Jurist

Afghanistan: civilian casualties at new record high

According to the annual report (PDF) by the UN Assistance Mission in Afghanistan (UNAMA), civilian casualties in Afghanistan for 2016 were at a new record high. A total of 3,498 civilians were killed and 7,920 were wounded. Of the dead, 923 were children, as were 2,589 of the injured. Tadamichi Yamamoto, the Special Representative of the Secretary General, said, "All parties to the conflict must take immediate concrete measures to protect the ordinary Afghan men, women and children whose lives are being shattered."

Puerto Rico governor approves statehood poll

Puerto Rico Governor Ricardo Rosselló on Feb. 3 approved a law (PDF) calling for a non-binding referendum on statehood for the US territory. The referendum, to be held in June, will allow the voters to choose between statehood, independence or "free association." Those in support of statehood believe it could help Puerto Rico restructure its $70 billion in public debt and stave off further federal austerity measures. If approved, statehood would allow Puerto Rico to receive $10 billion in federal funds per year, as well as allowing government agencies and municipalities to file for bankruptcy. Rosselló called the vote "a civil rights issue" and said the US will have to "respond to the demands of 3.5 million citizens seeking an absolute democracy." Puerto Rico's citizenry is currently denied many of the benefits of citizens of US states, including equal access to Social Security and Medicare, despite paying taxes for these services. In addition, Puerto Rico's representative in Congress, Jenniffer González, is only allowed to vote in House committees in which she is a member.

World Court to hear Kenya-Somalia maritime case

The International Court of Justice (ICJ) on Feb. 2 ruled that it has the authority to adjudicate a dispute over a stretch of water in the Indian Ocean that is potentially laden with oil and gas. Somalia asked (PDF) the ICJ to rule on the dispute in 2014 after negotiations with Kenya broke down over the 100,000-square mile stretch. The ICJ rejected Kenya's claim that a 2009 agreement (PDF) between the two countries to settle the dispute through negotiations deprives the court of jurisdiction in the matter. Kenya's attorney general, Githu Muigaistated: "Kenya maintains the view that litigation can resolve only one aspect of a wide range of complex issues the parties must agree upon." This decision allows the case to proceed, with no date set as of yet for the trial to begin.

African Union leaders back leaving ICC

Leaders of multiple African countries announced Feb. 1 that they have backed a "strategy of collective withdrawal" from the International Criminal Court (ICC). Prior to this week's African Union (AU) summit, the AU issued a document seen by Reuters that proposed a coordinated withdrawal unless the ICC is reformed. The AU claims that the ICC is improperly focusing on prosecuting individuals from African countries, and its exit could be significant, as almost a third of the ICC's member countries are African. The AU and the ICC have had a tumultuous relationship over the course of the past year. In July an AU advisory board accused the ICC of narrowly focusing its investigations on African government leaders since its inception in 2002. The AU's Economic Social and Cultural Council (ECOSOCC) recommended that members quit the ICC should Rome Statute signatories follow through with a proposed amendment allowing the prosecution and arrest of sitting heads of state. Human Rights Watch stated that giving sitting leaders immunity would defeat the purpose of the ICC's creation.

Pakistan: acquittals in Christian home burnings

A Pakistani anti-terrorism court acquitted 112 individuals suspected of taking part in the 2013 burning of 150 Christian homes and two churches in Lahore's Josep Colony. Ghulam Murtaza Chaudhry, the lawyer defending the suspects, stated that the suspects were acquitted because of a lack of evidence. Chaudhry stated the testimony of the plaintiffs was inconsistent and they could not identify those accused. The suspects were being charged under Pakistan's blasphemy law, which outlaws blasphemy against any recognized religion and provides penalties that range from a fine to death. At the time the acquittal was handed down, all 112 suspects were out on bail.

UN urges Trump not to reinstate torture policies

Nils Melzer, the UN Special Rapporteur on torture, on Jan. 30 urged US President Donald Trump not to reinstate torture policies. Melzer referenced the 2014 US Senate Intelligence Committee Report (PDF), which stated that the Central Intelligence Agency's use of "enhanced interrogation techniques was not an effective means of acquiring intelligence" and "rested on inaccurate claims of their effectiveness." Melzer criticized Trump's pledge to reinstate torture by asserting that "waterboarding" is a form of torture, that the use of torture is not legally or morally acceptable, and that the use of torture is prohibited by the Convention against Torture, the International Covenant on Civil and Political Rights and the Geneva Conventions. Melzer concluded:

Trump issues executive orders on immigration

President Donald Trump on Jan. 25 signed two executive orders on immigration, marking the beginning of Trump's efforts to fulfill his controversial immigration policy. The first order, titled "Enhancing Public Safety in the Interior of the United States," calls for, among other things, withholding federal funding to cities that provide safe haven to immigrants who have illegally entered the US. The second order, titled "Border Security and Immigration Enforcement Improvements," directs the construction of a wall along the Mexican border and an increase in the number of enforcement officials to remove undocumented immigrants. Although the order calls for "immediate construction of a physical wall on the southern border," it does not address construction costs, which Trump has continually said would fall to the Mexican government. Trump intimated that Mexico would be willing to pay for the wall because it would lessen the number of people who travel through Mexico from more southern countries to reach the US.

Netanyahu lifts restrictions on Jerusalem settlements

Israeli Prime Minister Benjamin Netanyahu said Jan. 22 he will be lifting restrictions on Israelis building settlements in East Jerusalem. The statement said, "My vision is to enact sovereignty over all the settlements." Immediately after the announcement, hundreds of building permits were approved by the municipal government. According to Haaretz, Netanyahu delayed lifting restrictions for two weeks to wait for then-US president Barack Obama to leave office. (The restrictions on Jerusalem's urban planning committee had been imposed in response to pressure from the Obama White House.) Netanyahu will be meeting with Obama's successor Donald Trump at some point in the near future. In a statement to Reuters, Nabil Abu Rdainah, spokesperson for Palestinian President Mahmoud Abbas, said: "We strongly condemn the Israeli decision to approve the construction." Netanyahu and his ministers also decided Jan. 22 to postpone discussion of annexing a West Bank settlement.

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