[JURIST] US Senate Armed Services Committee [official website] Chairman John Warner (R-VA) [official website] expressed cautious optimism in a possible legislative compromise Tuesday after the White House sent to Capitol Hill new language for a military commissions [JURIST news archive] bill, commenting that he thought an accord would be reached soon. The White House version [PDF text, White House fact sheet] of the bill differs in key respects from a version [PDF text] proposed by Senators Warner, Lindsey Graham (R-SC) and John McCain (R-AZ) [official websites], which passed the Committee in a 15-9 vote [JURIST report] last week. It's understood that the new language relates to the definition of Geneva Convention prohibitions to be applied to US interrogators: the White House, stressing what it has called a need for "clarity", has backed narrower specific definitions, while the senators have supported broader language.

US Secretary of State Condoleezza Rice [official profile] also emphasized compromise in a Tuesday appearance [transcript], on NBC-TV's Today show, signaling a change in White House rhetoric after the House delayed plans for a floor vote on its version of the measure. On Monday, the Senate proposal appeared to have 52 votes of support behind it. AP has more.

[JURIST] A US District Court judge in Chicago has held that plaintiffs in a class action suit lack standing to challenge a new federal law requiring Medicaid recipients [legislation backgrounder] to present passports, birth certificates or other proof of citizenship at the risk of losing benefits. Plaintiffs have announced that they will appeal the preliminary ruling by Judge Ronald Guzman of the Northern District of Illinois [official website]. The law, which is part of the Deficit Reduction Act of 2005, would allegedly hurt nursing home residents, the disabled and victims of natural disasters. A July ruling [JURIST report] by the Centers for Medicare and Medicaid Services has nonetheless already exempted most previous applicants who are elderly or disabled from having to show proof of citizenship. Guzman indicated in his ruling earlier this week that the issue of whether adopted and foster children have standing to challenge the law will be resolved later.

Filed in June, the lawsuit [JURIST report] contends the the law violates plaintiffs' Fifth Amendment due process rights. It is sponsored by the Sargent Shriver National Center on Poverty Law [press release] and Families USA [advocacy website], who claim that millions of citizens could lose their Medicaid coverage under the measure. Reuters has more.

[JURIST] A Georgia judge held a new Georgia law requiring voters to show ID cards [GA Department of Driver Services information] unconstitutional in a ruling [PDF text] Tuesday. State Superior Court Judge T. Jackson Bedford Jr. held that the controversial voter ID law [JURIST news archive] is not required under the Georgia constitution [text] and would disenfranchise otherwise qualified voters. Bedford expressed concern with the burden placed on voters who would have to use photo ID to prove their identity: "Any attempt by the Legislature to require more than what is required by the express language of our Constitution cannot withstand judicial scrutiny."

Civil liberties groups have assailed the Georgia law [civilrights.org press release] signed by Governor Purdue [JURIST report] in April, claiming [JURIST report] that it unduly burdens some Georgian citizens without increasing protections against voter fraud. A US District Judge issued [JURIST report] a preliminary injunction in July, blocking enforcement of the voter ID law [SB 84 materials] until a full trial can be held in a challenge brought by civil rights groups [JURIST report]. The state case is expected to go before the Georgia Supreme Court before the November 7 general elections. AP has more.

[JURIST] UN Secretary-General Kofi Annan [official website] Tuesday urged global action to combat three challenges facing humanity - human rights and the rule of law, security, and development - as the UN General Assembly [official website] opened its 61st session [UN materials]. In his speech [PDF text; recorded video], Annan reflected on his 10-year tenure as secretary-general due to end this year, noting that "the events of the last ten years have not resolved, but sharpened, the three great challenges I spoke of - an unjust world economy, world disorder, and widespread contempt for human rights and the rule of law." Annan noted that progress has been made in advancing human rights, but expressed concern that the war on terror has dealt a blow to rights and lamented the situation in Darfur [JURIST news archive]:

But what about the third great challenge facing humanity - the challenge of the rule of law, and our rights and dignity as human beings? Here, too, there has been significant progress.

More rights have been enshrined in international treaties - and this Assembly is now about to codify the rights of a group who particularly need it: people who suffer from handicaps and disabilities.

More governments today are elected by, and accountable to, those whom they govern.

Humanity has actually brought to justice some of those who committed the most heinous crimes against it.

And this Assembly, meeting a year ago at the highest level, has solemnly proclaimed the responsibility - of each individual State in the first instance, but ultimately of the whole international community, acting through the United Nations - to "protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".

And yet. And yet.

Every day, reports reach us of new laws broken; of new bestial crimes to which individuals and minority groups are subjected.

Even the necessary and legitimate struggle around the world against terrorism is used as a pretext to abridge or abrogate fundamental human rights, thereby ceding moral ground to the terrorists and helping them find new recruits.

Sadly, once again the biggest challenge comes from Africa - from Darfur, where the continued spectacle of men, women and children driven from their homes by murder, rape and the burning of their villages makes a mockery of our claim, as an international community, to shield people from the worst abuses.

The greatest obstacle to this future is that your rulers have chosen to deny you liberty and to use your nation's resources to fund terrorism, and fuel extremism, and pursue nuclear weapons. The United Nations has passed a clear resolution requiring that the regime in Tehran meet its international obligations. Iran must abandon its nuclear weapons ambitions.

You have suffered unspeakable violence, and my nation has called these atrocities what they are -- genocide. For the last two years, America joined with the international community to provide emergency food aid and support for an African Union peacekeeping force. Yet your suffering continues. The world must step forward to provide additional humanitarian aid -- and we must strengthen the African Union force that has done good work, but is not strong enough to protect you. The Security Council has approved a resolution that would transform the African Union force into a blue-helmeted force that is larger and more robust. To increase its strength and effectiveness, NATO nations should provide logistics and other support. The regime in Khartoum is stopping the deployment of this force. If the Sudanese government does not approve this peacekeeping force quickly, the United Nations must act. Your lives and the credibility of the United Nations is at stake. So today I'm announcing that I'm naming a Presidential Special Envoy -- former USAID Administrator Andrew Natsios -- to lead America's efforts to resolve the outstanding disputes and help bring peace to your land.

[JURIST] The Secure Fence Act of 2006 [HR 6061 summary] providing for the construction of a 700-mile fence along the US-Mexico border is going up for a Senate floor vote as early as Wednesday after Senate Majority Leader Bill Frist (R-TN) [official website] filed a cloture motion [Senate backgrounder] earlier this week to break a potential filibuster [Senate backgrounder]. The bill designed to curb illegal immigration was approved [JURIST report] by the House of Representatives in September by a vote of 283-138 [roll call]. Sen. Frist said in a statement [press release] that "border security is the essential first step of any effort to enact immigration reform. Only when we have convinced the American people of our commitment to securing our borders will we be able reach a consensus on comprehensive immigration reform."

In December 2005, the House passed a broader immigration bill [JURIST report] which provided for a border fence as well as making illegal immigration a felony. The Senate passed a separate immigration reform bill [JURIST report] in May and approved $1.8 billion in defense spending for the construction of a fence. The bills appear stymied in conference and Congressional leaders have abandoned hope of getting anything but the most basic measures through before the November elections. AP has more.

[JURIST] Jordan's General Intelligence Department (GID) [official website] frequently makes arbitrary arrests, detains suspects without charges and abuses political dissidents, Human Rights Watch (HRW) [advocacy website] said in a new report [text; press release] released Tuesday. The monitoring group found that detainees are arbitrarily arrested and held in GID's detention facility in Amman without access to their family or a lawyer. The report investigated the arrest of 16 people by the GID who provided testimony about torture and abuse they suffered while in detention. To date, 13 of these detainees have been released without trial. HRW urged Jordan [JURIST news archive] to ensure that the GID provides all detainees with independent judicial review of the charges filed against them and gives them access to legal counsel, "Especially when governments rely heavily on security services, it is important to ensure that they operate within the framework of basic international human rights standards."

The Jordanian government has denied the allegations of abuse. HRW called on President Bush and members of Congress to address these concerns with King Abdullah II [official website] during his current visit to the US and with the director-general of the GID, Maj. Gen. Muhammad al-Dhahabi, who is accompanying the king. AP has more. BBC News has additional coverage.

