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Sudan: August 31, 2010

Bashir Flouts Arrest Warrants on Visit to Kenya

In defiance of two arrest warrants and international demand for his surrender, Sudanese President Omar al-Bashir arrived in Kenya on August 27th to celebrate the nation’s new constitution.

Issued by the International Criminal Court (ICC) in March 2009, the first arrest warrant for Bashir included charges of crimes against humanity and war crimes. The court added a second warrant in July 2010 for three counts of genocide. Without the means to enforce its warrants, the ICC must rely on its member states to cooperate.

Kenya’s decision to welcome Bashir cast a shadow not only over its new constitution — sculpted to ease ethnic tensions, corruption, and patronage in its politics — but also over Kenya’s own relationship to the international court. The Kenyan government has pledged full cooperation with an ongoing ICC investigation into the crimes committed following Kenya’s 2007 general elections.

“Kenya will forever tarnish the celebration of its long-awaited constitution if it welcomes an international fugitive to the festivities,” said Elise Keppler of Human Rights Watch on August 26. “Even worse, hosting al-Bashir would throw into question Kenya’s commitment to cooperate with the ICC on its Kenyan investigation.”

Congratulating Kenya on its new constitution, President Obama expressed disappointment in Kenya for hosting Bashir. In a statement by the White House, he said, “…we consider it important that Kenya honor it commitments to the ICC and international justice, along with all nations that share those responsibilities. In Kenya and beyond, justice is a critical ingredient for lasting peace.”

Sudan: July 14, 2010

An Important Step towards Accountability

After the first indictment against Sudanese President Bashir dropped genocide from its list of charges, a second indictment made public by the International Criminal Court (ICC) this week has officially added three counts of genocide.

Noting that the second warrant does not replace or revoke the first, the court stated “there are reasonable grounds to believe that Mr Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups.” The arrest warrant cites the contamination of wells and water pumps, forcible transfers, and resettlements as acts by Government of Sudan forces “in furtherance of the genocidal policy.”

Bashir already stands accused of five counts of crimes again humanity and two counts of war crimes for his leadership in orchestrating the conflict in Darfur.

The U.S. Holocaust Memorial Museum characterized this decision by the ICC as an important step towards holding leaders accountable for such egregious crimes.

“This is the first time that the International Criminal Court has accused a sitting head of state of genocide,” said Mike Abramowitz, Director of the Museum’s genocide prevention program. “Justice requires that President Al Bashir respond to these very serious charges against him.”

Read the Museum’s full press release and learn more about the ICC, the first permanent judicial body set up to try individuals for “the most serious crimes of concern to the international community.”

Bosnia: July 12, 2010

Marking the 15th Anniversary of Srebrenica

Sunday, July 11, 2010 marked the fifteen-year anniversary of the fall of Srebrenica. During the 1992-1995 Bosnian war, Srebrenica was one of a few lone Bosniak holdouts in the east. Completely surrounded by Bosnian Serb forces, the town was declared a safe haven in 1993, to be protected and disarmed by United Nations soldiers.

Neither happened.

In the days after the town fell in 1995, some 8,000 Bosniak men and boys were systematically murdered.

Each year at Potocari — a memorial site and cemetery at the former UN base outside Srebrenica, where many survivors last saw their loved ones — exhumed remains are buried. This year, another 775 coffins were added to the nearly 4,000 others in the cemetery. Among them were Hasan Nuhanovic’s brother and mother, finally laid to rest beside his father’s grave.

Many dignitaries attended the ceremony, including U.S. Ambassador Charles English, who read a statement from President Obama, and Serbian President Boris Tadic, who stated his presence was an “act of reconciliation.”  The Bosnian Serbs were represented at the ceremony by a low-level delegation, headed by the deputy president of their portion of Bosnia. (After the war ended, a peace agreement negotiated the establishment of two state entities inside Bosnia.)  The day before the ceremony, in a deliberate provocation, the Serb Democratic Party — a political party established by the former Bosnia Serb leader and indicted war criminal Radovan Karadzic — had honored the Bosnian Serb deputy president.

