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Legal news from Sunday, July 30, 2006




'Grave breaches' of international humanitarian law by both sides in Mideast conflict: Annan
Bernard Hibbitts on July 30, 2006 2:16 PM ET

[JURIST] Opening an emergency meeting of the UN Security Council [recorded video] Sunday, hours after an Israeli air strike that killed over 60 civilians [JURIST report] in the Lebanese village of Qana, UN Secretary-General Kofi Annan said [statement text] that "both sides in this conflict bear a heavy responsibility, and there is strong prima facie evidence that both have committed grave breaches of international humanitarian law." Annan continued:

The present fighting began on 12 July, with an unprovoked Hizbollah attack on Israel and the kidnapping of two Israeli soldiers. Since then, Hizbollah has continued firing rockets indiscriminately into northern Israel, from positions apparently located in the midst of the civilian population.

No one disputes Israel’s right to defend itself. But, by its manner of doing so, it has caused, and is causing, death and suffering on a wholly unacceptable scale.

As you know, I have repeatedly condemned all actions that target civilians, and the High Commissioner for Human Rights has reminded all parties that they may be held accountable for any breaches of international humanitarian law.
Annan urged the Council to act to bring about an immediate cessation of hostilities. He told reporters later that he expected the Council to issue a Presidential Statement, although US UN Ambassador John Bolton suggested that what would emerge would be an expression of condolence for the latest "tragedy." The UN News Center has a summary of the Council statements.

8:32 PM ET - In a just-announced Presidential Statement [text], the Security Council has expressed "extreme shock and distress" at the loss of life in the Qana incident but has not condemned the attack. US UN Ambassador John Bolton told reporters afterwards that the US objected to any stronger language that would be "conclusory" about the nature of the incident before an investigation. French UN Ambassador Jean-Marc de La Sabliere, current president of the Council, said the statement was a compromise, but was nonetheless a step forward for the Council in addressing the crisis, especially in its call for an end to violence.






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Israeli air raid killing over 60 Lebanese civilians denounced as 'war crime'
Brett Murphy on July 30, 2006 1:20 PM ET

[JURIST] Arab leaders have denounced as criminal and a breach of international law an Israeli air strike on the Lebanese village of Qana Sunday that killed over 60 civilians - mostly women and children - as the Middle East conflict [JURIST news archive] entered its nineteenth day. The death toll is the highest of any single incident involving non-combatants in the fighting so far. Lebanese Prime Minister Fouad Siniora [BBC profile] immediately labeled the attack a "war crime." Arab League [official website, in Arabic; Wikipedia backgrounder] Secretary-General Amr Moussa [BBC profile] said in a statement that "aggressions by Israeli troops that target Lebanese civilians and infrastructure is a confirmation of Israel's hostile intentions, its insistence on ignoring its international commitments and its violation of international law." Jordan's King Abdullah II [official profile] joined in criticizing Israel, stating that the air raid "represents a flagrant violation of international law and conventions;" he urged "an immediate ceasefire and called on the international community to shoulder its responsibilities in finding a way out of this crisis and put an end to the Israeli aggression."

Following the air strike, Lebanese officials told US Secretary of State Condoleezza Rice [official profile], attempting to conduct shuttle diplomacy in the region, that they will not meet with her until there is a ceasefire. Rice had been expected to travel between Jerusalem and Beirut in a bid to stem the conflict. UPI has more. Reuters has additional coverage.

1:35 PM ET - Israel's Foreign Ministry has issued this statement by Israeli Prime Minister Ehud Olmert:

I express my deep regret, shared by the entire State of Israel and the IDF, for the death of civilians in the village of Qana. Qana was used for launching rockets at Kiryat Shmona and Afula. All residents were warned to leave. There are hiding places for rockets inside the village, and the village itself constitutes a shelter for rocket launchers. We have no policy of killing innocent civilians. For 18 days thousands of missiles have been fired, aimed at murdering innocent civilians in the north.
An earlier communique [text] by the Israel Defense Forces (IDF), featuring video of rockets being fired towards Israel from behind civilian buildings, said that deaths to civilians were "the result of Hizbullah terrorist organization's contemptible use of Lebanese civilians as human shields."

