Civil or paramilitary police trainings mission…

By Lennert Breuker 

I recently blogged on the intentions of the Dutch cabinet to send a new mission to Afghanistan. Although I am strongly in favor of a sustained effort to support the reconstruction of the country, I lamented the lack of a genuine, thorough debate when it concerns decisions like these involving matters as war and peace. With for instance a virtually automatic support for the illegal invasion of Iraq as a result.

And also this time there were signals that warranted a critical scrutiny of the American request to send a police trainings mission, as the opinion of political activist Sytse Bosgra suggested. However, his claim that the Dutch would be training Afghan policemen who would subsequently also be deployed in combat situations without adequate armor, weapons and training found no resonance at all in the explanatory document that accompanied the decision of the cabinet. It spoke of the training of ‘civil police’ that stand ‘closest to the Afghan people’, and quite predictably of building a rule of law.

It may have led some – or maybe many – to believe that Bosgra’s account was a bit far-fetched. I even recall the comment of an editor of the same journal that published Bosgra’s opinion, that Bosgra engaged in leftish conspiracy thinking. Which cannot be excluded of course.

But neither can it be corroborated. Particularly after monday’s parliamentary hearings which revealed information that directly supported the core of his contentions. Afghan officials, an NGO representative and classified Dutch military intelligence reports affirmed that Afghan police would be deployed in combat situations if deemed desirable.     Continue reading

Dutch cabinet considering training mission in Afghanistan

By Lennert Breuker

The Dutch cabinet is currently considering participation in a new mission in Afghanistan. Dutch media are reporting that this time the mission would entail the sending of a contingent of police officers – approximately 350 – to serve as trainers for the Afghan police forces. Whether the cabinet will succeed in generating sufficient political support for the mission is still unclear. A majority in parliament does not support further participation in combat missions, and would only be open to initiatives aimed at reconstruction efforts. It is thus likely that the trainings mission will be framed in terms of reconstructing part of the executive branch essential for a functioning government, namely the police. Which indeed comes across as a legitimate goal.

Such a portrayal of the mission might obscure the fact that the Dutch will be asked to co-operate with a US policy worth a critical scrutiny at the least, as a recently published opinion of political activist Sietse Bosgra in a major daily journal suggested.

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Political repression and criminal trials

By Lennert Breuker

A few days ago Reuters reported that Paul Rusesabagina, the man so famously depicted in the movie ‘Hotel Rwanda’ as the hotel manager who saved many from falling victim to the génocidaires, is suspected by the Rwandan authorities of funding terrorist activities. Actually, the terrorist activities for which opposition leader Victoire Ingabire is currently being held for. Ingabire is also being held on charges of ‘genocidal ideology’, a questionable legal provision which allows for the prosecution of statements in which the genocide is denied or nuanced, and which seems to be used predominantly to attack the political opposition. I have also posted briefly on the arrest of Ingabire’s attorney, Peter Erlinder, for similar charges. He has been released in the meantime, but it seems that the pattern of harassment continues. Rusesabagina has criticised the Rwandan government over recent years and accused the government of conducting a smear campaign against him in response of the latest charges.

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Rwanda arrests American lawyer for denying genocide

Lennert Breuker 

Opinio Juris makes mention of the arrest of a U.S. law professor, Peter Erlinder, by the Rwandan authorities for “…’genocide denial’ — code for ‘criticizing the Kagame government.’ See here: http://opiniojuris.org/2010/06/02/two-thoughts-on-peter-erlinders-arrest-in-rwanda/ Erlinder is (or was, anyone who knows may come forward) one of the leading defense attorneys at the ICTR, and is also representing Victoire Ingabire. Unfortunately, his arrest fits perfectly in the pattern of pure political (ab)use of the legal prohibition of genocidal denial as I already reported on below. Harassing a lawyer for conducting his work as a defense lawyer however, is a step further in the repressive policy of the Rwandan government. I hope professor Erlinder will be released in good health as soon as possible.

Pre-Trial Chamber at the ECCC rejects JCE III

Lennert Breuker 

I will not engage in an analysis of the decision as I’m currently assisting one of the defense teams, but just to signal an interesting development at the ECCC (Extraordinary Chambers in the Courts of Cambodia) for those that may have missed it: the Pre-Trial Chamber has issued a decision in which it accepts the objections of the defense against the extended form of Joint Criminal Enterprise, also known as JCE III. This has always been the most controversial form of JCE for stretching the principle of culpability to far.

