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Legal news from Sunday, August 6, 2006




Humanitarian standards 'rolled back' in new war: UN child protection envoy
Kate Heneroty on August 6, 2006 2:02 PM ET

[JURIST] Radhika Coomaraswamy [official profile], the Sri Lankan human rights lawyer now serving as UN Special Representative of the Secretary-General for Children and Armed Conflict [official website], said in an interview with AFP published Sunday that UN officials are very concerned that a new form of warfare targeting civilian institutions and infrastructure exemplified in the Middle East conflict [JURIST news archive] between Israel and Hezbollah has "rolled back" progress in the development of humanitarian standards made since World War II and blamed politics for some of the difficulties the Security Council will face in taking action. Under the terms of UN Resolution 1612 [text, PDF], passed in June 2005, UN workers monitor children in conflict-ridden areas and can report offenders - including state and non-state parties - to the Security Council for potential punitive action.

The United Nations will release a report Monday detailing Israel's July 30th bombing of a residential building in the Lebanese village of Qana [JURIST report], which is now believed to have killed at least 16 children and 12 adults. In an August 1 statement [PDF], Coomaraswamy "strongly condemned" the strike, noting that "callous disregard for the lives of children has permeated this conflict from its start" and insisting:

We cannot roll back years of agreed standards of international protection. If we do so, no-one will emerge victorious. Time and time again, the world has united to protect children, and we must not fail them now.
AFP has more.






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Israelis hold Hezbollah guerilla suspected in abduction of soldiers
Kate Heneroty on August 6, 2006 12:26 PM ET

[JURIST] Israel has arrested a Hezbollah [US State Dept. backgrounder; BBC backgrounder] guerrilla who is believed to have taken part in the July 12 raid which captured two Israeli soldiers, Ehud Goldwasser [Wikipedia profile] and Eldad Regev [Wikipedia profile], the Israeli Army announced Sunday.

The Hezbollah member was captured in Lebanon and his involvement in the raid, which escalated the conflict involving Israel and Lebanon [JURIST news archive], became apparent after interrogation by the Israeli army. AP has more.






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Hong Kong passes contentious surveillance law
Kate Heneroty on August 6, 2006 11:42 AM ET

[JURIST] Hong Kong's Legislative Council [official website, in English] passed a controversial surveillance law 32-0 Sunday, despite more than five days of deliberations and a vote boycott by 25 members of the pro-democracy opposition. The Interception of Communications and Surveillance Bill [text, PDF] allows surveillance operations, including phone tapping and other measures, to be approved by judges appointed by Hong Kong's Chief Executive, prompting concerns about political bias. Critics have also expressed fears that the law allows the government to intercept conversations between lawyers and their clients and journalists and their sources.

In July, the Hong Kong Court of Final Appeal declared [decision text, in English] an executive order on covert surveillance unconstitutional, but granted lawmakers a brief period to devise a new law [JURIST report] before repealing the existing measure. The repeal was to take effect Tuesday. AP has more.






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Iran says it will continue to expand nuclear program by right
Brett Murphy on August 6, 2006 11:31 AM ET

[JURIST] Chief Iranian nuclear negotiator Ali Larijani [BBC profile] said Sunday that Iran will continue to expand its uranium enrichment program despite the UN Security Council resolution [JURIST report] setting an August 31 deadline for the country to halt nuclear activities. Larijani stated that "such resolutions won't have any impact on our behavior" and that Iran's expansion of its nuclear technology is within its legitimate right under the Nuclear Non-Proliferation Treaty (NPT) [text, PDF]. On Tuesday, Iranian President Mahmoud Ahmadinejad [official profile, English version; BBC profile] similarly dismissed the UN Security Council resolution [JURIST report] stating that "the peaceful use of nuclear fuel production technology" is Iran's "right." Larijani questioned the motives of the UN Security Council, stating that "They should know that such resolutions will not have any effect on our resolve and if they are after depriving Iran of nuclear technology, they are mistaken."

Resolution 1696 [text], adopted Monday by a 14-1 vote, allows the Security Council to impose sanctions on Iran if it does not abide by the August 31 deadline, but only after more discussion within the council. AP has more. From Iran, IRNA has local coverage.






