Jurist

Federal judge sentences Somali pirate to 25 years in prison

A Somali pirate was sentenced by the US District Court for the District of Columbia on April 7 to 25 years in prison for attacking a Danish ship off the coast of Somalia in 2008, for which he and other pirates received a $1.7 million ransom. US Department of Justice officials say Jama Idle Ibrahim, who pleaded guilty last year to conspiracy to commit piracy and conspiracy to use a firearm during a violent crime, and other Somali men were armed with AK-47s and rocket-propelled grenades when they seized the Danish vessel MV CEC Future and held its 13-member crew for ransom. Ibrahim's sentence will run concurrent with the 30-year sentence he received in November, stemming from a failed assault on the Navy's USS Ashland.

Israel calls for UN to retract Goldstone report

Israeli Prime Minister Benjamin Netanyahu on April 3 called on the UN to retract the Goldstone Report following statements made by Richard Goldstone in a Washington Post op-ed. Netanyahu said the Goldstone Report, which found that Israel committed war crimes in Operation Cast Lead after a fact finding mission, is called into question by Goldstone's April 1 article, where he wrote: "If I had known then what I know now, the Goldstone Report would have been a different document." According to Goldstone, new evidence has shown that Israel never targeted civilians in the conflict as originally alleged.

Holder announces 9-11 conspirators to face military trials

US Attorney General Eric Holder announced April 4 that Khalid Sheikh Mohammed and four other co-conspirators will be tried before a military commission for their roles in the 9-11 terrorist attacks. Holder, who wanted the accused be tried before a federal civilian court, referred the cases to the Department of Defense after Congress imposed a series of restrictions barring the transfer of Guantánamo Bay detainees to the US. Holder said he refused to delay the trial any longer for the sake of the victims of the 9-11 attacks and their families, explaining that the restrictions are not likely to be repealed in the immediate future. While deciding to proceed with military commissions, Holder defended the federal judiciary, saying:

US appeals court overturns release order for Yemeni Gitmo detainee

The US Court of Appeals for the District of Columbia Circuit on March 29 overturned a lower court's decision granting release to Yemeni Guantánamo Bay detainee Uthman Abdul Rahim Mohammed Uthman. Uthman's 2004 habeas corpus petition challenging his basis for detention was granted when the US District Court for the District of Columbia determined that the government had failed to prove by a preponderance of the evidence that Uthman had received and executed orders from al-Qaeda. The appeals court rejected this "command structure test" used by the lower court and struck down the ruling, blocking Uthman's release. The appeals court found that decisions made since Uthman's petition dictate that, regarding the detention authority granted by the 2001 Authorization for Use of Military Force (AUMF)], determinations of whether individuals are al-Qaeda members must employ a functional approach on a case-by-case basis, rather than the formal approach used in Uthman's case.

Lawmaker proposes halt to US military action in Libya

US Representative Justin Amash (R-MI) on March 25 announced legislation requiring an immediate halt to military action in Libya until Congress authorizes its resumption. The Restoring Essential Constitutional Constraints for Libyan Action Involving the Military (RECLAIM) Act cites Article 1, Section 8 of the Constitution while declaring that President Barack Obama must obtain authorization before any further military action is conducted. Amash explained the legislation:

US soldier pleads guilty to murdering Afghan civilians

Specialist Jeremy Morlock pleaded guilty March 23 to three counts of murder as part of a plot contrived with fellow soldiers to kill Afghan civilians. At the court-martial, held at Joint Base Lewis-McChord, Wash., Morlock also pleaded guilty to one count each of assault, conspiracy, obstructing justice and illegal drug use in exchange for a maximum sentence of 24 years in prison. According to the plea-agreement, Morlock agreed to testify against his co-defendants. Four other soldiers in Morlock's unit, the 5th Stryker Brigade, are also charged with the deaths of the three Afghan men, which occurred in the Kandahar province in January, February and May of last year. Morlock told the military judge, Lt.-Col. Kwasi Hawks, that he and his fellow soldiers began plotting the murders of unarmed Afghans in 2009 and killed the three civilians knowing they were unarmed and posed no legitimate threat. Morlock testified that Staff Sgt. Calvin Gibbs, who is also charged, took the lead in developing the plot. Gibbs maintains that the deaths were a result of combat. In January, the Washington Post first reported that Morlock accepted the plea agreement offered by US Army prosecutors. Morlock, charged in June, is the first of the five soldiers to be court-martialed.

Peru national first to be arrested under new UK genocide law

A spokesperson for the UK's Metropolitan Police Service last week confirmed the arrest of a 46-year-old Peruvian national on suspicion of crimes against humanity and torture. He is suspected of involvement with the Shining Path, a Maoist guerilla organization, believed to be responsible for the deaths of thousands in two decades of conflict in Peru. The man, whose name has yet to be released, was arrested on March 15 and is being held while police conduct searches of several addresses in the area linked to him. The man is the first to be arrested under the Coroners and Justice Act of 2009, which allows UK courts to hear cases of genocide, war crimes and crimes against humanity committed by nonresidents between 1991 and 2001.

Senators introduce bill restricting Gitmo detainee transfers

Sen. John McCain (R-AZ), along with five co-sponsors, introduced legislation March 10 that would prohibit funding for civilian trials of Guantánamo Bay detainees and place restrictions on the transfer of detainees to foreign countries. The Military Detainee Procedures Improvement Act of 2011 would require "greater scrutiny on the security situation and ability of the host country to monitor a detainee" after transfer from Guantánamo. It also purports to "[r]eaffirm[] the President's authority to detain members of al-Qaeda, the Taliban, and affiliated terrorist groups based on the authority granted by Congress in the Authorization for Use of Military Force." The legislation would require members of terrorists groups affiliated with al-Qaeda and the Taliban to be held in military custody when captured, and require annual review of whether detainees can be released.

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