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Situations under Preliminary Examination: Recent News and Statements

11 Aug 2011

Dear All,

Please find below information regarding developments in some of the situations
currently under preliminary examination by the Office of the Prosecutor (OTP) of
the International Criminal Court (ICC).

To date, the ICC has opened investigations in six situations: the Central
African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo; Kenya;
and Libya. The ICC Prosecutor recently requested authorization from judges to
open a seventh investigation in Côte d'Ivoire. In addition, the ICC Office of
the Prosecutor has made public that it is examining information about a number
of situations around the world in order to determine whether an investigation
should be opened. According to public and official statements by the ICC, the
OTP is looking into alleged crimes committed in Afghanistan, Colombia, Georgia,
Guinea, Honduras, Korea, Nigeria, and the Occupied Palestinian Territories. To
date the OTP has published the conclusions of its preliminary examination into
alleged crimes committed in Iraq and Venezuela.

This message includes statements from members of the Coalition for the
International Criminal Court and related news regarding Côte d'Ivoire (I),
Colombia (II), Georgia (III) and the Occupied Palestinian Territories (IV), as
well as Coalition members' statements on Syria and Sri Lanka (V), which are
currently not before the ICC.

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the Coalition will not take a position on potential
and current situations before the Court or situations under analysis. The
Coalition, however, will continue to provide the most up-to-date information
about the ICC.

For additional information you may refer to the Coalition's website at
www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

********************************************

I. CÔTE D'IVOIRE

A. COALITION MEMBERS STATEMENTS

1. "Côte d'Ivoire: Military Promotions Mock Abuse Victims," Human Rights Watch,
5 August 2011,
http://www.hrw.org/news/2011/08/05/c-te-d-ivoire-military-promotions-mock-abuse-
victims

"The promotion of two Côte d'Ivoire military commanders against whom there are
serious allegations of involvement in grave crimes raises concerns about
President Alassane Ouattara's commitment to end impunity and ensure justice for
victims, Human Rights Watch said today.

On August 3, 2011, President Ouattara signed a promotion making Chérif Ousmane
the second-in-command for presidential security (Groupe de sécurité de la
présidence de la République). During the final battle for Abidjan, Ousmane was
the head of the Republican Forces operations in Yopougon neighborhood, where
scores of perceived supporters of Laurent Gbagbo were executed extrajudicially.

Ouattara also appointed Martin Kouakou Fofié head of the military company
(Compagnie territoriale) headquartered in the northern town of Korhogo. Fofié
was one of three people placed on the UN Security Council sanctions list in
2006, for commanding forces who committed grave violations of human rights and
international humanitarian law.

'The Ouattara government has repeatedly promised to break with the past, when
security forces were above the law,' said Daniel Bekele, Africa director at
Human Rights Watch. 'Yet rather than create an army likely to respect the rule
of law, Ouattara has promoted commanders who were in command when atrocities
took place and should be investigated, not rewarded.'...

Despite frequent promises of impartial justice, the Ouattara government has not
charged anyone from the Republican Forces - the troops that supported him in
removing Gbagbo and that are now the country's military - for the grave crimes
committed during the post-election period. More than 70 leaders from the Gbagbo
side have been charged by either civilian or military prosecutors...."

2. "A critical period for ensuring stability in Côte d'Ivoire," International
Crisis Group, 1 August 2011,
http://www.crisisgroup.org/en/publication-type/media-releases/2011/africa/a-crit
ical-period-for-ensuring-stability-in-cote-d-ivoire.aspx

"Forced to fight five months for the power his November election should have
given him peacefully, Côte d'Ivoire's new president now faces multiple urgent
challenges to keep the country from fragmenting.

A Critical Period for Ensuring Stability in Côte d'Ivoire, the latest report
from the International Crisis Group, examines the measures President Alassane
Ouattara must take on security, justice, political dialogue and the economy and
explains that he must above all aim for national reconciliation in all key
decisions. The internationally community - importantly the UN, which maintains a
crucial peacekeeping force (UNOCI) in the country -needs to work with him to
fill security vacuums, facilitate an inclusive political dialogue, prepare
legislative elections by year's end and restart economic life....

