Georgetown Security Law Brief

Judge awards $65 million to men captured and tortured in North Korea

12/31/2008: The New York Times reports that a federal judge awarded over $65 million to several men of the Navy spy ship Pueblo, who were captured and tortured by North Korea in 1968. North Korea did not respond to the lawsuit, which accused it of kidnapping, imprisonment, and torture. The Pueblo was seized off North Korea on January 23, 1968, while it was on an intelligence-gathering mission. North Korea says the ship was inside its coastal zone, though Navy records say it was in international waters.

Retired engineer pleads guilty to sending US secrets to Israel

12/31/2008: The Washington Post reports that a retired engineer from New Jersey whose clandestine activities went undetected for more than two decades pleaded guilty yesterday to a criminal charge accusing him of serving as an unregistered agent for Israel.  Ben-Ami Kadish passed classified documents to an Israeli handler between approximately 1980 to 1985, when he worked at a U.S. Army research and engineering center at the Picatinny Arsenal in Dover, N.J.

Indonesian official acquitted in killing of human rights activist

12/31/2008: The New York Times reports that an Indonesian court cleared a former deputy intelligence chief of any wrongdoing in connection with the murder of Indonesia’s most celebrated human rights campaigner. The decision will likely bring renewed attention to the country’s dubious justice system as well as its poor human rights record. Hundreds of Indonesians took to the streets after the court announced its decision to free the intelligence officer.

Army investigating killing of al Qaeda suspect

12/31/2008: CNN reports that the U.S. Army is investigating allegations that Special Forces troops killed an al Qaeda suspect, Hardan al-Jaburi, in cold blood and cut off his finger during an overnight operation near Baghdad earlier this month. Jaburi’s relatives claim that he was singled out by troops after he was rounded up along with his brothers.

Gonzales Defends Role in Antiterror Policies

12/31/2008: The Wall Street Journal reports that Alberto Gonzales said he is writing a book to set the record straight about his controversial tenure as a senior official in the Bush administration.  Mr. Gonzales said he didn't play a central role in drafting the widely criticized legal opinions that allowed the Central Intelligence Agency to use aggressive interrogation techniques on terrorism suspects and expanded the president's power to hold "unlawful combatants" and terrorism suspects indefinitely. He also said he told the truth to Congress about a classified eavesdropping program authorized by the president, and admitted to making mistakes in handling the U.S. attorney firings while maintaining that he made the right decisions. He says that while he bears responsibility as former Attorney General, that fact "doesn't absolve other individuals of responsibility."

Canadian citizen charged with spying for Iraq

12/30/2008: The Miami Herald reports that an Iraq-born Canadian citizen who was picked up at the U.S. border last week was charged Monday with conspiring to spy for Saddam Hussein and Iraq. A criminal complaint filed by the Justice Department alleges that Mouyad Mahmoud Darwish, 47, was paid to provide information to Iraqi government officials and intelligence officers in 2000 and later, including that Iraqi volunteers were being trained by the U.S. military in Virginia. An alleged co-conspirator, Saubhe Jassim Al-Dellemy, 67, pleaded guilty to the same charge in Maryland last week. The two are among at least a dozen people charged by the Justice Department since the 2003 U.S. invasion of Iraq with acting as illegal agents for Saddam's government or his intelligence service, federal authorities said.

Iranian authorities raid offices of rights activists

12/30/2008: The New York Times reports that Iranian authorities stormed the private office of Iran’s Nobel Peace Prize laureate, Shirin Ebadi, on Monday, seizing her computers and her clients’ documents. Pressure on human rights and political activists has increased since the election of President Mahmoud Ahmadinejad in 2005. Dozens of student activists have been jailed or expelled from universities.

Department of Defense Unified Command Plan

12/29/2008: The Council on Foreign Relations reports that the Department of Defense has updated the Unified Command Plan (UCP) a key strategic document that establishes the missions, responsibilities, and geographic areas of responsibility for commanders of combatant commands. Most importantly, the 2008 UCP, signed by President Bush on Dec. 17, codifies U.S. Africa Command (USAFRICOM) and assigns several new missions to the combatant commanders. Every two years, the chairman of the Joint Chiefs of Staff is required by law to review the missions, responsibilities, and geographical boundaries of each combatant command in the U.S. military and recommend to the President, through the secretary of defense, any changes that may be necessary.

