[JURIST] Pope Benedict XVI [official profile] stressed the importance of respecting human rights as the foundation for peace in a New Year's homily at St. Peter's Basilica in Rome Monday. In his message [text] for World Peace Day, marked by the Catholic Church on January 1 since 1968, the Pope pointed specifically to conflicts in the Middle East and the fight against terrorism as evidence of the failure of countries to respect human rights by honoring and extending the scope of international humanitarian law:

The recognition that there exist inalienable human rights connected to our common human nature has led to the establishment of a body of international humanitarian law which States are committed to respect, even in the case of war. Unfortunately, to say nothing of past cases, this has not been consistently implemented in certain recent situations of war. Such, for example, was the case in the conflict that occurred a few months ago in southern Lebanon, where the duty “to protect and help innocent victims” and to avoid involving the civilian population was largely ignored. The heart-rending situation in Lebanon and the new shape of conflicts, especially since the terrorist threat unleashed completely new forms of violence, demand that the international community reaffirm international humanitarian law, and apply it to all present-day situations of armed conflict, including those not currently provided for by international law.

Moreover, the scourge of terrorism demands a profound reflection on the ethical limits restricting the use of modern methods of guaranteeing internal security. Increasingly, wars are not declared, especially when they are initiated by terrorist groups determined to attain their ends by any means available. In the face of the disturbing events of recent years, States cannot fail to recognize the need to establish clearer rules to counter effectively the dramatic decline that we are witnessing. War always represents a failure for the international community and a grave loss for humanity. When, despite every effort, war does break out, at least the essential principles of humanity and the basic values of all civil coexistence must be safeguarded; norms of conduct must be established that limit the damage as far as possible and help to alleviate the suffering of civilians and of all the victims of conflicts.

Peace is based on respect for the rights of all. Conscious of this, the Church champions the fundamental rights of each person. In particular she promotes and defends respect for the life and the religious freedom of everyone. Respect for the right to life at every stage firmly establishes a principle of decisive importance: life is a gift which is not completely at the disposal of the subject.

[JURIST] US Chief Justice John Roberts [official profile, PDF] called failure to raise the pay of federal judges a "constitutional crisis" in his 2006 year-end report on the federal judiciary [PDF; report archive, 2000- ], released Monday. Making that the sole focus of his second such report since taking office, Roberts decried the growing disparity between private sector salaries and federal judiciary compensation, warning that if judicial appointment "becomes a stepping stone to a lucrative position in private practice, the Framers' goal of a truly independent judiciary will be placed in serious jeopardy." Salaries for federal judges, though adjusted for cost of living, have not been increased for 16 years and are now about half that paid to top law school professors and deans; 38 judges have left the federal bench since 2000. Roberts voiced concern that in this context the federal bench no longer represents the best lawyers in the practicing bar:

Our judiciary will not properly serve its constitutional role if it is restricted to (1) persons so wealthy that they can afford to be indifferent to the level of judicial compensation, or (2) people for whom the judicial salary represents a pay increase.

[JURIST] Germany took over the six-month rotating European Union [official website] presidency with the New Year on Monday, promising to put the stymied European constitution [official website; JURIST news archive] back on the regional bloc's agenda. In a statement posted on the new German EU presidency website, German Chancellor Angela Merkel said "If Europe is to remain able to act, it needs a constitutional treaty. Here we are keen to make a contribution and will be consulting closely with our European partners in this connection. By the end of our Presidency we hope to have a road map showing how a constitutional treaty can become reality across Europe." Although in anticipation of the German presidency Merkel announced her intent to set a timetable for constitutional ratification in October, responses have been lukewarm [JURIST reports] in some quarters, especially from aspirants in the upcoming French presidential elections. Consideration of the charter has been on hold since it was rejected by voters in France and the Netherlands [JURIST reports] last year.

