Weekly News Recap (5 - 11 February 2024)
© Photo by UNICEF Ethiopia via Flickr
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UK: Employment Tribunal Finds University Professor Unfairly Dismissed for Anti-Zionist Comments
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Bosnia and Herzegovina: Appeals Chamber Confirms Acquittal of Bosnian Serb Wartime Fighters for their Involvement in the Illegal Detention and Killing of Civilians
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China: Australian Writer Given Suspended Death Sentence by Chinese Court
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USA: Verdict Denies Former President Donald Trump Presidential Immunity in Lawsuit
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ICJ: Nicaragua Seeks Permission to Participate in Proceedings under Article 62 of the ICJ Statute
International Peace & Security Section
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UNGA: As UNSC Remains Deadlocked on Gaza, UN Chief Warns World Entering “Age of Chaos”
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Pakistan: Twin Bombings in Balochistan Heighten Security Concerns in the Region
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Haiti: Amid Demand for Resignation, Haitian PM Calls for Maintaining Calm
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Tunisia: Boat Carrying Sudanese Asylum Seekers Capsizes off Tunisian Coast, With 27 Missing
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Venezuela: Satellite Images Reveal Venezuela Expanding Military Bases Near Guyana
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Tibet: Transnational Repression Against Tibetans Continues by China
International Justice Section
UK: Employment Tribunal Finds University Professor Unfairly Dismissed for Anti-Zionist Comments
On 5 February 2024, an employment tribunal ruled that a sociology professor, Professor David Miller, whose employment was terminated by the University of Bristol over accusations of antisemitic comments, was unfairly dismissed and that his anti-Zionist beliefs are considered philosophical beliefs and as such are protected characteristics under the UK’s Equality Act 2010. The ruling has been described as a landmark decision and could set a worrying precedent regarding what can be said on campuses regarding Jewish students. Miller argued that he faced discrimination for his anti-Zionist views, leading to his dismissal. The employment tribunal ultimately ruled in his favour, stating he experienced discrimination based on his philosophical belief and succeeded in his claim for wrongful dismissal. The University of Bristol expressed disappointment in the ruling but urged for a responsible and sensitive response from the community.
Bosnia and Herzegovina: Appeals Chamber Confirms Acquittal of Bosnian Serb Wartime Fighters for their Involvement in the Illegal Detention and Killing of Civilians
On 6 February 2024, the Appeals Chamber of the Bosnian State Court in Sarajevo upheld the acquittal of Bosnian Serb wartime fighters Spomenko Novovic and Borislav Pjano in a second-instance verdict. The court rejected a prosecution appeal, confirming the initial acquittal from July 2023. Novovic and Pjano were cleared of charges related to detaining, mistreating, robbing, and killing Bosniak civilians in villages in the Foca area from April to September 1992. They were acquitted of persecution during a widespread attack by Bosnian Serb military, police, and paramilitary units. The second-instance verdict is final and cannot be appealed.
https://balkaninsight.com/2024/02/06/bosnian-serb-fighters-cleared-of-wartime-persecution-in-foca/
China: Australian Writer Given Suspended Death Sentence by Chinese Court
On 6 February 2024, it was reported that Australian writer Yang Hengjun received a suspended death sentence from a Chinese court, five years after being arrested on charges of spying. The sentence, which could be commuted to life imprisonment after two years, has prompted strong condemnation from Australian officials. Yang, a scholar and novelist who blogged about Chinese state affairs, denies the charges, which have not been disclosed publicly. The Australian government, “appalled” by the verdict, has summoned China’s Ambassador and intends to communicate its response to Beijing in the strongest terms. Yang’s case, viewed by his supporters as political persecution, has raised concerns about due process, including allegations of torture and forced confessions. Despite avenues for appeal, his health is deteriorating, and he lacks access to medical treatment. His detention, along with that of Australian journalist Cheng Lei, has strained relations between Beijing and Canberra. Analysts suggest that Yang’s sentence may further strain bilateral relations, highlighting the opacity and vindictiveness of the Chinese legal system.
