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  • 18
    Feb
    2013
    11:36am, EST

    Both sides in Syria commit war crimes including murder, torture, UN says

    Aamir Qureshi / AFP - Getty Images, file

    A Syrian woman hold her injured son in a taxi as they arrive at a hospital in Aleppo on Feb. 8.

    By Stephanie Nebehay, Reuters

    GENEVA -- A United Nations investigation has concluded that both sides in Syria's civil war have committed war crimes, including murder, torture and the use of children in battle, and investigators said Monday that Syrian leaders they had identified should face the International Criminal Court.

    The investigators urged the U.N. Security Council to "act urgently to ensure accountability" for the violations in the conflict, which has killed an estimated 70,000 people since a revolt against President Bashar Assad began in March 2011.

    "Now really it's time. … We have a permanent court, the International Criminal Court, who would be ready to take this case," Carla del Ponte, a former ICC chief prosecutor who joined the U.N. team in September, told a news briefing in Geneva.

    The inquiry, led by Brazilian Paulo Pinheiro, is tracing the chain of command to establish criminal responsibility.

    AP Photo / Syrian Observatory for Human Rights

    In this frame grab from amateur video taken Nov. 1 and provided by the Syrian Observatory for Human Rights, a man said to be a rebel gunman steps on a captured soldier in Saraqeb, northern Syria.

    "Of course we were able to identify high-level perpetrators," del Ponte said, adding that these were people "in command responsibility … deciding, organizing, planning and aiding and abetting the commission of crimes."

    She said it was urgent for the Hague-based war crimes tribunal to take up cases of very high officials but did not identify them, in line with the inquiry's practice.

    Del Ponte, who brought former Yugoslav President Slobodan Milosevic to the ICC on war crimes charges, said the ICC prosecutor would need to deepen the investigation on Syria before an indictment could be prepared.

    Pinheiro, noting that the Security Council would have to refer Syria's case to the ICC, said: "We are in very close dialogue with all the five permanent members and with all the members of the Security Council, but we don't have the key that will open the path to cooperation inside the Security Council."

    Karen Koning AbuZayd, an American member of the U.N. team, told Reuters it had information pointing to "people who have given instructions and are responsible for government policy, people who are in the leadership of the military, for example."

    The inquiry's third list of suspects, building on lists drawn up in the past year, remains secret. It will be handed over to U.N. High Commissioner for Human Rights Navi Pillay when its mandate expires at the end of March, the report said.

    Pinheiro said the investigators would not speak publicly about "numbers, names or levels" of suspects, adding that it was vital to pursue accountability for international crimes "to counter the pervasive sense of impunity" in Syria.

    'Mass killing'
    The investigators' latest report, covering the six months to mid-January, was based on 445 interviews conducted abroad with victims and witnesses, as they have not been allowed into Syria.

    Slideshow: Syria uprising

    A look back at the conflict that has overtaken the country.

    Launch slideshow

    "The ICC is the appropriate institution for the fight against impunity in Syria. As an established, broadly supported structure, it could immediately initiate investigations against authors of serious crimes in Syria," the 131-page report said.

    Pillay, a former ICC judge, said on Saturday that Assad should be probed for war crimes and called for outside action on Syria, including possible military intervention.

    Government forces have carried out shelling and air strikes across Syria including Aleppo, Damascus, Deraa, Homs and Idlib, the U.N. report said, citing corroborating satellite images.

    "In some incidents, such as in the assault on Harak, indiscriminate shelling was followed by ground operations during which government forces perpetrated mass killing," it said, referring to a town in the southern province of Deraa where residents told them that 500 civilians were killed in August.

    'A crime against humanity'
    "Government forces and affiliated militias have committed extra-judicial executions, breaching international human rights law. This conduct also constitutes the war crime of murder. Where murder was committed as part of a widespread or systematic attack against a civilian population, with knowledge of that attack, it is a crime against humanity," the U.N. report said.

    Those forces have targeted bakery queues and funeral processions to spread "terror among the civilian population."

