[JURIST] The Israeli supreme court [court website] on Monday ordered the army to reopen its investigation of the shooting of a US peace activist in April 2003, giving the military just 90 days to interview six witnesses to the shooting that left US peace activist Brian Avery [Democracy Now interview] with severe facial disfigurement after a violent altercation between Palestinian protestors and Israeli soldiers. Following its brief original inquiry, the army announced that it had no knowledge of the shooting and declined to pursue an official investigation. Avery and the [advocacy website], a non-violent pro-Palestinian activist group for which he was working at the time of the shooting, petitioned the court to order a criminal investigation of the incident, calling the court's attention to the six eyewitnesses whom the army declined to interview. AFP has more.

[JURIST] A federal judge in South Carolina Monday granted a motion for a writ of habeas corpus [JURIST report] for Jose Padilla [BBC profile], giving the Bush administration 45 days to either charge the terror suspect with a crime or set him free. In detaining Padilla for more than two years as an "enemy combatant", the government has maintained that he was planning a "dirty bomb" attack against the US. Judge Henry Floyd of the US District Court for the District of South Carolina issued a 23-page ruling [PDF] finding that the detention is not permissible, and that the President does not have the power, either express or implied, to hold Padilla indefinitely without bringing charges. The Bush administration will appeal the decision to the US Court of Appeals for the Fourth Circuit. AP has more.

[JURIST] A US District Court judge has refused to block new federal campaign finance regulations that an abortion rights interest group claims will hinder its ability to participate in political campaigns, and by extension impinges upon its First Amendment rights. US District Judge Colleen Kollar-Kotelly [official profile] refused a request for preliminary injunction by EMILY's List [advocacy website], which backs female Democratic candidates who support abortion rights, and is suing to overturn the relevant Federal Election Commission [official website] regulations that went into effect Jan. 1. Under the new regulations, groups must use "hard money" - limited donations from individuals - to cover at least half of overhead costs, while the use of soft money - corporate, union, and unlimited donations - for specific federal political campaigns or elections is expressly prohibited. AP has more,

[JURIST] The US Supreme Court [official website] heard arguments Monday in Spector v. Norwegian Cruise Line [case backgrounder from Duke Law School], 03-1388, dealing with the issue of whether foreign cruise ships that stop at US ports must comply with Americans with Disabilities Act [text] provisions protecting disabled passengers from discrimination. The lawsuit against Norwegian Cruise Line Ltd. [corporate website] involves three cruises that originated in 1998 and 1999 in Houston and went onto foreign ports. Several justices today expressed skepticism that foreign cruise lines would have to make changes to their ships at great costs to comply with the US law, even though they make only occasional stops at US ports. The justices also pondered if disability law does not apply, then other US laws barring discrimination may not apply. The case is on appeal from the US Court of Appeals for the Fifth Circuit [official website] which held [opinion, PDF] the ADA does not apply to foreign ships. That decision was contrary to another made by the Eleventh Circuit, which has jurisdiction over the cruise-heavy state of Florida. The ABA has merit briefs for the case. Reuters has more.

[JURIST] Ten years after the world's nations pledged to achieve equality for women in the Beijing Declaration [text], the progress meeting organized by the UN Commission on the Status of Women [official website] started Monday with controversy over American insistence that abortion should not be recognized as a human right. The Commission had wanted to reaffirm the Beijing platform and to focus the new meeting on overcoming roadblocks to women's equality in areas such as health, education, employment, political participation and human rights. The Beijing declaration, framed during a UN conference [official website] in the Chinese capital in 1995, called for governments to end gender discrimination and stated women can "decide freely and responsibly on matters related to their sexuality free of coercion, discrimination and violence." At that time attempts were made to make abortion a sexual right, but after a heated debate it was treated as a public health issue. However, the declaration did call on governments not to punish women who had undergone illegal abortions. Friday, the US proposed an amendment to the declaration which reaffirmed the Beijing platform but only if it did not include the right to abortion. The issue is expected to dominate the conference. About 100 government delegations and 6,000 activists are involved in the Beijing declaration progress review. AP has more. The UN provides continuing live coverage of the Beijing +10 meeting through March 11.

