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Legal news from Friday, March 8, 2013




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Andrew Morgan on March 8, 2013 4:36 PM ET

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Senate panel approves first gun-related legislation
Alison Sacriponte on March 8, 2013 12:30 PM ET

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[JURIST] The US Senate Judiciary Committee [official website] voted 11-7 on Thursday to approve gun-related legislation, establishing potential floor votes on the issue of gun violence for the first time in nearly a decade. The bill [S54, PDF], aimed at stopping illegal firearm trafficking, would make straw purchasing weapons—buying a weapon for someone who is barred from owning one—a federal crime and would increase penalties for offenders. While straw purchases are already illegal, the law is written in a manner that makes it difficult for law enforcement to prosecute offenders. Only one Republican, Senator Chuck Grassley [official website] of Iowa, voted for the bill, while several others on the panel voiced concern over unintended consequences and suggested the bill was done in haste. Although four gun-related measures were supposed to be addressed at the meeting, a recess was announced and the committee will reconvene March 12 to vote on a proposed ban on assault weapons and measures to expand background checks and improve school safety.

Gun control has been the center of attention since the Newtown, Connecticut shooting [WSJ backgrounder] in December. This week Attorney General Eric Holder [official website] spoke before Congress [JURIST report] urging [text] them to pass gun control legislation. Earlier this month, the Maryland Senate approved a bill [JURIST report] that would make it harder to get a gun license. In mid-January, Obama announced his signing of 23 executive orders [JURIST report] intended to strengthen existing gun laws, as well as urging Congress to reinstate the assault weapons ban that expired in 2004. The previous day New York Governor Andrew Cuomo [official website] signed legislation [JURIST report] intended to impose tighter restrictions on gun and ammunition sales, banning any magazine that can hold more than seven rounds and implementing instant background checks on all ammunition purchases at the time of sale.




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ICC postpones trial of Kenya vice presidential candidate
Benjamin Minegar on March 8, 2013 11:54 AM ET

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[JURIST] The International Criminal Court (ICC) [official website] on Friday postponed [decision, PDF] commencement of the trial of Kenyan vice-presidential contender William Ruto [case materials] to ensure trial preparedness. In mid-February, defense counsel for Ruto asserted that the prosecution had failed to disclose a "significant volume" of materials relating to witness testimony despite having the "bulk" of the material in their possession prior to the January 9 deadline. The prosecution countered that it had disclosed materials in accordance with the court's special orders, which allegedly allowed for a "continuous flow" of disclosure during all stages of the proceedings. Both parties however agreed that the original April 10 date was untenable, and sought to extend investigation until mid-summer. The ICC on Friday found that only 70 percent of crucial material had been disclosed by the deadline, and delayed [press release] the trial until May 28 to ensure adequate time for trial preparation. Ruto is accused of being criminally responsible as an indirect co-perpetrator for his role in 2007 post-election clashes [JURIST news archive] that resulted in the death of over 1,200 Kenyans. The ICC also postponed [JURIST report] the trial of Ruto's running mate Uhuru Kenyatta [JURIST news archive] on Thursday for similar reasons. Kenyatta has been charged with crimes against humanity for allegedly bankrolling death squads that slaughtered women and children. However, both candidates have been cleared to run. In the wake of the charges, the Africa Centre for Open Governance [official website] on Friday urged [UPI report] Kenya's high court to stop the counting of votes in the presidential election to ensure that post-election violence will not occur again.

In December Kenyatta and Ruto announced [JURIST report] their plans to run together in the country's presidential race. Some have challenged the pair's campaign by claiming the ICC charges render them unsuitable candidates. In October the ICC called for complete cooperation [JURIST report] from the Kenyan government in the investigation and trial process. In June the ICC expressed its desire to start the two Kenyan trials simultaneously [JURIST report] to avoid any appearance of bias in the presidential election. In May the appeals chamber of the ICC rejected [JURIST report] the jurisdiction challenges in the two cases presented by the defense, clearing the way for trial. The defense lawyers had argued that the court lacks subject matter jurisdiction over the cases. The appeal stemmed from the pre-trial chamber's decision to confirm the charges [JURIST report] against the four men in January. The ICC claimed jurisdiction over the case despite Kenya's calls for dismissal [JURIST report].




