[JURIST] Former Rwandan Minister of Youth and Sports Callixte Nzabonimana was arrested [ICTR press release] Monday in Tanzania on charges relating to Rwanda's 1994 genocide, the International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] said Tuesday. Nzabonimana faces charges [indictment, PDF] of conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitements to commit genocide, crime against humanity, and violations of Article 3 of the Geneva Convention. Reuters has more.

The ICTR was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict [HRW backgrounder] between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard consolidated oral arguments [transcript, PDF] Tuesday in Morgan Stanley Capital Group v. Public Utility Dist. 1 [LII case backgrounder; merit briefs], 06-1457 [docket; cert. petition, PDF], and American Elec. Power Service Corp. v. Public Utility Dist. 1, 06-1462 [docket; cert. petition, PDF]. Both cases involve long-term contracts made between energy suppliers and a local public utility during the Western energy crisis of 2000 and 2001 [FERC materials]. After prices normalized, the Public Utility sought to have the contracts voided by the Federal Energy Regulatory Commission (FERC) [official website], arguing that the contract rates were unfairly influenced by outside market manipulation during the crisis. The FERC refused nullify the contracts, but on appeal, the US Court of Appeals for the Ninth Circuit ruled in favor of Public Utility [opinion, PDF], and remanded the case to FERC. The Court will consider whether FERC has the authority to void otherwise valid energy contracts, and if so, whether or not the conditions present in this case warrant that action. Dow Jones has more.

The Court also heard arguments [transcript, PDF] Tuesday in Gomez-Perez v. Potter [LII case backgrounder; merit briefs], 06-1321, [docket; cert. petition, PDF], a case in which it will consider whether the Age Discrimination in Employment Act of 1967 (ADEA) [text] prohibits federal employers from retaliating against employees who allege age discrimination. The US Court of Appeals for the First Circuit ruled [opinion, PDF] that the ADEA did not create a cause of action for victims of retaliation. SCOTUSblog has more.

[JURIST] A federal judge Tuesday refused to block enforcement of an Arizona law that penalizes employers who hire illegal immigrants while opponents of the law appeal their case to the United States Court of Appeals for the Ninth Circuit [official website]. Civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund [advocacy websites], filed an application for a temporary restraining order [PDF text] against the Legal Arizona Workers Act [AZHB 2779 text, PDF; Arizona Republic backgrounder] in December 2007, alleging that the Act could either cause irreparable injury or undue hardship to state employers if allowed to operate during trial. US District Judge Neil V. Wake said that the costs to employers and the potential hardships they could face are minimal and that the rights of legal employees outweigh any benefits employers might gain by hiring illegal workers.

The Legal Arizona Workers Act, which went into effect on January 1, allows the Superior Courts of Arizona to suspend or revoke the business licenses of businesses that intentionally or knowingly employ illegal immigrants. Under the law, employers will be required to check the legal status of new hires using E-Verify [DHS backgrounder], a free online federal program that checks names and identification documents to determine employment eligibility. Wake upheld the law [JURIST report] earlier this month after having previously dismissed [PDF text; JURIST report] an earlier lawsuit [complaint, PDF] against the new law filed by the ACLU and other civil rights groups. When Arizona Gov. Janet Napolitano signed the legislation [JURIST report] in July, she called the law "the most aggressive action in the country against employers who knowingly or intentionally hire undocumented workers." Capitol Media Services has more.

[JURIST] US District Judge Larry Burns sentenced former US defense contractor Brent Wilkes [SourceWatch profile; JURIST news archive] to 12 years in federal prison Tuesday for bribing now-former congressman Randy "Duke" Cunningham [official profile] in exchange for almost $90 million in Pentagon work. Wilkes was convicted [JURIST report] in November 2007 of 13 felonies, including money laundering, fraud, and conspiracy. AP has more. The San Diego Union-Tribune has local coverage.

Wilkes pleaded not guilty to all charges, but was convicted of paying more than $600,000 in bribes, including vacations and prostitutes, to Cunningham in exchange for millions of dollars worth of US military contracts. Wilkes has been under investigation since Cunningham pleaded guilty in 2005 [JURIST report] to taking $2.4 million in bribes in return for federal contracts. Cunningham is currently serving eight years and four months in federal prison.

[JURIST] A New Jersey civil union law has not been able to effectively ensure that same-sex couples receive the same rights and privileges as heterosexual couples because of federal law, according to an official report [PDF text] issued Tuesday by the New Jersey Civil Union Review Commission (NJ-CURC) [official website]. The New Jersey Civil Union Act [text] requires that employers offer the same benefits to both heterosexual and homosexual couples, but under the Employee Retirement Income Security Act [text], self-insured companies do not have to offer benefits to same-sex partners. The report found that about half of New Jersey companies do not have to offer benefits to civil union partners because of federal law. The state legislature is expected to consider a bill legalizing gay marriage within the next two years.

