SOMALI GENERAL AND COMMANDER OF THE ARMED FORCES LIABLE FOR WAR CRIMES
In Uncategorized on August 13, 2011 at 7:07 pm
On February 23, 2012, former Somali General Mohamad Ali Samantar accepted liability before U.S. federal judge Leonie Brinkema for torture, extrajudicial killing, war crimes and other human rights abuses committed against the civilian population of Somalia during the brutal Siad Barre regime. This draws to an end a seven year quest in the U.S. courts for justice for those harmed by General Samantar and troops under his command.
After the collapse of the Siad Barre dictatorship, General Samantar fled Somalia and then ultimately settled in Fairfax, Virginia where he has lived openly for the past fifteen years.
Samantar accepted liability in open court today and in the presence of survivors include the four plaintiffs:
• Mr. Bashe Abdi Yousuf, then a young business man who was arbitrarily detained, tortured, and kept in solitary confinement for over six years;
• Mr. Aziz Mohamed Deria, whose father and brother were abducted by Somali soldiers, threatened with execution, and never seen again;
• Mr. Buralle Salah Mohamoud, a rural goat herder, who was abducted and tortured by Somali soldiers, along with his two brothers, who were summarily executed; and
• Mr. Ahmed Jama Gulaid, then a Somali soldier, who was arbitrarily detained and shot by firing squad, but miraculously survived, waking up under the bodies of other Somali soldiers with whom he had served.
This is the first time that anyone has been held to account for the atrocities committed by the brutal Siad Barre regime in Somalia. General Samantar was the Minister of Defense and the Commander of the Armed Forces.
In the words of Steven Schulman of Akin Gump Strauss Hauer & Feld:
“Today, a strong message has been sent to former foreign officials who come to America after they are no longer in power – they cannot come to the U.S. and escape accountability for crimes committed against humanity in their home country. Today’s developments are historic as this is the first time an official has been held accountable for the atrocities committed by the Siad Barre regime. Our clients showed great strength in pursuing this case and once and for all, justice has been served.”
In the words of CJA client Bashe Yousuf:
“For many, many years, I have been looking for justice — for my day in court and not just for me personally, but for the thousands of people in Somalia who were tortured, and murdered. It has been many years and required a lot of patience, but today Samantar is finally being held accountable for ordering these horrific crimes. It is hard to put into words what this means for me and so many others who were impacted by the Siad Barre regime. It gives me great comfort that I can put this chapter of my life behind.”
This case was filed by the Center for Justice & Accountability in 2004 and was litigated by CJA and pro bono co-counsel from Akin Gump.
Source: http://cja.org/article.php?id=1077
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Somali refugees in Mogadishu camps “not safe from attack”
In an exclusive report, Channel 4 News has spoken to refugees who say women in camps in Mogadishu are being raped and not enough is being done to keep them safe.
Somalia’s capital is now swollen with thousands of new refugees fleeing the drought caused by the failure of the last two expected periods of rain. After hearing international help is on hand, refugees have headed for Mogadishu.
Civilian Harm in Somalia: Creating an Appropriate Response
Civilian casualties are common in Somalia, the world’s most dangerous country.1 Ravaged by two decades of conflict, the current fighting between the Transitional Federal Government (TFG) supported by the African Union Mission in Somalia (AMISOM) and various armed groups (notably al-Shabaab) continues to take a heavy toll on the civilian population.
Between February and July 2011, CIVIC conducted over one hundred interviews with Somali civilians, humanitarian agencies, the UN and international donors and AMISOM personnel. This report also draws heavily on previous original research. The goal was to inform AMISOM’s and the other warring parties’ response to civilian harm.
This report details the response Somalis want to see when civilians are harmed in conflict. It sets out how traditional dispute resolution mechanisms can inform such responses and makes technical recommendations. We urge AMISOM and its partners to use these findings as a basis for a formal system to address civilian harm. If al-Shabaab does adopt a policy of civilian protection, they too should implement a formal mechanism to track, investigate and respond to civilian casualties they cause.
