© Photo by U.S. Naval Forces Central Command/U.S. Fifth Fleet via Flickr
- ICC: Judgment in Al-Hassan Case Postponed by Trial Chamber X
- ECtHR: Lithuania Found Guilty of Multiple Convention Violations vis-à-vis High Profile Terrorist Suspect
- France: French Supreme Court Delivers Definitive Verdict on Lafarge’s Charges in Syria
- ECtHR: Inter-State Application brought by Ireland Against the United Kingdom Regarding Northern Ireland Troubles Legislation
- Sierra Leone: High Court Grants Former President Koroma Permission to Travel Abroad for Medical Treatment Amidst Treason Charges Related to Alleged Coup Attempt
- Bosnia and Herzegovina: Former Bosnian Security Minister Faces War Crimes Charges
- IRMCT: Early Release Application for Bosnian War Crimes Convict Stojan Župljanin Rejected
- IRMCT: Application for Early Release Denied, Miletić’s Conviction for Crimes Against Humanity Upheld
- Switzerland: Israeli President Herzog Faces Criminal Complaints in Switzerland
- Vietnam: Court Issues Life Sentences for Masterminds in Deadly Terror Attacks
INTERNATIONAL PEACE AND SECURITY SECTION
- Ecuador: 43 Prisoners at Large and State of Emergency Continues
- Yemen: Houthis Continue to Attack Israel-Affiliated Ships in Red Sea
- Iraq and Syria: Iran Launches Missile Strikes
- North Korea: Kim Jong Un Calls for South Korea to be seen as “Primary Foe”
- Pakistan: Iran Attacks Alleged Militant Bases in Pakistan
- UK: Controversial Rwanda Bill Passed in the House of Commons
- Yemen: Another Airstrike Carried Out Against Houthi Militia by the US
- Sudan: UN Fact-Finding Mission Begins Probe into Human Rights Violations Committed During Conflict
- Gaza: Israel Strikes in Khan Younis Intensify, Killing Seven
- Haiti: Escalation in Violence Instils Fear in Haiti’s Key Community
INTERNATIONAL JUSTICE SECTION
ICC: Judgment in Al-Hassan Case Postponed by Trial Chamber X
On 15 January 2024, Trial Chamber X of the International Criminal Court (ICC) postponed the delivery of its judgment in the case of The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, due to the Presiding Judge’s health situation. The rescheduled date for judgment will be announced at a later stage. This case involves Mr. Al Hassan, who is accused of crimes against humanity and war crimes in Timbuktu, Mali. The trial began on 14-15 July 2020, and included 52 oral witnesses presented by the Prosecution, 22 Defence witnesses, and two witnesses from the legal representatives of victims, representing 2 196 victims. On 8 February 2023, Trial Chamber X closed the submission of evidence, and final briefs were filed. The closing statements occurred between 23 – 25 May 2023. The judges, led by Judge Antoine Kesia-Mbe Mindua, will decide on either acquittal or conviction based on the evidence and applicable law. Parties involved can appeal the decision before the ICC’s Appeals Chamber.
https://www.icc-cpi.int/news/al-hassan-case-trial-chamber-x-postpones-delivery-judgment
ECtHR: Lithuania Found Guilty of Multiple Convention Violations vis-à-vis High Profile Terrorist Suspect
On 16 January 2024, the European Court of Human Rights (ECtHR) issued an important judgment regarding the rendition and detention conditions in Lithuania of a “High-Value Detainee” from Guantánamo Bay. Al-Hawsawi, a Saudi national, currently on trial in Guantánamo Bay, claimed torture, ill-treatment, and unacknowledged detention in a secret CIA facility in Lithuania in between 2005 and 2006. The Court unanimously found Lithuania in violation of various human rights, including torture, right to liberty and security, right to respect for private life, and the right to an effective remedy. Additionally, Convention violations of the right to a fair trial, right to life, and abolition of the death penalty were noted due to Lithuania’s involvement in the detainee’s transfer despite the risk of a flagrant denial of justice and the death penalty. Lithuania is ordered to pay the applicant €100 000 in non-pecuniary damages.
