Jurist

ICC prosecutor seeks Qaddafi arrest warrant for crimes against humanity

The International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo announced May 16 that he is seeking arrest warrants for Libyan leader Moammar Qaddafi and two others in his "inner circle" on charges of crimes against humanity. Ocampo said his office has gathered evidence that Qaddafi, his son Saif al-Islam and his brother-in-law Abdullah al-Sanussi plotted together to orchestrate attacks on civilians. He said al-Islam was acting as a "de facto Prime Minister" and called al-Sanussi, Qaddafi's "right-hand man" and "executioner." Ocampo said his office was almost prepared for trial, having collected quality testimony from some who have fled Libya. Ocampo said:

Georgia governor signs "Arizona style" anti-immigration bill

Georgia Gov. Nathan Deal signed into law on May 13 an "Arizona style" anti-illegal immigration bill, HB 87, that allows law enforcement officers to ask about immigration status when questioning suspects in criminal investigations. The law also imposes fines and prison sentences of up to one year for anyone who knowingly transports illegal immigrants during the commission of a crime, and requires businesses to use the federal E-Verify system to check the immigration status of potential employees, providing that workers convicted of using fake identification to gain employment could face up to 15 years in prison and $250,000 in fines. A CNN report described the measure as "one of the toughest anti-illegal immigration measures enacted by an individual state." In addition to demonstrations outside the capitol, the legislation has drawn threats of both lawsuits and boycotts, as have similar recent measures in other states.

Amnesty International accuses Qaddafi forces of war crimes

Amnesty International (AI) accused forces loyal to Moammar Qaddafi of committing war crimes in Misrata in a report issued May 5. According to the report, Qaddafi's troops have employed excessive use of lethal force against unarmed protesters, turned sniper fire on civilians in residential areas of the city, and deliberately used civilians as "human shields." "Shielding," AI asserted, "is a violation of international humanitarian law and constitutes a war crime." Additionally, according to AI, Qaddafi's forces used cluster munitions, which are heavily criticized by international observers and have been the subject of international eradication efforts. Misrata appears to be targeted as a result of its declaration in February of allegiance to opposition forces. While many have been able to escape the widespread violence, those left behind continue to suffer:

Egypt: prosecutor orders Mubarak to prison hospital

Egyptian public prosecutor Abdel-Maguid Mahmoud on April 25 ordered ousted president Hosni Mubarak transferred from a private hospital in Sharm el-Sheikh to a prison hospital in Cairo. Mahmoud ordered the transfer after Mubarak's doctor cleared him to travel. Mubarak was hospitalized for heart trouble shortly after his resignation. Prosecutors have urged Mubarak's transfer so that he may be questioned by officials about allegations ranging from embezzlement to murder. The Egyptian Ministry of Interior will oversee Mubarak's transfer first to a military prison and then to the hospital in Tora Prison where he will be held for questioning.

WikiLeaks releases classified Gitmo documents

WikiLeaks on April 24 began publishing "The Guantanamo Files," a collection of more than 700 classified documents relating to the evidence against and treatment of almost all detainees held at Guantánamo Bay between 2002 and 2008. The documents—detailing things such as the circumstances of detention, the evidence justifying detention, detainee risk evaluations, and the decision process of which detainees to transfer, hold, or release of 758 of the 779 total detainees—were published in part on the WikiLeaks website and released to media outlets. According to the media outlets that have analyzed the documents, they reveal that 220 "high value" al-Qaeda operatives had been held at Guantánamo, in addition to 150 who had been held for years without significant evidence against them. The documents also detailed the practice of US forces detaining people in Afghanistan based on their wearing a particular model of watch that is known to be used by al-Qaeda leaders. Additionally, 20 juveniles were held at the detention facility, including Omar Khadr, who was classified as a high value detainee by the Obama administration and agreed to a plea agreement after eight years in detention.

Human Rights Watch urges UAE to reverse dissolution of civil rights group

Human Rights Watch (HRW) on April 22 urged the government of the United Arab Emirates (UAE) to reverse its decision to dissolve the board of directors of a prominent civil rights group. UAE social affairs minister, Mariam Mohammed Khalfan Al-Roumi, dismissed the elected board members of the Jurist Association civil rights group and appointed state officials in their stead. The decree dismissing the board members alleged that the Jurist Association violated UAE's recently enacted laws that prohibit nongovernmental organizations and its members from interfering "in politics or in matters that impair State security and its ruling regime." Al-Roumi issued the decree in response to a petition filed by the Jurist Association, other nongovernmental organizations, and hundreds of UAE citizens seeking political reform. The petitioners are calling for increased representation in the UAE government and Federal National Council, the country's legislative body.

Accused USS Cole bomber to be tried in military court

The US Department of Defense (DoD) announced April 20 that high-value Guantánamo Bay detainee Abd al-Rahim al-Nashiri will be subject to capital charges and tried in a military court. According to the Pentagon, the chief prosecutor for the DoD's Office of Military Commissions plans to charge al-Nashiri with orchestrating the 2000 attack on the USS Cole that left 17 dead and 40 injured. The office will also bring charges in connection with an attack that same year on a French oil freighter that claimed the life of one crewmember and spilled 90,000 barrels of oil into the Gulf of Aden.

Supreme Court hears arguments in global warming case

The US Supreme Court heard oral arguments April 19 in American Electric Power Co. v. Connecticut regarding whether electric utilities contributed to global warming. The court is being asked to decide (1) whether states and private parties have standing to seek judicially-fashioned emissions caps on five utilities for their alleged contribution to harms claimed to arise from global climate change caused by more than a century of emissions by billions of independent sources; (2) whether a cause of action to cap carbon dioxide emissions can be implied under federal common law where no statute creates such a cause of action, and the Clean Air Act speaks directly to the same subject matter and assigns federal responsibility for regulating such emissions to the Environmental Protection Agency; and (3) whether claims seeking to cap defendants' carbon dioxide emissions at "reasonable" levels, based on a court's weighing of the potential risks of climate change against the socioeconomic utility of defendants' conduct, would be governed by "judicially discoverable and manageable standards" or could be resolved without "initial policy determination[s] of a kind clearly for nonjudicial discretion."

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