Jurist

Japan to proceed with relocation of US base

Japan's Prime Minister Shinzo Abe said Feb. 24 the relocation of the US airbase at Futenma to Henoko, elsewhere on the island of Okinawa, would continue despite a referendum vote opposing the move. Okinawa prefecture held a referendum on whether the US military base should relocate from Ginowan municipality to Henoko. After the final count, approximately 70% of voters opposed the move. The relocation has been 20 years in preparation, and has continued to face opposition over claims of noise from military activity, harm to the surrounding coral reefs, and outrag over a 1995 incident of rape of a 12-year-old Okinawan girl by US servicemen.

ICJ urges UK to end rule over Chagos islands

The International Court of Justice issued an advisory opinion Feb. 26 outlining the legal consequences of separation of the Chagos Archipelago from Mauritius in 1965. The UK and Mauritius, by virtue of the Lancaster House agreement, detached the Chagos Archipelago form Mauritius and established the British Indian Ocean Territory (BIOT). The British subsequently allowed the United States to establish a military base on the island Diego Garcia, with many inhabitants forcibly removed, and those who left voluntarily prevented from returning. The ICJ opinion, which is nonbinding, says the UK did not lawfully decolonize the islands through the Lancaster House agreement. The court urged the UK to end its continued administration over Chagos Archipelago: "[T]he United Kingdom has an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible." The opinion states that "all Member States must cooperate with the United Nations to complete the decolonization of Mauritius."

UN sees possible crimes against humanity in Gaza

The UN Human Rights Council released the Report of the Independent International Commission of Inquiry on the Protests in the Occupied Palestinian Territory on Feb. 28, finding potential crimes against humanity committed by Israel. The report focuses on the period from May 30 to December 31, 2018, when the Gaza protest campaign known as the "Great March of Return and the Breaking of the Siege" was taking place. During the seven months studied, 6,106 unarmed protesters were shot by military snipers, resulting in 189 Palestinian deaths. "[B]ullet fragmentation, rubber-coated metal bullets or...hits from tear gas canisters" injured an additional 3,098 Palestinians. The UN Independent Commission of Inquiry found 35 of the fatalities were children, three were clearly marked paramedics, and two were clearly marked journalists. Four Israeli soldiers were injured at protest sites, and one soldier was killed outside of the protest sites.

Turkish court upholds convictions of journalists

An appeals court in Turkey on Feb. 19 upheld the convictions of 14 employees of Cumhuriyet, a Turkish news outlet that has been critical of President Recep Tayyip Erdoğan. The defendants—including journalists, a cartoonist, executives and accountants—were sentenced in April to prison terms between four and eight years on charges of "acting on behalf of a terrorist group without being members." The Third Criminal Chamber of the Istanbul Regional Court of Justice reviewed and upheld each of these sentences. In Turkey, sentences less than five years cannot be overturned once they are upheld by an appellate court, meaning that eight of the defendants must now serve out their terms. The remaining defendants with longer sentences plan to appeal to Turkey's Supreme Court.

Legal challenge to Trump emergency declaration

A 16-state coalition filed a lawsuit against President Donald Trump's administration on Feb. 18, requesting the court to issue a judicial determination that Trump's national emergency declaration over the southern border wall is unconstitutional. California Attorney General Xavier Becerra announced the lawsuit, stating: "Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates."

House resolution to end Yemen military aid

The US House of Representatives passed House Joint Resolution 37 on Feb. 13, calling for the withdrawal of US armed forces from hostilities in the Republic of Yemen. The resolution states that only Congress has the authority to declare war, and notes that Congress has not made any declaration of war against the Houthi rebels in Yemen, who are the target of Saudi-led forces. US armed forces have supported Saudi Arabia through aerial targeting assistance, intelligence sharing, and mid-flight aerial refueling. The resolution gives President Donald Trump 30 days to withdraw forces from hostilities in or affecting Yemen. Forces which are involved in operations directed at al-Qaeda in the region are exempt from the resolution. The resolution also does not restrict the sharing of intelligence. It also specifies that the resolution does not impact military operations undertaken in cooperation with Israel.

Trump declares state of emergency for border wall

President Donald Trump on Feb. 15 announced a state of emergency to obtain $8 billion for a border wall between the US and Mexico. A significant amount of the funds are expected to come from the Department of Defense budget, but Trump was not clear regarding funding or spending plans. The declaration was announced in a statement to the press that included information about trade negotiations with China and various other unrelated concerns. Trump gave this speech moments after he signed a spending bill passed by Congress, which prevents another government shutdown. The bill included about $1.4 billion in funding to assist with border security, which is far lower than the $5.7 billion demanded by Trump for his wall during the government shutdown.

ICE condemned for force-feeding detainees

Human Rights Watch (HRW) on Feb. 1 condemned US Immigration and Customs Enforcement (ICE) for force-feeding detained migrants. According to a report from the Associated Press, detained men at the agency's El Paso Processing Center have been participating in a hunger strike since early January. ICE officials said that 11 men are striking, but AP reports the number may be closer to 30. In order for ICE to consider detainees to be a hunger strikers, they must miss nine consecutive meals. In mid-January a federal judge authorized ICE to force-feed six of the protesters. An ICE official told AP that it is "exceedingly rare" for a judge to authorize force-feeding. The detained men have been protesting "rampant verbal abuse and threats of deportation from guards" and long detentions while awaiting a hearing. Most of the hunger strikers are from India or Cuba.

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