Posts Tagged ‘Amnesty International’

Amnesty International calls for transparency on Bagram detentions

March 10, 2009

Amnesty International USA, March 9, 2009

A US federal judge considering whether detainees held by the USA in Bagram airbase in Afghanistan may challenge their detention before courts in the USA has ordered the administration of President Barack Obama to provide him with updated information on the Bagram detainees, by 11 March.

Amnesty International has written to the US administration urging it to inject some much needed transparency into the Bagram detention regime, including by making fully available to the public the information requested by District Court Judge John Bates.

When the Bush administration was asked by Judge Bates in January 2009 to disclose the number of people being held in Bagram, how many of them were taken into custody outside of Afghanistan, and how many of them were Afghan nationals, it responded by classifying as secret the key details and redacted them from the unclassified version of the filing.

Judge Bates has now asked the Obama administration the same questions, noting that the details supplied to him by the government in January may be out of date. Amnesty International has urged the new administration not to repeat its predecessor’s use of secrecy to conceal from the public its response to the judge. Transparency, essential to accountability and detainee protection, must be central to US detention policy. As President Obama has himself instructed his administration, “transparency promotes accountability”.

Figures released in late February by the International Committee of the Red Cross, the only organization with access to Bagram detainees, indicate that there were then about 550 detainees in the airbase. This was down from the figure of “about 615” provided by US Secretary of Defense Robert Gates to the Senate Armed Services Committee a month earlier.

New detentions by US and allied forces in Afghanistan continue. According to reports by the American Forces Press Service, at least 120 “militants” were taken into custody during January and February 2009. It is not known how many, if any, have been or will be transferred to Bagram. The US authorities should provide regular public information on the numbers and nationalities of those held in US custody in Bagram and elsewhere in Afghanistan, and where, when, and in what circumstances they were taken into detention.

The need for transparency was illustrated late last month when the UK government revealed that two individuals it handed over to the USA in Iraq in 2004 had subsequently been transferred to US custody in Afghanistan, where they remain five years later. Amnesty International has asked the US government to confirm whether the two are held in Bagram and to provide further information on their cases. The organization has raised the possibility that the USA’s transfer of these individuals to Afghanistan constituted a war crime.

Amnesty International continues to call for the Bagram detainees to be granted access to an independent court to challenge the lawfulness of their detentions, to effective remedies in relation to their treatment and conditions of detention, and to meaningful access to legal counsel for such purposes. At present, the detainees have no access to lawyers or courts.

On 7 March, President Obama said in an interview with the New York Times that “we ultimately provide anybody that we’re detaining an opportunity through habeas corpus to answer to charges”. However, presidential aides later said that he had not meant to suggest that everybody held in US custody would be able to challenge their detention in court.1

Two weeks earlier, on 20 February, responding to an invitation from Judge Bates to tell him whether it would take “a different approach” to its predecessor on the Bagram detainees, the Justice Department responded simply that “having considered the matter, the Government adheres to its previously articulated position”, that is, the position argued by the Bush administration. The latter had argued that the Bagram detainees could not challenge the lawfulness or conditions of their detention, that they had no rights under the US Constitution and no rights under international law enforceable in the US courts. Amnesty International regrets the new administration’s response to Judge Bates and hopes that it represents a very temporary stance taken as the government tackles the detention legacy it has inherited. The USA must swiftly bring all US detentions anywhere into compliance with international law.

The right to challenge the lawfulness of detention before a court is so fundamental that it cannot be diminished, even in situations of public emergency up to and including armed conflict. Judicial review is a basic safeguard against abuse of executive powers and a fundamental safeguard against arbitrary and secret detention, torture and other ill-treatment and unlawful transfers from one country or government to another. In the absence of judicial oversight, detainees in Bagram, as at Guantánamo, have been subjected to just such abuses.

Even children have not been spared. With this in mind, Amnesty International is calling on the US government to reveal, in addition to its responses to the questions posed by Judge Bates, how many of the detainees currently in Bagram were taken into custody when they were under 18 years old. A year ago, there were at least 10 children being held in the base.

In an executive order signed on 22 January 2009, President Barack Obama ordered the establishment of an interagency task force to review the “lawful options” available to the US government with respect to the “apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts or counterterrorism operations”. In February, Amnesty International sent a briefing on the Bagram detentions to officials overseeing this review.2Last week it sent them an update to this report.3

1 Obama ponders outreach to elements of the Taliban, The New York Times, 8 March 2009.

2 See USA: Out of sight, out of mind, out of court? The right of Bagram detainees to judicial review, 18 February 2009, http://www.amnesty.org/en/library/info/AMR51/021/2009/en.

3 See USA: Urgent need for transparency on Bagram detentions, 6 March 2009, at http://www.amnesty.org/en/library/info/AMR51/031/2009/en.

AI Index: AMR 51/033/2009 Amnesty International 09 March 2009

Obama and Israel’s Military: Still Arm-in-Arm

March 9, 2009

Stephen Zunes | Foreign Policy In Focus, March 9, 2009

In the wake of Israel’s massive assault on heavily populated civilian areas of the Gaza Strip earlier this year, Amnesty International called for the United States to suspend military aid to Israel on human rights grounds. Amnesty has also called for the United Nations to impose a mandatory arms embargo on both Hamas and the Israeli government. Unfortunately, it appears that President Barack Obama won’t be heeding Amnesty’s call.

During the fighting in January, Amnesty documented Israeli forces engaging in “direct attacks on civilians and civilian objects in Gaza, and attacks which were disproportionate or indiscriminate.” The leader of Amnesty International’s fact-finding mission to the Gaza Strip and southern Israel noted how “Israeli forces used white phosphorus and other weapons supplied by the USA to carry out serious violations of international humanitarian law, including war crimes.” Amnesty also reported finding fragments of U.S.-made munitions “littering school playgrounds, in hospitals and in people’s homes.”

