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Legal news from Tuesday, February 1, 2011




France authorities arrest Srebrenica massacre suspect
Andrea Bottorff on February 1, 2011 2:49 PM ET

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[JURIST] French authorities announced Tuesday the identity of a Serbian man arrested a day earlier and suspected of participating in the 1995 Srebrenica massacre [JURIST news archive] in Bosnia, where a total of 8,000 Bosnian Muslims were killed. Milorad Momic, who has allegedly been living under a false name in France, is a suspected former member of the Serbian paramilitary group, the Scorpions [JURIST news archive], which took part in the massacre. French police officers arrested Momic on Monday under an international arrest warrant [AFP report], and he may be extradited to Serbia to face trial for crimes against humanity. Prosecutors believe that Momic is part of a Scorpion group that videotaped the murder [JURIST report] of Bosnian Muslims near Srebrenica. The graphic 1995 video [JURIST video; WARNING: this video may be disturbing to some viewers] first surfaced in 2005 during the trial of Slobodan Milosevic [JURIST news archive] by the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. A French judge will decide Thursday whether to extradite [Bloomberg report] Momic to Serbia.

Serbia has undertaken an ongoing effort to apprehend those responsible for the atrocities that occurred in the region during the 1992-95 Bosnian civil war [JURIST news archive]. Suspected Bosnia and Herzegovina (BiH) war criminal Dragan Crnogorac was arrested [JURIST report] in November in connection with the Srebrenica massacre. In August, the Court of Bosnia and Herzegovina [official website] issued genocide charges [JURIST report] against four former Bosnian Serb soldiers, accusing them of participating in the murder of more than 800 Bosnian Muslims during the massacre. In April, the court convicted [JURIST report] two men of genocide, Radomir Vukovic and Zoran Tomic, for their roles in the massacre and sentenced each to 31 years imprisonment. The BiH war crimes court was set up in 2005 to relieve the caseload of the ICTY and is authorized to try lower-level war crime suspects.




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UN rights chief offers Haiti assistance with Duvalier prosecution
John Paul Putney on February 1, 2011 2:38 PM ET

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[JURIST] The UN High Commissioner for Human Rights, Navi Pillay [official website], offered technical assistance [press release] on Tuesday to Haitian authorities in the prosecution of former Haitian president Jean-Claude Duvalier [BBC profile; JURIST news archive] for serious human rights violations. Pillay urged prosecutors to move forward, indicating that violations like torture, extrajudicial killings and rape are not subject to a statute of limitations [UN News Centre report]. The charges stem from alleged abuses that occurred from 1971 to 1986 when Duvalier was in power in Haiti. Pillay called on Haiti to provide justice to the thousands who suffered [Reuters report] well-documented violations.

Last month, Amnesty International (AI) [advocacy website] announced [press release] that Haitian authorities will investigate crimes committed against humanity [JURIST report] allegedly committed under the rule of Duvalier. The announcement followed the filing of criminal complaints [JURIST report] against Duvalier by four people, including former UN spokesperson Michele Montas. Duvalier was charged [JURIST report] with corruption, theft, misappropriation of funds and other unnamed crimes days after he returned to Haiti unexpectedly on January 16 after 25 years in exile. An anonymous Haitian government official, however, told Reuters that they had not yet decided to prosecute [Reuters report].




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Federal judge dismisses challenge to Idaho forest management plan
Zach Zagger on February 1, 2011 11:44 AM ET

