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Legal news from Wednesday, October 17, 2012




Uganda official denies support of Congo rebels
Jerry Votava on October 17, 2012 3:08 PM ET

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[JURIST] Ugandan officials have denied allegations contained in an unreleased UN Security Council [official website] report that Uganda has assisted rebel forces in the Democratic Republic of the Congo (DRC). Ugandan foreign affairs minister Okello Oryem vehemently denied [Al Jazeera report; video] the allegations [Reuters report] that his government has sent troops and supplies to support the the 23 March Movement (M23) rebels. M23 is a group of a group of renegade soldiers attempting to destabilize the Eastern region of the DRC. Oryem called the report "rubbish and hogwash." He noted that the UN had not sent investigators into Uganda regarding this matter. Oryem also speculated that the UN was circulating the report "because on the ground in the eastern DRC there is the biggest number of UN peacekeeping operations in the whole world with the largest budget in the whole world, and [yet] they have failed to do anything in the past five to ten years."

In August the UN Security Council [official website] reiterated their condemnation [JURIST report] of M23, and called on all foreign entities to cease aiding M23 and begin working with the Congolese government to dismantle the organization. That condemnation came two months after a report was leaked in June about Rwandan involvement in the DRC following an initial call for a halt in the violence in the region [JURIST reports]. Uganda [JURIST news archive] has drawn international criticism lately regarding its human rights record. In June Uganda's government banned 38 NGOs accused of promoting gay rights [JURIST report]. Earlier in June UN Secretary-General Ban Ki-moon [official profile] warned [JURIST report] that the Lord's Resistance Army (LRA) [BBC backgrounder; JURIST news archive] still poses a threat to children in Uganda.




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UN Security Council urged to strengthen relationship with ICC
Sung Un Kim on October 17, 2012 2:53 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday argued [press release] that justice suffers from the weak relationship between the UN Security Council and the International Criminal Court (ICC) [official websites] and the inconsistency of referrals. HRW urged the Security Council to address the issue in the open debate "Peace and Justice with a Special Focus on the Role of the International Criminal Court" that took place on Wednesday. Currently, under the Rome Statute [text], the Security Council can refer a situation involving a violation of international human rights under Chapter VII [text] of the UN Charter. However, the Council has referred only two situations up to now: the situation in Darfur in 2005 and the situation in Libya in 2011 [JURIST report]. Moreover, the HRW condemned the Council for changing its position during the ICC's Libya investigation when it ceased to support the ICC amid change in the country's political circumstances. HRW stated that the Council's "selectivity and double standard in making—and failing to make—referrals" has a detrimental effect on the ICC's effectiveness. During the open debate, UN Secretary-General Ban Ki-moon [official profile] called for a stronger collaboration between the Security Council and the ICC to achieve international peace and justice. Director of the court's Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko [official profile] stated that the relationship between the two entities could be strengthened by "extending interaction beyond specific situations referred by the Council and creating space for open discussions on thematic issues." HRW had previously called the 121 ICC member states to address the issue in the open debate in September letter [press release].

Since its inception in July 2002 the ICC [JURIST backgrounder] has become a dominant organization in international relations and the premiere tribunal for the prosecution of war crimes. During the period since ICC was established, it has investigated and prosecuted atrocities in countries including the Democratic Republic of Congo, Kenya, Libya, Sudan and Uganda. Earlier this month, former militia leader of the Democratic Republic of Congo Thomas Lubanga Dyilo [case materials] appealed [JURIST report] his ICC conviction and sentence. He was convicted [JURIST report] in March for the war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. In August the Chief Prosecutor of the ICC Fatou Bensouda [official profile] filed an updated version [JURIST report] of the charges against the four defendants in the two cases stemming from the 2007 Kenyan post-election violence [JURIST news archive]. The trials against the four defendants have been set to begin [JURIST report] next April after the ICC expressed its desire to start the two Kenyan trials simultaneously [JURIST report] to avoid any appearance of bias in the March 2013 presidential election.




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Ninth Circuit allows Montana campaign contribution limits for upcoming election
G. Redd on October 17, 2012 1:20 PM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Tuesday that it will keep Montana's campaign contribution limits in place for the duration of the election season, extending a stay on a lower court decision [JURIST reports]. The appeals court ruled that changing the finance rules less than one month before election day and after absentee voting has already started would prove unfair to candidates who have followed these rules throughout the present campaign cycle. The court also held that because Montana's campaign contribution limits are among the lowest in the country, removing that limit as a matter of free speech pursuant to the 2010 US Supreme Court [official website] decision Citizens United v. Federal Election Commission [opinion; JURIST report] would drastically alter the playing field. In choosing to extend its stay of the district court's injunction against the law, the court evaluated the following factors:
(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.
American Tradition Partnership [advocacy website], one of the groups challenging the law, said [press release] that while the ruling is a setback, it intends to continue challenging the law and expects to "prevail in the end."

