Maryland on May 2, 2013, became the sixth US state in six years to abolish the death penalty, continuing a trend to end this inherently cruel punishment in the United States. Maryland’s governor should commute the sentences of the five men who remain on the state’s death row.
Gov. Martin O’Malley on May 2 signed a bill abolishing the state’s death penalty and replacing it with the sentence of life in prison without the possibility of parole. However, the law does not directly affect the five inmates in the state awaiting execution. O’Malley has said he will determine on a case-by-case basis whether to commute their sentences.
“By repealing the death penalty, Maryland joins a growing group of states in rejecting a cruel and inherently unjust practice,” said Alba Morales, US criminal justice researcher at Human Rights Watch. “Governor O’Malley should build on his tremendous leadership on this issue by commuting the death sentences of the five men still on death row.”
Maryland’s repeal of the death penalty is just the latest sign of growing momentum against capital punishment in the United States. With the addition of Maryland, 18 states and the District of Columbia have rejected the death penalty. Legislatures in several other states are considering bills to repeal capital punishment. Parallel with these developments, the number of executions in the United States has declined in recent years – with a total of 43 executions nationwide in 2011 and again in 2012, compared with 85 in 2000.
Human Rights Watch [and this blogger] strongly opposes the death penalty in all circumstances as an inherently irreversible and inhumane punishment. Furthermore, the death penalty is inevitably plagued with arbitrariness, racial disparities, and error. In the US, 142 people have been released from death row since 1973 after presenting evidence of their innocence. Kirk Bloodworth, the first person in the United States to be released from death row by DNA evidence, was at the May 2 signing ceremony.
In Maryland, as in many US states, application of the death penalty has been marred by significant racial disparities –four of the five men on Maryland’s death row are African-Americans whose victims were white – and wide discrepancies between jurisdictions. People were far more likely to be sentenced to death, for example, if they committed their crimes in Baltimore County as opposed to the neighboring city of Baltimore.
Since the repeal bill makes no provision for the five men on death row, they could still be executed after exhausting all their appeals. Under the Maryland constitution, the governor has the power to commute sentences. O’Malley should ensure that the death penalty is never again used in Maryland by immediately commuting the sentences of all five death row inmates, Human Rights Watch said.
The new law’s failure to make the repeal of the death penalty retroactive is contrary to the International Covenant on Civil and Political Rights, to which the US is a party. All state governments are bound to abide by its provisions. The covenant states that if a law reduces a criminal penalty, that law should be retroactive. The US included a reservation when it ratified the treaty in 1992 that it would not adhere to this provision, stating that, “US law generally applies to an offender the penalty in force at the time the offense was committed.”
“Maryland did the right thing by ending government-sanctioned killing,” Morales said. “The 32 states that still allow the death penalty should follow Maryland’s lead and end this inhumane practice.”
By a vote of 8-1, the Supreme Court of Mississippi this afternoon halted the scheduled execution of Willie Manning just hours before the convicted murderer was to be put to death by lethal injection at the Parchman prison in Sunflower. In their brief order, which you can read for yourself here, the justices did not give any reason for blocking the execution, and it is unclear at this time exactly how the case will proceed from here.
Manning, who is black, was convicted in 1994 for the murder of two white university students in 1992. He has maintained his innocence ever since, amid troublesome (and growing) questions about the accuracy and reliability of the evidence on which his conviction and death sentence are based. Manning’s long-ago trial was marked by racial bias in jury selection, for example, and a jailhouse informant, who incriminated Manning in 1994, has since sought to recant his trial testimony.
But the Mississippi court’s order Tuesday is likely based upon the scientific evidence that was and was not introduced at trial. Manning’s attorneys have long argued that state officials should test DNA and fingerprint evidence from the crime scene — evidence that has never been tested and that would either incriminate Manning definitively or perhaps identify someone else who may have committed the crimes. The state has consistently refused to undertake this testing even though the FBI has offered to do it, and Mississippi has a remarkable recent record of exonerating criminal defendants in such a fashion.
As a matter of law, the absence of this testing from a shaky case like this was likely enough to warrant a stay of Manning’s execution. But the state’s refusal to test its DNA evidence was made even more pronounced over the past few days by the intervention of federal officials. Since May 2, the Justice Department has sent three letters to the attorneys in the case announcing that the feds now are backing away from the “ballistics” and “hair fiber” testimony their so-called “expert” testified about at Manning’s trial. State prosecutors heavily relied on that now-discredited evidence at trial — as have state court judges ever since — as proof that Manning’s conviction was secure enough to warrant his execution.
The state came within four hours of executing Manning despite the conceded inaccuracy and unreliability of the scientific evidence against him, despite the willingness of a jailhouse informant to recant, despite racial bias in jury selection. It came within hours of executing the man, even though the scientific evidence that could exonerate him was never tested. No matter what happens now — and don’t forget Manning is still a long way from being out of trouble — it is a credit to the eight Mississippi justices who voted for the stay that they were willing to change their minds about this case. Last month, by a vote of 5-4, this same court refused to require the DNA testing.
People dress in orange jumpsuits and black hoods as activists demand the closing of the U.S. military’s detention facility in Guantánamo during a protest, part of the Nationwide for Guantánamo Day of Action, on April 11 in New York’s Times Square. (Photo: Stan Honda/AFP/Getty)
One man here weighs just 77 pounds. Another, 98. Last thing I knew, I weighed 132, but that was a month ago.
