A gathering organised for the families of victims of Duterte's war on drugs in Quezon City ahead of the opening of the ICC confirmation hearing. The signs which are held up in a few of the pictures read: 'Justice! Jail everyone involved in the war on drugs.' Credit: IDEFEND

By Ed Holt
BRATISLAVA, Mar 17 2026 (IPS)

Gito* had just arrived at his father’s house in Caloocan City in the Philippines on December 7, 2016, when three armed policemen burst into the home, grabbed his father, took him outside and shot him multiple times. Gito told IPS his father had put his hands up when the officers told him they had come to arrest him, but they opened fire anyway.

Then they turned on Gito, who was 15 at the time and had come to see his father to get his lunch money for school. He says they told him his father was a drug dealer and that he would be facing charges because he was with him. He was taken away and tortured – beaten and forced to drink urine – and later jailed for three years. He and his four siblings were all forcibly separated; his mother’s mental health deteriorated, and even after release, Gito needed years of mental health help.

Andrea*, from the same city, told IPS a similar story. One day in October 2017, she and her husband and father-in-law were watching television at their home when two men wearing masks and black jackets and carrying guns burst in, shouting the name of a person none of them knew. Despite their protestations, the two men executed her husband and father-in-law, shooting them many times while they knelt in front of them. Andrea, who was five months pregnant at the time, was also injured in the shooting – a bullet hit her leg.

A priest prays at a gathering organised for the families of victims of Duterte’s war on drugs in Quezon City, ahead of the opening of the ICC confirmation hearing. Credit: IDEFEND

Left without any means of income with both the family’s breadwinners dead, she had to drop out of the vocational course she was on and spiralled into a deep depression. She eventually recovered. “When I looked at my baby, I saw my husband in her, so I picked myself up and faced life bravely,” she explained. She said, though, it is still hard financially, as she also supports her mother-in-law.

Gito’s father, and Andrea’s husband and father-in-law, were just a few of the estimated tens of thousands of victims of the brutally repressive anti-drugs policy implemented by former Philippine president Rodrigo Duterte.

For years, people like Gito and Andrea have fought an often seemingly futile battle for justice for their loved ones even as local and international rights groups have detailed the horrific crimes committed under Duterte’s “war on drugs”.

But a recent hearing at the International Criminal Court (ICC) in The Hague, Netherlands, has given them, and others, hope that they could see justice.

Both Gito and Andrea, along with other relatives of people who were killed under Duterte’s violent crackdown on drug use, were at the Hague during confirmation hearings between February 23 and 27 to decide whether Duterte should stand trial on charges of crimes against humanity linked to his deadly anti-drug crackdown.

Launched in 2016, it remains one of the deadliest anti-narcotics campaigns in modern history, activists say. While official police figures show 6,252 people killed by May 2022, human rights groups estimate there could have been as many as 30,000 deaths, including vigilante-style executions.

The case against Duterte covers 49 incidents of alleged murder and attempted murder, involving 78 victims, including children. But prosecutors at the hearing said these incidents are only a fraction of the thousands of killings attributed to police and hired hitmen during Duterte’s anti-drug campaign.

At the trial the prosecution said that Duterte played a “pivotal” role in a campaign of extrajudicial killings that saw thousands murdered, alleging he personally drew up death lists, incited murders and then boasted about them afterwards.

The court was shown videos of Duterte threatening to murder alleged drug users and boasting of his own skills in extrajudicial killing.

Statements from victims’ relatives submitted at the trial also highlighted the devastating toll the repressive policy had taken on not just individual families but also wider communities which were already impoverished and marginalised.

Illegal drug use in impoverished communities was often a mechanism, the prosecution said when submitting witness testimony, to cope with terrible living conditions. They said victims’ marginalised and vulnerable conditions were exacerbated exponentially when targeted by police and that the campaign against them targeted their humanity.

The prosecution pointed out that victims were often killed in front of their families, usually in their homes and local neighbourhoods, which subsequently became crime scenes. Following the killings, the families were left with not just lasting personal trauma but stigma within their close-knit communities.

Meanwhile, by targeting marginalised groups, law enforcement authorities were specifically going after those who would be least likely to be able to file complaints in the domestic justice system, human rights lawyers at the hearing argued. They said this was calculated to ensure no one was held accountable ultimately for what happened.

Duterte’s defence claimed the 80-year-old did not issue specific orders to kill drug suspects as part of his policy to take down the illegal drug trade in the country. They said that what actions he took were within the law. Duterte himself waived his right to attend the hearing and said he does not recognise the court’s authority.

The ICC has 60 days in which to issue a decision on whether to proceed with the case against Duterte, ask for more evidence, or stop the process against him.

Activists who were at the trial have expressed hope that the case against him will go ahead.

“It was very clear that the prosecution had enough [evidence] to convince the judges that the case should proceed to trial.

“The truth of the matter is that the evidence presented by the prosecution was backed up by true narratives by witnesses and by families themselves who saw how their loved ones were killed,” Rowena Legaspi, spokesperson for the Philippine group In Defense of Rights and Dignity Movement (IDEFEND), told IPS.

Both Gito and Andrea said they were convinced of the strength of the evidence presented, although Gito admitted he feared Duterte might still somehow not be tried.

“This is a grave concern for me. There are fears around political interference or procedural issues that Duterte’s defence may raise in an attempt to stop the proceedings. But I also trust the ICC process and the sufficient documents they have,” he said.

Activists also see the fact that the confirmation hearings have taken place at all as a step towards justice for the victims of Duterte’s drug crackdown.

“For the families of the victims in the court and those watching back in the Philippines, this was like seeing light at the end of the dark day when Duterte was the president. Reaching this stage of confirmation charges continues to at least gradually break the pain that is embedded in them,” Legaspi added.

“This case moving to trial is a step towards healing for all of us,” said Andrea.

Campaigners also see it as essential to ongoing campaigning for justice in the Philippines.

For years, domestic institutions failed to deliver justice, local rights groups say, with findings by rights institutions stonewalled, courts offering no meaningful accountability, and families of victims silenced by fear.

And while Duterte’s arrest and transfer to The Hague was a breakthrough in itself, activists say. They also point out that at the same time, his allies at home continue to push immunity bills and resolutions questioning ICC jurisdiction.

IDEFEND said the hearings are a political and moral test of whether international law can pierce impunity and whether Filipino society will stand with victims against state-sanctioned violence and a litmus test of the Filipino people’s pursuit of accountability.

“Duterte’s arrest and the ICC process prove persistence matters. Leaders cannot forever hide behind power, sovereignty, or dynasties. The law may be slow, but history bends toward accountability when people insist on truth.

“This case is not just about putting Duterte on trial. It affirms that the lives lost — mostly the poor and voiceless — mattered. It restores dignity to families. It exposes the machinery of state violence. And it warns future leaders that mass killings will not be tolerated,” Legaspi said.

“It also challenges the culture of impunity shielding not just Duterte but also his enablers and successors. Senate resolutions, immunity bills, and denial campaigns show the fight is far from over. But every manoeuvre is proof of accountability’s power: they are afraid because truth is catching up,” she added.

Meanwhile, other drug policy reform campaigners say it serves as an example of the massive damage that can be caused by repressive drug policies and sends a strong signal to other leaders implementing similarly brutal, hardline anti-drug campaigns.

“The large-scale human rights violations committed under Duterte’s war on drugs – which have resulted in tens of thousands of extrajudicial killings – are one of the starkest examples of the devastating impacts of punitive drug policies. And the Philippines is not an isolated case. Around the world, lethal force continues to be justified in the name of drug control – mostly in contexts of entrenched impunity,” Marie Nougier, Head of Research and Communications at the International Drug Policy Consortium (IDPC), told IPS.

“The decision by the International Criminal Court to pursue the case of Duterte sends an important signal: drug control cannot be used as a pretext for unlawful killings and the erosion of fundamental rights, and that political leaders are not beyond the reach of international law,” she added.

Back in the Philippines, the drug policies Duterte implemented remain in place and there continue to be drug-related killings, although not at the levels seen under Duterte.

And nearly a decade on from when Duterte’s hardline policies were introduced, only nine police officers have been convicted. Rights groups such as Human Rights Watch (HRW) say the vast majority of those responsible, including senior officials, have not faced any repercussions.

Legaspi said there have been some bills introduced by lawmakers on possible investigations of extrajudicial killings and discussion of treating drug use as a health issue rather than criminal and looking at harm-reduction measures to combat it.

She added, though, that Duterte’s drug policies had “an impact so huge that it continues to be felt to this day”.

Both Gito and Andrea said they were hopeful the hearings may bring about some change in the country’s drug policy.

In the meantime, though, both are waiting to see what the ICC decides and hoping for justice.

“For me, justice will be fully served when Duterte has been convicted and his co-perpetrators of the drug war have also been arrested, detained, and convicted. That is justice for me,” said Gito.

*Identity protected for their safety.
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Ukrainian Red Cross teams have delivered over 3,300 hot meals to Kyiv residents at support points around the city. Credit: Red Cross

By Ed Holt
BRATISLAVA, Feb 24 2026 (IPS)

“We have a saying here in Ukraine now – ‘young people meet at their friends’ funerals rather than at weddings.’ It’s sad, but very true.”

As Russia’s full-scale invasion of her country moves into its fifth year, Iryna Yakova, 29, is looking back at how her life has changed over the past four years.

