[JURIST] The Guinean military junta committed crimes against humanity during the September 28 incidents at Conakry [BBC backgrounder], according to a report by a UN fact-finding mission leaked Monday. The commission concluded [Reuters report] that military junta leader Moussa Dadis Camara [BBC profile] should be held responsible for the violence at the pro-democracy rally in which soldiers allegedly opened fire, killing more than 150 civilians and wounding more than 1,200. The report was received [press release] by UN Secretary-General Ban Ki-Moon [official profile] last week and sent to the UN Security Council [official website] for review. The Security Council is now holding closed-door consultations on the report, and it is unclear what, if any, steps will be taken. Camara currently remains hospitalized, having been shot and wounded by one of his own soldiers earlier this month.

In October, the Security Council called for an investigation [JURIST report] into the alleged human rights abuses. Earlier that month, Guinean Minister of Foreign Affairs Alexandre Cece Loua [GuineeNews profile] said during a visit to the International Criminal Court (ICC) [official website] that the Guinean judiciary is capable of and intends to investigate [JURIST report] and prosecute any crimes committed during the incidents of September 28. The Guinea junta has created a National Commission for an Independent Investigation that will work with the committee established [JURIST report] by Ban to look into possible human rights abuses by Guinean soldiers. The ICC has placed the Guinean military under preliminary investigation [JURIST report] for human rights violations during the Conakry incident.

[JURIST] The World Trade Organization (WTO) [official website] on Monday rejected [report, PDF] a Chinese appeal of an August ruling [text, PDF] that Chinese controls on US imports of books, music, and audiovisual materials violate international trade regulations. The dispute [case materials] originally arose in April 2007 when the US filed a complaint over Chinese restrictions allowing certain state-owned companies to reserve the right to import types of entertainment media, effectively forcing US companies to conduct business with only those business channels. The complaint also challenged market access restrictions on foreign service providers. The WTO originally held that while China may still censor certain media content, it may not use censorship as a justification for barriers on trade, and China appealed [JURIST report] that decision. WTO judges rejected the appeal, concluding that China had not produced any evidence to show that the original panel had erred in its ruling. US Trade Representative Ron Kirk [official profile] welcomed the ruling [press release] as a "big win" for the US. Chinese officials did not comment. Monday's ruling is final and cannot be appealed, but made no recommendations as to how China should comply with the decision.

Monday's ruling is the latest result in the struggle for intellectual property rights between the US and China. In January, a dispute settlement panel of the WTO found [report, PDF; JURIST report] for the US that large parts of China's intellectual property scheme are inconsistent with its obligations under several international treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) [text]. The panel's findings came as the result of a process initiated against China by the US [JURIST report] in August 2007 for alleged lax enforcement of copyright and trademark violations [JURIST report; WTO backgrounder]. The panel's report concluded that certain provisions of China's copyright law as well as certain Chinese customs measures are inconsistent with TRIPS because they "nullify or impair benefits accruing to the United States."

[JURIST] Violent crime in the US decreased 4.4 percent in the first half of 2009, according to the FBI's Preliminary Semiannual Uniform Crime Report [materials; press release] published Monday. Specifically, murder decreased 10 percent, robbery dropped 6.5 percent, forcible rape fell 3.3 percent, and aggravated assault decreased 3.2 percent. While violent crime rates dropped across the country as a whole, in cities of populations between 10,000 and 24,999, violent crime increased 1.7 percent. Additionally, property crime has continued to decrease for the sixth year in a row. The 2009 preliminary report only covers the period of January through June, and a full 2009 report will be released next year.

The drop follows a 1.9 percent decrease for 2008 and a 0.7 percent decrease [JURIST reports] for 2007. That came after two years of increasing rates of similar crimes, including a 2006 increase of 1.3 percent and a 2005 increase of 2.3 percent [JURIST reports].

[JURIST] The UN on Monday called for leaders of the Ugandan Lord's Resistance Army (LRA) [BBC backgrounder] to be apprehended [UN News Centre report] for war crimes in southern Sudan and the Democratic Republic of the Congo (DRC) between September 2008 and June 2009. The LRA is accused of killing, raping, and mutilating more than 1,200 men, women, and children, abducting at least 1,400 civilians, and displacing almost 300,000 others. UN High Commissioner for Human Rights Navi Pillay [official profile] called for the rebel leaders to be tried by the International Criminal Court (ICC) [official website] after releasing two joint reports [text, PDF] with the UN Missions in Sudan and the DRC::

These attacks and systematic and widespread human rights violations carried out by the LRA since mid-September 2008 against Congolese civilians during the armed conflict may constitute war crimes and crimes against humanity for which there is no statute of limitations under international law. It should be recalled that the Rome Statute of the International Criminal Court defines certain human rights violations as crimes against humanity. These acts, committed with knowledge as part of a widespread or systematic attack against any civilian population include, inter alia, murder, torture, rape, sexual slavery and enforced disappearance of persons.

