Become a Member!

Sign In

Sudan Governing Party Rules Out Cooperation With ICC

by Peter Clottey on 03 Nov 2010 | Comments


A prominent member of Sudan’s ruling National Congress Party (NCP) has said his party as well as the government in Khartoum will “never” cooperate with the Hague-based International Criminal Court (ICC).

Professor Ibrahim Ghandour, secretary for political affairs of the governing NCP, praised what he says is Kenya’s “strong efforts” of joining forces with the African Union to resist pressure from the (ICC) to arrest indicted Sudanese President Omar Hassan al-Bashir.

“African people and African leaders see the ICC as [a] European and American court, although America is not part of it. But, it is being used as a probe in order to pass decisions against some African countries. This is why we highly praise the position of Kenya, the Kenya government and the Kenyan people,” he said.

This came after an East African leaders summit was moved from Kenya to Ethiopia, a move that analysts say lessens the threat of arrest for Sudan’s wanted president, Omar al-Bashir.

The leaders are expected to discuss upcoming referendums on southern Sudanese independence and the status of Sudan’s oil-rich Abyei region.

Ethiopia is not a signatory to the ICC, meaning it does not have a legal obligation to arrest the Sudanese president, like Kenya.

Ghandour said the Hague-based court seems not to be interested in justice, but rather to make political decisions against Africans.

“We repeat that this court has been established not for international justice because you cannot say that four of the veto holding states in the Security Council are not part of the ICC. And then the same Security Council refers dispute or case to the ICC in a decision which will look at it as a political decision that has nothing to do with justice,” he said.

The court has issued arrest warrants for Mr. Bashir on charges that he masterminded war crimes and genocide in Sudan’s restive Darfur region.

On Tuesday, the International Criminal Court released a statement asking Kenyan officials to take all necessary measures to arrest Mr. Bashir and to turn him over for trial.

The ICC said Kenya has an obligation as an ICC member state to arrest the Sudanese leader.

But, NCP official Ghandour said Louis Moreno Ocampo, chief prosecutor of the Hague-based ICC has “not behaved as someone interested in justice.”


source: Voice of America


Discuss
Photo: Associated Press
Photo: Associated Press

 

Hard Labour for Congolese Kids

by Melanie Gouby | IWPR Reporter & Passy Mubalama and Desanges Kihuha IWPR trained reporters in Goma on 01 Nov 2010 | Comments


Poverty forces thousands of children into taking on exhausting and dangerous work.


Apollinare, not his real name, is just 13, but spends long hours on a construction site, mixing cement and shifting big stones that his slight frame can barely carry.

He is an assistant mason, a job that, according to Congolese law, should not be undertaken by anyone younger than 18.

Congolese law prohibits children below the age of 14 from doing any sort of work, while those under 18 cannot carry out any heavy labour.

The construction site where Apollinaire works is a noisy, dusty place in central Goma. He started working there in 2007, a few months after he turned ten.

Since then, he has been in and out of school, trying to get an education where he can. But for the last few months, he has not attended a single class - although he did enrol at the start of the school year.

Apollinaire feels he will never be able to catch up on the education he’s missed, and now wants to concentrate on becoming a mason.

Although illegal, thousands of children under 18 take on heavy work in order to scrape together enough money for their families to survive.

Apollinaire’s boss says he knows the law well, but argues that employing the boy to help him earn a living is better than leaving him to wander Goma’s streets.

“I am not happy to use children in this kind of work, but when Apollinaire tells me his misery I think I must help him,” he said. “That’s why I asked him to carry light stones. The work that I give him helps him to get shoes, hygiene products. I advise him to always give the money to his mother at home, to buy beans for example.”

But there is also a cost-saving for employers who choose to use child labour. The usual rate for a mason is five US dollars per day, but Apollinaire only receives half this amount, because, according to his boss, he tires faster.

“Since independence, we have functioned on a system called ‘make-do’,” Dufina Tabu from the Association of Volunteers, ASVOCO, a Goma-based NGO, said. “Therefore when the parents have no salary, and it is difficult to provide for their children, the children make do with what they have and take care of themselves. It is easy for anyone to exploit them.”

Apollinaire is the second of six children. His parents are now divorced and he lives with his mother who has difficulty providing for the family.

Knowing that heavy work is illegal for children, Apollinaire’s mother was reluctant to admit that her son works on a construction site.

“Among [my six children] the two eldest work,” she said. “The rest of them are small children. Apollinaire helps by taking care of them at home. Sometimes, he comes home with a bit of money but I don’t ask questions.”

Although it is the parents’ responsibility to protect their children and provide for them, the hardships they have to face make it difficult for someone like Apollinaire’s mother.

The Children’s Parliament of North Kivu, a initiative set up by the United Nations children’s agency UNICEF to give youngsters more of a voice in the region, says that the Congolese government should do more to stop workplace exploitation of minors.

“Today there are children who have to work in difficult conditions because their families are helpless,” Junior Museke, a representative of the parliament, said. “This is a case where the state must take action. It must put in place relay solutions (where the state takes over responsibility from parents) to protect the children.”

Interviewed by IWPR, Tsongo Kataka, director of a regional organisation dedicated to the protection of women and children, explained that the body tries “to raise awareness within families and the population, but that [they] have limited means”.

