Saddam Hussein Executed

CNN is reporting that Saddam Hussein's execution was carried out about 10-15 minutes ago. I'm sure there will be plenty of stories up soon. A last minute attempt to have a US court order a stay of execution failed earlier today.

UPDATE: Here is a video of Hussein being placed in the noose. It is a bit creepy, but somehow it just seems fitting.

Hussein Execution Could Be "Very Shortly"

All signs point to Saddam Hussein being executed in the very near future, as soon today. Stay tuned, as I have a feeling stories of his death will be hitting the net within hours.

Saddam's Final Days: Hanging No Later Than Saturday

It is being reported that Prime Minister Nouri al-Maliki has signed Saddam's (AP photo) death sentence and that Iraqi officials see no reason for delay. In response to an outcry from the defense team and some international observers that the trial was unfair and the execution should be delayed, al-Miliki said "Our respect for human rights requires us to execute him, and there will be no review or delay in carrying out the sentence."

It looks like this sad chapter in Iraq's history is coming to an end, while another rages on. I am glad that Saddam was removed and will be punished for his acts, but what a mess the US-led coalition has made of Iraq...

Looking For Another Writer/Contributor

Hello to whoever may still read this blawg. As you may have noticed there have not been a lot of posts on here recently. I am extremely busy preparing for the Jessup International Moot Court right now, so I do not have a lot of time to update the blawg. So, if anyone out there is interested in helping me out please email me at paul.m.townsend@gmail.com. Thanks!

Saddam Hussein to be Executed Within 30 Days

Saddam Hussein's death sentence has been upheld and an appeals court has held he must be executed within 30 days. Hussein has no further appeals and it appears that he is about out of options.

Several observers had called the original decision flawed, including Human Rights Watch and International Center for Transitional Justice, but the tribunal was backed by the Iraqi and US governments so the decision will stand.

I for one am not the least bit saddened by the news, as Saddam was an evil tyrant that violated the human rights of many of his own people. Such a person does not deserve sympathy, and there really are no questions about his guilt.

Syria vs. Israel?

The other day I mentioned an article which raised the possibility that there could be war between Israel and Syria in 2007. I had not heard that anywhere else, so I did not really think much of it. However, thanks to an anonymous poster, I see that both Syria and Israel think they can win such a war. Scary.

2007: War in Iran or Syria?

Earlier this morning I wrote that I could not see a scenario where the US went into Iran, but maybe I am too trusting that someone in the administration has a brain. Some feel that the US will join Israel and Great Britain in taking on Syria and Iran. Robert Parry is one of those people. Here is a taste of what he thinks may happen in 2007:

In early 2007, the revival of this neoconservative strategy of using the Israeli military to oust the Syrian government and to inflict damage on Iran’s nuclear program may represent a last-ditch – and high-risk – gamble by Bush and the neocons to salvage their historic legacy.

If that is the case, then Bush will approve “the surge” in U.S. forces into Iraq, which likely will be followed by some provocation that can be blamed on Syria or Iran, thus justifying the expanded war.

Civil Liberties, the War on Terror and Presidential Power

If you have never been to Balkinization you should. They have a lot of great posts on the blawg by a host of different authors. They recently organized some of their posts from the past year on civil liberties, the war on terror and presidential power, so if you have an interest in these areas check it out.

The Anti-Torture Memos: Balkinization Posts on Civil Liberties, the War on Terror and Presidential Power

Part I-- Civil Liberties

Part II-- Presidential Power and Constitutional Structure

Part III-- Torture and the "Torture Memos"

Part IV– The NSA Controversy and Government Surveillance

Part V-- Hamdan

Part VI-- The Military Commissions Act of 2006



Miscellaneous Posts

Posts by Guest Bloggers

Iran Vows to Continue Nuclear Program

Following the UN Security Council's decision to sanction Iran for continuing to enrich uranium, President Mahmoud Ahmadinejad (pictured) said the West would regret it, although he did not give any specific reasons why. He also said the UN needs to accept Iran's program and that the sanctions would not hurt the country. I was thinking the same thing about the sanctions yesterday, and the US Ambassador admitted as much when he said that the sanctions were really a warning and that they would push for stronger measures if needed (and they will be).

In order to reach a unanimous vote as required, concessions had to be made to get the sanctions passed. Russia requested several changes which made the sanctions quite weak. There are a few articles about this here and here.

Lastly, it appears that Iran will no longer cooperate with the International Atomic Energy Agency. This should come as no surprise since it is a UN agency.

I think Iran will continue to be as difficult as possible and drag this issue out for as long as possible. With their connections to Russia and China, they know they are in no real danger in regards to the UN. I do not see any scenario, outside of Iran actually using nuclear weapons, where a military force goes into Iran. The US and Great Britain are taking a lot of heat at home and around the world for Iraq right now, to go into Iran would be political suicide. Additionally, I don't think they want to turn the rest of the Muslim world against them.

UN Approves Iranian Sanctions

The Security Council unanimously approved sanctions against Iran for continuing to enrich uranium. As a result, all countries are to withhold supplies and technology that would assist in nuclear and missile programs. Additionally, assets of key companies and persons involved in Iran's nuclear programs will be frozen.

Not surprisingly, Iran was quick to denounce the sanctions with Iranian Ambassador Javad Zarif saying, "A nation is being punished for exercising its inalienable rights." Iran still maintains that they are pursuing a nuclear program for peaceful means only, the production of nuclear power, but apparently no one else is buying that argument. Failure to comply with the UN demands could lead to more nonmilitary sanctions, and I think it will take more before Iran stops seeking to enrich uranium. The current sanctions just say that no one can help Iran and that some money will be frozen, not exactly harsh penalties.

UN Security Council Votes on Iranian Sanctions

The UN Security Council is meeting today to decide on sanctions for Iran's nuclear program. Check out the article for details and stay tuned for the exciting conclusion!

Sudan OKs UN Peacekeepers

After several rejected proposals the Sudanese government has agreed to a plan for a "hybrid" peacekeeping force consisting of UN and African Union troops. Khartoum has been very resistant to an international contingency, but at least they are allowing in some help. The region is in terrible shape, so hopefully an influx of manpower can prevent at least a few unnecessary deaths.

Iraqi Insurgents Offer Truce

The Mujahideen Shura Council, an umbrella group that includes several terrorist and insurgent groups, has offered the US a month-long truce in Iraq on the condition the US withdraw all of its troops.

