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Dutch court throws out case against Israeli military chiefs
Headline News |
2020/01/27 11:07
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A Dutch court threw out a civil case Wednesday brought by a Dutch-Palestinian man seeking damages from two former Israeli military commanders for their roles in a 2014 airstrike on a Gaza house that killed six members of his family.
The Hague District Court ruled that the case filed by Ismail Zeyada can't proceed because the commanders, including high profile former military chief Benny Gantz, have immunity.
Zeyada was attempting to sue Gantz, who is now a prominent Israeli politician, and former Israeli air force commander Amir Eshel. Neither Gantz nor Eshel was in court for the decision.
Zeyada, who lives in the Netherlands, brought the case in The Hague because he argued he can't successfully hold Israeli military leaders accountable in Israeli courts.
But presiding judge Larisa Alwin said the court can't hear the case because the commanders “enjoy functional immunity from jurisdiction” as their actions were part of a state-sanctioned military operation.
Zeyada said he and his lawyers would study the ruling with a view to appealing. “I owe it to all the Palestinians who have suffered and continue to suffer the same fate, to continue this struggle to achieve what is denied to them: Access to independent justice and accountability for the unspeakable crimes committed against them,” he told reporters outside the courtroom.
The court agreed with the arguments of Dutch lawyers representing the men who said last year they should reject the case for lack of jurisdiction because the commanders have immunity because their actions in the 2014 Gaza conflict were part of an Israeli military operation and that Zeyada was free to sue them in Israel.
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PolyMet will appeal permit ruling to Minnesota Supreme Court
Headline News |
2020/01/20 10:03
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PolyMet Mining Inc. said Thursday it will ask the Minnesota Supreme Court to overturn a ruling that canceled three permits needed for its proposed copper-nickel mine in northeastern Minnesota.
PolyMet President and CEO Jon Cherry said in a statement that Monday's decision from the Court of Appeals has far-reaching impacts for Minnesota and any future project that depends on state permits
The appeals court gave environmentalists a big victory by sending the dispute back to the Department of Natural Resources for a trial-like contested case hearing before a neutral administrative law judge on the project's environmental risks.
PolyMet pointed out that the DNR has already held a 15-year-long environmental review and permitting process that included numerous chances for the public to weigh in.
“No other company in the history of the state has been subjected to anywhere near the time and cost that was associated with this permitting process,” Cherry said. “We did everything the state and the law required, and more. And the process confirmed that our project will be protective of human health and the environment."
The company said it will file its petition with the Supreme Court within the 30-day deadline.
DNR spokesman Chris Niskanen said the agency has not decided whether to appeal. |
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German court may reject appeal to remove anti-Semitic relic
Headline News |
2020/01/20 10:00
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A court in eastern Germany indicated Tuesday that it will likely reject a Jewish man’s bid to force the removal of an ugly remnant of centuries of anti-Semitism from a church where Martin Luther once preached.
The Naumburg court's senate said, at a hearing, that “it will maybe reject the appeal,” court spokesman Henning Haberland told reporters.
“The senate could not follow the plaintiff's opinion that the defamatory sculpture can be seen as an expression of disregard in its current presentation,” Haberland said.
The verdict will be announced on February 4.
The so-called “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg dates back to around 1300. It is perhaps the best-known of more than 20 such anti-Semitic relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.
Located 4 meters (13 feet) above the ground on a corner of the church, it depicts Jews suckling on the teats of a sow, while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.
Judaism considers pigs impure and no one disputes that the sculpture is deliberately offensive. But there is strong disagreement about what to do with the relief. |
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Supreme Court rejects appeal in texting suicide case
Headline News |
2020/01/14 10:07
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The Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
Michelle Carter is serving a 15-month sentence after being convicted of involuntary manslaughter in the 2014 death of her boyfriend, Conrad Roy III. A judge determined that Carter, who was 17, caused the death of the 18-year-old Roy when she ordered him in a phone call to get back in his carbon monoxide-filled truck that he’d parked in a Kmart parking lot.
The phone call wasn’t recorded, but the judge relied on a text Carter sent her friend in which she said she told Roy to get back in. In text messages sent in the days leading up to Roy’s death, Carter also encouraged Roy to follow through with his suicide plan and chastised him when he didn’t, Massachusetts courts found.
The case has garnered national attention and sparked legislative proposals in Massachusetts to criminalize suicide coercion.
Carter’s lawyers argued in their Supreme Court appeal that the conviction should be thrown out because it was an “unprecedented” violation of her free speech rights that raised crucial questions about whether “words alone” are enough to hold someone responsible for another person’s suicide.
