Jurist
Senate bill to halt release of Gitmo inmates
A group of US senators on Jan. 13 proposed legislation (PDF) that would place a moratorium on the release or transfer of prisoners from Guantánamo Bay. Republican Senators Kelly Ayotte (NH), John McCain (AZ), Lindsey Graham (SC) and Richard Burr (NC) touted the new bill as the best course of action to protect US national security. The act, titled "The Detaining Terrorists to Protect America Act of 2015," would halt all releases of Guantánamo detainees with high or medium risk ratings, issue more prohibitions ontransfers and provide more transparency on how detainees' risk levels are determined. Ayotte stated, "It's clear that we need a 'time out' so that we do not re-confront the terrorists that we had captured and are currently in Guantánamo." The new legislation will place pressure on the White House as the Obama administration released 28 prisoners from Guantánamo in 2014.
Guatemala postpones ex-dictator's genocide retrial
The retrial of former Guatemalan dictator Efrain Rios Montt on charges of genocide and crimes against humanity was delayed on Jan. 5. Two of the three judges on the panel accepted the defense's motion that the third judge, Judge Jeannette Valdez, should recuse herself from the trial on the grounds that she is biased because she wrote her master's thesis on genocide. Rios Montt is being tried for ordering military operations that led to the torture, rape and murder of 1,771 indigenous Ixil Mayan between 1982 and 1983, part of Guatemala's bloody 1960-1996 civil war. Rios Montt was convicted on these charges in 2013 and sentenced to 80 years in prison, but 10 days later his sentence was overturned by the Constitutional Court on procedural grounds and a retrial was ordered.
Human rights lawyer imprisoned in Tajikistan
A court in Tajikistan on Jan. 13 sentenced Sukhrat Kudratov, an award-winning human rights lawyer, to nine years in prison for bribery and fraud. Kudratov, who was named human rights defender of the year in 2011 by the Bureau for Human Rights and Rule of Law, represented political official Zaid Saidov in 2013 after he was arrested for starting a new political party. Before his arrest in July 2014, Kudratov also represented victims of torture, political activists and accused religious extremists. Many see Kudratov's imprisonment as a warning against criticism of the authoritarian government. Steve Swerdlow of Human Rights Watch (HRW) called the action "a serious setback for the freedom of expression."
Uganda rebel commander to be transferred to ICC
After days of discussions, the Ugandan military decided on Jan. 13 to send Dominic Ongwen, a rebel leader with the Lord's Resistance Army (LRA), to trial in the International Criminal Court (ICC) for war crimes and crimes against humanity. The ICC has sought to try Ongwen, who is thought to be the second-in-command to Joseph Kony, since 2005 when an initial warrant of arrest was issued. He is accused of enslavement and directing attacks against civilian populations, among other charges, for his actions in the early 2000's in which thousands were killed and children abducted to be used as soldiers or sold as sex slaves.
Shell agrees to settlement in Niger Delta oil spills
Royal Dutch Shell on Jan. 7 reached a settlement in a lawsuit concerning the Niger Delta oil spills of 2008. The settlement, totaling $84 million, will be divided between 15,600 individuals who will receive $3,300 each as compensation for losses caused by the spills. The remaining $30 million will be disbursed throughout the community, which also suffered significant damage from the spills. Rights group Amnesty International noted that this settlement is "an important victory for the victims of corporate negligence," but expressed disappointment that it took six years for the victims to be compensated. They argue that Shell knew that the oil spills [which took place near Bodo in October and December 2008] were a distinct possibility since 2002 and took no "effective" action to prevent them from occurring. However, the managing director of the Shell Petroleum Development Company of Nigeria Limited, Mutiu Sunmonu, contends that they have taken responsibility for the spills from the beginning, and that the spills were due to operational pipe failure. AI also accused Shell of making false claims about the impact of the oil spills in documents presented to a UK court in November. They state that Shell claimed that only 4,000 barrels of oil spilled for both spills but AI believes the number is closer to 100,000 barrels for the first spill alone.
US sentences Muslim cleric to life imprisonment
The US District Court for the Southern District of New York on Jan. 9 sentenced Egyptian-born Muslim cleric Abu Hamza al-Masri (BBC profile) to life in prison for supporting terrorism. Hamza was convicted and found guilty of 11 criminal charges in May. The charges included planning to establish a jihad training camp in Oregon, conspiring to kidnap Americans in Yemen by enabling hostage-takers to speak on a satellite phone, and supplying the Taliban with goods and services. Judge Katherine B. Forrest characterized al-Masri's actions as "barbaric," and said she could not imagine a time in which his release would be safe.
Ex-Gitmo detainee conviction overturned
The convening authority for the Office of Military Commissions, retired Marine Major General Vaughn A. Ary, on Jan. 9 overturned the terror conviction against Sudanese national Noor Uthman Muhammed (charge sheet, PDF) and dismissed the charges against him. Muhammed was accused of working as a weapons instructor and logistician in Afghanistan, and pled guilty to charges of providing material support for terrorism and conspiracy to provide material support for terrorism in February 2011. The US Court of Appeals for the DC Circuit [official website] ruled in two subsequent, unrelated cases that trials for terrorist detainees should not be conducted by military commission (Bahlul v. US; Hamdan v. Rumsfeld) unless the crime was recognized as a war crime at the time it was committed. The DC Circuit decisions, binding on military commissions, required the convening authority to dismiss the findings and sentence against Muhammed.
UN issues report on CAR war crimes
The UN published a report (PDF) Jan. 8 finding that acts committed in the Central African Republic (CAR) constituted war crimes and crimes against humanity, but not genocide. The report summarized the investigation of the situation in the CAR, which began in December 2013. The purpose of the investigation was to identify and hold accountable perpetrators of violations against humanitarian law. The report states that holding perpetrators accountable will help bring an end to impunity in the CAR, which contributed to the cycle of violence in the country. The report identifies the responsible actors as members of the CAR Armed Forces under President Francois Bozizé and the principal militia groups Séléka and anti-Balaka. While the report concludes that the crimes committed do not meet the threshold required to be considered genocide, it holds the principal actors responsible for serious humanitarian offenses including rape and the ethnic cleansing of the Muslim population.












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