As Yemen's National Dialogue approaches -- an ambitious effort to reconcile the country's many tribal, political, and sectarian factions as part of its transition from Ali Abdullah Saleh's 33-year rule -- Human Rights Watch has pushed a new issue onto an already crowded agenda: death sentences and executions of juvenile criminals in violation of Yemeni and international law.
In its new report, HRW notes that there are currently "at least 23 young men and women await[ing] execution under death sentences in Yemeni prisons despite having produced evidence indicating they were under 18 at the time of the crimes for which they were convicted." HRW cites an additional 15 potentially underage individuals executed by the government since 2007.
Just as disturbing as the reports of juvenile executions are the descriptions of the juveniles' treatment in prison, which included torture and forced confessions. One imprisoned Yemeni man sentenced to death, who claims he was falsely convicted of a murder he witnessed when he was 15 or 16 years old, told an HRW interviewer:
They beat me with their hands, sometimes they would electro-shock me until I fell down. At that point if they had asked me, "Did you kill one-thousand?" I would have said, "Yes," out of fear.
Another prisoner told HRW:
They'd shackle us like a chicken, put metal between our legs and do falaka. This means beating you with a wooden stick on the bottom of your feet. Of course you'd want to confess anything. They also broke my fingers ... So of course I told them I did it.
The National Dialogue is scheduled to begin on March 18, on the two-year anniversary of a massacre of protesters that inflamed Yemen's protest movement. With two weeks remaining before the Dialogue, concerns remain about the representation of various factions and whether or not enough groups will participate for the Dialogue to be considered credible by most Yemenis.
Brent Stirton/Reportage by Getty Images
When the government of the Philippines announced last month it was taking China to court over territorial claims in the South China Sea, it was seen by some as a surprising but savvy move -- a first step toward establishing some sort of law and order in East Asia's waters, which, up until now have been a sort of aquatic Wild West, with nations planting flags on rocks, roping off shoals, and building up tiny reefs to stake their claims.
The hearing was to determine the validity of China's claims to a wide swath of ocean that encompasses waters near the Philippines, Vietnam, Malaysia and Brunei, among other countries. Manila even generated some buzz by hiring D.C. lawyer Paul Reichler to argue its case, a man who's made his name as a "giant-slayer" in the world of international law for his often-successful track record of suing the U.S. Russia, and Britain on behalf of countries like Nicaragua, Georgia and Mauritius.
Then, on Tuesday, China made clear it had no plans to participate in any international court arbitration. Though the hearing will go on without China's participation, the decision, some may think, doesn't bode well for hopes that China might abide by a ruling that doesn't go its way.
Still, Reichler, who was hired by the Philippines last year, thinks the rising power could come around.
"They're very smart people," he said in an interview last week. "And I think they might come to understand that in the long run their best interests are served by being a responsible member of the international community."
Reichler's faith in the power of international law to wrangle even the largest of powers comes from his success suing the United States. He took America to The Hague on behalf of the Sandinista government of Nicaragua in the 1980s, over U.S. support of the Contras, and won -- an effort that earned him the ire of figures like John McCain. As a result of the victory - and the international pressure that accompanied it -- he says, Congress cut off funding for Contra support.
"It's a very high cost to prestige to be branded as an international wrongdoer and then not comply," he said.
The decision not to take part in the arbitration is "unfortunate," Reichler said in an email (China has long said it doesn't want to its territorial conflicts "internationalized"). "They had an opportunity to demonstrate their commitment to the international legal order, to show respect for its procedures, and to agree to be bound by its rules. Had they seized this chance, they would have proven that they are not only a great power, but a responsible one."
But the pressure on Beijing to comply with an unfavorable ruling - even if it doesn't participate - will still be there, Reichler said.
"To me, China has always denounced imperialism, denounced unilateralism, has denounced violations of the U.N. Charter," he said. "This is an opportunity for China to really show its true colors."
In light of the recent brutal gang rape on Dec. 16, which led to the death of a 23-year-old medical student in India, there have been substantial criticisms of the government for not doing enough to protect women. Protestors say they will continue till they are satisfied that real action is being taken.
But in demanding action, the protesters should keep in mind the people who they're appealing to. According to a recent report, a shockingly high number of members of India's national parliament (MPs) and members of state-level legislative assemblies (MLAs) have actually been accused themselves of crimes against women, including rape.
The Association for Democratic Reforms (an affiliate of the Indian Institute of Management) compiled the report, using the affidavits filed by candidates as part of their nomination papers that are submitted to India's Electoral Commission. In other words, this was all public information at the time these members were elected.
According to the report, in the past five years:
These were hardly the only crimes listed in the report. Other included: assault, murder (one man had 8 charges of attempted murder), defiling a place of worship, promoting enmity between different groups, rioting and dacoity (banditry). Many of these crimes also included violence against women.
The Association for Democratic Reforms has advocated that "cases against MPs and MLAs should be fast tracked and decided upon in a time based manner." This presumably would be similar to the recently inaugurated fast track rape courts created to deter tragic incidents like Dec. 16. Though, in typical fashion, police were late to submit evidence on time (something about difficulty in using a thumb drive).
But with so many accused rapists in government, it's little wonder that it has taken so long for rape to be taken seriously as a problem.
Photo by NARINDER NANU/AFP/GettyImages
Sudanese President Omar al-Bashir stands accused of genocide and crimes against humanity. But on Sunday, he met with Egyptian President Mohamed Morsy in Cairo, where he received a dignified welcome at the presidential palace. A number of human rights organizations including Amnesty International urged Morsy to cancel the meeting -- which covered regional concerns as well as important bilateral issues like livestock trade and water rights in the Nile basin -- or arrest the Sudanese leader upon his arrival. "If Egypt welcomes Omar Al-Bashir it will become a safe haven for alleged perpetrators of genocide," Amnesty wrote in a press release.
Bashir, who was indicted by the International Criminal Court (ICC) in March 2009 for crimes against humanity and then again in July 2010 for three counts of genocide, cannot travel in much of the world for fear of being extradited to the Hague. But Egypt is not a signatory to the Rome Statute -- Jordan, Djibouti, and Comoros are the only members of the Arab League to ratify the ICC's founding charter -- and U.N. Security Council 1593, which referred the Sudanese crisis to the ICC's special prosecutor, merely "urges" non-signatories to "cooperate fully" with the criminal investigation.
