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Bangladesh bans TV station, tracks students after attacks

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TIGHT SECURITY. Security officials stand guard as Muslims offer prayers in the National Eid Prayer Ground at the High Court in Dhaka, Bangladesh on July 7, 2016. File photo from Abir Abdullah/EPA

DHAKA, Bangladesh – Bangladesh moved to counter a deadly wave of Islamist attacks Sunday, July 10, ordering an Islamic television station to stop broadcasting and telling schools to report any missing students.

The measures come after several suspected Islamist extremists were reported to be fans of the television channel, while others were found to be from elite universities but had been missing for months.

A Bangladesh cabinet committee decided to ban Peace TV from the country, information minister Hasanul Haq Inu told journalists Sunday.

The station is run by Indian doctor-turned-preacher Zakir Naik, the founder and president of Mumbai-based Islamic Research Foundation, and its programs are aired from Dubai.

Prime Minister Sheikh Hasina earlier in the day called on every school, college, and university to "create a list of absent students and publish it."

Bangladesh has been reeling from dozens of attacks, mainly targeting secular activists or religious minorities.

"We will be rigorous," the premier said. "We must uproot militancy and terrorism from Bangladesh."

Three of the alleged jihadists who participated in an attack on a Dhaka cafe last week, in which 20 hostages were murdered, attended top schools and universities in the Bangladeshi capital.

The revelation that the attackers were educated, well-off members of society has sparked fears that Islamism has spread far beyond disenfranchised youngsters being radicalized in madrasas.

School authorities would now have to provide information on any students who have an unexplained absence of 10 days or more, education minister Nurul Islam Nahid said.

Another student of a well-regarded university participated in a deadly attack in northern Bangladesh on Thursday, July 7, that killed at least 3 people at a huge prayer gathering marking the start of Eid.

Police said both attacks were carried out by a banned local militant group, despite vocal claims from the Islamic State group that they were responsible for the siege at the Dhaka cafe.

Authorities, meanwhile, have launched a publicity blitz, urging parents to closely monitor their children. Television channels have broadcast photos of missing students and advertisements to deter extremism.

US Assistant Secretary of State Nisha Biswal flew to Dhaka Sunday to discuss the security situation with Bangladesh foreign minister Mahmood Ali.

She offered US expertise in building Bangladesh's counterterrorism capabilities, the American embassy in Dhaka said in a statement.

"We will continue our assistance in combating the global threat of terrorism that our countries both confront," she said. – Rappler.com


Philippines-China case lights up world's oldest tribunal

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PCA. The seat of the Permanent Court of Arbitration at the Vredespaleis (Peace Palace) in The Hague, Netherlands, August 27, 2013. File photo by Guus Shoonewillie/EPA

THE HAGUE, Netherlands – The little-known Permanent Court of Arbitration (PCA) on Tuesday, July 12, rules on a bitter dispute over the South China Sea (West Philippine Sea) which could have huge international ramifications amid growing tensions in the key waterway.

The Philippines brought the case against China in 2013, asking the court to find that Beijing's claims to much of the territory in the sea are invalid and violate the UN's Convention on the Law of the Sea. (READ: Aquino: The president who brought China to court)

Here are 5 facts about the tribunal based in The Hague:

What is the PCA?

The PCA is the world's oldest inter-governmental organization dedicated to resolving international disputes through arbitration "and other peaceful means."

It came to life in 1899 during the first Hague Peace Conference convened by Czar Nicholas II of Russia. It refers to contracts, special agreements, and various treaties such as those set up by the UN Commission on International Trade Law (UNCITRAL) and the UN Convention on the Law of the Sea (UNCLOS) to rule in disputes.

It also has a permanent overseas presence in Mauritius and can conduct hearings all over the world.

Interesting PCA cases

The PCA's arbitral tribunals have rendered more than 70 decisions in past cases and it currently considers 116 cases. Recently-concluded cases include rulings in a bitter border dispute between Eritrea and Ethiopia and handing down an award in favor of the Indian Ocean nation of Mauritius in a fight with Britain over a marine protected area in the Chagos Archipelago. In another case, it gave India a partial green light to build a hydro-electric project in the Kishenganga River after a dispute with Pakistan, who was worried about the project's impact on water supply further downstream. 

Is it a real 'court'?

The PCA is not a court in the traditional sense with judges to rule on issues. Rather it consists of arbitral tribunals put together for each case. Hearings are not open to the public or press, unless both parties in the dispute agree.

How does it work?

When diplomacy fails between two states they may turn to arbitration via the PCA.
Usually cases are settled on a pre-existing agreement – contained in a treaty or contract – that if a dispute arises it will be resolved through arbitration. 

Once arbitration begins, an arbitral tribunal is appointed, consisting of 1, 3, or 5 members. For the South China Sea arbitration a 5-member panel has been appointed led by Ghanian-born judge Thomas A. Mensah.

Are its decisions binding?

Yes. All decisions, called "awards" are binding on all the parties in the dispute and have to be carried out without delay. 

There are some post-award proceedings available to parties unhappy with the tribunal's decision, but they are limited, particularly in inter-state disputes. 

Experts also say enforcement is often the "Achilles Heel" of public international law. 

However, states who ignore or disregard the PCA's ruling risk losing credibility and losing out in the so-called "court of world opinion." (READ: CHEAT SHEET: What you need to know about PH-China case– Rappler.com

Sources: PCA staff, PCA website, and Joris Larik, senior researcher at The Hague Institute for Global Justice

 

ISIS territory shrinks 12% since start of 2016 – British think-tank

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FIGHT AGAINST ISIS. Iraqi soldiers inspect burnt trucks used by Islamic State militants after heavy clashes on June 29, 2016. File photo by Nawras Aamer/EPA

BEIRUT, Lebanon – The Islamic State (ISIS) group lost 12% of the territory it holds in Iraq and Syria in the first half of 2016, according to an analysis by British think-tank IHS.

The analysis published Sunday, July 10, says the jihadist group, which proclaimed its self-styled "caliphate" in the two countries in 2014, is continuing to lose ground after a string of setbacks last year.

"In 2015, the Islamic State's caliphate shrunk by 12,800 square kilometers to 78,000 square kilometers, a net loss of 14%," IHS said.

"In the first 6 months of 2016, that territory shrunk again by 12%. As of July 4, 2016, the Islamic State controls roughly 68,300 square kilometers in Iraq and Syria."

In Syria, ISIS is under pressure from regime troops backed by Russian forces, an Arab-Kurdish alliance backed by a US-led coalition, and rebel forces.

In Iraq, coalition-backed security forces, working with pro-government militia groups, have dealt the jihadists a series of defeats.

