IMPUNITY WATCH ANNUAL REVIEW

Volume 1 2010-2011

DEDICATION
Power Paying Tribute to Reason Portraits of Women at Nuremberg Ann Flower E. Seyse

ARTICLES

Leading War Crimes Prosecutions

Diane Marie Amann Matthew Parker-Lavine

Reflections on Women in International Criminal Law

SPEECH NOTES

Marilyn J. Kaman

The Inconspicuous Genocide of Albino Africans Be the Change

Ryan Cole Kelsie Flynn

REPORTS

Collective Year in Review

Impunity Watch Reporting Staff

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Cite as: [add cite] ISSN [add #] Impunity Watch is owned, published and printed annually by Syracuse University, Syracuse, New York 13244-1030, U.S.A. The publication is designed to chronicle some of the most significant instances of impunity during the previous year as reported on our website. Impunity Watch provides objective reporting on impunity issues throughout the world, allowing op- pressed individuals to gain a public voice. The goal of Impunity Watch’s web- based presence is to immediately alert the world to impunity issues. Impunity Watch also publishes articles relating to impunity issues from academic, professional, and student authors. Impunity Watch aims to examine human rights and impunity issues from both a grassroots and academic perspective. Editorial and business offices are located at: Syracuse University College of Law, E.I. White Hall, Room 159, Syracuse, NY 13244-1030 U.S.A. Impunity Watch actively seeks and accepts article submissions from scholars and practitioners in the fields of international law, human rights, political science, history, and other humanitarian law related fields. The publication hosts an annual symposium in the spring of each year and maintains a comprehensive website of all the articles and reports published. From Impunity Watch’s founding three years ago, it has grown through the dedication of many students and the guidance of Professor David Crane at Syracuse University College of Law. Impunity Watch now has a dedicated readership around the world, including many government officials and NGOs. Please Visit our website to read past and current reports, and consider subscribing to our daily news feed. The views expressed within are solely those of the authors and do not necessarily reflect the views of Impunity Watch, its advisors, editors or staff, Syracuse University College of Law, or Syracuse University. Copyright © 2011 [add copyright]. All rights reserved. For more information please visit http://impunitywatch.com.

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IMPUNITY WATCH EDITORIAL STAFF
2010-2011

Administrative Editor MEGAN DODGE AMY GOLDLUST

Managing Editor News SOVEREIGN HAGER

Executive Board Editor-in-Chief ANN FLOWER SEYSE

Senior Articles Editors AMY KIM WILSON PUN

Technology Director DON ANQUE JUSTIN HOWLAND

Managing Editor Journal RYAN COLE

Senior Desk Officers North America BRENDA LOPEZ- ROMERO Oceania CYNTHIA TRINH Asia ALOK S. BHATT Europe DAVID SOPHRIN Middle East ELIZABETH CONGER Special Features KYLIE TSUDAMA South America MARIO FLORES

Africa JONATHAN AMBAYE Senior Staff

MEREDITH LEE CLARK EILEEN GOULD JENN HARALAMBIDES KENNETH HUNT BRANDON KAUFMAN CHRISTINA BERGER DAVID CHAPLIN JACQUELYN GRIPPE LAURA HIRAHARA

JARED KLEINMAN STEPHEN KOPKO CAROLINE MILLER WILLIAM MILLER SAMANTHA MORRIS HYO-JIN PAIK Staff POLLY JOHNSON JOSEPH JUHN ERIKA LASTER ALISON OWENS WARREN POPP ii

BOBAK RAJABI GABRIEL SANCHEZ MICHAEL SANCHEZ AHMAD SHIHADAH ERIC SIGMUND ALISON SPROTT-ROEN PATRICK VANDERPOOL REBECCA YAWORSKY

Professor David Crane was appointed a professor of practice at Syracuse University College of Law in the summer of 2006. From 2002-2005 he was the founding Chief Prosecutor of the Special Court for Sierra Leone, an international war crimes tribunal, appointed to that position by the Secretary General of the United Nations, Kofi Annan

