Prosecution of Islamic Republic of Afghanistan Continues After United States Is Dropped from Investigation

By: Cody Lee Nagle

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands — Proceedings are currently underway at the International Criminal Court (ICC) to determine whether the Court’s investigations into war crimes in Afghanistan are allowed to resume. The initial investigation began March 5, 2020, when the ICC prosecutor, Karim A. Khan, requested permission from the court to look into reported war crimes in Afghanistan by both Afghanistan and the United States.  Crimes alleged against the Taliban and ISIS affiliates include extreme deprivations of physical liberty, sexual abuse, and persecution of specific groups based on gender or political affiliation. The United States is accused of torture, sexual abuse and offenses to personal dignity both within Afghanistan and in “black sites” around the world.

Karim Khan being sworn in as ICC Prosecutor. Photo courtesy of the International Criminal Court.

Prosecution of Islamic Republic of Afghanistan Continues After United States is Dropped from Investigation

Despite extreme opposition and a lack of cooperation by the U.S., the investigation was approved unanimously by the Court. Some may remember the strong rebuke by former Secretary of State Mike Pompeo upon learning of the investigation into U.S. actions overseas.

Shortly after the investigation began, on March 26, 2020, the process was halted when the Afghanistan government appealed to the court for a chance to investigate internally, instead of using ICC resources. Prosecutor Khan commended the cooperation and constructive engagement by the Government of Afghanistan, noting the enhanced accountability being enjoyed by victims of the atrocities in Afghan territories.

When Afghanistan’s government fell to the Taliban in August of 2021, cooperation with the investigation ended abruptly. At that time the Prosecutor requested the Pre-Trial Chamber allow the investigation by his office to resume. However, Khan only requested authority to investigate the allegations of war crimes against Islamic State- Khorasan Province and the Taliban. Meaning other investigations previously included, such as those into the United States and CIA use of torture, would be deprioritized.

In his request Khan pointed to the gravity and scale of continuing crimes within Afghanistan, especially since the takeover of the Taliban. He also noted that doing any sort of on the ground investigation would likely be inadequate and ineffective given the lack of access to victims and information from the new government.

The decision has received widespread condemnation across human rights organizations who had hopes of holding the United States accountable for its actions within the borders of Afghanistan as well as in offshore sites in Poland, Romania and Lithuania. Even the Pre-Trial Chamber, in a separate decision, offered a slight rebuke to Khan for choosing to investigate specific parties instead of focusing on crimes first to then determine who was responsible.

While it is unclear exactly how the Chambers will rule on this request, recent developments in the court point to a decision coming soon. In October the Chamber requested the UN Secretary General to submit to the court a statement regarding who is currently representing the Islamic State of Afghanistan in order to determine procedures and set timelines for a possible resumption of the investigation.

For further information, please see:

Al Jazeera – ICC prosecutor defends dropping US from Afghan war crime probe – 6 Dec. 2021

Al Jazeera- Analysis: Can the ICC deliver justice in Afghanistan? – 4 Nov 2021

Foreign Affairs – The ICC’s Flawed Afghan Investigation: Why the Court Shouldn’t Let America Off the Hook – 3 Nov. 2021

ICC- Afghanistan: ICC Pre-Trial Chamber II requests the UNSG and the Bureau of the ASP of the ICC to submit information on the identification of the authorities currently representing the Islamic Republic of Afghanistan- 8 Oct. 2021

ICC- Decision on submissions received and order to the Registry regarding the filing of documents in the proceedings pursuant to articles 18(2) and 68(3) of the Statute – 8 Nov. 2021

ICC- Situation in the Islamic Republic of Afghanistan

ICC- Statement of the Prosecutor of the International Criminal Court, Karim A. A. Khan QC, following the application for an expedited order under article 18(2) seeking authorisation to resume investigations in the Situation in Afghanistan – 27 Sept. 2021

International Federation for Human Rights – Resumption of the ICC investigation into Afghanistan, while welcome, should not exclude groups of victims or crimes within the Court’s jurisdiction – 28 Sept 2021

Navalny Faces Additional Charges in Russia

By: Hannah Gavin

Journal of Global Rights and Organizations, Associate Articles Editor

MOSCOW, Russia — Putin’s strongest opponent, Aleksei A. Navalny faced new charges in court this Tuesday. Additional charges included embezzlement and contempt of court. These charges have the potential to extend his imprisonment by 15 years. Navalny faced these charges from a Penal Colony outside of Moscow where he is currently serving what should be the last year of his sentence.

