Weekly News Recap (17 - 23 June 2024)
© Photo by Photo Unit via Flickr
- Niger: State Court Lifts Immunity of Deposed President In Prosecution for High Treason
Bosnia & Herzegovina: Serb Ex-Soldiers’ Sentences for Executing Bosniak Villagers Upheld By Court
ICJ: Court Receives Request for Advisory Opinion in Relation to the Right to Strike
ECtHR: Court Holds that Russian Law on Undesirable Organisation Designation Breached the Convention
Sweden: Court Exonerates Former Syrian General of War Crimes Due to Insufficient Evidence
UK: Supreme Court Allows Chowdhury Mueen-Uddin to Revive Libel Action
International Justice Section
Niger: State Court Lifts Immunity of Deposed President In Prosecution for High Treason
On 17 June 2024, it was reported that the State Court of Niger had lifted the criminal immunity of deposed President Mohamed Bazoum, allowing him to be tried by a military court on charges of high treason and undermining national security. Bazoum’s lawyer, Reed Brody, condemned the decision as a “travesty of justice,” noting that he and his legal team have been unable to meet with their client. The military junta initiated the process to lift Bazoum’s immunity in April 2024. The State Court, established by the junta to replace the Court of Cassation and the Council of State, is criticised for failing to meet basic due process standards, including violations of Bazoum’s rights to present evidence, communicate with legal counsel, and have a fair trial. The court’s actions have also denied Bazoum the right to appeal. Bazoum and his family have been detained since his government was overthrown in a military coup July 2023. Despite a ruling from the Community Court of Justice of the Economic Community of West African States in December 2023 declaring his detention arbitrary and ordering his release, the junta has ignored the ruling and similar calls from the international community. Alioune Tine, founder of Afrikajom Center, argues that trying Bazoum offers no political gain and urges for his release and a return to constitutional governance to address Niger’s security challenges and promote unity and African integration amidst global power struggles.
Thailand: Former Thai Prime Minister Thaksin Shinawatra Released on Bail Pending Trial for Monarchy Insult
On 18 June 2024, the Thai Constitutional Court granted bail to former Prime Minister Thaksin Shinawatra after he was formally indicted in May 2024 for allegedly insulting the monarchy in a 2015 interview with a foreign media outlet. Thaksin, closely tied to the ruling Pheu Thai Party, was released on a 500,000 baht ($13,580) bail bond and is banned from leaving the country. The next hearing is scheduled for 19 August next. Thaksin’s indictment under the lese-majeste law marked the beginning of several politically charged cases. The rivalry between Thailand’s conservative establishment and progressive parties like Pheu Thai and the Move Forward Party (MFP) continues to shape the political landscape. Additionally, the Constitutional Court has set a hearing date of 3 July 2024 for a case against the MFP, which seeks to amend lese-majeste laws, potentially leading to the party’s dissolution. Prime Minister Srettha Thavisin, also from Pheu Thai, faces charges for hearings on 10 July 2024 regarding controversial appointments.
Bosnia & Herzegovina: Serb Ex-Soldiers’ Sentences for Executing Bosniak Villagers Upheld By Court
On 18 June 2024, the Bosnian State Court upheld the sentences of ten former Bosnian-Serb Army soldiers, who were collectively sentenced to 162 years in prison for the mass execution of 24 Bosniak civilians in June 1992. The appeals chamber upheld the initial November 2023 ruling, which found the soldiers guilty of killing the civilians after forcing them to dig their own graves in the Bosanski Novi area. Ranko Balaban, Ratko Goranja, Nikola Reljic, Mirko Odzic, Ranko and Dragan Baltic each received 18-year sentences. Rajko Karlica, Milenko Brcin, and Milenko Babic were sentenced to 15 years each, while Miroslav Kapetanovic received a nine-year sentence. The first-instance verdict detailed that on 22 June 1992, after a Serb soldier’s funeral, the defendants, part of an armed group, terrorised Bosniak villagers before taking around 90 men to a Muslim cemetery, where the soldiers formed a firing squad and executed them. The defence mainly contested the testimony of three witnesses who had plea agreements, but the appeals chamber found their statements consistent and credible. The chamber noted that the defence selectively evaluated witness statements, whereas the first-instance chamber considered them as a whole. The second-instance verdict is final and cannot be appealed.
