Jurist
ICC rules Afghanistan investigation may proceed
Pre-Trial Chamber II of the International Criminal Court (ICC) on Oct. 31 authorized prosecutors to resume their investigation into atrocities committed in Afghanistan since May 1, 2003, following a two-year hiatus. The Chamber found "that Afghanistan is not presently carrying out genuine investigations." The Chamber emphasized that the authorization is limited to crimes falling within the conflict as it existed at the time of the original investigation request in November 2017. The Chamber rejected that request in April 2019. This decision was overturned by the Appeals Chamber in March 2020. However, the investigation was halted following a request from the government of Afghanistan. ICC prosecutor Karim AA Khan sought to review the deferral in September 2021. At that time, Khan said he concluded, "there is no longer the prospect of genuine and effective domestic investigations into Article 5 crimes within Afghanistan."
UN documents damage of cultural sites in Ukraine
A preliminary report from the United Nations Educational, Scientific & Cultural Organization (UNESCO) on Oct. 25 revealed the extent of damage to Ukraine's cultural heritage since Russia invaded in February. UNESCO verified damage to 207 cultural sites, including 88 religious sites, 15 museums, 76 buildings of historic or artistic interest, 18 monuments, and 10 libraries. The report is sourced from satellite images taken before and after the start of the war by both the UN and private companies. UNESCO defines cultural properties under Article 1 of the 1954 Hague Convention (Convention for the Protection of Cultural Property in the Event of Armed Conflict). The worst damage was found to be in Donetsk region, now declared annexed by Russia, with 59 damaged sites.
Turkey: hundreds of refugees deported to Syria
Human Rights Watch on Oct. 24 reported that Turkish authorities arbitrarily arrested, detained and deported hundreds of Syrian refugee men and boys between February and July 2022. The report found that refugees are arrested in their homes, workplaces and on the street, then detained in harsh conditions, and forced over the border to Syria.
UN report: occupation of Palestine 'unlawful'
The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, on Oct. 20 released its second report, stating there are "reasonable grounds to conclude that the Israeli occupation of Palestinian territory is now unlawful under international law due to its permanence and the Israeli Government's de-facto annexation policies." The commission called for the UN Security Council to bring to an end the "illegal situation resulting from the permanent occupation imposed by Israel" and require Israel to bring "its permanent occupation to an end immediately."
Nigeria drops 'terrorism' charges against Biafra separatist
The Nigerian Court of Appeal on Oct. 13 dismissed all terrorism charges against Nnamdi Kanu, the leader of separatist group the Indigenous People of Biafra (IPOB). Nigerian authorities have identified IPOB as a "terrorist organization," but international organizations including the Council on Foreign Relations disagree with the designation, and are urging the US not to adopt it.
UN appoints rapporteur on human rights in Russia
The UN Human Rights Council on Oct. 7 voted to create a special rapporteur on human rights in Russia. The resolution was adopted on a vote of 17 in favor, 6 against, and 24 abstentions. The Council authorizes the rapporteur to operate for a year, with a mandate to monitor the rights situation in the Russian Federation; to collect, examine and assess relevant information from all stakeholders; to make recommendations; and to present comprehensive reports to the Council and to the General Assembly. The Council also strongly urged the Russian authorities to comply with all obligations under international human rights law.
ICC war crimes trial for CAR militia leader opens
The International Criminal Court (ICC) opened a trial Sept. 26 against Mahamat Said Abdel Kani, a leader of the Séléka rebel group, for crimes humanity and war crimes in violation of the Rome Statute. Said allegedly committed these crimes in Bangui, capital of the Central African Republic (CAR), in 2013. Said pleaded not guilty to all charges.
Uyghur Tribunal accuses China of genocide
The Uyghur Tribunal, a "people's tribunal" established in the UK, on Sept. 27 appended a December 2021 judgment, incorporating nearly 300 additional pages of historical background, legal definitions and evidence. The stated purpose of the tribunal is to investigate "ongoing atrocities and possible genocide against the Uyghur people" in the People's Republic of China, although the tribunal has no force of law.
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