Speaking from Lviv, the western Ukrainian city where she lives, she tells IPS that her “values and attitude towards life” have changed. “Material things become unimportant when your loved ones or friends are in danger,” she says. She has also developed a keen sense of her national identity and an empathy for the suffering of her fellow Ukrainians.

“During the full-scale invasion, I realised that all of Ukraine is my home. I cry for people who were killed by a missile in Kyiv while they were sleeping at night. Even though I didn’t know them, it hurts me because they are Ukrainians. It also pains me to see children growing up without their parents because their parents are at the front. The war has intensified my sense of empathy and belonging.”

Her mental health has suffered. She says anxiety is ever-present in her life.

But what she returns to often as she answers questions about how her life is today compared to before the war is the loss she, and others, have experienced.

“What I miss most [from my life before the full-scale invasion] are the people who have been killed in the war. I have lost friends, acquaintances, and relatives. Nothing compares to human loss. The hardest thing I have had to deal with during this war is going to the funerals of friends — people you used to go to parties with, travel with, study with,” she says.

The human cost of Russia’s full-scale invasion of Ukraine has been enormous – Ukraine’s government does not officially give figures for military casualties, but it has been estimated they could be up to 600,000 (Russian military casualties are thought to be more than twice that amount).

But the scale of civilian casualties has been huge, too. According to UN bodies, more than 15,000 civilians have been killed and over 41,000 injured in Ukraine since the start of the invasion on February 24, 2022.

Worryingly, as Ukraine marks the fourth anniversary of the start of the war, research suggests there has been a sharp increase in civilian casualties over the last year.

Data from Action on Armed Violence (AOAV), released earlier this month, showed civilian casualties in Ukraine increased by 26 percent in 2025 compared with 2024, despite there being a 6 percent drop in the number of injurious explosive weapon incidents recorded nationwide.

In Kyiv, response efforts continue amid attacks on energy infrastructure and severe cold. The Ukrainian Red Cross is supporting warming centres around the clock, providing people with a safe place to warm up, receive assistance, and feel cared for during difficult conditions. Credit: Red Cross

The group said its data showed a worrying shift in the character of the conflict – the average number of civilians killed or injured per incident in Ukraine rose 33 percent over the year, with a total of 2,248 civilians reported killed (an 11 percent rise) and 12,493 injured (a 28 percent rise) by explosive violence.

This suggests that explosive weapons are being used by Russia in Ukraine in ways that generate greater civilian impact, whether through more drone strikes, heavier munitions, specific targeting choices of populated areas, or repeated strikes on urban infrastructure, the group said.

Nearly seven in ten civilian casualties recorded in AOAV data occurred in residential neighbourhoods, up from just over four in ten in 2024.

Niamh Gillen, a researcher at AOAV, told IPS it was impossible to definitively say that Russian forces were deliberately targeting Ukrainian civilians, but that “the data speaks for itself.”

“It shows that civilian areas are being attacked, that the attacks are occurring within civilian areas like hospitals, schools, cities, towns. In general, in areas where civilians are heavily concentrated, like cities and towns, villages, anywhere like that, if you’re using an explosive weapon with wide area impacts, then you’re likely to harm more civilians,” she said.

On top of the deaths and destruction Russian attacks have caused, they have also led to massive displacement. It is thought that at least 3.4 million people are internally displaced in the country. This has put massive pressure not just on the displaced themselves, but also on host communities and services.

People’s physical health has deteriorated in such conditions – the World Health Organisation (WHO) has said that more than two-thirds of the population have reported a worsening of their health since the start of the invasion.

But the harm caused by these attacks is far from just physical. Mental health professionals in the country, as well as international bodies including the WHO, have warned of a mental health crisis in Ukraine, with possibly up to 10 million people suffering with mental health problems.

IPS spoke to scores of people in cities and towns across Ukraine about how the war had affected their mental health. Many spoke of experiencing anxiety, sometimes permanently to some level, which could be intensified at any moment by the frequent sound of air raid sirens warning of an attack, or for those closer to frontlines, the sounds of explosions and bombings.

“What affects my mental health on a daily basis are the constant nighttime drone and missile attacks. Because of them, it is impossible to relax or get proper rest, as reaching a shelter for safety is essential, even at night,” Mihail*, a teenager who lives in the Kyiv region, told IPS.

The situation for many Ukrainians has acutely worsened this winter. In what has been one of the coldest winters the country has seen for many years, Russian forces have repeatedly attacked Ukraine’s energy infrastructure, resulting in massive, widespread power outages. Thermal heating facilities have also been destroyed in targeted attacks.

As temperatures have plunged to as low as minus 30 degrees Celsius on some occasions, millions of people have been left freezing in their homes.

Jaime Wah, Deputy Head of Delegation with the International Federation of Red Cross and Red Crescent Societies (IFRC) in Ukraine, said people were suffering desperately in the cold.

“Some nights have been very unbearable. There is no escape from the cold. When you leave your apartment, it’s cold. Sometimes people have been joking that it’s warmer inside a fridge than inside their apartment. I’ve been here for over four years now, and it’s been the worst winter,” she told IPS.

Humanitarian organisations, including the Ukrainian Red Cross, and state emergency services have set up emergency heating points in cities and towns where people can keep warm, recharge devices and get food.

But Wah said while this has become a humanitarian crisis, it is one of just many crises Ukrainians are battling.

“In frontline regions, there are communities that are under evacuation orders, and some communities have essentially had most of their resources cut off. Family ties are quite strained – mental health needs are also immense, not only in the frontline regions but across Ukraine,” she said.

“There are lots of repairs to homes that are needed, not to mention the energy crisis, which is a humanitarian crisis… with no heating and no electricity, just the day-to-day things – just even heating your food becomes a problem. A lot of families are having to spend more time outside their homes, having to spend more money. On top of that, the cost of living has increased. These are some of the real, tangible situations that people in Ukraine are facing now,” she added.

Amid these problems, many Ukrainians admit that they are exhausted after four years of war.

But among the many people IPS spoke to on the eve of the fourth anniversary of the war, there was a widespread, although certainly not universal, determination to not give up.

“I feel a sense of responsibility. I do not have the right to give up, because many people have died so that I could have the chance to live. Of course, there is exhaustion, but, unlike those in the military, a civilian like me has time to rest and reset,” said Iryna.

For many, such resilience is born out of a desire not just for them and their country to survive what they see as Russia’s attempt to destroy them as an independent state and nation, but also a hope that, ultimately, there will be some justice served for what has been done to them.

The Russian military and authorities have repeatedly been accused of war crimes, crimes against humanity, breaches of international humanitarian law, as well as genocide, during the invasion of Ukraine.

The sheer volume of alleged crimes – at least 180,000 war crimes have been registered by Ukraine’s Prosecutor General – and the constraints of documenting, investigating and prosecuting during an ongoing conflict mean that bringing those behind them to justice was never expected to be easy. Only over 100 people have been prosecuted in Ukraine so far for crimes during the invasion.

But there are fears that international bodies such as the International Criminal Court (ICC), which has issued an arrest warrant for, among others, Russian President Vladimir Putin over alleged war crimes, could be rendered increasingly toothless in their ability to ever prosecute major figures who ordered such crimes because world leaders, such as US President Donald Trump, are no longer interested in upholding international justice for war crimes.

“I truly hope that the war will end very soon and that all war criminals will be brought to justice. However, what I see happening right now is the opposite: while institutions like the UN are unable to punish Russia, people are starting to forget about its war crimes. Countries are gradually lifting sanctions,” said Mihail.

“For example, Russian athletes are going to be able to take part in the Paralympics this year. As a result, people who committed war crimes just months or years ago can now take part in one of the world’s biggest sporting events. So we need to act – by refusing to normalise aggression, keeping sanctions firm and, most importantly, remembering about war.”

Others, though, are more hopeful.

“There is no doubt among Ukrainians that war criminals can be brought to justice,” Oleh Martynenko, an expert at the Ukrainian NGO Center for Civil Liberties, which documents war crimes, told IPS.

“This is evidenced by the participation of Ukrainians in international missions and courts where war criminals have been convicted. Also, thanks to the European Union, Ukrainians are building their own criminal prosecution systems, which provide for the arrest and imprisonment of Russian war criminals in accordance with UN international standards,” he said.

Regardless of these concerns and the other problems Ukrainians are facing as the full-scale invasion goes into its fifth year, some are looking to the future with a degree of hope.

“I feel a mix of determination, resilience, anger, and hope of victory,” Tetiana, a nurse in the Dnipropetrovsk region, who asked not to be identified for security reasons, told IPS. “Glory to Ukraine!” she added.

*Name changed to protect identity.

IPS UN Bureau Report

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Displaced people living in Ardamata camp in El Geneina, capital of West Darfur, welcoming the start of proceedings in the case against “Janjaweed” militia leader Ali Kosheib at the International Criminal Court. Photos courtesy of Radio Dabanga www.dabangasudan.org.

By Elise Keppler
NEW YORK, Mar 12 2021 (IPS)

Sudanese authorities concluded a Memorandum of Understanding with the International Criminal Court (ICC) in February in its investigation of Ali Kushayb. This much needed step is expected to allow ICC investigators access to Sudan ahead of ICC judges’ deliberations in May to assess whether there is sufficient evidence to send his case to trial.