In June, UN Special Rapporteur on Torture Manfred Nowak told a press conference [JURIST report] following the conclusion of a two-day visit to Jordan that the country should criminalize torture and end the use of special courts that protect accused police and intelligence officials. Nowak said he had evidence that torture is systematically practiced at two detention centers in Amman run by the GID and the Central Investigation Department (CID) of the Public Security Forces, as well at as the much-maligned Jaefer prison, but that officials at both centers obstructed his investigation through denying access to areas of the prison and hiding evidence. Animated by similar concerns about detainee treatment, the British government concluded a special memorandum of understanding [PDF] with Jordan in August 2005 under which Jordan promised that any persons deported by the UK to Jordan would be treated "in a humane and proper manner, in accordance with internationally accepted standards." The agreement has nonetheless been criticized by rights groups [HRW press release] as inadequate.

[JURIST] US Attorney General Alberto Gonzales [official profile] told members of the US Senate Committee on Banking, Housing, and Urban Affairs Tuesday that Congress should mandate the preservation of customer records by Internet service providers in order to aid the prosecution of child pornography offenders. Testifying at a hearing [committee materials; recorded video], Gonzales maintained that lack of access to this data is the largest impediment in the prosecution of such offenders and said that "this is a problem that requires federal legislation." In a prepared statement [PDF text], Gonzales outlined several other DOJ proposals in this area:

The first would strengthen 42 U.S.C. § 13032, which requires Internet Service Providers to report violations of child pornography laws, by increasing the criminal penalties for knowing and willful failure to do so, and also establishing a new civil penalty for negligently failing to do so. The second would require warning labels to be placed on commercial websites containing sexually explicit material. The third would extend administrative subpoena power currently available under 18 U.S.C. § 3486 to obscenity investigations. And the fourth would add violations of 18 U.S.C. §§ 2252A and B as predicates for RICO and money laundering charges. I invite you to consider these proposals, which in our opinion will bolster our efforts in this area.

[JURIST] AP is reporting that the Royal Thai Army [official website] has revoked the 1991 Thai constitution [PDF text; EN backgrounder] and declared martial law in a coup ousting Thai Prime Minister Thaksin Shinawatra [official website; BBC profile], who is in New York for the opening of the 61st session of the UN General Assembly. Earlier Tuesday, amid rumors of a coup and reports of army tanks surrounding government buildings, Thaksin sacked Army Commander-in-Chief Gen. Sonthi Boonyaratkalin [Sobaka profile] and declared a state of emergency [JURIST report] in Bangkok.

Sonthi, who became the first Muslim to serve as Army chief when he was named to the post in 2005, ordered all troops to report to report to their stations and a senior military officer has said that Thai military chiefs are working with King Bhumibol Adulyadej [official profile] to form an interim government. The military's initial announcement of the coup declared that a "Council of Administrative Reform" has taken power in Bangkok and surrounding provinces and named Bhumibol as head of state.

Tuesday's coup is the first in the country in 15 years, though there have been 17 coups in Thailand [JURIST news archive] since an absolute monarchy was abolished in 1932. New regimes have frequently drafted a new constitution after taking power.

Thaksin has been under intense pressure to resign for several months and last week said that he "may take a break" from politics [Xinhua report; JURIST report]. His Thai Rak Thai party [party website] called parliamentary elections in April, but the results were later annulled [JURIST report] by the nation's highest courts. Several members of the Election Commission of Thailand [official website, in Thai] have been convicted [JURIST report] for violating election laws in connection with arrangements for the April elections and the Thai Rak Thai party has been accused of election fraud [JURIST report], though Thaksin has denied those allegations [JURIST report]. New elections had been scheduled for November. AP has more. The Guardian has additional coverage.

3:08 PM ET - AP is reporting that a military spokesman has said that Sonthi will become acting prime minister.

[JURIST] The chairman of the Federal Communications Commission (FCC) [official website; JURIST news archive] has directed the FCC's inspector general [official website] to investigate the alleged concealment of a 2004 draft working paper [PDF text] on television ownership and a 2003 draft report on radio ownership. [PDF text]. FCC Chairman Kevin J. Martin [official profile] said in a Monday letter [PDF] to Senator Barbara Boxer, who obtained copies of the documents, that he had never seen the reports and launched the inspection to reveal what happened to them.

