Weekly News Recap (4 – 10 May 2026) © Photo by EU Civil Protection and Humanitarian Aid via Flickr International Justice Section Iraq: Court Sentences Four People for Promoting Banned...
Weekly News Recap (23 - 29 September 2024)
© Photo by United Nations Photo via Flickr
Israel: Submits Legal Briefs to the International Criminal Court
- India: Supreme Court Rules Possession of Child Exploitation Material a Criminal Offence
ECtHR: The Court Accepts Referral in Case Concerning Dispersal of a Protest
- ICJ: Group of States Set to Initiate Proceedings against Taliban
ICC: Closing Statements in the Ali Kushayb Case Set for December
IACtHR: Court Rules Against Chile in Case Concerning Executive and Forced Disappearances
International Justice Section
Israel: Submits Legal Briefs to the International Criminal Court
Published on 26 September 2024, Israel filed two separate legal briefs in front of the International Criminal Court (ICC), last friday, September 20th, a few days before Netanyahu was scheduled to address the UN General Assembly in New York. Israel is not a State Party to the Rome Statute. However, as Palestine joined the ICC in 2015, the Office of the Prosecutor had the authority to launch a formal investigation into the Situation of Palestine, which includes the conduct of Israeli citizens on the territory of Palestine. This led to the application of arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallent, as well as the Hamas officials, Yahya Sinwar and Mohammed Deif (the application against Ismail Haniyeh was withdrawn after his death). These legal briefs contest the ongoing proceedings against high-level Israeli politicians and mark the first time that Israel has formally interacted with the ICC. The contents of these briefs are not made public and the ICC has yet to comment.
India: Supreme Court Rules Possession of Child Exploitation Material a Criminal Offence
On 23 September 2024, the Supreme Court of India passed a landmark judgement that interpreted the 2012 Protection of Children from Sexual Offences Act (POCSO) and 2000 Information Technology Act (ITA). This case was brought in front of the Supreme Court by the NGO, Just Right for Children Alliance, which appealed a previous High Court decision that the possession of child sexual abuse material without intention to distribute was not a violation of POCSO, and was therefore not a criminal act. The Supreme Court clarified that individuals may be criminally liable for viewing, downloading, storing, or distributing child sexual abuse material. Specifically, the Court elaborated that recording and distributing such material perpetuates a cycle of victimisation and psychological trauma for the victims. The Court also found that the High Court erred in not considering key provisions in the ITA, which penalises the online viewing, possession, and distribution of ‘obscene materials’. Finally, the Court also urged the Parliament to amend POCSO and replace the term ‘child pornography’ with ‘child sexual exploitation and abuse material’ to reflect the crime’s severity.
ECtHR: The Court Accepts Referral in Case Concerning Dispersal of a Protest
On 24 September 2024, the Court accepted a referral to the Grand Chamber in the case of Tsaava and Others v. Georgia. The case concerns the dispersal of a protest in 2019, in front of the Parliament building in Tbilisi. The applicants were either participants in the demonstration or journalists reporting on the event, who are alleging that excessive force was used by the authorities which resulted in several injuries. The application concerns 26 Georgian nations, who were involved in a protest that was ignited by a “prominent member of the Russian Duma’s sitting in the Speaker’s chair in the Georgian Parliament and delivering a speech in Russia as part of a session of the Interparliamentary Assembly on Orthodoxy.” The application was lodged between February 2020 and August 2021. On 7 May 2024, the Court had found, unanimously, a violation of the procedural aspect of Article 3 but refrained from making a decision regarding the admissibility and merits of the complaint under several Articles including Article 10 & Article 11.
Grand Chamber Panel’s Decisions – September 2024 (coe.int)
ICJ: Group of States Set to Initiate Proceedings against Taliban
On 25 September 2024, the delegations of Australia, Canada, Germany, and the Netherlands announced that they would be starting proceedings against the Taliban in front of the International Court of Justice (ICJ). This was done at a UN General Assembly side event titled, ‘The Inclusion of Women in the Future of Afghanistan’. The delegations stated that they plan to eradicate the alleged gender-based discrimination and apartheid in Afghanistan, first through diplomatic talks with the Taliban and, if those efforts fail, seek justice from the ICJ. The legal basis for such proceedings would likely be rooted in the 1981 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Taliban’s increasingly repressive legislation has sparked protests within Afghanistan. In August 2024, new regulations mandated full-body coverage for women in public spaces and a ban against singing or raising their voices publicly. Although ICJ proceedings are not set in stone, Human Rights Watch’s Fereshta Abassi states that this step “may mark the beginning of a path to justice at the World Court for the Taliban’s egregious human rights violations against Afghan women and girls.”
