Weekly News Recap (10 - 16 June 2024)
© Photo by European Parliament via Flickr
- Kosovo: Court Convicts and Sentences Former Serbian Policeman for War Crimes
Belgium: Belgian-Rwandan National Sentenced to 25 Years in Prison for Genocide in Rwanda
Germany: Berlin Court Dismisses Palestinian Lawsuit to Halt German Arms Supplies to Israel
USA: Biden Administration Sued by Immigrant Rights Groups for US Asylum Ban
Russia: Prosecutors Send Espionage Indictment Against US Reporter Evan Gershkovich to Court
CJEU: Hungary Ordered to Pay Lump Sum and Daily Penalties for EU Asylum Judgment Non-Compliance
UK: High Court Allows Rights Groups to Join Legal Challenge Against Israel Arms Sales
International Justice Section
Kosovo: Court Convicts and Sentences Former Serbian Policeman for War Crimes
On 10 June 2024, Pristina Basic Court in Kosovo handed down an eight-year prison sentence to former Serbian policeman Caslav Jolic for his role in war crimes committed during the Kosovo conflict in 1998. The court found Jolic guilty of involvement in torture against Kosovo Albanian civilians in the Istog/Istok municipality. The case against Jolic, who was arrested in June 2022, centred on several incidents where he was reportedly involved in the physical assault of civilians. Notably, Jolic, along with other officers dressed in Serbian police uniforms, was accused of severely beating a civilian known as Z.M. resulting in his loss of consciousness. This assault occurred after Z.M. had guided British and Belgian journalists to a Serbian military helicopter crash site. Miodrag Brklac, Jolic’s defence lawyer, expressed strong disagreement with the court’s decision, describing the verdict as “catastrophic.” Brklac announced plans to appeal, arguing that the evidence presented was inadequate to substantiate the charges. “There is no convincing evidence to conclude that Caslav Jolic has committed the offence he is accused of,” stated Brklac, who believes the verdict contradicts both law and morality. This verdict is part of the broader efforts to address the legacy of the Balkan wars of the 1990s, highlighting ongoing legal and diplomatic challenges in the region.
https://balkaninsight.com/2024/06/10/kosovo-convicts-serb-ex-policeman-of-war-crimes/
Belgium: Belgian-Rwandan National Sentenced to 25 Years in Prison for Genocide in Rwanda
On 10 June 2024, a Brussels court sentenced Emmanuel Nkunduwimye, a 65-year-old Belgian-Rwandan, to 25 years in prison for his involvement in the 1994 Rwandan genocide. Nkunduwimye was found guilty of war crimes and genocide, including a series of murders and the rape of a Tutsi woman. Arrested in Belgium in 2011, he owned a garage in Kigali at the time of the genocide, a site where massacres were carried out by Interahamwe militiamen. Nkunduwimye, who had ties to several militia leaders including Georges Rutaganda, was said to have assisted the militia “with full knowledge of the facts.” The jury noted, “He could not have been unaware of the abuses committed there,” reflecting the gravity of his actions. During the trial, which began in April 2023, Nkunduwimye was formally identified by the woman he assaulted, who testified in private proceedings. Despite his defence team’s calls for acquittal, citing unreliable prosecution evidence, the prosecutors had initially sought a 30-year sentence. This trial marks the seventh Rwandan universal jurisdiction trial held in Belgium since 2001, reflecting Belgium’s ongoing commitment to prosecuting genocides under its universal jurisdiction laws.
