Daily Report

ICC approves Afghanistan war crimes investigation

The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into allegations of war crimes committed by both sides in the Afghanistan conflict. The investigation will focus on "alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan." The Pre-Trial Chamber had rejected a request to open an investigation last year, but the prosecutor appealed based on Article 15 of the Rome Statute. The appeal attempts to resolve the apparent disparity between Article 15, mandating investigations when a prosecutor provides a "reasonable basis to proceed," and Article 53, which allows the court discretion in the interest of justice.The Appeals Chamber’s decision overturned the Pre-Trial Chamber's ruling on the grounds that the determination that the investigation "would not serve the interests of justice" and was an abuse of discretion.

Mexico: drug war dystopia unabated

Mexican lawmakers are predicting legal cannabis by month's end, and portraying it as a key to de-escalating the endemic narco-violence. But national headlines are full of nightmarish cartel violence—making all too clear how big the challenge will be.

Mexico: crisis, militarization on both borders

There were scenes of chaos in Mexico's northern border towns Feb. 29 in response to rulings in rapid succession by a US federal appeals court on the Trump administration's "Remain in Mexico" policy. First, the Ninth Circuit Court of Appeals in San Francisco ruled against the administration's policy, (euphemistically dubbed the Migrant Protection Protocols) that forces migrants and refugees seeking asylum to wait in Mexico while their claims are reviewed, and severely limits the number of migrants eligible for asylum. Thousands of asylum-seekers who had been camped out for weeks in Matamoros, Ciudad Juárez, Nogales and Tijuana immediately amassed at the border crossings, hoping to gain entry to the US. But the crossings were closed, and hours later, the Ninth Circuit granted an emergency stay on the injunction, as requested by the administration, effectively reinstating the MPP while further arguments are heard. The gathered migrants were dispersed by Mexican security forces.

Suit challenges fund diversion for border wall

Three groups filed suit against the Trump administration on Feb. 29 in federal court over the administration's diversion of funds allocated to the Department of Defense for border wall construction. The Trump administration has announced its plan to use $3.6 billion in military construction funds and $2.5 billion in other military funds for wall construction. The administration is attempting to use these funds despite Congress' exclusive appropriation of $1.375 billion for border wall construction under the Consolidated Appropriations Act of 2019. When President Trump signed the CAA into law, he also issued Proclamation 9844, declaring a national emergency along the southern border. The American Civil Liberties Union (ACLU), Sierra Club, and Southern Border Communities Coalition sued, asking the US District Court for the Northern District of California to block the diversion of the funds. They claim that as Congress did not appropriate the funds for border wall construction, the president's actions usurp the constitutional budget allocation powers of the Legislative Branch.

Syria: endgame or escalation?

Amid all the recent talk about how the war in Syria is approaching an imminent end, it suddenly looks like it is set for international escalation. With Turkish forces resisting the Assadist advance into Idlib province, the last rebel-held territory, there is the clear potential for direct combat between a NATO member and the Damascus regime or its Russian backers. Turkey's military shot down two regime warplanes over northwest Idlib on March 1, hours after Assadist forces brought down a Turkish drone over the region. The Damascus regime said the pilots parachuted to safety. At least 34 Turkish troops were killed in air-strikes in Idlib n the previous days. (Al Jazeera, Reuters

Will human rights be betrayed in US-Taliban deal?

More than a year of US-Taliban negotiations bore formal fruit Feb. 29 with the signing in Doha of what is being called a "peace deal" by Washington's envoy Zalmay Khalilzad and Mullah Abdul Ghani Baradar, named as leader of the Islamist group. The pact calls for the US to withdraw its military forces from Afghanistan in 14 months if the Taliban fulfills its commitments under the agreement. Afghanistan's government must release 5,000 Taliban prisoners before March 10, after which the "intra-Afghan" talks are to start, with the aim of negotiating a permanent ceasefire. The signing of the pact follows a one-week "Reduction in Violence" by the Taliban. (Khaama Press, NPR, Al Jazeera)

Ukraine to lift 'water blockade' of Crimea?

Ukrainian lawmakers from the ruling party this week proposed resuming the water supply to the Russian-occupied Crimean Peninsula, leading to public outrage. After Russia's 2014 seizure and unilateral annexation of Crimea, Ukraine ceased supplying water to the arid peninsula. Before the occupation, water was supplied from the Ukrainian mainland through the North Crimean Canal. Today, a dam blocks the canal on the de facto border with Ukraine's Kherson Oblast. The shortage of water has hurt Crimean agriculture and industry, although most households rely on local wells. MPs from the ruling Servant of the People party proposed either selling the water to Crimea or using it to leverage a withdrawal of Russian military forces from the conflicted Donbas region in Ukraine's east. But Refat Chubarov, the Crimean Tatar leader who was exiled from the peninsula by Russia after the take-over, responded that any agreement to supply water to Crimea, regardless of the conditions, would be a betrayal of the 500,000 Tatars living in the peninsula. (EuroMaidan Press)

'228 Incident' remembered in Taiwan

Some 1,000 activists from various civic groups marched in Taipei on Feb. 22, commemorating the 73rd anniversary of the "228 Incident"—the 1947 uprising and massacre that marked the beginning of Taiwan's "White Terror." Li Ssu-yi, chair of TW Gong Sheng, a youth group dedicated to remembrance of the Incident, said, "We refuse to forget and insist on carrying on the spirit of what they fought for during this year's march." Other participating groups included the Taiwan Association for Human Rights and the Dr. Chen Wen-chen Memorial Foundation—named for a student activist killed on probable orders of the regime in 1981. The route of the march passed various sites connected to the Incident, including Tianma Tea House and the former Tobacco Monopoly Bureau building.

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