Kushayb, a leader of the “Janjaweed” militia who also held commanding positions in Sudan’s auxiliary Popular Defense Forces and Central Reserve Police, faces ICC charges on more than 50 counts of war crimes and crimes against humanity committed in Darfur. He voluntarily surrendered to the court last June.

Sudan’s transitional government has promised to cooperate with the ICC, and welcomed the ICC prosecutor to Sudan for the first time in October. This is in marked contrast to the previous government of Omar al-Bashir – who is also sought by the ICC, for alleged genocide, war crimes, and crimes against humanity committed in Darfur – which actively blocked the ICC’s efforts.

But the transitional government can and should take its cooperation further by surrendering the four remaining ICC fugitives, three of whom, including al-Bashir, are already in Sudanese custody.

The transitional government can and should take its cooperation further by surrendering the four remaining ICC fugitives, three of whom, including al-Bashir, are already in Sudanese custody

It is important to note that there is no legal basis for the Sudanese authorities to hold on to the ICC fugitives, and they are in fact under an international obligation to surrender them. The UN Security Council resolution that referred the situation in Darfur to the ICC in 2005 expressly requires Sudan to cooperate with the ICC. It was adopted under Chapter VII of the UN Charter, meaning it carries with it the council’s enforcement authority.

Some may argue that Sudanese authorities can and should try the ICC suspects at home. But then the government would have to establish to the ICC’s judges that Sudan’s legal system is in the process of trying the same suspects for the same crimes that the ICC charges cover.

No such proceedings currently exist based on available information, and a year and a half after the transitional government took office, too much time has already passed. The authorities should transfer the ICC’s outstanding fugitives now and thereafter follow necessary procedures should it wish to try the suspects at home on the same crimes.

But the authorities also should consider all the challenges of trying to prosecute the ICC’s cases at home. Genocide, crimes against humanity, and war crimes – the charges the ICC suspects face – were not explicit crimes in Sudanese law until more than five years after government forces began to commit widespread atrocities in Darfur in 2003. It is possible that local courts could hold that the suspects cannot be tried on these crimes in Sudan since the law wasn’t changed until after the crimes occurred.

If domestic prosecutions were to take place only for other crimes, such as murder and conspiracy, this would deprive victims of accountability for the full scale of atrocities committed.

The legal principle of command responsibility, on which the criminal responsibility of leaders often rests, is still not incorporated into Sudanese law. Immunity for those in official positions and statutes of limitation limit cases domestically as well, and Sudan’s system lacks fair trial protections in law and practice, which are needed for credible proceedings, in actuality and in appearance.

The ICC focuses on a small number of cases involving the highest-level suspects for good reason – the cases can be extremely complex and costly to prosecute as they often involve numerous incidents over an extended period and showing links to suspects who may not have been physically present when crimes were committed. The cases tend to be highly sensitive given the profile of the suspects and present significant security and witness protection problems. Addressing these issues could be a major strain for Sudan’s authorities.

Meanwhile, there are more than enough opportunities for Sudanese authorities to bring justice for past crimes that go beyond the ICC’s five Darfur cases. There are no doubt dozens – maybe even hundreds –of other people who should be criminally investigated with a view to prosecution for mid to higher-level responsibility for atrocities in the conflicts in Southern Kordofan and Blue Nile and Darfur, along with attacks on protesters. Some people implicated in these abuses remain in official positions.

While news reports suggest there has been progress in a few domestic criminal investigations of past crimes, impunity overwhelmingly prevails and far more robust efforts are needed. Sudan should establish, without delay, the special court for crimes in Darfur provided for in the 2020 Juba peace agreement.

And, if the Sudanese authorities are pursuing charges for any of the ICC suspects for crimes other than those brought by the ICC, they can negotiate an opportunity for the suspects to face those charges back in Sudan. ICC procedures also potentially allow suspects to serve sentences in their own countries, if desired.

Sudan should not hold onto ICC fugitives in defiance of international obligations because they aspire to one day try them on Darfur crimes. This serves neither the victims nor the government, which could gain a lot of support for the transition with a prompt handover and could benefit from having greater resources to devote to the many other cases involving serious crimes that should be prosecuted.

Excerpt:

Fatou Bensouda, Chief Prosecutor of the International Criminal Court (ICC), briefs Security Council members during the open video conference in connection with the International Criminal Court and the situation in Libya. Courtesy: UN Photo/Evan Schneider

By Samira Sadeque
UNITED NATIONS, May 6 2020 (IPS)

The International Criminal Court (ICC) on Tuesday highlighted crimes against humanity and grave mismanagement of the law in Libya during a release of their latest report on the North African nation. 

Fatou Bensouda, Chief Prosecutor of the ICC, said enforced disappearances, arbitrary detentions, hate speech, and severe maltreatment of detainees remains a massive concern in the country that’s been caught in a civil war since 2014 with administrations in its capital Tripoli pitted against Benghazi. 

Bensouda warned of serious violence due to armed conflict in the region, resulting in a large volume of civilian casualties from air-strikes and shelling operations. She also called on “serious and urgent reforms” regarding the prison situation across the country.

“Arbitrary detention and serious mistreatment of detainees affects not only migrants and refugees but also thousands of other people detained in prisons and detention centres across Libya,” she said during the May 5 virtual briefing.

“Many people are detained without lawful basis or denied their fundamental procedural rights,” she said. 

Furthermore, those detained – many of whom are women and children – are put at risk for abuse such as murder, torture rape and other forms of sexual violence, she said. 

This is further strengthened by testimony from formal detainees who have claimed they were subject to “brutal methods of torture”.  

Many have died after being subject to torture and not being given access to timely medical care. 

She also noted that, “derogatory and dehumanising language” have permeated both traditional and social media. 

“This is cause for concern,” she said. “This type of language generates both hatred and fear in the community and deepens divisions within society. It sows the seeds of crimes against targeted groups of individuals and foments conditions in which mass atrocity crime can occur.”

“Leaders and prominent members of the community have a special responsibility to lead by example to refrain from hate speech,” she added. “Anyone who incites fear, hatred and division in the community causes harm not only to those targeted but also to society as a whole.”

Shortly following the ICC’s briefing on Tuesday, Stéphane Dujarric, Spokesman for United Nations Secretary-General António Guterres, said the U.N. Support Mission for Libya (UNSMIL) “remains concerned at the continued fighting in the country and reiterates its call for a cessation of hostilities during the holy month of Ramadan”. 

Dujarric added that the UNSMIL’s acting special representative Stephanie Williams remains engaged in outreach efforts with mediators as well as other international partners, including those involved with the Berlin Conference, in order to ensure that Libya can return to proper political process. The main objectives of the Berlin Conference, held in January, was to find consensus among concerned member states on the Libyan crisis.  

“It’s important that all the parties involved, whether Libyan or those who have influence over those parties, move in the same direction, and that is towards political talks,” Dujarric told the Associated Press at the briefing. 

The report came a little after the first anniversary since the Libyan National Army (LNA), a rebel group led by defected general Khalifa Haftar, orchestrated an attack to seize the Libyan capital Tripoli from the U.N.-recognised Government of National Accord (GNA).  

Since the coronavirus pandemic has become a priority for governments around the world, experts fear this may be putting the crisis in Libya on the backseat of international diplomacy and in turn giving way for the crisis to continue, according to recent analysis by the Armed Conflict Location & Event Data Project (ACLED). 

“As European officials shy away from the Libyan dossier to tackle the pandemic at home, there are concerns that efforts to secure a political solution to the conflict will be severely weakened,” ACLED said in an analysis shared in April.  

At the end of March, the Secretary-General had appealed for a global ceasefire in all conflict areas as communities — especially those who are in transit or in conflict — are at graver, more complicated risks of the coronavirus. 

Over a month later, Haftar announced a “truce” as the Muslim holy month of Ramadan began. However, GNA forces reportedly said they would not adhere to this temporary ceasefire as they did not trust him to keep his word.

On Tuesday, as the report was being released, Al Jazeera reported an attack by the GNA on an airbase under the control of Haftar’s leadership, ensuing in heavy fire exchange between forces on both sides. The airbase was reportedly a key facility that was used to attack GNA forces, according to the report.

A Rohingya girl goes to fetch water in Balukhali camp, Bangladesh. Credit: Umer Aiman Khan/IPS

By External Source
UNITED NATIONS, Nov 15 2019 (IPS)

Judges of the International Criminal Court (ICC) on Thursday authorized an investigation into alleged crimes against humanity, namely deportation, which have forced between 600,000 and one million Rohingya refugees out of Myanmar, into neighboring Bangladesh since 2016.

The pre-trial judges “accepted that there exists a reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as crimes against humanity of deportation across the Myanmar-Bangladesh border” the Court said in a press statement, in addition to “persecution on grounds of ethnicity and/or religion against the Rohingya population.”

After a reported military-led crackdown, widespread killings, rape and village burnings, nearly three-quarters of a million Rohingya fled Myanmar’s Rakhine state in August 2017 to settle in crowded refugee camps in neighboring Bangladesh.

The International Criminal Court (ICC) is the world’s only permanent criminal tribunal with a mandate to investigate and prosecute individuals who participate in international atrocity crimes, including genocide and crimes against humanity.
This is the second strike against the alleged crimes this week, as the tribunal’s decision follows a Monday submission by Gambia to the UN’s principal judicial organ, the International Court of Justice (ICJ), accusing Myanmar of “mass murder, rape, and genocidal acts” which violate its obligations under the Genocide Convention, in addition to destruction of villages, arbitrary detention, and torture.

