Jurist

Colombia: war with Nicaragua 'last resort'

The presidents of both Colombia and Nicaragua on Dec. 1 expressed hope for avoiding war and using dialogue to resolve a territorial and maritime dispute following a recent ruling (ruling) on the issue by the International Court of Justice (ICJ). The ICJ ended the dispute between the two nations by ruling that Colombia has sovereignty over a group of small islands in the western Caribbean, while Nicaragua has control over a large amount of the surrounding sea and seabed. Following the ruling Colombia withdrew  from the treaty binding the country to the ICJ's decisions. Both countries have placed warships in the disputed waters. Nicaraguan President Daniel Ortega stated that his country is discarding the use of force as an option and would use communication to achieve peace. Colombia's Juan Manuel Santos stated that war is a "last resort," and the way to fix the situation is through dialogue. Santos also stated that Colombia would seek to overturn the decision. Colombians have been protesting the ruling, staging nationwide marches.

Egypt: high court suspends work in face of protests

Egypt's Supreme Constitutional Court on Dec. 2 indefinitely halted its operations amid pressure from protestors aiming to block the judges from meeting to rule on the validity of the country's new constitution (PDF). Supporters of President Mohamed Morsi flooded the court, blocking the judges from entering and forcing them to delay hearing a case that would permit them to dissolve the constituent assembly that drafted the new constitution. The constitution was hurriedly approved Nov. 28 in anticipation of the scheduled hearing. On the day after the approval, Morsi set Dec. 15 for a referendum on the new constitution. Tens of thousands of moderate and conservative Islamists gathered around Cairo University in support for the constitution, cheering as Morsi announced the referendum. However, tens of thousands of liberal and secular protesters, who have been protesting Morsi for over a week after he issued a decree vastly expanding his powers, objected to the constitution-writing assembly, stating that the body was unrepresentative after liberal, secular and Christian members had left. Such protesters are calling for Morsi to abandon his decree and begin the constitution drafting process anew, but Morsi dismissed the idea of drafting a new constitution. Mass protests have been scheduled for this week.

War crimes tribunal acquits ex-KLA commander

The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) on Nov. 39 acquitted former Kosova Liberation Army (KLA) commanders Ramush Haradinaj, Idriz Balaj and Laji Brahimaj of all charges. Haradinaj (Kosova's former prime minister) was a commander of the KLA in the Dukagjin area of western Kosova; Balaj, a commander of a special operations unit known as the Black Eagles; and Brahimaj was deputy commander of the Dukagjin Operative Zone. In April 2008, the Trial Chamber originally acquitted Haradinaj of all charges, as was Balaj, but Brahimaj was convicted of mistreating a detainee and ordering the mistreatment of another, and was sentenced to six years. However, in July 2010, the ICTY Appeals Chamber reversed the judgments, finding that the Trial Chamber had failed to take sufficient steps to counter witness intimidation. The ICTY began the retrial in August 2011, with the prosecutor seeking a 20-year sentence for Haradinaj. However, the Trial Chamber rendered judgment in favor of the defendants, ordering for their immediate release.

ICC: Boko Haram in crimes against humanity

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has accused a group of Islamist radicals of committing crimes against humanity in Nigeria. According to the OTP's "2012 Report on Preliminary Examination Activities" (PDF), there is a reasonable basis to conclude that Boko Haram, an Islamist militant group that endeavors to create an Islamic state, has violated several provisions under Article 7 of the Rome Statute since launching a widespread attack in July 2009 that has resulted in the killing of more than 1,200 Christian and Muslim civilians throughout Nigeria.

Argentina fights US order to pay $1.33 billion debt

The Economic and Finance Minister of Argentina, Hernán Lorenzino, held a press conference Nov. 22 indicating Argentina's intent to appeal a US judge's ruling ordering it to pay $1.33 billion to bondholders. District Judge Thomas Griesa for the US District Court for the Southern District of New York in his decision stated that "Argentina must pay the debts it owes." Lorenzino, in response to the ruling, stated during the press conference that the ruling was unfair and that Argentina will seek any and all methods to protect the country's interest. In addition, Lorenzino indicated that Argentina will appeal the ruling to the US Supreme Court if necessary and is willing to resort to any international body available.

India executes last gunman from Mumbai attacks

The only surviving shooter from the 2008 Mumbai terrorist attacks was executed at a prison in India Nov. 21 hours after President Pranab Mukherjee finally rejected the gunman's clemency appeal. Pakistani national Mohammad Ajmal Kasab was hanged and buried in the prison yard in the central Indian city of Pune just days before the fourth anniversary of the Mumbai attacks. Kasab was convicted in May 2010 on more than 80 charges of waging war against India, multiple murders and conspiracy for his participation in the attacks, during which the group of gunmen killed more than 160 people in three days of targeted assaults on luxury hotels, Mumbai's main railway station and a Jewish cultural center.

Afghan president claims US violating detainee pact

Afghanistan's President Hamid Karzai said Nov. 18 that US forces were capturing and holding Afghans in violation of a detainee transfer pact and that US forces should turn over that responsibility to Karzai's forces. Karzai's statement urged Afghan officials to make efforts towards toward obtaining entire responsibility for Bagram Prison. Listed abuses included Afghan detainees held by US forces despite Afghan rulings to the contrary and the continued arrest of Afghans by US forces. The statement comes less than a week after negotiations began on a bilateral security agreement that will govern US military presence in the country after the majority of US troops withdraw from Afghanistan after 2014. The US has delayed the handover of detention facilities to Afghanistan citing both lack of preparation by Afghan leaders in detention center management and discrepancies over treatment of detainees the US deems too dangerous to release. Both countries agreed to sign the bilateral security agreement within a year.

Burma frees 452 (political?) prisoners

Burma announced on Nov. 14 that it has freed 452 prisoners ahead of a visit by US President Barack Obama. Burma's state-run media reported that the government has released the prisoners on humanitarian grounds and as a goodwill gesture by the nation. However, Burma's main opposition party, the National League for Democracy (NLD) criticized the government's move, saying that the government has not released any of the estimated 330 political prisoners currently incarcerated in Burma. It is unclear if any of the 452 prisoners released are political ones because the government has not provided details on which prisoners have been freed. Obama is scheduled to visit Burma on Nov. 19.

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