Prominent human rights attorney quits international court over failure to prosecute Venezuela

Grossman said his ethical standards no longer allow him to stand by silently as Maduro’s government. (AP)
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Updated 13 December 2024
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Prominent human rights attorney quits international court over failure to prosecute Venezuela

  • Grossman said his ethical standards no longer allow him to stand by silently as Maduro’s government

MIAMI: A prominent human rights attorney has quietly parted ways with the International Criminal Court to protest what he sees as an unjustified failure of its chief prosecutor to indict members of Venezuelan President Nicolás Maduro ‘s government for crimes against humanity, The Associated Press has learned.
The Chilean-born Claudio Grossman, a former law school dean at American University in Washington and past president of the Inter-American Commission on Human Rights, was appointed special adviser to ICC Prosecutor Karim Khan in November 2021. In that unpaid position, he advised Khan on the deteriorating human rights situation in Venezuela.
In a harshly worded email last month to Khan, Grossman said his ethical standards no longer allow him to stand by silently as Maduro’s government continues to commit abuses, expel foreign diplomats and obstruct the work of human rights monitors from the United Nations — without any action from the ICC.
“I can no longer justify the choice not to take correspondingly serious action against the perpetrators of the grave violations,” Grossman wrote in an email rejecting an offer by Khan’s office in September to renew his contract.
A copy of the email, which has not been made public, was provided to the AP by someone familiar with the ICC investigation into Venezuela. A phone call by Khan asking Grossman to reconsider also failed, according to the person on the condition of anonymity to discuss the politically sensitive investigation.
Following AP’s inquiries with Khan’s office, Grossman’s name was removed from the court’s website listing him as a special adviser.
“The Prosecutor is extremely grateful to Professor Grossman for the expertise and work he has rendered,” the prosecutor’s office said in a statement without addressing Grossman’s stated reasons for cutting ties with the court based in The Hague, Netherlands. Grossman declined to comment.
The pressure on Khan to indict Venezuelan officials, including Maduro himself, comes as he battles allegations of misconduct with a female aide and the threat of US sanctions over his decision to seek the arrest of Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza.
The Rome Statute that established the court took effect in 2002, with a mandate to prosecute war crimes, crimes against humanity and genocide — but only when domestic courts fail to initiate their own investigations.
Calls for faster progress in the court’s only ever investigation in Latin America have grown louder as Maduro tightens his grip on power, preparing to be sworn in for a third term Jan. 10 following an election marred by serious allegations of ballot box fraud and a post-election crackdown. More than 2,000 people were arrested and 20 killed following the vote.
The US and even some fellow leftist leaders in Latin America have demanded authorities present voting records, as they have in the past, to refute tally sheets presented by Maduro’s opponents showing their candidate, Edmundo González, prevailed by a two-to-one margin.
Many in Venezuela’s opposition have complained that the ICC is applying a double standard, moving aggressively to seek the arrest of Netanyahu and Russia’s Vladimir Putin for atrocities in Gaza and Ukraine while showing undue leniency with Venezuelan officials Khan has been investigating for more than three years.
“There is no justification whatsoever for the inaction,” González and opposition leader María Corina Machado wrote in a recent letter to Grossman and 18 other special advisers to the court appealing for their help.
“What is at stake is the life and well-being of Venezuelans,” they added in the letter, which was also provided to the AP by the person familiar with the ICC investigation. “This unjustifiable delay will cast legitimate doubts about the integrity of a system of accountability that has been an aspiration for the whole world.”
At the request of several Latin American governments, Khan three years ago opened an investigation into Venezuelan security forces’ jailing, torture and killing of anti-government demonstrators. At the same time, he promised technical assistance to give local authorities an opportunity to take action before the ICC, a tribunal of last resort.
Earlier this month, Khan delivered some of his harshest comments to date about the human rights situation in Venezuela, warning that officials’ repeated promises to investigate alleged abuses “cannot be a never-ending story.”
“I have not seen the concrete implementation of laws and practices in Venezuela that I hoped for,” he said in a speech at ICC headquarters. “The ball is in Venezuela’s court. The track of complementarity is running out of road.”
Maduro’s government, in response, said in a statement that it “deeply regrets that the prosecutor is being led astray by campaigns that have emerged on social networks promoted by the extreme right, Zionism and Western powers seeking to apply legal colonialism against Venezuela.”
Some Venezuelan critics have linked what they view as foot-dragging to a potential conflict of interest involving Khan’s sister-in-law, international criminal lawyer Venkateswari Alagendra, who has appeared on behalf of the Venezuelan government in two hearings before the court.
An ICC code of conduct directs prosecutors to abstain from any conflicts that may arise from “personal interest in the case, including a spousal, parental or other close family, personal or professional relationship with any of the parties.” Alagendra has previously worked with Khan and his wife defending Seif Al-Islam Qaddafi, the son of the Libyan dictator, at the ICC.
Khan’s office declined to comment about the relationship. But in a filing this month seeking dismissal of a request for recusal filed by the Washington-based Arcadia Foundation, he said a sister-in-law is not a close enough personal relationship requiring automatic disqualification and that he doesn’t recall ever discussing the Venezuela probe with Alagendra, who is just one of several attorneys defending the South American government.
“No fair minded and informed observer would conclude that there is a real possibility of bias,” Khan wrote, adding that he continues to actively and independently investigate the situation in Venezuela.
Those claiming to be victims of the Maduro government have pushed for the court to wrap up its investigation without taking a position on whether Khan should be recused.
After millions of Venezuelans have fled Maduro’s rule, many for neighboring countries, regional governments are also anxiously awaiting progress.
“Many in Latin America expect the ICC prosecutor to have a more muscular response,” said Juan Papier, deputy director for the Americas at Human Rights Watch. “The prosecutor’s office has spent too much time, so far fruitlessly, trying to work with Venezuela authorities to push for domestic investigations. Widespread impunity and lack of judicial independence in Venezuela make the ICC the most viable path for justice.”


