Daily Report
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.
Hong Kong activist barred by Thai military regime
Hong Kong pro-democracy activist Joshua Wong was barred from entering Thailand and deported Oct. 5. The 19-year-old was detained on arrival at Suvarnabhumi airport, held by police for 12 hours and then flown back to Hong Kong. Wong had been invited by Thai student activist Netiwit Chotipatpaisal to speak at events marking the 40th anniversary of a student massacre in 1976. The deputy commander of Suvarnabhumi airport's immigration office said at a press conference that Wong was blacklisted after China asked the Thai government to deny him entry, according to a report in Thai media. Thailand's military rulers, in power since a 2014 coup, denied any role in the detention. But junta leader Prayuth Chan-ocha told reporters after the deportation: "He already went back to China. Officials there have requested to take him back. It's Chinese officials' business. Don't get involved too much. They are all Chinese people no matter Hong Kong or mainland China."
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."
Bolivia tilting back to prohibitionist stance?
President Barack Obama once again singled out Washington's biggest political adversaries in Latin America for censure in this year's White House report on global anti-drug efforts. The annual memorandum to the State Department, "Major Drug Transit or Major Illicit Drug Producing Countries," released Sept. 12, lists 17 Latin American countries out of a total of 22 around the world. As has now become routine, Bolivia, Venezuela and Burma are blacklisted as countries that have "failed demonstrably during the previous 12 months to adhere to the obligations under international counternarcotic agreements." (InSight Crime, Sept. 13)
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:
More US troops to Iraq —on whose side?
The Pentagon plans to send some 600 additional troops to Iraq to help launch a long-awaited offensive to retake Mosul from ISIS in the coming weeks. Added to the 560 new troops announced in July, this will bring total US troop strength in Iraq to over 5,000. Most of the new troops will be deployed to Qayyarah, an Iraqi air-base also known as Q-West, about 40 miles south of Mosul that has become the key staging base for the offensive. Some also will be deployed to the al-Asad base, which is further west in Anbar province. (LAT, Sept. 28)
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.
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