Georgetown Security Law Brief

New war crime indictment in Belgrade

03/11/10: Balkan Insight reports that the Prosecution in Belgrade has indicted Darko Radivoje, nicknamed Gurgula, for war crimes committed in 1991 in Croatia. According to the indictment, Radivoje, 41, was a member of the Territorial defence in Tenja, Croatia who fought alongside Serb forces during the war. Radivoje, a Serbian national, allegedly killed Marjan Pletes, a member of the Croatian Army, on 20 November 1991. Radivoje allegedly took Pletes from the hospital where he had been brought after being wounded with the intention of taking him to the command headquarters in Boboti. According to the indictment, on the way to Boboti, Radivoje took Pletes out of the ambulance and killed him.

Hamas releases British journalist

03/11/10: The New York Times reports that a British journalist was freed in Gaza on Thursday after being held for 25 days by the Hamas authorities. The journalist, Paul Martin, was arrested Feb. 14 at the trial of a Palestinian accused of collaborating with Israel. Mr. Martin had planned to testify on behalf of the man, a former member of a rocket-firing squad and the subject of a documentary Mr. Martin made in 2008. Mr. Martin left Gaza immediately after his release, after the authorities warned him not to return.

Spanish minister discusses Batko extradition

03/11/10: Balkan Insight reports that Veselin Vlahovic Batko will be tried in Spain and will serve his sentence in Spain if convicted, but there is a possibility that he could be temporarily extradited to Bosnia to face charges of war crimes, Spanish Interior Minister Alfredo Peres Rubalcalba said on a visit to Bosnia. Bosnia requested Batko's extradition based on accusations of crimes he allegedly committed during the Bosnian war in Grbavica, a neighborhood in Sarajevo that was controlled by the Republika Srpska Army. The Bosnian State Prosecution argues that he participated in a number of murders, rape, tortures, and forced detentions of Bosniaks and Croats who were living in Grbavica.

Russia makes arrests in fatal train bombing

03/11/10: The New York Times reports that a Moscow court on Wednesday approved the arrest of 10 suspects in the November 2009 bombing of the Nevsky Express passenger train, which derailed while en route from Moscow to St. Petersburg and killed 28 people. Nine of the suspects were arrested during a federal raid last week on a village outside Nazran, the capital of the republic of Ingushetia.

Bush intervened in Northern Ireland dispute

03/11/10: The New York Times reports that former President George W. Bush personally intervened last week in a dispute over the peace process in Northern Ireland in his first known direct involvement in a public policy debate since leaving the White House. Mr. Bush called David Cameron, the leader of the Conservatives in Britain, to urge him to press allies in Northern Ireland to support the latest step in the peace process. But the effort proved unsuccessful, as Mr. Cameron’s allies in Belfast refused to go along in a vote on Tuesday.

Ganic released on bail

03/11/10: Balkan Insight reports that the High Court in London has decided to release Ejup Ganic on £200,000 bail. Lord Justice Laws granted the wartime member of Bosnia's presidency bail on "stringent" conditions. Serbia suspects Ganic, who was a member of the wartime presidency of Bosnia, of war crimes related to his alleged involvement in an attack on a convoy of the Yugoslav People's Army as it was leaving Sarajevo in May 1992. The Defense claims that the extradition is an "abuse of process" and they refer to “mistakes on the warrant of arrest, including the way in which the allegation of murder has been framed and how the court should deal with the allegation of a breach of the Geneva Convention.”

Karadzic files appeal for trial postponement

03/10/10: Balkan Insight reports that Radovan Karadzic has called on the Appellate Chamber of the Hague Tribunal to postpone the presentation of evidence against him until June 17 this year. Karadzic is appealing the Trial Chamber's decision not to postpone the start of the Prosecution's presentation of evidence. He argued that "the Defence team may be able to acquaint itself with the documents" by June 17 this year.

Ex-UK spy chief says US concealed torture from MI5

03/10/10: The Times (UK) reports that a former head of MI5 has claimed that US intelligence agencies deliberately concealed their mistreatment of terror suspects. Baroness Manningham-Buller said she learnt that Khalid Sheikh Mohammed, the mastermind behind the 9/11 attacks, had been waterboarded only after she retired from the Security Service in 2007.

Delay on arms pact slows reset of US- Russia ties

03/10/10: The New York Times reports that negotiators are making a fresh effort this week to break the diplomatic logjam over an arms control treaty and finish by the end of the month, so they can showcase the new treaty at an international summit meeting on nuclear nonproliferation that President Obama will host in Washington in April. Underscoring his determination to seal the deal, he sent Ellen Tauscher, the under secretary of state for arms control, to Geneva to help resolve remaining differences, and Secretary of State Hillary Rodham Clinton plans to travel to Moscow next week.

Seven nabbed over Swedish cartoonist plot

03/09/10: The Washington Times reports that police in Ireland on Tuesday arrested seven people over an alleged plot to kill a Swedish cartoonist who depicted the Prophet Muhammad with the body of a dog. Al Qaeda in Iraq put a $100,000 bounty on the cartoonist's head after a Swedish newspaper ran his picture of Muhammad's head on a dog's body in 2007.

Venezuela linked to terror groups

03/09/10:The Washington Times reports that accusations by Spanish authorities that Venezuela aided an alliance between Basque and Colombian terror groups that plotted joint attacks in Colombia and Spain have revived a debate over Venezuela's possible role as a state sponsor of terrorism. An indictment issued by Judge Eloy Velasco of Spain's anti-terrorism court specifically cites "Venezuelan governmental cooperation" with 12 members of the Basque separatist group ETA and guerrillas of the Marxist Revolutionary Armed Forces of Colombia (FARC).

Uighur sentenced for spying in Sweden

03/09/10: The New York Times reports that Sweden sentenced a Uighur man to 16 months in prison on Monday for spying on a community of Uighur refugees and passing information to China. The man, Babur Maihesuti, 62, was convicted of handing information about the health, travels and political leanings of other Uighurs to a journalist and diplomat who was a Chinese intelligence officer.

UK justices hear detainees' torture appeal

03/08/10: The Associated Press reports that lawyers for six former Guantanamo detainees on Monday appealed a ruling that the British government can use secret evidence to fight a claim that it was complicit in their abuse. The former terror suspects, all British citizens or residents, are suing the government and intelligence agencies over their alleged mistreatment in Afghanistan, Guantanamo and elsewhere. They deny any involvement in terrorism and allege that British spy agencies abetted their unlawful imprisonment and extraordinary rendition to locations around the world where they were tortured. HT to How Appealing.

Russian forces kill militants linked to train attack

03/07/10: CNN reports that Russian security forces killed eight militants that it said were connected to a 2009 terrorist attack. The Russian forces also detained 10 militants in connection with the 2009 attack, in a special operation in the southern Russian republic of Ingushetia earlier this week.

France prosecutors file terrorism charges against suspected Basque separatist leader

03/06/10: JURIST reports that French prosecutors on Friday filed preliminary terrorism charges against the suspected leader of the Basque separatist group ETA, along with two other people who are believed to be senior members of the group. A judicial source said that the charges against the alleged ETA members stem from preparations to commit a terrorist act, including theft, forgery, and illegal arms charges. The three men, Ibon Gogeascoechea Arronategui, Beinat Aguinalde Ugartemendia, and Gergorio Jimenez Moralesare, were arrested on Sunday in the French village Cahan in a joint Spain-France operation.

House panel narrowly passes recognition of Armenian genocide

03/05/10: The LA Times reports that sponsors of a long-debated congressional resolution to officially recognize the Armenian genocide cleared a key hurdle by a one-vote margin Thursday, but face a tough battle ahead to bring the measure before the House. The resolution passed the House Foreign Affairs Committee 23 to 22 over opposition from members of both parties who warned it could damage US relations with Turkey, an important ally.

UK Prime Minister seeks to limit war crimes arrest warrants for international leaders

03/05/10: Jurist reports that UK Prime Minister Gordon Brown on Thursday proposed tighter restrictions on the use of politically motivated arrest warrants for foreign leaders accused of war crimes. Brown said that he would seek to make tougher "the evidential basis on which arrest warrants can be allowed" and to restrict the right to prosecute universal jurisdiction crimes to the Crown Prosecution Service.

Germany Federal Constitutional Court overturns data retention law

03/04/10: The Lift reports that Germany’s Federal Constitutional Court on Tuesday, March 2, overturned a 2008 law requiring telecommunications providers to store information on telephone calls, e-mails, and Internet use for six months for use in possible terrorism investigations, saying it posed a “grave intrusion” to personal privacy rights and must be revised, although it did not call into question the original EU law, which provides for member states storing telephone and internet data for up to 24 months.

