Judge Victoria Roberts of the US District Court for the Eastern District of Michigan ruled July 9 that a lawsuit by the Arab American Civil Rights League against the Trump administration's Proclamation No. 9645, the third iteration of his "travel ban," which restricts travel from seven countries, can move forward. The Proclamation states that, after consultation with the Director of Homeland Security and the Attorney General, and based on their assessment of threats against the United States from nationals traveling from the seven enumerated countries, "entry should be subject to certain restrictions, limitations, and exceptions." The administration sought to have the lawsuit dismissed based on the Supreme Court's ruling in Trump v. Hawaii, in which the court held that under §1182(f) of the Immigration and Nationality Act, the president is granted broad discretion to lawfully decide "whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions." Roberts held in the present case that, "although the Proclamation is facially neutral, its impact falls predominantly on Muslims."
The Supreme Court on June 10 denied certiorari in the case of Moath Hamza Ahmed al-Alwi, a Yemeni who has been held as an "enemy combatant" at Guantánamo since 2002. Al-Alwi was captured in Pakistan in late 2001, and the government concluded that he had fought in Afghanistan as part of a Qaeda-commanded unit. Al-Alwi denied this unsuccessfully during his original round of habeas corpus proceedings, and in 2015 initiated a new habeas case arguing that the nature of US involvement in Afghanistan had changed such that the use of military detention is no longer justified under the 2001 Authorization for Use of Military Force (AUMF). The district court and the US Court of Appeals for the DC Circuit disagreed, and the Supreme Court has now declined to review the appellate court's conclusion.
So Iran shot down a US Navy Global Hawk surveillance drone in the Strait of Hormuz June 20, with the two sides at odds over whether it was within Iranian airspace. Trump now tweets that he was on the verge of ordering retaliatory strikes on Iranian bases when he called it off the following day due to concern about the likely death toll of some 150. We are again expected to believe that Donald "bomb the shit out of 'em" Trump is a hippie pacifist at heart. The same guy who just weeks earlier vetoed a Congressional resolution calling for the withdrawal of US military forces from Yemen, and whose bombing campaign against ISIS-held territory in Syria and Iraq jacked up an horrific toll in civilian casualties.
Nearly six months after a much-publicized deal was made in Sweden to bring an end to four years of war and the resulting humanitarian crisis in Yemen, the UN now says Houthi fighters have pulled out of the Red Sea port city of Hodeidah. But many Yemenis, including the internationally recognized government of President Abd Rabbu Mansour Hadi, claim that reports of a unilateral withdrawal by Houthi forces are a "smokescreen." The limits of what has been achieved are clear from renewed clashes that have erupted in Hodeidah between Saudi-backed pro-government forces and Houthi rebels.
More than 10,000 people have been reported killed in Yemen over the last five months, bringing the war's total death toll to over 70,000 since 2016, according to the Armed Conflict Location & Event Data Project (ACLED). While overall reported fatalities have trended downward this year amid a UN-backed peace process, fighting continues across the country and has even intensified in some areas, including the governorates of Taiz and Hajjah. The Saudi-led coalition is responsible for the highest number of reported civilian fatalities from direct targeting: over 4,800 since 2016. The Houthis and their allies are responsible for over 1,300 reported civilian fatalities from direct targeting. (ACLED, Madison, WI, April 18)
The US House of Representatives passed House Joint Resolution 37 on Feb. 13, calling for the withdrawal of US armed forces from hostilities in the Republic of Yemen. The resolution states that only Congress has the authority to declare war, and notes that Congress has not made any declaration of war against the Houthi rebels in Yemen, who are the target of Saudi-led forces. US armed forces have supported Saudi Arabia through aerial targeting assistance, intelligence sharing, and mid-flight aerial refueling. The resolution gives President Donald Trump 30 days to withdraw forces from hostilities in or affecting Yemen. Forces which are involved in operations directed at al-Qaeda in the region are exempt from the resolution. The resolution also does not restrict the sharing of intelligence. It also specifies that the resolution does not impact military operations undertaken in cooperation with Israel.
Yemen war crime investigators on Sept. 25 called upon the UN Human Rights Council to renew their mandate and allow the continued inquiry into Yemen's internal conflict, calling the situation in the county "extremely alarming." The Group of Eminent Experts on Yemen, in their initial report (PDF), released in August, found evidence that "members of the Saudi-led coalition, the Yemeni government, and the Houthi armed group have been committing abuses, including indiscriminate and disproportionate attacks on civilians, arbitrary and abusive detention, and recruitment of children." At the time of the report, the experts recommended that their mandate be renewed. However, Saudi Arabia and other coalition members have pressed the council to discontinue the inquiry.
A UN human rights panel report released Aug. 28 suggests that parties to the armed conflict in Yemen have been perpetuating crimes under international law. The Group of International and Regional Eminent Experts on Yemen was appointed (PDF) by the UN Human Rights Council to monitor and report on the human rights situation in the country, as well as to examine all alleged violations and crimes of international law to occur since the war began in September 2014. The report concluded that air-strikes carried out by the government of Yemen and its coalition, including Saudi Arabia and the United Arab Emirates, have caused a majority of the civilian casualties. Other violations included persistent sexual violence and enlistment of young children into the armed forces of both sides in the war.