https://hudoc.echr.coe.int/eng?i=001-230250
France: French Supreme Court Delivers Definitive Verdict on Lafarge’s Charges in Syria
On 16 January 2024, the French Supreme Court affirmed the charge of complicity in crimes against humanity against cement manufacturer Lafarge (now part of the Holcim group). The Supreme Court, however, dropped the charge of endangering the lives of Lafarge’s former Syrian employees. Lafarge is accused of paying millions of euros to armed groups, including the Islamic State, to maintain its cement factory in Syria during the civil war. The decision follows Lafarge’s appeal against a 2022 ruling that upheld charges of complicity in crimes against humanity and endangering lives. The Supreme Court’s historic decision confirms the jurisdiction of French courts over international crimes committed by corporations abroad. Despite acknowledging the exposure of Syrian workers to hazardous risks, the court dropped the charge of endangering lives, stating that French labour law protections did not apply to Syrian employees. This decision has been criticised by organisations such as Sherpa and ECCHR, who highlight the obstacle it poses to justice for workers and favouring multinational corporations over worker protection. Lafarge remains charged with complicity in crimes against humanity, financing a terrorist organisation, and violating an embargo with Syria. The slow pace of legal proceedings and the interpretation of conflict-of-laws rules are raising questions about the effectiveness of justice in this case. Ten individuals, including former top executives, also face charges related to the allegations.
https://www.ecchr.eu/en/press-release/lafarge-in-syria/
ECtHR: Inter-State Application Brought by Ireland Against the United Kingdom Regarding Northern Ireland Troubles Legislation
On 17 January 2024, the Government of Ireland submitted a new inter-state application against the United Kingdom under Article 33 of the European Convention on Human Rights. The application is related to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, enacted on 18 September 2023. The Act aims to address the legacy of the Northern Ireland conflict (“Troubles” – a conflict in Northern Ireland that lasted from the late 1960s to 1998) and promote reconciliation and peace. The Irish Government contends that certain provisions of the Act are incompatible with the European Convention, citing violations of Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment), 6 (right to a fair trial), 13 (right to an effective remedy), and 14 (prohibition of discrimination). Specifically, the Irish Government alleges that sections 19, 39, 40, and 41 of the Act grant immunity from prosecution for Troubles-related offences under certain conditions, contrary to Articles 2 and 3 of the Convention. Additionally, Parts 2 and 3 of the Act replace existing mechanisms for information recovery with a review by a newly-established Independent Commission for Reconciliation and Information Recovery, violating Articles 2, 3, and 13. The Irish Government also asserts that section 43 of the Act prevents the initiation of new civil actions related to the Troubles and the continuation of civil actions not commenced before 17 May 2022, contravening Article 6 and Article 14 (prohibition of discrimination) of the Convention.
https://hudoc.echr.coe.int/eng-press?i=003-7854820-10910604
Sierra Leone: High Court Grants Former President Koroma Permission to Travel Abroad for Medical Treatment Amidst Treason Charges Related to Alleged Coup Attempt
On 17 January 2024, the High Court in Sierra Leone granted former President Ernest Bai Koroma, charged with treason for his alleged involvement in a failed military coup attempt, permission to travel abroad for medical reasons. The court ruled in favour of Koroma’s request, allowing him to go to Nigeria for a maximum of three months. The ex-president, under house arrest, will return for the continuation of the case on 6 March next. The Sierra Leone government, while accepting the ruling, emphasised that the case remains open, and updates on Koroma’s health are required during his absence. The charges stem from a November coup attempt, which the government claims Koroma’s bodyguards led. Koroma denies involvement, calling the charges politically motivated. The indictment has raised concerns about potential tensions in the aftermath of a contentious June election in which President Julius Maada Bio was re-elected.
Bosnia and Herzegovina: Former Bosnian Security Minister Faces War Crimes Charges
On 18 January 2024, the Bosnian state court in Sarajevo confirmed an indictment against former minister Selmo Cikotic and Dzevad Mlaco for war crimes against prisoners of war. Cikotic, who served as Bosnia and Herzegovina’s security minister (2020-2023) and defence minister (2007-2012), faces charges as the wartime commander of the Western Operational Group of the Bosnian Army’s Third Corps. Mlaco, the wartime head of the War Presidency of Bugojno municipality, is accused of ordering the killing of over 20 Croatian Defence Council (HVO) prisoners. The charges detail incidents where HVO prisoners were beaten in BH Banka building in Bugojno, leading to fatalities. Mlaco also allegedly ordered the execution of labelled ‘extremist’ prisoners at a motel in Rostovo. Cikotic is charged with failing to prevent inhumane treatment and murders despite possessing information, and for not initiating criminal proceedings over the torture and murders. In a separate case in December 2023, Cikotic was convicted of abuse of office in a corruption case and sentenced to three years in prison.