It is essential that the reconciliation process begin immediately. The Dialogue,
Truth and Reconciliation Commission must quickly show itself truly independent
and credible. The justice system needs to investigate crimes by both sides, and
the president should ask the Interational Criminal Court to look into the most
serious offences committed since 2002, not only those that followed last year's
election. The new government should open political space for the opposition,
including by engaging former members of Gbagbo's party in dialogue, so that
there can be broad participation in the legislative elections. ..."

READ THE FULL REPORT:

3. "A Critical Period for Ensuring Stability in Côte d'Ivoire," International
Crisis Group, 1 August 2011,
http://www.crisisgroup.org/en/regions/africa/west-africa/cote-divoire/176-a-crit
ical-period-for-ensuring-stability-in-cote-divoire .aspx

4. "Côte d'Ivoire: Climate of fear stopping return of displaced people," Amnesty
International, 28 July 2011,
http://amnesty.org/en/news-and-updates/report/côte-divoire-climate-fear-sto
pping-return-displaced-people-2011-07-28

"Côte d'Ivoire security forces and a state-backed militia are creating a climate
of fear that is preventing hundreds of thousands of people displaced by
post-election violence from returning to their homes, Amnesty International said
in a report released today.

... Amnesty International's report details how government security forces (FCRI)
and the Dozo continued to kill and otherwise target people solely because of
their ethnic group even after the inauguration of President Alassane
Ouattara....

During the months of violence that followed disputed Presidential elections in
Côte d'Ivoire serious human rights violations, including crimes against humanity
and war crimes, were committed by both forces loyal to Ouattara and Gbagbo...."

READ THE FULL REPORT:

5. "Côte d'Ivoire: 'We want to go home, but we can't': Côte d'Ivoire's
continuing crisis of displacement and insecurity," Amnesty International, 28
July 2011,
http://amnesty.org/en/library/asset/AFR31/007/2011/en/1d18c667-4e96-4083-9761-80
db41b415a0/afr310072011en.pdf

B. COALITION MEMBERS QUOTED

1. "Ivory Coast: Ouattara Endorses Controversial Officials," Jack Phillips,
Epoch Times, 7 August 2011,
http://www.theepochtimes.com/n2/world/ivory-coast-ouattara-endorses-controversia
l-officials-60069.html
2. "Côte d'Ivoire : International Crisis Group dénonce « une justice de
vainqueur » (Côte d'Ivoire: International Crisis Group denounces 'victor's
justice')," AfriScoop, 2 August 2011,
http://www.afriscoop.net/journal/spip.php?breve7438
3. "Ivory Coast reconciliation 'must start now'," AFP, 2 August 2011,
http://www.google.com/hostednews/afp/article/ALeqM5jTko1Ctc9eYLmCPH-dB5M6BK6vhA?
docId=CNG.5279263134ca22f6eb101cc7b093b284.8a1
4. "A critical period for ensuring stability in Côte d'Ivoire," APO, 2 August
2011,
http://www.starafrica.com/en/news/detail-news/view/a-critical-period-for-ensurin
g-stability-181485.html
5. "Des ONG des droits humains appellent à une justice impartiale pour une paix
durable (human rights NGOs are calling for impartial justice for lasting
peace)," AIP, 31 July 2011, http://www.aip.ci/indexL.php?idl=20105&Kt_Lecture=1
(In French) 6. "Ouattara: no knowledge of massacre," Desmond Butler, AP, 30 July
2011, http://www.taiwannews.com.tw/etn/news_content.php?id=1667239
7. "Cote d'Ivoire: Pro-Govt Forces Involved in Killings, Says Amnesty," IPS, 28
July 2011,
http://www.ghanamma.com/2011/07/28/cote-divoire-pro-govt-forces-involved-in-kill
ings-says-amnesty/
8. "Rights group: hundreds of thousands refuse to return home after Ivory Coast
post-vote violence," AP, 27 July 2011,
http://www.washingtonpost.com/world/africa/rights-group-hundreds-of-thousands-re
fuse-to-return-home-after-ivory-coast-post-vote-violence/2011/07/27/gIQAQzy8cI_s
tory.html
9. "Cour pénale internationale : La CICPI invite les autorités ivoiriennes à
ratifier le Statut de Rome (International Criminal Court: The CICPI calls the
Ivorian authorities to ratify the Rome Statute)," Le Patriote, 20 July 2011,
http://news.abidjan.net/h/405101.html
10. "Côte d'Ivoire: Duékoué, carrefour de la haine (Côte d'Ivoire: Duékoué,
crossroads of hate)," Slate Afrique, 12 July 2011,
http://www.slateafrique.com/11059/cote-d-ivoire-duekoue-carrefour-de-la-haine-ma
ssacres-ouattara-frci-gbagbo (In French)