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UN rights officials encourage reform on International Women's Day
Addison Morris on March 8, 2013 11:28 AM ET

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[JURIST] Independent experts within the UN Office of the High Commissioner for Human Rights [official website] on Friday urged [press release] governments around the world to take decisive steps to ensure and protect women's rights, and to "turn decades of empty promises into concrete changes." In a statement recognizing International Women's Day, experts praised the progress women and governments have achieved to further women's rights, but cautioned that violence against women remains a serious problem throughout the world. In efforts to ensure the dignity and safety of females around the world, experts encouraged governments to make an effort to implement the recommendations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) [official website] in the CEDAW Convention [text]. The experts' statement noted that discrimination against women remains a problem in all parts of the world:
Women disproportionately bear the brunt of poverty, war, disease, lack of safe water, and famine. Women living in rural areas and women suffering multiple forms of discrimination because of the intersections of their different identities and characteristics, such as race, ethnicity, migration status, social origin, gender identity and others, remain the most marginalized from development and human rights gains...We, therefore, call on Member States to heed the voices of all women and girls demanding with ever stronger insistence and urgency their human rights. This is now urgent for implementing their rights. We are simply the echo of their voices.
The statement was joined by the CEDAW committee as well as a number of independent rights experts and other UN rights officials.

The implementation of women's rights and protection has been an ongoing process around the world. Earlier this month, the UN top women's rights advocate denounced [JURIST report] escalating violence against women in Egypt. In January, UN Secretary-General Ban Ki-moon urged 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 in December. Police in New Delhi charged six men [JURIST report] with rape and murder of the woman. In December the UN released a report declaring that women in Afghanistan [JURIST report] are still suffering abuse at the hands of men. In November the UN urged countries to implement policies that will end violence against women [JURIST report]. Also in November the Third Committee of the UN General Assembly approved a resolution calling for a global ban on female genital mutilation [JURIST report]. At the same time, Human Rights Watch [advocacy website] released a report detailing violence and obstacles women are facing in Colombia [JURIST report], where the legal framework is often not properly applied despite the government's progress in enacting legislation to protect violence against women.




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Bin Laden son-in-law pleads not guilty to charges of al Qaeda involvement
Samuel Franklin on March 8, 2013 10:42 AM ET

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[JURIST] A son-in-law of Osama Bin Laden [WP obituary; JURIST news archive] pleaded not guilty on Friday in the US District Court for the Southern District of New York [official website] to conspiracy to kill US citizens [indictment, PDF]. Sulaiman Abu Ghaith appeared before Judge Lewis Kaplan, briefly answering questions [NYT report] during his 20-minute arraignment. The indictment alleges that Abu Ghaith, who served as a former spokesman for al Qaeda, worked closely with Bin Laden. In a statement [press release] made prior to Abu Ghaith's court appearance on Friday, Attorney General Eric Holder [official profile] stated:
No amount of distance or time will weaken our resolve to bring America's enemies to justice. To violent extremists who threaten the American people and seek to undermine our way of life, this arrest sends an unmistakable message: There is no corner of the world where you can escape from justice because we will do everything in our power to hold you accountable to the fullest extent of the law.
Abu Ghaith's capture [JURIST report] reportedly occurred in Jordan while traveling from Turkey to his native Kuwait.

Many cases involving al Qaeda operatives are making their way through the US judicial system. In January the US Court of Appeals for the District of Columbia Circuit vacated the conspiracy conviction [JURIST report] of Ali Hamza Ahmad Suliman Al Bahlul, the media secretary of Osama bin Laden. In October Egyptian-born Muslim cleric Abu Hamza Al Masri on pleaded not guilty [JURIST report] to 11 criminal charges. His charges include taking hostages, providing material support to terrorist groups, including al Qaeda, and conspiring to do such acts. He made his first appearance in the US District Court for the Southern District of New York after being extradited from the UK. Osama Bin Laden was killed [JURIST report] by US military personnel in 2011.




