[JURIST] Eric Holder [professional profile], Deputy US Attorney General [archive materials] during the Clinton administration, has been asked and has agreed to serve as US Attorney General for the incoming administration of now President-elect Barack Obama, according to media reports citing unnamed sources late Tuesday. If officially nominated and if confirmed by the Senate, Holder would be the first African-American to lead the Justice Department. Holder led Obama's VP candidate selection team during the presidential campaign. He is a partner at Covington & Burling [firm website] in Washington DC.

Before becoming Deputy US Attorney General in 1997, Holder was an Associate Judge of the Superior Court of the District of Columbia and was later nominated by President Clinton to be United States Attorney for the District of Columbia. During his tenure as Deputy Attorney General, according to Holder's Covington profile,

the Department developed and issued its guidelines on the criminal prosecution of corporations (the so called "Holder Memorandum") and issued guidelines on the use of the False Claims Act in civil health care matters. A task force he created also developed the existing regulation concerning the appointment of special counsels to investigate allegations involving high-level federal officials. He began the Department's Children Exposed to Violence Initiative and made Department priorities enforcement efforts in health care fraud, computer crimes and software piracy.

[JURIST] Two alleged Bosnian war criminals were arrested [Reuters report] Tuesday on orders from the Court of Bosnia and Herzegovina [official website]. Radivoje Lalovic and Soniboj Skiljevic are charged with war crimes allegedly committed during the 1992-1995 siege of Sarajevo [UN backgrounder], when both men worked in the Kula prison. They are accused of committing multiple ethnically-motivated crimes, including unlawful killings, detentions, torture, and inhuman treatment, among others.

Lalovic and Skiljevic are just two of the many charged by the International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] for their alleged involvement in the siege. They are low-level compared to Stanislav Galic [ICTY materials; JURIST report] and Ratko Mladic [ICTY materials; JURIST news archive], who have also been accused of participating in the 43-month-long conflict, during which an estimated 14,000 people were killed.

[JURIST] The International Criminal Court (ICC) [official website] on Tuesday lifted a suspension [press release; AFP report] imposed on the trial of Congolese ex-militia leader Thomas Lubanga [ICC materials; BBC profile] after prosecutors in the case agreed to share [filing, PDF] as-yet undisclosed evidence with the court. In June, the ICC had imposed an indefinite stay [order, PDF; JURIST report] on Lubanga's war crimes trial after accusing the prosecution of using confidentiality agreements as an excuse for withholding possibly exculpatory evidence. The court subsequently ordered Lubanga's release but later stayed [JURIST reports] that decision. After reviewing the documents, the court stated on Tuesday that it is no longer concerned that the information could be used in Lubanga's defense, and added that it would later issue a written decision to explain its reasoning in full. The court also denied [press release] a pending request for Lubanga's release in light of the developments. Lubanga's trial is now tentatively scheduled to begin on January 26, 2009.

Once the leader of the Union of Patriotic Congolese [GlobalSecurity backgrounder], Lubanga is charged with using child soldiers [JURIST report; BBC report] in his militia, which is believed to have committed large-scale human rights abuses in Congo's violent Ituri district [HRW backgrounder]. He became the first war crimes defendant to appear before the ICC after he was taken into custody [JURIST reports] in March 2006. Lubanga's long-delayed trial [JURIST report] is scheduled to be the ICC's first since its creation in 2002.

[JURIST] California Attorney General Jerry Brown [official website] on Monday urged [press release] the state Supreme Court [official website] to review the petitions [materials; JURIST report] raised in reference to the recent passage [results; JURIST report] of Proposition 8 [text, materials], the voter initiative that amended the state constitution [text] to make same-sex marriage illegal in California. The filing comes after weeks of protests [NYT report; JURIST report] against the initiative. In a preliminary response [text, PDF] submitted to the Court, Brown argued that "the petitions raise issues of statewide importance, implicating not only California's marriage laws but also the initiative process and the Constitution itself." The New York Times has more. AP has additional coverage.

