UN REPORTS POINT TO POSSIBLE WAR CRIMES IN EASTERN DR CONGO

With two new United Nations reports detailing human rights abuses – including possible war crimes – carried out by both Government forces and rebels in the volatile far east of the Democratic Republic of the Congo (DRC), the world body's top rights official today stressed the urgent need for reforming the country's security and judicial systems.

Fundamental improvements in these sectors "are of paramount importance if both the authorities and the international community are serious about bringing lasting peace to eastern DRC," High Commissioner Navi Pillay said.

The new publications are a joint effort of the UN peacekeeping mission in the DRC (<"http://monuc.unmissions.org/">MONUC) and the Office of the UN High Commissioner for Human Rights (<"http://www.ohchr.org/EN/Pages/WelcomePage.aspx">OHCHR), and cover the period in late 2008 when heavy fighting engulfed North and South Kivu provinces.

One <"http://www.ohchr.org/Documents/Countries/Goma_KanyabayongaRapport_Septembre_2009.pdf">report focuses on the actions of Government troops, known by the acronym FARDC, some of whom took part in 12 arbitrary killings, as well as looting and sexual violence, of the very people they were supposed to protect in the North Kivu provincial capital, Goma, and surrounding areas as they fled advancing forces from the mainly Tutsi rebel group known as the National Congress for People's Defence (CNDP).

"As human rights violations by the FARDC are so significant, failure at the political and operational levels to act to remedy the situation in and of itself constitutes a serious human rights violation," the publication said.

The Government must take immediate and strong action on the violations committed by the Congolese armed forces, it emphasized. "Without profound change in the FARDC, the international community may be perceived as contributing to human rights violations as opposed to effectively supporting the desired change and this perception might affect its support to FARDC."

Despite some positive changes in FARDC's command structures in the wake of the Goma rampage, soldiers who committed these crimes remain in the area, according to local people.

The High Commissioner characterized the judicial response to the violations by the FARDC as "wholly insufficient."

She added that "that has, unfortunately, generally been the case since the [civil] war officially ended in 2002, and is one of the reasons why progress on the human rights front since then has been so deeply unsatisfactory."

The other <"http://www.ohchr.org/Documents/Countries/Kiwanja_Report_September2009.pdf">report highlights the rights violations committed by the CNDP, including at least 67 cases of arbitrary executions, during the 5 November 2008 killings in Kiwanja, North Kivu.

Following intense fighting between the CNDP and the Mayi Mayi militia, the CNDP carried out reprisal killings of villagers, mostly young men suspected of being members or collaborators of the Mayi Mayi.

"The fact that killings took place simultaneously in several different areas of Kiwanja and that they were preceded, days before the events, by public warnings by CNDP authorities that in case of a Mayi Mayi attack, the population would be held responsible may suggest that, at least to a certain extent, the 'opération ratissage' was retaliatory in nature and ordered and condoned by the command of the CNDP," the report found.

It also noted that in the aftermath of the attacks, MONUC was strongly criticized for not having protected civilians.

Not only is additional training of military personnel in peacekeeping operations necessary, the report said, but also, "the formulation of clearer criteria for exactly when peacekeepers are to intervene in order to protect civilians must take into account both the need for peacekeepers to possess knowledge of the dangers faced by civilians in a given situation, and the capacity of peacekeepers to make a positive difference in that situation."

Ms. Pillay pointed out that the CNDP's actions could amount to war crimes or crimes against humanity and "are part of a self-perpetuating pattern of brutality in eastern DRC which continues to go largely unpunished.

"I am deeply concerned that members of the CNDP who may be implicated in these crimes – especially Bosco Ntaganda, against whom there was already an International Criminal Court arrest warrant – are either still at large, or have even been absorbed into the FARDC."

Laurent Nkunda, who led the CNDP at the time of the Kiwanja attacks, was taken into custody this January.

The High Commissioner voiced hope that the announcement of a zero-tolerance policy on sexual violence by the Government will be followed by "concrete and immediate action to hold perpetrators accountable, particularly since sexual violence continues to take place on a daily basis."

ICC Prosecutor: Releasing Jean-Pierre Bemba would be an Error in Law

The Hague, 25 August 2009

ICC-OTP-20090825-PR445

Situation: Central African Republic
Case: The Prosecutor v. Jean Pierre Bemba Gombo

Jean-Pierre Bemba should remain in custody to the end of his trial, ICC Prosecutor Luis Moreno-Ocampo stated in a filing presented to the Appeals Chamber. The ICC Prosecutor appealed the decision of the single judge on interim release as soon as it was rendered. Yesterday, the Prosecutor made known his arguments in support of Mr. Bemba’s continued detention.

The Prosecutor said that contrary to the Single Judge’s conclusions, there has been no change of circumstances in the present case. Most of the circumstances cited are pre-existing and have been cited previously by the same judge as either grounds for continued detention or irrelevant to an application for release. The only significant intervening factor, the issuance of the decision confirming the charges against the Accused, confirms and increases the risks posed by the Accused if released. The Single Judge’s decision is thus error.

The pending charges may result in conviction with an overall lengthy sentence. All prior decisions, including the Appeals Chamber’s decision denying Bemba’s release, noted that the gravity of the charges - crimes against humanity and war crimes - make “the risk of [the Accused] absconding […] more likely”. The Chamber confirmed those charges. The Accused is now closer to trial and, if convicted, subject to a potentially lengthy sentence. The confirmation decision increases the incentive to flee and to obstruct the prosecution. It also increases the capacity to harm witnesses, since the Accused knows the identity of the witnesses and will continue to discover essential prosecution evidence.

Prosecutor Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba’s release while it is under consideration by the Appeals Chamber.

“Mr. Bemba is still presumed innocent but must stay in the detention centre .We will do all we can to ensure he stands trial as soon as possible and that victims see justice done” said the Prosecutor.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

FORMER CONGOLESE LEADER FACING TRIAL SHOULD REMAIN IN ICC CUSTODY – PROSECUTOR

Jean-Pierre Bemba Gombo should remain in the custody of the International Criminal Court (ICC) until the start of his trial for war crimes and crimes against humanity, the Court's Prosecutor stated as he appealed the decision to the former Congolese leader a temporary release.

On 14 August, the Court decided to grant Mr. Bemba's the request for interim release, albeit under conditions. The former vice-president of the Democratic Republic of the Congo (DRC) faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, a date for which has not yet been set.

Prosecutor Luis Moreno-Ocampo stated in his filing to the Appeals Chamber that Mr. Bemba is a flight risk and may harm witnesses involved in his trial, according to a news release issued by the ICC, which is based in The Hague.

Mr. Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba's release while it is under consideration by the Appeals Chamber.

"Mr. Bemba is still presumed innocent but must stay in the detention centre. We will do all we can to ensure he stands trial as soon as possible and that victims see justice done," said the Prosecutor.

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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ICC Prosecutor: No Temporary Release for Jean-Pierre Bemba

International Criminal Court Prosecutor Luis Moreno-Ocampo will today appeal the decision by Pre-Trial Chamber II to grant Jean-Pierre Bemba conditional release until his trial. The Prosecution “considers that Mr. Bemba, who is still physically in detention in The Hague , should stay in prison. The Appeals Chamber will review whether the decision to release Mr. Bemba is correct”.

On August 24, the Prosecution’s arguments will be presented.
Additionally, there is no prospect of immediate release. At this stage, States identified by the Defence as potential hosts have expressed objections or concerns about accepting Mr Bemba on their territory for this interim period.

“The judges of the ICC have confirmed that Mr. Bemba must stand trial to answer the very serious charges that have been brought against him” said the Prosecutor. “Victims and witnesses can be confident that the trial will take place in the near future and that the Court will continue to guarantee their safety”.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

Aegis calls on Govt to adopt Parliament's recommendations on 'impunity gap' for genocide suspects in UK

In a report released today, the Parliamentary Joint Select Committee on Human Rights says inconsistencies in the way the UK applies international law have created an “impunity gap” for perpetrators of genocide, war crimes and crimes against humanity. It commends the Government's recent decision to amend to legislation to partially address the problem, but calls for it to close remaining loopholes in the law and to re-establish a specialist war crimes unit to investigate people in the UK who are suspected of such offences.

Under the law as it stands, no-one in the UK can be prosecuted for war crimes in internal armed conflicts, genocide or crimes against humanity committed before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

The Aegis Trust worked with MPs and Lord Carlile QC, Lord Falconer QC and Baroness D’Souza to prepare amendments to the Coroners and Criminal Justice Bill which would have closed these loopholes. Tabled in the House of Lords, they triggered the Government’s decision last month to extend jurisdiction of UK courts to prosecute international crimes as far back as 1991.

As the Committee points out, however, this only takes jurisdiction back to the date on which Crimes Against Humanity became recognised as crimes in international law. It argues for jurisdiction on genocide and war crimes in internal armed conflicts to be extended back to the dates on which they were recognised in international law (e.g. 1948 for genocide).

The Committee also supports Aegis’ call for replacement of the ‘residence’ test with a simple ‘presence’ test, so that anyone present on UK soil could be subject to jurisdiction on international crimes, not only those who are legally resident. This is the test used by other common law countries such as Canada, the US, New Zealand, South Africa.

“The Aegis Trust is delighted that the Joint Committee on Human Rights has adopted all of our recommendations for strengthening UK law in this area,” says Aegis’ Head of Campaigns Nick Donovan, whose evidence is quoted in the Committee’s report. “We too commend the Government for the bold progress made last month, and call on it to finish the job by closing remaining legal loopholes which benefit suspected war criminals in the UK.”

In June Aegis published a report that brought together, for the first time, details of people entering the UK who are suspected of international crimes. The report examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

The Joint Committee’s report comes at a time when the workload of the UK Border Agency’s war crimes team is increasing. Several weeks ago, the Government revealed that in the first six months of 2009, recommendations of immigration status refusal following investigation were up four-fold on the preceding four years. Since 2004, there have been 421 cases where immigration action was recommended and 30 cases where the matter was referred was made to the police. How many of these people are currently at large in the UK is unclear.

BAN OUTLINES STEPS TO TURN PROMISE OF ‘RESPONSIBILITY TO PROTECT’ INTO PRACTICE

Secretary-General Ban Ki-moon today outlined a series of measures designed to prevent genocide, war crimes, ethnic cleansing, and related crimes against humanity, stressing "it is high time to turn the promise of the responsibility to protect into practice."

Agreed to by world leaders in 2005, the 'responsibility to protect' – sometimes known as 'R2P' – holds States responsible for shielding their own populations from genocide and other major human rights abuses and requires the international community to step in if this obligation is not met.

"This universal and irrevocable commitment was made at the highest level, without contradiction or challenge. Our common task now is to deliver on this historic pledge to the peoples of the world," Mr. Ban told the General Assembly, as he presented his latest report on the issue.

The proposals contained in the report, which the 192-member Assembly will consider tomorrow, rest on three pillars: State responsibility; international assistance and capacity-building; and timely and decisive response.

"First, the report seeks to situate the responsibility to protect squarely under the UN's roof and within our Charter, where it belongs," said Mr. Ban. "By developing fully UN strategies, standards, and processes for implementing the responsibility to protect, we can discourage States or groups of States from misusing these principles for inappropriate purposes."

The report also asserts that prevention should be "job number one," and offers a "balanced and nuanced" approach to prevention and protection that utilizes the full inventory of tools available to the UN and its partners, he stated.

