Weekly News Recap (6 - 12 May 2024)
© Photo by tamasvarga67 via Flickr
- ECtHR: Court Finds Discrimination in Dismissal of Russian Teacher Due to Sexual Orientation
Czechia: Constitutional Court Rules Against Mandatory Surgical Procedures in Gender Transition
ECtHR: Court Rules Partially in Favour of Protesters in 2019 Georgian Protest Case
Fiji: High Court Imposes Custodial Sentence on Former Prime Minister for Corruption
USA: Civil Rights Groups File Court Complaint Against New State Immigration Law
Madagascar: Former Chief of Staff to the President Receives Jail Sentence for Bribery
International Justice Section
ECtHR: Court Finds Discrimination in Dismissal of Russian Teacher Due to Sexual Orientation
On 7 May 2024, the European Court of Human Rights (ECtHR) ruled that the dismissal of a Russian teacher, identified as A.K., due to her sexual orientation, constituted discrimination contrary to Article 14 of the European Convention on Human Rights (ECHR) and a violation of her privacy rights pursuant to Article 8 of the ECHR. A.K.’s employment in a state school position was terminated in December 2014 after a Russian NGO disclosed private photos of her with other women, which the school deemed as “propaganda of non-traditional sexual orientation.” Despite her legal challenges in Russian courts, all were unsuccessful, leading her to appeal to the ECtHR in 2016. The court emphasised that the right to privacy includes the expression of one’s sexual orientation both privately and publicly, critiquing the school’s justification for her dismissal as disproportionate and discriminatory.
Czechia: Constitutional Court Rules Against Mandatory Surgical Procedures in Gender Transition
On 7 May 2024, the Czech Constitutional Court ruled against a regulation mandating surgical procedures for official sex changes for transgender individuals, citing violations of their fundamental rights to bodily integrity, personal autonomy, and human dignity. The court’s decision came in response to a case brought by a transgender person seeking recognition of their gender identity without surgery. The ruling aligns with international human rights standards and calls for legislative action to reflect the rights of transgender individuals. This decision signals progress in recognising transgender rights in Europe, echoing previous rulings by the European Court of Human Rights (ECtHR).
ECtHR: Court Rules Partially in Favour of Protesters in 2019 Georgian Protest Case
On 8 May 2024, the European Court of Human Rights (ECtHR) granted partial satisfaction to Georgian protesters, recognising procedural lapses in Georgia’s response to a 2019 protest in front of the Parliament in Tbilisi. The court reviewed claims under five articles of the European Convention on Human Rights (ECHR), brought by 26 individuals, including demonstrators and journalists. The court confirmed a partial violation of Article 3 (prohibition of inhuman and degrading treatment), specifically criticising the ineffective criminal investigation into the use of rubber bullets by police during the protest. However, it found no violations of Article 10 (Freedom of Expression), Article 11 (Freedom of Assembly and Association), and Article 38 (Examinations of the Case), noting that investigations were still ongoing and thus outside of the scope of its current judgment. The protest in 2019 was initially triggered by a Russian Duma member’s speech from the Georgian Parliament speaker’s chair, reflecting ongoing tensions between Russia and Georgia. As compensation, the ECtHR awarded damages ranging from €1,800 to €15,000 to various applicants, acknowledging the procedural shortcomings by the state in handling the protest.
https://hudoc.echr.coe.int/eng-press?i=003-7941057-11065329
Fiji: High Court Imposes Custodial Sentence on Former Prime Minister for Corruption
On 9 May 2024, Fiji’s High Court sentenced former Prime Minister Frank Bainimarama to one year in prison for perverting the course of justice. The case involved allegations of corruption at a Fijian university, where Bainimarama and the suspended Police Commissioner Sitiveni Qiliho were accused of using their positions to halt police investigations. Qiliho received a two-year sentence for abuse of office. Initially acquitted in 2023, both men were found guilty upon appeal. The lower court’s failure to follow through on their conviction led to a High Court appeal, resulting in the upheld prison sentences. Bainimarama, who rose to power in a 2006 coup and served as prime minister until 2022, when he was succeeded by Sitiveni Rabuka.
