top of page

Search Results

577 items found for ""

  • International Climate Justice-ESG-Business & Human Rights

    Climate change and the risk of irreversible environmental damage is one of the greatest challenges we face. It impacts on a variety of human rights and fundamental freedoms. It has immeasurable consequences of the right to life, right to health, right to housing, freedom from poverty, and is likely to cause catastrophic internal and external displacement. Climate change and our response to the challenges, has a disproportionate impact on the poor and marginalised. It impacts women, children and the elderly, and poses an existential threat to parts of the world already at risk due to the absence of Climate Change responsibility and sustainable economics. Climate Justice is a term used to define the phenomenon of environmental damage as a result of global warming as an ethical, political, legal issue.  It has moved from being a purely environmental or physical issue to one that requires a coordinated response taking account of fundamental concepts such as environmental and social justice and the impact on universally accepted basic rights such as equality, individual and societal rights, access to clean water and utilities and to universally accepted global standards and expectations. It is a notable concern that those who bear the gravest responsibility for damage to the environment and the ensuing climate change, are the least likely to suffer from its gravest consequences.  It is those that bear little or responsibility who will suffer the greatest. Law as a response is a relatively recent phenomenon to what is a mounting crisis.  The term Climate Justice is now used as a term to denote legal action taken in response to climate change and political posturing on the risk to the environment.  In 2018, the youth movement for climate change inspired a global political movement that has intensified and resulted in legal action seeking to hold governments and the corporate world accountable. Climate Justice litigation has not reached the level required to bring about fundamental change and is not sufficiently widespread to prompt a global change in policy. It remains very much a Global North created problem with devastating impact on the Global South.  It requires a fundamental rethink of policies and sanctions.  Guernica seeks to explore high impact solutions in the private and public law sectors including enhancing corporate responsibility, targeting deforestation policies, reducing fossil fuel and ‘dirty energy’, using innovative and creative legal strategies to push the climate justice agenda by using the existing legal framework but also working with the scientific industry and civil society to ensure a social mobilisation movement. In the calendar year 2023 the daily global temperature average briefly surpassed pre-industrial levels by more than 2 degrees Centigrade. As a global society we have started to address Climate Change and its consequences. Energy Transition, science and technology will lead us away from hydrocarbon driven energy sources. Inevitably this project will lean into the capacity, commerciality and financial wherewithal of the Global North. But will it be at the expense of the Global South and Sub-Saharan Africa? Guernica Joint Head of Chambers Toby Cadman and Almudena Bernabeu have recently observed that “we are aware of the social dimension of our work.” Economic geography should not penalise societies access to Global Climate Change solutions. Chambers Joint Heads, Almudena Bernabeu and Toby Cadman, have determined to establish a Chambers Working Group empowered to explore and understand the issues. Instructed with a remit to deliver a strategy for Chambers to provide best practice that is consistent with our core values.

