Israeli-Palestinian Tensions Escalating in the Middle East Threaten Peace to All

By: Mahogani Counts

Journal of Global Rights and Organizations, Associate Articles Editor

JERUSALEM, Israel – On Wednesday, April 5, 2022, Israeli police conducted an armed invasion into the third holiest site in Jerusalem, leading to the arrest of over 350 Muslims. Since these latest attacks, violent tensions have emerged between Israel and Palestine. According to CBS News, Palestinians attempted to stay overnight in the Al-Aqsa Mosque since the beginning of Ramadan, which began on March 22. However, worshipers can only stay overnight during the remaining ten days of Ramadan. Growing tired of defiance, Israeli officers entered the site daily to evict the worshipers.

Israeli border policemen take position near the Al-Aqsa Mosque compound [Ammar Awad/Reuters]

Thousands of Muslims arrived at the Al-Aqsa Mosque on Tuesday evening for worship. Israeli officials claimed officers were forced to enter the compound as people armed with fireworks and stones barricaded themselves inside. Talab Abu Eisha, present at the time of the raid, said that “the youths were afraid and started to close the doors.” Video footage of the mosque invasion shows officers beating Palestinians with batons and rifle butts while many were restrained. Eyewitnesses also reported that Israeli police broke windows, smashed doors, and fired stun grenades into the Al-Aqsa Mosque.

The attack on this holy site is profound because there are jurisdiction violations as well as human rights violations. Under international law, Israel does not have jurisdiction to act in East Jerusalem. Furthermore, Israeli entry into the Al-Aqsa Mosque is prohibited by the status quo agreement. Nevertheless, Israeli officers have persistently sought to prevent Muslims from praying in the compound overnight. This ritual of performing overnight prayer is called “itikaf” and it is customary for Muslims do to this during Ramadan. Although there is no explicit rule against overnight prayer at Al-Aqsa Mosque, Israeli police informed Cable News Network, or CNN, that Muslims specifically were not “allowed to be in the compound during night hours.”

At least twelve people were injured in the Mosque attack, and three of the injured were transported to the hospital. The Red Crescent reported to CNN that their ambulances were blocked by the police, which prevented them from attending to the injured. Unfortunately, this is not the only act of violence by Israel towards Muslims. Last week, Israeli police shot and killed a 26-year-old Palestinian man named Muhammad Al-Osaibi at the entrance of the Mosque. These recent attacks by Israel have led to greater turmoil within the nation.

After the attack on the Al-Aqsa Mosque, a dozen rockets were fired from the Gaza Strip aimed at Israel. A leader of the Hamas, a militant group that runs Gaza, stated the unprecedented violations by Israel will not pass. Thereafter, Israeli fighter jets fired at weapons manufacturing and storage sites in the Gaza Strip. It is unlikely that tensions will cool because Israeli Defense Minister Yoav Gallant said that they will return fire from any attacks and that they will make others regret threatening Israeli citizens. It is imperative that the attacks between Israel and Palestinians cease for the betterment of the country and civilians.

 

For further information, please see:

CNN – Israeli police storm al-Aqsa mosque for the second time on Wednesday – 6 Apr. 2023

CNN – The situation in Jerusalem is boiling over. Here’s how it all happened – 7 Apr. 2023

CBS News – Israeli forces storm Jerusalem’s Al-Aqsa mosque, arresting hundreds of Palestinian worshipers – 5 Apr. 2023

AlJazeera – Israel-Palestine updates: Police raid Al-Aqsa for a second night – 6 Apr. 2023

Wbur – Tensions escalate in Jerusalem after 2nd consecutive night of police raiding Al-Aqsa Mosque – 6 Apr. 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

Decision to Return Child to Father in USA Did Not Violate Mother’s Rights

By: Sallie Moppert 

Impunity Watch News Staff Writer 

STRASBOURG, France – The European Court of Human Rights (“ECHR”) handed down a decision on February 21, 2023 that determined no violation of Article 8 of the European Convention of Human Rights had occurred in the case of G.K. v Cyprus regarding the right to respect privacy and family life. The ECHR found that the district courts in Cyprus had properly considered the arguments of all the involved parties and ruled out any harm to the child before ordering his return to his father in the United States.

The District Court in Paphos, Cyprus
Photo Courtesy of In-Cyprus.

G.K., a native of Cyprus, married a US citizen (“Father”) in 2016 and the couple had a son born that same year. One year later in October 2017, G.K. filed a domestic violence complaint against the Father and subsequently sought an order of protection before moving to a safe house. She eventually took her son, now one-year-old, from the US back to Cyprus with the assistance of the Cypriot authorities. The son was granted Cypriot nationality and a passport during this time.

