JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Saturday, June 12, 2010




Sri Lanka cabinet votes to remove presidential term limits
Hillary Stemple on June 12, 2010 4:54 PM ET

Photo source or description
[JURIST] The Sri Lankan government announced Friday that the country's Cabinet has voted to remove presidential term limits [press release] that restricted presidents from serving more than two terms in office. The Cabinet also approved changes to the Sri Lankan Constitution [text] to give the president the power to appoint the members commissions that oversee elections and human rights violations and those that oversee police and corruption cases. The Sri Lankan Parliament [official website] must pass the changes by a two-thirds majority before they take effect. The changes are expected to be approved [TOI report] because the ruling coalition of President Mahinda Rajapaksa [official website; JURIST news archive], the United People's Freedom Alliance [party website], controls 144 seats of the 225 member body and has the support of opposition defectors. If approved by parliament, the changes will allow Rajapaksa to run for office again at the conclusion of his current term in 2016. Many members of Rajapaksa's family currently hold high-ranking positions within his government, causing opponents to contend that the true motivation for the change is to allow his family to consolidate power [Times Online report] over the government.

Rajapaksa was first elected president in 2005 and was re-elected in January after dissolving parliament [JURIST report] in February. Rajapaksa's opponent in January was former army chief Sarath Fonseka [BBC profile; JURIST news archive], who was arrested [JURIST report] by the military in February after losing the election. In April, Fonseka appeared before parliament to call for both his freedom and respect for the "rule of law" [JURIST report]. Fonseka argued for his release from what he characterized as an "illegal detention" and a byproduct of injustice. In March, the former chief justice of the Sri Lankan Supreme Court [official website] accused the government [JURIST report] of violating Fonseka's civil rights and the country's constitution.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


ICC prosecutor seeks UN support for arrest of suspected Sudan war criminals
Hillary Stemple on June 12, 2010 2:50 PM ET

Photo source or description
[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo on Friday called on the UN Security Council [official website] to support the arrest [statement, PDF; press release] of two Sudanese men indicted for war crimes. The suspects, Ahmad Harun and Ali Kushayb [Trial Watch profiles; case materials], are wanted for crimes related to the ongoing violence in the Darfur [JURIST news archive] region of Sudan. Ocampo urged the Security Council to secure the execution of the outstanding arrest warrants in light of the fact that the Sudanese government, which bears the primary responsibility to do so, has not. Ocampo informed the Security Council that violence in the Sudan continues, despite the signing of a peace agreement earlier this year. He blamed this on a sense of impunity that has been perpetuated by the continued freedom of ICC suspects, including Sudanese President Omar al-Bashir [ICC materials, PDF], who was indicted by the ICC [JURIST report] in 2009. Ocampo called on the Security Council to include the arrest of Harun and Kushayb as part of its comprehensive strategy for achieving peace in Sudan, which the body is expected to discuss Monday.

The ICC issued arrest warrants [JURIST report] for Harun and Kushayb in 2007 on 51 counts of crimes against humanity and war crimes. Kushayb was apprehended and held pending trial, but he appealed [JURIST reports] and was released by the Sudanese government later that year when the government announced that the ICC did not have jurisdiction over Sudanese citizens. Last month, Ocampo referred Sudan to the Security Council [JURIST report] for lack of cooperation in the pursuit of Harun and Kushayb. ICC Pre-Trial Chamber I released a decision [text, PDF] asking the Security Council to take any steps it deems appropriate to compel Sudan to comply with its obligation under Security Council Resolution 1593 [text, PDF], which provides that "the Government of Sudan and all other parties to the conflict in Darfur shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution.'' Since the ICC concluded that it has exhausted all its resources, the responsibility will now be shifted to the Security Council to take appropriate action. Sudan, which is not a permanent member of the ICC under the Rome Statute [text], refuses to recognize the court's jurisdiction, stating that "the International Criminal Court has no place in this crisis at all."




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Google tells Congress data collection was lawful mistake
Sarah Miley on June 12, 2010 11:48 AM ET