ISIS forces are currently under siege in the Syrian town of Minbej, which lies on their main supply route between Syria and Turkey.

In March the jihadists were routed from the ancient Syrian city of Palmyra and in June from the Iraqi city of Fallujah.

In 2015, the group lost Tal Abyad, a key border post on the Syrian-Turkish border, as well as the Iraqi city of Ramadi.

In May the Pentagon said that ISIS had lost some 45% of the territory it held in Iraq and between 16% and 20% of its territory in Syria.

The IHS report did not include percentages by country.

IHS senior analyst Columb Strack said the losses were likely to mean ISIS would redouble its attempts at "mass casualty attacks."

"As the Islamic State's caliphate shrinks and it becomes increasingly clear that its governance project is failing, the group is reprioritizing insurgency," he said.

"We unfortunately expect an increase in mass casualty attacks and sabotage of economic infrastructure, across Iraq and Syria, and further afield, including Europe."

ISIS has also seen its revenues drop, from around $80 million a month in mid-2015 to $56 million a month by March 2016, according to IHS.

"This figure has probably continued to decrease since March by at least another 35%," said Ludovico Carlino, another senior analyst at IHS.

"Combined with the military setbacks on the ground, this is having an impact on the internal cohesion of the group as indicated by a marked increase in defections and desertions since January," he added.

Facing territorial losses and pressure, ISIS on Wednesday, July 6, issued a video describing the "organization of the caliphate" in which it claimed control of 35 "wilayat" or provinces, including 19 in Syria and Iraq. – Rappler.com

'10 days not enough to answer Marcos election protest'

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'UNPRECEDENTED' LENGTH. Senator Ferdinand 'Bongbong' Marcos Jr files an election protest against Vice President Leni Robredo before the Supreme Court on June 29, 2016. File photo by Ben Nabong/Rappler

MANILA, Philippines – Veteran election lawyer Romulo Macalintal said 10 days would not be enough to answer the election protest filed by former senator Ferdinand "Bongbong" Marcos Jr against Vice President Leni Robredo, since it is "the longest election protest ever filed" in the country.

In a statement on Sunday, July 10, Macalintal said the "unprecedented" protest of the defeated vice presidential candidate has 1,000 pages, plus more than 20,000 documents in its annexes.

"Robredo and her lawyers might find it difficult or be pressed for time to answer said protest since Presidential Electoral Tribunal rules only give Robredo 10 days from receipt of PET order to answer said protest," said Macalintal, who had represented Robredo in Congress' canvassing of votes.

The lawyer added that the Supreme Court, acting as the PET, could have postponed action on the election protest because of its length.

The PET will instead take it up again in an en banc session on Tuesday, July 12.

"For sure, it will take more time for the 15-member PET to study each and every page of the 1,000-page protest and the 20,000 annexes before it could take appropriate action," said Macalintal.

He also said that Marcos' call for the declaration of a failure of elections in several provinces is not within the PET's jurisdiction, but under the "exclusive jurisdiction of the Comelec en banc."

"It is imperative for the PET to first make a judicial determination if Marcos' protest is sufficient in substance or if he is really asking for a recount or a declaration of failure of election," Macalintal added.

Marcos had filed the protest on June 29, the eve of Robredo's oath-taking. He lost to Robredo in the May elections by a very slim margin of just 263,473 votes.

His lawyer, George Garcia, said they are seeking a recount in 27 provinces and cities covering 36,000 precincts. They also want the results in Basilan, Maguindanao, and Lanao del Sur nullified.

Marcos had said they have both documentary and testimonial evidence to prove there was poll fraud. – Rappler.com

 

Heavy fighting erupts in South Sudan capital

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CRISIS. A file photo dated April 25, 2016 shows a group of the 195 opposition soldiers arriving with General Simon Gatwech Dual, the chief of staff of the South Sudan rebel troops, in Juba, South Sudan. File photo by Phillip Dhil/AFP

JUBA, South Sudan (UPDATED) – Thousands fled renewed heavy fighting in South Sudan's capital on Sunday, July 10, as former rebels and government soldiers exchanged fire in several parts of the city.

The battles began on the western outskirts of Juba where both former rebels and government soldiers have bases at the foot of the Jebel Kujur mountain close to a UN camp.

Fighting was heard in several other parts of the city throughout the day, including the tinderbox Gudele neighborhood – where rebel leader turned vice president Riek Machar is headquartered – and the central Tongping area near the international airport, with gunfire intensifying and subsiding at different times.

Regional leaders, including from Kenya and Sudan, have urged an end to the fighting and plan to hold a special summit in Nairobi on Monday, July 11.

The renewed conflict was condemned by the UN and others with UN Secretary-General Ban Ki-moon saying he was "shocked and appalled." The UN Security Council is due to hold a closed-door meeting on the crisis later Sunday.

Speaking on Sunday afternoon, South Sudan's information minister Michael Makuei blamed the former rebels for the fighting and insisted the government was "in full control of Juba" even as shooting could be heard in parts of the city.

Makuei said President Salva Kiir would call for a ceasefire later in the day.

"We are expecting his excellency the president will issue a unilateral ceasefire, binding on his forces. We hope the First Vice President Riek Machar will follow suit," he said.

The violence comes a day after the world's youngest country marked its 5th independence anniversary, and is a fresh blow to a peace deal that has failed to end the civil war that broke out in December 2013.

City residents hunkered down or began fleeing their homes as the UN reported the use of mortars, rocket-propelled grenades and "heavy ground assault weaponry." Helicopter gunships and tanks were also deployed during the course of the day.

'Significantly deteriorated'

UN House, a site close to where the fighting began, is home to roughly 28,000 people previously uprooted by the war and living in flimsy makeshift houses. Aid workers said rounds had landed inside the UN camp, wounding some civilians.

A steady stream of fearful civilians, clutching children and possessions, headed for the hoped-for refuge of another UN base close to the city's airport, only to find fighting erupting there too. There were also reports of hundreds of South Sudanese crossing into neighboring Uganda.

The US embassy in Juba warned its citizens to stay indoors.

"The situation in Juba has significantly deteriorated. There is serious ongoing fighting between government and opposition forces, including near the airport, UNMISS locations, Jebel and elsewhere throughout Juba," the embassy posted on its Facebook page.

Airline Kenya Airways suspended flights to Juba on Sunday, citing the "uncertain security situation."

The battles were the first since Friday, July 8, when brief but heavy exchanges of fire left an estimated 150 soldiers dead on both sides.

There were no immediate details of casualties from Sunday's violence.

South Sudan has seen more fighting than peace since independence in July 2011, with civil war breaking out December 2013 when Kiir accused Machar of plotting a coup.

