Jurist

Tunisia: president accused of 'coup'

Tunisian President Kais Saied was accused by opposition parties of launching a "coup" with the help of the country's military after firing the prime minister and freezing parliament July 25. The move comes after anti-government protesters took over the streets of the capital Tunis, expressing dismay over ongoing economic turmoil and a demonstrably poor response to the COVID-19 pandemic. Saied had been engrossed in disputes with the now-ousted prime minister Hichem Mechichi since the pandemic struck.

UN investigator: Israeli settlement is 'war crime'

A UN human rights investigator announced July 9 that Israeli settlement of the West Bank and East Jerusalem meets the definition of a war crime. Special rapporteur on the Palestinian Territories, Michael Lynk, addressed a Geneva meeting of the Human Rights Council, in which he gave a report on whether the settlements violate the 1998 Rome Statute of the International Criminal Court (ICC). Three elements must be satisfied to meet the definition of the war crime of transferring a civilian population into an occupied territory. The material elements are transfer of the population into the territory, and that the transfer took place arising from an international armed conflict. This element was met when Israel captured East Jerusalem, the West Bank and Gaza in 1967 as part of an international armed conflict.

Sudan militia leader to face war crimes trial

Pre-Trial Chamber II of the International Criminal Court (ICC) issued a decision on July 9, unanimously confirming charges against Sudanese militia leader Ali Muhammad Ali Abd-Al-Rahman. Consequently, Abd-Al-Rahman, who is also known as Ali Kushayb, was committed to trial before an ICC trial chamber. Abd-Al-Rahman was a top commander of the Janjaweed militia, and one of the most senior leaders in the tribal hierarchy in Wadi Salih locality, Central Darfur state. He is also a leader of the Popular Defense Forces, the more regularized successor to the Janjaweed. He is alleged to have led pro-government campaigns against Darfur rebel groups, ultimately displacing 40,000 and murdering 300 civilians.

Ethiopia: ceasefire over humanitarian concerns

Ethiopia's federal government announced a ceasefire in Tigray region on July 2. The Ethiopian National Defense Force and the federally-recognized Provisional Tigray Administration left Tigray's capital Mekelle as part of the ceasefire, pausing eight months of war. The Tigray Defense Force, loyal to the ousted regional government and now in rebellion, has not agreed to the government's ceasefire. Rosemary DiCarlo, the UN Under-Secretary-General for Political & Peacebuilding Affairs, said "we urge the TDF to endorse the ceasefire immediately and completely."

SCOTUS: pipeline companies may take state property

The US Supreme Court ruled 5-4 on June 29 in PennEast Pipeline Co. v. New Jersey that the Natural Gas Act can grant private companies authority to take state-owned property to build a pipeline. Under the Natural Gas Act (NGA), a company seeking to build an interstate pipeline must obtain a certificate from the Federal Energy Regulatory Commission (FERC). This certificate authorizes the holder to exercise federal eminent domain in securing property for the pipeline.

Turkish police disperse Istanbul pride parade

On June 27, Turkish riot police used tear-gas and rubber bullets to disrupt Istanbul's annual pride parade after the the governor's office refused to grant a permit for the event. The police arrested dozens of marchers, as well as journalists who were covering the event. The police attack comes amid a period of mounting hostilities against the nation's LGBTIQ+ community. The pride parade has been held annually since 2003, despite being officially banned since 2014. Videos shared on social media show hundreds of people gathered on Istiklal Avenue, a popular tourist destination, chanting "Rainbow is not a crime, discrimination is."

Canada law recognizing UNDRIP gets royal assent

A bill by the Canadian Parliament recognizing the UN Declaration on the Rights of Indigenous Peoples 2007 (UNDRIP) and establishing a framework for its implementation received Royal Assent on June 21. The legislation requires the government of Canada to take measures for bringing the country's laws into alignment with the UNDRIP as well as preparing an action plan for achieving its objectives.

Legal experts present definition of ecocide for ICC

After six months of deliberation, a panel of 12 independent legal experts from across the globe on June 22 unveiled a working definition of "ecocide" that they hope will be adopted by the International Criminal Court (ICC). The panel was organized by the Stop Ecocide Foundation, an NGO whose stated focus is facilitating the adoption of ecocide by the ICC in order to "protect future life on Earth." The panel recommends adding section "(e) the crime of Ecocide" to Article 5(1) of the Rome Statute, with the following definition:

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