Platform for Peace and Humanity

Weekly News Recap (11 - 17 November 2024)

© Photo by Prachatai via Flickr

International Justice Section

ICJ: Court to Hear Racial Discrimination Claims Between Armenia and Azerbaijan

 

On 12 November 2024, the International Court of Justice (ICJ) asserted jurisdiction to hear mutual racial discrimination claims filed by both Armenia and Azerbaijan under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Armenia accuses Azerbaijan of acts including murder, torture, and enforced disappearances, while Azerbaijan alleges Armenia engaged in ethnic cleansing. The ICJ determined that Armenia had fulfilled the negotiation requirement under Article 22 of the convention, finding bilateral talks deadlocked. It also rejected Azerbaijan’s argument that Armenia failed to demonstrate the racial nature of the alleged acts. The court will examine both nations’ claims, including Armenia’s allegations of racial discrimination and Azerbaijan’s contentions regarding ethnic cleansing tied to landmines and booby traps. However, the court dismissed Azerbaijan’s claims concerning events before the convention’s enforcement in 1996 and excluded environmental harm allegations, deeming them commercially or negligently motivated rather than racially discriminatory. This case follows long-standing tensions over the Nagorno-Karabakh region, where recent conflicts displaced over 100,000 Armenians. The ICJ previously ordered provisional measures, including obligations for Azerbaijan to ensure safe passage for Armenians and both nations to curb racial hatred.

 

https://www.aljazeera.com/news/2024/11/12/icj-rules-armenia-azerbaijan-discrimination-cases-can-proceed

Netherlands: Dutch Appeals Court Rules in Favour of Shell Emissions Targets

 

On 12 November 2024, the Hague Court of Appeals in the Netherlands overturned the 2021 Milieudefensie v. Shell ruling requiring Shell to cut its carbon emissions by 45 percent by 2030. The original decision mandated that Shell align its emissions reduction targets with the Paris Climate Accords, citing the company’s duty to mitigate climate risks. Shell argued that the court overstepped its authority by imposing such a mandate on a single company, emphasising its commitment to achieving net-zero emissions by 2050 through investments in renewable energy, and appealed. In its appeals decision, the court ruled in favour of Shell. The ruling stated that the original decision was overly prescriptive in its ordering that Shell must reduce emissions by 45 percent in 2030 compared to 2019 levels. However, it did confirm that Shell has the legal obligation, towards citizens, to reduce dangerous rates of climate change. While governments are primarily responsible for protecting the human rights of its citizens, major private actors such as companies carry a secondary responsibility in the social standard of care expected from them. Milieudefensie has not yet indicated whether they will appeal the appeals court’s decision.

 

https://www.rechtspraak.nl/Organisatie-en-contact/Organisatie/Gerechtshoven/Gerechtshof-Den-Haag/Nieuws/Paginas/Hague-court-denies-claim-for-reduction-in-Shells-CO2-emissions.aspx

India: Supreme Court Rules Against ‘Bulldozer Justice’ As Criminal Punishment

 

On 13 November 2024, India’s Supreme Court ruled that demolishing properties as punishment for crimes, a practice known as “bulldozer justice,” is unconstitutional. In issuing a series of guidelines on the issue, the court emphasised that only the judiciary has the authority to impose punishments, declaring that such actions by the executive violate Article 21 of the Indian Constitution, which guarantees the right to life and shelter. The practice of bulldozer justice, widely criticised for disproportionately targeting Muslim communities, saw numerous demolitions in 2022 in states like Uttar Pradesh, Assam, and Delhi, often without any legal authorisation. The court mandated strict penalties for officials involved in such demolitions, including prosecution and contempt charges, and ordered compensation for victims. Human rights groups, including Amnesty International, have praised the decision as a significant step toward upholding the rule of law and protecting fundamental rights.

 

https://indianexpress.com/article/explained/explained-law/what-supreme-court-said-about-bulldozer-justice-9668571/

 

https://indianexpress.com/article/india/supreme-court-bulldozer-justice-verdict-9667107/

ECtHR: Azerbaijan Violated Lawyer’s Freedom of Expression

 

On 14 November 2024, the European Court of Human Rights (ECtHR) ruled, in the case of Afgan Mammadov v. Azerbaijan (application no. 43327/14), that Azerbaijan violated the freedom of expression of lawyer Afgan Mammadov, who was disbarred after filing a corruption complaint against a legal consultancy director. The court held that Mammadov’s actions, including filing the complaint and refusing to attend disciplinary proceedings due to perceived bias, fell within the protection of Article 10 of the European Convention on Human Rights (ECHR). The court emphasised that Mammadov’s allegations of corruption, involving public interest matters, were neither baseless nor malicious and should have been investigated by domestic courts. Instead, Azerbaijan’s courts arbitrarily interpreted domestic laws, disregarding the seriousness of the corruption claims. The government argued that Mammadov’s disbarment was justified under legal provisions for breaching professional ethics. However, the court found these laws overly broad, lacking clear standards. It ruled that disbarment was a disproportionate sanction that could deter other lawyers from exposing misconduct, undermining public accountability.