New Jersey Governor Jon Corzine signed the state's civil union legislation [JURIST report] into law in December 2006. The civil unions bill was passed in compliance with an October 2006 New Jersey Supreme Court ruling [JURIST report] that same-sex couples in the state must be afforded the same rights as heterosexual couples. Currently, Massachusetts is the only state that has legalized same-sex marriages [JURIST report], but New Jersey, Connecticut, Vermont and New Hampshire permit civil unions [JURIST news archive]. In addition, California, Maine and Washington allow domestic partnerships. Reuters has more. The Newark Star-Ledger has local coverage.

[JURIST] Former Russian Atomic Minister Yevgeny Adamov [Kommersant profile; JURIST news archive] was found guilty in Moscow's Zamoskvoretsky District Court Tuesday of fraud and abuse of office for his involvement in a corruption scheme which misappropriated millions of dollars of US aid designated to upgrade unsafe Russian RBMK nuclear reactors [GlobalSecurity backgrounder]. Adamov and co-defendants Vyacheslav Pismenny and Revmir Frayshut had been charged with stealing shares in a uranium joint venture between the US and Russia, totaling $31 million. The entire verdict will be read Wednesday, with sentencing expected to follow. Adamov, who continues to assert his innocence, faces up to nine years in prison. His lawyer said he would appeal the decision.

Adamov was arrested [JURIST report] in Switzerland in 2005 on a US warrant on charges of fraud and money laundering; also implicated was Russian nuclear engineer Mark M. Kaushansky. Despite repeated US extradition requests, the Swiss Supreme Court ruled that Adamov should be tried in Russia [JURIST report] because he is a Russian citizen and his crimes were allegedly committed in Russia. In August 2006, Adamov's case was thrown out due to factual errors in court filings [JURIST report]; the latest proceedings began in April 2007. Kaushansky, who immigrated to the United States in 1979, was extradited to the US and was sentenced to 15 months in prison [JURIST report] last June. AP has more.

[JURIST] US District Judge Reggie B. Walton Tuesday threatened to hold a reporter in contempt of court if she continues to violate an August 2007 order to testify [memorandum opinion, PDF; JURIST report] about government sources who provided five reporters with information about former US Army germ-warfare researcher Dr. Steven J. Hatfill [Washington Post profile]. Former USA Today reporter Toni Locy [profile], who now holds the Shott Chair of Journalism at West Virginia University, has refused to cooperate in Hatfill's suit against the Department of Justice (DOJ) for its alleged violation of the US Privacy Act [text], arguing that the information Hatfill is seeking has not been demonstrated to be central to the lawsuit. Walton will decide in the next few weeks whether former CBS reporter James Stewart will also face contempt charges for refusing to divulge his sources.

Hatfill was identified as a "person of interest" in the investigations of the 2001 anthrax attacks [GWU backgrounder]. He contends that FBI and DOJ officials violated federal privacy laws [complaint, PDF; JURIST report] by providing personal information and information about the investigation to journalists. Locy and Stewart refused to comply with orders to reveal their sources, saying that Hatfill's own lawyer revealed his identity in connection with the investigation. AP has more.

2/20/08 - In a statement to JURIST, Locy said:

I am disappointed in the judge's decision to hold me in contempt. I am concerned about the chilling effect it could have on reporters across the nation who write about on-going law enforcement investigations. In this country, we don't wait until someone is charged, tried and convicted before we examine the quality of FBI investigations. We hold the FBI accountable now. It's one of the critical ways the press acts as a check against the abuse of power, particularly by police.

[JURIST] The government of Uganda has reached an agreement with the rebel Lord's Resistance Army (LRA) [MIPT backgrounder; JURIST news archive] to establish a war crimes court [JURIST report] to prosecute crimes against humanity committed during Uganda's civil war [BBC Q&A], the BBC reported Tuesday. A government spokesman said that a special unit will be established to investigate and prosecute crimes, and that a division of the Ugandan High Court [official website] will be dedicated to more serious crimes. Crimes against women and children will be high priorities, as will systematic patterns of crimes committed by the same individuals. The government has set a February 28 deadline for the LRA to end fighting, and representatives from both sides say a peace agreement may be signed soon.

