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Legal news from Friday, April 29, 2011




UN rights council condemns Syria violence
LaToya Sawyer on April 29, 2011 3:59 PM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website], in an emergency special session on Friday, publicly condemned [text, PDF] the violence used by Syrian authorities against peaceful protesters. Additionally, the council has immediately called for a full investigation of "all alleged violations of international human rights law" in Syria. The council's probe into Syrian violence is a direct endorsement of a US resolution [press release] calling for intervention in Syria to address more than 500 deaths since March. The resolution also calls for Syria to release arbitrarily detained prisoners, to allow humanitarian assistance to those in need and to evaluate its political process to allow for greater social justice and civil liberties. The resolution passed with a 26 to 9 member state vote. Seven member states did not vote, and five were absent from the session.

There has been a major struggle to put an end to Syrian violence since the protests began earlier this year. Last week, UN High Commissioner for Human Rights Navi Pillay [official profile] called for Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters. Also last week, Syrian President Bashar al-Assad [Al Jazeera profile] ended [JURIST report] the country's 48-year-old state of emergency, but protests have continued. Earlier this month, Human Rights Watch (HRW) [advocacy website] reported [text] that Syrian security forces have stopped medical personnel [JURIST report], sometimes violently, from attending to injured protesters. A spokesperson for the group called the practice "both inhumane and illegal." Last month, Pillay urged the Syrian government [JURIST report] to ensure protesters' rights to peaceful expression and to work toward addressing their concerns instead of responding with violence. As demonstrations continued throughout the country in March, the government freed 260 political detainees [AFP report] in an overture to the protesters.




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Federal appeals court reverses stem cell research funding ban
LaToya Sawyer on April 29, 2011 2:44 PM ET

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[JURIST] The US Appeals Court for the District of Columbia Circuit [official website] on Friday overturned [opinion, PDF] last year's ruling that placed a preliminary injunction [text, PDF, JURIST report] on federal funding of embryonic stem cell [JURIST archive] research. In a 2-1 vote by a three-judge panel, the court concluded that those opposing the funding had not shown that their case was likely to succeed on the merits. Additionally, the court gave considerable weight to the inequity that the injunction would impose on researchers who rely on federal funding
The hardship a preliminary injunction would impose upon ... researchers ... would be certain and substantial. The injunction entered by the district court would preclude the NIH [National Institutes of Health] from funding new ... projects it has or would have deemed meritorious, thereby inevitably denying other scientists funds they would have received. Even more problematic, the injunction would bar further disbursements to ... researchers who have already begun multi-year projects in reliance upon a grant from the NIH; their investments in project planning would be a loss, their expenditures for equipment a waste, and their staffs out of a job.
The Obama administration considers the ruling a major victory that will allow for scientists and patients around the world to benefit from the medical developments and discoveries that will arise from the research.

Federal funding for embryonic stem cell research has been a long uphill battle for the Obama administration. In 2009, President Barack Obama [official website] signed [press release] an executive order [text; JURIST report] which removed the previous administration's eight-year restriction on federal funding for human embryonic stem cell research. After the preliminary injunction on stem research was granted last year, the Obama administration appealed [JURIST report] the injunction, arguing that the ruling was overbroad, endangering an array of research across multiple programs and centers while only serving a very attenuated economic interest of the plaintiffs in the case. While the appeals process was underway, the court granted a long-term stay which allowed federal funding to continue [JURIST report] while the court reached a decision.




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Cambodia asks ICJ to review disputed temple on Thailand border
Michael Haggerson on April 29, 2011 12:14 PM ET

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[JURIST] The Cambodian government requested Friday that the International Court of Justice (ICJ) [official website] clarify [press release] its 1962 decision [judgment, PDF] awarding the Temple of Preah Vihear [UNESCO profile] to the Cambodian city of Phnom Penh. Cambodia has requested the clarification in order to "peacefully and definitely settle the boundary problem between [Cambodia and Thailand] in the area of the Temple of Preah Vihear." Parts of the Cambodia-Thailand border have never been formally demarcated, which has led to border disputes [BBS report]. In response to the latest border clash [JURIST report], UN Secretary General Ban Ki-moon [official website; JURIST news archive] stressed that the dispute could not be resolved through military force [statement] and urged both sides to continue working towards a ceasefire.