Germany: Berlin Court Dismisses Palestinian Lawsuit to Halt German Arms Supplies to Israel
On 11 June 2024, a Berlin Administrative Court dismissed a lawsuit from several Palestinian applicants seeking to prevent the German government from supplying arms to Israel concerning the conflict in Gaza. Supported by human rights organisations such as the European Legal Support Center (ELSC), Law for Palestine and the Palestine Institute for Public Diplomacy (PIPD), the applicants argued that Germany was breaching international law and human rights obligations, and the EU Common Position on Arms Export Control. They cited Section 6 of the German Weapons of War Control Law, which prohibits arms transfers that violate international obligations. The court rejected the application for preventative interim protection, stating that future government decisions and their conditions could not be foreseen with certainty and that the applicants ignored the government’s decision-making scope. According to the German news website Der Spiegel, the European Center for Constitutional and Human Rights also expressed disappointment with the decision, noting that the rejection was largely due to the current non-authorisation of war weapon exports to Israel. This case is part of broader legal actions against Germany, including an April lawsuit claiming that Germany’s past arms exports to Israel facilitated genocide in Gaza, and a similar motion by Nicaragua at the International Court of Justice.
USA: Biden Administration Sued by Immigrant Rights Groups for US Asylum Ban
On 12 June 2024, a coalition of advocacy groups, led by the American Civil Liberties Union (ACLU) filed a federal lawsuit in the US District Court for the District of Columbia against a new Biden administration rule that restricts asylum claims based on the manner and location of entry into the US. Signed on 4 June 2024, this executive order prevents most migrants who cross the US-Mexico border illegally from seeking asylum, a move criticised for violating both domestic and international law. The plaintiffs, including Las Americas Immigrant Advocacy Center (Las Americas) and the Refugee and Immigrant Center for Education and Legal Services (RAICES), argue the rule will endanger vulnerable people and strain Mexico’s asylum system. They claim the rule’s procedures could lead to wrongful deportations, as asylum seekers must verbally express their fear of return without being prompted. The lawsuit also criticises the short timelines for legal consultations, which it argues deprives migrants of due process. The ACLU and other civil rights groups seek to block the rule, asserting that the president does not have the authority to bar asylum based on entry method, a stance previously upheld against a similar attempt by the Trump administration.
https://assets.aclu.org/live/uploads/2024/06/2024.06.12.0001-COMPLAINT.pdf
ECtHR: Court Rules Azerbaijan Violated Fundamental Right to Free Speech by Blocking Independent News Websites
On 13 June 2024, the European Court of Human Rights (ECtHR) ruled that Azerbaijan violated the fundamental right to freedom of expression protected under Article 10 of the European Convention on Human Rights (ECHR) when it blocked several news websites between 2017 and 2018. The blocked websites, including azadliq.org, anaxeber.az, az24saat.org, and xural.com, were considered independent and often critical of the Azerbaijani government. National courts had justified the blocks by claiming the sites published false information and unacceptable content under Azerbaijani media law, and further restricted content distribution via VPNs and social media. The ECHR’s unanimous decision acknowledged that these actions were excessive and violated the right to freedom of expression, ordering Azerbaijan to compensate the applicants within three months. The court did not address other alleged violations under the Convention. According to an Amnesty International report of April 2024, media activity in Azerbaijan faces significant restrictions, with incidents of violence, harassment, and arbitrary arrests. A new restrictive media law enacted in 2022 has exacerbated these issues, leading to the closure of independent media that refused to register with authorities and the politically motivated detention of journalists, activists, and opposition politicians.
https://hudoc.echr.coe.int/?i=001-234138
Russia: Prosecutors Send Espionage Indictment Against US Reporter Evan Gershkovich to Court
On 13 June 2024, the Russian Prosecutor General’s office officially approved an espionage indictment against Wall Street Journal reporter Evan Gershkovich, who has been detained in Russia since March 2023. His case has now been forwarded to the Sverdlovsk Regional Court in Yekaterinburg. The US has declared Gershkovich “wrongfully detained,” and his detention has been widely criticised by his employer and international press freedom organisations. According to a statement posted on Telegram, the Russian authorities have charged Gershkovich under Article 276 of the Russian Criminal Code, which involves the transfer of state secrets by foreign nationals and carries a sentence of 10 to 20 years in prison. The charges allege that Gershkovich collected sensitive information about the Russian government-owned defence manufacturer NPK Uralvagonzavod for the CIA. This firm has been sanctioned by the US in the wake of Russia’s invasion of Ukraine. Despite multiple attempts, Gershkovich has been unsuccessful in appealing the charges, and his pretrial detention has been extended multiple times since his initial arrest in March 2023.The US Charge d’Affaires to the Organisation for Security and Co-operation in Europe (OSCE), Katherine Brucker, reiterated calls for Gershkovich’s release in light of a report presented by the OSCE’s media freedom representative, which underscored the ongoing threats to press freedom. “We call for the release of all those incarcerated for carrying out their journalistic duties, including Evan Gershkovich and Alsu Kurmasheva, who are among the dozens of media workers currently held in Russia. Journalism is not a crime, nor should it be a death sentence,” stated Brucker.