Although there have been many significant gains since the war ended, Bosnia remains, in many ways, divided by the legacy of the war.

On Thursday, July 15th, the Museum will host a conference to explore this legacy and reexamine U.S. and European policy towards the Balkan region. Join us at the program or online shortly thereafter to access transcripts and videos from the event.

Rwanda: July 6, 2010

Rwandan Journalist’s Murder Increases Concern Ahead of Elections

Unexplained grenade attacks, increased political repression, an assassination attempt over 1600 miles away, and a successful murder much closer to home have cast dark shadows over the upcoming presidential elections scheduled for August in Rwanda.

On June 19th, in Johannesburg, South Africa, gunmen tried to kill Lt. Gen. Faustin Kayumba Nyamwasa, former army chief and onetime ally of President Kagame. In 1994, Nyamwasa and Kagame were commanders in the Tutsi-dominated Rwandan Patriotic Front (RPF), which defeated the Hutu perpetrator regime and ended the genocide. Both France and Spain have issued arrest warrants against Nyamwasa for atrocities committed under his command during the RPF advance. Now a critic of the Rwandan president, Nyamwasa fled to South Africa after being interrogated by officials in Kagame’s political party.

In a nation where the freedom of expression is already restricted, the upcoming presidential elections have intensified the government’s efforts to quell any form of criticism or opposition.

A Hutu politician, Victoire Ingabire, who had planned to challenge Kagame in the presidential elections, is facing trial for “genocide denial.” Peter Erlinder, an American and the lead defense counsel for genocide suspects at the International Criminal Tribunal for Rwanda, was briefly jailed after arriving in Rwanda to help Ingabire’s defense.

And then in the late evening on June 24th, Jean-Leonard Rugambage, a journalist and acting editor for the newspaper Umuvugizi, was shot dead outside his home in Kigali. Umuvugizi, an independent newspaper that has often been critical of the government, had just published an article alleging that the Rwandan government was behind the attempted murder of Nyamwasa in South Africa. The government had also just suspended Umuvugizi, and Rwandan internet providers have blocked online access to the paper’s website.

The government has denied any role in Rugambage’s death but has continued to pressure opposition groups. In recent days, police detained the leader of one opposition party, and members from two different opposition parties were arrested and reportedly beaten. Human Rights Watch explains, “These incidents are occurring the very moment that parties are putting forward candidates for the presidential elections. The government is ensuring that opposition parties are unable to function and are excluded from the political process.”

Burundi: July 2, 2010

One-Man Presidential Vote in Burundi Elections

A chance to demonstrate Burundi’s commitment to peace and democracy in the aftermath of civil war, the 2010 presidential elections were the first since Burundi’s last remaining rebel group demobilized and agreed to transform into a political party called FNL. But on voting day, June 28th, incumbent President Pierre Nkurunziza was the lone candidate on the ballot. In early June, six opposition candidates had pulled out of the elections, citing intimidation and rigging by the government in previous district elections.

Just hours before polls opened, a grenade exploded near the offices of the European Union election observer mission. More than 40 grenade attacks in Burundi have killed five people and injured 60 in the last several weeks.

Widely considered the key challenger to President Nkurunziza, Agathon Rwasa, the head of FNL, has gone into hiding and is believed to be in neighboring Democratic Republic of the Congo. Both Nkurunziza and Rwasa were leaders in different Hutu rebel groups, which fought against the Tutsi-dominated government and army in the civil war between 1993 and 2000.

