• Disclosure of Fracking Chemicals: The Administration is calling on industry to be more transparent about the use of fracking chemicals.
• Leading by Example: In April, DOI will hold a series of regional public meetings to discuss the potential for expanding shale gas production on Federal lands. These events will provide a forum to develop a framework for responsible production on public lands.
• Research: The Federal government will conduct research to examine the impacts of fracking on water resources. At Congress' direction, EPA will continue with its study of fracturing impacts on drinking water and surface water, and DOE will likewise sponsor research on these issues.

The recent growth in hydraulic fracturing technology for the extraction of natural gas from shale formations has been a controversial issue in the US. In June the New Jersey Legislature [official website] completely banned hydraulic fracturing [JURIST report], although it was largely just a symbolic gesture since New Jersey sits over a very small portion of shale gas. Earlier that month, the New York attorney general filed a complaint against the EPA for failing to study the impact of fracking [JURIST report]. Fracking has also been controversial internationally. In May, France's lower house, the National Assembly [official website, in French], approved a bill [TA Bill No. 658, materials, in French; JURIST report] to prohibit the drilling of gas and oil through hydraulic fracturing and to repeal hydraulic fracturing licenses granted to companies.

The main aim of the [CAT] was to eradicate safe havens for persons who commit, order, or participate in acts of torture worldwide. States parties to the Convention, including Canada, have a legal obligation to arrest all persons suspected of torture with the aim of bringing them to justice. There is plenty of evidence that President Bush authorized enhanced interrogation methods against suspected terrorists, some of which clearly amount to torture, such as waterboarding.

Calls for the investigation or arrest of former president Bush have largely been rejected. In February, the CCR and the European Center for Human Rights (ECCHR) [advocacy websites] urged the signatory states of the CAT to pursue criminal charges against the former president [JURIST report]. The call came as the rights groups announced that two criminal complaints [text, PDF] were to be filed in Switzerland against Bush before he canceled his trip to the country. Calls to investigate the criminal culpability of Bush and officials in his administration have been consistently rejected by US officials [JURIST report]. In November, the American Civil Liberties Union (ACLU) [advocacy website] urged US Attorney General Eric Holder to investigate Bush for violation of the federal statute prohibiting torture [18 USC § 2340A]. Also citing his memoir, the ACLU argued that the use of waterboarding has historically been prosecuted as a crime in the US. The letter also argued that failure to investigate Bush would harm the US's ability to advocate for human rights in other countries. Bush's secretary of defense Donald Rumsfeld [JURIST news archive] has also faced possible criminal charges in Europe, when, in 2007, a war crimes complaint was filed against him [JURIST report] in Germany for his involvement in detainee treatment. The case was later dismissed [JURIST report].

The Wisconsin Constitution does not authorize the Legislature to exclude an elector from the right of suffrage for any reason other than those set out in Article II, Section 2, or to impose additional qualifications on the right to vote that are not expressly set out by Article II, Sec. 1.

There are now 30 US states that require voters to present some form of ID at the polls, including 14 states that require photo ID, but the issue remains controversial. In August, South Carolina's Senate Minority Caucus filed an objection [JURIST report] with the US Department of Justice (DOJ) [official website], asking for the rejection of the state's new voter identification law. The caucus argued that the law, which requires South Carolina residents to present a current government-issued ID, is too restrictive and may disenfranchise African Americans and elderly voters. The objection followed earlier attempts by several South Carolina civil rights groups [JURIST report] to prevent the law from being implemented. In October 2010, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration. The court held that the law, Proposition 200, was inconsistent with the National Voter Registration Act of 1993 (NVRA), which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states.

Libyan Prime Minister Mahmoud Jibril [official profile] confirmed at a press conference Thursday that Libyan opposition forces on captured and killed former leader Gaddafi. The cause of death is unknown, but eyewitnesses claim that he died from gunshot wounds. Also on Thursday, Libyan Information Minister Mahmoud Shammam confirmed the death of Gaddafi's son, Mutassim Gaddafi. Officials have also announced the arrests of Gaddafi's son, Saif al-Islam Gaddafi and former Gaddafi spokesman Moussa Ibrahim, although later reports indicated that Saif al-Islam remains at large. Libyan civilians and National Transitional Council (NTC) [official website] officials celebrated the news of Gaddafi's death, and several world leaders expressed relief and support for Libya. UN Secretary-General Ban Ki-Moon [official profile] said the day marked "an historic transition" for the country and urged Libyans to stop fighting and promote peace. Gaddafi's death marks the latest milestone in the Libya conflict [JURIST feature], which began in February [JURIST report] as part of a wider protest movement that had spread throughout the Middle East and North Africa. The UN Human Rights Council (UNHRC) [official website] published a 92-page report saying that Libyan authorities committed crimes against humanity [JURIST report] under Gaddafi's direct orders during the conflict.