  • International Legal News - 4 March 2024

    The following media round up on international and foreign policy issues from around the world for the period of 27 February to 4 March 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Iraq – 3 March Religious leaders in Iraq conduct thousands of unregistered marriages each year, including child marriages, that violate Iraqi laws and are not officially registered. These marriages create a loophole around legal restrictions on child marriage and have disastrous effects on women and girls' ability to get government services, register their children's birth, and claim their rights. Human Rights Watch has called for Iraq to prosecute religious leaders who officiate at marriages in violation of Iraqi law, facilitate the legalisation of unregistered marriages, and ensure that all Iraqis have the full range of their rights. Iraq's Birth and Death Registration Law of 1971 restricts parents from obtaining birth certificates for babies born in wedlock, putting children at risk of losing their legal identity or becoming stateless. The process to legalise unregistered marriages is lengthy, complicated, and bureaucratic and often leads to women foregoing legalisation and their rights. Human Rights Watch warns that there are no provisions in Iraqi law that explicitly punish religious leaders who officiate unregistered marriages, including in cases where one spouse is a child. Prosecutions against religious leaders may be possible using Article 240 of the Iraqi penal code. https://www.hrw.org/news/2024/03/03/iraq-unregistered-marriages-harm-women-and- children UK – 2 March The UK is granting law enforcement new powers to seize and freeze cryptocurrencies linked to illicit activities, effective April 26, under the Economic Crime and Corporate Transparency Act 2023. The legislation introduces comprehensive measures, including crypto-asset confiscation orders, aiming to close loopholes and ensure a robust legal framework against the misuse of digital currencies in criminal activities. The legislation's broad definition of crypto-related items underscores the UK government's commitment to a comprehensive approach to combating digital currencies in criminal activities. The impending activation of these provisions signals a significant shift in the regulatory landscape for cryptocurrencies in the UK, highlighting the importance of compliance and due diligence for individuals and businesses operating within the crypto space. The legislative update serves as a reminder of the dual nature of cryptocurrencies as tools for innovation and potential vehicles for illicit activities, requiring close collaboration between the government, law enforcement, and the crypto industry to ensure a safer financial environment. https://www.cryptopolitan.com/uk-empower-law-crypto-seizure-capabilities/ Australia - 2 March Australian youth Yusuf Zahab, who was believed to have died while wrongfully detained by anti-ISIS forces, appears to be alive in a prison in northeast Syria. Zahab was taken to Syria in 2015 and detained in an overcrowded prison in al-Hasakeh, Syria. The Australian government has failed to locate Zahab for two years, and his family members do not doubt that the young man in a video is him. The Australian government has been urged to confirm and repatriate Zahab's identity. He was taken by his relatives to Syria in 2015 and is believed to be currently detained. The Australian government is providing consular assistance to the family of Zahab, but they have not received any information. Tens of thousands of Syrians and foreigners from nearly 60 countries are entering a sixth year of unlawful detention in dire conditions in camps and prisons for ISIS suspects and family members in northeast Syria. https://www.hrw.org/news/2024/03/02/australia-youth-thought-dead-may-be-held-northeast-syria Hong Kong – 1 March Human Rights Organisations have urged Hong Kong authorities to clarify Lai Ke's pending immigration status and allow her to remain in Hong Kong or travel to another destination. Lai Ke, also known as Xiran, was convicted in Hong Kong for using forged documents to attempt to travel from China to Canada via the city last year. She will complete her sentence on 2 March and faces imminent removal to mainland China. A vocal advocate for transgender rights in China, she faced harassment by police before leaving in May 2023. Amnesty International emphasised the importance of preventing Lai Ke from being unlawfully deported to mainland China, where she would face serious human rights violations. https://www.amnesty.org/en/latest/news/2024/03/hong-kong-transgender-activist-must-not-be-deported-to-mainland-china/ Vietnam – 1 March Vietnam's Ministry of Finance is considering prohibiting or regulating virtual assets by May 2025 as part of a 17-point action plan to boost anti-money laundering (AML) efforts. The plan aims to remove Vietnam from the Financial Action Task Force's "grey list" maintained by the G7 bloc. Vietnam will develop a legal framework to prohibit or regulate virtual assets and virtual asset service providers and demonstrate enforcement of regulations. Vietnam has no legal framework for owning, trading or using virtual assets. Vietnam placed third in the Chainalysis global crypto adoption index. The country has promised investment incentives for the semiconductor industry and other tech-related fields. The government has been urging action to regulate crypto for at least two years. Other items in the national AML plan include enhancing cooperation in extradition, developing outreach activities and private sector guidance, and demonstrating improved monitoring of local financial institutions. https://www.theregister.com/2024/03/01/vietnam_crypto_regs/ EU/Denmark/Bahrain – 1 March Maryam al-Khawaja, a Danish-Bahraini human rights defender, has been awaiting her father's release for 13 years while also fighting cancer. Last August, Abdelhadi al-Khawaja was among the Bahraini political prisoners who started a hunger strike to protest their inhumane treatment. Maryam and a delegation of leading human rights figures were prevented from boarding a plane to Bahrain. Despite Bahrain being considered a "strategic partner" in the region, EU member states have been reluctant to support collective action against Bahrain and make al-Khawaja's case an "EU case." The Danish government has also been too timid, rallying support within the EU and confronting Bahraini authorities. Danish Foreign Minister Lars Lokke spoke about Khawaja's case with Bahrain's foreign minister but was "not optimistic" about the outcome. Thirteen years of "private diplomacy" and "human rights dialogues" have failed to reunite Maryam and her father. The EU needs to recognise it has failed them both and urgently change course. https://www.hrw.org/news/2024/03/01/eu-denmark-failing-imprisoned-danish-bahraini-activist-and-his-daughter Ghana - 29 February Ghana's parliament passed the "Human Sexual Rights and Family Values Bill, 2024" on February 28, a move criticised by the International Community. The bill, one of the most draconian in Africa, seeks to criminalise LGBT people and punish those who support or advocate for them, including human rights defenders, medical professionals, journalists, teachers, and landlords. The bill has already led to forced evictions, job losses, increased violence, and other violations of the rights guaranteed by the country's Constitution. Amnesty International has urged President Nana Akufo-Addo to respect the human rights of all persons and not to sign discrimination into law. https://www.amnesty.org/en/latest/news/2024/02/ghana-president-nana-akufo-addo-must-not-sign-deeply-discriminatory-anti-lgbt-law/ Syria/Turkey – 29 February It has been suggested that Turkey bears responsibility for serious abuses and potential war crimes committed by its own forces and local armed groups in Turkish-occupied northern Syria. The report documents abductions, arbitrary arrests, unlawful detention, sexual violence, and torture by various factions of the armed groups, the Turkish-backed Syrian National Army, and the Military Police. It also found that Turkish Armed Forces and intelligence agencies were involved in carrying out and overseeing abuses. Turkey’s military operations in northern Syria since 2016 have led to its control of the predominantly Arab region north of Aleppo, Afrin, and a strip of land along Syria's northern border. The Turkish government has declared its intention to establish "safe zones" in the areas under its occupation, claiming the Kurdish-led forces are affiliates of the Kurdistan Workers' Party (PKK). However, Turkey has failed to ensure the safety and well-being of the civilian population, leading to lawlessness and insecurity. SNA factions and the Military Police have arbitrarily arrested, detained, tortured, and subjected to unfair military trials. Accountability for serious human rights abuses and possible war crimes in Turkish-occupied territories remains elusive. https://www.hrw.org/news/2024/02/29/syria-abuses-impunity-turkish-occupied-territories Nigeria - 28 February Two senior executives at Binance have been detained in Nigeria as the country cracks down on cryptocurrency exchanges. The executives flew to Nigeria following the ban of several cryptocurrency trading websites last week. They were detained by the country's national security adviser's office, and their passports were seized. The crackdown follows several cryptocurrency websites emerging as platforms of choice for trading the Nigerian currency, which has suffered chronic dollar shortages. The naira's official exchange rate has been trading at levels close to the parallel market level after the currency was devalued last month, its second adjustment in less than a year. Africa's largest economy has been experiencing crippling dollar shortages that have pushed its currency to record lows after foreign investors fled following a previous oil price collapse and the introduction of capital controls in 2015. https://www.reuters.com/technology/nigeria-detains-binance-executives-cryptocurrency-crackdown-ft-says-2024-02-28/ USA – 28 February Sam Bankman-Fried, the founder of FTX, is making a final plea for a lenient sentence from a federal judge. Bankman-Fried's new team of attorneys recommended Judge Lewis Kaplan, who oversaw the criminal trial last year, where a jury convicted him on seven fraud-related counts related to the November 2022 collapse of his crypto empire, FTX. The attorneys argued that Bankman-Fried should only face 63 to 78 months in prison, a relative slap on the wrist compared to his maximum penalty of 115 years. The attorneys also argued that Bankman-Fried had been described as a sociopath,' 'an ice-cold manipulator, bully, and shameless liar,' and that they don't know the true Sam Bankman-Fried. Bankman-Fried's trial in October 2023 saw prosecutors call top FTX executives as witnesses, and his conviction came soon after. He has been detained at the Metropolitan Detention Centre in Brooklyn, where he will remain through his sentencing. The lawyers also argue that Bankman-Fried presents at times as a paradox, pointing to his "neurodiversity", which impacts how he is perceived. https://finance.yahoo.com/news/ftx-fraudster-sam-bankman-fried-065250203.html Italy - 28 February Support for dismissing charges against the Iuventa crew members in Italy is growing. The Trapani court prosecutor has requested the dismissal of the case against the crew and other human rights defenders who served on rescue ships operated by Médecins Sans Frontières and Save the Children. The Iuventa crew has endured six and a half years of court proceedings with resilience and has saved over 14,000 lives, including children. Amnesty International has urged authorities to stop misusing criminal proceedings and charges of facilitation of irregular migration to obstruct life-saving activities. The Iuventa crew's solidarity with refugees and migrants should be championed. The hearing, part of legal proceedings that began in May 2022, continued on 28 February. The court in Trapani is expected to decide whether the Iuventa crew and other crew from Médecins Sans Frontières and Save the Children will be indicted. https://www.amnesty.org/en/latest/news/2024/02/italy-new-hope-as-prosecutor-recognizes-that-charges-against-the-iuventa-crew-should-be-dropped/ China – 28 February There has been international outcry for the immediate release of hundreds of Tibetan monks and villagers who were detained while peacefully protesting the construction of a hydroelectric dam in China's western Sichuan province. The dam will generate electricity for eastern China and submerge historic monasteries and numerous Tibetan villages. The Chinese authorities have long been hostile to public protests, but their response is especially brutal when the protests are by Tibetans and other ethnic groups. Video footage obtained by Tibetan exile media and confirmed by Human Rights Watch shows villagers from Wontoe protesting the dam's construction. The dam is the sixth in a proposed series of 13 on the Dri Chu River, known as Jinsha or the upper Yangtse River in Chinese. Since 2017, authorities have relocated over 11,000 people from 7 townships in Gonjo and Markham counties bordering the Jinsha River for "poverty alleviation" reasons. However, such reports do not link the mass relocation to dam construction. The right to protection against forced eviction derives from the right to adequate housing as provided under the International Covenant on Economic, Social and Cultural Rights, to which China is a state party. https://www.hrw.org/news/2024/02/28/china-free-detained-tibetan-demonstrators Hungary - 27 February The 2021 Propaganda Law in Hungary has significantly impacted LGBTI individuals and groups, creating negative stereotypes and discriminatory attitudes. The law has limited access to information about sexual orientation and gender identity, particularly for young people. The law has also contributed to negative stereotypes and discriminatory attitudes towards LGBTI people. The Hungarian government and state-backed media have conducted a campaign against LGBTI rights using stigmatising rhetoric and targeting those in civil society who stand up for equality. Some media service providers and bookshops in Hungary are exercising self-censorship to avoid legal sanctions. At the same time, authors, creative agencies, and civil society organisations struggle to navigate the law's vague provisions. Amnesty International's findings indicate that the law unduly restricts people's freedom of expression, including children's right to access information. https://www.amnesty.org/en/latest/news/2024/02/hungarypropaganda-law-has-created-cloud-of-fear-pushing-lgbti-community-into-the-shadows/ Burkina Faso – 27 February The Burkina Faso military junta has been accused of abducting civil society activists and political opponents as part of its crackdown on peaceful dissent. Since late November 2023, unidentified men have abducted at least six activists and opposition party members in Ouagadougou, raising concerns about enforced disappearances. The authorities face pressure to urgently investigate all abductions, enforced disappearances, and abusive conscriptions and release those wrongfully detained. One group has filed a complaint with the police but has not received follow-up action. Burkina Faso's transitional military authorities have issued conscription orders under the April 13, 2023, "general mobilisation" plan to recapture territory lost to Islamist armed groups. However, civil society, media, trade unions, and international human rights groups have condemned the decree, arguing it has been used to silence peaceful dissent. A court in Ouagadougou ruled that the conscriptions were unlawful, violated freedom of expression, and caused a risk to physical integrity. Human rights activists and journalists fear being conscripted, and the military junta's crackdown on dissent and media has weakened civic space. https://www.hrw.org/news/2024/02/27/burkina-faso-abductions-used-crack-down-dissent

  • Balkan Legal News - 1 March 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 22 February 2024 to 29 February 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Poland - 29 February 2024 On Thursday, the European Commission approved the release of up to €137 billion in funds for Poland that had been frozen over rule-of-law concerns; see here. Albania - 28 February 2024 President Volodymyr Zelenskyy has tried to drum up Balkan support for his vision of peace in Ukraine and has promoted the idea of joint arms production at a two-day summit of Southeast European countries; see here. Serbia - 28 February 2024 Prosecutors should investigate Belgrade city councillor Svetozar Andric, a former Bosnian Serb Army officer, for his alleged role in wartime expulsions and killings of civilians, the Humanitarian Law Centre NGO said in a report; see here. Kosovo - 27 February 2024 New developments in the Western Balkans are threatening the precarious peace achieved under American leadership since the end of the 1999 Kosovo war; see here. Serbia - 27 February 2024 The leader of the Serbian Military Union, Novica Antic, was detained on unspecified charges two weeks after the country’s defence minister said trade unions for military personnel should be abolished; see here. Serbia - 27 February 2024 Russian pro-democracy activists in the Balkan country now say at least a dozen recently faced entry bans or had their residency permits revoked on the grounds that they pose a threat to Serbia’s security; see here. Moldova - 27 February 2024 Nine media organisations urged the authorities in the autonomous Moldovan region of Gagauzia to withdraw draft legislation stipulating that online media based in the area will need authorisation to operate; see here. Moldova - 23 February 2024 Amid speculation about possible destabilisation attempts in the Moldovan breakaway region of Transnistria, the EU Council imposed sanctions on six people it accused of attempts to undermine Moldovan sovereignty on behalf of Russia; see here. Albania - 22 February 2024 Albania’s Parliament has approved a deal signed with Italy that will see authorities hold thousands of asylum seekers rescued in international waters while their applications are processed, drawing criticism from human rights groups; see here. Balkans - 22 February 2024 Britain is pulling out of a treaty that lets fossil fuel firms sue governments over their climate policies. Britain joins France, Germany, Spain, the Netherlands and Slovenia in withdrawing from charter it says ‘penalises’ shift to net zero; see here.

  • International Legal News - 26 February 2024

    The following media round up on international and foreign policy issues from around the world for the period of 20 to 26 February 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Ukraine/Russia – 24 February Four Western leaders, including Italian Prime Minister Giorgia Meloni, Canadian Prime Minister Justin Trudeau, Belgian Alexander De Croo, and European Commission President Ursula von der Leyen, arrived in Kyiv to show solidarity with Ukraine on the second anniversary of Russia's invasion. The Italian government announced that the leaders travelled together overnight by train from Poland. Meloni was due to host a videoconference later in the day from Kyiv involving leaders from the Group of Seven major democracies, with Ukrainian President Volodymyr Zelensky invited to join the discussion. https://www.reuters.com/world/europe/four-western-leaders-arrive-kyiv-show-solidarity-2nd-war-anniversary-2024-02-24/ Hong Kong – 23 February Over the past three years, cryptocurrency crimes in Hong Kong have almost tripled, with 2023 cases involving approximately $611 million. The Securities and Futures Commission (SFC) has intensified its information disclosure efforts since September last year, publishing a list of suspicious trading platforms. The SFC and the Police have exchanged intelligence concerning over 100 trading platforms or related activities. The JPEX case was major in Hong Kong last year, causing thousands of customer complaints and a loss of over $152 million. The Treasury Department initiated a public consultation on licensing virtual asset trading service providers to enhance the regulatory framework. The government aims to submit a draft regulation on the licensing regime to the Legislative Council. HTX, previously known as Huobi, has applied to provide cryptocurrency services in Hong Kong, joining a growing list of applicants. https://cryptopotato.com/hong-kong-virtual-assets-crimes-almost-triple-over-the-last-3-years/ Tunisia – 23 February Tunisian authorities face pressure to release six political opponents who have been held for a year while being investigated on unfounded accusations of "conspiracy against state security". The detainees are perceived as political opponents for exercising their right to freedom of assembly. Amnesty International has called for their immediate release and the dropping of all charges against them. The Tunisian government has been investigating 17 individuals and affiliated persons under several charges, including "conspiracy against state security." Since February 2023, judicial authorities have summoned at least 42 additional political activists, members of the opposition, businessmen, former members of parliament, lawyers, human rights defenders, and former security officials for investigation in the same case. The authorities have failed to demonstrate that the pre-trial detention of the six detainees is necessary and proportionate as required under international law. Amnesty International has reviewed the statements and found they are all protected speech under freedom of expression. https://www.amnesty.org/en/latest/news/2024/02/tunisia-release-and-drop-charges-against-opposition-activists-arbitrarily-detained-for-a-year/ UN/Indonesia - 22 February The UN has urged Indonesia to address discrimination against women and people with disabilities following a dialogue with the country's government officials in Geneva. The UN Committee on Economic, Social and Cultural Rights urged the government to repeal provisions found to be discriminatory against women and adopt a human rights-based policy for the promotion of persons with disabilities. However, the country still faces 73 local mandatory hijab regulations, leaving women and girls in psychological distress. Domestic workers in Indonesia are not recognised as workers under national labour laws, and they face harassment, exploitation, and violence. Community-based mental health, support, and independent living services are still lacking for people with disabilities. https://www.hrw.org/news/2024/02/22/un-scrutinizes-indonesias-record-socio-economic-rights Algeria – 22 February Algerian authorities continue to repress freedom of expression and peaceful assembly five years after the Hirak protest movement began. After the movement was halted due to COVID-19 in 2020, hundreds of people have been arbitrarily arrested and detained, while dozens of peaceful protesters, journalists, activists, and human rights defenders continue to languish behind bars for criticising the authorities. Amnesty International's Regional Director for the Middle East and North Africa, Heba Morayef, calls for the immediate release of those detained solely for exercising their rights to freedom of expression, peaceful assembly, and association. The authorities should also stop harassment of opponents and perceived critics and reform key legislation, including repealing vague provisions used to repress human rights. Amnesty International launched a campaign in September 2023 to demand the release of dozens of detainees, including Slimane Bouhafs, Mohamed Tadjadit, and Ihsane El-Kadi. The president of Algeria has issued pardons and clemency measures for thousands of prisoners and detainees, including 160 detainees and prisoners linked to the Hirak movement in February 2021 and April 2022. https://www.amnesty.org/en/latest/news/2024/02/algeria-five-years-after-hirak-protest-movement-repressive-clampdown-continues-unabated/ Saudi Arabia – 21 February Saudi Arabia has faced pressure to release fitness instructor, human rights defender, and blogger Manahel al-Otaibi, who has been forcibly disappeared since November 2023. Al-Otaibi has been in detention for a year and a half and awaits her trial before the Specialized Criminal Court (SCC) on cybercrime law charges. She is being tried for posting photos of herself without the abaya and for social media posts in support of women's rights and calling for the removal of Saudi Arabia's repressive male guardianship laws. Amnesty International has called for her release and the ludicrous charges against her. The Riyadh Criminal Court examined her case in January 2023 and referred it to the Specialized Criminal Court (SCC) because her actions "violate religious principles and social values and disrupt public order and undermine the security of society." Both of Manahel al-Otaibi's sisters have also faced criminal charges for campaigning for women's rights. https://www.amnesty.org/en/latest/news/2024/02/saudi-arabia-release-forcibly-disappeared-woman-facing-trial-for-supporting-womens-rights-online/ Switzerland – 21 February A Swiss court has acquitted three authors of a report alleging that Kolmar Group AG may have violated international law by buying smuggled Libyan oil. The decision, a step towards justice, helps protect the right to freedom of expression and the work of human rights defenders trying to hold companies accountable. Amnesty International's Head of Business and Human Rights, Mark Dummett, said the decision to acquit the report's authors helps protect the right to freedom of expression and the work of human rights defenders trying to hold companies to account. Kolmar's ongoing civil litigation still poses an existential threat to Public Eye and TRIAL International, the non-governmental organisations which published the report. The Swiss authorities should take all necessary measures to ensure that corporations cannot use their laws to silence and intimidate human rights defenders. https://www.amnesty.org/en/latest/news/2024/02/switzerland-acquittals-in-kolmar-group-defamation-trial-are-a-step-towards-justice/ UK/Global – 20 February The National Crime Agency (NCA) has launched an international campaign targeting LockBit, the world's most harmful cybercrime group. The group has infiltrated its network and taken control of LockBit's services, compromising its entire criminal enterprise. LockBit has operated for four years, with prolific ransomware attacks targeting thousands of victims worldwide. The group provided ransomware-as-a-service to a global network of hackers, supplying them with the tools and infrastructure required to carry out attacks. The NCA has taken control of LockBit's primary administration environment, the group's public-facing leak site on the dark web and obtained the LockBit platform's source code and intelligence from their systems. The NCA and international partners have been covertly investigating LockBit as part of a dedicated task force called Operation Cronos. The US Department of Justice has announced that two defendants responsible for using LockBit to carry out ransomware attacks have been criminally charged and will face trial in the US. The NCA and international partners are in a position to assist LockBit victims and will continue to work with domestic and international allies to identify, disrupt, and deter cyber threats. https://www.nationalcrimeagency.gov.uk/news/nca-leads-international-investigation-targeting-worlds-most-harmful-ransomware-group Democratic Republic of Congo – 20 February Amnesty International's Regional Director for East and Southern Africa, Tigere Chagutah, has called for the immediate end of deliberate attacks on civilians in the Democratic Republic of Congo (DRC) between the Congolese army and the Movement of 23 March (M23). The group, which claims to be fighting for the safe return of Congolese Tutsi refugees, has resumed attacks in North Kivu, resulting in at least 35 civilian deaths, dozens of injuries, and over 135,000 forced to flee. Chagutah urges all parties involved to provide immediate and unrestricted access for humanitarian actors seeking to deliver life-saving assistance to civilians. She also urges states and intergovernmental organisations to reconsider their response to the crisis and ensure accountability for nearly 30 years of crimes committed in the DRC. https://www.amnesty.org/en/latest/news/2024/02/drc-authorities-must-protect-civilians-as-fighting-intensifies/ Lebanon – 20 February Thousands of people in Tripoli, Lebanon, are living in unsafe buildings that pose a risk to their right to adequate housing and life. The earthquakes exacerbated existing structural issues, posing additional risks to residents. The Lebanese government has failed to carry out comprehensive surveys of buildings at risk or provide support to residents, and their interventions have been limited to serving eviction notices and, in some cases, fines. Amnesty International's Lebanon researcher, Sahar Mandour, found that the government has drastically failed in its responsibility to establish a clear plan to repair damaged buildings and ensure that residents are offered support, including compensation and alternative housing where applicable. In the last six months alone, eight people in Lebanon have been killed after their buildings collapsed. The government urgently needs to fulfil its obligations and protect the right to safe and adequate housing despite the economic crisis. https://www.amnesty.org/en/latest/news/2024/02/lebanon-thousands-in-tripoli-living-in-unsafe-housing-a-year-on-from-devastating-earthquakes Australia – 20 February The National Anti-Corruption Commission (NACC) in Australia has accused a federal police officer of stealing a Trezor hardware wallet containing 81.62 Bitcoin at a crime scene. The wallet was discovered during a drug raid but was not found. The wallet, valued at $309,000 then, is now worth around $4.2 million. An associate initially suspected the theft of a crime syndicate. However, a link to Wheatley was found after investigating the IP addresses used to access the stolen Bitcoin using crypto tracing software. The theft comes amid Trezor's acknowledgement of a security breach affecting nearly 66,000 users. Wheatley pleads innocent and is prepared to contest the charges regarding the stolen Bitcoin. https://cryptodaily.co.uk/news-in-crypto/crypto-intelligence:australian-federal-police-officer-accused-of-wiping-bitcoin-wallet-at-crime-scene