C. RELATED NEWS AND OPINIONS

1. "Côte d'Ivoire: UN official meets with detained ex-leaders to foster
reconciliation," UN News Centre, 4 August 2011,
http://www.un.org/apps/news/story.asp?NewsID=39233&Cr=Ivoire&Cr1
2. "Ivorian president: All to be judged for crimes," AP, 27 July 2011,
http://www.cbsnews.com/stories/2011/07/27/ap/business/main20084298.shtml
3. "Analysis: Paving the way for justice in Côte d'Ivoire," IRIN, 22 July 2011,
http://www.irinnews.org/report.aspx?reportid=93307
4. "Ivory Coast Sets Up Commission to Probe Human Rights Abuses," Olivier
Monnier, Bloomberg, 21 July 2011,
http://www.businessweek.com/news/2011-07-21/ivory-coast-sets-up-commission-to-pr
obe-human-rights-abuses.html
5. "Justice à deux vitesses en Côte d'Ivoire : Des Ivoiriens assiègent la Cpi
(Two tier justice in Ivory Coast: Ivorians besiege the ICC)," Le Temps, 20 July
2011,
http://www.afrik53.com/Justice-a-deux-vitesses-en-Cote-d-Ivoire-Des-Ivoiriens-as
siegent-la-Cpi_a5647.html (In French) 6. "Ivory Coast needs law and order," UPI,
19 July 2011,
http://www.upi.com/Top_News/Special/2011/07/19/Ivory-Coast-needs-law-and-order/U
PI-52251311097439/
7. "Côte d'Ivoire: des proches d'Ibrahim Coulibaly saisissent la Cour pénale
internationale (Côte d'Ivoire: relatives of Ibrahim Coulibaly go to the
International Criminal Court)," RFI,
http://www.rfi.fr/afrique/20110718-cote-ivoire-proches-ibrahim-coulibaly-saisiss
ent-cour-penale-internationale (In French) 8. "Un nouveau chapitre s'ouvre en
Côte d'Ivoire, l'ONU examine les principaux défis (A new chapter opens in Côte
d'Ivoire, the UN discusses the main challenges)," UN News Centre, 18 July 2011,
http://www.un.org/apps/newsFr/storyF.asp?NewsID=25867&Cr=Ivoire&Cr1 (In French)
9. "Disagreement Over Scope of ICC Investigation," Fulgence Zamblé, IPS, 15 July
2011, http://www.ipsnews.net/news.asp?idnews=56504

II. COLOMBIA

A. COALITION MEMBERS STATEMENTS

1. "Colombia: Investigate Spate of Killings by Armed Groups: Protect Indigenous
Communities From Ongoing Attacks" Human Rights Watch, Statement, 8 July 2011,
http://www.hrw.org/news/2011/07/08/colombia-investigate-spate-killings-armed-gro
ups

2. "Colombia: Victims Law a Historic Opportunity: Bold Measures Needed to
Protect Beneficiaries Human Rights Watch, Statement, 10 June 2011,
http://www.hrw.org/news/2011/06/10/colombia-victims-law-historic-opportunity

3. "Colombia: Victims Law an Important Step forward but questions remain,"
Amnesty International, Statement, 3 June 2011,
http://www.amnesty.org/en/for-media/press-releases/colombia-victims-law-importan
t-step-forward-questions-remain-2011-06-03

