Georgetown Security Law Brief

New war crime indictment in Belgrade

03/11/10: Balkan Insight reports that the Prosecution in Belgrade has indicted Darko Radivoje, nicknamed Gurgula, for war crimes committed in 1991 in Croatia. According to the indictment, Radivoje, 41, was a member of the Territorial defence in Tenja, Croatia who fought alongside Serb forces during the war. Radivoje, a Serbian national, allegedly killed Marjan Pletes, a member of the Croatian Army, on 20 November 1991. Radivoje allegedly took Pletes from the hospital where he had been brought after being wounded with the intention of taking him to the command headquarters in Boboti. According to the indictment, on the way to Boboti, Radivoje took Pletes out of the ambulance and killed him.

UN says Myanmar election laws do not meet international standards

03/11/10: JURIST reports that UN Secretary-General Ban Ki-moon said Wednesday that recently announced election laws  in Myanmar do not meet international standards for an inclusive political process, in particular because they do not allow pro-democracy opposition leader Aung San Suu Kyi to participate.

Spanish minister discusses Batko extradition

03/11/10: Balkan Insight reports that Veselin Vlahovic Batko will be tried in Spain and will serve his sentence in Spain if convicted, but there is a possibility that he could be temporarily extradited to Bosnia to face charges of war crimes, Spanish Interior Minister Alfredo Peres Rubalcalba said on a visit to Bosnia. Bosnia requested Batko's extradition based on accusations of crimes he allegedly committed during the Bosnian war in Grbavica, a neighborhood in Sarajevo that was controlled by the Republika Srpska Army. The Bosnian State Prosecution argues that he participated in a number of murders, rape, tortures, and forced detentions of Bosniaks and Croats who were living in Grbavica.

Rights group urges Afghanistan to repeal war crimes amnesty law

03/11/10: JURIST reports that Human Rights Watch (HRW) said the Afghan government should retract a law granting amnesty for war crimes and human rights abuses committed prior to December 2001. The National Stability and Reconciliation Law was originally passed by the Afghan Parliament in 2007, but did not take effect until it was recently published in the official gazette. HRW claims that the law protects alleged war criminals and human rights abusers, many of whom remain in positions of power within the government.

US seeks Saudis' help for UN sanctions on Iran

03/11/10: War on Terrorism reports that Defense Secretary Robert M. Gates asked Saudi King Abdallah today to use his country's influence to convince other nations to support United Nations sanctions on Iran, Pentagon Press Secretary Geoff Morrell said here. Gates met with the Saudi monarch and Crown Prince Sultan, who also serves as minister of defense and aviation. Gates also met privately with Abdallah at a ranch outside Riyadh.

US envoy pushes for Darfur peace deal before Sudanese elections

03/11/10: The Washington Post reports that the US special envoy to Sudan warned Wednesday that efforts to bring peace to the country's troubled Darfur region could become less of a priority for the Obama administration if a full-fledged peace agreement is not reached before Sudanese elections scheduled for mid-April.

Ganic released on bail

03/11/10: Balkan Insight reports that the High Court in London has decided to release Ejup Ganic on £200,000 bail. Lord Justice Laws granted the wartime member of Bosnia's presidency bail on "stringent" conditions. Serbia suspects Ganic, who was a member of the wartime presidency of Bosnia, of war crimes related to his alleged involvement in an attack on a convoy of the Yugoslav People's Army as it was leaving Sarajevo in May 1992. The Defense claims that the extradition is an "abuse of process" and they refer to “mistakes on the warrant of arrest, including the way in which the allegation of murder has been framed and how the court should deal with the allegation of a breach of the Geneva Convention.”

Karadzic files appeal for trial postponement

03/10/10: Balkan Insight reports that Radovan Karadzic has called on the Appellate Chamber of the Hague Tribunal to postpone the presentation of evidence against him until June 17 this year. Karadzic is appealing the Trial Chamber's decision not to postpone the start of the Prosecution's presentation of evidence. He argued that "the Defence team may be able to acquaint itself with the documents" by June 17 this year.

