|
|
|
Western powers warn Kosovo on changing war crimes court law
Court Watch |
2018/01/07 14:42
|
Five western nations have warned Kosovo against repealing or amending a law on a war crimes court, saying it would suffer negative consequences "in international and Euro-Atlantic integration."
A statement Thursday from the nations — the United States, Britain, France, Germany and Italy — said they were "deeply concerned by ongoing efforts to undermine the work of the Specialist Chambers." It called on Kosovo politicians and lawmakers "to abandon any thought of repealing or re-negotiating any aspect of the law ... (because that) calls into question Kosovo's commitment to the rule of law."
In December, a group of Kosovo lawmakers tried to amend the law, seeking to extend its jurisdiction over Serbs, their former adversaries in the 1998-1999 war for independence. The court now has jurisdiction only over potential war crimes suspects who were Kosovo citizens.
"(This move) puts the interests of certain individuals above the interests of Kosovo society. We condemn such a move," the nations said.
Kosovo detached from Yugoslavia following a three-month NATO air war in 1999 to stop a bloody Serbian crackdown against ethnic Albanian separatists. It then declared unilateral independence from Serbia in 2008, a move recognized by 114 states but not by Serbia.
The court law was passed in 2015 as a result of U.S. and European pressure on Kosovo's government to confront alleged war crimes that the Kosovo Liberation Army committed against ethnic Serbs. |
|
|
|
|
|
|
UN court hears appeal in Serbian lawmaker's acquittal
Court Watch |
2017/12/14 17:38
|
A prosecutor urged U.N. judges Wednesday to overturn the acquittals of a prominent Serbian ultranationalist on atrocity charges, saying that a failure to do so would inflict lasting damage to the legacy of the groundbreaking war crimes tribunal.
Prosecutor Mathias Marcussen told a five-judge appeals panel that the 2016 acquittals of Vojislav Seselj on nine war crimes and crimes against humanity charges were so deeply flawed that they must be reversed or a new trial ordered.
"Justice has not been done," Marcussen said. He argued that the three-judge trial bench that found Seselj not guilty at the end of his marathon trial at the International Criminal Tribunal for the former Yugoslavia made critical errors of fact and law and failed to properly evaluate all the evidence.
At trial, prosecutors accused Seselj of crimes including persecution, murder and torture and demanded a 28-year sentence for his support of Serb paramilitaries during the region's bitter, bloody wars in the early 1990s. Prosecutors argue that Seselj's actions were part of a plan to drive Croats and Muslims out of large areas of Croatia and Bosnia that leaders in Belgrade considered Serb territory.
Marcussen said that allowing Seselj's acquittals to stand would be "not only an affront to the victims of the alleged crimes, it would also seriously undermine the credibility" of the tribunal and the institution called the Mechanism for International Criminal Tribunals which has been established to deal with appeals and other legal issues left pending when ad hoc tribunals like the Yugoslav court close their doors for good.
A tribunal that prosecuted cases arising from Rwanda's genocide has already closed and the Yugoslav tribunal formally shuts down at the end of December. Seselj's appeal is being handled by the new mechanism.
Seselj, now a Serbian lawmaker, did not attend Wednesday's hearing. Judges gave him 10 days to respond in writing after he receives a transcript of the hearing. |
|
|
|
|
|
|
Travel ban is headed back to a federal appeals court in Virginia
Court Watch |
2017/12/08 01:36
|
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.
The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.
The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.
Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.
Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.
The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office. |
|
|
|
|
|
|
Court: Stress no grounds for rescinding guilty pleas
Court Watch |
2017/11/25 06:02
|
An appeals court in Chicago says a lower court in Indiana was right to refuse to permit a couple to rescind their guilty pleas in a tax case on grounds their prosecution caused them severe stress.
The 7th U.S. Circuit Court of Appeals said stress was common to anyone facing prosecution and wasn't sufficient reason to take back pleas. It added that neither George nor Barbara Gasich could claim they were under some "Napoleonic delusions" when they chose to plead guilty.
The Chicago Daily Law Bulletin reports the Gasiches were indicted in 2014 for making fraudulent claims. Prosecutors said they'd asked for $475,000 in refunds when they owed the IRS far more than that.
The Gasiches were formerly from St. John, Indiana, but lived in Florida when they were arrested. |
|
|
|
|
|
|
Belgian court pushes back extradition hearing for 5 Catalans
Court Watch |
2017/11/19 06:03
|
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.
The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.
Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.
Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.
Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.
|
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