https://balkaninsight.com/2024/01/18/bosnias-former-security-minister-charged-with-war-crimes/
IRMCT: Early Release Application for Bosnian War Crimes Convict Stojan Župljanin Rejected
On 18 January 2024, the International Residual Mechanism for International Criminal Tribunals (IRMCT) denied the early release application of Stojan Župljanin, who was convicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) in 2013. Župljanin, found guilty of murder, torture, extermination, and persecutions as crimes against humanity, had served two-thirds of his 22-year sentence by 7 February 2023. The decision considered factors such as the gravity of the crimes, treatment of similarly-situated prisoners, substantial cooperation with prosecutor, and the lack of compelling humanitarian grounds. The crimes, committed through participation in a joint criminal enterprise during the Bosnian War, were characterised as of high gravity, involving thousands of victims. The Mechanism emphasised that early release for individuals sentenced by the ICTY should be exceptional. Župljanin’s insufficient demonstration of rehabilitation further contributed to the denial of his application.
IRMCT: Application for Early Release Denied, Miletić’s Conviction for Crimes Against Humanity Upheld
On 18 January 2024, the application for early release filed by Radivoje Miletić, a convicted individual sentenced to 18 years for crimes against humanity by the International Criminal Tribunal for the former Yugoslavia (ICTY), was denied. Miletić, found guilty of murder, persecution, and inhumane acts, was originally sentenced to 19 years in 2010, a decision later partially overturned in 2015. Despite eligibility for early release after serving two-thirds of his sentence, Miletić’s plea for release was rejected due to the gravity of his crimes and insufficient signs of rehabilitation. The decision, based on Rule 151 of the Mechanism’s Rules, considered factors such as the nature of the crimes, treatment of similarly-situated prisoners, and Miletić’s demonstration of rehabilitation, ultimately concluding that his early release was not justified.
Switzerland: Israeli President Herzog faces criminal complaints in Switzerland
On 19 January 2024, Swiss prosecutors confirmed receiving criminal complaints against Israeli President Isaac Herzog during his visit to the World Economic Forum in Davos. The complaints will be examined following standard procedures, and the Swiss Attorney General’s office will consider the question of immunity for the individual concerned. The reasons behind the complaints and the identities of the complainants were not specified. Herzog’s office did not comment on the statement by Swiss prosecutors, only noting that he presented Israel’s position on the situation in Gaza at Davos. The complaints could be related to events during the Davos summit or Herzog’s previous statements about Palestinians. If prosecuted, the case would likely fall under “universal jurisdiction,” though the alleged immunity of a sitting president could pose a challenge.
Vietnam: Court Issues Life Sentences for Masterminds in Deadly Terror Attacks
On 20 January 2024, a court handed down life sentences to ten individuals involved in deadly terrorist attacks on government offices in Dak Lak last year. The verdict, part of a case involving 100 defendants, charged 53 people, aged 18-56, with “terrorism against the people’s government.” Masterminds H Wuen Eban and Y Sol Nie were considered particularly dangerous for orchestrating attacks on People’s Committee offices in Ea Ktur and Ea Tieu communes, resulting in nine deaths. Despite prosecutors recommending death sentences, both received life imprisonment. Eight others also received life sentences, and 43 individuals received jail terms between 6-20 years. Additionally, 45 defendants, including six abroad, faced terrorism charges, receiving sentences ranging from 3.5 to 11 years. The court aims to collaborate with authorities to bring the six individuals abroad back to Vietnam. Prosecutors detailed a complex plot involving US-based ringleader Y Mut Mlo and Eban’s recruitment efforts from 2019 to June 2023, culminating in the June 2023 attacks that killed nine people.
INTERNATIONAL PEACE AND SECURITY SECTION
Ecuador: 43 Prisoners at Large and State of Emergency Continues
On 15 January 2024, Reuters reported that 43 prisoners are still at large after escaping from a prison in northern Ecuador. President Daniel Noboa declared a 60-day state of emergency and imposed a nighttime curfew in response to escalating violence, including attacks on media, explosions in various cities, and the kidnapping of police officers. Noboa identified 22 criminal groups as terrorists, and the recent unrest is believed to be a reaction to his plans to address Ecuador’s severe security crisis. Security forces, comprising police and military personnel, are deployed in jails across the country after around 200 kidnapped guards and officials were freed from at least seven prisons over the weekend. The prison break in Esmeraldas, near the Colombian border, led to the escape of 48 inmates, with five recaptured. One prisoner reportedly died during the operation. Since the state of emergency declaration, over 1 500 individuals have been detained, and 41 operations against terrorist groups have been conducted by security forces.
