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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.

The following media round up on international and foreign policy issues from around the world for the period of 23 January to 29 January 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. Honduras – 27 January Honduran activists are facing harassment and killings in their campaign to protect the Guapinol and San Pedro rivers in the Bajo Aguán region. The Guapinol community has been fighting for two years against an iron mine that negatively impacts agriculture and fishing. They formed the Municipal Committee for the Defence of Common and Public Property in 2015 and the Guapinol Community Council in 2018. Amnesty International declared them "prisoners of conscience" for exercising their human rights. Honduran activists face significant challenges in protecting natural resources, with 11 killings documented in 2022. The Escazú Agreement, the first regional environmental treaty in Latin America and the Caribbean, aims to set new environmental protection and human rights standards. https://www.amnesty.org/en/latest/news/2024/01/activists-harassment-killings-protect-rivers-honduras/ Estonia – 27 January The Estonian government has approved the extradition of two alleged masterminds behind the “Hashflare” crypto mining Ponzi scheme to the United States. The Estonian Ministry of Justice has gathered sufficient evidence as demanded by the court, and the Estonian government believes it has met the conditions set by the Tallinn Circuit Court. The duo, Ivan Turogin and Sergei Potapenko, are accused of operating a Ponzi scheme that fleeced $575 million from unsuspecting investors. The Estonian government believes it has met the conditions set by the court, and the men's extradition to the U.S. would be above board. The scheme reportedly took money from hundreds of thousands of Estonian and non-Estonian investors who were promised high investment returns. https://news.bitcoin.com/estonian-government-approves-extradition-of-crypto-fraud-accused-duo-to-the-us-again/# Israel – 26 January The International Court of Justice (ICJ) has ordered Israel to comply with a provisional order to prevent genocide against Palestinians in Gaza. The ruling, which ordered six provisional measures, includes refraining from acts under the Genocide Convention, preventing and punishing direct and public incitement to genocide, and providing humanitarian assistance to civilians in Gaza. Amnesty International has warned of the risk of genocide in Gaza due to the high death toll among Palestinians, widespread destruction caused by Israel's bombardment, and the deliberate denial of humanitarian aid. The ICJ's decision is an authoritative reminder of the crucial role of international law in preventing genocide and protecting all victims of atrocity crimes. Amnesty International calls on Israel, Hamas, and other Palestinian armed groups to suspend all military operations in Gaza, lift its siege, and allow the flow of humanitarian aid to Palestinians. https://www.amnesty.org/en/latest/news/2024/01/israel-must-comply-with-key-icj-ruling-ordering-it-do-all-in-its-power-to-prevent-genocide-against-palestinians-in-gaza/ Mali – 26 January Mali's junta has announced the end of a 2015 peace agreement with armed separatist groups. The agreement was signed in June 2015 by the Malian government and a coalition of ethnic Tuareg armed groups. However, the deal began to fray in August 2023 due to renewed hostilities between the rebels and Malian forces. The conflict has escalated, with a surge in attacks by armed Islamist groups across Mali. As UN peacekeepers withdraw, there are concerns about the rights monitoring and accountability for security force abuses. The parties must take necessary measures to minimise harm to civilians and end unlawful attacks on civilians and property. https://www.hrw.org/news/2024/01/26/malis-peace-deal-ends Belarus – 25 January Belarusian authorities have detained several dozen individuals, primarily relatives of those imprisoned for political reasons, in a crackdown on dissent. Amnesty International's Eastern Europe and Central Asia Director, Marie Struthers, criticised the severity of the crackdown, stating that all those arbitrarily detained, including those involved in peaceful political activism, must be immediately released. The Viasna Human Rights Centre reported that police raided the homes of around 160 individuals. The pattern of targeting political prisoners' relatives is not new in Belarus, with previous detentions involving political prisoners' relatives and those engaged in the INeedHelpBY project. https://www.amnesty.org/en/latest/news/2024/01/belarus-dozens-of-relatives-of-people-imprisoned-for-political-reasons-detained-in-alarming-new-crackdown/ USA – 25 January A US judge has blocked Changpeng 'CZ' Zhao's request to travel to the UAE for an unnamed individual's hospitalisation and surgery. Zhao's lawyers had requested his $4.5 billion Binance US equity as security for his return. Zhao pleaded guilty in November 2023 to failing to maintain an effective anti-money laundering program at Binance and agreed to step down as CEO as part of a settlement with the U.S. Department of Justice. As part of the settlement, Binance was required to exit the U.S. market and pay $4.3 billion in penalties for AML and sanctions violations. The judge ruled that Zhao must remain in the U.S. pending his sentencing, citing his wealth abroad and lack of ties to the U.S. https://decrypt.co/214169/judge-blocks-cz-travel-to-uae-despite-offer-to-use-4-5b-binance-equity-as-security Burkina Faso – 25 January Three Burkina Faso, military drone strikes, targeting Islamist fighters have killed at least 60 civilians and injured scores more at two crowded markets and a packed funeral in Burkina Faso and Mali between August and November 2023. Human Rights Watch accuses the Burkinabè military of violating laws-of-war prohibitions against attacks that do not discriminate between civilians and military targets and are apparent war crimes. The Burkinabè government should investigate these attacks, hold those responsible accountable, and provide adequate support for victims and their families. The conflict between the JNIM and the Islamic State has resulted in at least 7,600 deaths in 2023 alone, forcing 2.1 million people from their homes and shutting over 6,100 schools since 2021. Human Rights Watch has documented serious abuses by the Burkinabè security forces and pro-government militias during its counterinsurgency operations, including unlawful killings, torture, and enforced disappearances. https://www.hrw.org/news/2024/01/25/burkina-faso-drone-strikes-civilians-apparent-war-crimes Sri Lanka – 24 January The Sri Lankan Parliament has passed an Online Safety Act, which is a significant blow to freedom of expression in the country. The Act provides broad powers to an 'Online Safety Commission'. It includes provisions restricting the enjoyment of freedom of expression and privacy online and vaguely worded offences such as 'prohibited statements'. Amnesty International Regional Researcher for South Asia Thyagi Ruwanpathirana argues that many parts of the Act do not meet international human rights standards, including overbroad provisions restricting the enjoyment of these rights. The Act also includes a prohibition on 'communicating a false statement' that threatens national security, public health, or public order, promoting feelings of ill-will and hostility between different classes of people. https://www.amnesty.org/en/latest/news/2024/01/sri-lanka-online-safety-act-major-blow-to-freedom-of-expression/ Iraq – 24 January Iraq's inmates at Nasiriyah prison are facing imminent execution without warning if President Abdul Latif Rashid approves their death sentences. Human Rights Watch has called for a moratorium on all executions and judicial system reforms to abolish the death penalty. The executions were to be carried out without regard for the fundamental rights of those facing the death penalty, and the Iraqi government should immediately declare a moratorium on all executions. The government should reiterate to judges that they are obligated to dismiss any evidence obtained by torture. Iraqi judges have sentenced defendants to death on the overbroad charge of mere "membership of a terrorist organisation" without reference to any acts of violence. The country has one of the highest rates of executions in the world, and it is deeply troubling to see the country revert to the death penalty instead of making meaningful reforms in the judiciary that would ensure fair trials. https://www.hrw.org/news/2024/01/24/iraq-unlawful-mass-executions-resume China – 23 January China's Universal Periodic Review (UPR) focuses on its human rights record. Amnesty International's China director, Sarah Brooks, states that the review should have been a reckoning for the Chinese authorities. Brooks criticised China for denying the scale of human rights violations documented in UN reports and offering up its anti-human rights approach as a model for other countries. She also noted that many states recommended that China cooperate more meaningfully with the UN system, including implementing expert policy recommendations and unfettered access for international rights experts. Brooks emphasised that China's time-tested tactic of repressing human rights defenders means that those best placed to take this work forward are silenced, in prison or otherwise detained, under surveillance, in exile. https://www.amnesty.org/en/latest/news/2024/01/china-attempts-to-gaslight-international-community-at-un-human-rights-review/ USA – 23 January The US Securities and Exchange Commission (SEC) has affirmed its regulatory authority over specific cryptocurrency assets following a legal battle with Binance, the world's largest crypto exchange. SEC lawyers argued that the Howey Test, a critical legal test, can be used to regulate specific crypto assets. Binance's attorney, Matthew Gregory, argued that the SEC must establish clear cryptocurrency sector regulations. SEC lawyers challenged Binance's definition of securities, emphasising the flexibility of the test. Binance has requested Judge Amy Berman Jackson to dismiss the charges against the company and its related parties. Judge Jackson questioned Binance's fair notice defence, stating that regulators are not obligated to notify parties about potential violations. The SEC's allegations are partly based on the premise that many ongoing activities involving relevant crypto assets are associated with a "reasonable expectation of profit." https://www.ccn.com/news/binance-demands-sec-clarity-ongoing-securities-law-battle/ UN - 23 January Human Rights Watch has urged over 100 global groups to reject the draft global cybercrime treaty, which risks facilitating a crackdown on human rights. The groups encouraged states to ensure the treaty is narrowly focused on tackling cybercrime and incorporates strong human rights safeguards. The draft convention contains broad criminal provisions, weak human rights safeguards, and excessive cross-border information-sharing requirements. The group argues that the convention's overreach could undermine its objectives by diluting efforts to address actual cybercrime while failing to safeguard legitimate security research, leaving people less secure online. https://www.hrw.org/news/2024/01/23/un-draft-cybercrime-treaty-threatens-rights Global - 22 January Alameda Research has dropped its lawsuit against Bitcoin fund manager Grayscale, allowing the failed crypto brand's new management to sell shares in its recovery fund. The lawsuit alleged Grayscale had an "improper redemption ban" and was dropped today. Grayscale responded by stating that the legal action was "without merit." FTX, Alameda's affiliate, went bankrupt in November 2022, and its new management has been working to recover customers' lost cash. FTX's new management has been working on regaining money for clients who lost out after the exchange's collapse. https://decrypt.co/213748/alameda-research-drops-grayscale-lawsuit-sparking-share-redemption-rush

On 20 January 2023 the Republic of Argentina requested an Advisory Opinion from the Inter-American Court of Human Rights regarding the existence and scope of a “right to care” and its relationship to other economic, social, cultural and environmental rights. The Court is faced with intersectional questions pertaining to the rights of care-givers and care-receivers under international law, and the scope of obligations owed to each in respect of healthcare and the right to work and social security, among others. Moreover, the Court, if it accepts jurisdiction, will be expected to consider the right to self-determination under international law, as well as the right to dignity and a dignified life. Anna Rubbi was instructed in a written intervention by Global Strategic Litigation Council and Cristosal, led by Ali Al Karim of Brick Court Chambers. Anna also worked alongside Nick Jones of 1 Crown Office Row, Natalie Nguyen of Monckton Chambers, and Honor Brocklebank-Fowler of 4 Stone Buildings. Professor Sandra Fredman (University of Oxford) and Professor Catherine Barnard (University of Cambridge) support the legal team as academic consultants. The written observations filed in the case are available here in Spanish.