Malcolm Smart, who serves as Amnesty International’s director for the Middle East, observed in a press release that “to a large extent, Israel’s military offensive in Gaza was carried out with weapons, munitions and military equipment supplied by the USA and paid for with U.S. taxpayers’ money.” The release also noted how before the conflict, which raged for three weeks from late December into January, the United States had “been aware of the pattern of repeated misuse of [its] weapons.”

Amnesty has similarly condemned Hamas rocket attacks into civilian-populated areas of southern Israel as war crimes. And while acknowledging that aid to Hamas was substantially smaller, far less sophisticated, and far less lethal — and appeared to have been procured through clandestine sources — Amnesty called on Iran and other countries to take concrete steps to insure that weapons and weapon components not get into the hands of Palestinian militias.

During the fighting in early January, the Nobel Peace Prize-winning organization initially called for a suspension of U.S. military aid until there was no longer a substantial risk of additional human rights violations. The Bush administration summarily rejected this proposal. Amnesty subsequently appealed to the Obama administration. “As the major supplier of weapons to Israel, the USA has a particular obligation to stop any supply that contributes to gross violations of the laws of war and of human rights,” said Malcolm Smart. “The Obama administration should immediately suspend U.S. military aid to Israel.”

Obama’s refusal to accept Amnesty’s call for the suspension of military assistance was a blow to human rights activists. The most Obama might do to express his displeasure toward controversial Israeli policies like the expansion of illegal settlements in the occupied territories would be to reject a planned increase in military aid for the next fiscal year and slightly reduce economic aid and/or loan guarantees. However, in a notable departure from previous administrations, Obama made no mention of any military aid to Israel in his outline of the FY 2010 budget, announced last week. This notable absence may indicate that pressure from human rights activists and others concerned about massive U.S. military aid to Israel is now strong enough that the White House feels a need to downplay the assistance rather than emphasize it.

Obama Tilts Right

Currently, Obama is on record supporting sending up to $30 billion in unconditional military aid to Israel over the next 10 years. Such a total would represent a 25% increase in the already large-scale arms shipments to Israeli forces under the Bush administration.

Obama has thus far failed to realize that the problem in the Middle East is that there are too many deadly weapons in the region, not too few. Instead of simply wanting Israel to have an adequate deterrent against potential military threats, Obama insists the United States should guarantee that Israel maintain a qualitative military advantage. Thanks to this overwhelming advantage over its neighbors, Israeli forces were able to launch devastating wars against Israel’s Palestinian and Lebanese neighbors in recent years.

If Israel were in a strategically vulnerable situation, Obama’s hard-line position might be understandable. But Israel already has vastly superior conventional military capabilities relative to any combination of armed forces in the region, not to mention a nuclear deterrent.

However, Obama has failed to even acknowledge Israel’s nuclear arsenal of at least 200-300 weapons, which has been documented for decades. When Hearst reporter Helen Thomas asked at his first press conference if he could name any Middle Eastern countries that possess nuclear weapons, he didn’t even try to answer the question. Presumably, Obama knows Israel has these weapons and is located in the Middle East. However, acknowledging Israel’s arsenal could complicate his planned arms transfers since it would place Israel in violation of the 1976 Symington Amendment, which restricts U.S. military support for governments which develop nuclear weapons.

Another major obstacle to Amnesty’s calls for suspending military assistance is Congress. Republican leaders like Representatives John Boehner (OH) and Eric Cantor (VA) have long rejected calls by human rights groups to link U.S. military aid to adherence to internationally recognized human rights standards. But so have such Democratic leaders, such as House Speaker Nancy Pelosi and Majority Leader Steny Hoyer, who are outspoken supporters of unconditional military aid to Israel. Even progressive Democratic Representative Barney Frank (MA), at a press conference on February 24 pushing his proposal to reduce military spending by 25%, dismissed a question regarding conditioning Israel’s military aid package to human rights concerns.

Indeed, in an apparent effort to support their militaristic agenda and to discredit reputable human rights groups that documented systematic Israeli attacks against non-military targets, these congressional leaders and an overwhelming bipartisan majority of their colleagues have gone on record praising “Israel’s longstanding commitment to minimizing civilian loss and…efforts to prevent civilian casualties.” Although Obama remained silent while Israel was engaged in war crimes against the civilian population of Gaza, Pelosi and other congressional leaders rushed to Israel’s defense in the face of international condemnation.

Obama’s Defense of Israeli Attacks on Civilians

Following the 2006 conflict between Israeli armed forces and the Hezbollah militia, in which both sides committed war crimes by engaging in attacks against populated civilian areas, then-Senator Obama defended Israel’s actions and criticized Hezbollah, even though Israel was actually responsible for far more civilian deaths. In an apparent attempt to justify Israeli bombing of civilian population centers, Obama claimed Hezbollah had used “innocent people as shields.”

This charge directly challenged a series of reports from Amnesty International and Human Rights Watch. These reports found that while Hezbollah did have some military equipment close to some civilian areas, the Lebanese Islamist militia had not forced civilians to remain in or around military targets in order to deter Israel from attacking those targets. I sent Obama spokesperson Ben LaBolt a copy of an exhaustive 249-page Human Rights Watch report that didn’t find a single case — out of 600 civilian deaths investigated — of Hezbollah using human shields. I asked him if Obama had any empirical evidence that countered these findings.

