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Court urges Sudan war crimes arrest
Legal World News | 2007/09/21 12:29

The chief prosecutor of the International Criminal Court (ICC) has urged world leaders to "break their silence" and press the Sudanese government to arrest one of its ministers for alleged war crimes. The comments by Luis Moreno-Ocampo, the ICC prosecutor, came ahead of a high-level UN meeting on Darfur on Friday.
Moren-Ocampo has called for the arrest of Ahmed Harun, Sudan's humanitarian affairs minister, who faces charges of war crimes and crimes against humanity.

He said he was concerned that silence by world leaders "has been understood in Khartoum as a weakening of international resolve".

"It is time to break the silence," he said.

UN meeting

Moreno-Ocampo said Harun, who is suspected of involvement in the murder, rape, torture and persecution of civilians in Darfur, is now in charge of the millions of people he forced out of villages into camps.

"Ahmed Harun is not protecting the camps, he is controlling them. He must be stopped. He must be arrested. The international community must be consistent in their support of the law."

The ICC wants Friday's UN meeting, chaired by Ban Ki-moon, the UN secretary general, and Alpha Oumar Konare, the African Union chairman, to be used to push the Sudanese government to arrest Harun.

But bringing to justice those most responsible for killing over 200,000 people and uprooting more than 2.5 million during the four and a half-year conflict is not on the agenda for the meeting.

Instead, ministers from 26 countries have been invited to discuss international support for new negotiations with Khartoum, the deployment of a 26,000-strong AU-UN force in Darfur and the expansion of humanitarian assistance.

"World leaders have to understand that if the justice component process is ignored, crimes will continue and affect the humanitarian and security operations in Darfur," Moreno-Ocampo said.

Postponing Harun's arrest, he said, would mean "there will be no solution in Darfur" but Moreno-Ocampo also expressed hope that the UN secretary-general's talks with Omar al-Bashir, the Sudanese president, earlier this month might "bear fruit".


Chile's top court rules to extradite Fujimori
Legal World News | 2007/09/21 12:11
Chile's Supreme Court said on Friday it had ruled to extradite Peru's former President Alberto Fujimori to face charges of embezzlement and human rights abuses during the 1990s.

Alberto Chaigneau, president of the courtroom where the extradition case was heard, said magistrates had accepted seven of the 13 points made by Peruvian state prosecutors seeking to bring Fujimori to trial.

The Supreme Court ruling cannot be appealed.

Fujimori, 69, has been in Chile since November 2005, when he was arrested on an international warrant after flying into the country from Japan.

He was apparently planning to launch a political comeback in Peru, where he served two terms as president from 1990 until 2000. His government collapsed in a massive corruption scandal and he fled to exile in Japan.

Peruvian prosecutors want to try Fujimori on charges of embezzling $15 million and using excessive anti-terrorism measures -- including allegations of two massacres -- to crush Maoist rebel group Shining Path.

But many Peruvians still admire him for capturing Shining Path's top leaders and defeating its insurgency.



Canada court action presses Ottawa to obey Kyoto
Legal World News | 2007/09/20 09:19

A legal action launched yesterday urges the Federal Court of Canada to force the federal government to live up to its obligations to reduce greenhouse-gas emissions under the Kyoto Protocol. The application alleges that an emission-reduction plan filed by the government last month fell so far short of meeting Canada's Kyoto commitments that it flouts previous legislation binding the government to strict targets.

"The Plan explicitly does not aim at complying with the Kyoto Protocol, and therefore does not conform to the requirements of the Act," lawyers Chris Paliare and Andrew Lokan wrote in the application, filed on behalf of Ecojustice Canada and Friends of the Earth Canada.

"On its terms, the Plan provides that emissions of greenhouse gases will far exceed the levels required by the Kyoto Protocol," they said.

A Federal Court judge could theoretically respond to the application by ordering the government to file a new plan that is in keeping with the Kyoto Protocol.

"In this particular case, even though the Act is highly complicated, there are key aspects of the fudged implementation plan that does indicate a 'thumbing of the nose' against the law," University of Ottawa law professor Errol Mendes said in an interview. "If the Ecojustice lawyers can keep it simple, there is a sound basis for seeking a declaration that the government is not complying with its own Act," Prof. Mendes said.

He said the case is particularly interesting because the country may be on the verge of a succession of minority governments. "If we have legislation on more than one area passed by the combined numbers of the opposition, can the minority government just ignore the law passed by Parliament or fudge any mandate to implement it by regulation?" Prof. Mendes said.

Several legal precedents exist in which courts forced provinces or the federal government to respect its own environmental legislation, according to Albert Koehl, a lawyer for Ecojustice.

"The court is not going to be stepping into the shoes of the Minister of the Environment or the Prime Minister," Mr. Koehl said in an interview. "It would simply look at whether the plan complies with the Act."

Mr. Paliare said the case boils down to whether a government can blithely ignore its own legislation: "This case is about being accountable to the will of Parliament," he said.

Garry Keller, director of communications for federal Environment Minister John Baird, said in a statement the department would have no comment on cases before the courts.

The Conservatives have consistently maintained that years of inaction on the part of their Liberal predecessors makes it impossible to meet the targets without serious consequences for the economy.



EU court dismisses Microsoft antitrust appeal
Legal World News | 2007/09/19 12:08
Microsoft's appeal of the record €497 million fine imposed on it by EU regulators was comprehensively rejected by Europe's second-highest court Monday.