As a member to the Genocide prevention treaty, Gambia “refused to stay silent”, and as a member of the Organisation of Islamic Cooperation (OIC), the small African nation has taken legal action to assist the persecuted majority-Muslim Rohingya, with support by other Muslim countries.

While the UN’s ICJ, known as the ‘World Court’, settles disputes submitted by States on a range of matters, the ICC is the world’s only permanent  criminal tribunal with a mandate to investigate and prosecute individuals who participate in international atrocity crimes, including genocide and crimes against humanity.

In July, the ICC’s top Prosecutor, Fatou Bensouda, requested an investigation be open into the alleged crimes committed since October of 2016, concerning Myanmar and Bangladesh.

At that time, her Office’s preliminary examination found “a reasonable basis” to believe that at least 700,00 Rohingya were deported from Myanmar to Bangladesh “through a range of coercive acts causing suffering and serious injury.”

Under the Rome Statute that created the ICC, which highlights crimes against humanity as one of its four crucial international crimes, the top Prosecutor concluded sufficient legal conditions had been met to open an investigation.

While Myanmar is not a State party to the treaty, Bangladesh ratified the Statute in 2010, meaning authorization to investigate does not extend to all crimes potentially committed in Myanmar, but will focus on violations committed in part on Bangladeshi territory, the ICJ said in July.

‘Only justice and accountability’ can stop the violence

Judges forming the pre-trial chamber, Judge Olga Herrera Carbuccia, Judge Robert Fremr, and Judge Geofreey Henderson received views on this request by or on behalf of hundreds of thousands of alleged victims.

According to the ICC Registry, victims insist they want an investigation by the Court, and many “believe that only justice and accountability can ensure that the perceived circle of violence and abuse comes to an end.”

“Noting the scale of the alleged crimes and the number of victims allegedly involved, the Chamber considered that the situation clearly reaches the gravity threshold,” the Court said.

The pre-trial Chamber in addition authorized the commencement of the investigation in relation to any crime, including future crime, so long as it is within the jurisdiction of the Court, and is allegedly committed at least in part in the Rome Statute State Party, Bangladesh, or any other territory accepting the jurisdiction.

The alleged crime must also be sufficiently linked to the present situation, and must have been committed on or after the date of the Statute’s entry into force for Bangladesh or the relevant State Party.

Judges from the ICC have given the greenlight for prosecutors to commence collection of necessary evidence, which could result in the judge’s issuance of summonses to appear in court or warrants of arrest. Parties to the Statute have a legal obligation to cooperate fully with the ICC, nonmembers invited to cooperate may decide to do so voluntarily.

This story was originally published by UN News

Fatou Bensouda, Prosecutor of the International Criminal Court is also a Gambian national. Credit: UN Photo/Manuel Elias.

By Lindah Mogeni
UNITED NATIONS, Dec 8 2016 (IPS)

The International Criminal Court (ICC) may have had a small reprieve this week from a string of African withdrawals, with Gambia’s newly elected President Adama Barrow telling various media outlets that there is no need for Gambia to leave the court.

Gambia, alongside Burundi and South Africa, was one of three African countries to announce it’s withdrawal from the ICC this year, with Namibia and Kenya rumoured to be close in heel.

Gambia’s questionable human rights record during outgoing President Yahya Jammeh’s twenty two year rule – may have put the West African country on the court’s radar. However under Jammeh’s leadership Gambia argued the reason for the withdrawal was that the ICC was institutionally prejudiced against people of colour, especially Africans. The withdrawal also followed Gambia’s repeated unsuccessful appeals for the Court to hold the European Union accountable for the deaths of thousands of African migrants who tried to cross over to its shores.

However, President-elect Barrow has praised the ICC for advocating good governance – which he intends for Gambia.

Addressing the UN General Assembly in September, Burundi’s Foreign Minister, Alain Nyamitwe, claimed that there are “politically motivated reasons which have pushed the ICC to act on African cases.”

Significantly, the ICC had announced its plan, in April, to launch an investigation into several human rights violations surrounding the upcoming elections and President Pierre Nkurunziza’s unconstitutional claim to remain in power for another term in Burundi.

South Africa’s notice of withdrawal from the ICC was considered a particular blow to the Court, since South Africa was one of the court’s founding members and among its strongest supporters.

The withdrawal came after South Africa failed to arrest Sudanese president Omar Al-Bashir, who had been indicted by the ICC, when he visited South Africa to attend the 2015 African Union (AU) Summit. As a result, the ICC accused South Africa of not complying with cooperation procedures – which seemingly fractured their relationship.

UN Secretary-General, Ban Ki-moon, told the UN Security Council that the ICC departures could “send a wrong message on these countries’ commitment to justice.”

Some members of the AU have been calling for an exodus from the ICC since tensions with the Court first began in 2009 after the ICC issued an arrest warrant for President Omar Al-Bashir.

However, there is no consensus in the AU to leave the ICC. Several African countries, including Zambia, Botswana, Tanzania, Malawi, Sierra Leone, Senegal and Nigeria have opposed withdrawal from the Court.

The perception that the ICC is biased towards Africa has intensified over the past few years.

The UN’s establishment of temporary tribunals in the 1990s for war crimes in Rwanda and Yugoslavia acted as roadmaps for the launch of the ICC in July 2002.

The Court’s primary objective was to serve as a permanent international tribunal tasked with conducting investigations and prosecuting perpetrators of genocide, crimes against humanity and war crimes.

Africa represents the largest regional grouping of countries that are parties to the ICC, with 34 African nations having ratified the treaty, the Rome Statute, which established the court.

Since the court’s formation 14 years ago, 9 out of 10 of its active cases have been against nationals of African countries.

These include, Central African Republic, Mali, Ivory Coast, Libya, Kenya, Sudan (Darfur), Uganda and the Democratic Republic of Congo. This is the main reason why the ICC is accused of selective justice.

There are three ways through which a case can be brought forth to the ICC. The first is via submissions by individual governments of the countries concerned, as was the case with Uganda, Democratic Republic of Congo and the Central African Republic. The second is via self-initiated interventions by the ICC Chief Prosecutor, as was the case with Kenya and Ivory Coast. The third is via a UN Security Council referral, as was the case with Sudan and Libya – both of which are not parties to the ICC.

Evidently, the ICC has self-intervened in only two African cases. The other African cases have all come to the ICC through referrals by the countries themselves or by the UN Security Council.

Regardless of the fact that there have been cases before the ICC that were self-referred by the relevant African countries themselves, “a concern persists that the ICC appears to be targeting Africa in pursuit of political expediency,” said South Africa’s Chief Justice Mogoeng Mogoeng in a speech addressing the Africa Legal Aid Conference (AFLA) in 2014.

“The reality is that gross human rights violations have taken place and continue to take place beyond the borders of Africa and yet, so say the critics of the ICC, there does not seem to be as much enthusiasm to deal with those atrocities as is the case with those committed in the African continent” said Mogoeng.

ICC Chief Prosecutor Fatou Bensouda, a Gambian national, said, “with due respect, what offends me most when I hear criticisms about the so-called African bias is how quick we are to focus on the words and propaganda of a few powerful, influential individuals and to forget about the millions of anonymous people that suffer from these crimes,” said at an ICC Open Forum in 2012.

The greatest affront to victims of war crimes and crimes against humanity is to “see those powerful individuals responsible for their sufferings trying to portray themselves as the victims of a ‘pro‐Western’, ‘anti‐African’ Court…the ICC was established as a shield for the powerless not a club for the powerful,” said Bensouda.

Universality and equality before the law is one of the core ideals of the ICC. However, 3 permanent members of the UN Security Council- United States, Russia and China – are not state parties to the ICC. This has fuelled the perception that the ICC is not impartial and is essentially a ‘third world court’.

In January this year, ICC Prosecutor Bensouda opened the court’s first formal investigation outside Africa, into Georgia, for war crimes committed during the 2008 Georgia-Russia war.

Currently the ICC is examining a situation in Gabon, referred to the court by the government of Gabon, as well as situations outside Africa – including Colombia, Palestine, Afghanistan, alleged war crimes by British soldiers in Iraq and by Ukrainian separatist and Russian forces in Ukraine.

“Pulling out of the ICC is not the solution, we should be working towards fixing the court,” said Botswana’s Foreign Minister Pelomoni Venson-Moitoi.

The International Criminal Court in the Hague, Netherlands. Credit: UN Photo/Rick Bajornas.

By Phoebe Braithwaite
UNITED NATIONS, Oct 1 2016 (IPS)

The International Criminal Court (ICC) will pay more attention to crimes of environmental destruction and land-grabs, according to a new policy paper published by the court.

This may see business executives and government officials in cahoots to exploit natural resources prosecuted for crimes that displace millions. 38.9 billion hectares – an area the size of Germany – has been leased to investors in resource-rich but cash-poor countries since 2000, Alice Harrison, Director of Communications at Global Witness, told IPS.

“It is an important acknowledgement that crimes against humanity are not exclusively perpetrated by warlords in so-called failed states, they can also be linked back to company directors in our financial capitals,” she said. The ICC has been criticised since it was set up in 2002 for convicting too few people and being too expensive. African leaders have also accused the courts of unfairly targeting their continent.

According to the policy paper, the court will pay special attention to crimes committed in light of “the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land” in the selection of cases. The proposal does not increase the Hague-based court’s mandate, established by the Rome Statute in 1998 to prosecute war crimes and crimes against humanity.

