Georgetown Security Law Brief

In Afghanistan, US seeks to fix a tattered system of justice

02/28/10: The Washington Post reports that US State Department legal experts and contractors are fanning out across the capital and throughout the provinces, trying to build a functioning legal and correctional system in a broken country where justice is too often delayed, denied or nonexistent. The widespread sentiment that there is no justice in Afghanistan is one of the principal causes of popular disillusionment with the government of President Hamid Karzai. The feeling has been exploited by the militant Taliban, which dispenses its own brutal version of summary justice in areas under its control.

UK troops in Afghanistan 'for five years'

02/28/10: The Times (UK) reports that British troops will remain in Afghanistan for the next five years, according to the head of the Army. General Sir David Richard expects combat in the country to “trail off in 2011” but said the military would stay to provide training and support for Afghan troops.

Al Qaeda group says it kidnapped Italian man, wife

02/28/10: CNN reports that Al Qaeda's north African wing has released an audio message from an Italian man whom it says it has kidnapped and has set a 25-day deadline for the Italian government to meet its demands. The message was accompanied by a still photograph, posted on Islamist Web sites, showing a bearded man kneeling in front of a group of six armed and masked men.

Lawmakers punt Patriot Act to Obama

02/27/10: Wired reports that Congress is sending President Barack Obama legislation that extends three provisions of the Patriot Act — despite heated debate among lawmakers that the surveillance measure goes too far.Three measures of the act were set to expire at the end of 2009, but in December lawmakers extended the deadline to the end of February in hopes of reaching a compromise. But no deal was reached by the end of the new Feb. 28 deadline. Instead, the Senate and House of Representatives ditched their two conflicting measures and extended the Patriot Act for another year without any changes.

Germans agree to boost Afghan troop mission

02/27/10: The Financial Times reports that the German government secured broad parliamentary backing to raise its contingent of troops in Afghanistan from 4,500 to up to 5,350, although the traditional cross-party consensus about the mission looked increasingly shaky. Lawmakers from the ruling Christian Democrats and Free Democrats were joined by most opposition Social Democrats. A total of 429 parliamentarians voted in favor – with 111 against and 46 abstentions.

Pakistani court blocks transfer of Mullah Baradar and four senior Taliban leaders to Afghanistan

02/27/10: The Long War Journal reports that one of Pakistan's top courts has blocked the extradition of five senior Afghan Taliban commanders to Afghanistan, the United States, or any other country. The Lahore High Court has prohibited the Pakistani government from transferring Mullah Abdul Ghani Baradar, the Afghan Taliban's second in command, and four other members of the Quetta Shura to foreign custody after receiving a petition from a lawyer with known links to the Taliban and al Qaeda.

UN to weigh lifting Saddam-era sanctions on Iraq

02/27/10: The Miami Herald reports that Iraq picked up momentum Friday in its bid to remove the UN trade sanctions that have been hampering its economy for nearly two decades in punishment for Saddam Hussein's invasion of Kuwait. With Iraq preparing for March 7 elections and US combat troops getting ready to withdraw in August, the Obama administration has been pushing for the UN Security Council to provide a boost to Iraq's economy by lifting sanctions affecting billions of dollars in annual trade.

Justice Department reveals more missing e-mail files

02/27/10: The New York Times reports that large batches of e-mail records from the Justice Department lawyers who worked on the 2002 legal opinions justifying the Bush administration’s brutal interrogation techniques are missing, and the Justice Department told lawmakers Friday that it would try to trace the disappearance.

Congressman says laptops seized in Army base probe

02/27/10: The Miami Herald reports that a South Carolina congressman said Friday that five Muslim soldiers at Fort Jackson, SC, had been removed from active duty, and four of them discharged from the Army, in connection with an ongoing probe into alleged threats to poison food at the large South Carolina base. Republican Rep. Joe Wilson, who sits on the House Armed Services Committee, said the soldiers' laptops had been seized and were being analyzed. Congressional officials with knowledge of the case said cell phones and Arabic writings had been confiscated as well.

Venezuela rights chief disputes critical OAS report

02/27/10: JURIST reports that the top Venezuelan human rights official on Thursday criticized findings in a report issued by the Organization of American States Inter-American Commission on Human Rights. Ombudsman Gabriela Ramirez, Venezuela's top rights official, said that the report makes unfair characterizations and undermines Venezuelan democracy. Ramirez responded to statistical findings in the report that suggest the perpetuation of undemocratic processes, saying that the data actually show an improved rights record. In a related statement issued Friday, Venezuelan President Hugo Chavez reaffirmed his belief that the IACHR, which has seven members elected by the OAS General Assembly, is an instrument of US imperialism.

Muammar Gaddafi calls for jihad on Swiss after ban on building minarets

02/27/10: The Times (UK) reports that Muammar Gaddafi has appealed for jihad against Switzerland, long regarded as one of the most peaceful nations in the world. The Libyan leader’s call for a holy war was, he said, a response to a Swiss referendum in November to ban the construction of minarets on mosques. It is the low point in a relationship that has been deteriorating since 2008 when Colonel Gaddafi’s son Hannibal was briefly detained in Geneva after allegedly beating his servants.

02/27/10: JURIST reports that UN Under-Secretary-General Sergei Ordzhonikidze on Friday condemned calls by Libyan leader Muamar Gaddafi for a jihad on Switzerland. Ordzhonikidze called the declaration "inadmissible". Also Friday, a spokesperson for EU high representative Catherine Ashton criticized Gaddafi's calls. Gaddafi had earlier warned that the ban could make Switzerland an enticing target for al Qaeda.

Fifth Circuit rules that Vaughn Index is necessary to withhold documents

02/27/10: The FOIA blog reports that the United States Court of Appeals for the Fifth Circuit has ruled that the IRS did not adequately explain its witholdings and must provide a Vaughn index when in litigation before it can have a Court rule that it properly withheld documents.  The Court explained in detail why a Vaughn index or a similar document that specifically explains why documents have been withheld are necessary.

On Capitol Hill, DOJ official defends decision on torture memos

02/26/10: The BLT reports that lawmakers got their first chance Friday to question the US Justice Department about its decision not to pursue disciplinary action against the Bush-era lawyers who authored legal opinions on the use of torture. At a hearing of the Senate Judiciary Committee, senators of both parties praised the work of the career Justice Department lawyer, David Margolis, who made the decision. Yet they emphasized different parts of Margolis’ 69-page memo — Republicans noting that Margolis cleared the lawyers of professional misconduct, Democrats noting that Margolis nevertheless criticized the judgment and work of those lawyers.

Turkey detains more military officers

02/26/10: The New York Times reports that Turkish authorities detained 18 serving and retired military officers Friday, adding to fears that the conflict between the country’s secular military and religiously inspired government was worsening.

02/26/10: JURIST reports that a Turkish court charged an additional 11 military officers Friday morning as the investigation into the military's so-called "Sledgehammer plot" to overthrow the government continues, bringing the total charged so far to 31. Turkish Prime Minister Recep Tayyip Erdogan spoke at a Justice Development Party meeting, vowing that all those involved in the plot would stand trial.

House leaders stop vote to ban degrading treatment

02/26/10: The Washington Times reports that the House Democratic leadership stopped a vote Thursday night on the $50 billion classified intelligence budget after Republicans mounted a campaign against one of its provisions to ban degrading treatment of detainees and some moderate Democrats indicated they would not vote for the bill. The Republican lawmakers, led by Rep. Pete Hoekstra of Michigan, opposed what they saw as backdoor legislation that would impose fines and prison terms on intelligence officers who abuse captured terrorism suspects.

