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Legal news from Monday, February 2, 2009




US Senate confirms Holder as attorney general
Jaclyn Belczyk on February 2, 2009 6:45 PM ET

[JURIST] The US Senate [official website] on Monday voted 75-21 to confirm Eric Holder [professional profile] to serve as Attorney General. Last week, the Senate Judiciary Committee [official website] voted 17-2 to approve [JURIST report] Holder's nomination. Monday's debate over Holder's confirmation was partisan at times with committee chairman Senator Patrick Leahy (D-VT) [official website] denouncing Republican senators such as John Cornyn (R-TX) [official website] who have asked Holder to pledge not to prosecute intelligence officials who participated in controversial interrogation techniques during the Bush administration. Holder did win the support of several Republican seantors, including ranking Republican judiciary committee member Senator Arlen Specter (R-PA) [official website]. Holder will be the first African-American to lead the Justice Department.

Last month, Holder told the committee [JURIST report] in confirmation hearings [materials; transcript] that he believes waterboarding [JURIST news archive] constitutes torture. Then-President-elect Barack Obama officially announced his nomination of Holder [JURIST report] in December. Holder served as Deputy US Attorney General [archive materials] during the Clinton administration. Republicans have criticized [JURIST report] Holder for his role in the 2001 pardon of fugitive financier Marc Rich [Time backgrounder].






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State Department issues sanctions against foreign companies for arms violations
Devin Montgomery on February 2, 2009 5:36 PM ET

[JURIST] The US State Department [official website] announced [Federal Register materials] Monday that it has instituted sanctions against Chinese, Iranian, and North Korean arms companies for violating US rules against the spread of weapons and missile technology. Under the sanctions, the companies are banned from trading with the US or US companies. The sanctions were imposed under the Arms Export Control Act [text], as well as executive orders issued in 1994 [Executive Order 12938 text, PDF] and 2001 [Executive Order 13222 text, PDF]. The sanctions are not expected to have much direct impact on the companies, but are seen as symbolic [AP report] of the weapons proliferation stance of US President Barack Obama [official website] and Secretary of State Hillary Clinton [official profile].

Aside from criticizing the practices of individual companies, the US and other countries have expressed concern over the weapons programs of both the Iranian and North Korean governments. In October 2008, International Atomic Energy Agency (IAEA) [official website] head Mohamed ElBaradei [BBC profile] said he wants North Korea to return [JURIST report] to the Nuclear Non-Proliferation Treaty [text, PDF; IAEA backgrounder] after a five-year absence. In May, Britain, China, France, Russia, and the US issued a joint statement [text, PDF] calling Iran's uranium enrichment program a major threat [JURIST report] to the treaty.






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ICC prosecutor reviewing options for Gaza case against Israelis: report
Tarah Park on February 2, 2009 12:25 PM ET

[JURIST] International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] has said that his office is considering arguments that the court may have jurisdiction over war crimes Israeli troops have allegedly committed in the Gaza Strip, according to a Monday report in the Times of London. Moreno-Ocampo had earlier said that ICC did not have jurisdiction [JURIST report] over the alleged crimes because Israel had not signed on to the treaty establishing the court, but said his office is now considering whether the Palestinian Authority [IMEU backgrounder] may originate the claims. Under the ICC's Rome Statute [text], the court may obtain jurisdiction over a non-signatory if alleged crimes are committed within its territory, but legal questions remain over whether the Palestinian Authority may transfer such jurisdiction given many countries' refusal to recognize its legitimacy as a state. In addition to the charges already filed by Palestinian groups, a Syrian-based Hamas group announced [RIA Novosti report] Monday that it plans to file charges of war crimes against Israeli leaders in international court.

Amnesty International (AI) [advocacy website] has accused [JURIST report] Israel of war crimes for allegedly using white phosphorus in the midst of a dense civilian population. The UN [UN statement; JURIST report] and international protesters [Times report] have claimed that Israel has used disproportionate force to retaliate against Gaza combatants. Israeli Prime Minister Ehud Olmert [official website] has said that his government will defend military officers [JURIST report] against war crimes allegations. 

2/3/09 - The prosecutor's office told AFP Monday that it was making a "preliminary analysis" [AFP report] of possible war crimes committed by Israel in Gaza.






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China trial of rights activist critical of earthquake response postponed
Jay Carmella on February 2, 2009 9:03 AM ET

[JURIST] The trial of Chinese human rights activist Huang Qi, an outspoken critic of the Chinese government's response to the earthquake in the Sichuan Province [BBC backgrounder], originally set for Tuesday, will now be delayed. A Chinese court on Monday scheduled the trial date for Tuesday, leaving Huang's attorney less than 24 hours to prepare his defense and prompting an immediate legal challenge. Huang's attorney accused [AP report] the Chinese government of breaking the law in order to intentionally make things difficult for his client. Huang remains one of China's most outspoken activists and will be tried on charges of illegal possession of state secrets. A new trial date has not yet been set.

The Chinese court system remains the target of criticism for activist groups. Last July, China was accused [JURIST report] of using the courts to retaliate against journalists critical of government. In February 2008, a Chinese court convicted dissident writer Lu Gengsong on charges of subversion [JURIST report], sentencing him to four years in prison for writing essays exposing corruption within the Communist Party of China. Also last year, the Chinese government violently suppressed demonstrations and protests in Tibet [JURIST news archive], detaining thousands.






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UK government seeks power to remove lords for improper behavior
Jay Carmella on February 2, 2009 7:43 AM ET

[JURIST] The British government intends to present legislation that would allow for members of the House of Lords [official website] to be removed for improper behavior, according to a statement by UK Secretary of State for Justice and Lord Chancellor Jack Straw [official profile; JURIST news archive] during a Sunday interview [audio] with BBC Radio 4. The announcement comes a week after members of the House of Lords were accused of taking cash payments from lobbyists [Sunday Times report] in exchange for amending legislation. Under current law, members of the House of Lords can not be removed from the chamber. This has allowed several members, including Canadian-born financier and former media mogul Conrad Black [CBC materials; JURIST news archive], to remain in the chamber despite being convicted of criminal offenses. Straw hopes the upcoming Constitutional Renewal Bill will not only include measures to remove members of the House of Lords for criminal activity, but also for improper behavior [BBC report], similar to what exists in the House of Commons [official website].

The House of Lords has been a target for reform for many years. In 2003, cabinet members rejected [BBC report] five different reform initiatives that varied from an entirely elected to entirely appointed House of Lords. Proposals were again initiated in 2006, with the release of a document by a cross-party working group on Lords' reform that hinted at a half-elected, half-appointed House with 450 Lords sitting in the chamber. In 2007, former UK Prime Minister Tony Blair pushed [JURIST report] for a half-elected, half-appointed House of Lords that removed all but 92 House members who still inherit their parliamentary seats.






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