Georgetown Security Law Brief

Door open to gender-based asylum claims?

10/31/09: IntLawGrrls reports that by favoring asylum for Rodi Alvarado, the US Department of Homeland Security may be following through on a promise to adopt and implement regulations creating broader possibilities for gender-based asylum brought under the claim of "membership in a particular social group."

Navy ship accidentally fires on Polish port

10/31/09: CNN reports that a crew member aboard a US Navy ship accidentally fired a machine gun into the Polish port city of Gdynia on Wednesday while cleaning the weapon. Polish military police boarded the ship to investigate and Navy officials said the crew of the USS Ramage fully cooperated.

Scholarship: The United States, International Law and the Struggle against Terrorism

10/31/09: Thomas Michael McDonnell is publishing The United States, International Law and the Struggle against Terrorism which analyzes critical international legal issues raised by the United States' fight against terrorism. HT to International Law Reporter.

Karachi bombing accused acquitted

10/30/09: BBC News reports that a Pakistani court has acquitted Mohammad Sohail, a man sentenced to death for the June 2002 Sheraton hotel bombing which killed 11 French engineers in Karachi. Sohail was acquitted on appeal due to "a lack of evidence," the court ruled.

Clinton presses Pakistan on al-Qaeda

10/30/09: The Washington Post reports that Secretary of State Hillary Rodham Clinton expressed doubt Thursday over Pakistan's failure to locate top al-Qaeda leaders in the eight years since they escaped over the border from Afghanistan, telling a group of Pakistani journalists that she found "it hard to believe that nobody in your government knows where they are and couldn't get them if they really wanted to."

Opinion: The European Court of Justice Kadi decision and the future of UN counterterrorism sanctions

10/30/09: The American Society of International Law has a piece by Peter Fromuth, a lawyer and former State Department official, arguing that the UN’s key contribution to anti-terrorism cooperation is to act as the legal trigger for international enforcement action, but that the UN counter-terrorism sanctions regime must find a better balance with the rights of the individuals it targets before the regime can work. The piece highlights how a 2008 decision by the European Court of Justice (ECJ), Kadi & Al Barakaat Int’l Found. v. Council of the E.U. & Comm’n of the E.C., challenged the core framework of UN terrorist sanctions and forced UN member states to tackle difficult legal questions or else face possible collapse of the UN’s terrorist sanctions regime.

New plea for a detainee

10/30/09: SCOTUSblog reports that lawyers for Yasin Muhammed Basardh, a Yemeni national held at Guantanamo Bay who won a court order for his release more than seven months ago but remains detained, have urged the Supreme Court to take up his case promptly now that a lower appeals court has put it on hold. In April, US District Judge Ellen Segal Huvelle found that Basardh’s detention was no longer justified, after more than seven years, because the government had not shown that he would return to military action with a terrorist network; he had served earlier with terrorist forces.

Canadian court sentences Rwanda war criminal to life imprisonment

10/30/09: Jurist reports that the Superior Court of Quebec on Thursday sentenced Rwandan Hutu Desire Munyaneza to life imprisonment with eligibility for parole after 25 years for war crimes committed during the 1994 Rwandan genocide. Munyaneza was convicted in May on seven counts of genocide, crimes against humanity, and war crimes under Canada's Crimes Against Humanity and War Crimes Act.

Iraq makes sweeping arrests over Baghdad blasts

10/29/09: The New York Times reports that sixty-one army and police officers have been arrested in connection with the bombings in central Baghdad on Sunday that killed 155 people and wounded hundreds more, Iraqi officials said Thursday.

Trial opens for Nazi death squad member

10/29/09: The New York Times reports that decades after he confessed to shooting three Dutch citizens, a former Nazi death squad member went on trial on Wednesday for their killings in 1944. The defendant, Heinrich Boere, was able to evade prosecution for years, first by fleeing the Netherlands and then because German courts ruled he could not be extradited.

Tehran court gives British Embassy ‘plotter’ a four-year sentence

10/29/09: The Times (UK) reports that a senior Iranian employee of the British Embassy in Tehran has been given a four-year prison sentence after being found guilty of fomenting violence at the behest of the British Government. Hossein Rassam, 44, the embassy’s political counsellor, was sentenced in a closed courtroom this week, although the outcome is yet to be publicly announced.

Pentagon to offer swine flu vaccine to terror suspects

10/29/09: The Miami Herald reports that the Pentagon has decided to vaccinate both soldiers and terror suspects at Guantánamo Bay, Cuba. Each detainee would be given the vaccine on a voluntary basis, just like "with our seasonal flu vaccination program,'' said Army Maj. Diana R. Haynie, a prison camps public affairs officer.

