Jurist

Cuba: investigate death of political prisoner

Several non-governmental organizations on Dec. 3 demanded access to Cuban prisons, calling for international support following the death of a man imprisoned for participating in the July 2021 anti-government demonstrations on the island.

Several NGOs including Justicia 11J and the Centro de Documentación de Prisiones Cubanas (Cuban Prison Documentation Center), operated by Mexico-based non-profit organization Iniciativa para la Investigación y la Incidencia (Research & Advocacy Initiative), released statements denouncing the conduct of the Cuban authorities and demanding access to Cuban prisons to ensure an end to the systemic violation of prisoners' rights. Justicia 11J and the Center for a Free Cuba urged "governments, the United Nations, international human rights organizations and medical associations around the world" to "pressure the Cuban regime" and "provide the International Committee of the Red Cross (ICRC) access to all Cuban prisons," and to provide care and treatment for sick or injured prisoners.

ICJ hearings on state climate obligations

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, commenced hearings Dec. 2 on the obligations of states concerning climate change. The oral proceedings are scheduled to run for nine days at the Peace Palace in The Hague, Netherlands.

The request for an advisory opinion from the ICJ was submitted in March 2023, following the unanimous adoption of Resolution 77/276 by the UN General Assembly. The resolution sought the court's guidance on the obligations of sates to "ensure the protection of the climate system…for present and future generations," and the legal implications of "acts and omissions [that] have caused significant harm to the climate system." The second question especially addresses the international community's legal responsibilities to small island developing States, which are disproportionately threatened by the adverse effects of climate change.

ICC prosecutor seeks arrest of Burma military chief

The chief prosecutor at the International Criminal Court (ICC) filed an application Nov. 27 for an arrest warrant against Gen. Min Aung Hlaing, ruling military chief of Myanmar (Burma), on charges of crimes against humanity. ICC Prosecutor Karim AA Khan KC announced the move, citing "reasonable grounds to believe" that Min Aung Hlaing bears criminal responsibility for the deportation and persecution of Rohingya Muslims beginning in 2017. "The crimes were committed by the armed forces of Myanmar, the Tatmadaw, supported by the national police, the border guard police, as well as non-Rohingya civilians," Khan said in a statement.

Malcolm X daughters sue US over assassination

The daughters of civil rights leader Malcolm X filed a civil action Nov. 15 against the United States government, the City of New York, and the estates of various former federal agents for their alleged role in concealing, condoning and facilitating his assassination in 1965. The family is represented by noted civil rights attorney Ben Crump.

The suit accuses agents, officials and informants for the US Department of Justice (DoJ), the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI) and the New York City Police Department (NYPD) of acting "individually, jointly, and in conspiracy, to proximately cause" the assassination of Malcolm X. The complaint further accuses the government and various agencies of purposely failing to intervene in the assassination and working to cover up their involvement.

ICC seeks arrest of Benjamin Netanyahu

The International Criminal Court (ICC) on Nov. 21 issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and possibly-deceased Hamas military commander Mohammed Deif for war crimes and crimes against humanity. The court charged Netanyahu and Gallant with using starvation as a method of warfare and accused them of criminal responsibility for murder, persecution, and other inhumane acts in Gaza. Prosecutors said both Israeli officials intentionally deprived Gaza's civilian population of essential supplies and were responsible for attacks against civilians.

Guatemala liable for 1989 'disappearances'

The Inter-American Court of Human Rights released its ruling in the case of Pérez Lucas et al v. Guatemala on Nov. 14, finding the state responsible for the forced disappearance of four indigenous human rights defenders in 1989.

The court determined that Guatemala violated multiple rights under the American Convention on Human Rights when state agents forcibly disappeared Agapito Pérez Lucas, Nicolás Mateo, Macario Pú Chivalán, and Luis Ruiz Luis, who were indigenous K'iche Maya members of the Ethnic Communities Council "Runujel Junam" (CERJ). The victims worked to oppose forced recruitment into Civil Self-Defense Patrols in Guatemala's Quiché region.

Hong Kong: 45 activists sentenced for 'subversion'

The Hong Kong Court of First Instance on Nov. 19 sentenced 45 defendants for conspiracy to commit subversion, with prison terms ranging from 50 to 120 months, depending on their alleged roles in an unauthorized primary election staged by pro-democracy groups in 2020.

The case stems from pro-democracy activists' efforts beginning in January 2020 to gain a majority in Hong Kong’s Legislative Council. Their goal was to pressure the government to meet five demands: withdrawing a pending bill to ease extradition to mainland China, stopping the labeling of protests as "riots," dropping charges against activists, investigating police brutality, and implementing universal suffrage for Legislative Council and chief executive elections. In June 2020, Beijing imposed a National Security Law (NSL), broadly viewed as a means of stifling the ongoing protests. Hong Kong has in recent decades operated under a unique framework that grants it certain autonomy from mainland China's political system, an arrangement stemming from its 156-year history as a British colony before its 1997 handover to Chinese sovereignty.

Sudan war drives continued refugee exodus: UN

The war in Sudan is driving continued refugee flight, leading to a deepening humanitarian crisis in the greater region, the UN High Commissioner for Refugees (UNHCR) reported Nov. 8. The agency said that more than 3 million people have fled Sudan, seeking safety in neighboring countries, since the war began in April 2023. The refugees are faced with challenges of food shortages and continued rights violations such as killings, sexual violence and looting, as well as natural disasters such as flooding.

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