Photo source or description
[JURIST] Google [corporate website; JURIST news archive] claims that its collection of private information over Wi-Fi networks for its Street View maps was inadvertent and did not violate any laws, according to a letter [text, PDF] released Friday by the Energy and Commerce Committee of the US House of Representatives [official websites]. Last month, committee Chairman Henry Waxman (D-CA), Ranking Member Joe Barton (R-TX) and Representative Edward Markey (D-MA) [official websites] sent a letter to Google [text, PDF] outlining several questions regarding the company's data harvesting practices and its use of the collected payload data. In Google's letter, the Internet giant claimed that the collection of private data was a "mistake" and apologized for collecting fragments of e-mails, search requests and other online activities over unencrypted Wi-Fi networks. Google also claims that its inadvertent data collection was lawful:
The payload data has never been used in any Google product or service, nor do we intend to use it. ... As soon as we became aware of this problem, we grounded our Street View cars and segregated the payload data on our network. We then removed the data from the Google network so that it is inaccessible to anyone other than those responsible for securing the data, and we continue to take steps to safeguard payload data. Collection of WiFi payload data was a mistake. The payload data has never been used in any Google product or service, nor do we intend to use it. ... We believe it does not violate U.S. law to collect payload data from networks that are configured to be openly accessible (i.e., not secured by encryption and thus accessible by any user's device). We emphasize that being lawful and being the right thing to do are two different things, and that collecting payload data was a mistake for which we are profoundly sorry.
Barton found Google's practices "deeply troubling" [CQ report], stating that Google had been collecting private data for years and is still unaware of who has been affected. Markey claims that Google "fell short" of taking appropriate actions to protect the privacy of its consumers. Barton and Markey solicited the response from Google as part of a recent investigation into the company's data harvesting techniques by the US Federal Trade Commission [official website].

Several investigations have recently been launched into Google's unencrypted data collections to determine whether the company's practices have violated privacy laws. Earlier this week, Australia commenced an investigation [JURIST report] into whether Google breached the nation's Telecommunications Interception Act [text], which prevents people from accessing electronic communications other than for authorized purposes. Canada launched an investigation [JURIST report] last week into Google's unsecured Wi-Fi data collection to determine whether Google has violated the country's Personal Information Protection and Electronic Documents Act [text, PDF], which applies to private organizations that collect, use, or disclose personal information in the course of commercial activities. Belgium, the UK, the Czech Republic, France, Germany, Italy, Spain and Switzerland have also asked Google to retain data collected in those respective nations. On Thursday, Google was accused by advocacy group Privacy International (PI) [advocacy website] of criminal intent [JURIST report] for the company's private data collection. PI released its statement in response an independent audit [text, PDF] published by Google on the company's official blog [website]. PI claims that information gathered in the audit proves that Google's interception of unencrypted data was not inadvertent and should lead to prosecution.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


ICC nations define crime of aggression
Sarah Miley on June 12, 2010 10:06 AM ET

Photo source or description
[JURIST] The International Criminal Court (ICC) [official website] on Friday adopted an amendment [press release] to the Rome Statute [text, PDF] including a definition for the crime of aggression and creating jurisdictional conditions for prosecution. The amendment was adopted after ICC nations reached a compromise on the definition and implementation of the offense as the Review Conference of the Rome Statute [materials] came to a close in Kampala, Uganda. Under the new amendment, the UN Security Council [official website] will serve as the primary body in determining whether a crime of aggression has occurred. If the Security Council fails to make a determination, the ICC prosecutor is authorized to commence an investigation on his own initiative or upon a request from an ICC state party. The Security Council can halt an investigation of a crime of aggression at any time through a resolution, but this resolution must be reinstated every 12 months. Non-state parties do not fall under ICC jurisdiction when the prosecutor initiates the investigation, and state parties can exempt themselves from jurisdiction over the crime of aggression by submitting a declaration of non-acceptance to the court. These exemptions, however, do not apply when the Security Council has determined that a crime of aggression has occurred. The new amendment will not applicable until 2017 at the earliest.

As the final rounds of the review conference commenced on Friday, ICC nations had been unable to reach a consensus [JURIST report] on the adoption of the crime of aggression. The crime of aggression is listed under Article 5 of the Rome Statute along with war crimes, crimes against humanity and genocide, but the ICC remained unable to exercise jurisdiction over the crime of aggression because the statute did not define the crime or set out jurisdictional conditions. Nations attending the conference were divided on the issue of the amendment's implementation and whether the Security Council should have oversight on the ICC's application of the crime. Earlier this month at the review conference, US Ambassador-at-Large for War Crimes Issues Stephen Rapp expressed concern [JURIST report] over the potential adoption of the state aggression law by the ICC, claiming that the proposed aggression charge is overly broad and could result in politicized investigations into use of force. He held that "a fundamental principle of legality is that individuals must know whether conduct crosses the line into that which is forbidden before they act and not learn the answer in the crucible of trial." Delegates opposed to the ICC mandate are wary of its impact on the use of force, such as NATO's bombing of Kosovo in the 1990s, Tanzania's invasion of Uganda to overthrow military dictator Idi Amin, or more recently Colombia's raids in Ecuador against Marxist rebels.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org