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 Wednesday, June 16, 2010




BP to set aside $20 billion in escrow to pay oil spill damage claims
Sarah Miley on June 16, 2010 3:43 PM ET

Photo source or description
[JURIST] US President Barack Obama [official website] announced Wednesday that BP will subsidize a $20 billion compensation fund [transcript] to indemnify the workers and business owners harmed as a result of the BP oil spill [BBC backgrounder, JURIST news archive] in the Gulf of Mexico. The announcement follows a meeting with BP chairman Carl-Henric Svanberg [professional profile] to discuss containment strategies and the timeline and resources that will be utilized to pay legitimate damage claims. Under federal law, there is a $75 million cap on on how much oil companies could be required to pay for economic damages resulting from oil spills. The newly-established escrow fund [government backgrounder] will not have a liability cap and "will provide substantial assurance that the claims people and businesses have will be honored." Washington lawyer and special master for compensation Ken Feinberg [Who Runs Gov profile] has been tapped to be the independent administrator of the oil spill escrow fund. All claims turned down by Feinberg will be adjudicated by a three-person panel. BP will pay $3 billion into the fund in the third quarter of this year and another $2 billion in the fourth quarter. BP will then continue to pay quarterly payments of $1.25 billion until the full $20 billion has been paid. BP also agreed to establish a $100 million fund to compensate unemployed oil rig workers affected by the closure of the deepwater rigs. Whether the escrow fund will cover all legitimate claims remains uncertain, as the total cost of damages resulting from the ongoing oil spill cannot yet be estimated.

The compensation fund meeting followed an announcement from Obama on Tuesday outlining the government's latest plan of action [JURIST report], which included the escrow fund, a long-term restoration plan and prevention of future disasters through stronger regulation. Obama has appointed Secretary of the Navy Ray Mabus [official website] to develop a long-term Gulf Coast Restoration Plan, which will be designed by states, local communities, tribes, fishermen, businesses, conservationists and other Gulf residents. BP will also be responsible for funding the restoration projects. Obama reiterated the prevention goals of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established last month [JURIST report]. The bipartisan commission members, which were announced on Monday [press release], are charged with identifying the causes of the BP oil spill and developing options to mitigate future occurrences through laws, regulations and agency reform. Obama also announced the appointment of Micheal Bromwich [press release], a former federal prosecutor and Inspector General for the Justice Department, as head of the Minerals Management Service, which has been plagued with corruption and notorious for its cozy relationship with oil companies. The president stated that "[Bromwich's] charge over the next few months is to build an organization that acts as the oil industry's watchdog - not its partner."




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


UK Supreme Court rules control order violated appellant's rights
Dwyer Arce on June 16, 2010 2:50 PM ET

Photo source or description
[JURIST] The UK Supreme Court [official website] ruled [judgment, PDF; press summary, PDF] Wednesday that a control order [Guardian backgrounder; JURIST news archive] imposing a 16-hour curfew and requiring the appellant to live 150 miles from his family was a violation of his rights. The appellant, known only as AP, was subjected to the control order in 2008 after being suspected of involvement in terrorism. The order required him to wear an electronic tracking device, live 150 miles from his family in London and adhere to a 16-hour curfew. The solicitor for the appellant argued that the control order subjected him to social isolation, breaching his right to liberty under Article 5 of the European Convention of Human Rights (ECHR) [text]. Lawyers for the government argued that the control order was necessary to prevent the appellant from contacting terrorist organizations based in London. The government also argued that in considering the impact of the control order on the family, the court should not look at the individual circumstances of the family but should consider it on an objective standard. In siding with the appellant, Justice Simon Brown, writing for the seven-justice majority on the 12-member court, stated:
There is nothing in the Secretary of State's argument. ... In short, the judge must disregard not "the particular difficulties of the subject's family in visiting him" but rather any lack of contact resulting from the family's unreasonable failure to overcome these difficulties in order to visit him. It is not suggested here that the family behaved unreasonably in failing to overcome more effectively the practical difficulties they faced in visiting AP on a more regular basis, only that their particular difficulties should have been ignored. That submission cannot be accepted.
The case came to the court on appeal after the Court of Appeals of England and Wales [official website] had reversed the decision of a lower court. The lower court had rejected AP's EHCR Article 8 claim on the basis that the interference with family life was justified by national security considerations but found that, in conjunction with the 16-hour curfew, it constituted an EHCR Article 5 deprivation of liberty.