In theory, Bashir should fear extradition from all 121 parties to the Rome Statute, but in practice he has been able to travel more or less freely in Africa and the Middle East. Here's a look at the genocidal jet-setter's travel itinerary since he was indicted back in 2009.
ERITREA - March 2009
Only weeks after the ICC issued its first arrest warrant for Bashir, the Sudanese president ventured to Eritrea to visit President Issaias Afeworki, who had invited Bashir in a display of anti-Western solidarity. In his invitation, Afeworki declared the ICC "anti-people" and the indictment a "defamatory conspiracy on the part of external forces."
EGYPT - March 2009
Two days after his visit to Eritrea, Bashir touched down in Cairo for a state visit with Egyptian President Hosni Mubarak. "There is an Egyptian, Arab, African position that rejects the way the court has dealt with the status of the president of Sudan," said Egyptian Foreign Minister Ahmed Aboul Gheit in a press conference.
QATAR - March 2009
Following his visit to Cairo, the Sudanese leader traveled to the annual Arab League summit in Qatar, where Arab foreign ministers endorsed a draft resolution rejecting the ICC's arrest warrant. The week before, Amr Moussa, then the secretary general of the Arab League, had cleared the way for Bashir's arrival when he said, "We in the presidency of the Arab League have a clear position on this request and we totally reject it."
SAUDI ARABIA - April 2009
CHAD - June 2010
Bashir travelled to Chad -- the first Rome Statute signatory to host the Sudanese president since the arrest warrant was issued -- in June 2010 in an attempt to mend relations with its eastern neighbor. Khartoum had previously accused Chad of aiding anti-government rebels fighting in Darfur, but Bashir declared the problem "solved" during his visit, adding that he and Chad's President Idriss Deby "are brothers."
KENYA - August 2010
Kenya, which ratified the Rome Statute in 2005, invited Bashir to witness the signing of its new constitution. An assistant foreign minister later defended Kenya's decision to defy the ICC warrant on the grounds that "Sudan's stability is vitally linked to Kenya's continued peace and well being."
DJIBOUTI - May 2011
After Ismail Omar Guelleh won a third term as Djibouti's president, Bashir attended his inauguration ceremony in May. Djibouti, which was the third Rome Statute signatory to flout the ICC arrest warrant, was referred, along with Chad and Kenya, to the U.N. Security Council for failing to arrest the Sudanese leader.
MALAWI - October 2011
Malawi, which signed the Rome Statute in 1999, hosted the Sudanese president for a trade summit last October. When the ICC demanded an answer for why Bashir had not been arrested, President Bingu wa Mutharika said that it was not his country's "business" to enforce the ICC's ruling. Malawi's new president, Joyce Banda, apparently does not share her predecessor's zeal for flouting international law, and denied Bashir permission to attend the African Union summit in Lilongwe in July 2012.
CHINA - June 2011
Chinese President Hu Jintao welcomed the Sudanese president to Beijing in June 2011. There, in a ceremony in the Great Hall of the People, he gushed about the two countries "traditionally friendly relations" before diving into talks with Bashir about how to keep the oil flowing to China following Sudan's impending partition. Interestingly, Bashir's flight to Beijing was delayed because he was forced to avoid Tajikistan and Turkmenistan, both of which denied him access to their airspace. China is not a signatory to the Rome Statute.
LIBYA - January 2012
Bashir traveled to Libya to meet with Libyan National Transitional Council (NTC) officials last January in order to discuss immigration, among other issues. Libya is not a signatory to the Rome Statute, but the visit sparked outrage from human rights activists who called it "disturbing" and questioned the NTC's "commitment to human rights and the rule of law."
IRAQ - March 2012
Bashir attended the Arab League summit in Baghdad in 2012.
IRAN - August 2012
Bashir made an appearance at the summit of the Non-Aligned Movement in Tehran in August, where, in one of the event's least-publicized moments of irony, he met with U.N. Secretary General Ban Ki-moon.
Correction: Omar al-Bashir has also travelled to Ethiopia several times, the most recent being for the funeral of Ethiopian President Meles Zenawi in September.
Fifty years after Kenya's independence, the British high court opened the second part of a case brought by three Kenyan nationals against the British government today. The trial sheds light on Kenya's gulags, a largely forgotten dark corner of England's colonial legacy.
The plaintiffs -- Paulo Muoka Nzili, Wambuga Wa Nyingi and Jane Muthoni Mara -- were formerly rebels during the Mau Mau uprising against colonial rule. They allege that they were the victims of torture and brutality at the hands of the British administration during the "Kenya Emergency" that lasted from 1952-1960.
According to the BBC, the "claimants' lawyers allege that Nzili was castrated, Nyingi severely beaten and Mara subjected to appalling sexual abuse in detention camps during the rebellion."
The fourth claimant in the original case, Ndiku Mutwiwa Mutua, died in the interim between when the test case was ruled arguable in July 2011 and the opening of the trial.
The lawyers for the Foreign Commonwealth Office (FCO) have argued that the case should be struck down because the lapse in time between the end of the insurgency and the current proceedings is too great. However, a new cache of secret British documents unveiled in April 2012 has shed new light on crimescommitted in Kenya, as well as other former colonies -- and the decades-long effort to cover them up.
The files - which had been purposely withheld from the National Archives and illegally hidden at Hanslope Park, an intelligence station -- were uncovered by historians working on the Kenyans' case. Subsequently, the Foreign Office released all of the records.
The documents include accounts of British officials "roasting detainees alive" in Kenya. The colony's attorney general in 1953, Eric Griffith-Jones, described the internment camps as "distressingly reminiscent of conditions in Nazi Germany or Communist Russia" -- yet nevertheless endorsed British policy, claiming that "if we are going to sin, we must sin quietly."
The Kenyans first requested the release of these documents in 1967, according to an internal FCO review from February 2011 that was made public in May. The review, which explains how the Kenyan request served as a blueprint for refusing such information to all former colonies, details that the files were consciously concealed by the government. They reasoned that releasing any information would set "a dangerous precedent" which would make it "difficult to withhold un-reviewed and potentially sensitive papers from other former colonies."
