Syria has been plagued with violence over the past year and a half, and human rights groups have blamed both the government and anti-government groups for the resulting deaths. This week UN Joint Special Envoy Kofi Annan on Monday said that he had reached an agreement with Syrian President Bashar al-Assad [BBC News backgrounder] to end the violent conflict in the country. Annan, who met with Al-Assad on Monday, said the president was committed to ending violence in Syria [UN News Centre report] and that he would continue to work with the UN to achieve peace. Annan said that Al-Assad reaffirmed the Syrian government's commitment to implementing the six-point peace plan [JURIST report] generated at the end of June. Last week Human Rights Watch (HRW) [advocacy website] reported that Syrian authorities have been maintaining secret detention facilities [JURIST report] to hold and torture prisoners.

Fox had a recently won a case against the FCC in Federal Communications Commission v. Fox Television Stations, Inc. [SCOTUSblog backgrounder]. The US Supreme Court [official website] ruled unanimously [JURIST report] that the FCC indecency guidelines were too vague to be properly enforced thereby violating the First and Fifth Amendments [text]. The case arose out of two separate broadcasts including a nudity scene and a celebrity using expletives during live broadcast. The Court had heard oral arguments [JURIST report] in the case in January.

The ongoing conflicts in Iraq and Afghanistan over the last decade and the withdrawal of occupying forces in recent years have drawn public attention to the combat zone roles of PMSCs, typified by infamous firms such as Blackwater [JURIST news archives], now known as Academi [corporate website]. In January Academi reached a confidential settlement agreement with survivors and families of victims in a 2007 shooting incident [JURIST report] in the Nisour Square area of Baghdad that left 17 Iraqi civilians dead. Two ex-Blackwater contractors were convicted of manslaughter and sentenced to two-and-a-half years in prison [JURIST reports] last year for their role in the shooting deaths of two Afghan nationals and the wounding of a third. In April a federal grand jury indicted five former Blackwater executives [JURIST report] on charges of weapons violations and lying to investigators. In 2010 the Iraqi government ordered 250 former Blackwater employees to leave Iraq in reaction to the dismissal of criminal charges [JURIST reports] against the guards involved in the 2007 shooting incident. The same month, the Department of Justice [official website] also opened an investigation [JURIST report] into whether Blackwater bribed the Iraqi government to be permitted to continue operating in Iraq following the 2007 shootings. Blackwater ceased operations in Baghdad [JURIST report] in May 2009 when its security contracts expired and were not renewed.

In May, the US International Trade Commission (ITC) concluded its investigation [JURIST report] into a complaint that a number of Motorola mobile phones infringed on several Microsoft patents. The decision affirmed the ruling of an administrative law judge in December that Microsoft had proven by a preponderance of the evidence that Motorola had in fact violated one of the several patents allegedly infringed. The decision can be appealed in federal court. In March, Microsoft announced that it would file a formal complaint [JURIST report] with the European Commission (EC) detailing alleged anticompetitive practices by Google.

Gbagbo was forced out and captured [JURIST report] last April. In November he was surrendered [JURIST report] to the International Criminal Court (ICC) [official website] by the national authorities of the Ivory Coast and brought to the Netherlands in response to an ICC arrest warrant [text, PDF] charging Gbagbo with four counts including murder, persecution, inhumane acts, and rape and other forms of sexual violence allegedly committed during the post-election violence. Last month the ICC postponed Gbagbo's confirmation of charges hearing after his lawyers asked the court more time to prepare [JURIST reports]. Gbagbo's lawyers complained that they did not have enough resources to build their case in the amount of time given. Gbagbo's original hearing date was set [JURIST report] in December during his pre-trial hearing in the Pre-Trial Chamber III of the ICC.