FACULTY ADVISOR TO THE JOURNAL
DAVID M. CRANE

. Served with the rank of Undersecretary General, Professor Crane’s mandate was to prose- cute those who bear the greatest responsibility for war crimes, crimes against humanity, and other serious violations of international human rights committed during the civil war in Sierra Leone during the 1990’s. Among those he indicted for those horrific crimes was the President of Liberia, Charles Taylor, the first sitting African head of state in history to be held accountable. Professor Crane was the first American since Justice Robert Jackson and Telford Taylor at Nuremberg, in 1945, to be the Chief Prosecutor of an international war crimes tribunal. The Office of the Prosecutor is located with the Special Court in Freetown, Sierra Leone. Professor Crane served over 30 years in the federal government of the United States. Appointed to the Senior Executive Service of the United States in 1997, Mr. Crane has held numerous key managerial positions during his three decades of public service, to include a, and Waldemar A. Solf Professor of International Law at the United States Army Judge Advocate General’s School. Professor Crane teaches international criminal law, international humanitarian law, and national security law at the College of Law. Additionally, he is a member of the faculty of the Institute for National Security and Counterterrorism, a joint venture with the Maxwell School of Public Citizenship at Syracuse University. Professor Crane is on the leadership council of the American Bar Association’s International Law Section and currently serves as a co-chair on the sections International Criminal Court Task Force. In 2007, he founded Impunity Watch (www.impunitywatch.com) a law review and public service blog.

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DEDICATION
POWER PAYING TRIBUTE TO REASON

Impunity Watch dedicates this year’s Annual Review to the devoted individuals that work in international humanitarian law. Those working and supporting the Special Court for Sierra Leone, the Extraordinary Chambers in the Court of Cambodia, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court are carrying out the legacy of Robert H. Jackson, staying the hand vengeance in the continuation of the greatest tribute that power has ever paid to reason. 1 To the practitioners that are constantly furthering international humanitarian law in their daily work in spite of the politics that interfere. Given the many challenges facing nations in this tumultuous economic and political climate, credit must be given to the state and non-state actors that support these institutions of justice. With so many pressing priorities it is commendable that these tribunals are continuing, with new proceedings being opened and even more under consideration. It is essential for the peaceful growth of global society that international justice is not only supported but prioritized. The world is too small and interconnected to ignore impunity. Impunity Watch seeks to inform the world about current instances of impunity, raising the voices of the victimized and oppressed. We hope that the awareness Impunity Watch raises is a call to justice that translates into international solidarity and action. We are inspired and grateful to those that devote their careers to the pursuit of international justice. Impunity Watch would also like to thank Joshua Heintz, Esq. for his incredible support of Impunity Watch and its mission. His support ensures that we will continue to raise the caliber of our publication and programming. As a result we are able to raise awareness about impunity issues among a broader audience. We are grateful for his support and encouragement as Impunity Watch enters its fifth year in operation.

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Justice Robert H. Jackson, Chief U.S. Prosecutor, Opening Statement for the Prosecution at the Nuremburg Trials (Nov. 21, 1945), available at http://law2.umkc.edu/faculty/projects/ftrials/nuremberg/Jackson.html.

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IMPUNITY WATCH ANNUAL REVIEW
Volume 1 2010-2011

TABLE OF CONTENTS
Portraits of Women at Nuremberg Diane Marie Amann

ARTICLES

Leading War Crimes Prosecutions Matthew Parker-Lavine

Reflections on Women in International Criminal Law Marilyn J. Kaman

SPEECH

15

1

Be the Change Kelsie Flynn

The Inconspicuous Genocide of Albino Africans Ryan Cole

NOTES

REPORTS

54 56

44

35

Rome Statute Review Conference to Challenge Negative Perceptions Celeste Little

Africa Desk

‘Child Witches’ Abused and Killed in Nigeria Laura Hirahara

I.C.C. Charges Sudanese President with Genocide Sovereign Hager

Human Rights Violations in Zimbabwe’s Diamond Mines Eric C. Sigmund

Criminalizing Homosexuality in Africa Eric C. Sigmund

57 62

60

Two Hundred Children In Nigeria Dead from Lead Poisoning Polly Johnson

64

Leader Presumed Responsible for Mass Rapes in D.R. Congo is Arrested Polly Johnson Ethiopia Accused of Using International Aid to Silence Opposition Daniel M. Austin

65

68

67

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17 African Leaders Indicted by the I.C.C. Laura Hirahara

Violence Rocks Western Sahara Daniel M. Austin

Mugabe Using Blood Diamonds to Fund Zimbabwe Election Laura Hirahara Former Rwandan Mayor on Trial in Germany for Genocide Laura Hirahara Botswana’s Bushmen Denied Access to Water Laura Hirahara

71

70

73

74

Anti-Government Protests Continue Throughout Egypt Daniel M. Austin Post- Referendum Implications a concern for Sudan Laura Hirahara

Unprecedented Internet Shutdown in Egypt Sparks Fears of Technology Abuse Polly Johnson

77

76 80

H.R.W. Call for International Intervention in Mogadishu Laura Hirahara

Ivory Coast President Refusing to Release Bodies from City Morgues Laura Hirahara U.N. Sanctions Libyan Officials and Calls for I.C.C. Investigation Daniel M. Austin

84

82 86

87

Innocent People or Armed Insurgents? Night Raids in Afghanistan David L. Chaplin II.