This report does not focus on accountability for violations of human rights and international humanitarian law. These must remain a separate priority.
No apology or amount of compensation can give back what Somali war victims and their families have lost. But our findings clearly show that an attempt to respond to their suffering in this conflict can mitigate some of the consequences and return a sense of dignity to the victims and their communities.
Click here for the full report
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Somalia FAMINE ” Crime Against Humanity?
An emaciated child is among the displaced Somalis at the Dadaab refugee complex last month in eastern Kenya.
By Jens David Ohlin, Special to CNN
August 12, 2011 — Updated 1330 GMT (2130 HKT)
Editor’s note: Jens David Ohlin is associate professor of law at Cornell Law School and the co-author (with George Fletcher) of “Defending Humanity: When Force is Justified and Why” (Oxford University Press, 2008).
(CNN) – Somalia is known to most Americans as the setting for the book and film “Black Hawk Down” and as the world center for modern-day pirates. It is the poster child for failed humanitarian interventions and for good intentions gone wrong.
But none of that should blind Americans to the horrific humanitarian crisis developing in Somalia, a growing famine that threatens to kill hundreds of thousands of people if they do not receive help from the international community.
Of course, many of the problems that doomed the U.S. intervention in 1992, and led to “Black Hawk Down,” remain. Despite years of diplomatic efforts, Somalia persists in a state of near anarchy. The central government controls only a fraction of the country, and warlords with private militia still battle each other for control of territory and trade. Now, an Islamic insurgency has further eroded security in the region, and organized groups of pirates use Somalia’s anarchy as a launching point for raids against merchant vessels.
A humanitarian intervention in Somalia might be politically difficult for President Barack Obama to justify. With U.S. commitments in Afghanistan and Iraq, as well as military operations in Libya continuing without congressional approval, Obama has likely used up his political capital.
Misery in world’s largest refugee camp
But this does not mean that there are no options. The U.N. Security Council can — and should — refer the situation to the chief prosecutor of the International Criminal Court for a full investigation into crimes against humanity in Somalia.
In the past, relief agencies have called famines and world hunger a crime against humanity. After all, the right to food is a universally recognized human right. Therefore, the argument goes, if people are dying from a lack of food and potable water, somebody must be responsible and it must be a crime. A crime against humanity sounds just about right.
But calling all cases of famine a crime against humanity is aspirational — a statement about the way the law ought to be, not a statement about what the law is right now. Wishful thinking and moral indignation do not make something a crime against humanity. The fact of the matter is that people die from hunger every day. This may be a moral affront to humanity, but that doesn’t make it a crime against humanity that can be prosecuted by the International Criminal Court.
That being said, there is a solid, sober and black-letter rationale for referring this case to the International Criminal Court. Several witnesses have publicly said that they were prevented from leaving the region by armed members of Al-Shabaab, the Islamic insurgent group battling for control of the country. According to these accounts, Al-Shabaab soldiers have set up an internment camp and have imprisoned people to prevent them from leaving. If these allegations are true, they could constitute a solid basis for an indictment for crimes against humanity.
International law defines crimes against humanity as a widespread or systematic attack against a civilian population. The attack can take one of many forms, including murder, enslavement and deportation. Another example is “imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,” according to the statute of the International Criminal Court.
Some international courts have also imposed an additional requirement for prosecuting crimes against humanity: The attack must be made pursuant to a state or organizational plan or policy. In the past, an “organizational policy” referred to entities such as the Gestapo in Nazi Germany that perpetrated crimes against their own citizens.
In the case of Somalia, Al-Shabaab could be considered an “organization” with a deliberate policy of preventing civilians from leaving their territory. Al-Shabaab has a powerful incentive to prevent Somalis from voting with their feet: It would deprive the insurgency of valuable legitimacy if its population is slowly drained away.