I’ve been on a hunger strike since Feb. 10 and have lost well over 30 pounds. I will not eat until they restore my dignity. I’ve been detained at Guantánamo for 11 years and three months. I have never been charged with any crime. I have never received a trial.
I could have been home years ago — no one seriously thinks I am a threat — but still I am here. Years ago the military said I was a “guard” for Osama bin Laden, but this was nonsense, like something out of the American movies I used to watch. They don’t even seem to believe it anymore. But they don’t seem to care how long I sit here, either.
When I was at home in Yemen, in 2000, a childhood friend told me that in Afghanistan I could do better than the $50 a month I earned in a factory, and support my family. I’d never really traveled, and knew nothing about Afghanistan, but I gave it a try.
I was wrong to trust him. There was no work. I wanted to leave, but had no money to fly home. After the American invasion in 2001, I fled to Pakistan like everyone else. The Pakistanis arrested me when I asked to see someone from the Yemeni Embassy. I was then sent to Kandahar, and put on the first plane to Gitmo.
Last month, on March 15, I was sick in the prison hospital and refused to be fed. A team from the E.R.F. (Extreme Reaction Force), a squad of eight military police officers in riot gear, burst in. They tied my hands and feet to the bed. They forcibly inserted an IV into my hand. I spent 26 hours in this state, tied to the bed. During this time I was not permitted to go to the toilet. They inserted a catheter, which was painful, degrading and unnecessary. I was not even permitted to pray.
I will never forget the first time they passed the feeding tube up my nose. I can’t describe how painful it is to be force-fed this way. As it was thrust in, it made me feel like throwing up. I wanted to vomit, but I couldn’t. There was agony in my chest, throat and stomach. I had never experienced such pain before. I would not wish this cruel punishment upon anyone.
I am still being force-fed. Two times a day they tie me to a chair in my cell. My arms, legs and head are strapped down. I never know when they will come. Sometimes they come during the night, as late as 11 p.m., when I’m sleeping.
There are so many of us on hunger strike now that there aren’t enough qualified medical staff members to carry out the force-feedings; nothing is happening at regular intervals. They are feeding people around the clock just to keep up. During one force-feeding the nurse pushed the tube about 18 inches into my stomach, hurting me more than usual, because she was doing things so hastily. I called the interpreter to ask the doctor if the procedure was being done correctly or not.
It was so painful that I begged them to stop feeding me. The nurse refused to stop feeding me. As they were finishing, some of the “food” spilled on my clothes. I asked them to change my clothes, but the guard refused to allow me to hold on to this last shred of my dignity.
When they come to force me into the chair, if I refuse to be tied up, they call the E.R.F. team. So I have a choice. Either I can exercise my right to protest my detention, and be beaten up, or I can submit to painful force-feeding.
The only reason I am still here is that President Obama refuses to send any detainees back to Yemen. This makes no sense. I am a human being, not a passport, and I deserve to be treated like one.
I do not want to die here, but until President Obama and Yemen’s president do something, that is what I risk every day. Where is my government? I will submit to any “security measures” they want in order to go home, even though they are totally unnecessary. I will agree to whatever it takes in order to be free. I am now 35. All I want is to see my family again and to start a family of my own.
The situation is desperate now. All of the detainees here are suffering deeply. At least 40 people here are on a hunger strike. People are fainting with exhaustion every day. I have vomited blood. And there is no end in sight to our imprisonment. Denying ourselves food and risking death every day is the choice we have made.
I just hope that because of the pain we are suffering, the eyes of the world will once again look to Guantánamo before it is too late.
Samir Naji al Hasan Moqbel
Samir Naji al Hasan Moqbel is a 35-year-old citizen of Yemen. As of April 30, 2013, he has been held at Guantánamo for 11 years three months. Moqbel told this story, through an Arabic interpreter, to his lawyers at the legal charity Reprieve in an unclassified telephone call.
What started out as a case about whether corporations could be held accountable in U.S. courts for human rights abuses against foreigners abroad turned into a case about whether anyone can be held accountable. And on Wednesday, the U.S. Supreme Court held that the answer is, mostly, no.
In a sweeping holding, Chief Justice John Roberts led a splintered court in ruling that several Nigerians alleging an oil company aided an abetted torture, arbitrary killings, and indefinite detention could not sue, because the corporate conduct occurred outside the United States. Roberts reasoned that what is known as the “presumption against extraterritoriality” applies to a 200-year-old statute that authorizes civil lawsuits by “aliens” for “violations of the law of nations,” meaning courts should err against enforcing a law intended to punish egregious foreign conduct in the frequent instances when that conduct takes place in a foreign country.
“[T]here is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms,” Justice Roberts wrote for the majority inKiobel v. Royal Dutch Petroleum.
Roberts’ conclusion is rebutted by the very conduct the Alien Tort Statute was designed to prevent. Piracy was one of the primary torts targeted by Congress at the time of ATS’ passage – conduct that inherently takes place on the high seas. Justice Stephen Breyer explains in a four-justice concurring opinion that would decide the case on significantly narrower grounds:
As I have indicated, we should treat this Nation’s interest in not becoming a safe harbor for violators of the most fundamental international norms as an important jurisdiction related interest justifying application of the ATS in light of the statute’s basic purposes—in particular that of compensating those who have suffered harm at the hands of, e.g., torturers or other modern pirates. Nothing in the statute or its history suggests that our courts should turn a blind eye to the plight of victims in that “handful of heinous actions.