Asia Desk

50 Dead: Pakistan’s Holiest Shrine Turned Scene David L. Chaplin II. Bangladesh Charges 824 Post Massacre David L. Chaplin II.

Kyrgyzstan Chaos Shows Signs of Ethnic Cleansing David L. Chaplin II.

89

92

90 93

6

Trial of the Maguindanao Massacre David L. Chaplin II.

Duch Found Guilty: War Crimes Day of Reckoning David L. Chaplin II. Nobel Peace Prize. No Pleasant Surprise for Chinese Joseph Juhn Myanmar Elections Produce Refugees, Not Hope Joseph Juhn North Korea Fires at South, Killing Civilians Joseph Juhn

96

95 98

Video Shows Indonesian Security Forces Torturing Papuans Joseph Juhn Game of Killing Afghan Civilians by U.S. Soldiers David L. Chaplin

100 104

102 106

Over 10,000 Flee Ethnic Tension in East India David L. Chaplin II. Beijing Censors Reports on Egypt Protests Joseph Juhn

Sri Lankan ‘War Criminal’ gets U.N. Diplomatic Immunity David L. Chaplin II.

109

107

Forgotten Conflict Death Toll Climbs in Thailand David L. Chaplin II.

111

112

Raids Against Activists and Opposition Continue Through Belarus Yoohwan Kim

Europe Desk

Behind the Coal Mine Disaster in Russia Tristan Simoneau

114

Swedish Oil Company Accused of Crimes Against Humanity Tristan Simoneau

115

Riots Erupt in Northern Ireland Tristan Simoneau

European Court of Human Rights Says Same Sex Marriage is Not a Universal Right Yoohwan Kim

117

120

118

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Missing Witness, Police Involved in Disappearance of Ukrainian Journalist Christina Berger UN Council Reports Widespread Human Rights Abuses Christina Berger Italy’s Outsourced Border Patrol Fires Live Munitions at Unarmed Civilians Ricardo Zamora

121

123

Croatia Limits Human Rights of the Mentally Disabled Ricardo Zamora

Slave-Like Conditions Found on Fishing Boats Supplying Europe Christina Berger

126

124

Amnesty International Urges Italy to Respect the Rights of Asylum Seekers Christina Berger UK Military Interrogation Training Aids: Sleep Deprivation, Forced Nudity Christina Berger EU Accuses Seven in Kosovo of Organ Trafficking Christina Berger

127

129

UK Military Accused of Abusing Iraqi Detainees Christina Berger

132

130 133

Ukrainian Border Officials Torture Migrants and Asylum Seekers Ricardo Zamora Vatican Letter Warned Irish Bishops Not to Report Child Abuse Christina Berger Hungary Faces Criticism Over Restrictive New Media Law Christina Berger

Migrants, Refugees Face Inhuman Living Conditions, Abuse in Greek Prisons Ricardo Zamora

138

136

135

Hungarian Officials Charge Former WWII Officer with War Crimes Daniel M. Austin Former Serbian Official Convicted for War Crimes in Kosovo Christina Berger

140

Continuing International Condemnation over Israeli Flotilla Raid Warren Popp

Bahrain Bans Al Jazeera Warren Popp

Middle East Desk

143

141

146

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147

Iran: Lawyer in Stoning Case Missing Elizabeth A. Conger

‘Illegal’ Israeli Demolition/Development in Jerusalem Approved Warren Popp Israel to Deport 400 Migrant Children Elizabeth A. Conger

153 156

Tens of Thousands Flee Embattled City in Yemen, Dozens Killed Warren Popp

157

Iran States ‘Stoning as Punishment is Not a Human Rights Issue’ Alyxandra Stanczak Afghan Elections Marred by Abductions and Intimidation Eric C. Sigmund Domestic Workers Exploited and Abused in Kuwait Eric C. Sigmund

Former Israeli Soldier Dismisses Outrage Over Facebook Photos Polly Johnson

159

162

161

Media Freedom Suffers in Tajikstan Eric C. Sigmund

Lashing and Deportation Punishment for Having Sex in UAE Eric C. Sigmund Violence Against Christians Increases in Iraq Eric C. Sigmund Deportation of Somali Immigrants “Inhumane” Says Human Rights Watch Eric C. Sigmund Rising Food Prices Spur Protests in Middle East and Africa Eric C. Sigmund