The Father hired private detectives to locate G.K. and their son, eventually tracking them down in Cyprus. In 2018, he requested the US authorities to apply to the Cyprus authorities under the Hague Convention for the son’s return to the US. The Cypriot authorities filed an application and affidavit in the Family Court in Paphos, Cyprus requesting the son’s return to the US. G.K. objected, claiming that the son would be in danger due to the Father’s prior record of violence. The Father refuted these allegations and provided an affidavit that he had a stable job and could successfully provide for his child.

After an adjournment and postponement due to the Covid-19 pandemic, the Court eventually ruled that the son should be returned to the US. The Father was determined to be a credible witness with consistent and persuasive testimony and evidence, while G.K.’s version of events was general, vague and contradictory. The Court found that she failed to provide evidence to demonstrate why the son should not be returned to the US. G.K. appealed, and the Family Court of Second instance affirmed.

G.K. argued that her right to private and family life under Article 8 of the European Convention on Human Rights was violated due to the unreasonable length of the proceedings and the Court’s decision to return her son to the US without adequately assessing the situation and risks involved. The Court disagreed, stating that the return of the son to the US was not an immediate decision, instead only being made after G.K. had the opportunity to cross-examine the Father, and the domestic courts had considered all the arguments of the parties before making a decision that was in the best interest of the child. The Court also determined that G.K. had not suffered a disproportionate interference with her right to respect for her family life.

 

For further information, please see:

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

Tunisian Nations Denied Suspension of the Decree-Law and Postponement of Elections

By: Rachel H Sanders

Journal of Global Rights and Organizations, Senior Associate Member

BANJUL, The Gambia – Tunisian nationals were denied their application seeking provisional measures to suspend the enforcement of potentially anti-democratic election laws as well as the postponement of the Republic of Tunisia parliamentary elections. The Application was filed against the Republic of Tunisia which had recently received a judgment from the Court on September 22, 2022, ordering that the country restore constitutional democracy. The Tunisian nationals, named Ayadi Fathi, Khlifi Oussama, and Makhloufi Sofiane, were fearful that the President of the Republic of Tunisia was extending his extensive and unchecked powers by implementing “illegal and undemocratic acts which truncated constitutional democracy, leading the country into totalitarianism.”

The African Court on Human and Peoples’ Rights. Photo Courtesy of ACfHPR

The Tunisian nationals claimed that the President of the Republic of Tunisia was attempting to set up a parliament that is completely under his control by abrogating the 2014 Constitution, initiating the dissolution of the provisional body in charge of reviewing the constitutionality of draft laws by the Decree-Law No. 2021-117 of September 22, 2021, and initiating the dissolution the of parliament by Decree-Law No. 2022-309 of March 30, 2022. The claimants alleged a violation of (A) the right to participate freely in the government of their country, protected by Articles 13(1)(2) and 24 of the Charter, Articles 1(1) and 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 1(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), (B) the right to non-discrimination protected by Articles 2 and 18(3) of the Charter, and Article 2 of the ICCPR, and (C) the right to freedom of association, protected by Article 10(1) of the Charter. The petitioners focused upon challenging Decree-Law No. 2022-55 which amended and supplemented Organic Law No. 2014 of May 26, 2014, on elections and referendums.

In addition, the Tunisian nationals applied for a postponement of the legislative elections scheduled for December 17, 2022. The applicants claimed that “the Tunisian people stand to suffer imminent and irreparable harm in view of the fact that these elections may plunge the country into institutional disorder and political unrest for an unlimited period of time.” Conversely, the Court found a lack of urgency as the application was filed on January 6, 2023. Confusingly, the application and the request for provisional measures were initially filed on January 6, 2020. Despite that, it took until February 2, 2023, for the Republic of Tunisia to be notified. The Court provided the Republic of Tunisia a period to respond on the merits and on the provisional measures respectively within ninety (90) and fifteen (15) days of receipt of notification. The Court also requested that the Republic of Tunisia submit the names of its representatives within thirty (30) days. However, the Republic of Tunisia did not respond to the complaint.

In the end, the Court found against the Tunisian nationals stating that the request did not meet the requirements of urgency or extreme gravity and irreparable harm. The Court emphasized that these two facts are cumulative so that if one of them is lacking, the measure requested cannot be ordered. The Court recalled that urgency, which is consubstantial with extreme gravity, means a “real and imminent likelihood that irreparable harm will be caused before it renders its final decision.” The risk in question must be real, which excludes the purely hypothetical risk and explains the need to remedy it immediately. The Court denied the request to suspend the Decree-Law as the applicants never produced neither any evidence of urgency or extreme gravity nor evidence of irreparable harm, which would result from its enforcement. Due to this, as well the delay in the request for postponement of the election, the Court found that the Tunisian nationals’ request was moot.

The Republic of Tunisia became a party to the African Charter on Human and Peoples’ Rights on October 21, 1986, and to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights on October 5, 2007.  The Court’s order is provisional in nature and in no way prejudges the Court’s findings on its jurisdiction or on the admissibility and the merits of the Application. A dissenting opinion is being drafted by Bensaoula Chafika,

For further information, please see: