Digest

Digest

U.N. Tribunal to Receive Hariri Murder Files

On Wednesdsay, current Lebanese Prime Minister Fuad Siniora’s government agreed to hand over relevant case files to the U.N.’s Special Tribunal for Lebanon.  The tribunal convened last month to investigate the 2005 murder of former prime minister Rafik Hariri. The tribunal may now request the transfer of the suspects–four Lebanese generals–to U.N. custody. Initial reports released by the U.N. point to the possible involvement of the Syrian intelligence service in the assassination, but Syria has repeatedly denied this. Leaders of Hezbollah, the opposition party and militia which is supported by the Syrian government, have expressed their reservations in complying with the tribunal’s request. Their lack of cooperation could halt U.N. efforts, because Hezbollah may control the government after June’s elections. The Hague is pressing the case despite the potential roadblock caused by the uncertain political climate. The tribunal is the first U.N. court to try suspects for specific terrorist acts. The murder of Hariri and 22 others in 2005 resulted in street protests which led to the end of Syria’s military occupation of Lebanon.

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Iran Announces Increased Nuclear Capabilities

On Thursday, Iranian President Mahmoud Ahmadinejad announced advances in Iran’s nuclear power productions capabilities including two new types of centrifuges and a nuclear fuel production plant. Ahmadinejad stated that Iranian nuclear authorities “have announced that the various cycles of nuclear fuel management are in our grasp in a comprehensive and domestically produced way.” The head of Iran’s Atomic Energy Organizationlaimed c that Iran now has approximately “7,000” centrifuges in its Natanz facility.  In February, the International Atomic Energy Agency reported that Iran had only 5,600 centrifuges.

Iran’s new high-speed centrifuges promise to increase Iran’s low-enriched uranium supply.  Additionally, a uranium pellet factory will be able to produce a yearly total of 10 tons of fuel rods for various reactors in Iran. The United Nations Security Council has pleaded with Iran to cease its production of nuclear materials that could be used for weapons. However, the Iranian government maintains that it is merely increasing Iran’s supply of energy.  In order to create a nuclear weapons program, Iran would have to take the drastic steps of expelling weapons inspectors, withdrawing from international treaties, and creating further enrichment facilities.

In response to the announcement, the White House declared that US government officials would regularly take part in nuclear talks between Iran and Europe, Russia, and China. Under George W. Bush, the United States was not part of these negotiations until last year.  State Department spokesman Robert Wood explained, “Iran is entitled to have a civilian nuclear program, but with that program comes responsibilities.”

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Russian Authorities Order Foreign Company to Pay Damages

A court in Russia ruled in February against Telenor, a Norwegian telecom company, in favor of a Russian mobile-phone company, Vimpelcom. The court held that Telenor had caused Vimpelcom a loss of $1.7 billion when it delayed the company’s move into the Ukranian market. As a result, the court froze Telenor’s 29.9% stake in Vimpelcom and now Russian authorities are ordering Telenor to pay the $1.7 billion in damages or risk losing its stake all together. If Telenor refuses, Russian bailiffs can sell their stake to pay the damages.

Telenor believes the order is simply a legal pressure tactic from the Russian company Alfa Group which owns 44% of Vimpelcom, and states that it will not pay the damages. Instead, the company plans to appeal the order in the Moscow Arbitration Court. The Norwegian government has also sought help from Moscow since they themselves own 54% of Telenor. However, talks between the Norwegian and Russian government have had little success. Russian officials have stated that they will not intervene in a private dispute.

Many argue that the current case is not without precedent in Alfa’s track record. The company has been described as “aggressive” and a U.S. judge referred to Alfa’s “history of ‘vexatious and collusive’ litigation and failure to comply with court orders” in his ruling against the company. There is also growing fear among foreign investors that the global financial crisis has worsened Russia’s already unfavorable legal environment. Investors are concerned that powerful Russian businesses will use their local leverage to abuse the rights of their foreign partners.

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Peru: Fujimori Convicted

Last Tuesday, the Former Peruvian president Alberto Fujimori was convicted of “crimes against humanity” for his role in the 1990s killings and kidnappings by security forces when his government fought against leftist guerrillas. He was sentenced to 25 years in prison. Notably, this verdict marks the first time an elected head of state has been tried and convicted of a human rights crime after extradition back to his home country. The three judge panel found Fujimori guilty of “creating and authorizing a military intelligence death squad that killed innocent people.” (WP).

During the trial, which lasted 16 months, Fujimori argued he was a wartime president protecting the people of his nation, and he never ordered the killings perpetrated by the Army Intelligence Service.  Judge Cesar San martin disagreed and held that Fujimori had clearly authorized the creation of the death squad.

Fujimori’s political movement remains popular. His followers currently hold 13 out of 120 seats in Peru’s Congress.  Fujimori’s daughter, Keiko Fujimori, is campaigning for the Peruvian presidency and has vowed to appeal the conviction.

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Digest

Apartheid Claims to Proceed

On Wednesday a Manhattan federal district court ruled that several claims brought under the Alien Tort Statute against multinational companies for aiding and abetting the South African apartheid regime may go forward. The claims allege that the defendants, a group that includes dozens of companies such as General Motors, Ford, and IBM, conducted business with the apartheid regime and thereby helped perpetuate human rights abuses.

This decision represents a significant step forward in litigation that began over five years ago. The claims were originally dismissed at the district court level but some were reinstated by the Second Circuit Court of Appeals in 2007. The recent district court decision narrowed the number of defendants and the claims that may proceed but gave the plaintiffs an opportunity to file amended complaints.

Representatives from GM, Ford and IBM did not comment on the decision. A lawyer for one group of apartheid victims stated that the decision recognizes the “viability and plausibility” of most of the claims while the judge expressed hope that this narrowed case will move more quickly toward resolution.

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Digest

International Community Condemns North Korea Missile Launch

The international community roundly condemned North Korea following the test launch of a missile capable of striking targets throughout East Asia as well as in Alaska and the Hawaiian Islands.  President Obama and other international leaders issued strong rebukes following news of the launch.

President Obama, speaking in Prague, called the launch a “provocative action” and urged the North Koreans to avoid further such actions and abide by their international obligations.  A joint U.S.-European Union statement called for a response from the broader international community.  Both calls highlighted U.N. Security Council Resolutions prohibiting North Korea from nuclear or missile tests and suggested that the Security Council respond.

U.N. Secretary General Ban Ki-moon condemned the launch as well but did not mention action by the Security Council or whether it would pursue the matter further.  The Security Council was scheduled to meet in emergency session following the launch to consider a response.

President Obama used the opportunity to highlight his Administration’s broader efforts to stabilize the Korean Peninsula and to advance the cause of nuclear nonproliferation.

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