Nalvany at his hearing on Tuesday. Photo courtesy of The Guardian.

In February of 2021, a Moscow appeals court rejected Navalny’s appeal of an original 2014 sentence for embezzlement. Navalny was originally sentenced to two years and eight months. On appeal, the judge reduced Navalny’s sentence by just 45 days. Navalny was poisoned in August of 2020 by Putin and nearly died while at a hospital in Germany. When recovered, Navalny chose to return to Russia, knowing he would be imprisoned.

The new charges come amid tense escalations in the potential military action soon to occur by Russia in the Ukraine. Russia has been deploying troops as well as missiles and other tactical equipment to the Ukrainian border. Although this has not yet escalated into violence, the World has been waiting with bated breath to see what the Kremlin chooses to do. Aleski Navalny spoke at the end of January urging western nations to take a harsher stance against Russian military action in Ukraine. In response to the United States’ meetings following Putin’s demands, Navalny stated “instead of ignoring this nonsense, the U.S. accepts Putin’s agenda and runs to organize some kind of meetings. Just like a frightened schoolboy who’s been bullied by an upperclassman.”

Navalny’s imprisonment came as no surprise to him or the international community. As for the additional charges, Navalny claims Putin planned this to coincide with his potential invasion of the Ukraine. Hope does not remain high for Navalny in his pursuit of justice against these additional charges. Navalny has claimed that the hearing was purposely held in a remote area. Additionally, his lawyers were blocked from bringing their laptops to court which contained necessary legal documents.

Although whether or not Navalny will face another decade or more in Russian prisons is unknown, the outlook for his case seems grim given Putin’s continuous attempts to suppress the opposition. Navalny will have his next hearing in this case on Monday.

For further information, please see:

NYT – Navalny Appears in Penal Camp Court to Face More Charges – 15 Feb. 2022

Time – Alexei Navalny Urges Biden to Stand Up to Putin – 19 Jan. 2022

Remembering Willowbrook during the COVID-19 Pandemic

By: Grace Terry

Journal of Global Rights and Organizations, Associate Articles Editor

NEW YORK, United States — As the COVID-19 Pandemic continues, the New York State Office for People with Developmental Disabilities (OPWDD) continues to face a worsening staffing crisis. In the final months of 2021, in the Central NY region alone, the state temporally suspended nine group homes. OPWDD has stated that the “temporary consolidation of group home is to maintain quality care and workplace conditions”. The low wages of the direct support staff (DSPs) at these facilities are at the heart of the crisis and legislators recognize this ongoing problem has only been exacerbated by the pandemic.

The Willbrook building as it stands today in Staten Island, New York. Photo courtesy of Untapped New York.

“The current staffing crisis recalls an earlier incident that happened in New York State that made its way in federal court.”In 1972, a television reporter aired graphic footage from inside the Willowbrook State School, an institution designed to house children with intellectual disabilities. At its highest population, the institution housed 6,200 individuals in a building designed for 4,000 residents while drastically understaffed. This led to two class-action lawsuits, and the family members of the affected individuals sought injunctive relief to improve conditions, including hiring more staff.  The Eastern District Court of New York held that plaintiffs’ right to protection from harm in a state institution had been violated and granted this injunctive relief. This case set a precedent for the requirement of humane and ethical treatment of individuals who use these types of intuitions.