The move is part of the government's larger effort to broker a peace deal with the LRA; until recently, the government has indicated it would not sign an agreement unless the International Criminal Court withdraws its indictments [ICC materials; JURIST report] of five LRA leaders. The five ICC-issued warrants were executed in 2005 and include LRA senior member Vincent Otti and LRA leader Joseph Kony [BBC profiles]. In 2007, Otti was executed by rebels [BBC report], though official confirmation of his death was delayed until last month amid fears that it would disrupt peace talks. Kony, who remains in hiding, is wanted for orchestrating the killing of thousands of civilians and the enslavement of thousands more children over two decades of conflict. The government has said that Kony is willing to face trial at home [JURIST report], but not at the ICC. BBC News has more.

[JURIST] A committee appointed by the military government of Myanmar [JURIST news archive] has completed work on a new draft constitution, state media reported Tuesday. The document was drafted by a 54-member constitution-drafting commission appointed by the junta, despite calls from the UN [JURIST reports] that the drafting process be open to outside groups. The draft is scheduled to go to a national referendum [JURIST report] in May, with multi-party general elections to be held in 2010. The military government has not published a draft of the proposed constitution.

ALSO ON JURIST  Comment: Referendum in Burma: why now?

The constitution-drafting process has come under fire [JURIST report] from critics urging citizens to reject the proposed referendum, calling the proposal a "sham" to legalize military rule. Myanmar has been governed without a constitution since the military regime took power in 1988 and talks on a new national charter [JURIST report] have been underway for 14 years. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday agreed to hear five cases [order list, PDF], including Herring v. United States (07-513) [docket; cert. petition, PDF], where the Court will decide whether evidence seized during a search incident to an arrest must be suppressed when the sole premise for the arrest was information later found to be negligently provided by another law enforcement agency. More specifically, the Court must decide whether using the evidence found incident to such an arrest would violate Fourth Amendment [text] protections against unreasonable search and seizure. The US Court of Appeals for the Eleventh Circuit ruled [opinion, PDF] last July that such suppression would not significantly deter the law enforcement agency providing the misinformation, because it would affect only the agency conducting the arrest. AP has more.

The Court granted a motion for leave to file a bill of complaint in Montana v. Wyoming (134, Orig.) [docket], where the court will exercise original jurisdiction over a lawsuit [JURIST report] brought by the state of Montana against Wyoming over Wyoming's use of water from the Tongue and Powder Rivers, which flow through both states. Montana alleges that pursuant to the 1950 Yellowstone River Compact [DOC text], which delegates water usage from the two rivers among Wyoming, Montana, and North Dakota, Wyoming should be required to limit its water usage. Montana is seeking a court ruling that Wyoming is using more than its share of the rivers' waters. Wyoming has asserted that it has acted pursuant to the Compact and that Montana has failed to show it has been harmed by Wyoming's use of the rivers. AP has more.

The Court also granted certiorari in three other cases, including disputes over when a labor union can charge non-members for union expenses, a divorcing spouse's ability to waive their right to their spouse's pension benefits under the Employee Retirement Income Security Act, and whether a union contract can waive union members' rights to sue over workplace discrimination. SCOTUSblog has more on all of Tuesday's cert. grants.

Among the cases denied certiorari by the Supreme Court Tuesday was ACLU v. NSA (07-468) [docket], in which the Court rejected without comment [ACLU press release] an ACLU challenge to the government's domestic surveillance program [JURIST news archive]. The lawsuit was brought by a group of lawyers, advocacy groups, scholars and journalists who said they could not effectively communicate with sources and clients out of fear that their conversations were being monitored by the National Security Agency [official website]. The US Court of Appeals for the Sixth Circuit rejected [PDF text; JURIST report] the lawsuit last July on the grounds that none of the plaintiffs could prove their conversations had been monitored. The ACLU appealed [JURIST report] to the Supreme Court in October, asking the Court to decide whether the plaintiffs had standing. AP has more.

[JURIST] The Federal Magistrate Court of Australia [official website] Tuesday relaxed certain control order [JURIST report] restrictions against former Guantanamo Bay detainee David Hicks [JURIST news archive], permitting him to reside anywhere in the country subject to approval from the Australian Federal Police (AFP) [official website]. Hicks will have to report twice a week to the AFP, and will still be barred from leaving Australia or possessing weapons. Hicks was previously required to reside within his home state of South Australia and was required to report three times a week to the AFP.

Hicks pleaded guilty to a charge of supporting terrorism [JURIST reports] before a US military commission last March after spending more than five years in US custody since his capture in Afghanistan. Hicks was transferred to Australia in May 2007 to serve the remainder of his nine-month prison sentence at a maximum security prison near his hometown of Adelaide, South Australia, and was released [JURIST reports] in December. AP has more.