Rwanda tribunal sentences ex-army officer to twenty five years for genocide

02/26/10: JURIST reports that the International Criminal Tribunal for Rwanda on Thursday convicted ex-army officer Ephrem Setako on charges of genocide, crimes against humanity, and murder and sentenced him to 25 years in prison. The tribunal found that Setanko, a lieutenant colonel in the Rwandan Army who was also head of the legal affairs division of the Ministry of Defense, ordered the killing of around 50 Hutus at a military camp in northern Rwanda between April and May 1994. He was acquitted of complicity to commit genocide, murder as a crime against humanity, and pillage as a war crime.

Tolimir genocide trial begins at ICTY

02/26/10: Balkan Insight reports that the trial of General Zdravko Tolimir, accused of crimes committed in Srebrenica in July 1995, will begin today in The Hague. Tolimir, 61, will represent himself during the trial. Tolimir was responsible for intelligence and security for the Army of Republika Srpska, VRS. He was one of seven deputy commanders to General Ratko Mladic, who is still at large 15 years.

Iraq to rehire twenty thousand Hussein-era army officers

02/26/10: The New York Times reports that the Iraqi government said Thursday that it would reinstate 20,000 army officers who served under Saddam Hussein, a surprising move given that Prime Minister Nuri Kamal al-Maliki has focused his campaign in the coming parliamentary elections around denouncing the former Baath government. After the American invasion of Iraq in 2003, the Iraqi Army was disbanded as the governing authority at the time, the American-led Coalition Provisional Authority, instituted a policy of de-Baathification. However, the move is now widely seen as helping fuel an insurgency.

Turkish court releases former top military officers detained over coup plot

02/26/10: JURIST reports that a Turkish court on Thursday released three high ranking military officials detained for questioning over an alleged coup plot, hours after top political and military officials met to discuss the escalating situation. The court released former chief of the Navy, Adm. Ozden Ornek, ex-chief of the Air Force Gen. Ibrahim Firtina, and Gen. Ergin Saygun, ex-deputy chief of the military, but all three remain under investigation.

US judge throws out suit against Palestinian Authority over torture

02/26/10: Politico reports that a federal judge in Washington has ruled that an alleged victim of torture at the hands of Palestinian police cannot sue the Palestinian Authority in a US court. Judge Richard Roberts has thrown out a lawsuit brought by Ali Mahmud Ali Shafi, a man who says he served as an Israeli informant in the West Bank. Ali Shafi contends he was abducted by Palestinian Authority security officials in September 2001. Torture victims can sue their alleged tormentors under a 1991 law, the Torture Victims Protection Act. However, that law applies only to suits against individuals, and Ali Shafi sued the Palestinian Authority itself and the Palestine Liberation Organization.

UN rights chief backs Gaza conflict report

02/26/10: JURIST reports that UN High Commissioner for Human Rights Navi Pillay publicly supported the final report of the UN Fact Finding Mission of the Gaza Conflict on Wednesday, calling its conclusions sound. The report, originally adopted by the UN Human Rights Council in October, accused both Israeli Defense Forces and Hamas fighters of war crimes during the 2008-2009 Gaza conflict.

Documents reveal CIA briefed lawmakers on enhanced interrogation techniques

02/25/10: JURIST reports that the US Central Intelligence Agency briefed lawmakers between 2001 and 2007 on the specifics of enhanced interrogation techniques, according to declassified documents made public by Judicial Watch. The documents, obtained by Judicial Watch pursuant to a court order, indicate that at least 68 members of congress were briefed on the use of controversial techniques such as waterboarding and include the dates on which these briefings took place.

Mexican drug lord sentenced in US

02/25/10: CNN reports that Osiel Cardenas Guillen, the former head of a powerful Mexican drug cartel, was sentenced to 25 years in prison and will forfeit to the United States $50 million in illegal proceeds, a judge ruled. Cardenas Guillen, 42, was the leader of the Matamoros, Mexico-based Gulf cartel until his capture in 2003. He was subsequently extradited to the United States to face drug trafficking charges in 2007. US District Judge Hilda Tagle handed down the sentence Wednesday, following an earlier guilty plea by the drug kingpin.

