Jurist

Protesters sue Trump over constitutional violations

Black Lives Matter DC and other protesters have filed a lawsuit asserting that their ouster from Lafayette Square near the White House on June 1 violated both their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure. The complaint states that the US Secret Service, US Park Police, DC National Guard and US Military Police unleashed tear gas, pepper spray, rubber bullets and flash bombs on peaceful protesters, without provocation, in order to clear a path for President Donald Trump to walk to a photo opportunity at a nearby church. In addition, plaintiffs argue that this action was intentional as evidenced by Trump's statements about protesters, referring to them as "THUGS" in his tweets. Further, in his phone call with governors, Trump stated they must take harsher actions to "dominate" protesters, and his Secretary of Defense Mark Esper stated that governors need to "dominate the battlespace."

Russia: state of emergency after Arctic oil spill

Russian President Vladimir Putin declared a state of emergency June 3 after 20,000 tons of diesel oil leaked into a river within the Arctic Circle. The spill went unreported for two days, which may have caused irreparable damage to the region. The spill was caused by the rupture of a fuel tank at a power plant on the Ambarnaya River near the Siberian city of Norilsk, Krasnoyarsk Krai. The plant is owned by Norilsk-Taymyr Energy Company, a subsidiary of Norilsk Nickel (Nornickel), which is the world's leading nickel and palladium producer. The company had reportedly spent two days trying to contain the spill, before alerting the government. The Russian Investigative Committee (SK) has launched a criminal case over the pollution and alleged negligence. The director of the power plant, Vyacheslav Starostin, has been taken into custody but has not yet been charged.

ICC complaint filed over COVID-19

The Canadian Institute for International Law Expertise (CIFILE) has asked the prosecutor of the International Criminal Court (ICC) to investigate individual world leaders and the World Health Organization (WHO) for alleged international crimes relating to their handling of the COVID-19 pandemic. The group states that past disease outbreaks, including SARS, suggest that the director-general of the WHO should have notified nations well before the initial March 11 notification date. The complaint asserts that the response to the pandemic constitutes a "crime against humanity" under Article 7(k) of the Rome Statute. The complaint further states that the ICC may exercise jurisdiction over international crimes under Articles 12 and 13 when a member state of the ICC has been affected. Specifically the complaint cites Canada as an affected signatory to the Rome Statute.

Amnesty sees Russian-backed 'war crimes' in Syria

A report published by Amnesty International on May 11 found that the Syrian government, supported by Russia, committed a series of war crimes in northwest Syria in late 2019 and 2020. The report found that "attacks from the air and the ground repeatedly struck residential areas and crucial infrastructure." The findings are based on interviews of Syrians on the ground and international aid workers, as well as videos, photographs, satellite imagery, logs of aircraft observations and intercepted aircraft radio communication. The attacks mainly occurred in opposition-held areas of Idlib province, western Aleppo province and northwestern Hama province. The report documents 18 attacks in these areas on schools and medical facilities. The report calls these attacks "serious violations" of international humanitarian law.

Detainee amnesty as Iraq protests re-emerge

Iraq's Supreme Judicial Council ordered courts on May 10 to release all protesters jailed since anti–government demonstrations erupted last October. The Council cited Article 38 of the Constitution, which guarantees the right to protest so long as demonstrations do not involve acts "contrary to the law." The order comes days after new Prime Minister Mustafa al–Kadhimi addressed the nation, promising to "hold to account all those who shed Iraqi blood" during months of political unrest, and urging parliament to reform the electoral laws. Al–Kadhimi's address spurred a renewed wave of nationwide protests, demanding immediate government action on political reform.

Sudan outlaws female genital mutilation

Sudan's new government officially criminalized female genital mutilation (FGM) on April 29. The change is the result of an amendment to Sudan's Criminal Law Article 141. The act is defined as removing or reshaping "the female genitalia by cutting, mutilating or modifying any natural part of it leading to the full or partial loss of its functions." The punishment for committing female genital mutilation is to be three years imprisonment as well as fines.

Saudi Arabia abolishes flogging, execution of minors

Saudi Arabia's Supreme Court announced on April 25 that it has abolished flogging as a form of punishment, part of a series of reforms to advance human rights in the kingdom. These reforms follow "unprecedented international criticism" that Saudi Arabia received in 2019 for its human rights record, which included 184 executions, 84 of which were for non-violent drug crimes. Court-ordered floggings sometimes extended to hundreds of lashes, and the punishment could be imposed for offenses ranging from extramarital sex and breach of the peace to murder. In the future, the courts will have to choose between fines, imprisonment, or non-custodial alternatives, such as community service.

Bangladesh arrests fugitive in assassination of founder

Bangladeshi counter-terrorism authorities announced the arrest in Dhaka April 7 of Abdul Majed, who faces the death penalty for involvement in the 1975 assassination of the country's founder, Sheikh Mujibur Rahman. Independence leader "Bangabandhu" Rahman served as the country's first prime minister from 1971 until the 1975 coup in which he was killed along with his family. Only his daughters Sheikh Hasina Wazed and Sheikh Rehana Siddiq survived, as they were in West Germany at the time. Although forbidden from returning to Bangladesh during the subsequent 15-year period of military rule, Sheikh Hasina became prime minister in 1997 and then again in 2009. Majed has publicly admitted his involvement in the massacre, but, like the others involved, faced no legal consequences during the period of military rule. After Sheikh Hasina first became prime minister, Majed went into hiding. In 1998, he was tried in absentia and sentenced to death. The Supreme Court of Bangladesh in 2009 upheld the sentences of Majed and 11 others convicted in the case. In 2010, five of the convicts were hanged; five remain at large, and one has died of natural causes.

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