North America

Green Card Holding Columbia Graduate Arrested by Federal Immigration Enforcement

By Leila Barghouty 

Journal of Global Rights and Organizations, Associate Articles Editor

New York City, U.S. — Mahmoud Khalil, a recent Columbia graduate and lawful permanent resident who was arrested by Immigration and Customs Enforcement (“I.C.E.”) on March 8 and faces deportation, will remain at a detention facility in Louisiana while the court determines whether or not to grant a motion to compel that would require the government to return Khalil to New York City, where he lives and was arrested.  

 
Mahmoud Khalil at Columbia University in New York during a pro-Palestinian protest on April 29, 2024. Photo Courtesy of AP Photo by Ted Shaffrey.
  

The motion was heard as part of a brief hearing before Judge Jesse M. Furman — a federal judge of the United States District Court for the Southern District of New York — on March 12, during which Judge Furman also ruled that Khalil would be granted one attorney-client call on March 12 and one the following day. Khalil had been previously barred from speaking to his lawyers or family while in detention. 

Despite being a green card holder, many believe Khalil has been targeted for his role as a pro-Palestine student activist. A petition for the writ of habeas corpus was filed by Khalil’s attorney, Amy Greer, on March 9, stated that this activism included “calling on the rest of the world to stop providing weapons and support to enable the genocide in contravention with international law.” The petition stresses that speech regarding international law and the obligations of the U.S. therein is “clearly protected by the First Amendment.” During his arrest, I.C.E. agents indicated that Khalil’s green card may have been revoked without due process. A March 10 order by Judge Furman blocked Khalil’s deportation pending court order. 

The American Civil Liberties Union and the New York Civil Liberties Union joined Khalil’s legal team shortly after his arrest. An amended petition for the writ of habeas corpus was filed on March 13. The amended petition states that the respondents, members of the Trump administration, have adopted a retaliatory policy to punish non-citizen protesters who are critical of Israel, a U.S. ally. A motion to compel  under the All Writs Act, 28 U.S.C. § 1691, was also filed on behalf of Khalil for an order to return him to New York for the duration of proceedings.

Khalil’s arrest has gained widespread criticism by First Amendment and international human rights advocates as many view it as an attempt by the Trump administration to chill free speech — particularly by international students on college campuses — as it ramps up aggressive deportation campaigns. The ACLU called Khalil’s arrest and possible deportation “unlawful” and a representation of the administration’s “efforts to silence speech of which they are critical.” 

 

For further information, please see: 

 

ACLU – Khalil v. Trump, Amended Petition for Writ of Habeas Corpus and Complaint – 13 Mar. 2025

ACLU – Khalil v. Trump, Notice of Conference – 10 Mar. 2025

ACLU  – Khalil v. Trump, Petition for Writ of Habeas Corpus – 9 Mar. 2025

The Associated Press – Columbia grad student’s detention will stretch on as lawyers spar over Trump’s plan to deport him – 12 Mar. 2025

The Associated Press – Federal agents are seen arresting Palestinian activist Mahmoud Khalil in a newly released video – 14 Mar. 2025

PACER – Khalil v. Trump, Order of the court – 12 Mar. 2025




ICC Office of the Prosecutor Targets Slavery Crimes with Landmark Policy

By: Remy Kane

Impunity Watch News Staff Writer

THE HAGUE, The Netherlands – On March 19, the International Criminal Court (ICC) Office of the Prosecutor announced that a new Policy on Slavery Crimes is in the works. The policy will mark the first specific action taken by an international judicial institution to combat crimes of slavery. This reflects the ICC’s dedication to achieving justice for victims of such crimes and preventing the future commission of them.

 
Permanent premises of the International Criminal Court in The Hague, the Netherlands. | Photo courtesy of Human Rights Watch.
  

Modern slavery encompasses sex trafficking, forced labor, bonded labor or debt bondage, domestic servitude, and the unlawful recruitment and use of child soldiers. To quote Prosecutor Khan, “Slavery crimes are committed against an untold number of persons and populations, including child soldiers, persons forced to migrate or be trafficked, and persons detained, disappeared, or forced into marriage or labor that devolves into slavery.”

