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ICTJ World Report


Issue 7 December 2011

In Focus
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Impunity Must be Fought at the National Level: Podcast with David Tolbert
If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible.

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World Report
AFRICA Former Cte d'Ivoire president Laurent Gbagbo, charged with crimes against humanity for his role in the 2010 post-election violence which killed thousands, was transferred into the custody of the International Criminal Court (ICC). Kenya's High Court, criticized for failing to arrest Sudanese president Omar al-Bashir in 2010 under its Rome Statute obligations, issued an arrest warrant for alBashir for alleged war crimes and genocide committed in Darfur. ICC prosecutor Luis Moreno-Ocampo sought an arrest warrant for Sudans defense minister, Abdelrahim Mohamed Hussein, for crimes against humanity and war crimes in Darfur in 20032004. Ocampo announced any outbreak of election-related violence against civilians in the DRC will be investigated and prosecuted by the ICC. South Africas Department of Justice announced a program to pay 30,000R (approx. $3,700) in reparations to victims of apartheid or victims' families who appeared before the Truth and Reconciliation

Commission (TRC). U.S. troops, aiding Ugandan forces, began a hunt for leaders of the Lords Resistance Army militia in Northern Uganda, responsible for atrocities including attacks on civilians and the abduction of children.
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AMERICAS Brazils president signed a law establishing a truth commission to investigate human rights abuses perpetrated by the 19641985 military regime. Human rights activists in Mexico petitioned the ICC to investigate alleged killings and torture of civilians by security forces and drug cartels during the ongoing war on drugs. A federal court in Argentina handed down life sentences for 12 former military officers for crimes against humanity committed at the ESMA torture and detention center. The Inter-American Commission on Human Rights declassified documents detailing human rights violations that occurred after 1960 in Argentina in a move to make public information about atrocities committed during Argentinas Dirty War. Canadas TRC inaugurated a national research center to educate people about human rights violations committed under the Indian Residential Schools system. Authorities in Perus new administration reopened a probe investigating the estimated 2,000 cases of forced sterilizations that occurred during Alberto Fujimoris presidency. Colombian security forces killed FARC rebel leader Alfonso Cano after a three-year hunt in the ongoing struggle demobilize the countrys guerilla groups.
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ASIA The second trial before the Extraordinary Chambers in the Courts of Cambodia (ECCC) opened against three former Khmer Rouge leaders. The Lessons Learned and Reconciliation Commission submitted a final report to the Sri Lankan government on its investigation into the countrys civil war; the government announced it would issue an official count of civilian war casualties, promising to investigate and punish crimes committed during the conflict. Nepals major political parties committed to expedite the formation of a truth and reconciliation commission and a disappearances commission after the bills stalled in parliamentary negotiations. The UN Human Rights Office in Nepal expressed concern about continuing impunity following the governments appointment of public officials accused of perpetrating human rights abuses. The Burmese government signed a ceasefire with ethnic armed groups in the Shan state; deadly clashes between the military and the Kachin Independence Army continued as peace negotiations stalled. Bangladeshs International Crimes Tribunal commenced with the trial of Delawar Hossain Sayedee, the first of seven suspects accused of war crimes during the 1971 war before the tribunal.
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EUROPE Turkeys Prime Minister Recep Tayyip Erdogan issued a formal apology for the killing of 14,000 people by Turkish armed forces in a Kurdish rebellion in the 1930s. At a seminar assessing the legacy of the International Criminal Tribunal for the former Yugoslavia, legal experts commended the court for establishing precedents in the fight against impunity, including the classification of wartime rape as a

crime against humanity and the prosecution of high-level heads of state.


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MENA A government-commissioned inquiry in Bahrain said in its final report that the security forces used excessive force to suppress pro-democracy protests earlier this year, highlighting concerns about the prevailing culture of impunity. Egypt's ruling military council apologized for the deaths of 38 protesters in violent clashes with police in November. Libyas former intelligence Chief Abdullah Senussi was arrested one day after the capture of Muammar Qaddafis son, Seif al-Islam, whom officials insisted will face trial in Libya. The Russell Tribunal on Palestine held its third international session in Cape Town to consider whether Israeli practices in the OPT are in breach of the prohibition on apartheid. The UN Human Rights Council commission of inquiry on Syria issued a report stating the countrys security forces have committed crimes against humanity during their crackdown on protesters, and urged the government to immediately end the violations and bring perpetrators to justice. Tunisian police officers rallied in Tunis to demand fair trials for their colleagues accused of killing protesters during the prodemocracy demonstrations earlier this year. The Lebanese state transferred its full payment for 2011 to the Special Tribunal for Lebanon.
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Publications
Navigating Amnesty and Reconciliation in Nepals Truth and Reconciliation Commission Bill
During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. This briefing note explores the concepts of amnesty and reconciliation and highlight implications of the Bill's provisions for victims.
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Upcoming Events
December 07 - 08, 2011

Accountability for Gender-Based Crimes in Uganda: Learning Lessons from International Experiences
Location: Kampala, Uganda View Details

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Copyright 2011 International Center for Transitional Justice

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