In addition, the report proposes engaging Member States in a discussion about how to sharpen UN capacities for early warning and assessment. "When prevention fails, the United Nations needs to pursue an early and flexible response tailored to the circumstances of each case," said the Secretary-General. "Military action is a measure of last, not first, resort and should only be undertaken in accordance with the provisions of the Charter."

Lastly, the report seeks to encourage each of the UN's principal organs to play its distinct and appropriate role under the Charter in developing and implementing the responsibility to protect.

Mr. Ban asked States to let the Assembly do what it does best: to provide the venue for a continuing search for common ground on a multilateral strategy to protect the world's people from what he described as "massive affronts to human dignity."

He also urged that the victims of such atrocities and crimes, who number in the millions, not be forgotten. "Those losses have permanently stained the history of the 20th century. Together, in this century, we can chart a different course," he stated.

"Never forget, too, the complacency and cynicism that often prevented this Organization from acting as early or as effectively as it should have," he added. "Our publics judged us then, and found us wanting. They will be watching again this week, and they will – rightfully – judge us harshly if we treat these deliberations as politics as usual."
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MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC

MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC
New York, Jul 17 2009 1:00PM
The creation of the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC/Home">ICC) and its achievements to date are vital to ensuring justice for millions around the world, but much more work remains to be done to advance this noble ideal, according to the head of the landmark institution that was established 11 years ago today.

"Where national courts are unwilling or unable to act, the ICC can play a crucial role in delivering justice for victims, in sending a message of deterrence to potential criminals and in contributing thereby to the re-establishment of peace and the rule of law," the Presidency of the Court said in a <"http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/17_07">statement issued for International Justice Day, observed on 17 July.

Based in The Hague, Netherlands, the ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes. It is based on a treaty known as the Rome Statute, of which 109 countries are now States Parties.

The statement noted that the creation of the ICC was a "small but significant" step towards the realization of the vision of a world in which peace and justice prevail in accordance with the rule of law.

Since its creation, the Court has been investigating four situations – the Democratic Republic of the Congo (DRC), northern Uganda, the Darfur region of Sudan, and the Central African Republic (CAR). Each one has been referred to it by the country concerned or by the United Nations Security Council, and the first trial began in January.

Other situations under analysis by the Office of the Prosecutor include Colombia, Afghanistan, Chad, Kenya and Côte d'Ivoire.

"The creation and early achievements of the ICC are only a beginning," the statement noted. "Much more remains to be done to advance the cause of international justice."

This includes strengthening the capacity of national courts to investigate and prosecute serious crimes, and the enforcement of decisions of the ICC or other courts.

"Adherence to and respect for the rule of law must become the norm and not the exception. The ideal of a world governed through law is what motivated the establishment of the ICC, it is what we celebrate today, and it is our aim for the future," added the statement.

The President of the Court is Judge Sang-Hyun Song (Republic of Korea), and its Chief Prosecutor is Luis Moreno-Ocampo (Argentina).

Ambassador Christian Wenaweser of Liechtenstein, who serves as President of the Assembly of States Parties of the ICC, noted that the goal has been, and remains, universal membership in the Court.

"That means that all Member States of the United Nations will become States parties to the Rome Statute," he told a news conference in New York, adding that the expected ratification of the Statute on 21 July by the Czech Republic will bring the number of parties to 110.

Mr. Wenaweser also reminded States of their obligation to cooperate with the Court, particularly in the area of arrests of indictees-at-large, such as Joseph Kony, the leader of the notorious Ugandan rebel group known as the Lord's Resistance Army (LRA).
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REPORTS FROM SOMALIA SUGGEST POSSIBLE WAR CRIMES, SAYS UN HUMAN RIGHTS CHIEF

It is clear that grave violations of international human rights and humanitarian law – possibly amounting to war crimes – are being committed in strife-torn Somalia, a top United Nations official said today.

Despite the signing of a peace accord last year and the formation of a new government this past February, ongoing violence has caused enormous suffering and massive displacement in the Horn of Africa nation.

More than 200,000 people have been forced to flee the capital, Mogadishu, since the latest round of fighting began in early May between the Government and the Al-Shabab and Hisb-ul-Islam groups.

"In this new wave of attacks, it is clear that civilians – especially women and children – are bearing the brunt of the violence," UN High Commissioner for Human Rights Navi Pillay said, noting that attacks against civilians have been one of the main features of the conflicts that have engulfed the country since 1991.

"There needs to be a much greater effort to protect civilians. Displaced people and human rights defenders, aid workers and journalists are among those most exposed, and in some cases are being directly targeted," she added.

UN investigators who spoke with refugees and internally displaced persons (IDPs) that fled the recent surge in fighting were told that the Al-Shabab groups have carried out extrajudicial executions, planted mines, bombs and other explosive devices in civilian areas, and used civilians as human shields, according to a news release from the High Commissioner's office (OHCHR).

In addition, fighters from both sides are reported to have used torture, and fired mortars indiscriminately into areas populated or frequented by civilians. There has also been increasing evidence of child recruitment by various forces.

"Some of these acts might amount to war crimes," Ms. Pillay said.

She added that the work of human rights defenders and journalists in Mogadishu has become "extremely precarious," with six journalists having been killed in Mogadishu – four of them apparently victims of target assassinations – since the beginning of the year.

"It is vital that the fighting and violence stop as soon as possible," the High Commissioner said, adding that once order has been restored, those responsible for human rights violations and abuses should be brought to justice.

"The gathering of evidence, by all who are in a position to do so, has to continue so that those committing these terrible crimes in Somalia will one day receive their due punishment before a court of law, and their victims will finally see justice being done," she stated.

Meanwhile, in response to the displacement crisis facing many civilians from Mogadishu, the UN Children's Fund (UNICEF) and its partners are working to address the needs of those uprooted from their homes.