[JURIST] UK Home Secretary Charles Clarke [official profile] has indicated in a letter to his Conservative Party shadow that he will amend the Prevention of Terrorism bill [text, PDF] so that the government would have to apply to a judge before detaining terror suspects under house arrest without trial. The amendment appears to mark a change in the government's position, which had long resisted pressure for judges to be responsible for such orders. Prime Minister Tony Blair's office has however denied [Number 10 press release] any concession, saying the home secretary would still grant police the power to arrest and detain any terror suspect while a judge decided the issue. Under Clarke's amendment, the home secretary would have to apply to a High Court judge for a control order who would then have 48 hours to decide whether to grant the order. Clarke is seeking house arrest and other powers to replace indefinite jail terms for foreign terror suspects which the UK law lords found breached human rights. BBC News has more.

[JURIST] The US State Department [official website] Monday released its 2004 annual reports on human rights practices in 196 countries, delivering with sharp criticisms of rights situations in Middle Eastern allies Saudi Arabia, Jordan, and Egypt. The document also censured China, Russia and the six countries identified by the Bush administration as "outposts of tyranny:" Iran, North Korea, Burma, Belarus, Zimbabwe and Cuba. The government of Sudan was rebuked for allowing the killing of civilians by government-backed militia in Sudan's Darfur province [Human Rights Watch backgrounder]. On the positive side, the report cited human rights improvements in Afghanistan, Iraq, and Ukraine, saying the increased citizen participation in national elections exhibits "momentum for the improvement of human rights practices for all people participating in them." Review the Country Reports on Human Rights Practices report, and the text of an accompanying State Department statement. AFP has more.

[JURIST] In Monday's international brief, France's National Assembly [official website in French] met today in joint session with the country's Senate [official website] at the historic Palace of Versailles to approve an amendment to the French constitution [official text] that would permit the nation to hold a referendum on approving the proposed European constitution [official website]. The amendment was made necessary after the French Constitutional Court [official website] held that the nation's current constitution could not legally coexist under the proposed EU constitution. French President Jacques Chirac [official profile] is scheduled to announce the date of the referendum, expected to take place in late May or early June, later Monday. While most polls show the majority of French citizens in favor of the European constitution, anti-EU activisits have been arguing that a vote for the EU constitution is a vote for the inclusion of Turkey into the European Union [official website], an event most French are opposed to. Historically, French citizens have also used national referendums to express displeasure with the current administration. Parliament voted for the amendment 730 to 66, with 96 abstentions. Read the official French parliament dossier on the amendment [in French]. BBC News has more.

In other international legal news ...

• Officers of South Africa's National Defense Force [official website] has alleged that Sudan [government website] is purposefully delaying the deployment of peacekeeping troops to the country in accordance with the mandate from the African Union [official website]. Rear Admiral Edward Ratala, director of operations for the AU peacekeeping force, has alleged that Sudan's creation of no-fly zones that prohibit transport of the troops, as well as the requirement for visas and passports from the Sudanese government which they haven't granted are part of a planned effort to delay the deployment of the peacekeeping troops. South Africa has stated that is will be sending few if any of its women troops to the area due to concerns about clashes between "religous traditions" and South Africa's equal oppurtunity policy towards women in the military. The Sudan Tribune has local coverage.
  
  
• Nepalese police arrested members of 17 different protesting groups on Sunday. The protests were organized by the Nepali Congress [advocacy website], a pro-democratic advocacy group that has loudly objected to the the steps taken by the Nepalese government [official website] since the dissolution of the democratic elements of the government by King Gyanendra [BBC profile] on February 1 of this year. The majority of the protests were organized by the National Student's Union, the youth division of the Nepali Congress. JURIST's Paper Chase has continuing coverage [JURIST Countries archive] of Nepal. Kantipur Online has local coverage.
  
  
• Former US President William Clinton [official profile] visited Taiwan for the first time Sunday since he became President in 1993, calling on both Taiwan and China to put aside their differences and "work together for common economic goals." Clinton visited the tiny island nation as part of a tour of Asian countries and spoke at a conference of the Taiwan Foundation for Democracy [advocacy website]. He actually flew directly to Taiwan from China, an unheard of event until earlier this year. China [government website] expressed displeasure at the visit, reiterating its position that Taiwan is an renegade province that is still part of mainland China's control. Taiwan walks a fine line between existing within the status quo, and pushing for full, internationally recognized independence, a move which China states will result in war. The Taipei Times has local coverage.

