The International Center for Transitional Justice
www.ictj.org
Transitional Justice in the News
May 31, 2003
HEADLINES
Argentina:
New Leader on Reform Path
Bosnia:
Obrenovic Found Guilty of Srebrenica Massacre
Cambodia:
Cambodians Commemorate Genocide Victims With “Day of Anger”
Chile:
Former Secret Police Chief Charged
East
Timor: Indonesian Court Acquits Military Commander
Iraq:
Concerns Continue Over Protection of Mass Graves; Civil Sanctions and Military
Reform Present
Dilemmas; Revenge Killings Start as Judicial System is Rebuilt
Rwanda:
Two Former Officials Found Guilty of Genocide
Serbia
and Montenegro: Milosevic Faces Kucan at Tribunal; Serbian Police Arrest 23
Over Massacre
South
Africa: U.S. Federal Court Sets Date for Apartheid Reparations Case
Other:
Unifem Calls for TRC on Violence Against Women
ICTJ Releases
Policy Document on Transitional Justice in Iraq
In the wake of the adoption of United Nations
Security Council Resolution 1483, the continuing violence and instability in
Iraq, and ongoing revelations regarding past atrocities, there has been much
discussion of various policy options to deal with Iraq’s legacy of human right
abuse. The policy proposals the ICTJ suggests are not intended to be
prescriptive; rather, the hope is that they will serve as a catalyst to begin
the critical process of discussion and consultation with a wide cross-section
of Iraqis. The ICTJ’s proposal includes consideration of a Special Tribunal for
Iraq, prosecutions before Iraqi courts, a truth commission, and a vetting
process to exclude human rights violators from holding public office.
See: Transitional Justice in Iraq: An ICTJ Policy Paper
ARGENTINA
New Leader on Reform Path
May 27, 2003
Aids to newly elected Argentine President Nestor Kirchner have indicated that one of his first acts will be to pension off senior military officers in order to remove anyone suspected of human rights violations during the country’s 1976-1983 Dirty War. Kirchner has also said that he would not oppose efforts to impeach the entire Supreme Court, leading to speculation that he favors a new high court that could overturn the amnesty laws protecting Dirty War-era military officers from prosecution.
See: New York Times, Argentina’s Chief Is Sworn In and Comes Out Fighting
The Guardian, New Argentine leader heralds reform battle
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
BOSNIA
Obrenovic Found Guilty of Srebrenica Massacre
May 22, 2003
The International Criminal Tribunal for the former Yugoslavia (ICTY) has found Dragan Obrenovic, a former Serb army officer, guilty of crimes against humanity related to the 1995 massacre of more than 7000 Muslims in Srebrenica. He had been accused of complicity in genocide, war crimes, and crimes against humanity. Obrenovic pled guilty to the charge of crimes against humanity in exchange for the other charges being dropped. Sentencing is expected to take place in August.
For more detailed weekly updates on the ICTY, please see Tribunal Update by The Institute for War and Peace Reporting, the UN Public Information Services’ ICTY Weekly Update, and the Coalition for International Justice’s Latest Reports. See also the International Center for Transitional Justice/Bard College’s audio/video archive of the Milosevic trial.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CAMBODIA
Cambodians Commemorate Genocide Victims With “Day of Anger”
May 21, 2003
On May 20, the 30th anniversary of the Khmer Rouge’s launch of a drive toward a totally agrarian society, Cambodians commemorated those who were slain in the killing fields. At the Cheoung Ek genocide memorial, people sang lyrics recalling the brutality of the killing and expressed their hopes to see the Khmer Rouge leaders on trial. The annual commemoration is known as the “Day of Anger.”
See: Reuters, Cambodians Recall Killing Fields on “Day of Anger”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHILE
Former Secret Police Chief Charged
May 17, 2003
A Chilean judge has charged Manuel Contreras, former head of Augusto Pinochet’s secret police, known as DINA, in the 1974 kidnapping and disappearance of Spanish priest Antonio Llido. Eight other DINA members have also been charged in the case.
