Iran's Cyber-Journalists

2009-09-16T22:05:34-04:00

Press Release - September 14, 2009

CONNECTICUT, United States - The Iran Human Rights Documentation Center (IHRDC) today published witness statements by three Iranian bloggers and cyber-journalists who were arrested and detained by the Iranian government in 2004 and 2005. The witness statements are the results of interviews conducted by IHRDC staff in 2008 and 2009.

Two of the journalists—Roozbeh Mirebrahimi and Omid Memarian—were active cyber-journalists residing in and around Tehran at the time of their arrests. The third witness—Arash Sigarchi—was the Editor-in-Chief of Gilan-e Emrooz in the northern Iranian city of Rasht. They were charged with (and convicted of) moral, press, and national security crimes. The statements, published under the title, Forced Confessions: Targeting Iran’s Cyber-Journalists, describe, in detail, the journalists’ arrests, detention, torture, forced confessions and eventual convictions.

The experiences of these journalists are not unique. In conjunction with the IHRDC reports Ctrl+Al+Delete: Iran’s Response to the Internet (May 2009) and Covert Terror: Iran’s Parallel Intelligence Apparatus (April 2009), these statements expose a network of Iranian government actors—including members of the security and parallel intelligence forces, the Judiciary, and state-run media outlets such as Kayhan newspaper and the Islamic Republic of Iran Broadcasting—responsible for silencing voices of dissent in cyberspace.

Their experiences are also particularly relevant at this time. In an apparent effort to crush any expression of dissent or even disagreement following the disputed presidential election on June 12, the Islamic Republic continues to shut down newspapers, arrest, detain and torture editors and journalists, and arrest and charge Iranian bloggers with crimes such as using the internet to organize demonstrations.

IHRDC continues to call on the United Nations to investigate these and other human rights violations committed by the Iranian government.

IHRDC is a nonprofit organization based in New Haven, Connecticut that was founded in 2004 by a group of human rights scholars, activists, and historians. Its staff of human rights lawyers and researchers produce comprehensive and detailed reports on the human rights situation in Iran since the 1979 revolution. The Center’s goal is to encourage an informed dialogue among scholars and the general public in both Iran and abroad. The human rights reports and an archive of documents are available to the public for research and educational purposes on the Center’s website.

For further information, please contact:

Renee C. Redman, IHRDC Executive Director, (203) 772-2218 Ext. 215

Case Western Reserve University School of Law War Crimes Prosecution Watch

2009-09-16T21:36:14-04:00

War Crimes Prosecution Watch is prepared by the International Justice Practice of the Public International Law & Policy Group and the Frederick K. Cox International Law Center of Case Western Reserve University School of Law.

Volume 4, Issue 12 – September 14, 2009

On Wednesday, September 9, 2009, the Case Western Reserve University School of Law honored the memory of professor and former Nuremberg prosecutor Henry T. King, Jr. (1919-2009).

Please visit http://law.case.edu/lectures/index.asp?lec_id=214 to learn about Professor King and to view the webcast of the memorial honoring his legacy and achievements.

AFRICA

International Criminal Court

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo (ICC)

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

Truth and Reconciliation Commission of Liberia

Uganda (Truth & Reconciliation & Domestic Prosecutions / Non-ICC)

Monitor Online: ‘Strong leaders will stop Acholi land grabbers’

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraqi High Tribunal

Special Tribunal for Lebanon

NORTH AND SOUTH AMERICA

United States

REPORTS

UN Reports

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War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. If you do not want to receive future issues of War Crimes Prosecution Watch, please email warcrimeswatch@pilpg.org and type “unsubscribe” in the subject line.

Chautauqua Declaration

2009-09-05T14:15:49-04:00

The issuance of the Chautauqua Declaration marked the culmination of the proceedings of the 3rd Annual International Humanitarian Law Dialogs held on August 31 - September 1, 2009. The subject was titled: "Honoring Women in International Criminal Law: From Nuremberg to the ICC (International Criminal Court)". For further information on the Chautauqua Declaration, please visit www.roberthjackson.org.

Press Release: Iran Human Rights Documentation Center Releases Report on Iran's 1988 Massacre of Thousands of Political Prisoners

2009-08-29T15:57:13-04:00

FOR IMMEDIATE RELEASE
August 27, 2009

NEW HAVEN, CONNECTICUT - The Iran Human Rights Documentation Center (IHRDC) today released a report documenting and analyzing the Iranian government’s massacre of political prisoners during the summer of 1988. Much of the material presented in the report, Deadly Fatwa: Iran’s 1988 Massacre, is the result of interviews conducted by IHRDC with survivors and family members of victims.

In late July 1988, pursuant to a fatwa issued by then-Supreme Leader Ayatollah Khomeini, the Iranian government began systematically interrogating, torturing and summarily executing thousands of political prisoners. The interrogations of prisoners who supported leftist parties began twenty-one years ago today. Although the exact number of victims is not known, thousands of prisoners were tortured and executed over the course of only a few months.

The victims included prisoners who had served their sentences but had refused to recant their political beliefs, prisoners who were serving sentences of imprisonment, people who had been detained for lengthy periods but had not been convicted, and former prisoners who were rearrested. Many families were never informed about the executions and many of the victims were buried in unmarked mass graves. Families who received the remains of their loved ones were not allowed to hold funeral services and, to this day, are forbidden from mourning their loss. The government recently bulldozed a mass grave site at Khavaran Cemetery in Tehran .

The Iranian government has never identified those who were secretly executed and tortured, and has never issued an explanation for this crime. However, many of the men who were responsible for the massacre continue to hold positions of power in the Iranian government.

