Charges
Mirsad Repak stands charged with crimes against humanity, war crimes, torture and rape. According to the prosecution most of the crimes were committed in the Dretelj detention camp in Southern Bosnia, which was known for the brutality of its guards. Repak pleaded not guilty to the most serious charges. He insisted that he was only following orders. Repak could face up to 21 years in prison. The trial is expected to last eight weeks.

Mirsad Repak (42), a former member of a Croatian paramilitary organization, came to Norway in 1993 as an asylum seeker and obtained Norwegian citizenship in 2001. The court will have to decide whether the Norwegian judicial system has the right to try a person who did not hold Norwegian citizenship at the time the alleged crimes were committed.

New laws

Norway introduced new war crimes legislation in March this year, enabling war crimes trials to be held in Norwegian courts even if the case concerned took place outside the Norwegian borders. The new laws cover crimes against humanity, genocide and terrorism. This is the first war crimes case to be heard in Norway since the Nazi tribunals held after the end of World War II.

Unfair

Repak’s lawyer, Heidi Bache-Wiig, said before entering the courtroom that her client “suffered after what he had to do and what he was ordered to do, and it has haunted him ever since.” “In big conflicts like this one, we should content ourselves with apprehending the decision makers and most senior officials. We never manage to catch them all and it’s perhaps unfair to just go after the little soldiers.”
She called for the case to be thrown out, arguing that the Norwegian constitution prohibits a new law from being applied prior to its enactment.
The prosecutor, on the other hand, argued that the Norwegian parliament had taken that factor into account by adopting the law with a clause stipulating that it could be applied retroactively.

Norwegian media have reported that around 100 war crimes suspects are believed to be residing in Norway. Most are either fugitives from the wars that split up Yugoslavia in the 1990s or from the Rwandan genocide in 1994. With this trial, the Norwegian government aims to demonstrate that Norway is no haven for war criminals.

International Crimes Law in the Netherlands

Crimes against humanity, war crimes, genocide and torture are punishable in the Netherlands since 1 October 2003. The Law International Crimes follows from the Statute of Rome and the International Criminal Court (ICC). Although not stipulated in the Statute, a large number of ICC members have over the last years penalized crimes that fall under the authority of the ICC in their own national legislation and apply the new laws to crimes committed outside the national borders.
The Dutch justice system is authorized to prosecute crimes such as deportation, torture, disappearance, persecution, extermination and slavery, even if they have taken place outside the Netherlands by persons with a non-Dutch nationality. The only requisite is that the suspect is in the Netherlands. The law cannot be applied retroactively. Heads of state and diplomats cannot be prosecuted under this law.

Didier Bourguet, a mechanic who worked for the United Nations from 1994, faces a prison sentence of up to 20 years if he is found guilty of a series of sexual offense and pornography charges ranging from rape to corruption of minors.

At the beginning of the hearing in Paris, at which one of his alleged victims was present, Bourguet acknowledged that he had had sex with the girls but he said they had consented.

“I admit the sexual relations and the pornography, but I deny rape,” he told the court.

A judgment is expected on Thursday.

His lawyer told reporters that Bourguet, who worked in the Central African Republic between 1998-2001 and the Democratic Republic of Congo between 2001-04, would argue that he had no way of knowing the girls were under aged.

A police investigation uncovered pedophile pornography and a series of images and videos stored on Bourguet’s personal computer showing him with very young girls, the court heard.

He told police he had met the girls through paid intermediaries and gave them between $10-20.

The United Nations’ own internal inspection services said in a 2004 report that they were looking at 72 cases of suspected rape and sexual offenses committed by civilian employees and military personnel during the U.N. mission to Congo.

http://africa.reuters.com/top/news/usnBAN957748.html

The UN investigated some of the claims in 2007, but said it could not substantiate claims of arms dealing, but UN insiders told the BBC’s Panorama they had been prevented from pursuing their inquiries for political reasons.

An 18-month BBC investigation for Panorama has found evidence that:

- Pakistani peacekeepers in the eastern town of Mongbwalu were involved in the illegal trade in gold with the FNI militia, providing them with weapons to guard the perimeter of the mines.

- Indian peacekeepers operating around the town of Goma had direct dealings with the militia responsible for the Rwandan genocide, now living in eastern DR Congo.

- The Indians traded gold, bought drugs from the militias and flew a UN helicopter into the Virunga National Park, where they exchanged ammunition for ivory.

The UN looked into the allegations concerning the Pakistani troops in 2007.

It concluded that one officer had been responsible for dealing in gold – allowing traders to use UN aircraft to fly into the town, putting them up at the UN base and taking them around the town.

The head of the UN peacekeeping operation in New York Jean-Marie Guehenno declared, “The investigation has found no evidence of gun smuggling. the UN decided that “in the absence of corroborative evidence” its investigators “could not substantiate the allegation” that Pakistani peacekeepers supplied weapons or ammunition to the militia.

