[JURIST] Iraqi Prime Minister Nouri al-Maliki [official website, in Arabic] said Monday that Iraq will file lawsuits in both US and Iraqi courts against Blackwater [JURIST news archive] after a US judge dismissed charges last week against five guards indicted for their involvement in the deaths of 17 Iraqi civilians [JURIST reports] in September 2007. Judge Richardo Urbina of the US District Court for the District of Columbia [official website] dismissed [opinion, PDF] voluntary manslaughter and weapons charges against the five guards, finding that statements were obtained in violation of the Constitution. Al-Maliki said that his government rejects the ruling [Al Jazeera report] and has formed a committee to file suits in both the US and Iraq.

Prosecutors from the US Department of Justice [official website] dropped manslaughter charges [JURIST report] against one of the defendants in November. Five defendants pleaded not guilty [JURIST report] to manslaughter and weapons charges last January. The five guards were indicted [JURIST report] in December 2008 on charges of voluntary manslaughter, attempt to commit manslaughter, and using and discharging a firearm during and in relation to a crime of violence, which carries a 30-year mandatory minimum sentence. A sixth guard pleaded guilty to charges of voluntary manslaughter and attempt to commit manslaughter for his role in the same incident. The Blackwater incident caused domestic outrage in Iraq and has prompted legal controversy in the US. A FBI inquiry into the incident concluded that the shootings were unjustified [JURIST report]. Iraq security contractors lost their immunity from prosecution under the new US Status of Forces Agreement with Iraq that was approved [JURIST reports] in December 2008.

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Monday upheld [opinion, PDF] the conviction and life sentence of 9/11 [JURIST news archive] conspirator Zacarias Moussaoui [BBC profile; JURIST news archive]. Moussaoui's lawyers had requested that his guilty plea and be withdrawn and a new trial be granted, arguing that his plea was involuntary due to Fifth and Sixth Amendment [text] violations. His lawyers also argued that his unawareness of the charges against him violated Rule 11 [text] of the Federal Rules of Criminal Procedure and that his trial counsel did not have access to statements made by al Qaeda members denying Moussaoui's involvement in the 9/11 conspiracy. The appeals court rejected all of those arguments and "affirm[ed] Moussaoui's convictions and sentences in their entirety."

The appeals court ordered new arguments in the case in July due to the retirement of Chief Judge Karen Williams, who heard oral arguments [JURIST reports] last January. Moussaoui's lawyers appealed his conviction [JURIST report] in January 2008. He received a life sentence after pleading guilty [JURIST reports] to six conspiracy charges [indictment] in connection with the 9/11 attacks, including conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to destroy aircraft, and conspiracy to use weapons of mass destruction. He avoided the death penalty [JURIST report] due to one juror's refusal to agree to it.

[JURIST] The Serbian government on Monday filed a lawsuit against Croatia in the International Court of Justice (ICJ) [official website], accusing the Croatian government of committing genocide during the 1991-1995 Balkan War [JURIST news archive]. The suit [press release] is in response to a similar suit [case materials] filed by Croatia against Serbia in 1999. The ICJ ruled [JURIST report] last year that it has jurisdiction to hear that case. Serbian Foreign Minister Vuk Jeremic said that Serbia had hoped to avoid filing suit but was left with no choice when Croatia refused to withdraw its case. In its suit, Serbia claims [AP report] that Croatia committed genocide by expelling its Serb population in 1995.

In 2007, the ICJ ruled in a similar lawsuit brought by Bosnia against Serbia. The court found that although the Serbian government was not directly responsible for genocide [JURIST report] during the war, the country failed to meet its obligations to prevent genocide under the 1948 Genocide Convention. That case marked the first time that a UN member state had been tried for genocide.

[JURIST] A federal judge on Monday refused to reconsider a 40-month prison sentence [JURIST report] given to former UBS [corporate website] banker Bradley Birkenfeld in August. Birkenfeld admitted to helping a California real-estate developer hide $200 million to avoid paying taxes and has cooperated with the government in its investigation of employees of Swiss banks that the government says take advantage of Switzerland's strict confidentiality laws to help Americans hide money and avoid paying taxes. Birkenfeld filed a motion for leniency based on his cooperation, but Judge William Zloch of the US District Court for the Southern District of Florida [official website] rejected that request. Birkenfeld is scheduled to begin serving his sentence on Friday.

In November, the US Department of Justice (DOJ) and the US Internal Revenue Service (IRS) [official website] announced [JURIST report] that more than 14,700 Americans have reported to the IRS previously hidden overseas bank accounts in response to a temporary forgiveness program [official website], allowing delinquent taxpayers to avoid criminal prosecution for tax evasion by paying all overdue taxes and penalties. In September, the US and Switzerland signed a treaty [JURIST report] that would increase the amount of information shared between the two nations on would-be tax evaders. The agreement, constructed in accordance with Article 26 of the Model Tax Convention [text, PDF], came one month after a Swiss banker and lawyer were indicted in US federal court [JURIST report] for helping clients hide assets. Earlier in August, the US reached a preliminary agreement with Switzerland over the identification of anonymous accounts [JURIST report] in Swiss banks, which would aid US officials in identifying those who seek to evade taxes.

[JURIST] A US rule [text] ending a policy prohibiting people with HIV or AIDS from entering the country went into effect on Monday. The decision by the Centers for Disease Control and Prevention (CDC) [official website] to remove HIV from its list of communicable diseases of public significance ended [BBC report] the 22-year-old ban. When the rule was published in November, Health and Human Services Secretary Kathleen Sebelius [official website] said [press release], "[t]he ability to travel freely and have access to affordable health care should be available to everyone. This change has been a long time coming, and I am pleased it is happening now." Clemens Ruland, a Netherlands native, is expected to be the first HIV-positive visitor [Fyne Times report] since the ban was lifted when he lands in New York Monday.

