© Photo by UN Financing for Sustainable Development via Flickr
- USA: Indian Government Official Allegedly Directed the Plot to Assassinate a Sikh Activist
- USA: A Motion for a Preliminary Injunction to Block the DHS from Cutting Wire Fencing at the US-Mexico Border Rejected
- Russia: Supreme Court Bans “LGBT Movement” as “Extremist”
- Germany: Court Rules the Government Violated Climate Change Policy
- ICJ: Provisional Measures in the Case Concerning Arbitral Award Between Guyana and Venezuela
- ICC: Conclusion of the Investigation into the Situation in Uganda
- Pakistan: Supreme Court Holds UN Conventions Binding During Afghans’ Expulsion Hearing
- ICC: Prosecutor Concludes First Visit to Israel and Palestine
INTERNATIONAL PEACE AND SECURITY SECTION
- Kenya: Government Raises Alarm as Flood Death Toll Rises
- South Africa: 11 Workers Killed in Mine Accident
- Philippines: Government and Rebels Agree to Peace Negotiations
- Palestine: The Amount of Palestinians Released by Israel Nears the Amount Arrested Since the Truce Began
- India: All 41 Labourers Rescued from Collapsed Tunnel
- US-Iran: Sanctions Imposed Upon Iran for Engaging in Illicit Financial Network to Fund Regional Armed Groups
- Sudan: UN Experts Appalled by Use of Sexual Violence as a Tool of War
- Dubai: Global Climate Talks Begin With an Oil Executive in Charge
- WHO: New Report Highlights Climate Change Hindering Progress to End Malaria Globally
- Zimbabwe: EU Allocates €1 Million to Support Humanitarian Response to Cholera Outbreak
- UK: Sunak Firm on Rwanda Plan, Promises Not to Allow Foreign Court Overrule His Decision
- Syria: 72 Civilians including 14 Children and 7 Women Have Been Killed in November
- Guyana: Venezuela to Hold Referendum for its Claim on Contested Region of Essequibo
INTERNATIONAL JUSTICE SECTION
USA: Indian Government Official Allegedly Directed the Plot to Assassinate a Sikh Activist
On 29 November 2023, US authorities revealed charges against Nikhil Gupta, a 52-year-old Indian man, alleging his involvement in directing a failed plot to assassinate a Sikh separatist on American soil. Gupta is accused of conspiring with an Indian government intelligence and security worker to carry out the clandestine murder of a Sikh activist in New York, described as a critic of the Indian government advocating for an independent Sikh state in Punjab. The target’s identity and the official involved were not disclosed. The prosecution claims Gupta planned to pay an assassin $100 000 for the killing. Gupta, arrested in June by Czech authorities, is awaiting extradition. This development follows recent revelations by a senior member of President Biden’s administration about thwarting a plot to kill a Sikh separatist in the US, and Canadian accusations against the Indian government’s involvement in the assassination of a Sikh activist in Canada two months ago.
USA: A Motion for a Preliminary Injunction to Block the DHS from Cutting Wire Fencing at the US-Mexico Border Rejected
On 29 November 2023, Chief US District Judge Alia Moses rejected a motion for a preliminary injunction from Texas on Wednesday to block the Department of Homeland Security (DHS) from cutting wire fencing at the US-Mexico border. The case is in the US District Court for the Western District of Texas. Texas sued in October to stop DHS officials from cutting the wire fence at the border. Moses initially blocked DHS officials from cutting the wire fence but allowed it to be cut in certain exigent circumstances. Moses observed that Texas had a high burden to show that DHS had “no colorable basis” to support its actions. After multiple hearings, Moses found that there was insufficient evidence to show that DHS cut the wire fence absent allowable exigent circumstances. Moses also noted that DHS cutting the fence was not a final agency action. Texas Attorney General Ken Paxton announced that Texas appealed Moses’ decision. The appeal will go to the US Court of Appeals for the Fifth Circuit.
Russia: Supreme Court Bans “LGBT Movement” as “Extremist”
On 30 November 2023, Russia’s Supreme Court labelled LGBT activists as “extremists” following a request from the justice ministry to ban the “international LGBT social movement.” This decision, feared by representatives of the LGBTQ+ community, raises concerns about potential arrests and prosecutions. The ruling aligns with Russia’s escalating restrictions on expressions of sexual orientation and gender identity, including laws against promoting “non-traditional” relations and prohibiting legal or medical gender changes. UN human rights chief Volker Turk called on Russian authorities to immediately repeal laws imposing improper restrictions on human rights defenders and discriminating against the LGBTQ+ community. President Vladimir Putin, positioning Russia as a defender of traditional moral values against the perceived decadence of the West, is expected to seek a new six-year term. In a recent speech, he criticised Western adoption of “new-fangled trends” like diverse genders and gay parades, asserting that imposing such trends on other countries is unwarranted. The Supreme Court’s ruling reflects a broader trend of tightening control on LGBTQ+ rights in Russia, raising international human rights concerns.
https://www.aljazeera.com/amp/news/2023/11/30/russian-court-bans-lgbtq-movement-as-extremist
Germany: Court Rules the Government Violated Climate Change Policy
On 1 December 2023, the Berlin-Brandenburg Higher Administrative Court held that the German Government violated federal climate change law by failing to reach annual targets. The ruling now means the government must implement changes to achieve these unmet goals by ensuring its policy on transport and building aligns with the Climate Protection Act. Environmental NGOs Deutsche Umwelthilfe and BUND brought the claim to court. Their claim rested on Section 8 of the Climate Protection Act, which aims to reduce 65% of greenhouse gas emissions by 2030 compared to 1990 levels. BUND claimed that the government had failed to achieve this in the transport and building sector. After the previous request to the government from BUND was ignored, the groups took their claim to court, demanding emergency measures to ensure compliance with the annual sector targets.
https://www.jurist.org/news/2023/12/german-court-rules-government-violated-climate-change-policy/
ICJ: Provisional Measures in the Case Concerning Arbitral Award Between Guyana and Venezuela
On 1 December 2023, the International Court of Justice (ICJ) delivered its Order on the Request for the indication of provisional measures filed by Guyana on 30 October 2023 in the case concerning Arbitral Award of 3 October 1899 (Guyana v. Venezuela). In its Order, which has binding effect, the Court indicates the following provisional measures: (1) the Bolivarian Republic of Venezuela shall refrain from taking any action which would modify the situation that currently prevails in the territory in dispute, whereby the Co-operative Republic of Guyana administers and exercises control over that area and (2) both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
https://www.icj-cij.org/sites/default/files/case-related/171/171-20231201-pre-01-00-en.pdf
ICC: Conclusion of the Investigation into the Situation in Uganda
On 1 December 2023, the International Criminal Court’s (ICC) Prosecutor announced that beyond the outstanding case against Mr Kony, his Office will not pursue new lines of inquiry in the Situation in Uganda. The Prosecutor highlighted that the closure of the investigation in the Situation in Uganda does not mean that the activities of the Office in this situation are over. As the Prosecutor added, his Office will now concentrate its efforts in ensuring successful prosecution of Joseph Kony. On 29 July 2004, following a referral from the Government of Uganda, the Office of the Prosecutor opened an investigation concerning the Situation in Uganda in relation to alleged crimes against humanity and war crimes within the jurisdiction of the Court committed between 1 July 2002 and 31 December 2005. As a result of the investigation, the Office sought on 6 May 2005, warrants of arrest against five suspects, namely Raska Lukwiya, Okot Odhiambo, Vincent Otti, Dominic Ongwen and Joseph Kony, who were among the highest commanders of the Lord’s Resistance Army (LRA). In relation to three of the five warrants of arrest issued, Pre-Trial Chamber II terminated proceedings against Raska Lukwiya, Okot Odhiambo and Vincent Otti due to their deaths. The Office’s investigations led to the successful prosecution and conviction of Dominic Ongwen, for 61 counts comprising crimes against humanity and war crimes, which include: attacks on civilian populations, sexual slavery, forced marriage and forced pregnancy, murder, mutilation, torture, pillaging, abduction and other atrocities committed by LRA fighters under Dominic Ongwen’s command. On 6 May 2021, Mr Ongwen, was sentenced to 25 years of imprisonment. On 15 December 2022, Dominic Ongwen’s conviction and sentence were affirmed on appeal, and reparations proceedings are currently underway.