Ex-UK spy chief says US concealed torture from MI5

03/10/10: The Times (UK) reports that a former head of MI5 has claimed that US intelligence agencies deliberately concealed their mistreatment of terror suspects. Baroness Manningham-Buller said she learnt that Khalid Sheikh Mohammed, the mastermind behind the 9/11 attacks, had been waterboarded only after she retired from the Security Service in 2007.

UN report says much of Somalia's food aid diverted

03/10/10: The Miami Herald reports that up to half the food aid intended for the millions of hungry people in Somalia is being diverted to corrupt contractors, radical Islamic militants and local UN workers, according to a UN Security Council report. The report blames the problem on improper food distribution in the Horn of Africa nation, which has been plagued by fighting and humanitarian suffering for nearly two decades, according to a UN diplomat who spoke on condition of anonymity because the report has not yet been released.

Myanmar bars Suu Kyi's election participation

03/10/10: CNN reports that Myanmar's ruling junta has announced a new election law that disqualifies pro-democracy leader Aung San Suu Kyi from participating in upcoming national elections. The Political Parties Registration Law, announced in state-run newspapers Wednesday, excludes electoral participation by members of a political party if they have been convicted in court. A Myanmar court convicted Suu Kyi, 64, last August for breaching the terms of her house arrest after American John Yettaw swam uninvited to her lakeside house in Yangon and briefly stayed there. Her ongoing detention was extended to this November, and last month a court rejected her appeal for freedom.

UN rights experts urge civilian trials for 9/11 suspects

03/10/10: JURIST reports that UN Special Rapporteur on human rights and counterterrorism Martin Scheinin on Tuesday urged the Obama administration to hold civilian trials for accused 9/11 conspirators, including Khalid Sheikh Mohammed. Scheinin called the military commissions system "fatally flawed" and said that reforming the system would not help. Meanwhile, UN Special Rapporteur on torture Manfred Nowak also argued that the suspects should face a civilian trial. A White House official said Tuesday that while a civilian trial for Mohammed may no longer be a realistic option, the Obama administration is working with lawmakers to allow for civilian trials for other suspected terrorists.

Delay on arms pact slows reset of US- Russia ties

03/10/10: The New York Times reports that negotiators are making a fresh effort this week to break the diplomatic logjam over an arms control treaty and finish by the end of the month, so they can showcase the new treaty at an international summit meeting on nuclear nonproliferation that President Obama will host in Washington in April. Underscoring his determination to seal the deal, he sent Ellen Tauscher, the under secretary of state for arms control, to Geneva to help resolve remaining differences, and Secretary of State Hillary Rodham Clinton plans to travel to Moscow next week.

Israel seeks a stronger stance on Iran from UN Security Council and US

03/10/10: The Washington Post reports that Israeli Deputy Foreign Minister Daniel Ayalon will meet with senior US officials this week to emphasize Israel's growing displeasure with the slow pace of diplomacy on Iran at the UN Security Council, according to a senior Israeli official who spoke on the condition of anonymity because of diplomatic sensitivity. The Obama administration has signaled that after a year of outreach to Iran, it would get tough in 2010, promising "crippling sanctions."

03/10/10: The Miami Herald reports that the two "bad options" for Iran - letting the country develop nuclear weapons or using force to destroy its nuclear capabilities - are closer than they were a year ago, Israel's UN ambassador warned Tuesday. Gabriela Shalev told journalists at the UN Israel still hopes diplomatic engagement and sanctions will halt Iran's push to become a nuclear power, but warned: "our intelligence tells us ... that Iran is racing towards this kind of nuclear capability, and it's not a matter of years."