ICJ: Court Receives Request for Advisory Opinion in Relation to the Right to Strike
On 18 June 2024, the International Court of Justice (ICJ) announced that 31 written statements have been submitted regarding whether workers have the right to strike under the International Labour Organisation’s (ILO) Freedom of Association and Protection of the Right to Organise Convention (1948) No 87. This announcement follows the ILO Governing Body’s request for an urgent advisory opinion from the ICJ on this issue. The dispute centres on the interpretation of the convention, which does not explicitly mention the right to strike. This ambiguity has led to a longstanding debate. In 2012, the controversy prevented the ILO Committee of Experts from fulfilling its supervisory role due to employer groups questioning its interpretation. Employer groups argue that the convention’s drafters intentionally excluded the right to strike, as no provision explicitly enshrines it. Conversely, labour groups interpret the convention’s Preamble, which references just labour conditions and the principle of freedom of association, as supporting the right to strike. Acknowledging the persistent disagreement, the ILO has sought the ICJ’s advisory opinion, marking only the second such request in the ILO’s history and the first involving the ICJ. The ICJ has set a deadline of 16 September 2024, for states and organisations to submit comments on the submitted statements.
https://www.icj-cij.org/sites/default/files/case-related/191/191-20240618-pre-01-00-en.pdf
ECtHR: Court Holds that Russian Law on Undesirable Organisation Designation Breached the Convention
On 18 June 2024, it was reported that the European Court of Human Rights (ECtHR) ruled unanimously that Russia violated the European Convention on Human Rights (ECHR) in the case of Andrey Rylkov Foundation and Others v. Russia. This case involved the Russian Government designating four organisations as “undesirable” and prosecuting individuals for their activities with similarly designated organisations. The Court found violations of Article 11 (freedom of assembly and association) in respect of four organisations and violations of both Article 10 (freedom of expression) and Article 11 for all applicants convicted for their involvement with “undesirable organisations.” The Court criticised the legal provisions for lacking clarity on what actions could lead to such a designation or sanctions, thus not meeting the “quality of law” requirement.
https://hudoc.echr.coe.int/fre-press?i=003-7975835-11123852
Sweden: Court Exonerates Former Syrian General of War Crimes Due to Insufficient Evidence
On 20 June 2024, the District Court in Stockholm acquitted former Syrian general Mohammed Hamo, aged 65, of war crimes charges linked to his alleged involvement during the Syrian civil war in 2012. Hamo, who resides in Sweden and previously held a high-ranking position in the Syrian military, faced accusations of “aiding and abetting” war crimes during his tenure as the head of the Ordnance Department of the Syrian Army’s 11th Division. The court’s verdict was delivered after a thorough examination of the evidence presented by the prosecution, which sought to link Hamo’s division to “indiscriminate attacks” in the regions near the towns of Homs and Hama. Despite acknowledging that such attacks occurred, the court concluded that there was insufficient evidence to prove Hamo’s direct involvement or that his actions facilitated the military assaults. This ruling marks a significant moment as it addresses the involvement of Syrian military officials in war crimes, a subject that has not been previously adjudicated in European courts. The case has drawn considerable attention, highlighting the ongoing impact of the Syrian conflict, which began in 2011 after the suppression of pro-democracy protests and has since resulted in over half a million deaths and widespread destruction. Legal experts and human rights observers have noted the case’s implications for international war crimes law, particularly regarding the accountability of military officials for actions conducted under their command. While the acquittal may be disappointing for the victims seeking justice, the acknowledgment by a court that war crimes were committed by the Syrian army during the specified period is seen as an important step toward recognising the severity of the actions during the conflict. This case adds to the growing body of international legal proceedings aimed at addressing war crimes, with various nations pursuing similar charges against other high-ranking Syrian officials.
