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Weekly News Recap (20 - 26 May 2024)
© Photo by United Nations Photo via Flickr
- ICC: Arrest Warrants Sought Against Israeli and Hamas Leaders for Alleged War Crimes
USA: Supreme Court Upholds War Crimes Conviction of Former Guantanamo Detainee Omar Khadr
India: ISIS-Linked Suspects Detained by Gujarat Anti-Terrorist Squad
UK: High Court Rules Against Unlawful Protest Law Amendments
USA: Former Trump Lawyer Rudy Giuliani Faces Trial Over 2020 Election Interference Charges
ECtHR: Court Rules Against Bulgaria on Unfair Asset Forfeiture and Court Fees
UK: 64-Year-Old Man Charged With Suspected Russia-Related Terrorism Charges
ICJ: Mexico’s Request for Provisional Measures Against Ecuador Denied
International Justice Section
ICC: Arrest Warrants Sought Against Israeli and Hamas Leaders for Alleged War Crimes
On 20 May 2024, International Criminal Court (ICC) Prosecutor Karim A. A. Khan announced the submission of arrest warrant applications against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and senior Hamas leaders to face charges for alleged crimes against humanity during the Israel-Hamas War. Netanyahu and Gallant are accused of imposing a total siege on Gaza, depriving civilians of essential survival items, and employing starvation as a warfare method. Charges against them include willful killing, cruel treatment, and intentional attacks on civilians. Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh face charges for planning attacks resulting in civilian deaths, hostage-taking, and subjecting hostages to inhumane conditions, including sexual violence. Israeli Foreign Minister Israel Katz condemned the warrants, asserting Israel’s right to self-defence.
USA: Supreme Court Upholds War Crimes Conviction of Former Guantanamo Detainee Omar Khadr
On 20 May 2024, the US Supreme Court denied an appeal from Omar Khadr, a Canadian-born former Guantanamo Bay detainee, seeking to overturn his war crimes convictions, including the killing of a US soldier in Afghanistan. Khadr, who was 15 at the time of his capture, waived his right to appeal when he pleaded guilty in 2010. Despite a federal appeals court questioning the legitimacy of his charges, a divided panel upheld the waiver. Khadr was accused of throwing a grenade that killed US Army medic Sergeant First Class Christopher Speer during a 2002 firefight at an al-Qaida compound. Following his capture, Khadr was detained at Guantanamo Bay and charged with war crimes. In 2012, he was transferred to Canada, where he was released on bail in 2015 and later had his sentence commuted. Khadr’s appeal argued that his conviction violated the US Constitution’s prohibition against retroactive criminal laws, but the military review court and subsequent appeals upheld the original waiver.
India: ISIS-Linked Suspects Detained by Gujarat Anti-Terrorist Squad
On 21 May 2024, India’s Gujarat Anti-Terrorist Squad (ATS) arrested four Sri Lankan nationals at Ahmedabad airport on Monday, linking them to the Islamic State (ISIS). The suspects were reportedly in contact with an ISIS leader known as Abu. The ATS found an ISIS flag, three loaded pistols, and additional weapons near Ahmedabad. Seized mobile phones contained photos and videos indicating their involvement with ISIS. The suspects, who travelled from Colombo to Chennai and then to Ahmedabad, were allegedly directed by a Pakistani handler to collect the weapons. They admitted to planning terrorist activities in India, supported by substantial financial backing, and were previously associated with the banned Sri Lankan militant group National Thowheeth Jamath (NJT). They have been charged under the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code (IPC), and the Arms Act.
UK: High Court Rules Against Unlawful Protest Law Amendments
On 21 May 2024, the UK’s High Court ruled that recent amendments to protest laws enacted by the Secretary of State were unlawful. The judgment followed a legal challenge by the National Council of Civil Liberties (Liberty), which argued that the amendments improperly lowered the threshold for police intervention in public processions and assemblies. The court upheld Liberty’s claims that the Secretary of State acted beyond parliamentary authority and that the consultation process was inadequate, but it dismissed arguments that the regulations undermined Parliament’s previous decisions and were unjustified. Liberty celebrated the ruling as a victory for democracy and a check on government overreach, emphasising the importance of accountability. The amendments, introduced in 2023 by then Home Secretary Suella Braverman, aimed to give police new powers to prevent disruptions, but the court found the definition of “serious disruption” to be inadequately specified, leading to potential curbs on civil liberties. The court’s decision underscores the limitations of the government’s “Henry VIII power” to redefine legal terms via secondary legislation after similar proposals were previously rejected by the House of Lords.