Japan finally confirms secret nukes pact with US

03/10/10: The Washington Times reports that Japan confirmed Tuesday secret Cold War-era pacts with Washington that tacitly allowed nuclear warships in Japanese ports in violation of a hallowed postwar principle, effectively acknowledging that previous governments had lied about them for decades. While the move was welcomed as a step toward greater government transparency, atomic bomb survivors expressed disgust that officials kept such agreements hidden for dozens of years.

Interpol expands search for Dubai killing suspects

03/09/10: CNN reports that Interpol announced Monday it is issuing notices to help search for another 16 suspects believed linked to the January killing of a Hamas leader in Dubai. The organization will now help investigators in Dubai try to track down all 27 people suspected of links to the death of Mahmoud al-Mabhouh in a Dubai hotel.

ICC postpones trial of Congo rebel leader Bemba until July

03/09/10: JURIST reports that the International Criminal Court on Monday postponed the trial of former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba, originally set to begin April 27, until July 5. The trial was delayed to allow the court more time to consider the defense's motion on the admissibility of the case, filed in February. The prosecutor and the victims' legal representatives will have until March 29 to submit their observations. The court will hold a status conference on April 27 to hear arguments on the defense motion.

Abusive Congolese colonel got UN aid

03/09/10: The Washington Post reports that the United Nations peacekeeping mission in eastern Congo provided food, fuel and logistical support to a Congolese colonel overseeing soldiers accused of gang rapes, massacres and other abuses, months after UN human rights investigators included him on a list of the army's most abusive commanders and in further internal warnings.

UK justices hear detainees' torture appeal

03/08/10: The Associated Press reports that lawyers for six former Guantanamo detainees on Monday appealed a ruling that the British government can use secret evidence to fight a claim that it was complicit in their abuse. The former terror suspects, all British citizens or residents, are suing the government and intelligence agencies over their alleged mistreatment in Afghanistan, Guantanamo and elsewhere. They deny any involvement in terrorism and allege that British spy agencies abetted their unlawful imprisonment and extraordinary rendition to locations around the world where they were tortured. HT to How Appealing.

Sri Lanka president rejects proposed UN rights panel

03/08/10: JURIST reports that Sri Lankan President Mahinda Rajapaksa on Saturday rejected the plan of UN Secretary-General Ban Ki-moon to appoint a panel of experts to look into alleged rights abuses in the island nation's civil war, saying it "is totally uncalled for and unwarranted."

Congressmen ask Pentagon to exonerate Navy SEALs in Iraq incident

03/06/10: CNN reports that a trio of congressional Republicans passionately appealed to the Pentagon on Thursday to drop charges against three Navy SEALs accused of assaulting an Iraqi suspected of orchestrating the 2004 killing and mutilation of four US contractors. Flanked by about a dozen retired Navy SEALs at a news conference near the Capitol, Rep. Dana Rohrabacher, R-California; Rep. Dan Burton, R-Indiana; and Rep. Louie Gohmert, R-Texas, insisted that the US is sending the wrong message to its troops.

NATO cautions against night raids in Afghanistan

03/06/10: The New York Times reports that a new directive from the top NATO commander in Afghanistan orders coalition forces to avoid night raids when possible, but to bring Afghan troops with them if they must enter homes after dark. The order by Gen. Stanley A. McChrystal, left, falls short of the complete ban on night raids sought by President Hamid Karzai but aims to improve relations with civilians.

UK Prime Minister seeks to limit war crimes arrest warrants for international leaders

03/05/10: Jurist reports that UK Prime Minister Gordon Brown on Thursday proposed tighter restrictions on the use of politically motivated arrest warrants for foreign leaders accused of war crimes. Brown said that he would seek to make tougher "the evidential basis on which arrest warrants can be allowed" and to restrict the right to prosecute universal jurisdiction crimes to the Crown Prosecution Service.

ICC prosecutor accuses officials in Kenya post-election violence investigation

03/04/10: Jurist reports that International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo on Wednesday submitted to ICC judges the names of 20 senior political and business leaders who “bear the gravest responsibility” for the deadly violence perpetrated after Kenya’s 2007 presidential election.

