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June 29, 2016
Last week, the U.S. Supreme Court declined to hear a major corporate accountability case, Ntsebeza, et al., v. Ford Motor Co., et al., that represented the last opportunity for South Africans to achieve justice in U.S. courts for apartheid-era crimes. The U.S. corporations – Ford and IBM – were alleged to have purposefully facilitated violations of international law by enabling the denationalization and violent suppression, including extrajudicial killings, of black South Africans living under the apartheid regime. What began fourteen years ago as litigation against dozens of multinational corporations has effectively ended without ever even entering discovery.
We are deeply disappointed for our clients and the communities who suffered as a direct result of corporate complicity in violence and oppression. We are also extremely concerned about the reluctance of U.S. courts to take on powerful corporate actors that have involved themselves in human rights abuses abroad. Continue Reading…
June 20, 2016
Posted by Bonnie Docherty
This piece originally appeared in The Conversation on June 16, 2016
New technology could lead humans to relinquish control over decisions to use lethal force. As artificial intelligence advances, the possibility that machines could independently select and fire on targets is fast approaching. Fully autonomous weapons, also known as “killer robots,” are quickly moving from the realm of science fiction toward reality
These weapons, which could operate on land, in the air or at sea, threaten to revolutionize armed conflict and law enforcement in alarming ways. Proponents say these killer robots are necessary because modern combat moves so quickly, and because having robots do the fighting would keep soldiers and police officers out of harm’s way. But the threats to humanity would outweigh any military or law enforcement benefits.
Removing humans from the targeting decision would create a dangerous world. Machines would make life-and-death determinations outside of human control. The risk of disproportionate harm or erroneous targeting of civilians would increase. No person could be held responsible.Continue Reading…
June 17, 2016
Human Rights Case Against Former Bolivian President for Role in 2003 Massacre Cleared to Move Forward
Court of Appeals Rejects Defendants’ Attempt to Have Case Dismissed
Miami, FL –More than 12 years after government-planned massacres in Bolivia killed 58 unarmed civilians, the Eleventh Circuit Court of Appeals yesterday rejected an effort to scuttle a lawsuit against the former President of Bolivia and his Minister of Defense, both of whom are currently living in the United States. Instead, the appellate court sent the case back to the district court with a mandate to proceed to discovery.
In Mamani v. Sánchez de Lozada and Sánchez Berzain, the families of eight Bolivians killed in the massacres filed suit against the former Bolivian president, Gonzalo Sánchez de Lozada, and his former Bolivian defense minister, José Carlos Sánchez Berzaín, charging they ordered extrajudicial killings. The lawsuit alleges that, months in advance of the violence, the two defendants devised a plan to kill thousands of civilians, and that they intentionally used deadly force against political protests in an effort to quash political opposition. In addition to the deaths, more than 400 civilians were injured when security forces fired on unarmed civilians.
In today’s unanimous decision, the appeals court held that a federal statute, the Torture Victim Protection Act (TVPA), permits plaintiffs to sue in U.S. court for extrajudicial killing after they have exhausted the remedies available in their home country. The court rejected the defendants’ arguments that it should dismiss the case because the plaintiffs received some compensation and humanitarian assistance in Bolivia. The decision sets an important legal precedent because no federal appellate court had previously considered the defendants’ argument on exhaustion of remedies abroad.Continue Reading…
June 9, 2016
Today marks the grim five-year anniversary of the resumption of armed conflict in Myanmar’s Kachin State. This conflict, between the Myanmar military and the Kachin Independence Army, has displaced more than 100,000 civilians. Organizations at the local and international level have also documented severe human rights violations perpetrated by the Myanmar military, including extrajudicial killings, torture, rape and sexual violence and forced labor.
The International Human Rights Clinic today joins 129 other organizations in calling for peace, justice and accountability in Kachin State.
“Joint Statement: Five Years of War- A Call for Peace, Justice and Accountability in Kachin State”
(June 9, 2016)— Although much of the world has expressed excitement over Myanmar’s political transition, communities throughout Kachin and northern Shan states have been living with severe human rights abuses and displacement for the last five years.
Since 2011, renewed armed conflict between the Myanmar military and the Kachin Independence Army (KIA) has displaced more than 100,000 civilians. In the conduct of the war, the Myanmar military has perpetrated severe human rights violations. International and community-based organizations have documented extrajudicial killings, torture, forced labor, rape and sexual violence, arbitrary detention, attacks on civilians and non-military targets, and pillaging of property. These abuses have been perpetrated with near-complete impunity. Some of the abuses may amount to war crimes and crimes against humanity under international law.Continue Reading…
June 3, 2016
Posted by Tyler Giannini and Susan Farbstein
Last week, the International Human Rights Clinic and co-counsel filed our reply brief with the U.S. Supreme Court, responding to Ford and IBM’s opposition to the petition for a writ of certiorari in the in re South African Apartheid Litigation. The reply brief points out the clear circuit splits that require the Supreme Court’s attention, flatly rejecting Defendants’ claim to the contrary.Continue Reading…
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