JURIST - Paper Chase: Sunday, November 11, 2012

[JURIST] Voters in Ireland on Saturday approved a constitutional amendment [text] on children's rights that changes existing wording in the constitution to make certain rights more explicit. The new article focuses on making several case law principles explicitly protected in the constitution. First, the amendment repealed Article 42.5 [text] which outlines the cases in which the state may step in as guardian of the child. The new language of Article 42A.2 [Referendum Commission backgrounder] allows the state to take "proportionate" measures as guardian should the child's safety and welfare be at risk regardless of whether the parents are married. Second, the new article explicitly recognizes children's natural rights [Referendum Commission backgrounder]. These rights were only implied through the constitution by the courts before the amendment. The amendment leaves the specific rights to be determined but uses stronger language to ensure existing rights are protected. Third, Article 42A.2 and 3 outline new measures to allow children of both married and unmarried couples to place their children for adoption [Referendum Commission backgrounder]. Previously, it was difficult for married parents to have their child adopted. Finally, Article 42A.4 explicitly recognizes [Referendum Commission backgrounder] "best interest of the child" (BIC) as the primary factor in deciding these issues. While it was previously the common practice, BIC was not explicitly referred to other than in case law. In addition, the new article allows the views of the child to be given weight depending on their age and maturity. The amendment was passed [Irish Times report] amid extremely low voter turnout and controversy surrounding the government's campaign for the referendum.

The campaign for the referendum was highly contested. Controversy surrounding the government's information campaign prompted Ireland's Supreme Court to rule [Irish Times report] that the information provided by the government was not impartial. After this ruling, several representatives called for the vote to be postponed [Irish Times report].

[JURIST] International Criminal Court (ICC) [official website] prosecutor Fatou Bensouda [official profile] is collecting evidence for possible new war crimes charges against Muammar Gaddafi [JURIST news archive] supporters and opposition groups arising out of crimes committed during last year's civil war [JURIST backgrounder]. According to an exclusive Associated Press interview [AP report], the ICC is specifically investigating crimes committed by rebel forces against Gaddafi loyalists and residents of Tawerga as well as further evidence against members of the former Gaddafi government. Tawerga was used to launch attacks on Libya's commercial capital, Misrata. The ICC is looking into allegations that rebel forces subjected civilians in Tawerga to killings, looting, torture and forced displacement. Bensouda also discussed Saif al-Islam Gaddafi [JURIST news archive] who is currently being held by a militia group until he will stand trial. She urged the group to allow Saif al-Islam access to a lawyer and, while she encouraged the group to allow the ICC to prosecute him, should Libya proceed with the national trial the ICC "will continue to monitor what Libya is doing."

The ICC, along with the international community as a whole, is closely monitoring the developments in the Libyan trial process. Earlier this week, Bensouda urged Libya not to grant amnesty [JURIST report] for war criminals on either side of the fighting. In October, Amnesty International [advocacy website] called upon [JURIST report] Libya to hand over former military intelligence chief Abdullah al-Senussi to the ICC. Earlier that month Libyan officials, in a hearing before the ICC, promised a fair trial for Gaddafi's son [JURIST report], Saif al-Islam, and urged the court to allow a national trial. In June four ICC staff members who traveled to Libya to speak with Saif al-Islam were detained [JURIST report] by Libyan security forces. They were in custody for nearly four weeks. Upon her release [JURIST report], ICC lawyer Melinda Taylor said she did not believe Saif al-Islam would receive a fair trial in the country.

[JURIST] HTC and Apple [corporate websites] announced [press release] Saturday that they have reached a global settlement dismissing all patent lawsuits between the parties. The conflict between the two companies arose after Apple initially filed suit [JURIST report] against HTC in the US District Court for the District of Delaware [official website] in March 2010 alleging that HTC infringed several of Apple's patents [press release], and then Apple filed an additional suit to bar HTC from importing its products to the US. The CEOs of both companies stated that they were pleased to have settled the lengthy dispute and would now focus on innovation. The settlement terms are confidential. The companies also reached a 10-year licensing agreement covering the current and future patents of both corporations.

The US International Trade Commission (USITC) [official website] ruled [JURIST report] in June that HTC could not use five patents that it obtained from Google [corporate website] last August in its case against Apple. In December, the USITC ruled in favor of Apple [JURIST report] in its claim against HTC for infringing its "data tapping" patents. A month earlier, the same agency found for Apple [JURIST report] and held that the company did not infringe HTC's patents it obtained from acquiring the subsidiary S3 Graphics Co. In August HTC filed three patent complaints against Apple after the USITC ruled against HTC [JURIST reports] for patent infringement relating to cell phones that run the Android operating system (OS) in July. After the initial lawsuit in March 2010, a second lawsuit was initiated by Apple in July last year when it filed a claim against HTC [JURIST report] with the USITC for patent infringement related to scrolling and touchscreen features.