167

165

164

168 170 171 174

Abuses Against Migrant Workers Takes Center Stage in Saudi Arabia…Again Eric Sigmund

173

Protests Spurred By Security Forces in Bahrain and Iran Eric C. Sigmund

Israeli Settlements Spark Violence While Netanyahu Waffles Eric C. Sigmund

175

177

9

73 Dead in Jamaican Slum as Government Searches for Suspected Drug Trafficker Sovereign Hager

North America Desk

CIA Doctors Performed Torture Experimentation on Detainees Ali Sprott-Roen Proposed Arizona Law Violates the Constitution Ali Sprott-Roen Border Patrol Agent Fatally Shoots Teen Ali Sprott-Roen

State of California Denies Legally Required Accommodations to Employees who are 181 Deaf Ali Sprott-Roen 182 184

180

Child Slavery in Haiti Expected to Double from 300,000 Erica Laster

NY Civil Liberties Union Investigates Improper Medical Care at Syracuse County Jail 187 Ali Sprott-Roen Mexico’s Nuevo Laredo Near Media Blackout: Drug Cartels Tightening Control Erica Laster 189 192 191

186

Kawaiisu Tribe Files Amended Lawsuit to Stop California Resort Infringement On Tribe Burial Grounds Erica Laster Ninth Circuit: State Secrets Trump Torture Victims’ Right to Sue R. Renee Yaworsky 72 Migrants Killed in Massacre: Honduran Helped 2nd Survivor Flee Erica Laster Gay Rights at the Forefront in the Wake of Hate Crimes and Suicides Erica Laster

International Commission Faces Resistance from Guatemalan Government Erica Laster Death Toll Rises to 1,186: Inadequate Response to Cholera Outbreak Erica Laster Amnesty Pushes for Justice for Nicaraguan Rape Victims Erica Laster

197

195

194

198

200

201

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Former Guatemalan Interior Minister Re-Arrested in Spain Erica Laster Former Haitian Dictator, ‘Baby Doc’ Duvalier, Arrested Erica Laster

United States Resumes Deportation of Haitians Despite Risk Erica Laster

202

204

UN Specialist Investigates High Rates of Rape and Assault in Indian Country Erica Laster Violence Against Protesters of Military Human Rights Abuses in Mexico Erica Laster Papua New Guinea Government Struggles to Combat Cholera Outbreak Sovereign Hager

207

205

208

Oceania Desk

Australia Plans to Transfer 750 Asylum Seekers to Mainland Joseph Juhn Fiji’s Strongman Still Censoring and Ruling by Decree R. Renee Yaworsky PNG Police Kills Underage Detainee Joseph Juhn

US Resumes Ties With Indonesian Military Group Known for Human Rights Abuses 212 Polly Johnson 214 218 216

211

210

Papua Prisoner Calls for Attention to Indonesia’s Abuses Joseph Juhn Two Tongan Candidates Question November Election Results Joseph Juhn

219 221

Brazilians Exposed to Large Quantities of Agro-Toxins Patrick Vanderpool

South America Desk

‘Operation Condor’ Torture Garage Trial Opens in Argentina R. Renee Yaworsky

Peru: Human Rights High Court Too Lenient on Security Force Members Ricardo Zamora

222

224

11

Former Argentina Dictator Takes Responsibility for Rights Abuses Patrick Vanderpool

Human Rights Groups Condemn Murder of Colombian Indigenous Leader Ricardo Zamora Facebook Hit List Spark Murder, Panic R. Renee Yaworsky Brazil’s President Approves Construction of Dam Threatening Indigenous Peoples Patrick Vanderpool Indigenous Prisoners Seek Resolution to Hunger Strike Patrick Vanderpool

Chile Rejects Catholic Church’s Call to Pardon Human Rights Abusers Patrick Vanderpool

225 228

227

230

231 233

33 Chilean Women Stage Hunger Strike to Demand Jobs Patrick Vanderpool 220 Brazilian Firms Accused of Slave Labor R. Renee Yaworsky

Columbian Military Official Arrested for Unlawful Killings Patrick Vanderpool Columbia Named one of the Most Dangerous Countries for Journalists Patrick Vanderpool

236 238

234

237

Indigenous Protesters Ousted from Easter Island Hotel R. Renee Yaworsky

Historic Award to Ecuadorian Residents in Pollution Case Patrick Vanderpool

240 241

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