The appellant is an Ethiopian immigrant to the UK who was suspected of terrorist ties and not allowed to reenter the country after traveling to Somalia and Ethiopia in 2006. AP was later allowed out of detention subject to a control order issued under the Prevention of Terrorism Act of 2005 (PTA) [text], which allows the British government to conduct surveillance and impose house arrest on suspects where there does not exist enough evidence to prosecute. The orders can also be used to forbid the use of mobile phones and the Internet. The system set up under PTA has been criticized by Amnesty International (AI) [advocacy website] for what the human rights organization describes as criminal sanction without trial [press release] that is not compatible with human rights. AI has called for the repeal of the PTA and the abandonment of control orders, which it described as "fundamentally flawed." In September, then-Home Secretary Alan Johnson [BBC profile] said that the government would undertake a review [JURIST report] of the system. Johnson issued a ministerial statement [text] saying that his "current assessment is ... that the control order regime remains viable," but that he would "be keeping this assessment under review." In October 2007, the UK Law Lords ruled in a series of decisions that the government can continue to impose control orders [JURIST report] on terror suspects in lieu of detention, but said that some elements of the orders violate human rights.




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


Rwanda genocide tribunal hears appeal of convicted former colonel
Drew Singer on June 16, 2010 2:07 PM ET

Photo source or description
[JURIST] The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) [official website] heard arguments [press release] Wednesday in an appeal filed on behalf of former Rwandan Armed Forces Colonel Tharcisse Renzaho [case materials; Trial Watch profile]. Renzaho was sentenced to life in prison [judgment, PDF; JURIST report] last year after he was convicted of crimes relating to the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. Renzaho's lawyer argued [AFP report, in French] that the defense's key witnesses faced threats and intimidation while in Rwanda, which prevented Renzaho from receiving a fair trial. Renzaho wants the court to overturn his convictions and order his release or reduce his life sentence. The prosecution opposes the relief sought and is asking that the appeal be dismissed.

The ICTR continues its work to prosecute those most responsible for the Rwandan genocide, in which nearly 800,000 people, primarily Tutsis, were killed. On Tuesday, the ICTR Appeals Chamber heard arguments [JURIST report] on behalf of Emmanuel Rukundo, a priest convicted of genocide and other charges last year. In March, the ICTR Appeals Chamber affirmed [JURIST report] the genocide conviction of popular Rwandan singer-songwriter Simon Bikindi. Also in March, the Appeals Chamber reversed several convictions against Rwandan district attorney Simeon Nchamihigo including murder and extermination as crimes against humanity and three counts of genocide. Both Bikindi and Nchamihigo are being held in the UN Detention Facility in Arusha, Tanzania, pending their transfer to the countries where they will serve their sentences.




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


Former mortgage company CEO indicted on TARP fraud charges
Hillary Stemple on June 16, 2010 1:17 PM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] on Wednesday announced that a grand jury has indicted [press release] the former CEO of mortgage company Taylor, Bean & Whitaker (TWB) [corporate website] on charges of fraud related to the Troubled Asset Relief Program (TARP) [materials]. The indictment alleges that Lee Farkas and his co-conspirators engaged in a USD $1.9 billion complex fraud scheme that contributed to the failure of Colonial Bank [corporate website] in order to cover financial losses suffered by TWB. The scheme involved sweeping money between accounts in order to hide existing debt. The indictment also alleges that Farkas was involved in a phony equity investment in Colonial Bank, which led the company to misrepresent its assets when applying for TARP funds. Farkas has been charged with conspiracy, bank fraud, wire fraud and securities fraud. The Securities and Exchange Commission (SEC) [official website] also filed civil charges [press release] against Farkas alleging that he sold more than $1.5 billion worth of fabricated or impaired mortgage loans and securities to Colonial Bank, which misled the public as to the quality of the bank's assets. Assistant Attorney General Lanny Breuer [official website] noted the importance of the indictment stating, "This alleged fraud scheme is an example of the damaging and destabilizing impact financial crimes can have on our nation's financial institutions. Individuals and companies that violate the law in a reckless pursuit of profits must be held accountable for their crimes." In additional to facing a potentially lengthy prison sentence, the government is also seeking to recover USD $20 million that was allegedly personally misappropriated by Farkas.