https://uk.news.yahoo.com/extending-police-powers-over-protests-094100052.html
USA: Former Trump Lawyer Rudy Giuliani Faces Trial Over 2020 Election Interference Charges
On 22 May 2024, Rudy Giuliani, former lawyer for Donald Trump and ex-Mayor of New York, pleaded not guilty in an Arizona election interference case involving false electors submitted in the 2020 Presidential election. Giuliani, along with ten others, faces charges of tampering with a public record, forgery, and changing an elector’s vote by corrupt means. The defendants, including Kelli Ward, Tyler Bowyer, and others, are accused of acting to prevent the lawful transfer of the presidency to Joe Biden by falsely claiming widespread voter fraud and pressuring officials to alter votes. The indictment alleges that the group aimed to keep Trump in office against the will of Arizona voters, violating both state and federal laws. The trial is set to begin on 10 October 2024, following Giuliani’s court appearance after attempts to evade a summons.
https://www.nytimes.com/2024/05/21/us/giuliani-trump-arizona-fake-electors.html
ECtHR: Court Rules Against Bulgaria on Unfair Asset Forfeiture and Court Fees
On 22 May 2024, the European Court of Human Rights (ECtHR) ruled against Bulgaria in the case of Mandev and Others v. Bulgaria, addressing the unfair forfeiture of assets and excessive court fees. The judgement consolidated five applications involving convictions for extortion, sex trafficking, possession of counterfeit banknotes, participation in a criminal group for drug trafficking, and smuggling. The Bulgarian courts had applied the Forfeiture of Proceeds of Crime Act of 2005, allowing the state to confiscate assets presumed to be proceeds of crime without providing a legal source. The ECHR found violations of Article 1 of Protocol No. 1 of the European Convention on Human Rights, which protects the right to peaceful enjoyment of possessions, in four cases due to a lack of evidence linking the crimes to the confiscated assets. In the case of Glavchev, the court accepted the causal link between sex trafficking and financial gains. Additionally, the court ruled that the high court fees imposed on all applicants violated the same article. This decision, influenced by the precedent of Todorov and Others v Bulgaria, emphasised the flaws in the 2005 Act, which placed undue burdens on defendants. The ECHR ordered Bulgaria to compensate the applicants for pecuniary and non-pecuniary damages, underscoring the court’s role in upholding human rights under the convention.
UK: 64-Year-Old Man Charged With Suspected Russia-Related Terrorism Charges
On 23 May 2024, Howard Michael Phillips, a 64-year-old man, was charged under the National Security Act 2023 by the Metropolitan Police. Phillips appeared in Westminster Magistrates’ Court to confirm his details, where Judge Daniel Sternberg denied him bail and scheduled a hearing at the Old Bailey for June 14. Phillips was arrested on May 16 without a warrant, a power granted by Section 27 of the National Security Act 2023, which allows detention of individuals “reasonably suspected to be involved in foreign power threat activity.” A warrant for further detention allowed police to hold him until 23 May 2024. Following a consultation with the Crown Prosecution Service, Phillips was charged under Section 3 of the Act for “materially assisting a foreign service,” specifically relating to cooperation with Russia. The police have not disclosed further details but emphasised that Phillips’ arrest is unrelated to other recent charges or investigations and poses no threat to the public. This follows an unrelated April 2024 case where two British men were charged with aiding Russian intelligence after an arson attack on a Ukraine-linked London business.
https://news.met.police.uk/news/man-charged-with-offence-under-the-national-security-act-484266
ICJ: Mexico’s Request for Provisional Measures Against Ecuador Denied
On 24 May 2024, the International Court of Justice (ICJ) ruled unanimously that there is no urgency to implement preventive measures requested by Mexico against Ecuador, following an incident at the Mexican embassy in Quito in April 2024. Ecuador’s representative assured Mexico of its commitment to protect the embassy’s premises, property, and archives, and offered to formalise these assurances in a court order. Despite Mexico’s repeated requests for provisional measures, citing a lack of credible assurances from Ecuador, the ICJ concluded that there is no imminent risk of irreparable harm to Mexico’s rights. The court acknowledged Ecuador’s commitment to protect the embassy and its diplomatic agents, deeming additional measures unnecessary. Both countries’ foreign ministries responded to the ruling, with Ecuador highlighting the court’s rejection of Mexico’s request and Mexico viewing the decision as a step towards safeguarding its interests.