US official says START replacement agreement possible by April

03/03/10: CNN reports that US and Russian teams negotiating a new arms control agreement to replace the 1991 START treaty hope to wrap up a deal by early April, nearly a year after they began.

Rights groups renew calls for US to join landmine treaty

03/02/10: Jurist reports that several human rights groups and anti-mine activists on Monday urged the US to join the Mine Ban Treaty, marking the eleventh anniversary of the treaty's status as binding international law.

Europe officials urge new international court for communist crimes

03/02/10: Jurist reports that an international court to prosecute crimes against humanity committed by communist regimes should be created by the European Union (EU), the participants of the Prague Crimes of the Communist Regime Conference said in a joint statement Friday.

Spain judge accuses Venezuela government of aiding rebel groups in assassination plot

03/02/10: Jurist reports that a Spanish National Court judge on Monday accused the Venezuelan government of aiding two rebel groups in a plot to assassinate members of the Colombian government in Spain. Judge Eloy Velasco charged six members of the Basque separatist group ETA and seven members of the Colombian rebel group Revolutionary Armed Forces of Columbia (FARC) with subverting the constitutional order by collaborating to assassinate Colombian officials, including President Alvaro Uribe and his predecessor Andres Pastrana.

Radovan Karadzic trial becomes a battle over timing

03/01/10: BBC News reports that Radovan Karadzic has been a reluctant participant in this trial. The former leader of the Bosnian Serbs has appeared just a few times, regularly boycotting the process.

Mahmoud al-Mabhouh was sedated before being suffocated, Dubai police say

02/28/10: The Times (UK) reports that the Hamas commander Mahmoud al-Mabhouh was injected with a strong sedative before being suffocated in his hotel room by suspected Mossad agents, Dubai police have revealed.

UN to weigh lifting Saddam-era sanctions on Iraq

02/27/10: The Miami Herald reports that Iraq picked up momentum Friday in its bid to remove the UN trade sanctions that have been hampering its economy for nearly two decades in punishment for Saddam Hussein's invasion of Kuwait. With Iraq preparing for March 7 elections and US combat troops getting ready to withdraw in August, the Obama administration has been pushing for the UN Security Council to provide a boost to Iraq's economy by lifting sanctions affecting billions of dollars in annual trade.

Justice Department reveals more missing e-mail files

02/27/10: The New York Times reports that large batches of e-mail records from the Justice Department lawyers who worked on the 2002 legal opinions justifying the Bush administration’s brutal interrogation techniques are missing, and the Justice Department told lawmakers Friday that it would try to trace the disappearance.

Venezuela rights chief disputes critical OAS report

02/27/10: JURIST reports that the top Venezuelan human rights official on Thursday criticized findings in a report issued by the Organization of American States Inter-American Commission on Human Rights. Ombudsman Gabriela Ramirez, Venezuela's top rights official, said that the report makes unfair characterizations and undermines Venezuelan democracy. Ramirez responded to statistical findings in the report that suggest the perpetuation of undemocratic processes, saying that the data actually show an improved rights record. In a related statement issued Friday, Venezuelan President Hugo Chavez reaffirmed his belief that the IACHR, which has seven members elected by the OAS General Assembly, is an instrument of US imperialism.

Muammar Gaddafi calls for jihad on Swiss after ban on building minarets

02/27/10: The Times (UK) reports that Muammar Gaddafi has appealed for jihad against Switzerland, long regarded as one of the most peaceful nations in the world. The Libyan leader’s call for a holy war was, he said, a response to a Swiss referendum in November to ban the construction of minarets on mosques. It is the low point in a relationship that has been deteriorating since 2008 when Colonel Gaddafi’s son Hannibal was briefly detained in Geneva after allegedly beating his servants.