 

https://jam-news.net/strasbourg-court-upholds-complaints-by-azerbaijani-opposition-members/ 

 

https://hudoc.echr.coe.int/eng?i=001-237962

Hong Kong: High Court Sentences Bomb Plot Leader To Almost 24 Years In Prison

 

On 14 November 2024, the Hong Kong High Court sentenced Ng Chi-hung, the alleged ringleader of a bomb plot targeting police officers during the 2019 pro-democracy protests, to 23 years and 10 months in prison under the United Nations (Anti-Terrorism Measures) Ordinance. This marks the first use of the ordinance since its enactment in 2002. Six co-defendants received prison terms ranging from nearly six to over 13 years for their roles in the conspiracy. The group, referred to as the “Dragon Slaying Brigade,” planned to deploy bombs and use firearms to kill police during a Civil Human Rights Front march in December 2019. The plan involved detonating a smaller bomb to lure police into a kill zone where a gunman would fire from an elevated position, forcing officers toward a larger bomb intended to cause mass casualties. Judge Cheung Wai-ling underscored the severity of the case, rejecting defence arguments that the explosives were less lethal than TNT. She emphasised that the defendants sought to cause maximum harm to law enforcement and disrupt governance. Drawing comparisons to an earlier explosives case, she determined that sentences should exceed 18 years due to the plot’s lethal intent and potential for widespread destruction. The case is seen as the most significant legal response to the 2019 anti-extradition protests. Senior Superintendent Li Kwai-wah of the National Security Department highlighted the severity of the crime and indicated that authorities might appeal to seek even harsher sentences. The Hong Kong government also warned that future cases of this nature could invoke strengthened national security laws, including the National Security Law and the Safeguarding National Security Ordinance.

 

https://www.news.gov.hk/eng/2024/11/20241114/20241114_192446_861.html

IACtHR: Guatemala Held Responsible for Forced Disappearances of Indigenous Rights Defenders in 1989

 

On 14 November 2024, the Inter-American Court of Human Rights (IACtHR) delivered a landmark judgment in the case of Pérez Lucas et al v. Guatemala, holding the Guatemalan state accountable for the 1989 forced disappearance of four indigenous human rights defenders. These men—Agapito Pérez Lucas, Nicolás Mateo, Macario Pú Chivalán, and Luis Ruiz Luis—were members of the Maya K’iche’ community and part of the Ethnic Communities Council “Runujel Junam” (CERJ). Their activism focused on resisting forced recruitment into Civil Self-Defense Patrols in the Quiché region during Guatemala’s brutal internal armed conflict. The court found that Guatemala had violated multiple rights enshrined in the American Convention on Human Rights (ACHR), including the victims’ rights to life, liberty, and personal integrity. It also determined that the state had denied their families the rights to judicial protection, truth, and family protection. Despite immediate legal actions for habeas corpus after the men disappeared in April 1989, and another attempt in 2005, no meaningful investigations were conducted over the past 35 years. Military authorities consistently obstructed efforts, refusing to release critical information and showing no genuine intention to uncover the truth about the victims’ fates. In its ruling, the court underscored the profound impact of these violations, particularly on the victims’ children, and it condemned the state’s failure to act, ordering Guatemala to undertake a series of measures, including conducting thorough investigations, implementing a national strategy to locate disappeared persons, declassifying military archives related to the armed conflict, and enhancing the investigative capacity of the Human Rights Ombudsman. 

 

https://www.jurist.org/news/2024/11/inter-american-court-finds-guatemala-responsible-for-1989-forced-disappearances-of-indigenous-rights-defenders/

South Korea: Opposition Leader Given Suspended Sentenced For Violating Election Laws

 