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Obama signs Violence Against Women Act into law
Max Slater on March 8, 2013 9:26 AM ET

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[JURIST] US President Barack Obama [official profile] signed into law [remarks] an updated version of the Violence Against Women Act (VAWA) [text, PDF; JURIST news archive] on Thursday. The VAWA, originally passed in 1994, provides legal assistance, counseling and other resources for victims of rape and domestic abuse. The law expired in 2011. The updated VAWA includes new protections for gays, lesbians and Native Americans [WP report]. In his remarks accompanying the bill signing, Obama underscored the VAWA's importance in aiding victims of sexual violence:
[O]ne of the great legacies of this law is that it didn't just change the rules; it changed our culture. It empowered people to start speaking out. It made it okay for us, as a society, to talk about domestic abuse. It made it possible for us, as a country, to address the problem in a real and meaningful way. And it made clear to victims that they were not alone—that they always had a place to go and they always had people on their side.
The bill reauthorizes the VAWA for five years.

Since its expiration in 2011, the reauthorization of the VAWA has been controversial. Last week the US House of Representatives [official website] approved [JURIST report] the VAWA by a vote of 286-138. The Senate [official website] approved [JURIST report] the same version of the bill earlier in February. House Republicans initially sought to pass a version of the bill that excluded specific protections [NYT report] for lesbian, gay, bisexual and transgender victims of domestic violence. Last month UN Special Rapporteur on violence against women Rashida Manjoo [official profile] urged [UN press release; JURIST report] the US Congress to renew the VAWA. In 2011 Manjoo issued a report [text, PDF; JURIST report] which found a continued prevalence of violence against women and discriminatory treatment of women in the US, with a heightened impact on poor, minority and immigrant women. Last year the Republican-led House and the Democratic-controlled Senate both passed versions of the VAWA reauthorization but were unable to reach a compromise [AP report] over the prosecutorial power of tribal courts.




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Bin Laden's son-in-law captured, to be tried in New York
Sarah Paulsworth on March 8, 2013 8:13 AM ET

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[JURIST] Sulaiman Abu Ghaith, the son-in-law of Osama Bin Laden [WP obituary; JURIST news archive], has been captured and will be appear in the US District Court for the Southern District of New York [official website] on Friday to face federal charges. He is accused of plotting to kill Americans [press release]. Assistant Attorney General Lisa Monaco said, "The arrest of Abu Ghayth is an important milestone in our ongoing counterterrorism efforts. I applaud the many agents, analysts and prosecutors responsible for bringing about this significant case and arrest." Abu Ghaith once served as a spokesperson for al Qaeda. Although he is not accused of involvement in the September 11 attacks, he did defend the attacks [NYT report] in statements to Al Jazeera. FBI Assistant Director-in-Charge George Venizelos said:
Abu Ghaith held a key position in al Qaeda, comparable to the consigliere in a mob family or propaganda minister in a totalitarian regime. He used his position to persuade others to swear loyalty to al Qaeda's murderous cause. He used his position to threaten the United States and incite its enemies. His apprehension is another important step in the campaign to limit the reach of al Qaeda and enhance our national and international security.
Abu Ghaith's capture reportedly occurred when he was transiting through Jordan while traveling from Turkey to his native country Kuwait.

Many cases involving al Qaeda operatives are making their way through the US judicial system. In January, the US Court of Appeals for the District of Columbia Circuit vacated the conspiracy conviction [JURIST report] of Ali Hamza Ahmad Suliman Al Bahlul, the media secretary of Osama bin Laden. In October, Egyptian-born Muslim cleric Abu Hamza al-Masri on pleaded not guilty [JURIST report] to 11 criminal charges. His charges include taking hostages, providing material support to terrorist groups, including al Qaeda, and conspiring do such acts. He made his first appearance in the US District Court for the Southern District of New York on after being extradited from the UK. Osama Bin Laden was killed [JURIST report] by US military personnel in 2011.




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