  • Balkan Legal News - 23 February 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 15 February 2024 to 22 February 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Montenegro - 22 February 2024 The European Court of Human Rights in Strasbourg ruled that Montenegro failed to enforce judgments to compensate a man after a sewage collection system was unlawfully built on his property; see here. Bosnia - 21 February 2024 Selmo Cikotic, a wartime Bosnian Army officer who later became defence and security minister, pleaded not guilty to crimes against Croat prisoners of war who were beaten and killed in the Bugojno area in 1993; see here. Kosovo - 21 February 2024 The trials of former Serbian policeman Milovan Jovanovic and former Serbian military reservist Dejan Racic, both accused of war crimes against ethnic Albanians, opened in Pristina in the defendants' absence; see here. Montenegro - 20 February 2024 In an operation targeting the illicit trade in tobacco, Montenegrin police arrested businessman Aleksandar Mijajlovic and five police officers allegedly involved in a criminal organisation; see here. Montenegro - 19 February 2024 Montenegro has issued the draft Law on the Use of Energy from Renewable Sources, which introduces a number of novelties, including auctions for premiums and feed-in tariffs; see here. Croatia - 19 February 2024 In the serene waters of Trogir, a dispute of international proportions has emerged, pitting Russian real estate entrepreneur Alexei Inkin against the Republic of Croatia. At the heart of this €35M legal storm is a yacht called the 'Royal Romance'; see here. Kosovo - 17 February 2024 Global police agency Interpol has issued international arrest warrants for ethnic Serb gunmen accused of storming a village last year in the north of Kosovo and battling police in a shootout, which left four dead, Kosovo's interior minister said on Friday; see here. Greece - 16 February 2024 New law, passed after intensive debate, recognises same-sex marriage and adoption rights – but stops short of allowing same-sex couples to have children via surrogacy; see here.