On 15 November 2024, the Seoul Central District Court sentenced opposition politician Lee Jae-myung, leader of South Korea’s Democratic Party, to a one-year suspended prison term for violating the Public Official Election Act (POEA) by making false statements during the 2022 presidential election campaign. The court found that Lee misled voters about a development project during his tenure as mayor of Seongnam, falsely claiming that a decision to rezone land was mandated by the land ministry. In reality, the project involved private developers receiving preferential treatment. However, the court ruled that another alleged lie—Lee’s denial of knowledge about a public official involved in a corrupt development project—did not violate the POEA. The judgment emphasised balancing freedom of speech with the need to prevent the spread of misinformation that could distort public opinion. Lee, who lost the 2022 election to President Yoon Suk Yeol, announced plans to appeal the verdict. He and his Democratic Party described the ruling as politically motivated, part of a broader campaign against him. Lee So-young, a Democratic Party member, criticised the sentence as excessive and argued that the false statements did not influence the election outcome. She suggested that a fine would have been more appropriate than imprisonment, pointing out that Lee’s remarks were passive responses during interviews or audits, not published false information. If upheld, the ruling could cost Lee his parliamentary seat and bar him from running in future presidential elections. Lee already faces three other legal cases involving allegations of corruption, bribery, and subornation of perjury. His political career has been marked by controversies, including surviving a knife attack in January 2023. Despite his legal challenges, Lee remains a prominent figure in South Korean politics, and his case highlights the intersection of law and politics in the country.

 

https://www.jurist.org/news/2024/11/south-korea-court-sentences-opposition-leader-to-prison-for-violating-election-laws/

US: Daughter of Civil Rights Leader Malcolm X Files Lawsuit Against Governmental Officials Regarding Assassination

 

On 15 November 2024, civil rights leader Malcolm X’s daughter filed a civil lawsuit against the U.S. government, the city of New York, and the estates of several former federal agents, alleging their involvement in facilitating and covering up his 1965 assassination. Represented by prominent civil rights attorney Ben Crump, the lawsuit claims that federal agencies, including the FBI, CIA, and DOJ, as well as the NYPD, conspired to orchestrate and conceal Malcolm X’s murder. The complaint alleges that the NYPD was aware of credible threats against Malcolm X but failed to act, instead arresting members of his security detail prior to his speaking engagement and removing officers from the venue, a move against standard practice. Federal undercover agents present during the assassination allegedly failed to intervene and later worked with informants to cover up their involvement. This lawsuit follows the exoneration in 2021 of Muhammad Aziz and Khalil Islam, who were wrongfully convicted of Malcolm X’s murder and spent 20 years in prison. Their convictions were overturned after evidence revealed misconduct, including fabricated evidence and coerced identifications, involving both local and federal authorities. Aziz has since filed his own lawsuit against New York City for due process violations. The family’s complaint highlights systemic government efforts to undermine Black political leaders, referencing the FBI’s surveillance and harassment programs like COINTELPRO, which targeted figures such as Martin Luther King Jr., Fred Hampton, and Malcolm X. It accuses intelligence agencies of working to suppress Black activism while disregarding constitutional protections. The lawsuit brings nine legal claims, including wrongful death, conspiracy, fraudulent concealment, and denial of access to courts. The family is seeking compensation for the loss of Malcolm X’s companionship, income, and inheritance, as well as damages for violations of constitutional rights. The case revisits long standing allegations of government complicity in the suppression of Black leaders during the civil rights era.

 

https://www.jurist.org/news/2024/11/family-members-of-malcolm-x-sue-authorities-for-involvement-in-assassination/

 

International Peace & Security Section

Burkina Faso: Army Launches Investigation Into Video of Alleged Military Soldiers  Mutilating Corpse

 

On 11 November 2024, it was reported that the Burkina Faso military announced its investigation into a video that shows individuals in military uniforms mutilating a corpse. The filmed individuals were identified as members of the Rapid Intervention Battalion 15 (RIB 15), a specialised force in the Burkina Faso army for its counterinsurgency against Islamist armed groups. Human Rights Watch has called for an impartial investigation into the incident due to a lack of accountability in the army. The video, which circulated in late July 2024, shows at least 18 men in RIB 15 uniforms, with two using knives to disembowel a decapitated body. The General Staff of the Armed Forces stressed that such actions go against the moral values of the National Armed Forces and the Volunteers for the Defense of the Homeland. Mutilating dead bodies is prohibited under international humanitarian law and may be classified as a war crime. 

