Jurist

Paris Agreement on climate change takes effect

For the first time in history, governments around the world have agreed to legally binding limits on global temperature rises as the Paris Agreement (PDF)  on climate change became effective on Nov. 4. All governments that have ratified the accord are now legally obligated to cap global warming levels at 2 C above pre-industrial levels—regarded as a limit of safety by scientists. But environmentalists and other groups have said the agreement may not be enough. According to Asad Rehman of Friends of the Earth: "The Paris agreement is a major step in the right direction, but it falls a long way short of the giant leap needed to tackle climate change. Far tougher action is needed to rapidly slash emissions." Greenpeace also agreed that while the agreement is a major step forward, it needs stronger force. Andrew Norton, director of the International Institute for Environment and Development, further pointed out that governments would need to take measures to ensure that the poorest and most vulnerable countries get adequate financing to tackle climate change problems..

Judge rejects NYPD settlement in surveillance suit

A federal judge has rejected (PDF) the New York Police Department's proposed settlement of a lawsuit accusing the department of improperly monitoring the city's Muslim community. Following the September 11 attacks, the NYPD has reportedly used undercover cops to monitor Muslim neighborhoods, organizations and mosques in the name of national security. In January, a settlement was reached, calling for a stricter modification of the police surveillance "Handschu" guidelines (PDF) and a civilian representative installed for five years to ensure that the NYPD complies. The NYPD declined to accept all proposed modifications yet acquiesced to the establishment of a civilian representative. Nevertheless, US District Judge Charles Haight rejected the proposed settlement, stating that it does not sufficiently protect the constitutional rights of Muslim citizens. Haight suggested that the NYPD further clarify the representative's role, and take additional measures to ensure guideline compliance such as requiring reporting to the court. While expressing disappointment in the ruling, the New York City law department stated its intention to address the judge's concerns.

Saudi air-strikes kill over 90 at Yemen prison

Air-strikes carried out by the Saudi-led coalition killed at least 90 prisoners and injured dozens more in the Zaydiyah district of the Red Sea port city of Hudaydah, Yemen on Oct. 29. The prison housed up to 84 prisoners and was bombed for hours, resulting in the collapse of the building. The bombing occurred hours after a peace agreement between Yemeni rebels of the Houthi movement and Saudi Arabia failed. Before the airstrikes began, Saleh Al Samad, the head of Yemen's Supreme Political Council, accused the coalition of committing human rights abuses in Yemen. The bombings were part of a series of strikes that occurred throughout the day, resulting in a multitude of deaths and injuries. The death toll continues to rise as first responders clear out the area. Ironically, many of those who were detained at the Houthi-controlled prison were actually opponents of the rebels. The coalition has yet to make a comment on the bombing.

Sheriff Joe Arpaio charged with criminal contempt

A federal judge on Oct. 25 ordered (PDF) Arizona's Sheriff Joe Arpaio to be tried on a charge of criminal contempt. Judge Susan Bolton of the US District Court for the District of Arizona made the order after determining that Arpaio disobeyed a court order in a racial profiling case. This comes after Judge G Murray Snow requested that the US Attorney's Office file criminal contempt charges against Arpaio. The criminal contempt charges are a result of a 2007 lawsuit claiming that Arpaio discriminated against Latinos in his enforcement of his immigration patrols. Bolton found that Snow had prohibited Arpaio from enforcing his immigration patrols, in which persons were detained without state charges, but that Arpaio continued to detain such persons and deliver them to US Immigration and Customs Enforcement when there were no charges to bring. Bolton ordered Arpaio's trial for Dec. 6 in Phoenix. The charges against Arpaio could result in fines or prison time if he is convicted.

US appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) Oct. 21 that former detainees at the Abu Ghraib prison may continue their torture lawsuit against civilian military contractors. Four former prisoners allege that they were subjected to various forms of torture at the hands of CACI Premier Technology  contractors. The case had previously been dismissed under the "political question doctrine," but the court held the doctrine does not prevent the judiciary from deciding the case.

Iraq bans alcoholic beverages

The Iraq Parliament approved a law "Forbidding the import, manufacture and sale of all kinds of alcohol drinks." Until this time, alcohol has been made readily available in shops, bars, restaurant and hotels in Baghdad and some of the provinces; it was not unusual for young people in Baghdad to be observed drinking. Lawmaker and head of the parliament's legal panel, Mahmoud al-Hassan, stated that the law was necessary to preserve Iraq's identity as a Muslim country. Al-Hassan belongs to the Shi'ite majority, a conservative section of Iraq's population, which has dominated the parliament since the US invasion of the country in 2003.

Ex-Gitmo detainee in Uruguay ends hunger strike

Abu Wa'el Dhiab [AKA Jihad Diyab], a Syrian former Guantánamo Bay detainee, on Oct. 22 ended his 68-day hunger strike. Dhiab was among a number of former detainees who were resettled in Uruguay in an effort to close down the detention center. He began a hunger strike in an effort to be unified with friends and family. As he was a suspected terrorist he was denied the right to return to his homeland due to fear of a security risk. His support group Vigilia por Diyab announced the end of his hunger strike due to an agreement that will allow him to resettle in an undisclosed third country in order to allow him to reunite with family.

Conviction of bin Laden assistant upheld

A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:

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