4. "Locomotoras del desplazamiento forzado" ("Locomotive of forced
displacement"), Op-Ed by Gustavo Gallón Giraldo, Director of the Comisión
Colombiana de Juristas, El Espectador, 27 July 2011,
http://www.elespectador.com/impreso/opinion/columna-287573-locomotoras-del-despl
azamiento-forzado

5. "Farc deben frenar violaciones al DIH," (The FARC must restrain IHL
violations") El País, 25 July 2011,
http://www.elpais.com.co/elpais/judicial/farc-deben-frenar-violaciones-dih

B. OTHER NEWS

1. "Colombia's Santos apologizes for 2000 massacre," By Libardo Cardona,
Associated Press, 8 July 2011
http://news.yahoo.com/colombias-santos-apologizes-2000-massacre-202540969.html

III. GEORGIA

A. COALITION MEMBERS STATEMENTS

1. Statement of the Georgian Coalition for the International Criminal Court on
the International Justice Day, 18 July 2011,
http://gyla.ge/index.php?option=com_content&view=article&id=1017:statement-of-
the-georgian-coalition-for-the-international-criminal-court-on-the-international
-justice-day&catid=45:news-eng&Itemid=1&lang=en

"On the International Day of Justice, celebrated on July 17 worldwide, the
Georgian Coalition for the International Criminal Court composed of the
following NGOs - the Georgian Young Lawyers' Association, the Human Rights
Centre, Human Rights Priority, the union 'Article 42 of the Constitution', the
Centre for the Protection of Constitutional Rights, the International Center on
Conflict and Negotiation - addresses and once more calls for the governments of
the Russian Federation and Georgia to effectively investigate crimes committed
during the August 2008 war.

In the August 2008 war mass and gross violations of human rights and
international humanitarian law occured, including signs of ethnic cleansing
against ethnic Georgians, premeditated killings of civilians were committed,
facts of disappearance, mass destruction of personal property, forceful
banishment, unlawful arrests, captivity, torture and inhumane treatment occurred
on both sides of the conflict.

A number of persons affected by the August war applied to the investigative
agencies of Georgia and the Russian Federation, seeking investigation into the
crimes committed against them. Corresponding official agencies on both sides
declare that investigation of war crimes is ongoing but as of now, there are no
signs of progress or considerable efforts for the purpose of ensuring effective
investigation on part of either of the conflict sides. Furthermore, it should be
noted that specifics of investigation of war crimes in Russia and Georgia differ
to a certain extent.

In its official statements the Russian Federation straightforwardly rejects the
facts of attack of Russian militaries on civilian population and/or civilian
objects. Furthermore, in its official letters so far the Office of General
Prosecutor of Russia declares that it has been investigating alleged acts of
genocide and mass killings committed against the South Ossetian population only
who are citizens of the Russian Federation and against the Russian peacekeepers.
Clearly such position rules out from the outset any willingness of the Russian
Federation to investigate crimes committed by the Russian and Ossetian armed
forces against ethnic Georgians.

The Office of the Chief Prosecutor of Georgia has launched investigation into
alleged acts of violence against civilians during the warfare on the Georgian
territory in August 2008; however, it should be noted that both victims of the
war crimes as well as wider public lack information on investigation that has
been going on for almost three years now or its consequences. In certain cases,
victims are unaware of whether necessary investigative measures have been
undertaken in a given proceedings. In a number of investigations of crimes
committed against ethnic Ossetians, examination of victims and witnesses is not
ensured. In certain cases independence and impartiality of investigation is
doubtful; furthermore, despite a number of demands raised by injured parties,
the authorities have failed to undertake investigation activities that may have
a decisive importance for the purpose of ensuring effective investigation.

Members of the Georgian Coalition for the International Criminal Court believe
that effective investigation and prosecution of war crimes is essential for
delivering justice and reinstating rights of injured parties, as well as for
ensuring accountability of states and eliminating the syndrome of impunity.

The Russian Federation and Georgia are obligated to undertake all measures
available for effective investigation and prosecution of crimes committed in the
August 2008 war, notwithstanding which side crimes were committed on.

