Jurist

Guatemala: ex-dictator can be tried —not sentenced

A Guatemalan court on Aug. 26 held that former dictator Efraín Ríos Montt can stand trial for genocide and crimes against humanity but cannot be sentenced because he suffers from dementia. The court held that a special closed trial can be held where all evidence and witness testimony will be presented with representative of Ríos Montt present. Ríos Montt's lawyers have an opportunity to appeal. This ruling comes after a Guatemalan court, earlier this month, ordered Rios Montt to undergo competency tests to determine whether he was fit to stand trial. In May the Guatemalan Congress approved a resolution denying any existence of genocide during the country's civil war.

Mauritania pressed on anti-slavery law

An independent UN human rights expert on Aug. 21 commended Mauritania for adopting a new law that establishes harsher sentences for slavery crimes, urging full implementation. The law adopted last week by the Mauritanian National Assembly doubles prison terms for slavery convictions, declared slavery a crime against humanity, and created tribunals to handle slavery prosecution cases. UN Special Rapporteur Urmila Bhoola said that the law is an important step on a road map toward eradicating slavery but insisted that "slavery and slavery-like practices can be eradicated only if the existing laws, policies and programs are implemented fully and effectively. This statement comes just one day after a court in Mauritania upheld  a two-year prison sentence for Biram Dah Abeid, an anti-slavery activist convicted of inciting trouble and belonging to an unrecognized organization.

US eases oil export ban

The US Department of Commerce on Aug. 14 agreed to allow limited crude oil trading with Mexico, easing a ban on crude exports that has been in place for 40 years. Members of the US Congress were informed by the Department of Commerce that it plans to approve an application by Petroleos Mexicanos (Pemex), Mexico's state-run oil company, to trade heavy oil pumped in Mexico for light crude pumped in the US. Despite applications from some dozen other countries, which were denied, Canada is the only other nation currently exempt from the ban. Unlike in the agreement with Mexico, Canada is not required to export similar crude quantities to the US. An end to the ban has been called for by both members of Congress and oil producers, including Exxon Mobil Corp.

Afghanistan: rise in women and children casualties

The UN on Aug. 5 said that a new report (PDF) shows a significant increase in the number of women and children being hurt or killed in Afghanistan's war with the Taliban and other insurgents. The number of total casualties in the conflict rose by approximately one percent in the first half of this year, but the number of women casualties has risen by 23% and the number of child casualties has risen by 13%. The director of the UN Assistance Mission in Afghanistan (UNAMA), Danielle Bell, stated that she believes the increase in casualties is due to ground fighting, and attributed 70% of the deaths to insurgents. Out of the over 4,900 civilian casualties in the first half of 2015, there have been 559 women casualties (164 deaths and 395 injuries) and 1,270 child casualties (320 deaths and 950 injuries).

Russia files revised bid for arctic territory

Russia's Ministry of Foreign Affairs on Aug. 4 announced they have submitted a revised bid claiming over 350 nautical miles of Arctic sea shelf to the UN Commission on the Limits of the Continental Shelf (CLCS). The country's previous bids in 2001 were rejected for lack of evidence. Under Article 76 of the UN Convention on the Law of the Sea (PDF), Russia now argues it has a right to extend its control up to 350 nautical miles. Canada, Norway, Denmark and the US are also attempting to claim territories in the Arctic. The sea shelf is believed to hold a large amount of oil and gas which Russia estimates could be worth up to $30 trillion.

Burundi rights activist latest injured in attacks

A Burundi human rights activist, Pierre Claver Mbonimpa, was shot and severely wounded by motorcyclists while in his vehicle on Aug. 3. Mbonimpa is the head of the Association for the Protection of Human Rights and Detained Persons (APRODH) and he was a very vocal opponent of President Pierre Nkurunziza's bid for a third term. Mbonimpa's shooting comes just one day after Gen. Adolphe Nshimirimana and his bodyguards were killed in a drive-by shooting. [Nshimirimana was a security advisor and close ally of President Nkurunziza.]

Judge rejects challenge from Gitmo detainee

A federal judge for the US District Court for the District of Columbia on July 30 rejected a legal challenge from a Guantánamo Bay detainee who claimed that his detention at the naval base was illegal. Muktar Yahya Najee al-Warafi from Yemen was captured in Afghanistan and has been held at Guantánamo since 2002. In his challenge, he claimed that his imprisonment was unlawful due to recent statement by President Barack Obama that hostilities between the US and the Taliban have ended. Warafi brought the action under the Authorization for Use of Military Force (AUMF), arguing that the stated end of hostilities made it unlawful to continue holding him. However, Judge Royce C. Lamberth wrote that the government had presented "convincing evidence that US involvement in the fighting in Afghanistan, against al-Qaida and Taliban forces alike, has not stopped... A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence." Warafi has yet to decide if he will appeal.

Libya court sentences Qaddafi son to death

A court in Tripoli sentenced Saif al-Islam Qaddafi, son of former Libyan leader Moammar Qaddafi, and eight others to death for war crimes dating back to the 2011 revolution. Twenty-three other defendants were handed sentences ranging from five years to life in prison. The sentence for Saif al-Islam was handed down in absentia, as he is currently detained by a militia in the city of Zintan. Saif al-Islam and others were accused of suppressing peaceful protests, inciting violence, and murdering protesters. The sentences have been criticized by many international advocacy groups, including Human Rights Watch, which stated the trial was "undermined by serious due process violations" and failed to deliver justice.

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