When the United States and United Nations intervened in Somalia in 1992, the International Criminal Court did not even exist. Now, the international community has a new legal and diplomatic tool at its disposal. With government attacks against civilians in Libya and Syria in just the last six months, it is clear that the next decade will witness a dramatic expansion in work for the International Criminal Court. Somalia should be on the agenda.
Members of the Security Council need to act. They don’t need to authorize military force — just a criminal investigation. They don’t need to accept any of the aspirational theories about famine as a violation of international law. They only have to read the legal definition of crimes against humanity.
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Human Rights Watch document outlines numerous abuses by Somalia’s warring parties and repeats call for UN intervention
The warring parties in Somalia should ease rather than thwart the humanitarian effort to deal with drought and famine, a human rightsgroup said on Monday.
Human Rights Watch accused all sides involved in the 20-year conflict of contributing to Somalia’s humanitarian catastrophe by committing serious violations of the laws of war.
According to the UN, at least 3.7 million people are in acute food and livelihood crisis as a result of persistent drought and conflict. Famine was recently declared by the UN in five regions in southern Somalia, including the area in and around the capital, Mogadishu.
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Update: Aid for the food crisis in the Horn of Africa – get data
An estimated 12.4 million people now need humanitarian assistance inSomalia, Ethiopia, Kenya and Djibouti, according to the UN. The food security crisis in the Horn of Africa has been called the worst humanitarian crisis of 2011 by Antonio Guterres, head of the UN refugee agency, the UNHCR, and the most severe food crisis in the world today.
But aid donors have been criticised for dragging their feet over sending aid to the affected areas and there have been calls for more funding to meet the need.
The UN says $2.5bn in aid is now needed for the humanitarian response, with a current shortfall of around $950m (down from $1bn on 30 August, $1.1bn on 22 August, $1.22bn on 15 August, $1.33bn on 8 August and around $1.4bn on 1 August 2011).
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No Famine Has Ever Taken Place In A Democracy
On my Air Canada flight back from Calgary I was riveted by Thomas Keneally’s probing piece in the Toronto Globe And Mail strongly asserting that the dreadful drought in Somalia, Ethiopia and parts of Kenya and accompanying famine are not the chief cause of the tragic deaths of so many Africans, especially children, in those African areas. Rather, Keneally, best known for his book “Schindler’s List,” believes the killing fields are due to tribal warfare, corruption in the distribution of foodstuffs and armed youth gangs, whose lives are merely “conflicts, raids, and molestation of citizens. Al-Shahab(‘the youth’) –”not drought, that stands between the starving and the food,” says Keneally. “It must be terrifying for the men, women and children now trying to get into Kenya to find themselves surrounded by militia men emerging from the thorn trees.” The message; starvation is nearly always due more to politics and war–than just drought and the absence of water and food. To be fair I was just reminded by a reader that the Irish famine of 1848 did not send the starving Irish to their graves or to the US because of a war.
For energy investors, there’s the controversial oil pipeline from t he Canadian tar sands all the way to Houston, Texas The Keystone Pipeline is a project opposed by Nebraska farmers particularly because it will run through the Ogallala Aquifier which is a massive underground supply of water which provides 78% of the water required ny Nebraska residents like Warren Buffett as well as 83% of the water used for irrigating farmers fields. The very compelling map in the Globe And Mail, Aug. 26– which I have not seen in such detail in any American media sets the battle-lines; OIL VS WATER. You’ll be hearing a great deal more about this issue as the world’s population increases from 7 billion to 9 billion by 2040.
Robert Lenzner, Forbes Staff
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Un warns of 750.000 deaths as Somalia famine area spreads
The United Nations warned yesterday that as many as 750,000 people could die in the next four months if aid does not reach them in Somalia, declaring that a sixth region in the country’s south is now in famine. Bay province in south-central Somalia is the latest area in the drought-devastated country to be classified a famine zone.
Almost entirely controlled by the Islamic militant group al-Shabaab, it is said to have malnutrition rates worse than anything previously recorded in the country. “The rate of malnutrition among children in Bay region is 58 per cent,” the UN’s technical adviser Grainne Moloney said.
