Platform for Peace and Humanity

Weekly News Recap (7 - 13 October 2024)

© Photo by Cluster Munition Coalition via Flickr

International Justice Section

International Peace & Security Section

International Justice Section

Australia: Floodplain Restoration Project Initiates Legal Proceedings Over Alleged Harm to the Ecosystem and Aboriginal Heritage Sites 

 

On 7 October 2024, the Friends of Nyah Vinifera Park (a community landcare group) filed legal proceedings against an environmental project in Murray-Darling Basin, Australia, called the Victorian Murray Floodplain Restoration Projects (VMFRP). The Friends of Nyah Vinifera Park allege that the project’s proposal of artificially flooding the basin will negatively harm the environment, local ecosystems, and Aboriginal heritage sites surrounding the basin. They further argue that Victoria’s state government approved of the project without adequately considering less invasive alternatives. The water management strategy surrounding the Murray-Darling Basin has been subject to much controversy. Previously, critics of the VMFRP stated that the restoration projects would reduce the water flowing into the river system and over-allocates water consumption to the users. These proceedings further highlight how First Nations groups view the project as a form of discrimination, as the VMFRP does not adequately consider the water rights and cultural views of the Aboriginal communities. 

 

https://www.jurist.org/news/2024/10/proceedings-filed-against-environmental-water-project-in-the-murray-darling-basin-australia/ 

 

https://envirojustice.org.au/murray-floodplains-case/ 

 

Russia: Court Sentences US Citizen to Nearly 7 Years for Fighting for Ukraine

 

On 7 October 2024, Moscow City Court sentenced US citizen Stephen Hubbard to six years and 10 months in prison for allegedly fighting as a mercenary for Ukraine’s Armed Forces (AFU) against Russia. Hubbard was convicted under Russian laws related to mercenary activity. The trial, held behind closed doors, concluded with prosecutors seeking a seven-year sentence. Hubbard’s sister, Patricia Hubbard Fox, expressed doubts about the case, questioning her brother’s ability to engage in combat due to his age and disputing his reported confession. US State Department spokesperson Matthew Miller confirmed that the US has been denied consular access to Hubbard. He also highlighted that Hubbard, who is 72, was arrested in Ukraine, not Russia. The case adds to the ongoing tensions between the US and Russia, particularly following a high-profile prisoner swap in August 2024 involving several Americans, including journalist Evan Gershkovich. It remains unclear if Hubbard will appeal the decision, though the US continues to push for consular access.

 

https://apnews.com/article/russia-american-ukraine-sentence-mercenary-84b846f4045320c58cdbe5c8d849662b

ECtHR: Cyprus Violates EU Law Over Syrian Asylum Seekers’ Deportation to Lebanon

 

On 8 October 2024, the European Court of Human rights delivered its judgement on the case of M.A. and Z.R. v. Cyprus. The applicants, M.A. and Z.R., are Syrian nationals who were intercepted by Cyprus authorities at sea. They claimed that they were asylum seekers and aimed to seek asylum in Cyprus. However, the government authorities treated their application as economic migrants, without processing their asylum claims as required under EU Refugee Law, and sent them to Lebanon. The applicants had already lived in Lebanon for four years prior to their seeking asylum in Cyprus, and had fled Syria originally due to the civil war that destroyed their homes. The Court found that, in deporting the applicants to Lebanon, Cyprus violated Article 3, the prohibition of inhuman or degrading treatment, Article 4 of Protocol No. 4, the prohibition of collective expulsion of aliens, and Article 13, the right to an effective remedy. Additionally, the way that the applicants were treated by Cypriot authorities constituted another Article 3 violation due to their failure to assess the situation of the applicants upon their return in Lebanon and disregarded the principle of non-refoulement.

 

https://www.echr.coe.int/w/judgment-concerning-cyprus-1

US: Federal Judge Approves Release of Redacted Evidence Against Trump in 2020 Election Interference Case

 

On 8 October 2024, US District Court Judge Tanya Chutkan approved the release of redacted evidence in the federal election interference case against former President Donald Trump. This ruling, just weeks before the 2024 presidential election where Trump is the Republican candidate, follows a Supreme Court decision granting broad immunity for presidential acts. Trump is accused of conspiring to overturn the 2020 election results. The case, first filed in August 2023, has faced delays, including a Supreme Court ruling in US v. Trump that protected some of his actions under presidential immunity. However, Special Counsel Jack Smith argued that certain allegations involve “private criminal conduct,” which is not covered by immunity. Chutkan approved the release of part of the evidence but reserved judgment on other materials. Trump has one week to appeal.