Yemen: Houthis Continue to Attack Israel-Affiliated Ships in Red Sea
On 16 January 2024, Yemen’s Houthi rebels claimed responsibility for a missile attack on a Malta-flagged cargo ship in the Red Sea. The vessel, Zografia, was reportedly targeted with naval missiles as it headed to Israel, resulting in a “direct hit.” There were no reported injuries and the ship continued its transit after the attack. The US military launched a new strike against the Houthis, destroying four ballistic missiles prepared for launch, citing an imminent threat to merchant and US navy ships. The Houthis have targeted vessels they claim are linked to Israel since November 2023, disrupting maritime trade routes in response to Israel’s actions in Gaza. Tensions in the Red Sea escalated further as the Qatar prime minister warned of potential impacts on liquefied natural gas (LNG) shipments. The Red Sea tensions could affect LNG shipments, with alternative routes considered less efficient. The prime minister cautioned against military intervention, stating it would not bring an end to the crisis but instead lead to further escalation. The situation in the Red Sea is seen as delicate, with the potential for a larger confrontation between Iran and the US in Yemen.
https://www.aljazeera.com/news/2024/1/16/malta-flagged-cargo-ship-hit-by-missile-in-red-sea
Iraq and Syria: Iran Launches Missile Strikes
On 16 January 2024, Iran’s Islamic Revolutionary Guard Corps (IRGC) launched ballistic missiles, claiming to target Israeli “spy headquarters” in Iraq’s Kurdish region and ISIS-related sites in northern Syria. The IRGC stated that it aimed to defend its security and counter terrorism. The attack in Erbil, Iraq, resulted in at least four deaths and six injuries. Iran alleged hitting the Mossad headquarters in Erbil, prompting condemnation from the Kurdish government and accusations of a “crime against the Kurdish people.” Iraq condemned Iran’s actions as an “aggression,” violating sovereignty, and recalled its ambassador for consultations. The US and UK criticised the missile strikes, with the US describing them as “reckless” and undermining Iraq’s stability. Notably, the attacks occurred amid heightened tensions in the region, fuelled by Israel’s offensive on Gaza. While Iran-affiliated groups in Iraq and Syria have targeted US and allied forces, the recent strikes are seen as a new escalation.
North Korea: Kim Jong Un Calls for South Korea to be Seen as “Primary Foe”
On 16 January 2024, North Korean leader Kim Jong Un declared in a speech to the Supreme People’s Assembly that the country should amend its constitution to designate South Korea as the “primary foe” and warned that North Korea does not intend to avoid war if it happens. Kim stated that unification with the South is no longer possible, accusing Seoul of seeking regime collapse and absorption-based unification. He called for constitutional changes to educate North Koreans about South Korea being the “principal enemy” and to define the North’s territory as separate. Kim expressed a readiness for war, stating, “We don’t want war, but we have no intention of avoiding it.” He proposed plans for the complete occupation and subjugation of South Korea in the event of war and called for the severing of inter-Korean communication. Kim also ordered the closure of organisations related to unification and inter-Korean tourism and the destruction of a reunification monument in Pyongyang. South Korean President Yoon Suk Yeol criticised North Korea for its “anti-national” stance. Analysts suggest Kim’s aggressive rhetoric may stem from perceived threats to North Korea’s position in the inter-Korean relationship.
Pakistan: Iran Attacks Alleged Militant Bases in Pakistan
On 16 January 2024, Iran launched attacks in Pakistan targeting alleged bases of the militant group Jaish al-Adl, escalating tensions in an already volatile Middle East. The strikes reportedly involved missiles and drones. However, confusion arose as Iranian state media reports on the incident disappeared. The attack within nuclear-armed Pakistan has strained relations between the two countries, historically marked by suspicion despite diplomatic ties. The assault follows Iranian strikes on Iraq and Syria in response to a dual suicide bombing claimed by the Islamic State, resulting in over 90 deaths. While Iran has previously fought Jaish al-Adl along its borders, a missile-and-drone attack on Pakistan represents an unprecedented move. Pakistan strongly condemned the “unprovoked violation” of its airspace, stating that the attack resulted in the death of two children and injuries to three girls. Iranian strikes reportedly damaged a mosque in Pakistan’s Baluchistan province. This incident occurred as Iran’s Foreign Minister met with Pakistan’s caretaker Prime Minister on the sidelines of the World Economic Forum. Baluchistan has faced a long-standing insurgency, initially for resource-sharing and later for independence. Iran has historically suspected Pakistan of harbouring insurgents, though tensions eased following a détente between Iran and Saudi Arabia in 2023.
