Jurist
DoJ seeks new powers during COVID-19 outbreak
The Department of Justice has called on Congress to grant the US Attorney General emergency powers during the COVID-19 pandemic, according to a Politico report March 21. The proposal would allow federal judges to pause court proceedings, giving them the ability to detain people indefinitely without trial. Critics such as Norman L. Reimer, director of the National Association of Criminal Defense Lawyers, are raising concerns over violation of habeas corpus rights. Reimer said the proposal "means you could be arrested and never brought before a judge until they decide that the emergency...is over. I find it absolutely terrifying."
Mexico: arrest orders issued for Ayotzinapa investigators
A Mexican judge on March 18 issued an arrest warrant for Tomas Zerón, the former head of criminal investigations for the Prosecutor General's Office, and five other former officials for alleged violations in the investigation of the case of 43 college students who disappeared in 2014. The students from the rural teacher's college at Ayotzinapa, Guerrero state, were determined to have been seized by police in September of that year. Although DNA testing only successfully identified one missing student from unearthed remains, officials presumed in 2015 that all 43 were dead. Many of the suspects arrested in the case were later released, and several claimed they had been tortured by police or the military. The investigation was widely criticized, and the current administration pledged to re-open the case.
ICC approves Afghanistan war crimes investigation
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into allegations of war crimes committed by both sides in the Afghanistan conflict. The investigation will focus on "alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan." The Pre-Trial Chamber had rejected a request to open an investigation last year, but the prosecutor appealed based on Article 15 of the Rome Statute. The appeal attempts to resolve the apparent disparity between Article 15, mandating investigations when a prosecutor provides a "reasonable basis to proceed," and Article 53, which allows the court discretion in the interest of justice.The Appeals Chamber’s decision overturned the Pre-Trial Chamber's ruling on the grounds that the determination that the investigation "would not serve the interests of justice" and was an abuse of discretion.
Suit challenges fund diversion for border wall
Three groups filed suit against the Trump administration on Feb. 29 in federal court over the administration's diversion of funds allocated to the Department of Defense for border wall construction. The Trump administration has announced its plan to use $3.6 billion in military construction funds and $2.5 billion in other military funds for wall construction. The administration is attempting to use these funds despite Congress' exclusive appropriation of $1.375 billion for border wall construction under the Consolidated Appropriations Act of 2019. When President Trump signed the CAA into law, he also issued Proclamation 9844, declaring a national emergency along the southern border. The American Civil Liberties Union (ACLU), Sierra Club, and Southern Border Communities Coalition sued, asking the US District Court for the Northern District of California to block the diversion of the funds. They claim that as Congress did not appropriate the funds for border wall construction, the president's actions usurp the constitutional budget allocation powers of the Legislative Branch.
Salvini to face charges over migrant detention
The Italian Senate voted Feb. 12 to lift former Interior Minister Matteo Salvini's parliamentary immunity over his treatment of asylum seekers. Under Italian law, Salvini had immunity from criminal prosecution over actions he had taken while serving in the cabinet. But, at the request of prosecutors in Catania, Sicily, the Senate voted 152-76 to strip Salvini of his immunity, thus formally authorizing prosecutors to press charges against him for his decision to refuse entry to approximately 131 asylum-seeking migrants last July.
Africa mining confab urged to address human rights
Amnesty International on Feb. 3 urged participants in an international mining conference in South Africa to address human rights violations. African Mining Indaba, a conference centered on promoting the industry on the continent, is set to run this week, but several civil organizations, including Amnesty, are holding their own conference for the eleventh time to bring attention to claims of rights violations in the mining industry in Africa. Amnesty director for East and Southern Africa Deprose Muchena said in statement: "From child labour in the Democratic Republic of Congo to squalid living conditions for workers at South Africa's Marikana mine, the mining industry is tainted with human rights abuses. Mining firms have often caused or contributed to human rights abuses in pursuit of profit while governments have been too weak in regulating them effectively."
UN calls for accountability in Libya air-strikes
A report published Jan. 27 by the UN Support Mission in Libya (UNSMIL) and the UN Human Rights Office reveals that at least 53 migrants and refugees were killed in the July 2019 air-strikes on the Tajoua detention center outside Tripoli. Those killed were determined to be citizens of Algeria, Chad, Bangladesh, Morocco, Niger and Tunisia. The report also determined that 87 male migrants and refugees were injured in the attack. The strikes were found to have been conducted by aircraft belonging to a "foreign state" that might have been under the command of the Libyan National Army (LNA) or operated under the command of that foreign state in support of the LNA. The report found that in addition to the internal conflict in Libya, a "parallel situation of international armed conflict" may also exist between outside states supporting the LNA and rival Government of National Accord (GNA).
Court hears arguments on Trump's travel ban
The US Court of Appeals for the Fourth Circuit in Richmond, Va., began hearing oral arguments Jan. 29 in International Refugee Assistance Project v. Donald Trump, a case challenging the administration's travel bans. The plaintiffs, led by IRAP, argue that, despite the Supreme Court ruling in Trump v. Hawaii, their challenge is not barred. They contend that the high court simply addressed the preliminary injunction, and not the merits of the overall travel ban. The case challenges the proclamation Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13780. The plaintiffs are asserting that the proclamation is unconstitutional, while the Trump administration argues that Trump v. Hawaii settled the constitutionality of the proclamation.

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