Jurist

ICC rejects investigation of Afghanistan war crimes

Judges at the International Criminal Court (ICC) on April 12 rejected a request to open an investigation into allegations of war crimes and crimes against humanity in Afghanistan. The request by ICC prosecutor Fatou Bensouda was turned down by Pre-Trial Chamber II, which decided that pursuing this investigation would not be an efficient use of the court's resources. The statement from the Pre-Trial Chamber noted that the prosecutor has not obtained cooperation from sources in Afghanistan, which bodes poorly for any further investigation. The decision also came four days after the US State Department revoked the entry visa for Fatou Bensouda. In March, Secretary of State Mike Pompeo said that the US would deny visas to ICC personnel investigating any allegations against the US or its allies. Bensouda had been making inquiries into allegations of war crimes against all participants in the Afghanistan conflict since the fall of 2017.

Egyptian activist Alaa Abdel Fattah released

Alaa Abdel Fattah, a leading Egyptian pro-democracy activist, was released from prison on March 29 after serving a five-year sentence, according to his family and lawyer. Fattah was a leading voice among young Egyptians in the uprising of 2011, which ousted president Hosni Mubarak from power after a 30-year period of rule. A prominent blogger and software engineer, he was once described by authorities as "the icon of the revolution."

UN reports abuses of migrants in Libya

A UN report released March 21 described the ill-treatment of migrants and refugees in Libya, including rape and torture by smugglers, traffickers, Libyan officials and armed groups. UN Assistant Secretary-General for Human Rights Andrew Gilmour presented the report by the High Commissioner on Afghanistan and Libya. Gilmour said that evidence of systematic rape and torture of men, women and children in detention centers were the most harrowing accounts of human rights violations he has ever heard. Migrants and refugees freed from detention in Libya testified about the extortion technique whereby the perpetrators force them to call their families, who will hear the screams until they pay a ransom.

Burma sentences Arakan leader to 20 years

A Burmese court in Sittwe on March 19 sentenced prominent Rakhine ethnic leader Aye Maung to 20 years in prison for treason and defamation stemming from a January 2018 speech made one day before deadly riots broke out in Mrauk-U township. Maung, a member of parliament and former chairman of the Arakan National Party, was arrested along with writer Wai Hin Aung days after giving "inflammatory" speeches. Maung is said to have accused the ethnic Bamar-dominated ruling National League for Democracy (NLD) government of treating the ethnic Rakhine people (also known as the Arakan) like "slaves." Seven people were killed the evening after the speeches, when Rakhine protestors seized a government building and police opened fire. Maung’s lawyers are unsure if he will appeal at this time, as a new trial in the case could result in a death sentence. Both Maung and Aung received 18 years for treason and two for defamation.

EU resolution suspends Turkey's admittance

The European Union adopted a non-binding resolution March 13 against Turkey's accession as a member of the EU. The resolution passed in the European Parliament by 370 votes in favor, 109 against with 143 abstentions. The assembly noted past and ongoing human and civil rights violations committed by Turkey. The body expressed concern over Turkey's lack of respect for minority religious and cultural rights. It mentioned the "shrinking space for civil society," arrests and suppression of journalists, and dismissal of dissident academics, as well as the treatment of refugees and migrants within its borders. The body noted that Turkey's government has violated the due process rights of its own citizens under the guise of counter-terrorism. It has also intimidated its own citizens abroad and abused Interpol arrest warrants to extradite its own nationals back to Turkey.

Hundreds dead in new DRC ethnic conflict

A new UN report was released March 11 detailing violent ethnic attacks in December, leading to hundreds of deaths in the Democratic Republic of the Congo. A UN special investigative mission sent to the Yumbi territory, in the country's west, confirmed at least 535 deaths, including women and children—but found that the death toll may be even higher, as it was reported that bodies were thrown in the Congo River. The report also said some 19,000 people were displaced, many across the border into the neighboring Republic of Congo.

Iran: lawyer convicted for representing protesters

The Center for Human Rights in Iran (CHRI) announced March 5 that human rights lawyer Nasrin Sotoudeh had been convicted in absentia by Judge Mohammad Moghiseh of Iran's Revolutionary Court, described as a "hardline" jurist. She refused to appear in court because she was denied the right to choose her own lawyer. Sotoudeh had been charged with crimes including "collusion against national security," "propaganda against the state," "encouraging corruption and prostitution," "appearing before the judiciary without Islamic hijab," "disturbing public peace and order," and "publishing falsehoods with the intent to disturb public opinion." Prosecution cited her membership in the Defenders of Human Rights Center, the Legam group against capital punishment, and the anti-militarist National Peace Council

Iraq prosecuting children suspected of ISIS ties

Iraqi and Kurdistan Regional Government (KRG) authorities have charged hundreds of children with terrorism for alleged Islamic State (ISIS) affiliation based on dubious accusations and forced confessions obtained through torture, Human Rights Watch (HRW) reported March 6. The 53-page report claims that Iraqi and KRG authorities often arrest children with "any perceived" connection to ISIS, use torture to coerce confessions and prosecute them in "hasty and unfair trials." International law observes children recruited by armed groups as victims who should be rehabilitated and reintegrated into society.

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