As of 2021, 49.6 million people were living in modern slavery per the International Labour Organization. Of those individuals, 27.6 million were subject to forced labor and 22 million were in forced marriages. Twelve percent of those in forced labor were children and more than half of these children were victims of commercial sexual exploitation. Child trafficking occurs in every country in the world and makes up a third of all human trafficking cases. Human trafficking and forced labor generate roughly $150 billion annually. These numbers are testimony to how slavery crimes are a grave and pressing issue.

The Policy on Slave Crimes will aim to take a survivor-centered, trauma-informed and gender-competent approach, and will be “rigorously implemented” once formulated, according to the Prosecutor. It will be in alignment with other recent policies tackling similar issues, including the 2022 Policy Paper on Gender Persecution, the 2023 Policy on Gender-Based Crimes, and the 2023 Policy on Children.

The Office of the Prosecutor has consulted survivor communities, civil society organizations, national authorities, international organizations, and other justice actors to help shape the Policy. To further aid in the process, the Office is also seeking input from the public. External experts are welcome to offer substantive comment on how the Policy can be best effectuated. Such comments will be accepted via email until April 30, 2024 (see more information about submissions on the ICC website, linked below).

For further information, please see:

ICC – Office of the Prosecutor Launches Public Consultation on Policy on Slavery Crimes – Mar. 19, 2014

ICC – Policy on Children – Dec 7, 2023

ICC – Policy on Gender-Based Crimes – Dec. 4, 2023

ICC – Policy on The Crime of Gender Persecution – Dec 7, 2022

International Labour Organization – Forced Labour, Modern Slavery and Human Trafficking – Sept. 12, 2022

Lexology – ICC Opens Consultation for New Policy in Slavery Crimes – Mar. 20, 2024

UNICEF – UNICEF and The Fight Against Child Trafficking – Nov. 9, 2022

 

 

 

 

ICJ Case Regarding Illegal Freezing of Iranian Assets Remains Open

By: Tiffany D. Johnson

Impunity Watch News Staff Writer

THE HAUGUE, The Netherlands – In March of 2023, the International Court of Justice (ICJ) rendered a landmark judgment in the case concerning “Certain Iranian Assets” (United States Diplomatic and Consular Staff in Tehran, United States of America v. Iran), requiring the United States to justly compensate the Islamic Republic for economic sanctions that violated the Treaty of Amity. However, both parties have yet to come to an agreement on the amount due.

 
Members of the Delegation of the Islamic Republic of Iran listen to the International Court of Justice’s judgment in the case concerning Certain Iranian Assets on March 30, 2023, at the Peace Palace in The Hague. | Photo courtesy of Wiebe Kiestra via the International Court of Justice.
  

The case stems from a dispute between the United States and Iran regarding the freezing of Iranian assets by the U.S. government during the Iranian Revolution in 1979. The Foreign Sovereign Immunities Act (FSIA) was modified by the US in 1996 to revoke immunity for states identified as “State sponsors of terrorism.” Many plaintiffs filed lawsuits against Iran, which the US designated as a “State sponsor of terrorism” in 1984, alleging that Iran supported acts that caused damages. This was due to the FSIA’s terrorism exception. Enacted in 2002, the Terrorism Risk Insurance Act (TRIA) allowed for the enforcement of judgments entered in accordance with the FSIA’s 1996 amendment.

Crucially, Section 201 of TRIA states that in these situations, an entity designated as a “terrorist party” may have its assets executed or attached in order to aid in its execution. Executive Order 13599 issued by President Barack Obama in 2012 resulted in the blocking of all Iranian government assets within U.S. jurisdiction. Then, in order to comply with default judgments against Iran, the United States passed the Threat Reduction and Syria Human Rights Act (ITRSHRA), which put Bank Markazi’s assets up for execution.

Iran filed a suit against the United States with the ICJ in 2016, alleging that by allowing private litigants to pursue lawsuits against Iran and attaching confiscated Iranian assets to satisfy judgments obtained against Iran in those actions, the United States had violated both the 1955 Treaty of Amity between the two nations and international law norms on State immunity. Iran argued that these actions constituted a violation of international law, specifically the Treaty of Amity, Economic Relations, and Consular Rights between the two nations. The ICJ was tasked with adjudicating on the legality of the U.S. government’s actions and determining the reparations owed to Iran.