UK: Supreme Court Allows Chowdhury Mueen-Uddin to Revive Libel Action
On 20 June 2024, it was reported that the Supreme Court permitted Chowdhury Mueen-Uddin, a Bangladeshi war crimes convict living in London, to revive his libel action against the UK Home Secretary. The Supreme Court reversed the lower courts’ decision to strike out the claim as an abuse of process, allowing Mueen-Uddin to pursue his claim at trial. Lord Reed, President of the Supreme Court, emphasised the gravity of the war crimes allegations made by the government against a citizen. Mueen-Uddin’s libel claim relates to a 2019 Home Office publication alleging his involvement in war crimes during the 1971 Bangladesh war of independence. He has lived in the UK since 1973 and became a citizen in 1984. In 2013, the International Crimes Tribunal of Bangladesh found Mueen-Uddin guilty in absentia of war crimes, but he has not been deported due to the lack of an extradition agreement in place between the two countries. He maintains his innocence and fled to the UK after the Liberation War. Following the Supreme Court judgment this week, Mueen-Uddin expressed relief at being allowed to vindicate his reputation, as he alleges that the Home Office report implicated him in war crimes, but after his complaint, only the offending words were removed without further redress. He then sued for libel, which the Home Secretary attempted to strike out. The Supreme Court’s ruling highlights the importance of protecting reputations against serious accusations and ensuring thorough legal processes.
https://bdnews24.com/bangladesh/894002c0ebb1
ICC: Court Unseals Arrest Warrant Against Iyad Ag Ghaly for War Crimes and Crimes Against Humanity in Mali
On 21 June 2024, the International Criminal Court (ICC) publicly issued an arrest warrant for Iyad Ag Ghaly, who is accused of committing war crimes and crimes against humanity in northern Mali from January 2012 to January 2013. The initial warrant was sealed on July 18, 2017. Ghaly, not yet in ICC custody, is the leader of the militant group Ansar Eddine, allied with Al Qaeda in the Islamic Maghreb (AQIM) and controlled Timbuktu during the specified period. Ghaly faces war crimes accusations including the murder of soldiers hors de combat, rape, sexual slavery, other forms of sexual violence, cruel treatment, torture, attacking religious and historic buildings. He is also accused of crimes against humanity which include imprisonment, rape, sexual slavery, torture, inhumane acts, persecution based on religion and gender. All of these crimes were allegedly committed in Timbuktu and Aguelhoc, with Ghaly either directly involved, ordering, aiding, or commanding their execution. The ICC’s Pre-Trial Chamber I has instructed the Court’s Registrar to seek cooperation from relevant authorities for Ghaly’s arrest and surrender.
https://www.icc-cpi.int/news/situation-mali-icc-unseals-arrest-warrant-against-iyad-ag-ghaly
International Peace & Security Section
ICC: 93 Member States Issue Joint Statement Declaring Court Must Be Allowed To Work ‘Without Intimidation”
On 17 June 2024, it was reported that a group of 93 states declared that the International Criminal Court (ICC) must be allowed to carry out its work “without intimidation,” in a significant public intervention to support the judicial body. In a joint statement issued late on 16 June 2024, the ICC member states vowed to defend the institution and “preserve its integrity from any political interference and pressure against the court, its officials, and those cooperating with it.” This statement follows revelations about Israel’s attempts to undermine the court and warnings from ICC chief prosecutor Karim A.A. Khan about threats and hostile intelligence activities. Last month, Khan sought arrest warrants for senior Hamas and Israeli officials, including Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, for alleged war crimes in Gaza. This unprecedented move provoked strong responses from Israel and its allies. The statement, drafted by Belgium, Chile, Jordan, Senegal, and Slovenia, was endorsed by major western powers and other ICC members, totaling 93 out of 124. “This is a unique moment of international solidarity,” said Danya Chaikel of the International Federation for Human Rights, highlighting the collective opposition to threats from powerful countries like Israel, the US, and Russia.
Ecuador: Six Killed in Landslide
On 17 June 2024, it was reported that a landslide in Ecuador had killed at least six people, with 19 others injured. The landslide occurred on 16 June 2024 in Banos de Agua Santa in central Ecuador. The National Secretariat for Risk Management had initially reported 30 more people were missing, but later confirmed they had been located. The mayor of Banos, Miguel Guevara, has advised residents to avoid dangerous roads and stated authorities were working to clear the area. A state of emergency has been declared in Banos and residents have been urged to stock up on bottled water as officials warn the supply of tap water could be affected by severe rains. Rainstorms have swept across Central and South America over the past few days, causing many countries to issue warnings due to the risk of landslides and flooding. In El Salvador, two children died earlier this week as a result of a landslide. A red alert has been declared across the country for heavy rains.
