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April 11, 2003

Iraq's most wanted
The US Defense Department has released images of a set of cards being issued to US troops for the purpose of helping them identify and capture members and associates of the Saddam Hussein regime wanted for war crimes. The cards were introduced at the US Central Command daily briefing in Qatar Friday morning:
...the coalition governments have identified a list of key regime leaders who must be pursued and brought to justice. The key list has 55 individuals who may be pursued, killed or captured, and the list does not exclude leaders who may have already been killed or captured. This list has been provided to coalition forces on the ground in several forms to ease identification when contact does occur. And this deck of cards is one example of what we provide to soldiers out -- soldiers and marines out in the field -- with the faces of the individuals and what their role is. In this case, there are 55 cards in the deck.

The list is also being distributed throughout the country in other forms, including posters and handbills, and those will become more and more visible over the coming days. And the intent here is to help the coalition gain information from the Iraqi people, so that they also know exactly who it is we seek.
Review the complete transcript of the CENTCOM briefing.

4/11/2003 04:45:58 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 11 - Afternoon legal news
Here's my academic pick of the most important and interesting articles making this afternoon's legal news: See JURIST's Legal News for updates.
4/11/2003 04:43:19 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Amnesty International worldwide death penalty report
Amnesty International Friday released a report on use of the death penalty worldwide in 2002:
By April 2003, 76 countries and territories had abolished the death penalty for all crimes. A further 15 countries had abolished it for all but exceptional crimes such as wartime crimes. Twenty-one countries were abolitionist in practice: ie had not carried out any executions for the past 10 years and are believed to have a policy or established practice of not carrying out executions. At present there are 112 countries which are abolitionist in law or practice and 83 countries which retain and use the death penalty.

In 2002 at least 1,526 people were executed in 31 countries. At least 3,248 people were sentenced to death in 67 countries. These figures include only cases known to Amnesty International; the true figures were certainly higher. The vast majority of executions worldwide are carried out in a tiny handful of countries. In 2002, 81 percent of all known executions took place in China, Iran and the USA.
Read the AI press release and review the complete text of the report.

4/11/2003 03:25:40 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Red Cross "urgent appeal" for help to end Iraq lawlessness
In the face of a deteriorating civil situation in Iraq, the International Committee of the Red Cross in Geneva has just issued an urgent appeal to Coalition occupying powers to fulfill their responsibilities under international humanitarian law and protect civilian safety and services in Baghdad and elsewhere:
The International Committee of the Red Cross (ICRC) is profoundly alarmed by the chaos currently prevailing in Baghdad and other parts of Iraq. Lawless persons, sometimes armed, have been ransacking and looting even essential public facilities such as hospitals and water-supply installations.

Hospitals in Baghdad are closed because of combat damage, looting or fear of looting. Hardly any medical or support staff are still reporting for work. Patients have either fled the hospitals or have been left without care. The medical system in Baghdad has virtually collapsed. The dead are left unattended, and the increasing summer heat and deteriorating water and electricity supplies create a high risk of epidemic disease.

The ICRC urgently appeals to the Coalition forces and all other persons in authority to do everything possible to protect essential infrastructure such as hospitals and water-supply and evacuation systems from looting and destruction. In areas under their control, the Coalition forces have specific responsibilities as Occupying Powers under international humanitarian law. These include taking all measures in their power to restore and maintain, as far as possible, public order and safety by putting a halt to pillage and to violence against civilians and civilian facilities.

Civilian facilities which have been damaged or destroyed must be repaired as soon as possible, in order to ensure that the basic needs of the population can be met. Water and electricity supplies are vital. Medical units and personnel must be protected and their work facilitated, and access to them by all persons in need, whether military or civilian, friend or foe, must be granted. In all circumstances, the Red Cross and Red Crescent emblem must be respected.

