Latest Developments, February 8

In the latest news and analysis…

Surprise endorsement
Wired reports that UN special rapporteur for human rights and counterterrorism Ben Emmerson, the man who recently launched an investigation into the use of armed drones, has given his “qualified backing” to John Brennan, the man who has been running the US drone program, for next head of the CIA:

“Emmerson, a British lawyer, has put the U.S. on notice that he won’t hesitate to investigate U.S. ‘war crimes’ if he uncovers evidence of them. While Emmerson’s inquiry won’t focus on individuals responsible for any uncovered abuses, Brennan, as a White House aide, presided over the bureaucratic process for ordering suspected terrorists killed. Yet at the White House, Emmerson says, Brennan ‘had the job of reining in the more extreme positions advanced by the CIA,’ which he thinks augurs well for Brennan’s CIA tenure.
‘By putting Brennan in direct control of the CIA’s policy [of targeted killings], the president has placed this mediating legal presence in direct control of the positions that the CIA will adopt and advance, so as to bring the CIA much more closely under direct presidential and democratic control,’ Emmerson says. ‘It’s right to view this as a recognition of the repository of trust that Obama places in Brennan to put him in control of the organization that poses the greatest threat to international legal consensus and recognition of the lawfulness of the drone program.’ ”

Due process
Georgetown University’s David Cole wonders if there are any “alternative checks within the executive branch” during US decision making on targeted killings:

“For example, is anyone assigned to make the case against the targeted killing—that is, to advocate on behalf of the person the administration is considering executing? The CIA uses ‘red teams’ to challenge and improve its analysis of potential operations; shouldn’t that be required before the executive kills a human being? Much information has been leaked about the process, but nothing has suggested that such a safeguard exists in the targeted killing program.”

Economic war
The Associated Press reports that Iran’s supreme leader has said that increasingly harsh economic sanctions make direct nuclear talks with the US impossible:

“ ‘You are holding a gun against Iran saying, “Talks or you’ll fire.” The Iranian nation will not be frightened by such threats,’ [Ayatollah Ali] Khamenei added in a reference to U.S. sanctions over Iran’s nuclear efforts.
The U.S. this week further tightened sanctions, which have already slashed Iran’s oil revenue by 45 percent. The new measures seek to cut deeper into Iran’s ability to get oil revenue. It calls on countries that buy Iranian crude — mostly Asian nations including China and India — not to transfer money directly to Iran and instead place it in local accounts.”

No exceptions
Publish What You Pay is celebrating the Dutch government’s decision not to support “dangerous exclusions” in proposed new EU requirements for extractive industry transparency:

“The upcoming legislation which is being introduced through the European Accounting and Transparency Directives builds upon a landmark provision in US law – section 1504 of the Dodd-Frank Act passed in 2010 – which requires all oil, gas, and mining companies listed on U.S. stock exchanges to publish their payments to all countries and for every project. The US rules implementing Dodd-Frank 1504 do not provide for any exemptions from reporting.
In deciding not to support exemptions, Dutch Minister of Economic Affairs Henk Kamp said in a letter to the Dutch Parliament that exemptions were ‘not desirable’ since the Dutch government wished to create ‘a level playing field for international transparency requirements’.
Anglo-Dutch oil giant Royal Dutch Shell and other oil companies have been fighting these laws both in the United States and European Union.”

Global precedent
Reuters reports on the opening of a special court in Senegal that will be the first in the world to hold a “trial of an ex-head of state by another country for rights abuses”:

“Prosecutors will work at a sea-front court in the Senegalese capital Dakar, investigating the alleged killing and torture of 40,000 people during [former Chadian President Hissene] Habre’s 1982-1990 rule.

Africa has a human rights court which sits in Arusha, Tanzania, but its status has only been ratified by 26 countries.
Former African heads of state have stood trial before, but only in their own countries or before international tribunals, never in the court of another country.”

Mining murders
Morning Star reports that a Colombian court has ordered prosecutors to investigate the president of a US mining company over the 2001 deaths of two union leaders:

“The company denies hiring militias and is fighting a lawsuit filed by survivors of the murdered men in an Alabama federal court that claims [Drummond Company] aided and abetted war crimes, including extra-judicial killings.

Lawyer for the plaintiffs Terry Collingsworth applauded judge [William] Castelblanco’s order that prosecutors investigate Drummond’s president, Garry Drummond, as well as a former mine security chief and two Colombians to determine whether they shared responsibility for the killings.
But he also said he wasn’t hopeful that the order would lead to a Colombian criminal prosecution.”

Gene treaty
Intellectual Property Watch reports that UN delegates have produced a text that could lead to “an international instrument or instruments protecting genetic resources against misappropriation”:

“The text, bearing a large number of brackets, shows that divergences still need to be bridged. The [Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)] meeting scheduled for July has three extra days planned for the end to discuss the three legs of the IGC: genetic resources, traditional knowledge and traditional cultural expressions. But this genetic resources text is not expected to be reopened then.

Canada, Japan, Norway, South Korea and the United States, resubmitted their joint recommendation on genetic resources and associated traditional knowledge, for a non-binding instrument without a disclosure requirement.”

Luxury ban
Voice of America reports that China has banned radio and TV ads for luxury goods on the grounds that they “publicized incorrect values and helped create a bad social ethos”:

“The move to ban certain ads comes as the lunar new year celebrations approach and is another in a line of efforts by Chinese authorities to root out corruption, something the Chinese Communist Party has publicly acknowledged as a life or death struggle.

In December, China forbade high-ranking Chinese military officials from attending banquets and other events where alcoholic beverages are served. They also set limitations on the use of welcome banners, red carpets, floral arrangements, live performances and souvenirs.”

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