The lawyers also argued there was simply not enough evidence to prove Carter urged Roy to to get back in his truck to die, or that he would have lived if she had called for help or taken other actions to try and save his life.
Joseph Cataldo, one of Carter’s lawyers, said Monday’s decision was an “injustice” and that the legal team is weighing its next steps. He didn’t elaborate.
“The Court passed on the rare chance to clarify an outdated and confusing exception to the First Amendment, which has divided courts around the country,” said Daniel Marx, another one of Carter’s lawyers. “It also missed an invaluable opportunity to address the toxic combination of mental illness, adolescent psychology, and social media that was at the heart of this suicide case and will likely lead to additional tragedies in the future.”
The court’s decision was welcomed by Bristol District Attorney Thomas Quinn III, whose office prosecuted the case.
“The US Supreme Court’s decision today brings closure to the family of Conrad Roy for his tragic death. I hope that the finality of this decision brings some solace to them,” he said in a statement. |
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President, Supreme Court top Wisconsin races in 2020
Headline News |
2020/01/03 09:44
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Everyone knows Wisconsin will be in the spotlight for the presidential race in 2020. It's one of just a few states where the electorate is so evenly divided, it could swing either way. That is the biggest prize on the ballot this year, but it's far from the only contest for Wisconsin voters. Here are the highlights of what's on Wisconsin's political horizon in 2020:
PRESIDENTIAL RACE
Wisconsin will be the focus of the presidential race all year. President Donald Trump won Wisconsin by fewer than 23,000 votes in 2016 and both sides expect another close race. Wisconsin is one of just a few states expected to be competitive and for that reason, many expect it to be the epicenter of the fight for the White House. Democrats will get a chance to vote for their nominee on April 7. With a large field and unsettled race, many expect it to still be undecided for Wisconsin's primary. Milwaukee hosts the Democratic National Convention in July and both sides are expected to flood the state with money ? and candidate appearances ? before the November election.
SUPREME COURT
Wisconsin elects its Supreme Court justices and one of them who was appointed by then-Gov. Scott Walker, a Republican, is up for election in April. Dan Kelly was appointed in 2016 and now he's running for a full 10-year term. He's part of the current 5-2 conservative majority on the court. If he wins, that majority will not change. But if one of two liberal candidates prevail, the conservative hold on the court will drop to 4-3. Dane County Circuit Judge Jill Karofsky and Marquette University law professor Ed Fallone have Democratic support in the race. A Feb. 18 primary will narrow the field to two candidates. The winner will be elected on April 7. That is the same day as Wisconsin's presidential primary, when Democratic turnout is expected to be high. That could spell trouble for Kelly. |
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Saudis sentence 5 people to death for Khashoggi’s killing
Headline News |
2019/12/24 10:57
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A court in Saudi Arabia sentenced five people to death Monday for the killing of Washington Post columnist and royal family critic Jamal Khashoggi, whose grisly slaying in the Saudi Consulate in Istanbul drew international condemnation and cast a cloud of suspicion over Crown Prince Mohammed bin Salman.
Three other people were found guilty by Riyadh’s criminal court of covering up the crime and were sentenced to a combined 24 years in prison, according to a statement read by the Saudi attorney general’s office on state TV.
In all, 11 people were put on trial in Saudi Arabia over the killing. The names of those found guilty were not disclosed by the government. Executions in the kingdom are carried out by beheading, sometimes in public. All the verdicts can be appealed.
A small number of diplomats, including from Turkey, as well as members of Khashoggi’s family were allowed to attend the nine court sessions, though independent media were barred.
While the case in Saudi Arabia has largely concluded, questions linger outside Riyadh about the crown prince’s culpability in the slaying.
“The decision is too unlawful to be acceptable,” Khashoggi’s fiancee, Hatice Cengiz, said in a text message to The Associated Press. “It is unacceptable.”
Agnes Callamard, who investigated the killing for the United Nations, tweeted that the verdicts are a “mockery” and that the masterminds behind the crime “have barely been touched by the investigation and the trial.” Amnesty International called the outcome “a whitewash which brings neither justice nor truth.”
Khashoggi, who was a resident of the U.S., had walked into his country’s consulate on Oct. 2, 2018, for a appointment to pick up documents that would allow him to marry his Turkish fiancee. He never walked out, and his body has not been found.
A team of 15 Saudi agents had flown to Turkey to meet Khashoggi inside the consulate. They included a forensic doctor, intelligence and security officers and individuals who worked for the crown prince’s office, according to Callamard’s independent investigation. Turkish officials allege Khashoggi was killed and then dismembered with a bone saw. |
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