Jurist
Ecuador issues arrest warrant for former president
Authorities in Ecuador on May 27 announced, via Twitter, the issuance of an arrest warrant for former president Jamil Mahuad on the grounds that he allegedly misappropriated public funds during the late 1990s. Interior Minister Jose Serrano stated that a "red notice" had been issued by Interpol. Authorities sought a red notice against Mahuad in 2012, but their request was denied. The former president has been on trial in absentia for 13 years, but the trial has now halted in Mahuad's absence. The former president fled the country during a coup and was last known to be teaching in the US.
ICC rules it may prosecute Qaddafi son
The International Criminal Court (ICC) ruled (PDF) May 21 that the case against Muammar Qaddafi's son Saif al-Islam Qaddafi may proceed in the ICC and that Libyan authorities must immediately surrender Saif al-Islam to The Hague. Saif al-Islam is being tried on multiple crimes against humanity associated with the 2011 revolt in his home country. A majority of the ICC Appeals Chamber, with one dissenting opinion, rejected all four grounds of appeal brought by the Libyan government, concluding that it had not been effectively demonstrated that the domestic investigation in Libya would cover the same case that would be presented before the ICC. Judge Erkki Kourula stated that "the Appeals Chamber did not err in either fact or law when it concluded that Libya had fallen short of substantiating, by means of evidence of a sufficient degree of specificity and probative value, that Libya's investigation covers the same case that is before the Court." The Libyan government also presented arguments that the Pre-Trial Chamber had committed procedural errors when reaching its decision, to which the Appeals Chamber confirmed the Pre-Trial Chamber's decision. The judgment affirmed the ICC Pre-Trial Chamber I decision (PDF) in May 2013 to allow Saif al-Islam to be tried in the ICC, which Libya subsequently appealed in June.
Guatemala passes genocide denial resolution
The Congress of the Republic of Guatemala on May 13 approved a non-binding resolution denying any existence of genocide during the civil war lasting from 1960-1996. The resolution calls for national reconciliation and states: "It is legally impossible...that genocide could have occurred in our country's territory during the armed conflict." The Movement of Victims of Northern Quiche allege that more than 250,000 people were killed during the civil war, predominately Mayan indigenous people. Guatemala's Congress approved the measure with 87 of the 158 members voting in favor, after the secretary general Luis Fernando Pérez proposed the resolution. Pérez is a legislator for the party founded by ex-dictator Efrain Rios Montt, who was convicted of genocide in May 2013.
Argentina: deal to probe AMIA blast struck down
An appeals court in Argentina ruled May 15 that a controversial agreement between Argentina and Iran to investigate the 1994 bombing of a Buenos Aires Jewish community center was unconstitutional. The two nations signed the agreement in January 2013, which permitted Argentinian authorities to question the Iranian suspects under Interpol arrest warrants, but only in Tehran. The agreement angered Jewish groups, who said that the deal empowered Iran without bringing any suspects to justice. Argentinine Foreign Relations Minister Hector Timerman announced that he plans to appeal the decision, saying that it was unprecedented for a court to strike down an international agreement. No one has been convicted in connection with the bombing, which killed 85 and injured more than 300 others.
HRW cites evidence Syria used chemical weapons
Human Rights Watch (HRW) said on May 13 that it has strong evidence the Syrian government used chemical weapons on three rebel-held towns in northern Syria last month. The announcement reveals results of a two-week investigation by the Organization for the Prohibition of Chemical Weapons (OPCW) into the alleged chemical warfare. HRW asserts that evidence strongly indicates that the Syrian government dropped "barrel bombs" containing cylinders full of chlorine gas from helicopters into Keferzita, al-Teman'a and Telmans, three towns in northern Syria, between April 11 and 21. HRW also alleges that the attacks were targeted at civilians and that doctors treating the victims reported eleven deaths and approximately 500 injuries. A chemical warfare agents expert stated that information obtained through witness interviews and videos of the incidents "strongly support" the use of chlorine gas in the attacks. Nadim Houry, HRW's deputy director of its Middle East and North Africa division, condemned the use of chlorine gas as a weapon emphasizing that it is a violation of an international treaty that Syria joined last year. Houry recommended that the UN Security Council refer the situation to the International Criminal Court (ICC). The Syrian government is suspected of the attacks, in part because it is the only party to the unrest with access to the necessary aircraft.
ICC reopens probe into UK Iraq detainee abuse
The prosecutor of the International Criminal Court (ICC), Fatou Bensouda, announced May 13 that she will reopen a preliminary investigation into alleged mistreatment and killings of Iraqi detainees in Iraq by UK military forces from 2003 through 2008. Bensouda stated that her office received new information in January from two human rights organizations implicating UK officials in detainee abuse. The Rome Statute (PDF) of the ICC allows the prosecutor to "initiate investigations ... on the basis of information on crimes within the jurisdiction of the Court." Although Iraq is not a State Party to the ICC, the ICC does have jurisdiction over alleged crimes committed by state nationals in Iraq. To comply with the statute, the ICC must examine several factors during the preliminary investigation, such as "jurisdiction, admissibility and the interests of justice" to determine if such issues meet the Statute's criteria for opening a full investigation. The ICC's original preliminary investigation into this matter, which ended in 2006, did not meet the "required gravity threshold" of the statute. Luis Moreno-Ocampo, prosecutor of the ICC in 2006, emphasized that if new information were to surface, the statute affords the ICC the ability to reopen the investigation. The new information received by the ICC in January alleges additional cases and details of detainee mistreatment than were available in the original investigation.
Pakistan: 68 lawyers charged with blasphemy
Police in the Pakistani province of Punjab on May 13 filed charges of blasphemy against 68 lawyers for protesting police actions. Last week several dozen lawyers, mostly from Pakistan's Shi'ite minority, staged a protest against a high-ranking police official for detaining and beating a lawyer following a disagreement. The blasphemy charges underscore more widespread tensions between Sunnis and Shi'ites in Pakistan that have resulted in religious and politically-motivated violence. It is not yet known when the lawyers' case will be tried.
Human Rights Watch: ban killer robots
Human Rights Watch (HRW) released a report (PDF) on May 12 finding that the use of fully autonomous weapons by militaries or law enforcement would be an affront to basic human rights and should be preemptively banned by international convention. The report, entitled "Shaking the Foundations: The Human Rights Implications of Killer Robots," was jointly authored by HRW and Harvard Law School's International Human Rights Clinic . It questions the ability of autonomous weapons to comply with international humanitarian law. According to the report, robots could not be pre-programmed to handle every circumstance, and thus fully autonomous weapons would be prone to carrying out arbitrary killings when encountering unforeseen situations. Because it is highly unlikely in the foreseeable future that robots could be developed to have human qualities such as judgment and empathy, fully autonomous weapons will not be able to effectively comply with human rights laws.
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