Leading civil society groups call on F-35 partner countries to end supplies to Israel

Updated 18 February 2025
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Leading civil society groups call on F-35 partner countries to end supplies to Israel

  • Over 200 organizations send letter to government ministers in US, UK, Australia, Canada, elsewhere
  • ‘The past 15 months have illustrated that Israel is not committed to complying with international law’

LONDON: More than 200 civil society groups worldwide have urged countries involved in the F-35 jet program to halt arms transfers to Israel over fears of humanitarian law violations, The Guardian reported on Tuesday.

It comes as the war in Gaza reached 500 days, with the F-35 jet being used extensively by the Israeli Air Force to conduct bombing operations throughout the conflict.

The organizations signed a letter that was sent on Monday to government ministers in the UK, the US, Australia, Canada, Denmark, Italy, the Netherlands and Norway.

The 232 signatories come from the countries involved in production of the jet, as well as Jordan, Lebanon, India, Belgium, Switzerland, Ireland and elsewhere.

Leading charities such as Oxfam, Amnesty International and Human Rights Watch signed the letter, which was coordinated by the Campaign Against Arms Trade.

It says: “The past 15 months have illustrated with devastating clarity that Israel is not committed to complying with international law.

“Partners to the F-35 program have individually and collectively failed to prevent these jets from being used to commit serious violations of international law by Israel.

“States have either been unwilling to observe their international legal obligations and/or claimed that the structure of the F-35 program means that it is not possible to apply arms controls to any end-user, making the entire program incompatible with international law.”

Israel is part of the international agreement behind the F-35 program. British firms supply 15 percent of the parts used in the jet, which is produced by a global consortium led by US defense firm Lockheed Martin.

Governments including those of the US, the UK, Australia and Canada have faced legal action over their involvement in granting arms licenses to Israel that include F-35 components.

The UK in September suspended 30 out of 350 arms export licenses to Israel over fears that the weapons may be used to violate international humanitarian law.

But components of the F-35 were exempt from the suspension for reasons of “international peace and security.”

All countries in the F-35 program are parties to the arms trade treaty, except the US, which is a signatory.

The treaty requires the prevention of military transfers where a risk of humanitarian law violations exists.

More than 48,000 people have been killed in Gaza since October 2023, with some researchers saying the death toll could be up to 40 percent higher than the number recorded by the enclave’s Health Ministry.