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Hearing begins for US troops charged in Mahmudiya rape-murder case
Brett Murphy on August 6, 2006 11:00 AM ET

[JURIST] A military hearing for the five US Army soldiers now charged [JURIST report] in connection with the rape and murder of a 14-year-old Iraqi girl and the murder of her family in Mahmudiya [JURIST news archive] began Sunday with testimony by unidentified Iraqi witnesses. The Article 32 hearing [Navy JAG backgrounder] will determine whether there is enough evidence to hold a court-martial for the five soldiers. The hearings are expected to last several days, with many parts continuing in secret to protect the witnesses. The FBI alleges that on March 12 the soldiers drank alcohol, changed clothes, and went to the victims' house where they raped and murdered Abeer Qassim Hamza and murdered her family.

Former Pfc. Steven D. Greene pleaded not guilty [JURIST report] in federal court to murder and rape charges [complaint via FindLaw] in July. Greene faces charges in federal court because he was discharged from the Army due to a personality disorder before the Mahmudiya allegations arose. AP has more.






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Governors oppose letting president unilaterally federalize Guard in emergencies
Brett Murphy on August 6, 2006 10:36 AM ET

[JURIST] US governors attending the annual meeting of the National Governors Association [official website] that got under way Saturday in Charleston, South Carolina, are opposing a bill [NGA letter] in Congress that would allow the president to take over the National Guard [official website] without the consent of governors during emergencies. The House version [text] of the National Defense Authorization Act includes a measure removing the traditional requirement that the president gain the consent of governors before federalizing the Guard. Gov. Kathleen Blanco [official website] of Louisiana told reporters that "Federalization just for the sake of federalization makes no sense... Just making quick decisions can make things happen." Gov. Mark Sanford [official website] of South Carolina agreed, saying that "the idea of federalizing yet another function of government in America is a, the wrong direction, and b, counterproductive."

The proposal is a reaction to the chaos that ensued after the destruction caused by Hurricane Katrina [JURIST news archive] in Louisiana and Mississippi in 2005. The Senate has not yet voted on the bill. AP has more.






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Bolivia constitutional assembly set to start rewriting national charter
Kate Heneroty on August 6, 2006 10:32 AM ET

[JURIST] A Bolivian constitutional convention championed by President Evo Morales [BBC profile] was set to open Sunday with the goal of rewriting the country's constitution [text]. Morales and his Movement Towards Socialism party [party website, in Spanish; Wikipedia backgrounder] have urged constitutional changes designed to benefit the majority indigenous Indian population [JURIST report] and consolidate greater state authority to benefit poor Bolivians.

Because Morales' party failed to win the two-thirds majority [JURIST report] necessary to control the constitutional assembly, there will be some opposition from wealthier provinces within Bolivia [JURIST news archive] seeking autonomy and well as from others opposing Morales' policies. The 255 elected delegates will have up to one year to rewrite the existing constitution, which was adopted in 1967. AP has more. From La Paz, La Razon provides local coverage.






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Mexico presidential challenger vows protests after court rejects full recount
Brett Murphy on August 6, 2006 10:11 AM ET

[JURIST] Mexico leftist presidential candidate Andres Manuel Lopez Obrador [campaign website, in Spanish] has vowed to continue with street demonstrations after the Federal Electoral Tribunal [official website, in Spanish] on Saturday rejected his request for a full ballot-by-ballot recount [JURIST report] of all votes cast in the July 2 presidential election [JURIST news archive], which Obrador lost by less than a percentage point to conservative Felipe Calderon [campaign website, in Spanish]. Obrador slammed the seven judges' unanimous ruling, telling followers that "we're going to continue our movement of peaceful civil resistance...If they refuse to open all the polling stations and count all the votes, it is complete proof that we won the presidential election." Chief Judge Leonel Castillo in turn defended the decision [El Universal report], saying that fraud in the count was practically impossible because the people doing it were chosen at random.

The Mexican government has raised security at Mexico City international airport, power plants, and oil refineries fearing further civil unrest. Reuters has more.






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