In NYS ARC, Inc v. Rockefeller (1973), it was noted that the number of ward attendants was incredibly low and that the lack of competitive salaries was a factor. In the facilities’ dayrooms, the staffing ratio was 1 staff member for every 15 residents. The 1964 American Association on Mental Deficiency (AAMD) standards required ratio of 1:5 for the first shift, 1:7 for the second shift, and 1:15 for the third shift at this facility. This serious understaffing caused hazardous conditions for the “health, safety, and sanity” of the residents. This included over 1,300 reports of injury, fights, patient assaults, and abuse.

The Court in NY ARC found a right to protection from harm through criminal law. When individuals are confined under criminal law, a tolerable living environment is guaranteed by law. The Court went further and held that OPWDD facility conditions are held to a higher standard, as residents in these facilities are not being constitutionally punished. The Court did not give an exhaustive list of rights, but it did note there is support for relief for violating that standard.

The appalling examples of mistreatment in the Willowbrook institutional facility led to the residents being placed in group homes, less restrictive, community-based facilities. The Court declared the department’s new goal should be to “ready each resident…for life in the community at large.” OPWDD and its provider agencies have since recognized that smaller group home designs are more effective and have transitioned from primarily using large institutions to group homes. These facilities have small staff to resident ratios, and a maximum capacity of 14 unrelated individuals per facility.

As of December 2021, OPWDD has stated that 57 group homes have been closed. The closures require group homes to be consolidated, increasing resident numbers without increasing staffing. As the Court stated in NYS ARC, appropriate staffing levels in required to ensure protection from harm. We need immediate action on behalf of our elected officials to rectify the staffing crisis and guarantee individuals utilizing State services are protected from harm.

For further information, please see:

CNY Central – “A workforce shortage of crisis proportions” impacting loved ones at New York group homes – 6 Dec. 2021

Disability Justice – The Closing of Willowbrook

Lohud. – Amid staffing crisis, pleas for Hochul to help New Yorkers with developmental disabilities – 5 Jan. 2022

The New York Times – Beatings, Burns and Betrayal: The Willowbrook Scandal’s Legacy – 21 Feb. 2020

The New York Times – 2 Suits Call for Eventual Phase Out of Willowbrook – 18 Mar. 1972

News 10 NBC – News10NBC Investigates: NYS group homes temporarily close as OPWDD tries to fill 537 job vacancies – 30 Nov. 2021

News 10 ABC – Officials talk staffing crisis closing group homes statewide – 22 Dec. 2021

Timeline –Willowbrook, the institution that shocked a nation into changing its laws – 15 Jun. 2017

United States District Court, E. D. New York – New York St. Ass’n for Retard. Child., Inc. v. Rockefeller – 10 Apr. 1973

Georgian State Failed to Properly Protect LGBT Demonstrators

By: George Rose

Journal of Global Rights and Organizations, Associate Articles Editor

STRASBOURG, France — On May 17, 2013, members of the LGBT community in Georgia planned and obtained permits to hold a vigil on the steps of parliament on International Day Against Homophobia. Many former Soviet countries still have laws outlawing homosexuality, with Georgia legalizing same sex marriage in 2015. While the LGBT community was planning their vigil, members of the Orthodox Church began planning a counter demonstration, citing this as a spread of “homosexual propaganda”.

The demonstration when violence broke out.
Photo curtesy of the New York Times.

While a peaceful counterdemonstration may not have been a problem, peace was not the outcome at the demonstration. Once the members of the Orthodox Church’s counterdemonstration arrived, they quickly overrode the police barriers erected around the parliament building. The Orthodox protesters became violent, videos show priests brandishing various weapons, going as far as using stools from bars and shops, shouting “kill them”. One LGBT demonstrator remarked that she had been assaulted by members of the Orthodox Church, she recalled seeing blood on the ground and was unsure if it was hers or not. After the violence broke out, the police loaded the LGBT demonstrators onto a minibus, however, the members from the Orthodox church smashed through the windows to attack those on board. In the aftermath of the attack, eight members of the LGBT demonstration were hospitalized, as well as three police officers. Following the attack on the LGBT demonstrators, Georgia’s Prime Minister, Bidzina Ivanishvili vowed that those who promoted the violence would be punished. However, the LGBT rights groups are still waiting for proof that the government has held those who promoted violence, accountable.