https://apnews.com/article/iran-iraq-militant-bases-attack-05c7530d66fb05dd6f2868527003ba2d
UK: Controversial Rwanda Bill Passed in the House of Commons
On 17 January 2024, the Rwanda deportation bill passed a third reading in the House of Commons after dozens of right-wing MPs resisted the conservative rebellion to toughen the legislation. After a crucial meeting, the group’s leaders concluded that defeating the bill during an election year could risk collapsing the government. The legislation was passed by 320 votes to 276, a majority of 44, with 11 Conservative hardliners voting against the bill. The vote comes a day after 60 members of Sunak’s governing Conservatives rebelled to make the legislation tougher, with the dissent costing Sunak two party deputy chairmen, who quit to vote against the government. The bill will now go to the House of Lords, where it would face more opposition in the coming weeks as Sunak’s Conservatives do not have a majority.
Yemen: Another Airstrike Carried Out Against Houthi Militia by the US
On 18 January 2024, the United States carried out a fifth strike against the Houthi rebels in Yemen. According to US Central Command, US warplanes also targeted anti-ship missiles that “were aimed into the southern Red Sea and prepared to launch”. In response to the US air strikes, the Houthi militia also launched two anti-ship missiles at a US-owned tanker ship that hit the water in the vessel, but no damage or injury was caused. According to a statement by the US Central Command, the Houthi missiles presented an imminent threat to merchant vessels and US Navy ships in the region. The airstrike comes after US naval force seized the first batch of Iranian weapon components that were bound for Houthis. The US Central Command has stated that the US Navy Seals conducted a nighttime seizure of a vessel off the coast of Somalia, south of Yemen, which had been illegally transporting weapons to Houthis.
Sudan: UN Fact-Finding Mission Begins Probe into Human Rights Violations Committed During Conflict
On 18 January 2024, the UN Fact-Finding Mission of Sudan began investigating grave allegations of crimes in Sudan and called on the parties to the conflict to end the armed conflict and uphold their obligations. The UN Human Rights Council has set up the Mission to investigate the alleged human rights violations committed during the conflict between the Sudanese Armed Forces (SAF), the Rapid Support Forces (RSF) and other warring parties since April 2023. Mohamed Chande Othman, chair of the Fact-Finding Misson, stated that the investigation into the alleged human rights and humanitarian violations was underway. According to the members appointed to Mission, particular attention would be paid to violations targeting women and children, especially violations concerning sexual violence. Furthermore, the mission has called upon the parties to the conflict to cooperate with their investigation and invited individual organisations and groups to submit information on human rights violations confidentially. An update on its initial findings would be presented to the Human Rights Council’s fifty-sixth session in June-July 2024, and a comprehensive report in the fifty-seventh session.
Gaza: Israel Strikes in Khan Younis Intensify, Killing Seven
On 19 January 2024, it was reported that Israeli forces had advanced further towards Khan Younis, southern Gaza’s main city, bombarding areas near the city’s biggest functioning hospital. The bombardments have sparked fear among people as the hospital could be forced to close down and asked to be evacuated. According to Israeli officials, Hamas fighters are operating from Nasser Hospital, claims that the hospital staff have denied. Hamas also denied the claims as made by released Israeli hostage Sharon Alon in an interview with CNN, stating that he and other prisoners had been detained in rooms in Nasser hospital. Israeli forces have increased attacks on the city. According to Palestinian health officials, seven people have been killed by Israeli raids that damaged homes near the hospital.
Haiti: Escalation in Violence Instils Fear in Haiti’s Key Community
On 19 January 2024, it was reported that gang members in Haiti have captured a key community that is home to numerous police officers and has been under siege for four days continuously. According to analysts, the violence has been escalating for months as gangs are competing for power and putting pressure on interim Prime Minister Ariel Henry as the political accord that consolidated his power comes to an end in February. The Haitian National Police also released a statement on 18 January highlighting that officers had been deployed in Solino “to track down and arrest armed individuals seeking to sow panic among the civilian population”. According to the Associated Press, the gangs have controlled 80 per cent of the Haitian capital of Port-au-Prince and are also suspected of killing nearly 4 000 people and kidnapping 3 000 in 2023.
https://www.aljazeera.com/gallery/2024/1/19/fear-grips-haitis-port-au-prince-amid-gang-violence