To the fullest extent of the means available to them, the occupying forces have a duty to ensure that the population has sufficient supplies in terms of water, food and medical care. As the temporary administrators of the occupied territory, the Occupying Powers must support public services and manage resources primarily in the interests of the population, without discrimination. If the whole or part of the population under occupation is not adequately supplied, the Occupying Powers must allow impartial humanitarian organizations to undertake assistance operations. However, the provision of humanitarian aid in no way relieves the Occupying Powers of their administrator's responsibilities towards the population under occupation.
Read the full ICRC press release.

4/11/2003 12:15:51 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Hiring police for Iraq
It appears that DynCorp, a US government contractor, is recruiting active and former police officers for duty in Iraq on behalf of the United States Department of States and the Bureau of International Narcotics and Law Enforcement Affairs. Read an Iraq mission advertisement on DynCorp's International Police Programs website. For a critical perspective in this recruiting campaign, see a CorpWatch article from April 9 entitled Dyncorp Rent-a-Cops May Head to Post-Saddam Iraq.
4/11/2003 11:49:15 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Red Cross on lawlessness in Baghdad
Friday's bulletin from the International Committee of the Red Cross on the humanitarian situation in Iraq highlights the breakdown of law and order in Baghdad and its consequences for the delivery of medical services to the civilian population:
The ICRC in Baghdad is extremely concerned about the anarchy and general chaos prevalent in the city. Lawlessness continues to be rampant, with ambulances being stopped and looted by armed individuals. The ICRC fears that the hospitals in Baghdad are no longer functioning and have been largely deserted by staff and patients. Most Baghdadis are too terrified to leave their homes. The ICRC will carry out assessments at different hospitals in the city if and when the security situation permits.
Read the full ICRC bulletin.

4/11/2003 09:53:44 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Hooding Iraqi prisoners
Matthew Happold, lecturer in Law at the UK's University of Nottingham, says in Friday's Guardian newspaper that the apparent hooding of Iraqi prisoners - militia and Ba'ath party leaders - by British troops is inhuman and may also be illegal:
British troops are in occupation of southern Iraq; accordingly they have obligations towards Iraqi civilians under the fourth Geneva convention. They are also obliged to treat members of the Iraqi armed forces in accordance with the third Geneva convention. Both provide that persons in the power of occupying forces must be treated humanely. Hooding detainees may well violate these obligations.

In addition to violating international humanitarian law - the law governing the conduct of armed conflicts and military occupations - it may be that in allowing the hooding of suspects, the UK is in violation of its human rights' obligations. The UK is a party to both the international covenant on civil and political rights, and the European convention on human rights. Both prohibit inhuman and degrading treatment. But even under customary international law, humiliating and degrading treatment is prohibited in all circumstances.
Read the complete column, and review a January 2002 letter from Amnesty International to US Secretary of Defense Donald Rumsfeld detailing legal objections to the hooding of Afghan prisoners in US custody.

4/11/2003 09:40:14 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 11 - Law school briefs
The Daily Mississippian reports that US Supreme Court Justice Antonin Scalia defended his views of constitutional interpretation Thursday when he delivered the annual McClure Memorial Lecture at the University of Mississippi School of Law.... Justice Anthony Kennedy, meanwhile, told students at the University of Virginia Law School that the current impasse over judicial nominees may harm the courts. AP reports.
4/11/2003 09:21:07 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 11 - Morning legal news
Here's my academic pick of the most important and interesting articles making this morning's legal news: Want to suggest an addition? E-mail me at JURIST@law.pitt.edu.
4/11/2003 09:08:22 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 11 - This day at law
On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968 (often refered to as the Fair Housing Act), an amendment to the landmark 1964 Act prohibiting discrimination based on race, religion or national origin in the sale, rental, financing or advertising of housing. Learn more about Fair Housing Laws and Presidential Executive Orders from the US Department of Housing and Urban Development.
4/11/2003 08:03:26 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 10, 2003

