Blog: Press Releases

June 17, 2016

Case Against Former Bolivian President for Role in 2003 Massacre Cleared to Move Forward


PRESS RELEASE


Human Rights Case Against Former Bolivian President for Role in 2003 Massacre Cleared to Move Forward

Court of Appeals Rejects Defendants’ Attempt to Have Case Dismissed

 

Miami, FL –More than 12 years after government-planned massacres in Bolivia killed 58 unarmed civilians, the Eleventh Circuit Court of Appeals yesterday rejected an effort to scuttle a lawsuit against the former President of Bolivia and his Minister of Defense, both of whom are currently living in the United States. Instead, the appellate court sent the case back to the district court with a mandate to proceed to discovery.

In Mamani v. Sánchez de Lozada and Sánchez Berzain, the families of eight Bolivians killed in the massacres filed suit against the former Bolivian president, Gonzalo Sánchez de Lozada, and his former Bolivian defense minister, José Carlos Sánchez Berzaín, charging they ordered extrajudicial killings. The lawsuit alleges that, months in advance of the violence, the two defendants devised a plan to kill thousands of civilians, and that they intentionally used deadly force against political protests in an effort to quash political opposition. In addition to the deaths, more than 400 civilians were injured when security forces fired on unarmed civilians.

In today’s unanimous decision, the appeals court held that a federal statute, the Torture Victim Protection Act (TVPA), permits plaintiffs to sue in U.S. court for extrajudicial killing after they have exhausted the remedies available in their home country. Continue Reading…

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June 9, 2016

Joint Statement: Five Years of War- A Call for Peace, Justice and Accountability in Myanmar

Today marks the grim five-year anniversary of the resumption of armed conflict in Myanmar’s Kachin State. This conflict, between the Myanmar military and the Kachin Independence Army, has displaced more than 100,000 civilians. Organizations at the local and international level have also documented severe human rights violations perpetrated by the Myanmar military, including extrajudicial killings, torture, rape and sexual violence and forced labor.

The International Human Rights Clinic today joins 129 other organizations in calling for peace, justice and accountability in Kachin State.

“Joint Statement: Five Years of War- A Call for Peace, Justice and Accountability in Kachin State”

(June 9, 2016)— Although much of the world has expressed excitement over Myanmar’s political transition, communities throughout Kachin and northern Shan states have been living with severe human rights abuses and displacement for the last five years.

Since 2011, renewed armed conflict between the Myanmar military and the Kachin Independence Army (KIA) has displaced more than 100,000 civilians. Continue Reading…

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April 14, 2016

Myanmar: Investigate Use of Excessive Force Against Letpadan Protesters


Press release


Myanmar: Investigate Use of Excessive Force Against Letpadan Protesters

Hold perpetrators accountable, amend peaceful assembly law


(Yangon, April 14, 2016)—While welcoming the Government of Myanmar’s recent release of political prisoners, Fortify Rights and the Harvard Law School International Human Rights Clinic urged authorities today to open a formal investigation into the violent police crackdown against protesters in March 2015 in Letpadan.

The Letpadan protesters were among nearly 200 political prisoners that the recently elected Government of Myanmar—led by the National League for Democracy (NLD)—either pardoned or dropped charges against on April 8. State Counsellor Aung San Suu Kyi announced on her second day in office a plan to free political prisoners, activists, and students in the weeks surrounding the Buddhist New Year holiday. According to human rights groups, more than 100 political prisoners remain behind bars.

“After spending more than a year in prison for exercising their right to freedom of peaceful assembly and expression, the Letpadan protesters are finally free,” said Matthew Smith, Executive Director of Fortify Rights. “Their courage and tenacity is an example to human rights defenders across the world. We commend the government for prioritizing their release and urge the authorities to take swift action to hold perpetrators accountable.”

In October 2015, Fortify Rights and the Clinic at Harvard Law School published an 81-page report documenting how Myanmar police officers punched, kicked, and beat unarmed protesters with batons on their heads, backs, and legs at Letpadan on March 10, 2015. Hundreds of photographs and dozens of videos from journalists and other witnesses show police officers beating unarmed protesters. Still, more than a year later, the authorities have failed to hold anyone responsible for the use of excessive force.