[JURIST] Former Israeli prime minister Ehud Olmert [official profile; JURIST news archive] pleaded not guilty Monday to charges of fraud and corruption that led to his resignation last year. Olmert is accused of illegally accepting cash contributions from American businessman Moshe Talansky, double billing [JURIST reports] travel expenses to the state and charitable donors, and giving his former law partner Uri Messer access to state information. Olmert denied all charges [Haaretz report] against him Monday in his first public response to the allegations. The court is due to begin hearing testimony in the trial on February 22. If convicted, Olmert faces up to five years in prison on each count.

Olmert's trial, the first of a former or current Israeli prime minister, comes after three years of allegations that he abused his official powers during his time as mayor of Jerusalem and minister of industry, trade, and labor. Proceedings began [JURIST report] in September after Attorney General Menahem Mazuz [official profile] formally indicted [JURIST report] Olmert in August, but the trial was postponed until February to allow Olmert to gather evidence necessary for his defense. In April 2007, Olmert was investigated for improperly favoring his supporters [JURIST report] in distributing business grants during his time as trade minister. In January 2007, the Israeli Ministry of Justice announced plans to launch an investigation [JURIST report] into allegations that he promoted the interests of two business associates during the 2005 state sale of Bank Leumi [corporate website].

[JURIST] Myanmar's Supreme Court on Monday agreed to hear an appeal by opposition pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive] against the 18-month extension of her house arrest. The decision for the full court to hear her appeal came as the result of a preliminary hearing held Monday, after the court initially agreed to consider the appeal [JURIST report] earlier this month. Suu Kyi's lawyers filed the appeal last month after a lower court rejected [JURIST reports] an earlier appeal. They argue that her conviction should not stand because it is based on the now-defunct 1974 constitution. No date has been set for the appeal hearing.

The extension of Suu Kyi's house arrest stems from an August conviction [JURIST report] for violating state security laws by allowing American John Yettaw to stay in her home after he swam across a lake to get there. Yettaw, who was sentenced to seven years in prison with four years of hard labor, was released [JURIST report] in August after negotiations with US Senator Jim Webb (D-VA). Suu Kyi was initially sentenced to three years in prison with hard labor, but her sentence was immediately commuted by junta chief General Than Shwe. Suu Kyi has spent 14 of the last 20 years in detention, and her latest conviction has been condemned [BBC report] by many world leaders as a political move to prevent her from running in the upcoming elections. Her conviction has given rise to international sanctions [JURIST report] against Myanmar's junta and members of the judiciary.

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Monday charged former Khmer Rouge [BBC backgrounder; JURIST news archive] leader Ieng Thirith [Trial Watch profile; case materials] with genocide, torture, and persecution, adding to previous charges that include war crimes and murder. Ieng Thirith, the wife of ECCC defendant Ieng Sary [Trial Watch profile; JURIST news archive], served as social affairs minister [Reuters report] for the regime that allegedly caused the death of 1.7 million people between 1975 and 1979. The latest charges stem from the deaths of thousands of Vietnamese and ethnic Cham Muslims. Known as the "Khmer Rouge First Lady," Ieng Thirith was originally arrested [JURIST report] in 2007, along with her husband.

Ieng Thirith is the fourth former official to be charged with genocide. Last week, the ECCC brought genocide charges against former head of state Khieu Samphan, former deputy leader and chief ideologist Nuon Chea, and former foreign minister Ieng Sary [JURIST reports] in connection with the same events. Last month, the court heard final arguments [JURIST report] in its first trial, that of Kaing Guek Eav [Trial Watch profile; JURIST news archive], also known as "Duch." Kaing was the first of eight [JURIST report] ex-Khmer Rouge officials to be tried before the ECCC. A verdict is expected in March.

[JURIST] The US Senate [official website] agreed on Monday to close the debate [roll call vote] on proposed health care reform legislation [HR 3590 materials], making way for a vote expected Thursday. The agreement was reached by a narrow 60 to 40 vote, requiring every Democrat and Independent vote available. The proposed bill seeks to extend health insurance coverage and prohibit insurance companies from discriminating based on pre-existing conditions. Legal residents would be required to obtain health insurance under the legislation, with subsidies existing for those who cannot afford it. Senate Republican leader Mitch McConnell (R-KY) [official website] criticized the bill [press release] for its high cost and ineffectiveness, stating that it is inconsistent with President Barack Obama's proposed goals.

Health care reform [JURIST news archive] has been a top priority of the Obama administration for several months. Last month, the US House of Representatives [official website] approved [JURIST report] their reform bill, the Affordable Health Care for America Act [HR 3962 materials]. The House legislation has an estimated cost of around $1 trillon [WSJ report] over 10 years, includes a public option, and would extend coverage to nearly 96 percent of Americans. Like the Senate bill, the House version prohibits discrimination based on pre-existing conditions.