No Amnesty for Yemen Crimes UN Human Rights Chief, by Ambassador mo
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Amnesty for grave violations on international humanitarian law is not recognized by law and is prohibited. UN High Commissioner for Human Rights Navi Pillay reminded this fundamental principle today (January 6, 2011) as it applies to Yemen and various persons. “I have been closely following the events in Yemen, particularly the very contentious debate about an amnesty law to be presented to Parliament shortly. International law and the UN policy are clear on the matter: amnesties are not permissible if they prevent the prosecution of individuals who may be criminally responsible for international crimes including war crimes, crimes against humanity, genocide, and gross violations of human rights. Based on information we have gathered, there is reason to believe that some of these crimes were committed in Yemen during the period for which an amnesty is under consideration. Such an amnesty would be in violation of Yemen’s international human rights obligations.” Lessons of Bosnia, Holbrooke, Karadzic & Mladic: During negotiations in Dayton in 1995, Richard Holbrooke as mediator tried to nudge the BiH parties to embrace general amnesty – a step that I vehemently resisted as contrary to justice, the rule of law and future of peace. Unfortunately though effective amnesty from arrest was effected by Holbrooke with promises that Radovan Karadzic and Ratko Mladic was not be arrested in exchange for their political cooperation. This though has undermined the rule of law, reintegration of the country and sustainable peace and sense of normalcy. The divides persist as well as those who gain benefit from reintegration and a normal functioning society and country. It is a worthy lesson for Yemen and other similar situations. Justice, Society Stability & Peace Interlinked: Ms Pillay stressed that a victim-centered approach to justice is essential to restore stability to a society emerging from a period of violent conflict. “Victims have the right to justice, to the truth, to remedy and reparation – these are rights that are well-established internationally.” Any adopted legislation would also need to respect the principle of equality before the law – meaning that there should be no discrimination between individuals who are pro-Government or in opposition and no distinction based on family connections. Every individual who commits a crime is accountable and should not be allowed to escape justice.” To what extent though has the “peace accord” which orchestrated Saleh’s departure itself offered immunity, and now that it is endorsed by the UN Security Council, does it bring the Council in conflict with international law as well as the OHCHR. Read: - “Yemen Settlement – UN to endorse” -http://diplomaticallyincorrect.org/films/blog_post/yemen-settlement-un-to-endorse-by-ambassador-mo/42034 Washington Not to Take Another Risk as Granting Visa to Shah of Iran: The Statement from the OHCHR comes as it appears US has discouraged ex-President Saleh from traveling to US for medical treatment for injuries inflicted during attack on his Presidential compound, (photo - Saleh after severe burns/injuries). US was not keen to promise protection from prosecution. Also, the risk of repeating the events in 1979 of granting the Shah of Iran entry for medical treatment triggered a tide of anti-US sentiment and takeover of US embassy in Tehran. US-Iran relations have never recovered. Nonetheless, Saleh staying in Yemen could complicate efforts toward a new page for the country and unity as the former president may now try to influence/obstruct events. Read – “Yemen ‘Fragile’ – ‘Warring Factions’” - diplomaticallyincorrect.org/films/blog_post/yemen-fragile-warring-factions-the-significance-of-terminology-by-ambassador-mo/43071 “The High Commissioner thanked Yemeni authorities for their cooperation during the recent mission to the country by the UN Human Rights office, undertaken to prepare for the next report by the High Commissioner to the Human Rights Council regarding Yemen. She reiterated the availability of the office in assisting the Government to fulfil its human rights obligations.” (Read: - “Yemen Resolution-UN Security Council” - www.filmannex.com/posts/blog_show_post/yemen-resolution-un-un-security-council-by-ambassador-mo/36614). By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us at DiplomaticallyX War Crimes Justice” Channel - diplomaticallyincorrect.org/c/war-crimes-justice