In January 2016, the All Burma Federation of Student Unions (ABFSU), the Letpadan Justice Committee, and Justice Trust released a briefing paper detailing how Myanmar authorities repeatedly delayed the trials of students arrested at Letpadan and denied them access to adequate medical treatment while in prison.

In addition to investigating the abuses, Fortify Rights and the Clinic at Harvard Law School called for the government to hold police officers responsible for using excessive force against protesters. The government should investigate commanders and officials who gave orders to use excessive force or failed to take reasonable measures to prevent such conduct.

“Releasing these protesters and dropping the charges against them is a positive and historic step,” said Tyler Giannini, Director of the Clinic at Harvard Law School. “We look forward to the government upholding its promise to follow the rule of law by investigating and holding perpetrators to account.”

The October 2015 report makes clear that not all police officers at the scene in March 2015 participated in violence. Some police officers used riot shields or their own bodies to protect protesters from attack by other police officers, providing further evidence of the unjustified use of force by some officers. Fortify Rights and the Clinic urged the authorities to highlight commendable police action in any investigation.

The protests in Letpadan stemmed from the September 2014 passage of the National Education Law, which critics said failed to protect the right to form unions and failed to accommodate ethnic communities, among other alleged shortcomings. Protesters in Myanmar took to the streets in January 2015 and continued to march in various locations throughout the country over the next several months.

Many of the Letpadan protesters faced charges under the Peaceful Assembly and Peaceful Procession Law, which requires prior authorization or consent for assemblies and provides penalties of fines and imprisonment for failure to comply, infringing on the rights to freedom of peaceful assembly and expression. Fortify Rights and the Clinic at Harvard Law School encourage the NLD Government to repeal or amend the Peaceful Assembly and Peaceful Procession Law to bring it in line with international standards and to prevent it from being used to target human rights defenders.

For more information, please contact:

Matthew Smith, Executive Director, Fortify Rights +1.202.503.8032,
matthew.smith@fortifyrights.org; Twitter: @matthewfsmith @FortifyRights, www.fortifyrights.org

Tyler Giannini, Director, Harvard Law School International Human Rights Clinic: +1-617-496-7368,
giannini@law.harvard.edu; Twitter: @HmnRghtsProgram

November 10, 2015

Clinic and HRW: Ramp up Action to Ban Killer Robots

PRESS RELEASE


Ramp Up Action to Ban Killer Robots
Blinding Lasers Prohibition Offers Precedent

 

(Geneva, November 9, 2015) – Governments should agree to expand and formalize their international deliberations on fully autonomous weapons, with the ultimate aim of preemptively banning them, Human Rights Watch and the International Human Rights Clinic at Harvard Law School said in a joint report released today. These weapons, also known as lethal autonomous weapons systems or killer robots, would be able to select and attack targets without further human intervention.

The 18-page report, “Precedent for Preemption,” details why countries agreed to preemptively ban blinding laser weapons in 1995 and says that the process could be a model for current efforts to prohibit fully autonomous weapons. Countries participating in the annual meeting of the Convention on Conventional Weapons (CCW) will decide by consensus on November 13, 2015, whether to continue their deliberations on lethal autonomous weapons systems next year.

“Concerns over fully autonomous weapons have pushed them to the top of the international disarmament agenda, but countries need to pick up the pace of discussions,” said Bonnie Docherty, senior clinical instructor at Harvard Law School, and senior Arms Division researcher at Human Rights Watch, which is a co-founder of the Campaign to Stop Killer Robots. “Governments can take direct action now with commitments to ban weapons with no meaningful human control over whom to target and when to attack.”

The second Convention on Conventional Weapons informal meeting of experts on lethal autonomous weapons systems at the UN in Geneva in April 2015. © 2015 United Nations Office at Geneva

The second Convention on Conventional Weapons informal meeting of experts on lethal autonomous weapons systems at the UN in Geneva in April 2015. © 2015 United Nations Office at Geneva

The report calls on countries to initiate a more robust process through creation of a group of governmental experts on fully autonomous weapons under the CCW.

