Jurist
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.
US sanctions ex-soldiers for 1989 Salvador killings
The US State Department on Jan. 29 announced sanctions against 13 former Salvadoran military officials for their involvement in the 1989 killings of eight individuals. The former officials were found to be implicated in gross human rights violations when they planned and carried out the extrajudicial execution of six Jesuit priests and two others on the campus of Central American University in El Salvador on Nov. 16, 1989. The officials were designated under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriation Act 2019. Section 7031(c) states that when the Secretary of State has credible information that current or former foreign government officials have been involved, whether directly or indirectly, with human rights violations or corruption, those individuals and their immediate family members are ineligible for entry into the US.
ICJ: Burma must prevent Rohingya genocide
The International Court of Justice (ICJ) ruled unanimously Jan. 23 that Myanmar (Burma) must take "provisional measures" to address the "ongoing risk of genocide" faced by the remaining Rohingya people within the country's borders. The ruling also ordered Myanmar to preserve evidence of killings and to make regular reports to the court. This decision arises as part of the ongoing dispute between The Gambia and Myanmar regarding allegations of genocide against the Rohingya Muslim minority. The Gambia brought a complaint to the ICJ in November and the trial officially commenced in December with oral arguments from the two sides. The Gambia requested that the ICJ institute "provisional measures" against Myanmar to ensure the protection of the Rohingya people during the trial and to preserve evidence. The court found that given the inherent gravity of genocide allegations and the prima facie evidence already presented, provisional measures were necessary to preserve the rights of the Rohingya currently remaining in Myanmar.
Order allowing localities to refuse refugees blocked
Maryland federal judge Peter Messitte on Jan. 15 blocked the Trump administration's order permitting state and local governments to prevent refugees from settling in their respective jurisdictions. The order stated that refugees must apply for written consent from local governments before settling in their areas of choice. It was challenged by three immigration advocacy groups, the Church World Service, Lutheran Immigration and Refugee Services, and the Hebrew Immigrant Aid Society (HIAS). The preliminary injunction puts a temporary hold on the order. Messitte's reasoning was grounded in respect for statutory authority and separation of powers: "By giving states and local governments the power to veto where refugees may be resettled—in the face of clear statutory text and structure, purpose, congressional intent, executive practice, judicial holdings, and constitutional doctrine to the contrary—Order 13888 does not appear to serve the overall public interest."
Mexico: 60,000 'disappeared' in drug war
Mexican authorities announced Jan. 6 that an estimated 61,637 people have disappeared amid the country's drug war. A previous analysis in April 2018 put the figure at just 40,000. The new figure was calculated based on analysis of data from state prosecutors. While the cases analyzed date back as early as the 1960s, more than 97% of the cases have occurred since 2006, when then-president Felipe Calderón began a military crackdown on drug traffickers. More than 5,000 people disappeared last year, according to Karla Quintana, head of Mexico's National Search Commission (Comisión Nacional de Búsqueda de Personas).
Sudan to investigate Darfur war crimes
The state prosecutor of Sudan, Tagelsir al-Heber, on Dec. 22 announced the launch of an investigation into the crimes committed in the Darfur region under former President Omar al-Bashir. Al-Bashir has already been arrested by the Sudanese government for corruption and is wanted by the International Criminal Court (ICC) for war crimes and grave rights violations committed in the Darfur region of Sudan as early as 2002.
Chile to vote on new constitution next year
Chile's President Sebastian Piñera signed a law on Dec. 23 allowing a referendum on a new constitution for the country. The law was passed by the Chilean congress last week following more than two months of mass protests. The referendum is scheduled for April 26, and asks voters two questions: should Chile have a new constitution; and who should write it, an assembly of elected citizens or an assembly that would include a mix of current lawmakers?
Death sentences in murder of Jamal Khashoggi
Saudi Arabia's public prosecutor announced Dec. 23 that five people have been sentenced to death and three sentenced to prison terms in connection with the murder of journalist Jamal Khashoggi at the Saudi consulate in Istanbul last year. The verdict revealed that charges had been dismissed for the remaining three of the 11 that had been on trial. The trial did not find that the killing was premeditated. Among those not indicted were two top Saudi officials, who were exonerated due to lack of evidence. Khashoggi, a Saudi journalist and columnist for the Washington Post, entered the consulate to obtain marriage documents in October 2018, only to be killed there, his body dismembered and later taken from the consulate. The remains have yet to be found.

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