An August 2015 peace deal was supposed to end the conflict but observers say the peace process has stalled while fighting has continued despite the establishment of a unity government.

This week's clashes are the first between the army and former rebels in the capital – where the war broke out – since both established positions there in April as part of the peace agreement.

Tens of thousands have died in more than two years of civil war, close to 3 million have been forced from their homes, and nearly 5 million survive on emergency food rations. (READ: War-torn South Sudan starvation levels 'alarming' – UN)

The humanitarian crisis has unfolded alongside an economic one with the currency collapsing and inflation spiraling out of control. The country's mainstay oil industry is in tatters and regional towns have been razed. – Rappler.com

UN sea law lays down the rules for the planet's oceans

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MARITIME DISPUTE. A file picture dated July 20, 2011 shows an aerial view of Pagasa Island in the West Philippine Sea (South China Sea). File photo by Rolex dela Peña/EPA

THE HAGUE, Netherlands – Centuries before international laws, pirates ruled the high seas, plundering and pillaging wherever they went.

Into this dangerous, unruly seascape steamed the United Nations Convention on the Law of the Sea, which will be the basis for a historic court judgement on Tuesday, July 12, in a dispute between China and the Philippines over the South China Sea (West Philippine Sea).

Here are the answers to 4 questions about the obscure convention known by its acronym UNCLOS:

What does it do?

With at least 320 articles and 9 annexes, the convention covers all aspects of regulating the planet's vast oceans and maritime waters.

It is the authority on everything from national sovereignty over the exploitation of natural resources, navigation, and disputes between nations. (READ: CHEAT SHEET: What you need to know about PH-China case)

According to the UN website, the convention "lays down a comprehensive regime of law and order in the world's oceans and seas, establishing rules governing all uses of the oceans and their resources."

What are its origins?

For many centuries the only law of the seas was brute force. In the 17th century, a country's rights over the seas were limited to "a narrow belt" extending from its coastline.

"The remainder of the seas was proclaimed to be free to all and belonging to none," the UN says on its website.

But by the second half of the 20th century, new technologies, modern oil and gas extraction methods, and a booming population gave rise to growing tensions around lucrative fishing grounds and competing demands for the rights to precious resources.

In 1945, the United States unilaterally extended jurisdiction over all resources over its continental shelf, which led to similar moves by Argentina, Ethiopia, and Saudi Arabia as well as the scattered archipelagos of Indonesia and the Philippines.

By late 1967 the dangers were numerous – from nuclear submarines plumbing the sea depths to ballistic missiles and increasingly frequent oil spills.

In the face of this "looming conflict that could devastate the oceans," Malta's ambassador to the UN, Arvid Pard, called for "an effective international regime" over the seabed.

When was UNCLOS born?

The first conference on the Law of the Sea was held in New York in 1973. For 9 years, delegates argued and bartered as they drew up the text.

The UN General Assembly finally adopted the convention in April 1982. Signed by 150 countries and ratified by 67, it entered into force in November 1994.

What conflicts?

The convention also established the Hamburg-based International Tribunal for the Law of the Sea (ITLOS), which along with the Permanent Court of Arbitration (PCA) and the International Court of Justice can rule on matters brought under UNCLOS.

Among other cases, in 1999, ITLOS laid down annual quotas for bluefin tuna catches in a bitter dispute between Australia, Japan, and New Zealand.

In 2015, the PCA ruled under the UN convention that Russia must compensate the Netherlands over the 2013 seizure of Greenpeace's Arctic Sunrise ship during a protest against Arctic oil drilling. – Rappler.com

123 German police hurt in clashes with protesters

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ESCALATING TENSIONS. Burned cars stand in Berlin on July 10, 2016, following clashes between police and left-wing extremists. Photo by Maurizio Gambarini/AFP

BERLIN, Germany – Berlin police said Sunday, July 10, that 123 officers were hurt in clashes with left-wing extremists who hurled rocks and bottles at them, smashed shop windows, and set cars ablaze.

The overnight violence follows weeks of escalating tensions around a building that is a center of the far-left youth scene. It has been repeatedly raided by police.

Police said Saturday night's protest was the city's "most aggressive and violent demonstration in the past 5 years."

Police had sent 1,800 officers to confront the 3,500-strong crowd. The officers used batons and tear gas as the situation deteriorated.

Eighty-six protesters were temporarily detained, with 3 facing a magistrate on charges of breach of the peace, police said.

The protests centered on a flashpoint building in the German capital's inner-east Friedrichshain district which regards itself as a militant bastion against rising rents and the gentrification of Berlin.

The city-state's minister in charge of security, Frank Henkel, denounced the "orgy of violence of the extreme left" by "anarchists and troublemakers." – Rappler.com

Justice Carpio: Ruling ‘reaffirms mankind’s faith in rule of law’

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RULE OF LAW. Supreme Court Justice Antonio Carpio hails the ruling on the PH-China maritime dispute. Photo by Rappler

MANILA, Philippines – Supreme Court Senior Associate Justice Antonio Carpio on Tuesday, July 12, hailed the international tribunal’s ruling in favor of the Philippines, saying “it reaffirms mankind’s faith in the rule of law in peacefully resolving disputes between States and in rejecting the use or threat of force in resolving such disputes.”

The foremost Filipino legal expert on the West Philippine Sea (South China Sea) said the ruling also “reaffirms the wisdom of the Philippine Constitution in renouncing war as an instrument of national policy, and in adopting international law as part of the laws of Philippines.” (READ: Highlights of the ruling)

Below is the “personal statement on final arbitral award” of Carpio, who was a key adviser of the government panel that filed the case against China.

“The Tribunal’s ruling today re-affirms mankind’s faith in the rule of law in peacefully resolving disputes between States and in rejecting the use or threat of force in resolving such disputes.  This rule of law is enshrined in the United Nations Charter. (READ: #CHexit: Filipinos celebrate PH victory over China)

The ruling also re-affirms UNCLOS as the Constitution for the oceans of our planet, a treaty ratified by 167 States, including China and the Philippines. The ruling applies the fundamental law of the sea principle that 'land dominates the sea,' that is, any claim to maritime zones must emanate from land and can extend only to the limits prescribed under UNCLOS.  No state can claim almost an entire sea contrary to this fundamental principle and maritime limits.  