Artificial intelligence experts, roboticists, and other scientists predict that fully autonomous weapons could be developed within years, not decades. The preemptive ban on blinding lasers, which is in a protocol attached to the conventional weapons treaty, shows that a prohibition on future weapons is possible.

“The prospect of fully autonomous weapons raises many of the same concerns as blinding lasers did two decades ago,” said Docherty, lead author of the new report exploring the history of the prohibition on lasers that would permanently blind their victims. “Countries should adopt the same solution by banning fully autonomous weapons before they reach the battlefield.”

The report shows that threats to the principles of humanity and dictates of public conscience, as well as notions of abhorrence and social unacceptability, helped drive countries to ban blinding lasers. Fully autonomous weapons present similar dangers.

Countries were further motivated by the risk of widespread proliferation of blinding lasers to parties that have little regard for international law, a risk echoed in discussions of fully autonomous weapons, Human Rights Watch and the Harvard Law School clinic said. As with blinding lasers 20 years ago, a ban on fully autonomous weapons could clarify and strengthen existing law without limiting the development of related legitimate technology.

The groups acknowledged notable differences in the specific legal problems and technological character of the two weapons but found that those differences make banning fully autonomous weapons even more critical.

In other publications, the Clinic and Human Rights Watch have elaborated on the challenges that fully autonomous weapons would face in complying with international humanitarian law and international human rights law and analyzed the lack of accountability that would exist for the unlawful harm caused by such weapons.

Several of the 121 countries that have joined the CCW – including the United States, United Kingdom, China, Israel, Russia, and South Korea – are developing weapons systems with various degrees of autonomy and lethality. The countries party to the treaty held nine days of informal talks on lethal autonomous weapons systems in 2014 and 2015, but they should now ramp up their deliberations, Human Rights Watch and the Harvard clinic said.

Docherty and Steve Goose, director of the arms division at Human Rights Watch, will present the report at a side event briefing at 2 p.m. on November 9 in Conference Room XI at the United Nations in Geneva. At the end of the week, Goose will assess the meeting’s decision on fully autonomous weapons, joined by other Campaign to Stop Killer Robots representatives, at a side event briefing at 1 p.m. on November 13 in Conference Room XI.

Precedent for Preemption: The Ban on Blinding Lasers as a Model for a Killer Robots Prohibition” is available at:
www.hrw.org/node/283112/

NOTE: Mana Azarmi, JD ’16, Federica du Pasquier, MA ’16, and Marium Khawaja, LLM ’16, contributed research to this report.

For more Human Rights Watch reporting on fully autonomous weapons, please visit:
http://www.hrw.org/topic/arms/killer-robots

For more information on the Campaign to Stop Killer Robots, please visit:
www.stopkillerrobots.org

For more information, please contact:
In Geneva, Bonnie Docherty (English): +1-617-669-1636 (mobile); or bdocherty@law.harvard.edu

 

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November 6, 2015

Clinic and HRW Urge Strengthening of International Law Governing Incendiary Weapons

PRESS RELEASE

 

Curb Use of Incendiary Weapons
Seize Diplomatic Opening to Strengthen International Law

 

(Washington, DC, November 5, 2015) – Countries should take concrete steps to strengthen international law governing incendiary weapons, the International Human Rights Clinic at Harvard Law School said in a joint report released today, ahead of a diplomatic meeting devoted to incendiary and other weapons that will be held in Geneva November 9-13, 2015.

The need is urgent in light of new reported uses of incendiary weapons, which cause excruciatingly painful burns that are difficult to treat and can lead to long-term psychological harm and severe disfigurement.

The joint report with Human Rights Watch, “From Condemnation to Concrete Action” provides a five-year review of developments related to incendiary weapons. It lays out evidence of recent use, including in Syria and Ukraine, as well as allegations of use in Libya and Yemen in 2015.  It also examines the evolution of countries’ policies and positions regarding the use of incendiary weapons.

