Jurist

San Francisco sues fossil fuel companies

San Francisco on Sept. 20 filed a lawsuit against five fossil fuel companies due to expected expenses the city will incur from global warming. The companies named in the suit are BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell—chosen because they are "the largest investor-owned fossil fuel corporations in the world as measured by their historic production of fossil fuels." The suit claims the companies knew of the effects of fossil fuels on global warming since the late 1970s or early '80s, but nonetheless "engaged in large-scale, sophisticated advertising and public relations campaigns to promote pervasive fossil fuel usage." The suit seeks an order that the defendants fund an abatement program for the building of seawalls to protect San Francisco from rising sea levels.

Ruling for Ghana in Ivory Coast boundary dispute

The International Tribunal for the Law of the Sea ruled (PDF) Sept. 23 in favor of Ghana in a lengthy maritime dispute with Ivory Coast. The case, which was brought to the international body by Ghana in 2014, was an attempt to clarify the boundary between the two countries, as both countries were vying for oil in the contested area. The court unanimously ruled in favor of Ghana, dismissing the claim that Ghana violated the territorial rights of Ivory Coast when it expanded its oil exploration in the area. The ruling definitively creates a boundary, in the form of a straight line running from the land boarder of the two nations. The ruling came in accordance with the UN Convention on the Law of the Sea.

Moscow stonewalls on fate of Holocaust hero

A Moscow district court rejected a lawsuit Sept. 18 filed by a relative of Raoul Wallenberg, seeking to access uncensored documents concerning Wallenberg's death in Soviet captivity. Wallenberg was a Swedish diplomat who is said to have rescued thousands of Hungarian Jews during World War II. Soviet forces detained Wallenberg in 1945, supposedly for espionage, and placed him in Moscow's Lubyanka Prison (then part of the headquarters complex of NKVD, later the KGB). The USSR released a document in 1954 saying Wallenberg died in Lubyanka of heart failure in 1947. The actual cause of Wallenberg's death is still a matter of speculation. Wallenberg's niece, Marie Dupuy, filed the lawsuit against the KGB successor organization, the Federal Security Service (FSB), requesting documents that would shed light on the circumstances surrounding his death.

Turkish court orders release of opposition leader

A Turkish court ordered the release of an imprisoned Peoples' Democratic Party (HDP) parliamentarian on Sept. 7, according to an HDP statement. Ayhan Bilgen is the former speaker of the HDP and had been jailed over allegations of terrorism. The release follows a "Conscience and Justice Watch" at the Constitutional Court building to demand action for those unjustly and unlawfully imprisoned. The current Turkish government has removed and arrested more than 150,000 people after a failed coup last year.

Guatemala: halt expulsion of anti-corruption chief

The Guatemalan Supreme Court on Aug. 29 suspended President Jimmy Morales' order to deport the head of a UN anti-corruption commission from the country. The order came from the president two days after Ivan Velásquez, the Colombian prosecutor who leads Guatemala's International Commission against Impunity, announced he was seeking to lift Morales' immunity from prosecution in order to investigate alleged illegal campaign financing. The Supreme Court quickly halted the deportation, stating that the order was issued improperly. The UN said that it was disturbed by Morales' actions against Velásquez. In protest of Morales' actions, citizens declared a state of siege in the capital, while US ambassador to Guatemala Todd Robinson stated that the president's moves could put at risk a US development plan in Central America to reduce poverty and crime.

India: Islamic 'instant divorce' law unconstitutional

The Supreme Court of India ruled (PDF) Aug. 22 that Islam's "instant divorce" law, which allowed Muslim men to divorce their wives by saying the word "talaq" three times, was unconstitutional. The case was heard by five judges of the court and resulted in a vote of 3-2. The court found that the practice is gender-discriminatory and noted that several countries with sizable Muslim populations do not allow the talaq instant divorce. The court has given a six-month period for the talaq divorce to be redefined or simply done away with altogether. No husband is allowed to use the talaq divorce during this period. The All India Muslim Personal Law Board (AIMPLB) filed an affidavit stating that they will recommend that husbands not utilize the talaq divorce. However, the AIMPLB also stated that they will contest the ruling. The ruling was supported by India's prime minister Narendra Modi.

Afghanistan attacks 'may amount to war crimes'

The UN Assistance Mission in Afghanistan (UNAMA) released a special report Aug. 20 detailing human rights violations committed during attacks on Mirza Olang village (Sayyad district, Sari Pul province) earlier this month. During the three-day assault, Taliban and Islamic State fighters reportedly killed at least 36 people in the predominantly Shi'ite village. Those killed included both civilians and members of a pro-government militia who were unarmed prior to execution. While UNAMA verified the killings and the separation of women and children, it could not verify other claims of beheadings, abductions of women, or sexual assault. Further investigations are required to ascertain whether the attacks amounted to sectarian violence. According to the report, "These killings, corroborated by multiple credible sources, constitute violations of international humanitarian law and may amount to war crimes." The Taliban have rejected the claims and denied the involvement of IS fighters.

Reparations for destroyed Timbuktu shrines

The International Criminal Court (ICC) on Aug. 17 found (PDF) that a former Malian jihadist militant is liable for individual and collective reparations for overseeing the destruction of Muslim shrines in Timbuktu. Ahmad al-Faqi was found liable for 2.7 million euros in expenses. In its order, the ICC stressed the importance of cultural heritage:

Because of their purpose and symbolism, most cultural property and cultural heritage are unique and of sentimental value. As a result, they are not fungible or readily replaceable. The destruction of international cultural heritage thus "carries a message of terror and helplessness; it destroys part of humanity's shared memory and collective consciousness; and it renders humanity unable to transmit its values and knowledge to future generations". It is an irreplaceable loss that negates humanity.

The court noted that al-Mahdi is indigent and encouraged the Trust Funds for Victims to complement the reparations award and submit a draft implementation plan by next February.

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