In response, LaBolt provided me with a copy of a short report from a right-wing Israeli think tank with close ties to the Israeli government headed by the former head of the Israeli intelligence service. The report appeared to use exclusively Israeli government sources, in contrast to the Amnesty International and Human Rights Watch reports, which were based upon forensic evidence as well as multiple verified eyewitness accounts by both Lebanese living in the areas under attack as well as experienced monitors (unaffiliated with any government or political organization) on the ground. Despite several follow-up emails asking for more credible sources, LaBolt never got back to me.

Not Good for Israel

The militaristic stance by Congress and the Obama administration is hardly doing Israel a favor. Indeed, U.S. military assistance to Israel has nothing to do with Israel’s legitimate security needs. Rather than commencing during the country’s first 20 years of existence, when Israel was most vulnerable strategically, major U.S. military and economic aid didn’t even begin until after the 1967 War, when Israel proved itself to be far stronger than any combination of Arab armies and after Israeli occupation forces became the rulers of a large Palestinian population.

If all U.S. aid to Israel were immediately halted, Israel wouldn’t be under a significantly greater military threat than it is today for many years. Israel has both a major domestic arms industry and an existing military force far more capable and powerful than any conceivable combination of opposing forces.

Under Obama, U.S. military aid to Israel will likely continue be higher than it was back in the 1970s, when Egypt’s massive and well-equipped armed forces threatened war, Syria’s military rapidly expanded with advanced Soviet weaponry, armed factions of the PLO launched terrorist attacks into Israel, Jordan still claimed the West Bank and stationed large numbers of troops along its border and demarcation line with Israel, and Iraq embarked on a vast program of militarization. Why does the Obama administration believe that Israel needs more military aid today than it did back then? Since that time, Israel has maintained a longstanding peace treaty with Egypt and a large demilitarized and internationally monitored buffer zone. Syria’s armed forces were weakened by the collapse of their former Soviet patron and its government has been calling for a resumption of peace talks. The PLO is cooperating closely with Israeli security. Jordan signed a peace treaty with Israel with full normalized relations. And two major wars and a decade of strict international sanctions have devastated Iraq’s armed forces, which is in any case now under close U.S. supervision.

Obama has pledged continued military aid to Israel a full decade into the future not in terms of how that country’s strategic situation may evolve, but in terms of a fixed-dollar amount. If his real interest were to provide adequate support for Israeli defense, he wouldn’t promise $30 billion in additional military aid. He would simply pledge to maintain adequate military assistance to maintain Israel’s security needs, which would presumably decline if the peace process moves forward. However, Israel’s actual defense needs don’t appear to be the issue.

According to late Israeli major general and Knesset member Matti Peled, — who once served as the IDF’s chief procurement officer, such fixed amounts are arrived at “out of thin air.” In addition, every major arms transfer to Israel creates a new demand by Arab states — most of which can pay hard currency through petrodollars — for additional U.S. weapons to challenge Israel. Indeed, Israel announced its acceptance of a proposed Middle Eastern arms freeze in 1991, but the U.S. government, eager to defend the profits of U.S. arms merchants, effectively blocked it. Prior to the breakdown in the peace process in 2001, 78 senators wrote President Bill Clinton insisting that the United States send additional military aid to Israel on the grounds of massive arms procurement by Arab states, neglecting to note that 80% of those arms transfers were of U.S. origin. Were they really concerned about Israeli security, they would have voted to block these arms transfers to the Gulf monarchies and other Arab dictatorships.

The resulting arms race has been a bonanza for U.S. arms manufacturers. The right-wing “pro-Israel” political action committees certainly wield substantial clout with their contributions to congressional candidates supportive of large-scale military and economic aid to Israel. But the Aerospace Industry Association and other influential military interests that promote massive arms transfers to the Middle East and elsewhere are even more influential, contributing several times what the “pro-Israel” PACs contribute.

The huge amount of U.S. aid to the Israeli government hasn’t been as beneficial to Israel as many would suspect. U.S. military aid to Israel is, in fact, simply a credit line to American arms manufacturers, and actually ends up costing Israel two to three times that amount in operator training, staffing, maintenance, and other related costs. The overall impact is to increase Israeli military dependency on the United States — and amass record profits for U.S. arms merchants.

The U.S. Arms Export Control Act requires a cutoff of military aid to recipient countries if they’re found to be using American weapons for purposes other than internal security or legitimate self-defense and/or their use could “increase the possibility of an outbreak or escalation of conflict.” This might explain Obama’s refusal to acknowledge Israel’s disproportionate use of force and high number of civilian casualties.

Betraying His Constituency

The $30 billion in taxpayer funds to support Israeli militarism isn’t a huge amount of money compared with what has already been wasted in the Iraq War, bailouts for big banks, and various Pentagon boondoggles. Still, this money could more profitably go toward needs at home, such as health care, education, housing, and public transportation.

It’s therefore profoundly disappointing that there has been so little public opposition to Obama’s dismissal of Amnesty International’s calls to suspend aid to Israel. Some activists I contacted appear to have fallen into a fatalistic view that the “Zionist lobby” is too powerful to challenge and that Obama is nothing but a helpless pawn of powerful Jewish interests. Not only does this simplistic perspective border on anti-Semitism, it becomes a self-fulfilling prophecy. Any right-wing militaristic lobby will appear all-powerful if there isn’t a concerted effort from the left to challenge it.

Obama’s supporters must demand that he live up to his promise to change the mindset in Washington that has contributed to such death and destruction in the Middle East. The new administration must heed calls by Amnesty International and other human rights groups to condition military aid to Israel and all other countries that don’t adhere to basic principles of international humanitarian law.

Stephen Zunes, a Foreign Policy in Focus senior analyst, is a professor of politics and chair of Middle Eastern Studies at the University of San Francisco.