“Countries have been voicing concerns and condemning use of incendiary weapons for five years, but it is time for more tangible progress,” said Bonnie Docherty, senior clinical instructor with the Clinic and senior arms researcher at Human Rights Watch. “Countries should seize the opportunities at upcoming diplomatic meetings to strengthen the law curbing the use of these exceptionally cruel weapons.”

A video posted to YouTube by activists from Quseir, Syria shows ZAB 2.5 incendiary submunitions burning in the playground of the Ghaleb Radi school following an airstrike on December 3, 2012. © 2012 Private

A video posted to YouTube by activists from Quseir, Syria shows ZAB 2.5 incendiary submunitions burning in the playground of the Ghaleb Radi school following an airstrike on December 3, 2012. © 2012 Private

A protocol to the Convention on Conventional Weapons, an international treaty, regulates the use of incendiary weapons. But it has significant loopholes that have undermined its effectiveness and failed to deter ongoing use, the report said.

At their annual meeting in Geneva next week, countries that are party to that treaty should agree to initiate discussions to review current law. Such discussions would lay the groundwork for efforts to amend the law at the 2016 review conference, a major diplomatic gathering held every five years.

The Clinic will present its findings at a side event at United Nations in Geneva 2 to 3 p.m., November 9, in Conference Room XI.

“From Condemnation to Concrete Action” is available at:
https://www.hrw.org/node/283031/

For more Human Rights Watch publications on incendiary weapons, please visit:
http://www.hrw.org/topic/arms/incendiary-weapons

For more information, please contact:
In Boston, Bonnie Docherty (English): +1-617-669-1636 (mobile); or bdocherty@law.harvard.edu

 NOTE: Sarah Abraham, JD ’17, Lauren Blodgett, JD ’16, Danae Paterson, JD ’16, contributed research to the report.

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October 9, 2015

Myanmar: Hold Police Accountable for Crackdown in Letpadan, Free Wrongfully Imprisoned Prisoners


PRESS RELEASE

 

Myanmar: Hold police accountable for crackdown at Letpadan; Free wrongfully imprisoned protesters

 

New report finds police blocked peaceful assembly, used excessive force

(YANGON—October 10, 2015) Myanmar police officers used excessive force during a crackdown on protesters and arrested more than 100 individuals in Letpadan, Bago Region in March, according to a new report (summaries available in English and Burmese) released today by Fortify Rights and the Harvard Law School International Human Rights Clinic (“the Clinic”). Authorities should release individuals wrongfully detained for exercising their rights to freedom of peaceful assembly and freedom of expression, the organizations said.

Pages from IHRC_FR_Crackdown_REV2

©2015 Paul Mooney. More photos are available here.

Compiling evidence from dozens of eyewitness accounts, more than 500 photographs (see slideshow), and 40 videos, Fortify Rights and the Clinic found that police brutally punched, kicked, and beat unarmed protesters with batons on their heads, backs, and legs in the town of Letpadan on March 10. Police also beat protesters in police custody, including at least one protester being treated in an ambulance and others whose hands were bound behind their backs.

“The government should hold to account those police officers that used excessive force against the protesters,” said Matthew Smith, executive director of Fortify Rights. “This crackdown occurred in broad daylight. Police officers are clearly visible on film and in photos beating unarmed protesters, yet they walk free while the protesters are behind bars.”

The new report, Crackdown at Letpadan: Excessive Use of Force and Violations of the Rights to Freedom of Peaceful Assembly and Expression in Letpadan, Bago Region, Myanmar, also details how not all police officers at the scene participated in violence during the crackdown. Some police officers used riot shields or their own bodies to protect protesters from attacks by other police officers, providing further evidence of the unjustified use of force by some officers.