In its March 2023 judgment, the ICJ acknowledged the delicate balance between state sovereignty and international obligations. The Court affirmed that the U.S. government’s freezing of Iranian assets indeed violated the Treaty of Amity. Notably, the ICJ emphasized the principle that states must respect the rights of other nations, irrespective of political tensions or conflicts.

The Court held that the freezing of assets had adversely affected Iran’s economic interests and, by extension, violated its rights under the Treaty. Although the Court ruled that it could not order the United States to unfreeze assets held by the Iranian central bank worth nearly $1.75 billion, it did mandate that the U.S. reimburse Iranian companies for the sanctions it had imposed and the other assets it had seized.

If the U.S. and Iran are unable to agree on the amount of compensation due to Iran within 24 months of the ruling, the matter, at the request of either party, will be settled by the Court. As of right now, there has been no agreement on appropriate compensation between the United States and Iran and the case remains open on the Court’s General List.

For further information, please see:

Just Security – After ICJ’s “Certain Iranian Assets” Judgement, Iran and United States Both Claim Victory – 17 April 2023.

International Court of Justice – Certain Iranian Assets (Islamic Republic of Iran v. United States of America), Judgment – 30 March 2023.

International Court of Justice – Press Release: The Court delivers its Judgment on the merits of the case – 30 March 2023

Treaty of Amity, Economic Relations, and Consular Rights between the United States of America and Iran, 1955, 8 U.S.T. 899.

UN Press – International Court of Justice Docket Reflects Legal Questions Concerning All Humanity in Every Region, President Says, as General Assembly Takes Up Report – 26 Oct 2023

Despite Newly Passed Avenues for Support to the ICC, the Biden Administration and Pentagon are at Odds in Determining Which Documents to Provide the ICC regarding Putin’s Actions in Ukraine

By: Patrick Farrell

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands – As previously reported by Impunity Watch News, the ICC issued an arrest warrant for Putin’s arrest due to his role in the atrocities perpetrated during Russia’s war in Ukraine. The public issuing of the warrant was heralded as a significant step for two major reasons. First, in deterring further crimes in Ukraine, and second, widespread support for the indictment has been characterized as a win for the basic principles of humanity. Yet, the Kremlin has directly condemned the ICC’s actions, labeling them as “outrageous and unacceptable” and even rejected the warrant. Given this response, the ICC is now in need of support for the investigation and eventual prosecution. With that said, the Biden Administration is currently at odds with the Department of Defense in determining the nature of the evidence that the United States will share with the ICC regarding Russian atrocities in Ukraine.

The International Criminal Court. Photo courtesy of Dmitry Kostyukov for The New York Times

Following a National Security Council cabinet-level principals committee meeting on Feb. 3, President Biden has yet to make a decision to resolve the dispute. Although President Clinton signed the Rome Statute in 2000, he never sent it to the Senate for ratification, thus leaving the United States as a non-party to the Treaty. Further, in 1999 and 2002, Congress enacted laws that limited the support that the government could provide the ICC. However, following the bipartisan push to hold Putin accountable, Congress returned to the question of whether to help the ICC. Pursuant to regulations passed by Congress in December 2022, exceptions now exist that allow the U.S. Government to assist with “investigations and prosecutions of foreign nationals related to the situation in Ukraine.” These new laws, including the Consolidated Appropriations Act, the Justice for Victims of War Crimes Act, and the 2023 National Defense Authorization Act contain new elements highlighting the importance attached to supporting accountability for those responsible for atrocities such as these. Most importantly, the amendments in the Consolidated Appropriations Act allow the United States to provide assistance to the ICC Prosecutor’s efforts in Ukraine, even regardless of whether accusations have been made.

Despite these new powers, the Pentagon has maintained the position that the United States should remain separate from the ICC and that the Court should undertake its own investigation, especially since neither the United States nor Russia are parties to the Rome Statute.

Even amidst these internal tensions, national security experts and other government officials see an opportunity in using the ICC as a tool for enforcing accountability. According to John Bellinger, a lawyer for the National Security Council, the U.S. can assist in investigating and prosecuting war crimes by assisting the ICC, which is the successor to the Nuremberg tribunals. In addition, both Senator Lindsey Graham and Attorney General Merrick Garland have reiterated their commitment to helping Ukrainian prosecutors pursue Russian war crimes.