Judge OKs detention of two men Bush panel cleared

02/25/10: The Miami Herald reports that a federal judge Wednesday ruled that the Pentagon can continue to hold indefinitely at Guantánamo two Yemeni captives whom the Bush administration cleared for release two years ago. The one-page orders by US District Judge Gladys Kessler upholding the detentions of Suleiman Awadh Bin Agil al Nahdi, 36, and Fahmi Salem al Assani, 33, did not include her reasoning. A Bush-era parole-style panel notified both Nahdi and Assani in February 2008 that the Pentagon's Administrative Review Board had approved their transfer home to Yemen. Those release decisions were suspended a year ago after President Barack Obama took office and set up a task force review of his own.

Liberian denies US claims of civil war killings

02/25/10: The Miami Herald reports that a significant figure in Liberia's civil war now living in upstate New York has denied charges that he is responsible for killings overseas and is in the United States without valid documents. US Immigration and Customs Enforcement authorities are moving to return George Boley Sr. to Liberia based on allegations that he was the leader of a warring faction that committed grisly human rights abuses during the West African country's more than decade-long civil war.

US refuses to endorse British sovereignty in Falklands oil dispute

02/25/10: The Times (UK) reports that Washington refused to endorse British claims to sovereignty over the Falkland Islands yesterday as the diplomatic row over oil drilling in the South Atlantic intensified in London, Buenos Aires and at the UN. Despite Britain’s close alliance with the US, the Obama Administration is determined not to be drawn into the issue. It has also declined to back Britain’s claim that oil exploration near the islands is sanctioned by international law, saying that the dispute is strictly a bilateral issue.

Confusion over Afghan militant transfer deal

02/25/10: CNN reports that an Afghan government official said a tentative agreement was reached Wednesday to transfer a detained Afghan Taliban military leader from Pakistan to Afghanistan, but Pakistan quickly denied the assertion. An Afghan Interior Ministry spokesman Zemeri Bashari said that Mullah Abdul Ghani Baradar is to be handed over to Afghanistan as part of a prisoner swap between the two countries. Baradar's presence in Afghanistan would mean US authorities would have direct access to the militant, whose recent arrest in the Pakistani city of Karachi earlier this month has been seen as a major stride in the war against the Taliban.

Senate votes to extend Patriot Act elements

02/25/10: The New York Times reports that the Senate on Wednesday extended for a year key provisions of the nation’s counterterrorism surveillance law that are scheduled to expire at the end of the month. The provisions authorize court-approved roving wiretaps that permit surveillance on multiple phones, court-approved seizure of records and property in antiterrorism operations, and surveillance against a noncitizen suspected of engaging in terrorism who may not be part of a recognized terrorist group.

EPA sharply criticizes military's Guam plan

02/25/10: The Miami Herald reports that the Environmental Protection Agency is sharply criticizing the military's plan to move thousands of Marines to Guam, saying its failure to plan for infrastructure upgrades would lead to raw sewage spills and a shortage of drinking water. Further, the agency said the military's plan to build a new aircraft carrier berth at the US territory's Apra Harbor would result in "unacceptable impacts" to 71 acres of a high quality coral reef.

Ireland court dismisses case against only man charged in 1998 Omagh bombing

02/24/10: JURIST reports that the Irish Special Criminal Court on Wednesday dismissed the case against the only man criminally convicted for a role in the 1998 Omagh bombing, finding that the evidence against Colm Murphy was not strong enough to support the conviction. In 2002, the Special Criminal Court originally sentenced Murphy to 14 years in prison for providing cell phones to those who planted the bomb. Murphy was granted a retrial in 2005 when the appeals court found that the evidence against him had been mishandled by the police.

Venezuela, President Chavez criticized in OAS report

02/24/10: The Washington Post reports that the human rights branch of the Organization of American States issued a blistering 300-page report Wednesday morning against one of its members, Venezuela, saying that the oil-rich country run by President Hugo Chavez constrains free expression, the rights of Venezuelans to protest and the ability of opposition politicians to function.