Police arrested 127 protesters, journalists, and bystanders in Letpadan on March 10. Seventy-seven men and women of those arrested in Letpadan face charges that carry sentences of up to nine years and six months imprisonment. Several student leaders face multiple counts under a law relating to peaceful assembly, potentially adding years to their sentences. In the weeks and months following the crackdown at Letpadan, Myanmar authorities have arrested dozens of additional student leaders and activists for involvement in the protests at Letpadan and elsewhere.

“The decision of Myanmar authorities to prosecute protesters rather than those police officers that committed abuses doesn’t bode well for a country on the cusp of national elections,” said Tyler Giannini, Director of the Clinic. “Justice demands the authorities release those wrongfully arrested in Letpadan and drop charges against peaceful protesters.”

On September 11, the Myanmar National Human Rights Commission (MNHRC) issued a statement calling for police officers responsible for the use of excessive force at Letpadan to be disciplined. The statement alleged that the beating of protesters led to injuries, and that the protesters should not be facing charges under the penal code.

Fortify Rights and the Clinic welcomed the MNHRC’s investigation and statement on the events in Letpadan, but noted that it failed to address all the violations related to the protest and crackdown in Letpadan. In particular, the MNHRC failed to address restrictions on the rights to freedom of peaceful assembly and freedom of expression as well as the arbitrary arrest and detention of individuals connected to the protests.

Under international law, arrest and detention are unlawful when individuals are engaging in a protected activity, such as exercising their rights to freedom of peaceful assembly and freedom of expression.

In January 2015, protesters began to march south from Mandalay to demonstrate their opposition to the National Education Law passed by Parliament in September 2014. In early March, police blockaded the protesters at Letpadan. As the protesters attempted to challenge the blockade on March 10, police officers violently dispersed the group of 200 protesters.

“The events leading up to the crackdown failed to justify the massive wave of violence unleashed by police officers,” said Matthew Smith. “This crackdown is ongoing and reveals the shallow depth of human rights reform in Myanmar.”

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For more information, please contact:

Matthew Smith, Executive Director, Fortify Rights +66.85.028.0044; matthew.smith@fortifyrights.org; Twitter: @matthewfsmith @FortifyRights

Tyler Giannini, Director, Harvard Law School International Human Rights Clinic: +1-617-496-7368; giannini@law.harvard.edu; Twitter: @HmnRghtsProgram

Amy Smith, Executive Director, Fortify Rights (in Yangon): +66.87.795.5454; amy.smith@fortifyrights.org; Twitter: @AmyAlexSmith @FortifyRights

Matthew Bugher, lead author and researcher, Harvard Law School International Human Rights Clinic and consultant to Fortify Rights: +95.9401596412; mbugher@jd10.law.harvard.edu; matthew.bugher@fortifyrights.org; Twitter: @bughermk1

Students from the International Human Rights Clinic—Roi Bachmutsky (JD ’17), Roni Druks (JD ’17), Courtney Svoboda (JD ’16), Matthew Thiman (JD ’16), Yao Yang (Harvard/Berkeley JD ’16), and Sharon Yuen (LLM ’16)—provided essential support in reviewing evidence as well as with writing and editing for the report. The team worked under the direction of the report’s lead researcher, Matthew Bugher, who was a Global Justice Fellow at Harvard Law School as well as Tyler Giannini, co-director of the Clinic.   

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September 28, 2015

Coalizão demanda investigação federal em audiência na OEA sobre violência, corrupção no Complexo Prisional Aníbal Bruno (Curado)

PRESS RELEASE

 

Coalizão demanda investigação federal em audiência na OEA sobre violência, corrupção no Complexo Prisional Aníbal Bruno (Curado)

 

Lista de mais de 500 vítimas será apresentada à Corte IDH

28 de setembro de 2015, San José, Costa Rica – O Estado brasileiro aparecerá hoje perante a Corte Interamericana de Direitos Humanos para prestar esclarecimentos sobre o alto número de violações de direitos humanos dentro do Complexo Prisional Aníbal Bruno (renomeado Complexo do Curado), que vem se agravando desde que a Corte determinou a imposição de medidas provisórias em maio de 2014. A coalizão de entidades de direitos humanos que levaram o caso à OEA demanda uma investigação penal federal sobre violência e corrupção no local, tendo preparado novas evidências – incluindo fotografias, vídeos e uma lista com mais de 500 vítimas de morte e/ou violência.  Ontem, as falhas do Estado no Complexo geraram mais vítimas durante um tumulto, com Ricardo Alves, residente próximo ao presídio, morrendo de “bala perdida” e dois presos sendo baleados.