April 10 - Evening legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/10/2003 08:25:55 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Prosecuting Iraqi war crimes
The Senate Governmental Affairs Committee held a hearing Thursday on Prosecuting Iraqi War Crimes: A Consideration of Different Forum Oprions. Senator Arlen Spector chaired. Witness testimony is now online.
4/10/2003 01:59:31 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 10 - Afternoon legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/10/2003 01:32:43 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Legal obligations of occupying powers
Provisions of two international treaties governing occupying powers are especially apt now that US troops have entered Baghdad but have not yet succeeded in quelling looting or restoring basic services. Aricle 43 of the 1907 Hague Regulations concerning the Laws and Customs of War on Land says:
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Article 55 of the Fourth Geneva Convention on the Protection of Civilian Persons in Time of War says:
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
The official commentary of Article 55 and its relation to the Hague Regulations is instructive:
Article 55 extends very considerably the responsibility of an Occupying Power in regard to the help to be given to the occupied territory. Article 43 of the Hague Regulations merely spoke of ensuring, as far as possible, public order and safety, while under the present Article the Occupying Power is placed under an obligation to ensure, to the fullest extent of the means available to it, the food and medical supplies of the population. During recent conflicts thousands of human beings suffered from starvation during the occupation of the country. Their destitution was made still worse by requisitioning. The absence of food and medical supplies and unhygienic conditions encouraged the spreading of epidemics. The spirit behind Article 55 represents a happy return [p.310] to the traditional idea of the law of war, according to which belligerents sought to destroy the power of the enemy State, and not individuals. The rule that the Occupying Power is responsible for the provision of supplies for the population places that Power under a definite obligation to maintain at a reasonable level the material conditions under which the population of the occupied territory lives. The inclusion of the phrase "to the fullest extent of the means available to it" shows, however, that the authors of the Convention did not wish to disregard the material difficulties with which the Occupying Power might be faced in wartime (financial and transport problems, etc.); but the Occupying Power is nevertheless under an obligation to utilize all the means at its disposal.
For more on the law of occupation as applied to Iraq, see Suzanne Nossel, Winning the Postwar.

4/10/2003 01:16:07 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Iraq UN envoy stays in New York, but with "no government" to represent
BBC News is now reporting that contrary to earlier reports that he had left the United States for Europe, Iraq UN ambassador and former University of Baghdad law dean Mohammed Aldouri is still in New York and was scheduled to meet with UN Secretary-General Kofi Annan on Thursday:
The AFP news agency quoted an official at Charles de Gaulle airport saying that Mohammed al-Douri had booked places on flights from New York to Paris, and from Paris to Damascus, but had failed to take them up. His meeting with Mr Annan was due to start at 1115 (1515 GMT).
Speaking to Reuters in a brief interview Thursday, Aldouri said "Everything is over. There is no government that I represent. I am representing my country right now."

4/10/2003 12:52:38 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Preserving Iraq archives for evidence of war crimes, rights abuses
Human Rights Watch wrote to Secretary of State Powell and Secretary of Defense Rumsfeld Wednesday urging them to prevent Iraqi government offices from being ransacked because government documents will undoubtedly be key evidence in future war crimes trials. Archival documents could also help redress and prevent other human rights abuses:
Human Rights Watch estimates that some 250,000 to 290,000 Iraqis have “disappeared” during the rule of the Ba’ath Party—taken away from their homes by the Iraqi security forces, and never heard from again. The archives of the Iraqi security services could finally allow the families of those “disappeared” to find out what has happened to their long- lost relatives.... Finally, Human Rights Watch is concerned that leaving Iraqi security archives unsecured could lead to an increase in retaliatory violence and vengeance killings. The security archives identify tens of thousands of security agents and collaborators by name. Many Iraqi civilians were forced to collaborate with the security agencies, and may have informed on relatives, neighbors, and friends who were later jailed or killed. The publication of their identities at a time when general security and order are not assured could place those collaborators and others in grave danger.
Read the full text of the letter [PDF].

