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EU countries don’t have to pay compensation for polluted air, says ECJ

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EU countries don’t have to pay compensation for polluted air, says ECJ

European Union nations that fail to maintain air air pollution beneath agreed ranges would not have to supply monetary compensation to residents, the European Court docket of Justice dominated on Thursday.

The case was introduced ahead by JP — a resident of the Paris area — who claimed compensation from the French State for €21 million. He alleged that his well being has deteriorated since 2003 due to declining air high quality within the French capital.

He accused the nation’s authorities of failing to fulfil their obligations below EU regulation to make sure air air pollution is saved beneath a sure degree.

Beneath a 2008 EU directive, the every day imply of PM10 air pollution — small particles which are inhaled into the lungs and might trigger hostile well being results — can not exceed 50 micrograms per cubic metre greater than 35 occasions in a yr. The annual imply might not exceed 40 micrograms per cubic metre.

A number of EU nations, together with France, Poland and Italy, have been dragged in entrance of the ECJ by the European Fee lately over “systematic failure” to satisfy these EU guidelines.

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JP’s case had been referred to the ECJ by the Versailles Administrative Court docket of Attraction. 

In an opinion launched earlier this yr, an adviser to the ECJ had sided with the plaintiff, arguing that “an infringement of the restrict values for the safety of air high quality below EU regulation might give rise to an entitlement to compensation from the state”.

Advocate Basic Juliane Kokott famous nevertheless that governments might keep away from legal responsibility if they may show the air pollution limits would nonetheless have been breached if a enough air high quality plan had been in place.

However the ECJ broke with the recommendation, ruling that “European directives setting requirements for ambient air high quality will not be, as such, supposed to confer rights on people, the violation of which might give them a proper to compensation”.

It stated that people should “however be capable of receive from the nationwide authorities, presumably by bringing an motion earlier than the competent courts, that they undertake the measures required below the European directives, corresponding to an air high quality plan”.

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It added that legal responsibility might be incurred “on the premise of home regulation, below much less restrictive circumstances” and that home courts may also “subject injunctions accompanied by periodic penalty funds to make sure compliance by that State with its obligations below Union regulation”.

The newest figures from the European Surroundings Company present that air air pollution causes greater than 300,000 untimely deaths a yr — a pointy decline from the roughly a million untimely deaths that have been attributable to superb particulate air pollution within the early Nineties.

The report discovered that if the newest air high quality tips from the World Well being Organisation (WHO) have been adopted, the variety of fatalities may very well be reduce in half.

The European Fee proposed in October to replace its air air pollution directive with stricter tips to align extra carefully with WHO requirements and obtain zero air pollution for air by 2050 on the newest. 

Beneath the proposal, the annual restrict worth for the primary pollutant — superb particulate matter (PM2.5) — is proposed to be reduce by greater than half whereas individuals struggling well being damages from air air pollution would have the correct to be compensated within the case of a violation of EU air high quality guidelines or be represented by non-governmental organisations via collective actions for harm compensation.

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Protesters block New Caledonia roads as French police pour in

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Protesters block New Caledonia roads as French police pour in
A thousand police arrived in New Caledonia from France and the streets were relatively calm after a week of unrest, the French High Commission said on Monday, but roads were blocked by protesters and the airport remained shut, stranding tourists.
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Ex-Israeli PM calls for defunding ICC after court requests arrest warrant for Netanyahu over ‘war crimes’

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Ex-Israeli PM calls for defunding ICC after court requests arrest warrant for Netanyahu over ‘war crimes’

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Former Israeli Prime Minister Naftali Bennett on Monday called for “decent nations” to defund the International Criminal Court (ICC) after a court prosecutor filed applications for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant and Hamas leaders for alleged “war crimes.” 

Prosecutor Karim Khan said his office had collected evidence to give “reasonable grounds” to believe Netanyahu and Gallant “bear criminal responsibility for… war crimes and crimes against humanity committed on the territory of the State of Palestine.” 

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Khan said those alleged crimes include “starvation of civilians as a method of warfare” and “intentionally directing attacks against a civilian population.”  