The inspection comes as a reaction to a claim by a former FCC lawyer that the agency had ordered the destruction [JURIST report] of the draft working papers. The 2004 working paper, based on analysis of 4,000 news stories, concluded that locally owned television stations carried five more minutes of news per broadcast than group-owned stations, and three more minutes of so-called "on location" news. In 2003, the year before the study, the FCC voted to allow companies to own multiple television stations in some markets as part of an effort to relax ownership rules, insisting that group stations were more likely to carry local news stories. The US Court of Appeals for the Third Circuit, however, thwarted the rule changes [court materials] in 2004. The FCC decided not to appeal and this June approved a review of the ownership rules [JURIST reports]. Reuters has more.

[JURIST] The London Metropolitan Police [official website] pleaded not guilty on Tuesday to criminal charges under the 1974 Health and Safety at Work Act [text; backgrounder] for "failing to provide for the health, safety and welfare" of the public in causing the death of Brazilian Jean Charles de Menezes, shot and killed by London police officers [JURIST report] last year after the July London bombings [JURIST news archive].

The Crown Prosecution Service (CPS) [official website] originally hoped to charge individual police officers [JURIST report] who oversaw the operation, but announced in July that they would not prosecute any individuals [JURIST report] because there was insufficient evidence to convict them. AP has more.

[JURIST] Chief Judge Abdullah al-Amiri was removed from presiding over the second Saddam Hussein trial [JURIST news archive] on Tuesday, Al-Iraqiya state television reported. A replacement judge, who has not yet been named, has been requested by the Iraqi prime minister. A government spokesman told Reuters: "We have asked the court to replace the judge because he has lost his neutrality after he made comments saying Saddam is not a dictator...The court told us he has already been replaced. This was a decision by the cabinet of the prime minister." Last week, Al-Amiri said in court that he did not believe Hussein was a dictator [JURIST report] the day after the prosecution requested that al-Amiri remove himself [JURIST report] from the case for reasons of bias. Al-Amiri was named trial judge [JURIST report] in August of the second Hussein trial [BBC timeline], this one involving the so-called "Anfal" campaign [HRW backgrounder] that killed 180,000 Kurds in northern Iraq in the 1980s. AP has more. Reuters has additional coverage.

Earlier on Tuesday, three Kurd witnesses testified in court concerning chemical attacks that took place during the "Anfal" operation, with al-Amiri at one point banging his gavel to wake up a defense lawyer [Reuters] he accused of dozing off during the proceeding. Hussein and his co-defendants are all charged with crimes against humanity [JURIST report] and Hussein and his cousin Ali Hassan al-Majid [BBC profile], known as "Chemical Ali," also face charges of genocide. Hussein also is currently awaiting a verdict in the Dujail crimes against humanity case [JURIST report] for which he is eligible for the death penalty [JURIST report]. AFP has additional coverage.

[JURIST] Corporal David Payne, one of seven British soldiers facing court-martial [Reuters report; MOD press release] for charges relating to the abuse of Iraqi detainees, pleaded guilty Tuesday to a charge of inhumane treatment, becoming the first British soldier to admit commission of a war crime in Iraq. Payne pleaded not guilty to manslaughter and perverting the course of justice. The charges stem from a 2003 raid on a hotel in Basra in which British military confiscated weapons and explosives contraband, and detained several Iraqi civilians, including hotel receptionist Baha Musa [Herald report], who died while in custody. The soldiers allegedly took the Iraqis to a detention facility where they were held for 36 hours and subjected to physical abuse, causing Musa's death, according to prosecutors. Two other soldiers are charged also charged with inhumane treatment, to which they have pleaded not guilty under the International Criminal Court Act 2001 (ICCA) [text], while the other soldiers face prosecution for duty contrary to the British Army Act 1955, including negligent performance of duty and assault. This court martial is the first prosecution of British military under the ICCA.

In June, three British soldiers were found not guilty [JURIST report] the drowning death of an Iraqi teen following the acquittal of another soldier [JURIST report] in May. The acquittals prompted UK Attorney General Lord Peter Goldsmith [official profile] to publicly defend their prosecution [JURIST report]; however, he also called for an investigation [JURIST report] into the adequacy of British courts-martial proceedings. BBC News has more.

[JURIST] Thai Prime Minister Thaksin Shinawatra [official website; BBC profile] declared a state of emergency in Bangkok Tuesday after army tanks assembled around government buildings in the city, blocking traffic. In the face of a rumored coup in Thailand [JURIST news archive], Thaksin, who is in New York for the opening of the 61st session of the UN General Assembly, ordered the military not to "move illegally."