4/10/2003 12:43:22 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Annan: Iraq law and order, Aldouri, future of weapons inspections
Speaking to reporters at UN Headquarters in New York this morning, UN Secretary-General Kofi Annan noted that there was "no functioning government" in Iraq, and that given scenes of looting, "law and order must be a major concern." He continued:
I think the [Security] Council has also reaffirmed that the Hague Regulation and the Geneva Conventions apply to this conflict and that the coalition has a responsibility for the welfare of the people in this area. And I am sure that will be respected.
On the whereabouts of Iraq UN ambassador Mohammed Aldouri, he said:
I don't know what his status is, but I did talk to him on Monday. We reviewed the situation in Baghdad and what was happening. He didn't have much information. I don't know where he is or what his status is at the moment, but naturally we did talk about what happens, depending on the evolution of things on the ground....[H]e didn't ask for an asylum or protection. He had indicated some time earlier that he and his staff sometimes felt harassed and followed by local authorities and police – this was some time ago and I think we had raised it with the authorities and that has stopped. When I saw him on Monday he didn't ask me for help with his status.
The Secretary-General also said that UN weapons inspectors should resume their work in Iraq:
...their mandate is still valid. It is only suspended because it became inoperable on account of the war. I would expect [Hans] Blix and [Mohammed] ElBaradei to be able to return as soon as it is possible and I think they are the ones with the mandate to disarm Iraq, and when the situation permits they should go back to resume their work.
Read a transcript of the Secretary-General's comments or watch recorded video from the UN.

4/10/2003 12:31:00 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Iraq's UN ambassador, ex-Baghdad law dean flees to Netherlands?
A report Thursday from the Kuwait News Agency says that Iraq's UN ambassador and former Baghdad University law dean Mohammed Aldouri, quoted in reports Wednesday as saying that the "game is over" in Iraq, has left the United States and flown to the Netherlands:
[He] left New York, landed in Paris on Thursday morning as a transit, and left for the Netherland, a french police source told KUNA. "He came as a transit and did not touch the french territorty and departed to the Netherland," the source said.... "This was in the morning. He is not in France," the source said. Later, the Foreign Ministry confirmed that Al-Douri came as a transit.
Read the full KUNA wire. Thursday's USA Today has more on Iraqi diplomats left in limbo.

4/10/2003 10:51:23 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Collecting intelligence under the law
At a rare public hearing, the House Committee on Intelligence Tuesday heard submissions on the legal implications and consequences of intelligence gathering in a time of terrorism. No hearing transcript is available from the Committee, but testimony by legal counsel and research fellows from the American Civil Liberties Union and the Heritage Foundation is now available online from those organizations.
4/10/2003 10:24:29 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 10 - Law school briefs
Incoming Harvard Law School dean Elena Kagan has promised more faculty, and re-evaluation of "essential structure" according to Thursday's Harvard Law Record. The Record also voices its opinion that although Kagan is excellent, the process of her selection wasn't.... Thursday's issue of The State reports that a group of South Carolina lawyers and judges is taking steps to start a private law school - a second law school for South Carolina - in Charleston.... The Michigan Daily reports that the dean search to replace Jeff Lehman at the University of Michigan Law School is ongoing... Donald Horwitz, a specialist on ethnic conflict, discussed the possibilities for a new government in Iraq Tuesday at a special lecture at Duke Law School.
4/10/2003 09:49:21 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 10 - Morning legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/10/2003 09:39:51 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 10 - This day at law
Hugo Grotius, Dutch jurist, statesman and founder of international law was born on April 10, 1583. Read an entertaining and instructive "dialogue" with Grotius on the legality of the war in Iraq.
4/10/2003 09:36:29 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9, 2003

Law teaching beckons for Iraq UN ambassador now that "game is over"
News reports late Wednesday quote Iraq UN ambassador Mohammed Aldouri as saying "the game is over" for the Saddam Hussein regime with the fall of Baghdad.

A legal scholar for 30 years and a former professor and dean of the University of Baghdad law school who came to the UN post two years ago, Aldouri's own future is unclear. Although a representative of the Iraqi regime, he is not considered a henchmen and is apparently not included in Washington's list of potential war criminals. Reuters says:
When told about Aldouri's comments, British Ambassador Sir Jeremy Greenstock said, "I pay tribute to him acknowledging it. He is a decent man.... I hope he finds a decent life, representing a decent government. He must wonder what his situation is now and I sympathize with him," Greenstock said.