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 19 January 2024 to 26 January 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 - 25 January 2024 Turkey's president finally approved Sweden's bid to join NATO on Thursday, ending months of delay and leaving only Hungary standing in the way of Stockholm's membership of the military alliance; see here. Croatia - 25 January 2024 Ivan Turudic looks set to become Croatia's new attorney general after being selected as the favourite for the post by the government – although some opposition MPs expressed dissent; see here. Bosnia - 25 January 2024 Comment: The narrative from Bosnia to Gaza is not just a recounting of personal trauma; it is a call to action, an urgent plea for a world where the innocence of children is safeguarded and the echoes of genocide are silenced forever; see here. Greece - 25 January 2024 Greek media outlets and journalists involved in revealing the wiretapping scandal testified in an Athens court on Thursday on the lawsuit issued against them by the PM's nephew and former secretary; see here. Bosnia - 24 January 2024 Bosnia will miss the chance to start EU accession talks this year if it does not adopt the laws demanded by the EU within the next six weeks, EU Commission President Ursula von der Leyen, Dutch Prime Minister Mark Rutte and Croatian Prime Minister Andrej Plenković, warned during their visit to Sarajevo on Tuesday; see here. Bulgaria - 24 January 2024 Cryptocurrency lender Nexo is seeking $3 billion in damages from Bulgaria over an aborted criminal investigation that the company alleges scuppered its plans for a U.S. stock market listing and a soccer sponsorship deal, legal filings seen by Reuters show; see here. Greece - 23 January 2024 The European Court of Human Rights ruled that Greece was responsible for the degrading treatment of an Afghan asylum-seeker who arrived as an unaccompanied minor and was not given suitable accommodation; see here. Moldova - 23 January 2024 The former head of the Moldovan government, Vlad Filat, is to testify in his trial for alleged involvement in the ‘Grant Theft’ case, in which $1 billion was stolen from Moldovan banks; see here. Montenegro - 23 January 2024 Montenegro’s Justice Ministry refused to extradite Turkish citizen Binali Camgoz, the alleged leader of a criminal organisation who is accused of killing two people, because of his disability and Kurdish ethnicity; see here. Romania - 19 January 2024 Following public spats with Hungary and Poland, Pfizer and its German mRNA partner BioNTech have kicked off legal proceedings against Romania. The lawsuit marks the latest move in Pfizer’s campaign to press countries to honour COVID-19 vaccine contracts inked by the European Commission in May 2021; see here.

The following media round up on international and foreign policy issues from around the world for the period of 16 January to 22 January 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. USA -20 January Ripple's legal team has rejected the US Securities and Exchange Commission (SEC) request for additional financial documents, deeming it untimely and unjustifiable. The company argues that the request needs to be more relevant and manageable, citing previous discoveries and concerns about potential delays in proceedings. Ripple Labs also expressed concerns that the SEC's summary procedure could deprive it of standard pre-suit investigation protections. The legal dispute between Ripple and the SEC continues, with the trial slated to commence in April, adding to the situation's complexities. Ripple's lawyers argue that the regulatory body cannot unilaterally extend its interrogatories in the case. https://beincrypto.com/sec-vs-ripple-lawsuit-latest-developments/ Singapore – 19 January Singapore's most significant money laundering case has seized assets worth over S$3 billion ($2.24 billion) from S$2.8 billion in October. The case involved ten foreigners who allegedly laundered the proceeds of their overseas organised crime activities. The number of assets seized rose from S$1.8 billion in early September to S$2.8 billion in October. Authorities are now reviewing the anti-money laundering legislation, inspecting financial institutions suspected of involvement, and considering regulating high-value assets, such as luxury cars and bags. https://www.reuters.com/world/asia-pacific/assets-seized-singapore-money-laundering-case-swell-22-bln-media-2024-01-19/?fbclid=IwAR1tIc6nWkIDYtcFlm9h8_0wDwaIewLBYF26QwH1AzuphkHGWDaOJbWTWsE Eswatini – 19 January Opposition activist Thulani Maseko was killed in Eswatini in January 2021. Despite a government statement stating that the police prioritised Maseko's murder and others following the June 2021 civil unrest, no credible investigation has been conducted. The government has made false accusations against Maseko's widow, Tanele Maseko, who blamed King Mswati III for her husband's killing. Eswatini's regional and international partners and civil society organisations have called for an independent, thorough, and impartial investigation. If such an investigation is underway, it should ensure transparency and accountability for the family. https://www.hrw.org/news/2024/01/19/no-justice-murder-eswatini-activist Taiwan – 19 January Taiwan's Democratic Progressive Party's election has raised pressure on the digital assets sector, with President-elect Lai Ching-te aiming to set consumer protection standards for crypto firms. Despite the country's reputation as a "scam island," Lai has vowed to crack down on fraud, including those using cryptocurrencies. The number of fraud cases reached a 10-year high; Lai has also promised to crack down. Deepfake AI videos of Lai and President Tsai Ying-wen began appearing on social media, encouraging people to invest in crypto. Deepfake AI videos of Singaporean Prime Minister Lee Hsien Loong also emerged in November. A finance professor at Tsinghua University in Beijing, Zhang Xiaoyan, explained the government outlawed crypto speculation and Bitcoin mining, cracking down on their use by organised crime. She also worried about retail investors needing more financial literacy to manage their wealth and excessive risk-taking, ultimately hurting their long-term growth. https://www.dlnews.com/articles/people-culture/taiwans-new-president-is-already-setting-new-crypto-rules/ Burundi – 19 January Burundi's president, Évariste Ndayishimiye, has sparked a growing fear of LGBT people in the country. He suggested that accepting homosexuality would attract a curse and that it would be better to stone LGBT people. This has led to a surge of hate and violence, with some calling for more violence and punishments. The US and EU have called for Burundi's government to respect the rights of all Burundians but have not called out the remarks as homophobic. The crackdown on LGBT rights is expected to worsen amidst Burundi's broader human rights crisis, including political repression and restrictions on freedom of expression. https://www.hrw.org/news/2024/01/19/burundi-president-stokes-fear-among-lgbt-people EU – 18 January The European Union has agreed to stricter anti-money laundering rules for crypto assets and luxury car dealers, warning that oligarchs and criminals could no longer hide in the 27-country bloc. The deal introduces a single EU rulebook for tackling money laundering across the bloc, completing a package with a new EU anti-money laundering authority (AMLA). The latest deal gives AMLA powers to intervene if a member state needs to be faster in tackling money laundering. The scope of anti-money laundering rules broadens to include crypto assets, luxury goods traders, football clubs and agents, and "golden" visas granted by some EU states in return for property investment. Crypto asset service providers must make checks on customers carrying out transactions worth 1,000 euros or more and report suspicious activity. https://www.reuters.com/markets/currencies/eu-agrees-stricter-rules-combat-moneylaundering-capture-cryptoassets-2024-01-18/ Russia – 18 January Amnesty International has called for an investigation into the use of force by police in Bashkortostan protests. The protests were triggered by police using high-grade protective gear to deny peaceful assembly. Videos show protesters responding with snowballs to the