If only it were that easy...

No Nuclear Deal with North Korea

After five days of discussions between the US and North Korea there is still no deal on North Korea's nuclear weapons program. North Koreans would not talk about the program at all, wanting only to remove US sanctions on the country. Assistant Secretary of State Christopher Hill, who represented the US in talks, said that North Korean negotiators appeared unauthorized to even speak about nuclear weapons.

I do not think this is a good strategy for North Korea. They are struggling economically and do not have a lot of political allies, although I suppose China is enough for now. The US is already frustrated with North Korea, and this latest refusal to discuss the nuclear weapons program amounts to a huge waste of time. It looks like the US will try again in "weeks, not months," according to Hill, but after another round of impasse, they may just say forget it.

An article by the BBC alludes to some of the frustrations the US, and other nations for that matter, are feeling about this latest failure. The pressure will continue to mount and I think North Korea will have no choice but to give in. Then again, Kim Jong-il has shown repeatedly that he is not very concerned with the suffering of his own people. The world will have to find a way to hurt him directly or nothing will change.

Ugandan Rebel Ready to Face Justice

Ugandan rebel leader Joseph Kony has said he is ready to face justice in Uganda. Unfortunately, he is still wanted by the ICC, so he will not come out of hiding for fear of ICC arrest warrants. Ugandans had hoped the ICC would drop the charges against Kony so that he will agree to a peace deal, but thus far the ICC has refused.

The ICC appears to either be stubborn or cautious. They may want to try the case because they feel it is strong and would give them a much needed boost. Or, they may want to ensure that Kony is actually tried in Uganda before dropping the charges and having to start all over again. Unfortunately, Ugandans continue to suffer in the meantime.

Related Post here.

Germany Wants Tougher EU Policy On Russia

When Germany takes over the EU Presidency in January they will push a new Russian agenda meant to face human rights violations and the rule of law. These changes are being proposed to address

the erosion of human rights, the murder of a prominent journalist and the use of energy as a political weapon under President Vladimir Putin.

The EU, and Germany in particular, is taking a big risk here because of Russia's global power and influence. For example, the EU is pushing for independence for Kosovo from Serbia and needs Russia to agree because of its position on the UN Security Council. It will be very interesting to see if the EU follows through with this policy and if Eastern Europe supports the EU or Russia.

US Indicts Mexican Drug Lord

The US has indicted Francisco Javier Arellano Felix (AP photo), a Mexican national, for his acts as the head of a Mexican drug cartel. The indictment alleges he ordered kidnappings and killings, including beheadings of police officers, in California.

His lawyers are claiming that Arellano Felix was captured in Mexican waters, and therefore he should be released. US and Mexican officials say he was taken in international waters, so extradition is not necessary. Therefore, he is eligible for the death penalty, with Attorney General Alberto Gonzales having the final say on that matter (well, not really...).

The San Diego Union-Tribune has more here.

Bush Signs H.R. 6111

President Bush signed H.R. 6111 (a.k.a. The Tax Relief and Health Care Act of 2006) today. Included in this bill are several sections relating to trade law. Among these is a tax break for some labor and capital investments in Africa. There are also sections applicable to trade with Haiti, Peru, Columbia, Ecuador and Bolivia. Vietnam is also granted permanent normal trade relations, so lets here it for them.

Head on over to International Trade Law News for more details, and if you would like to read the actual text you can do so here. But be warned, it is a big file.

Dutch Man Faces Extradition to US for Terror Charges

A Dutch court rejected Wesam al Delaema's latest attempt to avoid extradition to the US and face the first US trial for terror charges stemming from Iraq. Al Delaema's attorneys had argued that the US had no right to try him, that they would torture him and that the US justice system could not be trusted. The US argued that al Delaema will be tried in a federal court and can serve his sentence in the Netherlands, and the Dutch court felt this was enough. They held that they had no reason to believe the US would not keep its word or deny al Delaema fundamental rights.

I am not sure if I trust the US Justice Department as much as the Dutch court, but I think they probably got this one right. There is enough evidence that al Delaema, an Iraq native, participated in terrorist acts (as defined by the US). Al Delaema filmed a video planting roadside bombs which was found at his home and gave an interview on Dutch television decrying the US where he stated "I don't care if I myself die or not. I want to offer myself up for my land, for my people." He claims he was forced to make the video and his family says the interview was a joke.

Meanwhile, I still wonder how it is considered terrorism to protect your homeland from a foreign invader at any cost. Can we really expect these people that are not part of a governmental army to follow the laws of war? It is no shock to me that they fight back by any means necessary. I am not saying I necessarily agree with it and hate to see it, but at the same time, the US has been over there for over three and a half years. I only hope that Richard Gates can turn this thing around quickly, as things seem to be getting worse by the day.

International Extradition Blog has a bit more on the story here.

US and India Sign Nuclear Deal

President Bush has signed off on a deal that will allow India to buy nuclear reactors and fuel after a 30 year ban. The deal must now be approved by the Nuclear Suppliers Group, the International Atomic Energy Agency and then again by the US Congress.

The deal promises to bring the US and India closer, but critics say it undermines US efforts to prevent nuclear weapons and could lead to more proliferation by China and Pakistan, India's nuclear rivals. One US Representative said the deal "may well become the death warrant to the international nuclear nonproliferation regime."

I think there are some real concerns here. Anytime you are dealing with nuclear technology there can be abuse. I only hope that the US will closely monitor India's use of these nuclear reactors and the fuel. Other nations must be reassured that this deal is for energy uses only, not weapons, to prevent an arms race. Anything less will be a huge disservice to the world community by the US.

Libya To Execute HIV Nurses and Doctor

A Palestinian doctor and five Bulgarian nurses (pictured) were convicted today of intentionally infecting 400 Libyan children with HIV. Bulgaria condemned the decision, as they believe the children were infected before coming to the hospital.

The medical workers had been convicted before, but the case was retried after international observers declared it unfair. The retrial was also criticized, however, with Francois Cantier of Laywers Without Borders stating the need for scientific evidence. Research suggests that the children were infected before the defendants began working at the hospital.

Meanwhile, a group representing the children was very pleased with the verdict. They did not feel that scientific evidence should come in because the workers used a "genetically engineered" virus on behalf of foreign intelligence agencies.