Pakistan: Supreme Court Holds UN Conventions Binding During Afghans’ Expulsion Hearing
On 1 December 2023, the Supreme Court of Pakistan reaffirmed the country’s commitment to UN conventions protecting refugee rights and resumed hearing a petition challenging the eviction of Afghan refugees. Justice Ayesha Malik suggested a larger bench for a comprehensive review of the complex deportation issue. The petitioners’ representative, Umar Gillani, contested the interim government’s authority for refugee eviction, citing a lack of constitutional mandate and raised concerns about human rights violations. Justice Yahya Afridi inquired about violated human rights, to which the counsel referenced Articles 4, 9, 10A, and 25 of Pakistan’s Constitution. The court issued notices to the federation, foreign ministry, AGP, and the apex committee responsible for the decision, adjourning the hearing until next week. Earlier, the petitioners argued that the caretaker cabinet’s “impugned directive” reversed a longstanding policy of hospitality towards refugees, challenging a 45-year-old stance. The case highlights constitutional intricacies surrounding refugee eviction and potential human rights breaches in the process.
ICC: Prosecutor Concludes First Visit to Israel and Palestine
On 3 December 2023, the International Criminal Court’s (ICC) Prosecutor concluded his first visit to Israel and the State of Palestine. His visit to Israel was conducted at the request of family members and friends of Israeli citizens who were either killed or taken hostage by Hamas and other armed Palestinian groups on 7 October 2023. The Prosecutor called for the immediate and unconditional release of all hostages taken by Hamas and other terror organisations. The Prosecutor also spoke with the families of Palestinian victims and stressed that his Office will further intensify its efforts to advance its investigations in relation to this situation.
INTERNATIONAL PEACE AND SECURITY SECTION
Kenya: Government Raises Alarm as Flood Death Toll Rises
On 27 November 2023, the Kenyan government urgently advised residents in flood-prone areas to move to higher ground as East Africa grapples with severe flooding and heavy rains since October. The crisis has claimed 76 lives and displaced 40 000 people in Kenya since the rains began in October 2023. President William Ruto, acknowledging the gravity of the situation, held an emergency cabinet meeting, revealing that 38 out of 47 counties are significantly affected, exacerbated by the El Niño phenomenon. The coastal cities of Mombasa and Malindi, along with the northern region bordering Somalia, are among the hardest-hit areas, facing extensive infrastructure damage, including roads and bridges. The overflow of Kenya’s largest river, the Tana River, has left residents homeless and hungry. Ruto activated a National Disaster Operation Center, stopping short of declaring a national emergency, stating it may change “if things get worse.” The meteorological department predicts continued heavy rains into the new year. In Somalia, the death toll is 96, and Ethiopia reports 44 casualties from the ongoing deluge. The situation underscores a pressing need for humanitarian aid and poses challenges likely to persist into the foreseeable future.
https://apnews.com/article/kenya-floods-el-nino-somalia-ethiopia-d00efc5c349873584e77ad5725d82753
South Africa: 11 Workers Killed in Mine Accident
On 27 November 2023, a tragic accident at a South African platinum mine, operated by Impala Platinum, killed 11 workers and injured 75. The incident occurred as a lift, transporting workers to the surface, unexpectedly dropped about 200 meters (656 ft.) at the Rustenburg mine near Johannesburg. The accident took place as employees were concluding their shifts. Impala Platinum’s CEO, Nico Muller, expressed condolences and stated efforts were underway to contact the next of kin. The 75 injured workers were transferred to local hospitals for treatment, with varying degrees of severity, including ankle and leg fractures. South Africa, the world’s largest platinum producer, has witnessed a decrease in mining fatalities, with 49 reported in 2022, down from 74 in 2023.
Philippines: Government and Rebels Agree to Peace Negotiations
On 28 November 2023, the Philippine government and communist rebels agreed to restart peace negotiations after a six-year break, aiming to end a more than 50-year conflict that has claimed over 40 000 lives. Norway, which has facilitated the peace process for two decades, disclosed the development, and last week high-ranking delegations from both sides agreed on a “common vision for peace,” addressing key obstacles. If successful, the rebels, associated with the New People’s Army, the military wing of the Communist Party of the Philippines, will transition into a political movement. The talks will address deep-rooted socioeconomic and political grievances, including the removal of the communist party from the government’s list of designated terror organisations. The announcement follows an amnesty order issued by President Ferdinand Marcos Jr. for several rebel groups, and talks had resumed before the death of Communist Party founder Jose Maria Sison last year. The National Democratic Front of the Philippines will represent the communist rebels in the negotiations.