See: Reuters, Chilean charged in ‘missing’ Spanish priest case
Voice of America, Former Chilean Secret Police Chief Charged in Disappearance of Priest
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
EAST TIMOR
Indonesian Court Acquits Military Commander
May 23, 2003
An Indonesian court has acquitted Brigadier General Tono Suratman of human rights violations committed during East Timor’s 1999 push for independence. Suratman was accused of failing to prevent the killing of five refugees during an attack on a church and the killing of dozens of others in a raid on the home of independence leader Manuel Carrascalao. Suratman is the twelfth defendant the tribunal has acquitted.
See: The Guardian, Indonesian Rights Court Acquits General
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IRAQ
Concerns Continue Over Protection of Mass Graves
May 23, 2003
The United Nations and human rights groups are pushing the U.S. military to protect the mass graves containing the remains of victims of the Saddam Hussein regime. Families have been searching through mass graves for evidence of missing relatives. The UN and the human rights groups worry that forensic evidence, crucial for potential prosecutions, is being disturbed.
See: Reuters, UN
Rights Boss Wants Iraq Mass Graves Protected
Civil Sanctions and Military Reform Present Dilemmas
May 27, 2003
The U.S. civil administration for Iraq has ordered the dissolution of the Iraqi armed forces, several security bodies, the defense and information ministries, and military and security courts. The administration has also announced that former senior members of the Baath party will not be allowed to have government jobs or play a role in public life, excluding from 15,000 to 30,000 people. Individual cases are already emerging that highlight the difficulties of these civil sanctions, with former members’ motives for joining the party and their former behavior under scrutiny. In addition, former members of the armed forces have begun protesting the decision to demobilize them with at best only a month’s pay.
See: Baltimore Sun, Ex-Baathists a reconstruction dilemma
AFP, New
US boss bans top Baath members from Iraq public sector posts
Reuters, U.S.
Dissolves Iraq Army, Abolishes Security Organs
AFP, Bus
drivers demand their sacked Baathist boss be reinstated
AFP, Iraqi
police protest for reinstatement of Baathist chief
AFP, Demobilised
Iraqi soldiers step up protests at pay-off by coalition
Revenge Killings Start as Judicial System is Rebuilt
May 27, 2003
Iraqis have started hunting down and killing former Baath Party members, doubting that the United States plans to give appropriate punishment to mid-level members. Several high-profile Baathists, including singer Daoud al-Qaisy and the president of the Iraqi Artists Union, have been assassinated. A Shiite cleric has stated that only officials attempting to return to their positions should be assassinated, and only after being given a warning. Meanwhile, the United States Justice Department has sent several judges, prosecutors, and other officials to Iraq to help rebuild its justice and law enforcement system.
See: Washington Post, Iraqis Killing Former Baath Party Members
The Guardian, Saddam’s praise singer shot dead as revenge killings start
Reuters, Justice
Department Sends Judicial Help to Iraq
AP, Shiites
Reportedly Hunting Baathists
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RWANDA
Two Former Officials Found Guilty of Genocide
May 27, 2003
The International Criminal Tribunal for Rwanda (ICTR) has found two former officials guilty of genocide. Eliezer Niyitigeka, former Information Minister, was convicted of genocide and crimes against humanity and sentenced to life in prison. Laurent Semanza, former mayor of Bicumbi commune in Kigali Province, was convicted of complicity to commit genocide and of crimes against humanity and sentenced to 25 years in prison. In related news, the ICTR appeals chamber upheld the life sentence for Georges Rutaganda, former vice president of the Interahamwe militia.