Katie Fallon, advocacy manager at CAAT, said: “The F-35 jet program is emblematic of the West’s complicity in Israel’s crimes against Palestinians.

“These jets were instrumental in Israel’s 466-day bombardment of Gaza, in crimes that include war crimes, crimes against humanity and genocide.

“Since the limited ceasefire the US government, and lead partner to the F-35 program, has threatened Gaza with mass ethnic cleansing and forced displacement.

“This program gives material and political consent from all western partners, including the UK, for these crimes to continue.”


Vatican cancels hospitalized Pope Francis’s weekend events

Updated 18 February 2025
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Vatican cancels hospitalized Pope Francis’s weekend events

  • The Holy See had already indicated that the pontiff would stay longer in the hospital than initially believed due to a ‘complex’ clinical picture
  • It is latest of a series of health issues for the pope, who has undergone hernia and colon surgery since 2021, and uses a wheelchair for a sore knee

VATICAN CITY: The Vatican on Tuesday canceled two of Pope Francis’s events at the weekend as the 88-year-old continues to receive hospital treatment for bronchitis.
The Holy See had already on Monday indicated that the pontiff, who was admitted to Rome’s Gemelli hospital on Friday, would stay longer than initially believed due to a “complex” clinical picture.
“Due to the health conditions of the Holy Father, the Jubilee audience of Saturday February 22 is canceled,” it said in a statement Tuesday.
It added that the pontiff has delegated a senior Vatican clergyman to celebrate a planned mass on Sunday morning.
The Vatican did not mention the Angelus prayer, which the pope normally delivers at midday on Sunday, but which he missed last weekend.
Francis, the head of the worldwide Catholic Church since 2013, was admitted to hospital after struggling for several days to read his texts in public.
It is latest of a series of health issues for the Argentine Jesuit, who has undergone hernia and colon surgery since 2021, and uses a wheelchair for a sore knee.
In a statement on Monday, the Vatican said tests had confirmed “a polymicrobial infection of the respiratory tract that has led to a further change in treatment.”
“All the tests carried out until now are indicative of a complex clinical picture that will require adequate hospitalization,” it said.
In an update later on Monday evening, it said his condition was unchanged.
“The Holy Father remains without a fever and is proceeding with the prescribed treatment,” it added.
He had on Monday morning “received the Eucharist and subsequently dedicated himself to some work and reading texts,” it said.
“Pope Francis is touched by the numerous messages of affection and closeness he continues to receive,” it added.


Vietnam parliament approves plan for leaner government

Updated 18 February 2025
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Vietnam parliament approves plan for leaner government

  • The number of government ministries will be reduced to 14 from the current of 18
  • More than 97% of lawmakers present in Vietnam’s National Assembly approved the plan

HANOI: Vietnam’s National Assembly on Tuesday approved a bold bureaucratic reform plan that will slash up to a fifth of government bodies, as the country tries to cut costs and improve administrative efficiency.
The number of government ministries will be reduced to 14 from the current of 18, to be up and running from March 1, the assembly said in a statement.
More than 97 percent of the lawmakers present approved the plan.
The assembly earlier on Tuesday passed an amendment to a law on organizing government, paving the way for approval of the planned cull of 15 percent to 20 percent of the state apparatus, which will also include four agencies and five state television channels, among other cuts.
The move would “not only save money for the state budget but more importantly, boost the efficiency of the system,” General Secretary of Vietnam’s ruling Communist Party, To Lam, told parliament last week. Investors, diplomats and officials have broadly welcomed the plan but expect some administrative delays in the short term in Vietnam, a regional industrial hub that relies heavily on foreign investment. The government has said the overhaul would not impact project approvals.
The planning and investment ministry, which approves foreign investment projects, will join the finance ministry, while the transport ministry and the construction ministry will be merged.
The natural resources and environment ministry and the agriculture ministry will also be merged.
Lawmakers on Tuesday ratified the appointment of two new deputy premiers, including the incumbent investment minister. That will increase the number of deputy prime ministers from five to seven.
The plan coincides with similar post-pandemic government cost-cutting measures being implemented or pledged across the world, including by Argentina’s libertarian President Javier Milei and US President Donald Trump.
Vietnam’s state media last month reported the restructuring would affect 100,000 state officials. It did not elaborate.
“Poor-performing employees must be removed from the system,” it quoted Deputy Prime Minister Nguyen Hoa Binh, as saying.
“State agencies must not be safe shelters for incompetent officials.”