  • International Legal News 19 February 2024

    The following media round up on international and foreign policy issues from around the world for the period of 13 January to 19 February 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Russia – 17 February Aleksei Navalny, a prisoner of conscience in Russia, has died after 37 months in prison for speaking out against a repressive government. Navalny was sent to one of Russia's most remote and harshest prisons, where he was denied health care, kept in solitary confinement, and forcibly disappeared. Amnesty International's Secretary General, Agnès Callamard, called for the international community to take concrete actions to hold those responsible accountable and urgently call upon the United Nations to employ its special procedures and mechanisms to address the death of Navalny. Navalny was a critical voice and champion of freedom of expression. https://www.amnesty.org/en/latest/news/2024/02/russia-prisoner-of-conscience-aleksei-navalny-kremlins-most-vocal-opponent-dies-in-custody/ EU – 17 February The Digital Services Act (DSA) in the European Union (EU) requires online platforms and search engines to ensure respect for human rights. Amnesty Tech Researcher and Advisor Alia Al Ghussain emphasised the need for robust enforcement to prevent the DSA from becoming a paper tiger. EU member states, and the EU Commission are responsible for monitoring and enforcing additional obligations for Big Tech companies under the DSA. Al Ghussain urged the EU to tackle the addictive and harmful design of social media platforms, including changes to recommender systems and user profiling by default. https://www.amnesty.org/en/latest/news/2024/02/eu-landmark-digital-services-act-must-be-robustly-enforced-to-protect-human-rights/ USA – 16 February Sam Bankman-Fried, former FTX boss, may face a lighter sentence than expected due to the potential for a bounce in crypto markets and the buoyancy of the estate's investments. The crypto market has risen significantly during the bankruptcy process, meaning thousands of hapless creditors will receive all the funds they had locked in, albeit at November 2022 prices. The jump in crypto markets matters because restitution can be considered when sentencing. Guidelines suggest a range of 24-30 months for low losses, while a high-loss amount could lead to 20 years imprisonment or even life. However, the U.S. sentencing guidelines that credit defendants for amounts returned to victims apply only when the return occurred before the offence was detected. In this case, it's clear that SBF is not giving the money back, and payments come well after discovering the offence. Judges in the Southern District of New York often impose sentences below the guideline range in white-collar cases. Still, when the court views the conduct as particularly egregious, there is equal latitude to impose a higher sentence than the guidelines suggest. https://www.coindesk.com/policy/2024/02/16/sam-bankman-frieds-sentence-might-be-lighter-than-youd-expect/ DR Congo – 16 February The Democratic Republic of Congo (DRC) has seen a rise in repression against peaceful activists, reminiscent of President Kabila's government. On 3 February 2024, four activists from Lutte pour le Changement (LUCHA) were arrested in Kinshasa, resembling an abduction. Two activists were released the next day, but prominent activists Fred Bauma and Bienvenu Matumo remained detained. The activists were arrested while peacefully protesting the Rwandan-backed M23 armed group's occupation of Bunagana. The National Intelligence Agency (ANR) denied detaining them, and they were later released after being forced to justify their arbitrary detention. This is not the first-time activists have been detained in recent years, with dozens facing arbitrary arrests following the imposition of the "state of siege" in North Kivu and Ituri provinces since May 2021. The context and manner of these latest detentions signal that Congolese authorities do not intend to uphold the country's international human rights obligations and open civic space. https://www.amnesty.org/en/latest/news/2024/02/dr-congos-arrest-of-activists-invokes-deja-vu-of-growing-repression/ USA – 16 January During a House Financial Services Committee oversight hearing, the Treasury Department's Terrorism and Financial Intelligence office debunked Sen. Elizabeth Warren's claims that cryptocurrency is responsible for funding Middle Eastern terrorist outfits. Brian Nelson, the undersecretary for Terrorism and Financial Intelligence, told the committee that terrorists' use of digital assets for funding purposes is not as prevalent as previous media reports suggest. This contradicts Warren's main argument for pushing legislation that could have a big effect on the future of crypto in the U.S. The Treasury Department is culpable for failing to provide the correct data when the erroneous report began gaining traction. Crypto industry insiders are fighting against Warren's attempt to regulate the disruptive industry, with crypto trade groups lobbying Congress to block the Bill. https://www.foxbusiness.com/politics/treasury-deals-blow-to-elizabeth-warrens-anti-crypto-crusade Global – 15 February The climate crisis's impacts are most pronounced in low - and middle-income countries, disproportionately vulnerable to rising sea levels, severe storms, and extreme heat. Poorly designed policies can widen inequalities, increasing energy costs without adequate redistribution mechanisms. The Just Transition Work Programme (JTWP) was established at COP27 to address this issue. The JTWP calls for two annual dialogues, focusing on key topics such as the socioeconomic dimension of transition, sustainable development, poverty elimination, social protection, labour rights, and international cooperation. The Climate Action Network, including Human Rights Watch, urges the JTWP to focus on inclusive and participatory approaches, mobilising resources to support those impacted by the transition and addressing agricultural and food systems. Aligning climate policies with human rights can lead to environmentally sustainable and fairer economies, avoiding the worst impacts of climate change. https://www.hrw.org/news/2024/02/15/confronting-climate-crisis-can-also-advance-socio-economic-rights Zimbabwe – 15 February Amnesty International has condemned the conviction and sentencing of former opposition legislator Job Sikhala in Zimbabwe for posting a video claiming a police officer killed a baby. The conviction is based on a law that no longer exists in the country and has been used to silence peaceful dissent. The legal provision applied to convict Sikhala was declared void by the Constitutional Court in 2014 and confirmed in another case in 2021. Amnesty International urges Zimbabwean authorities to quash the conviction and sentence and stop weaponising the criminal justice system to target and harass political opponents and individuals exercising their right to freedom of expression. https://www.amnesty.org/en/latest/news/2024/02/zimbabwe-opposition-leaders-conviction-a-travesty-of-justice/ Cameroon – 14 February The Ngarbuh massacre in Cameroon, a brutal attack on civilians by Cameroonian soldiers and armed ethnic Fulani, occurred in February 2020. The attack was a reprisal against the local community suspected of harbouring separatist fighters. The government initially denied its security forces were responsible. Still, after national and international pressure, a commission of inquiry found that the military attempted to cover up their actions and identified three security force members as responsible. In December 2020, a trial opened before a military court in Yaoundé, marking a step towards accountability. However, the trial has been marred by irregularities, with hearings postponed multiple times and key evidence refused. The trial is scheduled to restart this week, providing a rare opportunity for justice for Ngarbuh's victims and all those who have suffered from military abuse during the crisis in Cameroon's Anglophone regions. https://www.hrw.org/news/2024/02/14/trial-cameroon-village-massacre-drags Libya – 14 February Amnesty International has reported that the Tripoli-based Internal Security Agency (ISA) has been subjecting dozens of individuals to abuses, including enforced disappearance, arbitrary detention, and torture, with some facing the death penalty. The agency's crackdown on freedom of thought, expression, and belief is a response to a May 2023 decree issued by the General Authority for Endowments and Islamic Affairs (Awqaf) to combat religious, intellectual, and moral deviations. ISA's campaign, praised by senior Awqaf officials, has targeted mainly Libyan youths, particularly from the Amazigh community, as well as foreign nationals under the pretext of "safeguarding virtue and purifying society." The Libyan government's inaction towards ISA's crimes under international law has emboldened them to commit further abuses. The Libyan authorities must ensure the immediate release of all those detained solely for exercising their human rights and cease the persecution of individuals for expressing their beliefs. https://www.amnesty.org/en/latest/news/2024/02/libya-internal-security-agency-must-end-abuses-in-name-of-guarding-virtue/ Hungary – 13 February According to Human Rights Watch, the Hungarian government's interference with media freedom and pluralism is a systematic attack on the rule of law. The government's increased control over the media market is linked to its broader assault on the rule of law in Hungary, including undermining judicial independence. Independent and investigative journalists face major obstacles in their work, including surveillance, threats, limited or no access to decision-makers and public information, and smear campaigns against them in pro-government media. The European Commission looks to urgently consider triggering infringement proceedings on Hungary based on the Media Freedom Act. The EU Council should move its scrutiny forward under Article 7 over the threat that the Hungarian government’s actions pose to EU values, adopting specific and time-bound rule-of-law recommendations and holding a vote to determine that there is a clear risk of a serious breach of EU values in Hungary. https://www.hrw.org/news/2024/02/13/hungary-media-curbs-harm-rule-law Senegal – 13 February Senegal has been hit by a violent crackdown on protesters, killing three people, including a 16-year-old boy, and arresting hundreds. Amnesty International has called for an investigation into the lethal use of force against protestors. The authorities must ensure that those suspected of the violence are brought to justice in fair trials and provide access to justice and effective remedies for victims and their families. The country has also been accused of stifling human rights and media freedom, with police officers using excessive force against journalists and journalists of Leral TV. The crackdown on protests, internet blackouts, and threats against the media have become frequent in Senegal since March 2021. Amnesty International estimates that at least 60 people have died in the context of protests, but no one has been prosecuted. The country has obligations to respect, protect, promote, and fulfil the human rights of everyone, including the rights to freedom of expression, information, and peaceful assembly under articles 9 and 11 of the African Charter on Human and Peoples’ Rights and articles 19 and 21 of the International Covenant on Civil and Political Rights. https://www.amnesty.org/en/latest/news/2024/02/senegal-investigate-killings-and-police-brutality-against-protesters/ Pakistan – 12 February According to Human Rights Watch, Pakistani authorities should ensure a peaceful transition of power following the national parliamentary elections on February 8, 2024. The Election Commission should promptly announce the official results, and all political parties and stakeholders should commit to upholding democratic norms and cooperating with an independent investigation into alleged election irregularities. The elections were marred by widespread clampdowns on freedom of expression and association, resulting in mass detentions and harassment of supporters of the Pakistan Tehrik-i-Insaf (PTI) party. The incoming parliament should adopt electoral reforms to remove structural barriers to political participation and guard against improper interference in the electoral process. https://www.hrw.org/news/2024/02/12/pakistan-ensure-fair-peaceful-transition-power EU/Greece – 12 February Amnesty International's Migration Researcher Adriana Tidona has called for Greek authorities to address responsibilities for the Pylos shipwreck and the ongoing violence at the Greek Sea borders. She argues that the Greek authorities and the Hellenic Coast Guard were responsible for the tragic loss of over 600 lives. Tidona also calls for European institutions to intensify efforts to prevent human rights violations and ensure independent monitoring mechanisms are in place in border search and rescue operations. The shipwreck occurred on 14 June 2023, resulting in the death of over 600 people from Syria, Pakistan, and Egypt. https://www.amnesty.org/en/latest/news/2024/02/eu-greek-authorities-must-address-responsibilities-for-pylos-shipwreck-at-eu-hearing/

  • Balkan Legal News - 16 February 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 9 February 2024 to 16 February 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Albania - 15 February 2024 U.S. Secretary of State Antony Blinken visited Albania on Thursday to reaffirm relations with a key partner in the region and assure Western Balkan countries of Washington’s support for their integration into the European Union; see here. Bulgaria - 15 February 2024 The case of a brutal knife attack on a young woman last summer, which provoked uproar in Bulgaria, has entered court but was quickly held up by procedural issues, likely meaning a long process ahead; see here. Serbia - 15 February 2024 Serbia has received another arms delivery from its ally Russia despite international sanctions on Moscow over its full-scale invasion of Ukraine. Serbian populist President Aleksandar Vucic on Wednesday presented a Russian anti-drone system for electronic jamming known as Repellent that he recently said “is in our hands.”; see here. Greece - 14 February 2024 Greek police joined counterparts in 30 countries in a major international operation, codenamed SHIELD IV, which has dismantled a criminal network that had been trafficking unauthorised pharmaceuticals and medical devices since 2019; see here. Serbia - 12 February 2024 The Working Group of the High Judicial Council met for the 4th time in Belgrade, continuing work on the Draft Rulebook on the evaluation of the work of judges, with the support of the joint EU/CoE Project "Support for the Implementation of Judicial Reform in Serbia"; see here. Bosnia - 11 February 2024 The state-level ruling coalition in Bosnia & Herzegovina has agreed to table to parliament four key laws, including one on prevention of money laundering, in an attempt to get a green light for the start of EU membership talks in March, Nermin Niksic, the leader of the Social-Democratic Party (SDP), said on February 9 following a meeting of political leaders; see here. Bulgaria - 11 February 2024 A Saudi dissident who has unsuccessfully sought asylum in Bulgaria told AFP Sunday he received a deportation order and now fears he could be sent back to the Gulf kingdom any day; see here. Kosovo/Serbia - 9 February 2024 Kosovo Prime Minister Albin Kurti again called on Serbian President Aleksander Vucic to sign the EU-mediated Brussels agreement during a face-off at the UN Security Council on Thursday, but Vucic refused and was scolded by the council president for interrupting and shouting in the assembly; see here. Balkans - 9 February 2024 Robert Badinter, who spearheaded the drive to abolish France’s death penalty, campaigned against antisemitism and Holocaust denial, and led a European body dealing with the legal fallout of Yugoslavia's breakup, has died. He was 95; see here. Romania - 9 February 2024 The government of Romania established on February 8, by emergency ordinance, the creation of a team of 15 law experts from the Ministry of Finance and the General Secretariat of the Government (SGG) to manage all information that other ministries or entities may have regarding ongoing or future litigation of the Romanian state, similar to disputes such as Roșia Montană or Pfizer; see here.

