Daily Report

Judge rejects challenge from Gitmo detainee

A federal judge for the US District Court for the District of Columbia on July 30 rejected a legal challenge from a Guantánamo Bay detainee who claimed that his detention at the naval base was illegal. Muktar Yahya Najee al-Warafi from Yemen was captured in Afghanistan and has been held at Guantánamo since 2002. In his challenge, he claimed that his imprisonment was unlawful due to recent statement by President Barack Obama that hostilities between the US and the Taliban have ended. Warafi brought the action under the Authorization for Use of Military Force (AUMF), arguing that the stated end of hostilities made it unlawful to continue holding him. However, Judge Royce C. Lamberth wrote that the government had presented "convincing evidence that US involvement in the fighting in Afghanistan, against al-Qaida and Taliban forces alike, has not stopped... A court cannot look to political speeches alone to determine factual and legal realities merely because doing so would be easier than looking at all the relevant evidence." Warafi has yet to decide if he will appeal.

West Bank violence following 'price tag' slaying

Violence was reported across the West Bank and Jerusalem July 31, as Palestinians protested the "price tag" killing of an 18-month-old infant in Duma, near Nablus. The 18-month-old was killed an arson attack when suspected Israeli settlers smashed the windows of two homes in Duma, throwing flammable liquids and Molotov cocktails inside and catching the homes ablaze. The infant, Ali Saad Dawabsha, was trapped inside the family's home as the fire spread. The child was burned alive. His parents and four-year-old brother were left with severe burns. Graffiti near the scene of the attack said "Price tag," "Revenge" and "Long live Messiah the king" in Hebrew. Israeli authorities, including Prime Minister Netanyahu, condemned the attack as "terrorism."

Libya court sentences Qaddafi son to death

A court in Tripoli sentenced Saif al-Islam Qaddafi, son of former Libyan leader Moammar Qaddafi, and eight others to death for war crimes dating back to the 2011 revolution. Twenty-three other defendants were handed sentences ranging from five years to life in prison. The sentence for Saif al-Islam was handed down in absentia, as he is currently detained by a militia in the city of Zintan. Saif al-Islam and others were accused of suppressing peaceful protests, inciting violence, and murdering protesters. The sentences have been criticized by many international advocacy groups, including Human Rights Watch, which stated the trial was "undermined by serious due process violations" and failed to deliver justice.

China allows first pollution suit under new law

China's Qingdao Maritime Court on July 27 ruled that a lawsuit against ConocoPhillips China and China National Offshore Oil for a 2011 oil spill can proceed. The suit was brought by the China Biodiversity Conservation and Green Development Foundation and it the first case to proceed since the country revised a law (LoC backgrounder) allowing NGOs to directly sue polluters in the public interest. The Chinese government has already fined the companies approximately $258 million for the spill. Other cases are also pending under the law, which became effective on Jan. 1.

US betrays Rojava Kurds (inevitably)

Well, the long-awaited "other shoe" is finally dropping. It is clear that Washington has given Turkey a green light to crush the revolutionary Kurds—in Turkey, Syria and Iraq alike—as the price of Ankara's cooperation against ISIS. And it's also pretty clear that crushing the Kurds is far more of a priority for Ankara than fighting ISIS. The New York Times writes: "Turkey's new airstrikes...against the Islamic State...came alongside an equally intense barrage on Kurdish militants in Iraq, whose Syrian affiliates are also fighting the Islamic State." Equally intense or far more intense? Media accounts have few specifics of ISIS targets hit by the Turkish strikes. But Haaretz reports: "Turkish fighter jets launched their heaviest assault on Kurdish militants in northern Iraq overnight since airstrikes began last week... The F-16 jets hit six targets in Iraq and were scrambled from an air base in Turkey's southeastern province of Diyarbakir... Turkey began bombing PKK camps in northern Iraq last Friday in what government officials have said was a response to a series of killings of police officers and soldiers blamed on the Kurdish militant group."

Neo-Nazi terror attack on German left-wing pol?

A German leftist politician who had faced threats for his work in support of refugees and immigrants escaped unhurt after a bomb placed under his car exploded outside his home July 27. The attack, targeting Michael Richter of Die Linke party, came in the the eastern German city of Freital, near Dresden. Richter and the leftist party are known for their work in support of refugees and immigrants. Die Linke parliamentary group released a statement saying: "The perpetrator or perpetrators have to be swiftly identified and punished. The rule of law cannot stand idly by the increasing violence against refugees and against people like Michael Richter, who take a stand for the well-being of refugees." Martin Bialluch, spokesman for Die Linke, told the Kurdish news agency Rudaw: "We have no proof about the perpetrators yet, but Michael Richter was often threatened for his work, by far right or racist groups."

Tunisia parliament approves new anti-terror law

Tunisia's parliament on July 25 voted to approve a new anti-terror law despite strong criticism from NGOs and human rights groups. The law, which replaces 2003 legislation passed under the dictator Zine El Abidine Ben Ali, was adopted following a June attack in Sousse and a March attack on Tunisia's national museum, both claimed by the Islamic State. The adoption of the law came after three days of parliamentary debate and a vote of 174-0 with 10 abstentions. Though the law has been hailed by some as a great step towards making the country safer, Human Rights Watch claims that it will "open the way to prosecuting political dissent as terrorism, give judges overly broad powers and curtail lawyers' ability to provide an effective defense." Part of the concern for the bill, advocacy groups say, comes from the law's vague definition of terrorist crimes and its failure to provide enough protection for the rights of defendants. Leftist opposition members also contend that the law does not distinguish between acts of terror and protests.

Turkey launches Syria intervention

News reports today have Turkey finally intervening in Syria and Iraq against ISIS. The USA Today headline is typical: "Turkey expands anti-Islamic State campaign." However, the specifics about the targeting indicate that anti-ISIS Kurdish forces are actually being hit. BBC News reports that the Kurdish-led People's Protection Units (YPG) say Turkish tanks shelled their fighters at the border villages of Zormikhar and Til Findire, near Kobani in northern Syria. Daily Sabah quotes an anonymous Turkish official denying the claims: "The ongoing military operation seeks to neutralize imminent threats to Turkey's national security and continues to target the self-proclaimed Islamic State of Iraq and al-Sham (ISIS) in Syria and the PKK in Iraq... PYD, along with others, remains outside the scope of the current military effort." This strikes us as a disingenuous statement, as the Democratic Union Party (PYD) is the civil and political entity that runs the Kurdish autonomous zone in northern Syria (in alliance with other formations), while the YPG is its military arm. So the Kurdish self-defense forces could be coming under attack, and this statement would still be (very narrowly) correct. A BBC News account also notes that the intervention comes as the US and Turkey have announced that they are working together on military plans to create an "Islamic State-free zone" in Syria's north—in other words, the long-anticipated buffer zone that is really aimed at destroying the Kurdish autonomous zone and amounts to a de facto Turkish annexation of Syrian territory. The "IS-free zome" (perhaps better dubbed a "PYD-free zone") is reportedly to extend 68 miles (109 kilometers) west of the Euphrates River.

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