Weekly News Recap (13 - 19 May 2024)
© Photo by RafahKid Kid via Flickr
International Justice Section
- Colombia: Former Paramilitary Commander Salvatore Mancuso Released by Bogotá Justice and Peace Tribunal
Northern Ireland: High Court Rules Against Key Provisions of UK’s Illegal Migration Act
New Zealand: Court of Appeal Overturns Block on Minister’s Summons in Treaty Inquiry
Germany: Court Affirms Surveillance of AfD and Youth Wing for Extremist Activities
USA: New York Appellate Division Upholds Gag Order Against Former US President Donald Trump
UK: High Court Finds Some Police Act 2022 Provisions Breach Human Rights of Gypsies and Travellers
Hungary: Court Grants House Arrest to Anti-Fascist Protestor Ilaria Salis While She Awaits Trial
ICJ: Hearing of South Africa’s Request for Emergency Measures Against Israel Amid Rafah Crisis
- South Africa: Death Toll From Building Collapse Reaches 23
- Indonesia: 43 Killed in Flash Floods
- UN: Relentless Attacks on Civilian Infrastructure in Ukraine
- UN: ICC Outline Road Map for Libya War Crime Probe
- UN: Secretary General Deplores Israeli Attack on Rafah in Gaza
- Georgia: Controversial Law Enacted Labelling Foreign-Funded NGOs as ‘Foreign Agents’ Sparks Protests
- France: Paris Holocaust Memorial Targeted by Anti Semitic Vandalism
- Guinea: Human Rights Report Highlights Protest Repression Victims Face Obstacles in Accessing Healthcare and Justice
- Mozambique: ISIS Affiliated Group Allegedly Abducting and Using Child Soldiers In Northern Mozambique Raids
- New Caledonia: France Alleges Azerbaijani Interference in New Caledonia Riots
International Justice Section
Colombia: Former Paramilitary Commander Salvatore Mancuso Released by Bogotá Justice and Peace Tribunal
On 12 May 2024, the Justice and Peace Tribunal of Bogotá, under Magistrate Jose Manuel Parra, released former paramilitary commander Salvatore Mancuso by replacing 57 security measures with a non-custodial commitment agreement. This decision, outlined in Document of Freedom No. 3 by the Superior Court of Bogota, effectively ended Mancuso’s pretrial detention. Mancuso, an ex-paramilitary chief and former drug trafficker, had a long legal history, including extradition to the United States in 2008, incarceration until 2020, and subsequent detention in Georgia until his deportation to Colombia in February 2024. His release follows a Constitutional Court order, prompted by a petition from his defence team, which argued that he had been detained beyond reasonable time limits in uncharged proceedings and was entitled to rights under the justice and peace regime. The Court upheld this order, directing the Justice and Peace Tribunal to implement the new security measures.
Northern Ireland: High Court Rules Against Key Provisions of UK’s Illegal Migration Act
On 13 May 2024, the Northern Ireland High Court sitting in Belfast ruled that key sections of the Illegal Migration Act 2023 (IMA) breach human rights laws and should not be enforced in Northern Ireland. The applicants, the Northern Ireland Human Rights Commission (NIHRC) and a 16-year-old asylum seeker (JR 295), argued that the challenged sections were incompatible with the Windsor Framework, which maintains the rights established in Northern Ireland’s Good Friday Agreement of 1998, and various articles of the European Convention on Human Rights (ECHR). The judge concurred, noting a reduction in rights as claimed by the applicants. The IMA, intended to deter unlawful migration by barring asylum claims from individuals arriving via irregular routes, faced a judicial review initiated by the Northern Ireland Human Rights Commission (NIHRC) against the Secretaries of State for the Home Department and Northern Ireland. The NIHRC highlighted the harmful impacts on asylum seekers, particularly vulnerable groups. Despite these concerns, the act received Royal Assent. Prime Minister Sunak affirmed that the ruling would not alter the government’s Rwanda deportation plans and emphasised adherence to the original scope of the Good Friday Agreement. A solicitor in the case hailed the judgment as a victory for asylum seekers in Northern Ireland.