The Guardian confirmed that the most incriminating of the documents were systematically destroyed. Nevertheless, the remaining incriminating files -- known within the FCO as the 'migrated archives' because they were whisked out of colonial territories before the post-independence administration could take power - total 8,800 files. The Kenyan documents alone total 294 boxes.
As the trial progresses, government fears of "a dangerous precedent" may prove well-founded: this case might very well open up avenues for other colonies to bring legal cases against the former empire.
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Just days after announcing that it would back deputy leader Khairat El-Shater as a presidential candidate in Egypt's upcoming election, the Muslim Brotherhood's Freedom and Justice Party made a pit stop at Georgetown University on Wednesday as part of a "charm offensive." FJP representatives repeatedly emphasized the Islamist party's commitment to fulfilling "the demands of the young people who revolted in Tahrir Square" through promoting democracy, justice, freedom, and human dignity, and insisted that they intend to be "as inclusive as possible."
"With the new Egypt, it doesn't matter anymore what the party wants," said businessman and FJP adviser Hussein El-Kazzaz. "Our compass is not a movement that's internally inward-looking, our compass is now with the revolution.... Our distinct belief is that the country cannot be be run by one faction."
That's why, he explained, the Muslim Brotherhood flip-flopped on its decision to field a presidential candidate:
"We didn't want to nominate someone ... because we didn't want to be monopolizing positions of power at that time..... It's a very different reality now than it was 10 months ago."
Even though the FJP holds over 47 percent of the seats in Egypt's parliament, Member of Parliament Abdul Mawgoud Dardery from Luxor acknowledges that the parliament itself hasn't exactly been smooth sailing:
"It's very tough [to negotiate].... All of a sudden now we are expected to decide ... the fate of our country through a very, very democratic process from which traditions and figureheads are and history and so on are being created as we go."
He added that the members have tried to do "traditional things," like holding meetings and using mediators, but that it's not working "100 percent."
El-Kazzaz also argued that the Freedom and Justice Party seeks to take a "middle ground" when it comes to the existential struggle between secular liberalism and traditionalism:
"We have a tradition that needs to be respected ... but we cannot ignore human civilization ... Europe has great things to offer, the United States has great things to offer, let's look at them and choose what we like, leave what we don't like."
If only it were that easy. Unfortunately for the FJP's philosophies of inclusion and finding a middle ground, it appears that Islamists are set to dominate Egypt's constitutional committee, a crisis that's already alienating the country's minority groups.
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A two square mile patch of grassland on the border between Thailand and Cambodia, surrounding the 11th-century Hindu temple of Preah Vihear, has been a regional flashpoint for decades. The skirmishes have escalated in recent years and both countries maintain hundreds of troops along the border. But the fighting could quiet down soon if the sides agree to a ruling today by the U.N.'s International Court of Justice. The court declared that a demilitarized zone should be established immediately in the region surrounding the temple, outlined here in diagrams from the Bangkok Post. The two countries have indicated they would abide by the decision.
With the U.N. ruling, the area surrounding Preah Vihear joins a handful of other demilitarized zones around the world. The most famous of these has divided North Korea and South Korea since the end of the Korean War in 1953. The zone has played an important role maintaining the uneasy peace between the two countries, while also serving as a surprisingly effective wildlife refuge for a number of northeast Asia's endangered species. A similar phenomenon has emerged in the buffer zone established under U.N. control in 1974 between Cyprus and the Turkish Republic of Northern Cyprus, a breakaway region recognized only by Turkey.
Israel also deals with its share of DMZs -- one at the Golan Heights, where U.N. forces have maintained the ceasefire between Syria and Israel since 1974, and one at the Sinai Peninsula. But the latter now contains Egyptian soldiers deployed with Israel's permission during the chaos of the Arab Spring, after Bedouin tribesmen started bombing gas lines in the region to protest their treatment at the hands of the Egyptian government. Israel imports 40 percent of its gas from Egypt.
Looking for the next emerging DMZ? The two Sudans agreed in late May to set up a demilitarized zone along their border, but the details are still very much in the works. Conflict continues to brew over the contested region of Abyei, which lies in the middle of the border. Without a resolution to the dispute, the DMZ there could be a long ways off.
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All eyes in the Middle East are on Iran, but it may be Lebanon that is closer to war. On Sunday, the former head of Lebanese General Security, Gen. Jamil al-Sayyed, announced that he had been informed by his lawyer that a Damascus court had issued arrest warrants for 33 figures for misleading the international tribunal charged with bringing the killers of former Lebanese Prime Minister Rafiq Hariri to justice. One of those individuals was a former chief investigator of the U.N.-led investigation itself, Detlev Mehlis. But in comments to Foreign Policy, Mehlis poured cold water over the truth of Sayyed's claims, and suggested that he has no intention of backing down from his work in Lebanon.
Sayyed has a particular axe to grind in this case: He was imprisoned for over four years on suspicion of being involved in Hariri's killing. And the man partially responsible for putting him behind bars was none other than Mehlis, who asked Lebanese authorities to arrest him along with three other pro-Syrian generals.
"I should mention that I am not aware of any investigation against myself and members of my previous UNIIIC-team anywhere in the world," Mehlis said. "I realize that Mr. Sayyed has brought up the story of an arrest warrant, just as he brought up the story of a French arrest warrant a year ago, and I do not believe a word of what he is saying. "
The Syrian government has so far yet to confirm whether an arrest warrant has been issued. But even if one has, Mehlis left little doubt about the opinion of such a document. "If indeed there is a Syrian arrest warrant, it would be baseless, illegal, and politically motivated, without any practical implications," he said.
As the showdown over the tribunal heats up, Mehlis's work has been fiercely attacked by the court's critics in an attempt to discredit the entire enterprise. As Syria and Hezbollah attempt to use their increased leverage within Lebanon to scuttle the court entirely, there is no doubt that such condemnations will continue. The only real question is whether anyone will speak out against them.
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Enter the cells of the Badam Bagh prison in Kabul, Afghanistan, and what culprits will you find locked up inside? A 16-year old recipient of an unplanned marriage proposal, a pregnant wife irrationally accused of adultery, and a veiled old woman who just displayed a "bad attitude."