Opinion: My Gift to the Obama Presidency

02/24/10: The Wall Street Journal has an opinion piece by former Bush administration attorney John Yoo arguing that his efforts to protect presidential power will serve President Obama well in the fight against terrorists and strongly criticizing the Justice Department's Office of Professional Responsibility.

Three Guantanamo prisoners transferred to Albania

02/24/10: Balkan Insight reports that the Albanian Ministry of Interior announced on Wednesday that it has accepted the transfer of three prisoners from the US detention center in Guantanamo Bay, Cuba. The transfer of the three prisoners, Saleh bin Hadi Asasi, of Tunisian nationality; Sharif Fati Ali al Mishad, from Egypt; and Abdul Rauf Omar Mohammad Abu al Qusin, from Libya, was reached through separate agreements between Albania and the United States.

Escalating Falklands oil dispute goes to UN

02/24/10: The Times (UK) reports that the diplomatic row over the Falkland Islands deepened dramatically after Argentina announced that it would take its protests over British oil exploration to the United Nations today. At the Rio Group summit in Mexico yesterday, Buenos Aires won unprecedented support from other Latin American states for its demand that the UK stop drilling in waters near the islands. Argentina’s Foreign Minister is to meet the UN Secretary-General, Ban Ki Moon. A resolution is also set to be tabled in the UN General Assembly condemning Britain for allowing Ocean Guardian to begin drilling 60 miles north of the islands after Argentina announced new shipping controls.

French hostage freed in Mali

02/24/10: The New York Times reports that a French hostage held captive in Mali for three months by Al-Qaida's North Africa offshoot was freed Tuesday, following a contested court decision ordering a jail release for four suspected members of the militant group that abducted him.

Ban on women on submarines ends

02/24/10: The New York Times reports that the Pentagon has moved to lift a decades-old policy that prohibits women from serving aboard Navy submarines. Women began serving on the Navy’s surface ships in 1993, but had been barred from submarines because of concerns that the close quarters would make it difficult to manage men and women serving together. The plan will phase in women’s service, beginning with officers aboard the larger submarines that are easier to retrofit for coed quarters.

Anti-terrorism case not an easy one

02/23/10: SCOTUSblog reports that with a federal government lawyer pushing for a sweeping interpretation of the government’s most-used anti-terrorism law, the Supreme Court on Tuesday at times seemed tempted to conclude that, perhaps, the law may go too far.  Although some of the Justices made it clear they were sympathetic to Congress’ attempts to stop aid to international terrorist groups, a somewhat surprising skepticism set in as the 62-minute argument in the Humanitarian Law Project cases unfolded. The Court was reviewing the cases of Holder v. Humanitarian Law Project (08-1498) and Humanitarian Law Project v. Holder (09-89) as tests of a law dating back to 1996 providing up to 15 years in prison if convicted of providing “material support” to any group designated by the US government as terrorist.

Opinion: How to keep future John Yoos under control

02/23/10: The Washington Post has an opinion piece by Bruce Ackerman of Yale Law advocating an overhaul of the Office of Legal Counsel and the creation of an executive tribunal.

Algeria court acquits former Guantanamo detainee

02/23/10: JURIST reports that an Algerian criminal court on Sunday acquitted former Guantanamo Bay detainee Mustafa Hemlili of charges of counterfeiting and affiliation to a militant group that is active abroad. Hemlili was released from Guantanamo, along with fellow inmate Hederbash Sufian, after a six-year detention period. Hemlili had traveled with family members to Mali, Saudi Arabia, and Pakistan without a passport before going to the Afghanistan-Pakistan border region to work with an international relief agency assisting Afghan refugees. After the 9/11 attacks, Hemlili was captured in Peshawar, Pakistan, with a forged Iraqi passport.

'Miracle escape' as car bomb explodes outside Ulster court

02/23/10: The Times (UK) reports that Republican terrorists were blamed last night for detonating a car bomb outside the courthouse of the Irish border city of Newry. The vehicle-born device was abandoned close to the gates of the court in Newry, Co Down around ten o’clock last night. Police were evacuating the area when the bomb went off. Officers said it was a ’miracle’ no one was killed or injured.

