Jurist

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."

Congress overrides veto of 9-11 bill

The US Congress on Sept. 28 overrode President Barrack Obama's veto of a bill that will allow the families of 9-11 victims to sue Saudi Arabia. Obama had vetoed the Justice Against Sponsors of Terrorism Act (JASTA), stating that it violates international standards of sovereign immunity, and may set a dangerous precedent for the US to be held liable by foreign courts. Obama stated that the decision was necessary to uphold US national interests. Congress voted overwhelmingly to override Obama's veto, with the Senate voting 97-1 and the House 348-77. This is the first veto overridden during Obama's presidency.

Thailand: 'culture of torture' under military regime

Amnesty International on Sept. 28 released a report detailing the prevalence of torture employed by Thai authorities, and asserting that the military government has instated a "culture of torture." The report, "Make Him Speak by Tomorrow," named after an apparently common order given to soldiers, is the product of a two-year investigation and details 74 cases of torture or other forms of ill-treatment implemented by Thai authorities. Although Thailand is a party to the UN Convention against Torture, Amnesty charges that many elements of the legal system allow or incentivize the use of torture. Thailand is currently working on legislation that would criminalize torture, but AI's report also provides suggestions for how the government can resolve the major issues.

Swiss voters approve new surveillance law

Swiss voters on Sept. 25 approved a new surveillance law allowing their national intelligence services broad powers to spy on "terrorist" suspects and cyber criminals, as well as to cooperate with foreign intelligence agencies. While the right to privacy is traditionally considered very important in Switzerland, the new law will allow security agents to tap phones and computer networks. This marks a drastic change from previous surveillance capabilities, under which intelligence agencies relied solely on information from public sources and other authorities. Some left-wing groups have protested, saying the new legislation violates citizens' rights and will undermine Switzerland's neutrality. Amnesty International said the law would lead to "disproportionate" levels of surveillance and was harmful to "freedom of expression." Despite opposition, the new law garnered 65% of the vote.

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