The ruling further re-affirms the wisdom of the Philippine Constitution in renouncing war as an instrument of national policy, and in adopting international law as part of the laws of Philippines. The ruling manifests the faithful compliance by the Philippine Government to the Philippine Constitution, which mandates that the 'State shall protect the nation’s marine wealth in its... exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.'" – Rappler.com


China rejects tribunal judgment on West PH Sea

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TIGHT SECURITY. Chinese paramilitary police officers secure the front entrance of the Philippines embassy in Beijing on July 12, 2016. Photo by Nicolas Asfouri/AFP

BEIJING, China (3rd UPDATE) – Beijing "does not accept and does not recognize" the ruling by a UN-backed tribunal on its dispute with the Philippines over the South China Sea, the foreign ministry said Tuesday, July 12.

The declaration followed a ruling by the Permanent Court of Arbitration in the Hague that China has no historic rights to its claimed "nine-dash line".

"The award is null and void and has no binding force," the ministry said on its website. "China neither accepts nor recognizes it."

Beijing "does not accept any means of third party dispute settlement or any solution imposed on China," it added, reiterating its long-standing position on the dispute.

China has repeatedly denied the tribunal's authority to rule on the dispute with the Philippines over the strategically vital region, claiming that the court's actions are illegal and biased against it.

Beijing refused the opportunity to defend its position before the body.

Despite China's assertions, the tribunal's judgement was "very law based," said Julian Ku, an expert on international at New York's Hofstra University, adding that it did "not uncritically accept the Philippines' arguments".

"I was struck by how much the tribunal bent over backwards to give China opportunities to comment and participate in this case," he added.

The dispute has become the centre of a tense standoff between China and the US, with Washington claiming that China's increasingly aggressive behavior in the region threatens free passage through the area's critically important shipping lanes.

US ships and aircraft have patrolled the region, including passing within the 12 nautical mile limit that would apply to any territorial waters, in what is widely seen as an attempt to undermine Chinese claims of control.

The court ruling, however, has invalidated any claims – by anyone – that the reefs and shoals under dispute give such legal rights.

The decision is devastating for China's claims, said Yanmei Xie, China analyst for the International Crisis Group, saying the ruling was "as unfavorable to China as it can be".

Despite the announcement, the Chinese foreign ministry said the country continues to assert it has sovereignty arising from its historical claims.

"China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards," the statement said, adding that "China opposes and will never accept any claim or action based on those awards."

China was willing to negotiate directly with other countries "on the basis of respecting historical facts and in accordance with international law", it said, including for joint development.

In the short term, the decision is unlikely to change much, Xie said.

"We’re going to see a continuation of the chest thumping we've seen especially from the China side."

Police sealed off the Beijing street where the Philippine embassy stands. More than a dozen white police vans were parked, blocking all entrances to the street, but no protesters were visible.

 

The full text of China's statement follows:

Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines

With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of the People's Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it.

1. On 22 January 2013, the then government of the Republic of the Philippines unilaterally initiated arbitration on the relevant disputes in the South China Sea between China and the Philippines. On 19 February 2013, the Chinese government solemnly declared that it neither accepts nor participates in that arbitration and has since repeatedly reiterated that position. On 7 December 2014, the Chinese government released the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines, pointing out that the Philippines' initiation of arbitration breaches the agreement between the two states, violates the United Nations Convention on the Law of the Sea (UNCLOS), and goes against the general practice of international arbitration, and that the Arbitral Tribunal has no jurisdiction. On 29 October 2015, the Arbitral Tribunal rendered an award on jurisdiction and admissibility. The Chinese government immediately stated that the award is null and void and has no binding force. China's positions are clear and consistent.

2. The unilateral initiation of arbitration by the Philippines is out of bad faith. It aims not to resolve the relevant disputes between China and the Philippines, or to maintain peace and stability in the South China Sea, but to deny China's territorial sovereignty and maritime rights and interests in the South China Sea. The initiation of this arbitration violates international law. First, the subject-matter of the arbitration initiated by the Philippines is in essence an issue of territorial sovereignty over some islands and reefs of Nansha Qundao (the Nansha Islands), and inevitably concerns and cannot be separated from maritime delimitation between China and the Philippines. Fully aware that territorial issues are not subject to UNCLOS, and that maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China's 2006 declaration, the Philippines deliberately packaged the relevant disputes as mere issues concerning the interpretation or application of UNCLOS. Second, the Philippines' unilateral initiation of arbitration infringes upon China's right as a state party to UNCLOS to choose on its own will the procedures and means for dispute settlement. As early as in 2006, pursuant to Article 298 of UNCLOS, China excluded from the compulsory dispute settlement procedures of UNCLOS disputes concerning, among others, maritime delimitation, historic bays or titles, military and law enforcement activities. Third, the Philippines' unilateral initiation of arbitration violates the bilateral agreement reached between China and the Philippines, and repeatedly reaffirmed over the years, to resolve relevant disputes in the South China Sea through negotiations. Fourth, the Philippines' unilateral initiation of arbitration violates the commitment made by China and ASEAN Member States, including the Philippines, in the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) to resolve the relevant disputes through negotiations by states directly concerned. By unilaterally initiating the arbitration, the Philippines violates UNCLOS and its provisions on the application of dispute settlement procedures, the principle of "pacta sunt servanda" and other rules and principles of international law.

3. The Arbitral Tribunal disregards the fact that the essence of the subject-matter of the arbitration initiated by the Philippines is issues of territorial sovereignty and maritime delimitation, erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines, erroneously construes the legal effect of the relevant commitment in the DOC, deliberately circumvents the optional exceptions declaration made by China under Article 298 of UNCLOS, selectively takes relevant islands and reefs out of the macro-geographical framework of Nanhai Zhudao (the South China Sea Islands), subjectively and speculatively interprets and applies UNCLOS, and obviously errs in ascertaining fact and applying the law. The conduct of the Arbitral Tribunal and its awards seriously contravene the general practice of international arbitration, completely deviate from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China's legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful.

4. China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards. China opposes and will never accept any claim or action based on those awards.

5. The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China. The Chinese government will continue to abide by international law and basic norms governing international relations as enshrined in the Charter of the United Nations, including the principles of respecting state sovereignty and territorial integrity and peaceful settlement of disputes, and continue to work with states directly concerned to resolve the relevant disputes in the South China Sea through negotiations and consultations on the basis of respecting historical facts and in accordance with international law, so as to maintain peace and stability in the South China Sea.

– Agence France-Presse / Rappler.com

Japan, US: PH-China dispute ruling final, legally binding

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Image courtesy Permanent Court of Arbitration

MANILA, Philippines (3rd UPDATE) – Japan and the United States on Tuesday, July 12, welcomed the decision of the United Nations-backed tribunal in the dispute between the Philippines and China on the West Philippine Sea (South China Sea).

In a statement from the Ministry of Foreign Affairs, Japan said the tribunal's award is "final and legally binding" on the parties, and that they expect the parties to "comply with the award."

