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Legal news from Monday, November 26, 2012




ICC: Nigeria Islamist group has committed crimes against humanity
Brandon Gatto on November 26, 2012 3:13 PM ET

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[JURIST] The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) [official websites] has accused a group of Islamist radicals of committing crimes against humanity in Nigeria. According to the OTP's 2012 Report on Preliminary Examination Activities [text, PDF], there is a reasonable basis to conclude that Boko Haram [BBC backgrounder], an Islamist militant group that endeavors to create an Islamic state, has violated several provisions under Article 7 of the Rome Statute [text] since launching a widespread attack in July 2009 that has resulted in the killing of more than 1,200 Christian and Muslim civilians throughout Nigeria. In particular, Boko Haram has allegedly committed crimes of against humanity under Article 7's provisions related to murder and persecution. The Prosecutor also found that the attacks have been committed pursuant to the policies of Boko Haram leadership, which seeks to impose an exclusive Islamic government at the expense of Christians. Given the findings, the OTP has advanced the preliminary examination of the situation in Nigeria to phase 3, which entails an assessment of whether Nigerian authorities are conducting genuine proceedings as a result of the alleged crimes. The report also noted that there was no reasonable basis to conclude that Niger Delta militants and Nigerian government security forces had also committed crimes against humanity in Nigeria, as alleged [JURIST report] by Human Rights Watch (HRW) [advocacy website] last month.

Boko Haram, which means "Western education is a sin," has been fighting to overthrow the Nigerian government and create an Islamic state and has warned Christians in the mostly Muslim northern regions to leave the area. The group has publicly claimed responsibility for several attacks, including church bombings [AFP report] on December 25 that killed approximately 40 people last year. In January UN High Commissioner for Human Rights Navi Pillay [official profile] urged Nigerian leaders from all sectors of society to make a concerted effort to stop the sectarian violence [JURIST report]. The Christmas day bombings were internationally condemned, including being labeled as "senseless violence" by the White House and acts of "blind hatred" by the Vatican [AFP reports]. Additionally, the UN Office of the High Commissioner for Human Rights [official website] has previously expressed concern [JURIST report] over acts of ethnic violence by Boko Haram. Specifically, the Office described the group's bombing of a UN building in Nigeria [VOA report] in August 2011 as "cowardly." At least 18 people were killed in the attack.




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UN expert urges countries to provide education without discrimination
Blake Lynch on November 26, 2012 3:02 PM ET

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[JURIST] Independent UN expert Kishore Singh on Friday urged world leaders [press release] to guarantee the availability of quality education without discrimination, particularly for girls, minorities and indigent children. "The right to education means more than just being able to attend school," Singh said. Singh also emphasized the increasing importance of educational quality in technical and vocational education and training in a quality perspective of education. These comments were made in Paris following the first Global Education for All [official website] meeting led by the UN Educational, Scientific and Cultural Organization [official website]. Education for All aims to bring educational benefits to every citizen in every society and has provided a framework of specific goals for governments to accelerate progress for meeting educational goals by 2015.

These statements are part of a global call for the elimination of discrimination in educational settings. In September the UN urged Bosnia and Herzgovina [JURIST report] to do more to promote the education of minorities within the country. Also in September the Human Rights Watch commented on the lack of academic freedom [JURIST report] for many students, particularly women, in Iraq. In April Amnesty International challenged European governments to do more to address discrimination [JURIST report] against Muslims in educational settings. Last December the UN also spoke against discrimination of LGBT individuals [JURIST report] in educational settings.




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Zimbabwe rights defenders facing harassment: report
Addison Morris on November 26, 2012 1:25 PM ET

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[JURIST] Human rights defenders in Zimbabwe continue to be harassed, victimized and threatened, according to a report [text, PDF] released Monday by the Observatory for the Protection of Human Rights Defenders (OBS) [FIDH backgrounder]. The OBS, a joint program of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture [advocacy websites], published the 31-page report entitled "Zimbabwe: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period." The report stated that "a climate of impunity still prevails" among Zimbabwean authorities:
Zimbabwean authorities have continued to resort to pieces of legislation to selectively and systematically restrict the space for the enjoyment of freedoms of expression, association and assembly of human rights defenders, and to encourage and condone serious violations of their rights, including arbitrary arrests and detentions or acts of torture.
With the upcoming referendum for a new Zimbabwean Constitution, slated for the end of 2012, and the approaching March 2013 general elections, the OBS fears that human rights defenders will be threatened with a potential rise in violence due to the collusion between security forces and the current presidential party. The OBS submitted many recommendations for reform to Zimbabwean authorities. Among these were the requests that the government guarantee in all circumstances "the physical and psychological integrity of all human rights defenders in Zimbabwe" along with "the freedoms of opinion and expression."

Zimbabwe has encountered similar human rights issues in the past. In March various human rights groups urged South African courts to prosecute Zimbabwe for violations including torture and forced labor [JURIST reports] of civilian workers in illegal mining camps. In June 2009 Amnesty International [advocacy website] released a report [press release] stating that Zimbabwe was still experiencing serious human rights violations, [JURIST report], such as the arrest and detention of human rights activists, and needed to confront issues that led to such problems.