Deadly Fatwa: Iran ’s 1988 Massacre, is available in English on IHRDC’s website www.iranhrdc.org. A Persian translation of the report will be available this fall.

IHRDC is a nonprofit organization based in New Haven , Connecticut that was founded in 2004 by a group of human rights scholars, activists, and historians. Its staff of human rights lawyers and researchers produce comprehensive and detailed reports on the human rights situation in Iran since the 1979 revolution. The Center’s goal is to encourage an informed dialogue among scholars and the general public in both Iran and abroad. The human rights reports and a database of documents relating to human rights in Iran are available to the public for research and educational purposes on the Center’s website.

For further information, please contact:

Renee C. Redman, IHRDC Executive Director, (203) 772-2218 Ext. 215 rredman@iranhrdc.org

Call for Papers for the 2010 Lieber Society Military Prize

2009-08-18T17:12:54-04:00

The Lieber Society, an Interest Group of the American Society of International Law, bestows each year, without regard to nationality, a prize for an exceptional writing that enhances understanding of the law of war by a person serving in the regular or reserve armed forces of any nation.

The Prize. The winner will receive a certificate confirming that he or she has won the 2010 Lieber Society Military Prize, $500.00, and a one-year membership to the American Society of International Law (ASIL). The judges may also select two additional persons to receive Lieber Society Certificates of Merit.

Request for Assistance. Any person receiving this Call for Papers who is aware of an exceptional writing that meets the qualifications of this competition is requested to nominate the paper directly to the Lieber Society and forward this Call to the author of that paper.

Definition of the Law of War. For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any aspect of the law of war, including, but not limited to: the use of force in international law, the conduct of hostilities during international and non-international armed conflicts, protected persons and protected objects, the law of weapons, rules of engagement, treatment of detainees, to include interrogation procedures, and occupation law. Papers addressing practical problems confronting members of armed forces are preferred.

Qualifications for entering the competition. Persons submitting papers do not have to be ASIL members. They may be citizens of any nation, but they must be a member of their nation’s regular or reserve armed forces.

Papers that may be entered. Papers submitted in this competition must be in English (or translated into English if written in another language) and not more than 35 pages long if printed with single line spacing or 70 pages if written with double line spacing. Both papers that have been published and papers that have not been published will be considered for the Prize.

Required Contact Data. All submissions must contain the following data on the author of the paper: full name and rank or rating, current postal and e-mail addresses, current telephone and fax numbers. If a person other than the author is making the submission, it must also contain the above data for the person submitting the paper.

Deadline for submitting papers. Papers for the 2010 competition must be received no later than Friday, January 2, 2010.

Use of email to submit papers. Electronic submissions in Adobe format (.pdf) or Microsoft Word (.doc) will be accepted. They should be sent to ejensen3@law.fordham.edu

Use of the postal system to submit papers. Submissions by postal mail must be sent to:

Eric Talbot Jensen
6322 Hillsborough Drive
Falls Church, VA 22044

If the postal system is used, two copies of the paper must be submitted.

Acknowledgement of submissions. All submissions will be acknowledged by e-mail.

Announcement of winner. The winner and any persons receiving Certificates of Merit will be announced at the 2010 Annual Meeting of the American Society of International Law in Washington, DC, March 2010.

IW Essay Contest Winner

2009-08-18T17:08:41-04:00

Reaching out to the World

By Sarah Owen, student
Springville-GI High School, Springvillle, New York

    During World War Two, the German people were led astray by a man named Hitler and his idea of an ideal world. When he came to power in 1933, he used Anti-Semitism, scapegoats, propaganda, fascism, and outright lies in an attempt to create the perfect Aryan society, leading to what we know today as the Holocaust.
    Nazi-controlled Europe was a terrible time, filled with hatred, confusion, and murder. When the world discovered the evils that the Germans had been practicing; it jumped to its feet, promising ‘Never Again!’   Unfortunately though—as well meaning as this was—genocide still continues in our world today. In the country of Sudan lies a place called Darfur, where the government is committing mass atrocities on its people, raping their women and girls, killing men, women, and children, and ignoring their desperate cries for help.
    This connection was made more personal to me while doing further research about the Holocaust, its survivors, and its victims. In doing so, I came across Rutka Laskier, a 14 year old Polish Jew, and the story of her diary. In an instant, the full impact of the Holocaust finally hit me: my heart felt heavy and hurt. With my newfound Rutka and her story, I asked myself what I could do in the world today… and I was surprised with what I came up with.
    Being a teenager in a small town angered me at first- I’m just a regular kid- how can my input change the world? But, suddenly, as if Rutka told me herself, I realized I was wrong- for I realized that arming a 14 year old with a laptop, or pencil and paper, or even the same determination and care that I have right now can oftentimes do a lot more than an adult giving a speech.
    In fact, there are so many little things students can do to help - starting with submitting articles to local newspapers, starting up websites, posting on blogs, making YouTube videos, using Twitter, Facebook, MySpace, or simply spreading the word. On a larger scale, we can help build schools in Africa and the developing world, as my school has done in Sierra Leone. Education prevents violence, disease, and helps so many minds to grow and prosper that may otherwise never get the chance!
    Darfur desperately needs our help- they’ve been reaching out, and now it’s time for us to grasp their hands and help them to their feet again. After all, as citizens of the world, by standing by and watching evil unfold, doesn’t that make us guilty as well?    It is my hope that every American- no matter of their age, race, gender, or class- can reach out and end the prejudices and discrimination we have in our world.   In doing so, Rutka wouldn’t have died in complete vain; her legacy will live on, and her words may continue to touch the world.