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Egypt cleric claims CIA torture in 2003 rendition from Italy
Legal World News | 2007/02/26 05:02

Egyptian cleric Osama Moustafa Hassan Nasr said in a live television interview with Al Jazeera Sunday that he was "savagely tortured by the CIA when kidnapped" and taken from Milan to Egypt in 2003. Nasr, who has been at the heart of Italian judicial proceedings against US and Italian intelligence agents implicated in his alleged kidnapping, did not say in the interview whether he was tortured during his four years of Egyptian imprisonment, although he alleged that previously. He also personally revealed plans previously disclosed by his lawyer to sue former Italian Prime Minister Silvio Berlusconi [JURIST news archive] for his participation in the abduction, as well as plans to seek monetary compensation from the US for his suffering.

Nasr was released from prison earlier this month. The US State Department has refused to comment on his case.



World court finds Serbia innocent of genocide charge
Legal World News | 2007/02/26 04:58

SERBIA did not commit genocide against Bosnia during the 1992-5 war, the United Nation's highest court has ruled in a landmark case - but it said that the country had violated its responsibility to prevent genocide.

Bosnia had asked the International Court of Justice (ICJ), based in The Hague, to rule on whether Serbia had committed genocide through the killing, rapes and ethnic cleansing that overtook Bosnia during the war.

It was the first time a sovereign state had been tried for genocide, outlawed in a UN convention in 1948 after the Nazi Holocaust of the Jews.

A judgment in Bosnia's favour could have allowed the country to seek billions of pounds of compensation from Serbia.

Judge Rosalyn Higgins, the ICJ president, said the court concluded that the 1995 Srebrenica massacre of thousands of Bosnian Muslim men and boys did constitute genocide, but that other mass killings of Bosnian Muslims did not.

But she said the court ruled that the Serbian state could not be held directly responsible for genocide, so paying reparations to Bosnia would be inappropriate even though Serbia had failed to prevent genocide and punish the perpetrators.

"The court finds by 13 votes to two that Serbia has not committed genocide," she said. "The court finds that Serbia has violated the obligation to prevent genocide ... in respect of the genocide that occurred in Srebrenica."

Some 8,000 Muslims from Srebrenica and surrounding villages in eastern Bosnia were killed in July 1995. The bodies of almost half of them have been found in more than 80 mass graves nearby.

Radovan Karadzic, the Bosnian Serb wartime leader and his military commander, Ratko Mladic, both accused of genocide over Srebrenica, are still on the run.

Reacting to the ruling in Belgrade, the Serbian president, Boris Tadic, urged the country's parliament to condemn the massacre. "For all of us, the very difficult part of the verdict is that Serbia did not do all it could to prevent genocide," he told a news conference.



International Court To Rule On Yugoslav Genocide Case
Legal World News | 2007/02/25 18:04

The International Criminal Court in The Hague is scheduled to rule Monday on the genocide suit filed in 1993 by Bosnia-Herzegovina against Yugoslavia.

Basing its charges on the 1948 United Nations Convention on Genocide, Bosnia brought the case before the United Nations high court demanding damages.

In the 1990s, Serb-dominated Yugoslavia moved militarily against its regions that were seeking independence. Serbia stands as the accused since the disintegration of Yugoslavia.

The case is the first in which the UN court will apply the 1948 convention.

The Bosnian genocide case is not connected with trials by the International War Crimes Tribunal in The Hague, before which individual war crimes suspects must personally answer. The tribunal, which has already ruled that the 1995 massacre of Bosnian Muslims in Srebrenica was genocide.



US rejects international call to ban cluster munitions
Legal World News | 2007/02/25 06:14

The United States Friday rejected an international call to ban the use of cluster munitions by 2008. State Department spokesperson Sean McCormack told reporters at a daily press briefing that the United States "takes the position that munitions do have a place and a use in military inventories, given the right technology as well as the proper rules of engagement." McCormack emphasized that the United States has spent "about a billion dollars" in the past decade to clean up "unexploded munitions all around the world." Meanwhile Friday, UN Secretary-General Ban Ki-moon encouraged "all progress to reduce and ultimately eliminate the horrendous humanitarian effects of these weapons." Ban also called on the parties to the Convention on Certain Conventional Weapons (CCW) to reexamine the "reliability... technical and design characteristics of cluster munitions with a view to minimizing their humanitarian impact."

Earlier Friday, 46 of 49 countries participating in the two-day Oslo Conference on Cluster Munitions agreed to an action plan to develop a new international treaty to ban the use of cluster munitions by 2008. Romania, Poland and Japan refused to sign the Oslo Declaration. The United States, Russia, Israel, and China chose not to attend the conference. Cluster munitions are considered by many to be inaccurate weapons designed to spread damage indiscriminately and could therefore be considered illegal [CMC backgrounder] under multiple provisions of Protocol I of the Geneva Conventions (1977).



S Korea to retake military command
Legal World News | 2007/02/24 09:36

The United States will hand back wartime operational control of South Korea's armed forces in 2012. The deal reached between Robert Gates, the US defence secretary, and Kim Jang Soo, his Korean counterpart, will end a command arrangement that has been in place since the 1950-1953 Korean War.

Under the deal announced on Friday, the current ROK (South Korea)-US Combined Forces Command, which is headed by a US general, will be disbanded, and American forces in the country will move into a supporting role.
 
"The agreement will serve as a key launching pad for a take-off in the South Korea-US alliance, praised as the most successful bond in the past 50 years," the South Korean president's office said in a statement.

The United States, stretched by engagements in Iraq and Afghanistan, had hoped to transfer command as early as 2009, but ultimately agreed to South Korea's insistence that responsibilities be shifted at a slower pace.



Survivors await UN court's Bosnian war ruling
Legal World News | 2007/02/24 09:28

Survivors and relatives of victims of the Srebrinica massacre are on their way to The Hague for a ruling on a demand to hold Serbia accountable for mass killings during the Bosnian War. The case, brought by Bosnia, has been described as one of the most significant in the International Court's history. "We've been waiting a long time, and now we want to go there and witness justice for ourselves," said one woman boarding a bus in Sarajevo for The Hague. "We have been deceived many times before and now we want justice, finally," another said.

The UN Court in The Hague opened the case last year, 13 years after Bosnia first sued what remained of the Yugoslav state from which it broke away in 1992. At least 100,000 died in the ensuing conflict. Bosnia says modern-day Serbia should pay billions of euros in compensation for the genocide and other war crimes committed against Bosnian Muslims during the fighting.

The most notorious episode came at Srebrinica when around 8,000 Bosnian men were massacred. Serbia's lawyers have argued the case between two multi-ethnic states does not reflect a war fought along ethnic lines. The ruling is expected on Monday.



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