They are distributing emergency supplies, including plastic sheets, blankets, jerry cans, soap and mosquito nets, for over 6,000 households – about 47,000 people – in and around Mogadishu.

The majority of the displaced persons have moved to the Afgooye corridor, a stretch of very densely populated displacement settlements, which is already hosting about 400,000 people.
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DATE SET FOR FORMER LIBERIAN PRESIDENT CHARLES TAYLOR’S DEFENCE AT UN-BACKED TRIAL

The United Nations-backed Special Court for Sierra Leone today announced that lawyers for the former President of Liberia, Charles Taylor, will begin their defence against charges of war crimes and crimes against humanity on 13 July.

Mr. Taylor's lawyers will make their opening arguments on that day in The Hague, where the Court is based, and the preparatory hearing is slated for 6 July. In 2006, the Security Council authorized the trial to be held in the Netherlands, instead of its usual venue in Sierra Leone's capital, Freetown, citing security reasons.

The Prosecution rested its case against Mr. Taylor in February after presenting 91 witnesses to provide testimony.

The former President has pleaded not guilty to the 11 counts of war crimes and crimes against humanity, which include pillage, slavery for forced marriage purposes, collective punishment, and the recruitment and use of child soldiers.

The charges relate to his alleged support for two rebel groups in neighbouring Sierra Leone, the Armed Forces Revolutionary Council and the Revolutionary United Front, during that country's civil war from 1996 to 2002.

The Special Court for Sierra Leone was established in January 2002 through an agreement between Sierra Leone's Government and the UN. It cannot impose a life sentence, but it has already sentenced two defendants in another case to 50 years in jail. Britain has said it would be willing to imprison Mr. Taylor if he is found guilty.
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DR Congo: Hold Army to Account for War Crimes

UN Security Council Should Demand Government Hold Soldiers Responsible

May 19, 2009

(New York) - The United Nations Security Council, visiting the Democratic Republic of Congo today, should vigorously condemn war crimes by Congolese army soldiers in the eastern part of the country, Human Rights Watch said.

Human Rights Watch urged the Security Council to condition UN support for Congolese military operations on the removal of known human rights abusers from command positions.

"The Congolese army is responsible for widespread and vicious abuses against its own people that amount to war crimes," said Anneke Van Woudenberg, senior researcher in the Africa division at Human Rights Watch. "The government should take urgent action to end these abuses. A military operation that targets the very people the government claims to be protecting can only lead to disaster."

Since late January 2009, soldiers from the Congolese armed forces, the FARDC, on military operations in eastern Congo, have attacked villages and killed at least 19 civilians in North Kivu province, including two women and two elderly men. Army soldiers have also raped more than 143 women and girls in the same period, more than half of the 250 cases of rape documented by Human Rights Watch. Some women were taken as sex slaves by soldiers and held within military positions.

In at least 12 villages in North Kivu province, including Miriki, Bushalingwa, and Kishonja in Lubero and Walikale territories, soldiers burned to the ground hundreds of homes and numerous schools and health centers. They pillaged and looted homes, and arbitrarily arrested at least 85 persons whom they accused of supporting rebel forces. Many of these people have been held without charge, subjected to beatings, and often released only after significant sums were paid. Civilians told Human Rights Watch researchers that they feared army soldiers as much as the Rwandan militias the army is supposed to be neutralizing.

In mid-January, the Congolese army began a joint military operation with the Rwandan armed forces against Rwandan militia groups, the Rally for Unity and Democracy (RUD) and the Democratic Forces for the Liberation of Rwanda (FDLR), some of whose leadership participated in the Rwandan genocide in 1994. The operation "Umojo Wetu" ("Our Unity") followed a rapprochement between the two countries and the demise of a Rwandan-backed Congolese rebel group, the National Congress for the Defense of the People (CNDP), which gave up its struggle against the Congolese government and joined the operation.

During a rapid integration process, at least 12,000 combatants from the CNDP and other rebel groups who agreed to join the military operations entered the Congolese army ranks. The integration has swollen the army's numbers in eastern Congo to an estimated 60,000 soldiers, exacerbating problems of discipline, pay, and command control that have plagued it for many years.

Operation Umojo Wetu ended in late February, when Rwandan soldiers left eastern Congo following an agreement that the Congolese army would continue military operations against the Rwandan militias with support from the UN peacekeeping mission in Congo (MONUC). This second phase, known as Kimia II, began in North Kivu in mid-April and is expanding to South Kivu province.

Since the start of military operations against them, the FDLR and RUD militias have committed war crimes in brutal "reprisal" attacks in North and South Kivu, deliberately attacking and killing at least 200 civilians. In an attack on May 9 and 10, an estimated 60 civilians were reportedly killed and many others wounded in Busurungi, in Walikale territory. Reports from local officials and witnesses indicate the FDLR were the attackers and that Congolese army soldiers based in Busurungi retreated, or were killed, leaving the civilian population unprotected.

During both phases of military operations, Congolese army soldiers have killed, raped, and looted. After Rwandan militias attacked the Congolese army at Miriki (Lubero territory) on March 7-8, killing at least 12 soldiers, including an officer, the Congolese army sent in reinforcements. According to local authorities and Miriki residents, Congolese army soldiers then summarily executed the local police commander, who had reportedly been arrested along with 39 other civilians accused of collaborating with the FDLR militia. Congolese army soldiers then proceeded to pillage and burn 155 houses. Witnesses told Human Rights Watch they saw two truckloads of well-armed soldiers returning to Kirumba later that day with the pillaged goods from Miriki.