Muslim radicals jailed for up to twelve years for planning Frankfurt terror attack

03/04/10: The Times (UK) reports that Germany's biggest terrorist trial of recent times has wound up with jail terms of between five and twelve years for four Muslim radicals who plotted to blow up US military installations, airports and night clubs in the Frankfurt area.

Italy arrests nine people on weapons trafficking to Iran

03/03/10: Bloomberg reports that Italy’s Finance Police said it arrested five Italians and four suspected Iranian agents on suspicion of weapons trafficking to Iran.

Europe officials urge new international court for communist crimes

03/02/10: Jurist reports that an international court to prosecute crimes against humanity committed by communist regimes should be created by the European Union (EU), the participants of the Prague Crimes of the Communist Regime Conference said in a joint statement Friday.

Spain judge accuses Venezuela government of aiding rebel groups in assassination plot

03/02/10: Jurist reports that a Spanish National Court judge on Monday accused the Venezuelan government of aiding two rebel groups in a plot to assassinate members of the Colombian government in Spain. Judge Eloy Velasco charged six members of the Basque separatist group ETA and seven members of the Colombian rebel group Revolutionary Armed Forces of Columbia (FARC) with subverting the constitutional order by collaborating to assassinate Colombian officials, including President Alvaro Uribe and his predecessor Andres Pastrana.

Radovan Karadzic trial becomes a battle over timing

03/01/10: BBC News reports that Radovan Karadzic has been a reluctant participant in this trial. The former leader of the Bosnian Serbs has appeared just a few times, regularly boycotting the process.

Basque separatist leader arrested in France

03/01/10: Jurist reports that the Interior Ministry of Spain said Sunday that it has taken into custody the suspected leader of the Basque separatist group ETA, along with two other people who are believed to be senior members of the group. Ibon Gogeascoechea Arronategui and the two others were arrested in the French village of Cahan, after a long surveillance operation by Spain and France.

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.

Basque ETA chief arrested

02/28/10: CNN reports that police arrested the suspected top leader of the Basque separatist group ETA early Sunday along with two other senior suspects from the outlawed armed group, Spain's Interior Ministry said. The arrests took place in France. The top suspect was identified as Ibon Gogeascoechea Arronategui, 54. He is wanted for the murder of a police officer and has been a fugitive for 12 years, the statement said.

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.

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.

Karadzic defense team to argue Sarajevo was a legitimate military target

02/26/10: Balkan Insight reports that according to Marko Sladojevic, a member of Radovan Karadzic's defense team, the arguments that Sarajevo and Srebrenica were regular military targets, while UN soldiers belonged to one of the warring parties will be two main elements in Karadzic's opening arguments in March.

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.

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.

Fifteen new suspects in Dubai murder plot

02/24/10: CNN reports that police on Wednesday announced 15 new suspects in the January killing of a Hamas leader at a Dubai hotel, bringing to 26 the number of people suspected of involvement in his death. Authorities previously had released a list of 11 suspects in the killing of Mahmoud al-Mabhouh, a founding member of Hamas' military wing. Al-Mabhouh was found dead in his hotel room January 20. Police believe he was killed the night before. Among the new suspects are six more people who allegedly used British passports in the commission of the crime, four others using Irish passports, two other French passport holders and three people, including a woman, traveling on Australian passports.

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.

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.

Poland releases info on alleged CIA flights

02/23/10: The Washington Times reports that a government-run agency has for the first time provided official records confirming the landing in Poland of planes associated with the CIA's secret detainee program, two human rights groups said Monday. The data add support to findings from a 2007 Council of Europe report that accused 14 European governments of permitting the CIA to run detention centers or carry out secret flights between 2002 and 2005. Though flight logs did not reveal that prisoners were on the plane, it confirmed that the flights landed in Poland, which the country previously has denied, said Adam Bodnar of the Helsinki Foundation.

'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.

Serbian police search for Mladic in Belgrade

02/23/10: Balkan Insight reports that police in Belgrade started searching early Tuesday morning for war crime indictee Ratko Mladic around his house in the Banovo Brdo neighbourhood in Belgrade. About 20 armed police members and three or four vehicles were in front of Mladic's house in Blagoja Parovica Street No. 119, blocking the approach to the house.

