Jurist

US soldier held in fatal shooting of Afghanistan detainee

A US soldier is being held in connection with the fatal shooting on Oct. 17 of a Taliban detainee, who was found dead in a holding cell in Kandahar province. The US Army Criminal Investigation Command (CID) and Afghan officials have launched separate investigations into the death. Officials stated that detainee, Mullah Muhibullah, was a senior leader of the Taliban network in Arghandab district of Kandahar province. Arghandab is currently the focus of a major US-led military offensive to dislodge the Taliban from its strategic stronghold in Kandahar province. Mullah Muhibullah was detained during a Taliban operation the day before he was killed.

Hungary: CEO arrested over deadly chemical spill

Hungarian Prime Minister Viktor Orban announced Oct. 11 that police have arrested Mal Rt [Reuters backgrounder] CEO Zoltan Bakonyi on criminal negligence charges for the company's role in last week's Akja chemical spill. Orban also announced an emergency law that was easily passed allowing the government to take control of Mal Rt, which owned the plant from which the spill originated. The spill occurred Oct. 4 when one of the plant's reservoirs cracked, releasing nearly 200 million gallons of toxic sludge, killing eight people, injuring hundreds more and causing environmental damage that some fear could take years to clean up. Police initiated their criminal investigation last week. If convicted, Bakonyi faces up to 11 years in prison.

Israeli cabinet approves changes to citizenship oath

The Israeli cabinet approved an amendment Oct. 10 to the country's citizenship law that would require those seeking citizenship to pledge allegiance to Israel as a "Jewish and democratic state" and promise "to honor the laws of the state." The amendment was approved by a vote of 22-8, and will be entered into law if it is approved by a majority in the Knesset and passes muster with the Supreme Court.

Bolivia: newspapers protest proposed racism law

The majority of Bolivian newspapers engaged in a joint protest Oct. 7 against a proposed anti-racism law that they claim would damage freedom of expression. The newspapers (e.g. Los Tiempos of Cochabamba) shared one message on their front page—"There is no democracy without freedom of expression"—in response to a decision by President Evo Morales to maintain certain provisions of the legislation. Article 16 of the bill currently being discussed by the Senate, and which was already passed by the Chamber of Deputies, would establish economic sanctions and allow for media outlets that publish information considered by the government to be racist or discriminatory to be closed. Bolivia's journalists and media outlets maintain that they support the struggle against racism but that they cannot accept provisions that would limit freedom of expression. They worry that the bill could be used for political ends to censor unfavorable opinions.

Ex-Gitmo detainee sues US over torture allegations

A former Guantánamo Bay detainee filed a lawsuit Oct. 6 against the US military alleging that he was subjected to torture. Abdul Rahim Abdul Razak al-Ginco, a Syrian national who prefers the surname Janko, filed suit in the US District Court for the District of Columbia—the same court that ordered his release last year—claiming that US military officials repeatedly tortured him during his nearly seven-and-a-half years at Gitmo. The suit names 26 current or former members of the military who are allegedly responsible for the tortuous acts, such as urinating on Janko, slapping him, threatening him with loss of fingernails, sleep deprivation, extreme cold and stress positions. Janko was released in June 2009 when Judge Richard Leon found that he could no longer be classified as an "enemy combatant" and that the government's argument against him defied common sense. Prior to being detained by the US military, Janko was imprisoned and tortured by al-Qaeda for 18 months over suspicions that he was an American spy.

Obama administration invokes state secrets to block targeted killings lawsuit

The Obama administration on Sept. 24 filed a brief with the District Court for the District of Columbia, asking the court to dismiss a lawsuit challenging the legality of targeted killings of terrorism suspects. The lawsuit, filed by the father of US citizen Anwar al-Awlaqi, seeks an injunction to prevent the government from killing al-Awlaqi on the basis that it would be an extrajudicial execution. The Obama administration argues that this matter involves "non-justiciable political questions" to be decided by the executive branch and that litigation could divulge state secrets.

UN report finds Israel flotilla raid violated international law

Israel's interception of a Gaza-bound flotilla violated international law, according to a report released Sept. 22 by the UN Human Rights Council (UNHRC). After conducting numerous interviews with eye-witnesses and viewing other evidence, the fact-finding mission determined that Israeli forces committed several international law violations, including violations of the International Covenant on Civil and Political Rights (ICCPR) and the Fourth Geneva Convention. The mission also determined that Israel's interception of the flotilla was prima facie unlawful. The report recommends judicial remedies and reparations, including medical and psychological care to those who were tortured.

UN panel criticizes Israel, Hamas investigations into Gaza conflict

The UN panel of experts tasked with monitoring and assessing investigations into alleged war crimes during the 2008-2009 conflict in the Gaza Strip issued a report Sept. 21 criticizing the investigations being carried out by both Israel and Hamas, but positively assessing the work of the Palestinian Authority. According to the report, the Palestinian Authority's work in this area comports with international standards. However the work of Israel is assessed more harshly:

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