The federal government continues to investigate possible cases of fraud that may have played a role in the recent financial crisis [JURIST news archive]. In April, the DOJ announced a criminal investigation [JURIST report] of Goldman, Sachs & Co. [corporate website] for possible securities fraud in mortgage trading. Also in April, the SEC filed a civil suit [JURIST report] against Goldman alleging securities fraud. Last year, two former Bear Stearns hedge fund managers were acquitted [JURIST report] of securities-related charges. The June 2008 SEC complaint [text, PDF] alleged that the managers had taken leveraged positions in financial derivatives based on subprime mortgage-based assets and then taken steps to conceal ensuing losses from investors.




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


Two Sudan war crimes suspects voluntarily surrender to ICC
Hillary Stemple on June 16, 2010 11:40 AM ET

Photo source or description
[JURIST] Two Sudanese men suspected of committing war crimes related to the ongoing violence in the Darfur [JURIST news archive] region of Sudan surrendered [press release] Wednesday to the International Criminal Court (ICC) [official website]. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are suspected in connection with the September 2007 attack on African Union (AU) [official website] peacekeeping troops at Haskanita [BBC backgrounder], which resulted in the death of 12 peacekeepers. Summonses for Banda and Jerbo [text, PDF] were issued under seal by Pre-Trial Chamber I last August and include charges of murder, intentionally attacking a peacekeeping mission, and "pillaging." ICC Chief Prosecutor Luis Moreno-Ocampo [official website] praised the voluntary appearance [press release] of the men saying, "It shows the importance of co-operation by all parties to the conflict, as required by United Nations Security Council Resolution 1593 [text, PDF]." Ocampo also indicated that the appearance of the men means that the ICC will have the chance to prosecute all suspects they wished to prosecute in connection with the Haskanita attack. A third rebel leader, Bahar Idriss Abu Garda, was charged by the ICC earlier this year [case materials] in connection with the attack, but the charges were dropped [JURIST report] due to lack of evidence. Banda and Jerbo are scheduled to make their first appearance before the court tomorrow.

Last week, Ocampo called on the UN Security Council [official website] to support the arrest [statement, PDF; JURIST report] of two other Sudanese men who have been indicted for war crimes in Sudan. Ocampo urged the Security Council to secure the execution of the outstanding arrest warrants for Ahmad Harun and Ali Kushayb [Trial Watch profiles; case materials] in light of the fact that the Sudanese government, which bears the primary responsibility to do so, has not. 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. 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


UK prosecutors considering charges over 'Bloody Sunday' deaths
Sarah Miley on June 16, 2010 11:20 AM ET

Photo source or description
[JURIST] The Public Prosecution Service (PPS) for Northern Ireland announced Tuesday that it is considering whether to file charges [press release, PDF] against the British soldiers responsible for civilian casualties in the 1972 Bloody Sunday [BBC backgrounder] attack in Londonderry. The Bloody Sunday Inquiry [official website] released a report [text] of a 12-year investigation on Tuesday calling the soldiers' actions "unjustified and unjustifiable." The report raises the possibility of criminal prosecutions for offenses ranging from perjury to murder. The PPS stated that it would consult with the UK Crown Prosecution Service [official website] to determine the scope of jurisdiction [press release, PDF] in regard to any possible offenses that may arise. Critics hold that the prosecution of the soldiers is a divergence from the Good Friday Agreement of 1998 [government backgrounder], which set up democratic and peaceful means of resolving differences between Britain and Ireland. The agreement resulted in the release of numerous Irish Republican Army [Global Security backgrounder] militants guilty of similar crimes as those committed by the British soldiers in Northern Ireland. The PPS did not give a date for determination of the soldier's prosecution, but stated that the "matter will be considered as expeditiously as possible."