USA: Verdict Denies Former President Donald Trump Presidential Immunity in Lawsuit
On 7 February 2024, the US Court of Appeals for the Washington DC Circuit ruled that former US President Donald Trump does not have presidential immunity and can face prosecution for alleged involvement in overturning the 2020 election. Trump had claimed immunity for actions he took while in office, but the Court, composed of a panel of three judges, unanimously rejected this argument. This ruling is seen as a setback for Trump, who has relied on presidential immunity in various legal battles. Trump’s spokesperson indicated they would appeal the decision to the Supreme Court. Critics argue that granting immunity to a president would undermine the balance of power in the US government. The Court’s ruling highlighted the seriousness of the alleged attempts to subvert the election results. Legal experts believe the thoroughness of the ruling sends a clear message that Trump’s arguments lack merit. The decision refutes the idea that a president cannot be subject to criminal proceedings unless convicted through impeachment by Congress.
Bosnia and Herzegovina: Court Upholds Sentencing Verdict Against Former Members of the Croatian Defence Council
On 7 February 2024, the Bosnian State Court upheld the sentencing verdict in a war crimes case involving former members of the Croatian Defence Council (HVO), the Bosnian Croat wartime force. Former member of the HVO, Nedzad Tinjak, was sentenced to twelve years in prison, while Jure Kordic and Drazen Lovric received sentences of three years and one year, respectively. They were convicted of war crimes against civilians in Mostar in 1993, including unlawful detention, mistreatment, and inhumane treatment. Tinjak was also convicted of rape. The Court rejected appeals from both the prosecution and defence, confirming the court of first-instance verdict from 24 February 2023. Six other HVO fighters were acquitted, and the trial, which began in May 2018, concluded with the second-instance verdict, which cannot be appealed.
ICJ: Nicaragua Seeks Permission to Participate in Proceedings under Article 62 of the ICJ Statute
On 8 February 2024, it was reported that on 23 January Nicaragua submitted an Application to the International Court of Justice (ICJ) seeking permission to intervene as a party in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). Nicaragua, citing Article 62 of the ICJ Statute, asserts its interest in the case due to its legal obligations under the Genocide Convention. In its application, Nicaragua alleges that Israel’s actions violate the latter’s obligations under the Genocide Convention and requests the ICJ to declare Israel’s duty to prevent genocide and cease any actions breaching these obligations. Nicaragua also seeks punishment for individuals committing genocide, preservation of evidence, reparation for victims, and guarantees against future violations. Nicaragua bases its jurisdiction on Article IX of the Genocide Convention and both South Africa and Israel have been invited to provide written observations on Nicaragua’s intervention request. This case originated from South Africa’s application against Israel, alleging violations of the Genocide Convention in Gaza. South Africa requested provisional measures to protect Palestinian rights and ensure Israel’s compliance with its obligations. The ICJ held public hearings on the provisional measures request and issued an order on 26 January 2024.
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240208-pre-01-00-en.pdf
Ecuador: Constitutional Court Decriminalises Euthanasia
On 8 February 2024, Ecuador joined Colombia as the second country in Latin America to decriminalise euthanasia, following a seven to two vote by its Constitutional Court. The decision allows doctors to assist terminally ill patients in ending their lives, overturning the previous classification of euthanasia as homicide. The lawsuit leading to this ruling was filed by a woman suffering from ALS, who expressed her desire to end her suffering. While the Roman Catholic Church in Ecuador opposes euthanasia, the Court’s decision marks a significant step towards respecting individuals’ rights to a dignified death. The ruling was welcomed by the ALS patient and her family, with plans for a bill on euthanasia to be drafted and approved by Congress in the future.