  • International Legal News 12 February 2024

    The following media round up on international and foreign policy issues from around the world for the period of 6 January to 12 February 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. North Korea – 10 February The UN has reported that North Korea has been engaging in cyberattacks to steal $3 billion of cryptocurrency to fund its nuclear weapons program and other sanctioned activities. The Lazarus Group, a leading hacking group, is responsible for these attacks. The stolen cryptocurrency could potentially finance the nation's intercontinental ballistic missile launches, raising concerns about regional stability and security. https://cryptodaily.co.uk/2024/02/un-unveils-3b-theft-cryptocurrency-funding-north-koreas-nuclear-program Yemen – 9 February Amnesty International has called on the Huthi de facto authorities in Yemen to halt planned executions and end persecution of people based on their sexual orientation or gender identity. Two Huthi-run courts in Yemen sentenced over 40 individuals to death, flogging, or prison over charges related to same-sex conduct. The Yemeni government is also being pressured to align with its obligations under the International Covenant on Civil and Political Rights by repealing legislation criminalising same-sex intimacy and removing discrimination based on sexual orientation, gender identity, or expression. https://www.amnesty.org/en/latest/news/2024/02/yemen-huthis-must-stop-executions-and-release-dozens-facing-lgbti-charges/ Global – 9 February Binance has partnered with INTERPOL to combat crypto crime and enhance cybersecurity. In 2023, Binance conducted over 120 global training sessions, empowering investigators with practical skills. The partnership highlights the importance of collaboration between law enforcement agencies and industry experts in combating cybercrime. https://coingape.com/binance-leads-fight-against-crypto-crime-with-interpol-partnership/ Myanmar – 9 February Fighting in Myanmar's Rakhine State has escalated, causing civilian casualties and large-scale displacement, according to Human Rights Watch. The junta and Arakan Army ethnic armed groups should take immediate measures to minimise harm to the Rohingya and other civilians caught up in the hostilities. Since January 2024, Myanmar military forces have attacked Arakan Army fighters deployed in Rohingya villages, resulting in civilian casualties and the destruction of property. Over 100,000 people in Rakhine State, many displaced by previous violence, have again had to relocate. The junta has continued to block humanitarian aid to civilians in conflict areas, a form of collective punishment that is a war crime. The Arakan Army has promised security to the Rohingya once they have fully captured the territory; they have sought to confiscate food and other support. The fighting near the border has spilt over into Bangladesh, including casualties from mortar fire. https://www.hrw.org/news/2024/02/09/myanmar-rohingya-risk-rakhine-fighting Zimbabwe – 8 February Zimbabwe's cabinet has backed the abolition of the death penalty, marking progress. Amnesty International's Deputy Regional Director for East and Southern Africa, Khanyo Farisè, praised Zimbabwe's move, stating it is "the right step towards ending this abhorrent and inhuman form of punishment." Farisè urged Parliament to pass legislation to make the death penalty illegal, as it violates the right to life as proclaimed in the Universal Declaration of Human Rights. https://www.amnesty.org/en/latest/news/2024/02/zimbabwe-cabinets-move-to-abolish-death-penalty-marks-progress/ Global – 8 February Last year was the worst on record for cryptocurrency payments received by ransomware groups. Still, the Chainalysis Crypto Crime Report for 2024 revealed that crypto criminals have broken the $1 billion barrier for ransoms paid in a single year. Big-game hackers played a significant role in increasing ransom demands, but the trend for ransomware payments since 2019 is expected to continue. The report suggests that targeting smaller organisations with smaller ransoms can become a force multiplier, with the bottom line being more significant due to the loss of productivity, assets, data, and recovery costs. https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/daveywinder/2024/02/09/1-billion-in-ransom-payments-chainalysis-ransomware-cybercrime-cryptocurrency-crime-report/amp/ Egypt – 8 February An Egyptian court sentenced prominent politician Ahmed Tantawy to a year in prison for alleged offences related to his presidential challenge to President Abdel Fattah al-Sisi. The court also barred Tantawy from running for national elections for five years. Tantawy and his aide, Mohamed Abu al-Dyar, were released on bail pending appeal. Human Rights Watch argues that the charges against Tantawy and his supporters are retaliation for his peaceful campaign to challenge President Sisi. The court ordered Tantawy and his supporters to pay 20,000 Egyptian pounds each to avoid detention pending their appeal. https://www.hrw.org/news/2024/02/08/egypt-court-punishes-activists-challenging-al-sisi India – 7 February Amnesty International has documented the unlawful demolition of Muslim properties in India using JCB bulldozers and other machinery. The demolitions are carried out with widespread impunity, often under the guise of resolving illegal construction. The Indian Government and state legislatures are also facing pressure to halt the policy, ensure no one is made homeless, offer adequate compensation, and hold those responsible accountable. The demolitions are often instigated at the highest levels of government and are often called "bulldozer justice." https://www.amnesty.org/en/latest/news/2024/02/india-authorities-must-immediately-stop-unjust-targeted-demolition-of-muslim-properties/ EU/Palestine – 7 February The European Union (EU) and its member states are urged to restore and continue funding the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA, created in 1949, provides direct humanitarian assistance and human development programming for over 5.9 million Palestinian refugees living in the Gaza Strip and the West Bank. Since the start of the current round of hostilities in Gaza, UNRWA and other humanitarian organisations have been operating under enormous duress. The UN has terminated the contracts of alleged employees involved in the October 7 attacks, and the UN Secretary-General confirmed the independence of the UN inquiry into the allegations. However, some EU member states have announced halting their funding to UNRWA following the landmark ruling by the ICJ in the case brought by South Africa against Israel for alleged violation of the UN Genocide Convention. The EU is also concerned about the longer-term implications shutting down UNRWA would have, especially on the right of Palestinian refugees to return. https://www.hrw.org/news/2024/02/07/letter-eu-and-eu-foreign-and-development-ministers-unrwa Azerbaijan – 6 February Azerbaijan's authorities are escalating their crackdown on freedom of expression, targeting critical voices and freezing their assets. Since November 2023, the authorities have arrested over 13 individuals, including journalists, political opponents, and a human rights defender. At least 11 remain in arbitrary detention on spurious charges. The authorities have also targeted their relatives and families, freezing their bank accounts and financial assets. This repression is in direct violation of Azerbaijan's international human rights obligations. International organisations urge the authorities to cease the persecution of independent journalists, activists, political opponents, human rights defenders, and their families to restore their human rights and end retaliatory tactics. https://www.amnesty.org/en/latest/news/2024/02/azerbaijan-repression-escalating-ahead-of-presidential-elections/ Colombia – 6 February Colombia's deputy Prosecutor General Martha Mancera is protecting a prosecution executive accused of drug trafficking, Francisco Javier Martinez, also known as "Pacho Malo." Martinez, the former director of the Technical Investigations Unit (CTI), is accused of narco-trafficking. Three undercover agents discovered Malo's involvement in the drug trade, and he offered his services in smuggling cocaine shipments. After Herrera's assassination, his colleagues Fabio Gonzalez and Pablo Bolaños escaped. Mancera appointed notorious prosecutor Daniel Hernandez to investigate Gonzalez and Bolaños. Mancera pressured subordinates to remove Malo's name from the report, which was leaked to Raya. The prosecution has since shelved the investigation into Mancera's cover-up, falsely claiming there was no evidence of a crime, despite internal reports suggesting otherwise and evidence of doctoring reports by high-level officials within the AG's office. https://www.piratewireservices.com/p/how-colombias-vice-attorney-general Jordan – 6 February Jordanian authorities have arrested and harassed numerous pro-Palestine protesters and online advocates since October 2023, bringing charges under a criticised cybercrime law. Human Rights Watch documented cases where activists were charged under the law, undermining free speech, threatening anonymity, and introducing a new authority to control social media. Detainees face charges for posting critical content on social media, but many are re-apprehended or kept in custody using abusive administrative procedures. Jordan's prime minister claims no arrests have occurred for practising the right to peaceful expression. https://www.hrw.org/news/2024/02/06/jordan-arrests-harassment-pro-palestine-protesters

  • Guernica 37 Chambers is Recruiting

    Following expansion over the last twelve months chambers is looking to recruit a clerk to assist the Senior Clerk in its London office. Assistant Clerk Salary: £33,000 Guernica 37 Chambers Deadline: 26th February 2024 6pm Guernica 37 Chambers is a boutique set specialising in International Criminal Law, Criminal Law, and Extradition. We provide highly technical legal services assisting individuals, civil society groups, international organisations, businesses and government institutions to further transitional justice, defend human rights and enforce international criminal law. Current instructions include high-profile cases and investigations before domestic courts in England and Wales and abroad, specialised tribunals (Kosovo Specialist Chambers in The Hague), regional human rights courts and institutions (such as the European Court of Human Rights) and international courts, such as the International Criminal Court and the International Court of Justice in The Hague. Guernica 37 has offices in London, Madrid, The Hague and San Francisco. Following expansion over the last twelve months chambers is looking to recruit a clerk to assist the Senior Clerk. The successful applicant should have 12-18 months’ experience in a set of chambers. Previous experience in a set of criminal chambers would be beneficial but not essential. The applicant should also be proficient in Microsoft Word, Outlook and Excel and previous experience of using the Lex system would be helpful. The position involves assisting the senior clerk with: i)               Data input and Diary management ii)              Case management, administration, agreeing and billing Counsel’s fees iii)             Providing a bespoke service to members of chambers and clients iv)             Business development Normal hours of work are 9am to 6pm Monday to Friday. Additional hours may be required from time to time due to the international aspect of chambers’ work. To apply, please send a CV and covering letter to the Senior Clerk, Mark Cornell, by emial to: markc@guernica37.com The closing date for applications is 6pm on Monday 26th February 2024. All applications will be dealt with in strict confidence. Guernica 37 is an equal opportunities employer.

