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Legal news from Friday, December 24, 2010




Russia lower house quickly approves New START treaty
Drew Singer on December 24, 2010 3:29 PM ET

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[JURIST] The Russian State Duma [official website, in Russian] voted 350-59 on Friday to approve the New START nuclear arms treaty [materials, PDF; JURIST news archive] with the US, after just hours of debate. The New START treaty replaces the expired Strategic Arms Reduction Treaty [materials], with Russia and the US each pledging to reduce their countries' nuclear warheads by about 30 percent. Under the terms of the treaty and its protocol, both countries would only be allowed to deploy 1,550 strategic warheads, a decrease from the 2,200 currently permitted. Russian experts call the treaty the most significant development in modern US-Russian relations [LA Times report]. The government will likely approve treaty in full this January.

On Wednesday, the US Senate [official website] voted 71-26 [JURIST report] to ratify the treaty. US President Barack Obama and Russian President Dmitry Medvedev signed the treaty [JURIST report] in Prague in April. The agreement, reached [JURIST report] in February, is the first nuclear agreement between the two nations in nearly 20 years. The US State Department began negotiating [JURIST report] the treaty with Russia in 2009. Nuclear disarmament between the US and Russia, whose nuclear arsenals comprise 95 percent of the world's nuclear weapons, languished during the Bush administration. The treaty is considered a key part of easing tensions between the two countries, which reached a high point after the 2008 Georgia conflict [BBC backgrounder].




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Switzerland judge seeks prosecution of CIA-affiliated engineers for giving nuclear secrets to Pakistan
Drew Singer on December 24, 2010 2:51 PM ET

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[JURIST] A Swiss judge on Thursday called for the prosecution of three engineers who have links to the Central Intelligence Agency (CIA) [official website] for allegedly smuggling nuclear weapons technology to Pakistan. After six years of investigation, Swiss federal magistrate Andreas Mueller recommended [The Independent report] that the three engineers be tried for providing weapons-related technology to a Pakistani smuggling ring run by Abdul Qadeer Khan [BBC profile]. Brothers Urs and Marco Tinner, along with their father Friedrich, were arrested in 2004 on suspicion of smuggling, but were eventually released. The Tinners said that had been informants for the CIA [official website] since 2003. Khan has confessed to giving nuclear technology to Iran and Libya.

In September, an American scientist and his wife were indicted [JURIST report] for conspiring to sell nuclear weapons information to an individual they believed worked for the Venezuelan government. Pedro Leonardo Mascheroni and his wife, Marjorie Mascheroni, were arrested by the Federal Bureau of Investigation [official website] and appeared before the US District Court for the District of New Mexico. The defendants used to work at the Los Alamos National Laboratory and possessed classified nuclear weapons knowledge. According to the indictment, between March 2008 and August 2009, Pedro Mascheroni, who is a naturalized US citizen, negotiated a deal with an undercover FBI agent he believed to be a Venezuelan official in which he would help the country develop a nuclear weapon in exchange for over $700,000.




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Freedom House urges US and EU to renew sanctions against Belarus
Sarah Posner on December 24, 2010 12:21 PM ET

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[JURIST] The American rights group Freedom House [advocacy website] on Thursday urged [press release] the US and European Union (EU) [official website] to renew full sanctions against Belarus in the wake of post-election unrest. Freedom House commended U.S. Secretary of State Hillary Clinton and European High Representative Catherine Ashton [official websites] for their joint statement [text] calling on Belarusian authorities to release imprisoned presidential candidates and election protesters, and condemning all violence in the aftermath of last week's elections. Freedom House Executive Director David J. Kramer urged further action, stating that
[w]hile today's strong statement from foreign policy leaders in the United States and Europe is encouraging, both should be prepared to take further concrete action should conditions in Minsk not change dramatically and immediately. ... If the government of Belarus fails to take fully restorative action in the next two weeks, the European Union should renew full sanctions against the Lukashenka regime, which had been suspended in 2008. The current situation is much worse than that in 2006, when the E.U. and U.S. together imposed sanctions against the regime.
Freedom House is pressing for trans-Atlantic solidarity in taking action for this week's post-election controversy in Belarus.

Last week, Belarus conducted a presidential election that critics allege did not meet international standards. On Monday, Belarusian police arrested hundreds of demonstrators [JURIST report], including seven of the nine presidential candidates, who were protesting the results of Sunday's presidential election. The official results declared incumbent Alexander Lukashenko [BBC profile; JURIST news archive] the winner of the presidency for a fourth term. Hundreds of activists were arrested after protesting Lukashenko's 2006 presidential win, including opposition candidate Alexander Milinkevich [JURIST reports]. While Lukashenko has since sought to improve his country's ties with western nations, the US State Department [official website] has historically criticized Belarus' human rights record [2009 report; JURIST report]. The UN General Assembly Third Committee and the International Helsinki Federation for Human Rights [JURIST reports] have similarly denounced Belarus for human rights abuses.




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Alaska Supreme Court dismisses challenge to midterm election results
Sarah Posner on December 24, 2010 11:18 AM ET

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[JURIST] The Alaska Supreme Court [official website] on Wednesday dismissed [opinion, PDF] an election challenged filed by Republican Senate candidate Joe Miller [campaign website], allowing certification of the November results to move forward. Miller claimed that errors in the counting of election ballots and voter registration led to the write-in victory of his rival Senator Lisa Murkowski [campaign website]. Affirming a lower court decision, the Supreme Court held that abbreviations, misspellings or other variations in the write-in candidate's name is allowed as long as the voter's intention can be ascertained:
Joe Miller seeks an interpretation of election statute AS 15.15.360 that would disqualify any write-in votes that misspell the candidate's name. We do not interpret the statute to require perfection in the manner that the candidate's name is written on the ballot. Our prior decisions clearly hold that a voter's intention is paramount.
The Supreme Court gave Miller until Monday to decide on whether he will back Murkowski or pursue the claim in federal court. Members of Congress will be sworn in when the new term begins January 5.

The lawsuit follows the close 2010 midterm election results between Senate incumbent Lisa Murkowski and Republican candidate Joe Miller. According to the State of Alaska Division of Elections [official website], Murkowski leads [unofficial results] with over 100,000 write-in votes in comparison to 90,740 votes for Miller. Earlier this month, Superior Court Judge William B. Carey upheld the division of election's actions, striking down Miller's challenge to the election results. In November, a federal judge halted certification [AP report] of the election results pending the Supreme Court's decision.




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