Jurist

ICC investigating both sides in Libya war: report

International Criminal Court (ICC) prosecutor Fatou Bensouda is collecting evidence for possible new war crimes charges against Moammar Qaddafi supporters and opposition groups arising out of crimes committed during last year's civil war. According to an exclusive Associated Press interview, the ICC is specifically investigating crimes committed by rebel forces against Qaddafi loyalists and residents of Tawerga as well as further evidence against members of the former Qaddafi government. Tawerga was used to launch attacks on Libya's commercial capital, Misrata. The ICC is looking into allegations that rebel forces subjected civilians in Tawerga to killings, looting, torture and forced displacement. Bensouda also discussed Saif al-Islam Qaddafi, who is currently being held by a militia group until he will stand trial. She urged the group to allow Saif al-Islam access to a lawyer and, while she encouraged the group to allow the ICC to prosecute him, should Libya proceed with the national trial the ICC "will continue to monitor what Libya is doing."

Court dismisses torture suit against Rumsfeld

The US Court of Appeals for the Seventh Circuit, sitting en banc Nov. 7, ruled that two US citizens cannot sue former defense secretary Donald Rumsfeld for alleged torture by US soldiers in Iraq. The plaintiffs, who worked for a private security firm in Iraq, were arrested in 2006 by military personnel after being suspected of dealing arms. The plaintiffs alleged they were subject to torture in military prison, including sleep deprivation, extreme temperatures, and denial of food and water. In their lawsuit, the plaintiffs argued that Rumsfeld authorized harsh interrogation methods in Iraq and that victims of torture should be able to establish a private right of action against government officials. The Seventh Circuit rejected this argument as unworkable and contrary to the government's national security interests:

ACLU urges Obama to close Gitmo in second term

The American Civil Liberties Union (ACLU) called on US President Barack Obama early on the morning after his re-election Nov. 7 to shut down the Guantánamo Bay military prison, even as it congratulated him on his victory. Anthony Romero, executive director of the ACLU, urged Obama to "make good the promise he made four years ago to close the prison at Guantánamo Bay." He also encouraged Obama to put an end to practices such as warrantless surveillance, drone strikes and indefinite detention:

Turkish court opens trial against Israeli commanders

A Turkish court on Nov. 6 opened a trial in absentia for former Israeli military commanders accused of killing nine Turkish citizens aboard a ship attempting to pass through the Gaza blockade in 2010. The Turkish judge began the proceedings with testimony from people who were on board the flotilla, as well as from relatives of the deceased. Prosecutors have demanded life in prison for the Israeli commanders involved in the May 2010 raid to enforce the naval blockade of the Gaza Strip. The case illustrates tension between Turkey and Israel, which have previously maintained close diplomatic ties. Israel has criticized the trial of the four Israeli commanders, dismissing the proceedings as politically motivated. Hundreds of protestors showed up outside the courthouse to voice their opposition to the actions of the commanders. Turkey has demanded an end to the Gaza blockade, a formal apology and compensation for the victims and their family.

Bahrain upholds convictions of teachers for organizing strike efforts

A Bahrain appeals court upheld verdicts against two teachers on Oct. 22 for organizing a teachers' strike early last year to support anti-government protests. At their first hearing in front of a military tribunal, the pair were convicted of using their positions as vice-president and president of the Bahrain Teachers' Association (BTA) to attempt to overthrow the Bahraini government through a teachers' strike that halted the educational process and "incited hatred" against the regime. No evidence has been presented that they used or advocated violence of any means, according to an Amnesty International backgrounder. Mahdi 'Issa Mahdi Abu Dheeb was sentenced to five years in prison while Jalila al-Salman was given a six-month sentence. Abu Dheeb has been detained for 18 months. Al-Salman was in confinement for five months but was released on bail. However, al-Salman has alleged torture while being detained.

Egypt prosecutor orders probe of election fraud

Egyptian Prosecutor-General Abdel Maguid Mahmoud on Oct. 22 ordered an investigation into allegations of forgery during the recent presidential elections. The order came after former Egyptian prime minister Ahmed Shafiq made allegations that ballots were forged and votes were bought by current president Mohammed Morsi. Shafiq added that previous investigations into the allegations were stopped without justification by the presidential election commission. Shafiq, who left for the United Arab Emirates right after his loss in the elections, has faced corruption charges of having misused public funds while in office as minister of civil aviation during the 30-year regime of ousted president Hosni Mubarak. Shafiq has argued that the charges against him are politically motivated. He has also noted that he will remain politically active and return to Egypt soon. The call for the investigation came after Egyptian authorities seized Shafiq's assets as part of his corruption investigation.

Accused USS Cole bomber boycotts pretrial hearing

Guantánamo Bay detainee Abd al-Rahim al-Nashiri on Oct. 23 boycotted his pretrial hearing at the facility. Al-Nashiri is accused of bombing the USS Cole while it was in port in Yemen in October 2000. Al-Nashiri objected to the use of belly chains while he was brought from his cell to the courtroom for the proceedings. Navy officials have stated that while belly chains are used when moving certain detainees within the facility, they would not have been used on al-Nashiri before this week's hearing. The hearing was to determine if Yemen was at war with the US at the time of the bombing, a decision that will be used to determine al-Nashiri's status as an enemy combatant.

UN experts urge Colombia to reconsider reform of military criminal law

United Nations independent human rights experts on Oct. 22 urged Colombian authorities to reconsider proposed constitutional reforms affecting the military criminal law. Eleven experts, comprising the Special Procedures mandate-holders of the Human Rights Council of the UN, wrote an open letter to the government of Colombia expressing their concern that the proposed reforms could prove harmful to administering justice for alleged violations of human rights by allowing military or police institutions rather than independent investigators to be the first to determine the existence of elements of crimes:

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