The current Iraqi government holds the U.N. seat until another government hands in its credentials, something not expected to happen for many months. But it is unknown whether the handful of Iraqi diplomats in New York would stay on.
In an interview with the Boston Globe conducted last week but just published today, however, Aldouri rejected the notion of a further diplomatic stint and said he wants to return to teaching. Learn more about Mohammed Aldouri from the United Nations.

4/9/2003 10:02:27 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9 - Evening legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/9/2003 08:54:37 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Objections to making PATRIOT Act permanent
In the wake of today's New York Times story that Republican lawmakers want the USA PATRIOT Act made permanent instead of being allowed to expire at the end of 2005 per its original "sunset" provisions, the ACLU of Illinois has written a letter to Illinois' US Senators Richard Durban and Peter Fitzgerald objecting to the proposition:
After a mere eighteen months since the enactment of the legislation, it is simply too soon to measure the impact of these provisions and move to make them permanent. For this reason, it is disconcerting to read today’s media reports indicating that the Bush Administration and certain members of the Senate may act as quickly as this week to try to make these powers permanent.

This action is made more troubling by the very fact that since enactment of the USA PATRIOT Act, the Bush Administration consistently has been reticent to share with Congress – through the Committees of Congress charged with oversight of the USA PATRIOT Act – information about how the new powers authorized by Congress are being utilized. The Justice Department, for example, has grudgingly provided only cursory information to Congress and the public about the number of investigations involving electronic surveillance initiated under the Foreign Intelligence Surveillance Act, how many so-called “sneak and peek” warrants have been issued and executed and how often federal law enforcement officials have requested information about constituent records from public libraries. Given the Administration’s demonstrable obstinacy in sharing this information with an equal branch of government, there simply is no way that members of Congress can make a comprehensive analysis of the use of the new sweeping powers, and whether these powers ought to be made permanent.
Read the complete ACLU letter[PDF], and get more information from the ACLU.

4/9/2003 03:30:43 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9 - Afternoon legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/9/2003 03:30:01 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Re-establishing order in Baghdad
VOA correspondent Aliysha Rhu with the US Army's 3rd Infantry Division in Baghdad reports on US plans to re-establish civil order in Baghdad following the fall of the city. Listen to her report or read a transcript.
4/9/2003 02:40:22 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Iraqi war crimes hearing scheduled
Following on the heels of Tuesday's introduction in Congress of a concurrent resolution urging that Iraqi war criminals be brought to justice, the Senate Governmental Affairs Committee has scheduled a hearing on Prosecuting Iraqi War Crimes; A Consideration of the Different Forum Options for tomorrow (Thursday). JURIST's Paper Chase will carry the hearing live beginning at 11 AM ET.
4/9/2003 01:34:37 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



UN concerns over looting, lawlessness in Baghdad, elsewhere in Iraq
UN officials expressed concern Wednesday at the spread of looting and lawlessness in Baghdad and Basra, and urged occupying Coalition forces to provide security for the civilian population. A spokeman for the UN Humanitarian Co-ordinator for Iraq said:
The breakdown of law and order in Baghdad and in Basra has been accompanied by widespread looting. The collapse of civilian authority in the two largest cities in the country must be addressed by the occupying military forces, which have responsibility under international humanitarian law to maintain a secure environment for the civilian population. The longer the situation remains out of control, the more difficult it will be to start humanitarian relief operations and the greater the delay in beginning the work of reconstruction. The operating environment for humanitarian assistance requires secure access to populations in need. That environment does not yet exist, except in Umm Qasr and from Turkey, in the north.
Read the full text of the UN's Wednesday humanitarian briefing from its field office in Amman, Jordan.

