Jurist

UN report sees steep rise in Afghan civilian deaths

UN Assistance Mission in Afghanistan (UNAMA) mid-year report (PDF) released on July 31 indicated a 23% rise in the number of Afghan civilian casualties over the first six months of 2013 as compared to the same period last year. The report noted that many civilian deaths have been caused by the increased use of improvised explosive devices. Women and children are also increasingly the victims in the country's war, with a 30% increase in the number of children killed. Additionally, almost 75% of civilian deaths during this time period were caused by "Anti-Government Elements" such as Taliban fighters, who were increasingly targeting civilians that they viewed as cooperating with the government. The report calls on the Afghanistan government to "continue to disband and disarm all armed groups and to take measures to ensure accountability for human rights abuses carried out by these groups."

Bradley Manning found not guilty of aiding enemy, convicted of espionage

Military Judge Denise Lind on July 30 found Army Pfc. Bradley Manning guilty of violations of the Espionage Act for his disclosure of classified information to anti-secrecy organization Wikileaks. The judge, however, acquitted Manning of the more serious charge of "aiding the enemy." In 2010 Manning leaked more than 700,000 government documents, diplomatic cables and a controversial classified video of a 2007 US helicopter strike in Iraq that resulted in the deaths of numerous civilians and two Reuters journalists. The US Army formally charged Manning in July 2010, but his bench trial did not begin until last month at Fort Meade, Md., nearly three years after his initial arrest. Manning faces 136 months to life in prison. The court is expected to sentence Manning on later this week. Several advocacy groups have decried the verdict, with Wikileaks terming it "extremist," while members of the US government have praised it as evenhanded.

Colombia president: peace law constitutional

Colombian President Juan Manuel Santos on July 25 intervened in the public hearing of the Constitutional Court to defend the Framework for Peace, a constitutional amendment that brought about peace talks with the FARC rebels. Rights groups, including the Colombian Commission of Jurists (CCJ), challenged the amendment because it vests the congress with the discretion to decide which acts of war are applicable to the justice system. According to the CCJ and Human Rights Watch (HRW), this discretion could lead to loopholes that allow violent criminals to escape justice. Santos defended the amendment as a vital prerequisite for peace, "Our commitment to the expectations and rights of the victims is serious," Santos said. "It's not about sacrificing justice to reach peace but how to achieve peace with the most justice." The representative for the CCJ responded, "In this case the cure could end up being worse than the disease." The Constitutional Court's decision has not yet been released.

US court considers: Jerusalem part of Israel?

The US Court of Appeals for the District of Columbia Circuit  on July 24 ruled (PDF) that Israel cannot be listed as the place of birth on US passports for citizens born in Jerusalem. Section 214(d) of the Foreign Relations Authorization Act (PDF) requires the State Department to list "Jerusalem, Israel," as the birthplace for US citizens born in Jerusalem if the parents request. The appeals court found that § 214 is unconstitutional, basing its decision on the executive power of recognition, affirming that only the executive has the sole power to recognize a state. This decision now requires that section of the law to be reinterpreted, as Congress does not have the power to recognize foreign states. The office of the president has never recognized any one state as having jurisdiction over the city of Jerusalem, and as such, citizens born there cannot include a country name on their passport.

HRW protests Rwanda aid to Congo rebels

Human Rights Watch (HRW) reported on July 22 that the rebel group 23 March Movement (M23, see BBC backgrounder) in the Democratic Republic of Congo (DRC) is receiving assistance from Rwanda despite continued human rights abuses by the M23, including rape, executions and forced recruitment of young boys. HRW based its report on interviews with former M23 fighters who have abandoned the movement. According to the report, Rwanda is permitting the M23 rebels to recruit from within Rwanda and is giving material support to the rebels, including food, uniforms, ammunition and other supplies. While a panel of UN experts reported in June that Rwanda's support for the M23 is declining, HRW asserted that the support remains significant and called upon the UN and the US to urge Rwanda to halt support to the M23.

Kuwait court acquits politicians of insulting leader

An appeals court in Kuwait on July 22 overturned the criminal convictions of three former members of parliament for criticizing the Emir, the nation's leader. The Kuwait Society for Human Rights helped break the story internationally via Twitter, when its director posted a short statement regarding the acquittal. The three men were convicted in February of insulting Emir Shaikh Sabah al-Ahmad al-Sabah at a protest in October. As members of parliament, they initially spoke out against new election laws and several other issues dealing with flawed civil procedure. The same flaws they addressed later led to the dissolution of the parliament. The Kuwait government has not yet indicated if it will choose to appeal this decision to the supreme court.

China: authorities detain activist Xu Zhiyong

Chinese activist and lawyer Xu Zhiyong was arrested by authorities July 17 on suspicion of having "gathered crowds to disrupt public order." Xu, a law lecturer at the Beijing University of Posts and Telecommunications and founder of the Open Constitution Initiative (Gongmeng), was placed under house arrest on April 12. Xu's arrest came after President Xi Jinping pledged to increase efforts to combat government corruption. Xu was previously detained by Chinese police in 2009 on charges of tax evasion. Coinciding with Xu's arrest, earlier this week Wang Wenzhi, a reporter for the official Xinhua News Agency, accused China Resources (Holdings) chairman Song Lin of corruption. The article was later removed.

ICC orders Libya to turn over Qaddafi's son

The International Criminal Court (ICC) on July 18 rejected Libya's request to suspend the order to hand over Saif al-Islam Qaddafi, son of the late Moammar Qaddafi. It also ruled that its forum is more appropriate than the Libyan forum because of the accused's stated preference, genuine fear of bias, and the scope of crimes alleged by each prosecutor. The scope of the ICC's allegations is broader than that stated in the Libyan charges, allowing for a wider spectrum of evidence. The ICC ruled that the Libyan government failed to show how his appearance in the ICC would create an irreversible situation, as is required for the court to order such relief in a request to suspend appearance.

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