 

https://www.jurist.org/news/2024/11/burkina-faso-army-launches-investigation-into-video-of-mutilation/

Haiti: Prime Minister Replaced Amidst Ongoing Gang Violence Crisis

 

On 11 November 2024, it was reported Haiti’s transitional council had replaced Prime Minister Garry Conille, as the crisis in the nation worsens. The nine-member council decided to remove Conille after just five months in charge, with Aliz Didier Fils-Aime named as the country’s new Prime Minister. For the last number of weeks, the two sides have been caught in a power struggle, with the council wanting to remove the minister of justice, finance, defence and health against the wishes of Conille. While Conille sought the resignation of three council members accused of corruption. It is unclear if the council even has the power to remove the Prime Minister, with Conille claiming the transition council only had power to appoint a Prime Minister, but not to dismiss one. The council is a new body not outlined in the country’s constitution, and was not approved by parliament as Haiti does not have a sitting government. The country has been devastated by gang violence, which worsened in February when armed groups attacked the capital Port-au-Prince, attempting to overthrow then-Prime Minister Ariel Henry. Henry stepped down amid the escalating violence. Power was handed over to the transitional council which received backing from the US. A Kenyan-led police support mission arrived in Haiti to combat the crisis, but violence has escalated. The UN reported that 1,200 people died from July to September, with kidnappings and sexual violence against women and girls rampant. The gangs have gained control of most of the capital Port-au-Prince. The International Organisation for Migration has estimated more than 700,000 people have fled their homes because of the crisis.

 

https://www.france24.com/en/americas/20241110-haiti-governing-council-to-replace-pm-in-amid-ongoing-turmoil

 

https://www.reuters.com/world/americas/haitian-transitional-presidential-council-replace-prime-minister-2024-11-10/

Russia-North Korea: Mutual Defence Treaty Ratified Promoting Military Cooperation

 

On 12 November 2024, North Korea confirmed it had ratified a mutual defence treaty with Russia. The treaty calls for each country to come to the other’s aid in the event of an armed attack. This comes as the two countries have received international criticism over increased military cooperation, following North Korea sending troops to Russia to join its ongoing war against Ukraine. On Monday, North Korea leader, Kim Jong Un, signed a declaration to ratify the agreement, while Russian President, Vladimir Putin, also signed the treaty into law. The treaty states that should either side find itself in a position of war, the two countries should “immediately provide military and other assistance using all available means.” The treaty was agreed at a summit in June and Kim indicated the agreement elevated their relations to something similar to an “alliance.” The US, South Korea and Ukraine have said there are more than 10,000 North Korean troops now in Russia, some of them having engaged in battle in Kursk on the Ukrainian border.

 

https://www.reuters.com/world/north-korea-ratifies-mutual-defence-treaty-with-russia-2024-11-11/

Gaza: Starvation and Health Care Attacks Continue to Surge

 

On 13 November 2024, UN Humanitarians warned that ongoing bombardments, starvation and despair continue in Gaza, where many basic daily necessities now barely exist. The WFP declared markets across the enclave “in decay”, saying fresh foods, eggs, meat barely exists and prices have reached record high. Famine thresholds may have already been crossed in North Gaza, WFP adds. Residential buildings hosting displaced people have been repeatedly targeted, which claimed over 40 lives. Numerous violations have been reported since the escalation of violence in late September, and includes direct attacks on more than a dozen peacekeepers. In addition, airstrikes on health facilities and workers continue to be recorded by WHO, interrupting operations in 127 health facilities and eight hospitals, reducing the functionality of nine hospitals. The surveillance system for attacks on health care reported 44 attacks on healthcare resulting in 63 injuries and 91 deaths since mid-September, 2024, bringing the total of attacks against health care to 103 incidents resulting in 123 injuries and 145 deaths.

 

https://news.un.org/en/story/2024/11/1156896

 

https://news.un.org/en/story/2024/11/1156946

South Korea: Military Exercise Carried Out with the US and Japan

 

On 13 November 2024, South Korea’s military began a three-day joint military exercise with the US and Japan. The military exercise will include fighter jets, marine patrol aircraft, and the US aircraft carrier USS George Washington. The exercise will also consist of missile defence and cyber defence training. The three countries began the ‘Freedom Edge’ drill in response to North Korea who recently held an intercontinental ballistic missile test. This is the second round of drills the three nations have held together this year, after the leaders agreed to hold annual drills at a summit in 2023. In a statement issued this week, the US Air Force said it would retire its A-10 Thunderbolt II aircraft in key regions including South Korea in 2025, as they plan to modernise military resources and upgrade fighter jets.

 

https://www.reuters.com/world/us-aircraft-carrier-joins-military-drills-with-south-korea-japan-2024-11-13/

UN: Security Council Renews Sanctions on Yemen

 

On 13 November 2024, the UN Security Council unanimously voted to renew its sanctions on Yemen for another year, the mandate will run until 15 November 2025. The sanctions allow for financial, and travel bans on designated Yemeni individuals. The resolution also extended the mandate for the Yemen Panel of Experts until 15 December 2025, which deals with the monitoring and reporting on the sanctions. UK envoy, Barbara Woodward, said extending the measures were important to limit Houthi efforts to destabilise Yemen. Since 2014, Yemen has been embroiled in violence after the Iran-backed Houthi rebels gained control of large areas of the country. In 2015, things escalated further when a Saudi-led military coalition launched a military intervention to reduce Houthi territorial advancements. The conflict has resulted in thousands of deaths and the UN estimates 14 million are at risk of starvation.