"Japan has consistently advocated the importance of the rule of law and the use of peaceful means, not the use of force or coercion, in seeking settlement of maritime disputes," the statement said.

"Japan strongly expects that the parties’ compliance with this award will eventually lead to the peaceful settlement of disputes in the South China Sea," it added.

The United States, meanwhile, said the international tribunal ruling against Beijing's territorial claims in the South China Sea was an "important contribution" towards resolving regional disputes.

The US State Department said the Permanent Court of Arbitration's decision in the suit lodged against China by the Philippines should be seen as "final and legally binding."

"The United States expresses its hope and expectation that both parties will comply with their obligations," State Department spokesman John Kirby said.

"The decision today by the tribunal in the Philippines-China arbitration is an important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea," Kirby said.

US officials are "studying the decision and have no comment on the merits of the case," he added, but nevertheless asserted the right of the tribunal to make its ruling and said it should be respected.

"The United States strongly supports the rule of law. We support efforts to resolve territorial and maritime disputes in the South China Sea peacefully, including through arbitration," he said.

"As provided in the Convention, the tribunal's decision is final and legally binding on both China and the Philippines," he added, urging all claimants "to avoid provocative statements or actions."

But China said it is "does not accept" the tribunal's ruling.

Japan is also embroiled in a territorial dispute with China, over territory in the East China Sea.

The United States has no claims of its own within the contested sea, but has asserted the right of all shipping to pass through areas it regards as international waters.

And Washington is an ally of the Southeast Asian countries which do dispute China's claim, including the Philippines, which lodged the international suit. – with reports from the Agence France-Presse and KD Suarez/Rappler.com

Duterte to get ‘complete interpretation’ of Hague ruling in 5 days

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DUTERTE'S DECISIONS. President Rodrigo Duterte holds his second full Cabinet meeting at the Aguinaldo State Dining Room of the Malacanang Palace on July 11. Photo by King Rodriguez/Malacanang PPD

MANILA, Philippines – Minutes after an arbitral tribunal's ruling on the West Philippine Sea (South China Sea) was announced late Tuesday afternoon, July 12, Palace Communications Secretary Martin Andanar said Cabinet members are preparing a summary of the historic decision for President Rodrigo Duterte.

“The Solicitor General [Jose Calida] shall provide the President a synopsis of the ruling tomorrow morning and a complete and thorough interpretation in 5 days,” Andanar told Rappler on Tuesday evening.

Duterte was set to preside over a Cabinet meeting starting 6 pm on Tuesday. Andanar confirmed that the primary agenda is the ruling of the United Nations-backed arbitral tribunal in The Hague, the Netherlands.

Foreign Secretary Perfecto Yasay Jr said in a statement that the Philippines “welcomes” the decision. Government experts, he said, would carefully study the award. (READ: PH calls for 'restraint, sobriety amid favorable ruling on sea row)

The much-awaited ruling declares that China has “no legal basis” to claim historic rights to resources “within the sea areas falling within the ‘nine-dash line" in the West Philippine Sea.

Duterte has said he would wait for the decision before determining his administration’s next moves.

Malacañang had assured that the Duterte administration would prioritize the national interest in deciding what to do with the favorable ruling. – Rappler.com

Highlights of ruling: China violated Philippine sovereign rights

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Image courtesy Permanent Court of Arbitration

CARDIFF, United Kingdom (3rd UPDATE) – The United Nations-backed tribunal in The Hague junked China's sweeping "nine-dash-line" claim over the South China Sea and categorically declared some of its actions as unlawful violations of Philippine sovereign rights.

"The Tribunal found that China had violated the Philippine's sovereign rights in its exclusive economic zone, by interfering with Philippine fishing and petroleum exploration, constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone," the ruling said. 

The tribunal declared that Mischief Reef, Second Thomas Shoal, and Reed Bank form part of the Philippines' "200 nautical exclusive economic zone and continental shelf."

There are no overlaps with "any possible entitlement of China" because the tribunal ruled that all maritime features in the Spratly Islands – including the 7 reclaimed reefs – are "rocks" that do not generate exclusive economic zones.

The tribunal also held that the Spratly Islands "cannot generate maritime zones collectively as a unit."

China has reclaimed Mischief Reef, has repeatedly blocked Philippine Navy operations in Second Thomas Shoal (Ayungin), and harassed Philippine exploration vessels in Reed Bank. 

Scarborough Shoal

The tribunal also upheld the "traditional fishing rights" of Filipino fishermen in Scarborough Shoal, a Filipino fishing ground off the coast of Zambales province that has been practically occupied by the Chinese coast guard since the 2012 standoff between the two countries. (READ: Timeline: The Philippines-China maritime dispute)

The tribunal did not decide on the sovereignty of Scarborough Shoal, but merely recognized it as a traditional fishing ground for many nationalities, including Filipinos and Chinese. 

"[The Tribunal] would reach the same conclusion with respect to the traditional fishing rights of Chinese fishermen if the Philippines were to prevent fishing by Chinese nationals at Scarborough Shoal," the ruling said.

Scarborough Shoal, located about 100 nautical miles from Zambales provinces, is separate from the Spratly Islands. Unlike Mischief Chief, Second Thomas Shoal, and Reed Bank, the tribunal said it is above water at high tide. It is entitled to a territorial sea but traditional fishing rights are not extinguished.

Environmental obligations

The tribunal slammed China for violating its environmental obligations, causing "severe harm to the coral reef environment" by reclaiming 7 features in the Spratly Islands and by allowing its citizens to harvest endangered maritimes species.

The tribunal also castigated China for "aggravating" the dispute by reclaiming reefs and risking sea collisions when it "physically obstructed Philippine vessels."

 

The ruling is "final and binding," the ruling added. 

These are the highlights of the historic ruling:

  • "The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line'. "
  • "Having found that Mischief Reef, Second Thomas Shoal and Reed Bank are submerged at high tide, form part of the exclusive economic zone and continental shelf of the Philippines, and are not overlapped by any possible entitlement of China, the Tribunal concluded that the Convention is clear in allocating sovereign rights to the Philippines with respect to sea areas in its exclusive economic zone." 

  • "The Tribunal found that China had violated the Philippine's sovereign rights in its exclusive economic zone, by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone." 
  • "Because Scarborough Shoal is above water at high tide, it generates an entitlement to a territorial sea, its surrounding waters do not form part of the exclusive economic zone, and traditional fishing rights were not extinguished by the Convention. Although the Tribunal emphasized that it was not deciding sovereignty over Scarborough Shoal, it found that China had violated its duty to respect the traditional fishing rights of Philippine fishermen by halting access to the Shoal after May 2012."