These unlikely suspects were accused of "moral crimes," a new category of infractions for which half the incarcerated females in Afghanistan are held. The "immoral" misdemeanors also include refusing to marry, resisting rape or being raped, and -- especially devastating in light of prevalent and severe domestic violence that compels many women to flee belligerent spouses -- running away from home. Numerous "moral crimes" do not actually violate or even pertain to penal code; but this grouping of offenses requires no codification. Rather, they are loosely described as violations of Sharia law, however the accuser may choose to interpret it. In other words, "moral crimes" altogether lack definition, merely subscribing to a "You'll know it when you see it" kind of classification that allows discrimination to infiltrate the legal system.
In some respects, conditions for impounded women have actually improved. Hundreds of female inmates were previously held with male inmates at the notoriously inhumane Pul-e-Charki prison; but after parliamentary reports revealed the frequency of rape within its walls, the reportedly cozy Badam Bagh -- in which women can move freely, take computer classes, and sew and sell handcrafts -- was built. Clearly once detained, the women aren't subject to any kind of "Black Jail," where beatings, sleep deprivation, and isolation in cold cells are daily protocol.
But the reasons behind their detentions remain discriminatory and cruel. These ill-fated women, jailed with their children for what can be indefinite periods of time, are surely suffering from the crackdown on "moral crimes" -- the enforcement of which propagates the notion that immorality is inherent to the female sex.
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When hate crimes strike the Dutch capital, the police officers head to the costume store. Amsterdam's law enforcement regularly disguises themselves as members of a persecuted faction, patrols the streets incognito, and then arrests any violent perpetrators they encounter. In response to a spike in muggings, officers posed as pensioners and "grannies"; to combat harassment of the homosexual community, officers of the same sex acted affectionate in public. Now Dutch police will go undercover again -- this time with the earlocks and black top-hats of ultra-orthodox Jews.
Proposed by a Dutch Muslim legislator, the new James Bond-like approach to fighting anti-Semitism comes in the wake of a sharp rise in anti-Semitic attacks, reportedly instigated most frequently by Moroccan immigrants. The Jewish population in the city, numbering at 40,000, has indeed seen these attacks double from 2008 to 2009 - an increase attributed in large part to the Gaza Strip military offensive in January of 2009. Reported incidents range from punishable internet hate speech in the region to verbal tormenting and severe physical assaults on the streets. This past weekend, a Jewish broadcasting company followed a skullcap-donning rabbi through city streets with a candid camera; the footage revealed many young men shouting ethnic slurs at the rabbi and gesturing with Nazi salutes as he passed by.
A debate persists in the city over whether the police force's proposed clandestine operations are really capable of tackling the underlying prejudice festering in Amsterdam, or whether they merely reify superficial stereotypes and circumvent the rudimentary issues at stake. Many -- the former city mayor among them -- argue that awareness and education is the expedient solution. Either way, with the Jewish community suffering the brunt of mounting violence in Amsterdam, it probably couldn't hurt for an otherwise oblivious citizen to walk a mile in a rabbi's kippah - even if just while on patrol.
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When Justice John Paul Stevens retires this summer he will have served longer than any Supreme Court Justice in history save one -- William O. Douglas. In his decades on the court, Stevens has had a profound influence on several issues -- including one of the central aspects of recent U.S. foreign policy: the "War on Terror".
Stevens has made a couple landmark decisions regarding alledged terrorist detainees from the wars in Afghanistan and Iraq. The first one, Rasul v. Bush, was decided in 2004. He wrote the majority opinion in the case, finding that foreigners held in Guantanamo Bay are under the jurisdiction of federal courts, saying, "They have never been afforded access to any tribunal, much less charged with and convicted of wrongdoing; and for more than two years they have been imprisoned in territory over which the United States exercises exclusive jurisdiction and control." This meant that prisoners could now challenge their detainment through legal channels.
Two years later, in 2006, Stevens wrote the majority 5-3 decision in Hamdan v. Rumsfeld. The ruling curbed executive power by arguing that the government had to follow U.S. laws and the Geneva conventions when detaining prisoners of war. Moreover, because neither the president nor Congress has the authority to authorize military tribunals when they can be avoided, they are illegal in this case. When speaking about the use of military tribunals, Stevens argued:
The danger posed by international terrorists, while certainly severe, does not by itself justify dispensing with usual procedures.
Because the procedures adopted to try Hamdan do not comply with the uniformity requirement of Article 36(b), we conclude that the commission lacks power to proceed.
For similar reasons, the commission lacks power to proceed under the Geneva Conventions, which are part of the law of war under Article 21 of the UCMJ.
Common Article 3 of those conventions, which we hold applicable to this case, prohibits the passing of sentences without previous judgment by a regularly constituted court, affording all the judicial guarantees recognized as indispensable by civilized peoples."
With the legal questions surrounding Gitmo far from settled, Stevens' absence will certainly be felt.
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It's well known that America's immigration system has its problems. But the travails of 30 survivors of January's earthquake in Haiti may take the cake for complete ineptitude and inhumane treatment.
In the wake of the complete devastation of the country, the humanitarian crisis contributed to a totally chaotic environment. A group of survivors, many of whom had lost loved ones in the quake, and some of whom had been pulled from the rubble themselves, boarded a plane to Florida after given permission by U.S. marines. Aftershock quakes were feared, and the evacuation process from Port-au-Prince airport was less than orderly: obviously, the priority was on saving as many lives as possible. It's no surprise that normal visa procedures weren't followed precisely.
Upon landing, the thirty Haitians (none of whom, according to theNew York Times, have criminal histories) were taken into custody and held for deportation -- despite the fact that all deportations to Haiti were suspended in the wake of the tragedy. Two months later, they're still in jail.
The story's already a massive fail, yet it gets even worse. Some of the refugees have U.S. citizen family members, who have pleaded with the government to allow the detainees to stay with them. Yet the Haitians still remain in jail. They've received no mental health care -- I wonder, could these people be suffering from post-traumatic stress disorder after their entire country was wrecked by a massive earthquake, killing hundreds of thousands? -- despite offers of free treatment from local clinics. Certainly, the following doesn't make it sound that they're mentally scarred at all:
The youngest detainee, Eventz Jean-Baptiste, 18, has no parents. “He is now responsible for his two younger brothers, who are homeless and living in a tent city in Port-au-Prince,” Charu Newhouse al-Sahli, the statewide director of the advocacy center, wrote in urging his release to his aunt and uncle in Coral Springs, Fla.