The Bloody Sunday inquiry was launched in 1998 by former prime minister Tony Blair [Guardian backgrounder] in response to pressure from the victims' families. The final report concluded [JURIST report] that British soldiers fired upon unarmed civilians without warning during an illegal civil rights march in Londonderry. The inquiry also found that the soldiers continued to shoot the civilians as they were fleeing the gunfire. The military unit originally held that they were aiming at armed individuals who were allegedly IRA militants, but the investigation concluded that no soldiers suffered injuries from returned fire. The onslaught killed 13 civilians and wounded 15. UK Prime Minister David Cameron [official website] apologized [transcript] for the soldiers' malfeasance stating that although the atrocity happened almost 40 years ago, the victims and their families still deserved an apology from the current government for the mistakes of those in the past. The victims' families requested the investigation in order for their loved ones to be exonerated from being labeled IRA bombers and gunmen and to hold the British contingent responsible for the unjustified killings. The Bloody Sunday inquiry is the longest and most expensive public investigation [JURIST report] in British legal history.




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


ICTR calls for release of US lawyer in Rwandan custody
Dwyer Arce on June 16, 2010 10:54 AM ET

Photo source or description
[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Tuesday called for the release of US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive] in a letter [text] to Rwanda authorities. Acting on the advice of the UN Office of Legal Affairs [official website], the ICTR asserted in the letter that Erlinder has immunity from prosecution under the Convention on Privileges and Immunities of the United Nations [text, PDF], a treaty that Rwanda to which is a party that prevents legal action of any kind against UN employees working in an official capacity. Despite assurances to the contrary by Rwandan Prosecutor General Martin Ngoga [New Times profile], the letter points to the arguments made at Erlinder's June 7 bail hearing [JURIST report], as evidence that the genocide denial charges against him are related to his work as defense counsel at the ICTR, stating:
The ICTR notes that the Prosecution appearing before the High Court made specific references to words Professor Erlinder spoke and statements he made in his case before the ICTR. ... Although no formal copy of the charges brought against Professor Erlinder has been received yet, the ICTR takes the view that the decision of the High Court constitutes a sufficient basis to identify a link between the nature of the accusations against Professor Erlinder and his mandate with the Tribunal.
Erlinder has appealed the decision at the bail hearing, where the court found him to be a flight risk and denied bail despite his claim that he needed to return to the US for medical treatment following what Rwandan officials say was a suicide attempt [JURIST report]. The appeal hearing is scheduled for Thursday. On Monday, US Secretary of State Hillary Clinton [official website] stated that the Obama administration had expressed concern [statement] to the Rwandan government over Erlinder's detention and the prosecution of opposition candidates but emphasized the US government's continued support for the Rwandan government.

Last week, US Representatives Betty McCollum (D-MN) and Keith Ellison (D-MN) [official websites] introduced a resolution [JURIST report] calling on the Rwandan government to release Erlinder in order to "prevent ... an impasse in relations" between the US and Rwanda. The resolution emphasizes the amount of aid that has been given to the Rwandan government by the US, which is to be increased by 43 percent in the 2011 budget [materials] and has amounted to over a billion dollars since 2000. The resolution has been referred to the Committee on Foreign Affairs of the House of Representatives [official websites] for consideration. The resolution came a day after a joint statement [JURIST report] calling for Erlinder's release was issued by more than 30 defense lawyers from the ICTR. The statement described the arrest as indicating a growing threat to the country's legal system. The defense lawyers contend that Erlinder's arrest and subsequent denial of bail "seriously compromised" the ICTR's mission by undermining the independence of lawyers and preventing them from performing their duties without fear of suffering reprisals. Rwandan police arrested Erlinder [JURIST report] last month on charges that he denied the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Erlinder was in Rwanda to prepare his defense of opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], who was arrested in April [JURIST report] on similar charges. Erlinder has pleaded not guilty [JURIST report].




