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Russia using chemical choking agents in Ukraine, US says

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The United States has accused Russia of violating international laws by allegedly deploying chemical weapons as a method of warfare in Ukraine. Specifically, they claim that Russia used the chemical agent chloropicrin to gain battlefield advantages over Ukrainian forces. These accusations, according to US officials, are not isolated incidents and would breach the Chemical Weapons Convention, to which Russia is a signatory.

However, the Kremlin has rejected these accusations as baseless, asserting that Russia adheres to its obligations under the Chemical Weapons Convention. The Organisation for the Prohibition of Chemical Weapons defines a chemical weapon as a substance used to cause intentional harm through its toxic properties, and chloropicrin falls under this category. The use of chloropicrin in warfare is explicitly prohibited under the Chemical Weapons Convention.

Additionally, there are claims that Russia has also used riot control agents, such as tear gas, during the conflict in Ukraine. President Joe Biden has previously warned Russia against the use of chemical weapons, stating that there would be severe consequences if such actions were taken.

Despite warnings, there have been reports of chemical attacks, with Ukrainian troops reportedly facing increasing instances of exposure to toxic gases. The US has sanctioned individuals and entities linked to Russia’s biological and chemical weapons program in response to these allegations.

There have also been concerns about Russia’s compliance with the Chemical Weapons Convention, with accusations of incomplete declarations of its stockpile. Previous incidents, such as the Salisbury attack and the poisoning of Alexei Navalny, have raised doubts about Russia’s adherence to international agreements.

Amidst these allegations, Russian forces continue their advance in eastern Ukraine, with ongoing fighting around strategic locations. Ukrainian President Volodymyr Zelensky has taken action against allegations of corruption within the Ukrainian Security Service, while Human Rights Watch has called for a war crimes investigation into alleged executions of surrendering Ukrainian troops by Russian forces.

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Germany faces genocide case over Israel weapon sales

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Nicaragua has asked the UN’s highest court to halt German weapons sales to Israel at the start of a landmark case.

Germany is accused of breaching the UN genocide convention by sending military hardware to Israel and ceasing funding of the UN’s aid agency.

Berlin rejects the claims and will present a defence to the International Court of Justice (ICJ) on Tuesday.

In 2023 some 30% of Israel’s military equipment purchases came from Germany, totalling €300m ($326m; £257m).

The allegations build on a separate case taken by South Africa in January, where judges in the Hague ordered Israel to take “every possible measure” to avoid genocidal acts. The court also ordered Hamas to release all hostages taken from Israel during its 7 October attacks immediately.Israel rejects accusations that it is engaging in genocidal acts in its campaign in Gaza, and has insisted it has the right to defend itself.

More than 33,000 have been killed in Israel’s offensive in Gaza, the Hamas-run health ministry there says, the majority of them civilians. Gaza is on the brink of famine, with Oxfam reporting that 300,000 people trapped in the north have lived since January on an average of 245 calories a day.

Nicaragua says Germany’s arms sales to Israel, which totalled $326.5m last year – a tenfold increase on 2022 – make it complicit in Israel’s alleged war crimes.

Components for air defence systems and communications equipment accounted for most of the sales, according to the DPA news agency.Germany was also one of 15 Western nations which suspended funding for the UN’s Relief and Works Agency for Palestine Refugees (UNRWA) over allegations that some of the agency’s staff were involved in the 7 October attacks on Israel.

According to papers filed with the ICJ, Nicaragua wants the UN’s top court to order Berlin to halt weapons sales and resume funding of the aid agency, one of the few international bodies still operating in Gaza.

It says in the absence of such measures, “Germany is facilitating the commission of genocide and is failing in its obligation to do everything possible to prevent the commission of genocide”.

Speaking as the trial opened, Alain Pellet, a lawyer for Nicaragua, said it was “urgent that Germany suspend continued sales.

“Germany was and is fully conscious of the risk that the arms it has furnished and continues to furnish to Israel,” he told judges.

Berlin has rejected the allegations, but has remained tight-lipped about its legal strategy ahead of the hearings.