Mr. Jean-Baptiste describes putting his little brother and a cousin’s baby on top of a collapsed concrete wall during the quake, as they all prayed and cried. Afterward, “we had nothing to eat or drink,” he said. “I thought if I stayed in Haiti any longer I would not survive, and my family would not survive, so I decided to try to board a plane.” No one asked him for papers until he reached Orlando, he said.
Brian P. Hale, a spokesman for Immigrations and Customs Enforcement, gave the Times this wonderfully caring quote:
In order to mitigate the probability that Haitians may attempt to make a potentially deadly journey to the U.S., we clearly articulated that those who traveled to the U.S. illegally after Jan. 12 may be arrested, detained and placed in removal proceedings.
This shouldn't be a hard fix.
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It seems like Uganda is taking two steps forward and one step backward
this week in terms of securing human rights for its citizens. Amid
growing debate regarding the national Anti-Homosexuality Bill, the Ugandan parliament unanimously passed
a law which not only outlaws the practice of female genital
mutilation, but imposes a strict punishments of ten year to life-long
sentences for convicted perpetrators.
Not a single parliamentary member spoke against the bill, and Francis Epetait, Uganda's shadow health minister explained the reasoning:
"This practice has left so many women in misery. So we are saying no. We cannot allow women to be dehumanised."So as gender activists celebrate in Uganda, national rights advocates still cringe as the likelihood of the passage of the Anti-Homosexuality Bill looms nearer. The Ugandan Civil Society Coalition on Human Rights and Constitutional Law released a statement yesterday to mark International Human Rights day in which they call the pending bill an "unprecedented threat to Ugandan's human rights:
“Uganda today stands at a crossroads. We can either turn further towards an agenda of divisionism and discrimination, and pay the costs in terms of internal suppression of our own citizens coupled with international isolation and marginalization, or we can embrace diversity, human rights and constitutionalism.”
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It appears you can talk all manners of trash about the vilest and most murderous despot the world had ever known. Is there no justice?
Josef Stalin's grandson, Yevgeny Dzhugashvili, sued a Russian newspaper for libel after it claimed Stalin personally ordered the killing of Soviet citizens. He requested an apology, and of course, some money. But alas, the courts threw it out and it appears it wasn't even a show trial. For shame. Dzhugashvili has five days to appeal, thus saving the glorious image of his grandfather.
Stalin starved millions of Ukrainians to death during his attempt at collectivization, jailed and murdered dissidents and even those suspected of possibly being dissidents. He institutionalized the Gulag, killed every single other official from the beginning of the revolution and ended up ordering more deaths in one day than Pinochet did in his entire reign. He turned neighbors against each other and forced poor Soviet schoolchildren to read his feeble attempt at prose.
But Dzhugashvili doesn't think we need to bring that up.
The BBC reports that many think the libel case was a way for the Kremlin to try to rehabilitate Stalin's image.
The ruling further proves that you can criticize leaders in Russia all you want, just not the current ones.
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After Silvio Berlusconi's lawyers broke out the "Animal Farm" defense that the prime minister should be first above equals, the Constitutional Court had heard enough, and today they stripped Berlusconi of his immunity.
The prime minister's camp has already called the shocking ruling politically motivated. And the opposition has resumed calls for him to resign. Berlusconi maintains that he will not step down, and that the immunity law protected him from distractions brought upon him by the judiciary.
As of now, none of the three frozen cases have been re-opened; however it may be a matter of time until Berlusconi finds himself on trial for a seventh time.
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In 2007, the London Review of Books published a piece entitled "Inconvenient Truths" about the conviction and subsequent appeals of Libyan intelligence agent Abdelbaset Ali al-Megrahi for the bombing of Pan-Am flight 103. The article, written by Hugh Miles, explained that even at the time of the conviction there were many questions, and that al-Megrahi's appeal (which he withdrew in order to be released on medical grounds last week) had a chance of succeeding.
Lawyers, politicians, diplomats and relatives of Lockerbie victims now believe that the former Libyan intelligence officer is innocent. Robert Black QC, an emeritus professor of Scottish law at Edinburgh University, was one of the architects of the original trial in Holland. He has closely followed developments since the disaster happened and in 2000 devised the non-jury trial system for the al-Megrahi case.
Evenbefore the trial he was so sure the evidence against al-Megrahi would not stand up in court that he is on record as saying that a convictio nwould be impossible. When I asked how he feels about this remark now, Black replied: ‘I am still absolutely convinced that I am right. No reasonable tribunal, on the evidence heard at the original trial, should or could have convicted him and it is an absolute disgrace and outrage what the Scottish court did.’
In this context the outrage over al-Megrahi's release by Scotland last week--because he has terminal cancer --might need to be reevaluated. The same goes for resultant anger over Libyan leader Muammar al-Qaddafi's visit to the U.N. and New York in September. Following up on the London Review of Books' blog this week, Glen Newey makes the astute, if impolitic point that the release, and drop of al-Megrahi's appeal, was likely best for the political fortunes of everyone involved:
It served nobody’s interests to have the Lockerbie bombing conviction debated in open court. Hence the great good fortune of al-Megrahi’s terminal prostate cancer, which sped his release from Greenock. With a ‘compassionate’ wave of the biro, the SNP administration has rid itselfof a high-profile prisoner with an unsafe conviction and enhanced, orcreated, its international profile. The UK government can keep in withthe Libyans and protect its commercial contracts, on the plea ofrespecting devolved powers. Meanwhile, in a rerun of the Cold War great game, we need to oil our way into the Colonel’s tent ahead of the Bear: recently Russia has been angling for a naval base in Benghazi. So even the Obama administration has reason to mute its complaints. It’s almost enough to make one believe in divine providence.
None of this, of course, is any consolation to the families of the bombing victims, but it gives a very plausible explanation for what might be going on behind the scenes.
