News

Kim Jong Nam Killed By Illegal Chemical Nerve Agent

By: Nicole Hoerold
Impunity Watch Reporter, Asia

SEPANG DISTRICT, Malaysia – North Korean leader Kim Jong Un’s half brother, Kim Jong Nam, was killed on February 13 in a Malaysian airport. Surveillance footage shows two young women smearing a substance in the estranged brother’s face, which led to his immediate death. Officials have now identified the substance as VX nerve agent, a chemical nerve gas derived from organophosphate pesticides.

A VX nerve agent stockpile at the Newport Chemical Depot in Indiana, 1997. Photo courtesy of: AP.

VX nerve agent is internationally recognized as an illegal chemical weapon, and stockpiles have been largely destroyed throughout the globe since the enforcement of the Chemical Weapons Convention in 1997. The chemical agent inhibits the functioning of glands and muscles by blocking an important enzyme which allows the muscles to relax. Only a few milligrams are enough to kill someone in minutes’ time.

The two women who facilitated the attack told officials that they were approached by foreign men and were paid $90 to smear what they thought was a harmless substance in the man’s face. Many believe that the attack was carried out on behalf of Kim Jung Un himself, who has apparently felt threatened by his half brother. The fact that the murder was carried out using a highly toxic and illegal substance encourages the belief that the North Korean government is responsible.

If this is the case, the incident raises new concerns about North Korea’s stockpile of chemical weapons, in addition to long-term concerns regarding the state’s nuclear weapons program.

For more information, please see:

CNN – VX nerve agent used to kill Kim Jong Nam, police say – 24 February, 2017

NY Times – Woman Held in Death of North Korean Leader’s Kin Says She Was Duped – 25 February, 2017

NY Times – In Kim Jong-nam’s Death, North Korea Lets Loose a Weapon of Mass Destruction – 24 February, 2017

NY Times – What Is VX Nerve Agent? A Deadly Weapon, Rarely Seen – 24 February, 2017

Washington Post – Kim Jong Un’s half brother was killed by VX nerve agent, Malaysian police say – 23 February, 2017

Chicago Tribune – Kim Jong Un’s brother was killed by banned chemical nerve agent, police say – 24 February, 2017

South African Court Declares ICC Withdrawal Unconstitutional

By Samantha Netzband

Impunity Watch, Africa Desk Reporter

CAPE TOWN, South Africa– The North Gauteng High Court in South Africa has declared that South Africa’s withdrawal from the International Criminal Court unconstitutional.  The court’s reasoning behind this decision is that because the parliament was not consulted in making the withdrawal, the withdrawal is unconstitutional.  The court has ordered that President Jacob Zuma and the Ministries of Justice and Foreign Affairs revoke their notice of withdrawal.

A picture of the ICC logo on a glass wall.

The ICC. (Photo Courtesy of Human Rights Watch)

This ruling comes at an interesting time in the international community.  The Gambia, which is under new leadership, just recently revoked its own withdrawal notice.  After the ruling in South Africa there is now only one African nation who wishes to withdrawal, the country of Burundi.  Many in South Africa are excited about the ruling, mainly because of South Africa’s human rights focused foreign policy.  South Africa has worked to keep good human rights record since the end of apartheid.

While this ruling is welcome by many the government can appeal the ruling to a higher court, which they most likely will.  The government is still reeling after the visit of Sudanese President Omar al-Bashir’s in 2015.  While the Sudanese President was visiting Johannesburg for an African Union summit the South African government openly ignored an ICC arrest warrant for al-Bashir.  The Sudanese President is wanted for alleged war crimes.

For now members of the international community are happy with this victory that will help save the International Criminal Court.  Until the government appeals South Africa will not be able to withdrawal from the court.

For more information, please see: 

Arab News – South African Court rules ICC Withdrawal Unconstitutional – 23 February 2017

BBC Africa – South Africa’s Decision to leave ICC ruled ‘invalid’ – 22 February 2017

Daily Maverick – Hasty, irrational and unconstitutional: High Court’s damning verdict on SA’s ICC withdrawal – 24 February 2017

Human Rights Watch – South Africa High Court Rejects ICC Withdrawal – 22 February 2017

Ecuador Will Hold Presidential Runoff

By Cintia Garcia

Impunity Watch Reporter, South America

Quito, Ecuador—In a closely watched election, the Electoral Commission of Ecuador announced that a presidential runoff will be held on April 2nd. Left-wing party candidate Lenin Moreno did not meet the 40% of votes needed to win the election.

Conservative party members demonstrate outside the National Electoral Council. (Picture Courtesy of The New York Times)

Unlike in the past when results have been announced the same night, this election took four days for the results to be released. The delay according to the National Electoral Council President, Juan Pablo Pozo, “blamed the numerical inconsistencies in 5.5% of the ballots.” They also stated that the delay in arrival of the ballots from remote regions of Ecuador led to the delay, including ballots from consulates abroad. The final results are still not accounted for but Lenin Moreno has won 39.3% of the votes—just short of what was needed to win the election.

Lenin Moreno has been running on a platform of increasing employment opportunities and higher education for all. He is a close ally of current president, Rafael Correa. Guillermo Lasso is a former banker running for the right wing party. Mr. Lasso is hoping to create jobs with foreign investment. It is believed that the other conservative candidates will endorse his candidacy.

Concern has been expressed by many, including the presidential candidates, regarding the length of time it took for the results to be released. Mr. Lasso and his supports are claiming fraud in the elections. But there has been no evidence to support irregularities. Hundreds of his supporters were demanding a runoff outside of the National Electoral Council office in Quito. Current president, Correa, released a statement in response to the fraud claims stating that the conservative party was using the fraud allegations to prompt violence.

