Canada's High Court Upholds Anti-Terror Law

ABC News (December 14, 2012)

Last Friday, the Supreme Court of Canada unanimously upheld the nation's Anti-Terrorism Act, enacted after the September 11, 2001 attacks on the United States. The court rejected constitutional challenges brought by three men, one of whom was the first person charged under the law and was convicted of collaborating in an unsuccessful 2004 plot to bomb London. In sum, the court's decision means that the law does not violate any constitutional rights, and it specifically dismissed the argument that the law too broadly defined terrorism such that it could ensnare innocent people.

Draft Army Handbook Wades Into Divisive Afghanistan

The Wall Street Journal (December 11, 2012)

A proposed U.S. military manual for troops deployed to Afghanistan suggests that "Western ignorance of Afghan culture, not Taliban infiltration," is to blame for the recent increase in attacks on coalition troops by Afghan forces. According to The Wall Street Journal, which reviewed the manual, the text directs soldiers to avoid discussion of a range of topics, including "advocating women's rights," "any criticism of pedophilia," "mentioning homosexuality and homosexual conduct," "anything related to Islam," or "making derogatory comments about the Taliban."

Egypt's Draft Constitution Turns to Sharia Law

Newsday (December 8, 2012)

The draft constitution of Egypt's recently elected government has divided voters for drawing on Sharia law. "This constitution has more complete restraints on rights than ever existed before in any Egyptian constitution," said Sheik Yasser Borhami, a Muslim activist and preacher. The constitution's preamble states, "Equality and equal opportunities are established for all citizens, men and women, without discrimination," but critics charge it is a return to fundamentalist ideals, such as increased power to the clergy, traditional notions of women's rights, and intolerance for speech that insults "religious messengers and prophets." Also of concern is the vagueness of the draft's language, including prohibitions against violating the "public order" and "public morals," which could provide for the arrest of subversive voices without sufficient cause.

America Again Submits to the Istanbul Process

The National Review (December 3, 2012)

The "Istanbul Process," Secretary of State Hilary Clinton's "major transnational law initiative" with the Organization of Islamic Cooperation (OIC), met this month in London for its third annual conference. Established in 2011 to "implement" measures countering speech that negatively "stereotype[s]" Islam and Muslims, the OIC has stated its view that the Istanbul Process will "help in enacting domestic laws for the countries involved in the issue, as well as formulating international laws preventing inciting hatred resulting from the continued defamation of religions." Because the OIC has for more than ten years attempted to outlaw blasphemy of Islam -- which is protected under the First Amendment -- the partnership between Clinton and the OIC has sparked much controversy.

Court Ousts Trial Judge in Rampage at Ft. Hood

The New York Times (December 3, 2012)

The judge who was presiding over the prosecution of Fort Hood shooter Maj. Nidal Hasan -- and who ordered that Hasan's beard be forcibly shaved -- has been removed from the proceedings by the U.S. Court of Appeals for the Armed Forces. The appeals court specifically did not rule on whether the order violated Hasan's religious rights, as Hasan has argued, but based its decision on its finding that the judge did not appear impartial during the case. An army psychiatrist who killed 13 and injured 32 at Texas army base Fort Hood, Hasan was ordered to be forcibly shaved in September after growing a beard that defied military protocol. Army prosecutors also argued that the beard was an attempt to prevent witnesses from identifying Hasan at trial, which has been delayed for several months while the order to have him shaved was appealed.

Russell Tribunal Indicts Israel Without Defense

The Wall Street Journal (October 9, 2012)

The Russell Tribunal convened in New York last week for its fourth annual meeting, featuring a jury of veteran anti-Israel activists such as Angela Davis, Alice Walker, and Roger Waters (of Pink Floyd fame). The Tribunal, widely considered a publicity stunt, listened to indictments of Israel and reached a condemnatory verdict while declining to hear Israel's defense. Reporting for the Wall Street Journal, Sohrab Ahmari penned a review of the Tribunal that called attention to its hypocrisy. The Tribunal later presented its finding to a U.N. Council, notably stating that so-called "Israeli violations" of human rights are impossible without "the United States' economic, military, and diplomatic support."

Lawyers Aid Disgraced Anti-Radical Army Veteran

Fox News (October 5, 2012)

Army Lt. Colonel Matthew Dooley has enlisted legal help to combat a negative army report that derailed his military career last May. Dooley, a 22-year military veteran and instructor at the National Defense University, received the negative evaluation after teaching a course on Islamic Radicalism deemed "against our values" by the Chairman of the Joint Chiefs of Staff. Dooley's legal counsel, Richard Thompson, President of the non-profit Thomas More Law Center, said that he is prepared to file a civil lawsuit in federal court if Dooley's negative Officer Evaluation Report, considered the industry's "Scarlet Letter," is not overturned by superiors.

Supreme Court to Review Alien Tort Statute

Reuters (October 1, 2012)

Back in session since October 1, the U.S. Supreme Court is expected to review of the Alien Tort Statute, a relatively obscure 1789 law, ultimately deciding whether U.S. judges can hear suits concerning human rights abuses committed abroad. According to the U.S. Chamber of Commerce, more than 150 Alien Tort Statute lawsuits have been filed in the United States, alleging wrongdoing by both U.S. and foreign corporations in more than 60 foreign countries. The issue of alien torts was brought to the Supreme Court regarding corporations that aided foreign governments in committing human rights abuses (Kiobel v. Royal Dutch Petroleum). The Justices subsequently expanded the question, asking the parties to reargue the case and address whether U.S. courts were empowered to hear similar claims against individuals, in addition to corporations.

New Filipino Cybercrime Laws Generate Free Speech Debate

CBS News (September 28, 2012)

President Benigno Aquino III in September signed into law the Cybercrime Prevention Act, defining several new online crimes and prompting several petitions to the Supreme Court to declare the law as unconstitutional. Much of the law's opposition centers on its online libel provisions, which, according to Sen. Teofisto Guinfona III, could allow lawsuits against even those who only 'like' or 'share' a Facebook page. The new laws also concerns many because their vague language could allow the government to shut down websites and tap into online data without proper warrants.

Dershowitz Slams New MTA Ad Guidelines

The Algemeiner Newspaper (September 28, 2012)

Harvard Law Professor Alan Dershowitz has criticised a new set of guidelines from New York's Metropolitan Transit Authority (MTA), calling them "unconstitutional." The new rules were announced after pro-Israel ads that discouraged support for militant Islam were posted in various NYC subway stations. The MTA initially declined to post the ads but was obligated to do so after the group responsible for the ads challenged the ban on free speech grounds. Under the new guidelines, the MTA is empowered to reject ads that it "reasonably foresees would imminently incite or provoke violence or other immediate breach of the peace." Dershowitz rightly stated that the policy will "encourage violence" and give violent illegal activists "the power to censor" by engaging in or merely threatening criminal activity.

Media Alert

LP Director Brooke Goldstein debates Mark Hannah (former campaign aide for John Kerry and President Barack Obama) on free speech protections on America Live with Megyn Kelly. Watch here.

Goldstein discusses free speech and the film Innocence of Muslims on SunTV. Watch here.

LP Press Release: U.S. Government Response to Violence in Libya & Egypt Indicates Troubling Views on Free Speech

LP Article:  The Prevention of Genocide: Ahmadinejad's Direct and Public Incitement to Genocide Under International Law

Lawfare News

US Needs to Rethink on Free Speech: Hina
The Nation (September 22, 2012)

In an interview with CNN, Pakistani Foreign Minister Hina Rabbani Khar opined that the United States needs to rethink its concept of free speech. "It is not good enough to say it's free speech, it should be allowed," said Khar. "I think if this does provoke action against American citizens or Americans anywhere in the world, then maybe we do need to rethink how much freedom is OK." Khar added, "[W]e have to be sensitive to religious sensitivities," but declined to "go deeper into discussion" when an interviewer noted the absence of demonstrations and violence in the Arab and Muslim world in response to negative speech about other religions, such as Christianity and Judaism.

French Cartoons Inflame Prophet Film Tensions
BusinessWeek (September 19, 2012)

Amidst international controversy over the film Innocence of  Muslims, a French weekly magazine has printed cartoons ridiculing Islam's Prophet Mohammed, prompting the French to tighten security at their Middle East embassies and take other precautionary measures. The controversial magazine, Charlie Hebdo, was firebombed last year after releasing an edition that mocked radical Islam.

Egypt to Try US Citizen, Seven Others Over Anti-Islam Video
The Hill (September 18, 2012)

Last week, Egypt's general prosecutor issued arrest warrants for Florida Pastor Terry Jones and seven Coptic Christian Egyptians allegedly linked to the film Innocence of Muslims. The individuals-who have been charged with insulting and publicly attacking Islam, harming national unity, and spreading false information-could face the death penalty (though none are believed to be in Egypt). Jones reportedly promoted a trailer for the movie on the anniversary of the September 11, 2011 attacks.

Iranian-American Group, Leader Lose Libel Case Against Writer
Politico (September 13, 2012)

U.S. District Judge John Bates granted summary judgment for author Seid Hassan Daioleslam, dismissing the libel suit brought by the National Iranian-American Council (NIAC) and its president, Trita Parsi. The plaintiffs filed suit in 2008 in response to Daioleslam's reporting of Parsi and NIAC's linkages with the Iranian regime. Judge Bates held that Trita and NIAC had failed to show evidence that Daioleslam's statements were made with "actual malice," adding that the ruling did not reach the issue of whether the claims about NIAC and Parsi were true. The court's decision can be viewed here.

Fort Hood Shooting Suspect's Beard Must Be Shaved, Military Judge Rules
New York Times (September 6, 2012)

The army has ordered Major Nidal Hasan, the 2009 Fort Hood shooter, to be forcibly shaved, after he grew a beard in prison that violates army protocol. Hasan's trial has been postponed while his defense attorneys attempt to appeal the verdict on grounds that it violates religious freedoms. Hasan says the beard stems from his sincere Muslim faith, while others see it as a sign of disrespect and an attempt to prevent witnesses from identifying him.

UN Chief Denounces Iran to Its Face Over Calls to Destroy Israel
NBC News (August 30, 2012)

After a Non-Aligned Movement summit in Tehran, UN Secretary-General Ban Ki-moon denounced Iran's incitement to terrorism and Holocaust denial.  Ki-moon stated that "claiming that Israel does not have the right to exist or describing it in racist terms is not only wrong, but undermines the very principle we all have pledged to uphold." The United States and Israel, having urged Ki-moon to boycott the summit, welcomed his subsequent commentary.

Rachel Corrie Verdict: Court Rules Israel Not At Fault In U.S. Activist's Death
Huffington Post (August 28, 2012)

An Israeli court formally ruled that the Israel Defense Forces were not responsible for the death of Rachel Corrie, a pro-Palestinian activist killed by a bulldozer during a 2003 Gaza protest. The Haifa judge claimed that "there is no justification to demand the state pay any damages," calling Corrie's death a "regrettable accident" and absolving Israel due to Gaza's status as a warzone at the time.

The Internet: Command and Control
Financial Times (August 27, 2012)

The UN World Conference on International Telecommunications will convene in Dubai this December. While the conference aims to update international data regulations, some speculate that it might propose anti-free speech legislation as well. The United States and the European Union, however, are wary of giving legislative power to authoritarian regimes who could use vague national security clauses to legitimize government censorship and monitoring. "If new governance rules had been set to tighten the control of the web a few years ago we would have not had an Arab spring," said one senior EU diplomat.

Chicago Tribune (August 17, 2012)

In Iranian state-organized protests, President Mahmoud Ahmadinejad told the country that there was no place for Israel in the Middle East; protesters responded "death to America, death to Israel." UN Secretary General Ban Ki-moon strongly condemned Ahmadinejad and Iran's Supreme Leader Ayatollah Ali Khamenei, who spoke out against Israel earlier last week, claiming that Israel would someday cease to exist. The remarks come amid reports of possible attack on Iran's nuclear facilities by Israel, possibly before November.

Despite Alarm by U.S., Europe Lets Hezbollah Operate Openly

The New York Times (August 15, 2012)

The United States and Israel have repeatedly attempted to warn the international community about the terrorist threat posed by Hezbollah, but Europe continues to recognize the U.S.-designated foreign terrorist organization as a legitimate political party and charitable organization. This recognition allows Hezbollah to fundraise and recruit membership within Europe, particularly in Germany. According to Erato Kozakou-Marcoullis, the Foreign Minister of Cyprus (which currently holds the European Union's rotating presidency), "Should there be tangible evidence of Hezbollah engaging in acts of terrorism, the E.U. would consider [black]listing the organization."