[JURIST] The Supreme Court Monday granted certiorari to a case raising the question of when plaintiffs can sue in federal court, as opposed to state court. The question has lately sparked an important political debate, as plaintiffs often prefer to pursue claims in state courts, where payouts are larger for class-action lawsuits. Earlier this month, President Bush signed new legislation [official bill text] aimed at steering more of these lawsuits to federal court. The case that the Supreme Court will hear will require the justices to clarify what determines a corporation's "citizenship" when a company has subsidiaries in multiple states. At issue is whether Virginia tenants can sue their landlord, Lincoln Property Co., in Virginia state court over exposure to toxic mold in their apartment. The Texas-based company has a subsidiary in Virginia. The Fourth Circuit Court of Appeals ruled the suit was permitted on grounds that Lincoln was a "citizen" of Virginia [opinion text]. The case is Lincoln Property Co. et al v. Roche, 04-712. Read the Court's full order list [PDF].

3:28 PM ET - The Supreme Court also granted certiorari in two other cases Monday:

• In Richards v. Prairie Band Potawatomi Nation, 04-631, the court will consider whether states can tax motor fuel that is sold on Indian reservations. The justices will consider whether states may tax non-Indian companies that distribute fuel to reservations with the expectation that the companies would then be able to recoup their costs from tribal retailers. Federal law does not allow taxing of tribal retailers without congressional approval. The United States Court of Appeals for the Tenth Circuit ruled in favor [opinion] of the Indian tribes saying the tax violates tribal sovereignty and also created a barrier to interstate commerce. The Court is expected to hear arguments in the fall with a ruling expected in July 2006. AP has more.
  
  
• In Garcetti v. Ceballos, 04-473, the Court will consider whether a whistleblower prosecutor may sue his former employers for retaliation after reporting wrongdoing by the sheriff's office. The issue involves the First Amendment [text] which protects government workers from discharge if their conduct involves a 'public concern' rather than personal issues. The United States Court of Appeals for the Ninth Circuit ruled [opinion, PDF] that the prosecutor's speech was constitutionally protected and therefore the district attorney's office did not have immunity. AP has more.

[JURIST] Former WorldCom [JURIST Hot Topic news archive] chief Bernard Ebbers [Wikipedia profile] testified Monday at his corporate fraud trial, now in its sixth week in Manhattan federal court. Ebbers said on the stand that he was unschooled in accounting and finance and that he left money decisions to his finance chief, Scott Sullivan. Ebbers is accused of orchestrating an $11 billion fraud which led to the largest bankruptcy in US history. "I know what I don't know," said Ebbers, "I don't, to this day, know technology. I don't know finance and accounting." Ebbers, a onetime basketball coach, characterized his role as being more of a "coach" for the company. Ebbers' testimony focused on his poor grades in school and his lack of knowledge about matters of finance and bookkeeping. "The closest thing I've ever had to an accounting course is a preliminary course in economics," he said. Sullivan is the chief witness for the prosecution against Ebbers. Sullivan previously testified that he was ordered by Ebbers to commit fraud by making false reports of revenue and earnings numbers to Wall Street. Having Ebbers take the stand is a risky move, as it now opens up Ebbers to cross-examination. The New York Times reports on the strategy of having Ebbers testify [subscription required]. Reuters has more on today's testimony.

[JURIST] Judges of the International Criminal Tribunal for the Former Yugoslavia [official website] Monday upheld the convictions of four Bosnian Serbs who found guilty in 2001 of crimes against detainees at a wartime prison camp in Bosnia. Miroslav Kvocka, Mladjo Rdaic, Zoran Zigic and Dragoljub Prcac had received sentences of five to twenty-five years for sexual and physical assaults on the prisoners, and murder. The men had worked at the notorious Omarska camp, one of 30 prison camps where thousands of Muslims and Croats were tortured and killed at the beginning of the Bosnian war in 1992-1993. Canadian Press has more. Read the appellate opinion [text].

