Jurist

Court allows Dakota Access Pipeline to proceed

The US Court of Appeals for the District of Columbia Circuit on Oct. 9 ruled (PDF) against Native American tribes, allowing construction on the Dakota Access Pipeline to move forward. The Standing Rock Sioux and the Cheyenne River Sioux tribes sought a permanent injunction to block construction of the 1,170-mile pipeline, which they say would be built on sacred burial grounds and would pose an environmental risk to the surrounding rivers. In its ruling, however, the court said the final decision will be up to the Army Corps of Engineers. The chairman of the Standing Rock Sioux Tribe said (PDF) the pipeline will endanger millions of lives, and that the tribe will continue to fight against it. The starement also noted that construction crews have already destroyed many historic burial sites and artifacts.

Guatemala: constitutional reform advances indigenous rights

The Office of the UN High Commissioner for Human Rights (OHCHR) in a press briefing Oct. 7 welcomed the presentation of a draft bill on constitutional justice reforms in the Guatemalan legislature. Stating that this "represents an historic opportunity to consolidate the remarkable progress the country has achieved in the fight against impunity and corruption in recent years," the OHCHR expressed hope that the bill would be swiftly approved by the Guatemala Congress. Among other things, the bill seeks to improve access to justice for women and indigenous peoples, recognize indigenous peoples' legal jurisdiction over internal matters, strengthen the independence and objectivity of judges and magistrates, and depoliticize the nomination and appointment of officials in the justice system.

Ex-Gitmo detainee maintains Uruguay hunger strike

Uruguay's Foreign Minister, Rodolfo Nin Novoa, on Oct. 7 urged a former Guantánamo prisoner, Jihad Diyab, to call off his hunger strike, stating that Montevideo is attempting to transfer him to another country. Diyab is a Syrian national who was held for 12 years in Guantánamo without being formally charged and was released in 2014 along with five other prisoners. Diyab started this strike two months ago demanding that he be reunited with his family. According to rights groups, Diyab is conscious although in weak physical condition. Novoa reiterated that his government will "continue looking for a better future for him and his family" and urged Diyab to abandon his hunger strike immediately.

Ex-CIA officials ordered to testify in torture suit

A judge for the US District Court for the Eastern District of Washington on Oct. 4 ruled (PDF) that four former high-ranking Central Intelligence Agency (CIA) officials must testify in depositions in a lawsuit against two psychologists who designed the CIA torture program. The American Civil Liberties Union (ACLU)  filed the lawsuit last year against James Mitchell and John "Bruce" Jessen, who allegedly designed torture techniques and persuaded the CIA to adopt these techniques as official practice. According to the lawsuit, they personally took part in many of the torture sessions and oversaw the entire program's implementation. The court order also requires the government to furnish documents requested by the psychologists. Although the federal government is not a party in the case, it filed motions to prevent the depositions, arguing that it could lead to an accidental disclosure of classified information. The court denied the request, and stated counsel for the parties must agree on scheduling the depositions and the best manner to conduct them efficiently.

Germany: no compensation in Afghan air-strike

Germany's Federal Court of Justice on Oct. 6 ruled that relatives of the victims of a 2009 air-strike in Afghanistan are not entitled to compensation. The court held that international law does not award damages or compensation for violations of international humanitarian law. Additionally, there is no legal basis for damages under German law because the scope of public liability does not extend to military missions abroad. The lawsuit concerned an air-strike ordered by Brig. Gen. Georg Klein near Kunduz, on Sept. 4, 2009. The air-strike killed 91, including many civilians. Germany has paid $5,000 to relatives of each civilian that died in the attack, but the victims' relatives were seeking additional compensation.

World Court turns down nuclear arms case

The International Court of Justice (ICJ) on Oct. 5 refused (PDF) to hear a claim by the Marshall Islands that the UK, India and Pakistan have failed to halt the nuclear arms race, finding that it does not have jurisdiction over the matter. The Marshall Islands was the site for numerous nuclear tests carried out by the US during the Cold War arms race, and claims that such experience allows it to testify on the danger of a nuclear arms race. The nation accused nine countries of not complying with the 1968 Nuclear Non-Proliferation treaty (PDF). However, the ICJ can only consider the cases for Britain, India and Pakistan, as China, France, Israel, North Korea, Russia and the US have not recognized the court's jurisdiction. The Marshall Islands claims that these countries have breached their obligations under the treaty, which commits all states with nuclear capabilities "to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament."

Court blocks Indiana from refusing Syrian refugees

The US Court of Appeals for the Seventh Circuit on Oct. 3 affirmed (PDF)  an Indiana district court ruling that blocked the state government's effort to prevent resettlement of Syrian refugee families in the state. The lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of Exodus Refugee Immigration. The complaint (PDF) alleged that Indiana Governor Mike Pence  violated the Constitution and federal law, specifically the Refugee Act, by attempts to interfere with resettlement of Syrian refugees. In an opinion by Judge Richard Posner, the Seventh Circuit agreed:

El Salvador reopens massacre investigation

A court in El Salvador will reopen an investigation into the Mozote massacre of 1981, according to human rights lawyers on the case Oct. 1. Lawyers from the Center for Justice and International Law (CEJIL) and other human rights groups requested the investigation on behalf of victims last month. CEJIL and other lawyers urged the Prosecutor General to consider his position opposing the investigation, because the Supreme Court of El Salvador, in striking down the country's amnesty law, recognized that the state has a duty to investigate grave violations of international human rights. The court is requesting information from the military regarding the operations in December 1981, including the identities of military officials in command positions at the time.

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