O Aníbal Bruno é um retrato emblemático das muitas aflições que assolam os sistemas prisionais latino-americanos. O notório presídio é representativo de uma convergência de fatores que frequentemente caminham juntos, como violência, tortura, acesso à saúde deficiente, superencarceramento e denúncias de corrupção, todos registrados em um mesmo local. Desde os estágios iniciais do caso, a coalizão de organizações que monitoram o presídio tem constantemente sustentado que o Estado falhou ao não abordar de maneira apropriada e efetiva tais problemas, trazendo à luz extensiva documentação dos abusos cometidos.

Durante a audiência, que será transmitida ao vivo no site da Corte às 14hs, horário de Brasília, a coalizão irá disponibilizar fotos, vídeos e outras provas apresentadas no website arquivoanibal.weebly.com.

A Comissão Interamericana de Direitos Humanos começou a monitorar o Complexo Aníbal Bruno em 2011. Duante quatro anos, a coalizão catalogou violações à dignidade humana dos presos, funcionários e visitantes do Complexo. Um preso, por exemplo, relatou em fevereiro de 2015 que, em função da superlotação, dormia amarrado às barras que revestem a cela, por meio de uma rede improvisada. O encarceramento de mais de 7 mil indivíduos em um espaço com capacidade para menos de 1,9 mil pessoas é reflexo não somente da situação calamitosa do sistema prisional pernambucano, que possui uma das piores taxas de encarceramento no Brasil, mas também de uma realidade prisional nacional que historicamente encarcera violando direitos.

A coalização de organizações de direitos humanos responsáveis pelo caso compreende a Pastoral Carcerária, o Serviço Ecumênico de Militância nas Prisões – SEMPRI, a Justiça Global e a Clínica Internacional de Direitos Humanos da Faculdade de Direito de Harvard.

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September 22, 2015

Inter-American Court of Human Rights Summons Brazil to Answer for Violence at Aníbal Bruno Prison

PRESS RELEASE

Inter-American Court of Human Rights Summons Brazil to Answer for Wave of Violence and Deaths at Aníbal Bruno Prison (Curado Complex)

Brazilian state will be “in the dock” before the Organization of American States (OAS) body at the end of September

September 22, 2015 – After three major riots and at least sixteen deaths (including one police officer killed and one prisoner quartered) within the last year, the Inter-American Court of Human Rights has taken the rare step of summoning the Brazilian state to a public hearing at the end of the month to answer for recurring violations at the Aníbal Bruno Prison Complex (renamed Curado Complex), one of the largest prisons in Latin America.

Nota 1222 para publicarThe Court has ordered the Brazilian state to protect the life and integrity of prisoners, staff, and visitors of the notorious prison since May 2014, when it analyzed hundreds of complaints of abuse presented by a coalition of human rights organizations.  At the hearing—set to take place on September 28 and be broadcast live from Costa Rica at 1:00 p.m. EST on the Court website (http://www.corteidh.or.cr) the coalition will present new evidence demonstrating the continuation of grave abuses at the Complex, including decapitations, gang rapes, beatings, and knife attacks.

Aníbal Bruno Prison has been under international scrutiny since August 2011, when the facility started being monitored by the Inter-American Commission on Human Rights.  Since then, the coalition has documented chronic abuses, such as the presence of the so-called chaveiros: prisoners who effectively carry out official functions in the cellblocks, and are granted the authority to maintain order and discipline in the facility, often through the use of violence.  A window onto the crisis of the Brazilian prison system, Aníbal Bruno incarcerates more than 7000 men in space designated for fewer than 1900, with an insufficient number of officers to adequately ensure security.  The State has also been negligent regarding the conditions of human security pertaining to state agents.