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[JURIST] A judge for the US District Court for the District Court for Idaho [official website] dismissed a lawsuit Friday brought by environmentalists challenging Idaho's state-created "roadless rule" [JURIST news archive] to protect its forests. Judge B Lynn Winmill's ruling upholds Idaho's plan [AP report] to manage its 9 million acres of forests across the state. The National Forest Service (NFS) [official website] issued the Roadless Area Conservation Rule [text] in 2001, which prohibited the building of roads or the use of roadless lands in National Parks for timber production. It is currently in force in all states except Idaho and Alaska's Tongass National Forest [official website]. Idaho created its own roadless rule that the Wilderness Society, Greater Yellowstone Coalition (GYC), and the Sierra Club [advocacy websites] were challenging. The groups argue [GYC backgrounder] that Idaho's version of the rule gives less protection to about 5.3 million acres of roadless forests than the 2001 federal rule with some areas removed from all protections. Idaho's rule was backed by federal land and wildlife managers. The ruling is being hailed [press release] by US Senator James Risch (R-ID) and Governor CL Otter (R) [official websites] who say it is an example of state's ability to create their own environmental regulations.

Last February, a federal judge for the US District Court for the District of Columbia granted summary judgment [JURIST report] for the NFS, upholding an agreement limiting the amount of timber that can be harvested in Alaska's Tongass National Forest. Several Alaska towns and companies challenged the 2008 forest plan, which, among other things, designated parts of the forest "old growth reserves," limiting the amount of timber that could be harvested. In 2009, the US Court of Appeals for the Ninth Circuit upheld [JURIST report] a ruling reinstating the 2001 Roadless Rule. The Clinton administration measure was effectively overturned in 2005 by the State Petitions Rule [text], enacted by the US Department of Agriculture [official website] under then-president George W Bush. The State Petitions Rule allowed governors to petition for Roadless Rule protections, depending on their individual state needs, in lieu of blanket protection.




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Italy court convicts former Guantanamo detainee
Matt Glenn on February 1, 2011 10:27 AM ET

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[JURIST] An Italian court on Monday convicted former Guantanamo Bay [JURIST news archive] detainee Mohamed Ben Riadh Nasri [NYT materials] on terror charges and sentenced the Tunisian man to six years in prison. Prosecutors accused Nasri of working for a terror group [AP report] associated with al Qaeda while living in Milan in the 1990s. The US transferred Nasri [JURIST report], who was arrested in Afghanistan, from Guantanamo Bay to Italy in 2009 along with Abdel Ben Mabrouk [NYT materials] as the part of the government's plan to shut down the detention center. Nasri's lawyer said he plans to appeal the conviction.

The continued operation of Guantanamo Bay remains controversial. Last month, Human Rights Watch (HRW) [advocacy website] criticized US President Barack Obama [JURIST report] for failing to shut down the facility. Obama's stated desire to close Guantanamo has faced heavy opposition in Congress. In early January, Obama signed a bill barring the transfer of Guantanamo detainees [JURIST report] to the US for trial. The legislation authorized funding for defense interests abroad, military construction and national security-related energy programs and barred the use of funds to transfer detainees into the US and limited funds available for transfers to foreign countries. The administration plans to seek the repeal of these restrictions and opposes the extension or expansion of them in the future. The number of detainees at Guantanamo has been significantly reduced as the administration continues to transfer detainees to a growing list of countries including Germany, Italy, Spain, Maldives, Georgia, Albania, Latvia, Switzerland, Slovakia, Somaliland, Palau, Belgium, Afghanistan and Bermuda [JURIST reports]. There are currently 178 detainees awaiting transfer from Guantanamo.




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Pakistan court orders US government worker held
Matt Glenn on February 1, 2011 9:24 AM ET

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[JURIST] A judge for the Lahore High Court [official website] on Tuesday ordered that US consulate worker Raymond Davis be held for the murder of two men in Pakistan last week, ignoring US protests [press release; JURIST report] that Davis enjoys diplomatic immunity. Chief Justice Ijaz Ihmad Chaudhry [official profile] also ordered Davis's name to be placed on an exit control list [Times of India report], which would prevent Davis from leaving the country. Davis and embassy officials claim that Davis shot and killed the two men in self defense [AFP report], saying the men attempted to hijack the vehicle Davis was in. The US claims that Davis is a member of the technical staff of the US Embassy in Pakistan [official website] and thus immune from Pakistan's criminal jurisdiction under Articles 31 and 37 of the Vienna Convention on Diplomatic Relations [text, PDF]. Pakistani officials say that Davis was not authorized to carry a weapon. Chaudrhy adjourned the case for 15 days so that the provincial and national governments can determine whether Davis qualifies for diplomatic immunity.