police's use of tear gas. Amnesty International claims the criminal charges against the protesters and authorities' claim of responding to mass riots are baseless. The protests intensified after the human rights activist Fail Alsynov's sentencing and led to arrests and confrontations. A criminal case was initiated under Russia's Criminal Code, resulting in 17 people being put under administrative arrest for participating in an unauthorised mass gathering. https://www.amnesty.org/en/latest/news/2024/01/russia-use-of-force-by-police-in-bashkortostan-protests-should-be-investigated/ USA – 18 January Donald Trump has launched a digital collectable promotion, a Bitcoin ordinal, that costs $9,900 but cannot be traded by its owners for almost a year. Collectors who pay $99 for 100 of his "mugshot edition" NFTs will receive a unique card in the form of an ordinal, an NFT-like digital asset on the Bitcoin blockchain. The offer aims to boost sales of Trump's latest NFT collection, but the ordinals and 100 NFTs can only be traded in December 2024. https://www.coindesk.com/business/2024/01/18/donald-trumps-nfts-have-limits-normal-ones-dont/ Lebanon – 18 January Amnesty International has criticised Lebanon's Cassation Court for suspending an arrest warrant against former public works minister Youssef Fenianos, who was charged with homicide and criminal negligence in the Beirut port blast investigation. The suspension is seen as a sign of the ongoing obstruction of the investigation into the 2020 blast, which killed 235 and injured over 7,000. Amnesty International has called for an international, independent, and impartial investigative mission to uphold justice, truth, and reparation for the families of victims and survivors. The suspension of the domestic investigation into the Beirut blast has been due to arbitrary legal challenges filed against Judge Tarek Bitar and other judges involved in the case. The UN Human Rights Council has been called upon to take decisive action and establish a fact-finding mission into the Beirut blast. https://www.amnesty.org/en/latest/news/2024/01/lebanon-suspension-of-arrest-warrant-for-former-minister-another-travesty-of-justice-in-beirut-blast-investigation/ USA – 17 January Former FTX CEO Sam Bankman-Fried's parents seek to dismiss a lawsuit against them, arguing that it was solely based on their relationship with their son. The lawsuit alleges that Bankman and Fried exploited their influence within the FTX empire to enrich themselves at the expense of debtors in the FTX bankruptcy estate. Bankman and Fried's lawyers argue that the relationship is not actionable and that even if there was a fiduciary relationship, the plaintiffs have failed to allege a breach plausibly. They also say that the complaint must contain sufficient facts to draw the reasonable inference that the defendant is liable for the misconduct alleged. FTX has been trying to claw back millions of dollars in cash and gifts from the couple. https://cointelegraph.com/news/sam-bankman-fried-parents-seek-dismissal-ftx-clawback-lawsuit Kyrgyzstan – 17 January Amnesty International's Central Asia Researcher, Maisy Weicherding, has criticised Kyrgyzstani authorities for escalating their crackdown on freedom of expression. The authorities have detained journalists affiliated with independent media outlets and raided their homes and offices. The actions are seen as a new attack on the right to freedom of expression and undermine the country's obligations under international human rights law. Weicherding argues that the use of vague and unsubstantiated charges, such as "inciting unrest" and "propaganda of war," exposes the arbitrary nature of criminal proceedings. https://www.amnesty.org/en/latest/news/2024/01/kyrgyzstan-authorities-escalate-crackdown-on-freedom-of-expression-with-raids-on-journalists-offices-and-homes/ Andorra – 17 January The abortion rights activist Vanessa Mendoza Cortés has been acquitted of defamation charges in Andorra. The acquittal is a significant victory. The Centre for Reproductive Rights, Women's Link Worldwide, and Front-Line Defenders welcomed the decision and called on Andorran authorities to publicly recognise the legitimacy of Mendoza Cortés' human rights work. The acquittal upholds Cortés' right to freedom of expression and affirms the legitimacy of the efforts of all those defending women's rights and sexual and reproductive rights. The organisations called on Andorra to comply with its obligations to decriminalise abortion and make access to it safe and legal in the country. https://www.amnesty.org/en/latest/news/2024/01/andorra-acquittal-of-activist-who-raised-concerns-about-total-abortion-ban-at-a-un-meeting-an-important-victory/ Indonesia – 16 January Indonesian authorities should “stop pushing back boats carrying Rohingya refugees and investigate assaults on them”, according to Human Rights Watch. The group claims that over 100 students assaulted 137 Rohingya refugees in Banda Aceh, forcing them onto trucks for deportation. The UN High Commissioner for Refugees (UNHCR) reported that 11 Rohingya boats have landed in Aceh and North Sumatra since November, with at least 1,700 refugees, 70% of whom are women and children. The group also claims that Indonesia has faced a coordinated online campaign of misinformation, disinformation, and hate speech against refugees. The group calls for greater regional and international cooperation to respond to boats carrying Rohingya refugees in distress, including coordinated search-and-rescue operations and timely disembarkation at the nearest safe port. https://www.hrw.org/news/2024/01/16/indonesia-protect-newly-arrived-rohingya-refugees

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 12 January 2024 to 19 January 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. Croatia - 18 January 2024 Journalists’ union and opposition slate government’s push for MPs to vote on controversial law at the same time as an uncontroversial law on femicide, calling it a 'cowardly' move; see here. Bosnia - 18 January 2024 Former Security Minister Selmo Cikotic, who was a Bosnian Army officer during the war, is charged with failing to prevent the torture and murder of Croat military prisoners in Bugojno in 1993; see here. Albania - 18 January 2024 Albania’s constitutional court is reviewing the asylum deal signed with Italy. Under the agreement, claims for asylum in the European Union will be processed externally on Albanian soil; see here. Greece - 18 January 2024 Greek police have identified seven people suspected of involvement in the murders of leading members of the Greek mafia in what looks like a bloody inter-mafia feud; see here. Kosovo - 18 January 2024 Two police investigators told the trial for the assassination of opposition politician Oliver Ivanovic that they didn’t see any evidence-tampering after they arrived at the crime scene in North Mitrovica in January 2018; see here. Bosnia - 18 January 2024 After watching South Africa’s case against Israel at the UN court last week accusing the state of committing genocide in its military campaign in Gaza, Bosnian war survivor Arnesa Buljušmić-Kustura felt compelled to act; see here. Bosnia - 18 January 2024 Secretary of State Blinken accuses Bosnian HDZ leader Dragan Covic of putting important natural gas pipeline with Croatia at risk – saying his 'obvious corruption and self-dealing could jeopardise Bosnia and Herzegovina's EU path'; see here. Kosovo - 15 January 2024 In 1999, two UK forensics experts were asked to make a secret trip to examine the bodies of a Kosovo Albanian family allegedly killed by paramilitary boss Zeljko ‘Arkan’ Raznatovic. On the 24th anniversary of Arkan’s own murder, the crime remains unsolved; see here. Bosnia - 15 January 2024 Marketing company Mania designated under the UK’s Bosnia and Herzegovina sanctions regime for activity which threatens peace and stability. Mania were awarded a lucrative contract to organise illegal celebrations for Republika Srpska Day in direct contravention of the country’s constitution and court rulings; see here. Serbia - 12 January 2024 When Serbian opposition politician Nikola Sandulović posted a video apologising for his country’s war crimes in Kosovo, secret police arrested him and beat him up, according to his lawyers and family; see here.