[JURIST] Lebanon's Prime Minister Omar Karami announced the resignation of his administration on Monday, just before a no-confidence vote was scheduled to take place. Karami had been under popular pressure to resign after his government was implicated in the February 14 assassination of former Prime Minister Rafik Hariri [BBC report]. Hariri had staunchly opposed Syria's presence in Lebanon, where Karami had been backed by the Syrian government. Earlier Monday, thousands of Lebanese protestors defied a government ban and took to the streets in Beirut to protest Syria's military presence in Lebanon [CNN report]. Though confident he would win a no-confidence vote, Karami announced his resignation in Parliament, saying, "Out of concern that the government does not become an obstacle to the good of the country, I announce the resignation of the government I had the honor to lead." Reuters has more. The Lebanese Daily Star has local coverage.

[JURIST] Leading Monday's corporations and securities law news, the Financial Times is reporting [subscription req'd] that New York Attorney General Eliot Spitzer [official website] has expanded his inquiry into the corporate governance and accounting practices at American International Group (AIG) [corporate website] by looking at the company's relationship with Barbados-based Coral Reinsurance. Spitzer also requested information from the Delaware insurance regulator about C.V. Starr which has a majority-ownership by AIG executives. AIG's relationship with Coral was investigated by Delaware regulators in the mid-1990s but was cleared of any wrongdoing. Now Spitzer wants look at AIG's relationship with Coral as part of his broader inquiry into accounting practices in the insurance industry. CBSMarketWatch has more.

In other news...

• Federated Department Stores Inc. [corporate website] has announced it will buy May Department Stores Co. [corporate website] for $11 billion in cash and stock. The deal will create a company which is better able to compete with discount giant Wal-Mart Stores Inc. [corporate website] at one end of the retailing spectrum and upscale merchants at the higher end. This is the latest merger to occur in the department store industry which has steadily lost market share for more than a decade. Read the Federated press release. AP has more.
  
  
• Drug maker Bradley Pharmaceuticals Inc. [corporate website] announced the SEC has started an informal investigation into the company over alleged violations of securities laws. The SEC is asking for documents relating to revenue recognition and capitalization of certain payments at the company. Read the Bradley press release. AP has more.
  
  
• Biogen Idec [corporate website], the third-biggest US biotechnology company, and Irish partner Elan Corp. [corporate website] told doctors to suspend dosing of their multiple-sclerosis drug Tysabri until further notice after one death was reported. Tysabri [informational website], which was the first new type of drug in eight years to treat MS, just received US approval last November. Read the Biogen press release and listen to its webcast detailing the suspension. Bloomberg has more.
  
  
• Shell [corporate website] announced it has signed a $6 billion deal with Qatar to supply liquid natural gas to North America and Europe. Shell will own 30% of the project with Qatar's state-owned oil firm running the rest. Read the Shell press release. BBC News has more. Also Qatar, France's Total [corporate website] and Exxon Mobil [corporate website] have agreed to a deal for the Qatargas-2 liquefied natural gas export project. Under the deal Total will own a 16.7% stake in the project while Exxon will own 18% of the project. Read the Total press release. Reuters has more.
  
  
• Mylan Laboratories Inc. [corporate website] and King Pharmaceuticals Inc. [corporate website], two of the biggest generic drugmakers, announced they could not agree to terms for Mylan to buy King and have scrapped the deal. Read the Mylan press release. Reuters has more.

[JURIST] The Iraqi Special Tribunal [governing statute] has finished preliminary investigations into some of the crimes allegedly committed by Saddam Hussein’s top aides and announced Monday that the first group of five will be sent to trial. The five include Hussein's half-brother Barzan Ibrahim al-Hassan al-Tikriti [Trialwatch.org profile], former vice president Taha Yassin Ramadan [CBS profile], and three other senior Baath party members. They face crimes against humanity charges relating to the killing of at least 50 Iraqis in the Shiite town of Dujail, north of Baghdad, in retaliation for the unsuccessful 1982 assassination attempt against Hussein. Although no date was given for trials to begin, today’s announcement marks the first time the special court has issued referrals, similar to indictments, the final step before trials can start. AP has more. The UK's Daily Telegraph has background on the Dujail crackdown, while the official list of Coalition detainees in Iraq can be accessed here [in Arabic].

