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Spain judge says Bush should face war crimes charges
Legal World News | 2007/03/21 15:48

Baltasar Garzon, an investigating judge for Spain's National Court, said Tuesday that President George W. Bush and his allies eventually should face war crimes charges for their actions in Iraq. In an opinion piece for El Pais, Garzon called the war in Iraq "one of the most sordid and unjustifiable episodes in recent human history." Garzon also criticized those who joined the US president in the war against Iraq as having equally responsible for joining the war effort despite their doubts. In 1999, Garzon tried to extradite former Chilean dictator General Augusto Pinochet from Britain and try him for crimes against humanity.

On Sunday, ICC Chief Prosecutor Luis Moreno-Ocampo said President Bush and UK Prime Minister Tony Blair may one day face war crimes charges before the International Criminal Court (ICC) at The Hague. Moreno-Ocampo said that the ICC could investigate allegations of war crimes stemming from the conduct of coalition forces in Iraq, so long as Iraq agrees to ratify the Rome Statute and accede to ICC jurisdiction.

In an opinion piece in the newspaper El Pais, published on the fourth anniversary of the U.S.-led invasion, Spanish judge Baltasar Garzon said the war was "one of the most sordid and unjustifiable episodes in recent human history".

"We should look more deeply into the possible criminal responsibility of the people who are, or were, responsible for this war and see whether there is sufficient evidence to make them answer for it," Garzon wrote.

"There is enough of an argument in 650,000 deaths for this investigation and inquiry to start without more delay," he said.

Garzon, who became famous in 1999 when he tried to extradite Pinochet from Britain and try him for crimes against humanity, was particularly critical of the former Spanish government, a major backer of the Iraq invasion.

"Those who joined the U.S. president in the war against Iraq have as much or more responsibility than him because, despite having doubts and biased information, they put themselves in the hands of the aggressor to carry out an ignoble act of death and destruction that continues to this day," he said.

In February, Spain's former leader Jose Maria Aznar said he now knew Saddam Hussein had no weapons of mass destruction but "the problem was not having been clever enough to know earlier."

Garzon wrote: "If he didn't know enough, he should be asked why he didn't act prudently, giving United Nations inspectors more leeway instead of doing the opposite in total submission and fidelity to President Bush."

Gaspar Llamazares, head of the left-wing party Izquierda Unida, said he would present a motion to the Spanish parliament that leaders behind the war should face international tribunals.

"People cannot be allowed to make decisions that cause hundreds of thousands of victims, fail to recognise their errors and not have to answer to a court," said Llamazares, whose party is allied to the ruling Socialist party.

Garzon, who took a sabbatical last year to study international terrorism, said the Iraq war had helped incite hatred and garner more support for terrorist training camps.

"In some way, with a terrible lack of awareness, we have been and are helping this monster grow more and more and strengthen by the minute so it is probably invincible," he said.



Ex-Saddam VP faces Iraq execution
Legal World News | 2007/03/19 21:12

Former Iraqi Vice President Taha Yassin Ramadan will be hanged Tuesday, according to Iraqi legal sources quoted by wire services Monday afternoon. The Iraqi government has scheduled the execution despite defense lawyers' contention that the government must wait at least 30 days after sentencing to execute a defendant. Ramadan, found guilty with Saddam Hussein of crimes against humanity by the Iraqi High Tribunal (IHT) in November for his role in the reprisal killings of 148 Shiites at Dujail, lost an appeal of his sentence last week. He was originally given a life sentence, but after intervention by the appeals panel the trial court in February ordered the death penalty.

Following the failed appeal Ramadan's Rome-based lawyer Giovanni Di Stefano sent a letter to Gen. David Petraeus, commanding general of the Multi-National Force Iraq, urging him to intervene and prevent Ramadan's transfer from US to Iraqi custody. Di Stefano has also petitioned Iraqi President Jalal Talabani, who has expressed opposition to the death penalty, to intervene and commute Ramadan's sentence. In an e-mail to JURIST late Monday, Di Stefano, formerly one of lawyers representing Saddam Hussein, said he had already moved to prosecute Saddam trial chief judge Rauf Rasheed Abdel-Rahman in the UK after he was alleged to have sought asylum there, and would "prosecute any and all that have been involved in the execution of my clients."