In a landmark ruling, the European Union's Court of First Instance backed the European Commission's 2004 decision to fine Microsoft and order the software giant to change its Windows operating system to make it more compatible with rival systems.

The 248-page judgment comes after nine years of legal wrangling over Microsoft's near-monopoly of the software market and its ability to muscle rivals out of the market.

The ruling's immediate impact probably is negligible because Microsoft already had paid the $613 million fine and, as ordered years ago, has been selling a version of its Windows software without the Media Player that has been the focus of complaints for about a decade.

Broadly, though, some observers worry about an EU that might be too quick to overregulate free markets, especially with Apple scheduled this week to defend its dominant iTunes online music store from complaints that sound similar to those leveled against Microsoft.

EU regulators also are looking at the way Intel prices its microchips and are mulling the proposed Google acquisition of DoubleClick.

Such concerns of overregulation prompted Assistant U.S. Attorney General Thomas Barnett to warn Monday that the Microsoft ruling, "rather than helping consumers, may have the unfortunate consequence of harming consumers by chilling innovation and discouraging competition."



2 in UK in court on terrorist charges
Legal World News | 2007/09/19 10:09
Two people appeared in court Wednesday after being charged with terrorist offenses.

Raingzieb Ahmed, 32, charged with three counts, spoke only to confirm his name and age during a five-minute hearing at London's City of Westminster Magistrates Court.

A 17-year-old from Dewsbury, England, who faces two counts, also spoke only to confirm his identity during a separate appearance.

Ahmed was arrested at Heathrow Airport in London on Sept. 7 after returning from Pakistan, where he had been held on suspicion of militancy, Greater Manchester police said.

He was charged with directing activities of a terrorist organization, possession documents useful to terrorists and possession of a rucksack containing traces of explosives allegedly for terrorist purposes.

District Judge Timothy Workman ordered Ahmed held pending an appearance in Central Criminal Court on Oct. 5.

The 17-year-old, who cannot be identified, was arrested Sept. 11. Workman adjourned the case for one week when the suspect is to return to court.

He is accused of possessing quantities of potassium nitrate and calcium chloride, which he allegedly intended to use for terrorism.

The second charge involves the possession of a document, the "anarchist's Cookbook," which would be useful in preparing for a terrorist attack.



Russia warns against Iran war
Legal World News | 2007/09/18 13:26
Russia expressed worry Tuesday over the possibility of war with Iran as French Foreign Minister Bernard Kouchner pressed for tougher sanctions against the Islamic Republic's nuclear programme. Foreign Minister Sergei Lavrov emphasised Russia's "concern" over "multiple reports that military action against Iran is being seriously considered. It's hard to imagine what that could do to the region." Kouchner called for "working on precise sanctions" and added that France and Russia had differences on the issue.

However, the French foreign minister also said that "everything should be done to avoid war."

"War is the worst that could happen," he said. "Everything should be done to avoid war. We have to negotiate, negotiate, negotiate -- without cease, without rebuff."

His comments appeared aimed at quieting an uproar over his statement Sunday that the world should prepare for a possible war with Iran -- a warning Iranian President Mahmoud Ahmadinejad dismissed Tuesday as fanciful.

Kouchner blamed the media for distorting his statement that "we have to prepare for the worst, and the worst is war."

"As usual with journalists, they take one phrase and you don't know what came after," he told Russia's Echo of Moscow radio late Tuesday.

"They're saying: Bernard Kouchner wants war. But it's not true. It's a manipulation. I don't want war, I want peace."

The Russian and French ministers met ahead of a UN Security Council meeting on Friday that may impose new sanctions against Tehran for its controversial uranium enrichment activity.

Ahmadinejad dismissed talk of war in comments to journalists in Tehran on Tuesday.

"We do not take these declarations seriously. Comments to the media are different to the real positions," he said.

Tehran vehemently denies US accusations it is seeking an atomic weapon, saying its nuclear drive is aimed at generating electricity.

Russia, which is building Iran's first nuclear reactor in the southern Russian city of Bushehr, has consistently warned against attacking the Islamic republic.

In an interview published just ahead of the Kouchner-Lavrov meeting, Russian Deputy Foreign Minister Alexander Losyukov warned that a "bombing of Iran would be a bad move that would end with catastrophic consequences."

The United States has never ruled out using military strikes to punish Iran for defying UN Security Council demands that it halt its enrichment activity. US Defense Secretary Robert Gates said on Sunday that "all options are on the table."

Iran has said it would never initiate an attack but would respond with crushing force if the United States launched a strike on its territory.

Kouchner is set to fly to Washington on Wednesday to take up the issue with US Secretary of State Condoleezza Rice.

Fearing possible military action, Moscow has drawn up plans to evacuate its nuclear experts from Bushehr in the event of a conflict, deputy foreign minister Losyukov said.

He stressed in an interview with daily Vremya Novostei that the use of force would only "worsen the situation in the Middle East" and "bring a very negative reaction from the Muslim world."

On Monday, the UN atomic agency chief warned against the hasty use of force in the Iranian nuclear dispute but dismissed the French comments about possible war as "a lot of hype."

"We need always to remember that use of force could only be resorted to when ... every other option has been exhausted. I don't think we are at all there," ElBaradei told reporters at a conference of his International Atomic Energy Agency (IAEA).

"There is a UN charter and there are rules for the international use of force," ElBaradei said.

Iranian Vice President Reza Aghazadeh told the general conference of the IAEA's 144 member states that Western countries "have always chosen the path of confrontation instead of the path of understanding and cordial relations toward the great nation of Iran."



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