This has been hailed as a landmark shift in international criminal law that could reshape the way business is done in poorer countries. Global Witness have said that it shows the ICC adapting to the “modern dynamics of conflict,” to violations and displacements which happen in times of peace.

There are hopes that this change in policy signals good news for hundreds of thousands of victims of land grabbing in Cambodia, ten of whom are represented by international criminal law firm Global Diligence LLP, and whose case is currently under review at the ICC.

“The government talks about poverty reduction, but what they are really trying to do is to get rid of the poor. They destroy us by taking our forested land, 70 percent of the population has to disappear, so that 30 percent can live on. Under Pol Pot we died quickly, but we kept our forests. Under the democratic system it is a slow, protracted death. There will be violence, because we do not want to die,” a Cambodian victim of land grabbing recounts.

Speaking to IPS, Richard Rogers, who lodged the case with the ICC, said this is an indication that Prosecutor Fatou Bensouda “has accepted the argument of Global Diligence and others that the systemic crimes committed under the guise of ‘development’ are no less damaging to victims than many wartime atrocities – forced population displacement destroys entire communities and leads to massive suffering.”

“I feel very confident that the ICC Prosecutor will soon move forward with the case that I filed relating to the land grabbing and forcible evictions in Cambodia,” he said. “That case is a perfect test case for the new policy.”

But Senior Appeals Counsel at the ICC, Helen Brady, has disputed any connection between the two situations, saying that the Cambodian victims’ case and the policy document are “two completely separate things. We wrote a policy, and separately, we have under analysis in our office a preliminary examination going into the Cambodian [case],” she told IPS.

Brady, who also chaired the working group that came up with the policy document, stressed that the court’s policy on the selection of individual cases, which takes place after the decision to commence a full investigation into an overall series of crimes, is a distinct issue from whether the court decides to formally declare a preliminary examination into the Cambodian victims’ case, which will be determined by different means laid out in a policy document published in November 2013.

In fact, this earlier document already determines that cases where there is “social, economic and environmental damage inflicted on the affected communities” will be given special attention.

Yet it is clear that the recent announcement describes these kinds of environmental crime in more detail, even specifically mentioning “land grabbing” in its introduction. Paying heed to other major watchwords of supranational judicial bodies, it also refers to the increased vulnerability of victims instilled by terror, and of the trafficking of arms and persons.

Perhaps this isn’t the watershed moment environmental activists have been campaigning for, but it remains a promising step towards accountability for the victims of environmental crimes. “I think it’s highly important and it’s not just symbolic – it means something,” the ICC’s Helen Brady said.

Legal experts have played down the significance of the shift since the ICC’s mandate has not changed, with some saying this looks more like an attempt for the ICC to work with national judicial authorities in helping them to prosecute crimes of this kind, provided for in the paper’s seventh clause.

As it stands the ICC can only prosecute Rome Statute crimes if the perpetrator comes from one of the 124 countries that have ratified its statute, or if the UN refers a case. Three of the five members of the UN Security Council – the US, Russia and China – have not ratified the court’s statute and can veto crimes referred to it.

Nevertheless, as Rogers argues, should the Cambodian victims see a fair hearing, prosecution for environmental crimes would be entering new waters: “the impact of the new ICC focus can be enormous. Those who commit land grabbing and related crimes have a lot to lose – they tend to be government ministers and businessmen with reputations to protect. Therefore, they are far more likely to change their behavior than regular war criminals,” Rogers said.

In Cambodia, 10 percent of the country’s land has already been carved up among 230 companies. There are estimates that 770,000 people have been affected by land grabs in Cambodia since 2000, 6 percent of Cambodia’s total population.

“Chasing communities off their land and trashing the environment has become a common and accepted way of doing business,” Harrison said.

“More than three people a week – ordinary citizens – are murdered for defending their land, forests and rivers against destructive industries like mining, logging and agribusiness. These numbers are increasing. In 2015 we documented 185 deaths – by far the highest annual death toll on record.”

Women are disproportionately targeted in these killings, which were brought greater attention after Honduran activist Berta Caceres’ high profile murder in March.

By Thalif Deen
UNITED NATIONS, Aug 7 2015 (IPS)

As part of a politically-amusing annual ritual, the guessing game is on at the United Nations: will he, or will he not, address the General Assembly, along with more than 150 heads of state who are due in New York next month?

Sudan’s President Omar Hassan al-Bashir, who has been indicted on war crimes charges by the International Criminal Court (ICC), is reportedly toying with the idea of defying the international community once again – as he did in South Africa in June — and appearing before the U.N.’s highest policy making body when it begins its general debate, come Sep. 28.“Even though we’re not a party to the Rome statute of the ICC, we have strongly supported the ICC’s efforts to hold accountable those responsible for war crimes and crimes against humanity and genocide in Darfur. So I’ll just leave it at that.” -- U.S. State Department deputy spokesperson Mark Toner

This will be his third attempt to address the General Assembly, the last two being aborted.

However, his proposed visit to New York this time has been accompanied, as usual, by a rash of widespread rumours: will he be arrested on his way from the airport and handed over to the ICC? Does the United States, which is not a party to the ICC statute, have the legitimate right to do so?

Elise Keppler, Acting Director, International Justice Programme at Human Rights Watch, told IPS, “Sudanese President Omar al-Bashir belongs in one place only, the International Criminal Court, where he faces outstanding warrants for genocide, war crimes and crimes against humanity committed in Darfur.”

“A visit by al-Bashir to the U.N. would not only be an affront to Darfuri victims, but a brazen challenge to the U.N. Security Council, which was responsible for sending Darfur to the ICC for investigation in the first place in 2005,” she added.

Still, will the U.S. Embassy in the Sudanese capital of Khartoum provide him with an entry visa which the United States has rarely denied to visiting heads of state because it is mandated to facilitate the working of the United Nations under what is called the Headquarters Agreement with the host country?

But so far neither the United Nations nor the U.S. State Department is willing to provide any answers.

Asked about the proposed visit, Mark Toner, the U.S. State Department’s deputy spokesperson told reporters: “We’ve seen reports that President Bashir plans to speak at the U.N. summit in September – Summit for Development. We don’t have any further information at this time.”

“We can’t, frankly, talk about individual visa cases or disclose any details from it. We’re prohibited by law from doing so,” he said.

More broadly, “Even though we’re not a party to the Rome statute of the ICC, we have strongly supported the ICC’s efforts to hold accountable those responsible for war crimes and crimes against humanity and genocide in Darfur. So I’ll just leave it at that.”

Asked if the Sudanese president will be arrested if he arrived in New York, Toner said: “Again, I’m not going to get out and speak to hypotheticals. We haven’t received any word that he’s intending to go there. And frankly, if we did, I couldn’t speak to it from here. Sorry about that.”

Addressing the U.N.’s Legal Committee last year, Hassan Ali, a senior Sudanese diplomat, told delegates, “The democratically-elected president of Sudan, Omar Hassan Al-Bashir, had been deprived of the opportunity to participate in the General Assembly (last year) because the host country, the United States, had denied him a visa, in violation of the U.N.-U.S. Headquarters Agreement.”

Furthermore, he complained, the host country also applied arbitrary pressures on foreign missions, “depending on how close a country’s foreign policy is to that of the United States.”

“It was a great and deliberate violation of the Headquarters Agreement,” he said, also pointing to the closing of bank accounts of foreign missions and diplomats as another violation.

“Those missions have now been without bank accounts for some three years,” he added.

A denial of a U.S. visa amounts to violations of specific international agreements such as the Vienna Convention on Diplomatic Relations of 1961, and particularly the U.N. Headquarters Agreement, entered into by the U.S. and the U.N. in 1947 and unanimously ratified by Congress.

In response to the U.S. refusal to grant a visa to Palestinian leader Yassir Arafat in 1988, the General Assembly had to move its meeting to Geneva at huge expense and inconvenience.

In June al-Bashir, in complete defiance of the international community, participated in an African Union (AU) summit meeting in Johannesburg, South Africa.

But he left the country hours before a South African court issued an interim order to prevent the president from leaving the country.

Peppered with questions early this week, U.N. Deputy Spokesperson Farhan Haq, was non-committal.

“Well, I don’t speak on behalf of the ICC, but what is clear and what the Secretary-General has said repeatedly is that he believes that the Member States of the U.N. system need to take the warrant issued by the International Criminal Court seriously, and, of course, as you know, there are relevant resolutions of the Security Council also about this matter, which we expect the Member States will abide by.”

Asked if al-Bashir will be visiting the U.N., Haq said “Well…at this stage, I’m not… I’m not aware that this is confirmed. I am aware of what the (Sudanese) Permanent Mission has said on this, but at this stage, I’m not aware of what the arrangements are for this.”

“And we’ll have to see how that goes. But certainly, we have continued to treat the matter of the ICC prosecutions regarding Darfur seriously, and we believe all Member States should do so,” he added.

Pressed further on the issue of a U.S. visa, Haq said the basic understanding is that the Heads of State and Government who come for the general debate will be able to come to the United States in order to speak (at the U.N.)

“As you know, there have been some disputes about this over the years, but the general rule has been that,” he noted.

Asked if the United States could refuse a visa and not let him into the country, or arrest him at the airport, even though the U.S. is not a signatory to the ICC, Haq said: “That would essentially be a matter to ask the United States Government… I wouldn’t comment on what they may or may not do.”