Sudan: June 24, 2010

Continued Violence and Displacement in Sudan Ahead of Referenda

An estimated 600 people died in fighting in Darfur, Sudan in May 2010, marking a two-year high in violent fatalities since the arrival of the UN peacekeeping force (UNAMID) in January 2008. The sharp increase in deaths — about five times higher than the monthly average for the last year — results from fighting between Sudan Armed Forces and Justice and Equality Movement (JEM), the Darfur rebel group, which withdrew from the Doha peace talks last month. As Julie Flint reports, the new fighting has, once again, targeted civilians:

UNAMID is investigating reports of ‘gross’ human rights violations by government forces and militias in the battle for Jebel Mun, with many civilians (including women) reportedly ‘assaulted and tortured’. JEM, on the run, has stolen fuel and other commodities from civilians. There are reports that, before being driven from Jebel Mun, JEM’s men engaged in extortion and destroyed wells as a ‘retaliation measure’–presumably for support given to the breakaway Justice and Reform Movement of the local Missiriya Jebel community.

Humanitarian access is obstructed and constrained by insecurity and kidnappings. More than 60,000 displaced people have been cut off in Jebel Mun for months now.

As of May 2010, at least 4.9 million people were internally displaced throughout the country — some for over two decades. In southern Sudan, over 400,000 people have been newly displaced since January 2009, as a result of intercommunal violence and attacks by the Lord’s Resistance Army.

The recent violence and displacement casts a shadow over the fast approaching referendum for southern independence that is scheduled for January 2011 and the many fundamental logistical and political issues left to resolve. Thirty-three constituencies in Sudan still need to conduct or re-run elections, including the Southern Kordofan legislative assembly. Without these elections, Southern Kordofan cannot conduct its popular consultations, which will address land rights and self-determination in the border region. Questions around voter eligibility remain unanswered in the oil-rich region of Abyei, whose inhabitants are expecting to vote on a separate referendum in 2011 and whose borders — like the North-South border — have yet to be completely demarcated.

Meanwhile, after three years of inaction by the Sudanese government on the International Criminal Court (ICC) arrest warrants, the ICC sent a formal finding of non-cooperation to the UN Security Council, the first in the history of the court. In April 2007, the court issued warrants for Ahmed Haroun, then Sudan’s minister for humanitarian affairs and now governor of Southern Kordofan state, and Ali Kosheib, a Janjaweed militia leader. In March 2009, the court issued a warrant for Omar al-Bashir, Sudan’s president, newly reelected in a widely criticized process.

Unrelated to the non-cooperation finding, two Darfur rebel leaders surrendered to the ICC on June 16, 2010, following summonses to appear before the court. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus are charged with three counts of war crimes allegedly committed during an attack in September 2007 against the African Union Mission in Sudan (AMIS). The attack killed 12 AMIS soldiers and severely wounded eight others.

Bosnia: June 11, 2010

Two Former Bosnian Serb Officers Convicted of Genocide

On June 10, the International Criminal Tribunal for the Former Yugoslavia (ICTY) convicted two Bosnian Serbs of genocide and sentenced them to life imprisonment for the 1995 murder of as many as 8,000 men and boys from Srebrenica, the largest massacre in Europe since World War II. If the judgments are upheld, they will become the first ever genocide convictions by the ICTY. High-ranking security officers with the Bosnian Serb army, Vujadin Popovic and Ljubisa Beara were both convicted of genocide, extermination, murder, and persecution.

“The scale and nature of the murder operation, with the staggering number of killings, the systematic and organised manner in which it was carried out, the targeting and relentless pursuit of the victims, and the plain intention — apparent from the evidence — to eliminate every Bosnian Muslim male who was captured or surrendered proves beyond reasonable doubt that this was genocide,” the Trial Chamber of the court found.

The court found that Beara was “the driving force behind the murder enterprise” and “had the clearest overall picture of the massive scale and scope of the killing operation.” Of Popovic, the court said that he “knew that the intent was not just to kill those who had fallen into the hands of the Bosnian Serb Forces, but to kill as many as possible with the aim of destroying the group. Popovic’s ensuing robust participation in all aspects of the plan demonstrates that he not only knew of this intent to destroy, but also shared it.”

In order to issue a genocide conviction, the courts must find that the perpetrator possessed the “intent to destroy,” which is required by the definition of genocide. In earlier cases, courts have set a high standard for assessing this very specific state of mind: it must be the only inference based on the facts and circumstances.