Europe and the US have called for the prisoners release, and this verdict is likely to strain relations between Libya and the West more. It should also have a chilling effect on foreign aid to the country, which is unfortunate for all those in need.

Palestinian President Pressing For Elections

Palestinian President Mahmoud Abbas continues to push for early elections. Abbas is hoping to get the ruling Hamas party out of power in an effort to lift sanctions. The West is backing Abbas, as he seeks a two-state system, whereas Hamas wants to destroy Israel. British Prime Minister Tony Blair appears to be on board:

"If the international community really means what it says about supporting people who share the vision of a two-state solution ... then now is the time for the international community to respond."

I am not sure if the two-state solution is going to work, but then again, what will work in that region? I guess it is worth a shot anyway. They have been discussing the two-state solution for some time now though, so I would at least like to see them try it.

More Guantanamo Detainees Released

The Defense Department announced the release of 18 prisoners from Guantanamo Bay. There are still 395 prisoners held there, although I guess the US government would rather call them "detainees". The US has stated their intention to continue to hold these men and women, regardless of whether there is sufficient evidence or not, if they consider them to be a threat. US officials say one reason for the captivity is that detainees' home countries will not take them back. Does this mean they stay in Guantanamo forever?

Litvinenko Killed Due to Dossier?

Former Russian spy Alexander Litvinenko (pictured) may have been killed because he compiled a dossier on a very important Russian official. The information is thought to have been collected by Litvinenko for a British company that was considering a big business deal with a Russian company linked to the high ranking Kremlin member.

Meanwhile, Litvinenko's father says that Putin ordered his son's death to intimidate others who might have sensitive information. Others are calling Russia a terrorist regime for their history of political killings.

I hope that this story continues to be investigated fully. There is a lot of suggestion that this goes all the way to the top of the Russian government. Then again, it could all be unsubstantiated rumor. Either way, I think it is important to know what happened. If Putin really authorized or was involved, then he should be condemned by foreign governments.

First US Torture Law Case: Liberian Dictator's Son

A grand jury in Miami recently found there was enough evidence that Charles Taylor, Jr. (now legally known as Roy M. Belfast Jr.) can stand trial for torture, conspiracy to commit torture and using a firearm to assist in torture under a 1994 US federal torture law. This law has never been applied before, but Taylor is a perfect candidate as he is both a US citizen and currently in the US, even though the statute requires only one of the two. Taylor apparently tortured a man in Liberia, where his father was President, in 2002. Charles Taylor, Sr. is currently facing trial for human rights violations.

Liberian victims are very happy to see the US moving forward with this prosecution, and hope that other perpetrators will be dealt with in the future. I echo this sentiment and am glad to see human rights violators tried wherever they may be found. I cannot believe that this law has been in force for a dozen years and never used. In reading the article it appears that politics, among other things, have been responsible for its dormancy.

China Reacts to US Suggestion To Hurry Up

Imagine that, China didn't like the US telling them to speed up their economic reforms. Didn't see that coming...

Study Shows Foreign Defendants Lose More Than Domestic Defendants

A study making its way through the blogosphere shows that foreign defendants lose civil cases more often than domestic defendants. Looks like judges are a bit biased...

Ban Ki-moon Sworn in as New UN Secretary-General

Ban Ki-moon (Photo by Stan Honda, AFP/Getty Images) of South Korea was sworn in today as the 8th secretary-general of the United Nations. He will take office on January 1st and promises to repair the reputation of the organization that was damaged by corruption.

For more on Ki-moon check out a bio here.

US to China: Speed Up Economic Reforms

US Treasury Secretary Henry Paulson (pictured) is currently in China for two days of "strategic economic dialogue" between the two nations. He called the first day productive, but said that China has "just got to move quicker" in advancing its economic reforms. Among this issues being discussed are valuation of currency and intellectual property rights. It does not sound like much will actually be accomplished during the session, but at least the two nations appear to be working on the issues.

OPEC Discusses Oil Cuts

OPEC ministers agreed today to keep oil production at current levels, but cuts appear to be coming in February. Oil inventories are said to be too high, thus keeping the price down. Iran, Algeria and Venezuela are pushing for immediate reduction of production levels to drive the cost back up, while some other countries are taking more of a wait and see approach.

I mention this article not because it is really about international law, but due to the great influence oil has on global economics and politics. Many argue that the whole reason the US is in Iraq is because of oil. As industrialized nations continue to burn oil at a dizzying pace, the tensions between countries like the US and Iran and Venezuela could become more problematic. OPEC still has a great deal of influence on the price of oil and the countries inside the organization control an estimated 2/3 of the world's supply. As oil wells dry up in non-OPEC countries, the power OPEC wields will be even greater. For more about OPEC check out their site.

Germany Now Involved in Spy Poisoning Investigation

German investigators have discovered that the family and a car driven by Dmitry Kovtun (pictured), who met with the now deceased Alexander Litvinenko shortly before his death, have been contaminated with radiation. This is an important finding, because Kovtun spent a few nights in Hamburg before traveling to London. This suggest that Kovtun brought the polonium-210 which poisoned Litvinenko from Germany to London and may very well be the perpetrator of the crime.

Iran Holds Holocaust Conference

Iran is currently holding a conference on the Holocaust which was described as "shocking beyond belief" by British Prime Minister Tony Blair. The attendees are a variable who's who of white supremacists, Holocaust deniers, bigots and lowlifes.

For its part, Iran says they are just offering a forum for discussion of the Holocaust. In many European countries it is actually a crime to deny the existence of the Holocaust, so I can appreciate the freedom of speech aspect. However, when the Iranian President Mahmoud Ahmadinejad suggests that the Holocaust is a myth perpetrated to justify the state of Israel and the oppression of Palestinians I have to be a bit skeptical of the intentions of the conference.

" Annan chides U.S. in farewell speech"

Sorry everyone, I had a final this morning and am working on yet another, so I haven't had time today to update the blawg. Just thought you should check out the story above if you haven't had a chance to yet. Outgoing UN Secretary-General Kofi Annan took a few swipes at the current state of US foreign and human rights policies. Hopefully his comments will get a lot of press and force the current administration to take notice. I won't hold my breath though...