In a case brought against Georgia in the European Court of Human Rights, the court ruled that Georgia had been complacent by failing to properly protect the LGBT groups. The court reasoned that the use of police officers who were unarmed, thus protecting the demonstrators with a thin line of police officers, was not adequate protection. Further, the court found that in video footage, several officers allowed the violent members of the Orthodox Church within reaching distance of the LGBT demonstrators.

The court ordered Georgia to pay €193,500 to the applicants, with €10,000 reserved to an applicant who had suffered a concussion, and €6,000 for an applicant who had been humiliated by police officers.

For further information, please see:

The European Court of Human Rights – Press Release: Unprecedented Violence against LGBT Demonstrators

The New Yorker – What Was Behind Georgia’s Anti-Gay Rally? – 23 May 2013

The New York Times – Crowd Led by Priests Attacks Gay Rights Marchers in Georgia – 17 May 2013

NPR – Anti-Gay Riot in Tblisi Tests Balance Between Church, State – 30 Jul. 2013

Civilians Killed by Security Forces After Thousands Protest Military Rule in Sudan

By: Amanda Drantch

Journal of Global Rights and Organizations, Associate Articles Editor

KHARTOUM, Sudan — In 2019 Sudan’s longtime dictator, Omar Hassan al-Bashir, was ousted in hopes of establishing a democratic government. During his forceful control over Sudan, the International Criminal Court issued an arrest warrant accusing al-Bashir of crimes against humanity, war crimes, and genocide that he and other officials committed against those living in the Darfur region. Currently, al-Bashir is still at large and has yet to be properly prosecuted for his atrocities against the Sudanese.

Civilians protesting military rule on the streets of Sudan. Photo courtesy of the New York Times.

Following the overthrow of al-Bashir, then Prime Minister Abdalla Hamdok, took control over the transitional democratic government. However, in October of 2021, the Sudanese military forcibly seized control over Sudan, and dissolved the democratic transitional government within hours. Shortly after seizing control, the military ousted and arrested Prime Minister Hamdok. However, after a contentious deal with the military, Prime Minister Hamdok was then reinstated about a month later.

Civilians quickly took to the streets and protested not only the coup that originally overthrew Hamdok, but also the contentious deal with the military that culminated in his return to power. Oppositional political groups and civilians violently rejected Hamdok’s agreement with the military for his reinstatement.

On January 2, 2022 Prime Minister Hamdok gave a televised speech announcing his resignation, and cited his failed mediation attempts between the military and the pro-democracy movement in Sudan. Even prior to his resignation violent clashes between civilians, and the Sudanese security forces left more than sixty dead.

The civilian led protests only increased after Hamdok’s resignation, with thousands protesting daily against the possibility of another autocratic government. On Janurary 17, 2022 demonstrators and anti-coup protestors marched in Khartoum shouting slogans like “No, no to military rule”. Sudanese security forces fired tear gas and opened fire on the protestors, leaving three dead. This increased the death toll to sixty-seven since the demonstrations began.

 Many of the pro-democracy protestors are young people who are engaging in these daily demonstrations and demanding that the military hand over their power to the civilians to lead the country to democracy. Military leaders consistently reject the protestor’s demands and insist that power will be handed over only to an elected government.

For now, elections are scheduled to take place in July 2023, but uncertainty and violence still remains in Sudan.

For further information please see:

Al-Jazeera – Tear Gas Fired at Sudan Protests as Thousands Rally Against Army – 04 Jan. 2022

New York Times – Sudan’s Prime Minister, Abdalla Hamdok, Resigns – 02 Jan. 2022

Reuters – Security Forces Fire Tear Gas as Thousands of Protestors March Again in Sudan – 17 Jan. 2022

The Philadelphia Inquirer – Sudanese Forces Open Fire on Anti-Coup Protests, Killing 3 – 17. Jan. 2022