Furthermore, the Georgian Coalition for the International Criminal Court calls
on respective agencies of Georgia and the Russian Federation to keep public
informed on developments in and consequences of the investigation.
As you may be aware, members of the Georgian Coalition for the International
Criminal Court have filed a number of applications against the Russian
Federation and Georgia in the European Court of Human Rights, involving gross
violations of human rights in the August 2008 war. Furthermore, the Georgian
Coalition for the International Criminal Court is actively cooperating with the
International Criminal Court in terms of providing information on war crimes
committed in the August 2008 war.

2. "Georgia-Russia: Learn to Live like Neighbours," International Crisis Group,
8 August 2011,
http://www.crisisgroup.org/en/publication-type/media-releases/2011/europe/georgi
a-russia-learn-to-live-like-neighbours.aspx

"On the third anniversary of their war over South Ossetia, talks between Georgia
and Russia are needed to create positive momentum in a still unstable
environment.

Georgia-Russia: Learn to Live like Neighbours, the latest briefing from the
International Crisis Group, examines the continuing strains and recommends the
two sides engage in direct dialogue and de-escalate allegations about the
other's involvement in terrorism. While formal diplomatic relations remain
suspended, many mutual interests remain.

'Georgia and Russia share interests in improving mutual security, trade and
transport', says Lawrence Sheets, Crisis Group's Caucasus Project Director.
'They should agree to start discussions on these issues and any other areas of
concern without preconditions'...."

READ THE FULL REPORT:

3. "Georgia-Russia: Learn to Live like Neighbours," Europe Report No. 65,
International Crisis Group, 8 August 2011,
http://www.crisisgroup.org/~/media/Files/europe/caucasus/georgia/B65-- Georgia
-Russia- Learn to Live like Neighbours.pdf

B. RELATED NEWS AND OPINIONS

1. "Russia files criminal lawsuit against Georgia over August 2008 war," Ilya
Kharlamov, The Voice of Russia, 9 August 2011,
http://english.ruvr.ru/2011/08/09/54403598.html
2. "BBC: Moscow applies to the ICC over Georgia," The Messenger Online, 9 August
2011, http://www.messenger.com.ge/issues/2416_august_9_2011/2416_mzia.html
3. "Medvedev Reflects on the Georgia War and on Himself", Georgia Daily, 9
August 2011
http://georgiandaily.com/index.php?option=com_content&task=view&id=21730&Itemid=
132
4. "Time for justice", The Voice of Russia, 9 August 2011,
http://english.ruvr.ru/2011/08/09/54409123.html
5. "3 years on, Georgians pay their respects to fallen war victims", by Salome
Modebadze, The Messenger Online, 9 August 2011,
http://www.messenger.com.ge/issues/2416_august_9_2011/2416_salome.html
6. "Russia and Georgia: Three years since the war" by Sergio Caplan, 9 August
2011, Russia Beyond the Headlines, 7. "Russia gathers evidence on Georgian
attack on South Ossetia," Vestnik Kavkaza, 8 August 2011,
http://vestnikkavkaza.net/news/politics/16613.html
http://rbth.ru/articles/2011/08/09/russia_and_georgia_three_years_since_the_war_
13235.html
8. "Three Years After War, Georgia Looks To Long Term by Robert Coalson", Radio
Free Europe, 7 August 2011,
http://www.rferl.org/content/three_years_after_russia_georgia_war_look_to_long_t
erm/24289444.html
9. "Medvedev on Ties with Georgia", Civil Daily News, 5 August 2011,
http://www.civil.ge/eng/article.php?id=23824

IV. OCCUPIED PALESTINIAN TERRITORIES

A. COALITION MEMBER STATEMENT

1. "Al-Haq's Questions & Answers on Palestine's September Initiatives at the
United Nations," Al-Haq, 20 July 2011,
http://www.alhaq.org/pdfs/qa_July_2011.pdf

"This paper seeks to answer some of the common questions that have arisen
recently in the context of the upcoming initiatives of Palestinian
representatives at the United Nations (UN). The questions concern four main
issues: (i) Palestine's September initiatives; (ii) Palestine's statehood status
in international law; (iii) the procedure for admission as a Member State of the
UN; and (iv) the potential implications of these initiatives. In providing
answers to these questions, Al-Haq has adhered to a strict application of
international law and contemporary legal practice, including the relevant rules
of international humanitarian law....