Now, that handful of heinous actions will have to find remedy elsewhere. This decision not only means that Nigerians cannot sue foreign corporations for their conduct abroad. On this particular point, the four-justice Breyer concurrence agreed that this case did not pass muster. Roberts’ sweeping pronouncement against extraterritoriality may also mean that foreign nationals subject to abuse, for example, at the hands of a U.S. corporation that houses its factories in places whose laws shield it from liability, or an American citizen who commits human rights violations abroad against foreigners, also could not be subject to suit in the United States.
In two recent federal appeals court decisions, lawsuits that challenged torture abroad by two foreign actors were allowed to proceed in U.S. courts because the defendants had lived or were living in the United States. As Justice Breyer points out, Congress is aware that the ATS is the basis for these sorts of lawsuits, and has not sought to amend the act in any way – likely because they recognize that the act was intended to target foreign conduct that is otherwise difficult to reach. But that did not stop the Roberts majority from inferring the narrowest possible congressional intent.
The scope of the opinion will not become clear until it is interpreted by courts. Extraterritoriality is a legal concept that asks not just whether conduct took place abroad, but also whether the claims “touch and concern the territory of the United States” such that a plaintiff can overcome the presumption against them. The only hint the court gives is that lawsuits against corporations will face a particularly heavy burden, noting, “Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices.”
What is clear is that the presumption is exceedingly difficult to overcome, and that both individuals and corporations have a high chance of skirting liability simply by doing their dirty work elsewhere.
My Two Cents: All the justices agreed the statute was inapplicable to the case at bar but for different reasons. In doing so, the SCOTUS served a major blow to human rights organizations that have used the statute, at least in recent times, to hold multinational corporations (MNCs) accountable for human rights violations committed against foreign nationals in their country of origin. Justice Roberts could have dismissed the case on a number of procedural grounds or simply deferred the case back to the lower court. Instead the majority used the case to redefine the ATS so narrowly as to render it useless. Why, I ask, was necessary to throw out the baby with the bath water? In my opinion, this case was not about policing the world or opening American courts to every frivolous claim of abuse on the planet. This case was about a MNC, with significant ties to the U.S., allegedly committing gross human rights on foreign soil against U.S. foreign nationals. MNCs are now free to set up shop in a foreign country, collude with host countries’ government for precious resources and land rights, pollute the soil and water, poison the air and have those who protest too much (or too loudly) summarily disappeared or executed w/o fear of being sued or held accountable in any meaningful way!
Silver lining: The SCOTUS left open the possibility that it might review other cases that are filed under the statute so long as the new elements and jurisdictional prerequisites are met.
I’m baaaccckkk! I have been extremely busy and thus haven’t had the time to post anything since New Year’s Day. Those of you who follow my blog regularly know that this happens from time to time. And when I am unable to blog for any extended period of time, I don’t just stop caring about human rights issues around the world. How could I? It’s what I do! Instead, I continue to read and save stories to post at a later date. Today’s that day.
The slideshow above highlights some of the human rights stories I would have blogged about but for my demanding schedule. These slides are in chronological order and cover news and events from January through March 2013. You may notice that some slides are not dated. These slides fall outside the date parameters but were included as recommended sources for additional information.
Click on the image above to initiate the slideshow hosted on Sliderocket. The show will run automatically or you can manually advance it. Click on the image under each title to be redirected to the appropriate site. To watch a video slide, pause the show and click the play button.
Today is the first day of the new year, 1 January 2013. Before embarking on the new year, I wanted to share a list compiled by Freedom House that reflects back on some of last year’s human rights developments. How did the world do following an eventful 2011?
Unfortunately, the bad seemed to outweigh the good this year, as many authoritarians held on to power and continued upheaval in the Middle East threatened to derail any democratic progress. Internal conflicts in a number of African countries boiled over, and the bulk of the former Soviet Union appeared to be moving in the wrong direction. Meanwhile, widely hailed political achievements in countries like Burma, Egypt and Georgia were complicated by negative twists.
Ongoing ethnic conflicts in Burma have undercut a recent democratic opening that was significant enough to allow the first visit by a U.S. president. Relatively free and competitive elections in Egypt have been overshadowed by continued unrest and authoritarian maneuvers by President Mohamed Morsi. In Georgia, what was considered a historic democratic transfer of power has been potentially jeopardized by what some regard as politically motivated prosecutions of former ruling party officials.
Though this list is far from exhaustive, the following were some of the best and worst human rights developments in 2012.
BEST
LGBTI Victories in the Western Hemisphere:
There were several important victories in the battle for LGBTI rights in 2012, particularly in the United States and Latin America. A U.S. president voiced public support for gay marriage for the first time, and three states — Washington, Maryland and Maine — passed laws allowing same-sex marriage, bringing the total number of states with such rules to nine. In addition, the first openly gay woman was elected to the U.S. Senate. In Argentina, where same-sex marriage has been legal since 2010, the Senate passed legislation that allows gender to be legally changed without medical or judicial approval, and includes sex-change surgery and hormone treatment in government health insurance plans. The same month, Chile passed an anti-discrimination law that penalizes all forms of discrimination. Although not specifically written to protect LGTBI rights, the measure was spurred by the brutal killing an openly gay man. Even Cuba has jumped on the bandwagon, electing its first transgender person to municipal office. Same-sex marriage is also legal in Canada and some parts of Mexico. Sadly, for all of the progress seen in this hemisphere, the situation for LGBTI people has actually worsened in much of Eurasia and Africa.