https://www.icj-cij.org/sites/default/files/case-related/194/194-20240523-pre-01-00-en.pdf
International Peace & Security Section
UN: Security Council Rejects Russian Space Weapons Resolution
On 20 May 2024, the UN Security Council rejected a Russian-proposed resolution aimed at preventing the use of weapons in space, intended to avert an arms race and preserve space for peaceful purposes. The resolution, supported by seven countries including China but opposed by seven others, did not receive the required nine affirmative votes. Russia’s representative, Vassily Nebenzia, claimed the vote exposed Western intentions to militarise space, while US Ambassador Robert Wood dismissed the proposal as a distraction from Russia’s own development of a nuclear-armed satellite, criticising it for offering no substantial improvement to the 1967 Outer Space Treaty. This vote follows a similar division in April when Russia vetoed a US-Japan resolution amid accusations of developing anti-satellite nuclear weapons.
https://thehill.com/homenews/4676791-un-security-council-rejects-russia-space-weapons-resolution/
Pakistan: Punjab Defamation Bill 2024 Introduced Amidst Free Speech Concerns
On 21 May 2024, the Provincial Assembly of the Punjab in Pakistan passed the Punjab Defamation Bill 2024, which establishes special tribunals to try individuals accused of disseminating fake news. The bill aims to curb false, misleading, and defamatory claims made via print, electronic, and social media against public officials and private citizens. Defendants can be fined up to Rs3 million, and cases must be resolved within six months. The bill, introduced by Minister of Finance and Parliamentary Affairs Mujtaba Shuja Ur Rehman, has faced significant opposition from the Tehreek-e-Insaf party and free speech advocates, who argue it threatens freedom of expression. Media representatives requested a delay in the vote, and the Human Rights Commission of Pakistan expressed concerns over the bill’s impact on due process and free expression, particularly regarding the expedited 180-day resolution period for defamation claims.
New Caledonia: Assisted Departures Initiated for Foreign Nationals Amidst Unrest
On 21 May 2024, Australian and New Zealand governments initiated assisted departures for their nationals in New Caledonia following protests and political unrest. The evacuations come after at least four deaths, nearly 200 arrests, and numerous injuries. New Zealand Foreign Minister Winston Peters confirmed the first evacuation flight’s impending departure, emphasising ongoing collaboration with French counterparts and Australia to ensure citizens’ safety. Australian Minister of Foreign Affairs Penny Wong announced clearance for two assisted-departure flights, with the first arriving in Brisbane on 21 May 2024. French President Emmanuel Macron declared a state of emergency amid riots sparked by proposed constitutional amendments regarding local elections and concerns about further marginalisation of the indigenous Kanak people. Macron plans to visit New Caledonia on Tuesday.
https://www.beehive.govt.nz/release/assisted-departures-new-caledonia
Ecuador: President Declares State of Emergency in Response to Internal Armed Conflict
On 22 May 2024, Ecuador President Daniel Noboa declared a state of emergency in seven provinces due to the internal armed conflict, granting increased powers to law enforcement. The decree suspends constitutional rights regarding home inviolability and privacy of correspondence in affected areas. Noboa cited entrenched criminal gangs despite military efforts as the reason for the emergency declaration. Human Rights Watch has documented rights violations since the conflict’s onset, urging limitations on military involvement. This follows previous emergency declarations prompted by escalating unrest and a police assessment of organised crime activities.
Guatemala: Human Rights Report Exposes Harassment and Criminalisation of Female Justice Operators and Human Rights Defenders
On 23 May 2024, Amnesty International published a report highlighting the harassment and criminalisation of justice operators and human rights defenders in Guatemala, focusing on gender-based violence and discrimination. The report indicates that progress in combating corruption has led government officials to intimidate and criminalise those holding them accountable, particularly targeting female justice operators and human rights defenders since 2018. These individuals face improper prosecutions, trials without due process, online and personal harassment, arbitrary detention, and exile. Women in these roles experience misogynistic attacks and threats both online and in public spaces, leading to severe psychosocial impacts. Amnesty International documented instances of gender-based harassment, such as misogynistic remarks during trials and manipulated photos shared online. Ana Piquer, Amnesty International’s Regional Director for the Americas, emphasised that these women face additional punishment for challenging impunity and traditional gender roles. Amnesty International recommends that Guatemalan authorities recognise the legitimate work of justice operators, implement protective policies, adopt reparations for those criminalised, and ensure judicial independence. The report comes amidst a broader context of human rights concerns in Guatemala, including the murder of human rights defenders and low scores on Transparency International’s Corruption Perceptions Index. The UN High Commissioner for Human Rights has also expressed concerns about the rule of law in Guatemala.