 

https://www.nbcnews.com/politics/donald-trump/trump-argues-special-counsels-evidence-federal-election-case-shouldnt-rcna174948

Brazil: Operational Ban on X Lifted By Supreme Court Amidst Freedom of Expression Non-Compliance

 

On 9 October 2024, X (formerly Twitter) resumed operations in Brazil after the country’s Supreme Court, led by Justice Alexandre de Moraes, lifted a ban imposed on August 30. The ban was due to X’s failure to comply with court orders, particularly the payment of fines. Justice Moraes cited the company’s non-compliance with domestic laws on freedom of expression and concerns over hate speech, anti-democratic messages, and disinformation allegedly shared on the platform during former President Bolsonaro’s administration. These activities violated Brazil’s Constitution and its Civil Rights Framework for the Internet, which holds internet providers accountable for third-party content. The court ordered X to block certain accounts spreading anti-democratic views and to appoint a legal representative in Brazil. X failed to comply initially, leading to fines, which it eventually paid, though to the wrong account, delaying the ban’s lifting. After resolving these issues, X’s Global Government Affairs team expressed their satisfaction with returning to Brazil and reaffirmed their commitment to upholding freedom of speech within legal limits.

 

https://www.jurist.org/news/2024/10/brazil-supreme-court-lifts-ban-on-x/

ICJ: Bolivia Files Intervention in South Africa’s Genocide Case Against Israel

 

On 9 October 2024, Bolivia formally filed a Declaration of Intervention at the International Court of Justice (ICJ) in the case of South Africa v. Israel, concerning the cased entitled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. Bolivia’s intervention, grounded in Article 63 of the ICJ Statute, is focused on interpreting several critical provisions of the Genocide Convention that are at the heart of the case. Article 63 of the ICJ Statute allows states to intervene when the interpretation of a multilateral convention is at issue. Bolivia’s intervention aims to clarify the interpretation of Articles I, II, III, IV, V, VI, and IX of the Genocide Convention, potentially swaying the court’s interpretation in the final ruling. The case was initiated by South Africa on 29 December 2023, alleging that Israel’s actions in Gaza amount to genocide against the Palestinian population. South Africa claims that Israel, through its state apparatus, has perpetrated acts of genocide that have resulted in severe harm and life-threatening conditions for Palestinians in Gaza, in violation of the Genocide Convention’s obligations to prevent and punish such crimes. Bolivia’s intervention adds its voice to a growing number of countries, including Colombia, Mexico, and Nicaragua, that have sought permission to intervene under Article 62 or have filed declarations under Article 63. Palestine, which is central to the case, has invoked both articles. In its Declaration of Intervention, Bolivia emphasised the severe humanitarian crisis in Gaza and Israel’s alleged non-compliance with the ICJ’s earlier provisional orders aimed at protecting civilians. Since October 2023, Bolivia claims that more than 36,000 Palestinians have been killed as a result of Israel’s military actions. The ICJ has invited South Africa and Israel to submit written observations on Bolivia’s intervention, as per Article 83 of the Rules of Court.

 

https://www.icj-cij.org/sites/default/files/case-related/192/192-20241009-pre-01-00-en.pdf

 

https://aje.io/sybw3c

ECtHR: Spanish Violation of its Duty to Prevent Human Trafficking Abuses

 

On 10 October 2024, the European Court of Human Rights (ECtHR) ruled that Spanish authorities failed to fulfil their positive obligations under Article 4 of the Convention, in their failure to adequately investigate allegations of human trafficking made by a Nigerian woman. Article 4 prohibits slavery and forced labour. The applicant, T.V., submitted a criminal complaint to the Spanish police in 2011 after she escaped from her alleged traffickers. The Court found that her allegations of being trafficked and forced to perform sexual acts in a club from 2003 to 2007 were not treated with due diligence. Additionally, the Court emphasised that there was “a blatant disregard” for the duty to address allegations of human trafficking despite its seriousness and the significant harm it inflicts upon its victims. This judgment may be appealed to the Grand Chamber within the next three months. 


https://www.jurist.org/news/2024/10/ecthr-finds-spain-authorities-failed-to-investigate-human-trafficking-allegation/

Canada: Supreme Court Reserves Decision in Prison Disciplinary Procedures Constitutional Case 

 