To be clear, it is unlikely officials could fake the cancer diagnosis and Al-Megrahi does not look very well in the photos of his departure from Scotland. But well, who knows? Maybe he'll make a miraculous recovery at home in Libya.
DANNY LAWSON/AFP/Getty Images
German Judge Albert Bartz has taken issue with laws that ban drivers from talking on handsets while driving but do not address many other potentially more distracting activities, including sexual activity.
"The police have no legal basis for taking action against a driver who is, for example, letting their left hand dangle out of the open car window while they use their right hand to work on a laptop that's sitting on the passenger's seat and steer the car with their thighs," Bartz said. "In my opinion, the current legislation is outdated."
The judge considered the law while handling the case of a man who appealed his fine for talking while driving. Bartz insists however that he does not have personal motivation for his legal position.
Bartz emphasized that he has never been caught using his mobile phone in the car and that he also avoids other risky activities while driving. As he told the mass circulation daily Bild: "Sex at the steering wheel is strictly off-limits for me."
Bartz forwarded the statute on to Germany's highest court, the Constitutional Court in Karlsruhe, for further review.
Peter Macdiarmid/Getty Images
It isn't just Congress that's stalling Barack Obama's hopes for closing the U.S. detention center at Guantanamo Bay.
Ordinary Americans favor keeping Gitmo open by a two-to-one margin, according to a new USA Today/Gallup survey released today. The survey, conducted by phone among 1,015 adults, also suggests that a sizeable number think Gitmo's helped make the country safer:
By 40%-18%, [respondents] said the prison had strengthened national security rather than weakened it.
Those who want the prison to remain open feel more strongly on the subject tha[n] those who want to close it. A 54% majority of those polled say the prison shouldn't be closed, and that they'll be upset if the administration moves forward to close it."
All of Assistant Attorney General Jay Bybee's just-declassified memo on the interrogation of Al Qaeda commander Abu Zubayda makes for pretty chilling reading. But for me, the extensive discussion over the circumstances under which it would be permissible to lock him in a box with an insect (he apparently was known to have a fear of them) really stands out as evidence of officials having completely lost touch with reality:
In addition to using the confinement boxes alone, you also would like to introduce an insect into one of the boxes with Zubaydah. As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a harmless insect in the box, such as a caterpillar. If you do so, to ensure that you are outside the predicate act requirement, you must inform him that the insects will not have a sting that would produce death or severe pain. If, however, you were to place the insect in the box without informing him that you are doing so, then, in order to not commit a predicate act, you should not affirmatively lead him to believe that any insect is present which has a sting that could produce severe pain or suffering or even cause his death. [Redacted section] so long as you take either of the approaches we have described, the insect's placement in the box would not constitue a threat of severe physical pain or suffering to a reasonable person in his position.
The rest of the memos are here.
It's been a tense day for constitutional lawyers, national security reporters, and foreign policy wonks. Why? This afternoon, the Obama administration intends to release memos relating to the controversial "enhanced interrogation" policies of CIA officers in overseas prisons.
There have been careful negotiations between the CIA, Justice Department, and White House over the contents of the release, and it seems the officers involved have been granted immunity from prosecution as a result.
The full set of documents should be released here sometime within the hour.
Update: The only redactions are the officers' names.
Update: Read the memos here.
Scott Horton reports that Spanish prosecutors will indict high-ranking members of the Bush administration over allegations of detainee abuse and torture.
The six are: former Attorney General Alberto Gonzales; former head of the Office of Legal Counsel Jay Bybee; former OLC lawyer John Yoo; former Defense Department lawyer William J. Haynes II; David Addington, a former adviser to Vice President Dick Cheney; and former Undersecretary of Defense Doug Feith.
Horton explains the context of the case:
The case arises in the context of a pending proceeding before the court involving terrorism charges against five Spaniards formerly held at Guantánamo. A group of human-rights lawyers originally filed a criminal complaint asking the court to look at the possibility of charges against the six American lawyers. Baltasar Garzón Real, the investigating judge, accepted the complaint and referred it to Spanish prosecutors for a view as to whether they would accept the case and press it forward. [They found sufficient evidence.]
The case won't come before Judge Real, though; he also was involved in a terrorism case against the five Spaniards held in Guantanamo.
What does it all mean?
Well, John Yoo won't be vacationing on the Costa del Sol this summer. Were any of the Bush Six to step foot in Spain, they would be arrested.
More importantly: Spain has said that it would drop the cases if the United States would investigate the claim. Thus far, the U.S. Department of Justice and the White House haven't responded. But the indictment may force the administration's hand, spurring a response to the allegations.
For, ultimately, the issue may have more political potency than judicial importance. It's up to U.S. President Barack Obama to dictate whether and how the strong allegations of legal abuses in the Bush administration will be resolved.
There's a lot of competition for top crises these days -- what with Somali pirates going overboard, Pakistan and Afghansitan looking increasingly perilous, Mexico's chaos scarily peering over the border...
But I vote for adding Nigeria to that very pressing list of concerns.
A new report released today, puts last year's death toll from unrest in the oil-producing Niger Delta region at 1,000. The almost-guerrilla war dragged the economy down by $20.7 billion in lost oil revenue, with little sign of abating in 2009. With oil prices already lower, government revenues are falling. More worrisome -- the rebels in that region who earn most of their cash from oil bunkering will be short on dough, inspiring more of the kidnappings-for-ransom that already breached the 300 mark in 2008. NGO workers on the ground tell me that things will really heat up if the prices (or the oil production levels) drop much lower.
To add another twist, the main rebel group in the region, the Movement for the Emancipation of the Niger Delta (MEND), today e-mailed a statement rejecting an amnesty offer that members of the ruling party allegedly proposed. In classic form, the rejection is colorful:
The Movement for the Emancipation of the Niger Delta rejects this evil agenda by the [ruling party] PDP and its cohorts and vow never to sell our birth right [to Nigeria's oil] for a bowl of porridge."
The deal itself was even more interesting: the government would provide fighter amnesty, prisoner release, and huge payouts to MEND in exchange for a rebel promise to help rig the coming elections in favor of the ruling party. That offer may well be an exaggeration on the part of the rebel spokesman. Then again, given Nigeria's rather wretched election history... it might not.