Apollinaire often gets injured at work and comes home exhausted. There is no time to play or have fun like other children his age, he confides.

“I am a mason. I pick up and move stones and sand. The work that I do is painful and difficult. Sometime stones fall on me and I hurt myself. Once I was seriously injured on the foot and the arm and I was taken to the hospital,” he said.


source: Institute for War and Peace Reporting

Melanie Gouby is an IWPR reporter. Passy Mubalama and Desanges Kihuha are IWPR-trained reporters in Goma.


Discuss
Lionel Healing/Agence France-Presse - Getty Images
Lionel Healing/Agence France-Presse - Getty Images

 

Katanga Defence Say Witness Testimony Inconsistent

by Anjana Sundaram | IWPR reporter on 01 Nov 2010 | Comments


Alleged contradictions in prosecution witness’s account of events around Bogoro attack probed.

Defence lawyers for alleged Congolese warlords Germain Katanga and Matthieu Ngudjolo have sought to weaken the testimony of a prosecution witness by pointing out apparent inconsistencies in his statements.

During his testimony before the International Criminal Court, ICC, which began on October 15, the witness – who spoke with voice and face distortion – provided new details on the planning of the February 2003 Bogoro attack.

Prosecutors provided the witness with a map and asked him to circle all the villages where Lendu and Ngiti military camps were set up. The witness asserted that these camps were all established before the attack on the Ituri town of Bogoro.

However, in cross-examination last week, defence counsel David Hooper questioned the accuracy of the witness’s drawings, asking him if he had visited all the military camps.

“I don’t believe I said that I entered inside the camps to visit,” the witness responded. “But the camps were located near the open public markets or the roads that people used to go to the markets.”

Hooper then pointed to the location of one camp, marked Lengambo, which he said was actually named Lagabo, adding that the witness appeared “to have circled a place and meant somewhere totally different”.

The witness accepted that he had made a mistake.

Katanga and Ngudjolo are accused of war crimes and crimes against humanity related to the attack on Bogoro. Katanga is alleged to have led the Patriotic Resistance Force in Ituri, FRPI, while Ngudjolo was allegedly leader of the National Integrationist Front, FNI.

Hooper also pointed out other apparent contradictions in the witness’s statement, which was prepared by Office of the Prosecution, OTP, investigators before the trial began.

The defence counsel said that in a deposition given on November 19, 2008, the witness claimed to have been present at a meeting to discuss the Bogoro attack in which Katanga outlined the campaign strategy to other commanders.

In the deposition, investigators asked the witness, “Before this Sunday [before the Bogoro attack], had you participated in meetings in which they spoke about the attack of Bogoro?”

The witness replied that he had not.

But during his testimony last week the witness said he had not been present in the meeting which occurred on the Sunday before the Bogoro attack.

After the defence pointed out this apparent anomaly, the witness said, “The planning on the attack of Bogoro was not done during one meeting only. You will notice that there were several meetings held for several attacks.”

The witness had described in his prepared statement hearing bombs and shouts in Bogoro at around 5am on the morning of the attack.

Hooper questioned the accuracy of this account, since the witness had been in the village of Aveba that morning. The witness had stated prior to this that when in Aveba he had not been able to hear similar explosions in an attack on the town of Nyakunde, which is located closer to Aveba than Bogoro.

“How is it possible that you could not hear fighting in Nyakunde but you could hear fighting in Bogoro, 50 kilometres away?” Hooper asked.

The witness replied that geography played a key factor. The Omi mountain range crossed between Aveba and Nyakunde, making a sound barrier that was not present near Bogoro, he said.

The trial will resume on November 1.


source: Institue for War and Peace Reporting


Discuss



 

Arresting LRA leader Joseph Kony is more complex than you think

by Ledio Cakaj on 27 Oct 2010 | Comments


Many assume the US knows where LRA leader Joseph Kony is, but multinational military and diplomatic engagement will be necessary to track him down – and even that might not be enough.

“Only Mr. God knows,” is the short answer to Kony’s whereabouts, as a former LRA commander recently told Enough.

Kony might be in Sudan’s South Darfur region as a recent article claims. In reality, no one – or very few people in the world – really knows where Kony is at the moment. He may well have succumbed to a bout of malaria or worsening case of syphilis.

Throughout Uganda and the region, many believe that the American military with its advanced tracking technology must know what Kony had for dinner, or at the very least his whereabouts. This is simply not true. The vast area where Kony and his men operate combined with relatively modest US “eyes on the ground” make locating Kony very difficult. Even when the US provides satellite images of supposed LRA groups to the Ugandan army on the ground, the information often arrives too late or is difficult to analyze. “All [satellite] images look like the jungle,” a Ugandan army commander told Enough.

Research on the ground sheds light on where Kony might have been, but rarely on where he actually is. Often, information from people living in LRA areas can be wrong, as LRA commanders use deception to confuse locals. Major Olanya, for instance, who is Kony’s half-brother, often pretends to be Kony. Former abductees in CAR were told Olanya was the “chief of the land” and were later released. LRA commander Ceasar Achellam and his group have in the past mimicked Kony’s movements. In typical Kony fashion, Achellam’s group has been known to move in two separate groups; one of the groups walks very fast with a front and back security detail, while the other group moves more slowly and consists mostly of women and children, even though Achellam, unlike Kony, has few women and children in his group.

