[JURIST] The Serbian Office of the War Crimes Prosecutor [official website] announced Friday that it has issued an international warrant for the arrest of alleged Nazi war criminal and naturalized American citizen Peter Egner [JURIST news archive]. Head Serbian prosecutor Vladmir Vukcevic has accused Egner of having been a member of Einsatzgruppe [USHMM backgrounder], an SS paramilitary outfit alleged to be responsible for the deaths of more than 17,000 Serbian Jews and other minorities in Belgrade during the German occupation of Serbia in World War II. Egner admitted to federal officials in 2007 that he had been a member of the squad, which is alleged to have rounded up women and children in specially modified vans to gas them with carbon monoxide. He is currently fighting efforts by the US Department of Justice (DOJ) [official website] to revoke his citizenship [JURIST report], which would allow the government to extradite him to Serbia to stand trial on numerous counts of war crimes.

Vukcevic announced in April that he would ask the US for Egner's extradition [JURIST report]. In July 2008, Serbian prosecutors confirmed [JURIST report] that they were gathering evidence for a case against Egner. Earlier that same week, the DOJ filed a complaint [text, PDF] in the US District Court for the Western District of Washington [official website] seeking to revoke Egner's US citizenship. Egner became a US citizen in 1966 but failed to disclose his Nazi service on his citizenship application. The DOJ argued that he was ineligible for citizenship both because of his service and because he concealed that information on his application.

[JURIST] Pakistan's Attorney General Anwar Mansoor announced his resignation Friday over controversy surrounding a Supreme Court [official website] order to investigate corruption allegations [JURIST report] against President Asif Ali Zardari [official website]. Mansoor cited a lack of cooperation [PTI report] from Law Minister Babar Awan as a key factor in his decision, claiming the government was impeding him from following the Supreme Court's orders. Mansoor alleges that the Law Ministry refused to turn over documents [AP report] related to the investigation. Earlier this week, the Supreme Court threatened to imprison [JURIST report] the head of Pakistan's corruption agency for failing to meet a 24-hour deadline to reopen several corruption cases, including cases against Zardari. In response, police detained [Reuters report] Director General of the Federal Investigation Agency [official website] Ahmed Riaz Sheikh, who was convicted of corruption eight years ago.

Mansoor's announcement comes the same day that Pakistani lawmakers began weighing a constitutional bill that would greatly limit Zardari's powers, reversing the expansion of presidential powers under former military leader Pervez Musharraf [BBC profile, JURIST news archive]. Earlier this week, Swiss authorities denied a request [JURIST report] from Pakistan's National Accountability Bureau [official website], refusing to reopen a corruption investigation against Zadari. Aides to Zardari believe that presidential immunity protects him from prosecution, even after the Supreme Court overturned an amnesty law [JURIST report] implemented by Musharraf. The amnesty was signed [JURIST report] by Musharraf as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto [BBC profile] to return to the country despite corruption charges [JURIST report] she had faced.

[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Thursday called on leaders in Guinea-Bissau [official website, in Portuguese] to respect the rule of law [press release] and maintain constitutional order in the wake of a confrontation between the military and government in which the prime minister was detained and later released. A spokesperson for the secretary-general said:

The Secretary-General is following with concern the military incidents in Guinea-Bissau involving the detention and subsequent release of the Prime Minister. He calls on the military and political leadership of Guinea-Bissau to resolve differences by peaceful means and to maintain constitutional order and ensure respect for the rule of law. He further underlines the need to avoid any risks to the gains made by Guinea-Bissau in its on-going peace consolidation efforts.

The Secretary-General's Special Representative for Guinea Bissau, Mr. Joseph Mutaboba, is working closely with other international partners including the Economic Community of West African States (ECOWAS) and the African Union to continue to support national efforts to promote sustainable stability in the country.

