Jurist
Kosovo PM resigns to face war crimes court
The prime minister of Kosovo, Ramush Haradinaj, resigned on July 19 after being called in for questioning by a war crimes court in The Hauge. The court is investigating ex-members of the Kosovo Liberation Army for their actions during the war from 1998-9 that led to Kosovo's independence from Serbia. Haradinaj was a guerrilla commander in that war. Haradinaj stated, "The honor of the Prime Minister and the State must be preserved, and I will never stain it. In the Hague I will go as Ramush Haradinaj and will face the defamation, as required by the honor of the Albanian fighter."
Federal judge allows travel ban lawsuit to proceed
Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
Italy hands down sentences in 'Operation Condor'
An appeals court in Rome sentenced 24 to life in prison on July 8, including former senior officials of the military dictatorships in Chile, Argentina, Paraguay, Uruguay, Brazil, Bolivia and Peru. The officials were found to have been involved in Operation Condor, under which opponents of military rule were tracked down and eliminated across South America's borders in the 1970s and early '80s. The exact number of people who were killed through this operation is not known. The case before the court focused on the disappearance of 43 people, 23 of whom were Italian citizens. The prosecutors applied the universal jurisdiction precedent from the 1998 arrest in London of Chilean ex-dictator Augusto Pinochet. They also referenced the 2016 conviction of leaders of Argentina's military dictatorship, which confirmed the existence of Operation Condor for the first time.
Congo rebel leader convicted of war crimes
The International Criminal Court (ICC) on July 8 convicted Bosco Ntaganda, a notorious Congolese rebel commander known as "The Terminator," of 18 counts of war crimes and crimes against humanity. These crimes were committed in Ituri, Democratic Republic of Congo (DRC), from 2002 to 2003. Ntaganda was found guilty of "murder and attempted murder, rape, sexual slavery, persecution, forcible transfer and deportation" of populations, along with war crimes such as "intentionally directing attacks against civilians." Ntaganda maintained his innocence throughout the trial. He was indicted in 2006 but served as a general in the DRC's army before turning himself in in 2013.
Judge blocks indefinite detention of asylum seekers
A US district court judge ruled on July 1 that the Department of Homeland Security cannot hold migrants seeking asylum indefinitely as was previously ordered by Attorney General William Barr. Judge Marsha Pechman, of the Western District of Washington in Seattle, held that section 235(b)(1)(B)(ii) of the Immigration and Nationality Act, which prohibits releasing on bond persons who have been found to have a credible fear of persecution in their home country, violates the US Constitution. Pechman's decision stated that the plaintiffs in the case, Padilla vs ICE, have established that asylum seekers have "a constitutionally protected interest in their liberty" and a "right to due process, which includes a hearing."
Nicaragua approves police amnesty law
Nicaragua’s Congress on June 8 approved an amnesty law that will offer protection to police and others involved in crimes against anti-government protesters over the past year. According to rights groups, more than 700 people were arrested in demonstrations that erupted in April 2018 when President Daniel Ortega tried to cut social security benefits. More than 300 mostly opposition protesters died in clashes with security forces, while more than 60,000 Nicaraguans have gone into exile due to political strife over the last 14 months. The new law was approved by 70 votes from Ortega's Sandinista National Liberation Front (FSLN) in the 92-member chamber. It also allows for the release of detainees arrested during the protests, despite the fact that Ortega labelled them "terrorists." The new law has faced harsh criticism from human rights groups and the UN.
Afghanistan war crimes victims appeal to ICC
Victims of war crimes in Afghanistan filed an appeal June 10 with the International Criminal Court (ICC) challenging the court's recent decision not to pursue a war crimes investigation in Afghanistan. The appeal was filed by the Center for Constitutional Rights in New York and the Global Justice Clinic at the New York University School of Law, among others, on behalf of the victims. The victims claim that significant war crimes have taken place in Afghanistan and that failure to investigate will deny the victims justice, while allowing the perpetrators to escape justice. The victims further claim that the perpetrators will be free to continue committing war crimes and that the mandate of the ICC will be severely damaged if justice is not served. The victims specifically highlighted that top officials in the US government have failed to comply with the court's requests and, as such, have interfered with the effectiveness of the investigation and the ICC as a whole.
Amnesty: war crimes continue in Burma's Rakhine
Amnesty International on May 29 released a report asserting that Burma's military is continuing to commit war crimes and human rights violations in the context of its campaign against the rebel Arakan Army in Rakhine state. The campaign began after the Arakan Army launched coordinated attacks on police posts in Rakhine on Jan. 4, killing several officers. The report finds that the military has fired indiscriminately in civilian areas, killing and injuring civilians and damaging homes and other property. Soldiers have at times obstructed access to medical treatment for civilians, including children, injured by such attacks.












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