https://www.ft.com/content/10295154-eabd-4e83-ba5a-5546f8d0e6e4
New Zealand: Court of Appeal Overturns Block on Minister’s Summons in Treaty Inquiry
On 14 May 2024, the New Zealand Court of Appeal unanimously overturned a High Court ruling that blocked a summons order for Minister for Children, Karen Chhour, to provide evidence before the Waitangi Tribunal. The court affirmed the tribunal’s statutory duty to investigate claims under the Treaty of Waitangi Act 1975, which includes summoning ministers for relevant evidence. This appeal stemmed from an urgent inquiry by the tribunal into the planned repeal of section 7AA of the Children’s and Young People’s Well-being Act 1989 (Oranga Tamariki Act), which mandates the Ministry for Children to improve outcomes for Māori children in line with Treaty of Waitangi principles. The court highlighted the tribunal’s crucial role in New Zealand’s constitutional framework, noting its powers to summon witnesses under the Commissions of Inquiry Act 1908. The court found that Chhour’s evidence was pertinent to the inquiry and that the principle of comity did not limit the tribunal’s authority. Despite the appeal’s success, a bill introduced to repeal section 7AA during a parliamentary recess nullified the tribunal’s jurisdiction on this matter.
Germany: Court Affirms Surveillance of AfD and Youth Wing for Extremist Activities
On 14 May 2024, a higher administrative court in Münster, Germany, ruled that the Federal Office for the Protection of the Constitution (Germany’s domestic intelligence agency) was justified in suspecting the far-right Alternative for Germany (AfD) political party and its youth organisation, Young Alternative for Germany (JA), of engaging in extremist activities. The court affirmed the agency’s right to monitor the AfD, citing sufficient evidence that the party may pursue objectives contrary to the German constitution and liberal democratic order. The court noted that the AfD likely sought to degrade German citizens with migration backgrounds and used derogatory language towards Muslims and refugees. Similarly, it found that JA aimed to deny equal status to German citizens with migration backgrounds and disregarded the human dignity of Muslims. The court upheld the agency’s right to classify and inform the public about such suspicions under the Federal Constitutional Protection Act. In response, AfD leaders Timo Chrupalla and Alice Weidel criticised the ruling as procedurally flawed and vowed to oppose it. The AfD, which entered Germany’s parliament in 2017 and has since gained popularity, has faced widespread protests and accusations of promoting hate and endangering democracy, with some political figures calling for the party’s ban.
USA: New York Appellate Division Upholds Gag Order Against Former US President Donald Trump
On 14 May 2024, the New York Supreme Court’s Appellate Division upheld a gag order against former US President Donald Trump, who is accused of falsifying business records to hide hush money payments related to the 2016 presidential election. The court dismissed Trump’s claims that the gag order infringed on his First Amendment rights. Issued by Justice Juan Merchan in March, the gag order restricts Trump from disparaging witnesses, prosecutors (excluding Manhattan District Attorney Alvin Bragg), and potential jurors. The order was expanded in April after Trump criticised Justice Merchan’s daughter. Trump has twice violated the order, resulting in contempt rulings and threats of jail time from Justice Merchan. The appeals court ruled that Justice Merchan correctly balanced Trump’s free speech rights with the need to protect trial integrity, citing previous federal court decisions that upheld similar gag orders. Last week, Justice Merchan threatened incarceration over Trump’s comments about the jury in an April interview. Trump was also fined $9,000 for posts on Truth Social that breached the gag order. A similar gag order was in the Washington DC Circuit.
UK: High Court Finds Some Police Act 2022 Provisions Breach Human Rights of Gypsies and Travellers
On 14 May 2024, the UK High Court ruled that provisions of the Police, Crime, Sentencing and Courts Act 2022 (Police Act 2022) are incompatible with the European Convention on Human Rights (ECHR), highlighting the significant intrusion these powers have on the lives of Gypsies and Travellers. The judge found that amendments to the Criminal Justice and Public Order Act 1994 (CJPO) introduced by the Police Act 2022 breached Article 14 of the European Convention on Human Rights (ECHR) read alongside Article 8, which protects the right to privacy and family life. The Police Act 2022 granted police powers to ban Gypsies and Travellers from certain areas for up to 12 months, arrest and imprison people living on roadside camps, impose fines, and seize homes. Human rights groups, including Liberty, condemned these measures for increasing profiling and police enforcement against marginalised communities. Claimant Wendy Smith argued that the 12-month no-return provision placed a disproportionate burden on Gypsies, making compliance with the law more difficult. Justice Swift agreed, ruling that extending the no-return period from 3 to 12 months was discriminatory. However, the claim of race discrimination was not fully upheld. The court issued a declaration of incompatibility under section 4 of the Human Rights Act 1998, requiring Parliament to consider amending the law to comply with the ECHR.
