[JURIST] The French Senate [official website] Thursday voted 158-123 to approve compromise labor legislation [legislative materials] to replace the controversial CPE First Employment Contract [JURIST news archive; JURIST document], completing a governmental retreat from the controversial youth job plan that would have stripped young workers of job protection. The bill, passed [JURIST report] Wednesday by the National Assembly, is expected to be signed into law by President Jacques Chirac [official website] within 15 days.

The new bill calls for increased training and internships for youths, and overturns the CPE exception to French labor laws that would have allowed employers to fire workers under the age of 26 without cause at any time during the first two years of their employment. The CPE, signed into law [JURIST report] by Chirac earlier this month as a solution to youth unemployment, which has risen to 22% nationwide, instigated massive protests [JURIST report] across the country. AP has more.

[JURIST] A spokesman for the Swedish Foreign Ministry [official website] told AFP Thursday that under its current legal structure, Sweden would not be able to incarcerate former Liberian President Charles Taylor [BBC profile; JURIST news archive] following his war crimes trial, but that it could reconsider the request if its parliament passes appropriate legislation this summer.

The UN-supported Special Court for Sierra Leone (SCSL) [official website] wants to move Taylor's trial to The Hague [JURIST report] for security reasons, but the UN Security Council will not approve the venue switch until the SCSL completes its search [JURIST report] for a country that can imprison Taylor if he is found guilty, or a country that will grant him asylum if he is acquitted. Sweden has been considered because its law allows the country to assist certain UN international courts such as the ICC [official website], the ICTY [official website] and the ICTR [official website], but there is no provision to assist the SCSL. AFP has more.

[JURIST] Iran [JURIST news archive] is permitted to develop a civil nuclear program and its resumption of uranium processing does not violate the Nuclear Non-Proliferation Treaty (NPT), a leading British lawmaker said Thursday. Labor Party MP Jeremy Corbyn [official website], vice-chairman of the parliamentary Human Rights group, said in a letter [text] to the Guardian newspaper that Iran's decision to halt production had been a voluntary precaution taken while Iran negotiated with the UN to add favorable protocols to the NPT before they were brought before the UN Security Council, and so it was free to resume production. Last month the Security Council adopted [JURIST report] a statement [press release] directing Iran to cease production, but it was nonbinding. On Tuesday, Iran announced [BBC report] that its scientists had successfully enriched uranium to make nuclear fuel.

Meanwhile, the International Atomic Energy Agency (IAEA) [official website] and the US government continue to press Iran to end its nuclear program. During a press conference held during a 24-hour trip to Iran [IAEA press release], IAEA Director General Mohamed ElBaradei called for Iran to cease uranium enrichment immediately, while Iran's nuclear spokesperson refused to back down [AP report]. The IAEA has until the end of the month to advise the Security Council as to whether Iran has only peaceful intentions behind their nuclear ambitions. US Secretary of State Condoleezza Rice said [AP report] Thursday that the Security Council [official website] should consider adopting a resolution against Iran under Chapter 7 [text] of the UN charter, which permits a military response to maintain or restore international peace and security. Russia and China, who have veto power over Security Council resolutions, have thusfar opposed its application to Iran. From Iran, IRNA has local coverage.

[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] Wednesday sentenced a former Rwandan mayor to 15 years in prison for his participation in the 1994 genocide [BBC backgrounder] that the Rwandan government estimates left at least 937,000 Tutsis and some Hutus dead. Paul Bisengimana, 58, struck a plea deal with ICTR prosecutors in December to plead guilty [JURIST report] to murder and extermination as crimes against humanity, but three other charges of rape and genocide from the original ICTR indictment [PDF text] were dropped.

The ICTR alleged that Bisengimana had ordered the rape of minority Tutsi women and also was involved in transporting soldiers, weapons and fuel during one attack at the Musha church during the 1994 genocide. Bisengimana initially attempted a guilty plea [JURIST report] last November, but the ICTR rejected the plea agreement due to discrepancies between it and the indictment. The ICTR has delivered 26 convictions and three acquittals since its establishment, and the UN has set a 2008 deadline for it to complete trials for 26 other suspects currently under indictment. Reuters has more.