This dispute strains what are already shaky diplomatic relations [AP report] between the US and Pakistan. Those relations have been strained by a variety of factors, including deaths related to airstrikes within Pakistan [WP report]. Pakistan filed a complaint with NATO [JURIST report] in October as a result of those airstrikes. Despite the fractured relationship, Pakistan remains one of the key US allies in the Middle East. In September of last year, Pakistani authorities arrested three individuals [JURIST report] linked with Faisal Shahzad [JURIST news archive], the man accused of attempting to detonate a bomb in Times Square.




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Illinois governor signs civil union bill into law
Aman Kakar on February 1, 2011 9:13 AM ET

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[JURIST] Illinois Governor Pat Quinn (D) [official website] signed a bill [SB 1716 materials] on Monday legalizing same-sex civil unions [JURIST news archive] in the state. The "Illinois Religious Freedom and Civil Union Act," seeks to provide "adequate procedures for the certification and registration of a civil union" as well as to provide "persons entering into a civil union with the obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses." Additionally, it would allow religious institutions within the state to choose whether to observe or officiate the union. Opponents fear that this bill will move Illinois closer to legalizing same-sex marriage [JURIST news archive] and will threaten the sanctity of marriage. The new law will take effect on June 1.

Illinois is the seventh US jurisdiction to legalize same-sex civil unions. The Illinois legislature approved the bill [JURIST report] and sent it to the governor in December. In September, 13 state attorneys general joined in an amicus curiae brief [JURIST report] urging the US Court of Appeals for the Ninth Circuit to overturn a federal district court decision [JURIST report] striking down California's ban on same-sex marriage. The brief argued that the district court exceeded its authority because a federal court cannot "reorder this foundational legal and social institution." In July, Hawaii Governor Linda Lingle (R) [official website] vetoed a bill [JURIST report] that would have allowed same-sex civil unions. In contrast, several jurisdictions in the US have legalized same-sex marriage. In March, DC became the sixth US jurisdiction to allow same-sex marriages, joining Vermont, New Hampshire, Iowa, Connecticut and Massachusetts [JURIST reports].




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Accused Nazi dies before US citizenship trial
Aman Kakar on February 1, 2011 8:04 AM ET

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[JURIST] Accused Nazi war criminal and US citizen Peter Egner [JURIST news archive] passed away last week at a retirement community in Bellevue, Washington. A US trial to revoke Egner's citizenship was scheduled to begin on February 22 [Reuters report] in the US District Court for the Western District of Washington [official website]. Documents filed in the court showed that a pretrial conference and a telephone conference scheduled last week were canceled. Egner was accused of being a part of Einsatzgruppen [USSHM backgrounder], a German military unit blamed for the deaths of more than 17,000 Serbian Jews and other minorities during Germany's occupation of Serbia in World War II. Egner admitted to US federal officials in 2007 that he had been a member of the squad, which is alleged to have rounded up women and children in specially modified vans to gas them with carbon monoxide.

In November, the Serbian government filed documents [JURIST report] seeking Egner's extradition from the US to Serbia so he could stand trial on war crimes charges. Serbia's Office the War Crimes Prosecutor [official website] announced in 2009 that it would ask the US [JURIST report] for Egner's extradition. In July 2008, Serbian prosecutors confirmed [JURIST report] that they were gathering evidence for a case against Egner. Earlier that same week, the DOJ filed a complaint [text, PDF] in the US District Court for the Western District of Washington seeking to revoke Egner's US citizenship. Egner became a US citizen in 1966 but failed to disclose his Nazi service on his citizenship application. The DOJ argued that he was ineligible for citizenship both because of his service and because he concealed that information on his application.




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