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Legal news from Sunday, December 28, 2008 |
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UN rights chief urges Israel to respect international law amidst Gaza violence
Benjamin Klein on December 28, 2008 6:55 PM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] Sunday condemned [statement text] what she called Israels disproportionate use of force against Hamas targets in Gaza and urged the Israeli government to uphold international humanitarian law principles, especially those relating to proportionality in the use of military force and the prevention of collective punishment and the targeting of civilians. Pillay's call follows two days of Israeli airstrikes that have killed 270 people and wounded more than 600, including many civilians, according to a UN report [text].
Last week, militants in the Hamas-ruled Gaza Strip fired more than 80 rockets and mortars into southern Israel [AFP report], hitting private residences, public buildings, offices, and other populated areas. The Israeli government responded by filing two letters of complaint [text; second letter text] with UN Secretary-General Ban Ki-moon and warned militants that they would pay a "heavy price" [AP report] if attacks continued. Both letters of complaint, sent by Permanent Representative of Israel to the United Nations Gabriel Shalev, cited Article 51 [text] of the United Nations Charter, which provides that a Member-State may act in self-defense in the face of an armed attack until the UN Security Council has taken the steps necessary to maintain international peace and security. Member-states invoking Article 51 are nonetheless bound by principles of customary international law, including the principles of necessity and proportionality.


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Taiwan appeals court bars release of ex-president charged with corruption
Benjamin Klein on December 28, 2008 12:06 PM ET

[JURIST] The Taiwan High Court [official website] on Sunday overruled a district court decision to release former Taiwanese president Chen Shui-bian [BBC profile; JURIST news archive] pending his trial on corruption charges, citing risks of flight, collusion and interference with other witnesses. The Taipei district courts decision to release Chen was originally overruled on December 17 by the High Court. Sundays reversal was a response to a second ruling by the district court, on December 25, to release Chen without bail on his own recognizance. The former president was indicted by Taiwanese prosecutors [JURIST report] earlier this month on charges of corruption, including embezzlement, receiving bribes, forgery, and money laundering. His wife, his son and daughter-in-law, three former presidential aides, and eight other associates and family members were also indicted.
Chen has been detained since his November arrest [JURIST report] on suspicion of embezzling money from the state affairs fund. While in prison, Chen later went on a hunger strike and was hospitalized [JURIST reports]. Chen, the former leader of the now-opposition Democratic Progressive Party (DPP) [party website, in Mandarin] who resigned the presidency in May 2008, has maintained his innocence and has said that the investigation of his conduct is a political attack by members of the ruling Kuomintang Party [party website]. Chen spent eight months in prison twenty-one years ago for defaming Nationalist leaders. In September, he was cleared [JURIST report] on more recent defamation charges.


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