Malaysia has taken measures to repeal and replace old colonial laws with new ones. In April, the lower chamber of the Malaysian Parliament [official website, in Malay] passed a law [JURIST report] that will replace the Internal Security Act of 1960 (ISA) [text, PDF; HRW backgrounder] that allows indefinite detention of terror suspects, dissidents and political opponents. A day earlier, the prime minister had pledged to review the ISA after the country's parliament announced [JURIST reports] that it was considering repealing and replacing the controversial law. The new act, the Security Offenses Act, requires detainees to be released or brought to court within 28 days in custody thereby significantly limiting the time period terror suspects have to serve in custody. Razak originally announced [JURIST report] that the government would repeal the ISA and the Banishment Act of 1959 [text] in September and initiated [JURIST report] the plan in October.

In February, the STL granted [JURIST report] the prosecution's office permission to proceed with the case against the four accused assassins of Hariri. The four members of the Hezbollah [CFR backgrounder] have been accused of being involved in a February 2005 truck bombing that killed Hariri along with 20 others. The court reasoned that the prosecution and the national authorities have undertaken all reasonable steps to apprehend and inform the accused. Last August, the STL announced [JURIST report] that it would investigate three additional bombings that is believed to be connected to the February 2005 bomb attack. Two days earlier, the UN-backed tribunal unsealed [JURIST report] the indictment [text] against the assassins of Hariri after a pre-trial judge confirmed the indictment and ordered the lift of confidentiality. In June, the STL released [JURIST report] the indictment along with an arrest warrant against the accused to local authorities.

Laws and policies governing the treatment of migrants continue to raise international human rights concerns. Last month, Amnesty International (AI) said the Cyprus government's practice of detaining all illegal migrants seeking asylum in the island nation violates international law [JURIST report]. In January, the Israeli Knesset passed a bill that imposes harsher penalties on illegal migrants [JURIST report] in Israel, as well as on Israelis who help illegal migrants. AI criticized the bill as a violation of human rights. Last March, AI released a report documenting discrimination and human rights violations against Roma migrants [JURIST report] in Slovenia and urging the Slovenian government to protect Roma communities. In September 2010, the Global Migration Group (GMG) adopted a statement urging all governments to respect the human rights of migrants [JURIST report], who are more likely to face various forms of abuse as they lack proper legal status. The GMG stressed that every person, regardless of migration status, should enjoy the fundamental rights to life, liberty and all fundamental human rights.

Section 3 of DOMA, which defines marriage for all federal purposes as "only a legal union between one man and one woman," lacks a rational relationship to any legitimate federal purpose and accordingly is unconstitutional. ... Amici agree with the Department of Justice (DOJ) and the District Court that laws like DOMA that disadvantage lesbians and gay men warrant heightened judicial review, and that DOMA cannot survive such review. ... [Regardless,] the Fifth Amendment's equal protection guarantee [Cornell LII backgrounder] renders Section 3 invalid under any judicial standard.

Last month 10 US senators filed their own amicus brief in the case, arguing in the opposite [JURIST report] that the federal government had a legitimate interest in creating a uniform federal definition of marriage to "[avoid] massive legal uncertainty." That filing came the week after the House Bipartisan Legal Advisory Group (BLAG) submitted its brief defending DOMA [JURIST report], arguing that laws relating to sexual orientation should be evaluated with a rational basis [Cornell LII backgrounder] test and that the government's denial of federal benefits to lawfully married same-sex couples is a rational means to preserving a single federal definition of marriage and preserving federal funds. The BLAG DOMA defense group of attorneys [JURIST report] was established by House Speaker John Boehner (R-OH) [official website] on a 3-2 BLAG vote in March of last year after the DOJ announced that it would no longer defend the constitutionality of Section 3 on order from President Obama, after he announced he would continue to fight for the repeal of DOMA [JURIST report]. In March of this year the Obama administration petitioned the Ninth Circuit [JURIST report] for an expedited en banc review of the Golinski case.