USA: Former US Government Informant Sentenced to Life Imprisonment for Involvement in Assassination of Haiti President
On 9 February 2024, a former US government informant Joseph Vincent, was sentenced to life in prison for his involvement in the assassination of Haiti’s former president, Jovenel Moise. Vincent pleaded guilty two months prior to his sentencing in a Miami federal court. President Moise was assassinated at his home in Port-au-Prince in 2021. Vincent, who worked for the US Drug Enforcement Administration (DEA), is the fourth defendant in the Miami federal case to receive a life sentence. The trial is being held in Florida due to its jurisdiction over part of the plot developed in South Florida. Vincent’s role included advising accomplices on Haitian politics, meeting with local leaders, and encouraging protests against Moise. Though Vincent wore a US State Department pin during meetings, the DEA clarified that he was not acting on their behalf. The operation initially aimed to kidnap Moise but escalated to assassination. Another suspect, Frederick Joseph Bergmann Jr., pleaded guilty to submitting false and misleading export information. Colombian ex-soldiers and businessmen are also implicated in supplying funds or weapons and carrying out the attack. Haiti has arrested 17 people related to Moise’s murder, but none have been formally charged. Moise’s assassination has left Haiti in political chaos and rampant gang violence, with January 2022 being the most violent month in over two years, according to the United Nations.
International Peace & Security Section
Ethiopia: £100 Million Fund Launched by UK to Tackle Preventable Deaths Due to Malaria, Malnutrition and Cholera
On 5 February 2024, Andrew Mitchell, United Kingdom’s Africa minister, after his return from a two-day trip from Ethiopia, highlighted that the risk of a humanitarian catastrophe was growing while urging that there was an “opportunity to stop” the looming crisis. Ethiopia has remained a priority country for the UK, and the cuts made by the UK government to its aid programme in the regions are slowly being reversed. Mitchell further highlighted that millions of people were facing hunger across northern Ethiopia and urged that the crisis in the region is a “wake-up call to the world”. He highlighted that climate change and El Nino have been responsible for the mass exodus, with 400 000 people displaced in the Somali region of Ethiopia in just November 2023. According to Getchaw Reda, the president of the interim authority in Tigray, 91% of the population in the semi-arid region is at risk of starvation and has called upon the federal government in the capital, Addis Ababa, to help. The UK has launched a humanitarian fund which is targeted at children and women, especially pregnant and postnatal women and children under the age of five. The £100 million fund aims to aid three million Ethiopians through a network of 75 million health centres.
https://www.theguardian.com/world/2024/feb/05/we-must-act-on-ethiopia-food-crisis-says-uk-minister
Darien Gap: Sevenfold Increase in Sexual Violence Against Migrants Witnessed in the Treacherous Darien Gap Route
On 5 February 2024, Médecins Sans Frontières (MSF) reported that there had been a sevenfold increase in sexual attacks against people hiking through the dangerous Darien Gap crossing. According to the medical organisation, at least one person became a victim of sexual violence every three and a half hours in December while crossing the stretch of the jungle. Carmenza Galvez, the coordinator of MSF’s Darien programme, highlighted that the organisation is worried about the sevenfold increase as they are already dealing with “30 to 35 cases a month”. The organisation also warned that in November, rapists and kidnappers were targeting record numbers of people hiking through the dense jungle connecting Colombia and Panama. The MSF staff also underscored that even though the number of migrants crossing the jungle had reduced, there had been a dramatic increase in the cases of sexual violence. The MSF had recorded 214 cases of sexual violence in the Darien Gap in December 2023 alone, which is equivalent to seven times the monthly average recorded between January and September 2023. Nearly 60 000 patients were treated by the MSF staff in 2023, which included 3 000 needing mental health consultations.
UNGA: As UNSC Remains Deadlocked on Gaza, UN Chief Warns World Entering “Age of Chaos”
On 7 February 2024, Antonio Guterres, the UN Secretary-General, while addressing the UN General Assembly, warned that the world was entering an “age of chaos”. He stated that he was “especially alarmed” when Israel informed last week that it would be focusing its military assault in Gaza on the southern city of Rafah, where more than a million people have sought shelter. He urged for “an immediate humanitarian ceasefire and unconditional release of all hostages”. He also called for reforms to the UN Security Council. He highlighted that the organisation was “deadlocked by geopolitical fissures” while highlighting that with growing conflict globally, the humanitarian needs were at an “all-time high”.