 

https://www.aa.com.tr/en/world/un-security-council-unanimously-renews-yemen-sanctions/3393179#

Poland: New US Air Defence Base Opens in Northern Poland

 

On 13 November 2024, the US opened an air defence base in Poland, located in the town of Redzikowo, near the Baltic coast. Poland’s President, Andrzej Duda, said the new base proved Poland was a secure NATO member, as Russia’s war in neighbouring Ukraine continues. The base had been in the plans since the 2000s, with Poland suggesting the continued work on the facility by multiple US presidents indicates the alliance between the two countries remains strong whoever is in the White House. Duda stressed the importance of the US presence as a guarantor of Poland’s security. Meanwhile, the Kremlin called the new base an attempt to restrain Russia by moving US military facilities nearer to its borders. This all comes after Donald Trump’s recent election win to become the next US president, with some NATO members nervous about possible security implications. Trump previously pledged not to defend countries who do not spend enough on defence. However, Poland is the alliance’s biggest spender on defence equivalent to its GDP, so Duda feels they have no concerns in that regard. The US base at Redzikowo, called ‘Aegis Ashore’ is part of a broader NATO missile shield, to intercept ballistic missiles.

 

https://www.reuters.com/world/us-opens-missile-base-poland-trump-presidency-looms-over-nato-2024-11-13/

NATO: Large-Scale Multinational Training Exercise Completed in Latvia

 

On 14 November 2024, NATO concluded its first large-scale military exercise in Lavia. The two-week multinational training mission, led by Canada, titled Operation ‘Resolute Warrior,’ involved thousands of troops from 13 different countries. Since Russia’s invasion of Ukraine in 2022, NATO has strengthened security in the Baltics. At the NATO Madrid Summit this year, the ministers of defence from Latvia and Canada signed a joint declaration to strengthen defence along NATO’s eastern flank. Latvian Defence Minister, Andris Sprūds, said in a statement the NATO Multinational Brigade Latvia exercise highlights the commitment of NATO and the national armed forces to protect Latvia if necessary. Operation ‘Resolute Warrior’ is the largest international military exercise Canada has led since the 1980s and displays the ability of the 13-nation strong brigade to plan its forces.

 

https://www.euronews.com/my-europe/2024/11/14/nato-completes-first-large-scale-military-exercise-in-latvia

Syria: At Least 15 People Killed in Israeli Airstrike

 

On 14 November 2024, it was reported at least 15 people had been killed in Damascus. The Syrian ministry said Israel launched an air attack targeting residential buildings in the Mazzeh and Qudssaya areas of Damascus, killing 15 and injuring a further 16. The Israeli military stated it carried out airstrikes on several buildings belonging to the Palestinian Islamic Jihad armed group, which they described as a “significant blow” to the group. The Palestinian Islamic Jihad are a Gaza-based group, thought to have participated with Hamas in last year’s October 7 attacks on Israel. After the October 7 attacks, Israel has intensified attacks against Iran-linked targets in Syria. According to residents who fled after recent attacks, Syrian based commanders of Lebanon’s Hezbollah and Iran’s Revolutionary Guard live in Mazzeh.

 

https://www.aljazeera.com/news/2024/11/14/at-least-15-people-killed-in-israeli-strikes-on-syrias-damascus

UK: Foreign Office Presents Report Alleging Serious Crimes Committed by Foreign Diplomats

 

On 14 November 2024, the UK Foreign Office presented a report to the House of Lords and House of Commons on serious crimes allegedly committed by persons with diplomatic immunity in the UK. Serious crimes are defined as crimes that would constitute at least twelve months’ imprisonment under UK law. According to the Foreign Office, nine serious crimes were allegedly committed by foreign officials with diplomatic immunity in 2023. The offenses included sexual assault, indecent exposure, possessing or distributing indecent images of children, and more.  While most diplomats follow UK laws, the Foreign Office reiterated that they are willing to request for the home country jurisdiction to rescind diplomatic immunity to allow further investigations or for the immediate withdrawal of the diplomat if the allegations are severe. However, this is difficult to realise in practice. 

 

https://www.jurist.org/news/2024/11/foreign-diplomats-in-uk-accused-of-serious-crimes-including-sexual-assault-and-indecent-exposure/

 

https://questions-statements.parliament.uk/written-statements/detail/2024-11-14/hcws217

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