Suspend military aid to Israel, Amnesty urges Obama after detailing US weapons used in Gaza

February 23, 2009

• White phosphorus shells traced back to America
Activists call for arms embargoes on both sides

Relatives mourn a Palestinian man killed by Israeli soldiers in Gaza

Relatives mourn a Palestinian man killed by Israeli soldiers in Gaza, last month. Photograph: Eyad Baba/AP

Detailed evidence has emerged of Israel’s extensive use of US-made weaponry during its war in Gaza last month, including white phosphorus artillery shells, 500lb bombs and Hellfire missiles.

In a report released today, Amnesty International detailed the weapons used and called for an immediate arms embargo on Israel and all Palestinian armed groups. It called on the Obama administration to suspend military aid to Israel.

The human rights group said that those arming both sides in the conflict “will have been well aware of a pattern of repeated misuse of weapons by both parties and must therefore take responsibility for the violations perpetrated”.

The US has long been the largest arms supplier to Israel; under a current 10-year agreement negotiated by the Bush administration the US will provide $30bn (£21bn) in military aid to Israel.

“As the major supplier of weapons to Israel, the USA has a particular obligation to stop any supply that contributes to gross violations of the laws of war and of human rights,” said Malcolm Smart, Amnesty’s Middle East and North Africa programme director. “To a large extent, Israel’s military offensive in Gaza was carried out with weapons, munitions and military equipment supplied by the USA and paid for with US taxpayers’ money.”

For their part, Palestinian militants in Gaza were arming themselves with “unsophisticated weapons” including rockets made in Russia, Iran and China and bought from “clandestine sources”, it said. About 1,300 Palestinians were killed and more than 4,000 injured during the three-week conflict. On the Israeli side 13 were killed, including three civilians. Amnesty said Israel’s armed forces carried out “direct attacks on civilians and civilian objects in Gaza, and attacks which were disproportionate or indiscriminate”. The Israeli military declined to comment yesterday.

Palestinian militants also fired “indiscriminate rockets” at civilians, Amnesty said. It called for an independent investigation into violations of international humanitarian law by both sides.

Amnesty researchers in Gaza found several weapon fragments after the fighting. One came from a 500lb (227kg) Mark-82 fin guided bomb, which had markings indicating parts were made by the US company Raytheon. They also found fragments of US-made white phosphorus artillery shells, marked M825 A1.

On 15 January, several white phosphorus shells fired by the Israeli military hit the headquarters of the UN Relief and Works Agency in Gaza City, destroying medicine, food and aid. One fragment found at the scene had markings indicating it was made by the Pine Bluff Arsenal, based in Arkansas, in October 1991.

The human rights group said the Israeli military had used white phosphorus in densely populated civilian areas, which it said was an indiscriminate form of attack and a war crime. Its researchers found white phosphorus still burning in residential areas days after the ceasefire.

At the scene of an Israeli attack that killed three Palestinian paramedics and a boy in Gaza City on 4 January, Amnesty found fragments of an AGM114 Hellfire missile, made by Hellfire Systems of Orlando, a joint venture of Lockheed Martin and Boeing. The missile is often fired from Apache helicopters.

Amnesty said it also found evidence of a new type of missile, apparently fired from unmanned drones, which exploded into many pieces of shrapnel that were “tiny sharp-edged metal cubes, each between 2 and 4mm square in size”.

“They appear designed to cause maximum injury,” Amnesty said. Many civilians were killed by this weapon, including several children, it said.

Rockets fired by Palestinian militants were either 122mm Grad missiles or short-range Qassam rockets, a locally made, improvised artillery weapon. Warheads were either smuggled in or made from fertiliser.

The arsenal of weapons was on a “very small scale compared to Israel”, it said, adding that the scale of rocket arsenal deployed by Hizbullah in the 2006 Lebanese war was “beyond the reach of Palestinian militant groups”.

Armed for war

Israelis Missiles launched from helicopters and unmanned drones, including 20mm cannon and Hellfire missiles. Larger laser-guided and other bombs dropped by F-16 warplanes. Extensive use of US-made 155mm white phosphorus artillery shells and Israeli-made 155mm illuminating shells that eject phosphorus canisters by parachute. Several deaths caused by flechettes, 4cm-long metal darts packed into 120mm tank shells, and fragments of US-made 120mm tank shells.

Palestinians Militants fired rockets into southern Israel including 122mm Grad rockets of either Russian, Chinese or Iranian manufacture, and smaller, improvised Qassam rockets often made inside Gaza and usually holding 5kg of explosives and shrapnel.

Anna Politkovskaya murder – accused acquitted, investigation must continue

February 22, 2009

Anna Politkovskaya in Helsinki in December 2002

Anna Politkovskaya in Helsinki in December 2002

© Katja Tähjä

Anna Politkovskaya's grave

Anna Politkovskaya’s grave

Amnesty International, 20 February 2009

The jury in the Anna Politkovskaya murder trial has acquitted all those charged with involvement in the murder. The jury stated that they did not find proof of guilt in the evidence provided by the investigation.

Anna Stavitskaia, one of the representatives of Anna Politkovskaya’s children, said after the trial that the investigation had been weak and that the defence of the accused had been much stronger.

A spokesperson for Amnesty International said that the investigation into the murder of the human rights journalist must continue with renewed vigour.

“The end of the trial does not lift the onus from the authority to find the murderer and his sponsors,” said Nicola Duckworth, Europe and Central Asia Programme Director at Amnesty International. “We urge the relevant Russian authorities not to stop here, but to continue the investigation into the murder and to bring to justice all those involved, including the gunman and those who ordered the killing,”

In her address to the jury a few days before the decision, lawyer Karinna Moskalenko, also representing the children of Anna Politkovskaya, said:

Anna hated impunity and lawlessness and she would not have wanted to see someone who committed a serious crime go free. At the same time, she would not have wanted at all to see someone being sentenced for a crime he did not commit.