Pakistan: Twin Bombings in Balochistan Heighten Security Concerns in the Region
On 7 February 2024, twin bombings in Balochistan, the southwestern province of Pakistan, that occurred a day before elections, killed at least 28 people, with dozens injured. The attacks had targeted election offices of political parties in the region. The first bombing that took place at the office of independent election candidate Asfandyar Khan Kakar in Pishin district, 16 people were killed in that blast, with 20 having been injured. According to Jan Achakzai, Balcohisan’s caretaker information minister, the blast was a result of an improvised explosive device (IED) attached to a motorcycle. The second bombing occurred in Qilla Saifullah, near an office of Jamiat Ulema Islam (JUI), a religious party which has been a target of attack previously, where at least 12 people were killed. In the aftermath of the bombings, Pakistan’s foreign office stated that it would close its western border crossing with Iran and Afghanistan until 9 February due to heightened security concerns.
Myanmar: Amnesty International Calls for Investigating Military Air Strikes on Church as ‘War Crimes’
On 7 February 2024, Amnesty International urged that Myanmar’s military should be investigated for war crimes over an air attack that occurred near the St Peter Baptist Church in Kanan village on 7 January 2024. The air attack had killed 17 villagers, which included two children, while 20 were injured. Amnesty further stated that the damage was “consistent with air strikes” and highlighted that the photo and video evidence indicated three locations where the air attacks had occurred. Matt Wells, Director of Amnesty International’s Crisis Response Programme, highlighted that as the Myanmar military continues to attack civilians and civilian targets, the same cannot be ignored while urging that the attacks must be investigated as war crimes, with United Nations security Council (UNSC) referring to the situation in Myanmar to the International Criminal Court. He also highlighted the military’s deadly attacks “show no sign of stopping”. The organisation has interviewed four witnesses to the attack and also analysed 99 photos and videos of the strikes and their aftermath, which includes images of those killed and injured. The Myanmar military has denied responsibility for the attack and has claimed that no planes were flying in the area that morning.
ICC: Armenia Joins as a State Party to the Rome Statute
On 8 February 2024, the International Criminal Court (ICC) welcomed the Republic of Armenia as its 124th State Party to join the Rome Statute, with a ceremony held at the ICC headquarters in The Hague, Netherlands. ICC President Judge Piotr Hofmański presented the Minister of Foreign Affairs of Armenia, H.E. Mr Ararat Mirzoyan, with a special edition of the Rome Statute as a symbol of commitment to the rule of law. The ceremony was attended by various dignitaries, including ICC Judges, representatives of the Office of the Prosecutor, and the Registry, among others. Judge Hofmański thanked Armenia for strengthening the Court and setting an example for other nations. ASP President H.E. Ms Päivi Kaukoranta congratulated and welcomed Armenia to the ICC family, expressing confidence in Armenia’s active participation in implementing the Rome Statute and promoting international criminal justice. Mr Ararat Mirzoyan emphasised the ICC’s role in crime prevention and ensuring fair and impartial justice, particularly in conflict resolution. Armenia deposited the instrument of ratification of the Rome Statute on 14 November 2023, and the Statute came into force for Armenia on 1 February 2024. Armenia is the 124th State Party to join the Statute and the 19th from the Eastern European group.
https://www.icc-cpi.int/news/international-criminal-court-welcomes-armenia-new-state-party
USA: Assurances Sought Regarding International Humanitarian Law Compliance from Countries Receiving American Weapons
On 8 February 2024, US President Joe Biden issued a memorandum requiring countries receiving American weapons to adhere to international law. The executive order mandates foreign governments to provide written assurances that they are following the laws of war and delivering humanitarian aid to civilian populations in conflict zones. All 100 countries receiving US weapons must sign the assurances within 180 days, with those involved in active conflicts, such as Israel, given 45 days to respond. The move follows concerns raised by Democratic lawmakers regarding Israel’s military campaign in Gaza and aims to ensure compliance with international humanitarian law.
