Jurist
Yemen: use of cluster bombs may be war crime
UN Secretary-General Ban Ki-moon on June 8 warned that the use of cluster bombs by the Saudi-led coalition against neighborhoods in Yemen may amount to a war crime. Cluster bombs spread bomblets over a wide area, many of which do not immediately explode, allowing the bomblets to kill or maim civilians long after a conflict ends. They were prohibited by the 2008 Convention on Cluster Munitions treaty (PDF) adopted by 116 countries, not including Saudi Arabia, Yemen or the US. Of particular concern, the coalition has utilized indiscriminate bombing on several civilian areas in the city of Sanaa, including a wedding hall, chamber of commerce and a center for the blind. In a field visit the UN confirmed use of these munitions, finding remnants of 29 cluster bombs.
Last Kuwaiti Guantánamo detainee repatriated
The last Kuwaiti held at Guantánamo, Faiz Mohammed Ahmed al-Kandari, has been repatriated to his home country, the US Department of Defense announced Jan. 8. The Periodic Review Board (PRB) determined in September that "continued law of war detention of Al-Kandari does not remain necessary to protect against a continuing significant threat to the security of the United States." Al-Kandari was captured by unnamed Afghans and arrived at Guantánamo in May 2002 after being accused of serving as Osama bin Laden's "advisor and confidant." Kuwaiti authorities said the release showed progress in bilateral relations with the US. The release of all 12 Kuwaiti detainees followed strong efforts by Kuwait and high-profile Washington lawyers to secure their freedom. Al-Kandari is the third detainee to be resettled this week; 104 detainees remain at the detention center.
NYPD reaches settlement on Muslim surveillance
The New York Police Department (NYPD) came to a settlement agreement on Jan. 7 in two civil rights lawsuits accusing the NYPD of wrongfully monitoring Muslims after the 9-11 attacks. The US Court of Appeals for the Third Circuit in October revived the civil rights lawsuit filed by a coalition of Muslim groups that accused the NYPD of conducting unjustified surveillance of Muslims in New Jersey. The police department has agreed to reinstate a civilian attorney to a panel that will ensure that no first amendment rights are violated during all surveillance. The appointee will be an outside observer with no connection to the police department and appointed by the mayor. The department has also agreed to place a time limit on investigations and to uphold the existing NYPD policy that it is illegal to profile based upon religious activity. The NYPD has not acknowledged improper monitoring of Muslims and has made no admission of guilt within the settlement. The department states that the changes enforce already guiding principles in use.
Two Guantánamo detainees transferred to Ghana
Two Yemeni men captured in Afghanistan and detained at Guantánamo Bay for 14 years have been released to Ghana, officials said Jan. 6. These two are among the 17 detainees scheduled for release this month. The men were suspected of training with al-Qaeda and fighting with the Taliban but were never charged. They had been cleared for release in 2009, but required a host country to accept them before actual release could be ordered.
Nigeria: sharia court orders death for blasphemy
A sharia high court in Nigeria on Jan. 6 sentenced cleric Abdulaziz Dauda and nine others to death by hanging for committing blasphemy against the Islamic Prophet Muhammad. The prosecution claimed that Duada, a preacher also known as Abdul Inyass, stated that the Sheikh Ibrahim Niasse, the founder of a rival sect, enjoyed a larger following in the region than Muhammad. The prosecution further asserted that Dauda and his disciples incited people to religious violence. The trial took place behind closed doors to avoid public protest.
Rwanda genocide tribunal formally closes
The International Criminal Tribunal for Rwanda (ICTR) formally closed Dec. 31 after issuing 45 judgments. The ICTR, established in 1994, was the first international tribunal to deliver verdicts against those guilty of committing genocide. Within its 21 years, the ICTR sentenced 61 to terms of up to life imprisonment for their roles in the Rwanda massacres. There were 14 acquittals, and 10 accused were transferred to national courts. An International Residual Mechanism for Criminal Tribunals has been established and eight fugitives remain at large.
UK: Iraq vets may face prosecution for war crimes
The head of the UK's Iraq Historic Allegations Team (IHAT), charged with looking into alleged abuses committed during the war in Iraq, said Jan. 3 that British soldiers may face prosecution for war crimes. Mark Warwick, a former police detective and the head of IHAT, stated that some of the allegations being investigated included murder. According to the investigation, there may be as many 1,515 victims, 280 of whom are alleged to have been unlawfully killed. However, Public Interest Lawyers, representing some of the alleged victims, said IHAT is not doing an effective job investigating those responsible for "systemic" abuse. They state that "Despite public inquires, court proceedings ongoing since 2004 and the IHAT team of investigators, there is yet to be a single prosecution resulting from IHAT's work." Carla Ferstman, director of the human rights group Redress, echoed these comments, stating that the the "incredibly slow pace" of IHAT's investigations was "wholly unacceptable."
Health concerns for imprisoned Saudi blogger
Imprisoned Saudi blogger Raif Badawi (official website)—a recent recipient of the prestigious European human rights award, the Sakharov Prize—has suffered fainting spells and deteriorating health owing to the lengthy hunger strike he initiated more than 20 days ago. According to Ensaf Haidar, Badawi's wife who was recently granted asylum in Canada, the strike was initiated primarily to protest Badawi's transfer to a different prison in Saudi Arabia. However, neither the government of Canada nor Amnesty International in Canada has been able to confirm the hunger strike. Regardless, Canada has expressed its commitment to continue its calls for clemency on Badawi’s behalf. Haidar stated that she last spoke with Badawi two weeks ago, and had been kept informed of Badawi's condition by a contact in Saudi Arabia whom she declined to identify. Haidar had been separated from Badawi for the past four years and was hoping to be reunited with him by the end of 2015.

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