CJEU: Hungary Ordered to Pay Lump Sum and Daily Penalties for EU Asylum Judgment Non-Compliance
On 13 June 2024, the Court of Justice of the European Union (CJEU) ordered Hungary to pay the European Commission a lump sum of €200 million and a penalty of €1 million per day for failing to comply with a previous asylum and migration judgment. This stems from a 2020 case where the court ruled that Hungary did not meet its obligations for international protection and proper removal procedures for illegal third-country nationals. Hungary had restricted asylum applications to border transit zones and detained applicants without adhering to EU directives. The CJEU determined that Hungary still had not complied with the 2020 ruling. Hungary continues to restrict asylum applications to now-closed transit zones, unlawfully removes third-country nationals, and maintains unclear conditions for asylum seekers to remain in the country. The court criticised Hungary for shifting its responsibilities to other EU states and not adhering to the principle of solidarity and sincere cooperation.
https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-06/cp240099en.pdf
UK: High Court Allows Rights Groups to Join Legal Challenge Against Israel Arms Sales
On 14 June 2024, the UK High Court allowed Human Rights Watch, Amnesty International, and Oxfam to join a legal effort to halt UK arms sales to Israel. The original case, brought by Al-Haq and the Global Legal Action Network (GLAN) in December 2023, seeks to compel UK Business and Trade Secretary Kemi Badenoch to suspend current licences for exporting military equipment to Israel and to stop issuing new ones. This legal action followed the International Court of Justice (ICJ) finding suggesting Israel may be committing genocide in Gaza. Initially dismissed in February, the UK case was granted a hearing on appeal. A House of Commons briefing clarified that while the UK does not directly sell arms to Israel, it issues licences to companies that do, assessing each on criteria like international law obligations and the risk of facilitating serious violations of humanitarian law. Despite UK Defence Secretary Grant Shapps stating UK exports to Israel are minor, the government has granted 108 new licences for Israel between 7 October 2023 and 31 May 2024, with 345 active licences and none rejected or revoked since October 2023. The opposition parties support suspending arms sales, with a letter from 613 legal professionals emphasising the UK’s duty to prevent genocide. The judicial review proceedings, where Human Rights Watch, Amnesty International, and Oxfam can present evidence, is fixed for October 2024.
International Peace & Security Section
UN: Security Council Votes for Ceasefire in Gaza
On 10 June 2024, the UN Security Council (UNSC) adopted a resolution outlining a ceasefire deal to end the war in Gaza. The US drafted text calls for Hamas to accept a ceasefire proposal, US President Joe Biden stated Israel had already accepted the plan. The resolution had 14 votes in favour, while Russia abstained, choosing not to exercise its veto power, allowing the resolution to pass. The resolution outlines a three-phase approach. Phase one includes an “immediate, full and complete ceasefire with the release of hostages”. Phase two would see the permanent end to fighting “in exchange for the release of all other hostages still in Gaza, and a full withdrawal of Israeli forces from Gaza”. Phase three outlines a “multi-year reconstruction plan for Gaza”. The resolution also clearly states that if the negotiations for phase one take longer than six weeks, the ceasefire will continue as long as negotiations continue. The resolution rejects any territorial change in the Gaza Strip, while outlining the Security Council’s “unwavering commitment” to a two-State solution, where both Israel and Palestine can live side by side in peace. Hamas welcomed the resolution and said it is ready to cooperate with mediators and implement the principles of the plan. Algeria, the only Arab member of the Council voted in favour. Algeria’s UN Ambassador Amar Bendjama stated the resolution “offers a glimmer of hope to the Palestinians”. Russia abstained from the vote, not supporting the proposal on the basis that there was a lack of clarity surrounding what exactly Israel had signed up to, leaving too many unanswered questions. Israel UN diplomat, Reut Shapir Ben Naftaly stated that Israel’s goal has been clear from the start – the return of all Israel hostages and to dismantle Hamas, while also ensuring “Gaza does not pose a threat to Israel in the future”.