02/27/10: JURIST reports that UN Under-Secretary-General Sergei Ordzhonikidze on Friday condemned calls by Libyan leader Muamar Gaddafi for a jihad on Switzerland. Ordzhonikidze called the declaration "inadmissible". Also Friday, a spokesperson for EU high representative Catherine Ashton criticized Gaddafi's calls. Gaddafi had earlier warned that the ban could make Switzerland an enticing target for al Qaeda.

New clashes in Darfur

02/27/10: The New York Times reports that a government offensive against a rebel group in central Darfur has intensified in the past few days, a United Nations official said Friday. Samuel Hendricks, a United Nations humanitarian official, said the fighting in a stronghold of the Sudan Liberation Army in Jebel Marra had escalated, with confirmed reports of aerial bombardments in Deribat and two other surrounding areas.

Karadzic defense team to argue Sarajevo was a legitimate military target

02/26/10: Balkan Insight reports that according to Marko Sladojevic, a member of Radovan Karadzic's defense team, the arguments that Sarajevo and Srebrenica were regular military targets, while UN soldiers belonged to one of the warring parties will be two main elements in Karadzic's opening arguments in March.

UN gives Gaza investigations five extra months

02/26/10: The Miami Herald reports that the UN General Assembly voted to give Israel and the Palestinians an additional five months to conduct independent investigations of alleged war crimes during last winter's conflict in Gaza. It warned that if independent investigations are not conducted "further action" may be taken by UN bodies including the Security Council.

Rwanda tribunal sentences ex-army officer to twenty five years for genocide

02/26/10: JURIST reports that the International Criminal Tribunal for Rwanda on Thursday convicted ex-army officer Ephrem Setako on charges of genocide, crimes against humanity, and murder and sentenced him to 25 years in prison. The tribunal found that Setanko, a lieutenant colonel in the Rwandan Army who was also head of the legal affairs division of the Ministry of Defense, ordered the killing of around 50 Hutus at a military camp in northern Rwanda between April and May 1994. He was acquitted of complicity to commit genocide, murder as a crime against humanity, and pillage as a war crime.

Tolimir genocide trial begins at ICTY

02/26/10: Balkan Insight reports that the trial of General Zdravko Tolimir, accused of crimes committed in Srebrenica in July 1995, will begin today in The Hague. Tolimir, 61, will represent himself during the trial. Tolimir was responsible for intelligence and security for the Army of Republika Srpska, VRS. He was one of seven deputy commanders to General Ratko Mladic, who is still at large 15 years.

Myanmar court rejects Suu Kyi's appeal

02/26/10: CNN reports that Myanmar's Supreme Court rejected Friday an appeal by pro-democracy leader Aung San Suu Kyi to overturn her house arrest. The Nobel Peace Prize laureate's house arrest was extended by 18 months last August after an incident in which uninvited American John Yettaw stayed at her lakeside home. Myanmar's ruling military junta accused Suu Kyi of breaching the terms of her house arrest.

US judge throws out suit against Palestinian Authority over torture

02/26/10: Politico reports that a federal judge in Washington has ruled that an alleged victim of torture at the hands of Palestinian police cannot sue the Palestinian Authority in a US court. Judge Richard Roberts has thrown out a lawsuit brought by Ali Mahmud Ali Shafi, a man who says he served as an Israeli informant in the West Bank. Ali Shafi contends he was abducted by Palestinian Authority security officials in September 2001. Torture victims can sue their alleged tormentors under a 1991 law, the Torture Victims Protection Act. However, that law applies only to suits against individuals, and Ali Shafi sued the Palestinian Authority itself and the Palestine Liberation Organization.

UN rights chief backs Gaza conflict report

02/26/10: JURIST reports that UN High Commissioner for Human Rights Navi Pillay publicly supported the final report of the UN Fact Finding Mission of the Gaza Conflict on Wednesday, calling its conclusions sound. The report, originally adopted by the UN Human Rights Council in October, accused both Israeli Defense Forces and Hamas fighters of war crimes during the 2008-2009 Gaza conflict.