https://www.aljazeera.com/news/2024/6/17/six-killed-in-ecuador-as-heavy-rains-trigger-landslide
Italy: 11 Dead and 64 Missing in Two Shipwrecks in the Mediterranean Sea
On 17 June 2024, it was reported by United Nations (UN) agencies and the Italian coast guard that 11 people had died and 64 others were missing following two shipwrecks off southern Italian. The German aid group, RESQSHIP, operating the Nadir rescue ship, stated it rescued 51 people from a capsized boat, including two who were unconscious. They also located 10 bodies trapped in the boat. RESQSHIP said the survivors were taken ashore by the Italian coast guard on Monday morning, while the Nadir headed for the Island of Lampedusa, towing the boat with the bodies of the deceased. The UN High Commissioner for Refugees (UNHCR), the International Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) issued a joint statement outlining that the refugees and migrants on the boat had come from Syria, Egypt, Pakistan and Bangladesh. The second shipwreck occurred about 200 km (125 miles) east of the Calabria region of Italy. The boat left Türkiye eight days earlier and caught fire, causing it to overturn. UN agencies have said 64 people are missing, while 11 people were rescued by the Italian coast guard. The body of one woman was also recovered. The coast guard is continuing to look for the missing people with the help of EU border agency Frontex. The refugees and migrants on the boat came from Iran, Syria and Iraq. The UN has called for EU governments to step up search-and-rescue efforts in the Mediterranean, while expanding safe migration routes, so migrants are not forced to risk their lives at sea.
Russia: Putin Pledges “Full Support” for North Korea During State Visit
On 19 June 2024, Russian President Vladimir Putin paid his first visit to Pyongyang, North Korea in 24 years. Putin met with North Korean leader Kim Jong Un, and signed a mutual defence agreement which includes a promise of “mutual assistance” if either side was attacked. There has been an increasing concern regarding the support of North Korea’s technological expertise to the invasion of Ukraine. The two countries asserted that they are fighting the “hegemonic and imperialist policy” of the United States and its allies. Moreover, they are committed to strengthening military ties with one another. Putin mentioned that this would bring the two nations to another level and the cooperation aims to serve as a deterrent to the West. It is probable that Pyongyang becomes one of the recipients of the Russian arms, Putin commented.
https://www.aljazeera.com/news/2024/6/20/putin-says-russia-may-send-weapons-to-north-korea
UN: Report Reveals Israel Deploying Indiscriminate Attacks on Gaza and Violating Laws of War
On 19 June 2024, the Office of the High Commissioner for Human Rights (OHCHR) released a report on the disproportionate attack launched by Israeli forces in Gaza. The report details six emblematic attacks involving the suspected use of GBU-31 (2,000 lbs), GBU-32 (1,000 lbs) and GBU-39 (250 lbs) bombs from 9 October to 2 December 2023 on residential buildings, a school, refugee camps and a market. 218 people died during these six attacks whilst the casualties could result in a high number. GBU-31, GBU-32, and GBU-39 bombs were used to penetrate through several floors of concrete which can completely destroy tall buildings. The report claimed that the Israeli Defence Forces (IDF) has breached fundamental principles of the laws of war. This unlawful deployment of lethal arms and weapons against civilians are in line with a state or organisational policy, which can be considered as crimes against humanity. OHCHR stated that the IDF has been extensively using explosive weapons in densely populated areas, and failed to distinguish between civilians and fighters which is violating international humanitarian law.
Syria: Damascus University Student Union ‘Responsible for War Crimes,’ Investigation Finds
On 19 June 2024, it was reported that a year-long investigation by the Syrian British Consortium (SBC) found that the National Union of Syrian Students (NUSS), aligned with President Bashar al-Assad’s regime, committed war crimes at Damascus University from 2011 to 2013. Interviews with witnesses, former students, professors, and NUSS members revealed the union acted as the regime’s enforcers on campus, detaining and torturing students. The report highlights brutal responses to non-violent protests, including attacks and detentions without formal charges. The investigation will be submitted to international and national war crimes offices for judicial proceedings. It accuses Omar Aroub, a senior NUSS leader, of participating in the crackdown. A former student, Noor Aftar, condemned Aroub’s participation in the Paris 2024 Olympics and called for his ban. The Syrian Network for Human Rights documented over 35,000 student detentions in Syria between 2011 and 2013, illustrating the widespread targeting of activists.
