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Legal news from Sunday, September 11, 2005 |
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UN reform negotiations continue as summit deadline nears
Jeannie Shawl on September 11, 2005 2:27 PM ET

[JURIST] Last-minute talks continued Sunday at the UN as an intergovernmental negotiating group [JURIST report] struggled to finalize a text to be submitted to the UN's 2005 World Summit [official website], scheduled to begin Wednesday. The group is working to prepare a platform of agreed UN reforms [UN materials], but UN diplomats have said that proposed amendments by the US [JURIST report; US mission to the UN materials] advanced several weeks ago have opened the door to other late requests from Pakistan, Iran, Egypt, Cuba and India. The world's heads of state are due to consider several key UN reforms at next week's summit, including expansion of the Security Council and reworking the UN structure to better address human rights and terrorism. Competing proposals on Security Council expansion [AFP report] have been circulated with no clear indication of which will be endorsed at the summit. Brazil, Germany, India and Japan have proposed [JURIST report] that the 15-member Security Council be expanded to include 25 countries; this would add six permanent seats, who would not have veto power, and four non-permanent seats. The African Union is pushing a different proposal [JURIST report] - one that would add two permanent seats with veto rights and five non-permanent seats. UN Secretary-General Kofi Annan has said that a deal on the Security Council will not be reached before next week's summit, but that he hopes there will be an agreement by the end of the year. Sunday's Boston Globe has more.


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Israeli government votes to end Gaza occupation, but keeps synagogues standing
Jeannie Shawl on September 11, 2005 10:46 AM ET

[JURIST] The Israeli Cabinet voted Sunday to leave Gaza, the last formality in Israeli withdrawal [IDF materials] from the region before handing over control to the Palestinian Authority (PA) [official website]. However, the Cabinet also voted against demolishing 20 synagogues [Haaretz report] still standing in the Gaza Strip [Wikipedia backgrounder], a move which PA officials say could delay IDF withdrawal [Haaretz report]. An Israeli High Court ruling Thursday had authorized the destruction of Gaza synagogues that could not be dismantled [JURIST report], but Israeli Prime Minister Ariel Sharon postponed the implementation of that ruling Thursday night pending today's Cabinet session. Meanwhile, Israeli Defense Force officials said that Sunday's handover ceremony had been canceled, citing PA refusal to attend [IPC release].
Even after the pullout of Israeli forces from Gaza, the area's legal status as occupied territory remains unclear [Reuters report]. Israel has said that there will be an end to military rule in Gaza, but Palestinians say that the occupation will not completely end until Israel gives up control of the area's air space, sea lanes and border crossings. There has long been debate over whether the Gaza strip is an occupied territory - defined by Article 42 of the 1907 Hague Regulations [text] as territory "actually placed under the authority of the hostile army." Israel has maintained that the region has been held "in dispute" and has not been under occupation and has also argued that the Fourth Geneva Convention [text], which outlines an occupier's responsibilities to citizens of that territory, does not govern because the Geneva Convention is an agreement between states and the PA is not a recognized state. AP has more.
4:34 PM ET - The BBC is reporting that Palestinians will demolish the synagogues in Gaza after the Israeli army withdraws, according to a Palestinian interior ministry spokesman.


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