The coalition of human rights groups responsible for the case is comprised of the Catholic Prison Ministry (Pastoral Carcerária), Ecumenical Service of Advocacy in Prisons (Serviço Ecumênico de Militância nas Prisões – SEMPRI), Global Justice (Justiça Global), and the International Human Rights Clinic at Harvard Law School.

In February of this year, the coalition released the filings from the international case online in order to bring attention to the situation of the Aníbal Bruno Prison Complexo.  For more information, please visit: http://arquivoanibal.weebly.com.

 

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Corte Interamericana de Direitos Humanos Exige Explicações ao Brasil sobre Onda de Violência e Mortes no Presídio Aníbal Bruno (Complexo do Curado)

Estado Brasileiro estará “no banco do réus” no final de setembro perante órgão da Organização dos Estados Americanos (OEA)

 

22 de Setembro de 2015 – Após três rebeliões e ao menos 16 (dezesseis) óbitos (incluindo um policial morto e um preso esquartejado) no último ano, a Corte Interamericana de Direitos Humanos tem tomado a rara iniciativa de convocar o Estado brasileiro a uma audiência pública no final do mês para responder sobre as violações reiteradas no Complexo Prisional Aníbal Bruno (renomeado Complexo do Curado), um dos maiores presídios da América Latina. Continue Reading…

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June 19, 2015

New Joint Report on Civilian Harm from Explosive Weapons

Press Release

Civilian Harm from Explosive Weapons

Agreement Needed to Curb Use in Towns, Cities

 

(Geneva, June 19, 2015) – Extensive civilian casualties caused by the use of explosive weapons in towns and cities around the globe show the urgent need for countries to agree to curb the use of these weapons in populated areas, Human Rights Watch said in a report released today.

Air-dropped bombs, artillery projectiles, mortars, rockets, and other explosive weapons kill or injure tens of thousands of civilians every year. In the first half of 2015, Human Rights Watch documented incidents involving the use of explosive weapons that claimed civilian lives and destroyed vital infrastructure in populated areas of Iraq, Libya, Syria, Sudan, Ukraine, Yemen, and elsewhere.

Remains of the Luhansk airport terminal in eastern Ukraine, which was destroyed by repeated use of explosive weapons. © 2014 Human Rights Watch

Remains of the Luhansk airport terminal in eastern Ukraine, which was destroyed by repeated use of explosive weapons. © 2014 Human Rights Watch

The 35-page report, “Making a Commitment: Paths to Curbing the Use of Explosive Weapons in Populated Areas,” published jointly with Harvard Law School’s International Human Rights Clinic, says that countries should develop and implement a new non-binding agreement to reduce the harm from explosive weapons and offers options for developing such an agreement.

“The high levels of civilian death and destruction from explosive weapons are avoidable,” said Bonnie Docherty, senior arms researcher at Human Rights Watch and co-author of the report. “Nations should agree to curtail the use of explosive weapons in populated areas and stop using those with wide-area effects entirely.”

Explosive weapons that produce wide-area effects are particularly dangerous. They encompass weapons that produce a large blast and/or spread fragments over a wide radius, such as aircraft bombs; weapons that deliver multiple munitions that saturate a large area, such as Grad rockets and others from multi-barrel rocket launchers; and weapons that are so inaccurate that they cannot be effectively targeted, such as barrel bombs.

Momentum for international action is growing as recognition of the harm caused by explosive weapons in populated areas increases. In September, Austria will host a meeting to consider how to improve protection of civilians from the use of explosive weapons in populated areas.

The new report seeks to inform these discussions by providing options for a non-binding instrument – a political commitment – in which countries would agree to restrict the use of explosive weapons in populated areas. The report examines about 30 relevant commitments that could serve as models for the shape of an explosive weapons commitment and the process to achieve it.

A new political commitment could take a variety of forms including a declaration, compilation of regulations, set of guidelines, manual, or combination of these types. The process of developing a commitment could be led by countries, emerge from the United Nations system, or be a mix of those two options.