[JURIST] A lawyer for Mikhail Khodorkovsky [JURIST Hot Topic archive; BBC profile], former CEO of Russian oil giant Yukos [corporate website], has said that his client's trial on tax fraud and other charges could end in April. Yuri Shmidt said that while he doubts the judge's ruling will exonerate his client, he is confident that Khodorkovsky will prevail in the end. Khodorkovsky was arrested at gunpoint in 2003, and his trial [defense website] has been at the heart of the government's attack on Yukos and dismantling of the former oil empire. He testified for three hours [JURIST report] on Friday, denying guilt of the charges against him; he now faces a week of questioning from the judge in the case. The Russian Journal has extensive local coverage of the Yukos saga. AP has more.

[JURIST] General Rasim Delic [BBC report], who headed the Bosnian Muslim army during most of the Bosnian civil war that spanned the 1990s, left Sarajevo for the Hague Monday to surrender to the UN tribunal and face trial for war crimes. The International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] released an indictment [text] last week charging Delic with failing to prevent the murders of several dozen Bosnian Serb and Croat prisoners of war at the hands of foreign mujahedin, or Islamic holy warriors, who fought under his command as the El Mujahed unit. Some of the prisoners, who died between 1993 and 1995, were decapitated. Delic received a warm send-off from Sarajevo airport: Bosnian Prime Minister Adnan Terzic and several hundred former soldiers came to see him off. Addressing the crowd before boarding the plane, Delic said, "Don't worry. Justice will win." He has previously stated that he does not feel responsible for the deaths of the prisoners because there were three levels of command between him and the El Mujahed unit. AFP has more.

[JURIST] Former Iraqi dictator Saddam Hussein will face trial in a reinforced metal cage, much like the one used for the character Hannibal Lecter in the 1991 film, the Silence of the Lambs, London's Sun reports in its Monday edition. The tabloid quoted an unidentified source who stated that Hussein will be kept in an underground cell and will use a lift travel to and from the courtroom, which will be inside one of his palaces in Baghdad's Green Zone. The Sun has the full story; its print edition carried exclusive photos of the "cage.". AAP has more.

[JURIST] A controversial bankruptcy bill first introduced in 1997 goes up for consideration again Monday in the US Senate [official website]. The bill aims to limit the ability of consumers to declare bankruptcy and have their debts nullified. Republican Senator Chuck Grassley [official website], author of the legislation, asserts that instead of being used as a last resort, bankruptcy is being used as a convenient method for escaping debt. The credit card industry supports the bill, while several consumer advocacy groups argue that misuse of bankruptcy laws is over-stated and the bill will hinder consumers genuinely in need of declaring bankruptcy. The four seats picked up by Republicans in the November elections give a 55-vote majority to bill supporters. Democratic Senator Charles Schumer [official website] has successfully blocked the bill twice by adding on an amendment prohibiting individuals from filing for bankruptcy protection to avoid paying fines for illegal protests at abortion clinics. This year, support for Schumer's amendment has faltered, and Republicans are convinced they can block the amendment's introduction. Watch a webcast of the Senate proceedings at 2 PM ET. Read the text of the proposed bill [PDF]. The Financial Times has more.

[JURIST] Saajid Badat, a British citizen, pleaded guilty in court in London Monday on charges of conspiring to place an explosive device on an aircraft in service. Prosecutors plea-bargained Badat in light of evidence indicating that he voluntarily withdrew from the plot after returning from his training. Badat, a 25 year old from Gloucester, received suicide bomber training in Pakistan and Afghanistan and was in possession of materials needed to slip an explosive device onto a commercial airliner. The device was identical to the one used by Richard Reid [BBC profile], the "shoe bomber" that attempted to set off an explosive hidden in his shoe on a flight from Paris to Miami in December, 2001. Investigators found phone cards linking Badat to Reid and both of them to their alleged terrorist contact, Nizar Trabelsi, now in prison in Belgium. BBC News has local coverage.