The conflict in Montana is part of a larger movement [JURIST report] that brings the controversial Citizens United decision under fire. Last month the Supreme Court of Appeals for West Virginia [official website] struck down [JURIST report] a campaign law that provided that a publicly financed candidate would receive matching governmental funds after a certain threshold was met for each dollar spent by a private candidate. Earlier that month, a federal appeals court struck down [JURIST report] a Minnesota law that required disclosure of campaign contributions. In August, Nebraska's high court also struck down [JURIST report] its law that would have required the government to contribute to certain candidates to eliminate disparities between them and their opponents.




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US violent, property crime rates increased in 2011: DOJ
Kyle Webster on October 17, 2012 12:34 PM ET

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[JURIST] The US Department of Justice (DOJ) [official website] announced Wednesday that both violent crime and property crime rates increased from 2010 to 2011 [report, PDF; press release]. This is the first time the DOJ has reported an increase in crime rates since 1993. Overall violent crime, which the DOJ defines as rape or sexual assault, robbery, and aggravated and simple assault, increased by 17 percent. Property crime, which the DOJ defines as burglary, theft, and motor vehicle theft, increased by 11 percent. The DOJ attributed the increase in violent crime to an increase in reported assaults, emphasizing that rates for the other areas stayed steady or dropped. In the press release, the DOJ explained that overall violent crime is still trending downward:
While the percentage change in violent crime from 2010 to 2011 is relatively large, the actual difference between the rates for those years (3.3 victimizations per 1,000) is below the average annual change in violent crime (4.3 victimizations per 1,000) over the past two decades. The low rates make the percentage change large, but crime still remains at historically low levels. Since 1993, the rate of violent victimization declined 72 percent.
The full report was released by the Bureau of Justice Statistics and is based on estimates of data from the National Crime Victimization Survey [official websites].

Overall crime rates in the US have been on the decline in recent years. In June the FBI [official website] announced that the violent crime rate had decreased [JURIST report] for the fifth year in a row. This seeming disparity between agencies is due to a broader definition of violent crime utilized by the FBI that is inclusive of murder and other crimes not included in the DOJ report. Crime rates have descended in other North American nations as well. In July Canada reported the lowest crime rates [JURIST report] since 1972. Last year USA Today issued a report showing a decrease in violent crimes [JURIST report] along the US-Mexico border.




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HRW alleges Libya war crimes during capture of Sirte
Keith Herting on October 17, 2012 11:52 AM ET

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[JURIST] Scores of Muammar Gaddafi [BBC obituary; JURIST news archive] loyalists, and perhaps Gaddafi himself, were "summarily executed" when rebels sacked the ruler's final stronghold last year, Human Rights Watch (HRW) [advocacy website] reported [text] Wednesday. According to HRW, when a team of researchers with the group arrived in Sirte [press release] following the battle they found "the decomposing remains of at least 53 people at the nearby Mahari Hotel, some with their hands still bound behind their backs." The report, entitled "Death of a Dictator: Bloody Vengeance in Sirte," details the last hours of Gaddafi's life and the circumstances that eventually led to Gaddafi's execution. According to the report:
Anti-Gaddafi forces captured alive an estimated 150 persons after the battle. They transported some 70 of these survivors to Misrata and held them there in custody, but at least 53 and possibly as many as 66 people were found dead the next day at the nearby Mahari Hotel. Amateur video footage recorded by a Misrata fighter shows 29 of the detained persons being beaten, slapped, insulted and spat upon by their captors, at the place of their capture. Six of the twenty-nine in the video have been identified by Human Rights Watch as being among the bodies photographed later on the grounds of the Mahari Hotel.
HRW noted that the execution of prisoners is a war crime and that "Libyan civilian and military authorities have an obligation to investigate war crimes and other violations of international humanitarian law."

Gaddafi's death marked a milestone in the Libya conflict [JURIST backgrounder], which began in February 2011 [JURIST report] as part of a wider protest movement, commonly referred to as the "Arab Spring," that had spread throughout the Middle East and North Africa. In August Libya elected [JURIST report] a Gaddafi opponent to be interim president. Last October family members of Gaddafi filed a complaint [JURIST report] against the North Atlantic Treaty Organization with the International Criminal Court for its alleged role in Gaddafi's death. Also last October, the UN Office of the High Commissioner on Human Rights [official website] called for a full investigation [JURIST report] into his death.




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Federal appeals court upholds city funeral protest ban
Keith Herting on October 17, 2012 10:40 AM ET

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[JURIST] The US Court of Appeals for the Eighth Circuit [official website] on Tuesday upheld [opinion, PDF] a municipality's ban on funeral protests. The court ruled that a ban on funeral protests in Manchester, Missouri, was a legitimate restriction on the First Amendment, calling it a "legitimate time, place, and manner regulation" and saying it gave protesters ample opportunities to express their views in other venues. The challenge to the ordinance came from members of the Westboro Baptist Church [JURIST news archive] who routinely protest the funerals of soldiers and claim that US soldiers killed in combat are God's retribution for American tolerance of homosexuality.