Passage of the Magnitsky Act:
Russia’s human rights decline made it an easy choice for this year’s “worst” list, but one development is worthy of celebration — the passage by the U.S. Congress of the Magnitsky Act. The legislation is named after Russian lawyer Sergei Magnitsky, who died in jail after exposing a multi-million dollar fraud by Russian officials. It will place visa bans and asset freezes on Russian officials involved in human rights abuses. The bill received overwhelming bipartisan support as part of a larger measure that normalizes trade relations with Russia and Moldova. President Obama signed the legislation on December 14 despite harsh objections from the Kremlin. This law could set a precedent for how the United States and other free societies address gross human rights violations around the world. The European Parliament has endorsed the adoption of similar legislation.
Conviction of Charles Taylor:
In April, former Liberian president Charles Taylor became the first former head of state to be convicted of war crimes since World War II. He was sentenced in May by a UN-backed special tribunal to 50 years in prison for his role in a decade-long civil war in Sierra Leone. He was specifically found guilty of aiding and abetting the “commission of serious crimes including rape, murder, and destruction of civilian property” by rebel forces in that country. Taylor stepped down as Liberian president in 2003 amid serious domestic challenges to his rule and international calls for his resignation. His departure ended 14 years of intermittent civil war that had killed some 200,000 Liberians. He sought asylum in Nigeria, but was eventually handed over to the special tribunal.
Survival of the Tunisian Revolution:
While the freely elected transitional authorities in Tunisia have been buffeted by public frustration with high unemployment and pressure from conservative Islamists, the country has not yet suffered the fate of many of its neighbors in the aftermath of the 2011 Arab Spring. Varying degrees of instability and repression persist in Libya, Egypt, Bahrain, Yemen and particularly Syria, but Tunisia has made slow if uneven gains in its democratic transition. The constitutional drafting process is creeping forward without the bitter conflicts seen in Egypt, and the ruling Ennahda party, which was at one time a radical Islamist faction, has largely followed through on its commitment to govern moderately and work peacefully with secular parties. As the country approaches the two-year anniversary of the revolution, however, economic struggles have led to anti-government protests, one of which left nearly 200 people wounded, and support for the ruling coalition has definitively waned. The constitution is two months overdue, and there have been some concerning violations of press freedom. Despite these challenges, Tunisia continues to provide a positive example to the wider region.
WORST
Civil War in Syria:
The civil war in Syria is the worst human rights and humanitarian catastrophe in the world today. The latest estimates put the death toll at 42,000, with no end in sight. According to the Committee to Protect Journalists, an alarming number of reporters — 28 — have been killed while covering the conflict in 2012. President Bashar al-Assad’s regime has been on the verge of collapse for months, with many of his top advisers defecting or fleeing the country, yet he has vowed to remain in Syria, dead or alive. It is not even clear that his removal alone would end the fighting. Meanwhile, attacks by government forces on civilians in rebel-held areas are unceasing, and there are now concerns that the military is arming missiles with chemical weapons. Some rebel groups in the fragmented opposition have resorted to kidnapping and retribution killings, raising serious questions about postwar governance. No amount of diplomacy or international pressure has succeeded in convincing Russia to stop providing arms to government forces, or China to back broad-based demands for al-Assad to step down. And there is simply no political will within the United States or the rest of NATO to hasten the end of the conflict through direct intervention.
Devastation in Congo:
Over the past century, the Democratic Republic of the Congo, one of the most resource-rich countries on the African continent, has been gutted by a combination of colonialism, corrupt and ineffective government, ethnic conflict and a succession of armed militias and rebel groups that have raped and pillaged their way through the countryside, often using conscripted child soldiers. As many as five million people have died since the late 1990s. The fraudulent 2011 reelection of feckless president Joseph Kabila was followed by the mutiny of hundreds of ethnic Tutsi soldiers, who then formed the March 23 (M23) rebel movement, widely believed to be funded by neighboring Rwanda. In November, M23 invaded and took control of Goma, a provincial capital with a population of 1 million, leading nearly 140,000 people to flee their homes. The international community has largely turned a blind eye to the country’s seemingly endless crisis, perhaps because there does not appear to be an easy solution. On a positive note, international pressure forced M23 to vacate Goma after just a few weeks, and the United States and Britain, which had long tolerated Rwanda’s denials that it was contributing to the unrest, cut military aid to the country as a result of overwhelming evidence to the contrary. But these steps on their own appear unlikely end the fighting.
Coup and Extremism in Mali:
As in Congo, the horrific human rights situation in Mali was not caused by any single event. Rather it was a cascade of disasters that included a military coup, a reinvigorated Tuareg separatist movement, an influx of hard-line Islamist militants and the combined effects of long-term drought, poverty and corruption. This perfect storm has created a humanitarian crisis that demands international action. Northern Mali is now controlled by militant groups that blend radical Islam with transnational crime. These militants have quickly introduced a crude imitation of Sharia, banning music, destroying historic sites deemed “un-Islamic,” and summarily punishing alleged crimes like alcohol use and adultery. There are widespread reports of rape and forced marriage, as well as the recruitment of child soldiers. According to the latest UN report, over 200,000 people are currently displaced. The international community, deeply concerned by these violations as well as the broader security threat posed by such a sizeable haven for terrorists, has pressured what remains of the Malian government to overcome its internal divisions and prepare for an international invasion to reclaim the rebel-held north.