More than half the Somali population – around four million people – are now dependent on food aid. Tens of thousands of people are thought to have died in the crisis, which has also hit areas in Kenya, Ethiopia, Djibouti and Uganda, after the worst drought in the Horn of Africa in 60 years.
As many as 150,000 people have fled their homes, filling refugee camps in search of help.
More than £1bn has been donated to help respond to the emergency since it was first declared at the beginning of July. But the UN says its not enough to stop people dying of hunger.
“The increase in humanitarian funds that have come in since July has allowed us to immediately and significantly scale up our response, but this external support will need to be sustained,” Ms Moloney said. “These funds have only just begun to flow in now and we can expect our activities to continue to scale-up.”
Somalia has been worst hit by food shortages, which have been compounded by the country’s brutal 20-year civil war.
Accessing people in large parts of the country controlled by militants has been almost impossible for all but a handful of aid agencies, which operate on an extremely limited basis.
At the weekend, the head of the charity Médecins Sans Frontières (MSF) launched a stinging attack on the appeal for aid, arguing that some agencies were misleading the public on how much they can achieve in Somalia.
“MSF has been working in Somalia for 20 years, and we know that if we are struggling then others will not be able to work at all,” Dr Unni Karunakara said. The reality on the ground is that there are serious difficulties that affect our abilities to respond to need.”
He said members of the public donating money should know that nearly all aid being delivered is distributed in the capital Mogadishu
By Flora Bagenal in Nairobi
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No Peace Without Justice
In Uncategorized on March 31, 2010 at 8:43 am
PUBLICATIONS Human Rights Watch (HRW)
There is no quick fix to Somalia’s tragedy, but it’s clear that impunity for serious abuses perpetuates insecurity. International pressure to bring an end to abuses by all sides is more crucial than ever – a more secure and rights respecting Somalia would be less prone to violence and famine.
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Hargeysa kaliya Xasuuq loo ma damacsaneen ee Hawiye xaata waxaa la rabay Somalia inaa laga cirbtiro(Daawo Sir ay soo Heshay Keydmedia)
20 Sano ayaa ka soo wareegtay Dacdadaan hada aad Daawaneysaan, waxaana moodaa in ay ku xirmeyso mida Maantay taagan. Shalay Morgan iy…
Video waxaa cadeen eh Shirka Golahaa Darood ku Yeeshen 1990 inte USC Dalka ka xoryeen Xaqdarada lagu hayay shacabka Somaliyeed ee Konfuurta iyo Bartamaha dagan Digil Mirlfe, Hawiye, Bendariiga, Isaaq Inee Dagaal xasuuq la damacsana Hawiye iyo inee rabeen deegankood Somalia oo dhan laga cirbitriyo.
Videoha ayaa cadeenayo marke Haweenka Golaha Darood Sheegtay Hawiye waa Xoolo anaga ayaa ku fiican inaa markaste mamuln Hawiye waa Xayiwanin xoolo away sharftii iyo Karamadii Darood mar ayee sida tiiri.
Sharafta iyo Karamada Darood inaa soo celino Xukunka ee 21 sano ku mamulayeen ayee shirkan ku dhawaqeen inee mamulan waye Hawiye anaga ayee noo hoose imaadan waa tabardaran yahiin xaywanin iyo cid ayaga la shaqeyo ama tageersan Darood ma ahaan.
Daawo Sir ay soo Heshay Keydmedia
Walalliyal Fariinta Gudbiyaa Siyaad Barre Wasiirkiis Gashandiiga Somalia G Morgan iyo Golaha Darood Waxee la damacsanyeen Hawiye iyo Waxee Ka Aaminsanyahiin beel Weynta Hawiye ayee video ku cadeeyen.
Mowqifkas Inta badan Darood ayaa aaminsan miyaa walallyaal? hade Aqoonyahandood, Saraakishood, Odayaal Dhaqmeedkood, Culimaadood shirkaas joogeen ku tageersanyen Mowqifkood ee Hawiye ha la baabiyo?