A democracy is defined by many factors, principal amongst them are free and fair elections and the rule of law.  The absence of these factors are the hallmarks of an autocracy or dictatorship.  Bangladesh can no longer call itself a democracy following a third successive stolen election and the complete abandonment of an independent judiciary and the circumvention of the rule of law. It is clear that a dictatorship is rarely born overnight, it is often a gradual process. A gradual censoring of public discourse, gradual removal of fundamental rights, gradual division of society and gradual circumvention of any independent judicial process. A dictatorship does not always declare war on its opponents.  It demonises them through the degradation of a free and independent media.  It uses law enforcement to place them under arrest and the courts to convict them on fabricated and trumped up charges. It uses its branches of intelligence to seek out and then disappear its political opponents. This process is a slow burn effect. The Awami League has carried it out to perfection.  It re-entered government as the party of the people for the people.  It promised economic development.  It promised accountability for the 1971 War of Liberation.  It promised to rid the nation of anti-liberation elements.  It promised to bring about real change.  It has failed on each and every count and has created a divided, fearful and unstable nation.  It has created a political elite that maintains power based on political favours and corrupt practices.  Whilst in truth it never was, it certainly can no longer be considered the party of the people, the people have been silenced. This statement is issued on behalf of Jamaat-e-Islami, the largest Islamist political party in Bangladesh, in its fight for both its members and those that it represents. Silence is being imposed over the Bangladeshi population by the ruling Awami League party, which, having come to power in 2009, continues to crack down on political dissent by enabling and inflicting egregious human rights violations on any deemed to oppose or deviate from its vision. Meaningful constitutional and international protections designed to protect the fundamental rights of civilians now appear further away than ever, as the Awami League’s pervasive and pernicious influence has resulted in the corruption, monopolisation, and politicisation of state institutions; the curtailment of freedom of speech through draconian legislation; and the arbitrary detention and abuse of thousands of opposition leadership, activists, and supporters. Since 2013, the Awami League has used its reach within the judiciary and other state institutions to disqualify Jamaat from electoral participation and crack down on the public or private meetings of its supporters - many times, by force. Since that time, Jamaat used all lawful means available to it to advance its political freedoms; but on 19 November 2023, these efforts reached their final judicial conclusion, as the Bangladeshi Supreme Court, under the Awami League’s influence, rejected Jamaat’s final judicial petition for fair and proper representation. Jamaat, for now, therefore remains unable to formally oppose the repression of the Awami League, and as the 2024 elections approach, it and its members stand without the right to contest the ruling party’s third coordinated confirmation of power. Jamaat can and will continue to fight for those that continue to believe in a free and fair Bangladesh where all are truly able to be represented. But it can only do so much and now calls on the international community, both governmental and non-governmental, to remember the people of Bangladesh and do everything in their power to oppose the backsliding in basic rights and freedoms that now dominate the country. Multilaterally; bilaterally; unilaterally -  anything must be better than standing by as Bangladesh spirals into autocracy.

The following media round up on international and foreign policy issues from around the world for the period of 09 January to 15 January 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 – 14 January North Korea fired an intermediate-range missile into the sea, escalating tensions between South Korea and Japan. The North has stepped up pressure on Seoul, declaring it the "principal enemy" and vowing to enhance its ability to deliver a nuclear strike on the US and America's allies in the Pacific. The missile flew about 1,000 km off the country's east coast, and Japan's Defence Ministry criticised the launch as violating United Nations resolutions. North Korea has tested its newest intercontinental ballistic missile to gauge its war readiness against mounting US hostility. The US and its allies have condemned Russia's firing of North Korean missiles at Ukraine, calling it abhorrent. https://www.reuters.com/world/asia-pacific/north-korea-fires-missile-south-korea-says-2024-01-14/ Indonesia – 14 January Indonesia's Merapi volcano erupted twice, rising 1,300 meters from its peak six weeks after a fatal eruption. The Geological Agency urged evacuating people within 4.5 km of the eruption centre, as lava flows could occur in rivers and valleys. Residents were advised to use masks in case of ash rain and to seek respiratory check-ups at health facilities. https://www.reuters.com/world/asia-pacific/indonesias-marapi-volcano-erupts-again-month-after-deadly-incident-2024-01-14/ Denmark – 14 January Queen Margrethe II of Denmark announced her decision to abdicate after 52 years as Queen on December 31, 2023, becoming the first Danish Monarch in nearly 900 years to relinquish the throne voluntarily. The succession occurred on Sunday at around 1300 GMT, with people from all over Denmark converging on the capital. The new King and Queen, Frederik X and Queen Mary of Denmark, will take the throne at a time of substantial public support and enthusiasm for the Monarchy. https://www.reuters.com/world/europe/denmark-awaits-new-king-queen-margrethe-bow-out-2024-01-14/ Georgia – 13 January A large protest in Tbilisi demanded harsh punishment for a woman accused of defacing a religious icon depicting Soviet dictator Josef Stalin. The icon was displayed in the city's Holy Trinity Cathedral, exposing deep divisions in Georgia over the former Soviet dictator's legacy. Pro-Russian ultra-conservative movement Alt-Info compared the "desecration" of the icon to the repression of religion under Stalin's regime. Thousands of Orthodox believers and Alt-Info supporters gathered in front of the country's parliament before praying before the Stalin icon. Georgia's Orthodox Church Authorities have called for "appropriate changes" to the icon. However, some Orthodox Church activists and believers want the woman to be subjected to a criminal investigation and potentially jailed for insulting the icon and their beliefs. https://www.reuters.com/world/europe/protest-georgian-capital-amid-anger-over-desecration-stalin-icon-2024-01-13/ Taiwan – 13 January Taiwanese voters have swept the ruling Democratic Progressive Party (DPP) Presidential Candidate, Lai Ching-te, into power, rejecting Chinese pressure to disregard him. Lai's party, which champions Taiwan's separate identity and rejects China's territorial claims, the incumbent Party was seeking a third successive four-year term. However, they lost their majority in Parliament due to public frustration with domestic issues like housing costs and stagnating wages. Lai also won only 40% of the vote in Taiwan's first-past-the-post system, unlike current President Tsai Ing-wen, re-elected four years ago with more than 50% of the vote. Despite this, Lai praised his victory and emphasised the need for cooperation and dialogue with Beijing on an equal basis to "replace confrontation". China denounced Lai as a dangerous separatist and called on the people of Taiwan to make the right choice. https://www.reuters.com/world/asia-pacific/polls-open-taiwans-critical-elections-watched-closely-by-china-2024-01-13/ Guatemala – 13 January Guatemala's President-elect, Bernardo Arevalo, met with Taiwan's foreign minister to discuss strengthening commercial ties. Guatemala is one of only 13 nations maintaining diplomatic ties with Chinese-claimed Taiwan. The two discussed expanding trade relations and increasing Guatemalan product exports in Taiwan. Guatemalan Vice President-elect Karin Herrera is set to take office on Sunday. https://www.reuters.com/world/incoming-guatemala-president-meets-with-taiwanese-officials-ahead-inauguration-2024-01-13/ USA/Britain/Iran - 12 January The US and UK have launched defensive strikes against Iran-backed Houthi forces in Yemen, aiming to preserve freedom of navigation in the world's most vital waterways. NATO, which was not involved in the strikes. https://www.reuters.com/world/middle-east/strikes-by-us-britain-against-houthi-forces-were-defensive-nato-2024-01-12/ Myanmar – 12 January Myanmar's Military Court has sentenced the award-winning documentary filmmaker Shin Daewe to life in prison on trumped-up terrorism charges. The Junta has used drones illegally in Myanmar as a tool of oppression. Daewe was arrested on October 15 after finding her with an aerial drone. She was charged under Myanmar's Counter-terrorism Law of 2014 for “financing and abetting terrorism”. She was held in Insein Prison for almost two weeks, with reports suggesting she was severely beaten. The Junta has repeatedly attacked the media for independent or critical reporting, and the Junta continues to detain at least 61 journalists wrongfully. https://www.hrw.org/news/2024/01/12/myanmar-filmmaker-sentenced-life-prison China - 12 January Rescue operations are underway in Pingdingshan after an accident involving a coal mine. Eight people have died, and 15 are missing, while the remaining 22 were rescued. The accident occurred around 14:55 due to a coal and gas outburst; further investigations are ongoing. https://www.reuters.com/world/china/rescue-underway-chinese-coal-mine-accident-leaves-least-8-dead-xinhua-2024-01-12/ Papa New Guinea – 11 January Amnesty International has called for restraint in response to rioting and looting in Port Moresby and Lae, resulting in at least 16 deaths and a State of Emergency. The Authorities should respond to the violence in a way that protects Human Rights and avoids further loss of life. The use of unnecessary or excessive force by law enforcement officers will only escalate tensions. Amnesty International has noted that an existing police directive authorises the use of lethal force in violation of Human Rights standards. The authorities will establish a prompt, effective, and independent investigation into all deaths and ensure accountability following the right to a fair trial. The government deployed a military response and suspended Police Commissioner David Manning and several other senior public officials. The United Nations recommends a police-to-population ratio of one police officer for every 220 people. However, the current ratio in Papua New Guinea is 1:1145, making police understaffed and ill-equipped to fulfil their law enforcement role