https://www.newarab.com/news/damascus-university-student-union-committed-war-crimes-report
Niger: Niger Annuls French Nuclear Group’s Licence at Imouraren Uranium Mine
On 20 June 2024, Niger removed the licence granted to French nuclear fuel producer Orano at a major uranium mine in an attempt to extricate it from French colonial control. According to State-owned Orano, the Imouraren mine has an estimated 200,000 tonnes of metal, used for nuclear power and weapons. The Nigerien Ministry of Mining had warned that Orano’s licence would be terminated if there is no progress with the mine by 19 June 2024. Orano claimed the continuation of the project and that it was in line with the wishes of the government, which staged a coup in July 2023. Orano has been stationed in Niger since 1971 and the country is responsible for a quarter of the natural uranium supplied to Europe. The group is trying to negotiate with the Nigerien government and its officials regarding the matter while reserving the right to contest the decision to withdraw the mining licence in the national or international courts. The landlocked country border with Benin (its main sea access point), is closed, hindering exports of its minerals.
Spain: 68 Migrants Rescued Heading for Canaries with Six Confirmed Dead
On 20 June 2024, it was reported that 68 migrants attempting to reach the Spanish Canary Islands in a fishing boat had been rescued by a luxury cruise ship. The boat had gotten into difficulty in rough seas. Six people died in the incident. In recent years, the archipelago has become the main entry point to Spain for migrants from Africia. Migration rights group Walking Borders said that nearly 5,000 migrants have died on that route during the first five months of 2024. The Spanish coast guard said in a statement that the migrant boat was first spotted on Wednesday south of Tenerife by bulk carrier Philipp Oldendorff, with its crew providing the first assistance to the migrants. The Insignia cruise ship was diverted to the area to pick up the survivors. The Insignia also recovered three bodies from the boat. The recovery of two further bodies was prevented due to bad weather, but a locating device was left to facilitate the search. The small luxury cruise ship was commencing a 180-day trip around the world that started in January with 670 passengers. A spokesperson for Insignia, owned by Oceania Cruises, confirmed that Insignia rescued 68 people from a boat in difficulty between Cape Verde and Tenerife, and provided them with medical assistance and a safe place to rest.
EU: Council Agrees New Package of Sanctions Against Russia
On 20 June 2024, the European Union (EU) agreed on a new package of sanctions against Russia, confirmed by the Presidency of the Council of the EU. This is the fourteenth package issued since Russia’s invasion of Ukraine in 2022. European Commission President Ursula von der Leyen stated the sanctions aim to “further deny Russia access to key technologies […] and tackle Putin’s shadow fleet and shadow banking network abroad.” The package also targets Russian energy revenues, a contentious issue as Europe still heavily relies on Russia’s liquified natural gas (LNG). While the sanctions stop short of banning LNG imports entirely, they do prohibit re-exporting LNG to other countries. The objective is to weaken Russia’s economic base and limit its war capabilities. The Presidency of the Council of the EU emphasised that “this package provides new targeted measures and maximises the impact of existing sanctions by closing loopholes.” The agreement came just days after a peace summit on Ukraine concluded on 16 June 2024, where 92 countries and EU leaders discussed the conflict and global cooperation for peace. The EU’s support for Ukraine is further demonstrated by the recent extension of the road transport Agreement with Ukraine, facilitating transit and helping Ukraine access European and international markets.
https://www.jurist.org/news/2024/06/eu-confirms-new-package-of-sanctions-against-russia/
Türkiye: At Least 11 Killed in Wildfires
On 21 June 2024, in Kurdish south-eastern Türkiye, at least 11 people died in wildfires. Between the cities of Diyarbakir and Mardin, there were seventy-eight people who were injured with at least five admitted to intensive care. The fire was caused by the burning of crop stubble in an area 18 miles south of Diyarbakir and it moved quickly through the villages of Koksalan, Yazcicegi and Bagacik. The pro-Kurdish Peoples’ Equality and Democracy Party (DEM) criticised the government’s response for being late and insufficient.
https://www.aljazeera.com/news/2024/6/21/at-least-five-killed-in-southeast-turkey-wildfires