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Legal news from Sunday, December 2, 2012




Colombia, Nicaragua presidents express hope for peaceful resolution of water dispute
Cynthia Miley on December 2, 2012 1:40 PM ET

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[JURIST] The presidents of both Colombia and Nicaragua [BBC profiles] on Saturday expressed hope for avoiding war and using dialogue to resolve a territorial and maritime dispute following a recent ruling [text, PDF] on the issue by the International Court of Justice (ICJ) [official website]. The ICJ ended the dispute between the two nations by ruling that Colombia has sovereignty [JURIST report] over a group of small islands in the western Caribbean, while Nicaragua has control over a large amount of the surrounding sea and seabed. Following the ruling Colombia withdrew [Reuters report] from the treaty [text] binding the country to the ICJ's decisions. Both countries have placed warships in the disputed waters. Nicaraguan President Daniel Ortega stated that his country is discarding the use of force as an option and would use communication to achieve peace. Colombia's Juan Manuel Santos stated that war is a last resort, and the way to fix the situation is through dialogue. Santos also stated that Colombia would seek to overturn the decision. Colombians have been protesting the ruling, staging nationwide marches.

In its ruling the ICJ decided unanimously [press release, PDF] that Colombia had sovereignty "over the islands at Alburquerque, Bajo Nuevo, East-Southeast Cays, Quitasueno, Roncador, Serrana and Serranilla." The court recognized that the boundary lines they appropriated effectively divided the relevant in Nicaragua's favor, but found that the results were not disproportionate enough to create inequity. Nicaragua originally brought legal action against Colombia in December 2001, claiming that Colombia had no legal control of the islands. Public hearings were finally held between April and May of this year. A portion of Nicaragua's argument was rejected in 2007, when the ICJ upheld a 1928 treaty between Nicaragua and Colombia [JURIST report] establishing that Colombia owned the islands of San Andres, Providencia and Santa Catalina.




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Egypt high court suspends all work in face of heavy protests
Cynthia Miley on December 2, 2012 1:40 PM ET

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[JURIST] Egypt's Supreme Constitutional Court [official website] on Sunday indefinitely halted its operations amid pressure from protestors aiming to block the judges from meeting to rule on the validity of the country's new constitution [text, PDF]. Supporters of President Mohamed Morsi [BBC backgrounder] flooded the court [BBC report], blocking the judges from entering and forcing them to delay hearing a case scheduled for Sunday that would permit them to dissolve the constituent assembly that drafted the new constitution. The constitution was hurriedly approved [JURIST report] on Friday in anticipation of the Sunday hearing. On Saturday Morsi set December 15 for a referendum on the new constitution. Tens of thousands of moderate and conservative Islamists gathered around Cairo University in support for the constitution, cheering as Morsi announced the referendum. However tens of thousands of liberal and secular protesters, who have been protesting Morsi for over a week after he issued a decree [JURIST report] vastly expanding his powers, objected to the constitution-writing assembly [WP report], stating that the body was unrepresentative after liberal, secular and Christian members had left. Such protesters are calling for Morsi to abandon his decree and begin the constitution drafting process anew, but Morsi dismissed the idea of drafting a new constitution. Mass protests have been scheduled for Tuesday.

Egypt has undergone political turmoil since its revolution [JURIST feature] last year. Earlier this week Egyptian courts suspended work [JURIST report] to protest Morsi's recent decree, which removed judicial review of his actions and vastly expanded his power. Morsi had agreed to meet with the judges [JURIST report] earlier this week to discuss the decree. In October Human Rights Watch [advocacy website] urged Egypt to amend its proposed constitution [JURIST report] to comply with international treaties. In August a lawyer in Egypt filed an appeal challenging a declaration by Morsi granting himself complete legislative and executive power [JURIST reports]. In July, a few days after he was sworn in as president, Morsi issued a decree [JURIST reports] calling the Egyptian parliament back into session, despite a previous ruling by the Supreme Constitutional Court dissolving parliament after finding that one-third of its members were elected illegally. The court suspended Morsi's decree two days later, after which Morsi vowed that he would respect the ruling [JURIST reports]. Days before its dissolution, the Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council. In April the country's Administrative Court temporarily suspended [JURIST report] the work of the Egyptian Constituent Assembly after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel.




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Kenya presidential candidates facing ICC trial announce joint election campaign
Matthew Pomy on December 2, 2012 1:14 PM ET

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[JURIST] Two Kenyans facing charges in the International Criminal Court (ICC) [official website] announced Sunday that they will be running together in the country's upcoming presidential race. Deputy Prime Minister Uhuru Kenyatta and former cabinet minister William Ruto [case materials] are two of four Kenyans set to stand trial in the ICC in April for crimes against humanity arising out of the 2007 post-election violence [JURIST news archive] in which more than 1,000 people died. The two candidates announced [Reuters report] that they will be running together in the next presidential election, scheduled to take place in March. Despite assurances otherwise, many are concerned the pair will not agree to stand trial should they win the election a month before the hearing. Additionally, some have challenged the pair's campaign by claiming the ICC charges render them unsuitable candidates. ICC Chief Prosecutor Fatou Bensouda [official profile] visited Kenya [JURIST report] in October in preparation for the trial of the four Kenyans, at which point she emphasized that the trial will proceed, and Kenyatta and Ruto will not be given immunity if they win the election.

Concern surrounding the trial has been growing as the trial and election draw closer. In October the ICC called for complete cooperation [JURIST report] from the Kenyan government in the investigation and trial process. In June the ICC expressed its desire to start the two Kenyan trials simultaneously [JURIST report] to avoid any appearance of bias in the presidential election. In May the appeals chamber of the ICC rejected [JURIST report] the jurisdiction challenges in the two cases presented by the defense, clearing the way for trial. The defense lawyers had argued that the court lacks subject matter jurisdiction over the cases. The appeal stemmed from the pre-trial chamber's decision to confirm the charges [JURIST report] against the four men in January. The ICC claimed jurisdiction over the case despite Kenya's calls for dismissal [JURIST report].




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Israel rejects Palestinian Authority statehood despite UN resolution
Matthew Pomy on December 2, 2012 12:15 PM ET

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[JURIST] The Israeli government on Sunday unanimously rejected the recent UN General Assembly [official website] resolution [text] upgrading Palestine's UN status to non-member observer state. In response to the UN action Israel passed its own domestic resolution that rejects the General Assembly's decision entirely [Jerusalem Post report] and claims it has no effect on Israeli citizen's rights to disputed territory. The Israeli resolution also states that Israel will not allow the UN resolution to affect future negotiations and peace talks. Israeli Finance Minister Yuval Steinitz further announced [Al Jazeera report] that the Israeli government will not transfer taxes collected on behalf of the Palestinian Authority (PA) to the PA, and will instead use those revenues to off-set the debt of Palestinian companies for electrical usage. The funds are customs duties levied on Palestinian goods that come through Israeli ports, amounting to tens of millions of dollars transferred to the PA every month. The amount of taxes currently being withheld by Isreal is estimated to be $120 million.

Tensions have increased between Israel and Palestine recently. Last week Israel decided to build 3,000 new housing units in the West Bank [Jerusalem Post report] in response to the UN vote on Thursday recognizing Palestinian statehood [JURIST report]. Earlier last month, UN High Commissioner for Human Rights Navi Pillay [official profile] pressured Israel to avoid strikes on civilian structures [JURIST report] in Gaza. This came only several days after Pillay called for official peace talks between the two sides [JURIST report]. In August, Amnesty International [advocacy website] called on Israel [JURIST report] to investigate its treatment of Palestinian detainees, alleging that two had been mistreated.




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