“We note Nicaragua’s lawsuit and we deny the allegations as unjustified”, government spokesman Wolfgang Buechner said.

Chancellor Olaf Scholz has been a vocal supporter of Israel’s right to self-defence, but he has faced increasing domestic hostility to the continuation of arms sales to the country.

On Sunday, a group of civil servants wrote to the German leader calling on the government to “cease arm deliveries to the Israeli government with immediate effect”.

“Israel is committing crimes in Gaza that are in clear contradiction to international law and thus to the Constitution, which we are bound to as federal civil servants and public employees,” the statement said, citing January’s ICJ ruling.

In January’s case, the ICJ ruled that “at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the Convention”.

But critics of the case have been quick to highlight that Nicaragua itself has a spotted human rights record, with its government accused of cracking down on opposition. In March, the UK’s mission to the UN accused President Daniel Ortega’s government of a “relentless” crackdown on human rights and civil liberties.

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France bans 28 Israeli settlers over West Bank violence

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France has taken decisive action by announcing the ban of 28 Israeli settlers who stand accused of perpetrating attacks against Palestinian civilians in the occupied West Bank. This move aligns with similar measures enacted by other nations, including the United States and the United Kingdom, which have also imposed restrictions on individuals involved in comparable activities. The French government’s decision comes amidst escalating violence against Palestinians in the West Bank, prompting a firm condemnation of such actions.

In a statement issued by the French foreign ministry, the country emphasized the gravity of the situation, denouncing the unacceptable violence perpetrated against Palestinian civilians. France, along with Poland and Germany, collectively announced sanctions against Israelis implicated in attacks within the West Bank. This concerted effort underscores the international community’s recognition of the need to address the escalating tensions and safeguard the rights of Palestinians in the region.

The French government reiterated its stance on the illegality of colonization under international law, emphasizing the imperative to halt such activities. It emphasized the necessity of ending colonization to pave the way for the establishment of a viable Palestinian state, thereby enabling Israelis and Palestinians to coexist peacefully and securely. France also expressed its intention to pursue sanctions at the European level, highlighting the importance of a coordinated approach among European Union member states in addressing the ongoing conflict.

While the individuals affected by these measures have not been publicly named, the broader context underscores the gravity of the situation. The imposition of sanctions by France and other nations reflects a concerted effort to address the escalating violence and promote stability in the region. As the international community continues to grapple with the complexities of the Israeli-Palestinian conflict, such actions serve as a testament to the importance of upholding human rights and seeking avenues for peaceful resolution.

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Finland to close entire Russian border after migrant surge

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Finland has decided to close the majority of its border crossings with Russia, accusing Moscow of actively aiding migrants in their entry into the country. With seven out of eight road posts already closed due to a notable increase in crossings, the last remaining crossing, situated in the Arctic Circle, is set to be shut for a two-week period.

The Finnish government asserts that Russia is orchestrating the movement of asylum seekers towards Finland as part of what they describe as an “influence operation” and a “hybrid attack.” Prime Minister Petteri Orpo emphasized the government’s commitment to putting an end to these crossings, citing concerns for national security.

In November, Finland saw a surge in the number of asylum seekers, totaling around 900 individuals, who entered the country from Russia. These asylum seekers come from various countries, including Morocco, Pakistan, and Syria. The Finnish government’s response to this influx has been a gradual closure of more border posts. The decision has raised concerns from Finland’s non-discrimination ombudsman, who fears that the closures may compromise the right to seek asylum under international law, particularly considering the remote location of the last remaining border crossing, approximately 900 kilometers north of the capital.

Despite the closures, the Finnish government maintains that asylum seekers arriving by boat and air can still seek asylum. However, advocates worry that the decision to close official crossing points may lead asylum seekers to attempt illegal crossings through the vast forests and rivers that make up the lengthy border between Finland and Russia.

With the arrival of winter, there are heightened concerns about the safety of such attempts. Advocates also emphasize the importance of providing assistance to those in need on the Russian side of the border and urge authorities to avoid pushing individuals crossing illegally back into Russia.