Opinion: How Moscow courts the Muslim world

12/29/2008: Jacques Levesque, writing for the Herald Tribune, discusses how Russia is courting a privileged political relationship with the Arab and Muslim world and believes that, as a mostly European state, it has a historic vocation as a mediator between the Western and Muslim worlds. In an interview with Al Jazeera, Putin stressed that, unlike Muslims living in Western Europe, those in Russia were indigenous, and that Islam had been present on Russian territory long before Christianity.

Egypt suspends police offers for human rights abuses

12/28/2008: Jurist reports that Egyptian Deputy Interior Minister Hamid Rashid announced the suspension and investigation of 280 police officers alleged to have abused their power and committed human rights violations. In a statement before the Egyptian Parliament, Rashid said as many as 1,164 police officers have already been fired for similar reasons.

Suspected operative for al Qaeda detained in Texas

12/28/2008: The El Paso Times reports that a Lebanese man who was part of a complex federal investigation into a suspected U.S. terrorist network with ties to al Qaeda is in custody at the El Paso immigration detention center facing deportation. Mohamad Kamal Elzahabi, 44, who has been in custody since May 2004, was convicted last year by a Minnesota court of possessing fraudulent immigration documents based on his marriage to a dancer.  He was sentenced to time served and two years of supervised release. After the trial, the Department of Homeland Security turned him over to the Department of Justice for deportation proceedings.

Serbia arrests 10 Kosovo Albanians suspected of war crimes

12/28/2008: Jurist reports that ten ethnic Albanians were arrested in Serbia for alleged crimes committed during the 1998-1999 Kosovo war. The former Kosovo Liberation Army (KLA) members, being held for questioning in Belgrade and Vranje, will likely be charged for their alleged roles in the kidnapping of 159 Serbs and the deaths of at least 51.

Opinion: Michael Chertoff on keeping America safe

12/26/2008:  Michael Chertoff, Secretary of the Department of Homeland Security, writing for The Washington Times, commends post- 9/11 policies and practices for keeping America safe, particularly the reorganization of the intelligence community and new techniques to monitor terrorist communications.

Albanian parliament adopts controversial decommunization law

12/25/2008: Jurist reports on the Albanian parliament's decision by a favorable vote of 74-2 with 64 abstentions to pass a so-called "lustration law" that bans former members and affiliates of the country's Communist secret police from running for political office. Minority parties such as the Socialists fear the bill might be abused as a political tool to oppress them.

Panel works to bring crime of aggression fully within International Criminal Court's jurisdiction

12/24/2008: IntLawGrrls discusses efforts by a panel of legal experts and practitioners to bring the crime of aggression fully within the jurisdiction of the International Criminal Court.

Indexed trove of Kissinger phone conversations completed

12/24/2008: The New York Times reports that on Tuesday the National Security Archive, a nonprofit research group at George Washington University, published an online edition of transcripts of 15,000 phone conversations former Secretary of State and National Security Advisor Henry Kissinger conducted between 1969 and 1977. The archive is fully indexed and searchable for the first time.

Update: Brazil and France sign bilateral defense agreement worth more than $12 billion

12/24/2008: The New York Times reports in brief that the governments of France and Brazil have signed a defense agreement worth more than $12 billion that will transfer from France to Brazil technology that will allow Brazil to develop its arms industry and construct its own nuclear-powered submarine.

War crimes chamber's work yields sentencing results

12/24/2008: BalkanInsight reviews the work of the Sarajevo state court war crimes chamber, which through arrests, indictments, and convictions yielded 600 years' worth of jail sentences in 2008.

Australia to reform its anti-terrorism laws

12/23/2008: Jurist discusses the announcement issued today by Australian Attorney General Robert McClelland that the Australian government will reform its anti-terrorism legislation in accordance with the recommendations of a report on the investigation into the detention of Dr. Mohammed Haneef, who was detained for 25 days without charges after his cousin allegedly participated in the Glasgow, Scotland airport attack. The report found that the Federal Police had no evidence on which to base their detention of Dr. Haneef. Though they eventually released him, the Federal Police revoked Dr. Haneef's passport.