[JURIST] Convicted 9/11 conspirator Zacarias Moussaoui [BBC profile] took the witness stand for the second time [JURIST report] in his sentencing trial [JURIST news archive; case docket] Thursday and lambasted his court-appointed defense attorneys for failing to move the proceeding away from Alexandria, VA, only a few miles away from the Pentagon building that was hit on 9/11. Virginia juries are thought to be more likely to administer the death penalty, and Moussaoui's jury last week found that the so-called "20th hijacker" is eligible for the death sentence [JURIST report]. This is not the first time the issue of venue has been raised: in April 2002 Moussaoui's initial bid to move the trial [CNN report] away from Virginia was denied [PDF order] by presiding judge Leonie Brinkema, who said Moussaoui would receive a fair trial there, despite the high concentration of government workers in Arlington and the media attention given to the Pentagon terrorist strike.

In other testimony Thursday, Moussaoui expressed no regret [Washington Post report] about the 9/11 attacks, but said that he no longer wished execution for his actions, as he had determined that the death penalty was inconsistent with Islamic teaching [Reuters report]. AP has more.

[JURIST] Leading Thursday's environmental law brief, the Appellate Division of the New Jersey Superior Court [official website] has ruled [PDF opinion text] that the New Jersey Department of Environmental Protection (NJDEP) [official website] has the authority to adopt stormwater rules [NJDEP backgrounder] that create 300 foot buffers along designated reservoirs, rivers, and other waterways. The New Jersey Builders' Association (NJBA) [trade website] had challenged the rules, claiming the NJDEP did not have authority to create "no-build zones." The Court Wednesday upheld NJDEP authority and said the NJBA mischaracterized the buffer zones. Read the NJDEP press release on the ruling. AP has more.

In other environmental law news...

• The US Environmental Protection Agency has announced it will relist the Ringwood Mines/landfill site [EPA backgrounder] on the National Priorities List (Superfund) [official website]. This is the first time a site will be relisted. The 500 acre site in Ringwood New Jersey contains abandoned mine shafts and pits, inactive landfills and was a paint sludge waste disposal site for the Ford Motor Co.'s [corporate website] Mahwah Plant. The site was first listed on the NPL in 1983, and was declared clean enough to be removed in 1994. Ongoing monitoring has prompted additional cleanups since 1994, and relisting the site will allow local residents eligible for federal money for monitoring and reimburse some of New Jersey's oversight expenses. North Jersey Media Group has more.
  
  
• The South Africa Departments of Transport [official website] and Environment Affairs and Tourism [official website] have announced [press release] that the waters off the Cape of Good Hope [Wikipedia profile] have been declared a special area under the International Convention for the Prevention of Pollution from Ships [text] by the International Maritime Organization (IMO) [official website]. The IMO is the UN agency with jurisdiction over international shipping and maritime pollution. The declaration will restrict ships from discharging cargo oil residues within 50 nautical miles of the Cape, and will go into effect in February 2008. SAPA has more.

[JURIST] AP is reporting that Nepal's King Gyanendra [official website; BBC profile] has called for general elections and has promised dialogue with the opposition. Opposition political parties have been staging pro-democracy protests [JURIST news archive] for over a week, calling on Gyanendra to abdicate his throne and allow free national elections. In February 2005 Gyanendra seized control of the government and dismissed elected officials [JURIST report].

In a message to the nation [text], Gyanendra said:

Democracy demands restraint and consensus as all forms of extremism are incompatible with democracy. While facing the challenges confronting the nation, democracy also emphasises acceptance of the preeminence of the collective wisdom in charting a future course. Aware of our traditions and sensitivities, as well as the self-respect and self-confidence of the Nepalese people who have always remained independent throughout history, dialogue must form the basis for the resolution of all problems. We, therefore, call upon all political parties to join in a dialogue, which we have always advocated, to bear the responsibility of and contribute towards activating the multiparty democratic polity. We believe that there is no alternative to multiparty democracy in the 21st century and the verdict of the ballot alone is legitimate. It is our wish that in order to reenergize multiparty democracy, there should not be any delay in reactivating all representative bodies through elections. We are in favour of sustainable peace and the people's right to vote. Democratic norms and values demand a commitment that the goals set forth by the Constitution of the Kingdom of Nepal-1990 can be achieved only through constitutional means. It is, therefore, our desire that with the active participation of all political parties committed to peace and democracy, a meaningful exercise in multiparty democracy be initiated through an exemplary democratic exercise like the general elections.

[JURIST] The majority of the provisions in the UK Terrorism Act 2006 [PDF text; Home Office backgrounder] took effect Thursday amidst criticism from rights groups that the measure stifles freedom of speech and will lead to the prosecutions of legitimate political protestors. The law, prompted by the July 7 London bombings [JURIST news archive], was approved [JURIST report] by Parliament last month and makes it a criminal offense to "glorify" terrorism, prohibits the distribution of terrorist publications, and outlaws giving or receiving terrorism training.