ICC: Closing Statements in the Ali Kushayb Case Set for December
On 25 September 2024, the International Criminal Court (ICC) set the date for closing statements in the Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’) case. Mr Abd-Al-Rahman, is accused of 31 counts of war crimes and crimes against humanity committed in Darfur, Sudan between August 2003 and April 2004. The trial commenced, in the Hague, on 5 April 2022. Since then, 56 witnesses have appeared during the proceedings.
IACtHR: Court Rules Against Chile in Case Concerning Executive and Forced Disappearances
On 26 September 2024, in the case of Vega Gonzales et al. vs. Chile, the court ordered the Chilean Supreme Court’s application of the “gradual prescription” mechanism, to review and/ or annual the sentences handed down. The ruling referred to 14 criminal proceedings concerning executions and forced disappearances, and crimes against humanity perpetrated during the Chilean dictatorship. This ruling means that sentences for those responsible for those crimes must be increased and consequently, they must be detained. Under the previous application of ‘gradual prescription’ the Chilean courts adhered to a non-conventional application of ‘half statute of limitations’. This decision demonstrates the Court’s recognition of the ‘suffering of the victims in facing the impunity of members of the Pinochet regime who, after being convicted of crimes against humanity, received disproportionately light sentences.’
International Peace & Security Section
Sudan: Assault on El Fasher in Darfur
On 21 September, alarming reports of a full-scale assault on El Fasher by the Rapid Support Forces (RSF) in Sudan were published. UN Secretary General, Antonio Guterres stated that “it is unconscionable that the warring parties have repeatedly ignored calls for a cessation of hostilities.” Guterres further stated that further escalation will threaten to spread the conflict along intercommunal lines throughout Darfur. The war in Sudan has displaced millions and left parts of the country plagued by famine and critical shortages of lifesaving aids. The parties to the conflict have clear obligations under international humanitarian law to protect civilians, and attacks must not be directed against them or civilian infrastructure.
Lebanon: At Least 558 People Killed in Israeli Airstrikes
On 24 September 2024, the Lebanese Health Minister, Firas Abiad, stated Israeli airstrikes in Lebanon had resulted in at least 558 deaths, including 50 children and 95 women, with at least 1,835 people injured. The Minister stated the majority of victims are “defenceless civilians in their homes.” The Israeli attacks have resulted in thousands of people in Southern Lebanon to flee their homes. The Israeli army claims to have hit over 1,100 Hezbollah targets in Lebanon. Over the last several months, Hezbollah and Israel have been engaged in cross-border exchanges of fire that have intensified in recent weeks. The international community has warned against the strikes on Lebanon, with fear now growing the war in Gaza could extend to a wider conflict in the Middle East.
Mali, Niger and Burkina Faso: Satellite Deals with Russia
On 24 September 2024, Mali, Niger, and Burkina Faso announced a telecommunications and satellite deal with Russia. The three West Africa countries, run by military juntas, have turned to Russia for military support to tackle Islamist insurgencies. Russia denies claims that Russian mercenaries have committed executions in Mali and refutes claims of spreading propaganda and misinformation in the Sahel region. Mali’s Finance Minister, Alousséni Sanou, stated the satellites will bolster national security in all three countries, as well as improving border surveillance. The Sahel region south of the Sahara Desert borders the three countries and has become a hotspot for Islamist insurgents. Last year, Mali, Niger and Burkina Faso formed the Alliance of Sahel States aimed at improving military cooperation. The three countries have welcomed the satellite technology and claimed it is essential for their security strategy. It will also facilitate the broadcast of television and radio signals, as well as providing internet and telephone services in underdeveloped areas within the region. Russia has been attempting to increase its presence in Africa, particularly in the Sahel region after relations between these countries and Western Allies deteriorated. Despite Russia’s growing influence in Africa and the use of Russian weapons and mercenaries, the region remains unstable.
Thailand: Thai King Maha Vajiralongkorn Recognises Same-Sex Marriage
On 25 September 2024, it was published that Thai King Maha Vajiralongkorn had endorsed on Tuesday, the Marriage Equality Bill, recognizing same-sex marriage. The bill revises numerous provisions of the Civil and Commercial Code, which include the use of gender-neutral language, adoption rights for same-sex couples, as well as inheritance and healthcare consent rights. The law was previously passed by the Senate of Thailand in June, and will now go into force within 120 days of the royal assent’s publication. Polls conducted of the general public demonstrated an overwhelming support for the law, with 99 per cent of participants in favour of the law. The passing of the Marriage Equality Bill, makes Thailand the first Southeast Asian country to implement marriage equality legislation; and the third in Asia, following Nepal and Taiwan.