In Bwavinyo, also in southern Lubero territory, Congolese army soldiers arrested the village chief on March 8, accusing him of having been aware of an FDLR attack on Bwavinyo earlier that day and not informing the Congolese army. He was released days later, after payment of over US$1,000 to Congolese army authorities. Soldiers then pillaged the village, saying that all the goods had belonged to the FDLR. On March 12, following a warning that the FDLR were close by, army soldiers began shooting randomly, killing four civilians who were on their way back to Bwavinyo from their fields nearby.

Congolese army soldiers repeatedly committed rape during operations, often accusing women of being supporters or wives of the FDLR. Many women and girls have been gang raped. In Kihonga (South Kivu), a woman was raped in her home by two soldiers, who then abducted her husband and forced him to transport their looted goods. He still has not returned. Days later, a 15-year-old girl was raped in the same village by two soldiers, while four other soldiers looted the house and then abducted her mother, who is still missing. Other women were abducted by soldiers to be sex slaves in their camps; they were told that if they ever tried to resist when soldiers wanted to have sex with them, they would be killed.

UN peacekeepers who support the Congolese army in these military operations have tried to minimize some of the abuses by army soldiers, but have been unable to do so in many circumstances. In at least one incident recently, UN peacekeepers fired warning shots over the heads of Congolese army soldiers to try to minimize their abusive behavior.

The 3,000 additional peacekeepers authorized by the UN Security Council in November 2008 have still not arrived in eastern Congo, despite promises from council members that they would urge a rapid deployment. Helicopters and intelligence support, desperately needed by the mission, have also not materialized. On April 9 in New York, Alan Doss, the head of the UN peacekeeping force, warned the Security Council that without such assets, MONUC's "capacity to respond quickly to emerging threats and protect civilians would be curtailed."

"Civilians are trapped, targeted by all sides in this conflict," said Van Woudenberg. "During their visit to Congo, Security Council members should tell President Joseph Kabila that UN peacekeepers cannot support military operations in which war crimes are being committed and that ongoing support will be conditional on concrete action by the Congolese government to bring such crimes to an end."

Human Rights Watch again raised concerns about the role played by known human rights abusers in the military operations supported by UN peacekeepers, including Bosco Ntaganda, who has been given a leadership role in the Congolese army despite an arrest warrant from the International Criminal Court (ICC), and Jean-Pierre Biyoyo, appointed a colonel in the Congolese army despite being found guilty by a Congolese military court of recruiting children into a militia group in March 2006.

Human Rights Watch also urged the council to ensure that Ntaganda is immediately removed from military duties, and to condition future MONUC operational support on his arrest.

"MONUC and the Security Council cannot turn a blind eye when known human rights abusers are in senior positions in military operations they support," said Van Woudenberg. "Congolese civilians urgently need protection from militia groups and abusers in their own army. If the council fails to act, it too will be complicit in putting civilians at risk."

Selected Witness Accounts

27-year-old woman from Bitonga (Masisi territory, North Kivu) who was abducted in late March 2009 by Congolese army soldiers and held as a sex slave in their camp for one month:

"I was in my farm with nine other women when the soldiers came and took us by force. I was with them in their camp near Bitonga for one month, and throughout this time, whoever wanted to would come and force me to have sex with them. They told me that if I ever tried to resist, they would kill me. There were about 18 soldiers in the camp, a mix of Tutsi and Hutu. I finally managed to escape when the soldiers sent me on my own to look for firewood. I was four-months pregnant when they abducted me, and I'm now in constant pain and am unable to walk. I don't think the baby is going to make it. The people in my village had all fled while I was gone because of abuses committed by the same FARDC soldiers who had abducted me."

40-year-old woman raped by four Congolese army soldiers in her house in Chebumba (Kalehe territory, South Kivu) on April 15:

"They came at night when I was asleep. We heard a banging on the door, and then they forced the door open, took my husband out of bed and tied him up. Four soldiers then started to rape me, one after the other, while three other soldiers looted all the goods in our house. I was four-months pregnant, but lots of blood started to flow while they were raping me and I've now lost the baby. The soldiers spoke Lingala, and I didn't understand what they were saying. Three other houses were visited the same night in my village. The soldiers who raped me have since been deployed further south, past Numbi."

15-year-old girl from Kihonga (Kalehe territory, South Kivu) who was raped last year by FARDC soldiers who made her pregnant. After giving birth in late March, she was raped again on May 5 by two FARDC soldiers:

"There were six soldiers who came into my house. They first raped my three-year-old sister, and then two of them raped me while the others looted our house. They threw my newborn baby onto the ground, and because of the shock he is in a lot of pain whenever anyone touches his legs. The soldiers were wearing military uniforms and they spoke Kinyarwanda. There were Hutus and Tutsis and other tribes as well. After they raped me, they took my mother away with them. She hasn't come back yet, and I think she must be dead. Five other houses in Kihonga were visited the same night by the soldiers."

25-year-old woman from Kihonga (Kalehe territory, South Kivu) who was raped in her house by two FARDC soldiers on April 25:

"It happened at night when I was in the house with my husband. We heard people knocking on the door, and they demanded that we open it. We refused, and then two soldiers forced the door open, came in the house, and tied up my husband. They then took me by force and started to rape me. They were both armed, in military uniform, and they spoke Kinyarwanda. One was Hutu and the other was Tutsi. Afterward, they took my husband with them to transport all the goods they looted from our house. I thought my husband would come back, but he never did. His family has since rejected me once they found out what happened, and I now have nowhere to go."

Man from Oninga (Walikale territory, North Kivu) who fled to Kirumba (Lubero territory, North Kivu) after the FDLR began attacking civilians:

"As we fled toward the government-controlled area, we were stopped by FARDC soldiers who looted all our money and goods, and they beat us badly, saying, ‘You came from where the enemies are, and you must be their collaborator.' Now that we've made it to Kirumba, we're constantly subject to ‘Opération Fenêtre' with our host families here: The soldiers come to the houses at night, stick the rifle of their guns through the window, and force us to hand over all the money, food, and objects in the house."