Human rights group Liberty [advocacy website] said it is worried that the law will prevent "passionate speech" and silence non-violent political parties. Liberty policy director Gareth Crossman said [press release] Thursday, "These new powers make us not only less free, we are also less safe when we drive dissent underground and alienate minorities." One highly debated aspect of the law - the ability to hold terror suspects for 28 days without charge [JURIST report] - has not yet taken effect, and UK Home Secretary Charles Clarke [official website] is still considering trying to double the length of detention. From the UK, the Telegraph has local coverage.

[JURIST] Egypt has released approximately 950 former militants from the Islamic group Gamaa Islamiya [Wikipedia backgrounder] over the last several days, according to lawyers for the prisoners. Some had been held as long as 25 years. The government began small-scale releases in the 1990s after the group's leaders declared a truce and renounced violence but never have so many been released so quickly. Approximately 2,000 are still being held [Guardian report], among the 12,000 people detained under emergency laws in Egypt [EOHR backgrounder]. Last year two assassins were released [JURIST report] after more than two decades in prison for their ties to the killing of President Anwar Sadat [CNN profile]. Egyptian Prime Minister Ahmed Nazif said last month the emergency laws would be replaced with anti-terror legislation [JURIST report].

Rights groups praised the releases [Reuters report], complaining that many of those detained under the emergency laws didn't receive fair trials or were held after their sentences were completed. Egypt's other main militant group, Islamic Jihad, has no such truce with the government, but a lawyer for Gamaa Islamiya said he expects that to change in the coming years. VOA has more.

[JURIST] Police in Nepal Thursday fired rubber bullets at a peaceful rally of lawyers in the capital Kathmandu, injuring four. Seventeen other lawyers were injured when police charged with batons. 72 lawyers were arrested in total. The lawyers were holding a silent rally demanding democracy, the rule of law and respect for human rights in the Himalayan Kingdom which is currently facing nationwide anti-king demonstrations [JURIST news archive].

Police opened fire without prior warning as the lawyers sat on the streets in protest of the police intervention in their peaceful demonstration. They were led by Nepal Bar Association (NBA) [profession website] President Shambhu Thapa. The Bar Association has decided to boycott all the legal proceedings in Nepal's courts until the arrested lawyers are released and the police involved in the firing are punished.

The use of rubber bullets followed a minor scuffle resulting from police efforts to round up the lawyers. The police then fired nearly a dozen teargas shells to disperse the rally. The police chased the lawyers to Kathmandu District Court, tried to break the gate of the court and hurled stones inside the court premises, according to President of NBA Kathmandu District Court Branch Yogendra Adhikari.

But Nepal's police said the firing occurred when the shotgun carried by a cop fell on the ground after he received a push from the lawyers.

Kiran Chapagain is a special correspondent for JURIST writing from Nepal. He is an Assistant Senior Reporter for the Kathmandu Post.

[JURIST] Women in Iraq had better quality of life and received more respect for their rights under Saddam Hussein's regime than the current system, according to a survey conducted by the Baghdad-based Woman Freedom Organization [advocacy website]. According to the group, women's rights were guaranteed in the constitution under Saddam, and women held important government positions. Now, however, security concerns have forced many women to remain at home, and the Islamic law making up the foundations of the new constitution [JURIST news archive] has been applied so as to suppress women [advocacy op-ed], the group complains. Officials within the government disagree, claiming that women can more readily express their political views and now hold positions in government that had been denied them under Saddam Hussein [JURIST news archive].

The survey also noted an increase in unemployment and poverty levels for women. The number of widows has gone up as well, compounding a problem that has existed since the Iran-Iraq war in the 1980s. IRIN has more.

[JURIST] A medical officer in the British Royal Air Force [official website] was found guilty Thursday of five charges laid against him for refusing to go to Iraq [JURIST report] for a third tour of duty. Flight Lieutenant Malcolm Kendall-Smith [BBC profile] was dismissed from the military, sentenced to eight months in jail, and has to pay £20,000 in costs incurred after he disobeyed the orders. Kendall-Smith said his refusal to deploy was based on his belief that the UK's involvement in the war was illegal [JURIST report] because Iraq had not attacked the UK or one of its allies.

The court-martial [JURIST report] panel agreed with prosecutors who said that Kendall-Smith could not "pick and choose" which military orders he would follow. Kendall-Smith's lawyer says he plans to appeal the panel's decision. BBC News has more.