[JURIST] Japanese authorities on Friday indicted a New Zealand anti-whaling activist in connection with boarding a Japanese whaling vessel as part of an anti-whaling protest in the antarctic seas. Tokyo District Public Prosecutors [official website, in Japanese] are bringing five charges [AP report] against Captain Pete Bethune - trespassing, assault, illegal possession of a knife, destruction of property, and obstruction of business. Bethune's charges [NYT report] stem from boarding the Shanon Maru II, a Japanese whaling vessel, in response to a January 6 collision with the anti-whaling vessel, the Ady Gil, which he captained. As a result of the collision, the bow of the Ady Gil was sheared off, and the crew was rescued by another ship. On February 15, Bethune allegedly approached the Shanon Maru II ship on a jet ski, cut through anti-boarding netting surrounding the ship, boarded the ship, and then presented its captain with a bill for $3 million in damage done to his ship. He was taken into custody and returned to Tokyo where he was arrested by the Japanese Coast Guard. The Sea Shepherd Conservation Society [advocacy website], of which Bethune is a member, has criticized [press release] the indictment, saying the "charges are bogus" and that the group "questions the credibility of the entire Japanese judicial system for entertaining such absurdities." The group claims that Bethune is being held for "purely political reasons" in order set an example for anti-whaling activists. Bethune faces a possible prison sentence of up to 15 years for both the assault and the business obstruction charges and could face up to three years for the trespassing charge.

Whaling [Greenpeace backgrounder] is regulated by the 1946 Whaling Convention [text, PDF], and commercial whaling was outright banned in 1986 by the International Whaling Commission (IWC) [official website]. The Japanese whalers defend [TIME report] their whaling as scientific research because they collect data on the whale's age, diet, and birthing rate, before packaging and selling the meat. The Japanese mostly hunt for mincke and finback whales, but have begun to hunt humpback whales, which have reached sustainable levels since being placed on the endangered species list in 1963. The whaling issue has been contentious, especially in Australia where it is a major political issue causing tensions [ABC News report] with its neighbor New Zealand.

[JURIST] Canadian Minister of the Environment Jim Prentice [official profile] on Thursday proposed [press release] a new set of regulations [text, PDF; backgrounder] aimed to reduce greenhouse gases (GHG) emitted from vehicles. The new standards will apply to cars and light truck models starting in 2011. The standards will differ based on the footprints of cars (measured in square meters) and how many vehicles were sold in the previous year. According to the Canadian government:

These new regulations would deliver certainty to the automotive industry and will require significant technological improvements to vehicles to reduce GHG emissions. As a result of the proposed regulations, it is projected that the average GHG emission performance of new vehicles of the 2016 model year will be about 25% lower than the vehicles that were sold in Canada in 2008. These improvements are expected to result in a cumulative reduction of 92 Mt CO2e in GHG emissions over the lifetime of the 2011-2016 model year vehicles sold in Canada.

[JURIST] Pakistani lawmakers were weighing a constitutional bill Friday that would greatly limit the powers of President Asif Ali Zardari [official website], reversing the expansion of presidential powers under former military leader Pervez Musharraf [BBC profile, JURIST news archive]. If passed by both houses of parliament, the 18th Amendment Bill would transfer presidential powers to the office of the prime minister [official website], effectively reserving the presidency as a figurehead. Among other changes, the president will no longer have the power [ANI Report] to dissolve parliament, dismiss the prime minister, or appoint the chief of the armed forces. Prime Minister Yousuf Raza Gilani [BBC profile], who would be eligible for a third term under the legislation, stressed that the bill would strengthen Pakistani institutions [Pak Tribune report]. Zardari expressed hope that the bill would be passed as soon as possible [press release].

The introduction of the bill comes amid controversy over reopening corruption investigations against Zardari. Earlier this week, Swiss authorities denied a request [JURIST report] from Pakistan's National Accountability Bureau [official website], refusing to reopen a corruption investigation against Zardari. The request by the NAB came one day after Pakistan's Supreme Court [official website] ordered the bureau to reopen all corruption investigations [JURIST report] within 24 hours. Aides to Zardari believe that presidential immunity protects him from prosecution, even after the Supreme Court overturned an amnesty law [JURIST report] implemented by Musharraf. The Supreme Court's order is likely to increase tensions between the president and the judiciary, which have recently clashed over court appointments [JURIST report].

[JURIST] The Kenyan Parliament [official website] on Thursday unanimously approved [press release] a draft constitution [text, PDF]. The vote follows two days of contentious debate [AP report], though none of the many proposals for amendment passed, and the draft remained as introduced by the Committee of Experts on Constitutional Review [official website]. The draft includes several significant checks on presidential authority, including a requirement that presidential appointees face parliamentary confirmation and the removal of presidential appointment of judges. Members of Parliament receiving Cabinet positions will also have to relinquish their legislative seats. Final approval of the constitution will be determined via public referendum, to be held within 90 days.