  • Balkan Legal News - 9 February 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 2 February 2024 to 9 February 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Kosovo - 9 February 2024 The Prime Minister of Kosovo and Serbia’s President joined Security Council members in a heated discussion centred on new rules, which came into force on 1 February. The Central Bank of Kosovo regulation made the Euro, not the Serbian dinar, the only currency allowed for cash transactions; see here. North Macedonia - 8 February 2024 The sports betting sector warns of job losses after parliament in Skopje adopts a new law banning gambling establishments from within half a-kilometre radius of schools; see here. Albania - 7 February 2024 Thousands of migrants rescued in international waters by Italy can be sent to Albania, Albania’s Constitutional Court announced Wednesday. Albania’s parliament will vote Thursday on an agreement reached in November between Albanian Prime Minister Edi Rama and Italian Premier Giorgia Meloni; see here. Poland/Czechia - 7 February 2024 The immediate fate of the Istanbul Convention in Poland and Czechia masks a more complicated picture recently about women’s rights in the two countries; see here. Croatia - 7 February 2024 Parliament has confirmed the appointment of Ivan Turudic as Croatia's Attorney General, despite opposition claims that his election will 'put the last nail in the coffin' of the justice system; see here. Serbia - 6 February 2024 After state security officers accused of killing Serbian opposition journalist Slavko Curuvija were controversially acquitted, the country’s top prosecutor could claim the law was violated – but that won’t secure convictions, his family’s lawyer said; see here. Kosovo - 6 February 2024 The US has accused authorities in Kosovo of “unnecessarily raising ethnic tensions” after the government imposed a ban on Serbia’s currency and instructed its Serb minority to adopt the euro; see here. Bosnia - 6 February 2024 The trial of Republika Srpska President Milorad Dodik on charges of defying the rulings of an international peace envoy opened on February 5 in Bosnia-Herzegovina after several postponements; see here. Albania - 5 February 2024 As the Socialist-controlled parliament drags its feet over the case of Socialist MP and former minister Olta Xhacka's mandate, the Constitutional Court's chief judge has reminded it that court rulings are final – and must be implemented; see here. Serbia - 4 February 2024 The arrest of pro-west politician Nikola Sandulović, who dared to apologise over Kosovo crimes, exposes tensions still festering in the Balkans; see here.