Hungary: Court Grants House Arrest to Anti-Fascist Protestor Ilaria Salis While She Awaits Trial
On 15 May 2024, Ilaria Salis, a 39-year-old Italian elementary teacher and left-wing activist from Monza, was granted an order from the Budapest Capital Regional Court of Appeal to be placed under house arrest in Budapest. Salis, who has been in a Hungarian prison for 15 months, will wear an ankle monitor, and her father will pay a 40,000 EUR bail. Salis faces charges of allegedly assaulting far-right neo-Nazi sympathisers during Budapest’s “Day of Honour” celebrations, an event commemorating a 1945 military breakout attempt. If convicted, she could face up to eleven years in prison. The European Parliament criticised Hungary for failing to ban the demonstration, which breaches Hungarian law and endangers citizens. The prison conditions of Salis’ detention, which included rats, insects, and poor hygiene, sparked outrage in Italy and prompted calls for action from Rome’s right-wing government. Italian Deputy Prime Minister and Foreign Affairs Minister Antonio Tajani expressed concerns to Hungarian authorities and emphasised the need for a fair trial and the protection of Salis’ rights. Salis has been nominated as a candidate by the Italian Green and Left Alliance for the upcoming European elections, with her father campaigning for her release.
ICJ: Hearing of South Africa’s Request for Emergency Measures Against Israel Amid Rafah Crisis
On 17 May 2024, the International Court of Justice (ICJ) concluded the hearing of arguments from South Africa and Israel regarding South Africa’s request for additional emergency provisional measures against Israel, following Israeli military actions in Rafah and an evacuation order. South Africa contends that Israel’s actions amount to genocide against Palestinians and seeks measures to protect them. The latest request includes allowing aid workers and reporters unimpeded access to Gaza to document conditions and preserve evidence. South Africa emphasises the need to halt Israeli operations in Rafah, a crucial centre for over one million Palestinian refugees. UN Chief António Guterres and the World Food Programme have also warned against further escalation, highlighting the severe humanitarian crisis. The ICJ has previously approved similar requests from South Africa in its ongoing case against Israel for alleged genocide. By way of counter argument, Israel requested the court to reject the request for the modification and indication of provisional measures submitted by South Africa.
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240517-pre-01-00-en.pdf
International Peace & Security Section
South Africa: Death Toll From Building Collapse Reaches 23
On 13 May 2024, the death toll from a building collapse in George, Western Cape, reached 23, with search and rescue efforts ongoing a week after the incident. Investigations are underway to determine the cause, with the public works minister scheduled to visit the scene. One survivor was rescued 116 hours after the collapse. The building, approved for construction as a 42-unit apartment block, collapsed suddenly on 6 May 2024. Approximately 75 construction workers were present during the incident. Fifteen individuals remain hospitalised, and many are still missing, sparking allegations that most of the crew were foreign nationals. While the government plans to contact diplomatic missions from Zimbabwe, Malawi, and Mozambique regarding these claims, they haven’t confirmed them yet.
https://www.africanews.com/2024/05/13/death-toll-from-south-africa-building-collapse-rises-to-23/
Indonesia: 43 Killed in Flash Floods
On 13 May 2024, authorities stated that flash floods and mudslides over the previous two days ravaged Indonesia’s West Sumatra province, claiming the lives of at least 43 individuals while leaving 15 others missing. The catastrophe, triggered by torrential rain on 11 May 2024, unleashed havoc across three districts, including flash floods, landslides, and cold lava flow—a mixture of volcanic ash, rock debris, and water—from Mount Marapi, an active volcano in Sumatra. The relentless downpour swept ash and massive rocks downstream, exacerbating the disaster. Rescue efforts intensified with the deployment of approximately 400 personnel, including rescuers, police, and military, supported by eight excavators and drones. The national disaster management agency reported significant damage, including nearly 200 houses and 72 hectares of land, impacting rice fields. Evacuations were conducted, with 159 individuals from Agam district seeking refuge in nearby schools. Footage revealed the widespread devastation, with roads and settlements submerged in mud, debris strewn across the landscape, and homes reduced to rubble. Survivors described the sudden and uncontrollable deluge, underscoring the severity of the disaster.