1. Is Palestine a State under international law? What is the international
community's position with regards to Palestine's statehood? ....

Palestine's statehood has recently been discussed at length in the context of
the submission of the Palestinian declaration under Article 12(3) of the Statute
of the International Criminal Court (ICC), as a State that is not a party to the
Statute, transferring jurisdiction to the Court over international crimes
committed in Palestine.
The issuance of the declaration produced a debate over Palestine's statehood
amongst scholars, States' legal services and different groups, which examined
whether Palestine is, for the purpose of the Statute or otherwise, a State under
international law.9 Adopting a functional approach to the objectives of its
work, the ICC should accept Palestine's declaration on the grounds that
Palestine is indeed a State for the purpose of the Rome Statute....

2. What are the legal implications of the September initiatives? ....

The benefits of enhancing Palestine's international legal personality can be
classified in a two-fold manner: (1) further possibilities to adjudicate claims
of violations of international humanitarian and human rights law; and (2) the
possibility to gain further influence over the international community's
willingness to put an end to Israel's violations.

Firstly, the accession to international organisations and treaties will provide
access to new international fora and justice avenues, including the UN human
rights treaty bodies and special procedures, for Israel's violations of
international law, which are widely acknowledged and have been condemned
countless times by different UN bodies.

Importantly, this will also facilitate access to the ICC, where a favorable
impact of even a GA resolution (recommending the recognition of Palestine) could
assist both the prospective acceptance of Palestine's declaration under Article
12(3) of the Statute of the ICC, and its potential ratification of the Statute
of the ICC...."

V. COALITION STATEMENTS REGARDING COUNTRIES NOT CURRENTLY UNDER ICC
INVESTIGATION

A. SYRIA

1. "UN urged to issue resolution on Syria bloodshed," Amnesty International, 9
August 2011,
http://www.amnesty.org/en/news-and-updates/un-urged-issue-resolution-syria-blood
shed-2011-08-09

"World leaders must take immediate concrete action to respond to the crisis in
Syria, Amnesty International said today, amid reports that the death toll since
mass protests began in March had risen to more than 1,600 people....

'Any honest examination of the facts of the horrific situation in Syria should
be more than sufficient to persuade the Security Council to come up with a
legally-binding resolution, not just a meek statement. A mere diplomatic appeal
to the Syrian authorities to end the ongoing violence against civilians will
fall far short of what the situation demands,' said Malcolm Smart, Amnesty
International's Director for Middle East and North Africa....

'The crimes committed by Syrian security forces appear to be part of a
widespread, as well as systematic, attack against the civilian population, and
so to amount to crimes against humanity' said Malcolm Smart.

'The UN Security Council must also refer the situation in Syria to the
Prosecutor of the International Criminal Court, as it did with Libya's
government in February, following the violent repression of protests there,' he
added."

2. "Response to Violence in Syria: Why the UN Security Council Presidential
Statement Matters," Lara Yeo, The Global Citizen Blog, Citizens for Global
Solutions, 5 August 2011,
http://globalsolutions.org/blog/2011/08/response-violence-syria-why-un-security-
council-presidential-statement-matters

"On Wednesday the Security Council released a presidential statement concerning
Syria by Ambassador Hardeep Singh Puri of India, who is the acting President of
the Council this month. The statement calls upon Syrian President Bashar
al-Assad to implement democratic reforms, demanding a peaceful Syrian-led
transformation of government from one that perpetrates crimes against humanity
to one that respects and protects fundamental rights and freedoms, such as the
freedoms of expression and assembly....

This is an important first step towards substantive UN action in Syria and comes
after months of pressure from the international community.

