[JURIST] A European diplomat said Saturday that Russia [JURIST news archive] will not likely support last week's draft resolution that would refer Iran [JURIST news archive] to the UN Security Council [official website] over its nuclear program unless there is an agreement to soften language suggesting that Iran is a threat to world peace and paving the way for a Chapter Seven resolution at the Security Council. France, Britain and Germany circulated the draft resolution on Iran to key members of the International Atomic Energy Agency (IAEA) [official website] on Wednesday, calling for a referral to the Security Council [JURIST report]. Earlier, Iran threatened to block inspections [JURIST report] of its nuclear facilities if the Security Council confronts Iran over its nuclear program. The resolution, as it stands, would open the possibility of sanctions against Iran and calls for Iran to explain its restarted nuclear program [IAEA backgrounder; JURIST report]. Chapter Seven [text] resolutions are binding under international law, enforceable with sanctions and military action in some circumstances. The European diplomat said that the US and Britain are determined to get a Chapter Seven resolution at the Security Council, and it is not clear whether the Europeans will be willing to soften the language of the draft. The US, Britain, France and Germany broke off talks with Iran earlier this month after Iran resumed its uranium enrichment program. AP has more.

[JURIST] Many Iraqis who voted for the new constitution [JURIST news archive; JURIST document] in the October referendum [JURIST report] have begun to call for amendments to its vague and controversial provisions. Those calling for amendments are concerned with the influence of religion on daily life because one clause prohibits any law that "contradicts the established provisions of Islam." There is also concern that the constitution does little to protect women's or human rights, among many other unclear or contradictory clauses in the constitution that raise doubts over the constitution's ability to serve as a set of rules for self-government. Iraqis calling for amendments also contend that the constitution divides Iraq along ethnic and religious lines into three largely self-governing regions, possibly setting the stage for a civil war. In addition, as each region will control future oil discoveries in its own area, the Sunni minority worries that they will not benefit equally from the oil profits, since they live in the oil-poor center of Iraq. As a result of a last minute deal between Shiites and Sunnis [JURIST report] prior to the October referendum, the newly elected Iraqi parliament may review constitutional amendments for up to four months after the new government takes office. If parliament approves any amendments, they will have to send the amended constitution to the Iraqi public for a second referendum. Official results of December's parliamentary elections [JURIST report] revealed Friday that the Shiite alliance failed to earn an outright majority, and will have to rule through a coalition of partners. Additionally, Sunnis gained seats in parliament, allowing them to play a larger role in the possible constitutional amendment process. However, Abdul Aziz Hakim [Wikipedia profile], leader of the Supreme Council for Islamic Revolution in Iraq and the country's most powerful Shiite politician, recently stated that despite the compromise with Sunnis, religious Shiites elected to parliament would not "change the essence" of the constitution [JURIST report]. AP has more.

[JURIST] Syrian President Bashar al-Assad [BBC profile] on Saturday indicated he plans to reject a second interview request from UN investigators running the probe into the bus bombing that killed former Lebanese Prime Minister Rafik Hariri [JURIST news archive]. Assad rejected the first request [JURIST report] last week. Arguing that this is a matter of national sovereignty, Assad vowed not to cave to international pressure, but did pledge to continue cooperation with the probe in a speech to the Arab Lawyers Union. The UN commission has twice implicated top Syrian officials [JURIST report] in the assassination probe and has said that Syria has failed to fully cooperate with the investigation. Assad did not specifically address the request by the UN to interview him and his foreign minister about threats Assad allegedly made against Hariri a few months before the assassination, leaving open the possibility that Assad may agree to meet with UN investigators, but not submit to a formal interview. Former Vice President Abdul-Halim Khaddam [Wikipedia profile] has said in press interviews [text] after his defection to France that Assad had either known about the assassination or gave the orders to assassinate. Syria recently announced plans to try Khaddam, who was expelled from Syria's ruling Baath party [JURIST report], for high treason [JURIST report]. AP has more.

[JURIST] Nepalese police on Saturday used tear gas to disperse protesters gathered to demand democratic reforms in the country after King Gyanendra [BBC profile] seized power [JURIST report] from the interim government last year. Many of Saturday's protesters threw stones and fought with police, and as many as 300 students were taken away in police vehicles [BBC report]. On Thursday, the government arrested [JURIST report] activists and opposition party leaders in an attempt to shut down the anti-government rally before it started. UN Secretary General Kofi Annan, as well as the Human Rights Chief for Nepal, has voiced dismay [Reuters report] at the widespread political arrests on the eve of the demonstration and has called on all sides to resume talks [UN News report]. The US has also condemned the arrests [State Dept. statement; Times of India report]. AP has more.

[JURIST] In an attempt to help resolve the conflict surrounding Indonesia's annexation of East Timor [JURIST news archive], East Timor President Xanana Gusmao [BBC profile] presented a report [press conference summary] to UN Secretary-General Kofi Annan on Friday detailing alleged widespread atrocities committed by the Indonesian government during its occupation of the country. The report, produced by the East Timor Commission for Reception, Truth and Reconciliation [official website], contends that more than 100,000 people were killed or died of starvation, and that there was widespread rape and torture throughout the country. Last year, Gusmao suggested he would withhold the report in order to maintain positive ties with Indonesia, a move which was widely criticized [JURIST report]. BBC News has more. UN News has additional coverage.