US set to pay Taliban members to switch sides

10/29/09: CNN reports that some experts on the region believe a US program to pay Taliban fighters to quit the organization is buying temporary loyalty. President Obama on Wednesday signed a $680 billion defense appropriations bill, which includes a Taliban reintegration provision under the Commander's Emergency Response Program, which is now receiving $1.3 billion.

Five people arrested in Karachi for alleged terror activities, police say

10/29/09: CNN reports that police say they have arrested five people who were attempting to set up a terror network in Karachi. Senior Superintendent of the Criminal Investigation Department Fiaz Khan said Wednesday that the men were attempting to set up a terror network in the sprawling city in southern Pakistan.

Zimbabwe blocks visit of UN torture investigator

10/28/09: The Miami Herald reports that at the last minute, Zimbabwe on Wednesday blocked the United Nations' torture investigator from visiting the country where opponents to President Robert Mugabe have been attacked and harassed, but he vowed to go anyway at the invitation of the prime minister. The actions by Zimbabwe, which had invited Manfred Nowak but then told him not to come after he had flown all the way from Vienna to Johannesburg en route to neighboring Zimbabwe, underscores the government's split personality.

Opinion: Delta religious profiling settlement

10/28/09: Security Debrief has a post by Tom Blank, former Acting Deputy Administrator of the Transportation Security Administration, arguing that instead of settling a lawsuit filed by six imams who claimed they were profiled for their religion rather than suspicious behavior when they were removed from a flight and questioned by authorities, Delta should have pursued the litigation to its end, including exhausting all appeals. The piece argues that the judge’s ruling undercut the airline’s partnership with the federal government to prevent another 9/11 and undercut pilots' authority to have the final say on who flies.

Event: Biometrics and the law

10/28/09: The Georgetown Center on National Security and the Law will host "Biometrics and the Law," a panel discussion on the policy applications and legal and privacy implications of recent advances in biometric technologies, which have the capacity to automatically identify and track individuals based on stored data on their biological and behavioral characteristics. Panelists include Stewart A. Baker, Former Assistant Secretary for Policy at the United States Department of Homeland Security; Marc Rotenberg, Executive Director of the Electronic Privacy Information Center (EPIC); The Honorable Herbert B. Dixon, Jr., Associate Judge, Superior Court of the District of Columbia; Dr. Joseph Campbell, Former Senior Scientist at the National Security Agency's Biometric Technology Research Group Professor; and Erin Murphy of the University of California, Berkeley, School of Law. The event will take place on Tuesday, November 10, 2009 from 3:30 pm to 5:30 pm at Hart Auditorium at Georgetown Law Center. Please RSVP to rsvp2@law.georgetown.edu or contact nationalsecurity@law.georgetown.edu with questions.

UK wants claims of complicity in Guantanamo torture to be heard in secret

10/28/09: The Lift reports that the UK's attempt to have unprecedented secret hearings comes as part of a case brought by four British residents and three UK citizens who were held in Guantánamo Bay alleging that the UK government and security services were complicit in their rendition, unlawful detention and torture.

Iraqi forces detain seven terrorism suspects

10/28/09: War on Terrorism reports that Iraqi forces, aided by US advisors, arrested seven suspected terrorists today while searching for terrorist network leaders, military officials reported.

Two New York men accused of offering weapons to Hezbollah

10/28/09: The Seattle Times reports that 45-year-old Patrick Nayyar of Queens and 43-year-old Conrad Stanisclaus Mulholland were indicted Monday in federal court in Manhattan on a charge of trying to provide material support to a US-designated foreign terrorist organization.

Federal judge dismisses Guantanamo habeas petition

10/27/09: Jurist reports that Judge John Bates of the US District Court for the District of Columbia on Friday dismissed without prejudice a petition for habeas corpus filed on behalf of a Guantanamo Bay detainee after the detainee refused to meet with his appointed counsel to authorize the petition. The court dismissed the petition, which was filed in 2006 on behalf of Muieen Adeen Jamal Adeen Abd Al Fusal Abd Al Sattar by Sami al Hajj as "next friend," based on a 2008 order requiring "next friend" habeas petitions to be authorized and signed by the the detainee on whose behalf the petition was filed.

FBI is slow to translate intelligence, report says

10/27/09: The New York Times reports that the FBI’s collection of wiretapped phone calls and intercepted e-mail has been soaring in recent years, but the bureau is failing to review “significant amounts” of such material partly for lack of translators, according to a Justice Department report released Monday.

