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 Sunday, October 3, 2010




Israel military tribunal convicts soldiers of using boy to search for explosives
Erin Bock on October 3, 2010 9:49 PM ET

Photo source or description
[JURIST] Two Israeli soldiers were convicted by a military tribunal on Sunday of using a 9-year-old Palestinian boy to search confiscated bags for explosives in during the 2008-2009 Gaza war [Guardian backgrounder]. The boy described the incident in an affidavit to the advocacy group Defence for Children International [advocacy website] and stated that he feared the soldiers would kill him [AFP report] during the ordeal as he was forced to search the bags while the soldiers pointed their weapons at him and laughed. The tribunal admitted in its opinion that the soldiers had gone several days without rest, but also stated that Israel's Supreme Court [official website, in Hebrew] had banned the use of "human shields" and similar tactics.

Human rights concerns during the Gaza conflict were addressed in a report released [JURIST report] by the UN Human Rights Council (UNHRC) [official website] last month and formally adopted [JURIST report] by member states on Thursday. The report also addresses violations of human rights and international humanitarian law committed in May during Israel's raid of a Gaza-bound flotilla [JURIST news archive], which left numerous wounded and resulted in the deaths of nine pro-Palestine activists - eight Turks and one American. Israel has rejected the report as "biased, politicized and extremist." Israeli Prime Minister Benjamin Netanyahu [official website] testified before an Israeli-created civilian commission in August and expressed confidence that the commission would find Israeli actions to be in compliance with international law, explaining the Israeli response to the flotilla in the context of the ongoing conflict between Israel and Hamas. In July, an Israeli military probe into the flotilla incident found insufficient intelligence and planning, but concluded that no punishments were necessary [JURIST report].




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


Afghanistan government confiscating weapons of private security firms under Karzai decree
Erin Bock on October 3, 2010 9:08 PM ET

Photo source or description
[JURIST] The Afghan government on Sunday began the process of assuming responsibility for the country's security by disbanding eight Afghan and foreign private security firms and confiscating their weapons and ammunition. The banning of the firms [CNN report] is being conducted in accordance with a decree [Reuters report] issued by Afghan President Hamid Karzai [official profile; JURIST news archive] in August which called for the firms to disband within four months, with the aim of paving the way for the Afghan government to take over all security responsibilities for the country by 2014. Among the firms that were Xe Services [corporate website], formerly known as Blackwater [JURIST news archive], White Eagle Security Services and Four Horseman International [corporate websites]. Afghanistan currently has 52 registered security companies tasked with guarding embassies and convoys, as well as training Afghan security forces. A spokesman for Karzai indicated that the dissolution of the firms would not affect the use of private security firms to train national security forces [AFP report] or protect of various buildings.

Approximately 250 employees of the former Blackwater company were ordered to cease operations [JURIST report] and leave Iraq in February. The explusion was a reaction to a US federal court's decision in December 2009 to dismiss charges [JURIST report] against five former Blackwater employees accused of killing 17 innocent Iraqi civilians [JURIST report] in 2007 because information against the defendants was obtained unconstitutionally. In January, Iraqi Prime Minister Nouri al-Maliki [official website, in Arabic] announced that Iraq will file lawsuits against Blackwater [JURIST report] for the 2007 killings in both Iraqi and US courts. Also in January, two Blackwater contractors working for the US were arrested and charged [JURIST report] with 13 counts relating to a May 2009 shooting of two Afghans at an intersection in Kabul, including second-degree murder and weapons charges. Prosecutors announced in April that the contractors would not face the death penalty for those charges [JURIST report].




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


Fiji ex-PM detained for violating law against public meetings
Dwyer Arce on October 3, 2010 1:24 PM ET

Photo source or description
[JURIST] Fijian opposition leader Mahendra Chaudry was arrested by military authorities Friday for allegedly holding public meetings in violation of regulations imposed by the military government of Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama [BBC profile]. Chaudry, a former prime minister who lost power in a coup in 2000, is to be brought before the Rakiraki Magistrates Court [PacLII backgrounder] Monday along with five others [AFP report] who were detained with him. Chaudry, the leader of Fiji's National Farmers Union, is alleged [Fiji Times report] to have held public meetings to assess the impact of drought and government modernization efforts on Fiji's sugar cane industry. The meetings are alleged to have violated the Public Emergency Regulation [text, PDF], promulgated by Bainimarama's government in April 2009 after the suspension of the constitution [JURIST report]. Bainimarama, the leader of a 2006 coup [JURIST report] against the country's civilian government, has faced ongoing criticism by human rights groups for his government's treatment of opposition groups. In April, the Media Industry Development Decree 2010 [text, PDF], which included several provisions that could result in the fining and imprisonment of journalists, was criticized [JURIST report] by international human rights organizations as "clearly focused on the regime retaining control and entrenching its highly oppressive restrictions."

Fiji has been in turmoil since former president Ratu Josefa Iloilo suspended the constitution and revoked the appointment of all judicial officers after an appeals court ruling [JURIST reports] declaring the appointment of the military government following the 2006 coup unconstitutional. Bainimarama took control in the wake of the coup, which ousted then-prime minister Laisenia Qarase [BBC profile]. The Commonwealth of Nations [official website] suspended [JURIST report] Fiji from its organization in September 2009 because it failed to meet the September 1 deadline for reinstating a constitutional democracy and opening a national dialogue. Fiji was also suspended [JURIST report] from the Pacific Islands Forum [official website] in May 2009 after Fiji's current military government failed to meet a May 1 deadline to schedule elections. Bainimarama announced plans [JURIST report] in July to establish a new constitution by September 2013.




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


Ecuador to revise austerity law following unrest
Dwyer Arce on October 3, 2010 12:07 PM ET

Photo source or description
[JURIST] The Ecuadorean government will revise a controversial austerity law following unrest and a suspected coup attempt, government officials announced Saturday. The announcement came after days of unrest [BBC report], during which protesting police officers fired tear gas at President Rafael Correa [official website; BBC profile], surrounded the hospital at which he was being treated, and trapped him there for 12 hours. The police were protesting the Public Service Law [text, PDF, in Spanish], which they feared would reduce their pay and benefits as part of nationwide austerity measures. The National Assembly denied this claim [press release, in Spanish] on Friday, arguing that the law "includes important benefits for the Armed Forces, Police and Fire Department, including overtime, in recognition of their effort and sacrifice made for the country." Correa has characterized [Al Jazeera report] the unrest as a coup attempt fomented by opposition parties. Three members of the police leadership are under investigation for the violence. Also on Saturday, government officials announced that Correa had no immediate plans to dissolve the National Assembly, which would allow him to pass law by decree until the next election. This was reportedly considered as a way in which to pass through the austerity measures after members of Correa's Alianza PAIS [party website, in Spanish] party had threatened to vote against the measures.

The power to dissolve the legislature and pass laws by decree is one that was conferred to Correa under the new constitution passed in 2008 [JURIST report]. Ecuadorean voters overwhelmingly approved the constitution, which also gave Correa the power to control monetary policy and seek reelection for an additional term. The special assembly charged with rewriting the constitution provisionally approved [JURIST report] the document in July. The success of Correa's referendum fulfilled his pledge to rewrite the country's constitution after his coalition's landslide victory [JURIST report] in October 2007. Critics characterized the 444-article constitution as giving the president too much control over the economy and the judiciary.




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

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


LATEST OP-ED

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

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