Advocacy groups Lambda Legal, the American Civil Liberties Union (ACLU), and the National Center for Lesbian Rights (NCLR) [advocacy websites] filed a writ petition [text, PDF] last week seeking to invalidate the Proposition 8 amendment. They argue that the new amendment is significant enough to require approval by the State Legislature [official website]. Several other petitions were also filed. The Anti-Defamation League filed a letter [text, PDF] in support of the petition, along with other advocacy groups. There is no time limit for the court in deciding whether to take the cases.

[JURIST] Iraqi human rights activists are concerned about the treatment of detainees due to be transferred from US military custody to Iraqi authorities under the proposed Status of Forces Agreement (SOFA) [CFR materials; McClatchy translation], according to an IRIN report [text] Monday. The pact, approved the Iraqi cabinet [JURIST report] on Sunday and awaiting approval from the country's parliament, calls for roughly 17,000 detainees to be turned over within 24 hours [IRIN report] of its acceptance. Iraqi Minister of Women's Affairs Nawal al-Samaraie, the only cabinet member who voted against the agreement [AP report], said detainees who are not charged with a specific crime should be released. The Iraqi parliament began SOFA hearings [UPI report] on Monday, with a final vote expected sometime after November 24.

Earlier this month, Iraqi Sunni Vice President Tariq al-Hashemi called for a national referendum [JURIST report] on the agreement. Last month, Human Rights Watch called for a provision [JURIST report] in the agreement to shield detainees from being transferred in order to prevent their torture. In August, officials for Iraq's Human Rights Ministry said they planned to prosecute [JURIST report] those suspected of torturing inmates of the country's prison system.

[JURIST] Over 100 retired admirals and generals of the United States military called Monday for a repeal of the "Don't Ask, Don't Tell" policy [USC text; HRC backgrounder] regarding homosexuals in the armed forces. The controversial policy requires the dismissal of openly gay or lesbian service members. The statement [text] was released by Admiral Charles Larson [professional profile] and was distributed by The Palm Center [website], a University of California Santa Barbara public policy think tank. The statement concludes that:

[R]epealing the "don't ask, don't tell" policy would not harm and would indeed help our armed forces. As is the case with Great Britain, Israel, and other nations that allow gays and lesbians to serve openly, our service members are professionals who are able to work together effectively despite differences in race, gender, religion, and sexuality. Such collaboration reflects the strength and the best traditions of our democracy.

[JURIST] UN envoy to Iraq Staffan de Mistura praised [press release; UN News Centre report] the country's new Independent High Commission for Human Rights (IHCHR) on Monday, calling it a "milestone" for human rights in the region. The IHCHR was instituted on Sunday by the Iraqi Council of Representatives [official website, in Arabic] and is mandated by the Iraqi Constitution [text]. The new body will focus on civil, cultural, economic, political and social human rights. Staffan, the Secretary General’s Special Representative (SRSG), added that:

The Independent High Commission for Human Rights...will further on-going efforts of those already involved such as the Ministry of Human Rights, law enforcing agencies, the Council of Representatives, the Judiciary and civil society organizations.

[JURIST] The UK's former senior law lord Thomas Bingham [Times profile] on Monday criticized [press release] official UK legal justifications given for the 2003 US and UK invasion of Iraq, saying it was "a serious violation of international law and of the rule of law." Bingham focused [BBC report] on legal advice [original, PDF; published text] that then-Attorney General Lord Peter Goldsmith [BBC profile] gave to the British government in March 2003, in which Goldsmith argued that Iraq's failure to comply with weapons limitations imposed by UN Security Council Resolution 1441 [text] allowed the use of force against the country under a preexisting resolution [UN Res. 678 text]. Bingham said Goldsmith's analysis was flawed [Telegraph report] because it was not clear that Iraq had violated the terms of the resolution, and said the reasoning was merely a cover used to circumvent UN authority. Bingham ventured that this, along with US decisions on the detention and treatment of detainees at Guantanamo Bay [JURIST news archive], were part of a trend by powerful countries to avoid international conventions while continuing to impose them upon others. Goldsmith has defended his earlier reasoning, saying that Bingham had not considered the full context in which the resolutions were drafted.

The memorandum containing Goldsmith's advice on the invasion has long been a subject of debate. In March 2005, the UK Bar Council began an investigation [JURIST report] into the legality of Goldsmith's advice. The British government had originally refused to release the document, but later agreed to release it after earlier releasing a redacted form [JURIST reports] of Goldsmith's reasoning.