UK: 700 Troops to Be Sent to Cyrus to Assist in Possible Evacuation of Lebanon
On 25 September 2024, it was reported the UK is moving 700 soldiers to Cyprus who will be in position to assist evacuating nationals trapped in Lebanon. UK Prime Minister, Keir Starmer, has called for all parties involved in the conflict to de-escalate the violence and expressed the need for a ceasefire. UK citizens in Lebanon are being told to evacuate following a wave of Israeli airstrikes against the Hezbollah militant group based in Lebanon. Fears are growing that the war in Gaza could now spread to a wider conflict in the Middle East. The UK government stated the troops in Cyprus would bolster its presence in the area. Israel’s airstrikes in Lebanon have killed at least 569 people, with more than 1,835 injured. It is estimated half a million people have fled their homes, with thousands displaced now seeking shelter in schools and other buildings.
https://www.reuters.com/world/britain-urges-nationals-leave-lebanon-2024-09-24/
Pakistan: Deal to Sell Fighter Jets to Azerbaijan
On 26 September 2024, Pakistan signed a deal to sell JF-17 Block III fighter jets to Azerbaijan. The jets are co-constructed by the Pakistan Aeronautical Complex and China. Pakistan has established close relations with China, while the relationship with the US, a traditional military ally, has declined in recent years. The Pakistan military stated jets are capable of performing a wide range of combat missions providing “contemporary airpower employment options.” The military added the sale is part of a plan to enhance defence cooperation with friendly countries and to increase Azerbaijan’s air defence powers. Pakistan is a close ally of Turkey, who backed Azerbaijan in its clashes with Armenia last year. In July, Azerbaijan President, Ilham Aliyev, travelled to Pakistan for a state visit where the two countries agreed to improve cooperation on various matters, including defence.
EU: Hungary and the Netherlands Apply to Opt Out of EU Asylum Regulations
On 26 September, Hungary and the Netherlands announced that they have issued requests to opt out of European Union (EU) asylum regulations in favour of national policies. Both Member States made the announcement on X within hours of each other, with posts from Marjolein Faber, Dutch Minister of Asylum and Migration, and Janos Boka, Hungarian Minister for European Affairs. Boka also stressed Hungary’s continued commitment to the Schengen Area despite this opt out request. Both countries are opting out of the so-called New Pact framework that was introduced by the European Commission in 2015. It entailed a shared distribution of responsibilities for migration challenges, specifically (re-)locating asylum seekers, assisting with returns, and other operational support. The Dublin Regulation also assigns Member States to specific asylum seeker requests to ensure expeditious procedures. The governments in Hungary and the Netherlands have both critised this framework. In last week’s WNR, we reported that the European Court of Justice ruled on a 200 million EUR deduction from Hungary’s EU funds for its violations against EU asylum laws.
Lebanon: UN Leaders Warn against “All-out” War Between Hezbollah and Israel
On 26 September, UN Humanitarian warned thousands of people fleeing Israeli shelling, leading to a new humanitarian crisis at Lebanon’s border with Syria. US President, Joe Biden, told the world leaders at the UN General Assembly (UNGA) on Wednesday that an “all-out” war was possible between Hezbollah and Israel. Head of UN Peacekeeping, Jean-Pierre Lacroix stated that both the Lebanese and Israeli populations are “in extreme danger, with hundreds dead and thousands injured in recent days alone. Regional security and stability is at risk”. Thousands of Lebanese and Syrian families, women, children and men are crossing into Syria, with no clear end to the conflict in sight. Israel has since rejected a proposed 21-day ceasefire by the US, European allies including France and several Arab nations.
NATO: A New Land Command in Finland
On 27 September 2024, NATO announced it will set up a new land command next year in eastern Finland near the Russian border. The Finnish Defence Minister, Antti Hakkanen, stated that if a military conflict arises, the base will be responsible for leading NATO’s land force operations in northern Europe. Finland became a NATO member in 2023 following the Russian invasion of Ukraine. The military base called ‘Multi Corps Land Component Command’, will operate under the alliance’s US-based Norfolk Joint Force Command and work in conjunction with Finland’s Army Headquarters in Mikkeli. To begin with, the base will have an annual budget of €8.5 million. Earlier this month, Sweden said it would coordinate visits of foreign NATO troops and international military drills in neighbouring Finland. Sweden joined NATO in 2024. The commander of the Finnish army said the new base will initially manage the planning of land force operations in the Nordic region, but the full geographic scope of the base is yet to be determined.
https://www.reuters.com/world/europe/nato-set-up-northern-land-command-eastern-finland-2024-09-27/
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