Despite pressure, China still resists Iran sanctions

02/26/10: The New York Times reports that despite intense public and private pressure by the Obama administration, China has not yet shown any sign that it will support tougher sanctions against Iran, leaving a stubborn barrier before President Obama’s efforts to constrain Iran’s nuclear ambitions. Diplomats from two major European allies said this week that China had refused even to “engage substantively” on the issue of sanctions, preferring to continue diplomatic efforts with Tehran.

Liberian denies US claims of civil war killings

02/25/10: The Miami Herald reports that a significant figure in Liberia's civil war now living in upstate New York has denied charges that he is responsible for killings overseas and is in the United States without valid documents. US Immigration and Customs Enforcement authorities are moving to return George Boley Sr. to Liberia based on allegations that he was the leader of a warring faction that committed grisly human rights abuses during the West African country's more than decade-long civil war.

US refuses to endorse British sovereignty in Falklands oil dispute

02/25/10: The Times (UK) reports that Washington refused to endorse British claims to sovereignty over the Falkland Islands yesterday as the diplomatic row over oil drilling in the South Atlantic intensified in London, Buenos Aires and at the UN. Despite Britain’s close alliance with the US, the Obama Administration is determined not to be drawn into the issue. It has also declined to back Britain’s claim that oil exploration near the islands is sanctioned by international law, saying that the dispute is strictly a bilateral issue.

US says agents will not embed with Mexican police

02/25/10: CNN reports that diplomatic officials denied there are plans to have American intelligence officials embedded with Mexican units. The statement was part of a flurry of reaffirmations of where the United States and Mexico stand with each other in relation to anti-drug operations in Mexico, spurred by a Washington Post report that US agents would be embedded with Mexican law enforcement units.

Fifteen new suspects in Dubai murder plot

02/24/10: CNN reports that police on Wednesday announced 15 new suspects in the January killing of a Hamas leader at a Dubai hotel, bringing to 26 the number of people suspected of involvement in his death. Authorities previously had released a list of 11 suspects in the killing of Mahmoud al-Mabhouh, a founding member of Hamas' military wing. Al-Mabhouh was found dead in his hotel room January 20. Police believe he was killed the night before. Among the new suspects are six more people who allegedly used British passports in the commission of the crime, four others using Irish passports, two other French passport holders and three people, including a woman, traveling on Australian passports.

Venezuela, President Chavez criticized in OAS report

02/24/10: The Washington Post reports that the human rights branch of the Organization of American States issued a blistering 300-page report Wednesday morning against one of its members, Venezuela, saying that the oil-rich country run by President Hugo Chavez constrains free expression, the rights of Venezuelans to protest and the ability of opposition politicians to function.

US will use banks to thwart Iran nukes

02/24/10: The Washington Times reports that the Obama administration, having failed in its first year to reach an entente with Iran, will toughen US policy by applying unprecedented pressures on that regime as it continues its quest to become a nuclear power. The first target likely will be Iran's banks. Building on steps taken during the second term of the George W. Bush presidency, the Treasury Department likely will designate Iran's central bank as a terrorist-supporting entity. In 2005, Mr. Bush issued Executive Order 13382 to bar financial entities involved in nuclear proliferation from the US financial and commercial system. The Treasury Department has designated 15 Iranian banks since 2007.

Three Guantanamo prisoners transferred to Albania

02/24/10: Balkan Insight reports that the Albanian Ministry of Interior announced on Wednesday that it has accepted the transfer of three prisoners from the US detention center in Guantanamo Bay, Cuba. The transfer of the three prisoners, Saleh bin Hadi Asasi, of Tunisian nationality; Sharif Fati Ali al Mishad, from Egypt; and Abdul Rauf Omar Mohammad Abu al Qusin, from Libya, was reached through separate agreements between Albania and the United States.