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UN court orders Israel to open more land crossings for aid into Gaza
Top Legal News |
2024/03/29 19:13
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The top United Nations court on Thursday ordered Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies into the war-ravaged enclave.
The International Court of Justice issued two new so-called provisional measures in a case brought by South Africa accusing Israel of acts of genocide in its military campaign launched after the Oct. 7 attacks by Hamas. Israel denies it is committing genocide and accused South Africa of trying to “undermine Israel’s inherent right and obligation to defend its citizens.”
Thursday’s order came after South Africa sought more provisional measures, including a cease-fire, citing starvation in Gaza. Israel, which had urged the court not to issue new orders, said it places no limits on aid entering Gaza and vowed to “promote new initiatives” to bring in even more assistance.
In its legally binding order, the court told Israel to take measures “without delay” to ensure “the unhindered provision” of basic services and humanitarian assistance, including food, water, fuel and medical supplies.
It also ordered Israel to immediately ensure that its military does not take action that could that could harm Palestinians’ rights under the Genocide Convention, including by preventing the delivery of humanitarian assistance.
The court told Israel to report back in a month on its implementation of the orders. The fighting has displaced over 80% of Gaza’s population, caused widespread damage and has sparked a humanitarian crisis. The U.N. and international aid agencies say virtually the entire Gaza population is struggling to get enough food, with hundreds of thousands of people on the brink of famine, especially in hard-hit northern Gaza.
South Africa welcomed Thursday’s decision, calling it “significant.”
“The fact that Palestinian deaths are not solely caused by bombardment and ground attacks, but also by disease and starvation, indicates a need to protect the group’s right to exist,” the South African president said in a statement.
Israel declared war in response to a bloody cross-border attack by Hamas on Oct. 7 in which 1,200 people were killed and 250 others were taken hostage. Israel responded with a campaign of airstrikes and a ground offensive that have left over 32,000 Palestinians dead, according to local health authorities.
The Health Ministry in Hamas-run Gaza does not differentiate between civilians and combatants, but say roughly two-thirds of the dead are women, children and teens. Israel says over one-third of the dead are militants, though it has not provided evidence to support the claim, and it blames Hamas for civilian casualties because the group operates in residential areas. |
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Supreme Court restores Trump to ballot, rejecting state attempts to ban him
Top Legal News |
2024/03/04 09:01
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The Supreme Court on Monday unanimously restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to ban the Republican former president over the Capitol riot.
The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion.
Trump posted on his social media network shortly after the decision was released: “BIG WIN FOR AMERICA!!!”
The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.
The justices sidestepped the politically fraught issue of insurrection in their opinions Monday.
The court held that states may bar candidates from state office. “But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the court wrote.
While all nine justices agreed that Trump should be on the ballot, there was sharp disagreement from the three liberal members of the court and a milder disagreement from conservative Justice Amy Coney Barrett that their colleagues went too far in determining what Congress must do to disqualify someone from federal office.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they agreed that allowing the Colorado decision to stand could create a “chaotic state by state patchwork” but said they disagreed with the majority’s finding a disqualification for insurrection can only happen when Congress enacts legislation. “Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President,” the three justices wrote in a joint opinion.
It’s unclear whether the ruling leaves open the possibility that Congress could refuse to certify the election of Trump or any other presidential candidate it sees as having violated Section 3.
Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision. Rick Hasen, a law professor at the University of California-Los Angeles, wrote that it’s frustratingly unclear what the bounds might be on Congress. |
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The top UN court is set to hear South Africa’s allegation of Israeli genocide in Gaza
Top Legal News |
2024/01/12 21:38
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A legal battle over whether Israel’s war against Hamas in Gaza amounts to genocide opens Thursday at the United Nations’ top court with preliminary hearings into South Africa’s call for judges to order an immediate suspension of Israel’s military actions. Israel stringently denies the genocide allegation.
The case, that is likely to take years to resolve, strikes at the heart of Israel’s national identity as a Jewish state created in the aftermath of the Nazi genocide in the Holocaust. It also involves South Africa’s identity: Its ruling African National Congress party has long compared Israel’s policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands” before ending in 1994.
Israel normally considers U.N. and international tribunals unfair and biased. But it is sending a strong legal team to the International Court of Justice to defend its military operation launched in the aftermath of the Oct. 7 attacks by Hamas.
“I think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide,” said Juliette McIntyre, an expert on international law at the University of South Australia.
In a statement after the case was filed, the Palestinian Authority’s foreign ministry urged the court to “immediately take action to protect the Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people, in order to ensure an objective legal resolution.”
Two days of preliminary hearings at the International Court of Justice begin with lawyers for South Africa explaining to judges why the country has accused Israel of “acts and omissions” that are “genocidal in character” in the Gaza war and has called for an immediate halt to Israel’s military actions.
Thursday’s opening hearing is focused on South Africa’s request for the court to impose binding interim orders including that Israel halt its military campaign. A decision will likely take weeks.
