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Crimes of War Pr O J E Ct CRIMES OF WAR PR O J E CT c h ec h nya : the world loo ks away photo © thomas dworzak/magnum, 2002 PURL: https://www.legal-tools.org/doc/38af49/ about the crimes of war project The Crimes of War Project is a collaboration of journalists, l a w yers and scholars dedicated to raising public aware n e s s of the laws of war and their application to situations of conflict. Our goal is to promote understanding of international humanitarian law among journalists, policymakers, and the g e n e ral public, in the belief that a wider knowledge of the legal f ramework governing armed conflict will lead to gre a t e r p re s s u re to pre vent breaches of the law, and to punish those who commit them. T h rough our book Crimes of War: What the Public Should Know, t h rough our website (www. c r i m e s o f w a r. o rg), and thro u g h educational pro g rams and seminars, we hope to: ¥ Raise the level of understanding about the law among those re p o rting on war and war crimes. ¥ Provide information for journalists, scholars, and the policy community about critical issues in modern armed conflict. ¥ E n c o u rage wider appreciation of international law as a f ramework for understanding and responding to conflicts around the world. ¥ Promote consultation among journalists, legal expert s and humanitarian agencies about how to incre a s e compliance with international humanitarian law. ¥ Provide a forum for accessible debate about the curre n t state of international law, and its application to unfolding eve n t s . The Crimes of War Project was established in 1999. We are a p r i vate, non-profit corporation, and our educational and a w a reness pro g rams in international humanitarian law and the laws of war are funded through philanthropic organizations and individual gifts. editor crimes of war project Anthony Dworkin editorial board: Anna Cataldi, Author editorial assistant Roy Gutman, Diplomatic Virginie Ladisch Correspondent, Newsweek executive director Peggy Lampl, Secretary/Treasurer, Elisa Munoz Crimes of War Project web co-production Gilles Peress, Senior Research Associate, Human Rights Center, PixelPress University of California, Berkeley. Fred Ritchin, Director David Rieff, Author designer Eric Stover, Director, Human Rights Aviva Michaelov, PixelPress Center, University of California, Berkeley. PURL: https://www.legal-tools.org/doc/38af49/ table of contents introduction 4 By Anthony Dworkin the russian army in chechnya 6 By Pavel Felgenhauer the chechen conflict and the outside world 10 By Thomas de Waal an interview with oleg orlov 14 By Alice Lagnado brutality and indifference 18 By Anne Nivat preventing the spread of conflict in the region 20 By Andre Kamenshikov PURL: https://www.legal-tools.org/doc/38af49/ introduction D e m o ra l i zed and corrupt, with no indication that abuses will be by anthony dworkin punished, the army appears to have been given a virtual free hand to abduct, rob and kill. T h e re is no official recourse for people On March 23, the people of Chechnya wer e given the chance to vot e whose re l a t i ves disappear. No credible investigations into these for a new constitution sponsored by the rep u b l i c ’ s MoscowÐ b a c k e d abductions ever seem to take place. authorities. According to official rep o r ts, a high percentage of vot - At the same time, the separatist fighters Ð or at least some among ers turned out and gave overwhelming support to the plan, which their ranks Ð are also responsible for kidnappings and other crimes. affirms Chechnya’s place within the Russian Fed e r ation. But some Some are resistant to any compromise settlement, and their journalists and human rights activists have painted a very differen t hardÐline stance is dragging the people of Chechnya further into pi c t u r e. The view of Oleg Orlov of the human rights group Memorial an intractable conflict that, it appears, most of them would like to is that the vote was conducted in an atmosphere of terror and can- be done with. not be considered as “a genuine ref e re n d u m . ” The continuing abuses in Chechnya belie any claim that the situa- The ref e r endum was part of a Russian campaign to make out the t i o n is returning to “normal.” Yet the outside world Ð which has situation in Chechnya is settling down Ð that the war is essentially n e ver consistently pre s