[JURIST] UN Secretary-General Ban Ki-Moon [official website] Monday refused to comment on the legality of Kosovo's unilateral declaration of independence [text; JURIST report] from Serbia, instead calling on all parties to "exercise maximum restraint" [transcript] in response to the declaration. Ban also reiterated that "the recognition of states" is a decision for other states and not the UN Secretariat. He did not specifically address whether the UN will dissolve the Kosovo Parliament pursuant to a request from Serbia, which is seeking to annul Kosovo's action.

On Monday, the United States and several key European Union powers formally recognized Kosovo as a sovereign state [JURIST report]. The United Kingdom, France, and Germany have endorsed Kosovo's independence, while Spain, Slovakia, Greece, Cyprus, and Romania have refused to do so. The Serbian government, which immediately denounced the unilateral declaration as illegal [press release], said Monday it would never recognize Kosovo as an independent entity. The Serbian Interior Ministry has filed treason charges [JURIST report] against Kosovo's prime minister, president and speaker of parliament for their roles in organizing the declaration of independence. The Indian Express has more.

[JURIST] The six children of former Indonesian President Haji Mohammed Suharto [BBC profile; JURIST news archive] failed to appear in court Tuesday, ignoring a court summons [JURIST report] to defend Suharto's estate in a civil corruption case. Suharto's defense lawyer, who wanted to introduce legal expert testimony on behalf of the heirs, was unable to represent Suharto's children because he was unable to present evidence that the heirs had granted him the power of attorney. The court will issue a second series of summons to Suharto's six children, who will have to make an appearance or waive their rights to defend the estate. Prosecutors are seeking to recover $440 million in diverted state funds [JURIST report] and $1.1 billion in damages from Suharto's estate.

Suharto, who ruled Indonesia from 1967 to 1998, faced government charges that he embezzled $440 million from the Yayasan Supersemar [official website], a state-funded scholarship fund, between 1974 and 1998. He died [JURIST report] in late January. Earlier criminal corruption charges were dropped because Suharto was rendered unable to speak or write [JURIST reports] as a result of several strokes. AFP has more.

[JURIST] Pakistani President Pervez Musharraf's Pakistan Muslim League-Quaid (PML-Q) [party website] conceded defeat Tuesday in parliamentary elections as unofficial results tentatively gave the opposition parties of assassinated former Prime Minister Benazir Bhutto [BBC obituary; JURIST news archive] and former Prime Minister Nawaz Sharif [JURIST news archive] approximately 60 percent of 272 seats in the National Assembly of Pakistan [official website]. Musharraf's PML-Q retained approximately 12 percent of the seats. The new parliament, which could impeach Musharraf with a two-thirds majority, could also reinstate former Supreme Court justices who were were ousted on November 3 [JURIST report] after Musharraf declared emergency rule. The reinstated Supreme Court could then issue its anticipated ruling [JURIST report] on whether Musharraf had been eligible to run for re-election as Pakistan's president while still army chief.

The parliamentary elections were held Monday after a month-long postponement [JURIST report] following the assassination of Bhutto at a rally in Rawalpindi. Last Monday, the Pakistan Bar Council (PBC) [profession website] launched a new nationwide lawyers' boycott of the courts [JURIST report] to protest Musharraf's ouster of Pakistani Supreme Court Chief Justice Iftikhar Mohammad Chaudhry [JURIST news archive] and to demand his reinstatement and that of other ousted superior court judges. AP has more.

[JURIST] The Afghan journalism student who was sentenced to death [JURIST report] in January for distributing papers questioning gender roles under Islamic practice will be provided the right to appeal his death sentence in open court, an Afghanistan Supreme Court justice told London's Independent on Monday. Sayad Parwez Kambaksh was convicted of blasphemy for distributing papers questioning why Islam permits men to have up to four wives while women cannot have multiple husbands. The closed court invoked Article 130 of the Afghanistan Constitution [text] to sentence Kambaksh to death, a penalty for blasphemy consistent with Hanafi [GlobalSecurity backgrounder] law.

Supreme Court Justice Bahauddin Baha told the Independent on Monday that the court is closely monitoring Kambaksh's case, which has received international attention. It is unclear whether Kambaksh was represented by counsel at his January trial, and Baha said that he would be entitled to choose his own defense lawyer for the appeals hearing. Afghan President Hamid Karzai [official website; BBC profile] said earlier this month that he was concerned about the case, but that he would not intervene [JURIST report] while Kambaksh's appeal is pending. Under Article 64 of the Afghan Constitution, Karzai is authorized to pardon Kambaksh or reduce his sentence. The Independent has more.