[JURIST] Australian Prime Minister John Howard [official profile] testified [transcript, PDF] Thursday before a government commission and said that he had not seen several cables [press conference, text] sent to his office which were meant to warn the Australian government that the country's leading wheat exporter was paying kickbacks to Saddam Hussein's former regime [JURIST report] between 1997 and 2003. In a written statement [JURIST report] released by Howard, he said that approximately 68,000 cables come into his office each year, and that his four senior advisors probably did not believe the allegations against the Australian Wheat Board (AWB) [corporate website] were important enough to bring to his attention because the government believed the AWB had a very good reputation at the time. The AWB is accused of paying $220 million to Hussein's government in order to receive grain contracts worth $2.3 billion under the UN's now-defunct oil-for-food program [JURIST news archive].

Howard's testimony follows that of Australian Foreign Minister Alexander Downer [official website] and Trade Minister Mark Vaile [official website] earlier this week, both of whom also denied seeing or reading the cables [JURIST report]. The ministers were called for questioning because evidence that the government was aware of the alleged kickbacks could be a defense for AWB executives if they are found to have participated in the scandal. Meanwhile, more than 20 lawyers and academic scholars sent a letter [ABC report] to the Australian Attorney-General [official website] calling on the Cole Commission [official website] to also open the inquiry into investigating possible corruption by the government. AP has more.

[JURIST] Lawyers for former vice-presidential Chief of Staff I. Lewis "Scooter" Libby [defense profile; JURIST news archive] said in a court filing Wednesday that Libby told a grand jury two years ago that President Bush and Vice President Cheney had authorized him to released previously classified information in response to criticism of the Iraq war, but not the identity of CIA operative Valerie Plame [JURIST news archive]. Court documents [PDF text] filed last week revealed that Libby testified that Bush authorized him to disclose "certain information" [JURIST report] but did not define what the information was.

President Bush has since defended his decision [JURIST report] to declassify portions of an October 2002 National Intelligence Estimate [Wikipedia backgrounder; definition] to support his case for the Iraq war. Libby's lawyers assert that the declassified material made no mention of Plame, and are continuing a legal battle to obtain classified government documents [JURIST report] that may be relevant to his defense. Libby faces obstruction of justice and perjury charges [PDF indictment; JURIST report] in connection with the investigation into the leak of Plame's identity. He pleaded not guilty [JURIST report] to the charges last November. The Washington Post has more.

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile] on Thursday expressed shock and dismay [press release] at the use of violence and arbitrary detention by police and security forces in the ongoing unrest [JURIST news archive] over pro-democracy protests in Nepal [JURIST news archive]. Arbour issued a statement calling on the Nepalese government to reign in police officials and reminding the government of its obligations under international law to use only necessary force towards civilians. Arbour also hinted that Nepal's forces currently involved in UN peacekeeping operations could be removed from service, as many of the same units assigned to the UN are also involved with handling civilian protests. Arbour said that violations observed by her office in Nepal would be reported to the relevant UN officials. eKantipur.com has local coverage.

Meanwhile, a visit to Nepal by a US Congressional delegation led by House Speaker Dennis Hastert (R-IL) [official website] has been cancelled [press release] due to safety concerns. The US embassy in Nepal [official website] has also issued a travel warning [text] and an order allowing non-emergency personnel and family members of staff to leave the country. Nepal has been rocked by more than a week of country-wide protests in opposition to the direct rule of King Gyanendra [official website] imposed last year. AP has more.

[JURIST] US Senate Minority Leader Harry Reid (D-NV) [official website] has called for a quick return to the debate on immigration reform [JURIST news archive] when the Senate reconvenes on April 25. In a letter [text] to Senate Majority Leader Bill Frist (R-TN) [official website], Reid noted the large demonstrations [JURIST report] that have occurred throughout the US in recent weeks and called Frist's handling of a compromise amendment [JURIST report, PDF summary] that stalled last week "very confusing." The compromise would have allowed a portion of illegal immigrants to remain in the United States. Frist, speaking to reporters from a trip to Eastern Europe, blamed Senate Democrats for the deadlock. AP has more.

On Tuesday, Frist and House Speaker Dennis Hastert (R-IL) [official website] said they would reexamine two provisions [JURIST report] of a contentious immigration bill passed by the House of Representatives last year in order to move forward on reform legislation. The House version [HR 4437 summary] contains provisions which would make unlawful presence in the US a felony and could punish groups that provide humanitarian relief to immigrants.