effectively. https://www.amnesty.org/en/latest/news/2024/01/papua-new-guinea-police-and-military-must-exercise-restraint-to-avoid-escalation-of-deadly-riots/ Finland/Russia – 11 January Finland's Interior Minister, Mari Rantanen, has extended the closure of its border crossing points with Russia beyond January 15 due to concerns over "instrumentalised migration". The move comes after Russia's invasion of Ukraine, which led to Finland abandoning its policy of non-alignment and joining NATO in April 2023. The situation at the eastern border has stayed the same since December, and there are still immigrants waiting for the borders to open. The decision to extend the border closure is subject to regular assessment and can be revoked if the situation changes. https://www.jurist.org/news/2024/01/finland-to-extend-russia-border-closing-until-february-11/ Belarus – 11 January Belarusian Authorities have carried out a systematic crackdown on dissent and the spread of information about civic abuses during 2023, according to Human Rights Watch. The Belarusian government targeted Human Rights defenders, journalists, lawyers, opposition politicians, culture workers, trade unionists, activists, and others who disagreed with the official agenda. In early November, at least 1,462 people were behind bars on politically motivated charges. Belarusian authorities are accused of creating an information vacuum around repressions by cutting political prisoners off from the outside world and bullying their lawyers and families into silence. Human Rights work remained illegal in Belarus, and no Human Rights group could officially register. In July, legislative amendments to the citizenship law allowed authorities to strip Belarusians abroad of citizenship if they had been convicted of "participation in an extremist organisation" or "grave harm to the interests of Belarus." Belarus remained the last country in Europe and Central Asia to carry out the death penalty, with new amendments introducing capital punishment for "high treason" by state officials and servicemen. https://www.hrw.org/news/2024/01/11/belarus-crackdown-amid-growing-information-vacuum South Africa/Israel/Palestine – 10 January The International Court of Justice (ICJ) is hearing a South African legal case alleging that Israel is violating its obligations under the UN Genocide Convention. The South African application claims that Israel's actions and failure to act in relation to Palestinians in Gaza are genocidal. The application urges the court to order provisional measures to protect the Palestinian people in Gaza, including calling upon Israel to immediately halt military attacks that "constitute or give rise to violations of the Genocide Convention" and to rescind related measures amounting to collective punishment and forced displacement. Amnesty International has not decided that the situation in Gaza amounts to genocide, despite the alarming warning signs given the scale of death and destruction, with more than 23,000 Palestinians killed in just over three months and a further 10,000 missing under the rubble, presumed dead. The imposition of an illegal siege in Gaza, which has cut off or severely restricted the civilian population's access to water, food, medical assistance, and fuel, is inflicting unfathomable levels of suffering and putting the survival of those within Gaza at risk. All states have an international legal obligation to act to prevent genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 and, as determined by the ICJ previously, under customary law. South Africa's ICJ application cites evidence gathered by Amnesty International documenting damning evidence of war crimes and other violations of international law by Israeli forces in their intense bombardment of Gaza. https://www.amnesty.org/en/latest/news/2024/01/icj-hearings-over-israels-alleged-breaches-of-the-genocide-convention-a-vital-step-to-help-protect-palestinian-civilians/ Spain/Equatorial Guinea – 10 January Spain's National High Court has closed a probe into three people, including the son of Equatorial Guinea's president, Carmelo Ovono Obiang. Obiang, his security director Isaac Nguema Endo, and Equatoguinean Security Minister Nicolas Obama Nchama were accused of kidnapping four members of the Movement for the “Liberation of Equatorial Guinea” (MLGE3R) in 2019. The Court stated there was no basis to conclude that the acts were partially committed in Spain. The court transferred jurisdiction to Equatorial Guinea's Second Chamber of the Supreme Court of Justice, as a trial is underway for the same offences. The European Union condemned Obiang's dictatorial reign and urged Guinea to release the remaining members of MLGE3R. https://www.jurist.org/news/2024/01/spain-closes-investigation-into-son-and-close-aides-of-equatorial-guineas-president/ Belgium/China – 10 January Belgian Prime Minister Alexander De Croo and Foreign Minister Hadja Lahbib have urged China to end its atrocity crimes and repression during their visit to China, such as forced labour and inhumane acts against Uyghurs and Turkic Muslims. The deepening Human Rights crisis will have profound implications for European countries doing business with China, as unchecked bilateral trade and business carry a risk of complicity in those crimes. De Croo and Lahbib intend to clarify to their Chinese counterparts that there can be no business as usual when crimes against humanity are committed and publicly call out Beijing's grave Human Rights violations. https://www.hrw.org/news/2024/01/10/belgiums-leadership-should-promote-human-rights-china-visit Nigeria – 9 January Nigeria's President Bola Tinubu has suspended the Minister of Humanitarian Affairs and Poverty Alleviation, Dr Betta Edu, over allegations of transferring funds from the government's social welfare program into a private bank account. The suspension comes after a leaked memo revealed Edu requested the Accountant General of the Federation to transfer public funds of about N985 million from the National Social Investment office account to Bridget Oniyelu, the accountant of a federal government poverty intervention project called “Grants for Vulnerable Groups”. Edu denied the allegations, stating that it was a plan to "tarnish the image of administration" and that no one would embezzle government funds under her watch. The arrest follows the EFCC investigation of the suspended National Coordinator of the National Social Investment Programme Agency, Halima Shehu, and Edu's predecessor, Sadiya Umar Farouq. https://www.jurist.org/news/2024/01/nigeria-suspends-minister-of-humanitarian-affairs-and-poverty-alleviation/ Tunisia – 9 January Tunisian journalist Zied El-Heni, who has been arbitrarily detained since December 2023 for "insulting" a Tunisian government minister on a radio show, has been convicted of a six-month suspended prison sentence. Amnesty International's Fida Hammami called for the immediate release of El-Heni and the dropping of all charges against him, as they stem solely from exercising his Human Right of free speech. El-Heni was summoned by the police on December 28, 2023, shortly after criticising the Minister of Commerce's performance on air. He was charged under Article 86 of the Telecommunications Code for "using the telecommunications network to insult others", punishable by up to two years of imprisonment and a fine. Amnesty International has documented the deterioration of the Human Rights situation in Tunisia since President Kais Saied's power grab in July 2021, with at least 40 people investigated or prosecuted for exercising their right to freedom of expression. https://www.amnesty.org/en/latest/news/2024/01/tunisia-immediately-release-journalist-facing-two-years-in-prison-for-insulting-government-minister/ Australia – 9 January Australia has introduced Federal Legislation criminalising the public display or sale of Nazi and terrorist group symbols, including the Nazi salute and the Nazi double sig rune "Schutzstaggel" and the Nazi Hakenkreuz. The legislation, introduced in June and passed in December 2023, aims to strengthen Australia's counter-terrorism framework and protect the rights of the Australian community. Exemptions exist for educational, academic, and sacred religious purposes. The legislation also outlaws the sale and trade of goods associated with the prohibited symbols. The legislation has gained significance amid the Israel-Gaza war and the rise in Islamophobic and anti-semitic incidents in Australia. https://www.jurist.org/news/2024/01/australia-criminalises-nazi-salute-and-public-displays-of-terrorism/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 5 January 2024 to 12 January 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. Greece - 11 January 2024 Centre-right Prime Minister says he strongly supports a law change in Greece to legalise same-sex marriage, but without specifying when the bill will be submitted; see here. Croatia - 11 January 2024 Prime Minister says law changes presented to Croatia's parliament will send 'a clear message society that killing women and violence against women are not acceptable'; see here. Moldova - 11 January 2024 Protesters in breakaway Transnistria say recent changes to customs rules, taxing exports from the region, amount to an 'economic blockade'; see here. Turkey - 11 January 2024 Turkey, Romania and Bulgaria have signed an agreement to clear mines drifting in the Black Sea that have posed a threat to shipping since the start of Russia’s war in Ukraine; see here. Bosnia - 10 January 2024 Russian President Vladimir Putin granted citizenship to former Bosnian Serb fighter Ratko Samac, who is wanted for allegedly committing war crimes against civilians and killing a married couple in 1993; see here. Greece - 10 January 2024 The savage murder of a 41-year-old pregnant woman, the country's first femicide of 2024, has stirred fresh calls in Greece for femicide to be made a distinct criminal act; see here. Croatia - 10 January 2024 In 2024, Croatians convicted of war crimes could start to have their criminal records deleted under a little-known rehabilitation law – which could also potentially allow them to sue anyone who publicly highlights their convictions; see here. Kosovo - 10 January 2024 Belgrade’s High Court sentenced former Kosovo Liberation Army (KLA) fighter, Hasan Dakaj in jail for 30 days. He was accused and arrested for kidnapping and annihilating civilians during the war. The court ordered Dakaj’s detention on January 6 for the actual occasion of possible escape. He was arrested at Merdare’s border point between Kosovo and Serbia while going to Italy; see here. Serbia - 9 January 2024 An urgent submission has been made to the United Nations Committee Against Torture regarding the alleged kidnap and torture of Serbian opposition politician Nikola Sadulovic after he paid respects at the grave of a Kosovo Albanian war hero in early January, while the EU remains silent on the matter; see here. Romania - 9 January 2024 Romanian appeal judges overturned a court decision instituting the seizure of several million dollars’ worth of assets owned by influencer Andrew Tate and his brother, who have been indicted for alleged human trafficking and rape; see here.