Also Monday, Bulgaria and Romania [EC materials] officially became the EU's newest members after six years of accession negotiations. The January 1, 2007, entrance date had been set for the former Eastern bloc nations since 2005 [JURIST report], but the EU had issued warnings [JURIST report] that accession could be delayed if corruption and human rights violations were not addressed. After efforts to comply to EU standards [JURIST report], the EU approved the 2007 entry [EC press release] of the countries in September of 2006. The European Commission has emphasized that both nations will be expected to show additional progress in the areas of "judicial reform, [the] fight against corruption and organised crime," to be demonstrated through biannual progress reports. Failure to comply could result in EU intervention and potential loss of economic aid under Articles 36 to 38 of the Act of Accession [text], which lay out safeguard mechanisms [EC materials] in the event of problems posing a threat to the functioning of the Union. AP has more.

Monday's accession brings 30 million new members to the EU and raises the total number of Union nations to 27. The current Nice Treaty [EC materials] requires that institutional changes be implemented once the bloc reaches 27 members, and European Commission President Jose Manuel Barroso suggested in September that the EU temporarily halt membership enlargement [JURIST report] after Bulgaria and Romania join while the EU works to resolve institutional and constitutional problems.

[JURIST] The unruly nature of the weekend hanging of Saddam Hussein [JURIST report] as especially revealed by a grainy but graphic camera phone video [JURIST report] taken at the scene prompted protest and disavowal Monday as Sunnis condemned the treatment of the ousted Iraqi president and angry American officials in Iraq sought to distance themselves from events as they actually unfolded. In Amman, Jordan, hundreds of demonstrators gathered at a memorial rally addressed by Raghad Hussein, Saddam's eldest daughter who had orchestrated her father's legal defense and who called him a "martyr" as Saddam loyalists decried the execution as "government by revenge." In Damascus, Syrian Information Minister Mosen Bilal, whose government is dominated by another branch of the Baath Party that ruled Iraq under Saddam, said "[t]he terrifying images of the execution of Saddam Hussein are a violation of the most basic principles and international agreements" and expressed dismay that the execution was carried out on the first day of the Muslim Eid holiday. The Sydney Morning Herald has more.

Meanwhile the New York Times cited anonymous American officials as being "privately incensed" at how Saddam's hanging had been rushed forward in the dead of night early Saturday local time at the insistence of Iraqi Prime Minister Nouri al-Maliki and other top officials. The US officials indicated that they had been concerned with the legal process leading up to the execution, in particular the status of the constitutional requirement [JURIST report] that a death warrant be approved by Iraq's president and vice-president, which created a problem as President Jalal Talabani, an opponent of the death penalty, refused to sign any warrant himself [JURIST report]. A panel of Iraqi judges ultimately ruled that the constitutional provision was void in the context of the law governing the sentence handed down by the Iraqi High Tribunal, but the process was rushed. American officials also told the Times they had been concerned about the timing of the execution at the beginning of the Eid holiday. The Times said that although the Americans had acknowledged that the execution of Saddam was an Iraqi matter, their reticence about the whole process was only heightened by the eventual video revelations of the confused and undignified manner in which it was finally conducted. The New York Times has more.

[JURIST] Australia's new independent military prosecutor has called the treatment of Australian Guantanamo detainee David Hicks [JURIST news archive] "abominable" in an interview with the Sydney Morning Herald. Brigadier Lyn McDade [press release] told the Herald, "Quite frankly, I think it's wrong. I don't care what he's done or alleged to have done. I think he's entitled to a trial and a fair one and he is entitled to be charged and dealt with as quickly as is possible. As is anybody." Hicks, who has been held by the US since 2001 when he was captured in Afghanistan, is yet to face charges under the new US military commissions system [JURIST news archive] set up by legislation passed late last year. President Bush has promised that a trial will be held [JURIST report], but has offered no timetable.

The Australian government has been under increasing pressure [JURIST report] to call for Hicks' release, a step which Prime Minister John Howard, a staunch US ally, has been extremely reluctant to take. Over the weekend, however, Howard seemed to signal a shift on Hicks with a comment [Melbourne Age report] that "the acceptability of him being kept in custody diminishes by the day." In an interview [Melbourne Age report] Monday, former Australian prime minister Malcolm Fraser said that the current Australian government had "totally deserted" Hicks and that his treatment showed how western democracies, including Australia, had "depart(ed) from the rule of law and due process and justice to all citizens as we have" since he was in office in the 1970s. The Sydney Morning Herald has more.