[JURIST] Two US military intelligence officers testified on Friday in the court-martial [JURIST report] of Army Chief Warrant Officer Lewis Welshofer Jr. that the interrogation rules in place during the first months of the Iraq war were unclear and that Welshofer was not aware of what techniques were prohibited when he interrogated an Iraqi general in 2003. Welshofer is facing murder charges stemming from the 2003 incident [JURIST report] where Iraqi Major General Abed Hamed Mowhoush was placed in a sleeping bag, bound, and sat on as a means of interrogation by US forces [Washington Post report; Article 32 military hearing transcript, PDF]. Welshofer's defense lawyer argued that the lack of information about interrogation rules played a substantial role in Mowhoush's death. The defense further argued that Welshofer was under immense stress at the time of the interrogation, and that the techniques he employed were permitted by his commanding officers as they attempted to figure out the interrogation rules [AP report]. Welshofer, one of three US military officers originally charged [JURIST report] with murdering Mowhoush, has been standing trial at a US military base in Fort Carson, Colorado. Jurors will commence deliberation on Saturday after closing arguments. AP has more.

[JURIST] US Supreme Court nominee Samuel Alito [official profile; JURIST news archive] on Friday provided additional written answers [PDF text] to questions submitted by Democrats on the Senate Judiciary Committee regarding his views of a variety of legal issues and reiterated statements made during his confirmation hearings that the Constitution protects a right to privacy. As he did during testimony before the Committee, Alito once again refused to answer any questions regarding his views on the 1973 decision in Roe v. Wade [opinion], stating that Roe concerns issues that he may have to decide if he wins confirmation to the high court. Alito did provide answers to other questions posed by the Senators, however, including his views of the 1966 Miranda v. Arizona [opinion] decision requiring police to tell suspects of their rights when taken into custody, saying that reliance on a case "is a fact that counsels in favor of adherence to prior precedent." Also Friday, Senate Majority Leader Bill Frist (R-TN) [official website] on Friday told Republican activists [Reuters report] that Alito is the "worst nightmare of liberal Democrats." Although some Senate Democrats have announced their opposition to the nomination [JURIST report], including ranking member of the judiciary committee Sen. Patrick Leahy (D-VT) [official website], Alito is still likely to pass a vote in the full Senate. The judiciary committee will vote on the nomination Tuesday, with debate in the Senate expected to begin the following day. AP has more.

[JURIST] The Coalition for an Effective African Court on Human and People's Rights [advocacy website], an NGO based in South Africa, on Saturday criticized the process of nominating judges [press release, DOC] to the African Court on Human and Peoples' Rights during the ongoing African Union [official website] summit in Khartoum, Sudan. The coalition said that the nomination process lacked transparency and that several of the judicial candidates did not have adequate experience in human rights [JURIST news archive]. The coalition argues that the AU commission should be responsible for nominating judges to the court, rather than the member states. The protocol [text] for establishing the court came into effect last January and African leaders are expected to appoint judges to the court [Reuters report] Monday. PANA has more.

[JURIST] Defense lawyers for I. Lewis "Scooter" Libby [NYT profile], the former chief of staff for Vice President Dick Cheney indicted last October in the CIA leak case [JURIST news archive], said Friday they plan to subpoena journalists and news organizations for additional documents, such as reporters' notes and records pertaining to the leak of CIA agent Valerie Plame's identity. Libby's defense team told US District Court Judge Reggie B. Walton [official profile] in a joint filing with prosecutors that their request for more document subpoenas will probably delay the start of a trial, though no start date has been set. The lawyers did not indicate the specific news organizations and reporters they plan to subpoena. Special Counsel Patrick Fitzgerald [official website] said he has already given Libby's lawyers over 10,000 documents, but they still seek more. Walton has not yet indicated if he will grant the subpoenas. Libby has pleaded not guilty [JURIST report] to charges [PDF indictment; JURIST report] of obstructing justice, perjury and making false statements. AP has more.

Previously in JURIST's Paper Chase...

• New grand jury hears evidence in CIA leak case
• Fitzgerald suggests CIA leak probe may continue
• Second TIME reporter to testify in CIA leak probe
• Fitzgerald presenting CIA leak case to second grand jury
• Post reporter Woodward testifies in CIA leak case
• Media contests secrecy order in CIA leak case

[JURIST] In anticipation of US Senate Judiciary Committee [official website] hearings next month, Democratic Senators Edward Kennedy (D-MA) [official website; press release] and Patrick Leahy (D-VT) [official website; press release] introduced a proposed Senate resolution [PDF text] Friday, criticizing the Bush administration's authorization of domestic surveillance [JURIST news archive] by the National Security Agency (NSA) [official website]. Presenting the administration's legal authorities [JURIST document] for the NSA's interception of international communications with suspected terrorists that originate in the US, the Justice Department earlier this week relied on the president's commander-in-chief powers and on a 2001 Congressional resolution [PDF text] authorizing the use of force against al Qaeda and other terrorist organizations. The proposed resolution offered by Kennedy and Leahy would "set the record straight" that the 2001 resolution "does not authorize warrantless domestic surveillance of United States citizens." The Senate Judiciary Committee has scheduled a hearing on the NSA program for February 6, and Attorney General Alberto Gonzales [official profile] is expected to testify [JURIST report]. The administration has stepped up its defense of the program in recent days, with the release of the DOJ's legal basis for the program [JURIST report] and a speech by Vice President Dick Cheney [official website] vigorously defending the legality and importance [JURIST report] of the NSA program. AP has more.

[JURIST] US Bankruptcy Judge Eugene Wedoff [official profile] from the Northern District of Illinois signed off on the United Airlines [corporate website] reorganization plan [official website; UAL materials] Friday, in a move that will allow the airline to emerge from Chapter 11 bankruptcy [JURIST news archive] by February 1. The plan was submitted [JURIST report] by United's parent company, UAL Corporation, in September and United is now on track to come out of the nation's longest airline bankruptcy after three years of restructuring. UAL has taken several cost-cutting measures while under reorganization, including severing its employees' pension plans [JURIST report]. Company officials said they are pleased with the outcome [press release]. AP has more.