4/9/2003 01:13:18 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Warning on security vacuum for Iraqi civilians
Human Rights Watch issued a statement Wednesday saying that US and coalition forces must not allow lawlessness and looting to prevail in areas of Iraq under their occupation:
Under international humanitarian law, military commanders must prevent and where necessary suppress serious violations involving the local population under their control or subject to their authority. Furthermore, occupying forces have an immediate duty to take all feasible steps to prevent acts of violent reprisal. The responsibility for protecting civilians extends to the conduct of any local Iraqi armed groups acting under authority of or in conjunction with U.S. forces. That duty exists for the benefit of individuals allied with the Iraqi government who have laid down their arms as well as opponents of the government.
Read the full HRW statement, and review a HRW briefing on an occupying power's duty to provide security.

4/9/2003 12:17:46 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Baghdad falls - law and order breaks down
Baghdad has fallen, according to various network reports. Watch live coverage and get more details from the BBC. The BBC also reports that law and order has broken down in the Iraqi capital. The website of the Kurdistan Regional Government in northern Iraq is celebrating the end of the Saddam Hussein regime.
4/9/2003 11:03:39 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Pentagon teleconference on Geneva Conventions - webcast!
Recorded video of Wednesday's Pentagon teleconference on the Geneva Conventions and US treatment of Enemy Prisoners of War (EPWs) is now available from C-SPAN. The video includes commentary by US Army officers in the field at the Theater Detention Facility in Southern Iraq. Recorded audio is also available from the Defense Department. Review US Army Field Manual 19-10. Chapter 16, Field Confinement of US Military Prisoners.
4/9/2003 10:34:12 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Lawrence v. Texas oral argument transcript
The US Supreme Court has posted the official transcript of oral arguments[PDF] made March 26 in Lawrence v. Texas, the case challenging the constitutionality of a Texas anti-sodomy law. Background and additional documents are available from Lambda Legal.
4/9/2003 10:10:12 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



UN Human Rights chief disturbed by killings of civilians, journalists in Iraq
Speaking in Geneva Wednesday, UN High Commissioner for Human Rights, Sergio Vieira de Mello, said he was deeply disturbed by the growing toll of civilians and journalists killed during the conflict in Iraq:
The right to freedom of information is dealt a fatal blow whenever a journalist is killed or wounded in the performance of his or her vital role.... The most precious right of all is the right to life. Once life is taken away, the damage is irreparable.... There are inescapable obligations on the parties to the conflict. Human rights and international humanitarian law cannot be put on hold.
Read the full OHCHR press release.

4/9/2003 09:55:56 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



How law review editors do their job - webcast!
Anne Enquist, faculty advisor to the Seattle University Law Review, presented a workshop on "Substantive v. Technical Editing: How Law Review Editors do their Job" at the recent National Conference of Law Reviews 2003 meeting in Seattle. Recorded video of the workshop is now online from Seattle University School of Law.
4/9/2003 09:45:35 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9 - Law school briefs
Tuesday's Arizona Republic reports that Arizona State University College of Law is considering opening a downtown Phoenix law school for working people seeking to earn a law degree through night classes.... The Daily Pennsylvanian says that construction work on new faculty offices at the University of Pennsylvania Law School is almost complete.... The University of Southern Calfornia Law School has announced that its 2003 Commencement speaker will be Senator Dianne Feinstein.
4/9/2003 09:19:59 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9 - Morning legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/9/2003 09:07:54 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 9 - This day at law
On April 9, Simon Fraser, Lord Lovat, became the last man man to be beheaded in England when he was executed on Tower Hill for his part in the Highland rising of 1745. Learn more about the legal history and practice of beheading.
4/9/2003 09:03:57 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 8, 2003