Palestine: The Amount of Palestinians Released by Israel Nears the Amount Arrested Since the Truce Began
On 28 November 2023, Al Jazeera announced that amid the Israel-Hamas truce, Israel released 150 Palestinian prisoners, including 117 children and 33 women. However, during the same period, at least 133 Palestinians were arrested in East Jerusalem and the West Bank. The truce, brokered by Qatar, followed 51 days of intense Israeli bombardment in Gaza starting on 7 October. Despite the semblance of calm, Israel continues its routine nightly raids and arrests in the occupied territories. In the first two weeks after 7 October, the number of Palestinians in Israeli custody surged from 5 200 to over 10 000. Concerns persist for the fate of the released prisoners, as history shows a pattern of rearrests by Israeli forces. Conditions for detainees have sharply deteriorated, with reports of severe beatings and the death of six Palestinian prisoners. Those released, particularly women and children, have testified to the abuse in Israeli prisons. The draconian measures extend to reduced outdoor time, overcrowded cells, cut amenities, and restricted visits. The situation highlights ongoing challenges for Palestinians in Israeli detention, even amid the truce.
India: All 41 Labourers Rescued from Collapsed Tunnel
On 28 November 2023, all 41 Indian labourers trapped for 17 days in a collapsed tunnel in the Himalayan mountains were successfully rescued. The dramatic operation involved pulling the workers through an escape pipe after the last stretch of rubble was manually drilled by a team of “rat-hole mining” experts, flown in after a mechanical drill breakdown. Rat-hole mining, an outlawed and risky method of coal extraction through small tunnels, is still practised in some Indian states. The trapped labourers were constructing a road tunnel when a suspected landslide caused part of the roof to collapse, blocking it with more than 60 meters of rubble. Despite multiple setbacks in the rescue operation, the workers were given oxygen, food, water, and medicines through a small pipe, maintaining contact with them throughout. The success of the operation was hailed by Prime Minister Narendra Modi as an “amazing example of humanity and teamwork.” However, scrutiny has arisen over the tunnel’s lack of an emergency exit and its construction through a geological fault, prompting an audit of 29 other tunnels across the country. The tunnel is part of Modi’s USD 1.5 billion Char Dham highway project, connecting four Hindu pilgrimage sites through a vast network of roads.
https://www.theguardian.com/world/2023/nov/28/indian-rescuers-reach-41-men-trapped-in-tunnel
US-Iran: Sanctions Imposed Upon Iran for Engaging in Illicit Financial Network to Fund Regional Armed Groups
On 29 November 2023, the United States Department of Treasury imposed new sanctions on 21 Iranians, foreign nationals and firms accused of being involved in illicit financial networks for the benefit of the Iranian military. The department released a statement highlighting that Iran relies upon “foreign-based front companies and brokers” for funding regional armed groups such as the Palestinian group Hamas and the Lebanon-based group Hezbollah. The sanctions issued by the US have targeted Iran-backed groups across the Middle East since the occurrence of the deadly attack on Israel on 7 October. According to a statement by the department, billions of dollars are generated by Iran via commodity sales for funding its “destabilising regional activities and support multiple regional proxy groups, including Hamas.” According to Brian Nelson, Treasury’s under-secretary for terrorism and financial intelligence, Iran engages in “illicit finance schemes to generate funds to fan conflict and spread terror throughout the region.” He further added that the US was committed to exposing the Iranian military’s engagement in disrupting funds for spreading conflict throughout the region. According to the department, the firms that help generate funds for several branches of the Iranian military are based in the United Arab Emirates, Hong Kong and Iran.