Israel’s offensive has killed more than 23,200 Palestinians in Gaza, according to the Health Ministry in Hamas-run Gaza. About two-thirds of the dead are women and children, health officials say. The death toll does not distinguish between combatants and civilians.
In the Oct. 7 attack, in which Hamas overwhelmed Israel’s defenses and stormed through several communities, Palestinian militants killed some 1,200 people, mainly civilians. They abducted around 250 others, nearly half of whom have been released. |
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Pierce Brosnan accused of trespassing in a Yellowstone thermal area
Top Legal News |
2023/12/29 23:22
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Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.
Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.
Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.
Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.
Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.
Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.
Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.
In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.” |
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Court strikes down new law giving participants right to change venue
Top Legal News |
2023/10/30 19:36
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Kentucky’s Supreme Court on Thursday struck down a new state law that allowed participants in constitutional challenges to get the cases switched to randomly selected counties. The court said the legislature’s action on the assignment of court cases encroached on judicial authority.
The law, enacted this year over the governor’s veto, allowed any participants to request changes of venue for civil cases challenging the constitutionality of laws, orders or regulations. It required the clerk of the state Supreme Court to choose another court through a random selection.
Such constitutional cases typically are heard in Franklin County Circuit Court in the capital city of Frankfort. For years, Republican officials have complained about a number of rulings from Franklin circuit judges in high-stakes cases dealing with constitutional issues.
The high court’s ruling was a victory for Democratic Gov. Andy Beshear, who in his veto message denounced the measure as an “unconstitutional power grab” by the state’s GOP-dominated legislature. Lawmakers overrode the governor’s veto, sparking the legal fight that reached the state’s highest court.
Republican Attorney General Daniel Cameron’s office defended the venue law, which passed as Senate Bill 126. Cameron is challenging Beshear in the Nov. 7 gubernatorial election — one of the nation’s highest-profile campaigns this year.
Writing for the court’s majority, Chief Justice Laurance B. VanMeter said the new law amounted to a violation of constitutional separation of powers.
The measure granted “unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” circumventing the established recusal process, the chief justice wrote.
“It operates to vest a certain class of litigants with the unfettered right to forum shop, without having to show any bias on the part of the presiding judge, or just cause for removal,” VanMeter said. |
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Progressive Councilmember Freddie O’Connell wins Nashville mayor’s race
Top Legal News |
2023/09/22 22:44
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Freddie O’Connell, a progressive member of Nashville’s metro council, has resoundingly won the race to become the next mayor of the Democratic-leaning city, according to unofficial results.
Results from the Davidson County Election Commission show O’Connell defeated conservative candidate Alice Rolli in Thursday’s runoff election by a wide margin, with all precincts reporting. Candidates in the race do not run with party affiliations.
Since 2015, O’Connell has served on the combined city-county government’s council, representing a district that covers downtown Nashville. He succeeds Mayor John Cooper, who decided not to seek reelection.
O’Connell, whose campaign touted him as the “only truly progressive candidate running for mayor,” said he wants to make the city “more ’ville and less Vegas,” a reference to the “Nashvegas” moniker sometimes used to liken the huge boom in tourism in the city to Las Vegas.
“Every part of this city deserves the public resources that bind neighborhoods and neighbors together — schools, parks and libraries,” O’Connell said in a victory speech. “And when we do that, our interactions with our local government should leave us feeling satisfied that a real person worked to solve our issue.”
Down the ballot, Olivia Hill won an at-large metro council seat to make history as the first transgender candidate to be elected to office in Tennessee, according to the LGBTQ+ Victory Fund. Hill’s victory stands in contrast to Tennessee’s Republican leadership in state government, where lawmakers have passed a series of restrictions on the rights of transgender people. |
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Texas is using disaster declarations to install buoys and razor wire
Top Legal News |
2023/07/25 19:22
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Wrecking ball-sized buoys on the Rio Grande. Razor wire strung across private property without permission. Bulldozers changing the very terrain of America’s southern border.
For more than two years, Texas Republican Gov. Greg Abbott has escalated measures to keep migrants from entering the U.S., pushing legal boundaries with a go-it-alone bravado along the state’s 1,200-mile (1,930-kilometer) border with Mexico. Now blowback over the tactics is widening, including from within Texas.
A state trooper’s account of officers denying migrants water in 100-degree Fahrenheit (37.7 Celsius) temperatures and razor wire leaving asylum-seekers bloodied has prompted renewed criticism. The Mexican government, some Texas residents along the border and the Biden administration are pushing back. On Monday, the U.S. Justice Department sued Abbott over the buoy barrier that it says raises humanitarian and environmental concerns, asking a federal court to require Texas to dismantle it.
bbott, who cruised to a third term in November while promising tougher border crackdowns, has used disaster declarations as the legal bedrock for some measures.
Critics call that a warped view. “There are so many ways that what Texas is doing right now is just flagrantly illegal,” said David Donatti, an attorney for the Texas American Civil Liberties Union.
Abbott did not respond to requests for comment. He has repeatedly attacked President Joe Biden’s border policies, tweeting Friday that they “encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”
The Biden administration has said illegal border crossings have declined significantly since new immigration rules took effect in May. |
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