Jurist

UN SG questions legality of US strike on Syria

UN Secretary-General Ban Ki-moon on Sept. 3 questioned the legality of the US plan to strike Syria. Ban stated  that the use of force is lawful only in two very limited circumstances: (1) when used in self-defense according to Article 51 of the UN charter or (2) when the UN Security Council (UNSC) approves such action. Ban questioned whether the planned use of force would solve the situation in Syria, adding that such use would cause more damage. Ban noted that UN inspectors are deployed to investigate whether chemical weapons have been used in Syria. According to Ban, the UNSC would be able to overcome its differences and take action once investigations are done. A potential US strike has been opposed by Russia. President Vladimir Putin on on Sept. 4 warned the US and its allies to take any unilateral action. However, he stated that he may support the UN action once investigations confirm use of chemical weapons. 

HRW: Syria continuing use of cluster bombs

The Syrian government is currently using cluster munitions in its ongoing conflict, according to a report issued Sept. 4 by the Landmine and Cluster Munition Moniter (LCMM), an organization co-founded by Human Rights Watch (HRW). Cluster munitions are banned under two separate treaties, in 1997 (Mine Ban Treaty) and 2008 (Convention on Cluster Munitions). The latest report identified more than 200 cluster munition sites in Syria, charging: "Syria is persisting in using cluster bombs, insidious weapons that remain on the ground, causing death and destruction for decades... Meanwhile, other countries around the world that have joined the treaty are showing a strong commitment to get rid of cluster bombs once and for all." Neither Syria nor the US have signed either treaty.

US awards $15 million to Somali torture victim

A judge for the US District Court for the Southern District of Ohio on Aug. 20 awarded (CJA press release, PDF) $5 million in compensatory damages and $10 million in punitive damages to a victim of torture at the hands of a Somali military colonel some 25 years ago. Judge George Smith determined in November that constitutional law professor Abukar Hassan Ahmed was arbitrarily detained by Col. Abdi Aden Magan's subordinates for three months in 1988. The Center for Justice and Accountability (CJA) filed a lawsuit on behalf of Ahmed in 2010, when Magan was residing in Ohio. This is the largest amount ever awarded in a US court for the torture of one individual by another, but since Magan has left the US it is uncertain whether Ahmed could ever actually receive any damages. Ahmed currently serves as an adviser to the president of Somalia.

HRW: Hamas must end death penalty for youth

Human Rights Watch (HRW) on Aug. 20 called on Hamas authorities in the Gaza Strip to halt all executions, especially those of child offenders. HRW is especially concerned with the specific case of Hani Abu Aliyan, an adult prisoner sentenced to death for the murder of a peer while he was a minor. Aliyan was convicted using a confession he alleges was produced under torture. Joe Stork, acting Middle East director at HRW, reflected on the precedent that such an execution would establish. "Imposing the death penalty for a crime committed by a child makes the executions under Gaza's abusive justice system especially atrocious," he said. "If the authorities want to deter criminals, they should make sure people are convicted for what they did, not what they are tortured to confess." Israel Jaber, the prosecutor general for Hamas in the Gaza Strip, has defended the court system, insisting that torture does not occur and that all convictions are the result of due process.

China authorities detain human rights advocate

Chinese writer, lawyer and human rights advocate Yang Maodong, commonly known by his pen-name Guo Feixiong (HRIC profile), on Aug. 17 became the second leader of the New Citizens movement to be arrested on suspicion of disrupting the peace. This follows the detainment of fellow New Citizens leader Xu Zhiyong  in July, in what appears to be a targeted crackdown on the human rights movement. Yang's family noted a recent lack of communication starting earlier this month, but were unable to confirm he was missing until his sister received a message from the Tianhe branch of the Guangzhou police in southern China on Saturday that he was detained nearly two weeks ago. These arrests are thought to be connected to publication of Xu's latest article, calling for a political revolution, as well as protests against newspaper censorship led by Yang. The two leaders are deeply involved in several rights campaigns, including Chinese Human Rights Defenders  and Pen International.

UN SG: US drone strikes must comply with international law

UN Secretary-General Ban Ki-moon on Aug. 13 insisted that US drone strikes must operate within international law. The secretary-general hailed the country's lead role in UN peacekeeping operations and addressed the controversial weapons in a speech at the National University of Science and Technology in Islamabad, stating, "[a]s I have often and consistently said, the use of armed drones, like any other weapon, should be subject to long-standing rules of international law, including international humanitarian law. This is the very clear position of the United Nations. Every effort should be made to avoid mistakes and civilian casualties."

Bahrain blogger's lawyer detained: rights group

A human rights activist for Frontline Defenders on Aug. 9 reported that the lawyer representing a Bahraini blogger held by authorities has been detained himself days after alleging his client had been tortured while in police custody. Abdul Aziz Moussa is representing Mohamed Hassan, who acted as a media contact point for various foreign news stories, which included coverage of anti-government protests and police crackdowns in Bahrain. Hassan was taken from his home in July by men associated with the Ministry of Interior and detained incommunicado at the Criminal Investigation Department. Moussa was detained on August 8 after he reported on Twitter the visible signs of torture he had seen on his client Hassan. Front Line Defenders considers that the arrest and detention of Hassan and Moussa to be directly related to their activities in defense of human rights.

Chile: judge rejects prosecution of ex-general

Chilean judge Mario Carroza on Aug. 5 rejected a request by human rights lawyer Eduardo Contreras to prosecute former general Fernando Matthei for murder. Matthei oversaw the military facility where Gen. Alberto Bachelet was tortured to death in 1973 after Bachelet refused to support the military coup lead by Augusto Pinochet. Contreras has attempted to bring charges against Matthei before and argued that new evidence has come to light which shows that Matthei was aware of Banchelet's death. However, Carroza ruled that there were insufficient grounds to prosecute. Contreras frequently represents families who were victimized during Pinochet's regime and has stated his intention to appeal the decision. Both of the generals' daughters, Evelyn Matthei and Michelle Bachelet, are opponents in the upcoming Chilean presidential election.

Syndicate content