South Korea’s parliament presses for Yoon Suk Yeol’s removal as impeachment trial winds down

Updated 18 February 2025
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South Korea’s parliament presses for Yoon Suk Yeol’s removal as impeachment trial winds down

  • Lawyers for both sides summarize their arguments and evidence at the Constitutional Court
  • Yoon Suk Yeol has argued that he had a right as president to issue his martial law decree

SEOUL: South Korean President Yoon Suk Yeol could try to impose martial law again or undermine constitutional institutions should he be reinstated, lawyers for parliament argued on Tuesday as his impeachment trial entered its final phase.
After weeks of testimony by high-ranking current and former officials, including some facing criminal charges for their role in the brief imposition of martial law on December 3, lawyers for both sides summarized their arguments and evidence at the Constitutional Court.
“Declaring martial law in a situation that doesn’t fit a national emergency is a declaration of dictatorship and military rule,” Kim Jin-han, a lawyer for the parliament, told the justices.
He cited pro-Yoon protesters who stormed a different court in January.
“If he returns to work, we don’t know if he will again exercise martial law,” Kim said. “If he returns to work, we can’t rule out the possibility that he will attack other state and constitutional institutions.”
The Constitutional Court is due to hold another hearing to question three more witnesses on Thursday, including the impeached prime minister and the former police chief.
The court is reviewing parliament’s impeachment of Yoon on December 14 and will decide whether to remove him from office permanently or reinstate him. If he is removed, a new presidential election must be held within 60 days.
Yoon has argued that he had a right as president to issue his martial law decree, which lasted around six hours before he rescinded it in the face of parliamentary opposition. He said the move was also justified by political deadlock and threats from “anti-state forces” sympathetic to North Korea.
His case at the Constitutional Court has also included arguments that he never actually intended to stop parliament from operating, even though the order was publicly declared and troops and police were deployed to the legislature.
Yoon also sent troops to the National Election Commission and later said the decree was necessary in part because the NEC had been unwilling to address concerns over election hacking, a claim rejected by election officials.
Prosecutors have also indicted Yoon on separate criminal charges of leading an insurrection. He was arrested last month and is being held at a detention center.
The first preparatory hearing in that case is scheduled for Thursday.
Insurrection is one of the few criminal charges from which a South Korean president does not have immunity. It is punishable by life imprisonment or death, although South Korea has not executed anyone in decades.


Philippines accuses China’s navy of ‘reckless’ flight maneuvers  

Updated 18 February 2025
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Philippines accuses China’s navy of ‘reckless’ flight maneuvers  

  • People’s Liberation Army Navy helicopter flew as close as three meters to a Philippine government fisheries aircraft

MANILA: The Philippine coast guard accused the Chinese navy of performing dangerous flight maneuvers on Tuesday when it flew close to a government aircraft patrolling a disputed shoal in the South China Sea.
“This reckless action posed a serious risk to the safety of the pilots and passengers,” the coast guard said in a statement.
The Philippine coast guard said the government fisheries aircraft was conducting what it called a maritime domain awareness flight on Tuesday over the Scarborough Shoal, a rocky atoll and prime fishing patch located inside the Philippines’ exclusive economic zone.
The Chinese defense ministry did not immediately respond to a request for comment.
The People’s Liberation Army Navy helicopter flew as close as three meters to the aircraft, which the Philippine coast guard said was a “clear violation and blatant disregard” for aviation regulations.
Named after a British ship that was grounded on the atoll nearly three centuries ago, the Scarborough Shoal is one of the most contested maritime feature in the South China Sea, where Beijing and Manila have clashed repeatedly.
China claims sovereignty over almost the entire South China Sea, a vital waterway for more than $3 trillion of annual ship-borne commerce, putting it at odds with Brunei, Indonesia, Malaysia, the Philippines, and Vietnam. A 2016 arbitration ruling invalidated China’s expansive claim but Beijing does not recognize the decision.