Jurist
UN: Dakota pipeline protesters face excessive force
US authorities are using excessive force against protesters in North Dakota who are trying to halt a proposed oil pipeline project, according to a UN human rights expert on Nov. 15. According to Maina Kiai, the UN Special Rapporteur on the rights to freedom of peaceful assembly and association, about 400 people have been detained in "inhuman and degrading conditions." Protesters are have reportedly been confronted with rubber bullets, tear-gas, mace, compression grenades and bean-bag rounds. If detained, they are reportedly marked with a number and held in overcrowded cages lined with concrete flooring. Kiai labeled these responses by local security forces as "militarized." Kiai said, "This is a troubling response to people who are taking action to protect natural resources and ancestral territory in the face of profit-seeking activity. The excessive use of State security apparatus to suppress protest against corporate activities that are alleged to violate human rights is wrong and contrary to the UN Guiding Principles on Business and Human Rights."
UN demands Turkey release international judge
The president of the UN Mechanism for International Criminal Tribunals, Theodor Meron, demanded (PDF) the release of Turkish judge Aydin Sefa Akay in an address to the UN General Assembly on Nov. 9. The General Assembly had elected Akay as a judge to the MICT in 2011. Turkish officials detained Akay in September after a failed coup against the Turkish government. Turkey's actions violated the diplomatic immunity of international judges, said Meron. In his address, Meron called for "Judge Akay's immediate release from detention and the cessation of all legal proceedings against him."
ICC to expand investigations in Libya
The chief prosecutor for the International Criminal Court (ICC) informed the UN Security Council on Nov. 10 that the ICC wants to significantly expand investigations in Libya in 2017. The ICC began work in Libya in 2011 to investigate crimes against humanity, including murder and persecution. According to Prosecutor Fatou Bensouda, Libya is being made a priority due to "the widespread violence, lawlessness and impunity that currently prevails in many parts of the country; by a desire to provide justice for victims of Rome Statute crimes, and to alleviate the suffering of those civilians who continue to endure the tragic consequences of the conflict in Libya; and finally, by the opportunities for further investigation that the Office has identified." By increasing the priority of Libya, the ICC will be applying for new arrest warrants and executing the warrants in a timely manner. The ICC is requesting additional support from the Security Council for the investigations.
China approves controversial cybersecurity law
The Chinese government on Nov. 7 approved a controversial cybersecurity law that the government says will protect Internet users and minimize fraud—over the protests of international human rights organizations. Calling the law "draconian," Human Rights Watch says it bolsters censorship measures and requires companies to monitor and report vague "network security incidents" and store personal information on users. On the business front, James Zimmerman, chairman of the American Chamber of Commerce in China, called the law a "step backwards." Many believe it will make it harder for foreign business to operate within China, as the law also requires that companies "demonstrate" that they can withstand hacks and are open to more government scrutiny.
Paris Agreement on climate change takes effect
For the first time in history, governments around the world have agreed to legally binding limits on global temperature rises as the Paris Agreement (PDF) on climate change became effective on Nov. 4. All governments that have ratified the accord are now legally obligated to cap global warming levels at 2 C above pre-industrial levels—regarded as a limit of safety by scientists. But environmentalists and other groups have said the agreement may not be enough. According to Asad Rehman of Friends of the Earth: "The Paris agreement is a major step in the right direction, but it falls a long way short of the giant leap needed to tackle climate change. Far tougher action is needed to rapidly slash emissions." Greenpeace also agreed that while the agreement is a major step forward, it needs stronger force. Andrew Norton, director of the International Institute for Environment and Development, further pointed out that governments would need to take measures to ensure that the poorest and most vulnerable countries get adequate financing to tackle climate change problems..
Judge rejects NYPD settlement in surveillance suit
A federal judge has rejected (PDF) the New York Police Department's proposed settlement of a lawsuit accusing the department of improperly monitoring the city's Muslim community. Following the September 11 attacks, the NYPD has reportedly used undercover cops to monitor Muslim neighborhoods, organizations and mosques in the name of national security. In January, a settlement was reached, calling for a stricter modification of the police surveillance "Handschu" guidelines (PDF) and a civilian representative installed for five years to ensure that the NYPD complies. The NYPD declined to accept all proposed modifications yet acquiesced to the establishment of a civilian representative. Nevertheless, US District Judge Charles Haight rejected the proposed settlement, stating that it does not sufficiently protect the constitutional rights of Muslim citizens. Haight suggested that the NYPD further clarify the representative's role, and take additional measures to ensure guideline compliance such as requiring reporting to the court. While expressing disappointment in the ruling, the New York City law department stated its intention to address the judge's concerns.
Saudi air-strikes kill over 90 at Yemen prison
Air-strikes carried out by the Saudi-led coalition killed at least 90 prisoners and injured dozens more in the Zaydiyah district of the Red Sea port city of Hudaydah, Yemen on Oct. 29. The prison housed up to 84 prisoners and was bombed for hours, resulting in the collapse of the building. The bombing occurred hours after a peace agreement between Yemeni rebels of the Houthi movement and Saudi Arabia failed. Before the airstrikes began, Saleh Al Samad, the head of Yemen's Supreme Political Council, accused the coalition of committing human rights abuses in Yemen. The bombings were part of a series of strikes that occurred throughout the day, resulting in a multitude of deaths and injuries. The death toll continues to rise as first responders clear out the area. Ironically, many of those who were detained at the Houthi-controlled prison were actually opponents of the rebels. The coalition has yet to make a comment on the bombing.
Sheriff Joe Arpaio charged with criminal contempt
A federal judge on Oct. 25 ordered (PDF) Arizona's Sheriff Joe Arpaio to be tried on a charge of criminal contempt. Judge Susan Bolton of the US District Court for the District of Arizona made the order after determining that Arpaio disobeyed a court order in a racial profiling case. This comes after Judge G Murray Snow requested that the US Attorney's Office file criminal contempt charges against Arpaio. The criminal contempt charges are a result of a 2007 lawsuit claiming that Arpaio discriminated against Latinos in his enforcement of his immigration patrols. Bolton found that Snow had prohibited Arpaio from enforcing his immigration patrols, in which persons were detained without state charges, but that Arpaio continued to detain such persons and deliver them to US Immigration and Customs Enforcement when there were no charges to bring. Bolton ordered Arpaio's trial for Dec. 6 in Phoenix. The charges against Arpaio could result in fines or prison time if he is convicted.

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