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Legal news from Tuesday, November 15, 2011 |
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France court begins trial of accused Somali pirates
Rebecca DiLeonardo on November 15, 2011 11:07 AM ET

[JURIST] Six accused Somali pirates [JURIST news archive] went on trial in Paris Tuesday on charges of hijacking, kidnapping and armed robbery in connection with a 2008 attack on a yacht. Then men are accused [CNN report] of capturing the Carre-d'As IV in the Gulf of Aden and holding a French couple hostage for two weeks, allegedly demanded a ransom of USD $2 million. This marks France's first-ever piracy trial, with three additional trials expected to follow. The accused face life in prison [BBC report] if convicted, and the trial could last until early December.
International maritime piracy [JURIST news archive] reached an all-time high [JURIST report] early in the first quarter of 2011, according to a report [press release] released in April by the International Maritime Bureau (IMB) [official website]. Last month, UN Assistant Secretary-General for Political Affairs Taye-Brook Zerihoun [official profile] urged the international community to increase efforts to combat Somali piracy [JURIST report]. Zerihoun's concerns stemmed from the Security Council's adoption [JURIST report] of a resolution [text] in October, urging member states to make piracy a crime and establish anti-piracy courts [webcast] due to the rise in maritime piracy crime off the coast of Somalia. France is the newest addition to the limited list of countries that have attempted to prosecute piracy, which includes Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia, Spain and the US [JURIST reports].


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Louisiana challenges count of undocumented immigrants in US census
Jennie Ryan on November 15, 2011 11:03 AM ET

[JURIST] The state of Louisiana on Monday filed suit [text, PDF] directly with the US Supreme Court [official website] arguing that undocumented immigrants should not be counted in the US census for the purpose of determining seats in the US House of Representatives [official website]. The state alleges that it was put at a disadvantage when population totals were determined and that it lost a seat in the House because undocumented immigrants were improperly counted in census totals. The suit also alleges that "[b]ecause the population of non-immigrant foreign nationals is not distributed uniformly among the States, the inclusion of these individuals in apportionment figures alters the apportionment of seats in the House of Representatives among the States" resulting in states with larger immigrant populations attaining greater electoral power, including greater strength in the Electoral College. Art. I, Sec. 2, Cl. 3 [text] of the US Constitution [text] states that seats in the House "shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State" and it provides that a census shall be taken every 10 years. Louisiana argues that under the Constitution, undocumented foreign nationals should not be counted in census figures. Rather, the state argues, only individuals with a permanent legal residence in a state should be counted for purposes of House seat apportionment. The Supreme Court must now decide whether to allow the suit to go forward.
Immigration has been a hot-button issue across the US recently. A controversial Arizona immigration law [SB 1070 materials; JURIST news archive] has spurred numerous legal challenges as well as influencing similar legislation in states such as Alabama, Georgia, Indiana, Oklahoma, South Carolina, Utah and Virginia [JURIST reports]. Last year, the US Department of Justice [official website] filed suit [JURIST report] against Arizona Governor Jan Brewer (R) [official website] seeking to permanently enjoin that state's immigration law. The complaint states that the law is preempted by federal law and therefore violates the Supremacy Clause [text] of the US Constitution. That case has been appealed [JURIST report] to the Supreme Court. In October, a federal judge dismissed a counterclaim [JURIST report] filed by Brewer and state Attorney General Tom Horne [official profile] against the US government in the lawsuit challenging the Arizona immigration law. While the court ruled that Arizona had standing to bring the counterclaim, the court barred several counts in the claim because they had already been litigated before the court in a 1995 case.


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Malaysia rights group to hold symbolic war crimes trial for former US, UK leaders
Jaimie Cremeans on November 15, 2011 10:37 AM ET

