Our purpose is to ensure that the mission is carried out by the best qualified and the most capable servicemembers, regardless of gender and regardless of creed and beliefs. If members of our military can meet the qualifications for a job ... then they should have the right to serve, regardless of creed or color or gender or sexual orientation.

The role of women in combat missions has been a serious issue for the DOD. In November four female service members filed suit [JURIST report] against the US Army and the DOD to end the policy which barred women from combat units and related posts, alleging the policy had limited the potential of women's careers and was a violation of the Fifth Amendment's Equal Protection Clause. In January 2011 a US military panel, the Military Leadership Diversity Commission, recommended [JURIST report] that women be allowed to serve on the front lines of combat. Their report said that integration of women into combat forces would have no ill effects and recommended a "time-phased" approach to the implementation of new combat policies that would create additional career options for women that include "direct ground combat." These recent suits to allow women into combat roles come on the heels of another civil rights push in military policy-last year's repeal of the controversial "Don't Ask Don't Tell" policy (DADT) [10 USC § 654; JURIST news archive]. Last year Australia became the fourth nation [JURIST report] to permit women to serve in combat roles.

Headley's sentence is the latest development in the attempt to bring those responsible for the Mumbai attack to justice. In November India executed the sole surviving gunman from the 2008 Mumbai attacks, Mohammad Ajmal Kasab [WSJ backgrounder; JURIST news archive]. On the day before Kasab's execution the Indian Supreme Court criticized the application of the "rarest of rare" standard [judgement, PDF], which provides that the death penalty should be imposed only when the offense is "of an exceptionally depraved and heinous character and constitutes, on account of its design and and the manner of its execution, a source of grave danger to the society at large." Nonetheless, the Indian Supreme Court upheld Kasab's sentence [JURIST report]. In 2009, Pakistan charged [JURIST report] seven men accused of plotting the attack under Pakistan's Anti-Terrorism Act [text].

The exponential rise in the use of drone technology in a variety of military and non-military contexts represents a real challenge to the framework of established international law and it is both right as a matter of principle, and inevitable as a matter of political reality, that the international community should now be focussing attention on the standards applicable to this technological development, particularly its deployment in counterterrorism and counter-insurgency initiatives, and attempt to reach a consensus on the legality of its use, and the standards and safeguards which should apply to it.

The use of drone strikes by the US has come under scrutiny in recent months. Earlier this month Pakistan's Foreign Affairs Minister Hina Rabbani Khar condemned US drone attacks [JURIST report] as a violation of Pakistan's sovereignty and international law. Last month the Department of Justice filed a motion to dismiss [JURIST report] a lawsuit challenging the US government's targeted killing of three US citizens in drone strikes. In July Pakistan's Ambassador to the US called upon the US to end the practice [JURIST report] of using drone strikes in targeted killings. That same month US lawmakers expressed concern [JURIST report] over the use of drone strikes. JURIST Guest Columnist Samar Warsi of the Muslim Civil Liberties Union recently argued that Obama administration's drone policy sets a dangerous precedent [JURIST comment] and undermines national security.

Reporting, preventing, and investigating sexual assault and similar crimes is an issue of international significance. Earlier this month UN Secretary-General Ban Ki-moon [official profile] called on India's government [JURIST report] to "strengthen critical services for rape victims," expressing sympathy for the family of the 23-year-old medical student who died from injuries sustained in a gang-rape last month. In October the US Department of Justice (DOJ) [official website] announced that overall violent crime, which includes rape and sexual assault, has increased by 17 percent [JURIST report] since 1993. In July a human rights group released a report documenting 81 instances of sexual assault and rape in Syria [JURIST report] since anti-government demonstrations began in March 2011. A month prior, HRW reported that Syrian forces are sexually abusing [JURIST report] men, women, and children who have been detained during the ongoing conflict. In April two former cadets from the US Military Academy and the US Naval Academy [official websites] brought a suit in New York alleging that the service academies failed to prevent rapes [JURIST report].

There has also been no thoroughgoing change, or even cosmetic improvement, in the police apparatus, whether related to its administrative structure, decision-making, oversight of police work or the reform and removal of leaders and personnel responsible for torture and killing. There has also been no notable change to rules regulating the use of force and firearms, and no amendments to the statutory framework governing police work. The Interior Ministry, backed by the cabinet at times, continues to defend criminal police personnel by denying the facts, justifying abuses or turning a blind eye as policemen facing criminal charges pressure their victims to change their statements to undermine the case.

The new Egyptian government has faced heavy criticism from rights groups, particularly in relation to provisions of the newly adopted constitution [text, in English]. Earlier this month, Amnesty International called for Egypt to release an Egyptian journalist [JURIST report] facing a military trial under a new provision of the constitution that permits the government to try some civilians in military court. Following the adoption of the constitution in December, a coalition of Egyptian rights group called for a re-vote, alleging widespread irregularities [JURIST report] in voting procedures. Supporters of the document from the Muslim Brotherhood, however, claimed its approval was the valid choice of the people. It was signed into law [JURIST report] by Morsi weeks after its approval. Earlier in December, a UN committee expressed grave concern [JURIST report] about a draft of the constitution, noting that no women were involved in drafting the document and that their rights were "grossly under-represented." In November AI also voiced concern [JURIST report] that the approved constitution contains language that "ignores the rights of women, restricts freedom of expression in the name of protecting religion, and allows for the military trial of civilians."