The sheer difficulty of knowing the top LRA commander’s location has important practical implications often ignored by proposals to apprehend Kony. In order to apprehend Kony, a significant ramping up of the on-going military effort is needed. A force capable of capturing Kony must be numerous enough to comb through thousands of miles of territory and well-supplied with intelligence gathering resources, including unmanned aerial vehicles commonly known as Predator planes that can effectively survey vast and hard-to-reach areas.

Serious diplomatic engagement is required to maximize the chances of apprehending Kony. If Kony is indeed in South Darfur, no military apart from the Sudanese Armed Forces can go after him unless given explicit permission from the Khartoum government – a near impossibility. The Khartoum government needs to be diplomatically pressured into pushing LRA units out of Darfur. At the very least, diplomats such as US Special Envoy Scott Gration must make clear to Sudan’s ruling party that there are seriously consequences for re-supplying the LRA.

However, it is debatable whether a beefed up military effort combined with diplomatic pressure will succeed in capturing Kony, at least in the immediate future. Any actions aimed at dismantling the LRA need to target the group as a whole and specifically engage top commanders, not just Kony. Commanders like Dominic Ongwen have operated independently of Kony for over a year now, and there is reason to believe the LRA would continue even if Kony is captured or killed. It’s even conceivable – though perhaps unlikely – that Kony could already be dead and his half-brother continues to impersonate him to keep the fighters motivated.

A strategy to dismantle the LRA should be multi-faceted and give equal importance to diplomatic and civilian as to military solutions. This includes diplomatically engaging the Sudanese government and encouraging defections of LRA fighters. It is also time the Ugandan government consider peacefully approaching some LRA commanders, especially those based in Congo and South Sudan, who operate at a distance from Kony and Odhiambo.

Most importantly, this is a golden opportunity for the international community, especially the U.S. government, to push the Ugandan government finally take seriously the rebuilding of northern Uganda, a region traditionally ignored by the central government. Legitimate grievances such as rampant poverty and lack of education that caused rebellions (one being the LRA) more than 20 years ago remain unaddressed. Rebuilding the North will not only bring the Acholi people what they have been unjustly deprived of but will also encourage LRA fighters to come out of the bush.

– Ledio Cakaj blogs for the Enough Project at Enough Said.

source: Christian Science Monitor


Discuss
Reuters TV
Reuters TV

 

ICC asks Kenya to act on Bashir arrest warrants

by Reuters on 27 Oct 2010 | Comments


AMSTERDAM (Reuters) - A pre-trial chamber of the International Criminal Court (ICC) has called on Kenya to arrest Sudanese President Omar Hassan al-Bashir on genocide charges when he visits the country later this week.

The ICC said on Tuesday it had asked Kenya to report, no later than October 29, any issue which would prevent Bashir’s arrest should he visit the country on October 30 for an Inter-Governmental Authority for Development summit.

The Hague-based court has issued two warrants for Bashir, one dating from March 2009 on five counts of crimes against humanity and two counts of war crimes, and one issued in July 2010, on three counts of genocide.

The United Nations estimates 300,000 people have died in the humanitarian crisis resulting from a counter-insurgency campaign in Sudan’s Darfur region led by Bashir.

Bashir denies the charges, saying they are part of a Western conspiracy.

Relations between Sudan and Western nations which support the ICC have been strained since the first warrant for Bashir was issued. The African Union has told its members not to cooperate with the ICC over Bashir.

Bashir’s movements have been restricted to nearby Middle Eastern and African allies and he was forced to cancel a visit to Turkey last year after EU pressure on Ankara.

ICC judges reported Kenya, which is a member of the court, to the U.N. Security Council because Kenya did not arrest Bashir in August when he attended the signing of a new Kenyan constitution.

His visit to Kenya was his second to a full African member of the ICC and a media coup for Bashir. He travelled to Chad in July. The ICC has no police force and relies on member states to enforce its arrest warrants.


source: Reuters


Discuss
REUTERS/Thomas Mukoya
REUTERS/Thomas Mukoya

 

Congo’s Former VP Bemba War Crimes Trial Gets Go Ahead

by Selah Hennessy | London on 25 Oct 2010 | Comments


The International Criminal Court has agreed to pursue the war crimes trial of Congo’s former Vice-President Jean-Pierre Bemba. 

Fadi El Abdallah is an officer at the International Criminal Court. “The outcome of today’s judgment is that the case against Mr. Bemba is admissible indeed, and the trial can continue,” he said.

Bemba was formerly vice president of the Democratic Republic of Congo.  He is charged with war crimes and crimes against humanity for his alleged role in atrocities carried out in the neighboring Central African Republic in 2002 and 2003.

He is accused of leading militias that raped and murdered civilians.

Bemba’s defense tried to get the trial thrown out of court because, his lawyers argued, he has already been investigated in the Central African Republic.  They said he could not be tried for the same crime twice, but the International Criminal Court said the Central African Republic investigation did not prohibit the ICC trial.