USA: Civil Rights Groups File Court Complaint Against New State Immigration Law
On 9 May 2024, civil rights groups, including the American Civil Liberties Union (ACLU) and the American Immigration Council (AIC), filed a complaint with the District Court of Southern Iowa, against Iowa state officials to halt the enforcement of a new immigration law set to take effect on 1 July 2024. The new law makes it a crime for foreign nationals previously deported from the US to enter Iowa, regardless of their current immigration status. The groups argue that Iowa’s law encroaches on federal jurisdiction over immigration and foreign commerce regulation. They highlight the law’s severity, including potential prison sentences and family separation, and warn of racial profiling. Iowa’s Governor, Kim Reynolds, defended the law, citing concerns over immigration law enforcement at the federal level. Similar laws face legal challenges in other states, such as Texas and Oklahoma, as states take steps to address immigration enforcement.
ICJ: Libya Files Declaration of Intervention and South Africa Requests Additional Provisional Measures in Israel Genocide Case
On 10 May 2024, Libya invoked Article 63 of the Statute of the International Court of Justice (ICJ) and filed a declaration of intervention in the case between South Africa and Israel concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. Article 63 of the ICJ Statute grants states not directly involved in a case the right to intervene when the interpretation of a convention is at issue. Libya, as a party to the Genocide Convention, asserts that Israel’s actions in Gaza have genocidal intent and violate its obligations under the convention. The intervention focuses on interpreting provisions related to the duty to prevent and punish genocide. South Africa and Israel have been asked to provide written responses to Libya’s intervention. Also on the same date and in the same case, South Africa filed an urgent request with the court seeking additional provisional measures and modifications to existing ones against Israel, arguing that the current measures are insufficient to address new circumstances, particularly concerning the Israeli assault on Rafah, which poses a severe risk to humanitarian supplies, basic services in Gaza, and the survival of Palestinians.
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240510-pre-01-00-en.pdf
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240510-pre-02-00-en.pdf
USA: Federal Appeals Court Upholds Conviction of Former Trump Advisor for Contempt of Congress Concerning January 6th US Capitol Attack
On 10 May 2024, the US Court of Appeals for the Washington DC Circuit upheld Steve Bannon’s conviction for contempt of Congress for failing to comply with a subpoena related to the investigation of the January 6 attack on the US Capitol. Bannon, former advisor to Trump, argued on four grounds, including that the mental state required for contempt was misinterpreted, his actions were authorised by government officials, the subpoena was invalid, and that certain trial subpoenas should not have been quashed. The court rejected these arguments, stating that the good-faith defence based on attorney counsel was not valid, Bannon’s actions were not authorised by officials, he forfeited objections to the subpoena, and trial subpoenas seeking irrelevant information were rightly quashed. Bannon has 90 days to file a petition for writ of certiorari to the US Supreme Court for another chance to reverse his conviction.
https://www.theguardian.com/us-news/article/2024/may/10/steve-bannon-january-6-appeal-conviction
Madagascar: Former Chief of Staff to the President Receives Jail Sentence for Bribery
On 10 May 2024, the former chief of staff to Madagascar’s President, Andry Rajoelina, was sentenced to three and a half years in jail by a London court for soliciting bribes from a UK-based mining company, Gemfields, in exchange for exclusive mining rights. Romy Andrianarisoa and her colleague Phillipe Tabuteau were arrested in August 2023, with Tabuteau pleading guilty and Andrianarisoa pleading not guilty. The National Crime Agency (NCA) investigated the case after Gemfields reported concerns about corruption. Both defendants were found guilty in February 2024, with Andrianarisoa receiving the longer sentence. Following the sentencing, the NCA released audio clips demonstrating the bribery, and commended Gemfields for their cooperation in bringing the matter to light.
International Peace & Security Section
Türkiye: Airstrikes Kill 16 PKK Members
On 6 May 2024, Türkiye conducted airstrikes in northern Iraq targeting the Kurdistan Workers Party (PKK), claiming to kill 16 militants. The strikes, in regions like Hakurk, Metina, and Gara, aimed to neutralise PKK presence. PKK, considered a terrorist group by Turkey, the US, and the EU, has been in conflict with Turkey since 1984. Turkish President Erdogan recently discussed PKK’s presence in Iraq with officials from Baghdad and Erbil. Baghdad labelled PKK a “banned organisation” in March 2024.