[JURIST] Officials from the administration of US president-elect Barack Obama [transition website] will likely not prosecute Americans who approved or actually carried out the torture or other harsh interrogation of terrorism suspects, according to an AP report [text] published Monday. The adoption of such a policy would be in line with plans [Salon report] expressed earlier in the presidential campaigns. During an April 2008 interview with a reporter from the Philadelphia Daily News, Obama said [transcript]:

[T]his is an area where I would want to exercise judgment -- I would want to find out directly from my Attorney General -- having pursued, having looked at what's out there right now -- are there possibilities of genuine crimes as opposed to really bad policies. And I think it's important-- one of the things we've got to figure out in our political culture generally is distinguishing between really dumb policies and policies that rise to the level of criminal activity.

[JURIST] US Marine Col. Ralph Kohlmann [JURIST news archive] announced Monday that his retirement from the post of chief judge of US military commissions [DOD materials; JURIST news archive] will be effective immediately. Kohlmann initially announced his retirement [JURIST report] in September, but said then that it would not be effective until April 2009. According to an AFP report [text], Kohlmann decided to step down from the military commissions cases because the trials would still not be finished at the time of his planned retirement. Kohlmann has reportedly chosen Army judge Col. Stephen Henley [DOD biography, PDF] to replace him. The American Civil Liberties Union (ACLU) [advocacy website] questioned Kohlmann's move [press release], and ACLU Executive Director Anthony Romero said:

The timing of the announcement to replace the military commission judge on the 9/11 cases is highly suspect and disturbing. We cannot allow the Bush administration to sabotage President-elect Obama's plans by ramming through these cases in its last days while the new administration is making plans to dismantle the military commission system.

[JURIST] An Irish Times poll [report] published Monday suggests that 52.5 percent of Irish voters would approve the Treaty of Lisbon [text; EU backgrounder] if it were modified so that Ireland kept a European Union (EU) [official website] Commissioner and clarified Irish concerns over neutrality, abortion, and taxation. The poll has a margin of error of 3 percent, and broadly reaffirms the results of previous polls showing opinions on the European reform pact [JURIST news archive] were divided on the issue by social class. In June, 53.4 percent of Irish voters rejected the treaty [JURIST report] in a referendum. A July think tank poll showed that most Irish voters opposed a second referendum [JURIST report]. Ireland has been the only nation to hold a referendum to approve the Lisbon Treaty.

The Treaty of Lisbon was signed [JURIST report] by the 27 members of the EU in December 2007 to replace the EU constitution [JURIST news archive] that failed to pass previously because France and the Netherlands did not approve it. To date, 20 EU member nations have formally endorsed the Treaty [EU report]. All EU nations must ratify for it to take effect. Several countries, including Poland and Austria, have delayed ratifying the Treaty discouraged by the failed Ireland referendum. The Netherlands and France [JURIST report], however, have continued to push for ratification.

[JURIST] US president-elect Barack Obama [transition website] has reportedly selected [Washington Post report] Gregory Craig [professional profile] to serve as White House counsel. Craig, who was an adviser to Obama during the presidential campaign, led former President Bill Clinton's defense during his 1998 impeachment proceedings [PBS materials; JURIST materials]. In 2000, Craig represented the father of Elian Gonzalez [BBC backgrounder] in his successful effort to gain custody of his son and bring him back to Cuba from the US. In 1981-82, Craig defended John Hinckley [PBS profile], who was accused of an assassination attempt on former President Ronald Reagan. As White House counsel, Craig will succeed Fred Fielding [White House statement], who has served as President George W. Bush's counsel since January, following the resignation of erstwhile US Supreme Court nominee Harriet Miers [official profile] in 2007. Miers succeeded Bush's initial White House counsel, former Attorney General Alberto Gonzales [official profile].

Several high-profile legal issues await Craig at the White House. Last week, advisers to Obama emphasized [JURIST report] that he had not made a decision regarding the future of the military prison camp at Guantanamo Bay. John Podesta, co-chair of Obama's transition team, has said Obama is making plans to issue executive orders [JURIST report] to reverse some policies implemented during the Bush administration, including limitations on stem cell research and expansion of domestic drilling for oil and gas.