NPR reports that controversial Arizona immigration law S.B. 1070 was drafted and lobbied for in significant part by the private prison industry, through conservative organization the American Legislative Exchange Council, which brings together members of industry and politicians, including Corrections Corporation of America (CCA) and Arizona State Sen. Russell Pearce. [Salt Lake City Weekly] CCA, the country’s largest private prison
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U.S. Court Rules Corporations Cannot be Held Civilly Liable for Torture and Other Violations of International Law under ATCA
Last Friday’s Second Circuit ruling in Kiobel v. Royal Dutch Petroleum, if upheld, could be the death knell for litigation seeking to hold corporations accountable for torture and other violations of customary international law under the Alien Tort Claims Act. The plaintiffs, Nigerian nationals, brought suit against Royal Dutch and Shell Petroleum for aiding and abetting the Nigerian government in
Read moreU.S. Department of Justice Files Constitutional Challenge against Arizona Immigration Law
The U.S. Department of Justice announced last week that it had filed a constitutional challenge to Arizona’s new immigration law, S.B. 1070 (discussed earlier on this blog here and here), seeking declaratory and injunctive relief against its enforcement. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which
Read moreU.S. Supreme Court Upholds Law Criminalizing “Material Support” of Designated Terrorist Organizations, Including Provision of Legal Advice
Today, the U.S. Supreme Court issued its decision in Holder v. Humanitarian Law Project, affirming in part and reversing in part the 9th Circuit Court of Appeals’ decision, issued in 2007. [Washington Post; CCR] In a 6-3 decision authored by Chief Justice Roberts, the Court upheld 18 U.S.C. § 2339B(a)(1)—which makes it a federal crime to “knowingly provid[e] material support
Read moreArizona Modifies Some Provisions of Immigration Law
In the face of heated criticism and constitutional challenges, Arizona Governor Jan Brewer signed into law House Bill 2162, which supersedes Senate Bill 1070 (discussed earlier on this blog here). The Governor’s issued a statement upon signing HB 2162, which asserts that the bill: defines and clarifies even further the proper implementation and enforcement of the law. These changes specifically answer legal questions raised
Read moreArizona Passes Law Targeting Undocumented Migrants
Today, Arizona Governor Jan Brewer signed into law what the New York Times is characterizing as the country’s toughest immigration law. Although immigration falls within the federal legislature’s province, Arizona has acted in the face of what it sees as the failure of Washington to address the issues raised by a large, undocumented immigrant population. While states cannot assume the
Read moreInternational Criminal Court Gains 111th State Party; Launches Investigation in Kenya and YouTube Channel
On March 23, 2010, Bangladesh became the 111th country to ratify the Rome Statute of the International Criminal Court. The Statute will enter into force in Bangladesh on June 1. [Amnesty International; ICC] On March 31, the ICC announced the Pre-Trial Chamber II’s decision to grant Prosecutor Luis Moreno-Ocampo’s request to open an investigation into alleged crimes against humanity committed
Read moreInternationalized Criminal Tribunals
International criminal tribunals exist to investigate and prosecute individual people for serious violations of international criminal law or international humanitarian law – such as war crimes, genocide, and crimes against humanity – when national authorities are unable or unwilling to do so. Such courts may be established by a multilateral international agreement (“international tribunals”) or by an agreement between one
Read moreInternational Criminal Court
The International Criminal Court, which has its seat in The Hague, Netherlands, was inaugurated in 2002. In certain circumstances, the ICC has the competence to investigate and prosecute individuals for the crimes of genocide, crimes against humanity, war crimes, and aggression. These crimes are defined in articles 5 through 8 bis of the Rome Statute of the ICC. Jurisdiction Genocide,
Read moreMilan Babić
This case summary is part of a collection of summaries describing the cases before the International Criminal Tribunal for the Former Yugoslavia (ICTY). See the Online Resource Hub pages on the ICTY and International Criminal Law, and the table of ICTY case summaries for additional information. Milan Babić (IT-03-72) Trial Judgment: 29 June 2004; Appeal Judgment: 18 July 2005
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