He said he is also seeking arrest warrants for Hamas leader Yahya Sinwar, its top political leader Ismail Haniyeh, and its military commander Mohammed Deif. 

AMAL CLOONEY PLAYED KEY ROLE IN ICC ARREST WARRANTS FOR NETANYAHU, HAMAS LEADERS

Former Prime Minister of Israel Naftali Bennett speaks at the “Bring Them Home” rally in support of Israeli hostages outside the UN Headquarters on April 07, 2024 in New York City. (Noam Galai/Getty Images)

Bennet said the prosecutor’s request was “a moment of shame for the ICC and the world community” and provided “a huge boost to global Jihadi terror.”

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“An ICC that compares the executor of a deliberate murderous attack that included raping women and burning babies, with those who are defending themselves against it, is better off not existing,” Bennett said. “It’s time for the decent nations to defund the ICC.” 

He included the hashtag: “DefundTheICC.”

Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic. U.S. President Joe Biden also lambasted the prosecutor and supported Israel’s right to defend itself against Hamas.

A panel of three judges will decide whether to issue the arrest warrants and allow a case to proceed. The judges typically take two months to make such decisions.

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Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Fox News Digital’s Greg Norman and The Associated Press contributed to this report.

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‘Lone wolf’ or JI?: Jemaah Islamiyah confusion after Malaysia attack

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‘Lone wolf’ or JI?: Jemaah Islamiyah confusion after Malaysia attack

Medan, Indonesia – Malaysia has been the target of a rare deadly attack after a man armed with a machete struck a police station in southern Johor state, killing two police officers and injuring a third.

Initially, Malaysian police said they suspected Friday’s incident was linked to the hardline group Jemaah Islamiyah (JI) and was probably an attempt to steal weapons. Speaking to the media after the attack in the town of Ulu Tiram, Inspector General of Police Razarudin Husain said police raided the suspect’s house and discovered “JI-related paraphernalia”.

Five members of his family were arrested, including the suspect’s 62-year-old father, who police said was a “known JI member”. Two other people, who were in the police station making a report at the time of the attack in the early hours of Friday morning, were also detained.

But on Saturday, Malaysia’s Minister of Home Affairs Saifuddin Nasution Ismail appeared to backtrack on the JI connection, describing the attacker as a “lone wolf” who was “driven by certain motivations based on his own understanding because he rarely mixed with others”.

Former members of JI in Indonesia told Al Jazeera that an attack by the group on Malaysian soil seemed unlikely.

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Speaking from prison in Indonesia’s capital Jakarta, where he is serving a life sentence for his role in JI’s 2002 Bali bombing, which killed more than 200 people, Ali Imron told Al Jazeera that JI’s profile in Malaysia did not seem to fit the police station attack.

“There have never been any JI members in Malaysia who agreed to commit acts of violence like this,” he said. “Before the Bali bombing, there were attacks in Malaysia, but these were committed not by JI but Kumpulan Mujahidin Malaysia [KMM].”

KMM, a hardline group linked to JI, carried out small-scale attacks in Malaysia in the early 2000s.

Rueben Dass, a senior analyst at the S Rajaratnam School of International Studies in Singapore, noted that JI had never previously mounted attacks in Malaysia.

“Malaysia was always considered an economic region for JI, not the focus of attacks,” he told Al Jazeera. “The Malaysian authorities were always vigilant and aware, particularly after KMM became active. They have been on their toes and carried out a wave of arrests in the early 2000s of JI members.”

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Since then, he said, JI had maintained a low profile.

“To see them coming up again is a little surprising,” he added.

Indonesia, which saw a spate of JI attacks in the late 1990s and early 2000s – including attacks on churches on Christmas Eve 2000, the Bali bombings and the 2003 attack on Jakarta’s JW Marriott Hotel – has also been largely successful in clamping down.

In 2003, with funding and training from the United States and Australia, it established the Counterterrorism Special Detachment 88 (Densus 88), and later set up a National Counterterrorism Agency (BNPT).

Indonesian authorities have also pioneered a range of deradicalisation programmes, using former members of hardline groups including JI, with recidivism rates at about 11 percent, according to the Institute for Policy Analysis of Conflict, a Jakarta-based think tank.