In other elections through out Latin America, such as Argentina, Brazil, and Peru, conservative leaders have won the presidential office replacing leftist parties.

For more information, please see:

BBC—Ecuador Will Hold Run-Off Poll to Choose New President—23 February 2017.

The New York Times—Ecuador to Hold Runoff in Tense Presidential Election—23 February 2017.

The Wall Street Journal—Ecuador’s Presidential Election Heading to Runoff—23 February 2017.

US News Week—Official: Ecuador’s Presidential Election Headed to Runoff—21 February 2017.

Philippine President Accused of Having Ordered Extra-Judicial Killings During Time as Mayor

By: Nicole Hoerold
Impunity Watch Reporter, Asia

MANILA, Philippines– A retired Philippine police officer has confessed to leading a death squad on the direct orders of Rodrigo Duterte, before he became president. The retired police officer, Arthur Lascañas, spoke at a news conference on February 20. Mr. Lascañas alleges that President Duterte had personally ordered extrajudicial killings during his time as mayor of Davao. Mr. Lascañas is the second person to speak out against President Duterte. Last year, Edgar Matobato made similar claims to have received orders from Durterte to commit extrajudicial killings during his time as mayor.

Arthur Lascañas speaks at a news conference alleging that he led a death squad under direct orders of Philippine president Rodrigo Duterte when he was mayor of Davao City. Photo courtesy of: Associated Press.

These accusations come only weeks after President Duterte was accused of sponsoring extrajudicial killings in his own state-sponsored war on drugs. In early 2017, Amnesty International warned that the Philippine police are “systematically planning” such killings against criminals and drug suspects.

The recent accusations against Duterte claim that the former mayor established groups of hit-men to find and kill small-time drug dealers and petty criminals. Mr. Lascañas explained that members of these groups were paid between $400 and $1,000 for the killings, a price dependent on the status of the individuals murdered. Mr. Lascañas said that the groups received allowances for these efforts directly from Duterte’s office as mayor. Eventually, the groups were encouraged to kill not only drug offenders and criminals, but any individual critical of Duterte’s rule.

Mr. Lascañas confirmed earlier statements by Mr. Matobato which claimed that Duterte called for the murder of Jun Pala, who was gunned down near his home in 2003. Jun Pala was a radio commentator who was famously critical of Duterte during his time as mayor of Davao.

Philippine Senator Leila de Lima, a staunch critic of Duterte, urged the country’s Cabinet to declare their president unfit to rule, describing him as a “sociopathic serial killer”. De Lima is now facing arrest on charges that she was involved in the drug trade, accusations which she says were master-minded as a result of her leading an investigation of the recent allegations against Duterte during his time as mayor.

For more information, please see:

New York Times – Ex-Officer in Philippines Says He Led Death Squad at Duterte’s Behest – 20 February, 2017

Reuters – Philippine senator urges Cabinet to stop ‘sociopathic serial killer’ Duterte – 21 February, 2017

Japan Times – Ex-cop says Duterte, while Davao mayor, paid him and others to kill crime suspects – 20 February, 2017

CNN – Former Davao Death Squad leader: Duterte ordered bombings – 20 February, 2017

U.S. Supreme Court Takes up Case of Mexican Border Shooting

By Sarah Lafen

Impunity Watch Desk Reporter, North America

WASHINGTON D.C., United States — On February 21, the United States Supreme Court took up the 2010 case of an unarmed 15-year old Mexican national who was shot and killed by U.S. Border Patrol agent Jesus Mesa at the border between Mexico and the U.S.  The shooting was recorded on a cell phone video.

Some of Sergio Hernandez’s relatives visit the Ciudad Juarez area of the U.S.-Mexico border on the anniversary of his death in 2012 (Photo Courtesy of NPR).

The facts of the shooting are in dispute.  The family of Sergio Hernandez, the deceased, claims that their son was playing with his friends along the Mexican border near El Paso, Texas.  The U.S. government, however, claims that the shooting occurred while “smugglers” attempted to cross the border illegally, and were throwing rocks at Mesa.

Hernandez’s family is suing Mesa for violating Hernandez’s constitutional rights.  They were denied legal recourse in the lower courts, who ruled that the boy lacked constitutional protection inside Mexico.  Bob Hilliard, the lawyer representing the family, spoke of a press release issued by the FBI’s El Paso office, and said that “the statement literally says [Mesa] was surrounded by these boys, which is just objectively false” and that the video footage clearly shows there was no one surrounding Mesa at the time of the shooting.

Mesa maintains that he shot the boy in self-defense after being surround by the teenagers throwing rocks.  Mesa’s lawyers claim that this scenario will come to light via video footage from other cameras on the scene that have not yet been released to the public.

At the oral argument for the case, Justice Ruth Bader Ginsburg stated that the case “has, as far as the conduct is concerned, United States written all over it” and cited the actions of Mesa, who was in El Paso when he shot Hernandez.  Justice Sonia Sotomayor suggested there should be some type of civil remedy available for the family.

The court’s more conservative justices, however, claim that no constitutional claim has been allowed against a federal official for about 30 years.  The justices warned against creating such a claim that would lead to other similar claims made by foreign nationals outside of the U.S.

The question in front of the Supreme Court is whether or not the Hernandez family has the right to sue.

 

For more information, please see:

ABC — Supreme Court Hearing Case of Teen Shot Dead in Mexico by Border Agent in US — 21 February 2017

CNN — US Border Patrol Shooting of Mexican National goes to Supreme Court — 21 February 2017

NPR — Supreme Court to Decide if Mexican Nationals May Sue for Border Shooting — 21 February 2017

USA Today — Supreme Court Divided Over U.S.-Mexico Border Shooting — 21 February 2017