Russia’s Precipitous Decline:
Since Vladimir Putin’s tightly controlled reelection as president in March, the political situation in Russia has become increasingly dismal, with some experts comparing it to the Soviet era. As part of an escalating clampdown on anti-corruption activists and political opponents, the government has enacted numerous pieces of legislation that will have a harmful impact on human rights and the functioning of civil society. Most disturbingly, one new law requires civil society organizations that receive foreign funds to register as “foreign agents” or face possible criminal charges. In a related development, USAID was forced by the Russian government to withdraw from the country. Expanded definitions of “treason” and “espionage” in the penal code have opened the door for authorities to round up government critics as well as citizens who consult with foreign firms or simply monitor human rights abuses. Other repressive measures have recriminalized libel, curbed Internet freedom, outlawed “homosexual propaganda,” and imposed additional restrictions on public gatherings. Independent voices, some within the government, who have tried to speak out against this wave of legislation have been expelled, arrested or otherwise muzzled.
Repression in Bahrain, Other Gulf States:
After an independent report commissioned by Bahrain’s King Hamad uncovered widespread human rights abuses committed during the violent suppression of a protest movement in February 2011, the government promised to implement the recommended reforms. That was a year ago. Not only has the regime failed to enact anything other than minor cosmetic changes, seemingly designed to mollify the international community, it has also continued on a path of repression. Impunity for the security forces and censorship persist, and dozens of human rights activists remain imprisoned, including 2012 Freedom Award winners Abdulhadi al-Khawaja and his daughter Zainab. In recent weeks, the government has stepped up the pressure, banning “unlicensed” demonstrations and stripping 31 opposition members of their citizenship. Journalists and human rights groups, including Freedom House, have been repeatedly denied entry to the country to report on these abuses. Sadly, Bahrain is not the only Gulf state in decline. Several neighboring governments have begun to make some alarming moves to silence their critics. Deportations, travel bans and unexplained detentions, as well as disturbing new legal restrictions freedom of expression, have been seen in the United Arab Emirates. A ban on “unlicensed” peaceful demonstrations was passed in Kuwait. And Oman has jailed dozens of people for making critical comments about the regime.
The Menace of Blasphemy Laws:
The online dissemination of an offensive film that mocked Islam and sparked violent anti-American riots and protests in more than two dozen countries served as a reminder of the pernicious nature of laws that prohibit blasphemy in many parts of the world. These laws, which ban insults to religions and religious figures, not only have a chilling effect on free expression but are often used to justify violence, repress religious minorities, and settle personal grudges rather than combat intolerance. According to a Freedom House special report, there is no evidence that restricting speech reduces religious intolerance. In fact, the evidence shows that prohibitions on blasphemy actually lead to a wide range of human rights abuses. This does not prevent some Islamic leaders from using global bodies like the United Nations to push for international norms that prohibit blasphemy. In 2011, after enormous advocacy efforts by human rights groups and a number of countries including the United States, Canada and much of Europe, the push for this kind of legislation was replaced by a more circumspect call for the promotion of religious tolerance and dialogue. Sadly, these moderating efforts were endangered this year by yet another flare-up of religious outrage.
Taranis, a 2010 the prototype of an unmanned combat aircraft of the future. Named after the Celtic god of thunder, the concept explored the possibility of autonomous combat vehicles (Photo: AP Photo/BAE Systems, Ministry of Defence, ho).
Governments should pre-emptively ban fully autonomous weapons because of the danger they pose to civilians in armed conflict, Human Rights Watch said in a report released on Nov. 19, 2012. These future weapons, sometimes called “killer robots,” would be able to choose and fire on targets without human intervention.
Human Rights Watch has a released a 50-page report, “Losing Humanity: The Case Against Killer Robots,” that outlines its concerns about these fully autonomous weapons, which would inherently lack human qualities that provide legal and non-legal checks on the killing of civilians. In addition, the obstacles to holding anyone accountable for harm caused by the weapons would weaken the law’s power to deter future violations.
“Giving machines the power to decide who lives and dies on the battlefield would take technology too far,” said Steve Goose, Arms Division director at Human Rights Watch. “Human control of robotic warfare is essential to minimizing civilian deaths and injuries.”
“Losing Humanity” is the first major publication about fully autonomous weapons by a nongovernmental organization and is based on extensive research into the law, technology, and ethics of these proposed weapons. It is jointly published by Human Rights Watch and the Harvard Law School International Human Rights Clinic.
Human Rights Watch and the International Human Rights Clinic called for an international treaty that would absolutely prohibit the development, production, and use of fully autonomous weapons. They also called on individual nations to pass laws and adopt policies as important measures to prevent development, production, and use of such weapons at the domestic level.
