Jurist

ICC complaint filed over COVID-19

The Canadian Institute for International Law Expertise (CIFILE) has asked the prosecutor of the International Criminal Court (ICC) to investigate individual world leaders and the World Health Organization (WHO) for alleged international crimes relating to their handling of the COVID-19 pandemic. The group states that past disease outbreaks, including SARS, suggest that the director-general of the WHO should have notified nations well before the initial March 11 notification date. The complaint asserts that the response to the pandemic constitutes a "crime against humanity" under Article 7(k) of the Rome Statute. The complaint further states that the ICC may exercise jurisdiction over international crimes under Articles 12 and 13 when a member state of the ICC has been affected. Specifically the complaint cites Canada as an affected signatory to the Rome Statute.

Amnesty sees Russian-backed 'war crimes' in Syria

A report published by Amnesty International on May 11 found that the Syrian government, supported by Russia, committed a series of war crimes in northwest Syria in late 2019 and 2020. The report found that "attacks from the air and the ground repeatedly struck residential areas and crucial infrastructure." The findings are based on interviews of Syrians on the ground and international aid workers, as well as videos, photographs, satellite imagery, logs of aircraft observations and intercepted aircraft radio communication. The attacks mainly occurred in opposition-held areas of Idlib province, western Aleppo province and northwestern Hama province. The report documents 18 attacks in these areas on schools and medical facilities. The report calls these attacks "serious violations" of international humanitarian law.

Detainee amnesty as Iraq protests re-emerge

Iraq's Supreme Judicial Council ordered courts on May 10 to release all protesters jailed since anti–government demonstrations erupted last October. The Council cited Article 38 of the Constitution, which guarantees the right to protest so long as demonstrations do not involve acts "contrary to the law." The order comes days after new Prime Minister Mustafa al–Kadhimi addressed the nation, promising to "hold to account all those who shed Iraqi blood" during months of political unrest, and urging parliament to reform the electoral laws. Al–Kadhimi's address spurred a renewed wave of nationwide protests, demanding immediate government action on political reform.

Sudan outlaws female genital mutilation

Sudan's new government officially criminalized female genital mutilation (FGM) on April 29. The change is the result of an amendment to Sudan's Criminal Law Article 141. The act is defined as removing or reshaping "the female genitalia by cutting, mutilating or modifying any natural part of it leading to the full or partial loss of its functions." The punishment for committing female genital mutilation is to be three years imprisonment as well as fines.

Saudi Arabia abolishes flogging, execution of minors

Saudi Arabia's Supreme Court announced on April 25 that it has abolished flogging as a form of punishment, part of a series of reforms to advance human rights in the kingdom. These reforms follow "unprecedented international criticism" that Saudi Arabia received in 2019 for its human rights record, which included 184 executions, 84 of which were for non-violent drug crimes. Court-ordered floggings sometimes extended to hundreds of lashes, and the punishment could be imposed for offenses ranging from extramarital sex and breach of the peace to murder. In the future, the courts will have to choose between fines, imprisonment, or non-custodial alternatives, such as community service.

Bangladesh arrests fugitive in assassination of founder

Bangladeshi counter-terrorism authorities announced the arrest in Dhaka April 7 of Abdul Majed, who faces the death penalty for involvement in the 1975 assassination of the country's founder, Sheikh Mujibur Rahman. Independence leader "Bangabandhu" Rahman served as the country's first prime minister from 1971 until the 1975 coup in which he was killed along with his family. Only his daughters Sheikh Hasina Wazed and Sheikh Rehana Siddiq survived, as they were in West Germany at the time. Although forbidden from returning to Bangladesh during the subsequent 15-year period of military rule, Sheikh Hasina became prime minister in 1997 and then again in 2009. Majed has publicly admitted his involvement in the massacre, but, like the others involved, faced no legal consequences during the period of military rule. After Sheikh Hasina first became prime minister, Majed went into hiding. In 1998, he was tried in absentia and sentenced to death. The Supreme Court of Bangladesh in 2009 upheld the sentences of Majed and 11 others convicted in the case. In 2010, five of the convicts were hanged; five remain at large, and one has died of natural causes.

Netherlands to pay over Indonesia atrocities

The Hague District Court on March 25 ordered the Netherlands to pay compensation to the relatives of 11 men executed by Dutch soldiers in South Sulawesi in 1946 and 1947, during the 1945-49 Indonesian War of Independence. Ten of the cases under consideration were found to be summary executions; there was one case in which a man was randomly shot. The largest compensation, in the form of intangible damages of €10,000, was awarded to a man who witnessed his father's summary execution when he was a child. The relatives of other men were awarded material compensation for lost livelihood, varying from €123.48 to €3,634. The court explained that the amounts are low because many of the executed men were farmers who only earned about €100 a year. This judgment follows a series of “Indonesia cases,” which the Dutch courts have been hearing since 2011.

EU court rules three countries violated asylum deal

The European Court of Justice (ECJ) ruled April 2 that Poland, Hungary and the Czech Republic failed to uphold their obligations regarding refugee quotas as required by law. The countries could face financial penalties for their actions. In 2015 EU leaders established a refugee relocation program in response to the large numbers of asylum-seekers from war-torn Syria and elsewhere in the Middle East. EU countries were supposed to apportion a share of asylum-seekers among those that arrived in Greece and Italy. Poland and the Czech Republic, according to the ECJ, "failed to fulfill their obligations under European Union law" by not accepting the number of refugees they had promised.

Syndicate content