British Investigators Question Spy Poisoning "Witness"

Last Tuesday I mentioned that Russia would not allow British investigators to interview one of the main persons of interest in the radioactive poison death of ex-KGB spy Alexander Litvinenko. Today, however, British police were allowed to speak with Andrei Lugovoi (AP picture), another former KGB member. The British investigators had been in Moscow for a week trying to get the interview.

Lugovoi is quoted as saying that he was interviewed solely as a "witness". I am not sure if that means investigators have a different suspect, or if it is just being careful about pointing any fingers at this point.

British officials are also seeking to speak with Russian businessman Dmitry Kovtun, who may be seeking treatment for possible exposure to radiation. There is no word on when, if at all, he will be interviewed.

I am not sure what changed diplomatically, but apparently the British were able to pull the right strings or ease the Russian fears which were preventing the investigation. I am sure they will continue to tread lightly.

Related Post:
Russia: No Extradition of Spy-Poisoning Suspects

Global Warming and Human Rights

A recent report suggests that global warming could shrink the international economy by 20%. Without action, nearly 200 million people could become refugees when their homes are flooded or they are forced to leave because of drought.

Of course, poor countries are likely to be hit hardest by the climatic changes because of their reliance on farming, among other things. As Mary Robinson, former UN high commissioner for human rights says:

"There is strong evidence of the rich causing the problem, with the poor most adversely affected, and thus it is time that rich countries address their obligations to reduce climate change and mitigate its effects, including those beyond their borders."

Global warming is a serious problem, and it will be interesting to see how politics shape the issue over the next few years. One interesting case to follow will be Massachusetts v. Environmental Protection Agency which deals with issues of emissions and global warming.

Related posts:
Kyoto Protocol to be Reviewed

Former Chilean Dictator Pinochet Dies

UPDATED: New link, now to the AP story on his death.

The AP is reporting that former Chilean dictator General Augusto Pinochet died today at 2:15 p.m. (1715 GMT). This information comes from Santiago Military hospital where the 91-year-old was recovering from a recent heart attack.

It is unfortunate that Pinochet will never be tried for the crimes of his dictatorship, but at least he admitted he was responsible for many of the regime's atrocities shortly before his death.

For more on Pinochet, check out these related stories:
Pinochet Indicted For Executions
Pinochet Takes Responsibility

Trans-Dniester to Hold Presidential Elections

You are probably asking yourself, what is Trans-Dniester? Well, Trans-Dniester is a breakaway region of Moldova, heavily aligned with Russia. They are expected to elect Igor Smirnov, who has held the position since 1990 when the area broke free from Moldova.

Of course, no one will recognize the vote, but Russia called a recent referendum by Trans-Dniesterers (is that right?) to join Russia "free and fair." Russian soldiers apparently helped out in a 1992 civil war and have been present ever since, violating an agreement from 1999 to leave the area by 2002.

For more about Trans-Dniester check out this BBC article. Some say the region is a haven for criminals. One Moldovan analyst says "there is smuggling of alcohol, tobacco, human beings, drugs and it's a centre for illegal arms trafficking."

President Bush and the Power of Denial

President Bush (AP photo) said in his weekly radio show that the Iraq Study Group report released on Wednesday "explicitly endorses the strategic goal we've set in Iraq."

Meanwhile, Bush completely ignored the harsh criticisms of his administration's policies and handling of the war in Iraq. The report says the situation is "grave and deteriorating," but Bush says he will wait for reports from the Pentagon, State Department, and National Security Council before making any decisions about "a new course in Iraq."

Better not wait too long though Mr. President, as the report mentions "time is running out." Or did you ignore that part too?

While you are reading, check out this opinion piece here for a good laugh.

The Rise of China and Its Position in the International Community

The International Herald Tribune has an interesting article on China and its rise to international power. It discusses, among other things, China's role in international law and relations. This includes its position on the UN Security Council and the fact that the first Chinese person was recently elected head of the World Health Organization.

The article also points out that China is preparing to wield power militarily if diplomacy fails. The CIA believes the Chinese military receives two to third times more funding then reported. China is second only to the US in military spending.

Meanwhile, China has shown its willingness to protect human rights abusers in exchange for the raw materials needed to drive its burgeoning economy. One expert has stated China is second only to the US militarily, economically, and politically and that "China's fast growth in political and economic power will dramatically narrow its power gap with the United States."

It appears there is no slowing China's accession into a major global power, and I can only hope that there is not another Cold War type show down between the US and China in the future.

Hariri Tribunal Blocked by Lebanese President

Lebanese President Emile Lahoud (pictured) rejected a proposal by the Lebanese cabinet to form an international tribunal to investigate the assassination of former Prime Minister Rafik Hariri today.

Lahoud said the cabinet is unconstitutional and that he will reconsider the proposal when a constitutional body is formed. Part of the problem is that the pro-Syrian members of the Cabinet did not participate in the vote that approved the draft. Lahoud is pro-Syrian himself, and is aware that a recent UN investigation implicated Syria in Hariri's death. Therefore, I am sure Lahoud does not want to proceed with a tribunal that will investigate his political allies. Waiting until the cabinet is reformed to include more pro-Syrian members will potentially enable him to sweep the whole investigation under the rug.

For more background check out some related posts:
The Hybrid Lebanese Tribunal
Hariri Panel to Investigate Gemayel Assassination
Lebanon Supports UN Tribunal

Rumsfeld Says Abu Ghraib Abuses "Stunned" Him, but Did He Authorize Them?

In a farewell speech yesterday, outgoing US secretary of defense Donald Rumsfeld stated that his worst day of office was the day he heard about the abuses at Abu Ghraib. He also added, "I remember being stunned by the news of the abuse at Abu Ghraib."

Oddly enough, just a few weeks ago former US Army Brigadier General Janis Karpinski, who ran the prison for a time, alleged that Rumsfeld authorized the abuses.

With Rumsfeld facing possible civil charges in the US and criminal charges in Germany, were his comments Friday part of a defense strategy?

Turkey Offers to Trade with Cyprus

In a last minute move to salvage its bid to join the EU, Turkey has made an offer to trade with Cyprus. Unfortunately, the plan was immediately rejected by Cyprus and Greece so it does not appear that all is magically well in the region. Still, it was a necessary move by Turkey in the face of possible sanctions.