UN insiders - close to the investigation – told the BBC they had been prevented from pursuing their inquiries for political reasons. The BBC’s Martin Plaut says that in short, the Pakistanis, who are the largest troop contributors to the UN in the world, were too valuable to alienate.

These are not the only allegations to have been brought against peacekeepers in DR Congo.
In December 2006, former UN Secretary General Kofi Annan said Moroccan troops had been involved in widespread sexual abuse. “There have been crimes such as rape, pedophilia and human trafficking,” he said, shortly before leaving office.

Didier Bourguet, the U.N. senior official who was charged with running an Internet pedophile ring in the Congo, continues to escape imprisonment by hiding behind the French “justice” system

Several witnesses including two jailed FNI leaders known as “Kung-fu” and “Dragon”, have stated publicly that they received help from the UN. The FNI has been described by Human Rights Watch as “some of the most murderous individuals that operate in eastern Congo”.

The UN peacekeeping operation in DR Congo is the largest in the world, with 17,000 troops, spread across the country.

BBC: http://news.bbc.co.uk/2/hi/africa/7365283.stm

Sudan’s allies from the African, Islamic groups and Non-Aligned blocs lined up to praise Khartoum, a position that was formalized in a consensus resolution welcoming the “collaboration of the government of Sudan.”

Gibreil Hamid, a survivor from Darfur, took the floor on behalf of UN Watch to confront the impunity granted to Sudan. See full video and text below.

UN Watch Takes on Sudan and its Allies

UN Human Rights Council, 7th Session

Interactive Dialogue with UN Special Rapporteur on Sudan

UN Watch Statement Delivered by Gibreil Hamid, March 17, 2008

Thank you, Mr. President.

I speak on behalf of UN Watch. We thank the Special Rapporteur for her excellent work for the victims of Darfur.

Mr. President, I am from Darfur, and I know the truth about what is happening there.

The truth can be found in today’s report.

The report shows how the Government of Sudan is violating human rights and international humanitarian law, with physical assaults, abductions and rape.

In October, Government forces attacked Muhajiriya. People praying in a mosque were rounded up, and forty-eight civilians were killed.

In November, Government planes dropped bombs on Habila. The attackers entered the villages, shooting, stealing animals and setting fire to houses.

On 2 December, in West Darfur, armed men attacked a group of ten women and girls. A sixteen-year-old girl from the group was gang raped, and at least three other women were whipped and beaten with axes. Police and soldiers refused to help.

Today’s report says that violence against women in Darfur is continuing. There is no improvement. There is no justice. The attackers enjoy immunity.

Mr. President, in the name of basic human rights, UN Watch urges Sudan to end these attacks against innocent civilians.

UN Watch asks this Council to please stop praising Sudan for its “cooperation.” Mr. President, attacking little girls is not “cooperation.”

We wish to ask the rapporteur: What further action is she planning to protect the victims of Darfur?

Thank you, Mr. President.

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In Praise of Sudan’s ‘Cooperation’

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“It is an honor to speak on behalf of the Arab Group and our country considers that reaching a peaceful solution in the south of Sudan has reached to the stability of the situation and Sudan is committed to this treatment, and it has taken the steps in order to achieve this peaceful solution.”

– Palestine on behalf of the Arab Group, March 17, 2008

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“Our delegation also appreciates the cooperation by Sudan with the former Commission on Human Rights and with the Human Rights Council. Sudan has thus recognized all the resolutions of the Commission and the Council.”

– Qatar, March 17, 2008

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“The African Group expresses its hope that this session of the Council will mark the continuation of the cooperative spirit, which has reigned so far in the Council on Sudan…”

– Egypt on behalf of the African Group, March 17, 2008

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“We believe that this is a reflection of the openness of the government of Sudan and its commitment to cooperate with this Council for the promotion and protection of human rights.”

– Egypt on behalf of the African Group, March 17, 2008

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“The African group expresses its appreciation to the government of Sudan for the efforts undertaken thus far in the implementation of peace agreements….”

– Egypt on behalf of the African Group, March 17, 2008

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“Indeed the Sudan government has always cultivated traditions of cooperation and openness with different mechanisms both with the UN and Africa.”

– African Union representative, March 17, 2008

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“We express our appreciation to the government of Sudan for the cooperation that it has extended….”

– Kenya, March 17, 2008

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“Sudan’s efforts are noteworthy and must be encouraged.” — Pakistan, March 17, 2008

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“Sudan has completely cooperated with the former Commission on Human Rights as well as the current Council with the fact that both the Council and the Commission have admitted that.”