In the Syrian situation, where each party to the conflict is increasingly accusing the other of human rights violations and using these accusations as justification for further violence, an independent observer force such as UNSMIS is crucial for diffusing tension and countering the dissemination of false information. The potential of UNSMIS's role in this context was seen in the aftermath of the massacre in Al-Houla, when UNSMIS's observations served as a credible source of information for the international community, bypassing contradictory reports and escalating accusations from either party of the conflict.

UN Chief Military Observer in Syria Major-General Robert Mood last week stated that he believed Syrian authorities were committed to implementing the peace agreement [JURIST report] that was reached earlier this month. Mood, who works with the UNSMIS, confirmed that the UN would continue to provide humanitarian support as the violence subsides, even if the UNSMIS mission is not renewed. In June, the UNSMIS concluded [JURIST report] in a report that Syrian forces "may have been responsible" for the killing of more than 100 civilians [JURIST report] in Al-Houla in May. Syrian President Bashar al-Assad, however, said earlier this month that the government had nothing to do with it [JURIST report] and that "not even monsters" would carry out those attacks. In April the UN Security Council approved a resolution [JURIST report] to send 300 unarmed soldiers and other humanitarian aid to supervise the implementation of a peace plan. This came after Human Rights Watch (HRW) released a report [JURIST report] stating that Syrian security forces had killed more than 100 civilians and opposition fighters in recent attacks. In March, HRW also reported on and linked to videos of Syrian forces rounding up civilians [JURIST report], including women and children, and forcing them to walk in front of soldiers and tanks during troop movements and attacks so that opposition fighters would not shoot at them.

Protection of free expression remains a key concern for international human rights advocates. Earlier this month, Human Rights Watch (HRW) urged the government of Sri Lanka to end arrests and office raids of journalists [JURIST report] who publish content critical of the government. In June, two reports were presented to the UN Human Rights Council urging greater protection for the right to life of journalists [JURIST report] and media freedom. The CPJ in February released its annual Attacks on the Press report [JURIST report], expressing concern about increased censorship of journalists worldwide in 2011. The CPJ criticized the growing trend of government censorship, especially Internet censorship. Last May, journalism rights group Reporters without Borders (RSF) released [JURIST report] its annual list of predators of press freedom, which included the heads of state of several countries in the Middle East and North Africa. In April 2011, the US Department of State (DOS) released [JURIST report] its 2010 Country Reports on Human Rights Practices, listing many of the same offenders of free press as the RSF report.

Al Qosi was detained at Guantanamo since he was transferred there from Afghanistan in 2002. In 2010 Andrea Prasow, senior counter-terrorism counsel at Human Rights Watch [advocacy website], used the al Qosi trial to point out flaws in the military commission system [JURIST op-ed], writing that the players constituting the tribunal that tried al Qosi in Guantanamo had created their own "mini-justice system" to replace the broken system they had originally been handed. In December 2009 a military judge ruled that the US government could partially amend the charges [JURIST report] against al Qosi by changing his jurisdictional basis but could not include four additional years of alleged activities under the charges. In October of that year military judges granted continuances [JURIST report] for prosecutors in the case.

The country's judiciary has been in conflict with the executive branch since political leaders have rejected the court's order to investigate into the president's alleged corruption practices. In June a Pakistani court ordered [JURIST report] the arrest of Makhdoom Shahabuddin [BBC profile], a former health minister from Punjab Province and the nominee for the country's then-vacant prime minister position for allegations that he was involved in irregularities in the amount of the controlled drug Ephedrine circulating within the country during his tenure as health minister. The arrest order was issued the same day the president nominated Shahabuddin to fill the position of former prime minister Gilani who was disqualified two days earlier from being a member of Parliament since his April contempt conviction [JURIST reports]. He was convicted of contempt because he refused to open an investigation against the president.

