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Legal news from Sunday, July 8, 2012




Wisconsin high court refuses to reopen collective bargaining challenge
Jaimie Cremeans on July 8, 2012 2:55 PM ET

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[JURIST] The Wisconsin Supreme Court [official website] voted 3-3 [opinion, PDF] on Thursday not to reopen a case challenging the state's collective bargaining law because of a justice's refusal to recuse himself. The court ruled [opinion, JURIST report] in a 4-3 decision last month that the Budget Repair Bill [text, PDF] was not passed in violation of the "open meetings" rule [text], but plaintiffs asked that the case be re-opened because Justice Michael Gableman should have recused himself after failing to disclose that he had received free legal advice from a law firm defending the law. Four votes were required to re-open the case, and only three justices voted in support of re-opening it. In their opinion, the three justices who declined to reopen the case wrote:
We determine that Justice Gableman made the required subjective determination that he could be impartial in the case and that it would appear that he could act in an impartial manner. The supreme court does not go beyond review of a justice's subjective determination that he or she may participate in a case under Wis. Stat. § 757.19(2)(g) [text].
Chief Justice Shirley Abrahamson wrote a dissenting opinion joined by two other justices.

The Supreme Court's upholding of the Budget Repair Bill overruled a Dane County Circuit Court's [official website] decision [opinion, PDF; JURIST report] last year that struck down the law for violations of the open meetings rule. The law had previously been temporarily blocked [JURIST report] from publication and implementation by the same judge. The bill, which limits collective bargaining rights of state employees and requires them to contribute a percentage of their salaries to their health care and pensions, was signed into law [JURIST report] in March of last year




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Iraq court postpones trial of VP
Jaimie Cremeans on July 8, 2012 1:47 PM ET

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[JURIST] Baghdad's Criminal Court has postponed [AP report] the trial of Iraq's fugitive Sunni vice president Tariq al-Hashimi until a federal court rules in a pending case on whether the president and other lawmakers can be questioned by the defense as witnesses, according to a lawyer for al-Hashimi. The trial began [Reuters report] in May without the presence of al-Hasimi. He is being charged with inciting violence in the country, including allegedly organizing death squads.

Al-Hashimi is currently residing in Turkey, after having refused [JURIST report] in December to return to Iraq to stand trial because he believed the court would be biased against him. He also denied all charges [Al Jazeera video] against him, claiming they are politically motivated. Violence arose in December when protesters hit the streets [Al Arabiya report] in support of al-Hasimi just days after US troops left the country to signal the end of the nine-year Iraq War [JURIST feature].




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France president announces plans for new genocide law
Jennie Ryan on July 8, 2012 11:28 AM ET

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[JURIST] French President Francois Hollande [official website, in French] announced on Saturday that he plans a new law that would make it a crime to deny the killing of Armenians by the Ottoman Empire in 1915 was a genocide. The Coordinating Council of Armenian Organisations of France (CCAF) [advocacy website], an advocacy group whose mission is to fight denial of the Armenian genocide, supports Hollande's effort and will meet with the French president before the end of the month to discuss the drafting of the new law. Hollande's office said "The president expressed his commitments during the campaign. He will keep them. We must find a path, a road that allows for a text that is consistent with the constitution."

A similar law was rejected by a French court early this year. The Constitutional Council of the French Republic [official website, in French] ruled [JURIST report] in February that a French law [materials, in French] making it a crime to deny that Armenians suffered a genocide by the Ottoman Empire in 1915 is unconstitutional. Despite one Senate committee's rejection, France's genocide denial ban was passed [JURIST reports] by both the Senate and the National Assembly [official websites, in French] in mid-January. However, the law was contested [JURIST report] only a week later when opposition members of both houses of parliament gathered the necessary signatures to warrant the law's review by the Constitutional Council. Although former president Nicolas Sarkozy previously insisted that the law did not specifically target Turkey, the Turkish government repeatedly warned that and affirmation of the law would result in Turkey imposing sanctions on France [AFP report].




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West African leaders urge ICC to investigate Mali war crimes
Jennie Ryan on July 8, 2012 10:34 AM ET

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[JURIST] The leaders of six West African nations urged the International Criminal Court (ICC) [official website; JURIST backgrounder] to investigate war crimes in Mali [JURIST news archive] at a crisis summit on Saturday. Malian soldiers took control of the government [JURIST report] and suspended the constitution in March, and the fighting has since uprooted nearly 320,000 people. The leaders are asking the ICC "to proceed with necessary investigations to identify those responsible for war crimes and to take the necessary action against them." At the summit, the leaders also called for an end to the fighting [AFP report] before the beginning of the month of Ramadan on July 20. The leaders of Mali were not present at the summit, and representatives of the country who were there walked out.

Many in the international community have expressed concern over the situation in Mali. Early this month, the UN Security Council [official website] passed Resolution 2056 to address the continued hostilities [JURIST report] in the country and demand the violence come to an end. Earlier this week ICC Chief Prosecutor Fatou Bensouda [official profile] told reporters that attacks by Islamist rebels on religious monuments [JURIST report] in Mali will not be tolerated. In May Amnesty International [advocacy website] released a report saying that Mali is facing its worst human rights crisis [JURIST report] since it gained independence in 1960. Human Rights Watch [advocacy website] released a similar report in April claiming that all sides to the conflict are committing war crimes [JURIST report]. Earlier in April the ICC said they would monitor the situation [JURIST report] in Mali for potential crimes under the ICC's jurisdiction. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report].




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