Jurist

Germany: no compensation in Afghan air-strike

Germany's Federal Court of Justice on Oct. 6 ruled that relatives of the victims of a 2009 air-strike in Afghanistan are not entitled to compensation. The court held that international law does not award damages or compensation for violations of international humanitarian law. Additionally, there is no legal basis for damages under German law because the scope of public liability does not extend to military missions abroad. The lawsuit concerned an air-strike ordered by Brig. Gen. Georg Klein near Kunduz, on Sept. 4, 2009. The air-strike killed 91, including many civilians. Germany has paid $5,000 to relatives of each civilian that died in the attack, but the victims' relatives were seeking additional compensation.

World Court turns down nuclear arms case

The International Court of Justice (ICJ) on Oct. 5 refused (PDF) to hear a claim by the Marshall Islands that the UK, India and Pakistan have failed to halt the nuclear arms race, finding that it does not have jurisdiction over the matter. The Marshall Islands was the site for numerous nuclear tests carried out by the US during the Cold War arms race, and claims that such experience allows it to testify on the danger of a nuclear arms race. The nation accused nine countries of not complying with the 1968 Nuclear Non-Proliferation treaty (PDF). However, the ICJ can only consider the cases for Britain, India and Pakistan, as China, France, Israel, North Korea, Russia and the US have not recognized the court's jurisdiction. The Marshall Islands claims that these countries have breached their obligations under the treaty, which commits all states with nuclear capabilities "to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament."

Court blocks Indiana from refusing Syrian refugees

The US Court of Appeals for the Seventh Circuit on Oct. 3 affirmed (PDF)  an Indiana district court ruling that blocked the state government's effort to prevent resettlement of Syrian refugee families in the state. The lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of Exodus Refugee Immigration. The complaint (PDF) alleged that Indiana Governor Mike Pence  violated the Constitution and federal law, specifically the Refugee Act, by attempts to interfere with resettlement of Syrian refugees. In an opinion by Judge Richard Posner, the Seventh Circuit agreed:

El Salvador reopens massacre investigation

A court in El Salvador will reopen an investigation into the Mozote massacre of 1981, according to human rights lawyers on the case Oct. 1. Lawyers from the Center for Justice and International Law (CEJIL) and other human rights groups requested the investigation on behalf of victims last month. CEJIL and other lawyers urged the Prosecutor General to consider his position opposing the investigation, because the Supreme Court of El Salvador, in striking down the country's amnesty law, recognized that the state has a duty to investigate grave violations of international human rights. The court is requesting information from the military regarding the operations in December 1981, including the identities of military officials in command positions at the time.

Mohawk band forms indigenous legal system

The Mohawk band council of Akwesasne in Canada has introduced its own legal system independent of the country's federal system. This marks the first instance of an indigenous people creating its own legal system in Canada. While First Nation band councils have passed and enforced legislation on reserves for years, the new court framework was drafted by the community and is not tied to the Indian Act or any agreement with the Canadian government. Under the proposed legal system, justices and prosecutors are asked to enforce a variety of civil laws, while criminal matters still remain within the purview of the federal or provincial courts. The civil matters range from sanitation to property and wildlife conservation. The new system is underpinned by concepts of restorative justice, as there are no jail terms and offending parties are to use their skills to benefit the community. Questions remain as to what extent Akwesasne law will be recognized by provincial and federal courts.

Hungary refugee referendum invalidated

Low voter turnout has invalidated the referendum of Oct. 2 in which Hungarian citizens voted overwhelmingly to oppose any EU mandatory placement of refugees. The proposed plan sought to share 160,000 asylum seekers throughout the 28-member bloc through imposition of mandatory quotas. The Hungarian government had opposed the imposition of the plan, along with other countries. Prime Minister Viktor Orbán nonetheless expressed his support for the referendum's results as "excellent" and praised the turnout of voters.

West Bank, Gaza divded on municipal elections

The Palestinian high court in Ramallah on Oct. 3 amended a previous ruling, holding that municipal elections can take place, but only in West Bank and not in the Gaza Strip. The court had previously held that the election, once scheduled for Oct. 8, would not proceed after Hamas disputed party lists drawn by Palestinian President Mahmoud Abbas' Fatah party. In adjusting its previously holding, the court said that it would "implement the cabinet's decision to hold elections in all local councils except in the Gaza Strip," adding that Gaza did not have the necessary "guarantees" to hold the polls. The new election date must be decided within four weeks. Hamas has been quick to criticize the decision as politically motivated. Had the court allowed elections to take place in the Gaza Strip it would have been the first election between Hamas and Fatah since 2006. Hamas won a majority of the seats in the legislative polls in 2006, sparking a tumultuous rift in Palestinian politics, culminating in Hamas seizing the Strip from Abbas-loyal forces in 2007. No Palestinian presidential election has taken place since 2005 and Abbas has retained office since, despite expiration of his term.

UN condemns US drone strike in Afghanistan

The UN Assistance Mission in Afghanistan (UNAMA) on Sept. 29 condemned an air-strike launched by an unmanned aerial vehicle that struck a civilian home, killing 15 and injuring 13, including one child. The strike, apparently targeting Islamic State (ISIS) militants, was conducted during the early morning hours of that day in the eastern district of Achin where civilians had gathered in a village to celebrate the return of a tribal leader from the pilgrimage to Mecca. The US has admitted conducting the strike, and said it is under investigation. Expressing condolences to the families of those killed, UNAMA reiterated the need for all parties involved in the conflict to comply with international humanitarian law. UNAMA called on the government and international military forces to launch "a prompt, independent, impartial, transparent, and effective investigation into this incident."

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