Jurist
ICC hears first case on cultural crimes
The International Criminal Court (ICC) in The Hague opened the confirmation of charges against Ahmad al-Faqi al-Mahdi for destruction of religious and cultural heritage on March 1. The charges levied against al-Faqi, an alleged member of Islamic terrorist group, Ansar Dine, and an important figure in the jihadist occupation of Timbuktu, signal what appears to be the first-ever war crimes trial addressing attacks against cultural heritage. Specifically, the charges state that al-Faqi is criminally responsible, either himself or through his assistance, for "intentionally directing attacks against buildings dedicated to religion and/or historical monuments in Timbuktu," including nine mausoleums and the Sidi Yahia Mosque.
Ex-Gitmo chief ignores French court summons
Former head of the detention center at Guantánamo Bay, US Army Major General Geoffrey Miller, failed to appear before a French court on March 1 to answer a subpoena (PDF) to appear for questioning on his involvement in the torture of two French detainees. French citizens Mourad Benchellali and Nizar Sassi brought the case, challenging their treatment during their detention from 2001-2004 and 2001-2005, respectively. A French court overturned their terrorism convictions in 2009. While acknowledging that the general will most likely never appear before the French court, Benchelli and his lawyer agree that the issuance of the subpoena is a victory in itself.
Turkey releases journalists charged with espionage
Two Turkish journalists were released from Silivri prison early Feb. 26 after Turkey's Constitutional Court ruled that the detention violated their personal liberty, security, and freedom of expression and press. Can Dundar and Erdem Gul, employees of the Turkish daily newspaper Cumhuriyet, were arrested last November for reporting in 2014 that Turkish trucks were smuggling arms to Islamist groups in Syria. The Turkish government denied the allegations and later made contradictory claims that the trucks were carrying humanitarian aid or ammunition to rebel groups. Subsequently, President Recep Tayyip Erdoğan filed a claim against the reporters and accused them of cooperating with FETO, a secret movement intending to falsely link the Turkish government to terrorist groups. Though Dundar and Gul have been freed, they still face the government's charges and must stand trial on March 25.
Argentina: prosecutor's death classified homicide
Argentine lawyer and federal prosecutor Alberto Nisman was the victim of murder according to Criminal Appeals Court Prosecutor Ricardo Sáenz in a Feb. 25 decision. The declaration is the first time a judicial authority has suggested the death as a homicide since the mysterious tragedy in January 2015. Sáenz recommended that the case be handed to federal authorities and investigated as a murder. The prosecutor wrote that he agreed with the assassination theory that Nisman's family presented in a complaint to the appeals court in Buenos Aires and that all the evidence points to Nisman's death as a murder, not a suicide. Judge and Nisman's former wife, Sandra Arroyo Salgado, also maintains that the case be handed over to federal authorities in order to fulfill their role as the country's institution for investigating the suspicious death of a public servant. The court will evaluate Sáenz's findings on March 18.
Guatemala: harsh terms for crimes against humanity
A retired lieutenant colonel and a former paramilitary were sentenced to 120 years and 240 years in prison, respectively, for sexual slavery and other crimes against humanity during Guatemala's civil war. In a Feb. 26 ruling, Judge Jazmin Barrios found that the actions of retired Lt. Col. Esteelmer Francisco Reyes Girón and former paramilitary Heriberto Valdez Asij did "irreparable harm." Reyes and Valdez were tried for murder, forced disappearances and the sexual enslavement of multiple women. The court also found that the women's husbands and children had been forcibly disappeared.
Pakistan braces for unrest after assassin's execution
Pakistani authorities on Feb. 29 prepared for civil unrest after the execution of Malik Mumtaz Hussain Qadri in a high-security prison in Rawalpindi. Qadri was the convicted killer of a former governor of the Punjab province, Salmaan Taseer, who campaigned for changes to the country's blasphemy laws, asserting they were used to persecute religious minorities. Qadri, who served as Taseer's bodyguard at the time of the murder, later claimed it was his religious duty to kill the former governor. Authorities feared protests and potential violence after the execution because Qadri had gained the status of a political hero for some Islamist groups, who believe that the mere suggestion of political reform should amount to a capital crime. After Qadri's execution, security forces were put on high alert and there were riot police present around Qadri's residence.
Libya: UN report sees possible war crimes
The UN released a report on Feb. 25 detailing a "litany of violations and abuses" being committed by both state and non-state actors in the current Libyan conflict that may amount to war crimes. The report (PDF), compiled by the Office of the High Commissioner for Human Rights, found that atrocities such as sexual assault, gender-based violence, unlawful killings, violent attacks and other abuses have been occurring with impunity since the beginning of 2014. The report found that not only are state actors participating in the chaos, but also multiple non-state militia groups. The report particularly highlights harassment, kidnapping, and murders of activists and journalists. The report notes a lack of effective oversight or accountability by state authorities in relation to the violations, and sees a failure by authorities to provide remedies to victims or to take measures to prevent future violations.
Obama delivers Gitmo closure plan to Congress
US President Barack Obama delivered his plan to close Guantánamo Bay (PDF) to Congress on Feb. 23. This plan comes seven years after Obama first announced he planned to shut down the prison by the end of his presidency. Under the proposed plan, detainees not fit for US prosecution or deportation would be transferred to a yet-undisclosed detention facility in the US. The plan also prioritizes transferring detainees to their home countries when possible, or resettlement in third countries. The plan states that "closing the Guantánamo Bay detention facility is a national security imperative. Its continued operation weakens our national security by furthering the recruiting propaganda of violent extremists, hindering relations with key allies and partners, and draining Department of Defense resources."
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