Developers of the commitment would also have to decide on a mechanism for countries to endorse the final document.

Whatever process is followed, nongovernmental organizations should be actively involved because they would bring extensive expertise as well as humanitarian concerns to the process, Human Rights Watch and the Harvard clinic said.

Over the past few years, the UN secretary-general, several UN agencies – notably the Office for the Coordination of Humanitarian Affairs (OCHA) – and the International Committee of the Red Cross have all acknowledged the need to address the civilian harm caused by the use of explosive weapons with wide-area effects in populated areas.

Many countries have echoed their concerns, and the September meeting in Austria follows a 2014 meeting about the subject in Norway. The Austria meeting provides an opportunity for countries to take the next step to initiating a process to develop a new commitment on explosive weapons.

“Extensive precedent shows that the timely development of an explosive weapons commitment is feasible,” said Docherty, who is also a lecturer on law at the Harvard clinic. “Countries need only recognize the urgency of the problem and bring political will to deal with it.”

This report was written by Docherty and Anna Crowe, clinical advocacy fellow, with significant research and writing contributions from Ben Bastomski, JD ’15, Kate Boulton, JD, ’15, and Ishita Kala, JD ’16.

For more information on the use of explosive weapons in populated areas, please visit:
http://www.hrw.org/keywords/explosive-weapons

For more information, please contact:
In Boston, Bonnie Docherty (English): +1-617-669-1636 (mobile); or docherb@hrw.org

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April 30, 2015

New Publication Examines Different Approaches to Assisting Victims of Armed Conflict and Armed Violence”

PRESS RELEASE

“New Publication Examines Different Approaches to Assisting Victims of Armed Conflict and Armed Violence”

Seeks to promote collaboration among leaders in field

 

(Cambridge, MA, April 30, 2015)- Mitigating the human costs of armed conflict and armed violence has become a moral and legal imperative over the past two decades. Within the international community, several strategies for helping civilian victims have emerged. A publication, released this week by Harvard Law School’s Human Rights Program and Action on Armed Violence (AOAV), seeks to advance understanding and promote collaboration among leaders in the field.

AcknowledgeAmendAssist compressedcoverThe 28-page report, Acknowledge, Amend, Assist: Addressing Civilian Harm Caused by Armed Conflict and Armed Violence, examines a range of current approaches: casualty recording, civilian harm tracking, making amends, transitional justice, and victim assistance. In so doing, the report illuminates their commonalities and differences and analyzes the difficulties they face individually and collectively.

“These programs all provide valuable assistance to civilian victims, but they have yet to be viewed holistically,” said Bonnie Docherty, editor of the volume and lecturer on law in the Human Rights Program. “A comparative look at the approaches could help reduce overlapping efforts and identify gaps that should be closed.”

Acknowledge, Amend, Assist takes its name and much of its substance from a two-day global summit held at Harvard Law School in October 2013. The event brought experts from government, civil society, and academia together to explore the challenges of meeting victims’ needs and to learn about where their work might coincide and/or conflict. This publication seeks to build upon the momentum generated by the summit and present the issues that it raised to a wider audience.

As the essays demonstrate, the five approaches to addressing civilian harm share not only an ultimate goal but also many overarching principles. In general, they define “victim” broadly, envision a wide range of support, encourage victim participation in the process, and aim to address articulated needs. They recognize that even if one party bears primary responsibility for providing assistance, there may be multiple players involved.

At the same time, the approaches differ in focus and practice. Some concentrate on lawful harm, others on unlawful harm. They also call for various forms of recognition and aid. Distinctions among the approaches that have led to debate include who should bear responsibility for providing assistance and how law can most effectively contribute to the process.

“We hope members of the assistance community will draw lessons from each other’s strategies and consider how to increase collaboration,” Docherty said. “In the long run, more informed, complementary, and coordinated approaches would improve the lot of victims of armed conflict and armed violence.”

For more information, contact Bonnie Docherty at bdocherty@law.harvard.edu.

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