Asked if it is his understanding that immunity would attach to all Heads of State in transit between the arrival point in the United States and the U.N. Headquarters, Haq said, “It is basically a question based on a speculative question, so I wouldn’t go further on that realm of speculation.”

“Regarding the issue of immunity, that is covered in a number of treaties including the Vienna Conventions, and I would just refer you to those,” he said.

Edited by Kitty Stapp

The writer can be contacted at thalifdeen@aol.com

Calling for an end to “an epidemic of kidnapping blighting” Libya, Amnesty International has faulted the International Criminal Court (ICC) for failing to undertake any investigations into crimes under international law committed by armed groups in the last four years.

Amnesty, a global movement of more than 7 million people fighting injustice and defending human rights, has urged the international community to increase its support to the ICC to investigate war crimes and crimes against humanity in Libya.

Launching a campaign digest, ‘Vanished off the face of the earth’: Abducted civilians in Libya, Amnesty said rampant abductions by armed groups had become a part of daily life in Libya since 2011 when Muammar Gaddafi was deposed after four decades of authoritarian rule.

“More than 600 people have gone missing between February 2014 and April 2015 according to the Libyan Red Crescent Society (LRCS), and the fate and whereabouts of at least 378 remain unknown, though the real numbers are likely to be much higher,” Amnesty said in a press release on Aug 5.

Said Boumedouha, Acting Director of Amnesty International’s Middle East and North Africa Programme, said: “Civilians in Libya are living on a knife edge. Widespread lawlessness and chaos have been exacerbated by routine abductions, as armed groups tighten their stranglehold on the country.”

Hundreds of civilians had been abducted on a whim simply because of where they were from, or because they were believed to support a rival political group, he added. In many cases, they were kept hostage to pressure an armed group into a prisoner exchange or to coerce the family to pay a ransom.

“The collapse of central authority and the absence of law enforcement and a functioning justice system in Libya has created an atmosphere of pervasive impunity which has allowed perpetrators of such abductions to evade prosecution and accountability,” Boumedouha said.

Amnesty pointed out that those abducted by armed groups were routinely tortured or otherwise ill-treated in detention.

“Many are beaten, threatened with death, held blindfolded for several days, verbally and physically assaulted and often tortured with electric shocks or forced into stress positions. Several have died after being tortured or were summarily killed – their bodies later dumped on the side of the road,” the global human rights organisation said.

Those abducted include activists, public officials and other civilians seized by unknown assailants based on their political affiliations or in relation to their work. Among them, Amnesty said, were 71-year-old former General National Congress member, Suleiman Zobi, and Abdel Moez Banoun, a political rights activist and blogger. He was kidnapped from a parked car near his home after speaking out against the presence of militias in Tripoli and organizing protests on this theme, according to Amnesty.

Banoun is reported to have been missing for more than 300 days. His brother said he had “vanished off the face of the earth”. Nasser al-Jaroushi, a prosecutor, was abducted after investigating the murder of human rights activist Salwa Bugaighis as well as looking into criminal drug gangs.

Humanitarian aid workers Mohamed al-Tahrir Aziz, Mohamed al-Munsaf al-Shalali and Waleed Ramadan Shalhoub were abducted on June 5 as they were on their way to distribute supplies to towns affected by fighting in southwest Libya.

Others who face abductions, according to Amnesty, include migrant workers, foreign consular staff, and members of the Tawargha community who were displaced from their hometown in 2011.

Edited by Kitty Stapp

Unarmed Palestinian confronts Israeli soldiers during protest near Jelazon refugee camp, north of Ramallah, West Bank. Credit: Mel Frykberg/IPS

By Mel Frykberg
RAMALLAH, West Bank, Mar 17 2015 (IPS)

As soon as the truck carrying Israeli dairy products entered Ramallah’s city centre it was surrounded by Palestinian activists who proceeded to remove and trash almost 20,000 dollars’ worth of mainly milk and yoghurt.

The driver of the truck, a Palestinian from the nearby Qalandia refugee camp, and an Israeli employee fainted after watching helplessly.

The goods, already paid for by Palestinian shopkeepers, were smashed up and stomped on before they were spread all over the street in front of the Palestinian police stationed at the traffic circle.

Activists from the Palestinian Authority (PA)-affiliated Fatah movement are behind a boycott of Israeli goods throughout the West Bank.“The strength of the grassroots organisations’ action against Israel is not going to go away anytime soon and will only continue to grow in strength internationally” – Professor Samir Awad of Birzeit University

The boycott follows the withholding by Israel of millions of Palestinian tax dollars in retaliation for the PA advancing plans to take Israel to the International Criminal Court (ICC) for alleged Gaza war crimes and abuses in the West Bank.

“We have entered the second phase of the campaign which is confiscating and damaging these goods,” said Abdullah Kamal, who is the leader of the campaign.

Several weeks earlier, the campaign had involved Kamal and his associates making the rounds of shops in Ramallah and ordering shopkeepers to rid their stores of Israeli produce and being warned not to purchase any more. Similar moves are under way in other cities of the occupied West Bank.

Although the Palestinian territories are not a huge part of Israel’s domestic market, the move is part of a number of grassroots campaigns of defiance by Palestinians against Israel’s occupation of the West Bank and its siege of Gaza.

“The local boycott by Palestinians is peaceful and a way of exerting some pressure on Israel even if it not very strong,” Professor Samir Awad, a political scientist from Birzeit University near Ramallah, told IPS

“The least Palestinians can do is not finance the occupation.”

A more serious development, from Israel’s point of view, was a recent vote by the Palestine Liberation Organisation’s (PLO) executive committee in favour of discontinuing security coordination with Israel’s intelligence and security services.

Palestinians have long accused the PA of being Israel’s sub-contractor to the occupation and the Israelis rely on this security coordination to prevent another Palestinian uprising and control armed resistance.

A final decision on breaking off security coordination lies with PA President Mahmoud Abbas.

“The situation on the ground is getting serious and it is possible that Abbas could make this decision before the end of the month,” Fatah member Murad Shitawi told IPS.

“We will not accept the continuing occupation with its economic and security implications,” said Shitawi, who is the coordinator of protests in the northern West Bank village of Kafr Qaddoum, and who was recently released from an Israeli jail.

Every Friday, dozens of villages throughout the West Bank and Gaza take part in protests against Israel’s expropriation of Palestinian land and the occupation despite the huge toll this has taken on Palestinians in terms of the number wounded and killed.

Shitawi pointed out that four or five years ago there were only a few villages taking part in regular protests on a weekly basis.

“Now there are many and the protests are not limited to Friday.”

Another act of Palestinian defiance has been the repeated building of protest tents and villages in Area C of the West Bank, 60 percent of the territory, in protest against Israel’s forced removal of Bedouins and other Palestinians who have lived there for centuries.

Israel has designated Area C off limits to Palestinians and exclusively for Israeli settlers, which is illegal under international law.

One of these protest camps near the village of Abu Dis, just outside Jerusalem, has been rebuilt 10 times after Israeli security forces rased it, confiscated equipment and arrested and assaulted activists who had encamped there.

Furthermore, Palestinian grassroots activists are also working in conjunction with their international supporters, and with Israeli peace groups, to up the pressure on Israel as the international Boycott, Disinvestment and Sanctions (BDS) campaign continues to strengthen.

A growing number of global businesses, church and university groups and artists are either refusing to visit Israel, do business with Israeli companies involved in the West Bank, or are boycotting Israeli institutions operating abroad.

Israel Apartheid Week, “an international series of events that seeks to raise awareness about Israel’s apartheid policies towards the Palestinians and to build support for the growing BDS campaign” was held in a number of capitals across the globe during March.

Israeli peaceniks and grassroots activists have been among some of the most vocal critics of their government’s policies towards the Palestinians, spawning a number of organisations which take part in the weekly protests.

Groups such as Ta’ayush, Breaking the Silence, Ir Amim and Rabbis for Human Rights seek to educate people about the realities of life under occupation.

Some of them also accompany Palestinian farmers trying to cultivate their land under continued settler harassment.

“The strength of the grassroots organisations’ action against Israel is not going to go away anytime soon and will only continue to grow in strength internationally,” Awad told IPS.

“The PA will also continue with its plans to take Israel to the ICC and should Israel continue to withhold Palestinian tax money indefinitely, the PA could collapse and the result would be chaos.” (END/2015)

Edited by Phil Harris

Sahar Baker (left), with Ahed Baker (right) and sister-in-law in front of their beach camp house, with photographs of the four cousins killed by Israeli gunboats in summer 2014 while playing football on the beach in Gaza. Credit: Khaled Alashqar/IPS

By Khaled Alashqar
GAZA CITY, Mar 3 2015 (IPS)

“I have lost all meaning in life after the death of my child, I will never forgive anyone who caused the tearing apart of his little body.  I appeal to all who can help and stand with us to achieve justice and punish those who killed my child.”

As the tears rolled down her cheeks and with a rattle in her voice, 47-year-old Sahar Baker recalled the last moments of her ten-year-old son Ismail, who was killed along with three of his cousins after being targeted by Israeli gunboats while they were playing football on the beach during the Israeli attacks on Gaza last summer."We will not forget how our children were killed in cold blood without any reason. We hope that the Israeli army commanders will be tried before international justice and that they will be punished for the killing of the children" – Ahed Baker

Sahar’s plea for justice may soon be one step nearer now that the Palestine Government is set to formally join the International Criminal Court (ICC), which deals with war crimes, crimes against humanity and genocide.