Russia: Drone Attack Kills 6
On 6 May 2024, Ukraine launched their deadliest drone attack on Belgorod in Russia, an area which has recently faced an uptick in Ukrainian drone and missile strikes. According to the Governor of Belgorod, Vyacheslav Gladkov, six people died at the scene, with 35 others wounded near Berezyovka village. The strike targeted two vans carrying factory workers and a passenger vehicle affiliated with a meat production facility. Among the wounded were two children, with one individual in critical condition undergoing surgery. Gladkov shared images of a damaged bus, depicting blown-out windows and a damaged roof, illustrating the impact of the attack. This attack comes amongst a string of Ukrainian attacks after they began receiving US and European weapon shipments.
DRC: Family Members Mourn Victims of Attack on Displaced People
On 6 May 2024, in eastern Congo, families of the victims of recent bomb attacks on displacement camps gathered in Goma to mourn. The bombings at the Mugunga and Lac Vert camps killed 18 people, mostly women and children, and injured 32 on 3 May 2024. Alimeti Kigiho, who lost his wife and two children in the attack, lamented the devastation caused by war. The Congolese army and rebel group M23 have blamed each other for the bombings. The conflict in eastern Congo, involving over 100 armed groups, stems from land disputes and control over valuable minerals. Justine Joza Bushashire, who lost her son in the attacks, mourned his aspirations and criticised the government’s failure to end the conflict. President Tshisekedi accuses Rwanda of supporting the M23 rebels, a claim Rwanda denies. Mourners called for an end to the conflict, expressing frustration with the president and the international community’s inaction. Despite the dangers, some displaced residents contemplate returning home.
https://apnews.com/article/congo-bombing-displaced-m23-victims-93518c7dbf4958a0dad54d718b90ebd0
Gaza: Israel Orders Palestinians to Leave Rafah and Takes Control of Rafah Crossing
On 6 May 2024, Israel ordered the evacuation of eastern Rafah, an area sheltering 100,000 Palestinians. This was followed by heavy bombardment of the area and on 7 May 2024, Israeli forces also seized control of the Rafah crossing, limiting aid and preventing injured Palestinians from leaving. On 8 May 2024, Israel announced the reopening of Kerem Shalom crossing on the eastern Palestinian-Israeli border, however, the UN reported that aid trucks were yet to enter Gaza. The assaults have resulted in dozens of Palestinian casualties, with the Kuwaiti Hospital receiving a significant number of wounded. Displaced families, seeking refuge, relocated to Deir el-Balah, despite the lack of safety within Gaza. At the time of writing, the attacks are continuing, and focused on the as-Salam neighbourhood in eastern Rafah, leading to the closure of Al-Najjar Hospital. Qatar’s Ministry of Foreign Affairs warned against Israel’s forced displacement of civilians, urging urgent international intervention to prevent further escalation and protect civilians in accordance with international law. The situation underscores the severe humanitarian crisis in Gaza amid ongoing military actions and ceasefire negotiations.
Brazil: Floods Kill At Least 90
On 7 May 2024, devastating floods hit southern Brazil’s Rio Grande do Sul, claiming at least 90 lives, and prompting urgent rescue operations as survivors face dire conditions. Many displaced individuals, like those near Eldorado do Sul, are enduring hunger and homelessness, with families resorting to makeshift shelters along roadsides. Rescue efforts are hindered by flooded areas, leaving many stranded and awaiting evacuation by boat or helicopter. Porto Alegre, the state capital, grapples with depleted supplies, including empty supermarket shelves and closed gas stations, while essential services like water and electricity are disrupted for over 1.4 million people. President Luiz Inacio Lula da Silva pledged federal assistance, acknowledging the unprecedented scale of the disaster. Economically, the floods are projected to marginally affect GDP growth and raise inflation, impacting agricultural sectors like soy and meat production. Despite disruptions to transportation routes, the Rio Grande port remains operational, ensuring continuity in grain exports, albeit with logistical challenges. The aftermath underscores the region’s vulnerability to extreme weather events, necessitating comprehensive recovery efforts to mitigate further socio-economic repercussions.