[JURIST] Mohamed ElBaradei [official profile], Director General of the International Atomic Energy Agency [official website], called Monday for Iran to be more open and proactive in providing information to the UN nuclear watchdog organization concerning its nuclear programs. His remarks were made at the opening session of the IAEA Board of Directors meeting, just one day after Iran [official presidency website] and Russia signed an agreement [BBC report] under which Russia will supply Iran with uranium fuel for its first nuclear reactor. Part of the agreement specifies [Reuters report] that Iran will return spent fuel, which can be refined into weapons-grade uranium, to Russian control. The US alleges that Iran's attempt to build nuclear reactors is a cover for developing nuclear material to be used in nuclear weapons. Read the IAEA transcript of ElBaradei's remarks. JURIST's Paper Chase has continuing coverage [JURIST Countries archive] of Iran. Reuters has more.

[JURIST] Opposition parties, as well as election monitors from the Organization for Security and Cooperation in Europe [official website], alleged Monday that fraud had tainted the weekend parliamentary elections held in Tajikistan [BBC country profile; DC embassy website]. Tajikistan's largest opposition party, the Islamic Renaissance Party, has accused government agents of vote-rigging and false reporting. OSCE observers stated that they witnessed "direct falsification" that they believe casts the entire election into doubt. The elections were not expected to cause a power shift, as President Emomali Rakhmonov [profile] and his ruling National Democratic Party hold all but two parliamentary seats. In the months leading up to the election Rakhmanov began closing independent and opposition newspapers and lauched criminal investigations into to opposition candidates. Read the OSCE press release and the statement on preliminary findings [official PDF text]. AP has more.

[JURIST] Citizens in Burundi [BBC profile] voted Monday for the first time in 12 years on a constitutional referendum. The proposed constitution is designed to create an ethnically balanced government for the nation that has been suffering from an intense civil war ever since President Melchior Ndaday, Burundi's first democratically elected president, was assassinated by Tutsi rebels following his election in 1993; it was the last time Burundians were able to vote. The African nation borders Rwanda, and shares many of its difficulties in trying to balance a large Hutu population with a powerful Tutsi minority. Results are not expected until late Tuesday or possibly early Wednesday, as large voter turnout and lack of voting cards are expected to keep the polling places open well past their intended closing times. President Domitien Ndayizeye [BBC profile], head of the transitional government, has called on all sides to preserve the peace during the referendum. Reuters has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, Feb. 28.

The US Supreme Court [official website] is scheduled to hear oral arguments in two cases beginning at 10 AM ET today. In Spector v. Norwegian Cruise Line Ltd. [case backgrounder from Duke Law School], 03-1388, the Court will decide whether Title III of the Americans with Disabilities Act [text] applies to foreign cruise ships operating in US waters. The ABA has merit briefs for the case. In Pace v. DiGuglielmo [case backgrounder from Duke Law School], 03-9627, the Court will resolve a circuit court split on federal habeas petitions filed under the Antiterrorism and Effective Death Penalty Act of 1996 [text]. The ABA has merit briefs filed in the case.

The US Senate [official website] convenes at 2 PM ET today, when it will consider S. 256 [bill summary], the Bankruptcy Abuse Prevention and Consumer Protection Act. Watch a live webcast of proceedings.

The US House [official website] is not in session today. It will resume its session Tuesday, March 1.

The US Department of State [official website] will deliver an annual human rights report at 9 AM ET today. Watch a live webcast of the news conference via C-SPAN 2.

At the UN, the 49th session of the Commission on the Status of Women [official website] opens today at 10 AM ET and will run until March 11. View the opening session agenda [text, PDF]. At the 12 Noon ET daily press conference, UNICEF Executive Director Carol Bellamy will brief on the ten-year review of the Beijing Plan of Action on sexual exploitation of women. A round-table discussion will be held on institutional arrangements to promote gender equality at the national level beginning at 3 PM ET. All events are available via a live webcast.

The Security Council [official website] will hold a 10 AM ET meeting on the situation in Timor-Leste. Watch a live webcast of the meeting.

Burundi [government website in French] is scheduled to hold a constitutional referendum today.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case backgrounder] continues, with a webcast beginning at 9:30 AM local time [3:30 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues, with a webcast beginning at 2:45 PM local time [8:45 AM ET]. The appeals chamber is also scheduled to hand down an opinion in the case of Miroslav Kvocka, Mladjo Radic, Zoran Zigic, and Dragoljub Prcac [ICTY case backgrounder] at 2:15 PM local time [8:15 AM ET]. Listen to audio of the judgment. Read the ICTY press release.