  • International Legal News 5 February 2024

    The following media round up on international and foreign policy issues from around the world for the period of 30 January to 5 February 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Hong Kong – 3 February Hong Kong’s “Worldcoin” offices have been raided by the Office of the Privacy Commissioner for Personal Data (PCPD) due to concerns over the cryptocurrency's data collection practices. Watchdogs are investigating whether Worldcoin obtained genuine consent and its operations are transparent. The Hong Kong Information Technology Federation has expressed concerns about Worldcoin's opaqueness. Countries like Germany, the UK, Argentina, and France have also launched investigations. https://coingeek.com/worldcoin-offices-in-hong-kong-raided-over-serious-risks-to-data-privacy-allegations/ Lebanon – 3 February Lokman Slim, a Lebanese researcher and Hezbollah critic was killed in Lebanon three years ago. The investigation into his death has been halted due to procedural violations and negligence. Human Rights Watch reported on procedural violations and the lack of progress. Prosecutorial and investigative authorities need to follow up on crucial evidence. https://www.hrw.org/news/2024/02/03/still-no-justice-slain-lebanese-researchers-family USA – 3 February According to experts, the launch of US exchange-traded funds (ETFs) tracking bitcoin deepens ties between the volatile world of cryptocurrencies and the traditional financial system, potentially creating new risks. The Securities and Exchange Commission (SEC) approved 11 spot bitcoin ETFs from issuers, including BlackRock and Invesco/Galaxy Digital, a watershed moment for the crypto industry. The ETFs combined have around $21 billion in assets and could draw as much as $100 billion this year alone from retail and institutional investors. If widely adopted, the products could pose risks to other parts of the financial system during market stress by exacerbating bitcoin price volatility or creating dislocations between the price of the ETF and bitcoin. https://cyprus-mail.com/2024/02/03/us-bitcoin-etfs-raise-questions-over-broader-financial-system-risks/ Burkina Faso/Mali/Niger – 2 February Burkina Faso, Mali, and Niger have announced their withdrawal from the Economic Community of West African States (ECOWAS), citing concerns over human rights violations and the regional body's influence. The decision, limiting access to justice, would also deprive these countries of an independent tribunal. ECOWAS has called for civilian rule and sanctions. https://www.hrw.org/news/2024/02/02/burkina-faso-mali-and-niger-quit-regional-bloc Indonesia – 2 February Human Rights Watch has submitted a report to the UN Human Rights Committee on the situation of people with disabilities in Indonesia from 2014 to 2020, highlighting abuses such as stigma, arbitrary detention, involuntary treatment, chaining, violence, and forced contraception. The report also calls for stronger laws recognising disability discrimination and improving mental health support services. https://www.hrw.org/news/2024/02/02/indonesia-submission-un-human-rights-committee DR Congo – 2 February Human Rights Watch has called on the Democratic Republic of Congo authorities to release prominent journalist Stanis Bujakera and drop the charges against him. Bujakera has been detained since September 8, 2023, and charged with fabricating and distributing a fake intelligence memo claiming Congolese military intelligence had killed a senior opposition official, Chérubin Okende. The case has increasingly appeared politically motivated and part of a crackdown on the media. The Congolese authorities claimed the intelligence memo was fake and accused Bujakera of sharing it from his messaging applications. The case revolves around the July 12, 2023, disappearance of Okende, a member of parliament and spokesman for the opposition party “Ensemble pour la République”. The court has repeatedly denied provisional release to Bujakera, ignoring international bail standards and a global outcry over his continued detention. https://www.hrw.org/news/2024/02/02/dr-congo-free-prominent-journalist-drop-charges Belarus/Cyprus – 1 February An indictment has been unsealed charging a Belarusian and Cypriot national with money laundering conspiracy and operation of an unlicensed money services business. Aliaksandr Klimenka, 42, is accused of controlling BTC-e, a digital currency exchange, Soft-FX, and FX Open. The indictment alleges BTC-e was a significant cybercrime and online money laundering entity, facilitating transactions for cybercriminals worldwide and receiving criminal proceeds from various incidents. Klimenka was arrested in Latvia and faces a maximum penalty of 25 years if convicted. https://www.justice.gov/opa/pr/foreign-national-charged-international-money-laundering-conspiracy-and-role-operation China – 1 February A report by Human Rights Watch has found that global carmakers, including General Motors, Tesla, BYD, Toyota, and Volkswagen, are failing to minimise the risk of Uyghur forced labour in their aluminium supply chains. The report found that some carmakers have applied weaker human rights and responsible sourcing standards in their Chinese joint ventures. The Chinese government has committed crimes against humanity in Xinjiang since 2017, including arbitrary detention, enforced disappearances, and forced labour against Uyghurs. Xinjiang's aluminium production has grown, but tainted aluminium can enter domestic and global supply chains undetected, posing risks to car companies. The report calls for governments to pay more attention to human rights in China and ensure businesses do not use or benefit from forced labour. https://www.hrw.org/news/2024/02/01/china-carmakers-implicated-uyghur-forced-labor Israel/USA – 1 February Families of hostages and victims of Hamas in Israel are suing cryptocurrency exchange Binance for its alleged role in processing transactions associated with the terrorist group and others operating in the region. The complaint was filed in the U.S. District Court of the Southern District of New York on behalf of US citizens who were murdered, maimed, taken hostage, or otherwise injured in acts of terror perpetrated by Hamas and other terrorist groups in the State of Israel on October 7, 2023. The plaintiffs, who are also suing Iran and Syria, accuse Binance of facilitating the financing of Hamas, which is listed as a terror group by the U.S., U.K. and other jurisdictions, and other terrorist organisations between 2017 and 2023. More than 100 Binance accounts with suspected links to Hamas were frozen at the request of Israeli law enforcement in the ten days following the attacks. https://www.coindesk.com/policy/2024/02/01/binance-sued-by-families-of-hamas-victims-hostages/ Italy/Albania – 1 February Italy's detention deal with Albania is set to proceed despite concerns that it may violate international law and create legal limbo for vulnerable people. The plan involves setting up two detention centres in Albania, with a capacity of 3,000 people. The plan could cost €700 million over five years and raises questions about the impact on Italy's search-and-rescue operations and the application of Italian and EU law. https://www.hrw.org/news/2024/02/01/italys-dodgy-detention-deal-albania Sudan – 31 January The International Organization for Migration reported that 10.7 million people have been displaced from their homes in Sudan, with 9 million internally displaced. Sudan now has the highest rate of internal displacement in the world, surpassing Syria's 7.2 million. The warring parties, the Rapid Support Forces (RSF) and Sudanese Armed Forces (SAF) have been blamed for the crisis. The international response has failed to prioritise civilian protection, hold warring parties accountable, or ensure safe humanitarian access. https://www.hrw.org/news/2024/01/31/sudan-conflict-fuels-worlds-largest-internal-displacement Thailand/Russia - 31 January Thai authorities are considering deporting Bi-2 rock music band members to Russia following their detention in Thailand. The band, known for its anti-war stance against Russia's invasion of Ukraine, has faced a state-backed smear campaign and a 'foreign agent' designation by Russian authorities. Amnesty International Deputy Director Denis Krivosheev urges Thai authorities to uphold international obligations and allow the band members to leave Thailand. https://www.amnesty.org/en/latest/news/2024/01/thailand-russia-prevent-deportation-of-russian-rock-band-members-at-risk-of-persecution/ USA – 31 January Senator Ben Cardin introduced the “Human Rights Defenders Protection Act” of 2024 to protect individuals abroad who face reprisals for defending human rights and democracy. The Bill would integrate support for rights defenders into US policies, encourage private sector engagement, and improve assistance for exiled rights defenders. It would also establish a Global Strategy for Human Rights Defenders. https://www.hrw.org/news/2024/01/31/proposed-us-law-would-protect-human-rights-defenders UK - 31 January Fetch.ai, the tech firm behind the Fetch.ai crypto token, has been put into administration and sold back to a consortium of its founders. The Suffolk-based firm faced financial difficulties towards the end of 2023 and appointed administrators to find rescue capital or secure a sale of shares, business, and assets. Fetch.ai’s market cap is over half a billion dollars, with a daily trading volume of around $50 million. The company does not own the token and will not be directly impacted by the administration process. ReSolve, the company's insolvency partner, said the founders put forward the best offer. https://www.standard.co.uk/business/fet-creator-fetch-ai-put-in-administration-after-search-to-find-urgent-rescue-capital-b1135797.html Japan – 31 January Japan has expressed concern about China's human rights situation, recommending Beijing to protect minorities' rights and guarantee fundamental rights under Hong Kong’s basic law. The Japanese government has also passed resolutions addressing human rights issues in Xinjiang, Hong Kong, Tibet, and Inner Mongolia. Japan suggests enacting targeted human rights sanctions and working towards a UN resolution to investigate violations. https://www.hrw.org/news/2024/01/31/japan-again-calls-out-chinese-governments-rights-abuses UK/China – 30 January A former Chinese takeaway worker, Jian Wen, is on trial for money laundering charges following a £1.4bn investment fraud in China. Wen is accused of acting as a "front person" to help launder the proceeds of the fraud. Police seized devices containing digital wallets holding over 61,000 Bitcoins, valued at over £1.4 billion. Wen denies three counts of money laundering between October 2017 and January 2022. The trial continues, and the jury will decide whether Wen knew or suspected the Bitcoin was the proceeds of the crime. https://news.sky.com/story/bitcoin-worth-1-4bn-seized-after-ex-takeaway-worker-tried-to-buy-23m-mansion-court-hears-13059926 Myanmar – 30 January Myanmar's military junta has been conducting unlawful airstrikes on civilians in its operations against opposition and ethnic armed groups, according to Human Rights Watch. The junta's abuses, including arbitrary arrests, torture, extrajudicial killings, and indiscriminate attacks on civilians, amount to crimes against humanity and war crimes. In 2023, Human Rights Watch found that the military's unlawful airstrikes in Sagaing Region and Kachin State were apparent war crimes. The United Nations High Commissioner for Human Rights, Volker Türk, has declared Myanmar's deteriorating human rights situation in "free fall." The junta's actions have displaced around 600,000 people across the country, with an unknown number of civilians killed and injured in recent airstrikes. The UN Security Council looks to impose an arms embargo on Myanmar and refer the situation to the International Criminal Court. https://www.hrw.org/news/2024/01/30/myanmar-military-abuses-against-civilians-intensify Saudi Arabia – 30 January Saudi Arabia must abide by recommendations from the UN Human Rights Council's Universal Periodic Review (UPR) Working Group report, which includes 354 recommendations from 135 UN member states. The report calls for reforms in areas such as freedom of expression, association, peaceful assembly, abolishing the death penalty, protecting migrant workers' rights, and eliminating discrimination against women. Amnesty International urges Saudi Arabian authorities to take these recommendations as a wake-up call to end their most egregious human rights violations, including the crackdown on freedom of expression, child offenders' death sentences, and migrant torture. https://www.amnesty.org/en/latest/news/2024/01/saudi-arabia-authorities-must-abide-by-recommendations-from-un-human-rights-council-review/ Yemen – 30 January Ansar Allah, the Houthi armed group, has arrested a Yemeni judge, Abdulwahab Qatran, for his criticism of Houthi actions in the Red Sea. Human Rights Watch believes the arrest was due to Qatran's political and rights activism rather than alcohol-related reasons. The Houthis have been accused of arbitrary detention, disappearance, assault, and torture of activists, journalists, and students, violating their rights to a fair trial, liberty, and security. The arrest is part of a broader pattern of Houthi crackdowns on freedom of expression and abuse against activists and political opponents. The UN Panel of Experts on Yemen has documented numerous cases involving arbitrary detention, enforced disappearance, and torture, with most violations attributed to the Houthi forces. https://www.hrw.org/news/2024/01/30/yemen-judge-arrested-after-criticizing-houthis

  • Balkan Legal News - 2 February 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 26 January 2024 to 2 February 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Hungary - 1 February 2024 Leaders from the European Union unanimously agreed to a four-year 50 billion-euro aid package for Ukraine as Hungary, which vetoed the deal in December, fell into line with the other 26 member states, ending weeks of wrangling over the move; see here. Kosovo - 1 February 2024 A draft law requiring online media that produce videos to apply for licensing has drawn criticism from local and international media organisations, which accuse the government of attempting to put them under state control; see here. Kosovo - 1 February 2024 After a month of hearings at the trial of Kosovo’s ex-President Hashim Thaci in The Hague that have mainly been closed to the public, experts warned that this will boost suspicions about the war crimes court back in Kosovo; see here. Greece - 1 February 2024 Greek MPs will debate a government bill next month that will extend the rights offered to same-sex couples and parents, but stops short of full equality; see here. Albania - 1 February 2024 Italy's detention deal with Albania breaches international law and is abusive in many aspects, including by potentially creating legal limbo for vulnerable people. Yet, the plan to detain in Albania people interdicted or rescued by Italy in the Mediterranean Sea looks set to go ahead; see here. Croatia - 31 January 2024 Hundreds of reporters gathered in the Croatian capital on Wednesday, protesting against a draft law imposing prison terms for those who leak details of police investigations, accusing the government of trying to block reports about corruption; see here. Kosovo - 31 January 2024 The government offers an undefined transition period for Kosovo Serbs to start using the euro, while vowing to stick to the plan of drawing them into Kosovo's financial system; see here. Romania - 30 January 2024 Corruption in Western Europe and the entire European Union is worsening, according to the 2023 Transparency International report on the fight against corruption. Hungary, Romania, and Bulgaria are ranked as the most corrupt in Europe in the same report; see here. Serbia - 30 January 2024 Serbia is considering reintroducing compulsory military service, its president said Tuesday, citing tensions in the Balkans and elsewhere in Europe. President Aleksandar Vučić said top army commanders gave him "a strong argumentation" in favour of the reintroduction of a mandatory draft; see here. Montenegro - 27 January 2024 Legal expert Milorad Markovic has been appointed the country's new Supreme State Prosecutor, more than two years after the former prosecutor, Ivica Stankovic, retired; see here.

bottom of page