April 8 - Evening legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/8/2003 08:19:14 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 8 - Afternoon legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/8/2003 02:40:29 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Military man new dean at Mississippi College School of Law
Col. James H. Rosenblatt, chief counsel for the US Army Training and Doctrine Command at Fort Monroe, Virginia, was named dean of the Mississippi College School of Law Tuesday. Read more in the Jackson Mississippi Clarion Ledger.
4/8/2003 02:08:28 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Constitutional age limitations past their prime?
"It is past time to consider an amendment to the Constitution's minimum age requirements for representatives to the House, Senate, and Presidency - at 25, 30, and 35, respectively - which perpetuates an antiquated age discrimination that cries out for latter-day reform." So says John Seery, Professor of Politics and Chair of the Politics Department at Pomona College in a Tuesday editorial:
Initially the Framers of the Constitution were not going to include any minimum age requirements. James Wilson argued against them. James Madison says offhandedly in Federalist 62 that advanced age requirements would afford representatives with greater "information and stability of character." But he offers no further argument to back his 18th-century prejudice. Surely today we recognize that such structural constraints violate a fundamental principle of representative democracy: Let the voters decide such matters for themselves!

The benefits of opening up the representative system to all eligible voters would far outweigh any possible costs. Many of our voting-age youth have evidently withdrawn their energies from the electoral system. The 18-24 year old voting rates have declined steadily from 1972 to 2000. 50 percent of the 18-24 yr. old voters cast a ballet in 1972; only 35 percent of the same group voted in 2000. Opening up the competition for congressional offices could invigorate the system at all levels. Imagine if younger candidates could by-pass the entrenched party hierarchies that reward life-long insiders and gray-haired hacks.

Moreover, many of our most pressing political, economic, and cultural conflicts in the coming years are inter-generational. Militarism, environmentalism, global warming, budget deficits, health care, stock market investment, the future viability of Social Security are all hot-button issues that look quite different as assessed from short-term versus long-term perspectives. But the system is clearly rigged in favor of old folks. The demographics of the United States are now also skewed heavily toward an aging population. The AARP has become a powerful lobby. Young voters, however, cannot even run for federal office or elect one of their own. They should be allowed the minimal right to compete for office or the chance to elect someone who speaks directly on their behalf.
Read the full text of Seery's column Politics for the Ages: Young People Sent to Fight Wars Deserve Constitutional Amendment.

4/8/2003 01:34:43 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Law and the Elgin Marbles
Press reports Tuesday say that the Greece is once again calling for the return of the Elgin Marbles, the Parthenon friezes removed by British Ambassador Lord Elgin in 1803 and sold to the British Musuem, where they are on display today. For a survey of the legal questions raised by the removal and possible repatriation of the Marbles, see Irini A. Stamatoudi, The Law and Ethics Deriving from the Parthenon Marbles Case (1997). The British Museum provides information on the ownership of the Marbles, and the Greek Ministry of Culture has an elaborate website on The Restitution of the Parthenon Marbles.
4/8/2003 01:19:06 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Newspaper owner indicted for contempt of Milosevic war crimes tribunal
The International Criminal Tribunal for the Former Yugoslavia announced Tuesday that an indictment for contempt of court has been confirmed against the owner of a Montenegrin newspaper for revealing the identity of a protected witness in the Milosevic war crimes trial. Read the ICTY press release, and review the ICTY Prosecutor's indictment.
4/8/2003 01:04:45 PM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Proposed constitutional amendment to protect crime victims - live webcast!
The Senate Judiciary Committee holds a hearing Tuesday on a proposed constitutional amendment to protect crime victims. Watch live video from the Committee.
4/8/2003 10:13:13 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Iraqi war crimes tribunal - lessons from the Khmer Rouge?
The argument in favor of an international war crimes tribunal for Iraq - as opposed to an Iraqi tribunal primarily staffed by Iraqi exiles - seems to have been strengthened in light of concerns noted in UN Secretary-General Kofi Annan's recent report on potential problems with a special Cambodian court to try crimes of the Khmer Rouge. If the now-relatively-stable Cambodian government and judiciary might not have the capacity and legitimacy to stage successful genocide trials, what chance is there for Iraq war crimes trials to succeed both domestically and internationally while Iraq faces massive governmental and legal reconstruction?
4/8/2003 10:07:19 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Briefing on Geneva Conventions, EPWs and war crimes
A full transcript of Monday's Pentagon briefing on the law of war by Special Assistant to the Judge Advocate General for the Army W. Hays Parks and US ambassador for war crimes issues Ambassador Pierre-Richard Prosper is now online from the Defense Department. On prosecution of Iraqis for war crimes, Ambassador Prosper said:
...we have begun to catalogue the numerous abuses, both past and present that have been committed by the Iraqi regime. Our troops have been given the additional mission of securing and preserving evidence of war crimes and atrocities that they uncover.

