The US Supreme Court ruled May 18 in Opati v. Republic of Sudan that the Foreign Sovereign Immunities Act (FSIA) permits a punitive damages award against Sudan for the role it played in 1998 al-Qaeda bombings at the US embassies in Kenya and Tanzania. Following the bombings, victims and family members sued Sudan under the "state-sponsored terrorism exception" to the FSIA, but the act at the time included no provision for punitive damages in suits filed under the "exception." Congress amended the act in 2008 to allow punitive damages in such cases. A district court in 2017 awarded a $6 billion judgment against Sudan, but the US Court of Appeals for the District of Columbia ruled that the amendment did not allow plaintiffs to seek damages for attacks that occurred before its enactment. The Supreme Court disagreed, and held that Congress intended the amendment to apply retroactively.
Sudan's new government officially criminalized female genital mutilation (FGM) on April 29. The change is the result of an amendment to Sudan's Criminal Law Article 141. The act is defined as removing or reshaping "the female genitalia by cutting, mutilating or modifying any natural part of it leading to the full or partial loss of its functions." The punishment for committing female genital mutilation is to be three years imprisonment as well as fines.
A senior UN official charged Feb. 16 at a press conference in Munich that numerous countries are violating the Libya arms embargo and that they must be held accountable. UN Deputy Special Representative to Libya Stephanie Williams said that "the arms embargo has become a joke." Williams' comments follow a UN Security Council resolution passed just a week earlier expressing "grave concern" for the humanitarian situation in Libya, noting especially "deteriorating living standards and insufficient provision of basic services" and "the situation faced by migrants, refugees, and internally displaced people." The Libyan National Army (LNA), led by Khalifa Haftar, has been fighting with the internationally recognized Government of National Accord (GNA) for control of Tripoli since April of last year. Russia, Egypt and the UAE are said to be supporting the LNA, while Turkey supports the GNA. Foreign powers are violating the arms embargo "by land, sea and air," Williams said. (Jurist)
Amnesty International on Feb. 3 urged participants in an international mining conference in South Africa to address human rights violations. African Mining Indaba, a conference centered on promoting the industry on the continent, is set to run this week, but several civil organizations, including Amnesty, are holding their own conference for the eleventh time to bring attention to claims of rights violations in the mining industry in Africa. Amnesty director for East and Southern Africa Deprose Muchena said in statement: "From child labour in the Democratic Republic of Congo to squalid living conditions for workers at South Africa's Marikana mine, the mining industry is tainted with human rights abuses. Mining firms have often caused or contributed to human rights abuses in pursuit of profit while governments have been too weak in regulating them effectively."
The US Court of Appeals for the Fourth Circuit in Richmond, Va., began hearing oral arguments Jan. 29 in International Refugee Assistance Project v. Donald Trump, a case challenging the administration's travel bans. The plaintiffs, led by IRAP, argue that, despite the Supreme Court ruling in Trump v. Hawaii, their challenge is not barred. They contend that the high court simply addressed the preliminary injunction, and not the merits of the overall travel ban. The case challenges the proclamation Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13780. The plaintiffs are asserting that the proclamation is unconstitutional, while the Trump administration argues that Trump v. Hawaii settled the constitutionality of the proclamation.
At least 40 people were killed and some 30 injured in a new outbreak of inter-communal violence in Sudan's Darfur region. The fighting erupted Dec. 31 east of El-Geneina, the capital of West Darfur state, reportedly sparked by the killing of an Arab man near Crendingue, a camp for displaced persons from the Masslit tribe. Most of the dead appear to be Masslit. Thousands more have fled across the border into Chad, fearing attack. Reports from the area say gunmen have prevented families of the victims from collecting the bodies. and continue to fire in the air. In the pro-democracy revolution that has been ongoing in Sudan for months, many Massalit youth formed Resistance Committees, and established security patrols around the camp and neighboring villages. Many local Arabs, however, supported the former regime, fueling the current conflict. (Sudan Tribune)
The state prosecutor of Sudan, Tagelsir al-Heber, on Dec. 22 announced the launch of an investigation into the crimes committed in the Darfur region under former President Omar al-Bashir. Al-Bashir has already been arrested by the Sudanese government for corruption and is wanted by the International Criminal Court (ICC) for war crimes and grave rights violations committed in the Darfur region of Sudan as early as 2002.
In Episode 43 of the CounterVortex podcast, Bill Weinberg takes stock of the current wave of popular protest and uprisings around the world, and asks if the planet is approaching another moment of revolutionary possibilities, such as was seen in 2011. He examines the prospects for these disparate movements to build solidarity across borders, repudiate ethnic and national divide-and-rule stratagems, and recognize the enemy as transnational capital and the authoritarian states that serve it. With discussions of Hong Kong, mainland China, Indonesia, Bolivia, Chile, Ecuador, Peru, Uruguay, Honduras, Costa Rica, Haiti, Puerto Rico, Iraq, Lebanon, Turkey Iran, Egypt, Algeria, Sudan, Uganda, Ethiopia and Guinea. Listen on SoundCloud, and support our podcast via Patreon.