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


Deputy AG nominee criticized on Obama administration terrorism approach
Hillary Stemple on June 16, 2010 9:50 AM ET

Photo source or description
[JURIST] The US Senate Judiciary Committee [official website] on Tuesday held a hearing [materials; video] to consider the nomination [JURIST report] of James Cole [nomination materials] for deputy attorney general. Republican members of the committee used the hearing to offer criticism of the Obama administration's approach to fighting terrorism [JURIST news archive] and to question the commitment of the Department of Justice (DOJ) [official website] to using all tools necessary to prevent future terrorist attacks. Jeff Sessions (R-AL) [official website], the ranking Republican on the committee, questioned Cole's qualifications to serve as deputy attorney general, citing an op-ed written by Cole [text, PDF] following the 9/11 terrorist attacks [JURIST news archive] in which Cole referred to the attacks as a criminal act and indicated that the attorney general's job was to prosecute crimes, not act as part of the military. Sessions condemned this philosophy, which he viewed as rejecting the use of military tribunals to try terrorist suspects. He also questioned Cole's position on reading terrorist suspects their Miranda rights. Sessions indicated he thought Cole's nomination provided troubling insight into the current DOJ's view on terror, calling the approach, "an adherence to the failed 9/11 enforcement approach to Islamic terrorism that focused on indictments rather than intelligence and individual suspects rather than the individual terrorist networks." He also called on the DOJ to "reject this blind adherence to the pre-9/11 criminal law mindset." Witnesses supporting Cole's appointment maintained that his views have been validated by US Supreme Court [official website; JURIST news archive] rulings in Hamdan v. Rumsfeld and Boumediene v. Bush [JURIST reports].

US Attorney General Eric Holder [official website] and the DOJ have been heavily criticized by Republicans for the decision to try certain terror suspects in federal court and because of two-high profile terror cases where the suspects were given their Miranda warnings [JURIST report]. Last month, lawmakers introduced a bill [JURIST report] that, if passed, would strip US citizenship rights from those suspected of engaging in terrorism in order to prevent the warnings from being given in the future. In February, Holder defended his decision [JURIST report] to try the so-called "Christmas Day Bomber", Umar Farouk Abdulmutallab [BBC profile; JURIST news archive], in federal court. A week later, Holder indicated that he would be open to a more "flexible" approach [JURIST report] when considering whether to try terrorism suspects in civilian or military courts.




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


Obama to create BP oil spill compensation fund, increase industry regulation
Sarah Miley on June 16, 2010 9:08 AM ET

Photo source or description
[JURIST] US President Barack Obama [official website] on Tuesday announced the latest plan of action [transcript] for tackling the BP oil spill [BBC backgrounder, JURIST news archive], including the development of a compensation fund, a long-term restoration plan and prevention of future disasters through stronger regulation. Obama will meet with BP chairman Carl-Henric Svanberg [professional profile] on Wednesday to discuss the establishment of a compensation fund that will be subsidized by BP to indemnify the workers and business owners harmed as a result of the oil spill. In order to ensure that all legitimate claims are paid out in a fair and timely manner, the fund will be administered by a third party. Obama has also appointed Secretary of the Navy Ray Mabus [official website] to develop a long-term Gulf Coast Restoration Plan, which will be designed by states, local communities, tribes, fishermen, businesses, conservationists and other Gulf residents. BP will also be responsible for funding the restoration projects. Obama reiterated the prevention goals of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established last month [JURIST report]. The bipartisan commission members, which were announced on Monday [press release], are charged with identifying the causes of the BP oil spill and developing options to mitigate future occurrences through laws, regulations and agency reform. Obama also announced the appointment of Micheal Bromwich [press release], a former federal prosecutor and Inspector General for the Justice Department, as head of the Minerals Management Service, which has been plagued with corruption and notorious for its cozy relationship with oil companies. The president stated that "[Bromwich's] charge over the next few months is to build an organization that acts as the oil industry's watchdog - not its partner." Obama closed his speech from the Oval Office by reiterating his commitment to tackle the crisis created by the oil spill.