Farinta gudbiyaa idinka mahadsan Internation Haag ayaa la gudboon inaa la soo taago Saraakisha Siyaad Barre uu ugu horeyo G.Morgan iyo inta xasuuq geystay!!!
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R/wasaaraha Haddii uu-san Waalneen waa Xishoon lahaa – by Dr. Ali. A. Hirabe
Dr. Ali. A. Hirabe – Barnaamijka Cusub ee uu wato Cabdiweli waa mid laga dhaxlay Cabdullaahi Yusuf oo aanan biyo lagu dhaqin, waxaa umada aay la yaaban tahay hab-dhaqanka R/wasaare C/weli oo aad mararka qaar is leedahay sow ninka ma xishooda miyaa?
Xishoodka waa Qeyb ka mid ah iimaanka weliba xishoodka waa wax lagu amrri jiray xitaa ummadihii naga horeeyey, haddii aad dib u fiiriso waxaa uu ahaa nin mucaarad ku ah maxkamadihii dalka ka hanno qaaday 2006 waxuuna xiligaas u ololeeyn-jiray kuna faraxsanaa gumaadka Ethiopia ee magaalada Muqdisho iyo hogaanka C/aahi Yusuf oo Qabiiliga ahaa.
Dib u aqri maqaalka magaciisu yahay Prof Cabdiweli weli maxaa u wehliya Aqoontiisa 1,2,3, waxaa umada ogtahay shirkii Garowe in uu ahaa mid xaaraan ah sabbabta oo ah Somali oo dhan kama soo qeeybgelin, qodobada ka soo baxay waa kuwa aay mudneeyd in xildhibaanada baarlamaanka ku meelgaarka ahi go’aanka noocaan oo kale aay gaaraan not Faroole iwm.
Ilaah baan idinku dhaariyee ma mudan tahay in dastuurkii qabyada ahaa ee la dhahay waa la soo dhameeystiray anaga oo og in Somali aayan ka warqabin meel lagu dhameeystiray iyo cida dhameeystirtay hirgelintiisa in 1000 qof cod u qaadaan ??? ma Somali ayaa 1000 ah ??
In 4,5 lagu noqdo ama laga gudbo maaha mid Faroole iwm aay mudneeyn in lagala tashato balse xildhibaanada ku meelgaarka ah ayaa lahaa awoodaa sabbabta oo ah Kenya iyo Jabuuti waxaa awooda iyo xukunka Somalia lagu qeeysaday qabiil dhalay 550 xildhibaan.
Somalida waxaa aay leedahay indheergarad aqoon yahan, siyaasi, culumo , dhalinyaro macnaha noocwalba oo aadahana leeyahay,dhamaan umada waxaa aay aragtaa xishood la´aanta C/weli ee hogaamisay ama ku qasabtay in uu baarlamaanka iyo xulashada gudoomiyaha baarlamaanka Madoowe Nuunow diido, awoodaasi xagee ka keenay ??
Dastuurka ku meelgaarka ahi 71 qodob xagee kaga qoran tahay sharci r/wasaaraha u ogoloonaya in uu faro gashto baarlamaanka ??? sow lama dhihi karo waa aqoon dari iyo xishood la´aan,haddii xishoodka dhinto xaywaanka wax kama duwana qofka.
Waxaa umada aay la yaaban tahay in bisha May Dastuurka qabyada ahaa aay cod u qaadayaan 1000 qof, in bisha Jun la dhameeystiri doono xulashada xildhibaanada qaranka 225 sow dhalanteed maaha,kuwa hada jooga ee isku dilaya xaqa iyo xaqdarada ayaa mudneeyd in aay qaataan tiro-dhimista iyo xiliga xildhibaano qaran la sameeyn karo.
