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Legal news from Saturday, May 7, 2011




Siege of Syria town violates international law: HRW
John Paul Putney on May 7, 2011 8:00 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Thursday urged [press release] Syria to lift the siege on the town of Daraa and accused Syrian authorities of violating international law in attempting to quell protesters. Movement in and out of Daraa came to a halt almost two weeks ago when the Syrian army surrounded the city, cutting electricity, phone lines and internet services as well as supplies such as food and medicine. According to HRW, the siege violates Syria's international obligations under the International Covenant on Civil and Political Rights (ICCPR) [text], which requires the Syrian government to respect "fundamental human rights" and the rule of law. The press release explained:
The Syrian government is collectively punishing the residents of Daraa because some demonstrators from the town dared protest against it. It would appear that the government has a lot to hide, because it's refusing to let Daraa residents out or independent observers in. ... Even if the Syrian army is truly 'hunting terrorists,' that is no reason to prevent the town's residents from leaving and to deny old women their medication. Syria has protested repeatedly about Israel's closure of Gaza, but it's doing the same to Daraa's residents.
Additionally, HRW cited reports that the Syrian government had been engaged in a "nationwide campaign of [arbitrary] arrests" to deter protesters and activists from continuing the demonstrations. HRW alleged that these arrests also violate international law.

Syria has struggled violently to end anti-government protests which began earlier this year. Last week, the UN Human Rights Council (UNHRC) [official website], in an emergency special session, publicly condemned the violence used by Syrian authorities [JURIST report] against peaceful protesters. Last month, 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 month, Syrian President Bashar al-Assad [Al Jazeera profile] ended the country's 48-year-old state of emergency [JURIST report], but protests have continued.




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Rights group alleges Gaddafi forces committed war crimes
Ashley Hileman on May 7, 2011 11:48 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] accused forces loyal to Muammar Gaddafi [BBC profile] of committing war crimes in Misratah in a report [text, PDF press release] on Thursday. According to the report, Gaddafi's troops have employed excessive use of lethal force against unarmed protesters, fired snipers at civilians in residential areas of the city and even deliberately used civilians as "human shields." "Shielding," AI alleged, "is a violation of international humanitarian law and constitutes a war crime." Additionally, according to AI Gaddafi's forces also used cluster munitions [JURIST news archive], which are heavily criticized by international observers and have been the subject of international eradication efforts. Misratah appears to be targeted as a result of its declaration in February of allegiance to opposition forces. While many have been able to escape the widespread violence, those left behind continue to suffer:
The scale of the relentless attacks that we have seen by al-Gaddafi forces to intimidate the residents of Misratah for more than two months is truly horrifying. It shows a total disregard for the lives of ordinary people and is in clear breach of international humanitarian law. ... Scores of residents not involved in armed confrontations have been killed and hundreds injured, many by indiscriminate 122mm Grad rockets fired from up to tens of kilometres away, and by mortars and 155mm artillery shells. Rockets, mortars and artillery shells are designed for use against massed infantry or armour. Under international humanitarian law, none of these weapons should ever be used in populated residential areas.
AI has urged Gaddafi to put an end to direct attacks on civilians and has called on the international community to lend financial and legal support to international investigations into human rights abuses in Libya.

Earlier this week, the International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo announced [JURIST report] that an investigation has uncovered enough evidence to allow him to pursue warrants for forces loyal to Gaddafi for crimes against humanity and war crimes. Moreno-Ocampo said he has found evidence that Libya began hiring mercenaries as early as January in anticipation of protests after unrest began in the Middle East [JURIST news archive]. Regarding war crimes, the chief prosecutor claims to have uncovered evidence of the use of "cluster munitions, multiple rocket launchers and mortars, and other forms of heavy weaponry, in crowded urban areas, in particular Misratah." Moreno-Ocampo will present his evidence to the Pre-Trial Chamber of the ICC [official website] and request warrants be issued for three individuals.




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NLRB sues Arizona over union election laws
Ashley Hileman on May 7, 2011 11:22 AM ET

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[JURIST] The National Labor Relations Board (NLRB) [official website] filed a complaint [text, PDF; press release] on Friday in the US District Court for the District of Arizona [official website], challenging a state constitutional amendment that guarantees a vote by secret ballot for employee representation. The NLRB, an independent US agency that is charged with conducting elections for labor unions and remedying unfair labor practices, argues that Article 2 § 37 [text] of Arizona's Constitution acts to limit the means by which employees can choose union representation and conflicts with various sections of the National Labor Relations Act (NLRA) [29 USC §§ 151-169]. According to the NLRB, the NLRA provides methods in addition to secret ballot elections for private-sector employees to choose a union but contends that the amendment forecloses these options:
Under the 1935 National Labor Relations Act, private-sector employees have two ways to choose a union: They may vote in a secret-ballot election conducted by the NLRB, or they may persuade an employer to voluntarily recognize a union after showing majority support by signed authorization cards or other means. The state amendments prohibit the second method and therefore interfere with the exercise of a well-established federally-protected right. As the complaint submitted to the Court today explains, "The NLRA permits but does not require secret ballot elections for the designation, selection, or authorization of a collective bargaining representative where, for example, employees successfully petition their employer to voluntarily recognize their designated representative on the basis of reliable evidence of majority support."
As a result of this alleged direct conflict with federal law, the NLRB seeks a declaration that the amendment is preempted by the Supremacy Clause [Cornell LII background] of the US Constitution.

The constitutional amendment, passed by state voters in the November 2010 elections, is one of many new state laws that will impact labor unions. In April, Wisconsin Attorney General J.B. Van Hollen filed a Petition for Supervisory Writ directly to the state Supreme Court after a trial judge temporary blocked [JURIST reports] a controversial bill that limits the rights of public employee unions. The suit claimed that the judge did not have the constitutional authority to block the publication of the Budget Repair Bill [Senate Bill 11, PDF]. It also asked the Wisconsin Supreme Court [official website] to immediately take jurisdiction of the case and dismiss it. In March, The Ohio Senate [official website] passed Senate Bill 5 [JURIST report], which altered Ohio labor law and restricts the collective bargaining abilities of unions for public sector workers. Under the legislation, unions can only collectively bargain for wages and equipment for personal safety and that public employees cannot strike.




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