Why should this mess end up in the top echelon of global worries? Don't forget: Nigeria is the third largest oil supplier to the United States. And when regional powerhouses go down in flames, it can't bode well for any of the unlucky neighbors -- many of whom are recovering from their own bouts of conflict.
PIUS UTOMI EKPEI/AFP
Congratulations Omar al-Bashir! You have just been indicted by the International Criminal Court on five counts of crimes against humanity and two counts of war crimes. You are the first sitting head of state to be wanted for arrest. Human rights groups, and even the ICC-skeptical United States, applaud the announcement. What are you going to do next?
There are two broad possibilities for how things might unfold. For the first time in history, the world will get to watch how a sitting head of state reacts to such damning charges.
First, there is defiance, and retaliation. The outcomes that Sudan watchers have feared are now on the table in the central African country. As the International Crisis Group writes in a statement today:
Bashir’s regime has already issued veiled threats against the UN and AU missions in Sudan, the international humanitarian agencies operating there and Sudanese who support the ICC prosecution. It could also direct, or encourage, violence against the millions of displaced Darfuris living in camps in the war-torn region. There are signs that it may also declare a state of emergency and clamp down on internal political opposition, to show the Darfur rebel groups that they will not be able to use this development to their military and political advantage.
It could get ugly. In the worst-case scenario, experts see Bashir consolidating his power, kicking out aid workers, stepping up repression in Darfur, and even squashing the Comprehensive Peace Agreement between the North and South signed just a few years ago.
But then again, as Luis Moreno Ocampo, the court's prosecutor, told FP just a few weeks ago, "For people in Darfur, nothing could be worse [than it is now]." Justice, at least, puts pressure on Bashir's upper cadre, and shows the people of Sudan that their leader is no longer immune. Negotiations with Darfur rebel groups, which were reopened on Feb. 17, will have to find a new interlocuter, says Ocampo. But that could be a good thing.
Overnight, the stakes have changed in Sudan. Justice looks possible, impuntity looks over, and internal unrest looks likely. What next?
You know where the Obama administration shouldn't send any Gitmo detainees? Greece.
That's the only conclusion one can draw from the above video of two convicts escaping from a maximum security prison in Athens by rope ladder and helicopter. What makes it worse is that the same two guys -- armed robber and kidnapper Vassilis Paleokostas and his Albanian sidekick Alket Rizai -- escaped from prison in the exact same Jerry Bruckheimerish fashion in 2006.
All in all, it's not a great showing for the Greek justice system. This may even top the great jihadist toilet paper jailbreak that shocked Singapore last year.
The three men accused of playing a role in the 2006 murder of Russian journalist Anna Politkovskaya were acquitted today. While it would be great to see Politkovskaya's killers brought to justice, that clearly wasn't going to happen at this trial anyway. None of the three Chechen men on trial were accused of actually killing the journalist, who was known for her fearless and critical coverage of Russia's war in Chechenya. The L.A. Times' Megan Stack wrote shortly before the verdict:
There is a pervasive sense that the trial is tangential, that the evidence is patchy and that the Russian government has only skimmed the edges of the crime rather than dug at its roots.
Conspicuously missing from the cramped courtroom is anyone accused of pulling the trigger or ordering or paying for the slaying. Lawyers say evidence has linked the crime to the FSB, domestic successor of the KGB, but has failed to reveal how far up the ranks of intelligence services the plan to kill Politkovskaya reached.
Whether these men played a role or not, a conviction in this "chaotic, confused and even farcical" trial would probably have actually set back the campaign to find and prosecute the actual killers. Politkovskaya's newspaper, Novaya Gazeta, is currently conducting its own investigation. That one may aim a little higher.
BORYANA KATSAROVA/AFP/Getty Images
Chuckie Taylor, the son of former Liberian warlord-turned-president Charles Taylor, was sentenced to 97 years in prison today for convictions of conspiracy, torture, and firearm possession by a federal judge in Miami. He was "lucky" to get just 97 -- prosecutors were seeking 147 years.
Name doesn't ring a bell? The case of Chuckie Taylor was one of our "Top Ten Stories You Missed in 2008", and his trial is important for two reasons. First, Taylor's trial is the first conviction from a 1994 law allowing the U.S. to prosecute American citizens and anyone on U.S. soil for torture committed abroad. Taylor is a U.S. citizen, (he was born while his father lived in the United States) and tortured hundreds of Liberians during as commander of the so-called "Demon Forces," a special security unit meant to protect his father, the President, from 1999 to 2003. The precedent is now set for more cases to follow.
Chuckie Taylor's trial is also important for Liberia. This is the first and only conviction in a war crimes trial for the war in Liberia; no tribunal has been setup in that country. Like father like son -- Charles Taylor Sr. is on trial in the Hague for crimes against humanity, as well.
So don't miss the Chuckie Taylor story this time around. And catch-up our other missed stories from 2008 before they crop up again.
Small island nations have been one of history's consistent political losers. Precisely because they are so small, they lack the power to resist domination by larger powers.
After seizing the Marshall Islands from Japan during World War II, the United States proceeded to use the the islands as a site for over 100 atmospheric nuclear tests. Decades of litigation resulted in only paltry compensation for the disposessed islanders.
The British expelled thousands of Chagos islanders from their homeland in the 1960s to make way for a military base and recently refused them the right to return to their tiny island in the Indian Ocean. The grounds? It would be too expensive to relocate them.
Nowadays, it is through pollution and global warming that world powers most threaten small island nations. If current trends hold, many inhabited islands will be submerged completely due to rising sea levels. Assuming large states are unwilling to reverse this trend by implementing drastic pollution controls, we have to ask: Will they compensate islanders for eliminating their territories altogether, and how?
[S]catter his people of about 100,000 through the nations of the world as rising sea levels swallow up their native island.
Risse justifies this solution by invoking the 17th-century ideas of Hugo Grotius, who argued that the Earth should be viewed as owned collectively by humanity. If we take this view, states are obligated to accept immigrants whose ownership rights have been infringed upon because their home territories no longer exist. This raises the further question: Are states that contribute more to global warming more obligated to accept the resulting refugees?