Displaced man from Katoyi (Masisi territory) in Lushebere:

"When I went home to look for food, I was stopped by FARDC soldiers, who forced me to transport their baggage all the way to Kalonge, where they were going for operations against the FDLR. When we got there, they made me give them my clothes and shoes. I was then left almost naked, as they whipped me, calling me an Interhamwe."

Local chief from Masisi territory:

"The FDLR say we are the ones who told the FARDC to come and chase them out of eastern Congo, while our soldiers blame us for having lived with the FDLR and say we're their brothers. We've become the enemies of all sides and don't understand anymore what to think."

Sri Lanka: Repeated Shelling of Hospitals Evidence of War Crimes

30 Attacks Reported on Medical Facilities Since December

May 8, 2009

(New York) - The Sri Lankan armed forces have repeatedly struck hospitals in the northern Vanni region in indiscriminate artillery and aerial attacks, Human Rights Watch said today. Commanders responsible for ordering or conducting such attacks may be prosecuted for war crimes.

Patients, medical staff, aid workers, and other witnesses have provided Human Rights Watch with information about at least 30 attacks on permanent and makeshift hospitals in the combat area since December 2008. One of the deadliest took place on May 2, when artillery shells struck Mullaivaikal hospital in the government-declared "no-fire zone," killing 68 persons and wounding 87.

"Hospitals are supposed to be sanctuaries from shelling, not targets," said Brad Adams, Asia director at Human Rights Watch. "While doctors and nurses struggle to save lives in overcrowded and underequipped facilities, Sri Lankan army attacks have hit one hospital after another."

Human Rights Watch has criticized both the Sri Lankan armed forces and the separatist Liberation Tigers of Tamil Eelam (LTTE) for numerous violations of the laws of war during the recent fighting. Tens of thousands of civilians have been held as "human shields" by LTTE forces on a narrow strip of land on Sri Lanka's northeast coast.

As Sri Lankan army forces have advanced, the LTTE has unlawfully forced the civilian population along with them in retreat. Hospital staff have increasingly been compelled to leave permanent hospitals to set up makeshift hospitals in LTTE-controlled areas. Several independent sources informed Human Rights Watch that each time a hospital was established in a new location, the doctors transmitted GPS coordinates of the facility to the Sri Lankan government to ensure that the facility would be protected from military attack. Medical staff said that, on several occasions, attacks occurred on the day after the coordinates had been transmitted.

An aid worker described to Human Rights Watch an aerial attack on Valayanmadam hospital in the no-fire zone on April 2:

"I was in the hospital. Right after 12:30 p.m., I noticed a Sri Lanka military drone conducting reconnaissance above the hospital. The people in the hospital suspected that an attack was imminent, so they lay down on the ground. Shortly thereafter, we heard a loud explosion in the air, followed by several smaller explosions on the ground. One of the explosions took place only a couple of meters from me. One of the doctors, who was lying just next to me, was killed by a shrapnel piece that hit him in the head. Four or five people were killed and more than 30 were wounded in the attack."

Medical staff said that makeshift hospitals that have been hit were clearly marked as medical facilities. For example, after repeated attacks on the hospital at Puthukkudiyiruppu, an LTTE stronghold, the hospital was evacuated to a school in Putumattalan, across the Nanthikadal lagoon in the no-fire zone. Witnesses said the hospital was marked with a large red cross on one of the buildings facing Sri Lankan army positions across the lagoon, and a red-cross flag flew at the entrance. A person who fled across the lagoon in late March told Human Rights Watch that the red-cross signs were clearly visible from the government positions across the lagoon, about a kilometer away. Yet, the hospital came under attack on several occasions.

A medical worker told Human Rights Watch that when the Putumattalan hospital came under heavy shelling around midnight on April 20, he immediately sought cover in a bunker. He described what he saw after he left the shelter early in the morning:

"The roof of the building was destroyed and tiles had fallen into the room. The operations ward had disappeared completely. There were eight dead bodies in Ward 5, and five dead bodies in the admission ward, all of them patients who had been admitted with injuries from previous attacks. Injured people were still coming to the hospital, but the medical staff was not able to provide any medical treatment. I have no idea how many dead and injured there were in total. I just counted 13 dead bodies in two of the five wards and then I left."

Since mid-February, the International Committee of the Red Cross has evacuated more than 13,000 wounded and their caregivers from the war zone by sea. Permanent and makeshift hospitals within LTTE-controlled territory continue to receive hundreds of patients daily. Many arrive wounded from the fighting, while others are sick due to inadequate sanitation, and acute shortages of food and clean water.

Witness accounts suggest that in some cases the Sri Lankan military attacks may have been targeted at LTTE forces present in the vicinity of the hospitals, yet in other cases witnesses said there were no LTTE forces anywhere near the hospitals.

Hospitals, whether permanent or temporary, are specially protected under international humanitarian law. Like other civilian structures, they may not be targeted. Under the Geneva Conventions, hospitals remain protected unless they are "used to commit hostile acts" that are outside their humanitarian function. Even then, they are only subject to attack after a warning has been given setting a reasonable time limit, and after such warning has gone unheeded. The presence of LTTE medical workers or injured combatants does not affect the civilian character of medical facilities.

LTTE forces who deploy among civilians or near hospitals are violating the laws of war by unnecessarily placing civilians at risk. However, violations by one party to an armed conflict do not justify violations by the other.

Under the laws of war, parties to a conflict must take all feasible precautions to ensure that a target of attack is a military objective and not a civilian object. Attacks that do not discriminate between military targets and civilian objects are prohibited. Individuals who order or carry out unlawful attacks willfully - that is, deliberately or recklessly - are responsible for war crimes. States are obligated under the laws of war to investigate alleged war crimes and prosecute those responsible.