“Delivering justice for the murder of Anna Politkovskaya will demonstrate that the Russian authorities have the political will to end the silencing of human rights defenders,” said Nicola Duckworth.
Anna Politkovskaya was murdered on 7 October 2006 in Moscow. She had faced intimidation and harassment from Russian authorities, including the authorities in Chechnya, due to her outspoken criticism of government policy and action.

After she began writing about the armed conflict in Chechnya and the North Caucasus in 1999, she was detained and threatened with serious reprisals, including death threats, on several occasions.

At least 12 people have been detained in connection with the murder since late August 2007, but several were later released. The publicly named suspects in the case include officials from the Ministry of Interior, the Federal Security Service (FSB) and a former head of a local administration in Chechnya.

During the jury trial, which started in November 2008, the members of the jury had to render a verdict about the participation of brothers Dzhabrail and Ibragim Makhmudov and former police officer Sergei Khadzhikurbanov in the murder.

Sergei Khadzhikurbanov had also been accused of detaining and ill-treating businessman Eduard Ponikarov together with FSB officer Pavel Riaguzov.

Amnesty International attended a large part of the hearings into the murder case.

Sri Lanka’s war of terror

February 20, 2009

Nagesh Rao explains the historical background to the Sri Lankan government’s latest war crimes against the Tamil minority.

A group of made refugees in Sri Lanka's civil warA group of made refugees in Sri Lanka’s civil war

THE SRI LANKAN military is intensifying its war on the country’s Tamil minority–but the international media is focused far more on the violence of the Tamil resistance.

Just as the Israelis did during their most recent invasion of Gaza, Sri Lankan authorities have prevented journalists from entering war zones. Consequently, the media has largely followed official Sri Lankan pronouncements and viewed this decades-old conflict through the relatively new lens of the “war on terror.”

Meanwhile, human rights organizations, various NGOs, and Tamil organizations worldwide have produced evidence of a brutal military campaign by the Sri Lankan state directed against the Tamil population at large.

A January 28 Amnesty International press release about the unfolding humanitarian catastrophe in Sri Lanka stated:

“Recent fighting has placed more than a quarter of a million civilians at great risk. People displaced by the conflict are experiencing acute shortages of humanitarian aid, especially food, shelter and medical care. There has been no food convoy in the area since 16 January,” said Yolanda Foster, Amnesty International’s Sri Lanka researcher.

The Government of Sri Lanka is carrying out military operations in areas with a civilian population. The aerial and artillery bombardment has reportedly led to civilian deaths, injuries, the destruction of property and mass displacement on this island nation off India’s southeastern coast.

Sri Lankan government forces have pushed the Tamil Tigers out of all major urban areas they had held for nearly a decade and into a small pocket of land. More than 300,000 civilians who have fled the oncoming government troops are also trapped in this small area. They have been displaced multiple times and are increasingly vulnerable as fighting moves closer.

Hundreds of people have been killed or injured and such medical care as has been available is threatened due to danger to the few health workers and damage to hospitals.

The government had declared “safe zones” to allow civilians to seek shelter, but information made available to Amnesty International indicates that several civilians in the so-called safe zone have been killed or sustained injuries as a result of artillery bombardment.

A doctor working in a hospital in a “safe zone” says that about 1,000 shells fell around the hospital.

Yet even though Amnesty International demonstrated that the overwhelming responsibility for the violence lay with government authorities, it titled its press release, “Government and Tamil Tigers violating laws of war.” According to Amnesty, “in at least one instance,” the rebel Tamil Tigers blocked the movement of a Red Cross convoy of injured and at-risk people out of the war zone. The statement ends by quoting Yolanda Foster again:

The immediate priority is medical attention for the seriously wounded. The Tamil Tigers must let injured civilians go. Preventing civilians from accessing medical care constitutes a war crime.

The Amnesty International statement thus offers a lengthy list of crimes committed by the Sri Lankan military, only to end by suggesting that the obstacle to meeting the most “immediate priority” is the “war crime” being committed by the rebel Liberation Tigers of Tamil Eelam (LTTE) group. Nowhere in the statement are the words “war crime” associated with the government’s actions, which are instead referred to as “a military campaign.”

In response, many Tamil activists and organizations have urged the international community to recognize the Sri Lankan government’s latest military assault on the Tamils as constituting, at a minimum, “acts of genocide” as defined by the Geneva Convention.

– – – – – – – – – – – – – – – –

ON THE streets of the capital Colombo, roving gangs of political thugs have waged a campaign of terror designed to intimidate any and all opposition to the Sri Lankan state. On January 28, human rights lawyer and activist Amitha Ariyaratne received death threats from police officers at a police station just north of Colombo. Three days later, his office was burned down by an unknown arsonist.

This came on the heels of the sensational assassination on January 8 of a leading journalist and critic of the government and editor of the Sunday Leader newspaper. Lasantha Wickramatunga was assassinated by unidentified assailants during his morning commute in rush-hour traffic. His car window was smashed in, and he was shot in the head, the chest and the stomach. He died on the way to the hospital.

Wickramatunga’s last article, “And then they came for me,” was a moving and passionate letter to his readers predicting his own death at the hands of his government. Not surprisingly, Reporters Without Borders ranks Sri Lanka 165th (out of 173 countries) in its index of press freedom around the world.

The Sri Lankan government has turned a deaf ear to international human rights organizations and Tamil NGOs who have complained about innumerable human rights violations and the ongoing humanitarian disaster in the northeast. Using “war on terror” rhetoric, Sri Lankan state propaganda has instead deflected international media attention towards war crimes allegedly committed by the LTTE.