    "Syrian armed forces have implemented a strategy that uses shelling and sniper fire to kill, maim, wound and terrorize the civilian inhabitants of areas that have fallen under anti-government armed group control," the report said.

    Government forces had used cluster bombs, it said, but it found no credible evidence of either side using chemical weapons.

    Rebels fighting to topple Assad have committed war crimes including murder, torture, hostage-taking and using children under age 15 in hostilities, the U.N. report said.

    "They continue to endanger the civilian population by positioning military objectives inside civilian areas," and rebel snipers had caused "considerable civilian casualties," it said.

    "The violations and abuses committed by anti-government armed groups did not, however, reach the intensity and scale of those committed by government forces and affiliated militia."

    Related:

    'Full-on crisis': 5,000 refugees flee Syria daily, UN says

    After almost 2 years, Assad allows UN aid into rebel-held areas

     

    Copyright 2013 Thomson Reuters. Click for restrictions.

    70 comments

    Really, I thought only the Syrian government was able to commit atrocities. According to our american media, anyway.

    Show more
    Explore related topics: syria, war-crimes, rebels, united-nations, international-criminal-court, civil-war, assad, featured, hague
  • 18
    Mar
    2012
    3:28am, EDT

    Libya, France, International Criminal Court all want a piece of Gadhafi henchman Senussi

    Paul Hackett / Reuters

    Abdullah Al-Senussi, head of the Libyan Intelligence Service speaks to the media in Tripoli on Aug. 21, 2011.

    By msnbc.com staff and news services

    The arrest of Moammar Gadhafi's ex-spy chief, Abdullah al-Senussi, in Mauritania has set off a three-way tussle for his extradition.

    Libya has formally requested that Mauritania hand over Senussi, who arrived there Saturday on an overnight flight.

    But Senussi, who for decades before the late dictator's fall inspired fear and hatred in ordinary Libyans, also is sought by the Hague-based International Criminal Court on charges of crimes against humanity during last year's conflict.


    And France -- confirming it played a role in his arrest -- stressed his alleged role in the 1989 bombing of an airliner over Niger in which 54 French nationals died.

    "Today we confirm the news of the arrest of Abdullah al-Senussi," Libyan government spokesman Nasser al-Manee told a news conference in Tripoli.

    "He was arrested this morning in Nouakchott airport and there was a young man with him. We think it is his son," he said, confirming a Mauritanian state news agency report that Senussi had been arrested with a false Malian passport arriving from Casablanca, Morocco.

    France, which led Western backing for the popular uprising that toppled Gaddafi, said it had cooperated with Mauritanian authorities over the arrest and that it would be sending an arrest warrant to Mauritania.

    A statement from President Nicolas Sarkozy's office noted Senussi had been sentenced in absentia for the 1989 bombing of a UTA airliner, in which 170 people were killed. Families of the victims immediately demanded he face justice in France.

    An ICC spokesman said an ICC arrest warrant for Senussi also remained valid and requested that it be implemented.

    But Libya's National Transitional Council was adamant.

    "We insist that Senussi is extradited to Libya," NTC spokesman Mohammed al-Harizy said. "There are demands from the ICC and France to get Senussi, but the priority is to deliver Senussi to Libya."

    While Mauritania is not a signatory to the Rome Statute governing the ICC, rights groups Human Rights Watch and Amnesty International both said Mauritania was bound by the U.N. Security Council to fully cooperate with the ICC.

    Hassiba Hadj Sahraoui, Amnesty International Deputy Director for the Middle East and North Africa, said in a statement that the Libyan justice system in any case "remains weak and unable to conduct effective investigations into alleged crimes."

    Britain, along with France one of the key Western backers of the insurgency, also cited the need for Mauritania to cooperate with the ICC in a statement attributed to Foreign Secretary William Hague.

    Msnbc.com staff contributed to this report from Reuters.

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    17 comments

    Seems pretty straightforward: deliver him to the ICC, and invite observers from France and Libya, and have the ICC keep in mind the French sentence as they try him.

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    Explore related topics: libya, international-criminal-court, mauritania, featured, gadhafi, senussi

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