Fully autonomous weapons do not yet exist, and major powers, including the United States, have not made a decision to deploy them. But high-tech militaries are developing or have already deployed precursors that illustrate the push toward greater autonomy for machines on the battlefield. The United States is a leader in this technological development. Several other countries – including China, Germany, Israel, South Korea, Russia, and the United Kingdom – have also been involved. Many experts predict that full autonomy for weapons could be achieved in 20 to 30 years, and some think even sooner.
“It is essential to stop the development of killer robots before they show up in national arsenals,” Goose said. “As countries become more invested in this technology, it will become harder to persuade them to give it up.”
Fully autonomous weapons could not meet the requirements of international humanitarian law, Human Rights Watch and the Harvard clinic said. They would be unable to distinguish adequately between soldiers and civilians on the battlefield or apply the human judgment necessary to evaluate the proportionality of an attack – whether civilian harm outweighs military advantage.
These robots would also undermine non-legal checks on the killing of civilians. Fully autonomous weapons could not show human compassion for their victims, and autocrats could abuse them by directing them against their own people. While replacing human troops with machines could save military lives, it could also make going to war easier, which would shift the burden of armed conflict onto civilians.
Finally, the use of fully autonomous weapons would create an accountability gap. Trying to hold the commander, programmer, or manufacturer legally responsible for a robot’s actions presents significant challenges. The lack of accountability would undercut the ability to deter violations of international law and to provide victims meaningful retributive justice.
While most militaries maintain that for the immediate future humans will retain some oversight over the actions of weaponized robots, the effectiveness of that oversight is questionable, Human Rights Watch and the Harvard clinic said. Moreover, military statements have left the door open to full autonomy in the future.
“Action is needed now, before killer robots cross the line from science fiction to feasibility,” Goose said.
Israeli aircraft struck crowded areas in the Gaza Strip and killed a senior militant with a missile strike on a media center Monday, driving up the Palestinian death toll to 100, as Israel broadened its targets in the 6-day-old offensive.
Despite being the initial aggressor, the Israeli military insists its strikes target only militants — with surgical precision — and they say they’re hitting those targets. But reports coming out of the the Gaza Strip tell a completely different story. The Gaza is one of the most densely populated places on the planet, and civilian casualties are inevitably mounting.
Escalating its bombing campaign over the weekend, Israel began attacking homes of activists in Hamas, the Islamic militant group that rules Gaza. These attacks have led to a sharp spike in civilian casualties, killing 24 civilians in just under two days and doubling the number of civilians killed in the conflict, a Gaza health official said.
On Monday Israel dropped two bombs on the police headquarters, completely destroying the building. According to Israel, the police headquarters was a legitimate target; considered part of the Hamas security apparatus, and it was a surgical strike, but the Israeli missiles blew out all the windows of homes nearby. There’s a reason the Isreali military attacks at night. With such a ferocious explosion, anybody on the street would likely have been killed.
Israeli military sources said the IDF caused severe damage to dozens of targets Monday, including underground rocket launchers, a training facility, a police station and an ammunition storage facility. They said Israel also targeted and hit a vehicle used for carrying weapons as well as 50 smuggling tunnels.
Hamas fighters have fired hundreds of rockets into Israel in the current round of fighting, including 95 on Monday, among them one that hit an empty school. Schools in southern Israel have been closed since the start of the offensive Wednesday. Twenty-nine (29) rockets were intercepted by the Iron Dome anti-missile battery, police spokesman Micky Rosenfeld said. Rockets landed in open areas of Beersheva, Ashdod, Asheklon.
The rising toll came as Egyptian-led efforts to mediate a cease-fire between Israel and Hamas got into gear.
Egypt’s President Mohammed Morsi has said repeatedly that he’s hopeful a ceasefire agreement can be reached quickly, but a source close to the Hamas delegation in Cairo told CBS News correspondent Clarissa Ward on Monday morning that, thus far, the talks had hit a brick wall.
Ward says part of the reason for the impasse may be that Hamas is making some big demands in exchange for stopping its rocket attacks on Israel — it wants an end to Israel’s five year blockade of the Gaza Strip, which Israel is unlikely to budge on due to fears that it would lead to an influx of weapons to militants inside Gaza.
While Israel and Hamas were far apart in their demands, both sides said they were open to a diplomatic solution — and prepared for further escalation if that failed.
The leader of Hamas took a tough stance, rejecting Israel’s demands that the militant group stop its rocket fire. Instead, Khaled Mashaal said, Israel must meet Hamas’ demands for a lifting of the blockade of Gaza.
“We don’t accept Israeli conditions because it is the aggressor,” he told reporters in Egypt. “We want a cease-fire along with meeting our demands.”
An Israeli official said Israel hoped to find a diplomatic solution to the crisis as well and signaled Egypt was likely to play a key role in enforcing any truce.
“We prefer the diplomatic solution if it’s possible. If we see it’s not going to bear fruit, we can escalate,” he said, speaking on condition of anonymity because of the sensitive diplomatic efforts underway.
The official said Israel doesn’t want a “quick fix” that will result in renewed fighting months down the road. Instead, Israel wants “international guarantees” that Hamas will not rearm or use Egypt’s neighboring Sinai peninsula for militant activity.
A poll published in the Haaretz daily on Monday showed widespread support in Israel for the offensive. It said that 84 percent of the public supports the operation, with 12 percent opposed. At the same time, it said just 30 percent of the public supports a ground invasion of Gaza. The poll, conducted by the Dialog agency, surveyed 520 people and had a margin of error of 4.4 percentage points.