The Genocide Convention of 1948 requires, by Article I, that each and every State party “employ[s] all means reasonably available to them, so as to prevent genocide so far as possible”: ICJ judgment in Bosnia v Serbia, at para. 430. This obligation is of an erga omnes partes nature; it is owed by all 153 parties to the Convention to each other. The communal nature of the obligation was recounted in the Court’s 2020 order on Provisional Measures in Gambia v Myanmar at para. 41. The UK, a State party to the Convention since 1970, has recognised the erga omnes obligation, and asserted its own “common interest” in the accomplishment of the “high purposes of the Convention” in its joint intervention in Gambia v Myanmar, at para. 10. But if the UK were failing to meet its obligations to prevent genocide in Gaza under Article I of the Convention, to what degree could such omissions be challenged within the courts of England and Wales? South Africa’s case against Israel before the ICJ On 29 December 2023, in the wake of Israel’s military intervention in Gaza, which followed Hamas’ attack against Israel on 7 October 2023, South Africa instituted proceedings against Israel before the ICJ on the basis of alleged breaches of the Genocide Convention, to which both States are party. Its application has been compared to that brought by the Gambia against Myanmar, on similar erga omnes standing (which was prima facie accepted by the Court in the latter). Like the Gambia and Ukraine (regarding Russia), South Africa also seeks provisional measures against Israel. Particular to South Africa’s case, however, is its insistence that it itself – and not just Israel – is under a duty to prevent genocide in Gaza by the application of Article I of the Convention. It explicitly invokes “South Africa’s compliance with its own obligation to prevent genocide” (para. 16). This feature is examined in the excellent EJIL: Talk! blog post by Luciano Pezzano, which includes a discussion on whether invoking Article IX of the Convention before the ICJ could itself be a required form of “prevention”. Implications for State parties at a domestic level States will be keeping a close eye on the Court’s decisions on Provisional Measures and beyond, and whether or not South Africa’s construction of the erga omnes obligations to prevent genocide it relies upon are endorsed or expanded upon. Allegations of failures to prevent genocide have already been brought before domestic courts in at least the US: see this complaint filed in a California District Court on 13 November. Indeed, some of the potential impacts of South Africa’s case for States party at a domestic level have been examined in a recent post by Alaa Hachem and Oona A. Hathaway’s post on Just Security. In England and Wales, a case challenging UK arms export licences has already been brought before the High Court, by Al-Haq and UK-based Global Legal Action Network. The UK’s position on Israel’s actions in Gaza has, more widely, been the subject of scrutiny and accusations of hypocrisy. The Government’s actions may not be comparable to those of the US’, given the UK’s assertion that “since 7 October 2023, the UK Government has provided no lethal or military equipment other than medical supplies to Israel” itself, and its abstention from, but not blocking of, resolutions calling for a ceasefire tabled before the UNGA and the UNSC in December 2023. However, in comparison to South Africa – who drew attention in its application to “concerns” it has “expressed” regarding Israel’s conduct in different fora and on various occasions from late October to late December 2023 (see para. 13) – the UK’s response to Israel’s war has been meagre. For example, speaking on 25 October 2023, Prime Minster Sunak stated “there has to be a safer environment, which of course necessitates specific pauses, as distinct from a ceasefire” (in the intervening period, the UK’s position – echoed by the leader of the opposition – has consistently fallen short of calling for a ceasefire). It has not altered its arms export licences criteria to prevent arms from being sent to Israel. At the same time, the UK has remained silent as Israeli Ambassador to the UK, Tzipi Hotovely, when confronted by a presenter who suggested the Ambassador’s arguments supported “destroying the whole of Gaza – every single building in it”, responded “so do you have another solution?” If the situation in Gaza does indeed amount to genocide, it would be difficult to argue that the UK has done more than the bare minimum (late in the day) to prevent it. Although the requirements which comprise the duty to prevent elucidated in the ICJ’s Bosnia v Serbia judgment at para. 430 leave room for ambiguity and interpretation (see para. 56 of the ICJ’s Order on Provisional Measures in the Ukraine v. Russia), they are arguably clear on: a.    Responsibility for breaches of the Convention arising where a State “manifestly fail[s] to take all measures to prevent genocide which were within its power and which might have contributed to preventing the genocide” (emphasis added); b.    Parameters for measuring discharge of the obligation “var[ying] greatly from one State to another” depending on the State’s “capacity to influence effectively the action of persons likely to commit, or already committing, genocide”, which itself depends on inter alia, strength of “political links”; and c.     States’ preventative obligations “aris[ing] at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed” and that thereafter “if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, [] it is under a duty to make such use of these means as the circumstances permit.” Against this background, although the UK’s provision of humanitarian aid (see i.e. recent FCDO press release) may well counter effects of the alleged commission of genocide, its response nevertheless arguably falls short of the standards set out in in the Bosnia v Serbia judgment for preventing the commission of genocide. Significance of non-intervention in ICJ proceedings The extent to which that (and future) ICJ rulings bind the UK as to the correct interpretation of erga omnes prevention obligations in Article I of the Convention is pertinent. The issue, which may play on the executive minds of many of the 153 State parties (and has not yet attracted much comment) is the role which Article 63 of the ICJ Statute. Article 63 prescribes: 1. Whenever the construction of a convention to which states other than those concerned in the case are parties is in question, the Registrar shall notify all such states forthwith. 2. Every state so notified has the right to intervene in the proceedings; but if it uses this right, the construction given by the judgment will be equally binding upon it. The warning in Article 63(2) may indeed go some way to explaining the reluctance we have seen vis-à-vis States pronouncing on South Africa’s application (helpfully mapped by Alonso Gurmendi), let alone submitting written interventions. However, given some States’ (including the UK’s) interventions in Gambia v Myanmar under Article 63, the hesitancy to intervene in the South Africa case may be less beneficial given the common erga omnes points alive in both matters. The distinction between intervening under Article 62 or 63 (and the attached tests) is helpfully examined in this blog post by Sean Aughey & Amy Sander of Essex Chambers, and will no doubt be a concern for interested States. Yet the significance of Article 63(2) is invocative of the old saying “if a tree falls in a forest and no one is around to hear it, does it make a sound?”; if the ICJ makes a finding, on the substance of South Africa’s claim, of positive obligations to prevent under the erga omnes doctrine, but the UK (and others) have not intervened under Article 63, to what degree are must they abide by such an interpretation, if such a pronouncement is not reflective of customary international law? What is clear is that the judgments of the ICJ are highly persuasive, even when they do not bind States. For now, this is the extent of the position in which the UK finds itself with respect to the Bosnia v Serbia judgment, where neither the UK nor any other State intervened under Article 63(2). Challenging non-compliance with international law in UK (England and Wales) courts The UK’s arguable failure to take sufficient measures to prevent genocide (if genocide is indeed the correct characterisation) may one day be a matter for challenge before the courts of England Wales. This country’s historic compliance with international law is the subject for other analyses, but as Mauro Barelli put it, “[i]t is no secret that the UK does not always practice what it preaches” when it comes to its “self-proclaimed commitment to the international rule of law”. A pertinent case in point is the UK’s rejection of the ICJ’s Advisory Opinion on the Chagos Archipelago (it has only recently, here years later, agreed to opening negotiations with Mauritius) but there are, unfortunately, other examples. It is no surprise, therefore, that challenges to the UK’s (non-)compliance with international law have come before the courts of England and Wales. The immediate difficulty faced in this regard is that, unless an international obligation (or right) to which the UK agrees on the international plane is subsequently incorporated into domestic law – usually via an Act of Parliament (the Human Rights Act 1998 being a prime example) – it is not domestic law, and cannot form the basis of a “justiciable” legal challenge before our courts. The rationale for this has been that domestic law-making via international agreements entered into by the executive alone would undermine Parliamentary sovereignty. Ratification, which is the executive undertaking legal obligations in a treaty, and undertaking that its domestic laws are compliant with that treaty, is a matter for the executive alone, per the royal prerogative (though since the enactment of s. 20 of the Constitutional Reform and Governance Act 2010, treaties must be laid before Parliament prior to ratification). It is a separate matter to incorporation. The UK’s reticence to fully incorporate the Convention Against Torture (“UNCAT”), for example, has been queried and criticised on more than one occasion by the UNCAT Committee, here and here. Genocide legislation in England and Wales Has the Genocide Convention been incorporated into UK law? It was (or at least Articles II, III (a)-(d) and VII of it was) – the UK never incorporated its obligation to “prevent genocide” or to punish “complicity in genocide”. The piece of legislation which then repealed the Genocide Act 1969 was the International Criminal Court Act 2001. Although the commission of genocide (including modes of liability known as “ancillary offences”) is now a punishable offence under the 2001 Act, the Act still does not incorporate the UK’s duty to prevent the commission of genocide under Article I of the Genocide Convention, which is separate to the duty to punish. English courts would be unlikely, therefore, to exercise jurisdiction on the basis of the Genocide Convention alone. Non-incorporation does not necessarily mean that domestic courts will refuse to engage with or even rule on international treaty obligations. Particularly in cases where a public policy or measure is taken in purported compliance with provisions of an unincorporated international agreement, English courts have ventured into assessments of compatibility with the same, but, only to a degree that permits them to assess whether the Government’s arguments on compliance are “tenable” or not: see R (on the application of Friends of the Earth Limited) v The Secretary of State for International Trade/UK Export Finance [2023] EWCA Civ 14, para. 50, and R (on the application of Corner House Research and others) v Director of the Serious Fraud Office [2008] UKHL 60, para. 68. It follows that positive UK Government acts or policies which profess compliance or furtherance of obligations under the Genocide Convention may fall subject to, albeit mild, scrutiny of the courts of England and Wales. Customary international law obligations What about customary international law (CIL)? After all, the principles underlying the Genocide Convention are CIL: see (Reservations to the Genocide Convention, Advisory Opinion, p. 23, endorsed again by the ICJ in Armed Activities DRC v Rwanda, at para. 64). Peculiar though it might seem, CIL seems to be incorporated into UK law, even where no explicit incorporation (enactment) of the relevant principles has taken place: Trendtex Trading Corporation v. Central Bank of Nigeria [1977] Q.B. 529, p. 554 and R. v Bow Street Metropolitan Stipendiary Magistrate Ex p. Pinochet Ugarte (No.1) [2000] 1 A.C. 61, p. 90. The Court of Appeal in Trendtex held at p. 554: Seeing that the rules of international law have changed - and do change - and that the courts have given effect to the changes without any Act of Parliament, it follows to my mind inexorably that the rules of international law, as existing from time to time, do form part of our English law. There is therefore an argument to be made that the State’s duty to prevent genocide, a principle underlying the Genocide Convention, is already a part of UK domestic law, meaning that, in theory, a case against the Government could be grounded in it, and the matter should be justiciable (particularly with the help of the ICC Act 2001 which does explicitly incorporate some of the Genocide Convention). The separate difficulty which arises is, of course, the nature and scope of the duty to prevent. As outlined above, the UK is so far not strictly bound (within the meaning of Article 63 of the ICJ Statute, at least) by the Bosnia v Serbia guidance on the duty – with the caveat that parts of that judgment may be CIL at this point. Scope for ambiguity in international obligations has prompted deference from English courts in the past. For example, in R. v Reeves Taylor [2019] UKSC 51, a case concerning charges brought against former Liberian President Charles Taylor’s wife in the UK, the Supreme Court held that “the mere fact that a particular reading may be seen as a desirable development of the law is not of itself a valid reason for adopting it. It is not for national courts engaged in interpreting a treaty to seek to force the pace of the development of international law, however tempting that may be”. Therefore, in the absence of clear CIL, it may be that that English courts would refuse to entertain a claim alleging a breach of the CIL duty to prevent genocide. It also bears noting here (subject to the same CIL caveat as above) that the UK has in any case not incorporated neither the ICJ Statute nor most of the UN Charter (though the House of Lords has interpreted the latter, at least: see Kuwait Airways Corporation v Iraqi Airways Company and Others, [2002] UKHL 19, para. 29). Conclusion Failures to act on the part of the State are, in domestic law, already difficult cases to litigate (usually brought as judicial reviews). The fact that the UK can and has positively acted (with contested degrees of lawfulness) in contexts where it perceived humanitarian disasters, however, is plain. With respect to Iraq, it invoked the contentious doctrine of humanitarian intervention regarding Iraq in 2003. It relied upon the 2005 World Summit Outcome Document responsibility to protect (known as “R2P”) doctrine regarding Syria. And most recently the UK has sanctioned Russia (and certain Russian entities and persons) to its eyeballs following Russia’s invasion of Ukraine, explaining “at the outset of the current crisis, the West warned Russia that any military escalation would have significant economic consequences, including an unprecedented package of sanctions”. None of this action or rhetoric has been present regarding Israel’s military intervention against Gaza, where the civilian death toll in a matter of months is more than double that in Ukraine over nearly two years. Neither situation is morally acceptable, and to the degree that both may constitute genocide, the obligation to prevent under the Genocide Convention incumbent on each State party to the Convention applies equally. Relying on the duty to prevent genocide – whether as a treaty-based obligation or a matter of CIL – before English courts may be an avenue to holding one particularly powerful and influential party of the 153 members of the Convention to account. Challenges may be brought in a myriad of contexts and circumstances – on ECHR grounds, but on other bases too – and actors may choose to rely on the Genocide Convention in a corollary or supportive role. The weight this may have in a staunchly dualist jurisdiction such as this, however, is dubious – but we can hope that the spirit of the Court of Appeal’s ruling in the 1977 case of Trendtex continues to provide enlightening guidance. Anna Rubbi is a probationary tenant at Guernica 37 Chambers. Her full profile is available here: https://www.guernica37.com/anna-rubbi

The following media round up on international and foreign policy issues from around the world for the period of 04 January to 08 January 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. Japan – 7 January Japan's Prime Minister Fumio Kishida has pledged to provide ceaseless support to areas devastated by the New Year's Day earthquake, which has claimed at least 126 lives. The adverse weather on the Noto peninsula has left over 30,000 homeless, cutting power to tens of thousands of residences and businesses. At least 222 people are still missing, and more heavy snow or rain is forecasted overnight for the region. The governor of Ishikawa Prefecture declared a state of emergency, calling the quake an unprecedented disaster for the area. Prefectural governments have sent trailers with flushable toilets to evacuation centres in disaster-struck cities. https://www.reuters.com/world/asia-pacific/japan-premier-vows-ceaseless-aid-snow-hampers-quake-relief-2024-01-07/ France – 7 January France's Court of Accounts has criticised the UK for not cooperating enough with France to reduce irregular crossings in the English Channel. The report claims that the UK does not communicate "usable intelligence" regarding small boat crossings and has not been counterchecked. Despite agreements, the relationship between France and the UK must be more balanced regarding information and intelligence exchanges. The report evokes the Touquet Agreement 2003, which allowed UK authorities to control immigration in France. Both countries have seen an increase in undocumented migrants and controversial immigration laws. https://www.jurist.org/news/2024/01/france-report-says-uk-not-cooperating-enough-in-immigration-measures/ Bangladesh – 7 January A fire has destroyed about 800 shelters and left thousands homeless in a Rohingya refugee camp in south-eastern Bangladesh. The fire, which broke out in the camp, damaged around 120 facilities, including mosques and healthcare centres. Nearly 7,000 refugees were made homeless, and an investigation into the cause is underway. The camp, which houses almost a million members of the Muslim minority from Myanmar, is in Bangladesh's border district of Cox's Bazar. The cause of the fire remains unknown. https://www.reuters.com/world/asia-pacific/fire-leaves-nearly-7000-rohingya-homeless-bangladesh-camp-2024-01-07/ Democratic Republic of Congo – 6 January Due to alleged fraud and other issues, Congo's election commission has cancelled votes for 82 of the 101,000 legislative candidates in the disputed December general election. The disqualified candidates include contenders for national, provincial, and municipal assemblies. The election results are yet to be published, and the fallout from the Dec. 20 poll threatens to destabilise the Democratic Republic of Congo further. The opposition has contested the result amid claims of widespread electoral irregularities. After the elections, the commission launched an inquiry to investigate acts of violence, vandalism, and sabotage perpetrated by specific ill-intentioned candidates against voters, their staff, assets, and electoral materials. Four acting provincial governors and three government ministers were among the 82 excluded. https://www.reuters.com/world/africa/congo-election-commission-cancels-82-candidates-over-fraud-december-polls-2024-01-06/ Nigeria – 6 January Nigeria's Supreme Court has ruled that Shell should be granted a hearing over its alleged involvement in an oil spill in the Niger Delta. The ruling overturned a Court of Appeal judgment that halted the company's sale and ordered payment of a judgment claim before hearing its appeal. Shell has been involved in multiple lawsuits over alleged oil spills since 1995. The case began in November 2020, and Shell was ordered to pay NGN 800 billion (approximately USD 878 million) as compensation to the communities of Egbalor Ebubu. The Dutch Court of Appeal reaffirmed the lower court ruling favouring Nigerian farmers and Friends of the Earth. Shell agreed to pay EUR 15 million to affected Nigerians in December 2022. Amnesty International has condemned Nigeria's poor regulatory system and the ongoing oil spills, stating that there would have been swift and severe consequences and legal redress if these spills occurred in Europe or North America. https://www.jurist.org/news/2024/01/nigeria-supreme-court-allows-shell-a-hearing-in-oil-spill-case/ Iran – 6 January Iran's Revolutionary Guards commander Hossein Salami vowed to "attack the enemy" as tensions rise on shipping routes where Tehran's allies are attacking vessels. The Guards' navy unveiled a new ship and 100 missile launchers, "Abu Mahdi." Twenty-two nations have agreed to participate in a U.S.