– Palestine on behalf of the Arab Group, March 17, 2008

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“We appreciate the consistent efforts of the government of Sudan to remove obstacles to the implementation of all national, regional, and international agreements.” — Pakistan, March 17, 2008

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“The government of Sudan will also require international support and encouragement, which must be provided without political qualification.” — Pakistan, March 17, 2008

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“The Sudan has always cooperated with the Human Rights Council in order to implement its resolutions. President, we welcome Sudan’s cooperation with the Council…” — Syria, March 17, 2008

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“The Sudanese government is cooperating fully with all international, regional initiatives to put an end to the crisis…” — League of Arab States representative, March 17, 2008

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“Malaysia welcomes the progress achieved by the government of the Sudan in improving the legislation, mechanism, and rule of law in the country…” — Malaysia, March 17, 2008

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“We praise the positive steps taken by and taken in the past and which continue to be taken by the government of Sudan to deal with the situation in Darfur…” — Saudi Arabia, March 17, 2008

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“The report of the Special Rapporteur reflects the cooperation of the Sudan government and the progress made in improving the situation in that region by the attempt of the Sudanese government to lift all the obstacles to carrying out all the provisions of regional and international agreements.” — Saudi Arabia, March 17, 2008

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“We also recognize the determination of the Sudanese government to try and solve the complex situation effecting Darfur. Cuba welcomes the manifest cooperation of the Sudanese authorities with the work of this Council and its decisions.” — Cuba, March 17, 2008

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“Thanks to the considerable efforts of the UN, the African Union, the Sudanese government and other interested parties we have seen positive developments in the search for a solution to the Darfur issue.” — China, March 17, 2008

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“We are confident that the government of Sudan will continue its cooperation with the Council and the Office of the High Commissioner for Human Rights…” — Indonesia, March 17, 2008

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“Sudan has fully cooperated with the UN peacekeeping forces. This has shown the good intentions of the Sudanese government’s determination to restore peace and security.” — United Arab Emirates, March 17, 2008

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“The Sudanese government has demonstrated its determination to positively work toward satisfactory solutions…” — Jordan, March 17, 2008

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“We are satisfied to note the high level of cooperation between the Sudanese government and the Special Rapporteur, and the willingness of the government to pursue a dialogue…” — Russian Federation, March 17, 2008

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“My country’s delegation praises the efforts of the Sudanese government to improve the human rights situation…” — Bahrain, March 17, 2008

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“The government of Sudan is cooperating positively…” — Bahrain, March 17, 2008

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“We appreciate the cooperation of the government of Sudan to facilitate the work of the Special Rapporteur and to follow closely matters in the field.” — Yemen, March 17, 2008

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“We are particularly heartened by the openness and the cooperative spirit with which the government of Sudan has welcomed the SR and facilitated her mission.” — Djibouti, March 17, 2008

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“The delegation also notes the cooperation afforded to the Special Rapporteur by the government of Sudan, which is reflective of an attempt to unravel the complex situation and resolve it.” — Zimbabwe, March 17, 2008

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“The EU will join the consensus on this resolution and wishes to express our appreciation to the government of Sudan and its ambassador and the African Group for their constructive engagement during the course of these negotiations.” — Slovenia on behalf of the European Union, March 27, 2008

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“We particularly welcome the cooperation extended by the government of the Sudan to the Special Rapporteur as well as to the group of experts on Darfur. We also appreciate the government of Sudan’s willingness to remain engaged with the international community.” — Pakistan on behalf of the Islamic Group, March 27, 2008

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“There has been an acknowledgment of the improvements of the situation of human rights in Darfur and of the steps taken by the government of the Sudan…” — Sudan, March 27, 2008

The UN said raids by aircraft and ground forces on three towns in February left at least 115 people dead.

A Sudanese military spokesman said the army was doing its job of protecting civilians by forcing rebels out.

The United Nations says more than 200,000 people have died in Darfur since rebels took up arms in 2003.

Two million people have been displaced and now live in camps.

Brig Gen Osman Mohamed al-Aghbash blamed rebels in Darfur for attacks on civilians in the area and the looting of their property.

“The army, discharging its duty… regarding the prevalence of security and protection of civilian lives, would go after rebels and bandit groups all over the country,” he is quoted as saying by Sudan’s official news agency Suna.

More than 30,000 people fled the attacks on the towns of Sirba, Sileia and Abu Suruj, said the report, issued on Thursday by the UN Office of the High Commissioner for Human Rights and the UN-African Union Mission in Darfur (Unamid).

The report said the large scale of destruction suggested the damage was done deliberately as part of a military strategy.

It quotes witness reports of government-backed militiamen on camels and horseback setting houses on fire, shooting at residents and looting.

It also says witnesses saw members of the Sudanese armed forces joining in the attacks, raping girls and taking part in looting.

The report describes the “major military campaign” as an attempt by the government to regain control of the northern corridor of West Darfur, and to drive out the Justice and Equality Movement rebel group.