"Repeated Sri Lankan artillery attacks striking known hospitals is evidence of war crimes," said Adams. "The government cannot hide behind LTTE atrocities to justify their own unlawful acts."

Human Rights Watch said Sri Lanka's key donors - including the United States, the European Union, India, Japan, and China - should strengthen calls for the Sri Lankan government to cease the use of heavy weapons in densely populated areas, particularly near hospitals. Both the government and the LTTE should permit safe humanitarian corridors to allow civilians to flee the combat zone.

Human Rights Watch reiterated its call for the humanitarian situation in Sri Lanka to be urgently taken up by a formal meeting of the United Nations Security Council in New York and by a special session of the UN Human Rights Council in Geneva.

BAN: AID WORKERS’ EXPULSION FROM SUDAN IMPEDING PEACEKEEPING, RELIEF EFFORTS

The expulsion of humanitarian and human rights agencies from Sudan following the issuance of an arrest warrant for the Sudanese president for war crimes is thwarting the United Nations' efforts in peacekeeping and humanitarian aid, Secretary-General Ban K-moon said.

Mr. Ban characterized the Government's decision to eject 16 humanitarian and human rights non-governmental organizations (NGOs), following the indictment on 4 March of President Omar Al-Bashir by the International Criminal Court (ICC), as an "extremely negative" development.

"While joint United Nations-Government of the Sudan efforts can address some of the most critical gaps in aid delivery in the coming weeks, the cumulative effects over time of the removal of such a large amount of humanitarian capacity puts well over 1 million people at life-threatening risk," he wrote in his latest report to the Security Council on the deployment of the hybrid UN-African Union (AU) peacekeeping mission in the war-torn Darfur region.

The start of the rainy season next month could exacerbate the already dire situation, he added.

The Secretary-General called on authorities to urgently "re-establish an atmosphere of trust and mutual confidence with the humanitarian community," stressing the importance of cooperation to fill the most immediate gaps.

The impact of the expulsions on the work of the UN-AU mission, known as UNAMID, cannot be underestimated, he said. "A significant disruption in the provision of humanitarian assistance will almost certainly lead to a serious heightening of tensions among internally displaced persons [IDPs], particularly in the larger camps for the displaced."

As a result, the risk of violence could rise, complicating UNAMID's ability to carry out its protection mandate, Mr. Ban underlined.

He also voiced concern over continued insecurity – including clashes between Government forces and armed groups, the recurrence of tribal fighting and the build-up of troops along the Chad-Sudan border – which has impeded the mission's ability to visit locations to assess the impact of bombardments on civilians.

The Secretary-General wrote that the security of UN and associated personnel is also a critical issue, with vehicle hijackings and compound invasions growing increasingly deliberate in nature.

"The latest security developments highlight, once again, the fundamental challenges that UNAMID continues to face while operating in an environment where the parties show no intent to give up the use of force, and further underscore the urgent need for a comprehensive settlement to the Darfur crisis," he said.

An estimated 300,000 people have been killed in Darfur and another 2.7 million have been forced from their homes since fighting erupted in 2003, pitting rebels against Government forces and allied Janjaweed militiamen.

In spite of the challenges UNAMID faces, Mr. Ban said that the mission has "been able to make a difference on the ground."

But the report called on Member States to provide critical equipment, especially military helicopters, to increase UNAMID's mobility and operational impact.
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SRI LANKA: ACTIONS BY GOVERNMENT FORCES, REBELS POSSIBLE WAR CRIMES – UN RIGHTS CHIEF

SRI LANKA: ACTIONS BY GOVERNMENT FORCES, REBELS POSSIBLE WAR CRIMES – UN RIGHTS CHIEF
New York, Mar 13 2009 10:00AM

The top United Nations human rights official today deplored the mounting deaths and injuries of civilians due to the "bitter" conflict in northern Sri Lanka between Government forces and a rebel group, pointing out that some moves by both sides could amount to war crimes.

High Commissioner for Human Rights Navi Pillay said that certain actions undertaken by the
Sri Lankan military and by the separatist Liberation Tigers of Tamil Eelam (LTTE) could constitute violations of international human rights and humanitarian law.

"We need to know more about what is going on, but we know enough to be sure that the situation is absolutely desperate," she said. "The world today is ever-sensitive about such acts that could amount to war crimes and crimes against humanity."

Although there is a Government-designated 'no-fire' zone for civilians in the Vanni region, repeated shelling has continued inside these areas, according to information made available to the Office of the High Commissioner for Human Rights (OHCHR).

Last week, the UN humanitarian wing said that that the conflict zone has shrank from 300 square kilometres to nearly 58 square kilometres in February, with many civilians – the UN puts their number at between 150,000 and 180,000 – taking refuge in a new 14-square kilometre 'no-fire zone.'

Other areas where civilians are sheltering have been hit, and OHCHR noted reports that over 2,800 people may have been killed and 7,000 others injured – many in the no-fire zones – since 20 January. Many children are believed to be among the casualties, with hundred having lost their lives and over 1,000 hurt.

"The current level of civilian casualties is truly shocking, and there are legitimate fears that the loss of life may reach catastrophic levels if the fighting continues this way," Ms. Pillay said, adding that "very little attention is being focused on this bitter conflict."

The LTTE is believed to be continuing to hold civilians as human shields and shooting those trying to leave their control. Further, they are reportedly forcibly recruiting civilians, including children, as soldiers.

"The brutal and inhuman treatment of civilians by the LTTE is utterly reprehensible, and should be examined to see if it constitutes war crimes," the High Commissioner said.

Limited amount of food and essential medial supplies to treat victims are leading to further deteriorating humanitarian conditions.

Ms. Pillay called on both the Government and the LTTE to immediately halt the fighting to allow all civilians to evacuate the conflict zone, urging Sri Lankan authorities to give UN and other independent agencies full access to accurately assess conditions.

