From the Editors
[This is a roundup of news articles and other materials circulating on Occupation, Intervention, and Law and reflects a wide variety of opinions. It does not reflect the views of the O.I.L. Page Editors or of Jadaliyya. You may send your own recommendations for inclusion in each biweekly roundup to OIL@jadaliyya.com by Monday night of every other week]
"Sudan Deports Egyptian Journalist and Detains Bloggers as Protests Continue”, Robert Mackey
In response to mass demonstrations against Sudanese President Omar Hassan al-Bashir's recent round of austerity measures, Sudan has deported Salma El Wardany, an Egyptian journalist, and detained blogger Maha El-Sanosi. El Wardany, who has reported on young Sudanese Internet activists and recent protests in Sudan has been commended by Egyptian blogger Mohamed Abdelfattah and others for “shaking the corridors of power [in Sudan]”.
“Pentagon Drops Kuwaiti's War Crimes Charges”, Carol Rosenberg
The Miami Herald reports that on 29 June, 2012, the Pentagon dropped 4-year old charges against Faiz al Kandari, a Kuwaiti alleged enemy combatant held in the detention facility at Guantanamo Bay. The charges included allegations that Kandari had served as an advisor to Osama bin Laden. The timing seems to have surprised many close to the case, including Kandari's defense lawyer, Air Force Lt. Col. Barry Wingard.
“Federal Magistrate Says US Falsely Detained Muslim Man as Witness in Terror Case”, Associated Press
U.S. Magistrate Mikel Williams in Boise has ruled that the United States falsely imprisoned Abdullah al-Kidd, a former college football star arrrested and held as a material witness in a terrorism-related criminal case. Though the ruling must be signed by a US District Judge to have any impact on al-Kidd's case it does represent “the first ruling against the government in a “post 9/11 material witness case”, according to al-Kidd's attorneys with the American Civil Liberties Union.
“Australian Lawyer Expected to be Released Today”, Will Ockenden
Australian Lawyer Melinda Taylor and three colleagues, sent by the International Criminal Court to meet with Saif al-Islam Gaddafi but detained by the Libyan government on charges of smuggling “dangerous” documents to Gaddafi, are expected to be released on 2 July 2012. The ICC has declared its intentions to launch its own investigation into what happened during Taylor's visit to Libya.
“ICC Pre-Trial Chamber Suspends Libya's Obligation to Surrender Saif Gaddafi and Asserts Application of ICC Statute to Libya”, Dap Akande
Writing for the European Journal of International Law's blog, Akande praises the International Criminal Court for rejecting Libya's application to suspend the obligation to surrender Saif Gaddafi. Akande praises the Court for charging Libya with failing to actually challenge the admissibility of Gaddafi's case and holding that the obligation of surrender is suspended under Article 95 of the ICC statute, but warns that the Court's decision fails to deal with elements of the ICC statute that allow for permission to suspend the obligation to surrender in certain circumstances possibly applicable to Gaddafi's case.
“Legitimation Crisis”, Jens David Ohlin
Writing for LieberCode, Ohlin describes the announcement that the Ratko Mladic trial is being put on hold indefinitely and Libya's uneasy relationship with the ICC over the Saif Gaddafi trial as threatening the “integrity of international criminal justice”. He concludes with hope, however, that both situations might be resolved.
“US Drones Strike Again in the Shawal Valley”, Bill Roggio
Writing for the Long War Journal, Roggio describes a litany of recent drone strikes in Pakistan's North Waziristan, placing them in the context of a recent increase of strikes in the region following Pakistan's refusal to open NATO supply lines for the International Security Assitance Forces in Afghanistan.
“How the Israel Lobby Erodes US Sovereignty”, Ahmed Moor
Writing for Al-Jazeera, Moor describes recent reports that a recent amendment submitted by Senator Mark Kirk (R-IL) stripping some funds from the United Nations Relief and Works Agency and defining Palestinian refugee was drafted by Einat Wilf, an Israeli Politician. Moor sets these reports in the context of other Israeli encroachments into US politics, concluding that “Israelis are helping write US laws, funding US campaigns, and helping craft US war-making policy” and suggesting that the only role left for the US is to “fight the wars, of course”.
"Divest in Israel: Presbyterians Should Support Palestinian Aspirations", Roger Waters
The former Pink Floyd member writes of his support for Presbyterians advocating for their church to divest from Motorola, Hewlett-Packard, and Caterpillar, companies that profit from Israel's occupation of the Palestinian territories, drawing parallels between his musical performance "The Wall" and the injustices of the Israeli wall in the West Bank.
“Countermeasures vs. Collective Security? The EU Sanctions Against Iran”, Pierre-Emmanuel Dupont
Pierre-Emmanual Dupont assesses the legality of sanctions by the European Union against Iran, agreed upon in January of 2012. Dupont suggests that the sanctions cannot be classified as mere sanctions, but rather countermeasures. Being countermeasures, he argues, their legality is dubious under Chapter VII of the UN Charter, given that it may not be an option for supranational organizations to implement countermasures when the UN Security Council has already done so.
“Law Talks: Laura Bingham on Statelessness”, Jonathan Birchall
The Open Society Foundations has released a number of introductory talks from lawyers associated with the Open Society Justice Initiative, all examining the law's role in human rights struggles around the globe. In addition to Bingham's discussion of Statelessness, Rupert Skilbeck discusses international law's capability to prevent torture and bring those who engage in torture to justice.
“Written Submission to the HRC 20”, Badil
Badil Resource Center for Palestinian Residency and Refugee Rights submits a written statement to the UN Human Rights Council's twentieth session, detailing how the Israeli government's policy towards settlements in the Palestinian Territories amounts to a forced population transfer of Palestinian civilians, in addition to detailing Israeli Defence Forces abuses of Palestinians in the Occupied Territories.
“Kuric and Others v. Slovenia (Decision)”, European Court of Human Rights
The ECHR confirms that Slovenia deprived 18,000 former Yugoslavians of their legal status in 1992, leaving many of them stateless as a result. The Court found that Slovenia's actions breached the 18,000 citizens' right to family life under Article 8 of the European Convention on Human Rights. The Open Society Foundations' detailed report on the facts of the case may be found here.
"Society of International Economic Law 2012 Conference"; 12-15 July 2012; National University of SIngapore-Centre for International Law; Register here.
"Institute for Transnational Arbitration 2nd Annual Winter Forum"; 24-25 January, 2013; Biltmore Hotel, MIami, Register/Call for Papers Here.
"First Contemporary Challenges of International Environmental Law Conference", 28-29 June 2012; University of Lbubljana; Conference Program here.
"Israeli Arms Sales to Rwanda Genocidaires Should Not Be Surprising", Jimmy Johnson
"Libya, Impunity, and the International Criminal Court", Vasuki Nesiah
"جامعة فلسطينية تفضّل الجهل على المعرفة", Salman Masalha
"Announcement of New Publication: On Torture", Jadaliyya Reports
"ملاحظات أولية حول الإعلان الدستوري المكمل", Hani Sayed
"War By Other Means Against the Palestinians in Israel", Areej Sabbagh-Khoury
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