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Afghanistan probe appeal begins at Hague international court
Law Firm News |
2019/12/04 12:40
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The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.
Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”
In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.
In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.
The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.
“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.
The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals. |
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Supreme Court shields Trump’s financial records for now
Law Firm News |
2019/11/26 18:00
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The Supreme Court is shielding President Donald Trump’s financial records from House Democrats for now.
The delay announced late Monday allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.
The House’s quest for the records is not part of the ongoing impeachment inquiry, but the court’s action probably means Democrats will not have the records before an expected vote on impeachment by year’s end.
The justices are giving Trump until Dec. 5 to file a full appeal of a lower court ruling calling for his accountants to turn over the records. The president’s lawyers are certain to comply, and the court’s decision about whether to take up the case is expected by mid-January.
The House Committee on Oversight and Reform had argued that Trump’s case was too weak to earn a delay from the court. There was no noted dissent from the court’s unsigned order.
The New York case centers on Manhattan District Attorney Cyrus Vance Jr.’s subpoena for Trump’s tax returns from the same accounting firm, Mazars USA. Legal briefs have been filed by both sides in that case.
The justices now should be able to say at the same time whether they will take up the cases and decide them by late June.
If they opt to reject Trump’s appeals, the House and Vance would be able to enforce their subpoenas immediately. Mazars has said it would comply with any legal obligation. |
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Supreme Court says Ginsburg released from hospital
Law Firm News |
2019/11/24 02:01
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The Supreme Court says Justice Ruth Bader Ginsburg has been released from a Baltimore hospital where she had been treated for a possible infection.
The 86-year-old Ginsburg has returned to her home in Washington, D.C., and is “doing well,” court spokeswoman Kathy Arberg said Sunday. Ginsburg spent two nights at Johns Hopkins Hospital in Baltimore. She was taken there Friday after experiencing chills and fever.
The court says she received intravenous antibiotics and fluids and that her symptoms abated. Ginsburg has had four occurrences of cancer, including two in the past year. She had lung cancer surgery in December and received radiation treatment for a tumor on her pancreas in August.
She had a rare absence from a public session of the court in mid-November because of what the court said was a stomach bug. She was back on the bench the next time the justices met.
Her latest hospital stay began Friday, after the justices met in private to discuss pending cases. She was initially evaluated at Sibley Memorial Hospital in Washington before being transferred to Johns Hopkins for further evaluation and treatment of any possible infection.
Ginsburg has been on the court since 1993, appointed by President Bill Clinton. Only Justice Clarence Thomas has served longer among the current members of the court.
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Court sentences Congo warlord to 30 years for atrocities
Law Firm News |
2019/11/10 02:15
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The International Criminal Court passed its highest ever sentence Thursday, sending a Congolese warlord known as "The Terminator" to prison for 30 years for crimes including murder, rape and sexual slavery.
Bosco Ntaganda was found guilty in July of 18 counts of war crimes and crimes against humanity for his role as a military commander in atrocities during a bloody ethnic conflict in a mineral-rich region of Congo in 2002-2003.
Ntaganda showed no emotion as Presiding Judge Robert Fremr passed sentences ranging from eight years to 30 years for individual crimes and an overarching sentence of 30 years.
The court's maximum sentence is 30 years, although judges also have the discretion to impose a life sentence. Lawyers representing victims in the case had called for a life term.
Fremr said despite the gravity of the crimes and Ntaganda's culpability, his convictions "do not warrant a sentence of life imprisonment."
Ida Sawyer, deputy director of Human Rights Watch's Africa division, welcomed the ruling. "Bosco Ntaganda's 30-year sentence sends a strong message that even people considered untouchable may one day be held to account," Sawyer said.
Jolino Makelele, a spokesman for the government in Democratic Republic of Congo, or DRC, said: "We think that justice was done for the victims."
Ntaganda, who has insisted he is innocent, became a symbol of widespread impunity in Africa in the seven-odd years between first being indicted by the global court and finally turning himself in in 2013 as his powerbase fell apart. |
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