The offer will be considered by EU leaders who have been threatening to punish Turkey for its refusal to trade with Cyprus (see more about the dispute here and here). It appears quite clear that the EU is eager to bring in Turkey and desperately needed Turkey to make a gesture of good faith, even if it is a small one.

Wish me luck on my evidence final in an hour!

International Blawg on Break for Two Days

Hello to anyone that stops by and reads the blawg or has a subscription. I will have to take a break for the next two days because I am in the middle of finals. Please check in Friday though, I should be back in the swing of things then. Thanks.

Italian Prosecutor Seeks CIA Agents

Italian Prosecutor Armando Spataro (pictured) is seeking the indictment of 26 Americans and five Italians in connection with the 2003 kidnapping of Egyptian cleric Osama Moustafa Hassan Nasr. Of the 26 Americans, 25 have been identified as CIA agents. The kidnapping is believed to have been an "extraordinary rendition" (related post here).

It seems unlikely that the Italian government will follow through because of the diplomatic fallout that would surely follow, but it is worth noting that there is a new "center-left" government in place. Thus far, the Americans have for the most part been silent on the matter. I have a feeling they are hoping this just all goes away.

Fiji in State of Emergency

The military has taken over government buildings and shut down Parliament in Fiji. Meanwhile, the UN has demanded the government be restored and the UK and US have suspended aid. It appears that the coup will continue, despite international disapproval.

US and Iran: A Battle of Words over Sanctions

Iranian President Mahmoud Ahmadinejad warned EU nations today that "if you try, whether in your propaganda or at international organizations, to take steps against the rights of the Iranian nation, the Iranian nation will consider it an act of hostility."

These comments came in response to the US request that the UN Security Council follow through on its resolution demanding Iran stop enriching uranium. US assistant secretary o f state for international organization affairs, Kristen Silverberg, said that the resolution is binding international law that Iran stop enriching. "Iran has defied the international community in refusing to do so, and so we think it's important that we move this sanctions resolution as soon as possible," said Silverberg.

Russia and China have pushed for more negotiations and the EU seems to prefer that route as well. Stay tuned!

Iran Urges Expolsion of US Military in Middle East

Ali Larijani, Iran's top security official, pressed for Arab countries to expel US forces in the area from military bases. He also expressed Iran's desire to form alliances in the region without influence from the West. Check out the rest of his comments, including the one about the US being bullies. I do not think his comments are as far fetched as we would like to believe.

Iran is vying to become a major player in the Middle East, and while several of the region's countries have strong Western ties, I think the US needs to open a dialogue with the Iranians. Robert Gates' suggestion today that the US should include Iran in the discussions about Iraq is promising. Hopefully Bush will not cut off his nose to spite his face. We do not need any more enemies then we already have.

Iran Blocks Access to YouTube

The government of Iran has blocked internet access to YouTube.com for the past five days reports press rights group Reporters Without Borders. They also said that the New York Times and Wikipedia have been blocked recently, but this could not be confirmed. The groups says that "censorship is now the rule rather than the exception" in Iran.

Such censorship is really nothing new in places of the world like Iran. I supposed we should be happy that the government allows as much access as they do. I can only hope that we do not see the US go down this path, as some have advocated in the past. My favorite censorship moment might be when AOL tried to stop people from speaking Spanish.

Gates Says US not Winning War in Iraq

When asked in his Senate confirmation hearing if the US was winning the war in Iraq, defense secretary nominee Robert Gates (pictured) gave the obvious answer, "No". He also said that what happen in Iraq will "greatly influence global geopolitics for many years to come." Refreshingly, Gates realizes the importance of positive relations with other countries in the Middle East, including Iran and Syria. President Bush wants nothing to do with them, but maybe Gates can convince him that their influence is too great to continue on with the "us versus them" mentality.

I do not see how Bush can expect to form a democratic, pro-Western nation when it is bordered by anti-Western nations. Iraq is too fragile right now to ignore the strong sediments emanating from its borders. Heck, there is enough resentment of the West in Iraq as it is. Looks like it is back to the drawing board for a solution, a welcomed change for the "stay the course" rhetoric of the last year or so.

Fiji Coup Drawing Condemnation

It appears that the military coup in Fiji is meeting with a lot of international disapproval. Britain, Australia and New Zealand are among those that have spoken out against the takeover. Along with those countries, Fiji is a part of the Commonwealth, a group which "promotes democracy, the rule of law, good governance and human rights, as well as economic and social development." The secretary general of the Commonwealth said "the likelihood of Fiji being suspended is very high."

The coup has a lot to do with racial tensions, as the island is about 50% Fijian and 44% Indian. Some in Fiji believe Com. Bainimarama is doing the right thing and standing up for the minority Indians, while others feel a popular uprising could occur and bring down the coup. Only time will tell who is right.

If you are confused about what exactly is going on in Fiji, check out my previous posts here and here for some background.

Russia: No Extradition of Spy-Poisoning Suspects

Russian Prosecutor-General Yuri Chaika has announced that his country will not extradite suspects in the death of Alexander Litvinenko (pictured), a former KGB spy that died of radioactive poisoning in Britain. British investigators are looking into Andrei Lugovoi, another former KGB officer, who met Litvinenko on the day he was allegedly poisoned. Russia says that they will interview Lugovoi as part of its cooperative effort with Britain. Chaika insists that the polonium 210 which killed Litvinenko could not have come from Russia, but if any Russians were involved they would be tried in Russia.

Russia's words contrast with those of British Prime Minister Tony Blair who said politics and diplomacy would not interfere with the investigation. British Home Secretary John Reid also said politics would not get in the way and that "Russian authorities had promised their full support." Hmm, promising not to extradite, insisting the polonium could not have come from Russia before investigating completely and offering to interview Lugovoi for them? Yep, sounds like full support to me. Absolutely no political or diplomatic problems here.

Oh yeah, did I mention that Litvinenko wrote a book describing Vladimir Putin's ascension to President as a coup d'état? Or that he said the government bombed apartment buildings in Moscow and other Russian cities, then blamed them on Chechen rebels so Russia could use military force in Chechnya? Clearly there is nothing for Russia to cover up.

Pakistan Willing to Relinquish Kashmir Claim

President Pervez Musharraf said Pakistan would give up on its claim to the Kashmir region (see picture for disputed territory) if India were to do the same. This would end a conflict that stems back to the founding of India and Pakistan following British rule (for more on the conflict check out wikipedia).

