Jurist

UN sees possible crimes against humanity in Gaza

The UN Human Rights Council released the Report of the Independent International Commission of Inquiry on the Protests in the Occupied Palestinian Territory on Feb. 28, finding potential crimes against humanity committed by Israel. The report focuses on the period from May 30 to December 31, 2018, when the Gaza protest campaign known as the "Great March of Return and the Breaking of the Siege" was taking place. During the seven months studied, 6,106 unarmed protesters were shot by military snipers, resulting in 189 Palestinian deaths. "[B]ullet fragmentation, rubber-coated metal bullets or...hits from tear gas canisters" injured an additional 3,098 Palestinians. The UN Independent Commission of Inquiry found 35 of the fatalities were children, three were clearly marked paramedics, and two were clearly marked journalists. Four Israeli soldiers were injured at protest sites, and one soldier was killed outside of the protest sites.

Turkish court upholds convictions of journalists

An appeals court in Turkey on Feb. 19 upheld the convictions of 14 employees of Cumhuriyet, a Turkish news outlet that has been critical of President Recep Tayyip Erdoğan. The defendants—including journalists, a cartoonist, executives and accountants—were sentenced in April to prison terms between four and eight years on charges of "acting on behalf of a terrorist group without being members." The Third Criminal Chamber of the Istanbul Regional Court of Justice reviewed and upheld each of these sentences. In Turkey, sentences less than five years cannot be overturned once they are upheld by an appellate court, meaning that eight of the defendants must now serve out their terms. The remaining defendants with longer sentences plan to appeal to Turkey's Supreme Court.

Legal challenge to Trump emergency declaration

A 16-state coalition filed a lawsuit against President Donald Trump's administration on Feb. 18, requesting the court to issue a judicial determination that Trump's national emergency declaration over the southern border wall is unconstitutional. California Attorney General Xavier Becerra announced the lawsuit, stating: "Unlawful southern border entries are at their lowest point in 20 years, immigrants are less likely than native-born citizens to commit crimes, and illegal drugs are more likely to come through official ports of entry. There is no credible evidence to suggest that a border wall would decrease crime rates."

House resolution to end Yemen military aid

The US House of Representatives passed House Joint Resolution 37 on Feb. 13, calling for the withdrawal of US armed forces from hostilities in the Republic of Yemen. The resolution states that only Congress has the authority to declare war, and notes that Congress has not made any declaration of war against the Houthi rebels in Yemen, who are the target of Saudi-led forces. US armed forces have supported Saudi Arabia through aerial targeting assistance, intelligence sharing, and mid-flight aerial refueling. The resolution gives President Donald Trump 30 days to withdraw forces from hostilities in or affecting Yemen. Forces which are involved in operations directed at al-Qaeda in the region are exempt from the resolution. The resolution also does not restrict the sharing of intelligence. It also specifies that the resolution does not impact military operations undertaken in cooperation with Israel.

Trump declares state of emergency for border wall

President Donald Trump on Feb. 15 announced a state of emergency to obtain $8 billion for a border wall between the US and Mexico. A significant amount of the funds are expected to come from the Department of Defense budget, but Trump was not clear regarding funding or spending plans. The declaration was announced in a statement to the press that included information about trade negotiations with China and various other unrelated concerns. Trump gave this speech moments after he signed a spending bill passed by Congress, which prevents another government shutdown. The bill included about $1.4 billion in funding to assist with border security, which is far lower than the $5.7 billion demanded by Trump for his wall during the government shutdown.

ICE condemned for force-feeding detainees

Human Rights Watch (HRW) on Feb. 1 condemned US Immigration and Customs Enforcement (ICE) for force-feeding detained migrants. According to a report from the Associated Press, detained men at the agency's El Paso Processing Center have been participating in a hunger strike since early January. ICE officials said that 11 men are striking, but AP reports the number may be closer to 30. In order for ICE to consider detainees to be a hunger strikers, they must miss nine consecutive meals. In mid-January a federal judge authorized ICE to force-feed six of the protesters. An ICE official told AP that it is "exceedingly rare" for a judge to authorize force-feeding. The detained men have been protesting "rampant verbal abuse and threats of deportation from guards" and long detentions while awaiting a hearing. Most of the hunger strikers are from India or Cuba.

Bahrain upholds life sentence of opposition leader

Bahrain’s highest court on Jan. 28 upheld a life sentence for Shi'ite cleric and opposition leader Sheikh Ali Salman, for spying on behalf of neighboring Qatar. According to Amnesty International, the case is based on conversations that Salman had in 2011 with the then-Prime Minister and Minister of Foreign Affairs of Qatar, Sheikh Hamad bin Jassim bin Jabr al-Thani. Salman was initially acquitted, but he was sentenced to life imprisonment in November 2018 by the court of appeals. This term has now been affirmed by the Cassation Court. Amnesty International called the verdict a "bitter blow to freedom of expression." The organization's Middle East director Samah Hadid said it "exposes the country's justice system as a complete farce. The decision to uphold Sheikh Ali Salman's conviction and life prison sentence following an unfair trial highlights the authorities' determination to silence critical voices."

UN rights chief condemns Sudan repression

The UN High Commissioner for Human Rights, Michelle Bachelet, on Jan. 17 called on the government of Sudan to protect its people's rights to peaceful assembly and freedom of expression in the face of mounting violence. Since mid-December, anti-government demonstrations have been taking place in multiple cities across Sudan. As of Jan. 6, a total of 816 people had been arrested, including "journalists, opposition leaders, protestors and representatives of civil society." The government has confirmed 24 deaths but other reports place the number at double that. There have also been reports of security forces following protesters into hospitals and firing tear-gas and live ammunition inside.

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