[JURIST] The Malaysian Kuala Lumpur Foundation to Criminalise War (KLFCW) [official website] will hold a symbolic four-day war crimes trial [press release] against former US president George W. Bush, former UK prime minister Tony Blair [JURIST news archives] and other former US officials on charges in connection to the March 2003 invasion of Iraq. The trial, set to begin Saturday, will be adjudicated by the Kuala Lumpur War Crime Tribunal (KLWCC), which consists of prominent legal minds including retired and non-retired Malaysian judges, lawyers, authors and professors. The KLWCC is charging Bush and Blair with crimes against peace for invading Iraq in violation of the UN Charter [text] and international law. The KLWCC is also charging Bush and seven other former US officials, including former vice president Dick Cheney and former secretary of defense Donald Rumsfeld, with the crime of torture and war crimes for their treatment of prisoners throughout the Afghanistan and Iraq wars. The group alleges that the US leaders acted in violation of the UN Charter, the Geneva Convention of 1949 [text, PDF] and the Universal Declaration of Human Rights [text]. The KLFCW stated:The Commission, having received complaints from war victims in Iraq in 2009, proceeded to conduct a painstaking and an in-depth investigation for close to two years and in 2011, constituted formal charges on war crimes against Bush, Blair and their associates.The Iraq invasion in 2003 and its occupation had resulted in the death of 1.4 million Iraqis. Countless others had endured torture and untold hardship. The cries of these victims have thus far gone unheeded by the international community. In the event of a conviction, the names of individuals found guilty will be entered into the Commission's Register of War Criminals and published globally.
Various human rights groups have filed charges against US and UK officials alleging war crimes committed in Afghanistan and Iraq. In October, the attorney general for British Columbia blocked a lawsuit [JURIST report] filed by the Canadian Centre for International Justice [advocacy website] against Bush on torture allegations. Earlier in October, Human Rights Watch (HRW) and Amnesty International (AI) [advocacy websites] urged the Canadian government to investigate and arrest [JURIST report] Bush for his role in torture. In February, the Center for Constitutional Rights and the European Center for Human Rights [advocacy websites] urged the signatory states of the UN Convention Against Torture (CAT) [text] to pursue criminal charges [JURIST report] against Bush. Other calls to investigate the criminal culpability of Bush and officials in his administration have been rejected consistently by US officials [JURIST report]. In 2010, a former UN official strongly suggested [JURIST report] a war crimes investigation of actions by both sides in the Afghanistan war. In 2009, the UK High Court criticized [JURIST report] its own Ministry of Defense for failure to investigate or release documents regarding a claim of war crimes against UK soldiers in Iraq.


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Australia PM proposes vote on same-sex marriage
Alexandra Malatesta on November 15, 2011 9:26 AM ET

[JURIST] Australian Prime Minister Julia Gillard [official website] said Tuesday that, while she is personally opposed to same-sex marriage [JURIST news archive], the decision should be left to parliamentary vote [SMH op-ed]. Gillard called on the Australian Labor Party [party website] to back her adamant position that the institution of marriage has a particular meaning and should remain unchanged:Many will ask, what is my personal opinion and where do I stand in the debate? As I have said many times, I support maintaining the Marriage Act in its current form, and the government will not move legislation to change it. My position flows from my strong conviction that the institution of marriage has come to have a particular meaning and standing in our culture and nation and that should continue unchanged. The Labor Party platform currently reflects this view. Her opinion has come under attack by members of her own party as well as by parties on the liberal left, such as the Greens [party website], who believe that legislatively recognizing consenting adults' right to choose, regardless of sexual identity, is the modern trend and essential for marriage equality. Currently only three Australian states recognize civil unions, though a poll shows that a majority of Australians favor same-sex marriage.
Australia historically has had a tumultuous past protecting the rights of same-sex couples but nevertheless denying the right to same-sex marriage. In May 2008, the Australian government abandoned a proposal [JURIST report] to legally recognize same-sex civil union ceremonies after the Australian federal government threatened to veto Civil Partnerships Bill 2006 [legislative materials] if it passed the Legislative Assembly [official websites]. Australian Capital Territory Attorney General Simon Corbell said that the self-governing territory will now move to legalize civil partnerships without ceremony so that same-sex couples can have access to Commonwealth pensions, tax and social security benefits. The Civil Partnerships Bill was introduced after an earlier civil unions law [legislative materials] was actually overturned by the federal government [JURIST report] because that law's attempt to equate civil unions with marriage was determined to be unacceptable. In April of 2008, the Australian government introduced legislation to amend over 100 federal laws [press release] to remove discrimination against same-sex couples but continued to bar same-sex marriage.


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Scotland rights body rejects UK bill of rights plans
Drew Singer on November 15, 2011 7:47 AM ET

[JURIST] The Scottish Human Rights Commission [official website] on Monday condemned [text, DOC] plans for a UK Bill of Rights [materials; JURIST news archive]. The Bill of Rights would replace the UK Human Rights Act [text, PDF], but Commission leader Alan Miller [official profile] said the new legislation would weaken civil liberties rather than protect them. Instead, he argued, the UK should adopt more international human rights conventions into the already existing Human Rights Act:The status quo is not acceptable either. SHRC's recommendation is that all of the UK's international human rights obligations are incorporated into domestic law, including the UN Convention on the Rights of the Child, the UN Convention on the Rights of Persons with Disabilities and the International Covenant on Economic, Social and Cultural Rights, which is overdue. These protections for the public are all the more necessary in the present times of austerity when budgetary decisions need to be made in ways which do not disproportionately impact upon the most vulnerable in our community. The UK Bill of Rights Commission was appointed by the Ministry of Justice [official websites] and should conclude its work next year.
In February, former UK Lord Chief Justice Lord Woolf warned that a British Bill of Rights, as proposed by various members of the British government, would conflict [JURIST report] with the European Convention on Human Rights [text, PDF], which the UK has incorporated into its law. While the government has not stated an intention to withdraw from the European Convention on Human Rights, Woolf has warned that continued adherence to the convention combined with the creation of a British Bill of Rights will create complications for judges in determining which to follow and further the existing conflict between the UK and the European Court of Human Rights [official website].


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