Anti-Semitism [JURIST news archive] has not recently received much international attention, though it has long been an issue of global concern. In 2010 Canada released a report [JURIST report] indicating that anti-Semitism in the country had risen 11.4 percent since 2008. The report, released by B'nai Brith Canada [advocacy website], also found that anti-Semitic incidents increased globally in 2009, linking them to a rise in Middle East strike. In March 2009 the EU Agency for Fundamental Rights (FRA) [official website] found that there was a rise in European anti-Semitism incidents [JURIST report] since December of that year. In November 2008, the German parliament passed a resolution [JURIST report] requiring the government to track reports of anti-Semitism in the country and fund education to combat the problem. In July 2008 the Council of Europe [offical website] released a report [JURIST report] emphasizing the need for European countries to examine their human rights records.

I was appalled to hear about the existence of a blacklist of union members in the construction industry, with no sanctions allegedly taken against those who benefitted from the list. It is crucial that strong actions be taken against the making and using of such lists as a deterrence.

The visit came seven months after a report on the state of the freedom of assembly in the international community was released [JURIST report] by the UN. Last March Switzerland was criticized [JURIST report] for a proposal to change the existing law imposing heavy fines of 100,000 Swiss Francs ($110,000) for people who protest without prior governmental authorization. In December 2011 a UN panel of independent human rights experts urged [JURIST report] Malaysia not to adopt a proposed bill that forbids the country's citizens under the age of 21 and non-citizens from assembling, enacting conditional access for media to public gatherings and outlawing street protests altogether. A month earlier Independent International Commission of Inquiry on Syria reported [JURIST report] that Syria committed several human rights violations including the right to peaceful assembly.

The Philippines has struggled in terms of addressing human rights issues from the Marcos regime to as recently as the 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive] and the resulting political controversies. Earlier this month a 150-day ban on guns [JURIST report] was instituted to prevent election violence. In December the Philippine Congress officially criminalized [JURIST report] enforced disappearances, which were commonly used during the Marcos era. In November Amnesty International [advocacy website] called on the Philippines to do more to protect witnesses [JURIST report] in the Maguindanao Massacre trial. Also in November the Philippines Supreme Court denied the media[JURIST report] the right to broadcast that trial.

Tuesday's announcement takes place nearly a year after 16-year-old Amina al-Filali committed suicide [AFP report] after she was forced to marry her alleged rapist. Soon after, Protesters in Morocco rallied to call for the reform [JURIST report] of Article 475. In July 2011 Moroccan voters overwhelmingly approved a revised version of the constitution [JURIST report], highlighted by fewer powers reserved for their king. The constitutional revisions were a product of a reform process announced [JURIST report] last April following peaceful demonstrations [JURIST reports] demanding democratic reforms as part of the wider protests in the Middle East and North Africa [BBC backgrounder; JURIST news archive].

Only two weeks ago, Judge Scheindlin declared the NYPD's "stop-and-frisk" policy unconstitutional [JURIST report] on grounds that it violates the protection against unreasonable search and seizures of the Fourth Amendment [text; Cornell LII backgrounder]. There, she reasoned that officers were not first meeting their requirement of developing a reasonable suspicion to stop and frisk supposed trespassers. Scheindlin's original decision was the first federal ruling to find that the "stop-and-frisk" practice is unconstitutional, though the NYPD has recently received a great deal of scrutiny for various allegations of misconduct. In July a report issued by a coalition of legal rights organizations said that the NYPD used excessive force and violated the rights of protesters [JURIST report] who participated in the Occupy Wall Street movement in New York City. A month prior, a Muslim rights group filed a lawsuit [JURIST report] in New Jersey seeking to end the department's controversial surveillance program, which allegedly targets individuals based on religious affiliation. In May, following an investigation into the NYPD's surveillance program, New Jersey Attorney General Jeffrey Chiesa concluded that it did not violate the Constitution. In March, NYPD commissioner Raymond Kelly fervently denied [speech; press release] that the surveillance programs were unconstitutional.

Honduras has been attempting to resolve conflicts between the branches of government for some time. Last December Honduran lawmakers passed a police corruption law [JURIST report]. Also in December the Honduran congress voted [JURIST report] to remove Supreme Court justices. The Honduran Truth and Reconciliation Commission declared last June that the coup was unconstitutional [JURIST report] but stated that former Zelaya was culpable when he ignored orders of the Supreme Court. Zelaya signed an agreement [JURIST report] in May 2011 allowing his return to the country after nearly two years in exile. Earlier that month a Honduran court dismissed the two remaining conspiracy charges [JURIST report] against Zelaya, clearing the way for his return to the country.