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History of JI

JI was founded by Indonesian Muslim scholar Abu Bakar Bashir and Abdullah Sungkar in 1993, with a mission to establish an Islamic caliphate across Southeast Asia.

The group has historically been linked to al-Qaeda, from which it reportedly received funding and training in the 1990s and early 2000s. It has had members in Indonesia, Malaysia, Singapore, Cambodia and the Philippines.

JI was officially banned in Indonesia in 2007, leading to the group splintering. Some members focused on dakwah or proselytisation, while others continued to plot violent attacks. Arrests have continued across the region with members accused of stockpiling weapons and bomb-making equipment.

According to open source data, between 2021 and 2023, out of 610 people arrested In Indonesia, 42 percent were JI and 39 percent were from other hardline groups – including Jamaah Ansharut Daulah (JAD) and other pro-Islamic State groups.

The majority of JI senior figures have been either executed, shot dead in police raids or jailed.

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The 2002 attack in Bali, which killed more than 200 people, shocked Southeast Asia [File: AP]

Both Bashir and Sungkar lived in Malaysia in the 1980s and 1990s, in addition to senior members such as Indonesian Encep Nurjaman (alias Hambali) and Malaysians Noordin Mohammed Top and Azahari Husin. Ali Ghufron (alias Mukhlas), Amrozi bin Nurhasyim and Imam Samudra, the masterminds of the Bali bombing, also spent time in Malaysia.

Hambali was arrested in Thailand in 2003 and is currently awaiting trial at Guantanamo Bay in Cuba, while Samudra, Amrozi and Mukhlas were executed in 2008. The two Malaysians were shot in separate police raids in Indonesia in 2005 and 2009.

Before his death, Noordin ran the Luqmanul Hakiem Islamic boarding school in Malaysia, which was founded by Bashir and Sungkar and was in Ulu Tiram, close to the home of the suspect of Friday’s attack.

Malaysia closed the school in 2002 amid suspicions it was being used to recruit people to JI.

Style of attack

While the profile of the suspect’s father, and the proximity to Luqmanul Hakiem, might have suggested a JI connection, Imron cautioned against such an analysis.

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“If the son followed his father, there is no way he would have committed this act, so there is a strong possibility that he was inspired by ISIS [ISIL],” Imron said, suggesting the Malaysian authorities had “jumped to that conclusion.”

Umar Patek, who was released from prison in 2022 after serving 11 years of a 20-year sentence for mixing some of the chemicals used in the Bali Bombing, told Al Jazeera that he “did not believe” that the attacker was a member of JI and agreed that the attack appeared to have the hallmarks of another group.

“I am very doubtful,” he said. “I don’t understand it, especially carrying out a violent attack. It is impossible in my view that it was JI, but it is possible that it was ISIS.”

The style of the attack has added to the scepticism, as the targeting of a police station and Muslim police officers is inconsistent with JI’s attacks in Indonesia. There, it has been ISIL-inspired hardline groups, including JAD, that have attacked police stations, seeing them as representative of the state.

Soldiers walking through the jungle in Indonesia. They are armed. There is dense foliage around.
Indonesia and Malaysia cracked down on the group after a spate of deadly attacks in the early 2000s [File: Suparta/AFP]

Judith Jacob, the head of Asia for the risk analysis and intelligence company Torchlight, told Al Jazeera that the most unusual aspect of Friday’s attack was the location.

“While Malaysian militants have been key figures in JI and Philippine-based groups, there are few indications of sophisticated plots targeting Malaysia specifically in recent years,” she said.

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However, while Malaysia and Indonesia have not seen anything like the levels of violence of the early 2000s, attacks have not been completely eradicated – with a pattern of more opportunistic and low-level violence emerging.

“The attack in Malaysia remains squarely within the wheelhouse of regional Islamist militant groups – that is to say, it is a relatively unsophisticated assault,” Jacob said.

“Indonesian groups, in particular, have been largely unable to conduct the large-scale attacks or coordinated bombings that were a hallmark of JI in its heyday in the 2000s. Militant groups in the Philippines are more capable, but they too have been unable to conduct sophisticated bombings beyond the southern islands.”

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