Last week, Secretary-General Ban Ki-moon strongly deplored the mounting civilian death and stressed the urgent need for the end of clashes.

In a statement issued by his spokesperson, Mr. Ban repeated his call to the Sri Lankan Government and the LTTE to "suspend hostilities for the purposes of allowing civilians to leave the conflict zone, and allowing immediate humanitarian access to them."

He appealed to the LTTE to take its weapons and fighters out of areas where there are many civilians, cooperate in humanitarian efforts and instantly end recruiting children, some as young as 13 years of age, as soldiers. In addition, he urged the Government to begin "serious" efforts to resolve the underlying causes of the conflict.
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DR Congo: Militia Leader Guilty in Landmark Trial

The conviction of the Mai Mai commander Gédéon Kyungu Mutanga and 20 other Mai Mai combatants for crimes on major charges, including crimes against humanity, by a military court on March 5, 2009, was a crucial step toward creating accountability in the Democratic Republic of Congo, Human Rights Watch said today.

The trial by the military court of the garrison of Haut-Katanga, in Katanga province, lasted for 19 months and was the country's largest trial involving charges of crimes against humanity. In its landmark ruling, the military court also found the government liable for failing to disarm the Mai Mai militias and awarded damages to the victims.

"This conviction is a victory for the victims of Gédéon and his Mai Mai militia, who inflicted horrific atrocities on thousands of people in central Katanga," said Anneke Van Woudenberg, senior researcher in the Africa division at Human Rights Watch. "This trial has shown the important role that Congolese courts play in giving victims a voice and in making clear that attacks on civilians will have serious consequences."

Known commonly by his first name, Gédéon (whose legal name is Gédéon Kyungu Mutanga Wa Bafunkwa Kanonga) was the commander of the Mai Mai militia responsible for brutal crimes committed in the "triangle of death" in central Katanga between 2003 and 2006.

The judges of the military court found him guilty of crimes against humanity, insurgency and terrorism. Another six defendants, including Gédéon's wife, Ilunga Monga Nkuma, were also found guilty of crimes against humanity, in addition to other crimes. Fourteen defendants were convicted of insurgency, and three of them were also convicted of terrorism. Four defendants were acquitted because of insufficient evidence, while another was acquitted because he was a minor at the time the crimes were committed and was deemed not criminally liable.

Gédéon and six other defendants were sentenced to death. Although Congo has not carried out executions for a number of years, Human Rights Watch expressed serious concern about the sentence. Human Rights Watch opposes capital punishment in all circumstances because of its cruel and inhumane nature. The death penalty is not an applicable punishment of the International Criminal Court (ICC).

The court also ruled that the government had civil liability for failing to disarm the Mai Mai, its former allies, after the war in Congo ended in 2003. The judges awarded damages to dozens of victims who were accepted as civil parties to the criminal proceedings. One was awarded the equivalent of US$300,000 while others were granted between US$80,000 and US$150,000. The Congolese government is jointly liable with those convicted of the crimes. The ruling sets an important precedent for compensation for those who have suffered human rights abuses.

"Awarding damages to victims sends a strong message that the government is not above the law," said Van Woudenberg. "We urge the government to respect the ruling and to comply as a matter of priority."

The military trial was also significant because the judges applied the definition of crimes against humanity as found in the Rome Statute of ICC. The Rome Statute was ratified by the Democratic Republic of Congo government in 2002, and its application by the military court illustrates the ICC's impact beyond its own trials in The Hague.

Investigations and legal proceedings against Congolese army commanders who also committed abuses in Katanga during the same period have not been equally successful, however. There have been only four convictions of soldiers, for failing to assist persons in danger, despite the evidence of serious crimes including summary executions and rape. One of those convicted was the military commander of the Congolese army's operations against the Mai Mai, Major Andre Ekembe Monga Yamba, but he was sentenced to only 15 months in prison.

Human Rights Watch called on the Congolese government to place those convicted of crimes against humanity, including Gédéon, in a high-security prison in Katanga or in another part of the country, to minimize the risk of escape. The present intention is to transfer him to Kassapa prison, Katanga's main prison, but Human Rights Watch researchers who visited the prison in June 2008 found the security there to be insufficient. Prison breaks have been common in Congo.

"All too often, we have seen human rights abusers convicted in trial but then left to escape from prison only weeks or months later," said Van Woudenberg. "The government needs to ensure this will not happen with Gédéon and others convicted of crimes against humanity."

Background

Gédéon's Mai Mai militia was a local defense force supported by the Congolese government during the war with Rwanda and Uganda, which began in 1998. After the war ended in 2003, the national government sought to integrate the Mai Mai into the national army, but failed. Increasingly hostile to the government, Mai Mai leaders took control of huge swathes of central Katanga, fought their former allies, the Congolese army, and terrorized local civilians whom the Mai Mai initially claimed they were defending.

By November 2005, the United Nations estimated that 150,000 people had been forced to flee their homes and that hundreds had been killed. The suffering and abuses were so widespread that local residents called the region where Gédéon operated "the triangle of death".

Human Rights Watch researchers documented crimes committed by both parties to the conflict in central Katanga: the Mai Mai militias and the Congolese army, the FARDC, who carried out a brutal military operation in 2005 to attempt to neutralize the Mai Mai militia. In July 2006, Human Rights Watch sent detailed legal submissions to the ministers of justice and defense calling for judicial investigations into the abuses and for those responsible to be held to account.

Gédéon was detained on May 16, 2006, and the trial against him began on July 10, 2007. Gédéon's wife, his six bodyguards, and 17 others of his co-accused were charged between November 2007 and January 2008 in the same proceedings. Another commander was apprehended in January 2009 and was also included in the trial.