While there may conceivably be some political benefit in suing the President and the Secretary of Defense, in light of shrinking judicial budgets, scarce judicial resources, and a heavy caseload, the Court finds it frustrating to expend time and effort adjudicating the relitigation of settled questions of law. The Court does not mean to imply that the judiciary should be anything but open and accommodating to all members of society, but is simply expressing its dismay that the plaintiffs are seemingly using the limited resources of this Court to achieve what appear to be purely political ends, when it should be clear to them that this Court is powerless to depart from clearly established precedent of the Supreme Court and the District of Columbia Circuit.

The court's ruling came as Obama was announcing the death of former Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive]. Gaddafi was captured and killed [JURIST report] on Thursday after military forces loyal to the newly formed government, the National Transitional Council (NTC) [website], took control of Sirte [Al Jazeera report]. Gaddafi's death marks the latest milestone in the Libya conflict [JURIST feature], which began in February [JURIST report] as part of a wider protest movement that had spread throughout the Middle East and North Africa. Gaddafi and his supporters have been on the run since August, when rebel forces supported by the NTC captured the capital city of Tripoli. Earlier in the summer, the International Criminal Court (ICC) [official website] had issued an arrest warrant [JURIST report] for Gaddafi for crimes against humanity, although some commentators suggested that Gaddafi should face trial in Libya [JURIST op-ed]. The UN Human Rights Council (UNHRC) [official website] published a 92-page report saying that Libyan authorities committed crimes against humanity [JURIST report] under Gaddafi's direct orders during the conflict, including acts constituting murder, imprisonment, and other severe deprivations of physical liberties, torture, forced disappearances, and rape "as part of a widespread or systematic attack against a civilian population with knowledge of the attack." Gaddafi ruled Libya as a dictator for 42 years after taking power in a coup, and was known for his eccentricity and for the tight control he kept over the country.

The US court system is also being utilized to expand the scope of gay parental rights. Last week, the US Supreme Court [official website] declined to review [JURIST report] a case involving a same-sex couple who want both their names on the birth certificate of an adopted child. Though adopted in New York, the child was born in Louisiana, where the couple was refused their request. The couple appealed, and, in April, the US Court of Appeals for the Fifth Circuit [official website] ruled en banc against the parents [JURIST report], finding that "adoption is not a fundamental right," and that "Louisiana has a legitimate interest in encouraging a stable and nurturing environment for the education and socialization of its adopted children." In May 2010, the New York Court of Appeals [official website] issued two rulings [JURIST report] expanding the rights of non-biological gay and lesbian parents. In one case the court determined that a lesbian can assert parental rights over the biological child of her partner, reversing a lower court decision [JURIST report]. In the second case, the court ruled that a lesbian could seek child support from her former partner.

Since 2007, the number of Palestinian children arrested and prosecuted has risen each year, and there is abundant evidence of child abuse associated with interrogations and arrests of children. Arrest procedures documented include arrests in the middle of the night, removal of child from parents for questioning, abusive treatment in detention, and conviction procedures that appear to preclude findings of not guilty.

Israel has faced ongoing criticism from the UN and international human rights groups for its action in the Palestinian territories, which have been under Israeli military control since 1967. Last month, Turkey's Minister of Foreign Affairs Ahmet Davutoglu said that Turkey will sue Israel [JURIST report] in the International Court of Justice (ICJ) [official website] over the legality of Israel's Gaza Strip blockade. Also last month, the UN criticized Israel for using excessive force [JURIST report] during a May 2010 flotilla incident [JURIST news archive], in which Israeli forces raided several Turkish ships bound for the blockaded Gaza Strip. In June, UN High Commissioner for Human Rights Navi Pillay condemned the killings of between 30 and 40 protesters [Reuters report] which had been killed by Israeli security forces along the ceasefire line between occupied borders. Nearly 20 civilian protesters were reportedly killed during a protest on June 5 marking the anniversary of the 1967 Middle East war [NPR backgrounder]. In January, a UN official alleged [JURIST report] that Israeli authorities had committed several illegal acts in the Palestinian territories since the start of the year, making the prospect of a viable Palestinian state unlikely.

The Legal Counsel strongly urged the Royal Government of Cambodia to refrain from statements opposing the progress of Cases 003 and 004 and to refrain from interfering in any way whatsoever with the judicial process. She emphasized the obligation of the Royal Government of Cambodia to cooperate fully with the ECCC.

Earlier this week, the UN-backed ECCC announced that the trial of the surviving Khmer Rouge leaders will begin [JURIST report] on Monday, November 21. Last week, rights groups urged the UN [JURIST report] to assure that Cambodia will not interfere with the tribunal's work. In September, the ECCC ordered the trials of four alleged Khmer Rouge leaders be split into a series of smaller trials [JURIST report]. The ECCC said that the separation of trials will allow the tribunal to deliberate more quickly in the case against the four elderly defendants.