Kolawole Olaniyan is from the Britain-based human-rights group Amnesty International.  “This is good news for international justice,” Olaniyan says, “This is good news for the countless victims of war crimes, crimes against humanity allegedly committed by Bemba.  This decision also shows that the ICC has the ability to go after the so-called big fish.”

Bemba’s trial has already been put on hold three times.  But the decision paves the way for the court to set a date for the trial to begin. 

Olaniyan says it is important the trial progresses swiftly.  He said others involved in atrocities in the Central African Republic should also be investigated by the court. “It is absolutely important for the ICC to ensure the proper investigation and if there is any evidence to prosecute others that may have supported him or worked with him in the commission of these offenses that we are talking about,” Olaniyan adds.

Bemba has been charged with two counts of crimes against humanity and three counts of war crimes.  The International Criminal Court opened in The Hague in 2002.  It has since launched cases related to conflicts in the Democratic Republic of Congo, Sudan, Uganda, and the Central African Republic.

source: Voice of America


Discuss
Jean-Pierre Bemba is seen in court at the International Criminal Court in The Hague, Netherlands.  Photo: AP
Jean-Pierre Bemba is seen in court at the International Criminal Court in The Hague, Netherlands. Photo: AP

 

Keep Bashir from Igad talks, Kibaki and Raila urged

by DOMINIC WABALA on 25 Oct 2010 | Comments


Human rights and civil society groups have protested over an invitation of indicted Sudanese President Omar al-Bashir to Kenya, saying it negates the country’s commitment to the International Criminal Court.

More than 20 lobby groups have petitioned President Kibaki and Prime Minister Raila Odinga not to allow Mr al-Bashir to attend the Intergovernmental Authority on Development (Igad) meeting in Kenya.

President al-Bashir is sought by the ICC on charges of crimes against humanity committed in Darfur. His visit to Kenya during the promulgation of the new Constitution in August sparked global condemnation.

The civic society organisations, among them the International Commission of Jurists, the Human Rights Watch and the International Centre for Transitional Justice, insist the decision to invite al-Bashir also contravenes Kenya’s laws vide the International Crimes Act and the Constitution (under section 2(6)).

“We are seriously concerned over reports of a possible return visit to Kenya by Sudanese President Omar al-Bashir, for an Igad meeting to deliberate on the January referendum on Southern Sudan in late October or November,” the joint statement by 23 African civil rights organisations.

Fight against impunity

The organisations say that although Kenya and her neighbours may have genuine concerns about regional stability in the lead up to the Sudan referendum, it is imperative they are committed to justice for serious crimes and should not undermine the fight against impunity.

“A visit by al-Bashir would run counter to Kenya’s commitment to the ICC. It would also send damaging signals to victims of mass atrocity in Darfur and undermine Kenya’s credibility on issues of justice,” the statement said.

source: The Daily Nation


Discuss
Photo | STEPHEN MUDIARI
Photo | STEPHEN MUDIARI

 

Europe Tested as War Crimes Suspect Remains Free

by DAN BILEFSKY and DOREEN CARVAJAL on 24 Oct 2010 | Comments


BELGRADE — After 15 years on the run — sometimes in plain sight at soccer matches and weddings and sometimes deep in the fabric of this secretive city — Europe’s most wanted war-crimes suspect, Ratko Mladic, is being hidden by no more than a handful of loyalists, most probably in a neighborhood of Communist-era housing towers, according to investigators and some of his past associates.


The diminished circumstances of the former Bosnian Serb general, who once was protected by scores of allies and Serbian government officials, make him ripe for capture, according to these people. But a softening by several European countries on whether his arrest should be a prerequisite for Serbia’s admission to the European Union is raising questions about whether he will ever face justice.

These developments make this a seminal moment not only in the search for Mr. Mladic but also in Europe’s often agonized deliberations over how much to encourage the manhunt in the face of deeply conflicting priorities. In the name of unity and stability, should Europe put a premium on rehabilitating a battered country that became a pariah state in the Balkan wars of the 1990’s?

Or in the name of its human rights tradition, should Europe first require a friendly Serbian government to make the politically difficult arrest of a man blamed for the worst ethnically motivated mass murder on the Continent since World War II? That involved the massacre of about 8,000 Muslim men and boys from the Bosnian town of Srebrenica, an enclave under the failed protection of United Nations peacekeepers from the Netherlands.

An investigation into Mr. Mladic’s whereabouts, how he has eluded capture, and Europe’s shifting response to him paints a picture of a man of obstinate will and bravado, slowly and haltingly being drawn into a shrinking world of shadows. Over the years, as European pressure for an arrest intensified and then retreated, he received vital, little known, assistance from Serbian military forces and several of the country’s past governments.

By all accounts, one of the most effective points of pressure was withholding consideration of E.U. membership until Serbia produced Mr. Mladic.

But as Europe has struggled with the dilemma, time seems to have played its hand. The vividness of the wartime horrors has receded outside the Balkans. Mr. Mladic has gotten older, and, according to many people, sicker and more isolated, probably moving from nondescript apartment to nondescript apartment in New Belgrade, a sprawling extension of Belgrade across the Sava River.

The two-year-old government of Boris Tadic has been overtly pro-Western and has vowed to apprehend Mr. Mladic, even though he has defied arrest for more than two years after his fellow fugitive, the former Bosnian strongman Radovan Karadzic, was brought in.