Montenegro: Government Considering Amendment Proposal to UN Resolution on Srebrenica Genocide
On 7 May 2024, it was reported that the Montenegrin government is considering proposing amendments to a UN General Assembly resolution on the 1995 Srebrenica genocide, as it navigates domestic political dynamics influenced by its pro-Serbian coalition partners. Tea Gorjanc Prelevic, from the Action for Human Rights NGO, criticises the Europe Now movement, led by Prime Minister Milojko Spajic, for attempting to placate allies who align with Serbian President Aleksandar Vucic’s opposition to the resolution. Vucic has contended that the resolution unfairly labels the Serbian population as genocidal. The proposed amendments by Montenegro would clarify that genocide guilt is individual and not attributable to any group, aligning with the principles of the Dayton Peace Agreement. This move has sparked varied reactions within Montenegro and from its neighbours, reflecting broader regional tensions over the acknowledgment and remembrance of the genocide.
UK: Government Discloses Cybersecurity Breach in Armed Forces Payment Network
On 8 May 2024, UK Defence Secretary Grant Shapps disclosed a cybersecurity breach within the UK Armed Forces payment network, affecting roughly 272,000 personnel, during a statement to the House of Commons. Although initially reluctant to specify the external contractor or accuse China directly, Shapps later acknowledged potential state involvement, with China vehemently denying these claims as baseless and malicious. Despite no data reportedly removed, the Ministry of Defence has initiated comprehensive measures, including an 8-point security enhancement plan and a thorough investigation into the contractor’s failings, identified as Shared Services Connect Ltd.
https://www.jurist.org/news/2024/05/uk-armed-forces-network-breached-in-alleged-china-cyber-attack/
UK: Government Issues Intention to Expel Russian Defence Attaché Over Espionage Allegations
On 8 May 2024, the British government announced plans to expel Russia’s defence attaché, Maxim Elovik, over allegations of espionage and will also revoke the diplomatic status of several Russian properties in the UK, suspecting them of being used for intelligence activities. This move is part of broader measures designed to counter what Home Secretary James Cleverly described as the “reckless and dangerous activities” of the Russian government across Europe. These actions also include imposing restrictions on Russian diplomatic visas and visits. The Russian embassy in London has criticised these measures as baseless, promising a retaliatory response. These steps underscore the UK’s ongoing efforts to address perceived threats from Russia, including espionage and cyber attacks, particularly in the context of the ongoing conflict in Ukraine.
Armenia: Protesters Demand Prime Minister Resignation Over Border Villages Surrender
On 9 May 2024, a large group of protesters gathered in Yerevan, Armenia’s capital, demanding Prime Minister Nikol Pashinyan’s resignation following his decision to cede border villages to Azerbaijan. Armenia’s announcement of returning these villages has sparked anger among many citizens, leading to protests and detentions. Led by a senior Armenian cleric, protesters marched to Yerevan from a northeastern village, covering about 100 miles. Videos showed thousands assembling in Republic Square, waving flags and demanding Pashinyan’s resignation. Armenia’s relationship with Russia has soured as it seeks closer ties with the West, accusing Moscow of failing to protect it from Azerbaijan. Moscow has agreed to withdraw Russian forces from various parts of Armenia, following the departure of Russian peacekeepers from Nagorno-Karabakh, which Azerbaijan regained control of in 2020, leading to an exodus of ethnic Armenians.
UN: Closure of East Jerusalem UNRWA Office Amidst Arson Attacks
On 9 May 2024, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) shut down its East Jerusalem office due to two arson attacks by Israeli extremists. The closure comes amid investigations into Israeli claims that UNRWA staff were involved in Hamas attacks on 7 October 2024. UNRWA’s Commissioner General, Philippe Lazzarini, condemned the arson attacks, which occurred while staff were inside the building. Fortunately, there were no casualties, but damage was done. Lazzarini shared footage of the attacks on social media. He expressed concern for the safety of UN staff and decided to close the compound until security improves. Recent months have seen Israeli extremists protesting outside the UNRWA compound, leading to harassment and vandalism. The Office of Internal Oversight Services is investigating the allegations against UNRWA staff, which have led to funding bans from some countries. However, the EU has resumed funding. Despite the closure, UNRWA staff will continue their work remotely. One staff member, Mr. Fowler, highlighted the challenges posed by the closure amidst ongoing violence in the West Bank and humanitarian crises in Gaza. He affirmed UNRWA’s commitment to its mandate.