https://news.un.org/en/story/2024/06/1150886
https://www.reuters.com/world/un-security-council-vote-plan-israel-hamas-ceasefire-2024-06-10/
Armenia: Protesters Gather In Opposition to Prime Minister Amidst Eradication of Political Suppression Movement
On 10 June 2024, it was reported that Armenian protesters gathered at Republic Square in Yerevan on Sunday, 9 June, to demonstrate against Prime Minister Nikol Pashinyan, as part of the “Tavush for the Homeland” movement organised by Archbishop Bagrat Galstanyan. The demonstrators were prevented from marching further by local police. The movement aims to promote democracy and end political suppression in Armenia. Archbishop Galstanyan called for decisive action and announced plans to convene an extraordinary parliamentary session to approve the government’s resignation and establish a new one. The protests began in response to the Armenian government’s controversial decision to return four villages to Azerbaijan in April, following tensions over border issues and recent conflicts in Nagorno-Karabakh.
https://news.am/eng/news/828147.html
Switzerland: Cyber Security Threats Increase Ahead of Ukraine Peace Summit
On 10 June 2024, the Swiss government disclosed in a press conference that it had encountered cyberattacks ahead of the Ukraine Peace Summit scheduled to take place from 15-16 June in Bürgenstock. Swiss President Viola Amherd acknowledged “disturbances and cyberattacks,” emphasising that organising such international conferences always carries risks, but assured that authorities are prepared. Swiss Foreign Minister Ignazio Cassis noted a surge in cyberattacks and misinformation campaigns recently, stressing their potential to disrupt the summit. The conference itself aims to foster lasting peace in Ukraine, with over 160 delegations from 90 countries expected to participate. Key topics include nuclear safety, freedom of navigation, food security, and humanitarian issues. Amnesty International called for addressing human rights and justice for victims, although civil society and NGOs will not attend the summit focused on high-level political dialogue. Switzerland’s role in hosting international conferences on Ukraine’s recovery, including the recent URC 2024 in Berlin, underscores its commitment to supporting Ukraine’s reconstruction and stability.
Yemen: 49 Migrants Dead in Shipwreck
On 11 June 2024, the International Organisation for Migration (IOM) reported that at least 49 migrants had died and another 140 remained missing after a boat sank off the coast of Yemen on Monday. The boat was carrying 260 migrants near Alghareef Point in Shabwah governorate. Among the fatalities were 31 women and six children. IOM Spokesperson, Mohammedali Abunajela, stated that this tragedy “is another reminder of the urgent need to work together to address urgent migration challenges and ensure the safety and security of migrants along migration routes”. According to survivor reports, the boat left Bossaso in Somalia early Sunday morning carrying 115 people from Somalia and 145 Ethiopians. This recent tragedy reflects the rise in migrants from the Horn of Africa travelling to Yemen, driven by political and economic instability, and extreme weather conditions causing severe drought. The IOM has organised two mobile medical teams to help survivors. Out of 71 survivors, eight people required hospital treatment, while the remaining 63 received minor treatment at the on-site mobile clinic. IOM psychologists are providing mental health support to 38 survivors. Despite challenges and a shortage of patrol boats, search and rescue operations are ongoing. Local fishermen have assisted in recovery efforts and have helped to lay the deceased to rest at Ayn-Bamaabed cemetery. Despite rescue efforts 140 people are still missing, as more bodies continue to wash ashore. This tragedy follows two separate shipwrecks on the same route along the coast of Djibouti where at least 62 migrants lost their lives. Since 2014, the IOM’s Missing Migrants Project has recorded 1,860 migrant deaths and disappearances on the route from the East and Horn of Africa to Gulf countries. The Eastern Horn of Africia to Yemen is one of the world’s most dangerous migration routes, which hundreds of thousands of migrants attempt to navigate. Migrants often rely on smugglers to assist their journey and therefore are at increased risk of human trafficking. Despite the conflict in Yemen, migrants continue to transit through the country in order to reach Saudi Arabia and other Gulf countries. In 2023, IOM’s Displacement Tracking Matrix (DTM) recorded more than 97,200 migrants arriving in Yemen, an increase on the figures from previous year when 73,000 migrants arrived in Yemen.