India seeks to use ICC to sanction Pakistani entities

12/23/2008: Times Now reports that the Indian government is preparing to convince the ICC to sanction entities and individuals in Pakistan that are on India's most wanted list, including Dawood Ibrahim, who is wanted in connection with the Mumbai attacks. HT to Opinio Juris.

DHS-created fusion centers raise privacy concerns

12/23/2008: Nukes and Spooks blog discusses the privacy concerns raised by the DHS creation of 58 to 60 fusion centers nationwide which integrate tribal, local, state, and federal intelligence gathering agents.  The DHS-created centers are part of an effort by the federal government to complete a 9/11 Commission recommendation to improve U.S. intelligence sharing.

DHS plans to expand US-VISIT program to include green card holders

12/23/2008: CNET reports that the Department of Homeland Security plans to photograph and fingerprint millions of green card holders every time they enter the United States as part of its effort to expand the US-VISIT program.  Currently, the program applies to foreign citizens entering the U.S. either on non-immigrant visas or under the visa waiver program. The expanded program will go into effect January 18, 2008. HT to Security Debrief.

Maryland man pleads guilty to spying on behalf of Iraq

12/22/2008: Jurist discusses the recent guilty plea of Saubhe Jassim al-Dellemy, an Iraqi national residing in Maryland, who was accused of spying in the United States for the Saddam-era Iraqi government.  The plea was entered in the U.S. District Court for the District of Maryland.

Obama transition team mulls alternatives to current White House national security structure

12/22/2008: Homeland Security Watch's Jonah Czerwinski discusses the possible alternatives to the current homeland security council-national security council structure. 

Kremlin plan to extend Russian presidency from four years to six receives official parliamentary backing

12/22/2008: The New York Times reports that Kremlin efforts to extend the term of the Russian presidency from four years to six through a proposed Constitutional amendment have received official legislative backing.  The amendment enters into force once Russian President Dmitri A. Medvedev signs it, although the amendment does not apply to Medvedev's current term. Pundits speculate that the purpose of the amendment is to ensure Russian Prime Minister Vladimir Putin can extend his rule upon returning to the Presidency. The Russian constitution says the Russian President cannot serve three consecutive terms.

Scholarship: Brookings Institution releases empirical study of Guantanamo detainees

12/22/2008: The Brookings Institution released December 16, 2008 an empirical study by Ben Wittes and Zaahira Wyne of Guantanamo's current detainee population.  The authors use publicly available documents to estimate the number of detainees held at Guantanamo, describe what the U.S. Government alleges about their conduct, and list what the detainees claim about their own conduct and affiliations. HT to NationalSecurityLaw blog.

Courts for veterans emerging across the U.S.

12/22/2008: The National Law Journal reports that state criminal courts administering exclusively to military veterans' issues are emerging across the country. The courts are intended to help rehabilitate defendant veterans returning from the Iraq and Afghanistan conflicts while helping the same veterans avoid convictions that might jeopardize their eligibility for military benefits.

Update: Australian police control order for former Guantanamo detainee expires

12/22/2008: The New York Times reports on Australian David Hicks, who became a free man today when a control order imposed by Australian police expired, and the police announced their intention not to extend or renew the order. Hicks was picked up by U.S. forces in Afghanistan seven years ago for allegedly fighting with the Taliban and was subsequently held at Guantanamo. At Guantanamo, he became the first detainee tried before a military commission, at the end of which he received a nine month sentence for providing material support to terrorist groups. Hicks served the sentence in Australia, and upon being released last December, unexpectedly had imposed on him by Australian police a control order that limited his activity outside the home.

Pardoned Afghan's suspected role in devastating attack on coalition forces sparks legal inquiry

12/22/2008: The New York Times reports that the alleged role played by Maulavi Ghulam Dastagir in orchestrating a devastating attack on coalition troops in Afghanistan after he was pardoned and released by Afghan President Hamid Karzai has spurred a governmental inquest into the pardon and the ambush. Karzai had pardoned Dastagir after he received assurances from a delegation of tribal elders that, if pardoned, Dastagir would lead a peaceful life.