Sudan: UN Experts Appalled by Use of Sexual Violence as a Tool of War
On 30 November 2023, UN experts expressed a deep concern over the escalating violence in Sudan, particularly the widespread sexual violence committed in the conflict, notably by the Rapid Support Forces (RSF). Reports indicate over six million people have been forcibly displaced since mid-April 2023. The experts condemn the use of gender-based violence as a tool of war by the RSF to terrorise and punish women, girls, and targeted communities. Serious violations, including sexual exploitation and trafficking, were raised in August 2023, with recent reports of forced prostitution and forced marriage emerging. The UN experts call on the international fact-finding mission for Sudan to investigate these human rights violations and ensure accountability. Despite initial assurances, the RSF has failed to address ongoing atrocities, including attacks on displaced persons camps. The scale of violence against women and girls is underreported, as survivors fear reprisals. The experts emphasise the need for victims to access support services and gender-sensitive reparations. They urge the international community to hold parties accountable for violations of humanitarian and human rights law, emphasising the urgency of addressing the large-scale sexual violence unfolding in Sudan. The experts, part of the Special Procedures of the Human Rights Council, work independently and voluntarily on human rights issues worldwide.
https://reliefweb.int/report/sudan/sudan-un-experts-appalled-use-sexual-violence-tool-war
Dubai: Global Climate Talks Begin With an Oil Executive in Charge
On 30 November 2023, the United Nations climate negotiations commenced in Dubai, aiming to advance efforts in reducing planet-warming gas emissions and addressing the financial challenges of climate change. Delegates swiftly established a fund for loss and damage from extreme weather events at the World Bank, with the United States, Japan, the United Kingdom, Germany, and the United Arab Emirates pledging contributions totaling over $400 million. However, this falls significantly short of the $300 billion per year needed by 2030 for developing countries to adapt, as per the U.N. Environment Program. The choice of Sultan al-Jaber, head of the United Arab Emirates’ main state oil company, as the president of the climate meeting stirred controversy, given the nation’s reliance on petroleum. Al-Jaber acknowledged potential disagreements on phasing out fossil fuels but pledged transparent discussions, emphasizing the urgency of addressing climate challenges. As leaders convene, the negotiations face scrutiny over the host country’s fossil fuel ties and the pressing need for substantial financial commitments to combat climate change.
UNODC: Crimes that Affect the Environment Worsen Climate Change and Biodiversity Loss
On 30 November 2023, the United Nations Office on Drugs and Crime (UNODC) emphasised the crucial role of addressing environmental crimes in combating climate change during the 28th session of the Parties of the United Nations Framework Convention on Climate Change (COP 28). Ghada Waly, Executive Director of UNODC, urged concrete action at COP28, stating that crimes affecting the environment weaken the planet’s resilience, threaten species, contaminate water resources, and undermine sustainable development. Highlighting the interconnectedness of biodiversity and climate change, UNODC officials warned that crimes like illegal deforestation, marine pollution, wildlife trafficking, and activities in the fisheries, waste, and mining sectors contribute to rapid ecosystem degradation. These illegal practices hinder natural ecosystems’ ability to mitigate or adapt to climate change, leading to biodiversity decline and the release of harmful gases. Crimes such as illegal waste trafficking and unmanaged waste exacerbate environmental degradation and contribute to rising greenhouse gas emissions. The UNODC stressed the importance of integrating justice responses into the climate agenda to preserve the planet and its fragile ecosystems, emphasising that environmentally sound waste management practices and promoting the circular economy can be effective strategies for climate mitigation.
WHO: New Report Highlights Climate Change Hindering Progress to End Malaria Globally
On 30 November 2023, according to a report released by the World Health Organisation (WHO) the fight against malaria is facing a significant setback due to climate change. Evidence in the report suggests that extreme weather conditions and rising temperatures have already led to an increase in malaria cases. According to Dr Tedros Adhanom Ghebreyesus, climate change is a “substantial risk” to vulnerable countries. He urged that “sustainable and resilient responses” to the disease were needed to slow the pace of global warming. The data in the report highlighted that an increase in temperature has contributed to malaria transmission in African highland areas. It also stated that Pakistan saw a five-fold increase in cases of malaria in the aftermath of severe flooding in 2022. According to Peter Sands, executive director of the Global Fund to Fight Aids, Tuberculosis and Malaria, climate change, in addition to other factors such as displacement, deterioration of health services, and increasing food insecurity, have also contributed to threatening the progress to end the disease. The report highlighted that 249 million cases were reported in 2022, with the number of malaria cases remaining higher than before the pandemic. It also stated that the number of deaths rose to 608 000 the previous year as compared to 576 000 in 2019.