However, the Sri Lankan government has absolved itself of its own obligation to respect human rights. In 2006 the Supreme Court declared that “[T]he Human Rights Committee at Geneva…is not reposed with judicial power under our constitution,” (see the text of the ruling here) providing a legal fig-leaf for the government’s draconian crackdown on the Tamils. The Asian Human Rights Commission has declared, “The Supreme Court of Sri Lanka is a part of the human rights violation mechanism.”

About 74 percent of the Sri Lankan population consists of Sinhala-speaking Buddhists, while the rest are Tamil-speaking Hindus and Muslims. Since the 1980s, a brutal civil war between the government forces and the Tamil Tigers has claimed over 70,000 lives, with hundreds of thousands more injured and displaced, the majority of them Tamils.

Most media reports date the origins of the conflict between the Tamils and the Sinhalese to the founding of the LTTE in the 1980s, but the Tamils have faced discrimination and repression at the hands of Colombo’s Sinhala-dominated government ever since Sri Lanka achieved its independence from Britain in 1948.

One of the first acts of the newly independent state in 1949 was to disenfranchise, at the stroke of a pen, some 1 million Tamils who had arrived in Sri Lanka in the twentieth century. They were declared non-citizens and told to return to India. Many of these “Indian Tamils” had been brought in by the British from India to not only labor in the tea plantations but to serve in the colonial administrative bureaucracy. British divide-and-rule policies resulted in special privileges for middle-class Tamils who had been educated in English in India. This bred resentment among sections of the Sinhala majority, and right-wing Sinhalese chauvinism began to gain ground during the waning years of British rule.

By disenfranchising the “Indian Tamils,” the newly-independent Sri Lankan state had resorted to a despicably ethnic-chauvinist policy, and encouraged the growth of the far right. In 1956, the Sri Lanka Freedom Party (SLFP) rode this wave of Sinhalese-Buddhist chauvinism to come to power and unleashed the first anti-Tamil pogrom, leaving some 100 Tamils dead and thousands displaced from their homes. The pogroms were led, and egged on, by militant and fascistic Buddhist monks.

Another wave of anti-Tamil hysteria in the 1960s resulted in the declaration of Sinhala as the only official language of the state. More pogroms followed in the early 1970s, with the monks and their allies periodically terrorizing and intimidating the Tamil population, while their political patrons reaped the rewards of a ready-made majority at the polls. In 1981, in an act that often referred to as “cultural genocide,” rioting policemen burned down the Jaffna Library, which housed much of the cultural memory of the Tamil population.

Continued >>

Pakistani government must protect Swat valley civilians

February 16, 2009

Amnesty International, 12 February 2009

According to official estimates, over the past year more than 1,200 people have been killed and between 200,000 and 500,000 have been displaced in the Swat valley as a result of fighting between Pakistani Taleban groups and the military.

The Pakistani government is being urged to act immediately to protect hundreds of thousands of people from insurgents in the Swat valley and elsewhere in the country.

“For the past five years the government’s response to the rise of insurgents in Swat and the Tribal Areas has vacillated between launching often indiscriminate and disproportionate military operations that mostly harm civilians and abandoning Pakistani citizens to abusive insurgent groups,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

Since 2007, a local armed group ideologically affiliated with Afghanistan’s Taleban movement has managed to take effective control of nearly 80 percent of the Swat valley territory. The area was once a tourist destination just 100 miles from Islamabad and is normally home to around 1.5 million people.

Over the past two years, radical cleric Maulana Fazlullah and his followers have increasingly established control over the Swat Valley, imposing a de-facto administration. The group has consolidated its control by setting up a parallel justice system with over 70 “courts” to administer “speedy and easy justice”. This means meting out punishments that amount to cruel, degrading, or inhumane treatment. The Pakistani Taleban recently threatened to kill all lawyers and judges if they failed to stop working with the state judicial system.

In Swat, the Pakistani Taleban have committed serious human rights abuses, including the unlawful killing of scores of government workers as well as those whom they view as violating their edicts. The Taleban have publicly whipped men for shaving their beards, destroyed shops for selling music and forcibly prohibited women from leaving their houses unless escorted by a male relative.

The main square of Mingora, the area’s largest city, has been locally dubbed Khooni Chowk, or “bloody square”, in reference to the more than two dozen bodies the Pakistani Taleban have publicly displayed there.

“The Pakistani Taleban have shown their contempt for the lives and rights of the people of the Swat valley, whilst Pakistani military forces have often violated the human rights and safety of the people that they are ostensibly trying to protect,” said Sam Zarifi.

There are an estimated 3,000 Taleban insurgents located in the Swat Valley. They often endanger civilians by seeking shelter in villages, knowing that this might provoke military reaction.

Up to 15,000 government troops are deployed in Swat to root out insurgents. They have used helicopter gunships and heavy artillery in their operations, often in an indiscriminate way, harming civilians as they do so. Tens of thousands of people who have fled the area have cited their fear of government military operations, rather than the Taleban.

“The Pakistani government needs to implement a strategy that focuses on respecting the rights and the well-being of its citizens and refrains from heavy-handed military operations which put civilians at risk. The government should also ensure it does not leave its citizens at the mercy of the Taleban.”

Amnesty International has condemned the Pakistani Taleban’s campaign against education, especially for girls. Over the past 18 months, the Taleban have destroyed more than 170 schools in Swat, including more than 100 girls’ schools. These attacks have disrupted the education of more than 50,000 pupils, from primary to college level, according to official estimates.

The organization urged the government to take protective measures to guarantee that pupils of both genders, including those who have fled their homes, have access to education when schools reopen on 1 March.

UN to investigate Israel over Gaza bombs

February 12, 2009
(Wednesday 11 February 2009)

UNITED Nations secretary-general Ban Ki Moon ordered an investigation into Israeli attacks on UN facilities in Gaza on Tuesday.

