Jurist

Palestinians accuse Israel of war crimes at ICC

Top Palestinian officials on July 25 filed a complaint to the International Criminal Court (ICC), accusing Israel of war crimes in Gaza. Palestinian Justice Minister Saleem al-Saqqa and Gaza court public prosecutor Ismail Jabr started legal proceedings over the 18 days of fighting between Hamas and Israel that has killed over 800 Palestinians and 35 Israelis. The complaint accuses Israel of war crimes, including apartheid, attacks against civilians, excessive loss of human life and colonization. The ICC must next decide whether it has jurisdiction in the complaint. The Palestinian territory is not a member of the UN. However, the territory became an observer in 2012, a status which the ICC prosector said was required for Palestinians to sign up to the court.

Kuwait: court upholds 10-year term for tweeting

Kuwait's Supreme Court on July 12 upheld a 10-year jail sentence for a man accused of posting Tweets that insulted the Prophet Mohammed and the Sunni Muslim rulers of Saudi Arabia and Bahrain. Hamad al-Naqi, a 24-year-old member of Kuwait's Shiite minority, was also found guilty of spreading false news that undermined Kuwait's image abroad. The Supreme Court's decision is final and can only be commuted by the Kuwaiti Emir. An appeals court affirmed al-Naqi's sentence in October. The result drew criticism from Human Rights Watch (HRW), which condemned the decision as a "violat[ion of] international standards on freedom of expression." He has been in prison since his arrest in March 2012, and was originally sentenced in June 2012. Al-Naqi has maintained his innocence, arguing that his Twitter account was hacked.

HRW: FBI stings pushed people to terrorism

The US Department of Justice (DoJ) and Federal Bureau of Investigation (FBI) have targeted American Muslims in abusive sting operations based on ethnic and religious identity, pushing people into terrorism, Human Rights Watch (HRW) and Columbia Law School's Human Rights Institute jiontly reported July 21. The report examines 27 cases, following them from investigation through trial. "In some cases," according to HRW, "the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act." Andrea Prasow, deputy Washington director at HRW and one of the report's authors, stated that although Americans have been told that their government is keeping them safe by preventing and prosecuting terrorism inside the US, the reality is that many defendants would not have committed terrorist acts without encouragement, pressure or, at times, even payment from law enforcement to do so. In many cases people with intellectual disabilities were targeted. According to some members of Muslim communities, fears of government surveillance and informants now force them to watch what they say, who they say it to and how often they attend services. US Attorney General Eric Holder has defended the undercover operations, calling them "essential in fighting terrorism."

Ethiopia charges journalists with terrorism

An Ethiopian court on July 18 charged nine journalists with terrorism and inciting violence under Ethiopia's anti-terrorism law (PDF). The journalists, including six bloggers, were arrested in April and have been prevented from accessing their families or legal counsel since their arrests. According to the Committee to Protect Journalists (CPJ), since the implementation of the anti-terrorism law in 2009, Ethiopian authorities have used it as a tool to limit journalism critical of the government. Human Rights Watch (HRW) has repeatedly called upon the Ethiopian government to repeal the law, alleging that the government stifles the establishment of new media publications.

Bahrain files suit to suspend opposition group

Bahrain's Ministry of Justice on July 20 filed a lawsuit seeking to suspend all activities of the main Shi'ite opposition group for three months. The move comes after leaders of the Al-Wefaq party were charged recently with holding an illegal meeting with a US diplomat from the State Department. The lawsuit, however, does not mention the meeting, but rather seeks to suspend the party for violating quorum and transparency requirements. Al-Wefaq leader Ali Salman said his party plans to challenge the move.

Netherlands found liable in Srebrenica massacre

The District Court of The Hague ruled July 16 that the government of the Netherlands is liable for the deaths of 300 of the men and boys killed in the 1995 Srebrenica massacre. The lawsuit was brought against the Dutch government in April by Mothers of Srebrenica, a group representing mothers and widows of men killed during the massacre. The court found that the UN-backed Dutch troops failed to adequately protect the Bosniaks at the UN compound in Potocari, which was overrun by Bosnian Serbs in July 1995. The court did not hold the Netherlands liable for the deaths of the majority of the men killed in Srebrenica, as most had fled the UN compound and were apprehended in the surrounding woods.

Guantánamo nurse refuses to force-feed detainees

A nurse at the Guantánamo detention center has refused to participate in the force-feeding of hunger-striking inmates, UK human rights group Reprieve reported July 15. Word of the unidentified nurse's refusal came via a phone call from detainee Abu Wael Dhiab to his lawyer at Reprieve and was confirmed to the Miami Herald by a Department of Defense (DoD) spokesperson, who declined to provide further details. According to Reprieve, this is the first instance of a conscientious objecting to the force-feeding of prisoners since a mass hunger strike began last year. As for the nurse, the DoD spokesperson said "the matter is now in the hands of the individual's leadership."

Convictions of ex-Qaeda media director overturned

The US Court of Appeals for the District of Columbia Circuit on July 14 overturned two out of three convictions of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), the media secretary of Osama Bin Laden. The court vacated Bahlul's convictions for providing material support for terrorism and solicitation of others to commit war crimes but did not overturn his conviction for conspiracy to commit terrorism, remanding that issue to the Court of Military Commission Review (CMCR). A three-judge panel of the appeals court had ruled last year that the military tribunal that convicted Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act (MCA) of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. The en banc court disagreed, ruling "that the 2006 MCA is unambiguous in its intent to authorize retroactive prosecution for the crimes enumerated in the statute—regardless of their pre-existing law-of-war status." Nonetheless, the court vacated the other two convictions, concluding that trying Bahlul by military commission for providing material support was "a plain ex post facto violation," and that "solicitation of others to commit war crimes is plainly not an offense traditionally triable by military commission." The new ruling could result in a reduction of Bahlul's life sentence.

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