Zimbabwe: EU Allocates €1 Million to Support Humanitarian Response to Cholera Outbreak
On 1 December 2023, the EU announced €1 million in new funding to aid Zimbabwe’s response to the cholera epidemic, putting over 10 million people at risk. Utilizing the EU’s Emergency Toolbox for sudden-onset crises, the funding addresses the ongoing outbreak that began in February 2023, impacting all 10 provinces. By 20 November 2023, there were nearly 10 000 cases with a high 2.6% case fatality rate, claiming 206 lives. The current epicentres are in Manicaland, Harare (Chitungwiza), and Masvingo. The emergency funding targets water, health, and sanitation activities, supporting partners in districts where the outbreak is evolving and needs are most critical.
UK: Sunak Firm on Rwanda Plan, Promises Not to Allow Foreign Court Overrule His Decision
On 1 December 2023, the Guardian reported that Rishi Sunak, UK Prime Minister, has reiterated his intention to prevent foreign courts from interfering in Britain’s plans to send asylum seekers back to Rwanda, even as Centrist Tories have urged him not to abandon the human rights commitments of the country. He urged that his patience had “worn thin” because of continuous delays to the Rwanda plan. Suella Braverman, former home secretary and other conservative hardliners, urged the Prime Minister to overrule Britain’s human rights commitments to implement the Rwanda plan. According to Sunak, a new treaty with Rwanda and a new domestic legislation are in the works and are being finalised. Braverman has further suggested that a new treaty between both countries would allow the UK to send observers and guarantee that asylum seekers are not mistreated.
Syria: 72 Civilians including 14 Children and 7 Women Have Been Killed in November 2023
On 1 December 2023, the Syrian Network for Human Rights (SNHR) revealed its latest monthly report which reported 72 civilian deaths in Syria in November 2023, including 14 children and seven women, with nine victims, including a woman, dying due to torture. The 22-page report focuses on notable deaths and incidents during the month, highlighting the Syrian regime’s failure to register deaths in the civil registry and its strict control over issuing death certificates. The regime’s criteria for issuing certificates exclude many victims’ families, preventing them from obtaining documentation, often due to fear of association with dissidents or terrorists. Many families, particularly those forcibly displaced, face challenges accessing certificates in areas controlled by the regime. The report exposes a government circular from 10 August 2022, outlining procedures for registering deaths at Sharia courts, imposing stricter evidence requirements and security clearance conditions, and intensifying security services’ involvement in legal processes related to death registration. The SNHR’s information relies on daily monitoring, contacts, and analysis of multimedia sources, providing insights into extrajudicial killings in Syria.
Guyana: Venezuela to Hold Referendum for its Claim on Contested Region of Essequibo
On 1 December 2023, Hugh Todd, Guyana’s foreign minister condemned Nicolas Maduro, Venezuela’s president, for holding a referendum on the country’s claim to Essequibo. The tensions between the two countries have mounted due to the referendum, which is to be held on 3 December. The referendum intends to validate Venezuela’s claim on the contested region of Essequibo. President Maduro has asked his citizens whether the 160 000 sq. km area should be converted into a new Venezuelan state. The contested region is a mostly impenetrable rainforest with large oil, gold and copper reserves. Mr. Todd further highlighted that the Venezuelan President is asking his citizens to “vote to annex” the region of Essequibo, which is clearly against international laws. Venezuela continues to lay claim to the contested region since its independence. Guyana had asked the International Court of Justice (ICJ) to settle the matter finally, but Venezuela has continued to contest the court’s authority. Delcy Rodríguez, the vice-president of Venezuela, stated that “nothing will prevent the referendum” after Guyana called upon the ICJ to halt the referendum. According to Guyana’s foreign minister, the referendum is being used to boost “President Maduro’s image.” According to Phil Gunson, senior analyst at the International Crisis Group, the claim over the contested region remains an issue that unites people across Venezuela.
https://www.theguardian.com/world/2023/dec/01/venezuela-oil-guyana-essequibo-vote-nicolas-maduro