Roadmapki baarlamaanka lama geeyn, shirkii gacan ku rimiska ahaa ee Garowe baarlamaanka lama geeyn, dastuurka la soo dhameeystiray baarlamaanka lama geeyn xagee u socdaa C/weli sow lama dhihi karo xishood la ´aan ayaa ku hogaamineeysa ama ku qasbeeysa in uu ku dhaqaaqo wax umada aay ka xishooto Somali koleey waa aay arkeeysaa Faroole iyo C/weli burbur cusub ayaad Somali u horseedeeysiin Punland kama faaiideeyso haddii aad islaheeydeen Puntland ayaa ka faaiideeysa.
Shariif waxaa jirtay xili uu carfayay oo la lahaa shariif amiir iwm maantase waa urayaa sabbabta oo ah waxaa ka fogaaday cadaalada umada Somali waxaana uu noqday nin halgankii umada dib u cunay garan waayay in umada aay leedahay asagana uu ka ahaa hogaamiye kaliya balse kursiga ayuu umada ka doortay,wallow kursiga nina uusan dhaxal u laheeyn. Alow sahal umuuraha!
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Amnesty: Ethiopia Using Terror Laws to Arrest Government Critics
Amnesty International says Ethiopian authorities have been using anti-terror laws as a pretext to arrest and silence politicians and journalists who criticize government policies.
In a report released Friday, the human rights group said at least 114 opposition politicians and six journalists have been arrested since March.
Amnesty said, in many cases, calls for peaceful protests or attempts to conduct investigative journalism have been interpreted as acts of terrorism or other criminal wrongdoing.
While journalists and politicians in Ethiopia have been subject to arrests in the past, the report said the recent increase in terror charges represents “a new level of repression” in the government’s efforts to stifle political dissent.
Amnesty also criticized several senior Ethiopian government officials, including Prime Minister Meles Zenawi, for making public comments that imply that all terror suspects are guilty. The group says it does not believe they will receive a fair trial.
Ethiopia’s broad anti-terrorism laws went into effect earlier this year. Activists have complained the new provisions have led to a new wave of politically-motivated arrests that have netted dozens of journalists and prominent opposition politicians.
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UN to target corrupt Somali with new sanction
NAIROBI, Kenya—Corrupt Somali politicians could face travel bans and have their foreign assets frozen under tough new United Nations sanctions, a U.N. official said Tuesday, a move that analysts said could also help get desperately needed food aid to the country’s growing number of famine victims.
Famine Ravages Somalia in a World Less Likely to Intervene
By JEFFREY GETTLEMAN
Friday, September 16, 2011
DOLO, Somalia — Is the world about to watch 750,000 Somalis starve to death? The United Nations’ warnings could not be clearer. A drought-induced famine is steadily creeping across Somalia and tens of thousands of people have already died. The Islamist militant group the Shabab is blocking most aid agencies from accessing the areas it controls, and in the next few months three-quarters of a million people could run out of food, United Nations officials say.
Soon, the rains will start pounding down, but before any crops will grow, disease will bloom. Malaria, cholera, typhoid and measles will sweep through immune-suppressed populations, aid agencies say, killing countless malnourished people.
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Restore the rule of law and provide accountability and redress for the victims of crimes under international law
No Peace Without Justice (NPWJ’s) International Criminal Justice program focuses both on international and national efforts to restore the rule of law and provide accountability and redress for the victims of crimes under international law, be they through the International Criminal Court, or through ad hoc Courts or Tribunals, national prosecutions or other accountability processes. The overall objective of the International Criminal Justice Program is to ensure that whatever solution is adopted, it is shaped and implemented so that it can contribute to the restoration of the rule of law, it is responsive to the needs of stakeholders and it adheres to the strictest human rights standards.
Much of No Peace Without Justice (NPWJ’s) current focus for international criminal justice consists of (1) ensuring broad support for accountability as a systematic response to massive violations of human rights and international criminal law; (2) reducing the expectation of impunity and removing the perception of rewards for violence on the part of parties to the conflict, potential perpetrators, victims and affected populations; and (3) increasing the impact, effectiveness, transparency and accountability of accountability mechanisms to stakeholders. In addition, NPWJ continues to work towards the universality of the Rome ICC Statute by promoting its ratification and effective implementing legislation, since the ICC can act as a catalyst, as a guardian and as a last resort for the effective investigation and, where appropriate, prosecution of serious crimes under international law.