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Legal Challenge by Expelled Migrants in Europe Against EU’s Frontex Ends in Defeat

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The European Union’s highest court has rejected a case against the European border agency Frontex, which was brought by a Syrian refugee family forcibly sent from Greece to Turkey in 2016. The family’s lawyers argued that Frontex should be held responsible for the deportation of refugees without the opportunity to apply for asylum, which is considered illegal under international law.

However, the European Court of Justice dismissed their challenge, stating that Frontex lacks the authority to assess the merits of return decisions or asylum applications, and therefore cannot be held liable for any harm caused.

The Syrian family, consisting of a husband, wife, and four young children, arrived in Greece in 2016 as part of the European migrant crisis. They registered their intention to seek international protection on the Greek island of Leros but were subsequently transported to the island of Kos. After just eleven days in Greece, the family alleges that they were flown to Turkey by Frontex and Greek authorities without being given the opportunity to apply for asylum or receiving an expulsion decision. The family claimed that they were misled into believing they were being taken to Athens when they boarded the plane. During the flight, the parents were reportedly separated from their children, who were between one and six years old at the time, and they were not allowed to communicate with anyone during the journey.

The family was released in Turkey but lacked access to housing, water, or sanitation. They later fled to northern Iraq. In 2021, they brought their case to the European Court of Justice, supported by human rights lawyers and the Dutch Council for Refugees.

Following the court’s ruling, the family expressed their disappointment, emphasizing that Frontex should be held accountable for their unjust treatment. Their lawyers indicated that they intended to appeal the decision.

Legal experts argued that individuals should not be deported to another country without a proper assessment of their need for asylum, which they claim did not occur in this case.

The Dutch Council for Refugees and the law firm representing the family stated that the ruling raised questions about how Frontex should ensure respect for fundamental rights in its activities, as mandated by its role.

Frontex responded by requiring EU member states to confirm that individuals were given the opportunity to seek international protection and that their applications were processed in accordance with EU laws.

The European Parliament had previously noted that human rights organizations, media, and civil society groups regularly reported cases of pushbacks or collective expulsions at the EU’s borders, often involving excessive force by EU member state authorities. Frontex had faced accusations of failing to protect individuals in these situations.

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Biden Stands by Choice to Provide Ukraine with Controversial Cluster Bombs

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US President Joe Biden has defended his controversial decision to supply cluster bombs to Ukraine, acknowledging it as a “very difficult decision” but emphasizing the urgent need for ammunition faced by the Ukrainian forces. While Ukraine’s leader praised the move as timely, criticism has arisen from human rights groups and certain Democrats. A Moscow envoy condemned the decision as cynical. Biden, ahead of a Nato summit, stated that he had consulted with allies regarding the decision.

Cluster bombs are internationally banned by over 120 countries due to their track record of causing civilian casualties. The decision to provide them to Ukraine has raised concerns due to the risk of unexploded bombs causing harm to civilians in the long term. National Security Adviser Jake Sullivan acknowledged the risk and explained that the decision was postponed as long as possible. Sullivan asserted that the cluster bombs provided by the US are safer compared to those used by Russia in the conflict, with a lower rate of unexploded bombs.

The decision bypasses US law prohibiting the use, production, or transfer of cluster munitions with a failure rate exceeding 1%. Earlier in the war, when allegations of Russia’s use of cluster and vacuum bombs surfaced, the US referred to it as a potential war crime. The UN human rights office called for an immediate halt to the use of such munitions in any location. The Russian ambassador to the US criticized Biden’s decision, highlighting the risk of civilians being harmed by failed submunitions for years to come.

Ukrainian President Volodymyr Zelensky expressed gratitude for the military aid package worth $800 million provided by the US. He stated that it would bring Ukraine closer to victory and democracy over dictatorship. However, human rights organizations such as Amnesty International and the US Cluster Munition Coalition condemned the decision, citing the grave threat cluster munitions pose to civilian lives even after the conflict ends.

The response from US lawmakers on Capitol Hill has been mixed, with some Democrats considering the decision alarming and a mistake, while others, including Republican leaders, view it as a means to enhance Ukraine’s capability to counter Russian forces more effectively.

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