Cambodia's border with Vietnam has also been a point of controversy. Early last month, Cambodian opposition leader Sam Rainsy [party profile; JURIST news archive] lost his final appeal in the Cambodian Supreme Court on charges [JURIST reports] of intentionally destroying posts marking the Cambodia-Vietnam border and inciting racial discrimination. The ruling was given in absentia because Rainsy has been in self-imposed exile since 2005. At the hearing, Rainsy's representative stated that this was a political issue, not a criminal one. Human Rights Watch [advocacy website] criticized the ruling [JURIST report] as demonstrating the government's control over the judiciary.




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ICC prosecutor to brief UN on Libya war crimes probe
Michael Haggerson on April 29, 2011 11:14 AM ET

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[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] announced [press release] on Thursday his plans to brief the UN Security Council [official website] on May 4 on the progress of his investigation into alleged human rights violations by Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive]. The prosecutor is expected to request that judges issue warrants against the most serious perpetrators of war crimes and crimes against humanity in Libya. The ICC is exercising jurisdiction pursuant to UN Security Council Resolution 1970 [text], the first unanimous referral to the ICC in UN history [JURIST report]. Allegations against Gaddafi [JURIST report] include ordering aircraft to attack civilians, torturing and abducting civilians, ordering the execution of hospital patients and firing on crowds of protestors.

Earlier this month, the UN opened its own investigation [JURIST report] into alleged human rights violations, to work in concert with the ICC investigation which was opened in early March [JURIST report]. Moreno-Ocampo specifically identified Gaddafi, his sons and political allies as targets of the investigation and warned that any Libyan official complicit in the crimes risked prosecution and would not be granted immunity [JURIST report]. The UN General Assembly [official website] voted last month to suspend Libya [JURIST report] from the UN Human Rights Council [official website] in response to the Libyan government's attacks against civilians.




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ICTR removes US defense lawyer from tribunal work
Andrea Bottorff on April 29, 2011 9:22 AM ET

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[JURIST] The appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) [official website] has removed US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive] from his position as an ICTR defense lawyer. Appeals chamber judges said that last week's decision was based on Erlinder's failure to appear at the tribunal [New Times report] in Arusha, Tanzania. The decision [text, PDF] cites Rule 46 of the ICTR Rules of Procedure and Evidence [text], which allows the tribunal to impose sanctions on lawyers guilty of misconduct, after giving the lawyer proper warning. Erlinder has claimed that he did not travel to the tribunal because his life is in danger and that he is on a reported hit list consisting of the opponents of Rwandan President Paul Kagame [official website; BBC profile]. The ICTR will replace Erlinder with another defense lawyer "as soon as possible."

Rwandan Prosecutor General Martin Ngoga announced in October that Erlinder would be summoned to face charges of genocide denial [JURIST report] in Rwanda, after Erlinder said that it was incorrect to place the blame for the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive] on one side. The appeals chamber of the ICTR released a decision earlier in October that allowed the Rwandan government to pursue charges [JURIST report] against Erlinder. In a reversal of a previous statement [JURIST report], the ICTR decided that Erlinder was charged for actions committed outside the scope of his ICTR employment as a defense lawyer. Erlinder returned to the US in June after spending 21 days in a Rwandan prison following his arrest [JURIST reports] on charges that he denied the genocide, and he has since been touring the US [NYT report] and speaking about his experiences. A week before his return, the High Court of Rwanda [GlobaLex backgrounder] had released Erlinder on bail due to persisting medical problems from what Rwandan officials say was a suicide attempt [JURIST reports].




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