s u red the Russian authorities over its over , and that the Chechens themselves can vote for their own le a d - responsibility for war crimes in Chechnya Ð now appears to be ers under Russian authority. But rep o r ts from the region indicate th a t l o o k i n g away. GeoÐpolitical concerns Ð the U.S. war on terror, the the fighting has reached more of a stalemate than a solution. And expansion of Europe Ðtake precedence over the illegal abuses of in the meantime, there is evidence that atrocities and war crimes this dirty war. At the recent UN Human Rights Commission meet- ar e continuing unchecked in this brutal and vicious conflict. ing, the United States declined to sponsor a resolution condemn- Statistics compiled by the Chechen authorities and leaked to ing Russian actions in Chechnya (it has sponsored such motions j o u r n a l i s t s s h ow that disappearances, killings and beatings are in previous years). The U.S. did vote for a Eu ropean motion on rife. Eyewitness accounts and independent investigations suggest Chechnya, but it was defeated. that the Russian army is responsible for most of these crimes. Chechen civilians pass the ruined presidential palace during their flight from the city January, 1995 in Grozny, Russia. Photo © Malcolm Linton, 1995 4 PURL: https://www.legal-tools.org/doc/38af49/ As a non-international armed conflict, the war in Chechnya falls In this magazine, we look at the war in Chechnya and the abuses under Common Article 3 of the Geneva Conventions, which for- that are taking place under its cove r. Anne Niva t g i ves an bids the killing, ill-treatment, and tort u re of those not taking part onÐtheÐground report that emphasizes the entrenched nature of in hostilities. In addition, it is cove red by Additional Protocol II to the conflict. Pav el Fel g e n h a u e r ex p l o r es the culture and conditions the Geneva Conventions of 1977, to which Russia is a part y. T h i s of the Russian army and explains the factors that shape its con- forbids violence against those not taking part in hostilities, col- duct. Thomas de Wa al looks at the links between this civil war and l e c t i ve punishments, taking of hostages, acts of terrorism, out- the outside world Ð the role of Islamic fundamentalism and the fail- rages against personal dignity and pillage. It also makes it a crime u re of the West to take a stand. Oleg Orlov g i ves a powerful and to direct any attack against the civilian population. informed summary of the way the war is changing and the crimes that are still taking place. Andre Kamenshikov gives a firstÐhand B e yond these conventions, any campaign of violence and forc e d rep o r t of one initiative that is attempting to reduce ethnic tensions d i s a p p e a rances directed against the civilian population, con- t h roughout the region and pre vent the spread of conflict. And ducted in a widespread and systematic way, would constitute a Thomas Dworzak’s photo essay gives the human dimension of the crime against humanity under customary international law. crime of forced disappearance. For further discussion of the law that applies to the Chechen conflict, see this earlier feature (http://www.c r i m e s o f w a r. o rg / e x p e rt / c h e c h - nya.html) on our web s i t e . Mu rd e r , tort u re, rape and enforced disappearance, when commit- ted as part of a widespread or systematic attack on the civilian population, are listed as crimes against humanity in the Ro m e Statute of the International Criminal Court. Russia has signed the Statute but not ratified it, so the ICC cannot exe rcise jurisdiction over any crimes committed in Chechnya. Two Chechen freedom fighters stand January, 1995 in Grozny, Russia. Photo © Malcolm Linton, 1995 5 PURL: https://www.legal-tools.org/doc/38af49/ the russian army in chechnya Instead of attacking with infantry and tanks, the Russian army, in by pavel felgenhauer an attempt to reduce its own casualties, used heavy equipment and fire p ower to lay waste to the Chechen capital Grozny and The armed conflict in Chechnya that began in September 1999 is many other towns and villages. The loss of life, mostly civilian, and well into its fourth year. Despite repeated pledges by the author- the damage to prop e r ty was terrific Ð today most towns are still in ities in Moscow that they would do their best to improve the ruin.
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