https://www.iom.int/news/49-migrants-dead-140-missing-shipwreck-yemen-coast
Estonia: Parliament Condemns Georgian Foreign Agent Law, Pledging to Block Georgia’s EU Accession
On 11 June 2024, the Parliament of Estonia strongly condemned Georgia’s adoption of a law requiring certain organisations to register as foreign agents if they receive significant funding from abroad. Of the 70 members of the Riigikogu, 57 voted to issue a statement calling for Estonia to block Georgia’s EU accession over the law. The law, signed by Georgia’s parliament president on 3 June 2024, has sparked widespread protests in Georgia, met with harsh police measures. Estonia’s parliament likened the law to Russia’s legislation on foreign agents, criticising it for violating human rights norms and the rule of law. The Riigikogu urged Georgia to repeal the law immediately and stop suppressing peaceful demonstrations, warning of potential sanctions and suggesting freezing the visa-free regime with the EU if changes are not made. The EU and the Organisation for Security and Co-operation in Europe (OSCE) have also criticised the law for undermining democracy and international human rights standards, with Estonia expressing solidarity with the Georgian people striving for a democratic and pro-European future.
Sudan: ICC Prosecutor Announces Investigation of Alleged War Crimes in Darfur
On June 11, 2024, International Criminal Court (ICC) Prosecutor, Karim A. A. Khan, announced an urgent investigation into alleged war crimes and crimes against humanity occurring in al-Fashir, a key location in Darfur involved in the ongoing conflict between the Sudanese army and the paramilitary Rapid Support Forces (RSF). Since the conflict’s escalation in April 2023, al-Fashir has been the site of reported ethnically-motivated attacks against civilians, widespread sexual violence, and targeted assaults on medical facilities. In a video statement, Prosecutor Khan highlighted his deep concerns regarding the severity of the allegations and the immediacy of the threats to civilians. He appealed to the public to assist the investigation by submitting any potential evidence, such as video or audio recordings. The city of al-Fashir, with a population exceeding 1.8 million, including many displaced persons, has become the latest epicentre of violence in the region.
UN: Commission Inquiry Accuses Both Israel and Hamas of War Crimes in Gaza Conflict
On 12 June 2024, it was reported that a United Nations (UN) backed commission of inquiry found that both Israeli forces and Hamas have committed war crimes and violations of international humanitarian and human rights law. In its report, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, established by the UN Human Rights Council (UNHCR), found that during Hamas’ 7 October attacks on Israeli civilians, members of Hamas and other Palestinian armed groups engaged in deliberate killings, injuries, mistreatment, hostage-taking, and sexual and gender-based violence, all of which constitute war crimes. In response to Israel’s retaliatory invasion of Gaza, the Commission accused Israel of war crimes, crimes against humanity, and violations of international law, citing the high civilian casualties and widespread destruction. The report also accused Israel of using starvation as a method of war, highlighting a surge in malnutrition among children and pregnant women as reported by the World Health Organisation (WHO). The Commission called for an end to hostilities and the prioritisation of civilian well-being. Israeli diplomats have condemned the Commission’s findings as systematically biassed. These findings coincide with an ongoing genocide case against Israel in the International Court of Justice (ICJ).