A television station [TV5 website] owned by the Royal Thai Army [official website] halted regular programming, instead airing patriotic images and music, an action associated with past coup attempts. Thaksin's message was broadcast over a separate government-owned television station. Thaksin said that the state of emergency was implemented with the approval of the Cabinet and that he had suspended the Thai army chief from military duties. BBC News has more. AP has additional coverage.

Thaksin has been under intense pressure to resign for several months and last week said that he "may take a break" from politics [Xinhua report; JURIST report]. Thaksin's Thai Rak Thai party [party website] called parliamentary elections in April, but the results were later annulled [JURIST report] by the nation's highest courts. Several members of the Election Commission of Thailand [official website, in Thai] have been convicted [JURIST report] for violating election laws in connection with arrangements for the April elections and the Thai Rak Thai party has been accused of election fraud [JURIST report], though Thaksin has denied those allegations [JURIST report]. New elections are scheduled for November.

12:28 PM ET - AP is now reporting that the military has launched a coup attempt, declaring a provisional authority. According to an announcement on Thai television, a "Council of Administrative Reform" has taken power in Bangkok and surrounding provinces. The announcement named King Bhumibol Adulyadej [official profile] as head of state. AP has more. The Thai government website is currently carrying a picture of Defense Minister General Thammarak Isarangura [official profile] and a brief message apparently denying the coup rumors.

1:45 PM ET - AP is now reporting that the commander of the Thai army has taken over control of the government and declared martial law.

[JURIST] The number of violent crimes increased in 2005 for the first time since 2001, according to the 2005 annual report on violent crime [text; press release] published by the Federal Bureau of Investigation (FBI) [official website] Monday. The report details a 2.3 percent rise to 1.39 million cases of murder, rape, robbery, aggravated assault and other violent crimes. The increase is the largest jump since 1991, but overall numbers still come in at 3.4 percent less than 2001 numbers, with rape cases actually dropping 1.2 percent. Deputy Attorney General Paul McNulty [official profile] on Monday dismissed [transcript] the concerns of local officials and law enforcement across the nation that the federal government is focusing on the war on terror at the expense of violent crime prevention, saying that "the terrorism mission has not cost us anything when it comes to our relationships but has given us an opportunity to be more closely connected." He also confirmed that increased federal spending for local law enforcement was not forthcoming and the federal government's top priority is the war on terror. McNulty did not speculate whether the increase is attributable to ordinary annual fluctuations in the crime rate or to a measurable growth in criminal activity.

The report confirms the findings of the FBI's earlier preliminary report [text] released in June [JURIST report]. Last week, however, the US Department of Justice said that the overall violent crime rate in 2005 remained the same as 2004 [JURIST report], according to the Criminal Victimization, 2005 report [text] conducted by the Bureau of Justice Statistics [official website]. The FBI report compiles statistics on all reported crimes while the DOJ numbers measure a sample of crimes, some of which are never reported to law enforcement. The two reports also include different crimes and definitions of crimes in their reports. AP has more.

[JURIST] Reported incidents of anti-Muslim bias, harassment, discrimination and violence in the US increased by 29.6 percent in 2005, the Council on American-Islamic Relations (CAIR) [advocacy website], the largest US Muslim civil liberties group, announced Monday. A new CAIR report [text, PDF; executive summary] entitled "The Struggle for Equality," indicates a jump [press release] from 1,522 cases of anti-Muslim bias in 2004 to 1,972 cases in 2005. CAIR attributes [Washington Post report] the jump to "a rise in anti-Muslim rhetoric fed by the Internet and also on talk radio" that has led to the dissemination of "negative, bigoted comments about Islam," according to CAIR spokesperson Ibrahim Hooper. The report also shows an increase in hate crimes complaints by Muslims from 93 in 2003 to 141 in 2004 and 153 in 2005.

The report calls for increased awareness of anti-Muslim sentiment by law enforcement and Americans in general:

[I]t is apparent that post-9/11 backlash against Muslims, Arabs and South Asians continues to be a societal problem which needs to be redressed accordingly. In addition, with the recent renewal of most of the controversial provisions of the infamous USA PATRIOT Act, it is imperative for our society to ensure that all Americans are treated equally under the law. It is also essential for federal law enforcement agencies to continue to vigorously investigate and prosecute anti-Muslim hate crimes. Just as anti-Semitic and anti-African American hate crimes are rightfully prosecuted to fruition, it is equally imperative that hate crimes based on racist motivations against American Muslims, Arab Americans and South Asians be as forcefully prosecuted.

