On August 22, 2008, the United States Foreign Intelligence Surveillance Court of Review considered a petition asking for the court to review the constitutionality of certain “directives issued to the petitioner pursuant to a now-expired set of amendments to the Foreign Intelligence Surveillance Act of 1978.” The petition asked the court to weigh the question of national security versus the right of privacy under the Fourth Amendment. The court considered the complex legal issues involved in such a question and found that the directives were lawful. The full opinion, by Chief Judge Selya, can be found here.
Foreign Leaders Criticize Fiji’s Interim PM for Not Attending Forum Meeting
By Hayley J. Campbell
Impunity Watch Reporter, Oceania
SUVA, Fiji – Foreign Affairs Ministers from New Zealand and Australia met yesterday to express their disapproval of Fiji’s interim prime minister, who announced he will not be attending the Pacific Forum meeting next week.
Murray McCully, NZ Foreign Affairs Minister, says that Fiji’s interim prime minister, Commodore Frank Bainimarama, was the primary focus of his meeting with Stephen Smith, Foreign Affairs Minister to Australia.
The Pacific Islands Forum has representatives from sixteen independent and self-governing states. The Forum was created to promote peace, harmony, security and economic prosperity within the Pacific nations. Fiji was one of seven founding members.
On Tuesday, Bainimarama said he will not attend next week’s Forum meeting in Papua New Guinea even though Forum leaders will likely discuss Fiji’s suspension from the group. Forum members have been dissatisfied ever since Bainimarama announced he will not make good on promises to hold democratic elections in 2009. In the Forum’s 30 years of existence, no member state has ever been suspended.
McCully and Smith say the interim prime minister should attend the meeting if only to explain the delay in restoring democracy to the Fijian people.
For more information, please see:
International Herald Tribune – NZ: Fiji may face more sanctions over no elections – 20 January 2009
Radio New Zealand International – NZ’s Foreign Affairs Minister disappointed Fiji’s interim PM will not be at meeting – 22 January 2009
The Sydney Morning Herald – Fiji’s coup leader defends summit stance – 22 January 2009
Bainimarama Dismisses Chairman’s Opinion of Fiji’s Political Situation
By Sarah E. Treptow
Impunity Watch Reporter, Oceania
SUVA, Fiji– Fiji’s Prime Minister, Commodore Frank Bainimarama, has written to the Chairman of the Pacific Islands Forum and Premier of Niue, Toke Talagi, dismissing Mr. Talagi’s statements to Radio Australia’s Pacific Beat about Fiji’s political situation as ill-informed.
Mr. Talagi said that the region’s leaders must be careful when accepting Bainimarama’s election promises. Bainimarama told the leaders in 2007 that Fiji will hold elections next year but has since said this will not happen. Mr. Talagi said, “That’s part of the problem that I have as a chair of the Forum at the present time – the fact that if he’s not able to hold to his word then we’ve got to be extremely careful in determining when he promises to do things into the future whether he’s going to hold to that word as well.”
Bainimarama replied that Mr. Talagi has never been to Fiji to assess the realities on the ground not communicated with him in any substantial way about the political situation. He says that the people of Fiji will decide their political destiny and future. He also reiterated that Fiji will not return to parliamentary representation by March this year.
The attacks on Niue’s Premier come a week ahead of a special Forum leaders meeting in Port Moresby, Papua New Guinea to discuss Fiji’s political situation and its refusal to hold elections as promised. Commodore Bainimarama is looking forward to meeting Mr. Talagi at the meeting.
For more information, please see:
Radio New Zealand International – Forum chair Talagi criticized by Fiji regime over post-coup stance – 19 January 2009
Islands Business – People will decide political destiny: Bainimarama – 19 January 2009
Fiji Times Online – Fiji must win leaders’ trust: Talagi – 09 January 2009
Bangladesh to Accept Illegal Migrants to Thailand
By Pei Hu
Impunity Watch Reporter, Asia
DHAKA, Bangladesh– India and Bangladeshi officials are cooperating to repatriate illegal migrants, also known as “boatpeople,” that made unsuccessful attempts to migrate to Thailand by sea. In the past two years, Thai officials have detained more than 5,000 boatpeople.