Overall, the offensive that began Wednesday killed 100 Palestinians, including 53 civilians, and wounded some 840 people, Gaza heath official Ashraf al-Kidra said. Among the wounded were 225 children, he said.
On the Israeli side, three civilians have died from Palestinian rocket fire and dozens have been wounded. The rocket-defense system has intercepted hundreds of rockets bound for populated areas.
In Monday’s violence, an Israeli air strike on a high-rise building in Gaza City killed Ramez Harb, a senior figure in Islamic Jihad’s military wing, the Al Quds Brigades, the group said in a text message to reporters. A number of foreign and local news organizations have offices in the building, which was also struck on Sunday. A passer-by was also killed, medics said.
Thick black smoke rose from the building. Paramedics said several people were wounded.
Islamic Jihad, a smaller sister group to Hamas, said it believed Harb was the target of the strike.
Israel has killed dozens of wanted militants in surgical strikes throughout the operation, the result, officials say, of intelligence gathered from its collection of high-flying drones overhead and a network of informants.
Before dawn Monday, a missile struck a three-story home in the Gaza City’s Zeitoun area, flattening the building and badly damaging several nearby homes. Shell-shocked residents searching for belongings climbed over debris of twisted metal and cement blocks in the street.
Egypt is trying to broker a cease-fire with the help of Turkey and Qatar. Turkish Foreign Minister Ahmet Davutoglu and a delegation of Arab foreign ministers were expected in Gaza on Tuesday.
A senior Egyptian official told The Associated Press that Hamas and Israel were each presenting Egypt with their conditions for a cease-fire.
“I hope that by the end of the day we will receive a final signal of what can be achieved,” said the official, who is familiar with the indirect negotiations. He said Israel and Hamas are both looking for guarantees to ensure a long-term stop to hostilities. The official says Egypt’s aim is to stop the fighting and “find a direct way to lift the siege of Gaza.”
The official spoke on condition of anonymity because of the sensitivity of the indirect negotiations.
The rising toll was likely to intensify pressure on Israel to end the fighting. Hundreds of civilian casualties in an Israeli offensive in Gaza four years ago led to fierce international condemnation of Israel.
But Mashaal said Gazans were prepared to keep fighting.
“Gaza’s demand is not a halt to war. Its demand is for its legitimate rights,” including a stop to Israeli attacks, assassinations and a lifting of the blockade, Mashaal said.
*The author of this blog made few minor, but necessary, changes to the article to reflect the most recent data available. She also removed language that was factually dubious or words that suggest a western media bias towards its allies.
Bahrain’s court of appeal should overturn a lower court conviction for illegal assembly against the human rights activist Nabeel Rajab and cancel his three-year prison term, according to a recent Human Rights Watch press release. Because the authorities have presented no evidence that he advocated or participated in violence, his conviction is a violation of his right to freedom of peaceful assembly, Human Rights Watch said. The court was scheduled to hear Rajab’s appeal on October 16, 2012, but the appellate court postponed the hearing and denied a petition filed by Rajab’s lawyer challenging the legality of the laws prohibiting demonstrations. A new hearing has been scheduled for December 11, 2012.
A criminal court sentenced Rajab on August 16 to three years in prison for organizing and participating in three demonstrations between January and March 2012. Rajab is president of the Bahrain Center for Human Rights and a member of the advisory committee of the Human Rights Watch Middle East and North Africa Division.“The criminal court verdict cites no evidence – not even an allegation– that Nabeel Rajab participated in or advocated violent protests,” said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. “He has the basic right to peaceful assembly and shouldn’t be sent to prison for that.”
The Public Prosecution Office charged Rajab under article 178 of the Penal Code, which prohibits unauthorized gatherings of five or more people in a public place with the “purpose of committing crimes” or “undermining public security, even if intended to achieve legitimate purpose.”
A public prosecution official told Bahraini media that that Rajab had incited violence. The government also posted videos of some protests on YouTube, claiming, “You will find…defendant Nabeel Rajab violating the law.” Those videos appear to confirm that the protests were peaceful and do not capture any incitement to violence by Rajab or otherwise support the allegation made by the public prosecutor.
No such evidence is cited in the court’s verdicts in the three cases. In the case numbered 07291204947, police testified that after they dispersed an “illegal demonstration” on January 12, some people threw stones and Molotov cocktails at “special forces” and blocked the road with metal containers. One officer testified that he saw Rajab leading a march of 10 to 15 people “chanting for the release of political detainees.” But the verdict cites no evidence suggesting that Rajab was involved in the violence that police alleged occurred or that he incited such acts.
In the case numbered 07201203460, according to the verdict, about 15 people including Rajab had organized in a march on an unspecified date in February and that the protesters, except Rajab and three others, dispersed when police ordered them to. Police then arrested Rajab and allegedly found messages on his mobile phone calling “for participation in unlicensed marches, including the march at which he was arrested.” The verdict contains no conclusion that any crime or public security disturbance had occurred and does not cite any evidence for reaching such a conclusion.
The verdict in the case numbered 07201205263 stated that Rajab had called for and participated in an unauthorized gathering of about 50 people on March 31. The court said the protesters did not respond to orders to disperse, but the verdict does not mention any public disturbance, violent activity, or incitement to violence by Rajab or anyone else.