The first draft of the constitution was unveiled [JURIST report] in November. The changes are intended to reduce the widespread injustice throughout the country, and specifically address issues that led to violence following the 2007 presidential elections [JURIST news archive]. In October, former UN secretary-general Kofi Annan [official profile; JURIST news archive] called for constitutional reform in Kenya before the next electoral cycle begins in 15 months. In 2007, tens of thousands of protesters took to Kenya's streets accusing President Mwai Kibaki [official profile] of election fraud after early opinion polls suggested rival Raila Odinga [official website] was in the lead.

[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Friday urged Turkmenistan to place a stronger emphasis on human rights [press release]. At a joint press conference with Turkmenistan's President Gurbanguly Berdimuhamedov, Ban said that he, "called on the government to fulfill all obligations under international human rights law and the many treaties to which it is a signatory." Ban arrived in Turkmenistan [UN News Centre report] Thursday, his first stop on his week-long tour of Central Asia, which will also include visits to Kyrgyzstan, Uzbekistan, Tajikistan, and Kazakhstan as a chance to discuss regional cooperation, nuclear non-proliferation, climate change, and development.

Turkmenistan has been undergoing a transitional phase as it attempts to emerge from its authoritarian past as part of the Soviet Union. The country adopted a new constitution [JURIST report] in 2008, which envisioned a new multi-party political process and provided for limits on presidential power. Political reforms in Turkmenistan come after President-for-Life Saparmurat Niyazov, who remained in office for 21 years, died in 2006 [BBC obituary]. Turkmenistan gained its independence upon the dissolution of the Soviet Union in 1991. The country has been cited by the International Helsinki Federation for Human Rights [advocacy website] for widespread interference in judicial affairs, using torture, and suppressing political opposition, media, and civil society. The Democratic Party of Turkmenistan (DPT), which was previously called the Communist Party of the Turkmen SSR, is the country's ruling and only legal political party.

[JURIST] The German government is considering accepting detainees held at the US military prison at Guantanamo Bay [JURIST news archive], according to interviews [text] published this week by Der Spiegel magazine. German Chancellor Angela Merkel [official profile], Interior Minister Thomas de Maiziere, and Foreign Minister Guido Westerwelle revealed a possible plan to accept the transfer of three inmates to Germany. While Germany has historically supported the closure of Guantanamo, the former interior minister opposed [UPI report] accepting detainees, citing security grounds. The new proposal, which may see detainees in Germany in the near future, has drawn criticism [Der Spiegel report] from members of the German coalition government.

Last month, the US Department of Justice (DOJ) announced that three detainees had been transferred to the country of Georgia [JURIST report]. Also in March, two Uighur [JURIST news archive] Guantanamo detainees were transferred to Switzerland. The previous month, four detainees were transferred to Albania and Spain [JURIST report]. In December, Bulgaria [JURIST report] expressed a willingness to accept detainees. Other European countries that have accepted transfers include Latvia, Slovakia, and Belgium [JURIST reports]. The Obama administration failed to meet its January deadline [JURIST report] for closing the prison after running into several hurdles, including opposition from members of Congress and the suspension of detainee transfers to Yemen [JURIST report].

[JURIST] The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] Thursday that Internet auction house eBay [corporate website] is not required to actively monitor its website for the sale of counterfeit goods. The decision comes in a case brought by jeweler Tiffany & Company [corporate website], alleging that eBay diluted its trademark by facilitating the sale of "copycat" Tiffany jewelry. EBay argued that it had no responsibility to take proactive steps against the sale of counterfeit items. Affirming a lower court decision [JURIST report], the appeals court stated:

[Ebay] may lawfully use a plaintiff's trademark where doing so is necessary to describe the plaintiff's product and does not imply a false affiliation or endorsement by the plaintiff of the defendant. While a trademark conveys an exclusive right to the use of a mark in commerce in the area reserved, that right generally does not prevent one who trades a branded product from accurately describing it by its brand name, so long as the trader does not create confusion by implying an affiliation with the owner of the product.