See: UN Integrated Regional Information Networks, ICTR Finds Two Former Officials Guilty of Genocide
Hirondelle News Agency (Lausanne), Semanza Sentenced to 25 Years
Hirondelle News Agency (Lausanne), Ex-Minister Niyitegeka Sentenced to Life
Hirondelle News Agency (Lausanne), Appeals Chamber Confirms Rutaganda’s Life Sentence
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
SERBIA AND MONTENEGRO
Milosevic Faces Kucan at Tribunal
May 22, 2003
At the ICTY, Slobodan Milosevic faced Milan Kucan, the longtime leader of Slovenia, the first republic to break away from the former Yugoslavia in 1991. Kucan, appearing at the court as a prosecution witness, testified that Milosevic had made it clear that he would never allow Serbs to fall outside of Serb political authority, meaning that the former Serbian leader would redraw borders by force. In related news, Miroslav Radic, accused of directing the 1991 massacre of about 300 Croatian civilians in Vuvokar, has been transferred to the Hague.
See: Reuters, Serb wanted for massacre transferred to Hague
New York Times, Balkan Rivals Relive Past in Icy Face-Off at U.N. Trial
BBC, Milosevic spars with ex-colleague
Please see “Bosnia” (above) for links to more
information about the ICTY.
Serbian Police Arrest 23 Over Massacre
May 27, 2003
Serbian Interior Minister Dusan Mihajlovic has announced that Serbian police arrested 23 people in connection with the 1991 Vukovar massacre of more than 200 Croat civilians and prisoners of war. There have been indications that the arrests could lead to the first major domestic war crimes trial in Serbia since the Balkans wars.
See: BBC, Serbs detain 23 over massacre
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
SOUTH AFRICA
U.S. Federal Court Sets Date for Apartheid Reparations Case
May 22, 2003
On November 6, 2003, a United States federal court will begin hearing a case against 34 international companies accused of profiting from apartheid in South Africa. Attorney Ed Fagan is representing tens of thousands of South Africans in the case. The South African government is not backing the suit, worried that it will negatively impact foreign investment.
See: Times Online, Rights case seeks $100bn for victims of apartheid
BBC, Date set in NY apartheid case
The Guardian, British banks named in apartheid lawsuit
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
OTHER
Unifem Calls for TRC on Violence Against Women
May 17, 2003
The United Nations Development Fund for Women (Unifem) has released a report, "The Independent Expert's Assessment on the Impact of Armed Conflict on Women and Women's Role in Peace-building -- Women, War and Peace," calling for a Truth and Reconciliation Commission on violence against women in armed conflict. The report says that legal and political recording of war crimes often leaves out the crimes committed against women. The report calls for an international TRC process to establish a more accurate historical record, and to generate knowledge about the magnitude, severity, and patterns of war crimes against women. The report also calls for improved procedures and mechanisms to investigate, report, prosecute, and remedy violence against women in war.
See: Iafrica.com, Call for TRC for war-wronged women
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Clarification: In the May 15, 2003 issue of Transitional Justice in
the News, we reported that “The Greensboro Truth and Reconciliation
Commission has been established to examine the context, causes, sequence, and
consequences of events of November 3, 1979, when the Ku Klux Klan and the
American Nazi Party killed 5 people and wounded 10 others by firing on a
racially mixed gathering of political activists.” The mandate for a
Greensboro Truth and Reconciliation Commission was issued, setting in motion
the process for selecting commissioners and installing a commission in about
six months.
See: Newsweek, How to Mend a Massacre
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor: Patrick J. Pierce
Patrick J. Pierce
serves as a consultant to the ICTJ.
This semimonthly newsletter summarizes major news events in the field of transitional justice. To unsubscribe, please e-mail unsubscribe@ictj.org. To subscribe, please send an e-mail request to srutledge@ictj.org.
The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved. It provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others. The ICTJ assists in the development of strategies for transitional justice comprising five key elements: prosecuting perpetrators, documenting violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and advancing reconciliation. The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so.
International Center for Transitional Justice
20 Exchange Place
33rd Floor
New York, NY 10005
917.438.9300
Please note: All links to news stories were active on the day this newsletter was sent.