Jurist

UN report: air-strikes on Afghan drug labs illegal

US air-strikes in Afghanistan this May resulted in civilian casualties and violated international humanitarian law, the UN Assistance Mission to Afghanistan (UNAMA) reported Oct. 9. On May 4 the US Forces-Afghanistan (USFOR-A) carried out air-strikes on buildings located in Bakwa district, Farah province, and neighboring Delaram district of Nimroz province. The air-strikes were aimed at potential drug facilities in the area but resulted in 39 civilian casualties, including 14 children. In a press release, UNAMA stated: "The report, jointly produced by UNAMA and the UN Human Rights Office, concludes that drug facilities and associated workers may not be lawfully made the target of attack and should be protected."

Amnesty accuses Hong Kong police of torture

Amnesty International on Sept. 20 demanded an investigation based upon findings of human rights abuses including torture by the Hong Kong police. Amnesty's report focuses on police brutality during arrests stemming from recent mass protests. Interviews of arrested persons and their lawyers by Amnesty revealed that while police violence most commonly occurred before and during arrest, in several cases detained protesters have also been severely beaten in custody and suffered other ill-treatment amounting to torture.

Nigeria: army runs 'child detention camp'

Human Rights Watch (HRW) reported Sept. 19 that the Nigerian military has been arbitrarily detaining thousands of children, some as young as five years old, for suspected involvement with the Islamist armed group Jama'atu Ahlis Sunna Lidda'awati wal-Jihad, commonly known as Boko Haram. According to HRW, the military often detains children based on little or no actual evidence of involvement with Boko Haram. UN investigators found that between January 2013 and March 2019, Nigerian security forces detained more than 3,600 children, including 1,617 girls. Most were detained at Giwa military barracks in Maiduguri. Some 2,200 children were released without charge last year, but a further 418 were detained. There is no report on the number of children that are being currently detained.

UN, African Union to evacuate refugees from Libya

The government of Rwanda, the UN Refugee Agency (UNHCR) and the African Union on Sept. 10 signed a memorandum of understanding to set up a transit mechanism for evacuating refugees out of Libya. According to a joint statement, around 4,700 people are currently being held in detention centers in Libya and urgently need to be transferred to safety. Under the agreement, refugees and asylum-seekers currently being held in Libya will be transferred to Rwanda on a "voluntary" basis. Evacuees will then either be resettled to third countries, be helped to return to countries where asylum had previously been granted, be returned to their home countries if it is safe to do so, or be given permission to remain in Rwanda subject to agreement by the competent authorities.

SCOTUS allows enforcement of Trump asylum ban

The US Supreme Court on Sept. 11 allowed enforcement of a policy that would deny asylum to Central American migrants who pass through another country en route to the US and fail to make a claim for protection there. US District Court Judge Jon Tigar blocked the new rule in July by issuing a nationwide injunction. The Ninth Circuit Court of Appeals subsequently scaled back the order so that it only pertained to Ninth Circuit states, which include California and Arizona. In response to Judge Tigar's recent attempt to return his order to its original scope, the Trump administration requested that the Ninth Circuit temporarily stay the injunction. The Supreme Court's decision to grant the stay authorizes the Trump administration to proceed with nationwide implementation of the policy even though it is still being challenged in the lower courts.

UN report on climate change calls for urgent action

A Special Report on Climate Change was released by the UN Inter-governmental Panel on Climate Change (IPCC) on Aug. 8, focusing on greenhouse gas emissions and its links to desertification, land degradation and food security. The report warns that the "rise in global temperatures, linked to increasing pressures on fertile soil," risks "jeopardizing food security for the planet." According to the report, about a quarter of the Earth's ice-free land area is subject to human-induced degradation, such as soil erosion and desertification. The effects of global warming have led to "shifts of climate zones in many world regions," further exacerbating land degradation, and leading to extreme weather conditions such as floods and droughts. The reports warns: "The stability of food supply is projected to decrease as the magnitude and frequency of extreme weather events that disrupt food chains increases."

Judge rules Trump asylum ban illegal

A judge for the US District Court for the District of Columbia ruled Aug. 2 against the Trump administration's ban on asylum requests for people who illegally cross the border. The Trump administration issued the rule in late 2018, prohibiting migrants from applying for asylum except at legal US ports of entry. The rule was created in response to a presidential proclamation issued last November. The plaintiffs sought summary judgment to have this rule declared illegal under the Immigration & Nationality Act. They also argued the rule was improperly imposed under terms of the Administrative Procedures Act. They additionally asked for a class of asylum-seekers to be certified in the case. The government challenged each of these, arguing that the plaintiffs lack standing to sue, fail on the merits, and that the court should not certify a class. The judge held that the rule is illegal under the Immigration & Nationality Act and certified a class for the plaintiffs.

US allies maintain lead over Taliban in civilian deaths

The UN Assistance Mission in Afghanistan (UNAMA) released a midyear report July 30 detailing the 3,812 civilian casualties in Afghanistan since Jan. 1, 2019. According to this report, Afghan government forces and their allies killed 717 civilians, while the Taliban and other militant groups have killed 531 civilians. Nonetheless, there was an overall 27% decrease in civilian casualties from the same period of 2018, with the decrease being attributed to a shift away from ground engagements and suicide bombers. Aerial operations continue to be a rising cause of civilian casualties. The report also states that women are disproportionately affected by the ongoing attacks, not only due to loss of life or serious injury, but also secondary effects such as economic insecurity and displacement. In addition, women are at a higher risk of sexual violence and gender-based violence.

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