Indonesia: Rohingya Refugees Fleeing Myanmar Arrive in Indonesia Amidst Hostility
On 23 May 2024, it was reported that, amidst ongoing violence and persecution in Myanmar, approximately 50 Rohingya Muslims arrived in North Sumatra, Indonesia, seeking refuge. This latest wave of arrivals adds to the over 2,300 refugees who have reached Indonesia since November 2023, with more than 500 Rohingya feared lost or dead during the perilous journey. Indonesian locals have expressed hostility towards refugees, hindering their safe arrival. The sea route to Indonesia is notorious for its dangers, prompting calls from organisations like Human Rights Watch for Indonesia to protect Rohingya refugees. Despite ongoing persecution in Myanmar, where ethnic and religious minorities are targeted, increasing insecurity has pushed Rohingya refugees to seek safety elsewhere, including Indonesia, via risky sea routes.
Netherlands: Booking.com Faces Criminal Investigation Over Alleged Listings in Israeli Settlements
On 23 May 2024, the Dutch Public Prosecutor (OM) announced its intention to investigate a criminal complaint filed by human rights organisations against Booking.com. The complaint alleges that Booking.com listed rental properties in Israeli settlements, profiting from what the NGOs deem as war crimes and money laundering. Investigations found 70 such listings, identified as contributing to human rights violations and illegal settlements. The settlements are considered illegal by the International Court of Justice and the Dutch Government. Booking.com was previously blacklisted by the UN Human Rights Council for its involvement. Prosecutors are currently reviewing the complaint, with no specified timeline for further action.
https://www.somo.nl/booking-com-accused-of-laundering-profits-from-israeli-war-crimes-in-palestine/
Taiwan: 80,000 Demonstrators Gather For Largest Protest To Date Against Parliamentary Reforms
On 24 May 2024, nearly 80,000 people protested outside Taiwan’s parliament against proposed parliamentary reforms by the opposition Kuomintang (KMT) and Taiwan’s People’s Party (TPP). This was the third and largest rally, coinciding with the second reading of two controversial bills. The first bill, a parliamentary reform bill, aims to expand the investigative powers of the parliament, allowing lawmakers to demand information from various sectors and criminalise “contempt of parliament.” Protesters are concerned about the bill’s broad scope and potential for abuse, fearing it could threaten national security and lack proper checks and balances. The second bill proposes a $61 billion infrastructure project to build a high-speed rail and improve highways on Taiwan’s east coast. Critics argue this project is financially unsustainable, environmentally harmful, and politically motivated, potentially worsening social inequalities and diverting resources from essential services. The KMT argues that the reforms will increase government accountability and reflect the majority opinion. However, protesters, including many students and young professionals, accuse the KMT of pushing the bills without adequate debate or consultation. National Pingtung University student Lee Yu-cheng criticised the undemocratic procedures in the Legislative Yuan. A small counter-protest in support of the bills was also organised but saw little participation.
Mexico: 9 Dead and Many Injured at Election Rally Stage Collapse
On 24 May 2024, Governor Samuel Garcia of Nuevo León, Mexico, extended condolences to victims and families after a tragic incident at an election rally. During a rally for presidential candidate Jorge Alvarez Maynez, strong winds caused the collapse of the stage, resulting in nine fatalities and over a hundred injuries, including a child. Maynez, of the centre-left Movimiento Ciudadano party, narrowly escaped the falling stage and later assisted with emergency response efforts. Campaign events have been cancelled out of respect for the victims, with solidarity expressed nationwide. The government of Nuevo León has covered funeral expenses and pledged support for affected families. President Andrés Manuel López Obrador also conveyed his regret for the incident.
UN: Security Council Adopts Resolution to Protect Humanitarian Personnel
On 24 May 2024, the United Nations Security Council (UNSC) adopted Resolution 2730 (2024), proposed by Switzerland, calling for the protection of UN and humanitarian personnel as per international law. The resolution, passed with a 14-0 vote and one abstention from Russia, urges parties in conflicts to safeguard humanitarian workers and abide by international humanitarian law and the Geneva Convention. Switzerland’s ambassador to the UN, Pascale Baeriswyl, emphasised the duty to protect humanitarian personnel, citing the rising violence against them and the challenges posed by disinformation. Member states expressed strong support for the resolution, highlighting the importance of protecting women humanitarian workers and leveraging technology for their safety. While Russia acknowledged the courage of humanitarian workers, it expressed regret over omitted comments due to Western pressure. The resolution did not specify any particular conflict but alluded to concerns about conflicts in Palestine, Syria, Myanmar, Ukraine, and Sudan. UN Secretary-General Antonio Guterres previously highlighted the crisis in Gaza, where more aid workers have been killed than in any comparable period, prompting calls for an independent investigation into their deaths.