The federal government continues examining its options for dealing with the oil spill and future drilling regulations. Last week, Obama called for new oil pollution laws [statement; JURIST report], emphasizing the need to need to update the Oil Pollution Act of 1990 [materials], a piece of legislation that was passed in the aftermath of the Exxon Valdez oil spill [backgrounder]. Obama also called on Congress to pass energy reform legislation, several versions of which have been introduced [JURIST report] in recent months. Earlier this month, US Attorney General Eric Holder [official website] announced that the Department of Justice [official website] would be reviewing whether any criminal or civil laws were violated by BP [JURIST report]. Holder cited several statutes being examined by government lawyers including the Clean Water Act [materials] and the Oil Pollution Act. Obama held a press conference in May to announce new regulations to mitigate future oil spills [JURIST report] and the current plan of action for resolving the crisis created by the ongoing spill in the Gulf of Mexico. The government suspended several offshore drilling activities including exploration of platform locations in Alaska, pending lease sales in the Gulf and Virginia, and the drilling of 33 deepwater exploratory wells in the Gulf. The government also suspended the issuance of new permits to drill deepwater wells for six months. The White House is keeping a daily chronology of events [text].




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


Rights group urges Iraqi Kurdistan to end female genital mutilation
Dwyer Arce on June 16, 2010 9:00 AM ET

Photo source or description
[JURIST] Human Rights Watch (HRW) [advocacy website] called on the government of Iraqi Kurdistan to outlaw female genital mutilation (FGM) [WHO backgrounder] in a report [materials; press release] published Wednesday. The report, "They Took Me and Told Me Nothing," calls on the Kurdistan Regional Government (KRG) [official website] to develop a comprehensive legislative plan to reduce FGM in the region and to ensure that it is enforced and in compliance with all international anti-discrimination treaties that are binding upon the KRG. According to the report, the comprehensive strategy should include a ban on performing FGM on children and non-consenting adults and programs to raise awareness of the negative impact of the practice. HRW also urged the Iraqi government to work with the KRG to develop an anti-FGM policy and provide medical and social support to the victims of the practice. HRW emphasized the complexity of ending FGM in a society due to the status of the practice in the cultures that practice it and the belief among some practitioners that it is a requirement of Islam. HRW stated:
FGM poses a difficult challenge for the government and people of Iraqi Kurdistan. It is a complex issue to address, its eradication requiring strong leadership from the authorities and partnerships across the political spectrum and with religious leaders, nongovernmental organizations, and communities to bring about social change. First and foremost, it requires Iraqi Kurds in positions of leadership and influence to recognize and accept that FGM is a problem, one that can be addressed through concerted action that will reinforce Iraqi Kurdistan's reputation as a society committed to the protection of the rights of women and children, and a society in which Muslims practice their faith without FGM, as is the case with the majority of Muslims across the world.
According to the report, 57 percent of women in Iraqi Kurdistan have had some form of FGM performed on them, a practice that is recognized as a form of violence against women. The report went on to encourage the KRG to uphold its history of protecting and promoting women's rights, including outlawing reduced sentencing for honor killings [AI backgrounder] and a requirement that 30 percent of the Kurdistan Parliament [official website, in Persian] be women.

As many as 140 million women and girls worldwide have undergone some form of FGM, which is defined by the World Health Organization (WHO) [official website] as "all procedures involving partial or total removal of the external female genitalia or injury to the female genital organs for nonmedical reasons." The KRG has taken steps in the past to reduce FGM. In 2008, a majority of the members of the Kurdistan Parliament supported the introduction of legislation banning the practice, although the legislation was not pursued. In 2007, the KRG Justice Ministry [official website] issued a decree ordering police to charge those found practicing FGM, but this was never enforced. Iraqi Kurdistan is one of the few regions in the Middle East where FGM is practiced, along with some communities in Yemen. The practice of FGM is most common on the African continent, where a 2005 UNICEF report [text, PDF] found near universal prevalence in countries such as Egypt, Sudan, Ethiopia and Mali, and lower rates in surrounding nations. In December, Uganda's parliament voted to outlaw the practice [JURIST report].




