Jurist

UN experts: refer Yemen war crimes to ICC

A UN group of experts has called on the Security Council to refer human rights violations and war crimes committed in the ongoing Yemen conflict to the International Criminal Court. The Group of Eminent Experts on Yemen concluded in a report released Sept. 8 that the governments of Yemen, Saudi Arabia, the United Arab Emirates, and the Southern Transitional Council are responsible for rights violations including "arbitrary deprivation of life, enforced disappearances, arbitrary detention, gender-based violence, including sexual violence, torture and other forms of cruel, inhuman or degrading treatment, and the recruitment and use in hostilities of children." The report also alleges that "de facto authorities" in the capital Sana'a (the Houthi rebels) are responsible for the same violations.

US imposes sanctions on ICC chief prosecutor

US Secretary of State Mike Pompeo on Sept. 2 announced economic sanctions against the chief prosecutor of the International Criminal Court (ICC), Gambian lawyer Fatou Bensouda. Characterizing the ICC as "a thoroughly broken and corrupted institution" and noting that the United States is not a member of the court, having never ratified the Rome Statute, Pompeo condemned what he called the ICC's "illegitimate attempts to subject Americans to its jurisdiction," referring to Bensouda's investigation into possible war crimes committed by US forces in Afghanistan.

Israel high court: settlement must be removed

The Supreme Court of Israel ruled Aug. 27 that a Jewish settlement in the occupied West Bank had been built on land that was privately owned by Palestinians, and as a result, the settlement had to be removed. The case involved the settlement of Mitzpe Kramim, an outpost in the Jordan Valley built 20 years ago. The settlers claimed that they had been granted authority to build there by the Israeli government. Palestinian plaintiffs filed suit in 2011, arguing that they were the legal owners of the land and the construction that had been undertaken by the settlers was illegal. They asked that the buildings be evacuated.

Thai authorities arrest pro-democracy activists

Thai authorities on Aug. 19  arrested six activists who took part in ths month's pro-democracy demonstrations in Bangkok. Among the six activists arrested is lawyer Anon Nampa, who called for reform of the monarchy, marking the second time he has been arrested this month. Previously charged with sedition, Anon joined the student rallies demanding constitutional reform, the dissolution of parliament, and an end to the intimidation of activists. Prime Minister Prayuth Chan-ocha said that the "Harry Potter-themed" rally on Aug. 3 went "too far" and urged protesters "not to create chaos." Speaking against the monarchy carries the risk of a 15-year prison term in Thailand. Demonstrators have been asserting that democracy is "impossible" without limiting the monarchy's constitutional role.

Mexico creates justice commission for Yaqui

Mexican President Andrés Manuel López Obrador has signed a decree that sets up a Justice Commission for the Yaqui People, seeking to resolve problems of land, water, health, education and infrastructure faced by the indigenous group. The decree was signed Aug. 6 during a visit by López Obrador to the Yaqui community of Vícam, in Guaymas municipaliy, Sonora state. The decree seeks to redress a long history of oppression, massacres, slavery and land theft faced by the Yaqui. López Obrador said that the Yaqui have been Mexico's most persecuted indigenous group, stating, "All the original inhabitants suffered robbery, but no people suffered as much as the Yaqui." The president also said that he had agreed to modify the route of the planned Guaymas-El Oro gas pipeline that was supposed to run through Yaqui territory.

Trump broaches postponement of election

In a tweet on July 30, President Donald Trump suggested that the US postpone the November elections, claiming mail-in voting would cause widespread fraud and inaccuracy. Presidential elections are currently held on the first Tuesday after the first Monday in November. This year, that is Nov. 3, 2020. The 20th Amendment of US Constitution demands that the president's term must end on Jan. 20 of the year following the general election. The 20th Amendment also requires a new Congress to be installed by Jan. 3. Article II, Section 1 provides guidance for the electoral process. Initially, each state much appoint a number of electors to the Electoral College. Then, Congress may determine "the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

Lawsuits as feds detain Portland protesters

The US Attorney for the District of Oregon on July 17 called for an investigation into allegations that unidentified federal agents are arresting people in the city of Portland. US Attorney Billy Williams noted that federal agents have been in the city for the past 50 nights, to defend the federal courthouse and other federal buildings from protestors. While defense of the buildings was lawful, Williams said reports had reached him of federal agents, including from Customs and Border Patrol (CBP), driving in unmarked vehicles and arresting at least two protestors without identifying themselves. The agents were not wearing any identifying insignia and were masked. Williams referred to these arrests as "questionable conduct," while Lisa Hay, Oregon's federal public defender, said, "It's a fundamental constitutional value that people in this country are free to walk the streets without fear of secret arrest."

Bahrain upholds death penalty for protesters

The highest court of Bahrain on July 14 upheld a lower court decision to execute two protesters, despite evidence that suggests their confessions were unlawfully extracted. Hussain Moosa and Mohammed Ramadan, members of Bahrain's traditionally excluded Shiite majority, were sentenced to death in 2014 for planting a bomb in the village of al-Deir that killed a police officer involved in repression of a riot in the village. After multiple appeals, the high court, known as the Court of Cassation, overturned the death sentences in 2018. The court accepted evidence of medical records showing injuries on Moosa, supporting witness statements that the two men were beaten and tortured into pleading guilty to crimes they did not commit. However, in January a lower court successfully reinstated the death penalty, which the Cassation Court has now reaffirmed

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