Jurist

UN experts renew call for Burma genocide charges

UN investigators on Sept. 18 renewed their call for charges against Burma military officials suspected of carrying out a genocide against the nation's minority Rohingya population over the past year. The UN Office of Human Rights published an exhaustive list of atrocities and called "for the investigation and prosecution of Myanmar's Commander-in-Chief, Senior General Min Aung Hlaing, and his top military leaders for genocide, crimes against humanity and war crimes." Since last August, 700,000 Rohinga refugees have fled into neighboring Bangladesh, and many have spoken of the Burmese military's attacks on their villages, describing actions that are considered crimes against humanity under international law. This August, a UN fact-fidning mission for the first time referred to the ethnic conflict in Burma as a genocide. Burma's government officially rejected the charges.

UN rights experts protest Egypt death sentences

Six UN Special Rapporteurs called on the UN Human Rights Council (UNHRC) on Sept. 17 to respond to a recent Egyptian court decision that condemned 75 protesters to death. The court sentenced another 47 protesters to life in prison. The protesters were charged with illegal gathering, involvement in violence, and incitement to break the law. The Special Rapporteurs state that those who have been sentenced did not receive a fair trial, as they were not given the right to present evidence in their defense. The UNHRC was called upon to "send a strong message to all States that they have a duty under international law to investigate arbitrary killings and prosecute those responsible as well as to apply due process and fair trial standards." The Special Rapporteurs said the executions would be "arbitrary deprivations of life,” and stated that the life prison sentences are “grossly disproportionate and, therefore, may well amount to cruel, inhuman or degrading punishment."

Amnesty calls on UN to ban 'killer robots'

Amnesty International called upon countries to ban fully autonomous weapons systems on Aug. 27, the first day of the UN Convention on Certain Conventional Weapons (CCW) Group of Governmental Experts on Lethal Autonomous Weapons Systems meeting in Geneva. Amnesty states that technology related to advanced weapons systems is outpacing international law. Future technologies may be able to replicate human responses, including "the ability to analyse the intentions behind people's actions, to assess and respond to often dynamic and unpredictable situations, or make complex decisions about the proportionality or necessity of an attack." A complete ban on fully autonomous weapons is necessary in order to avoid possible "dystopian" futures. Human interaction should be required by law to be involved in the identification, selection, and engagement of targets in advanced weapons.

Climate change 'single greatest threat' to Pacific

The 18 member states of the Pacific Islands Forum held their 49th summit in Nauru, issuing a statement (PDFi) Sept. 6 asserting that "climate change presents the single greatest threat to the livelihood, security and wellbeing of Pacific people." The leaders "reaffirmed the importance of immediate urgent action to combat climate change" and committed "to ensure effective progress on Pacific priorities with regards to the Paris Agreement" through the development of a guide. Leaders at the Forum also urged all countries to comply fully with their commitments to mitigate emissions, "including through the development and transfer of renewable energy," within their committed timeframes. The leaders also "called on the United States to return to the Paris Agreement on Climate Change."

US threatens sanctions against ICC

The White House announced Sept. 10 that the US will consider imposing sanctions against the International Criminal Court (ICC) judges and prosecutors if the ICC opens an investigation into the actions of United States service members and intelligence personnel in Afghanistan. The Chief Prosecutor of the ICC requested an investigation in November 2017 into alleged war crimes committed by the US in Afghanistan since May 2003, in addition to actions taken by the Afghan National Security Forces, the Taliban and the Haqqani network. In addition to sanctions, the US will consider seeking to have the ICC's powers restricted by the UN Security Council. The US will also seek to strengthen agreements that would prevent other nations from surrendering US nationals to the ICC.

World Court hears Mauritius claim against UK

The government of the island nation of Mauritius presented its claim Sept. 3 to the International Court of Justice (ICJ) that the British government forced the transfer of the Chagos Islands as a condition of independence in 1965. The UK leased the island of Diego Garcia within the Chagos archipelago to the US in 1966, which was used to build a military base that required the forced removal of around 1,500 people. The population has yet to be allowed to return home. The former prime minister of Mauritius and current parliamentarian Anerood Jugnauth told the ICJ, “The choice we were faced with was no choice at all: it was independence with detachment [of the Chagos archipelago] or no independence with detachment anyway.” The location of the Chagos Islands in the central Indian Ocean is seen as geopolitically strategic for policing the Persian Gulf. In 2016 the US lease for the base was extended until 2036.

Iran: demand release of lawyer Nasrin Sotoudeh

Amnesty International on Sept. 4 called for the release of Iranian human rights lawyer Nasrin Sotoudeh, detained since June, and her husband Reza Khandan, who was arrested this week. Reza Khandan was charged by Tehran’s Office of the Prosecutor with spreading propaganda against the system, colluding to commit crimes against national security, and promoting the practice of appearing in public without a veil. Khandan had raised concerns on Facebook about human rights violations in Iran and also publicly campaigned for the release of his wife. Amnesty International director for the Middle East and North Africa, Philip Luther said, "These callous actions illustrate the lengths to which Iranian authorities will go to silence human rights lawyers, even targeting their families." Currently, Sotoudeh is on a hunger strike in prison to protest the arrest of civil rights activists and the harassment of her family and friends by police forces. On Aug. 22, 60 members of the European Parliament sent a letter to Iranian President Hassan Rouhani to express concern over Sotoudeh’s imprisonment.

Duterte charged with 'crimes against humanity'

Several Philippine families filed a complaint (PDF) with the International Criminal Court (ICC) Aug. 28, accusing President Rodrigo Duterte of murder during his "war on drugs." The complaint charges Duterte with "crimes against humanity," including extrajudicial killings. This is the second complaint against Duterte filed with the ICC; the first was filed in April 2017. The ICC began preliminary examination in the case in February. Duterte announced the Philippines' withdrawal from the ICC in March. In a 15-page letter to the media, Duterte declared that the Philippines will immediately withdraw its ratification of the Rome Statute, which established the ICC and was ratified by the Philippines in late 2011. Under the statute, a member can withdraw no sooner than one year following written notification to the UN Secretary-General. However, Duterte claimed that the agreement was immediately voidable because it was signed fraudulently.

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