Mr Ban declared that he had initiated steps to establish a UN board of inquiry “into incidents involving death and damage at UN premises in Gaza.”

The secretary-general said that the board should start work immediately and report to him within a month.

Over 50 UN installations were damaged during the Israeli air and ground assault between December 27 and January 18.

But Amnesty International insisted that the inquiry should be much broader and include all alleged violations of international law.

Amnesty secretary-general Irene Khan called Mr Ban’s announcement welcome but insufficient.

“It is not only the victims of attacks on the UN who have a right to know why their rights were violated and who was responsible and to obtain justice and reparation,” Ms Khan observed.

She called for a “comprehensive international investigation that looks at all alleged violations of international law – by Israel, by Hamas and by other Palestinian armed groups involved in the conflict.”

Ms Khan urged the security council to support a comprehensive inquiry “that covers all attacks that may have violated the laws of war during the recent fighting in Gaza and southern Israel.”

Saudi Monstrosity and International Silence

February 5, 2009

By Huda Jawad| Informatioin Clearing House, Feb 4, 2009

For the past several weeks, dozens of family members have been reaching out to the Iraqi government in a fragile gesture meant to save the lives of their sons. In January 2009, Saudi courts convicted 25 young Iraqi men of trespassing into Saudi Arabia. Their punishment: beheading. Among the Iraqi prisoners are at least several men suffering from tuberculosis, all of whom are being denied medical attention by the Saudi judiciary.

Relatives of the Iraqi prisoners in Saudi prisons have been holding protests in the southern province of Al-Muthana, withstanding the bitter cold and wind. The response by the Iraqi officials has been ridiculously indifferent, with the buck being passed between the bureaucracies. Human rights officials have announced today that the case should be pursued by National Security Advisor Mowaffak al-Rubaie. However, Rubaie has refused to take any proactive action in this regard. In September 2008, Rubaie had met with the Saudi King and authorized the transfer of 400 Saudi terrorists out of Iraq and back to Saudi Arabia. Any mention of the Iraqi death-row prisoners in Saudi Arabia was not present.

Iraqi politicians are far too engulfed in the elections to even grant a second glance to the young men about to lose their lives for petty crimes. However, these same power holders have no grievance with releasing Saudi terrorists and allowing them to live a normal life, long after they had wrecked that of the Iraqi children. Saudi Arabia has become the shame of the Muslim and Arab world; to think some claim these barbarians represent us is an insult to humanity and Islam.

Saudi Arabia is a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Secrecy and the lack of internationally recognized standards of due process have long been distinctive features of the Saudi justice system. None of the Iraqi men had access to any form of legal representation, nor were they offered such an option. This is a recurring theme within the Saudi legal system, and it strips away the most basic of rights for prisoners, both foreign and domestic.

The treatment of detained foreign nationals both in the case of the Iraqi men and other multinationals gives insight into the closed world and fundamental flaws of the Saudi judicial system, including prolonged incommunicado detention, the absence of protection against torture, and other forms of mistreatment during interrogation. In many cases involving foreigners, foreign governments rarely if ever publicly raise fair-trial concerns or engage in other vigorous public advocacy on behalf of their nationals, prior to or even after their executions.

If this was any other nation, there would outrage, but since it is Saudi Arabia, the world has become complacent. The kingdom spends a fortune on US public relations firms to cover up human rights violations. In the year 2000, Amnesty International reported that Saudi Arabia has spent more than one million dollars on public relations firms to ensure secrecy about abuses of human rights. An oil-dependent international community sits back in silence as the suffering continues inside the kingdom.

The death penalty is used in Saudi Arabia more than in any other country, mainly because many crimes are punishable by execution. Defendants are typically poor foreign migrant workers from developing countries in Africa and Asia, often have no defense lawyer, and are usually unable to follow court proceedings in Arabic. For countless prisoners, they had no knowledge of their sentence until the actual day of their execution.

We must act now to save the Iraqi prisoners in Saudi custody. These Iraqi nationals were beaten until they confessed, and all claim that they are innocent. Prisoners in Saudi Arabia can be put to death without a scheduled date for execution being made known to them or their families. Subsequently, these men could be put to death any time.

Here is whom to contact regarding appeals in the cases of the Iraqi prisoners, while also expressing our outrage at the abuse of all prisoners:

Ambassador Adel A. Al-Jubeir
Royal Embassy of Saudi Arabia
601 New Hampshire Ave. NW
Washington DC 20037
Fax: 1 202 944 3113
Email: info@saudiembassy.netThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

His Majesty King Abdullah Bin Abdul Aziz Al- Saud
The Custodian of the Two Holy Mosques
Office of His Majesty the King
Royal Court
Riyadh
KINGDOM OF SAUDI ARABIA
Fax (via Ministry of the Interior): 011 966 1 403 1185 (please keep trying)
Salutation: Your Majesty

Turki bin Khaled Al-Sudairy
President
Human Rights Commission
P.O. Box 58889
King Fahad Road, Building No. 373
Riyadh 11515
KINGDOM OF SAUDI ARABIA
Fax: 011 966 1 4612061

Huda Jawad is a writer for http://islamicinsights.com/, a weekly publication in North America.

Falk likens Gaza to Warsaw Ghetto

January 23, 2009

Press TV
Thu, 22 Jan 2009 19:32:11 GMT

UN investigator Richard Falk says Israeli crimes in Gaza will leave Palestinians mentally scarred for life.

There is more than enough evidence that Israel committed war crimes in its three week-long offensive into Gaza, says a UN investigator.

UN special rapporteur Richard Falk called for an independent inquiry into Israel’s violation of international humanitarian law.

Falk said Israel’s actions against the besieged Gazans are reminiscent of “the worst kind of international memories of the Warsaw Ghetto” which included the starvation and murder of Polish Jews by Nazi Germany in World War Two.

