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Legal news from Sunday, May 25, 2008 |
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Former Congo rebel leader arrested in Belgium on ICC warrant
Andrew Gilmore on May 25, 2008 2:00 PM ET

[JURIST] Jean-Pierre Bemba [BBC profile; JURIST news archive], a former rebel leader in the Democratic Republic of Congo [JURIST news archive], was arrested [ICC press release] Saturday by Belgian authorities at his home outside of Brussels, after the International Criminal Court (ICC) [official website] issued a sealed warrant [PDF, in French; decision to unseal, PDF, in French] for his arrest on Friday. The ICC indicted Bemba for war crimes and crimes against humanity, which were allegedly committed in the Central African Republic (CAR) between October 2002 and March 2003. Prosecutors claim he is responsible for rape, torture, outrages upon personal dignity, and pillaging. Bemba's arrest warrant is the first issued by the ICC in its investigation of large-scale sexual offenses [ICC press release] in the CAR. AP has more.
Bemba was elected to the Congolese Senate after losing a run-off presidential election [JURIST report] to Joseph Kabila [BBC profile], who in December 2006 became the first freely-elected president of the DRC since 1960. After the election, Bemba's private militia force led a violent campaign against government troops until the DRC Supreme Court rejected his election challenge [JURIST report]. In the process, Bemba's supporters set fire to the Supreme Court building [JURIST report]. Following the clashes, the chief prosecutor of the DRC issued a warrant for Bemba's arrest [JURIST report], and he fled to Europe. A court in CAR referred the war crimes charges [JURIST report] for which Bemba was arrested Saturday to the ICC in April 2006.


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Pakistan governing party unveils constitutional reforms, warns lawyers
Bernard Hibbitts on May 25, 2008 11:46 AM ET

[JURIST] The leaders of Pakistan's governing Pakistan People's Party [party website] presented an anticipated [JURIST report] 62-point constitutional amendment package at a news conference Saturday, saying it would be presented to the country's parliament by the end of June. The package - an attempt at a political compromise - anticipates restoring all the superior court judges removed by President Pervez Musharraf under last November's declaration of emergency, provides new limits on judicial and presidential power, and enshrines constitutional protections for a more independent judiciary. According to Pakistan's Post newspaper, it includes the following specific provisions on the judiciary: - The retirement age of Supreme Court judges will be increased from 65 to 68 years, while the retirement age of High Court judges will be increased from 62 to 65 years.
- The tenure of chief justice of Pakistan will be limited to three years.
- Reinstated judges will take fresh oaths.
- The Chief Justice of Pakistan's powers to take suo motu action will be curtailed.
No members of the lawyers' movement - which has been calling for full restoration of the judges and the removal of Musharraf - were involved in drafting the package, and relations between their representatives and the PPP leadership appear to be strained. Pakistan's Dawn newspaper quoted PPP chief Asif Ali Zardari as saying Friday: "Dont coerce us and dont tell us how to conduct politics. Let us take our own decisions." On Saturday, the Post reported that the PPP's central executive committee had urged Aitzaz Ahsan [JURIST news archive], the head of Pakistan's Supreme Court Bar Association but also a PPP stalwart, to come down on one side or another [Post report]. Ahsan has already said that limiting the tenure of the chief justice would be unacceptable and characterized the constitutional amendments package as merely "suggestions." Dawn has more. The Post has additional local coverage.


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