On 10 October 2024, the Supreme Court of Canada reserved its decision in a case challenging the constitutionality of Saskatchewan’s prison disciplinary procedures, particularly the lower standard of proof used in determining inmate guilt for disciplinary offences. The John Howard Society of Saskatchewan (JHSS) argued that the “balance of probabilities” standard, which is less strict than the “beyond a reasonable doubt” standard used in criminal trials, violates inmates’ rights under Section 7 of the Canadian Charter of Rights and Freedoms. This section guarantees the right to life, liberty, and security of the person. The Saskatchewan Ministry of Corrections countered that the presumption of innocence only applies in criminal trials, not in administrative disciplinary hearings. With around 6,200 disciplinary charges laid in 2019, the case’s outcome could significantly impact Saskatchewan’s correctional system and other provinces using similar standards. During the hearing, Justice Malcom Rowe raised concerns about the broader implications of ruling in favour of JHSS, which could extend beyond prisons to other disciplinary contexts, such as schools. The British Columbia Civil Liberties Association (BCCLA) also intervened, seeking clarification on how Section 7 should align with other legal protections in the Charter, including rights against unreasonable searches and the right to a fair trial. The case underscores the ongoing tension between maintaining order in prisons and safeguarding inmate rights. It comes amid broader concerns about justice system inequalities, including a rise in pre-trial detentions in Nova Scotia and reports of rights violations in British Columbia and Ontario.

 

https://www.jurist.org/news/2024/10/canada-supreme-court-reserves-decision-in-challenge-to-saskatchewan-prison-disciplinary-policy/

International Peace & Security Section

Philippines: Naval Drills Launched with Allies as Tensions with China Rise

 

On 7 October 2024, the Philippines launched joint naval drills off the northern coast near Luzon Island with the US, Australia, Canada, France and Japan amid increasing tensions with China over the disputed South China Sea. The drills, called “Sama Sama,” which mean togetherness, are centred on anti-submarine, anti-surface and anti-warfare and consist of nearly one thousand personnel from the six participating countries. US navy rear admiral, Todd Cimicata, stated working with allies created a “deterrent effect,” but also outlined the aim of the joint exercises is not to ruffle feathers, but to improve interoperability. This comes as the Chinese military conducted its own air and naval drills in a disputed area of the South China Sea last week. China claims almost all of the South China Sea, despite Brunei, Malaysia, the Philippines and Vietnam all claiming sections of the busy waterway. Last month, the US participated in joint naval drills with Australia, Japan, the Philippines and New Zealand in Philippines’s exclusive economic zone. Forces from the US’s Marine Rotational Forces – Southeast Asia (MRF-SEA) will partake in at least eight exercises through to next year, which will involve drills with Malaysia, Brunei and Indonesia.

 

https://www.reuters.com/world/asia-pacific/philippines-launches-naval-drills-with-allies-regional-tensions-simmer-2024-10-07/

Netherlands: Defence Minister Confirms €400 Million Investment for Ukraine Drone Development

 

On 7 October 2024, the Dutch Defence Minister, Ruben Brekelmans, stated that the Netherlands will invest €400 million in a drone development programme for Ukraine. Brekelmans said the programme will focus on different types of drones – surveillance, defensive and attack drones. If the programme is successful, more funding will be available to ramp up production. Brekelmans also said the Netherlands would deliver 24 more F-26 fighter jets to Ukraine – the first six jets arrived in August 2024, no specific timeline was provided for the delivery of the remainder. The Netherlands has pledged €10 billion in military support for Ukraine, so far, €4 billion has been spent.

 

https://www.euronews.com/my-europe/2024/10/07/netherlands-pledges-400mln-for-ukraine-drone-plan-says-more-f-16s-will-arrive-soon

UK: MI5 Chief Warns of Severe Terror Threats Facing the UK

 

On 8 October 2024, MI5 director general Ken McCallum in a speech at the Counter Terrorism Operations Centre (CTOC) in London, warned that the UK is facing its most complex and interconnected threat environment ever. He highlighted ongoing terrorist threats and efforts by autocratic states like Russia, Iran, and China to harm UK security. Since 2017, MI5 and police have disrupted 43 late-stage terrorist plots, mostly linked to Islamist extremism (75%) and right-wing extremism (25%), though emerging ideologies blur these labels. McCallum stressed the importance of international partnerships, particularly within the Five Eyes alliance, to combat transnational terrorism. He also warned of growing threats from state actors, and how young people, especially through right-wing extremist propaganda online, are increasingly being radicalised. Thirteen percent of MI5’s investigations involve individuals under 18. The internet plays a significant role in facilitating radicalization and terrorist planning, with McCallum underscoring the need to balance access to encrypted communications for counter-terrorism with privacy protections. He also warned that conflicts in the Middle East, particularly in Israel and Gaza, could incite violence in the UK. McCallum emphasised that while the threat from terrorist groups like Al-Qaeda and ISIS remains high, state-sponsored espionage, cyberattacks, and disinformation campaigns are also significant concerns. He called for continued cooperation between law enforcement, intelligence agencies, and international partners to stay ahead of these evolving threats and reassured that MI5 remains vigilant in protecting the UK.

