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Legal news from Sunday, March 1, 2009




UN Hariri tribunal begins work at The Hague
Devin Montgomery on March 1, 2009 4:15 PM ET

[JURIST] The UN Special Tribunal for Lebanon (STL) [official website], tasked with investigating the February 14, 2005 assassination of former Lebanese Prime Minister Rafik Hariri [JURIST news archive], officially began operating Sunday. The STL will be located in The Hague and the prosecution of its cases will be lead by Daniel Bellemare [Ya Libnan profile]. In an open letter to the Lebanese people, marking the end of the International Independent Investigation Commission (IIIC) [authorizing resolution; UN materials] into the assassination and the beginning of the STL's operations, Bellemare wrote that his goal as prosecutor was to maintain the tribunal's independence, while ensuring that those responsible for the killing were brought to justice:

My commitment to you is to serve the cause of justice on the basis of a principled approach based solely on facts and evidence. Like the Commission, the Office of the Prosecutor will not be influenced by any political consideration. Justice can not and should not be used as a political tool. Like the Commission's work, the findings of the OTP investigations and the steps I would take as the Prosecutor, as well as the outcome of the STL should not be prejudged or speculated upon.

The STL is not after revenge: it is after justice. Everybody, be they witnesses, detainees or accused, will be treated with dignity. Justice requires no less. Dignity is the hallmark of a credible and humane Justice process.

Lastly, I want to reassure everybody that my team and I will do everything that is humanly and legally possible to ensure that the truth emerges and that those responsible for the crimes that fall within our jurisdiction are eventually brought to justice.

This objective should not only be that of the Office of the Prosecutor, but it should also be the common and resolute goal of the People of Lebanon.
Both the office of UN Secretary General Ban Ki-moon and the US State Department [press releases] applauded the opening of the tribunal, but some Lebanese are skeptical of the court [Daily Star report].

In March 2008, Bellemare said he believed a criminal network was behind the assassination [JURIST report], and the tribunal's registrar, Robin Vincent [official profile, PDF], said last month that it plans to ask the Lebanese government to transfer four generals [Daily Star report; JURIST report] being held on suspicion of involvement in Hariri's assassination to the court's custody. The STL will consist of 11 international and Lebanese judges and have a budget of $51 million for its first year [JURIST reports]. The investigation into the assassination, which had been extended past its original anticipated end date and expanded to cover other assassinations in the country, has increased existing tensions between Lebanon and Syria as several IIIC reports have implicated Syrian officials in Hariri's death [JURIST reports].





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Somalia president announces support for Sharia law in peace negotiations
Devin Montgomery on March 1, 2009 3:01 PM ET

[JURIST] Somali President Sharif Sheikh Ahmed [BBC profile] said Saturday that he would support the imposition of a moderate form of Sharia [CFR backgrounder; JURIST news archive], Islamic religious law, as part of a cease-fire agreement with the country's Hizb al-Islamiya and Al-Shabaab rebels. Ahmed said, however, that he would not agree [CNN report] to provisions that would prohibit girls from attending school, require women to wear headscarves, or ban music and television. Ahmed made the concession at the behest of Islamic religious groups that are mediating the conflict [IslamOnline report] between the government and the rebels, but Sunday reports [AFP report] quoted rebels denying that a peace agreement had been made. Members of the country's parliament, which would have to approve implementing Sharia in order for it to take effect, have expressed support [PressTV report] for such a proposal. It is not clear what impact the rebels' rejection of the peace deal with have on the possible legislation.

Somalia has endured a lengthy civil war and several rounds of failed peace talks [BBC timeline] since the collapse of its last civil government in 1991. The country's transitional government is just now shifting its base [VOA report] from Djibouti to the Somali capital of Mogadishu. In December of last year, Human Rights Watch (HRW) [advocacy website] released a report [text, PDF] accusing both rebels and the government of having committed war crimes in the conflict. In January 2007, the transitional government began imposing martial law [JURIST report] over areas under the government's control.






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Bangladesh police charge more than 1,000 in border guards mutiny
Lucas Tanglen on March 1, 2009 11:18 AM ET

[JURIST] Police in Bangladesh [JURIST news archive] on Sunday charged [Daily Star report] more than 1,000 members of the paramilitary Bangladesh Rifles (BDR) in last week's border guards mutiny [BBC Q&A], which killed dozens of top BDR officers, including the force's commander. The government plans to organize a special tribunal [AP report] to try the organizers of the revolt. Among those charged are six accused of planning the revolt, including four deputy assistant directors. The government said that a previous offer of amnesty from Prime Minister Sheikh Hasina's [official profile] would not apply [bdnews24 report] to those directly involved in the mutiny. The revolt was motivated by disputes over pay, conditions and the selection of top officers from the regular army rather than from within the BDR.

The incident comes in a time of difficult transition for Bangladesh. Bangladesh voters elected Hasina in December 2008, ending two years of military rule. In January, Bangladeshi Law, Justice, and Parliamentary Affairs Minister Shafique Ahmed [official website] declared [JURIST report] his government's desire to restore Bangladesh's 1972 constitution [text, PDF]. Prior to the elections, interim Bangladeshi president Iajuddin Ahmed [official profile] signed [JURIST report] the Emergency Powers (Repeal) Ordinance of 2008, lifting a two-year state of emergency to allow for political campaigning. The state of emergency, declared in January 2007 [JURIST report], had suspended democratic rights throughout the country.






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US Army officer sentenced to 25 years for murder of Iraqi detainee
Lucas Tanglen on March 1, 2009 10:14 AM ET

[JURIST] A military jury in Kentucky on Saturday sentenced US Army First Lt. Michael Behenna [JURIST news archive] to 25 years in prison after convicting him Friday of the murder and assault of an Iraqi detainee. The 101st Airborne Division officer, who claimed he acted in self-defense by shooting the victim, could have received a life sentence in the proceedings at Fort Campbell [official website]. Staff Sgt. Hal Warner [JURIST news archive], who threw a grenade on the body of victim Ali Mansour Mohammed, initially thought to have been released by Coalition forces in May 2008, testified against Behenna after pleading guilty to assault, maltreatment of a subordinate and making a false statement. On Monday, the judge will hear Behenna's arguments for mistrial [AP report], based on a claim that the prosecution withheld evidence. Behenna was acquitted on a charge of making a false statement.

The US-led Multi-National Force-Iraq [official website] brought murder charges [JURIST report] against Behenna and Warner in August. In September, a US soldier and an Iraqi translator testified against Warner in a preliminary hearing [JURIST report]. Behenna's conviction follows the conviction [JURIST report] a week before of US Army Sgt. Michael Leahy Jr. on charges stemming from the 2007 deaths of four Iraqi detainees.






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