The ICTY also convicted a third Bosnian Serb officer, Drago Nikolic, of aiding and abetting genocide. All three officers were in the chain of command under General Ratko Mladic, the former Bosnian Serb military leader, who remains at large.

The court’s affirmation that the crime of genocide was committed at Srebrenica may influence the ongoing trial at the ICTY of former Bosnian Serb leader Radovan Karadzic, arrested in July 2008. In 2001, the court convicted General Radislav Kristic of genocide, but his conviction was overturned on appeal and reduced to aiding and abetting genocide.

Sudan: April 30, 2010

Election Results from Sudan and the Challenges that Follow

Omar al-Bashir, who originally came to power in a 1989 military coup, won Sudan’s presidency with an official vote count of 68%. The unsurprising outcome was widely criticized by international observers who cited election-related reports of intimidation, gerrymandering, and fraud. In South Sudan, incumbent candidate Salva Kiir won 93% of the vote to remain in office as president of the semiautonomous region, which is expected to vote for succession from Sudan next year. Leaders and parties in the south, however, are hardly united on the region’s internal issues. Nine southern opposition parties have decided to challenge Mr. Kiir’s victory — and the count of 93% — in court.

Intensifying tensions along the north-south border, dozens were killed last week in clashes between SPLM soldiers and the Rizeigat tribe in the area between Western Bahr el-Ghazal and South Darfur. In an unrelated instance, on April 30, mutinous SPLM soldiers attacked an army barrack near Malakal and killed a number of people. The episodes of violence underscore the urgency and importance of resolving the common issues that face the north and south ahead of the referendum, including the demarcation of the border and the division of the oil fields.

Sudan: April 23, 2010

Not Free or Fair: Elections in Sudan

On April 11, Sudanese began voting in their country’s first multi-party elections in 24 years. Even though elections were boycotted by several popular opposition parties, they were still held amidst ongoing conflict in Darfur, reports of intimidation and threats of violence in South Sudan, and the government’s habitual restrictions on political rights and freedoms.

In a comment after polls had closed, the U.S. State Department spokesman stated, “This was not a free and fair election. It did not, broadly speaking, meet international standards.”

Originally due on April 22, the final election results have been delayed by Sudan’s National Elections Commission to accommodate logistical challenges.

View striking photographs from across Sudan during the elections.  Learn more by reading assessments of the elections from The Carter Center, as well as from a coalition of civil society organizations that monitored the process.

Sudan: April 12, 2010

Sudan Votes

On Sunday morning, April 11, Sudanese began arriving at the polls to vote in their country’s first multi-party elections in 24 years. In the days leading up to the election, however, the number of candidates vying for office became considerably more limited.

Less than two weeks before the elections, on March 31, Sudan People’s Liberation Movement (SPLM) withdrew its candidate for Sudanese presidency, Yasir Arman, and, a week later, all of its candidates in 13 out of the 15 northern state elections. The SPLM cited election irregularities and the conflict in Darfur, which prevented anything approximating a free and fair election there. The SPLM stated its intention to participate only in parliamentary and local elections in the disputed Blue Nile and Southern Kordofan states. The decision to drop out of the presidential race marked a decisive and poignant end to the South’s erstwhile dream of fighting for a reformed and united Sudan — the vision that SPLA leader John Garang carried to his death.

The day after SPLM’s decision to withdraw Mr. Arman, leading opposition parties in the north, including the popular Umma party, announced a full boycott of the elections.

Although Bashir seeks the legitimacy that befalls an elected leader, his likely victory has now been tainted by the boycott and continued reports of election irregularities. The logistics of the election have been exceedingly complicated. In order to participate in all national, parliamentary, and local elections, voters in the north have to vote eight times over the next few days and those in the south 12 times. On the second day of voting, the election commission announced that polls would be extended by two days to accommodate delays in delivering ballots papers to all 17,000 centers around the country.