Government abuses and violent conflict in Sudan have raised international concern recently. The UN Under-Secretary-General for Humanitarian Affairs Valerie Amos on Friday expressed concern [JURIST report] about deteriorating conditions in Sudan due to continued violent conflict in the country. Amos noted a recent increase in Sudanese refugees crossing into neighboring countries because of the conflict. In June UN High Commissioner for Human Rights Navi Pillay urged Sudan authorities [JURIST report] to take measures to prevent violence against protesters in upcoming demonstrations. Earlier that month AI urged Sudanese authorities to cease violence against protesters and journalists [JURIST report]. The call came after the country's police in Khartoum used tear gas and batons against civilians who protested over austerity cuts.

Gordon was sentenced in December [JURIST report] after pleading guilty in October. UN Special Rapporteur on freedom of expression Frank La Rue [official website] recently condemned the lese majeste law [JURIST report] shortly after the guilty plea was submitted: "The threat of a long prison sentence and vagueness of what kinds of expression constitute defamation, insult, or threat to the monarchy, encourage self-censorship and stifle important debates on matters of public interest, thus putting in jeopardy the right to freedom of opinion and expression. ... This is exacerbated by the fact that the charges can be brought by private individuals and trials are often closed to the public." In 2009 Amnesty International (AI) [advocacy website] called for a public trial [JURIST report] for a Thai political activist accused of lese majeste. In 2009 a Thai court sentenced an anti-coup protestor to 18 years in prison. Shortly afterward Awzar Thi, a member of the Asian Human Rights Commission in Hong Kong, wrote that in enforcing the law the Thailand judiciary was discrediting itself [JURIST comment] "in its hurry to defend increasingly outdated social arrangements."

Internet Freedom remains a controversial issue around the world. The UN Human Rights Council last week passed its first-ever resolution to protect the free speech [JURIST report] of individuals online. The resolution was approved by all 47 members of the council, including China and Cuba, which have been criticized for limiting Internet freedom. Last month the Chinese Ministry of Information and Technology revealed its proposed changes to Chinese Internet law [JURIST report] that seek to limit the ability of users to post anonymous comments on micro-blogs and forums. A Bangkok criminal court in May sentenced [JURIST report] Chiranuch Premchaiporn, webmaster of independent Internet news site Prachatai, to an eight-month suspended sentence for failing to delete defamatory comments against Thailand's royal family. Earlier that month, a Dutch court ordered [JURIST report] Internet service providers in the Netherlands to block the file-sharing website The Pirate Bay or else pay a fine of USD $12,750 per day.

Several states will include a same-sex marriage question on their ballot in the upcoming election. Minnesota voters will have the opportunity to amend the state constitutionin November , defining marriage as a heterosexual relationship. On Monday, proponents of the ballot initiative petitioned the state Supreme Court to restore the original title of the proposed amendment [JURIST report], arguing that its amended title is misleading. Last month, citizens in Washington obtained enough signatures [JURIST report] to challenge newly passed same-sex marriage legislation. The state's ballot will contain a section asking voters to accept or reject the new legislation. Similarly, a group supporting same-sex marriage in Maine achieved enough signatures [JURIST report] in February to have the question of same-sex marriage appear on its ballot. Earlier that month, New Jersey governor Chris Christie vetoed legislation [JURIST report] that would have legalized same-sex marriage in the state, and called for a state-wide referendum on the issue.

Last week, the Constitutional Court also accused Ponta of overstepping his authority [JURIST report] by attempting to seize control over the judiciary system. The court announced that it has alerted the European authorities [Reuters report] of the situation. Also last week Ponta ignored a decision by the court finding Basescu should be the representative of the country at the European Council [official website] meeting in Brussels. In 2009 the Constitutional Court declared incumbent president Basescu winner of the country's disputed presidential election [JURIST report]. Basescu, who has been president of Romania since 2004, has survived impeachment once before. In 2007 Basescu was reinstated after the high court certified the results of a referendum in which 74 percent of voters rejected Basescu's impeachment [JURIST report].