“There could have been temporary provision at least made for children, disabled, sick civilians to leave, even if where they left to was southern Israel,” said the Jewish American academic on Thursday.

Falk, who was denied entry to Israel in December, said Gazans may have been mentally scarred for life because Israel made no effort to allow civilians to escape.

Israeli officials moved closer to being prosecuted for war crimes after Norwegian medics in Gaza found traces of depleted uranium on Gaza victims, suggesting that Israel used the illegal weapons in its war on the impoverished territory, which houses some 1.5 million Palestinians.

According to the International Atomic Energy Agency (IAEA), there is a “high risk of developing cancer from exposure to radiation emitted by … depleted uranium weapons. This risk is assumed to be proportional to the dose received.”

The Geneva Convention has classified depleted uranium ammunitions as ‘illegal weapons of mass destruction’ due to their high radioactivity and toxicity.

Israel faces potential war crimes charges over its excessive use of other controversial weapons on the densely-populated coastal strip.

Human rights group Amnesty International has also touched on the issue, saying that Tel Aviv used white phosphorus munitions “indiscriminately and illegally” in overcrowded areas of Gaza.

“The repeated use [of White Phosphorus] in this manner, despite evidence of its indiscriminate effects and its toll on civilians, is a war crime,” said Donatella Rovera of the Amnesty International.

White phosphorus is a high-incendiary substance that bursts into all-consuming flames that cannot be extinguished with water, burning flesh to the bone and often leading to death.

Israel launched its Operation Cast Lead on December 27 to allegedly defend its territories from Hamas rockets, which were fired in retaliation for Israel’s violation of a ceasefire that had then been in place.

Falk, dismissed Israel’s argument that the assault was for self-defense, saying that “the UN charter, and international law, does not give Israel the legal foundation for claiming self-defense.”

Israel and the white heat of justice

January 23, 2009

A political solution for Gaza must not preclude the investigation of war crimes, including Israel’s use of white phosphorus


<Link to this video

Amnesty International has now joined the United Nations and Human Rights Watch in accusing the Israeli government of breaking international law outlawing the use of white phosphorus shells in the middle of highly populated areas of Gaza. The UN secretary general, Ban Ki-Moon, has condemned Israeli attacks on UN humanitarian centres in Gaza as “outrageous” and has called for an independent, international inquiry.

Meanwhile a senior minister in the Israeli government has been quoted in the Israeli newspaper Haaretz as saying that when the full extent of the destruction brought on Gaza becomes known “I will not be taking my holidays in Amsterdam”. This possibly “humorous” observation referred to the possibility that leaders of the Israeli government may yet be arraigned before the International Criminal Court in The Hague – or a similar tribunal – to answer charges of war crimes.

Indeed some 300 human rights organisations have already prepared an initial 37-page dossier to be presented to the court. At the same time, in a move which could be equally damaging to the international standing of the Israeli government, a number of United Nations humanitarian agencies have insisted that there must be an independent, internationally approved, legal inquiry into the prima facie evidence of crimes committed. It is clear now that Israeli shelling and missile attacks – including those on UN facilities used as shelters for civilians during the war – have taken many hundreds of innocent civilian lives.

There is one obvious problem with taking steps to ensure that those responsible for the horrific massacres of civilians in Gaza are held accountable for their actions: Israel is not a member state of the ICC. The initial reaction of the ICC has been that it is therefore not open to the court to examine these charges. According to some senior French jurists, however, it should still be possible for the ICC to pursue named individuals for alleged crimes committed in Gaza.

There is also a precedent for the ICC to be asked by the United Nations to conduct such a trial – namely the current hearings into crimes against humanity allegedly committed by forces under the control of the government of Sudan in Darfur. It may be possible for the UN to establish a specific war crimes tribunal to hear the charges arising out of the actions of the Israeli forces in Gaza. After all, something very similar happened after the atrocities committed during the wars in the former Yugoslavia and the Rwanda genocide.

The Israeli government has denied that it was responsible for any war crimes committed during the course of its three-week campaign in Gaza. Interestingly, however, the Israeli prime minister, Ehud Olmert has expressed “remorse” for what happened to the civilian population of Gaza. One obvious question is: what does he feel guilty about? Some Israelis may also argue that Hamas has also committed crimes worthy of international condemnation. But, of course, it open to them to present such a legal dossier to the ICC authorities in the Netherlands.

Obviously, a UN mandate for a legal inquiry into alleged Israeli war crimes would only come about if the Obama administration decides not to use its veto in the UN Security Council. But by allowing a legal investigation to proceed, the US would send the clearest possible signal that it intends to exercise far greater even-handedness between Israel and the Palestinians than it has ever done in the past. Moreover, the incoming administration is under growing pressure to sanction an inquiry into possible criminal action by the Bush administration in its use of torture.

No doubt, the British government, among others, will say that the priority of the international community must be to underpin the current ceasefire with a permanent peace agreement which provides for a two-state solution. But there is no reason why the push for a permanent agreement should exclude the rule of law from operating without inhibition. After all, this was the case in the former Yugoslavia.

According to Israeli opinion polls, the present coalition government is heading for defeat in the general election in three weeks’ time. The responsibility for negotiating a permanent peace settlement is likely to fall to an even more right-wing government, led by Binyamin Netanyahu.

That said, an inspiring feature of the feature of the worldwide demonstrations against Israel’s Gaza offensive has been the prominent role played by Jews and Jewish organisations in the protests. Organisations like Jews for Justice for Palestinians, along with a small but heroic opposition to the massacres in Israel itself. Israeli human rights activists have also now launched a website to identify alleged Israeli war criminals and assist their transfer to the jurisdiction of the ICC.