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Serbia asks UN tribunal to hand over evidence against freed Croatian generals
Daniel Mullen on November 26, 2012 12:16 PM ET

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[JURIST] The Serbian Office of the War Crimes Prosecutor [official website] sent a letter [press release, PDF] to the International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] on Monday requesting materials and evidence from the case files of two Croatian generals, whose convictions were overturned [JURIST report] by the ICTY last week. The 3-2 decision to overturn the convictions has sparked outrage [AP report] in Serbia where many view the tribunal as biased since Serbs comprise the majority of those convicted under the tribunal. While Serbia seeks the case file materials in order to consider bringing charges against the generals in Serbia, a retrial in Serbia or The Hague is unlikely absent compelling new evidence.

The two generals, Ante Gotovina [BBC backgrounder] and Mladen Markac [Trial Watch backgrounder], were initially found guilty [JURIST report] of crimes against humanity and war crimes for involvement in Operation Storm [BBC backgrounder] during the Croatian war for independence. However, the five-judge appeals chamber ordered the immediate release [ICTY press release] of the two generals after finding that the trial judge committed numerous errors and that the prosecutors failed to prove the existence of a criminal conspiracy. Croatia has welcomed the decision as validation of their claim that they were the victims in the Balkan wars and Gotovina and Markac are considered heroes in Croatia. However, the decision has jeopardized the dialogue between Croatian President Ivo Josipovic and Serbian nationalist President Tomislav Nikolic [official websites] as the two sides seek to reconcile.




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Germany prosecutors charge former Nazi for 1944 killing
Alison Sacriponte on November 26, 2012 10:37 AM ET

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[JURIST] German prosecutors on Monday charged 91-year-old former member of the Nazi Waffen SS [USHMM backgrounder] Siert Bruins with the murder of a Dutch resistance fighter in 1944. The Dortmund prosecutor [official website, in German] accused Bruins of executing [AP report] captured Dutch Nazi-opposition fighter Aldert Klaas Dijkema in September 1944 outside the town of Appingedam. Bruins and an accomplice, who has since died, are accused of taking Dijkema, a prisoner at the time, to an isolated location and then shooting him four times. The suspects reported at the time that Dijkema had been trying to escape when they shot him. The case has been assigned to a separate court in Hagen to determine whether the case should proceed. Bruins, who obtained German citizenship through his service in the German military, has been taken into custody. Bruins has already served time in the 1980s for the murders of two Dutch Jews during the war.

Germany has recently reopened investigations [JURIST report] and begun prosecuting Nazis for war crimes. In March John Demjanjuk, a former guard at a Nazi death camp who had been convicted in Germany of helping to murder thousands during the Holocaust, died while awaiting his appeal [JURIST reports]. In January German prosecutors filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. In September 2011 alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges. The Dortmund state prosecutor also brought murder charges [JURIST report] against another former Waffen SS soldier, Heinrich Boere, for killing three Dutch resistance fighters in July 2009. The following year Boere was sentenced [JURIST report] to life in prison.




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Apple adds products to Samsung patent infringement suit
Benjamin Minegar on November 26, 2012 10:16 AM ET

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[JURIST] Apple [corporate website] filed a motion on Friday in the US District Court for the Northern District of California [official website] requesting permission to add six additional products to its patent infringement claim against Samsung Electronics [corporate website]. According to court documents, Apple seeks to supplement its claim [Bloomberg report] with newer Samsung products brought to market after the original lawsuit was filed in February. These include the Galaxy SIII, Galaxy Note and several tablet and smart-phone designs that run on the Android Jelly Bean and Ice-Cream Sandwich operating systems. The motion elaborates: "Apple has acted quickly and diligently to determine that these newly released products do infringe many of the same claims already asserted by Apple, and in the same way that the already-accused devices infringe." Apple's request comes after a judge ruled [JURIST report] earlier in November that each company would be allowed to pursue additional patent infringement claims against the other, including Samsung's claim that Apple's recently released iPhone 5 violates it patents. The lawsuit is one of two pending patent infringement cases [case materials] between the companies and is currently scheduled for trial in 2014.

Apple's motion is the most recent event in a protracted patent litigation battle [JURIST op-ed] with Samsung that spans over four continents. Last month a judge for the US International Trade Commission [official website] issued a preliminary ruling [JURIST report] that Samsung infringed four of Apple's patents relating to smartphone design and touchscreen technology. In October the Dutch Rechtbank's-Gravenhage [official website, in Dutch] court ruled that Samsung did not infringe [JURIST report] on an Apple software patent. In the same month a UK court also ruled that Samsung did not infringe [JURIST report] on an Apple design patent. Also in October, Apple defeated [JURIST report] patent infringement claims made by Samsung in Japan, overcoming Samsung's attempt to enjoin iPhone sales in the country. At the beginning of October, the US Court of Appeals for the Federal Circuit reversed an injunction [JURIST report] against Samsung that prevented it from selling its Galaxy Nexus product. Earlier in August, Apple won a $1.05 billion judgment [JURIST report] in the Northern District of California against Samsung involving other patent infringements.




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