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‘Genocidal ideology’…

By Lennert Breuker

 

Several news-agencies made mention of a prominent Rwandan opposition member, Victoire Ingabire, being arrested on charges of cooperation with a terroristic rebel group, and perhaps more conspicuously, on charges of ‘genocidal ideology’. The precise scope of the relevant criminal provision is not known to me, but according to a Dutch news-agency it concerns a legal prohibition to deny genocide. However, the same (brief) article (http://www.bndestem.nl/algemeen/buitenland/6579160/Oppositieleider-Rwanda-Ingabire-gearesteerd.ece) also states that merely addressing ethnicity is formally prohibited according to Rwandan legislation since the genocide. This seems a bit unlikely, but readers who can confirm this are cordially invited to comment.

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Political violence not only a problem in Thailand

By Lennert Breuker 

The number of deaths and injured as a result of the violence at the recent demonstrations in Thailand was rather shocking to me when I found a few days after. Human rights watch claimed that ‘15 civilians and 5 soldiers were killed by gunshots, explosions from grenades, improvised explosive devices and beatings during the clash. At least 569 civilians, 265 soldiers, and 8 police officers were injured from teargas inhalation, assaults, and gunshot and shrapnel wounds’ (http://www.hrw.org/en/node/89615?tr=y&auid=6216609). The Phnom Penh Post made mention of 17 civilian and 4 military casualties. I was actually waiting for my flight to depart on 10 April from Bangkok airport to Phnom Penh (where I’ll be assisting a defence team at the ECCC for a few months), when I watched the demonstrations unfold at an early stage. It seemed to me that the police, or security forces, were quite reserved and passive when facing provocations from the protesters. At that moment it seemed rather ritualistic to me: the police would just serve as punching bag so that the demonstrators could, without much fear of a violent response, unload some of their frustrations. It seemed like a sensible attitude to me. I did notice however that the Thai personnel of the restaurant and other airport services watched the event with more intensity than me. Of course, I had missed the previous days of demonstrations, which already had seen serious escalation, of which the Thai were probably very well aware of.  

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Rapporteur recommends Commission of Inquiry on international crimes in Myanmar

By Lennert Breuker

Alarming reports on the human rights situation in Myanmar have unfortunately been a consistent phenomenon over the last two decades. But some more momentum seems to have been given to the possibility of a legal response with the report of 10 March of the UN special rapporteur on the situation of human rights in Myanmar (http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-48.pdf). Mr. Tomas Ojea Quintana recommended amongst others:

121. Given the gross and systematic nature of human rights violations in Myanmar over a period of many years, and the lack of accountability, there is an indication that those human rights violations are the result of a State policy that involves authorities in the executive, military and judiciary at all levels. According to consistent reports, the possibility exists that some of these human rights violations may entail categories of crimes against humanity or war crimes under the terms of the Rome Statute of the International Criminal Court.

122. The mere existence of this possibility obliges the Government of Myanmar to take prompt and effective measures to investigate these facts. There have clearly been cases where it has been necessary to establish responsibility, but this has not been done. Given this lack of accountability, United Nations institutions may consider the possibility to establish a commission of inquiry with a specific fact-finding mandate to address the question of international crimes. At this particular stage in the history of Myanmar, the State faces this critical assignment which must be addressed by this Government and by a newly elected Government as well.

The conclusion that the human rights violations, at least prima facie, meet the level of crimes against humanity or war crimes had already been put forward in a report of the International Human Rights Clinic at Harvard University of May 2009 (http://www.law.harvard.edu/programs/hrp/documents/Crimes-in-Burma.pdf – see Human Rights Watch for an overview). The report mentioned forced displacement, sexual violence, extrajudicial killings and torture as examples of acts which have very likely been committed in Myanmar (referred to as Burma in the report), and which are criminalized under international law. The report similarly concluded that a Commission of Inquiry to investigate crimes committed in Burma should be set up. It even went a step further by suggesting that ‘the Security Council should be prepared to act upon findings and recommendations made by such a Commission, including a potential referral to the International Criminal Court…’ (See report p.4). Continue reading