Musharraf laid out a plan which he believes will produce a peaceful resolution.

The four solutions he said were as follows: (1) Kashmir will have the same borders but people will be allowed to move freely back and forth in the region; (2) The region will have self-governance or autonomy, but not independence; (3) Troops will be withdrawn from the region in a staggered manner and (4) A joint supervision mechanism will be set up, with India, Pakistan and Kashmir represented.

Musharraf also made it very clear that he was against independence for the region, and feels that India is as well.

I hope that the two nations can come together on a plan much like Musharraf's. If nothing else, it is nice to see a discourse open up again. There have been several wars fought over the territory and it is currently an area of much unrest. Yet another wonderful example of the folly of imperialism.

Bainmarama Has Declared Control of Fiji.

The military has indeed taken control of Fiji. Commander Frank Bainmarama (pictured) said:

"As of six o'clock this evening the military has taken over the running of the government and the country."

Bainmarama insists that the takeover is not permanent and that democracy will be restored shortly.

Ousted Prime Minister Laisenia Qarase said that the new government is illegal and that Bainmarama has "raped our Constitution."

Coup in Fiji?

Prime Minister Laisenia Qarase (pictured) has said he is not sure who is in control of Fiji, but that soldiers had surrounded his home and control the capital. Military commander Commodore Frank Bainmarama has called for Qarase to resign and had promised to "clean up" the government.

Bainmarama's strategy appeared to be to pressure Qarase to resign or create an environment in which Iloilo can declare the government unable to rule and dismiss it -- a measure allowed under the constitution that could avoid the international censure and possible sanctions that would come from a military takeover.

It looks like Bainmarama is in control and that he is approaching this takeover carefully. He does not want to get the international community involved. So far, that appears to be working, as the Australian Prime Minister said Tuesday "I did not think it was in Australia's interest to become involved." New Zealand did not take the news quite as well and have cut off ties with Fiji's military.

Almost all of Fiji's economy is tied to tourism, so I cannot imagine that those in charge will allow too much bloodshed or unrest. No one wants to vacation in an unstable country. Having said that, this would be the fourth coup in 19 years for Fiji and they still welcome about 400,000 visitors a year.

UPDATE: CNN is reporting that Bainmarama has declared control of Fiji. I am sure articles will follow soon.

Seselj Still on Hunger Strike

Vojislav Seselj, on trial at the ICTY in the Hague, is in his third week of a hunger strike and refuses to allow local doctors to examine him. Along with his decision to stop eating, Seselj has also stopped taking his medications for blood pressure and asthma. Court officials say they have tried to meet Seselj's demands, but he keeps changing them.

Seselj's death could cause a big anti-Western backlash in Serbia. He is the head of the Radical Party which controls the largest number of seats in the Serbian Parliament. The group is vehemently opposed to NATO and the EU. It does not appear that Serbia will come in line with Western ideals any time soon and Seselj's death will only drive the two further apart. The acting leader of the party is calling Seselj's situation an "execution".

I am not sure what the tribunal can do. They appear to have taken reasonable steps to appease Seselj, but he wants more and more. I do not think that he should be allowed to impose his will upon the tribunal. However, if the court lets Seselj die the political fallout could be messy.

For more check out some previous posts on Seselj here and here.

EU Enlargement Commissioner Requests No Turkey Deadline

EU enlargement commissioner Olli Rehn has requested that the EU not move forward with a deadline for Turkey to open its ports to Cyprus. This is a very old problem and I do not think that a timetable will magically solve it.

Whether or not Turkey becomes a member of the EU, I think the process has done the country a lot of good. There have been many reforms that have opened the country up. The reforms have caused a lot of change and maybe in time will lead to a resolution of the Cypress problem.

Female Genital Mutilation Outlawed By Islam Scholars

A conference of high ranking Muslim scholars has decided that female genital mutilation is a punishable aggression and a crime against humanity. This decision outlaws the practice in the Islamic faith.

This decision is a great step for human rights and hopefully the ban will spread to the areas of Africa where this practice is most widely performed. And if you think that it only happens in the third world, remember that just a month ago an Ethiopian immigrant was sentenced to 10 years for circumcising his daughter in the US.

US Ambassador to UN Resigns

Well, I figured it was only a matter of time before Bolton got the boot. He was installed by Bush under an express appointment, never having the approval of Congress. I do not think he was well liked in the UN either. Any guesses why? The following excerpt my give you a hint:

Bolton, who pushed strongly for U.N. reform, has had strained relations with many in the U.N. Secretariat, led by Secretary-General Kofi Annan, and has repeatedly called for all top U.N. officials to leave when Annan steps down as U.N. chief on December 31 and is replaced by Ban Ki-moon.

Hopefully the next Ambassador will play nice and not have the "with us or against us" mentality that Bolton seemed to possess. With the Democrats in power Bush should have to choose a more moderate candidate. Then again, he could always just sneak his choice in through another express appointment.

UPDATE: Here is an interesting article about Bolton's resignation which mentions winners and losers of his exit.

And here is a TIME article that suggests Bolton's resignation is a result of the November election results.

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UN Considers Problem of "E-Waste"
Ever wondered where all the old cell phones and computers end up? Apparently, must of it is dumped in Africa and other developing countries, with as much as 75% of the waste being deposited here. The problem is a serious one, as it is estimated that 50 million metric tons of "e-waste" is produced every year. Much of this waste is then burned, releasing toxic chemical into the air and ground.

Delegates from around the world recently met to discuss the problem and the consensus was that recycling and disposal programs need to be developed further in the waste-producing countries. However, the delegates were less willing to agree on any funding for the countries that have absorbed the majority of the waste to date. That should not come as a shock to anyone, but at least they are recognizing there is a problem and it must be addressed. For more check out some articles here and here. If you would like to get more involved, check out StEP, an organization committed to "Solving the E-waste Problem."

"International Discovery: Terrorism Trumps Foreign Bank Secrecy Laws"
Does that title frighten anyone else? Head on over to International Civil Litigation to see the latest decision in "The War on Terror." Remind me again how you decide "terrorism" trumps all other rights?