The US had been one of only about a dozen countries that ban travelers with HIV or AIDS. In October, a report indicated China was considering lifting its ban [JURIST report] against travelers with HIV or AIDS. In 2008, the Department of Homeland Security (DHS) [official website] relaxed restrictions [JURIST report] on issuing visas to HIV-positive applicants. Also in 2008, the US removed a statutory restriction [text] on issuing visas to HIV-positive foreigners.

[JURIST] The Malaysian Home Ministry [official website, in Malay] on Monday appealed last week's ruling [JURIST report] by the High Court that non-Muslims can use the word "Allah" as a translation for the word "God." The case [JURIST report] was brought by the Herald, a weekly Catholic publication, challenging the Malaysian government's three-year ban on the practice. The newspaper argued that other options such as "Tuhan" or "Lord" were not appropriate [WSJ report] in the Malay-language editions of their publications, while Muslim groups have argued that use of the word "Allah" by the Catholic church was an attempt to confuse Muslims. The ruling triggered widespread protests throughout the country. The government is also seeking a stay of enforcement [Bernama report] of last week's ruling pending appeal.

Malaysia [JURIST news archive], a Muslim-majority country, has struggled in recent years to find a balance between modernization and the policies of a more traditional Islamic government that has encouraged the spread of Sharia courts. Approximately 60 percent of Malaysians are Muslim, while Buddhists, Christians, and Hindus comprise about 35 percent of the population, falling under the jurisdiction of civil courts. Both civil and Sharia courts have the authority to address cases involving religious issues.

[JURIST] Threats against judges, US attorneys, and assistant US attorneys have more than doubled over the last six years, according to a report [text, PDF] released Monday by the US Department of Justice (DOJ) [official website]. The report, conducted by the Office of the Inspector General [official website], found that judges, US attorneys, and assistant US attorneys received 1,278 threats in 2008, compared to 592 in 2003. Additionally, the report found that threats are not always consistently and promptly reported. According to the report:

Moreover, when threats are reported, the USMS [US Marshals Service] does not consistently provide an appropriate response for the risk level posed by the threat. In addition, the USMS does not fully or effectively coordinate with other law enforcement agencies to respond to threats against federal judicial officials.

[JURIST] Former vice-president of China's Supreme People's Court (SPC) [official website, in Chinese] Huang Songyou will stand trial on corruption charges, according to Sunday media reports. Prosecutors have not yet completed their investigation against Huang, who is accused of accepting 4 million yuan in bribes, but they are expected to turn the case over to the court soon. Huang will be the highest-ranking judge to be charged with corruption [China Daily report] since the founding of the People's Republic of China. His first-instance trial is expected to begin in March.

In August, the Communist Party of China (CPC) revoked [JURIST report] Huang's membership, following a corruption investigation. He was also fired [China Daily report] from his official position in the court. In March, the Supreme People's Court pledged to take steps to eliminate judicial corruption [JURIST report] with improved ethics education. Huang was removed [JURIST report] from his position as vice president of the court in October 2008 by a vote of the legislators.

[JURIST] Serbian police arrested alleged war criminal Darko Jankovic on Sunday. Jankovic is accused of killing at least 19 civilians in eastern Bosnia during the 1992-95 Bosnian civil war [JURIST news archive]. A spokesperson for Serbia's Office of the War Crimes Prosecutor [official website, in Serbian] indicated that Jankovic is potentially associated with the killing of Muslim civilians near the eastern Bosnian town of Zvornik in 1992. The Serbian war crimes prosecutor indicted [JURIST report] two other alleged war criminals in August 2008 in connection with the killing of 700 Muslim civilians near Zvornik.

Jankovic's arrest comes one month after a report detailing Serbia's cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive] was presented [JURIST report] to the UN Security Council. Serbia's bid for European Union membership is based on cooperation with the ICTY, including the arrest of two remaining fugitives, Ratko Mladic and Goran Hadzic [JURIST news archives]. Mladic faces charges of genocide and crimes against humanity for overseeing the Srebrenica [JURIST news archive] prison massacre and other killings of Bosnian Muslims and Croats, while Hadzic faces crimes against humanity charges for killings of non-Serbs and for abuses in Croatian prison camps. Chief War Crimes Prosecutor Serge Brammertz [official profile] indicated in September 2008 that he was "cautiously optimistic" [JURIST report] that the two men will be be brought to justice.

[JURIST] An Egyptian court on Sunday upheld a ban against wearing the niqab [BBC backgrounder; JURIST news archive], or full-face veil, while taking university examinations. The Cairo Administrative Court dismissed a lawsuit [National report] filed by 55 niqab-wearing university students challenging the ban, which was put in place by the government in October. The government said that the ban was enacted partially because students were cheating on exams by using the niqab to disguise themselves as other candidates. The students claim that the ban infringes on their religious rights. The students' lawyer says that he plans to appeal [Al Jazeera report] to a higher court.

Although many Egyptian women wear a hijab [JURIST news archive], or headscarf that leaves the face visible, use of the niqab has recently become more prevalent, creating controversy. The government also banned the niqab in public university dormitories in October, but that was overturned last month. In 2007, Egypt's Supreme Administrative Court ruled against [JURIST report] an American University of Cairo (AUC) [official website] ban against wearing the niqab on campus, finding that the private university could not require a student to unveil her face because it was her constitutional right under Egyptian law to practice her religion. The court nonetheless said it would allow a mandatory identity check of veiled women by guards. While most Muslim scholars argue that wearing a headscarf is mandatory, not all agree that Islam requires women to wear a niqab.