Jurist
UN: ISIS brutality increasing in Libya
The UN Support Mission in Libya (UNSMIL) released a 37-page report (PDF) Nov. 16 calling on those with ground-level control to declare that recent acts by the Islamic State (ISIS) and other militants will not be tolerated and "to immediately take action to stop acts in breach of international human rights and humanitarian law." The report highlights that against the background of factional infighting and the breakdown of the justice system, ISIS has gained control over large areas of Libya and committed such atrocities as public beheadings for political or religious affiliation, amputations and floggings. Several Libyan armed groups have pledged allegiance to ISIS and are actively fighting against both the internationally-recognized fovernment and other factions that have not declared such allegiance. The report outlines other abuses such as arbitrary civilian abduction, property destruction and looting, inhumane incarceration and torture performed by ISIS and other armed groups, and classifies these events as potential war crimes.
Bangladesh defends war criminal execution plans
Bangladesh has asked Amnesty International (AI) to retract its criticism of the country's execution plans for opposition politicians convicted of war crimes at a local tribunal. In 2013 the International Crimes Tribunal Bangladesh (ICTB) convicted Ali Ahsan Mohammad Mujahid, a senior politician from Jamaat-e-Islami and Salauddin Quader Chowdhury, a leader of the opposition Bangladesh Nationalist Party, of war crimes committed during Bangladesh's war of independence in 1971. Their convictions and subsequent death sentences were upheld earlier this year, and the two men filed review petitions to be heard by the country's top court on Nov. 17. AI stated that the trials of the men "failed to meet international standards." It also noted, "in the government's haste to see more war crimes convicts executed, both men were subjected to a speeded up appeals' process. The UN has stated the ICT fails to meet international fair trial standards."
Saudi Arabia executions break 20-year record
Amnesty International (AI) reported Nov. 9 that Saudi Arabia has executed a record 151 people this year, the highest number since 1995. In 2014 the total number of executions carried out was 90, and so far this year the number is up by 68 percent. AI said that almost half of all the executions carried out in 2015 were for offenses that are not considered "most serious crimes" under the international human rights laws. Saudi Arabia also reportedly continues to impose the death sentence on individuals under the age of 18, violating child human rights laws. AI's Middle East deputy director James Lynch said, "Instead of intimidating people with the threat of state sanctioned killing, the Saudi Arabian authorities should halt all impending executions and urgently establish a moratorium on executions as well as overhaul the Kingdom's deeply flawed justice system."
UK Supreme Court hears Libya rendition claim
The UK Supreme Court on Nov. 9 began hearings in the case of Abdel Hakim Belhaj, who claims the British government assisted in his 2004 rendition by US forces. Belhaj and his wife were arrested in Bangkok in 2004 and returned to Muammar Qaddafi's Libya, where he spent six years in prison. Belhaj first filed his lawsuit in 2012. In 2013 the British High Court threw out the claim, stating that hearing the claim was barred by the Acts of State doctrine. However, in October 2014, the Court of Appeals found that the claim is not barred because "it falls within a limitation on grounds of public policy in cases of violations of international law and fundamental human rights." The court stated that while the Acts of State doctrine is valid, it does not stop a British court from examining whether British agencies, officials or ministers were separately culpable. The case will be heard by seven judges over four days, who will decide whether Belhaj can sue the British government, former Foreign Secretary Jack Straw and the former head of the British Secret Intelligence Service (SIS), known as MI6, for alleged complicity with US intelligence over his treatment.
Egypt: officials arrest prominent rights activist
Egyptian authorities on Nov. 8 arrested prominent human rights activist and journalist Hossam Bahgat after military officials questioned him concerning a report he wrote on the secret trial of former military officers. Bahgat, who writes for Mada Masr, was charged with "publishing false news that harms national interests and disseminating information that disturbs public peace." Rights groups such as Amnesty International have called the arrest a "blow for freedom of expression." [Sic*]
Last UK detainee released from Gitmo
The US Department of Defense (DoD) on Oct. 30 announced that the last remaining British inmate, Shaker Aamer, has been released and returned to the UK after extensive review (PDF) by the Guantánamo Review Task Force. Though he is a citizen of the UK through marriage, Aamer identifies himself as a Saudi national. In 2001, Aamer was allegedly performing charity work in Afghanistan when he was captured by bounty hunters and transferred to a US military base as an al-Qaeda suspect. Aamer was transferred to Guantanamo in 2002 and remained there for 13 years despite being approved for release in 2007 and 2009. Aamer was never charged and claims he was consistently subject to abusive treatment. He often accused the prison of unfair conditions and recently went on hunger strike to press his grievances. Now that Aamer has returned to the UK, he must undergo physical and mental health assessment. Though it is unknown if he will be monitored for security reasons, Aamer has stated he has no ill intentions.
Hague to rule in South China Sea dispute
The Permanent Court of Arbitration (PCA) in The Hague ruled (PDF) Oct. 29 that it has jurisdiction to hear a dispute between the Philippines and China over parts of the South China Sea. At issue are a number of islands and shoals, which the Philippines says China has annexed illegally under the UN Convention on the Law of the Sea. China has long held that the PCA lacks jurisdiction to hear the case, saying that it would be open to bilateral negotiations with the Philippines over the issue. China has boycotted the proceedings, rejecting the court's authority in the case. Beijing claims sovereignty over almost the entire South China Sea, maintaining that its rights are based on history rather than legal precedent.
Pentagon nixes 9-11 defendant's bid to fire lawyer
The US government's case against five Guantánamo Bay detainees will continue to move forward after a US military judge on Oct. 29 determined that one of the defendants may not fire his defense lawyer. US military judge James Pohl ruled that Walid bin Atash did not show good cause to fire his lawyer. Judge Pohl stated to Atash, "[u]nder the law, before you may terminate the relationship with a counsel who's got an ongoing relationship with you, you must show good cause." Atash is one of the five detainees charged for planning and aiding of the attacks of Sept. 11, 2011. The presiding judge found that allowing Atash to retain new counsel would further delay trial proceedings, which yet to be assigned a trial date.
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