https://news.un.org/en/story/2024/06/1150946
Kuwait: 50 Dead From Fire in Building Housing Migrant Workers
On 13 June 2024, at least 50 people were killed in a fire in the southern Mangaf district of Kuwait which broke out in the morning in a building housing migrant workers. Deputy Prime Minister, Sheikh Fahad al-Yousuf al-Sabah ordered the arrest of the building’s owner following a visit to the site. He stated, “unfortunately, the greed of real estate owners is what leads to these matters”. A senior police commander stated that the building was used to house a large number of migrant workers, dozens were rescued, but unfortunately there were many deaths due to smoke inhalation. At least 40 Indians have died in the fire and 50 injured according to the Indian foreign ministry. While three Filipinos have also been killed, with other Filipino and Nepali workers injured. Two-thirds of the Kuwaiti population is made up of foreign workers and the country relies on migrant labour in construction and domestic sectors. Human rights groups have repeatedly raised concerns over living conditions. Reports from local media indicate that 196 workers were living in the building, suggesting overcrowding may have been an issue.
https://www.aljazeera.com/news/2024/6/12/dozens-dead-in-kuwait-building-fire
UN: Record High 120 Million People Displaced Globally
On 13 June 2024, the United Nations High Commissioner for Refugees (UNHCR) released a report (2024 flagship Global Trends Report) indicating forced displacement numbers have risen to a record high of 120 million. This rise is the 12th consecutive annual increase, a direct result of the number of ongoing conflicts across the world and the failure to resolve long-lasting crises. One major driving factor is the conflict in Sudan, which saw 10.8 million people displaced at the end of 2023. Also, in the Democratic Republic of the Congo and Myanmar, millions are internally displaced due to fighting. The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) estimates that by the end of last year 1.7 million people had been displaced in Gaza, equating to 75% of the population, due to the ongoing violence. In Syria, 13.8 million people remain forcibly displaced, making it the world’s largest displacement crisis. Filippo Grandi, the UN High Commissioner for Refugees reiterated the need for urgent action to tackle the cause of forced displacement and stated that “without better cooperation and concerted efforts to address conflict, human rights violations and the climate crisis, displacement figures will keep rising, bringing fresh misery and costly humanitarian responses.” The largest increase in displacement figures came from those who are internally displaced and fleeing wars in their own countries, which jumped to 68.3 million people, an increase of nearly 50% over five years. The number of refugees, and others in need of international protection, climbed to 43.1 million when including those under UNHCR and UNRWA’s mandate. The vast majority of refugees are accommodated in neighbouring countries to their own, with 75% in low- and middle-income countries that combined only produce about 20% of the world’s income. The report also indicated that 5 million internally displaced and 1 million refugees returned home in 2023, showing some progress towards longer-term solutions. Resettlement arrivals increased to almost 160,000 in 2023. Grandi expressed the need for solidarity for refugees and the communities hosting them, and also stated “last year millions of people returned home, representing an important glimmer of hope”. The report also analysed how displaced people are disproportionately bearing the brunt of the climate crisis.
Ukraine: Russian Missile Kills 9 in Kryvyi Rih
On 13 June 2024, it was reported a Russian ballistic missile had killed nine people and injured 29, including five children. The missile struck an apartment building in Kryvyi Rih in southern Ukraine, President Volodymyr Zelenskyy’s hometown. Zelenskyy posted footage of the scene showing rescue workers searching through the rubble looking for survivors and renewed his appeal for Ukraine’s allies to supply air defence systems to help Ukraine fight off Russian air attacks. The US has agreed to send another Patriot missile system to Ukraine. It is expected that renewed support for Ukraine will be an important issue at the Group of Seven (G7) summit this week in Italy.