Lebanese court convicts men of Al Qaeda links

10/27/09: The Lift reports that a Lebanese court convicted 11 men of having links to Al Qaeda and carrying out terrorist acts, and sentenced them to life in prison, a court official said Saturday. The men — six Palestinians, three Lebanese and two Syrians — were tried in absentia since they are still on the run, said the official, speaking on condition of anonymity because he was not authorized to talk to the media.

McDermott team wins victory for Sikhs

10/27/09: The Blog of LegalTimes reports that McDermott Will & Emery last week, in a pro bono matter, convinced the army to allow a religious Sikh to serve while wearing full religious garb. The army gave Captain Kamaljeet Kalsi, a military doctor, permission to wear the full beard and turban Sikhs are required to wear by their faith while on active duty.

Former Uruguay military chief sentenced to 25 years for homicides during dictatorship

10/26/09: Jurist reports that former Uruguay military dictator and army chief Gregorio Alvarez was convicted of crimes against humanity and sentenced to 25 years in prison Thursday for his role in 37 homicides during the country's 1973-1985 military rule.

Event: Surveillance and privacy in an age of national insecurity

10/26/09: Case Western Reserve University School of Law has posted a webcast of "Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity," a two-day national security symposium that was presented by the Institute for Global Security Law and Policy on Oct. 23, 2009.

Fidel Castro's sister says she worked with CIA while in Cuba

10/26/09: The Miami Herald reports that Juanita Castro, sister of Cuban rulers Fidel and Raúl Castro, cooperated with the CIA in the 1960s -- a time when the US agency was plotting to assassinate Fidel and overthrow his revolution -- according to an exclusive Univisión-Noticias 23 report on her newly published book.

Opinion: Ending the US-Iran Claims Tribunal

10/25/09: Opinio Juris has an opinion responding to a Washington Post article on the continuing utility of the US-Iran Claims Tribunal. Duncan Hollis of Opinio Juris argues that, in the context of nuclear talks with Iran, the Tribunal provides a forum for discussion that the United States might want to maintain in lieu of having to go to more ad hoc interactions with attendant political questions about “preconditions,” but that some arguments in favor of dismantling the Tribunal carry weight, as well.

Abdelrazik sues Canada for its alleged role in his arrest and torture

10/24/09: The Lift reports that Abousfian Abdelrazik sued Canada for 24 million Canadian dollars (22 million USD), alleging the government’s involvement in his detention and torture. Abdelrazik also sought three million dollars (2.76 million USD) from Foreign Minister Lawrence Cannon for “misfeasance in public office.”

Iraqis arrest terrorism suspects

10/24/09: War on Terrorism reports that Iraqi police and soldiers, working with US advisors, arrested seven terrorism suspects in Iraq over the last two days, military officials reported. Iraqi police captured a suspected Islamic State of Iraq terrorist group leader and three accomplices today in Bayji.

Attorney general talks about war on terrorism

10/24/09: The Miami Herald reports that US Attorney General Eric H. Holder Jr. spoke about terrorism on Friday at the University of Maine, telling the audience that keeping the country safe from terrorism is a real concern, and the United States must not abandon the rule of law as it did in the early days of the war on terrorism.

Ruling expected on twittering anarchist raided under ‘rioting’ laws

10/23/09: Wired reports that a judge will rule on Monday on the legality of an October 1st FBI raid on the home of Elliott Madison.  Madison was arrested for allegedly listening to a police scanner and relaying information on Twitter to help G-20 protesters avoid heavily-armed police in Pittsburgh — an activity the State Department lauded when it happened in Iran.

UN slams North Korea over human rights

10/23/09:  CNN reports that Vitit Muntarbhorn, the UN special human rights investigator for North Korea has found that the World Food Programme will be able to reach fewer than 2 million of the communist country's 9 million hungry people.  He urged the UN Security Council to act as North Koreans face worsening conditions.

Israel spying devices found by UN

10/23/09: BBC News reports that Israeli spying devices that were planted during the 2006 war with Hezbollah have been discovered in southern Lebanon, the UN has said.  The devices are a violation of UN Resolution 1701, which calls for a demilitarization of the region.

INTERPOL arrests Rwanda genocide suspect in Italy

10/23/09: Jurist reports that INTERPOL announced Thursday that Rwandan genocide suspect Emmanuel Uwayezu has been arrested in Italy. The former Rwandan clergyman had long been sought by Rwandan authorities in connection with the killings of approximately 80 Gikongoro province students in May 1994.