First Filed Rule Not Applicable to Transnational Litigation?
The International Civil Litigation blog has an interesting write up about a recent SDNY case which held that a case filed by one party in a foreign country before the other party files in the US is not subject to the "first filed" rule. I am not familiar with the facts, but I suppose that lis alibi pendens did not apply because the suit in the foreign jurisdiction was dismissed or something to that effect. Maybe someone can fill me in on how exactly that works, my transnational litigation class was a bit of a let down. For more, read on here.

Argentinian Judge: Former Iranian President Fugitive
In an update to an earlier story, an Argentinian judge has declared Former Iranian President Hashemi Rafsanjani and 8 other men fugitives. They are all wanted in Argentina for their connection to a 1994 bombing of a Jewish cultural center which left 85 dead. None of the men have come responded to the arrest warrants issues last month against them. If Iran's previous response to this case is any indication, the men will never be sent to Argentina for trial. Iran continues to deny any involvement in the bombing and I do not see any incentive for them to extradite such a powerful political figure. For more, check out the AP story here. Also, check out this article which suggests there may be ulterior motives behind the indictment.

Chinese Courts Sentence Dissidents
Last Friday two separate Chinese courts ruled against political dissidents in cases that are considered unjust to observers. One of the convicted persons was a New York Times researcher that investigated corruption and spoke out for peasants rights. The other man has documented forced abortions. In both cases the men were not allowed to bring forth witnesses on their behalf. For more on this read the full story here.

I understand the reality that China is a major political, economic, and military force, but I feel the international community needs to step up its pressure on China for human rights abuses. I know, for example, the WTO tries to put some political pressure on the Chinese government, but more needs to be done. It will be interesting to see what, if any, influence the 2008 Olympics will have on the Chinese culture.

U.S. Urges Peacekeepers in Somalia
Exploring Int'l Law has a post about a recent draft resolution presented by the US to the UN that calls for a regional peacekeeping force to help the government of Somalia in its battle with Islamic opponents. The Somalian government backs the force, but some international observers say it would lead to all out war in the region. For more, check out the post here.

Dual Citizenship & Forum Non Conveniens
A recent 7th Circuit decision, Intec USA, LLC. v. Engle 467 F.3d 1038 (7th Cir. Nov. 2, 2006), discussed issues of dual citizenship and forum non conveniens in international civil litigation. There is a nice breakdown of the case over at International Civil Litigation. One thing I found particularly interesting is the court snubbed the plaintiff's

arguments that the court should respect the plaintiff’s choice of forum in “all but extraordinary cases” and that United States courts should favor resolving disputes involving U.S. law in the U.S. It reasoned that New Zealand courts are entirely capable of applying choice of law doctrines and properly interpreting U.S. laws, and that international trade requires that countries trust each other’s legal systems to adequately resolve disputes.

This surprises me to see a U.S. court so willing to share jurisdiction. I was taught that usually if a court can take jurisdiction it will, especially in international litigation. Maybe this is a new trend? Or, maybe I was just misinformed? Regardless, it is interesting to see the respect they show for globalization and the importance of faith in the rule of law and fair legal decisions in international commerce.

Human Rights Groups to Monitor Madonna's Adoption of Malawi Boy
A High Court of Malawi has ruled that the Human Rights Consultative Committee and Malawi Human Rights Commission can join the adoption process of Madonna and Guy Ritchie as friends of the court. They may also push for a full judicial review of the interim custody order that has been granted to the Ritchies. The Ritchies' lawyer said that Madonna and her husband have no problems with the ruling. Meanwhile, the boy's biological father hopes that the high profile case will make it easier for foreigners to adopt Malawi children. "In Malawi, there are to many underprivileged children, most of them orphans. I appeal to rich people with Madonna's kind heart to come and adopt these children," he said. For more, read on here.

I know that it seems to be a fad for celebrities to adopt children from third world countries, but I think it is great exposure. People need to understand that there are many parts of the world that need a lot of help, and I see nothing wrong with celebrities using their ability to attract attention as a way to shed light on these problems.

US Want Ban on Luxury Goods to N. Korea
The US is proposing a ban on exporting luxury goods to North Korea. These items are used by the leader Kim Jong Il (picturedto feed not only his appetite, but those of high ranking officials as well. Meanwhile, North Korea citizens continue to suffer from poverty and avoid famine only via foreign aid. So far international embargoes have been ineffective in producing change. Jong Il is still able to import just about anything he pleases. The US feels that this would be a win-win situation because it attacks only those in Jong Il's inner circle and not the common North Korean. I doubt it will have much success, as Jong Il will still be able to bring in whatever he wants, someone will sell it to him no matter what sort of laws there are against it. Still, I suppose it is a nice symbolic move. For more, read on here.

Supreme Court Considers Global Warming Case
The US Supreme Court is currently hearing arguments on the case of Massachusetts v. Environmental Protection Agency, et al. that could have an effect on international environmental law and US foreign relations. The case is essentially an argument that the US should consider greenhouse gases to be air pollutants that must be regulated. Browse through the transcript of the hearing yesterday (linked above) and you will see that the Justices are wondering what effect their ruling would have on international agreements in the future. I think this could be a very important decision because the Bush administration has been moving away from the international consensus that global warming is a problem (see the overwhelming number of countries that have ratified the Kyoto Protocol), or at least one we are willing to take serious action on (see US position on Kyoto for example). We are all in this world together, so we should do our part to help. This decision could force us into action. For more about the case read on here and here.

The Hybrid Lebanese Tribunal
In the last week or so I have made several posts about the special tribunal investigating the death of former Lebanese Prime Minister Hariri (see: here and here). Transnational Law Blog has a really interesting post about the hybrid model being used for the tribunal and the possible resulting debate over due process. Do yourself a favor and check it out here.

UN Commissioner On Middle East Violence
After a recent trip to the Middle East UN High Commissioner for Human Rights Louise Arbour reports "the human rights situation in the occupied Palestinian territory is grave and worsening, within a general climate of impunity." She also said that Israel has a right to defend itself but must do so "in accordance with international human rights and humanitarian law." There are questions about whether or not Israel violated international law in an attack on the town of Beit Hanun that left 19 Palestinian civilians dead. A fact finding-mission will look into the incident. For more read on.

Update: Vojislav Seselj Hospitalized
Serbian war crimes suspect Vojislav Seselj was hospitalized today. He has been on hunger strike for over two weeks protesting his ICTY trial ("Serbian Refuses to Appear at ICTY Hearing"). The AP has more here.