 

https://www.mi5.gov.uk/director-general-ken-mccallum-gives-latest-threat-update

UNHCR: 250,000 Flee Lebanon to Syria Amidst Attacks from Israel

 

On 8 October 2024, during a visit to Syria, the UN High Commissioner for Refugees (UNHCR), Filippo Grandi, stated 250,000 people have fled Lebanon and crossed into neighbouring Syria due to attacks from Israel. Grandi visited the region to meet officials and people from Lebanon and Syria who had fled. The main road between the Lebanese and Syrian border was destroyed by an airstrike, with people now crossing on foot with whatever belongings they can carry. The UNHCR, the Syrian Red Crescent, and other agencies are at the border working to provide humanitarian assistance to the arrivals. In his visit to Damascus, Grandi launched an emergency appeal for $324 million to assist those fleeing into Syria. Grandi also met with Syrian President Bashar al-Assad to discuss how to support the new arrivals in the country. Before his visit to Syria, Grandi also visited Beirut in Lebanon, which is suffering a displacement crisis following two weeks of heavy Israeli airstrikes.

 

https://www.unhcr.org/news/press-releases/syria-unhcr-s-grandi-calls-greater-support-those-fleeing-escalating-conflict

Russia-Burkina Faso: Government Officials Discuss Expanding Military Cooperation

 

On 9 October 2024, it was reported that the Prime Minister of Burkina Faso, Apollinaire J. Kyelem de Tambela, met with Russia’s Defence Minister, Andrei Belousov, in Moscow to discuss developing military relations between the two countries. Russia has been trying to increase its presence in Africa through a variety of interests including military, diplomatic and economic, with Russia competing against the West for influence in the region. After Vladimir Putin’s presidential election win in March, some media coverage in Africa saw Putin’s win as strengthening the position of Burkina Faso, Mali and Niger. Since 2022, Burkina Faso has been under military leadership after a coup removed the previous president. From then on, contingents of the Wagner mercenary forces have been present in the country. In June, Russia announced it would supply military aid and instructors to Burkina Faso to help improve their defence capabilities and fight terrorism. In recent years, Russian arms exports to sub-Saharan Africa have decreased, but remain the second-largest seller of arms to the region. At the 2023 Russia-African Summit, Putin announced Russia signed “military-technical agreements” with 40 African countries, which could lead to an increase in Russian arms exports to the region.

 

https://www.reuters.com/world/russia-burkina-faso-talk-military-cooperation-2024-10-09/

UN: Amnesty International Presses UNGA to Negotiate Global Convention Addressing Crimes Against Humanity

 

On 9 October 2024, Amnesty International called on the United Nations General Assembly (UNGA) to begin negotiations on a global treaty to prevent and punish crimes against humanity. While crimes like genocide are covered under specific international laws, there is no comprehensive convention addressing crimes against humanity, despite their inclusion in the Rome Statute of the International Criminal Court. Amnesty emphasised the need for a treaty that would obligate states not only to criminalise and punish such crimes but also to prevent them and cooperate with other states for prosecution or extradition. The proposed convention would address gaps in international law, especially regarding gender-related crimes like gender apartheid, forced marriage, and forced abortion, which are currently under-addressed. The treaty could enable states to exercise universal jurisdiction, allowing them to prosecute suspects regardless of where the crimes occurred, although this is controversial due to concerns about national sovereignty. Amnesty has previously advised the International Law Commission on broadening the definition of crimes against humanity and eliminating certain limitations to enhance victim protection and accountability. The UNGA’s legal committee has been considering crimes against humanity since its 75th session, and discussions continue in the current 79th session.

 

https://www.amnesty.org/en/latest/news/2024/10/un-negotiations-crimes-against-humanity-convention/

Pakistan: Political Dissent Crackdown Intensifies Following Detention of Prime Minister Imran Khan

 

On 9 October 2024, Human Rights Watch (HRW) reported that Pakistan has intensified its crackdown on political dissent, urging the government to release peaceful protesters, ensure fair trials, and adhere to international human rights standards. The report highlights the misuse of Pakistan’s Anti-Terrorism Act and sedition laws to target dissenters, including Baloch activists and members of the Pashtun Tahafuz Movement (PTM), falsely labelling them as terrorists. This legal framework, originally meant to combat terrorism, is being used to suppress political opposition. The crackdown violates Pakistan’s constitutional protections for free speech and assembly, as well as its obligations under the International Covenant on Civil and Political Rights (ICCPR), to which it is a signatory. Recent protests, particularly by Pakistan Tehreek-e-Insaf (PTI) supporters over the imprisonment of former Prime Minister Imran Khan, have led to violent clashes, mass arrests, and injuries. The government’s actions, including a lockdown in Islamabad, reflect a broader erosion of civil liberties and increased repression of political opposition in the country.