Authorities have previously prosecuted Rajab on politically motivated charges. He was detained from May 5 to May 28 for Twitter remarks criticizing the Interior Ministry for failing to investigate attacks by what Rajab said were pro-government armed gangs against Shia residents. On June 28 a criminal court fined him 300 Bahraini Dinars (US$790) in that case. A court of appeal will review the verdict on November 27.
Authorities again detained Rajab on June 6 for another Twitter remark calling for the prime minister to step down. On July 9 a criminal court convicted and sentenced him to three months in prison. A court of appeal overturned that verdict on August 23, but Rajab remained in prison following the August 16 convictions.
Bahraini authorities have given permits for some opposition rallies over the past year, but a great number of applications for permits have been denied, Human Rights Watch said.
“It is hard to avoid concluding that Nabeel Rajab’s convictions and three-year sentence for illegal assembly represent politically motivated punishment for his insistence on exercising rights that are protected both by international treaties to which Bahrain is a party and Bahrain’s constitution,” Stork said. “The appeals court should vacate the convictions and free him immediately.”
Nevin Yildrim, 26, is accused of murder in the death of the man she claims raped and impregnated her.
A woman in Turkey is awaiting trial after beheading a man who she says raped her repeatedly for months and is the father of her unborn child. Her lawyer says the woman killed the man to protect her honor.
Nevin Yildirim, a 26-year-old mother of two, lives in a small village in southwestern Turkey. She said the man, Nurettin Gider, began the attacks a few days after her husband left in January for a seasonal job in another town, according to a source close to the case.
Yildirim said Gider threatened her with a gun and said he would kill her children, ages 2 and 6, if she made any noise, according to the source. That was the first of repeated rapes over the next eight months, the source said.
At one point, Yildirim said, Gider sneaked into her house while she was asleep and took pictures of her, the source said. One of the pictures shows her pregnant body. Gider threatened to publish the pictures if she didn’t obey him, the source said.
In small villages like hers, honor is held above all else, and women carry the burden of honor for their families. Pictures like those would have been devastating for Yildirim and her family and could have posed a danger.
On August 28, at least five months pregnant by a man who she said continued to rape her, Yildirim said she decided she had had enough. Gider was climbing up the back wall of her house. “I knew he was going to rape me again,” she said at her preliminary hearing August 30.
She said she grabbed her father-in-law’s rifle that was hanging on the wall and she shot him. He tried to draw his gun and she fired again.
“I chased him,” she said. “He fell on the ground. He started cussing. I shot his sexual organ this time. He became quiet. I knew he was dead. I then cut his head off.”
Witnesses described Yildirim walking into the village square, carrying the man’s head by his hair, blood dripping on the ground.
“Don’t talk behind my back, don’t play with my honor,” Yildirim said to the men sitting in the coffee house on the square. “Here is the head of the man who played with my honor.”
She threw Gider’s head to the ground, the witnesses said. Video from Turkish broadcaster DHA, which arrived on the scene before the authorities, showed Gider’s head on the ground.
Witnesses called authorities and Yildirim was arrested.
Gider was 35 and the father of two children, 15 and 9. He was married to an aunt of Yildirim’s husband.
Yildirim told her legal representative she regrets what happened, the source said.
“I thought of reporting him to military police and to the district attorney, but this was going to mark me as a scorned woman,” Yildirim said, according to the source. “Since I was going to get a bad reputation I decided to clean my honor and acted on killing him. I thought of suicide a lot but couldn’t do it.”
Yildirim said she was worried people would judge her children because of what happened, the source said.
“Now no one can call my children bastards,” she said, according to the source. “I cleaned my honor. Everyone will call them the children of the woman who cleaned her honor.”
The source said Yildirim went to a health clinic a while ago seeking an abortion, but health workers told her she was 14 weeks pregnant and abortion was not an option.
In Turkey, abortion is allowed during the first 10 weeks of pregnancy, after which it is permitted only to save the life or health of the mother or in cases of fetal impairment, Human Rights Watch said.
At her hearing, Yildirim said she doesn’t want to keep the baby and that she is ready to die, the source said. The public prosecutor’s office has ordered a medical examination to decide whether Yildirim may have an abortion and to assess her mental stability, the source said.
Yildirim’s father, Zekeriya Yildiz, told DHA his daughter did not report the alleged abuse to anyone in the family.
“If she would have told us, we would have taken other precautions,” he said.
Yildirim is in the local jail while she awaits trial.
In a report last year, Human Rights Watch decried gaps in Turkish law that it said leave women and girls unprotected from domestic abuse. Some 42% of women older than 15 in Turkey and 47% of rural women have experienced physical or sexual violence at the hands of a husband or partner at some point in their lives, the group said.
“She has lived through a terrible trauma. She must be charged with self-defense,” said Gursel Oztunali Kayir, a sociologist at Akdeniz University and a member of Antalya Women Support Organization.
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Samir Naji al Hasan Moqbel
Since Vladimir Putin’s tightly controlled reelection as president in March, the political situation in Russia has become increasingly dismal, with some experts comparing it to the Soviet era. As part of an escalating clampdown on anti-corruption activists and political opponents, the government has enacted numerous pieces of legislation that will have a harmful impact on human rights and the functioning of civil society. Most disturbingly, one new law requires civil society organizations that receive foreign funds to 
After an 