Update: Status of detained Iraqi Interior Ministry officials is murky

12/22/2008: The Washington Post reports that the status of the Iraqi Interior Ministry officials detained earlier this week in connection with a possible coup plot against Iraqi Prime Minister Nouri al-Maliki remains unclear.  One day after Iraqi Interior Minister Jawad al-Bolani announced that all Interior Ministry officials detained during the crackdown would be released, they remain imprisoned.

Update: Technical glitches and lawsuits might delay timely transfer of Bush administration emails to National Archives

12/22/2008: The Washington Post reports that because of technical glitches, lawsuits, and delays in computer forensic work, the scheduled transfer of Bush administration electronic messages and documents to the National Archives might not meet its deadline four weeks from now, according to government officials, historians, and lawyers familiar with the issues.

Former State Department contractor sentenced for peeking at celebrities' pasport files

12/20/2008: The Washington Post reports that former State Department contractor Lawrence C. Yontz was sentenced to one year of probation for illegally peeking at the passport files of over 200 celebrities, actors, athletes, and politicians.

Update: Argentine court orders release of alleged "Dirty War" participants

12/20/2008: The Associated Press and the Washington Post report that a three-judge panel in Argentina ordered that six former naval officers accused of torturing and killing dissidents during the 1976-1983 dictatorship be freed on bail because their trials had taken too long because each of the six former officers had spent more than five years in detention and no verdict reached in any case.  Human rights groups criticized the ruling as emblematic of the Argentine court system's incapacity to try alleged war criminals effectively.

Court rules that Afghans captured by Canadian troops and released to Afghan authorities cannot rely on Canadian human rights law

12/20/2008: The Globe and Mail reports that a three-judge Canadian Federal Court of Appeal panel, rejecting a challenge brought by Amnesty International and the British Columbia Civil Liberties Association, ruled last week that Afghans captured by Canadian troops and turned over to local authorities cannot rely on the Canadian Charter of Rights to protect themselves from torture.

Veterans file class action lawsuit against Government to receive mental health benefits

12/20/2008: Injury Board reports that five U.S. military veterans filed a class action law suit against the U.S. Government this week claiming they were illegally denied disability benefits despite being diagnosed with severe cases of post-traumatic stress disorder.

Australia signs security pacts with Japan, UAE

12/19/2008: The Peninsula and The China Post report that Japan and Australia have signed a security pact that improves intelligence sharing between the two allies who earlier this year had experienced frictions in their relationship. The Australian reports that Australia has signed a pact with the United Arab Emirates to help service Australian force deployments to Afghanistan.

Update: British High Court rules Iraqis can be transferred to Baghdad to stand trial for war crimes

12/19/2008: The London Times reports that a British High Court has ruled that Iraqi defendants Faisal Attiyah Nassar al-Saadoon, 56, and Khalaf Hussain Mufdhi, 58, can be transferred to Baghdad to stand trial for war crimes. Al-Saadoon and Mufdhi are accused of killing two British soldiers in Iraq, execution style. If convicted of war crimes in Baghdad, they may face the death penalty, a punishment that the UK legal system does not recognize for the crime of murder. International Law Reporter discusses the High Court's ruling.

Judge mandates medical exam for Guantanamo detainee

12/19/2008: The Miami Herald reports that U.S. District Judge Emmet Sullivan has ruled after a hearing that a court-appointed expert will examine Guantanamo detainee Ahmed Zuhair's physical and mental health. Zuhair has been on a hunger strike for more than three years and is alleged to have trained with Al Qaeda and the Taliban in Afghanistan.

Russia and Nicaragua discussing new canal to compete with Panama

12/19/2008:  ISRIA reports that Russian President Medvedev and Nicaraguan President Ortega are in discussions to create a new interoceanic canal in Nicaragua to rival the American-influenced Panama Canal.

Student receives 15-year sentence for YouTube video on bomb-building

12/19/2008: Wired reports that Ahmed Abdellatif Sherif Mohamed, a University of South Florida engineering student from Egypt, has received a 15-year sentence for uploading a 12-minute video to YouTube that showed how to convert a toy remote car into a bomb detonator.  He pleaded guilty in a Florida federal court in June to one count of providing material support to terrorists.

