Jurist

Gitmo habeas claim charges Trump discrimination

Eleven Guantánamo inmates filed a writ of habeas corpus (PDF) in the US District Court for the District of Columbia on Jan. 11, claiming that their indefinite detention is due to President Donald Trump's anti-Muslim stance. The inmates argue they can only be legally kept at Guantánamo if their individual circumstances show that they would otherwise return to the battlefield. However, the suit claims that Trump's declaration that all Guantánamo inmates will remain in the prison camp does not take into account any of their individual circumstances, but instead is based on Trump's antipathy toward Muslims. Some of the petitioners have been at Guantánamo for the entirety of its 16 years in use as a prison. Two of the detainees were in the process of being cleared for release under the Obama administration, before the Trump administration put a stop to the release process for all inmates. The petition states that the indefinite detentions violate the due process clause of the Constitution.

UN rights chief against Mexico security legislation

UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Dec. 5 said that Mexico's proposed security legislation will not assist its armed forces in combating the war on drugs, but will contribute to the atmosphere of impunity in the country. The Law on Internal Security (PDF) was approved by the Chamber of Deputies last month. The law would would under certain circumstances allow place police officers to be placed under the command of the armed forces. Despite pressure from rights groups, the law would not place restrictions on the power of the armed forces to regulate themselves, which has led to widespread rights violations, including extrajudicial killings, torture and enforced disappearances.

Argentina: 48 ex-officers sentenced in 'dirty war'

An Argentine judicial panel on Nov. 28 sentenced (PDF) 29 former officials to life in prison, and 19 to between 8-25 years, for murder and torture during the military junta's 1976-1983 "Dirty War." The sentencing concluded a five-year trial and represented Argentina's largest verdict to date for crimes against humanity. Collectively, the 48 defendants were charged with the deaths of 789 victims. The prosecution called more than 800 witnesses to make their case. Additionally, the court acquitted six former officials.

Argentina: judge orders arrest of former president

Argentine Judge Carlos Bonadio ordered (PDF) the arrest of current senator and former president Cristina Fernandez de Kirchner on Dec. 7 for her possible involvement in a cover-up of Iran's participation in the 1994 bombing of a Buenos Aires Jewish center that left 85 people dead. Kirchner served as president of Argentina from 2007 to 2015 before being elected senator. During that time, Kirchner is alleged to have signed a deal with the Iranian government that would allow for Argentine magistrates to interview the officials suspected of ordering the attack in Tehran rather than in Buenos Aires, in an attempt to impede the investigation. For this, Kirchner faces a charge of treason. The crime of treason is punishable by 10 to 25 years in prison in Argentina.

DRC recruited ex-rebels to suppress protests: HRW

The Democratic Republic of Congo (DRC) government recruited former M23 rebel fighters to protect President Joseph Kabila after protests broke out last December over his refusal to step down at the end of his constitutionally mandated two terms, Human Rights Watch (HRW) reported Dec. 5. During December of last year, at least 62 people were killed and hundreds were arrested. The M23 fighters were granted authority to use lethal force. Many journalists were also detained to keep them from reporting about the events taking place. According to the report, rebel forces have long been recruited into the Armed Forces of the Democratic Republic of Congo (FARDC), without formal training or extensive vetting. The forces in question were deserters from the group, who were initially recruited from Rwanda and Uganda. The FARDC have themselves been criticized for various human rights violations.

Yemen: rights group accuses UAE of war crimes

The Arab Organisation for Human Rights in the UK (AOHR-UK) on Nov. 28 called for the International Criminal Court (ICC) to investigate allegations of war crimes in Yemen by the United Arab Emirates (UAE), especially concerning the recruiting of foreign nationals to serve in an army of mercenaries. AOHR-UK sent letters to the governments of Australia, Chile, El Salvador, Colombia and Panama, all countries where the recruitment has taken place, asking that they "withdraw their citizens from these dangerous formations and take measures against the UAE in accordance with the International Convention Against the Recruitment, Use, Financing, and Training of Mercenaries of 1989." (See text of Convention.)

Benghazi suspect convicted on terror charge

A jury in Washington DC  on Nov. 28 acquitted the accused ringleader of the 2012 Benghazi attacks of murder but convicted him on terrorism charges. After five days of deliberations, the jury found Ahmed Abu Khatallah guilty of one count of conspiracy to provide material support or resources to terrorists, one count of providing material support or resources to terrorists, one count of placing lives in jeopardy within the special maritime and territorial jurisdiction of the United States, and one count of using and carrying a semiautomatic weapon during a crime of violence. He was acquitted of the remaining counts against him.

Supreme Court denies review of drone strike

The US Supreme Court stated on Nov. 27 that it would not review (PDF) a lawsuit over a drone strike in Yemen that killed five people. Earlier this year, the US Court of Appeals for the District of Columbia dismissed (PDF) the lawsuit by the families of two Yemeni men allegedly killed by a US drone strike in 2012. The plaintiffs argued that the two family members were victims of a "'signature strike," an attack in which the US "targets an unidentified person...based on a pattern of suspicious behavior as identified through metadata." Further, the plaintiffs argued that the drone operators waited until the two men joined the other three men initially targeted in the strike, in direct violation of international law. A unanimous ruling by a three-judge panel upheld a lower court's finding that "a court should not second-guess an Executive's decision about the appropriate military response" to a potential threat.

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