JURIST - Paper Chase: Monday, December 24, 2012

[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday accused Palestinian military units located in Gaza of violating laws of war by firing rockets into populated areas of Israel. These laws of war [HRW report] prohibit focused attacks on civilians and civilian structures or attacks that distinguish between civilians and military targets. "There is simply no legal justification for launching rockets at populated areas," said Sarah Leah Whitson, Middle East director at Human Rights Watch. Palestinian armed units have claimed that last November's Israeli attacks in Gaza [BBC report] provoked the firing of rockets into Israel and should excuse the Palestinian units from their acts. The rocket attacks which first launched from the Gaza Strip left three Israelis dead and at least 38 wounded. HRW urged Hamas [official website, in Arabic] the source of authority in Gaza to enforce the appropriate laws and punish the offenders.

Tension has recently increased between Israel and Palestine. Earlier this month, HRW accused Israel of war crimes [JURIST report] after the November attacks in Gaza. Also this month, the Israel government rejected the UN General Assembly resolution [JURIST report] to upgrade Palestine's UN status to non-member observer state. Last June, the United Nations addressed the limits on free speech [JURIST report] in Israel and Palestine due to the heightened political intensity in both countries. In May, an Israel military court sentenced a Palestinian protest leader [JURIST report] to 13 months imprisonment for encouraging youth to throw rocks at Israeli soldiers.

[JURIST] India prime minister Manmohan Singh [official profile] in a televised public address on Sunday called for peace and promised to prevent further attacks on women after protest over sex crimes turned violent. Singh reiterated [New Delhi Television report] the government's commitment to providing security to women, but stated that violent clashes with police amid protests was not the answer. Some additional protest resulted when Singh asked "theek hai (alright?)" [New Delhi Television report] after his speech. This heightened atmosphere is the result of the gang rape last Sunday [AFP report] of a student in New Delhi. Six men have since been arrested and each man is presented with a life sentence if it is determined that he played any role in the savage attack.

India has recently dealt with some controversial sexual rights and rape issues. In February, the Indian Supreme Court heard additional arguments [JURIST report] challenging the decriminalization of homosexual intercourse. In 2009, the Delhi High Court decriminalized homosexual conduct [JURIST report] by declaring India's anti-sodomy law unconstitutional. In 2008, the UN found significant evidence that Indian peacekeeping troops committed sex-crimes [JURIST report] while stations with the UN Organization Mission in the Democratic Republic of the Congo.

[JURIST] Venezuelan official stated on Saturday that the country will not be holding a new election, even if President Hugo Chavez [BBC profile; JURIST news archive] is unable to take office on January 10 because of his cancer. Although there is a constitutional mandate [Reuters report] that the President be sworn in on January 10, Chavez is currently recovering in Cuba from an operation which took place after his re-election in October. The recent surgery for Chavez's cancer has raised doubts over whether the Venezuela President is fit to govern for another term. Opposition leaders have demanded that there be new elections due to Chavez's critical health condition and the importance of the swearing in date. A constitutional dispute over the delayed swearing in of President Chavez could lead to a turbulent transition in Venezuela and effect the South America region. Chavez supporters are trying to avoid a public debate over the Venezuelan President's health, keeping details about his condition and treatment secret.

Chavez has been a controversial figure in the region. In July, Chavez announced [JURIST report] that the country would withdraw from the Inter-American Court of Human Rights (IACHR). In a statement during a military ceremony, Chavez announced the withdrawal and criticized the regional court, saying it is not fit to be called a human rights court. The decision came just after the IACHR concluded that the prison conditions of a man convicted in multiple bombings were a violation of his human rights. In 2011, Chavez criticized the IACHR [JURIST report] for ruling in favor of presidential hopeful Leopoldo Lopez, allowing him to run for office despite a separate court ruling barring him from the election. In October 2011, the Supreme Court of Venezuela ruled [JURIST report] that presidential hopeful Leopoldo Lopez remained banned from running in next year's elections. Lopez, an opposition leader, was considered to be a threat to Chavez. As a result of corruption allegations, he was banned from public office through 2014 by the country's comptroller general.

[JURIST] The National Rifle Association (NRA) [advocacy website] CEO Wayne LaPierre dismissed [video; transcript] calls for a renewed ban on assault weapons on Sunday. LaPierre said that an assault weapons ban was a "phony piece of legislation" [AP report]. After LaPierre's interview on Sunday, it is very unlikely that the NRA will support any new regulations on guns. LaPierre reiterated the NRA's support for having an armed police officer at every school in the the country. Democrats in Congress have voiced their support for stricter gun control laws in the wake of the shooting at Sandy Hook Elementary School in Newtown, Connecticut. Democrats in Congress, led by Senator Dianne Feinstein of California are calling for a renewal on the expired ban on certain types of guns and on the number of bullets that a magazine can hold. Last week President Barack Obama called on Vice President Joe Biden to lead a task force to investigate and recommend policies to reduce gun violence in the US.

This story is the latest development in the Second Amendment and gun control debate [JURIST commentary] in the US. In July Florida Governor Rick Scott announced that his state would appeal [JURIST report] the US District Court for the Southern District of Florida [official website] ruling that struck down a Florida law that barred doctors from discussing the dangers of gun ownership with patients. In July 2010 the Chicago City Council unanimously approved a new gun control law that bans gun shops in the city and prohibits gun owners from stepping outside their homes, including porches and garages, with a handgun. Shortly thereafter a group of Chicago citizens, supported by both the NRA and the National Association of Firearm Retailers, filed suit against the city [JURIST report] claiming the new ordinance infringes on their constitutional rights. In June 2010 the US Supreme Court ruled in McDonald v. Chicago [opinion; JURIST report] that the Second Amendment applies to states and municipalities as well as the federal government, thereby overturning Chicago's ban on handguns and raising considerable uncertainty about what amount of regulations of firearms was permissible.