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NPWJ stratregy on international criminal justice
NPWJ’s International Criminal Justice program focuses both on international and national efforts to restore the rule of law and provide accountability and redress for the victims of crimes under international law, be they through the International Criminal Court, or through ad hoc Courts or Tribunals, national prosecutions or other accountability processes. The overall objective of the International Criminal Justice Program is to ensure that whatever solution is adopted, it is shaped and implemented so that it can contribute to the restoration of the rule of law, it is responsive to the needs of stakeholders and it adheres to the strictest human rights standards.
NPWJ’s ICJP Program has four main strategic objectives, developed as a result of our work over the last 16 years, which are constantly reviewed according to changing political, social and legal landscapes, to consolidate gains and anticipate future priority areas:
(1) ensuring broad support for accountability as a systematic response to massive violations of human rights and international criminal law;
(2) reducing the expectation of impunity and removing the perception of rewards for violence on the part of parties to the conflict, potential perpetrators, victims and affected populations;
(3) increasing the impact, effectiveness, transparency and accountability of accountability mechanisms to stakeholders; and
(4) promoting universality of the Rome ICC Statute by promoting its ratification and effective implementing legislation.
(1) Contribute to broad support for accountability as a systematic response to massive violations of human rights and international criminal law
Countries that have recourse to or have implemented accountability processes following periods of violations of human rights or international criminal law are generally more likely to achieve sustainable peace and development, including poverty reduction, and are less likely to return to conflict or violence. Consistent public messages about accountability during ongoing conflict or violence is an important factor in dampening the violence and reducing the number or scope of violations that are committed. Key elements in achieving this are decision-makers’ policies, civil society advocacy and favourable public opinion, particularly within the country where violations have occurred. A demonstrated commitment to accountability, for example through ratification and implementation of the ICC Rome Statute, will also be an important element. In addition, accountability processes are more likely to be effective when they are supported by civil society, victims and the populations that are affected by their work. Public opinion within countries that might support accountability processes elsewhere, for example within donor countries, will also be an important element in decision-making about whether to extend that support. It is important for accountability to become an automatic response when faced with massive violations of human rights or international criminal law, particularly during the early stages of conflict resolution or attention to a situation, and to broaden and deepen support for accountability by a range of stakeholders. NPWJ employs a variety of methods to influence policy-development and public opinion, including advocacy, technical assistance, outreach, capacity-building and public campaigns. We work in a variety of countries where accountability processes are needed or are ongoing, working directly and by supporting local partners. Current focus-countries for this strategic objective are Afghanistan, Kenya, Lebanon, Sudan, Uganda and the MENA region as a whole. We also work globally through engagement with States, the ICC, the United Nations, the European Union and other international bodies.
(2) Reduce the expectation of impunity and remove the perception of rewards for violence on the part of parties to the conflict, potential perpetrators, victims and affected populations.
One factor potential perpetrators consider in deciding whether or not to commit violations is the likelihood of facing an accountability process. This is influenced by a range of factors, including whether an accountability process exists or is likely to be established, the likelihood of being called to account, the likely level of political support to shield the perpetrator and the level of public opinion in favour of perpetrators being called to account. It is important to reduce the expectation of impunity and remove rewards for violence by making accountability more likely. At the same time, victims and affected populations who believe there will be impunity for violations committed against them are generally less likely to have trust in institutions or in the State itself, creating a cycle in which conflict and violence are more likely to continue. Reducing the expectation of impunity increases the likelihood of victims and affected populations (re)gaining trust in public institutions, which also strengthens the ability of accountability mechanisms to play a role in conflict reduction and prevention, sustainable peace and development, including poverty reduction. NPWJ seeks to influence these factors in favour of reducing the expectation of impunity and the perception of reward for violence through a variety of methods, including technical assistance, advocacy, outreach, capacity-building and public campaigns. Since this objective is closely related to the first, it is pursued in the same countries where accountability processes are needed or are ongoing as well as at the international level.
