Jurist

Burma junta leader accused of crimes against humanity

Burma's military junta leader Gen. Min Aung Hlaing was accused of crimes against humanity in a complaint to the International Criminal Court (ICC) filed Dec. 10 by the Myanmar Accountability Project (MAP). Article 15 of the Rome Statute empowers the ICC prosecutor to initiate an investigation upon receiving information on crimes within the jurisdiction of the Court. MAP, a human rights advocacy group, has requested that the ICC under Article 15 launch a criminal investigation into "the use of torture as part of the violent crackdown against the protest movement in Myanmar." MAP's submission is accompanied by evidence of the widespread and systematic use of torture in Burma (Myanmar) since the military seized control from the democratically elected government in February.

Indonesia: 'treason' charges over West Papua flag

Indonesian police Dec. 6 arrested eight Papuan university students on charges of treason for raising the banned "Morning Star" flag in a demonstration for the independence of the Papua region. The demonstration took place at a stadium in Jayapura, capital of Papua province. The region, comprising the contemporary provinces of Papua and West Papua, was liberated from Dutch colonial occupation on Dec, 1, 1963, which is considered by many Papuans to be their "independence day." Following a UN-sanctioned referendum, the region fell under Indonesian rule in 1969. But an independence movement rejects the referendum as illegitimate, and has adopted the flag as a symbol of Papuan sovereignty.

UN team delivers report on ISIS atrocities in Iraq

The head of the United Nations team investigating Islamic State crimes in Iraq on Dec. 2 delivered his report to the Security Council, accusing Islamic State (ISIS) actors of committing war crimes and crimes against humanity. Christian Ritscher, special adviser and head of the UN Investigative Team to Promote Accountability for Crimes Committed by Da'esh/Islamic State in Iraq & the Levant (UNITAD), reported that his team had uncovered evidence of the deaths of at least 1,000 Shi'ite prisoners at a prison in Mosul in June 2014. The executions had been planned in detail by senior ISIS members. The team also carried out an analysis of battlefield evidence that showed ISIS developed and deployed chemical weapons as part of a long-term strategic plan. The team identified more than 3,000 victims of ISIS chemical attacks to date.

Biden administration to restart 'Remain in Mexico'

The US Department of Homeland Security (DHS) announced Dec. 2 that it will begin re-implementing the Migrant Protection Protocols (MPP), a Trump-era policy for asylum-seekers also known as "Remain in Mexico." The announcement follows an August US Supreme Court order requiring re-implementation of the MPP over the objections of the Biden administration.

Gambia Truth Commission calls for prosecutions

The Truth, Reconciliation & Reparations Commission (TRRC) of Gambia on Nov. 25 delivered its report to President Adama Barrow. The report, while not indicting any specific individual, recommends prosecutions for anyone who was associated with atrocities committed during the 22-year presidency of Yahya Jammeh. Based on nearly three years of inquiry and testimony from some 400 witnesses, the report details systemic crimes including widespread incidents of rape, killing, and torture. Officials of the National Investigative Agency and Jammeh's alleged personal hit squad known as "Junglas" were the main focus of the inquiry. At least 250 people were confirmed to have been killed by the state under Jammeh's rule.

Ecuador: president extends state of emergency

Ecuador's President Guillermo Lasso on Nov. 18 extended the country's state of emergency by a second 30 days. The decree is ostensibly an attempt to combat the insecurity generated by drug-related crime and re-establish public order. It provides for the mobilization of military forces in certain provinces to assist the functions of the National Police in several provinces.

India: press freedom at stake amid communal violence

The Supreme Court of India ordered the Tripura police Nov. 17 to refrain from taking any coercive measures, including arrest, against two lawyers and one journalist booked under the Unlawful Activities (Prevention) Act of 1967 (UAPA) for their social media posts and reports on the recent communal violence in the northeastern state.

Indian writer sued over Hindutva-jihad comparison

A criminal complaint was registered Nov. 12 against Indian politician and former union minister Salman Khurshid over statements made in his recent book Sunrise over Ayodhya: Nationhood in Our Times. The complaint was filed under Sections 153 and 295A of the Indian Penal Code, which protect "religious sentiments." The complaint, filed by lawyer Bharat Sharma at a Jaipur police station, alleges that Khurshid offended the religious sentiments of Hindus by comparing Hindutva (or Hindu nationalism) with the ideology of terror groups such as ISIS and Boko Haram.

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