[JURIST] Lawyers for Guantanamo Bay [JURIST news archive] detainee Shaker Aamer [Reprieve profile; BBC report], a UK resident held by the US since 2002, filed a motion [PDF text] in federal district court Monday seeking Aamer's release from solitary confinement, arguing that Aamer's almost year-long isolation violates the Geneva Conventions [ICRC materials], which require that prisoners be treated humanely. According to the court filing, Aamer has been held in solitary confinement in a 6-by-8 foot cell for 360 days, has been beaten by military guards, has been exposed to extreme hot and cold temperatures, and has become mentally unbalanced.

Aamer's lawyers said that, apart from infrequent meetings with his legal team, the detainee's only contact was with the US guards running Guantanamo. A spokesman for Guantanamo insisted Monday that detainee treatment meets Geneva Convention requirements and said that detainees are not put in situations "where they do not have available human contact 24 hours a day." Also filed with the motion were declarations from his lawyers, Clive Smith [PDF text] and Zachary Katznelson [PDF text]. Families of other long-time UK residents held at Guantanamo Bay are seeking an order [JURIST report] requiring the British government to lobby the US for the release of their relatives. AP has more.

[JURIST] Iraq's National Assembly [official website] on Tuesday again postponed debate on a draft federalism bill [JURIST report] that would allow Iraq's 18 provinces to form strong governments with their own security forces. Parliament Speaker Mahmoud al-Mashhadani said Tuesday that the bill, supported by Kurdish and Shiite politicians and opposed by most Sunnis, would be debated at a later date. Tuesday's parliamentary session was delayed for two hours due to a lack of quorum, and legislative sources told the Iraqi VOI news agency that the decision not to proceed with debate on the federalism bill was the result of a joint decision by the main political parties [VOI report]. Debate on the measure has already been delayed twice [JURIST report], the first time due to Sunni opposition [JURIST report] to the proposal. Sunnis oppose the plan because it would leave them without access to Iraq's oil as most Sunnis live in the central and western provinces of the country where oil resources are limited. Earlier this month, lawmakers agreed upon an October 22 deadline for the Iraq parliament to define the rights and responsibilities of the provinces vis-a-vis the federal government. Some lawmakers are of the opinion that the constitution [JURIST news archive] should be amended before parliament discusses the possibility of relatively autonomous Iraqi provinces. The national charter approved last year generally enshrines the principle of federalism but intentionally left the details open to later legislative negotiation.

The decision to delay debate on the federalism bill comes one day after UN Secretary-General Kofi Annan warned [remarks; BBC report] of a "grave danger" that the country will succumb to a "full-scale civil war." Also Monday, Turkish Foreign Minister Abdullah Gul expressed concern [AP report] that if Iraq adopted a federal system, the creation of autonomous Shiite, Sunni and Kurdish regions would lead to a break-up of Iraq and further instability in the Middle East. Reuters has more.

[JURIST] The trial of Simon Bikindi [ICTR case materials] began Monday at the International Criminal Tribunal for Rwanda [official website; JURIST news archive] with prosecutors accusing the popular singer of "us[ing] his fame to incite hatred" during the 1994 Rwandan genocide [HRW backgrounder]. According to an ICTR press release [text]:

In his opening statement the Prosecutor, Hassan Bubacar Jallow stated that Bikindi through the lyrical content of his music, consciously and deliberately assisted in executing the plan to exterminate Tutsis. The vehicle was his music whereby the youth including members of his ballet, were mobilised to commit atrocities and join the Interahamwe. In addition it was alleged that Bikindi was aware of the powerful messages of hate in his music and used his fame to promote hatred and death. Justice Jallow stated that Bikindi not only contributed to the atrocities through his music but partook in the extermination plan himself. ...

The accused, who was also the director of the performance group 'Irindiro Ballet' allegedly, conspired with the political leadership of MRND to eliminate the Tutsi population. Prior to the events of April 1994, Bikindi reportedly participated in the recruitment and training of the Interahamwe militias knowing these activities were aimed at the eradication of Tutsi's [sic].