Daily Report

World Court to hear Kenya-Somalia maritime case

The International Court of Justice (ICJ) on Feb. 2 ruled that it has the authority to adjudicate a dispute over a stretch of water in the Indian Ocean that is potentially laden with oil and gas. Somalia asked (PDF) the ICJ to rule on the dispute in 2014 after negotiations with Kenya broke down over the 100,000-square mile stretch. The ICJ rejected Kenya's claim that a 2009 agreement (PDF) between the two countries to settle the dispute through negotiations deprives the court of jurisdiction in the matter. Kenya's attorney general, Githu Muigaistated: "Kenya maintains the view that litigation can resolve only one aspect of a wide range of complex issues the parties must agree upon." This decision allows the case to proceed, with no date set as of yet for the trial to begin.

Afghan government losing territory to insurgency

The Afghan government controls less than 60% of the country's territory, a US oversight agency reports, with security forces retreating from many areas last year. The Afghan government "has lost territory to the insurgency" and "district control continues to decline," the Special Inspector General for Afghanistan Reconstruction (SIGAR) said in its most recent quarterly report to the US Congress Feb. 1. According to SIGAR, the Afghan government controls or influences just 52% of the nation's 407 districts today compared to 72% in Nov. 2015. "The ANDSF [Afghan National Defense and Security Forces] has not yet been capable of securing all of Afghanistan and has lost territory to the insurgency" since the last reporting period. The Afghan government has lost control of more than six% of the country's districts since SIGAR issued its last report on Oct. 30. (LWJ, Reuters)

African Union leaders back leaving ICC

Leaders of multiple African countries announced Feb. 1 that they have backed a "strategy of collective withdrawal" from the International Criminal Court (ICC). Prior to this week's African Union (AU) summit, the AU issued a document seen by Reuters that proposed a coordinated withdrawal unless the ICC is reformed. The AU claims that the ICC is improperly focusing on prosecuting individuals from African countries, and its exit could be significant, as almost a third of the ICC's member countries are African. The AU and the ICC have had a tumultuous relationship over the course of the past year. In July an AU advisory board accused the ICC of narrowly focusing its investigations on African government leaders since its inception in 2002. The AU's Economic Social and Cultural Council (ECOSOCC) recommended that members quit the ICC should Rome Statute signatories follow through with a proposed amendment allowing the prosecution and arrest of sitting heads of state. Human Rights Watch stated that giving sitting leaders immunity would defeat the purpose of the ICC's creation.

Morocco joins AU; Sahrawi Republic betrayed?

As Morocco is readmitted to the African Union at the continental body's 28th summit in Addis Ababa, it is pushing for the suspension of Western Sahara, placing the AU in a difficult position. The AU has long backed self-determination for the Moroccan-occupied territory, and recognized the Sahrawi Arab Democratic Republic (SADR) as the representative of its people. Morocco dropped out of the Organization of African Unity (precursor to the AU) in 1984 in protest at the SADR's admission to the body. At Addis Ababa, Rabat won the backing of a simple majority of AU members for its return to the body. Among the dissenting votes was South Africa, whose ruling African National Congress (ANC) issued a statement calling the readmission of Morocco an "important setback for the cause of the Saharawi people." Rabat stopped short of explicitly demanding the AU withdraw its recognition of the SADR, with King Mohammed VI saying in a statement: "On reflection, it has become clear to us that when a body is sick, it is treated more effectively from the inside than from the outside." SADR's Foreign Minister Mohamed Salem Ould Salek, howver, said Morocco's readmission represents "a victory of the Sahrawi people since Morocco had finally accepted to sit alongside its neighbor, Western Sahara." (Africa in Fact, Feb. 1 via AllAfricaBBC News, Sahara Press Service, SPS, Jan. 31; The East African, Jan. 30 via AllAfrica)

Philippines strongman threatens martial law

In his latest outrage, the Philippines' ultra-hardline President Rodrigo Duterte now threatened to actually impose martial law across the country if the drug problem becomes "very virulent." Reuters on Jan. 16 quoted him as saying: "If I wanted to, and it will deteriorate into something really very virulent, I will declare martial law. No one can stop me." In a comment apparently directed at the Supreme Court and Congress, he voiced open defiance of legal norms: "My country transcends everything else, even the limitations."

Yemen: child killed in Trump's first commando raid

President Trump's first commando raid left dead the US-born 8-year-old daughter of Anwar al-Awlaki, the American al-Qaeda leader who was himself killed in a US strike five years ago. US special operations forces on Jan. 30 targeted the home of Abdulrauf al-Dhahab, said to be a leader of al-Qaeda in the Arabian Peninsula (AQAP), in the remote Yemeni district of Yakla. The district is in the central province of al-Baydah, a focal point of US military operations over the past month. The Pentagon said 14 AQAP fighters were killed in the raid, as well as one soldier—said by media accounts to have been a member of SEAL Team 6. Warplanes struck Abdulrauf's home; then US troops descended from helicopters and clashed with local fighters. US helicopters destroyed other homes in the area as fighting intensified. (IANS, NBC, LWJ)

Pakistan: acquittals in Christian home burnings

A Pakistani anti-terrorism court acquitted 112 individuals suspected of taking part in the 2013 burning of 150 Christian homes and two churches in Lahore's Josep Colony. Ghulam Murtaza Chaudhry, the lawyer defending the suspects, stated that the suspects were acquitted because of a lack of evidence. Chaudhry stated the testimony of the plaintiffs was inconsistent and they could not identify those accused. The suspects were being charged under Pakistan's blasphemy law, which outlaws blasphemy against any recognized religion and provides penalties that range from a fine to death. At the time the acquittal was handed down, all 112 suspects were out on bail.

UN urges Trump not to reinstate torture policies

Nils Melzer, the UN Special Rapporteur on torture, on Jan. 30 urged US President Donald Trump not to reinstate torture policies. Melzer referenced the 2014 US Senate Intelligence Committee Report (PDF), which stated that the Central Intelligence Agency's use of "enhanced interrogation techniques was not an effective means of acquiring intelligence" and "rested on inaccurate claims of their effectiveness." Melzer criticized Trump's pledge to reinstate torture by asserting that "waterboarding" is a form of torture, that the use of torture is not legally or morally acceptable, and that the use of torture is prohibited by the Convention against Torture, the International Covenant on Civil and Political Rights and the Geneva Conventions. Melzer concluded:

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