Even after modifications to longstanding legal restrictions which previously stifled America from aiding the ICC, a dispute now exists over whether the U.S. should provide such evidence. Still, it is hopeful that U.S. officials will come to a solution to assist the collaborative effort to bring justice for Russian atrocities committed in Ukraine.

For further information, please see:

Beatrice Nkansah, Impunity Watch News – ‘ICC’ Issues Warrants for Putin’s Arrest Regarding His Role in Russia’s War in Ukraine – 23 Mar. 2023

CNN – ICC issues war crimes arrest warrant for Putin for alleged deportation of Ukrainian children – 17 Mar. 2023

The New York Times – Pentagon Blocks Sharing Evidence of Possible Russian War Crimes With Hague Court – 8 Mar. 2023

Just Security – Unpacking New Legislation on US Support for the International Criminal Court – 9 Mar. 2023

Child Labor Violations Skyrocket in the U.S. with the Forced Labor of Migrant Children

By: Kendall Hay

Journal of Global Rights and Organizations, Senior Associate Member

WASHINGTON D.C., United States – New reports have recently surfaced bringing to light issues of forced labor among migrant children in the United States. The government has recently resolved the first of many cases brought against major companies that are at the heart of the exploitation. Packers Sanitation Services Inc. LTD. was prosecuted and fined $1.5 million in civil penalties in what is one of the largest cases in the history of labor violations. As violations have just begun to surface, it is expected that more litigation will ensue.

Child migrant worker. Photo courtesy of NBC news

Those being targeted are children who cross the border into the United States unaccompanied. Because U.S. law forbids unaccompanied minors to be turned away, many cross into the United States alone and are held in a holding facility until the Department of Health & Human Services (HHS) is able to locate an American sponsor. In the past, HHS has taken time to ensure that the vetting process is thorough by verifying that the sponsors are who they claim to be (typically relatives) and ensuring their agreement to provide for these children. However, due to the large number of unaccompanied children who have recently been crossing alone, detention facilities are at capacity, and the vetting process has become almost nonexistent, as the current administration has demanded that kids are moved through as quickly as possible.

This kind of quick processing has led to the exploitation of kids, as “sponsors” who have ill intentions for the kids are now able to traffic these kids and demand work in exchange for living expenses. These kids accrue a debt they are never able to repay and are forced to choose low-paying jobs and night shifts in local factories so that they are still able to attend school.

Although child labor laws in the United States allow 14-year-old children to work, there are many restrictions in place. Factory work, construction work, and other dangerous positions are restricted until the age of 16, and because school attendance is mandatory, the work chosen must not interfere with a child’s education.

However, recent reporting has found that children as young as 12 are working full-time jobs with extremely low pay and no experience. They are also often hired for the night shift because of the unpopularity of the hours, so they will still have the option to attend school. Because the work available to them is found in meatpacking plants, factories, food production plants, and construction sites, these children are constantly faced with dangerous and life-threatening conditions. As a result, serious injuries and many deaths of these minors have been reported. Machinery accidents, loss of limbs from assembly line work, and falls in construction jobs have all been documented.

Violations have been reported in all 50 states with major brands such as Target, Ben & Jerry’s, Walmart, Whole Foods, General Motors, Fruit of the Loom, Ford, and J Crew among the 850 companies all guilty of attributing to child labor violations.

While some companies are simply looking the other way when hiring these child workers and are failing to do due diligence when checking identification, others contract with hiring services and are not vigilant in overseeing who these services are actually hiring. Because the maximum penalty for violations is $15,000, there simply isn’t enough of a deterrent to prevent these practices from continuing.

The Biden Administration has vowed to crack down on these violations and the Department of Labor has begun investigations of over 600 violations. Lawmakers are also pushing for stricter laws in order to protect these minors that include larger penalties for violators. But with an unprecedented number of unaccompanied children crossing the border, a systemic change will be necessary.

 

For further information, please see:

NPR – How Child Labor Violations Have Quadrupled Since 2015 – 6 Mar. 2023

The New York Times – Lawmakers Clamor for Action on Child Migrant Labor as Outrage Grows – 3 Mar. 2023

CBS News – U.S. takes action to prevent migrant child labor amid rise in violations – 27 Feb. 2023

Reuters – U.S. to crack down on child labor amid massive uptick – 27 Feb. 2023

Economic Policy Institute – Child labor laws are under attack in states across the country – 14 Mar. 2023