Palestinian President Mahmoud Abbas signed the Rome Statute, the ICC’s founding treaty, on Dec. 31, after the U.N. Security Council rejected a Palestinian attempt to set a deadline for Israel to end its occupation of territories it captured in 1967. U.N. Secretary General Ban Ki-moon has said the Palestinians will formally join the ICC on Apr. 1.

Mohammad Shtayyeh, a member of the executive committee of the Palestine Liberation Organisation (PLO), is reported as having said that a first complaint will be filed against Israel at the ICC on Apr. 1 over the Israeli war against Gaza last year and Israeli settlement activity.

Palestinian membership of the ICC “provides an opportunity to raise the issues on Israel’s use of force based on occupation and crimes against the people and the land in Palestine, where we did not have the capacity before to sue Israel for its crimes against the Palestinians,” Palestinian Foreign Minister Riad Al-Malki told the press during a visit to Brazil to attend the inauguration ceremony of President Dilma Rousseff at the beginning of January.

The Baker family, who live in a beach camp in Gaza, is now hoping that Palestinian membership of the ICC will open the door for the prosecution of Israeli leaders and army officers for their crimes.

Sahar’s cousin Ahed Baker, father of Zakaria (10) and grandfather of Ahed Atif (9), shares her pain and bitterness. He is still looking for a way to bring the Israeli army to trial for the murder of his son and grandson, another two of the four young cousins killed on the beach. He told IPS that he and his family would do everything possible to ensure that their case makes its way to the ICC.

Sahar Baker holds a photograph of her ten-year-old son Ismail, killed along with three of his cousins during the Israeli attacks on Gaza in summer 2014. Credit: Khaled Alashqar/IPS

“We will not forget how our children were killed in cold blood without any reason,” said Ahed. “We hope that the Israeli army commanders will be tried before international justice and that they will be punished for the killing of the children.”

Palestinian leaders have long waved the card of membership of the ICC as a form of pressure on the Israeli government in their attempt to secure a Palestinian state.

However, apart from its political and legal benefits, Palestinian membership of the international court has created some serious implications for the Palestinians.

Israel has already frozen the transfer to the Palestinian Authority of tax funds owed to it. These funds are generally allocated for the salaries of Palestinian public employees and government operating expenses in Gaza and the West Bank, and the freeze is hampering the functioning of the Palestinian Unity Government and undermine the already weak public sector in Palestine.

Israel has also indicated that further ‘punitive’ steps will be taken soon against the Palestinians as a result of joining the ICC. Membership of the ICC thus appears to be the start of a new lengthy battle for Palestinians.

Some Palestinian human rights centres, including the Al Mezan Centre for Human Rights in Gaza City, are now working against the clock to compile documentation on the numerous cases of civilians who were killed during last summer’s Israeli war against Gaza, to be able to submit all the documents required for the ICC to investigate war crimes in Gaza and hold Israel accountable.

“Over the long years of occupation, there has been no equity for civilian victims and this, in my point of view, was a key reason that Israel waged three wars in less than five years. In fact, it has been due to the absence of justice and a sense that occupation is immune to accountability,” Issam Younis, Director of the Al Mezan Centre told IPS.

“Going to the ICC will bring justice to victims through international justice and ensure that there are no repeated offences of occupation without accountability,” he said.

According to Palestinian human rights advocates, membership of the ICC carries two overlapping purposes for Palestinian people and their leaders.

For the Palestinian people, of Gaza in particular, it not only opens an important door to achieving justice but also helps to criminalise the entire Israeli occupation establishment and its vicious atrocities against humanity.

For the Palestinian leadership, on the other hand, it seeks to strengthen the political, legal and diplomatic status of Palestine at the international level and pressure Israel to accept the creation of an independent Palestinian state in future negotiations.

What underpins the two goals is a historical desire for real justice and protection. Whether the ICC can deliver, only time will tell.

Edited by Phil Harris   

Protestors gather outside the White House to demonstrate against torture on the 10th anniversary of the opening of the U.S. prison facility at Guantánamo Bay, Cuba. Charles Davis/IPS

By Thalif Deen
UNITED NATIONS, Mar 2 2015 (IPS)

The United Nations High Commissioner for Human Rights (UNHCHR) Zeid Ra’ad Al Hussein has criticised member states for ‘cherry-picking’ human rights – advocating some and openly violating others – perhaps to suit their own national or political interests.

Despite ratifying the U.N. charter reaffirming their faith in fundamental human rights, there are some member states who, “with alarming regularity”, are disregarding and violating human rights, “sometimes to a shocking degree,” he said.

“One Government will thoroughly support women’s human rights and those of the lesbian, gay, bisexual and transgender (LGBT) community, but will balk at any suggestion that those rights be extended to migrants of irregular status. Another State may observe scrupulously the right to education, but will brutally stamp out opposing political views." -- United Nations High Commissioner for Human Rights Zeid Ra’ad Al Hussein
Addressing the opening session of the Geneva-based Human Rights Council (HRC) Monday, Zeid faulted member states for claiming “exceptional circumstances” for their convoluted decisions.

“They pick and choose between rights,” he pointed out, without identifying any member state by name.

“One Government will thoroughly support women’s human rights and those of the lesbian, gay, bisexual and transgender (LGBT) community, but will balk at any suggestion that those rights be extended to migrants of irregular status.

“Another State may observe scrupulously the right to education, but will brutally stamp out opposing political views,” he noted.  “A third State will comprehensively violate the political, civil, economic, social and cultural rights of its people, while vigorously defending the ideals of human rights before its peers.”

Asked for her response, Peggy Hicks, global advocacy director at Human Rights Watch (HRW) told IPS, “Prince Zeid has hit the nail on the head.”

If every government that professed a commitment to human rights followed through consistently, she added, “we’d have a much different – and better – world.”

In an ironic twist apparently proving Zeid’s contention, U.S. Secretary of State John Kerry lashed out at the “appalling human rights record” of several nations, blasting Syria and North Korea while singling out human rights violations in Crimea and by separatists in Ukraine.

But he did not condemn the devastation caused by Israel’s 50-day aerial bombardments of Palestinians in Gaza last year nor the rocket attacks on Israel by Hamas.

The death toll in the Gaza bombings was 1,976 Palestinians, including 1,417 civilians and 459 children, according to figures released by the United Nations, compared with the killing of 66 Israelis, including two soldiers.

The Palestinians have accused Israel of war crimes and are pushing for action by the International Criminal Court (ICC) in The Hague: a move strongly opposed by the United States.

Kerry told the HRC the United States believes that it can continue to make progress and help the U.N. body fulfill its mandate to make the world a better and safer place.

“But for that to happen, we have to get serious about addressing roadblocks to our own progress. And the most obvious roadblock, I have to say to you, is self-inflicted,” he said.

“I’m talking, of course, about HRC’s deeply concerning record on Israel,” Kerry added.

“No one in this room can deny that there is an unbalanced focus on one democratic country,” he said, as he openly advocated the cause of Israel, one of the closest political and military allies of the United States.

And no other nation, he said, has an entire agenda item set aside to deal with it. Year after year, there are five or six separate resolutions on Israel, he told delegates.

This year, he said, there was a resolution sponsored by Syrian President Bashar al Assad concerning the Golan (which has been occupied by Israel since the 1967 war).

“How, I ask, is that a sensible priority at the very moment when refugees from Syria are flooding into the Golan to escape Assad’s murderous rule and receive treatment from Israeli physicians in Israeli hospitals?”

Kerry referred to the Council’s “obsession” with Israel, which, he argued, “actually risks undermining the credibility of the entire organisation.”

Zeid told the HRC the only real measure of a Government’s worth is not its place in the “solemn ballet of grand diplomacy” but the “extent to which it is sensitive to the needs – and protects the rights – of its nationals and other people who fall under its jurisdiction, or over whom it has physical control.”

Some policy-makers persuade themselves that their circumstances are exceptional, creating a wholly new reality unforeseen by the law, Zeid said, adding that such logic is abundant around the world today.

“I arrest arbitrarily and torture because a new type of war justifies it. I spy on my citizens because the fight against terrorism requires it. I don’t want new immigrants, or I discriminate against minorities, because our communal identity is being threatened now as never before. I kill without any form of due process, because if I do not, others will kill me,” he noted.

“And so it goes, on and on, as we spiral into aggregating crises,” Zeid declared.

Edited by Kanya D’Almeida

The Koreas on the globe. Credit: TUBS/ Licensed under CC BY-SA 3.0 via Wikimedia Commons

By Ahn Mi Young
SEOUL, Feb 18 2015 (IPS)

The two Koreas are an odd match – both are talking about possible dialogue but both have different ideas of the conditions, and that difference comes from the 62-year-old division following the 1950-53 Korean War.

During this time, North Korea has become a nuclear threat – estimated to possess up to ten nuclear weapons out of the 16,300 worldwide (compared with Russia’s 8,000 and the 7,300 in the United States) according to the Ploughshares Fund’s report on world nuclear stockpiles – and South Korea has become the world’s major economic success story.