Haiti: Amid Demand for Resignation, Haitian PM Calls for Maintaining Calm
On 8 February 2024, Ariel Henry, the Haitian Prime Minister, called on the public to maintain calm amid violent protests across the country demanding his resignation. He reassured that he would hold general elections as soon the regional security issues were resolved while commending the police for their efforts in fighting gangs. He added that he would keep pushing for the United Nations-backed deployment of a Kenyan police force in the region. The country failed to hold its general election in 2019 and 2023, and Henry assumed the position of Prime minister following the assassination of President Jovenel Moise in July 2021 with the support of the international community. Haitians gather daily in cities and towns nationwide, demanding his resignation. While the prime minister has reassured that the citizens would have “peace and development with prosperity”, Haitians continue to protest and demand he step down.
Ukraine: Child Rights Committee Urges Russia to End ‘Forcible Transfer’ of Children from Occupied Areas of Ukraine
On 8 February 2024, it was reported that the United Nations Committee on the Rights of Child (UNCRC) has urged Russia to end the forcible transfer of children from occupied areas of Ukraine and return them to their families. While reviewing its record, a panel of 18 independent experts called upon Russia on deportation allegations. Russia has argued that the placements for evacuated children are arranged at the request and consent of the children. Kyiv has alleged that 20 000 children have been taken away from Ukraine to Russia without the consent of their families or guardians. Maria Lvova-Belova, Russia’s Commissioner for Children’s Rights, has also been accused of abducting children from Ukraine and has been issued an arrest warrant by the International Criminal Court (ICC). The UN Committee has further called on Moscow to provide information about how many children were taken from Ukraine and where they are living to ensure that the children can be tracked and returned to their parents or guardians. The committee also urged that Russia should ensure that no child is deprived of their Ukrainian identity.
Tunisia: Boat Carrying Sudanese Asylum Seekers Capsizes off Tunisian Coast, With 27 Missing
On 8 February 2024, Al-Jazeera reported that at least 13 Sudanese asylum seekers have died as a result of their boat capsizing off the coast of Tunisia. The boat carrying 42 people had set off from Jebiniana, a town near the Mediterranean port city of Sfax. According to a Tunisian judicial official, 27 people were still missing, while two people had been rescued. Farid Ben Jha, a court spokesperson in the coastal Tunisian city of Monatsir, stated that it was likely that the asylum seekers had been “exploited in human trafficking case or in the formation of a criminal group to reach Europe illegally” while adding that an investigation into the matter was also was being conducted. According to the investigation’s initial findings, the boat was fragile and made with metal scraps.
Venezuela: Satellite Images Reveal Venezuela Expanding Military Bases Near Guyana
On 9 February 2024, the Guardian reported that Venezuela has been expanding its military bases near its border with Guyana and deploying forces to the jungle frontier as revealed by satellite images. The move is part of President Nicolas Maduro’s threat to annex the disputed Essequibo region. He had pledged in December at mediation talks that he would take no military action, but the images shared by the Centre for Strategic and International Studies (CSIS) reveal the opposite. Christopher Hernandez-Roy, deputy director of CSIS’ Americas programme, revealed that the Venezuelan military was conducting tank drills when the Venezuelan foreign ministers met with Guyanese diplomats. A CSIS report has also highlighted that “this escalatory behaviour on the part of Venezuela creates opportunities for miscalculation and loss of control over events on the ground.”
Tibet: Transnational Repression Against Tibetans Continues by China
On 10 February 2024, the Tibetan Centre for Human Rights and Democracy (TCHRD) released a new report which highlighted that thousands of Tibetans around the globe have been subjected to spying, blackmail and threats against family members still living in Tibet. This report is the first that has investigated the widespread targeting of exiles in countries including the US, India, France, Australia and Canada. The organisation has gathered testimony from 84 exiled Tibetans across 10 countries and has found that 49 of them received threats of harm to their relatives still living in Tibet. A security official from Central Tibetan Administration, based in Dharamshala, India, told researchers that around 80-90 & of Tibetan refugees with families who are living in Tibet have experienced transnational repression. Tenzin Dawa, TCHRD executive director, highlighted that the phenomenon was more severe in Europe than elsewhere while adding that US authorities have been more active in responding to Chinese transnational repression.