Given all of this, there are strong indications that when European foreign ministers meet in Luxembourg next Monday, the balance could tip away from requiring an immediate arrest and that an E.U. admission process that would take several years could start.

“Your future is the European Union and that future must accrue as soon as possible,” the Greek prime minister, George Papandreou, said in Belgrade this month, a comment representative of others made in Belgrade over the past month, by officials from France, Germany, Belgium and other E.U. members. Secretary of State Hillary Rodham Clinton also visited and offered encouragement to the government.

But some senior European officials and human rights groups are unrelenting in believing that a compromise over Mr. Mladic would undermine international law and amount to a moral failure.

“The arrest should be a number one priority,” Serge Brammertz, the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia in The Hague, said in an interview.

At a commemoration of the massacre this summer, he was one of many speakers to urge a quick capture. “I said in Srebrenica at the summer memorial that this was the most emotional moment for me in my three years with the tribunal,” Mr. Brammertz recalled. “I could see that for all of the survivors and relatives, Srebrenica is not an event from the past, but something dominating their life, not only today but for tomorrow. And the number one priority for the victims is to see Mladic in the Hague.”

Although the European Union halted accession talks in 2006 when Serbia failed to arrest Mr. Mladic, Dutch diplomats say they are now the lone holdouts for an arrest as a prerequisite for resuming the discussions. They are hoping to forestall action until December, when Mr. Brammertz issues his annual report evaluating Serbia’s effort in the manhunt. In the last few days, to the consternation of some E.U. officials, he has called for more aggressiveness.

Mariko Peters, a Green member in the Dutch Parliament, which passed a resolution this month seeking to delay a decision, acknowledged, “Our Dutch position has become more isolated.”

“Many nations are weighing Mladic’s capture as just one of many factors — stabilization of the Balkans, the Kosovo issue, upcoming Serbian elections and the need to give rewards to democratic forces that are weak,” she said.

Mr. Tadic, the Serbian president, has been adamant that he is dedicated to a capture. In response to written questions, he wrote, “This government of Serbia is doing absolutely everything in its power to locate and arrest him.”

Given history, many analysts in Serbia and beyond remain skeptical.

“It’s easy to hide successfully when nobody wants to find you,” said a key protector of Mr. Mladic’s fellow fugitive, Mr. Karadzic, offering a wry smile.

Out in the open

Mr. Mladic, who commanded Bosnian Serb forces, has proved a wily foe — tough, resourceful and abetted by military-trained protectors, according to more than two dozen sources, including government investigators, two loyalists who aided him and Mr. Karadzic, and five family friends, including the family priest.

A tall, burly man of 68 with a ruddy face and sharp blue eyes, Mr. Mladic was born in a remote Bosnian Serb village, Bozanovici. He was shaped by poverty and the killing of his partisan father by soldiers of the Nazi puppet state in Croatia. His rise in the Yugoslav Army was swift.

In 1992, one month after a Bosnian majority voted to secede from Yugoslavia, Mr. Mladic’s forces launched the three-and-a-half-year siege of Sarajevo, killing 10,000 people, including 3,500 children. In July 1995, the Srebrenica men and boys were led to killing fields where they were shot with hands bound. The Bosnian war ended five months later.

That year, an international court in The Hague indicted Mr. Mladic twice, for war crimes in the Sarajevo siege and for genocide in the Srebrenica massacre. He became a fugitive at a time when 60,000 NATO troops were on the ground, raising questions about why he was not seized. American and European diplomats say a consensus prevailed that no country wanted to spill its soldiers’ blood in a battle with Mr. Mladic’s armed protectors — which has left Serbian governments asking why they should risk the same.

Mr. Mladic certainly did not lie low for many years. Protected by Serbia’s nationalist president, Slobodan Milosevic, he visited for several years the grave of his daughter, Ana, who committed suicide with his favorite pistol in 1994. He enjoyed a Chinese-Yugoslav soccer match surrounded by bodyguards at a Belgrade stadium in 2000. His framed photograph hung in bars like the Crazy House in New Belgrade. He prayed at his brother’s funeral in 2001 in a jogging suit and sunglasses with a young woman on his arm, according to the family priest, Vojislav Carkic, who said local men blocked off the cemetery road.

One protector — a Serbian military officer who was later arrested — recalled that Mr. Mladic lived fairly openly in a house guarded by a private 52-man security detail with four cars. Last year, a former Mladic bodyguard, Branislav Puhalo, testified that the unit was established in 1997 on Mr. Milosevic’s orders.

For Mr. Mladic, this was the easiest time.

Doubts grow about manhunt

After 13 calamitous years, Mr. Milosevic was ousted in October 2000 after a popular uprising.

In 2001, a new government, threatened with the loss of American aid and World Bank loans, arrested him on genocide charges and sent him to The Hague.

Mr. Mladic pulled back from public view and began to move among military barracks, according to friends, who said they would visit him to play table tennis or chess. As he did, the myth of his fugitive cunning only grew. In 2002, the government signed a cooperation agreement with the war crimes tribunal in The Hague. It eventually asked him to leave the Topcider barracks in Dedinje, an exclusive Belgrade district where he was hiding. According to Vladimir Vukcevic, Serbia’s war crimes prosecutor, he simply refused.