North Korean weapons shipment reported seized

02/23/10: The New York Times reports that South Africa has intercepted a North Korean weapons shipment bound for Central Africa. South Africa intercepted the vessel and seized parts for T-54 and T-55 tanks. Several Western diplomats said the shipment violated Security Council Resolution 1874, which banned all North Korean arms exports in response to its nuclear test last year.

Opinion: John Yoo and Jay Bybee should not be home free

02/22/10: Slate has an opinion piece by David Luban of the Georgetown University Law Center criticizing Associate Deputy Attorney General David Margolis's decision not to refer John Yoo and Jay Bybee to ethics discipline.

Former top generals detained in Turkish coup inquiry

02/22/10: The New York Times reports that in one of the toughest actions against the powerful Turkish military in the history of modern Turkey, the police detained three of the country’s highest-ranking former generals on Monday as part of a vast and lengthy investigation into a shadowy ultranationalist movement accused of planning to overthrow the Islamist-inspired government. News reports identified the detainees as a former deputy chief of the general staff, Ergin Saygun; a former air force commander, Ibrahim Firtina; and a former naval commander, Ozden Ornek. They were detained at their homes in Istanbul and the capital, Ankara.

Niger junta gives assurances on democracy plans

02/22/10: The New York Times reports that the military junta that deposed Niger’s longtime leader last week sought to assure visiting diplomatic delegations on Sunday that it would soon restore democracy, as more signs emerged that the violent overthrow had been widely welcomed in this impoverished West African desert nation.

Report seeks sole agency to rebuild war zones

02/22/10: The New York Times reports that the government agency responsible for monitoring American reconstruction work in Iraq has proposed the creation of a single organization to oversee future rebuilding to avoid the fraud and waste that have marred this work in the past. The report, released Monday by the Office of the Special Inspector General for Iraq Reconstruction, said an organization with sole authority for reconstruction would eliminate much of the confusion and interagency rivalries that have hampered rebuilding in Iraq and Afghanistan.

Shinseki promises US will fix broken VA disability system

02/22/10: The Miami Herald reports that Veterans Affairs Secretary Eric Shinseki said he's making it a top priority this year to tackle the backlog of disability claims that has veterans waiting months, or even years, to get financial compensation for their injuries. Among those waiting for relief are sick Vietnam and Gulf War veterans to whom the former Army commander feels an allegiance and who have long felt ignored.

Another senior Afghan Taliban leader detained in Pakistan

02/22/10: The Long War Journal reports that Pakistani security forces detained another senior Afghan Taliban leader in a raid in the northwest. Maulvi Abdul Kabir, the Taliban's former shadow governor of the eastern Afghan province of Nangarhar who led the group's council in the city of Peshawar, was arrested in the district of Nowshera in Pakistan's insurgency-wracked Northwest Frontier Province.

NATO airstrike kills thirty three civilians in Afghanistan

02/22/10: The Times (UK) reports that at least 33 civilians have been killed in a NATO airstrike in southern Afghanistan. Initial reports indicated that NATO attacked a convoy of three vehicles on Sunday as they travelled towards Kandahar. The dead included four women and one child and 12 others were injured.

Plane attack prompts debate over terrorism label

02/21/10: The Miami Herald reports that for police in Austin, the question of whether an attack should be classified as a criminal act or an act of terrorism is a question tied to the potential for public alarm: the building set ablaze by Joseph Stack's suicide flight was still burning Thursday afternoon when officials confidently stood before reporters and said the crash wasn't terrorism.

Justice Department decision on terror memos sparks legal debate

02/21/10: The Washington Post reports that a Justice Department decision to reject sanctions against Bush-era lawyers who approved harsh treatment of terrorism suspects provoked a heated exchange among legal experts Saturday over whether the lawyers' actions had constituted unethical conduct or violated professional standards.