This is all abstract, normative philosophy that rests on a contestable assumption; Risse theorizes about about what governments should think and do rather than what they in reality do think and do. But these issues might end up in court. Such philosophical arguments would then play an important role in determining the fate of the many islanders soon-to-be made homeless by global warming.
Photo: TORSTEN BLACKWOOD/AFP/Getty Images, Wikipedia
I'll admit that the FBI has put together some very suggestive information about Bruce Ivins, the anthrax researcher who committed suicide last week. The key document is this one (pdf), an affadavit for a search warrant, in which Postal Inspector Thomas F. Dellafera informs us that Ivins was under suspicion for the following reasons:
(1) At the time of the attacks, he was the custodian of a large flask of highly purified anthrax spores that possess certain genetic mutations identical to the anthrax used in the attacks; (2) Ivins has been unable to give investigators an adequate explanation for his late night laboratory work hours around the time of both anthrax mailings; (3) Ivins has claimed that he was suffering serious mental health issues in the months preceding the attacks, and told a coworker that he had "incredible paranoid, delusional thoughts at times" and feared that he might not be able to control his behavior; (4) Ivins is believed to have submitted false samples of anthrax from his lab to the FBI for forensic analysis in order to mislead investigators; (5) at the time of the attacks, Ivins was under pressure at work to assist a private company that had lost its FDA approval to produce an anthrax vaccine the Army needed for U.S. troops, and which Ivins believed was essential for the anthrax program at USAMFUID; and (6) Ivins sent an email to [redacted] a few days before the anthrax attacks warning [redacted] that "Bin Laden terrorists for sure have anthrax and sarin gas" and have "just decreed death to all Jews and all Americans," language similar to the anthrax letters warning "WE HAVE THIS ANTHRAX . . . DEATH TO AMERICA . . . DEATH TO ISRAEL."
I'd like to hear some scientific experts weigh in on #1, which is the only non-circumstantial piece of evidence here. The Feds have more damning stuff, too, such as this bit about the anthrax letters noted by the New York Times:
[S]earches of Dr. Ivins's home in Frederick, Md., turned up "hundreds" of similar letters that had not yet been sent to media outlets and members of Congress.
But here's something Bloomberg caught about Ivins's late-night work habits:
The spike in his evening hours began in mid-August, almost a month before the Sept. 11 attacks, investigators said.
So, he was working on all this before 9/11? What's that all about?
Yesterday, a shorn and shaven Radovan Karadzic faced his first day in court at the International Criminal Tribunal for the former Yugoslavia.
The Karadzic arrest has been hailed as a pivotal turning point in Serbia's path to EU cooperation and accession. But although Karadzic was captured in Serbia, his crimes were in creating the ethnically divided state that is Bosnia. And in Bosnia today, the story remains less than comforting.
In a compelling call for a revitalization of international efforts in the still-fractured country, Paddy Ashdown, former head of the Office of the High Representative in Bosnia, explains:
Bosnia's predominantly Serb entity, Republika Srpska, Karadzic's creation, has seen the vacuum where will and policy should be. Its premier, Milorad Dodik, is now aggressively reversing a decade of reforms. He has set up the parallel institutions and sent delegations to Montenegro to find out how they broke away….
Meanwhile, in European capitals the growing view goes like this. We invested 13 years of hard work and huge resource in Bosnia. Now it is stable and peaceful and we are rather tired. Kosovo has proved it is possible to divide a country. What matter if Bosnia becomes another Cyprus?…
This is folly of a very dangerous order. What happens to the Muslim populations who have moved back to Republika Srpska, even to Srebrenica, if they are handed back to an exclusively Serb-dominated regime? What happens to Bosnia's shining star, the multi-ethnic, markedly successful sub-entity of Brcko, hemmed in by Republika Srpska? Is it to be handed over, too? I do not believe Bosnia is likely to go back to conflict; most of its people are just too war-weary. But the one event that could change that calculation in favour of blood would be to return to the old Karadzic/Milosevic plan to divide Bosnia.
But minus those few returnees and that one "shining star," Bosnia is divided, functioning largely as two separate, ethnically split states. Yes, it's a sad fact -- one that U.N. peacekeepers allowed to materialize between 1992 and 1995, and one that any international efforts will be hard pressed to undo.
It's no wonder the celebration over Karadzic's arrest in Bosnia has been short-lived. For as Bosnian novelist Aleksandar Hemon concludes in an excellent NYT op-ed, "Justice is good, but a peaceful life would have been much better."
This week's arrest of the Bosnian-Serb war criminal Radovan Karadzic has made headlines almost as big as those announcing the arrest of Slobodan Milosevic back in 2001. The shocking photos of Karadzic disguised as a bearded Dr. Dabic have painted the whole story ridiculous; statements from Brussels highlighting the arrest as a milestone trumpet the news that Serbia has really chosen a European future; and re-reported accounts from Bosnian Muslim victims have added an element of remorse for the fact that justice had not been brought sooner. But a lesser story today, that of Dinko Sakic, illustrates the long-term significance of Karadzic's overdue arrest.
Sakic, the last living commander of Jasenovac, the Croatian World War II concentration camp, died this week. Long after fleeing to Argentina, where he lived a rather vocal life in support of Croatian nationalism, Sakic was eventually tried and found guilty of killing thousands of Serbs and Jews -- but not until 1999, decades after his crimes were committed and years after those very crimes were used by Croat and Serb leaders alike to stir up nationalist fervor and inter-ethnic fear during the last bloody days of Yugoslavia.
Fortunately the losses at Srebrenica and Sarajevo will not go the way of Jasenovac, whose significance and death toll still remain in question. Thanks to the work of the ICTY, the former Yugoslavia's crimes of the 1990s have been investigated and documented in great detail, leaving far less room for future finger-pointing and fear-mongering. And with the EU promising future membership to all the countries of the Western Balkans, they'll need all regional stability they can get.
For more reflections what Karadzic's capture means, check out FP's interview with Richard Holbrooke, the man who did as much as anyone to bring peace to Bosnia. He's thrilled:
I got the news on a train from New York to Washington. I’ve rarely been so excited about any news event in a positive sense. The world gets so much bad news, and to bring this man to justice, this terrible man, ranks right up there with capturing Saddam Hussein.
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