The Topcider barracks, built in the 1960s under the dictator Josip Broz Tito, was an ideal hiding place, as it concealed an underground city carved into a hill. Mr. Milosevic is believed to have hidden behind its thick, reinforced concrete walls during the NATO bombing of 1999.

The military authorities tried to smoke Mr. Mladic out by summoning a police helicopter to hover over the barracks, dropping a decoy rope ladder to pretend a raid was imminent. But that did little more than provoke Mr. Mladic to speed away, a level further into Belgrade.

Investigators say that they chose not to attempt an arrest out of fear of a violent shoot-out with Mr. Mladic’s ardent military supporters. This, along with other subsequent failures to make an arrest, intensified doubts about whether the manhunt was genuine.

At one point, a former protector said, 50 bodyguards formed a human shield when investigators showed up at one of the safe houses Mr. Mladic began to use, and he fashioned another escape.

There were other near showdowns. In March 2003, the Serbian prime minister, Zoran Djindjic, pledged to arrest him to pave the way for E.U. admission. Days later, a sniper killed Mr. Djindjic.

‘Snitch culture’ aids movement

When their network was vibrant, Mladic loyalists would meet routinely in four crowded public lobbies in Belgrade — summoned by the code, “waiting room,” according to a former protector who is now on trial in Belgrade with more than a dozen others for helping Mr. Mladic. All were brought in at a time of intense Western pressure.

As the former protector described the process as it worked in 2006, they discarded mobile telephones and SIM cards 4 kilometers, or 2.5 miles, from their gatherings in crowded places where they could easily blend in. Meeting face to face, they hardly spoke, discussing protection logistics by exchanging written messages that they burned.

Mr. Mladic’s pursuers came from two agencies, one military and another that reported to senior government officials, and sometimes they clashed. According to an agent involved, military intelligence labeled one of its actions “Operation Network.” Mr. Mladic was referred to as “The Host.”

A former member of the government’s surveillance operation — who described with precision the monitoring of Mr. Mladic and Mr. Karadzic — said investigators knew the fugitives’ hiding places until February 2008, five months before the Tadic government took over and Mr. Karadzic was apprehended. Until then, the official said, the surveillance team did not receive an order to make an arrest.

The former investigator said teams stalked both men outside their apartments and followed their helpers on grocery trips. Until his arrest on genocide charges in 2007, they said, the mastermind of the network that shielded Mr. Mladic was Zdravko Tolimir, a former general and an assistant commander of intelligence in the Bosnian Serb Army who is now on trial in The Hague.

The investigators received technical help from the United States and other countries, but those forces have dwindled. And even when at full strength, according to Mr. Mladic’s protectors and investigators, they faced an insidious force that often undid their efforts — an elaborate “snitch culture” in which officials in military and state intelligence regularly tipped off Mladic operatives.

Perhaps with such insight, Mr. Mladic visited his dying mother’s bedside in 2003, Father Carkic, the family priest, related, and then vanished before investigators arrived. His mother’s marble tomb, located in a verdant Bosnian cemetery, is inscribed: Provided by Ratko Mladic.

Pressure and concessions

Mr. Mladic’s support from Serbian governments ebbed and flowed, shaped by national politics and the West’s inconsistent pressure.

But on many occasions, his protection reached to the political elite, investigators say. Mr. Vukcevic, the prosecutor, said that Vojislav Kostunica, prime minister from 2004 to 2008, pressured him to try those accused of war crimes in Serbia, to shield them from the potentially harsher justice of The Hague.

When he refused, he said, Mr. Kostunica tried to oust him, but was blocked by the West, particularly the United States. Mr. Kostunica has vigorously denied in the Serbian media that he knew the whereabouts of Mr. Mladic or Mr. Karadzic or obstructed the search.

Still, Western officials detected a long-running pattern: Whenever pressure increased, the Serbs made limited concessions. When pressure receded, efforts evaporated. The authorities staged raids targeting Mr. Mladic and Mr. Karadzic through the first half of 2008, for example. But in interviews, Serbian investigators and protectors of the two men said members of Serbian state intelligence services were simultaneously watching Mr. Mladic and Mr. Karadzic in their true hiding place, far from the drama.

“This game has been going on now for five to six years,” a Western diplomat said. “They are either waiting for him to die — a stroke or kidney problems — or hoping to get into the European Union without doing anything.”

‘Very disciplined’ fugitive

The government’s boldest move took place in 2006. In raids on homes and hangouts, the government arrested more than a dozen protectors, culminating in the arrest a year later of the network’s supposed organizer, Mr. Tolimir, the former Bosnian Serb general. The actions severely damaged the network, but there is a belief that they, too, actually worked to help Mr. Mladic.

To Mr. Vukcevic, the Serbian prosecutor, the arrest of a key protector, whom he identified as Stanko Ristic, was devastating. “It sent a message to Mladic to run away and hide,” Mr. Vukcevic said. “It was catastrophic.”

After the arrests, one investigator, who said he monitored Mr. Mladic through 2008 outside his apartments, described a fugitive still at large, but in a smaller way, reduced to an ascetic existence in the large, gray towers of New Belgrade, where he could disappear like a ghost.