Update: Moroccan court gives 20-year sentence to Madrid bombing conspirator

12/19/2008: The New York Times reports that a Moroccan court has sentenced Abdelilah Ahriz to 20 years in prison for his role in supporting the 2004 Madrid train bombings.  The Salé criminal court, which specializes in terrorism cases, said it had found him guilty of several terrorism-related charges, including “belonging to a criminal group that aimed to commit acts of terrorism” and collecting funds for terrorist groups.  Prosecutors had requested a life sentence.

Retired Admiral rumored to be President-elect's nominee for intelligence chief

12/19/2008: The Washington Post reports that retired Navy Admiral Dennis C. Blair is President-elect Obama's pick to become the third Director of National Intelligence.

Update: Opinion: Torture report makes case for prosecution

12/18/2008:  The New York Times features an opinion piece which writes that a bipartisan report by the Senate Armed Services Committee has made what amounts to a strong case for bringing criminal charges against former Defense Secretary Donald Rumsfeld; his legal counsel, William J. Haynes; and potentially other top officials, including the former White House counsel Alberto Gonzales and David Addington, Vice President Dick Cheney’s former chief of staff.  The report shows how actions by these men “led directly” to what happened at Abu Ghraib, in Afghanistan, in Guantánamo Bay, Cuba, and in secret CIA prisons.

Update: Bill before Russian parliament expands definition of treason

12/18/2008:  The New York Times reports that new legislation backed by Prime Minister Vladimir Putin would allow Russian authorities to label any government critic a traitor. The bill, which is expected to pass in Parliament, would expand the definition of treason to include damaging Russia's constitutional order, sovereignty or territorial integrity. That, critics said, would essentially let the authorities interpret any act against the state as treason, a crime punishable by up to 20 years in prison. The Moscow Times has an editorial criticizing the proposed changes.

Update: Former Rwandan army colonel given life sentence for genocide

A more recent version of this article is availible here.

Pentagon to confront sexual assaults at military institutes

12/18/2008:  The New York Times reports that the Pentagon believes only about 10 percent of sexual assaults are being reported at the nation’s military academies, and officials say they want to create a greater comfort level for victims to come forward.

White powder alert at 16 U.S. embassies

12/18/2008:  CNN reports that letters containing white powder were mailed to 16 U.S. embassies across Europe.  The substance has proved to be harmless in 15 locations with results still pending for the final embassy in The Hague.  The list of U.S. embassies where the powder was received includes Berlin, Bern, Brussels, Bucharest, Copenhagen, Dublin, Luxembourg, Madrid, Oslo, Paris, Reykjavik, Riga, Rome, Stockholm, Tallinn, and The Hague.  The envelope sent to Madrid contained what testing revealed to be white flour.

Update: Long sentences for failed terrorist bomber in Britain

12/18/2008:  The New York Times reports that the judge in a terrorist bombing trial imposed two concurrent life sentences on the convicted mastermind of two failed attacks, Dr. Bilal Abdulla, and ruled that he must serve at least 32 years in prison before any chance of parole. Dr. Abdulla, 29, a trainee in the National Health Service who was born in Britain but reared and educated in Iraq, was found guilty after a nine-week trial on charges of conspiracy to commit murder and cause explosions in a series of three attempted car bombings in London and Glasgow over a 24-hour period in June 2007.

Update: US transfers 39 detained Saddam-era officials to Iraq government

12/17/08:  Jurist reports that the US military reported on Tuesday the transfer of 39 high-value detainees from the custody of US-led multinational force to an Iraqi controlled prison. The detainees were all former members of the regime of Saddam Hussein, and have already been convicted or are scheduled to stand trial at the Central Criminal Court of Iraq (CCCI). According the US military, the transfer was facilitated by the improvements made in the Iraqi prison system and courts. More than 15,000 detainees remain in the custody of the coalition.

Opinion: Ending Carribean border disputes

12/17/2008:  The Trinidad & Tobago Express features an op-ed by Ronald Sanders in which he writes that the people of Belize and Guatemala and their neighbors should welcome the news that on December 8, the governments of the two countries submitted "Guatemala's territorial, insular, and maritime claim to the International Court of Justice (ICJ)".  Guatemala claims the entire territory of Belize.  The Caribbean region has two other outstanding border disputes: Venezuela has reopened an old claim to two-thirds of Guyana; and Guyana and Suriname dispute their boundary.