3:12 PM ET - In a statement [text] to the diplomatic corps Sunday, Lebanese Prime Minister Siniora repeated his call for an immediate ceasefire and pressed for "an international investigation into the continuing Israeli massacres in Lebanon, in violation of international laws and conventions and basic human decency."

4:45 PM ET - New York-based monitoring group Human Rights Watch Sunday condemned the Qana bombing, saying in a statement text] that "This latest, appalling loss of civilian life underscores the need for the U.N. Secretary-General to establish an International Commission of Inquiry to investigate serious violations of international humanitarian law in the context of the current conflict.... [C]onsistent failure to distinguish combatants and civilians is a war crime." HRW added "Human Rights Watch has also documented Hezbollah’s deliberate and indiscriminate firing of Katyusha rockets into civilian areas in Israel, resulting in 18 civilian deaths to date. These serious violations of international humanitarian law are also war crimes." Executive Director Kenneth Roth said, however, that “War crimes by one party to a conflict never justify war crimes by another.”

5:10 PM ET - AP is reporting that Israel has agreed to suspend aerial action over south Lebanon for 48 hours while it investigates the Qana attack, according to a US State Department spokesman.

7:14 PM ET - The State Department has posted the full text of the statement by spokesman Adam Ereli in Jerusalem:
Israel has agreed to a 48-hour suspension of aerial activity in South Lebanon while it investigates today’s tragic incident in Qana. Israel has, of course, reserved the right to take action against targets preparing attacks against it.

During this time, Israel will coordinate with the UN to allow a 24-hour period of safe passage for all residents of South Lebanon who wish to leave. Humanitarian convoys remain in effect. We expect that Israel will implement these decisions so as to significantly speed and improve the flow of humanitarian aid.







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Iran threatens to reject nuclear incentives if UN adopts sanctions resolution
Brett Murphy on July 30, 2006 10:42 AM ET

[JURIST] Iran [JURIST news archive] will stop considering international incentives to end its uranium enrichment program if the UN Security Council [official website] passes a resolution sanctioning the country, Iranian Foreign Ministry [official website] spokesman Hamid Reza Asefi [Wikipedia profile] stated Sunday. France proposed the resolution Friday after negotiations among the permanent members of the Security Council demanding that Iran end nuclear activities by August 31 or face sanctions. Asefi stated such a resolution "would definitely not help solve regional issues and would create a deeper crisis in the region."

The United States, Britain, France, Germany, Russia, and China recently approved a package of commercial incentives aimed at persuading Iran to end enrichment. Iran has stated that it will answer the package by August 22, but that if the resolution is approved, "the package will no longer be on our agenda." Iranian officials have previously threatened to withdraw [JURIST report] from the Non-Proliferation Treaty (NPT) [PDF text] if they feel unfairly treated by the Security Council. The Council is expected to vote on the resolution this week. Reuters has more.






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Mexico electoral court hears arguments for presidential recount
Brett Murphy on July 30, 2006 10:07 AM ET

[JURIST] The seven judges of Mexico's Federal Electoral Tribunal [official website, in Spanish] Saturday heard arguments by lawyers for leftist presidential candidate Andres Manuel Lopez Obrador [campaign website, in Spanish] for a full recount of the July 2 presidential poll which Obrador lost by 0.6 percent [JURIST report] to conservative Felipe Calderon [campaign website, in Spanish]. Obrador's legal team is arguing that there were errors, falsifications and other problems at over half of Mexico's 130,000 polling places, and that a recount would clarify any dispute concerning the election. Calderon, however, maintains that "the election was clean, it was competitive, it was closely observed." The Electoral Tribunal must declare a winner or annul the election by September 6.

Last week Obrador filed a criminal complaint [JURIST report] against the Federal Electoral Institute [official website, in Spanish], the commission that oversaw the vote. Pending a resolution of the electoral crisis, Obrador is continuing to encourage "peaceful civil resistance" [JURIST report], and has organized supporters for another mass protest Sunday. AP has more.






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