New resources approved for Karadzic defense

02/22/10: Balkan Insight reports that the Hague Tribunal President has approved additional resources for Radovan Karadzic to prepare his defense. Robinson approved the refunding of a total of 1,200 hours per month to eight defense team members. According to this decision, Karadzic's advisor, Peter Robinson, will be paid "72 Euro per hour, which is the usual fee for an additional attorney." The Tribunal President approved the request "due to the high complexity of the case", and the decision will enable all eight advisors to work on preparations for the trial. However, he said that the refunding will be reduced to 750 hours per month once the trial begins, as the preparations will have been completed by then.

France orders five former detainees back to court

02/21/10: The Miami Herald reports that France's highest court on Wednesday overruled a lower court's acquittal of five former inmates at the Guantánamo Bay prison and ordered an appeals court to rehear the case centering on terrorism charges.

Dutch government collapses over Afghan mission

02/20/10: The Washington Times reports that the Dutch coalition government collapsed Saturday over whether to extend the country's military mission in Afghanistan, leaving uncertain the future of its 1,600 soldiers fighting there.

UK police seek evidence from Guantánamo detainee

02/20/10: The Miami Herald reports that British police investigating allegations that the country's spies colluded in torture are seeking evidence from a Guantánamo Bay detainee who alleges he had his head beaten against a wall while a UK intelligence officer looked on, lawyers told a court Friday.

UK called to account over torture allegations

02/20/10: The Times (UK) reports that the British government’s own human rights watchdog, the Equality and Human Rights Commission, has demanded a public inquiry into claims that British intelligence agencies were complicit in the torture of more than twenty detainees in the War on Terror.

Noriega asks Supreme Court to reconsider blocking extradition to France

02/20/10: Jurist reports that lawyers for former Panamanian military leader Manuel Noriega filed a petition with the US Supreme Court Friday seeking to block his extradition to France.

UK denies knowledge of Hamas murder plot

2/20/10: CNN reports that the British Foreign Office denied a news report Friday that the British intelligence service was told in advance that Israeli agents planned to assassinate a senior Hamas militant.

ICJ sets date for Croatia reply to genocide suit

02/19/10: Balkan Insight reports that The International Court of Justice, ICJ, has set a deadline of December 20, 2010, for Croatia to submit its response to Serbia's genocide countersuit. At the same time, the ICJ set a deadline of November 2011 for Serbia to reply to Croatia's response. Croatia filed genocide charges against Serbia at the ICJ in 1999, demanding that Belgrade punish all perpetrators of war crimes, return cultural property to Croatia and pay for war damages. Serbia filed a countersuit against Croatia for genocide on January 4, 2010.

Noriega appeals to US high court to avert extradition to France

02/19/10: CNN reports that in what may be former Panamanian dictator Manuel Noriega's final showdown with the United States, his attorneys have filed a petition with the US Supreme Court to block his extradition to France. Last month, the court refused to hear Noriega's appeal as he fights extradition to France, which claims that Noriega laundered drug money through France's banking system. Noriega's attorneys are hoping that the dissenting opinion in that ruling, written by Justices Clarence Thomas and Antonin Scalia, will help persuade the full court to take up the case, which could have a profound effect on how the federal court system deals with cases involving Guantanamo Bay detainees.

Poland government joins suit against Russia for 1940 Katyn massacre

02/19/10: JURIST reports that the Polish government joined a class-action on lawsuit Wednesday brought against Russia for the 1940 Katyn Massacre where 20,000 Poles were killed by the USSR. The suit, filed in May in the European Court of Human Rights (ECHR) is being brought by 13 Polish citizens who are relatives of the victims. They allege that the Russian government failed to provide adequate investigations into the incident and did not grant the relatives victim status.

Russia signs military pact with Abkhazia

02/18/10: The New York Times reports that Russia has moved to bolster its military presence in Abkhazia, signing an agreement on Wednesday to establish a Russian military base in the separatist territory, a focal point of Russia’s war with Georgia in August 2008.It calls for the base to house about 1,700 Russian troops for a minimum of 49 years

France orders five former detainees back to court

02/18/10: The Miami Herald reports that France's highest court on Wednesday overruled a lower court's acquittal of five former inmates at the Guantánamo Bay prison and ordered an appeals court to rehear the case centering on terrorism charges. The Court of Cassation did not immediately explain its reasons for the ruling.