Jurist
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.
Venezuela: exiled jurists file complaint with ICC
Venezuelan Supreme Court justices currently in exile have filed a complaint with the International Criminal Court (ICC) accusing President Nicolas Maduro of crimes against humanity. The complaint was initially filed with Venezuela's Supreme Tribunal of Justice (STJ) by Hebert Garcia Plaza, a former member of the Maduro cabinet. However, the STJ stated that many of the actions alleged in the complaint could potentially qualify as crimes under the Articles 5, 6 and 7 of the Rome Statute (PDF) and that, under Venezuelan law, it did not have jurisdiction to consider the matter. Accordingly, the complaint was filed with the ICC.
ICC to investigate US war crimes in Afghanistan
International Criminal Court (ICC) chief prosecutor Fatou Bensouda made a formal request (PDF) on Nov. 20 to investigate alleged war crimes and crimes against humanity committed by the US military and the CIA. The proposed investigation focuses on alleged crimes committed in Afghanistan by the US military in May 2003, in addition to crimes at secret CIA detention facilities in Poland, Romania and Lithuania since July 2002. The allegations are brought under articles 7 and 8 of the Rome Statute and include murder, unlawful imprisonment, torture and cruel treatment, outrages upon personal dignity, rape and sexual violence, and using, conscripting or enlisting children under the age of 15 years.
Ratko Mladic guilty in Bosnia genocide
Former Bosnian Serb Army commander Ratko Mladić was sentenced to life imprisonment Nov. 22 by the United Nations' International Criminal Tribunal for the former Yugoslavia (ICTY), for crimes committed during the Bosnian conflict from 1992 to 1996. Mladić was found guilty of two counts of genocide, crimes against humanity (five counts: persecutions; extermination; murder; deportation; and inhuman acts), and violations of the laws or customs of war (four counts: murder; terror; unlawful attacks on civilians; and taking of hostages).

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