Last week, UN Special Rapporteur on the independence of judges and lawyers Leandro Despouy urged the Iraqi government not to execute Ramadan because of "grave shortcomings" in his legal process. In February, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Phillip Alston also called on the government to suspend the execution because of judicial misconduct.



Lawyer to Appeal Pearl Case Conviction
Legal World News | 2007/03/19 16:15

The lawyer for a man convicted of killing Wall Street Journal reporter Daniel Pearl said Sunday he will file an appeal using an al-Qaida lieutenant's recent confession that he beheaded the reporter. Khalid Sheikh Mohammed, who has claimed that he planned the Sept. 11, 2001, attacks, claimed at a U.S. military hearing at Guantanamo Bay, Cuba, that he personally beheaded Pearl for being an Israeli intelligence agent.

"I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan," Mohammed told a military panel, according to a Pentagon transcript released Thursday. "For those who would like to confirm, there are pictures of me on the Internet holding his head."

In 2002, an anti-terrorism court in Karachi sentenced Ahmed Omar Saeed Sheikh, a British-born militant, to death and gave three other men life in prison for involvement in Pearl's killing.

Rai Bashir a lawyer for Sheikh and the other three men said on Sunday that he will study the Pentagon documents on Mohammed's claim and file his confession as evidence to prove Sheikh's innocence.



Israel will limit Palestinian talks
Legal World News | 2007/03/19 05:17

The Israeli cabinet voted Sunday to limit talks even with moderate Palestinian officials to shared security and humanitarian concerns, ruling out a formal peace process until the new Palestinian government recognizes Israel and renounces violence.
 
In officially rejecting the Palestinian unity government that was sworn in over the weekend, the cabinet also stated that "Israel expects the international community to maintain the policy it has taken over the past year of isolating the Palestinian government."

The vote was unanimous, with two cabinet members from the Labor Party, including the only Arab minister, abstaining.

"This is a government that does not accept the conditions of the international community," Israeli Prime Minister Ehud Olmert said.

The new Palestinian cabinet includes rival political parties and has pledged to respect previous agreements that recognize Israel, unlike the previous cabinet in office since the radical Islamic movement Hamas took control of the government nearly a year ago.

But it continues to be led by Prime Minister Ismail Haniyeh of Hamas, and its political program falls short of renouncing violence and explicitly recognizing Israel, the conditions for resumption of foreign aid.

Most international donors cut off economic aid after Palestinian voters chose Hamas to run the Palestinian Authority in January 2006.

Unemployment and poverty have increased in the territories since then, and about 130 Palestinians have been killed over the past year in a violent power struggle between Hamas and the rival Fatah movement.



Iraq court endorses death for ex-official
Legal World News | 2007/03/16 18:52

An Iraqi appeals court Thursday endorsed the death sentence of Taha Yassin Ramadan, vice president under Saddam Hussein. The Court of Cassation had previously overturned the criminal court's original verdict that sentenced Ramadan to life in prison, saying he, like Saddam Hussein and two other former aides, should be put to death. The court amended the verdict to death and the cassation court Thursday approved it.

Saddam was hanged in December, while his half brother Barzan al-Tikriti and Awad al-Bandar, former head of the Revolutionary Court, were executed in January on charges of killing 148 people in the Shiite town of Dujail following a foiled assassination attempt against the former president in 1982.

Now Ramadan is expected to be hanged within the next 30 days.

Meanwhile, officials in Baghdad announced the death of former National Assembly speaker Saadoun Hammadi, presumably while in custody. Mohammad Hamza al-Zubaidi, the former deputy prime minister under Saddam's regime, died of a reported heart attack last year while in U.S. custody in Iraq.



German court: Anti-Nazi swastika OK
Legal World News | 2007/03/16 15:15

A German court has ruled that it is legal to sell anti-Nazi T-shirts that use the swastika.

A lower court had ruled that Jurgen Kamm, who runs a business called "Nix Gut" or "Nothing Good," was in violation of a law against displaying the swastika, giving the Hitler salute or wearing Nazi uniforms. He was fined almost $5,000.

Kamm, who describes himself as left-wing, sells T-shirts, badges and bumper stickers that bear a swastika with a red slash through it or show someone putting a swastika in a garbage can.

The Federal Court of Justice in Karlsruhe found that his wares "clearly and unambiguously" carry an anti-Nazi message, Deutsche Welle reported.



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