Jurist

Emir of Kuwait dissolves parliament

The Emir of Kuwait, Sheikh Sabah al-Ahmad al-Sabah, issued a decree to dissolve the parliament on Oct. 16. The decision was made due to "mounting security challenges as well as volatile regional developments." As of late, tension has been rising between the government and parliament, as parliament members sought to question government leaders regarding a decision to increase petrol prices and other alleged financial and administrative violations. Kuwait has been under increasing pressure as global oil prices have dropped, forcing the country to cut back on numerous subsidies, causing civil unrest. In addition, Kuwait has faced threats of attack by ISIS.

African women protest at Mt. Kilimanjaro

Women from various African countries gathered at the foot of Mt. Kilimanjaro in Tanzania to demand land rights Oct. 15, during observations of International Day of Rural Women. The protest, dubbed the "Women to Kilimanjaro Initiative," is an attempt to bring attention to denial of land rights and other unequal treatment women face across various economic sectors. [Organizers noted that women are particularly vulnerable to land-grabbing in countries where rural families often lack legal title to their lands, and are less likely to receive just compensation for lost lands. A small delegation of women even climbed the peak itself—an elevation of nearly 6,000 meters above sea level—in a symbolic statement of their determination.] Under the social media campaign #Women2Kilimanjaro, the women called on governments to enforce laws and policies that promote land rights and gender justice. The women also circulated a petition that will be delivered to regional leaders in the coming days.

Court allows Dakota Access Pipeline to proceed

The US Court of Appeals for the District of Columbia Circuit on Oct. 9 ruled (PDF) against Native American tribes, allowing construction on the Dakota Access Pipeline to move forward. The Standing Rock Sioux and the Cheyenne River Sioux tribes sought a permanent injunction to block construction of the 1,170-mile pipeline, which they say would be built on sacred burial grounds and would pose an environmental risk to the surrounding rivers. In its ruling, however, the court said the final decision will be up to the Army Corps of Engineers. The chairman of the Standing Rock Sioux Tribe said (PDF) the pipeline will endanger millions of lives, and that the tribe will continue to fight against it. The starement also noted that construction crews have already destroyed many historic burial sites and artifacts.

Guatemala: constitutional reform advances indigenous rights

The Office of the UN High Commissioner for Human Rights (OHCHR) in a press briefing Oct. 7 welcomed the presentation of a draft bill on constitutional justice reforms in the Guatemalan legislature. Stating that this "represents an historic opportunity to consolidate the remarkable progress the country has achieved in the fight against impunity and corruption in recent years," the OHCHR expressed hope that the bill would be swiftly approved by the Guatemala Congress. Among other things, the bill seeks to improve access to justice for women and indigenous peoples, recognize indigenous peoples' legal jurisdiction over internal matters, strengthen the independence and objectivity of judges and magistrates, and depoliticize the nomination and appointment of officials in the justice system.

Ex-Gitmo detainee maintains Uruguay hunger strike

Uruguay's Foreign Minister, Rodolfo Nin Novoa, on Oct. 7 urged a former Guantánamo prisoner, Jihad Diyab, to call off his hunger strike, stating that Montevideo is attempting to transfer him to another country. Diyab is a Syrian national who was held for 12 years in Guantánamo without being formally charged and was released in 2014 along with five other prisoners. Diyab started this strike two months ago demanding that he be reunited with his family. According to rights groups, Diyab is conscious although in weak physical condition. Novoa reiterated that his government will "continue looking for a better future for him and his family" and urged Diyab to abandon his hunger strike immediately.

Ex-CIA officials ordered to testify in torture suit

A judge for the US District Court for the Eastern District of Washington on Oct. 4 ruled (PDF) that four former high-ranking Central Intelligence Agency (CIA) officials must testify in depositions in a lawsuit against two psychologists who designed the CIA torture program. The American Civil Liberties Union (ACLU)  filed the lawsuit last year against James Mitchell and John "Bruce" Jessen, who allegedly designed torture techniques and persuaded the CIA to adopt these techniques as official practice. According to the lawsuit, they personally took part in many of the torture sessions and oversaw the entire program's implementation. The court order also requires the government to furnish documents requested by the psychologists. Although the federal government is not a party in the case, it filed motions to prevent the depositions, arguing that it could lead to an accidental disclosure of classified information. The court denied the request, and stated counsel for the parties must agree on scheduling the depositions and the best manner to conduct them efficiently.

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."

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