In a national broadcast on Jan. 16, South Korean president Park Geun Hye presented her vision for reunification by using the Korean word ‘daebak‘ (meaning ‘great success’ or ‘jackpot’). “If the two Koreas are united, the reunited Korea will be a daebak not only for Korea but also for the whole world,” she said.North Korea has become a nuclear threat – estimated to possess up to ten nuclear weapons out of the 16,300 worldwide – and South Korea has become the world's major economic success story

Since she became leader of the South Korea’s conservative ruling party in 2013, Park has been referring to a new world that would come from a unified Korea. Her argument has been that if the two Koreas are reunited, the world could be politically less dangerous – free from the North Korea’s nuclear threat – and a united Korea could be economically more prosperous by combining the South’s economic and cultural power and the North’s natural resources and discipline.

Denuclearisation has been set as a key condition for daebak to come about. At a Feb. 9 forum with high-ranking South Korean officials, President Park said that “North Korea should show sincerity in denuclearisation efforts if it is to successfully lead its on-going economic projects. No matter how good are the programmes we may have in order to help North Korea, we cannot do so as long as North Korea does not give up its nuclear programme.”

However, observers have said North Korea has no reason to give up its nuclear weapons as long as it depends on its nuclear capability as a bargaining chip for political survival.  “Nuclear capabilities are the North’s only military leverage to maintain its regime as it confronts the South’s economic power,” said Moon Sung Muk of the Korea Research Institute of Strategies (KRIS).

In fact, there are few signs of changes. North Korea has conducted a series of rocket launches, as well as three nuclear tests – all in defiance of the U.S. sanctions that are partially drying up channels for North Korea’s weapons trade.

Amid recent escalating tension between Washington and Pyeongyang over additional sanctions, activities at the 5-megawatt Yongbyon reactor in North Korea which produces nuclear bomb fuel are being closely watched to monitor whether the North may restart the reactor.

In the meantime, South Korea has been denying the official supply of food and fertilisers to North Korea under the South Korean conservative regimes that started in 2008.

During the liberal regime of 2004-2007, South Korea was the biggest donor of food and fertilisers to North Korea.

Then there appeared to be a glimmer of hope when North Korea’s enigmatic young leader Kim Jong Un presented a rare gesture of reconciliation towards South Korea in his 2015 New Year’s speech broadcast on Korean Central Television on Jan. 1.

“North and South should no longer waste time and efforts in (trying to resolve) meaningless disputes and insignificant problems,” he said. “Instead, we both should write a new history of both Koreas … There should be dialogue between two Koreas so that we can re-bridge the bond that was cut off and bring about breakthrough changes.”

In his speech, the North Korean leader even went as far as suggesting a ‘highest-level meeting’ with the South Korean president. “If the South is in a position to improve inter-Korean relations through dialogue, we can resume high-level contacts. Also, depending on some circumstances and atmospheres, there is no reason we cannot have the highest-level meeting (with the South).”

In South Korea, hopes for possible inter-Korean talks have been subdued. “What North Korea wants from dialogue with the South is not to talk about nuclear or human rights, but to have the South resume economic aid,” said Lee Yun Gol, director of the state-run North Korea Strategic Information Centre (NKSIS).

The government in Seoul remains cautious about Pyongyang’s peace initiatives. “We are seeing little hope for any rosy future in inter-Korean relationships in the near future, although we are working on how to prepare for the vision of ‘daebak‘,” said Ryu Gil Jae, South Korean reunification minister, in a Feb. 4 press conference.

North Korean observers have said that economic difficulties have been pushing the North Korean government to relax its tight state control over farm private ownership. North Korean farmers can now sell some of their products in markets nationwide, in a gradual shift towards privatised markets.

Further, according to Chinese diplomatic academic publication ‘Segye Jisik’ (세계 지식), quoted by the South Korean news agency Yonhap News, the North Korean economy has improved since its new leader took office in 2012. From a 1.08 million ton deficit in stocks to feed the 20 million North Koreans in 2011, the deficit now stands at 340,000 tons.

According to observers, this report, if true, could send the signal that if North Korea is economically better off, it may be politically willing to reduce its dependence on the nuclear card in any bargaining process with South Korea.

U.S. sanctions have been used in the attempt to force North Korea to denuclearise, thus restricting North Korea’s trade, and the U.S. government levied new sanctions against North Korea on Jan. 2 this year in response to a cyberattack against Sony Pictures Entertainment. The FBI accused North Korea of the attack in apparent retaliation for the film, The Interview, a comedy about the assassination of North Korean leader Kim Jong Un.

But, while sanctions may work in troubling ordinary North Koreans concerned with meeting basic food needs, they have little impact on the North Korean government. “North Korea’s trade with China has become more prosperous and most of North Korea’s deals with foreign partners are behind-the-scene deals,” said Hong Hyun Ik, senior researcher at the Sejong Research Institute.

And, in response to the threat that it may be referred to the International Criminal Court (ICC), on the basis of U.N. findings on human rights, Kim Jong Un reiterated: “Our thought and regime will never be shaken.”

South Korea may now stand as the only hope for North Korea, as the United States and the United Nations gather to turn tough against the country over the human rights issue, and South Korea may find itself faced with a ‘two-track’ diplomacy between the hard-liner United States and its sympathy for the North Korean people.

In past decades, North Korea has usually played out a game with the United States and South Korea. “In recent year, the United States has been using ‘stick diplomacy’ against the North Korea, while South Korea may want to shift to ‘carrot diplomacy’,” said Moon Sung Muk of the Korea Research Institute of Strategies (KRIS).

“The Seoul government knows that the pace of getting closer to the North should be constrained by U.N. or U.S. moves,” Moon added.

Edited by Phil Harris    

By Christine Ahn and Suzy Kim
HONOLULU, Dec 2 2014 (IPS)

On Nov. 18, a committee of the United Nations General Assembly voted 111 to 19, with 55 abstentions, in favour of drafting a non-binding resolution referring North Korea to the International Criminal Court (ICC).

Christine Ahn

While there is overwhelming evidence that economic and political conditions in North Korea must improve, missing from debates in U.N. corridors is the fact that the unresolved Korean War (1950-1953) underlies North Korea’s human rights crisis."While there is overwhelming evidence that economic and political conditions in North Korea must improve, missing from debates in U.N. corridors is the fact that the unresolved Korean War (1950-1953) underlies North Korea's human rights crisis"

After claiming up to four million lives with at least one member of every family in North Korea killed by the war, the Korean War was halted by an armistice agreement signed by North Korea, China and the United States representing the United Nations Command.

Suzy Kim

As James Laney, U.S. Ambassador to South Korea during the 1990s explains, “one of the things that have bedevilled all talks until now is the unresolved status of the Korean War” and he prescribes the “establishment of a peace treaty to replace the truce.”

What does the past have to do with the present state of human rights in North Korea?

The continued state of war affects the human rights of North Korean people today in at least two ways. Domestically, the North Korean government prioritises military defence and national security over human security and political freedoms. Internationally, North Koreans suffer due to political isolation and economic sanctions.

The fact that the Korean War ended with a temporary ceasefire rather than a permanent peace treaty gives the North Korean government justification – whether we like it or not – to invest heavily in the country’s militarisation.

According to the South Korean government’s Institute of Defense Analyses, North Korea invests approximately 8.7 billion dollars – or one-third of its GDP – on defence.

Pyongyang even acknowledged last year how the un-ended war has forced it “to divert large human and material resources to bolstering up the armed forces though they should have been directed to the economic development and improvement of people’s living standards.”

Since military intervention is not an option, the Barack Obama administration has used sanctions to pressure North Korea to denuclearise. Instead, North Korea has since conducted three nuclear tests, calling sanctions “an act of war”.

That is because sanctions have had deleterious effects on the day-to-day lives of ordinary North Korean people. “In almost any case when there are sanctions against an entire people, the people suffer the most and the leaders suffer least,” said former U.S. President Jimmy Carter on his last visit to North Korea.

International sanctions have made it extremely difficult for North Koreans to access basic necessities, such as food, seeds, medicine and technology. Felix Abt, a Swiss entrepreneur who has conducted business in North Korea for over a decade says that it is “the most heavily sanctioned nation in the world, and no other people have had to deal with the massive quarantines that Western and Asian powers have enclosed around its economy.” 

Whether in Pyongyang, Seoul or Washington, the threat of war or terrorism has been used to justify government repression and overreach, such as warrantless surveillance, imprisonment and torture (“enhanced interrogation techniques”) in the name of preserving national security.

In South Korea, one of the liberal opposition parties, the Unified Progressive Party, is currently on trial in the Constitutional Court on charges made by the Park Geun-hye government that its members conspired with North Korea to overthrow the South Korean government.

Amnesty International says that this case “has seriously damaged the human rights improvement of South Korean society which has struggled and fought for freedom of thoughts and conscience and freedom of expression.”

In the coming days, the U.N. General Assembly will vote on whether the U.N. Security Council should refer North Korea to the ICC, although it is likely to be vetoed by China and Russia. The United Nations vote, while lofty in principle, actually serves to further isolate Pyongyang, which will likely retreat even further behind its iron curtain.

“We’ve said from day one that if North Korea wants to rejoin the community of nations, it knows how to do it,” U.S. Secretary of State John Kerry has said, referring to the precondition of denuclearisation for talks.

Instead of relying on the failed Washington policy of “strategic patience” it is time for a bold move that will truly bring North Korea into the community of nations, leaving no excuse to delay addressing human rights – sign a peace treaty to end the state of war. (END/IPS COLUMNIST SERVICE)

(Edited by Phil Harris)

The views expressed in this article are those of the authors and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service. 

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