UN: Relentless Attacks on Civilian Infrastructure in Ukraine
On 14 May 2024, a senior official from the UN humanitarian affairs office, OCHA, briefed the Security Council on escalating Russian attacks in northeast Ukraine, highlighting civilian casualties, displacement, and extensive infrastructure damage. Lisa Doughten, OCHA’s director of financing and partnerships, reported relentless hostilities along the border and frontline, with Kharkiv enduring renewed strikes, injuring 15 civilians. These assaults prompted over 7,000 evacuations from Kharkiv’s border regions, while Donetsk and Sumy also faced recent attacks. OHCHR recorded a stark rise in civilian casualties last month, with 90% in Ukrainian-controlled territory. Notably, civilian infrastructure endured intensified attacks, including energy facilities and railways, leaving millions without essential services. Attacks on factories hindered humanitarian goods, and port assaults jeopardised grain exports amid global food insecurity. Despite risks, the UN and partners continue delivering aid, reaching 3.6 million people by the end of March 2024. However, accessing civilians in Russian-occupied areas remains challenging, with 1.5 million needing life saving assistance. Ms. Doughten emphasised the imperative for unimpeded humanitarian access, urging all parties to comply with international law.
UN: ICC Outline Road Map for Libya War Crime Probe
On 14 May 2024, during a session at the UN Security Council, the Prosecutor of the International Criminal Court (ICC), Karim Khan, disclosed plans to conclude the investigative phase of the proceedings regarding alleged war crimes in Libya by the end of 2025, transitioning into the judicial stage. This “roadmap” outlines activities for the next 18 months, aiming to enhance the impact of ICC actions in Libya. After investigations, efforts will focus on tracking fugitives, conducting trials, and strengthening collaboration with Libyan authorities and international partners. Khan stressed the roadmap’s significance in providing tangible steps towards justice for Libyan victims, emphasising its difference from mere rhetoric. He urged sustained cooperation from Libyan authorities and the international community, highlighting positive developments like visa issuances for ICC officials and the arrival of forensic experts. Khan emphasised the ICC’s impartiality and commitment to international criminal justice, emphasising the importance of upholding the rule of law and protecting vulnerable populations, regardless of political interests, across Libya and other global crises.
UN: Secretary General Deplores Israeli Attack on Rafah in Gaza
On 14 May 2024, UN Secretary-General António Guterres expressed deep concern over the escalating Israeli military operations in and around Rafah in southern Gaza, highlighting the exacerbation of the already dire humanitarian situation and the increased risk to civilian lives. Guterres called for an immediate humanitarian ceasefire, emphasising the need to respect and protect civilians at all times. He also urged the release of all hostages and the immediate reopening of the Rafah crossing to ensure unimpeded humanitarian access throughout Gaza. The UN Palestine refugee agency reported a significant displacement crisis in Rafah, with approximately 450,000 people fleeing the area in search of shelter, often finding refuge in inadequate conditions such as rubble and sand dunes. Displaced families face challenges as they arrive at sites lacking essential amenities like shelter, latrines, and water points. However, improving these conditions is hindered further, as Israel took control of the Palestinian side of the Rafah Crossing on 7 May 2024, limiting the flow of humanitarian aid into the enclave. UNICEF echoed concerns about the impact of the escalation on children, emphasising that they should not be victims of a conflict they did not choose. The organisation urged the swift opening of border crossings and the provision of safe humanitarian access to ensure aid reaches children in Gaza, warning of the potential for even greater tragedy if action is not taken urgently. Despite challenges, efforts to deliver lifesaving assistance persist, with ongoing work to restore health services at medical facilities in Gaza. However, these efforts face additional obstacles, as Israeli settlers reportedly attacked aid trucks bound for Gaza in the West Bank, damaging several vehicles and highlighting the dangers faced by humanitarian operations in the region.
Georgia: Controversial Law Enacted Labelling Foreign-Funded NGOs as ‘Foreign Agents’ Sparks Protests
On 14 May 2024, Georgia’s parliament enacted a contentious law requiring civil society organisations receiving over 20 percent of their funding from international sources to register as “foreign agents,” a term reminiscent of Cold War-era espionage. This legislation has sparked local protests and criticism from international advocacy groups, who argue it suppresses civil society and fundamental freedoms. Amnesty International’s Marie Struthers condemned the law as a violation of Georgia’s international obligations regarding freedom of expression and association. Prime Minister Irakli Kobakhidze defended the law, claiming external pressures against it resembled Soviet-style interference and warning of Western influence leading to societal changes. The EU criticised the law, stating it would hinder the operations of civil society organisations and independent media due to onerous administrative burdens and the negative connotations of the “foreign agent” label. Similar legislation in Russia since 2012 has been used to stifle free press and expression, affecting numerous human rights organisations and independent media.
