North Africa Theater

UN calls for joint tribunal over Libyan war crimes

On Nov. 16, the head of the UN Support Mission in Libya (UNSMIL), Ghassan Salamé, suggested to the United Nations Security Council that a joint tribunal should be considered to try individuals suspected of war crimes in Libya. In the speech to the Security Council, the chief expressed his concern that Libya is in a state of lawlessness, with crimes being committed each day. Salamé stated, "If Libyans alone cannot combat impunity for war crimes, it is time for the international community to consider mechanisms that can help them do so; possibly including joint tribunals."

Mauritania: press crackdown amid political crisis

The Mauritanian Radio and Television Broadcast Authority on Oct. 17 ordered Mauritania's five privately owned news stations to shut down for "failing to fulfill their financial agreements." The move is the latest sign of a crackdown on the independent press following a controversial referendum called by President Mohamed Ould Abdelaziz in August. The vote, boycotted by the opposition, approved abolition of the country's Senate after it ruled against expanding presidential powers. At least one station was removed from air. After the letters were sent , agents of the tax authority went to the office of al-Mourabitoun TV—a channel generally supportive of the opposition Islamist parties. Employees were ordered to leave, and the doors to the building were locked. The agents told staff that the channel owed 2 million ouguiyas (US$5,600), in tax, according to local media reports. (Committee to Protect Journalists)

Libya: rights groups accuse UAE of war crimes

Human rights groups in Libya have accused the United Arab Emirates of committing war crimes in the country, including killing hundreds of civilians. The rights groups said on Sept. 26 that the UAE committed these crimes through direct air-strikes on Libya, and by backing the renegade general Khalifa Haftar. The findings were presented at a press conference on the sidelines of the UN Human Rights Council meeting in Geneva, Switzerland. Libyan witnesses and survivors spoke of extrajudicial killings, forced hunger, and displacement that they or their kin experienced at the hands of Haftar in Derna and Ganfouda, provinces in Libya's east. Survivors affiliated with  the organization Human Rights Solidarity also described alleged UAE air raids in the Libyan capital Tripoli in August 2014. (Al Jazeera)

Tunisia: one step forward, one step back

Tunisia's parliament, the Assembly of People's Representatives, voted Sept. 14 to overturn a 1973 Ministry of Justice directive prohibiting marriage between a Muslim woman and a non-Muslim man—a victory for the country's transition to secular rule. But one day earlier, the parliament voted overwhelmingly to approve a controversial amnesty law pardoning thousands implicated in corruption and embezzlement of public funds under the former regime of Zine El-Abidine Ben Ali. The opposition bloc (led by the Popular Front) boycotted the vote in protest against the insistence of the ruling coalition (made up of Nidaa Tounes and Ennahda) on passing the law in an extraordinary session. Hundreds protested outside the parliament building as the vote was held. Amnesty will only be granted to those who did not personally profut off of the corruption, or to those who pay back the money with penalties. Nonetheless, protesters condemned the law as a betrayal of country's 2011 revolution. Amna Guellali of Human Rights Watch said the amnesty law coiuld be a "final blow" in Tunisia's democratic transition, and called the back-to-back votes a case of "one step forward, one step back." (HRW, Jurist, Jurist, Sept. 15; Middle East Online, Sept. 14; HRW, May 23)

Reparations for destroyed Timbuktu shrines

The International Criminal Court (ICC) on Aug. 17 found (PDF) that a former Malian jihadist militant is liable for individual and collective reparations for overseeing the destruction of Muslim shrines in Timbuktu. Ahmad al-Faqi was found liable for 2.7 million euros in expenses. In its order, the ICC stressed the importance of cultural heritage:

Because of their purpose and symbolism, most cultural property and cultural heritage are unique and of sentimental value. As a result, they are not fungible or readily replaceable. The destruction of international cultural heritage thus "carries a message of terror and helplessness; it destroys part of humanity's shared memory and collective consciousness; and it renders humanity unable to transmit its values and knowledge to future generations". It is an irreplaceable loss that negates humanity.

The court noted that al-Mahdi is indigent and encouraged the Trust Funds for Victims to complement the reparations award and submit a draft implementation plan by next February.

Libya: videos capture summary executions

Forces loyal to the Libyan National Army (LNA), military arm of the country's unrecognized eastern government, appear to have executed captured fighters in Benghazi and desecrated corpses, Human Rights Watch charges. Video recordings posted online since January seem to show LNA fighters carrying out seven distinct unlawful executions of "extremists." The most recent video, which appeared on social media July 24, shows the apparent summary execution of 20 blindfolded men with their hands tied behind their backs in orange jumpsuits, whom the commander in charge accuses of "terrorism." The executioners appear to be members of a special forces unit headed by Mahmoud al-Werfalli.

Libya: Haftar vows to attack Italian warships

The military commander of Libya's unrecognized eastern government, Khalifa Haftar, has threatened to bombard any warships sailing into the country's national waters—an explicit challenge to Italy, which is dispatching vessels to the Libyan coast as part of its effort to intercept migrants seeking to cross the Mediterranean from North Africa. "The General Commander of Armed Force Marshal Khalifa Haftar instructs chiefs of staff of air and navy forces to intercept any foreign vessels in the Libyan waters except the commercial ones," read a statement from the media office of Haftar's Operation Dignity forces. The statement took aim at the recognized government in Tripoli, which it accused of entering into agreements with foreign powers that "violate the sovereignty of Libya under the pretext of fighting illegal immigration." (Al Jazeera, Aug. 3; Libya Observer, Aug. 2)

Libya: fatwa against 'infidel' Berbers

The Amazigh Supreme Council (ASC) of Libya, representing the Berbers in the country's western mountains, released a statement responding strongly to the fatwa issued by clerical authorities attached to the "Interim Government" based in Libya's east against the practice of Ibadhi branch of Islam. The edict, issued earlier this month by the Interim Government's  High Commission of Fatwas, refers to Ibadhi Muslims as "infidels" and "Khawarij"—referring to a schism in early Islam now considered heretical by the orthodox. Nearly all followers of Ibadhi Islam in Libya are ethnic Berbers in the Nafusa Mountains and the western port of Zwuarah. The ASC called the fatwa "a direct incitement for genocide of the Amazigh people in Libya." The statement added: "[W]e call all Libyans to refrain from being persuaded by such racist and menacing speech... Furthermore, we call the international community to commit to its duties of protecting civilians. (World Amazigh News, July 18)

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