Jurist
Appeals court strikes down funding for border wall
The US Court of Appeals for the Ninth Circuit ruled 2-1 on June 26 that President Donald Trump lacked the constitutional authority to transfer Department of Defense (DoD) funds for use in the construction of a wall along the Mexican border. The court found that the transfer of $2.5 billion circumvented Congress, which had previously denied requests for the funding. The panel affirmed a district court’s judgment, "holding that budgetary transfers of funds for the construction of a wall on the southern border of the United States in California and New Mexico were not authorized under the Department of Defense Appropriations Act of 2019."
Ex-Salvador military officer goes on trial in Spain
A former Salvador military commander, Inocente Montano, went on trial in Spain this month, accused of ordering the murder of six Spanish Jesuit priests in 1989. Two Salvadoran women were also killed in the incident. Montano was formerly held in the US, but was extradited to Spain in 2017. Ex-colonel Montano was the vice-minister of public security in El Salvador during its civil war from 1979-1992. Montano commanded troops believed to be responsible for at least 1,169 human rights violations. Additionally, prosecutors believe Montano was part of the paramilitary group La Tandona. This far-right group of military leaders carried out extrajudicial executions of those who supported a peace deal with the Farabundo Martí National Liberation Front (FMLN) guerillas.
African countries urge UN: investigate racism in US
African countries are urging the UN Human Rights Council to investigate systemic racism and police violence in the United States, according to a draft resolution revealed June 16. Diplomats received the resolution ahead of a debate at the Human Rights Council in Geneva that will be held this week on the question, convened at the request of Burkina Faso. The debate is a response to the death of George Floyd and others in police custody, as well as the ongoing protests across the US. The draft resolution calls for the establishment of an independent international commission of inquiry (COI)—a measure normally used in response to a major crisis, such as the armed conflict in Syria. The resolution states that the COI should be empowered to "establish facts and circumstances related to the systemic racism, alleged violations of international human rights law and abuses against Africans and of people of African descent in the United States."
Darfur war crimes suspect transferred to Hague
Sudanese militia leader and war crimes suspect Ali Kushayb has been arrested, the International Criminal Court (ICC) announced June 9. Kushayb surrendered to authorities in a northern area of the Central African Republic, near the border with Sudan. This comes more than 13 years after the arrest warrant was issued. The warrant details 22 charges of crimes against humanity and 28 war crimes charges, including murder, rape and pillage. The warrant further claims Kushayb commanded thousands of Janjaweed militia fighters from 2003-4, personally taking part in the rape and murder of civilians during the Darfur conflict. He also held commanding positions in Sudan's Popular Defense Forces and the Central Reserve Police.
Protesters sue Trump over constitutional violations
Black Lives Matter DC and other protesters have filed a lawsuit asserting that their ouster from Lafayette Square near the White House on June 1 violated both their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure. The complaint states that the US Secret Service, US Park Police, DC National Guard and US Military Police unleashed tear gas, pepper spray, rubber bullets and flash bombs on peaceful protesters, without provocation, in order to clear a path for President Donald Trump to walk to a photo opportunity at a nearby church. In addition, plaintiffs argue that this action was intentional as evidenced by Trump's statements about protesters, referring to them as "THUGS" in his tweets. Further, in his phone call with governors, Trump stated they must take harsher actions to "dominate" protesters, and his Secretary of Defense Mark Esper stated that governors need to "dominate the battlespace."
Russia: state of emergency after Arctic oil spill
Russian President Vladimir Putin declared a state of emergency June 3 after 20,000 tons of diesel oil leaked into a river within the Arctic Circle. The spill went unreported for two days, which may have caused irreparable damage to the region. The spill was caused by the rupture of a fuel tank at a power plant on the Ambarnaya River near the Siberian city of Norilsk, Krasnoyarsk Krai. The plant is owned by Norilsk-Taymyr Energy Company, a subsidiary of Norilsk Nickel (Nornickel), which is the world's leading nickel and palladium producer. The company had reportedly spent two days trying to contain the spill, before alerting the government. The Russian Investigative Committee (SK) has launched a criminal case over the pollution and alleged negligence. The director of the power plant, Vyacheslav Starostin, has been taken into custody but has not yet been charged.
ICC complaint filed over COVID-19
The Canadian Institute for International Law Expertise (CIFILE) has asked the prosecutor of the International Criminal Court (ICC) to investigate individual world leaders and the World Health Organization (WHO) for alleged international crimes relating to their handling of the COVID-19 pandemic. The group states that past disease outbreaks, including SARS, suggest that the director-general of the WHO should have notified nations well before the initial March 11 notification date. The complaint asserts that the response to the pandemic constitutes a "crime against humanity" under Article 7(k) of the Rome Statute. The complaint further states that the ICC may exercise jurisdiction over international crimes under Articles 12 and 13 when a member state of the ICC has been affected. Specifically the complaint cites Canada as an affected signatory to the Rome Statute.
Amnesty sees Russian-backed 'war crimes' in Syria
A report published by Amnesty International on May 11 found that the Syrian government, supported by Russia, committed a series of war crimes in northwest Syria in late 2019 and 2020. The report found that "attacks from the air and the ground repeatedly struck residential areas and crucial infrastructure." The findings are based on interviews of Syrians on the ground and international aid workers, as well as videos, photographs, satellite imagery, logs of aircraft observations and intercepted aircraft radio communication. The attacks mainly occurred in opposition-held areas of Idlib province, western Aleppo province and northwestern Hama province. The report documents 18 attacks in these areas on schools and medical facilities. The report calls these attacks "serious violations" of international humanitarian law.

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