  • "The tribunal noted that the reefs have been heavily modified by land reclamation and construction, recalled that the Convention classifies features on their natural condition, and relied on historical materials in evaluating the features....Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could – without delimiting a boundary – declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China."
  • "The Tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels."

Upholding UNCLOS

China's "nine-dash-line" claim covers almost the entire South China Sea, a cow tongue drawn from China's Hainan island in the north to the waters of Vietnam in the west and the Philippines in the east. 

The tribunal said China's claims to historic rights over the seas are "extinguished" in cases that they are incompatible with the United Nations Convention on the Law of the Seas (UNCLOS).

This was the main contention of the Philippines, which asked the tribunal to uphold UNCLOS, which grants countries exclusive rights to explore, exploit, and develop maritime features 200 nautical miles from its baselines. 

Both China and the Philippines are signatories to the UNCLOS, but China has refused to participate in the proceedings. – Rappler.com

 

IN PHOTOS: Blessing of Duterte's official home in Manila

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OFFICIAL HOME. President Rodrigo Duterte attends the blessing of his official home in Manila. Photo from Special Assistant to the President Bong Go

MANILA, Philippines – President Rodrigo Duterte exchanged his usual leather shoes or sneakers for furry slippers as he attended the blessing of his official Manila residence, Bahay Pangarap, on Tuesday, July 12.

In photos sent by Special Assistant to the President Secretary Christopher "Bong" Go, Duterte is flanked by his staff members as he holds a candle while facing a priest saying the blessing.

Photo from Special Assistant to the President Bong Go

His staff greeted him at  Bahay Pangarap with a large welcome banner.

Duterte was still at the house blessing when Foreign Secretary Perfecto Yasay Jr delivered the government's statement on the historic decision of a United Nations-backed arbitral court on the Philippines' case against China in the West Philippine Sea (South China Sea). The Philippines, as widely anticipated, received a favorable ruling.

After the blessing, Duterte was set to head to Malacañang Palace to preside over a Cabinet meeting where the West Philippine Sea ruling would be discussed. (READ: Duterte to get 'complete interpretation' of Hague ruling in 5 days)

The Philippine president has spent at least one night in Bahay Pangarap, which is located across the Pasig River from the main Palace building. 

BLESS THIS HOUSE. President Rodrigo Duterte is joined by some staff members at his house blessing. Photo from Special Assistant to the President Bong Go

Duterte found his stay there "sad" because he felt all alone in the house which he still finds too big for comfort, according to Presidential Spokesman Ernesto Abella.

Duterte earlier rejected the idea of staying in the main Palace building because he claimed it was "haunted."

With the Bahay Pangarap blessing done, perhaps Duterte will find it easier to spend a night in his new Manila home. – Rappler.com

At least 36,000 people displaced by S.Sudan violence since Friday – UN

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SOUTH SUDAN VIOLENCE. A handout photograph released on July 12, 2016 by the United Nations Mission in South Sudan (UNMISS) showing civilians taking refuge at UN House headquarters during the initial clashes in Juba, South Sudan, July 8, 2016. Photo by Eric Kanalstein/EPA

GENEVA, Switzerland – At least 36,000 people have fled their homes in Juba since heavy fighting erupted in the South Sudanese capital on Friday, the United Nations said on Tuesday, JUly 12.

"The latest fighting since Friday has displaced 36,000 people," Vanessa Huguenin, spokeswoman for the UN humanitarian agency OCHA, told AFP, speaking in French. She added that the number was likely to "evolve" in light of the volatile situation.

OCHA said the displaced had sought shelter in sites run by the UN mission in South Sudan (UNMISS) and other locations across the city, adding that "most of the affected people are women and children."

The "recent fighting has had a devastating impact on the civilian population," the agency said in a statement, adding that heavy rains in parts of Juba had worsened the situation.

"Access to those in need is limited by the ongoing fighting and insecurity," it warned, stressing that "it is imperative that civilians are allowed to move freely to places of refuge, and that humanitarian staff and their assets are protected to allow immediate, safe and unhindered access to those in need."

OCHA's warning came as a fragile ceasefire called by both President Salva Kiir and his opponent Vice President Riek Machar appeared to hold in Juba on Tuesday after four days of gun battles.

The fighting in Juba began on Friday evening – killing over 300 soldiers that day alone according to government estimates – then paused on Saturday, the country's fifth anniversary of independence, before resuming with intense fighting on Sunday.

The violence has raised fears of a return to civil war that broke out in December 2013, characterised by ethnic massacres, rape, murder and the use of child soldiers. – Rappler.com

PH lawyer vs China: 'This is a victory for rule of law'

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TOP LAWYER. The Philippines' lead counsel against China, Paul Reichler, has defended sovereign states for more than 25 years. File photo from the International Tribunal for the Law of the Sea

MANILA, Philippines (UPDATED) – The Philippines' lead counsel against China, Paul Reichler, hailed Manila's victory against Beijing on Tuesday, July 12, in a historic case over the West Philippine Sea (South China Sea).

In a telephone conference with select journalists on Tuesday evening, Reichler said: "We think that this is not only a victory for the Philippines. This is also a victory for the rule of law and international relations." (READ: PH lawyer vs China: 'Giant slayer' who defeated US)

Reichler added that this is "a contribution to the strength" of the United Nations Convention on the Law of the Sea (UNCLOS), the so-called Constitution for the Oceans.

"It is also a great victory for the other coastal states along the South China Sea, in particular Vietnam, Indonesia, and Malaysia, because although the award is legally binding only on the two parties, China and the Philippines, it has very strong implications for other coastal states in the South China Sea."

Reichler issued this statement at around 6:30 pm on Tuesday, less than two hours after an arbitral tribunal in The Hague, Netherlands, released its historic ruling that favors the Philippines.

Next step: Enforcing the ruling

During his telephone conference with journalists, Reichler also explained how to enforce the ruling even if there is no international police to do this. 

Reichler said: "It will depend to a great extent on how vigorously all of the affected states, all of the states which have been prejudiced by the 9-dash line, assert their rights against China."

The 9-dash line is China's demarcation to claim the West Philippine Sea.

The Hague tribunal on Tuesday said that "there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the '9-dash line.'"

Reichler pointed out that, by saying the words "vigorous" and "assert," he means vigorously asserting rights "diplomatically, legally, and above all peacefully."