Mr. Mladic “was very disciplined,” the investigator recalled. “He stayed in his apartment and food and supplies were brought to him. He lived in tall buildings with 40 other apartments in New Belgrade where there are only 54 police officers for 70,000 people. He was never seen leaving the apartment even to go to the park. It was like he was under house arrest.”

Investigators and friends of Mr. Mladic say his network is now likely down to one or two people — deeply loyal associates, with probable links to the former Yugoslav Army — who aid him in a way roughly parallel to what a former protector says was the way Mr. Karadzic was helped.

One of his allies described how Mr. Karadzic shifted among a collection of 12 apartments in New Belgrade once every five months and survived monthly on €200, or about $280, for groceries. Protectors delivered newspapers, bread, even fresh salmon. Funds came from former associates, say friends.

But Mr. Mladic’s life is likely harder. Mr. Karadzic disguised himself as a New Age guru with a bushy beard and circulated in public. Mr. Mladic’s friends said he has refused an elaborate disguise, preferring an underground existence, and that he may be sick.

In a raid in March 2009 on the Bosnian home of Dusan Todic, a former military associate of Mr. Mladic, European Union troops found evidence that Mr. Mladic had used Mr. Todic’s military medical identification to seek care in Serbia.

Is he alive, or dead?

The Serbian authorities, pressed by Western countries since Mr. Karadzic’s arrest in 2008, have clearly been intensifying pressure on Mr. Mladic’s family.

His wife, Bosiljka, whose nervous tick has intensified under constant surveillance, was detained in June and questioned for possessing unregistered weapons that the authorities knew about for years, according to Milos Saljic, the family’s lawyer. Darko, Mr. Mladic’s son, is routinely searched at airports and his computer business clients have been pressured to break contracts, Mr. Saljic added. Darko’s wife, Biljana, was recently fired from a position at the state telecommunications company.

“They want to destroy the family,” Mr. Saljic said, noting that relatives sought a court order to declare him dead to relieve pressure. Prosecutors say the family was really trying to recover assets, including a $50,000 pension, frozen by the state.

Yet some friends insist that Mr. Mladic is indeed dead, having committed suicide to foil the manhunt, or that he will choose to take his life if he cannot thwart an attempted arrest.

The Serbian authorities say that regardless of how the European Union treats Belgrade’s application, they will press for an arrest. “Serbia will bring its international obligations to completion,” Mr. Tadic, the president, wrote in response to written questions.

On a recent, misty, gray afternoon in Srebrenica, rows of marble tombstones were mixed with freshly turned red dirt.

The remains of victims — heads, arms, legs, scattered and concealed by Bosnian Serbian forces — are still being discovered 15 years after the killings.


source: New York Times


Discuss
Andrew Testa for The New York Times
Andrew Testa for The New York Times

 

Uganda: War-Era Guns Linked to Recent Murders

by Bill Oketch is an IWPR-trained journalist. on 22 Oct 2010 | Comments


With many weapons from 20-year civil war still in circulation, police fear wave of killings could continue.

A spate of gun crime in Lira district has been blamed by police on the wide availability of weaponry left over from Uganda’s civil war.

At the beginning of October, a 60-year-old woman was gunned down over a land dispute in Alito sub-county in Kole district, near the town of Lira. A week earlier, a woman was shot and killed in Barr sub-county, to the east of Lira, also because of a disagreement about land.

At around the same time, two people were shot and killed in Chawente in the neighbouring district of Apac. The police blamed a gang that has been looting and terrorising residents in the area.

Richard Aruk Maruk, Lira’s district police chief, told IWPR that the presence of illegal guns, many a legacy of the conflict, is fuelling the violence.

The regional police spokesman, Henry Alyanga, said that in all the recent murder cases the suspects had been arrested and remanded in custody, but warned the prevalence of unlicenced firearms in the region means that more killings are likely.

From 1986 to 2006, northern Uganda endured a bloody insurgency by the Lord’s Resistance Army, LRA, in which an estimated 100,000 people were killed and nearly two million displaced.

Alyanga claimed that during the conflict, local leaders and those willing to join government forces – most notably paramilitaries such as the Amuka of northern Uganda and the so-called Arrow Boys of north-eastern Uganda – were given arms to protect civilians against LRA raids.

After the war, however, many failed to hand their weapons back, he said.

“People were screened before they got the arms, but some who managed to get through the screening included troublemakers who simply disappeared with the weapons,” Alyanga explained. “They now use the guns in their possession to commit murder. Even those who returned the guns still know where to get such firearms if they want to.”

Musa Ecwero, the minister for disaster preparedness and refugees, accepts that some of those who received weapons have retained them, but says new disarmament efforts are under way.

Christopher Ameny, a cleric in the Aboke archdiocese in Apac district, says former LRA soldiers also provide a source of illegal weapons.

In 2005, Ameny was appointed by the Uganda Joint Christian Council, UJCC, to educate communities about the misuse of firearms.

“During the implementation of the project, we discovered that there are still lots of illegal arms in the region,” Ameny said. “Many of these were in the hands of former LRA fighters. As former fighters returned home, many buried their guns in case they needed them again. [They] even used coffins so that the arms are well-protected from rusting.”