NATO to "Step Up" Afghanistan Operations
NATO members agreed at a meeting in Latvia to strengthen NATO forces in Afghanistan by removing limited rules of engagement. They also agreed to provide more aircraft, helicopters, soldiers and training for the Afghan National Army.

Additionally, NATO leaders discussed the rebuilding effort, including a call for proposals of a Contact Group and the urging of more cooperation between NATO, the UN, the EU, and the World Bank.

Lastly, the topic of potential new members, such as Serbia, Bosnia-Herzegovina and Montenegro, was covered. Leaders debated whether or not to expand out of Europe and include countries such as Australia, New Zealand, Japan and South Korea.

The AP has more details here.

Leftist Elected Ecuadorian President
Rafael Correa (pictured in AFP Photo) was declared the winner of Ecuador's Presidential race recently. He is a friend of Hugo Chavez, the Venezuelan President that called US President Bush "the devil" in a UN speech in September. The result weakens US influence in the region as Correa stated he would oppose a free-trade agreement with the US and will not renew the lease for a US airbase. Correa said, "we respect international treaties, but in 2009, when the Manta agreement expires, we will not renew it."

The Latin American region will be a very interesting place to watch over the next few years as quite a few countries have leftist leaders now. TIME has a neat article about the recent developments and what they mean here. For more on the Ecuadorian election, read here. Another article mentions that the airbase closing will end US counternarcotics operations in the region.

ICC Wants to Press On with Lubanga Case
Prosecutors are urging the ICC to confirm the war crimes charges against Congolese warlord Thomas Lubanga (read more about the case here and here). If the judges agree it is likely Lubanga will be the first person tried by the ICC. Lubanga's attorney claims that evidence is being withheld from him and that this is a political case. For some reason I do not buy that Lubanga is innocent of the charges, there is just too much riding on this first case for the ICC. I cannot fathom the Court setting itself up for failure right off the bat, it would play into the hands of its detractors. For example, the US has relaxed its stance on the ICC a bit, but the Nethercutt Amendment still punishes those that have signed the ICC treaty but not bilateral immunity agreements with the US (see a list of countries which have signed BIAs as of August). Reuters has more on the Lubanga case if you are interested.

EU Countries Knew of Secret US Prisons
A new report shows that many EU countries "co-operated passively or actively (with the CIA)" in transporting or detaining terror suspects. There are at least 18 "extraordinary renditions" cited in the report. BBC has more on the story here, and you can read the report for yourself here (Hosted by The Jurist). Several lawsuits are already active in connection with these renditions and, if successful, I imagine we will see quite a few more. If it is found that these suspects were in fact tortured, I hope criminal punishment of those responsible follows.

Pinochet Indicted For Executions
Just days after taking political responsibility for the actions of his regime, General Pinochet has been indicted for the executions of two bodyguards of the toppled President Allende in 1973. He was originally ruled too ill to stand trial, but last year the Supreme Court of Chile said he was fit. I am not sure if Pinochet will live long enough to be found guilty, but I always applaud efforts to try human rights violators because of the deterrence effect. For more, read the AP article.

Israel Willing to Swap Prisoners for Soldier
Israeli Prime Minister Olmert said that Israel is prepared to return many Palestinian prisoners in exchange for captured soldier Gilad Shalit (pictured). I really do not feel this is a good idea for Israel to swap a bunch of prisoners for one soldier, and apparently Olmert felt it was a "major mistake" a few months ago. I am not sure what changed, maybe political pressure? Either way, it just seems like a dangerous precedent. Well, I take that back, Israel and Hezbollah made a similar swap just two years ago. Palestinians apparently took note of that and decided to try it themselves. So I guess I am left to wonder what is to stop any of Israel's enemies (and they have many) from kidnapping soldiers to achieve their goals?

Australian Co. Paid $224 Million to Hussein in Kickbacks and Bribes
A report investigating the UN food-for-oil program was released today and showed that Australian company AWB had paid Hussein in a scheme designed to deceive the United Nations. AWB initially withheld thousands of documents and its lawyers made false statements. The investigation turned up that several other companies may have worked with the AWB to hide the payments. It is a disgusting tale of corporate greed and the power of the dollar, read it in full here.

Hussein Anfal Trial Continues
Saddam Hussein's genocide trial for the killing of up to 180,000 Kurds in 1987-88 is under way again after a two week break. Many of those deaths are believed to be a result of gassing, but Monday a witness testified that Iraqi soldiers lined Kurdish villagers in a trench and just started shooting. Iraqi authorities are hopeful they will finish the trial before is executed as a result of his sentence for crimes against humanity from a previous trial. I think they should ensure that the execution is delayed until the completion of this trial and any appeal that may follow. Iraq should try to give as much legitimacy to the trials as possible and give all the victims and their families justice. Saddam's responsibility for the heinous acts needs to be proven in a court of law, otherwise the world could end up with another Milosevic situation. For more on Hussein's trial, read on here.

Pinochet Takes Responsibility
In a prepared statement read at his birthday yesterday, General Pinochet took responsibility for the acts of his administration from 1973-1990 that includes thousands of killings, torture and false imprisonment. He faces many charges in connection with human rights violations, but the courts are not pursuing the cases because of his poor health. I think that it is great that he is finally admitting fault, but I still do not like that he gets to enjoy his final days in freedom. You can read more here. Frightening to think that the US, specifically the CIA, aided him at times.

Turkish Prosecution Could Hinder EU Chances
Two Turkish Christians recently went on trial for insulting "Turkishness" and disparaging Islam. The men were apparently trying to convert Muslims, a dangerous undertaking in this majority Islamic country. Turkey's Article 301 which prohibits denigration of "Turkishness" is highly controversial, as it has been used against many journalist and intellectuals, including a recent Nobel Prize winner (although those charges have since been dropped). Officials have demanded that the law be changed if Turkey is to join the EU. For more, read on here.

Rwanda Breaks Diplomatic Ties with France
Following Tuesday's accusation by a French judge that Rwandan President Kagame (pictured) should be tried for the death of former Rwandan President Habyarimana that led to the Rwandan genocide, Rwanda has decided to end diplomatic relations with France. Rwanda says that France is "trying to bring down its government." Meanwhile, Rwanda has launched an investigation into France's possible involvement with the genocide. President Kagame has immunity from French prosecution, but could be tried by the UN's ICTR. Get more information here.