Reichler said: "If these other states stand up for their rights in the way that the Philippines has done, you'll get the situation where all of the neighboring states are insisting that China withdraw its illegal claims and respect their legal rights which have been defined and recognized and acknowledged today, because those states have the same rights as the Philippines." Rappler.com


Duterte urged to use tribunal ruling to assert PH rights vs China

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BALL IN DUTERTE'S COURT. Supreme Court Associate Justice Francis Jardeleza (right) and former Solicitor General Florin Hilbay urge the Duterte government to use the favorable ruling by the Permanent Court of Arbitration as leverage in the Philippines' relations with China. Rappler photo

MANILA, Philippines (UPDATED) – What’s next after an arbitral tribunal at The Hague ruled in favor of the Philippines in its historic case against China over the West Philippine Sea (South China Sea)?

“With this legal advantage, the Chief Diplomat and Architect of our foreign policy, President Rodrigo Duterte, can now proceed with the necessary tools at his disposal to get the job done,” Supreme Court Associate Justice Francis Jardeleza said on Tuesday, July 12, in a joint briefing with former Solicitor General Florin Hilbay.

Jardeleza and Hilbay were the Philippines' solicitors general when the Aquino administration filed and argued the case at The Hague.

The Palace said Tuesday night that Solicitor General Jose Calida would provide President Duterte "a synopsis of the ruling tomorrow morning and a complete and thorough interpretation in 5 days."

The Permanent Court of Arbitration (PCA) on Tuesday said it had concluded that “there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the 'nine-dash line.'"

Jardeleza said that after the award, which is “binding on China," the next step would be up to the country’s policy makers. (READ: Summary of ruling on Philippines-China case)

“It has been the consistent view of the legal team that this Award will be a potent legal platform as our country moves forward to the political and diplomatic phase of our goal of effectively asserting our maritime entitlements under [the United Nations Convention on the Law of the Sea],” Jardeleza said. 

The former Solicitor General enumerated the findings of the tribunal, which he said agreed “with almost all of our 15 submissions”:

  1. The 9-dash line of China is contrary to UNCLOS and has no basis in law.
  2. Scarborough Shoal and 5 other reefs named in our submission are rocks that generate no entitlements to an exclusive economic zone or continental shelf.
  3. Scarborough Shoal has been a traditional fishing ground for fishermen of many nationalities, and that China has unlawfully prevented Filipino fishermen from engaging in traditional fishing thereat.
  4. Mischief Reef, Second Thomas Shoal, and Reed Bank are submerged at high tide, and form part of the exclusive economic zone and continental shelf of the Philippines, and are not overlapped by any possible entitlement of China.
  5. Reed Bank is an entirely submerged reef formation that cannot give rise to maritime entitlements.
  6. China violated its obligations under UNCLOS to protect and preserve the marine environment.
  7. China has engaged in the construction of artificial islands, installations, and structures at Mischief Reef without the authorization of the Philippines.

"The award is a declaration of rights and entitlements. What can be done moving forward is for our policy makers. The options are largely diplomatic and political," he added.

Asked what the Philippines did not get based on the ruling, Jardeleza answered: "During the standoff at Scarborough Shoal...part of the ruling says there's no jurisdiction because military ships were involved."

He stressed that the award is final, and that the Philippines has always hoped China "will abide as a member of the family of nations."

"Again, that will be a matter for the Philippine government, for our diplomats to meet the challenge of the response of China" Jardeleza said. "We will not preempt the executive department from getting all of the options." 

In August 2014, Rappler reported on deliberations by the Judicial and Bar Council (JBC), where Jardeleza, then applying as Supreme Court justice, was was accused of disloyalty and possibly committing a culpable violation of the Constitution.

 

Sources in the who are knowledgeable about what transpired during deliberations told Rappler he deleted a “portion” in the memorandum submitted by the Philippines to a United Nations-backed tribunal. 

 

The deleted portion, totaling 14 paragraphs, was reinserted at the last minute, but only after Justice Secretary Leila de Lima intervened and informed President Benigno Aquino III about it. 

 

Its deletion would have resulted in a “colossal mistake” undermining the country’s legal claim and territorial integrity, Rappler sources privy to the case said. (READ: The inside story: Jardeleza accused of disloyalty to PHRappler.com

 

20 dead in Italy head-on train crash

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TRAIN CRASH. A handout picture provided by the Italian Fire Brigade on July 12, 2016 shows the crash site where two trains collided on a single-track stretch between Ruvo di Puglia and Corato, southern Italy, July 12, 2016. Photo by Italian Fire Brigade/EPA

 

ROME, Italy (3rd UPDATE) – At least 20 people were killed Tuesday, July 12, in a head-on collision between two passenger trains in the southern Italian region of Puglia, in one of the country's worst rail accidents in recent years.

 

Emergency services raced to extract people from the wreckage of smashed carriages thrown across a single track into olive groves near the town of Andria, in what one witness described as an "apocalyptic scene".

 

Coffins were taken to the site near the city of Bari to carry away the first of the dead as 200 rescue workers sifted through the wreckage in temperatures reaching 40 degrees Celsius (104 degrees Fahrenheit)

 

"I saw dead people, others who were begging for help, people crying. The worst scene of my life," one policeman told journalists.

 

Vito Montanaro, director general of the Bari heath authority, said 20 people had died and 35 were injured, 18 of them critically.

 

"It was an enormous accident, a very violent crash," said Transport Minister Graziano Delrio, who arrived on at the scene along with two ministry inspectors to aid the investigation.

 

The collision happened on a bend in the track in open countryside and flung the front carriages of both trains into olive groves bordering the line, slinging bits of metal from the wreckage.

 

"It's an apocalyptic scene, it was hard not to vomit on first sight," said local journalist Lucia Olivieri who works for Andria Live.it, adding that rescue workers feared people may still be trapped.

 

Crumpled carriages

Riccardo Zingaro, head of traffic police in Andria, said the yellow and blue carriages of the commuter trains were "utterly crumpled".

 

Local hospitals issued a request on social networks for blood donors to come forward to help the injured.

 

Paramedics set up an impromptu medical centre among the olive trees, with three helicopters airlifting out the most seriously hurt victims, including one young boy.

 

There were also psychologists on hand to help survivors.

 

Many of the passengers on one of the trains had been students heading to lessons at the University of Bari and travellers on their way to Bari international airport.

 

Relatives had arrived at the scene looking for news of their loved ones.

 

'Moment for tears'

Investigators said at least one of the trains had been travelling very fast, and it was possible the collision was caused by human error.

 

One of the 4-carriage trains was supposed to have waited at a station for a green light before heading down the single track between the towns of Corato and Andria.

 

Prime Minister Matteo Renzi interrupted a speech in Milan to say the country would "not stop until we know what happened".

 

"This is a moment for tears in which we need to work to recover the victims and wounded," he added.

 

Renzi said he was returning immediately to Rome following the collision.