However, a presidential statement is not a legally binding document and does not
contain accountability measures or repercussions. Basically, it does not contain
a blueprint for action. Security Council resolutions, on the other hand, are
legally binding UN documents that hold criminal leaders accountable. For
example, a resolution referring Assad to the International Criminal Court (ICC)
would lead to the ICC taking action and issuing an arrest warrant. This sort of
action will only come out of a resolution, not a presidential statement.
Tyrannical rulers such as Assad are unlikely to respond to a statement, but are
unable to ignore the passage of a resolution when it directly implicates their
actions in the international legal system....

While the statement is a step in the right direction, we still need the
resolution. Citizens for Global Solutions remains one voice of many calling on
the Security Council to pass a resolution on Syria as soon as possible that
refers President Bashar al-Assad to the ICC...."

3. "UN Security Council Syria statement 'completely inadequate'," Amnesty
International, 4 August 2011,
http://amnesty.org/en/news-and-updates/un-security-council-syria-statement-â%8
0˜completely-inadequate’-2011-08-04

"The UN Security Council's response to the recent bloodshed in Syria is deeply
inadequate, Amnesty International said today, after the council released a
statement condemning the Syrian government's deadly crackdown on protesters.

The UN statement called for an end to violence and said it "condemned the
widespread violation of human rights by the Syrian authorities", but fell short
of taking decisive action. The call was issued as a presidential statement,
which is not legally binding.

'The UN's response is completely inadequate. After more than four months of
violent crackdown on predominantly peaceful dissent in Syria, it is deeply
disappointing that the best the Security Council can come up with, is a limp
statement that is not legally binding and does not refer the situation to the
International Criminal Court', said Jose Luis Diaz, Amnesty International's
representative to the UN....

'The UN must act now, with a firm and legally binding position. At the very
least, its position must include imposing an arms embargo, freezing the assets
of President al-Assad and other officials suspected of responsibility for crimes
against humanity, and referring the situation to the ICC Prosecutor,' he
added....

The crimes committed in Syria by government forces amount to crimes against
humanity as they appear to be part of a widespread, as well as systematic,
attack against the civilian population, Amnesty International said.

The organisation has repeatedly called on the UN Security Council to refer the
situation in Syria to the International Criminal Court, as it did with Libya's
government in February, following the violent repression of protests there."

4. "Open letter to members of the UN Security Council," International Federation
for Human Rights, 2 August 2011,
http://www.fidh.org/Open-letter-to-members-of-the-UN

"... FIDH and its Syrian member and partner organisations are deeply concerned
about the ongoing repression in Syria, the increasing level of violence reported
on a national scale, the deterioration of the humanitarian crisis in some
targeted areas, and the blackout on the human rights violations committed by the
Syrian authorities, as the latter continue to refuse territorial access to
independent human rights NGOs, foreign journalists, and UN bodies such as the
Fact finding mission on the situation in Syria mandated by the Human Rights
Council of the United Nations.

These crimes may amount to crimes against humanity, yet, members of the UN
Security Council have so far failed to a react in line with their mandate under
chapter VII of the UN Charter and in application of their Responsibility to
Protect....

We thus call upon members of the United Nations Security Council to intervene
urgently in application of Chapter VII of the UN Charter, as well as of their
Responsibility to Protect, which world leaders affirmed at the World Summit of
2005, in order to prevent the commission of further crimes, protect the civilian
population and prosecute those responsible, in adopting a resolution which,
inter alia,

Calls upon the Syrian government to
Immediately put an end to the use of force and violence against the civilian
population, and to put an end to the perpetration of human rights violations and
violations of international humanitarian law;
Release all the individuals arrested and detained since the beginning of the
uprising;
Respect in all circumstances the right to peaceful assembly;
Ensure the safe passage of humanitarian and medical supplies, and humanitarian
agencies and workers, into the country;
Enable unrestricted access, including to all places of detention, to Syrian and
international human rights monitors, notably the mission dispatched by the
Office of the High Commissioner for Human Rights in application of the UN Human
Rights Council resolution A/HRC/RES/S-16/1 of 29 April 2011;
Decides to refer the situation in Syria to the Prosecutor of the International
Criminal Court, in application of Article 13b of the Rome Statute;
Establishes an embargo to prevent the direct or indirect supply, sale or
transfer of arms and related material to Syria or through Syrian officials;
Establishes a list of individuals and authorities responsible for these
violations and their submission to a travel ban and the freezing of their
financial assets and economic resources...."