Westboro's challenge relied heavily on the US Supreme Court's 2011 decision in Snyder [text] which held that funeral protests were a valid exercise of the First Amendment. In Snyder v. Phelps the court ruled [JURIST report] that the protests are protected speech because they are public discourse which speak to broad issues including the "political and moral conduct of the United States and its citizens." It is expected that this most recent ruling will be appealed to the Supreme Court.




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Karadzic opens defense before ICTY
Julia Zebley on October 17, 2012 9:46 AM ET

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[JURIST] Former Bosnian Serb leader Radovan Karadzic [ICTY case summary, PDF; JURIST news archive] began his defense Tuesday in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] by denying all charges against him. Karadzic opened by describing himself [Guardian report] as, a "medical doctor, psychiatrist, psychotherapist, group analyst and writer." He then testified that not only had he committed no war crimes, but he should be rewarded [BBC report] for the efforts he made to finding a peaceful resolution in the Yugoslav conflict.
Instead of being accused for the events in our civil war, I should have been rewarded for all the good things I've done, namely that I did everything in human power to avoid the war; that I succeeded in reducing the suffering of all civilians that the number of victims in our war was three to four times less than the numbers reported in the public; that I proclaimed numerous unilateral ceasefires and military containment and I stopped our army, many times, when they were close to victory; that I constantly sought peace and accepted four out of five peace agreements; that I advocated and initiated and implemented the humanization of the conflict by applying all measures of humanitarian action; that, in addition to my many presidential duties, I personally supervised the supply of humanitarian aid, ceasefires, and the honoring of the international law of warfare. And thus, I was the address for many successes of humanitarian actions. Also, I proclaimed and implemented many acts of mercy.
Later in his opening argument, Karadzic accused Bosnian Muslims of staging some of the attacks on Sarajevo, suggesting that they had used mannequins to trick the international community into believing there were Bosnian causalities. Karadzic called one witness on Tuesday, Colonel Andrei Demurenko, who has testified in other ICTY hearings that Bosnia was the aggressor in the conflict and that the Serbian forces have been smeared by Western media. Demurenko was the Russian Chief of Staff for the UN peacekeeping mission. Karadzic will have 300 hours [JURIST report] to present his case. The defense is expected to run two years.

Karadzic has been accused of participating in the planning of the 1995 Srebrenica Massacre [BBC backgrounder; JURIST news archive], which resulted in the death of more than 8,000 Muslim men and boys. In August the ICTY denied Karadzic's request for a new trial after he argued that the prosecution had failed to disclose [JURIST reports] crucial information until after trial. The court reasoned that the delay in disclosing evidence has not infringed on Karadzic's right to a fair trial, although the court noted that "the number of disclosure violations in this case has reflected badly on the Prosecution." In early June the judges from the ICTY went on a five-day visit [JURIST report] to locations relevant to the indictment of Karadzic. They visited Bosnia and Herzegovina (BiH) and Srebrenica and surrounding areas. This visit came just months after the ICTY sentenced [JURIST report] former president of the municipality of Sokolac, BiH, Milan Tupajic to two months in prison for refusing to testify against Karadzic. In February former Commander of the Bosnian Serb Army Ratko Mladic [BBC profile; JURIST news archive] accused [JURIST report] the ICTY of being biased.




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Supreme Court rejects Ohio early voting appeal
Julia Zebley on October 17, 2012 8:25 AM ET

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[JURIST] The US Supreme Court [official website] on Tuesday denied [order, PDF] a stay application [JURIST report] in Husted v. Obama for America [docket], allowing early voting for all Ohio citizens in the three days preceding the November election. The court declined the stay without comment or dissent. After the order, Ohio Secretary of State Jon Husted [official website] issued a directive [text, PDF], establishing guidelines for voting in Ohio on November 3 through 5. He also released a statement conceding the loss [text]: "[T]he time has come to set aside the issue for this election."

Ohio officials filed an emergency appeal [text, PDF] with the Supreme Court last Tuesday seeking permission to allow enforcement of a regulation [HB 194] that would have ended early voting for everyone except overseas military members three days before election day. Husted and Attorney General Mike DeWine filed the request to stay an order by the US Court of Appeals for the Sixth Circuit [official website] which ruled that the early voting polls should remain open [opinion, PDF]. President Barack Obama's campaign and the Democratic National Convention (DNC) challenged the law as a violation of the Equal Protection Clause [Cornell LII backgrounder] because of its alleged impact on certain groups of voters. Both Obama for America and the Ohio Attorney General [JURIST reports] filed briefs to the Supreme Court on the issue.




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