 

The trains were operated by private railway company Ferrotramviaria rather than the national railway operator Trenitalia.

 

Italy's last major transport incident in 2013 left 38 people dead after a coach ran off the road and plunged into a viaduct.

 

In 2009, 29 people died after a train carrying gas derailed, sparking an explosion. – Rappler.com

 

 

Wikileaks source Manning 'okay' after suicide attempt

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WASHINGTON, DC, USA – Imprisoned intelligence leaker Chelsea Manning has assured supporters she is "glad to be alive" after a suicide attempt.

The transgender soldier, who is serving a 35-year sentence for espionage and other offenses after admitting to handing classified documents to anti-secrecy website WikiLeaks, tweeted late Monday, July 11: "I am okay. I'm glad to be alive. Thank you all for your love. I will get through this. #standwithchelsea."

 

Manning's lawyers said they were out of contact with their client for more than a week before finally being able to speak with her on Monday.

"She remains under close observation by the prison and expects to remain on this status for the next several weeks," the lawyers said in a statement.

"For us, hearing Chelsea's voice after learning that she had attempted to take her life last week was incredibly emotional."

"She is someone who has fought so hard for so many issues we care about and we are honored to fight for her freedom and medical care."

The legal team criticized the government for a "gross breach of confidentiality" in disclosing Manning's health information to media.

The US Army said last Wednesday that Manning was briefly hospitalized, following media reports that she had attempted suicide.

Originally called Bradley, Manning was convicted in August 2013.

After sentencing, Manning announced she identified as female and later obtained legal authorization to change her name and receive hormone therapy.

She remains in a men's military prison in Kansas and is appealing her sentence. – Rappler.com

Singapore jails 4 Bangladeshis for terrorist financing

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UNDER GUARD. An armored police vehicle transporting 4 Bangladeshi nationals, prosecuted under a Singaporean anti-terror law, is seen leaving the State court in Singapore on July 12, 2016. Photo by Roslan Rahman/AFP

SINGAPORE – Four Bangladeshi workers accused of planning to join the Islamic State (ISIS) group were jailed for between two and 5 years in Singapore on Tuesday, July 12, for raising money to fund attacks in their homeland.

Muslim-majority Bangladesh has seen a spate of brutal attacks on secular bloggers and religious minorities recently, with gunmen killing 20 hostages – mainly foreigners – at an upmarket restaurant in the capital Dhaka earlier this month in an attack claimed by ISIS. 

District Judge Kessler Soh said in handing down the sentences that terrorism presents a "threat not just to our community but the international community at large".

Court documents said the men contributed, collected or possessed funds for the alleged plot ranging from Sg$60 ($44) to Sg$1,360 to help fund a terror campaign in their country.

The 4, who pleaded guilty and could have been jailed for up to 10 years, were the first to be convicted under a Singaporean law against terrorist financing.

"Terrorism financing and any act of supporting terrorism must be roundly condemned and deterred," the judge said.

Prosecutors said that while working in Singapore, mostly in construction, the 4 formed an organization called the Islamic State of Bangladesh "with a view to joining ISIS" later on.

They planned to overthrow the Bangladeshi government "by means of an armed struggle in order to establish part of the caliphate in Bangladesh", prosecutors added.

Alleged ringleader Rahman Mizanur, 31, was jailed for five years. He had tried several times to join IS in Syria but could not get visas to Turkey or Algeria, court documents showed.

Two others, Miah Rubel and Mohamad Jabath Kysar Haje Norul Islam Sowdagar, were each jailed for two-and-a-half years and the fourth, Sohel Hawlader Ismail, got two years.

Bangladesh denies ISIS has made inroads in the country, blaming attacks on homegrown extremist groups.

The men's actions, including meeting in parks to plan and recruit, "show that the offenses... were premeditated and carefully planned over a period of time", prosecutors said.

Singapore's interior ministry had earlier said that items seized from the men included manuals on bomb-making and how to use a 0.50 caliber sniper rifle, along with a list of Bangladesh government and military officials targeted for attack.

The 4 defended themselves during the trial as they were unable to afford their own counsel and people accused with terrorist financing do not qualify for legal aid from the state.

Speaking in court before he was sentenced, Mizanur expressed remorse and said he comes from a poor family with two children and a wife back home.

The men were among a second group of Bangladeshis rounded up in Singapore since 27 were arrested in late 2015, also over alleged plots in their homeland. All from the first group have since been deported.

Two from the second group have cases pending and two others have yet to be charged but are detained under a law which allows for detention without trial. – Rappler.com

How to enforce Hague ruling? PH lead counsel explains

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HISTORIC HEARINGS. The Philippines' lead counsel against China, Paul Reichler (right), confers with Philippine Foreign Secretary Albert del Rosario (1st from left) and Philippine Solicitor General Florin Hilbay (2nd from left) on the 1st day of hearings on the merits of the Philippines' case. Photo by Abigail Valte

MANILA, Philippines – Now that the Philippines won its historic case against China over the West Philippine Sea (South China Sea), the question is how to enforce this ruling given that there is no international police to do this.

The Philippines’ lead counsel against China, Paul Reichler, said that enforcement "will depend on the conduct of other affected states and the international community in general."

In a telephone conference with select journalists, Reichler explained, "It will depend to a great extent on how vigorously all of the affected states, all of the states which have been prejudiced by the 9-dash line, assert their rights against China."

The 9-dash line is China's demarcation to claim the West Philippine Sea.

An arbitral tribunal at the Permanent Court of Arbitration (PCA) on Tuesday said that "there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the '9-dash line.'"

In his telephone conference on Tuesday, Reichler explained that, by saying the words "vigorous" and "assert," he means vigorously asserting rights "diplomatically, legally, and above all peacefully."

'Not only a victory for the Philippines'

Reichler said: "If these other states stand up for their rights in the way that the Philippines has done, you'll get the situation where all of the neighboring states are insisting that China withdraw its illegal claims and respect their legal rights which have been defined and recognized and acknowledged today, because those states have the same rights as the Philippines."

Reichler pointed out that the ruling "is also a great victory for the other coastal states along the South China Sea, in particular Vietnam, Indonesia, and Malaysia."

He explained that "although the award is legally binding only on the two parties, China and the Philippines, it has very strong implications for other coastal states in the South China Sea."

Referring to Tuesday’s ruling, Reichler said, "We think that this is not only a victory for the Philippines. This is also a victory for the rule of law and international relations."

Reichler earlier said China runs the risk of being called an international outlaw.

"International pressure is the court’s only enforcement mechanism," the Asia Maritime Transparency Initiative said on its website. – Rappler.com

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