[JURIST] Leading Thursday's international brief, the US and UK representatives to the UN Security Council [official website] introduced a list of four individuals in Sudan [government website] that they allege have taken active steps to frustrate the attempted peace process in the Darfur region [JURIST news archive]. The list includes a call for sanctions to be imposed against the individuals [Bolton briefing transcript], including the suspension of travel rights and the freezing of all assets. Under Security Council procedure, a call for sanctions of this kind may be objected to for up to 48 hours after submission, but because of the Easter holiday, the objection period has been extended to Monday. If no objections are lodged, the sanctions take effect immediately. Since financial sanctions are included, the names on the list will remain classified until a decision concerning the implementation of sanctions has been reached. Russia has responded to the list by saying that it wishes to study the names to ensure that imposing sanctions will not simply exacerbate the problems occurring between rebel forces and Sudanese government representatives. The Sudan Tribune has local coverage.

In other international legal news ...

• The Australian government [official website] has announced plans to conduct all asylum hearings for refugees arriving by boat on island processing facilities. The decision is aimed at the large and increasing number of refugee seekers coming from Indonesia to Australia. The new procedure will treat every arrival to Australia by boat as if they had arrived at a UN refugee processing center. Under Australian law, physical presence inside the country's territory grants certain constitutional rights, including due process rights. The Australian government has used island processing facilities to hold asylum hearings for refugee seekers that need only adhere to minimum UN standards instead of Australian constitutional rights. The decision is part of an ongoing dispute [BBC report] between Indonesia and Australia over its decision to grant asylum to 42 asylum seekers from the disputed Papua province. JURIST's Paper Chase has continuing coverage of Australia [JURIST news archive]. The Sydney Morning Herald has local coverage.

[JURIST] Judges in Italy Thursday began examining some 43,000 problematic ballots to see whether including them in official returns might change the result of a national parliamentary election [Wikipedia backgrounder] held April 9-10 that seems to have given former center-left prime minister Romano Prodi [campaign website, in Italian] a narrow victory over current conservative incumbent Silvio Berlusconi [official profile; JURIST news archive]. Official results [latest tabulations, in Italian] from Italy's Interior Ministry [official website] indicate that Prodi's winning margin - in the lower house of parliament, just 25,000 votes out of 38.1 million ballots cast - was the narrowest in modern Italian history. Berlusconi has already called for a recount and has suggested polling irregularities, although he has backed away from earlier statements alleging outright fraud [Reuters report]. Approximately 1 million ballots were rejected outright, and Berlusconi has demanded checks be carried out of some 60,000 polling stations nationwide. An editorial in the Milan daily Corriere della Sera Thursday raised the prospect of an "Italian-style Florida", hearkening back to the US recount ordeal in the aftermath of the 2000 Presidential election [JURIST archive]. Ironically, a law adopted early in Berlusconi's administration that allowed Italians overseas to vote from abroad may have helped to topple him; expatriate Italians now have 6 senators and 12 deputies, and turned out in significant numbers [AP report] in the US and elsewhere to exercise their franchise for the first time.

The results of the Italian vote must be certified by the country's highest court before becoming official. Parliament is scheduled to meet April 28 and has to select a new president by May 13, who in turn will have to call on either Prodi or Berlusconi to attempt to form a government. Outgoing president Carlo Azeglio Ciampi [official website] has declined in the circumstances to name Prodi to office in the waning days of his own term. AP has more.

[JURIST] Vladimir Kovacevic [ICTY case backgrounder], a Serbian commander charged with war crimes [second amended indictment] for his part in the 1991 attack [BBC report] on the Croatian city of Dubrovnik, has been declared unfit to stand trial because of mental illness by the International Criminal Tribunal for the former Yugoslavia [official website, JURIST news archive]. After an initial appearance at which he was unable to enter a plea, a series of mental health evaluations were ordered that resulted in his June 2004 provisional release [decision, PDF] to Serbia to receive psychiatric treatment. In December 2005, the ICTY held a hearing to review Kovacevic's condition and on Wednesday published their decision [PDF text, press release] declaring Kovacevic unfit to enter a plea and stand trial. The case has been dismissed without prejudice and Kovacevic may face charges if his condition improves.

Kovacevic, nicknamed "Rambo" by his men, was arrested in October 2003 and charged with six counts of violating the rules of war including murder, attacks on civilians, and devastation not justified by military necessity. The exact nature of his illness is unclear because portions of the decision related to his diagnosis were redacted to protect his privacy. Former Yugoslav general Pavle Strugar was sentenced to eight years in prison [JURIST report] last year for his role in the Dubrovnik attack. Reuters has more.