Allegations of the Thai navy of sending the boatpeople out into the high seas in boats without engines and with little or no food have caught international attention. In response, the Thai Prime Minister, Abhisit Vejjajiva, has said reports of abandonment at sea are “exaggerated” but promised an investigation team to probe the allegations.
Indian coastguards have rescued more than 300 boatpeople near Andaman Islands, and the Indonesian coastguard has rescued more than 200 more. Survivors say that over 500 migrants are still missing.
Some of the boatpeople are originally from Bangladesh. Many of the refugees are Rohingya Muslims originally from Arakan province in Burma. The Rohingya people face persecution and discrimination in Burma. Many of these illegal migrants seek work in Thailand and Malaysia.
Foreign Ministry spokesman Yeakub Ali said the Bangladeshi government is taking measures to repatriate the Burmese nationals that have been rescued out at sea. However, Bangladesh is more reluctant to accept Rohingya refugees. About 200,000 Rohingyas live in refugee camps in Southern Bangladeshand many have acquired Bangladesh citizenship.
Meanwhile the United Nations High Commission for Refugees (UNHCR) is demanding for the release of 126 Rohingya Muslims that are still in Thai custody. Earlier this week the Thai government denied UNHCR access to the detainees.
For more information, please see:
BBC – Bangladesh Accepts 57 Boat People – 22 January 2009
Economist – Thailand’s Burmese People Cast Adrift – 22 January 2009
IW – Thailand Mistreats Illegal Immigrants – 15 January 2009
Xinhua – Bangladesh to Bring Home Nationals Rescued in Indian Sea Coast – 30 December 2008–
Investigation Begins Into Alleged Use of Phosphorus Shells by Israel
By Nykoel Dinardo
Impunity Watch Reporter, Middle East
JERUSALEM, Israel – Israel announced on January 21 that the Israeli Defense Force (IDF) would begin an investigation into the alleged illegal uses of phosphorus shells in Gaza. The Israeli army states that its use of weapons during the Gaza offensive was completely legal, however, until recently refused to specify which weapons had been used.
International law forbids the use of indiscriminate weapons, or weapons that unnecessarily harm civilians. White phosphorus sticks to human skin and will continue to burn through the skin to the bone. killing most exposed to it. Although the use of phosphorus shells is allowable under international law, it is only permitted for specific uses, such as lighting up an area at night, or creating a smoke screen to mask troops. The use of white phosphorus in civilian areas is prohibited by the Geneva Conventions.
Amnesty International and Human Rights Watch have both accused Israel of using white phosphorus in densely populated civilian areas in Gaza. Human Rights Watch reported on January 10 that Israel appeared to be using white phosphorus to hide military operations in Gaza, however the shells were being detonated in or near densely populated areas causing many civilian casualties. Amnesty International claims that Israel’s use of phosphorus in such an indiscriminate manner constitutes a war crime.
Medical reports coming from Gaza seem to support the claims that many civilians were exposed to the deadly chemical. A surgeon at the Shifa hospital claimed that he treated many patients with burns unlike those he had ever seen. He said he had already lost 60 to 70 patients due to severe burns and related injuries and that he had also been losing patients with relatively small burn injuries unexpectedly. The wounds were consistent with phosphorus exposure.
At first, Israel denied all use of phosphorus weaponry. However, it acknowledged on January 20 that it had used phosphorus shells, claiming that all use during the offense was allowable under international law. Israeli media sources have claimed that approximately 200 shells were fired, but that they were mostly fired over orchards where gunmen and rocket launchers were known to be hiding.
For more information, please see:
Associated Press – Israel Will Investigate Use of Phosphorus Shells – 21 January 2009
BBC – Israel to Probe Phosphorus Claims – 21 January 2009
International Herald Tribune – Israeli Use of Phosphorus Shells Under Investigation – 21 January 2009
The National – Israel Accused of Phosphorus Use – 21 January 2009
Times Online – Israel ‘Admits’ Using White Phosphorus Munitions – 21 January 2009
Amnesty International – Amnesty International Team Reports From the Rubble of Gaza – 20 January 2009
BBC – New Israel Phosphorus Accusation – 20 January 2009
The Guardian – Gaza Doctors Struggle to Treat Deadly Burns Consistent with White Phosphorus – 20 January 2009
Reuters – Amnesty Accuses Israel of Crimes Over White Phosphorus – 19 January 2009
Human Rights Watch – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009