The spate of killings has alarmed people in the region, whose memories of the LRA insurgency are still fresh.

“They have imitated the LRA style of operation against innocent civilians,” said Alfred Opong, a resident at Ojwii camp, outside Lira. “We pray every day to protect ourselves from these bad people who continue to haunt us.”

Some in northern Uganda are now calling for tighter gun controls. Under current laws, ordinary Ugandans can own small handguns only if they have a licence.

However, Charles Odur Kami, a bishop from Lango diocese, argued that there should be stricter rules over who was eligible to hold a licence. “If this was done, firearms would not be entrusted to wrongdoers,” he said.

Not everyone, though, agrees that tougher gun laws would be effective.

“Thugs have got their own tactics for acquiring arms, and it is very difficult to curtail this,” said Godfrey Aluma, resident district commissioner for Lira, adding that it was unlikely that many of the recent murders could have been prevented by tougher gun laws.

Police spokesman Alyanga says that the cause of most of the recent killings was conflict between family members, often over land or allegations of witchcraft.

“When the clan fails to resolve a problem, people take the law into their own hands and kill those that they believe to be behind the mess,” he said. “Of course, they use illegal arms in their possession.”

Alyanga added that, besides stepping up efforts to catch those suspected of possessing illegal weapons, regional police forces have also embarked on a programme to raise awareness among local communities of their rights and Ugandan law.

Lango bishop Kami also said that government policy must go beyond simply arresting and jailing gunmen, and actually try to address the root causes of the recent shootings. Otherwise, he said, “the killings of our people will not stop”.

source: Institute for War and Peace Reporting


Discuss
Vincent Otti, the late deputy leader of the Lords Resistance Army, whose weapons continue to circulate in northern Uganda, posing a threat to the local population. (Photo: Euan Denholm/IRIN)
Vincent Otti, the late deputy leader of the Lords Resistance Army, whose weapons continue to circulate in northern Uganda, posing a threat to the local population. (Photo: Euan Denholm/IRIN)

 

Kenyan law group to file motion before court seeking arrest of Sudan’s Bashir

by alejandro on 20 Oct 2010 | Comments


October 16, 2010 (WASHINGTON) – A Kenyan law group will soon seek court action to force the government to arrest the Sudanese president Omer Hassan Al-Bashir if he ends up attending the Intergovernmental Governmental Authority on Development (IGAD) summit on Sudan slated for late October.

Stella Ndirangu, Legal Officer for the Kenya chapter of the International Commission of Jurists (ICJ), told Sudan Tribune by phone from Nairobi that she is confident about the chances of the judge granting the group’s request and ordering the Kenyan government to apprehend the Sudanese leader.

Bashir is charged by the International Criminal Court (ICC) with genocide and war crimes allegedly committed in Sudan’s western Darfur region. The African Union (AU) persistently urged the United Nations Security Council (UNSC) to put the indictment on hold, warning that it could destabilize Africa’s biggest nation and endanger an upcoming referendum on southern independence.

He has already defied the warrant by paying a visit to Nairobi last August for the promulgation of the new constitution despite Kenya having a legal obligation to arrest him given the country’s ratification of the Rome Statute which is the founding treaty of the ICC.

Ndirangu stressed that under the International Crimes Act of 2008, which domesticated the Rome Statute, the government is obliged to take the Sudanese president into custody irrespective of his status as a head of state.

Section IV of the Act details the responsibility of the government in executing an arrest warrant received from the ICC.

Kenyan officials have said they are party to the AU resolutions which calls on states not to cooperate with Hague tribunal in arresting Bashir.

But the president of the Assembly of States Parties to the Rome Statute Christian Wenaweser told the Kenyan foreign minister Moses Wetangula during their meeting last month that the country’s obligation to cooperate with the ICC orders “could not legally be suspended by a decision of the African Union”.

“Only the Security Council could suspend the Court’s investigations in accordance with article 16 of the Rome Statute,” Wenaweser was quoted as saying.

The ICC judges had ordered the court’s registrar during Bashir’s visit to transmit Kenya’s non-compliance to the UNSC for action though nothing has ensued from the council.

Wetangula has said at the time that his country will not allow “anyone to make friends and enemies”.

However, the ICJ official predicted that the Kenyan top diplomat would be less outspoken and defiant on the issue as he was in the past given mounting calls by the parliament on him to resign in light of a damning report released recently that alleges irregularities in the purchase of a piece of land for the Kenyan Embassy in Tokyo.

She noted that it is Wetangula who would be the one to offer guarantees to Bashir that he won’t face arrest on Kenyan soil.

Ndirangu said that ICJ’s lawyers are sorting out several technical issues before proceeding to the Judges with their motion in the coming week.

Bashir’s visit in August caused a split in the Kenyan coalition government after several senior officials including the prime minister Raila Odinga voiced strong opposition to extending the invitation to the Sudanese president. Furthermore, the country came under heavy criticism internationally for what was described as a breach of its legal obligations.


source: Sudan Tribune


Discuss
Kenya Chief Justice Evans Gicheru
Kenya Chief Justice Evans Gicheru

 

Page 22 of 59 pages    « First  <  20 21 22 23 24 >  Last »