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


Law school deans support Kagan as 'superbly qualified' Supreme Court nominee
Erin Bock on June 16, 2010 8:15 AM ET

Photo source or description
[JURIST] A group of 69 current and former law school deans have expressed their support for US Supreme Court [official website] nominee Elena Kagan [official profile; JURIST news archive], describing her as "superbly qualified" in a letter [text, PDF] released Tuesday. The June 7 letter, addressed to Senate Judiciary Committee [official website] chair Patrick Leahy (D-VT) and ranking member Jeff Sessions (R-AL) [official websites], was authored by Stanford Law School [academic website] Dean Larry Kramer [professional profile] and represented the views of deans from a diverse group of schools in a variety of states. The group cited Kagan's academic accomplishments, including the qualities she exhibited as former dean of Harvard Law School [official website], to bolster their recommendation:
Elena Kagan has, over the course of her career, consistently exhibited patience, a willingness to listen, and an ability to lead, alongside enormous intelligence. The same qualities that enabled her to unify what some described as a fractious campus will serve the nation, and the Constitution, well ... She will inspire those around her to pursue law and justice in a way that makes us proud.
The deans said their professional positions put them at a "unique vantage point" to speak on Kagan's behalf. Three deans reiterated their support [CNN report] during a telephone conference organized by the White House on Tuesday afternoon.

Kagan's nomination has not been without controversy. Last week, the Clinton Presidential Library released more than 40,000 pages of memos [AP report] written by Kagan during her time as legal counsel to the Clinton administration and as a law clerk to Justice Thurgood Marshall. The memos fueled conservatives' fears that Kagan may be too liberal [AP report]. Some of the memos outlined policy arguments regarding issues such as abortion, assisted suicide and religious freedom. The Senate Judiciary Committee is concerned that more pertinent documents will not be released in time for Kagan's hearings, which are scheduled to begin on June 28 [JURIST report]. Critics also worry that having another graduate from an Ivy League law school on the bench will foster elitism [JURIST op-ed]. President Barack Obama nominated Kagan [JURIST report] in May to replace Justice John Paul Stevens [official profile; JURIST news archive], who announced his retirement [JURIST report] in April. Kagan became the first woman confirmed as Solicitor General [JURIST report] in 2009.




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


Rwanda genocide tribunal hears appeal of convicted former priest
Christian Ehret on June 16, 2010 7:05 AM ET

Photo source or description
[JURIST] The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) [official website] heard arguments [press release] Tuesday on behalf of Emmanuel Rukundo [case materials; church website], a priest convicted of genocide [JURIST report] and other charges last year. The appellate chamber also heard arguments from the prosecution, which is seeking to increase the 25-year sentence to life imprisonment. Rukundo's arguments are based on his contention that the Trial Chamber erred both factually and legally in reaching a conviction. The Trial Chamber originally found that Rukundo, while serving as a military chaplain and captain in the Rwandan Armed Forces, used his position as a priest to influence troops to abduct and kill Tutsi refugees who were hiding in the Saint Leon Seminary during the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive].

The ICTR continues it work to prosecute those most responsible for the Rwandan genocide, in which nearly 800,000 people, primarily Tutsis, were killed. In March, the ICTR Appeals Chamber affirmed [JURIST report] the genocide conviction of popular Rwandan singer-songwriter Simon Bikindi. Also in March, the Appeals Chamber reversed several convictions against Rwandan district attorney Simeon Nchamihigo including murder and extermination as crimes against humanity and three counts of genocide. Both Bikindi and Nchamihigo are being held in the UN Detention Facility in Arusha, Tanzania, pending their transfer to the countries where they will serve their sentences.




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