Cambodia parliament votes to limit mass demonstrations

10/23/09: Jurist reports that the Cambodian National Assembly approved legislation Wednesday banning demonstrations of more than 200 people. The bill would also ban any gathering inside or outside the gates of factories or government buildings, and would require groups to obtain permission for planned demonstrations a minimum of 12 hours in advance. 

Canada's security certificates

10/23/09: The Economist reports on the recent history of the Canadian government’s use, since 9/11, of “security certificates” to detain and expel, without disclosing evidence, non-citizens suspected of terrorism.

Musicians call for release of records on Guantánamo detainee treatment

10/22/09: The Washington Post reports that a high-profile coalition of artists -- including the members of Pearl Jam, R.E.M. and the Roots -- demanded Thursday that the government release the names of all the songs that were blasted since 2002 at prisoners for hours, even days, on end, to try to coerce cooperation or as a method of punishment.

US continues to support a Comprehensive Convention on International Terrorism

10/22/09: The Lift reports that US diplomats at the UN General Council have reiterated the US's continued support a Comprehensive Convention on International Terrorism that would strengthen this existing legal regime and reinforce the critical principle that no cause or grievance justifies terrorism in any form.

Colombia prosecutor reports more than 20,000 forced civilian disappearances

10/22/09: Jurist reports that Colombian prosecutor Luis Gonzalez said Monday that at least 27,384 civilians disappeared between 1988 and 2002, with nearly 75 percent of them allegedly kidnapped by illegal right-wing militias.

Secret Service denies access to White House visitor logs

10/22/09: FOIA Blog reports that despite the Obama administration's recent legal settlement to begin releasing White House visitor logs later this year, it has denied the watchdog group Judicial Watch's recent request for those same records in the meantime.

DOJ indicates it may fight release of Cheney’s CIA leak transcript

10/22/09: Intelligence Daily reports that the Obama administration indicated in court papers it may appeal a federal judge’s ruling ordering the Justice Department to release portions of the transcribed interview between former Vice President Dick Cheney and Patrick Fitzgerald, the special prosecutor appointed to probe the roles Bush administration officials played in the leak of covert CIA operative Valerie Plame Wilson six years ago.

Taliban suspected of stockpiling 'missing' Afghan opium

10/22/09: CNN reports that enough Afghan opium to supply world demand for two years has effectively gone missing, with the Taliban suspected of stockpiling supplies in a bid to corner the market, the United Nations Office for Drugs and Crime (UNODC) has revealed.

3 men in Ohio terrorism case are sentenced

10/22/09: The Miami Herald reports that Mohammad Amawi, Marwan El-Hindi, and Wassim Mazloum, three Ohio men convicted of plotting to recruit and train terrorists to kill US soldiers in Iraq, were sentenced in federal court Wednesday to more than eight years in prison.

US bioterrorism efforts criticized

10/22/09: The Washington Post reports that the US is failing to address the threat of bioterrorism, according to leaders of a bipartisan Congressional panel that warns that an attack worldwide is more likely than not by the end of 2013.

UN investigator urges protection of detainees

10/21/09: The Miami Herald reports that Manfred Nowak, the UN's top investigator on torture and punishment, called Tuesday for a new UN convention to protect the rights of detainees, saying many are held for years and sometimes for a lifetime in inhuman and degrading conditions.

Supreme Court to consider whether judges can order release of detainees into the US

10/21/09: The Washington Post reports that the Supreme Court set aside the objections of the Obama administration and said Tuesday that it will consider whether judges have the power to release Guantanamo Bay detainees into the United States if they have been deemed not to be "enemy combatants."

Uruguay high court overturns amnesty law for rights violations during dictatorship

10/21/09: Jurist reports that the Uruguayan Supreme Court on Monday found unconstitutional the country’s Expiry Law, which granted amnesty to military officials accused of human rights violations during the country's 1973-1985 dictatorship.

Former State Department employee charged in kickback scandal

10/21/09: The Washington Post reports that Richard Lopez Razo, a former State Department program manager in Iraq, has been charged with accepting tens of thousands of dollars in kickbacks in exchange for steering contracts to Iraqi construction firms, according to court documents.

Chile to apply anti-terrorism law to prosecute indigenous dissidents

10/20/09: Jurist reports that Chilean Subsecretary of the Interior Patricio Rosende announced Tuesday that Chile will use a 1984 anti-terrorism law to prosecute indigenous Mapuches for attacks allegedly committed in the southern region of Araucania.