5. "Ask Brazil, South Africa and India to help stop the bloodshed in Syria,"
Amnesty International, 9 July 2011,
http://www.amnesty.org/en/ask-brazil-south-africa-and-india-to-help-stop-the-blo
odshed-in-syria

"It has been over four months since the beginning of largely peaceful protests
in Syria calling for political reform and for the Syrian President to step down.
The Syrian authorities' response to their people's demands has so far been
brutal to say the least.

According to Amnesty International's research, the human rights violations
committed by the Syrian security forces and army since mass protests began in
mid-March include unlawful killings and torture. They appear to have been
committed as part of a widespread - as well as systematic - attack on the
civilian population and, in some cases, to amount to crimes against humanity.

That is why Amnesty International has called on the UN Security Council to refer
the situation in Syria to the International Criminal Court, to impose an arms
embargo and to freeze the assets abroad of the Syrian President and his senior
associates.

So far the UN Security Council has been silent on Syria - failing to take action
to help protect peaceful dissent in the country.

Some members of the Council have introduced a resolution on Syria which could be
a first step towards a referral to the International Criminal Court. However,
voting on the resolution is currently blocked by six other members. We believe
that, three of those six, Brazil, South Africa and India, could be persuaded to
change their position with sufficient international pressure.

Brazil, South Africa and India aspire to become permanent members of the UN
Security Council and, as such, we believe that they have an increasing
responsibility to try to bring an end to the violent crackdown in Syria. Please
help ensure that Brazil, South Africa and India do not shy away from their
responsibilities...."

B. SRI LANKA

1. "Sri Lanka: Official Report Whitewashes Military Abuses," HRW, 1 August 2011,
http://www.hrw.org/news/2011/08/01/sri-lanka-official-report-whitewashes-militar
y-abuses

"A new Sri Lankan Defense Ministry report concedes for the first time that
government forces caused civilian deaths in the final months of the conflict
with the Tamil Tigers but takes no responsibility for laws-of-war violations,
Human Rights Watch said today. The report, 'Humanitarian Operation - Factual
Analysis,' issued on August 1, 2011, claims that government forces did not use
artillery against populated areas despite considerable evidence to the contrary
and ignores compelling evidence of summary executions by its soldiers.

The report states that government forces "adher[ed] to a 'Zero Civilian
casualty' policy' in the final months of the war, which ended in May 2009. But
it says that, "[I]t was impossible in a battle of this magnitude, against a
ruthless opponent actively endangering civilians, for civilian casualties to be
avoided."

'The Sri Lankan government is finally admitting that its forces caused civilians
losses during the conflict's final months, but unconvincingly claims no
responsibility,' said Brad Adams, Asia director at Human Rights Watch. 'This is
just the latest and glossiest effort to whitewash mounting evidence of
government atrocities during the fighting.'....

The report provides inadequate information on investigations by the Sri Lankan
government into alleged war crimes by its forces. The report says, 'There have
been several instances where military personnel have been subject to indictments
preferred [sic] by the Attorney General to the High Court,' but provides no
details. It summarizes 'major offenses' committed by Sri Lanka Army personnel
between 2005 and 2010 in the North and East, and lists eight convictions for
murder, four for rape, and one for sexual abuse. However, no indication is given
as to whether these were crimes committed during military operations or were
common crimes, or of the sentences handed down....

'The Sri Lankan Defense Ministry report is yet another feeble attempt to
convince the world, despite growing evidence to the contrary, that government
forces committed no crimes in the conflict with the Tamil Tigers,' Adams said.
'Concerned governments should use this factually challenged report to jump-start
international accountability efforts as the UN Panel of Experts recommended.'"

SEE ALSO:
2. "Criminal complaint filed against Deputy Ambassador of Sri Lanka for war
crimes," TRIAL, 3 August 2011,
http://www.trial-ch.org/srilanka-en/press_files/41476ca5f20ba3e8df168e8eb01fe3ef
-5.html

********************************************

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