(3) Increase the impact, effectiveness, transparency and accountability of accountability mechanisms to stakeholders, in particular for victims and populations affected by violations.
Accountability mechanisms may be designed and implemented according to the highest international standards, but their effectiveness is limited if they are not responsive to the needs and aspirations of their stakeholders, as they will have little impact in promoting deterrence, redress and contributing to sustainable peace and development in the countries where violations were committed. To be responsive, accountability mechanisms need to consult regularly with stakeholders on the ground, engage them in two-way interaction regarding their mandate and operations, promote participation of stakeholders in their work and be transparent and accountable to victims and affected communities on the ground. NPWJ seeks to achieve this objective through a variety of methods, including advocacy, technical assistance and campaigns. Current focus countries for this objective include the ICC’s situation countries, in particular the Democratic Republic of the Congo, Kenya and Uganda. NPWJ also engages with the ICC and its States parties to promote support for a stronger international justice system that is more responsive to victims and affected communities, and more effective in ending impunity.
(4) promoting complementarity and universality of the Rome ICC Statute through ratification and effective implementing legislation.
The promotion of the universality of the Rome Statute and the adoption of national legislation implementing international criminal justice obligations also remains a high priority for NPWJ, as does supporting the practical operation of the principle of complementarity, whereby the ICC acts as a catalyst, as a guardian and as a last resort for the effective investigation and prosecution of serious crimes under international law. NPWJ’s work includes the promotion of local efforts to narrow the impunity gap, including through non‑judicial, quasi-judicial and neo-traditional accountability mechanisms. NPWJ aims in particular to increase awareness and building capacity of local actors on international and transitional justice issues in which NPWJ has specialist expertise, including conflict mapping, outreach and the needs of children in accountability mechanisms.
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Somalia: Stop Unfair Trials, Executions
(London) – Somalia’s Transitional Federal Government (TFG) should ensure that its military court respects basic fair trial standards, and should immediately halt executions, Amnesty International and Human Rights Watch said today. The TFG should also prohibit trials of civilians in the military court, the organizations said. The transitional government’s international partners should firmly object to these serious human rights violations at the upcoming consultative meeting in Mogadishu.
Military trials under way in Mogadishu raise serious human rights concerns, Amnesty International and Human Rights Watch said. The military court functions with no guarantee of basic fair trial standards. On August 22, 2011, two government soldiers convicted of murder by the military court were executed, with no opportunity to appeal as is required under international law. On August 29, the court sentenced two defendants to death for allegedly intending to sell ammunition to al-Shabaab, the armed Islamist group that controls much of the country. Sources reported that one of the defendants was a female civilian, was asked only one question by the court during the short hearing, and did not have legal representation.
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Ethiopia: Free Detained Opposition Leaders
(London) – The Ethiopian government should immediately release two ethnic Oromo political opposition leaders detained on what appear to be politically motivated charges, Human Rights Watch said today. Journalists told Human Rights Watch that as many as 20 other Oromos who were picked up in Addis Ababa and the Oromia region over the weekend are also being held.
Ethiopian authorities arrested Bekele Gerba, deputy chairman of the opposition Oromo Federal Democratic Movement (OFDM), and Olbana Lelisa, a spokesman for the Oromo People’s Congress (OPC), on August 27, 2011, in Addis Ababa. A government spokesperson announced that Gerba had been arrested by an anti-terrorism task force and is accused of having links with the banned rebel armed group, the Oromo Liberation Front.
“The arrest of these Oromo leaders appears to be a prime example of the government using the anti-terrorism law to silence the opposition,” said Ben Rawlence, senior Africa researcher at Human Rights Watch. “The authorities should immediately release Bekele Gerba and Olbana Lelisa unless there are credible charges against them.”
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