 

https://www.hrw.org/news/2024/10/09/pakistan-government-intensifies-crackdown-political-dissent

Lebanon: IDF Deliberately Target UN Peacekeepers, Health Workers and Ambulances in Attack 

 

On 10 October, UN humanitarians reported that health workers and medical facilities have continued to be hit and killed by ongoing Israeli bombardment, a week since Israel sent troops and armoured vehicles into the south of the country and issued evacuation orders. The OCHA reported that ambulances and relief centres have been targeted or hit in Lebanon, causing further casualties. International humanitarian law provides special protection for ambulances, healthcare workers and their patients and must not be targeted. Lebanese officials have said an Israeli airstrike killed five health workers in the south of the country. According to the WHO, 92 people in Lebanon have been killed and 92 injured in 38 attacks on healthcare in the last year, since Hezbollah rocket fire into northern Israel intensified with the outbreak of war in Gaza. Two peacekeepers were also injured after an IDF Merkava tank fired its weapon toward an observation tower at UNIFIL’s headquarters in Naqoura, directly hitting them and causing them to fall. The injuries were not fatal but the victims remain in hospital. Any deliberate attack on peacekeepers is also a grave violation of international humanitarian law and of Security Council Resolution 1701.

 

https://news.un.org/en/story/2024/10/1155546

 

https://news.un.org/en/story/2024/10/1155551

Afghanistan: Human Rights Group Reports Ongoing Sexual Abuses and Threats Against Afghan Policewomen 

 

On 10 October 2024, Human Rights Watch (HRW) reported ongoing threats against Afghan women who served in the police under the former government, holding the Taliban authorities responsible. These women, who faced harassment and sexual abuse even during their service under the previous government, are now at increased risk of persecution. HRW highlighted that policewomen were subjected to rape, attempted rape, and other forms of sexual violence under the former Afghan government, but the authorities failed to address these abuses or protect victims. Since the Taliban’s takeover in 2021, these women face further intimidation, harassment, and violence. Many have been forced to hide their identities and seek asylum abroad due to threats from both the Taliban and their own families, who disapproved of their work as police officers. However, these women encounter significant barriers to resettlement, including complex and inconsistent application processes, lengthy delays, and mental health struggles. HRW urged the Taliban to cease the persecution of former policewomen and investigate human rights violations, while calling on donor countries—such as the US, UK, EU, and Japan—to prioritise the resettlement of these women, streamline relocation processes, and provide psychosocial support. HRW emphasised that these women were “doubly betrayed” by both the former Afghan government and international donors who failed to protect them after training and recruitment efforts. The report also notes that since the Taliban takeover, 218 extrajudicial killings and 14 disappearances of former military and police personnel have been recorded. This ongoing violence continues to affect women who were already vulnerable to threats from criminals and family members.

 

https://www.hrw.org/report/2024/10/10/double-betrayal/abuses-against-afghan-policewomen-past-and-present

Guinea: Human Rights Group Express Concerns Regarding Disappearance of  Activists 

 

On 10 October 2024, the United Nations and the African Commission on Human and People’s Rights (ACHPR) expressed serious concerns over the disappearance of Guinean civil society activists Oumar Sylla and Mamadou Billo Bah, warning that they could be at risk of torture, mistreatment, or even extrajudicial execution. The activists, members of the National Front for the Defence of the Constitution (FNDC), were arrested in Conakry on 9 July 2024 by armed soldiers and taken to an undisclosed location. This has led to accusations of “kidnapping” and violations of their rights under international law. The UN and ACHPR classified the incident as an “enforced disappearance,” which is prohibited under the International Convention for the Protection of All Persons from Enforced Disappearances. They called on Guinea’s transitional government to release the activists unless formal charges are brought against them, ensuring their right to legal defence. Human rights organisations, including Amnesty International, also condemned the disappearance and reported that the activists had been subjected to torture, demanding an independent investigation. They urged Guinea to join the international convention against enforced disappearances and to protect its citizens’ human rights.

 

https://www.ohchr.org/en/press-releases/2024/10/guinea-growing-concern-health-and-well-being-disappeared-human-rights

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