-led coalition to safeguard commercial traffic in the Red Sea from Houthi attacks. Major shipping companies have switched to the longer route around Africa's Cape of Good Hope. https://www.reuters.com/world/middle-east/iran-guards-commander-challenges-enemy-naval-presence-region-2024-01-06/ Cyprus – 5 January Amnesty International's Cyprus Researcher, Kondylia Gogou, has expressed concerns over the safety of human rights defenders in Cyprus following a violent attack on the anti-racist NGO KISA. The attack, which left the organisation's premises severely damaged, was part of a broader trend of racist violence in the country. KISA and its volunteers have been targeted by threats, verbal attacks, and smear campaigns related to their work supporting refugees and migrants. Gogou urges authorities to communicate clearly that attacks on NGOs will not be tolerated and conduct an independent investigation. The attacks are part of a broader trend of xenophobic public discourse in Cyprus. KISA was removed from the Registry of Associations in December 2020 due to an amendment to its association law. https://www.amnesty.org/en/latest/news/2024/01/cyprus-despicable-attack-against-anti-racism-ngo-kisa-highlights-rise-in-racist-violence/ Iraq – 5 January Iraq's Prime Minister, Mohammed Shia al-Sudani, announced that the Iraqi government is preparing to remove the U.S.-led international military coalition from the country. The U.S. has 900 troops in Syria and 2,500 in Iraq, advising and assisting local forces in preventing a resurgence of Islamic State. The move comes after a U.S. strike killed a militia leader in Baghdad, prompting anger among Iran-aligned groups demanding the government end the coalition's presence in Iraq. The Iraqi government is setting a date for the start of a bilateral committee to end the international coalition forces' presence in Iraq permanently. The committee would include representatives of the military coalition. The U.S. military launched the strike in retaliation against recent attacks on U.S. personnel. The Iraqi government claims the killed commander was part of the Popular Mobilisation Forces (PMF), a group of Shi'ite Muslim armed groups formed in 2014 to fight Islamic State. The Pentagon declined to respond to Iraqi government comments suggesting he was part of its security forces. https://www.reuters.com/world/middle-east/iraq-prepares-close-down-us-led-coalitions-mission-pm-statement-2024-01-05/ Switzerland/Gambia – 5 January The opening of a Swiss trial for serious crimes committed in The Gambia, involving former Gambian Interior Minister Ousman Sonko, is a significant step towards justice for victims of abuses under then-President Yahya Jammeh's rule. Sonko is charged with crimes against humanity relating to torture, kidnapping, sexual violence, and unlawful killings between 2000 and 2016. The trial is expected to last about three weeks and is possible because Swiss law recognises universal jurisdiction over certain severe international crimes. The trial is the second person to be tried in Switzerland before a non-military court for serious crimes committed abroad, the second person to be tried in Europe for crimes committed in The Gambia, and the highest-ranked official to be prosecuted in Europe based on universal jurisdiction. The Gambia has moved forward with only two prosecutions for Jammeh-era crimes since Jammeh's fall. The Gambia and ECOWAS have created a joint technical committee to develop a hybrid court accessible to Gambians, victims, and non-victims alike. https://www.hrw.org/news/2024/01/05/switzerland/gambia-jammeh-era-crimes-trial Chile – 4 January Amnesty International has welcomed an indictment against three current and former senior commanders of Carabineros de Chile for their alleged role in the disproportionate and contrary international law response to mass protests in Chile in late 2019. The indictment targets current Director General Ricardo Yáñez, former Director General Mario Rozas, and retired General Diego Olate for their alleged responsibility as senior commanders. Amnesty International believes this development is a step towards justice for the grave and widespread human rights violations committed during the response to the protests. The report Chile: Eyes on Chile: Police Violence and Command Responsibility during Social Unrest documented how different Carabineros commanders, including the current General Director and then Director of Order and Security, implemented a strategy to silence the protests, including the improper use of shotguns loaded with dangerous ammunition, leaving thousands of people wounded and more than 400 with eye injuries. https://www.amnesty.org/en/latest/news/2024/01/chile-indictment-senior-carabineros-official-justice/ EU/Russia – 4 January The European Union (EU) has imposed sanctions on PJSC Alrosa and its CEO, Pavel Alekseevich Marinychev, in its attempt to support Ukraine's independence and condemnation of Russia's war of aggression against Ukraine. The sanctions are part of the EU's 12th sanction package since February 2022, which includes a complete prohibition on diamond trade from Russia, a "No Russia" clause, and expanded import-export controls for Russian military systems. The package also introduces a strengthened information-sharing mechanism to enforce the oil price cap. The EU has applied sanctions to almost 1950 individuals and entities, including asset freezes and travel restrictions for sanctioned natural persons. https://www.jurist.org/news/2024/01/eu-imposes-sanctions-on-worlds-largest-diamond-mining-company-against-russia/ North/South Korea – 4 January North Korea is changing its approach to South Korea, implementing changes to its policy and government organisations that could potentially justify the use of nuclear weapons against Seoul in a future war. Since the 1950-53 Korean War ended in a stalemate, both nations have had policies that treat each other differently. However, North Korea's leader, Kim Jong Un, has stated that peaceful reunification is impossible and that the government will make a "decisive policy change" in relations with the "enemy". Some observers believe that North Korea's declarations reflect the reality of deep divisions and disparities between the two countries. The United Front Department (UFD) of the Workers' Party of Korea has traditionally been tasked with relations with the South, including intelligence gathering and propaganda efforts. However, the announcement likely means that Foreign Minister Choe Son Hui, a seasoned diplomat, will oversee relations with the South. The foreign ministry could also cut the South out entirely and only deal with the United States. https://www.reuters.com/world/asia-pacific/threatening-shift-north-korea-moves-redefine-relations-with-south-2024-01-04/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 28 December 2023 to 4 December 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. Greece - 4 January 2024 New National Cybersecurity Authority is to be set up following the wave of attacks targeting public bodies in Greece last year and the year before; see here. Croatia - 4 January 2024 Zeljko Badza, a wartime Serb militiaman who moved to Australia, was charged with killing seven civilians in 1991 including the grandfather of Croatian national football team captain Luka Modric; see here. Serbia - 4 January 2024 Former Bosnian Serb Army soldier Dalibor Krstovic, convicted of raping a female captive in Kalinovik during the Bosnian war in August 1992, had his sentence reduced to five years in prison on appeal; see here. Bosnia - 3 January 2024 In a series of indictments announced over the New Year period, 15 suspects were charged with various wartime crimes including attacks on villages that left dozens of Bosniaks and Croats dead and executing hundreds of men from Srebrenica; see here. Albania - 30 December 2023 After Albania's parliament lifted his immunity earlier this week, courts accepted a prosecution request for the former PM to be placed under house arrest; see here. Montenegro - 29 December 2023 The real estate sector has benefited from multi-million purchases by wealthy foreigners using digital money in Montenegro, where dealings in cryptocurrencies are not yet legally regulated and the government is seen as crypto-friendly; see here. Bosnia - 30 December 2023 The separatist-minded leader of the mostly ethnic Serb part of Bosnia-Herzegovina has repeated his threat to rip the country apart and wreak new havoc on the Balkans if the international community further strengthens multiethnic institutions; see here. Kosovo - 28 December 2023 Dick Marty, a Swiss senator who authored a Council of Europe report on alleged violations by Kosovo Liberation Army guerrillas that led to the establishment of the Hague-based Specialist Chambers war crimes court, has died; see here.