As President Bush has stated, war criminals will be prosecuted. The day of Iraq's liberation will also be a day of justice. For any war crimes committed against U.S. personnel, our policy is that we will investigate and we will prosecute. We will also seek to prosecute, where feasible, those who committed or ordered war crimes against U.S. personnel during the Gulf War.

For any war crimes committed against Iraqi people during the course of this conflict, we'll explore the range of options available, work to ensure that justice is achieved for the Iraqi people. For past abuses, past atrocities, it is our view that there should be accountability. We will work with Iraqi people to create an Iraqi-led process that will bring justice for the years of abuses that have occurred.
Human Rights Watch Monday called plans for a U.S.-sponsored, Iraqi-led judicial process for the prosecution of Iraqi war crimes a "mistake", and is urging the creation of an international tribunal:
A tribunal composed of Iraqi jurists selected by the United States would not have the capacity to adjudicate the staggering scope of crimes by the Iraqi government, including genocide, crimes against humanity, and war crimes.

Iraq's Revolutionary Courts, State Security Courts, and Special Provisional Courts have been instruments of repression rather than impartial judicial institutions.... The Iraqi state has also interfered with other civil and criminal courts. Meanwhile, scholars, lawyers, and jurists in the Iraqi exile community should not be expected to shoulder the burden of handling a high volume of politically charged prosecutions....

"After decades of Ba'ath Party rule, the Iraqi judiciary has been deeply compromised," said Richard Dicker, director of the International Justice Program at Human Rights Watch. "The Iraqis should certainly be involved in this process, but the country's justice system just doesn't have the capacity to handle a series of highly complicated trials."
Read the full HRW press release.

4/8/2003 09:23:39 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Report on Khmer Rouge trials
The United Nations has released Secretary-General Kofi Annan's report to the General Assembly on negotiations for the establishment of a special Cambodian tribunal to try cases arising out of the Khmer Rouge genocide of the 1970s. The report says that the new draft agreement between the United Nations and the Government of Cambodia on the establishment and procedure of the Court is a "considerable improvement" over previous documents, but it notes continuing doubts over the credibility of the tribunal given the precarious state of that country's judiciary. Review the full text of the report[PDF].
4/8/2003 09:10:01 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



Attacks on journalists are "crimes of war" - IFJ
The International Federation of Journalists Tuesday condemned attacks on journalists by both sides in the Iraq war and called for an independent international inquiry after an attack on a hotel where journalists are staying in Baghdad and after US troops allegedly destroyed the offices of Al Jazeera Television and Abu Dhabi Television.
"There is no doubt at all that these attacks could be targeting journalists. If so, they are grave and serious violations of international law," said Aidan White, General Secretary of the IFJ. "The bombing of hotels where journalists are staying and targeting of Arab media are particularly shocking events in a war which is being fought in the name of democracy. Those who are responsible must be brought to justice". At the same time the IFJ condemns what appears to be Iraqi tactics of using civilians and journalists as a "human shield" against attack. "The Baghdad authorities are just as culpable with their reckless disregard for civilian lives," said White.
Read the full IFJ press release.

4/8/2003 09:01:44 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 8 - Morning legal news
Recommended readings from the latest legal news: See JURIST's Legal News for updates.
4/8/2003 08:52:03 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 8 - This day at law
On April 8, 1913, the Seventeenth Amendment to the US Constitution, providing for the election of senators by popular vote rather than selection by state legislatures, was ratified. Learn more about the Seventeenth Amendment.
4/8/2003 07:48:43 AM by Bernard Hibbitts | link | latest Paper Chase | back to JURIST



April 7, 2003

April