https://www.theguardian.com/world/article/2024/may/15/georgia-foreign-agents-bill-protest-explainer
France: Paris Holocaust Memorial Targeted by Anti Semitic Vandalism
On 14 May 2024, a memorial in Paris, honouring individuals who helped rescue Jews during the Nazi occupation of France in World War II, was defaced with blood-red handprints. This act of vandalism occurred at the Wall of the Righteous at the Shoah Memorial, amid heightened tensions in France over the Israel-Hamas conflict. Antisemitic incidents have increased in the country, which has the largest Jewish and Muslim populations in Western Europe. Paris Mayor Anne Hidalgo condemned the act as “unspeakable” and filed a complaint with the Paris prosecutor. She emphasised that no cause justifies such actions that tarnish the memory of Holocaust victims and those who saved Jews. Yonathan Arfi, head of the Representative Council of French Jewish Institutions, equated the vandalism to a hateful rallying cry against Jews, evoking the image of terrorists who lynched two Israeli soldiers in 2000. The Wall of the Righteous lists over 3,900 names of those who risked their lives to save Jews in France.
Guinea: Human Rights Report Highlights Protest Repression Victims Face Obstacles in Accessing Healthcare and Justice
On 15 May 2024, Amnesty International reported that protesters in Guinea, opposing constitutional amendments, are facing challenges in accessing adequate healthcare and justice due to unlawful force used by security forces. Since April 22, 2024, at least 47 people have been killed during demonstrations under Guinea’s military junta, the Comité National du Rassemblement pour le Développement (CRND). Over 75% of the victims were under 25, with 40% under 18. Amnesty accused defence forces of abandoning seriously injured victims at protest sites. Amnesty’s report, titled “Wounded Youth: Care and Justice Urgently Needed for the Victims of Unlawful Use of Force in Guinea,” highlighted restricted access to social networks, news websites, and radio signals, infringing on freedom of expression. Guinea has imposed bans on demonstrations, starting with a prohibition on 11 September 2021, followed by a broader ban on 13 May 2022, which limited public demonstrations to ensure social tranquillity and the smooth execution of official activities until election campaigns.
Mozambique: ISIS Affiliated Group Allegedly Abducting and Using Child Soldiers In Northern Mozambique Raids
On 15 May 2024, Human Rights Watch (HRW) reported that an ISIS-affiliated group in northern Mozambique, known as Al-Shabab, is abducting boys and using them as soldiers in their fight against government forces. This group, distinct from Somalia’s Al-Shabab, recruits boys as young as 13 for attacks and looting. From May 10 to 12 May 2024, the group looted shops and warehouses in Makomiya, clashed with government forces, and killed ten people, mostly soldiers. Local residents and humanitarian workers confirmed the presence of children among the militants, many of whom spoke local languages. HRW noted that Al-Shabab abducts boys, trains them at its bases, and uses them in combat, providing military training and Islamic lessons. This recruitment violates the UN Optional Protocol to the Convention on the Rights of the Child, which prohibits the use of children under 18 in military roles by non-state armed groups. The recent attack is part of a broader Islamist insurgency in Mozambique, involving groups like Ahlu al-Sunnah wal-Jamaah (ASJ), Ansar al-Sunnah, ISIS-Mozambique, and Al-Shabab. The insurgency, aiming to establish an Islamic state under Sharia law, began in 2017 and escalated in 2020, posing a continuous threat in the Cabo Delgado province.
https://www.hrw.org/news/2024/05/15/mozambique-child-soldiers-used-raid-northern-town
New Caledonia: France Alleges Azerbaijani Interference in New Caledonia Riots
On 17 May 2024, France accused Azerbaijan of interfering in the recent riots in New Caledonia and spreading anti-French rhetoric on social media, according to a report by the French agency Viginum. The report alleges that Azerbaijan disseminated misleading content blaming France for the situation in New Caledonia. This follows accusations by French Interior Minister Gerald Darmanin that Azerbaijan made agreements with New Caledonian independence activists. Azerbaijan’s foreign ministry denied the accusations and criticised France’s colonial history, attributing the unrest to France’s failed policies in its overseas territories. France, a traditional ally of Armenia, has been at odds with Azerbaijan, especially following Armenia’s decision to cede territories to Azerbaijan, which has led to protests in Armenia. The Baku Initiative Group, an Azerbaijani political entity, condemned France’s new amendment to New Caledonia’s electoral structure, which extends voting rights to long-term residents, including French nationals. The protests in New Caledonia began on May 13-14 after this constitutional change. In response to the escalating violence, New Caledonia has imposed a curfew and banned public gatherings, while France declared a state of emergency on Thursday.
https://www.jurist.org/news/2024/05/france-accuses-azerbaijan-of-interfering-in-new-caledonia-riots/
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