Pakistan Independence Day - Not Really

The Christian Science Monitor (August 14, 2012)

British-Pakistani Dr. Qanta Ahmed celebrated the 65th anniversary of Pakistan's independence by noting the "relentless rise of religious extremism in Pakistan - a rise that has been permitted and even abetted by Pakistan's government." The government has turned its back on the secular society envisioned by Pakistan's founder, Mohammed Ali Jinnah, "a sort of Muslim Thomas Jefferson." In describing the "lawfare" in Pakistan today, Dr. Ahmed links to The Lawfare Project's definition. Most notably, blasphemy laws have silenced religious minorities, but also free speech.

Girl Held in Pakistan, Accused of Burning Quran Pages

CNN (August 20, 2012)

An 11-year-old Christian girl was arrested in Islamabad, Pakistan for allegedly burning pages of the Quran in violation of the nation's blasphemy law. Under the legislation, insulting Islam, the Quran, or the Prophet Mohammed is a crime punishable by death. The accused child reportedly has Down syndrome (though this has been contested) and told a police officer that she did not know that there were Quran pages inside the documents she burned. President Asif Ali Zardari called for an urgent report on the incident, stating that although "[b]lasphemy by anyone cannot be condoned," vulnerable sections of society must be protected "from any misuse of the blasphemy law."

Irwin Cotler: Canada Must Fight Iranian Incitement to Genocide

The National Post (August 14, 2012)

Irwin Cotler, former Minister of Justice and Attorney General of Canada, urged Canadian Prime Minister Stephen Harper to discuss Iran's incitement to genocide when he meets with German Chancellor Angela Merkel regarding the Iranian nuclear threat. Both Canada and Germany (as well as the United States) are parties to the Genocide Convention, which criminalizes incitement to genocide whether or not actual genocide follows. As parties to the treaty, these states are obligated to enforce its provisions and prevent state-propagated incitement to genocide against any national, ethnic, racial, or religious group. Cotler notes that "not one State Party to the Genocide Convention has undertaken any of its mandated responsibilities to prevent and punish such incitement - an appalling example of the international community as bystander - reminding us also that genocide occurred not only because of cultures of hate, but because of crimes of indifference."

UN Chief Should Boycott Tehran Conference

The Washington Post (August 14, 2012)

The Washington Post's Editorial Board urged United Nations Secretary General Ban Ki-moon not to attend the Non-Aligned Movement conference in Tehran, beginning August 26. The Non-Aligned Movement is a group of states that consider themselves not aligned with any major power bloc. Beginning with the conference, Iran will chair the movement for the next three years. Iran has indicated it will use the conference to defend its "right" to enrich uranium, while it provides arms to the Syrian regime and continues to take illegal action to circumvent sanctions against the state. Allegedly, Ki-moon sees this as "a crucial moment for a diplomatic last-ditch effort," but all signs point to a likely failure. Indeed, his presence will likely add legitimacy to Iran's "bacchanal of nonsense."

Britain Faces Legal Challenge over Secret US 'Kill List' in Afghanistan

The Guardian (August 9, 2012)

Habib Rahman, an Afghan man who lost five relatives in a missile strike, allegedly due to mistaken identity, has taken the first step towards suing the British Serious Organised Crime Agency and the Ministry of Defence for their roles in providing information to the United States for its "kill list" in Afghanistan. The kill list resulted in targeted strikes against suspected insurgents and drug traffickers. Like drone strikes, targeted missile strikes are an important component of the NATO strategy in Afghanistan. Rahman alleges that the British government has violated international humanitarian laws protecting civilians and non-combatants. However, the intelligence agencies stress that they work "strictly within the bounds of international law."

Looming U.S.-Iraqi Row over Decision to Release Hizballah Commander

The Washington Institute (August 7, 2012)

The Iraqi Central Criminal Court dropped all charges against Hizballah commander Ali Musa Daqduq and refused to extradite him to the United States. The judges ruled, "It is not possible to hand him over because the charges were dropped in the same case." Allegedly "one of the most senior and dangerous Hizballah commanders ever apprehended," Daqduq could soon be released and, according to a former CIA officer, will undoubtedly attack Americans again. Despite significant evidence to the contrary, the Iraqi court found no basis for the charges, which included numerous allegations of Daqdug's high-level participation in multiple operations that targeted American, coalition, and Iraqi forces. According to the author, "For Washington, the question of whether or not this case goes to trial should be a litmus test of the Maliki administration's commitment to democratic principles, particularly the rule of law and separation of powers. At the moment, Baghdad has apparently concluded that the political cost of holding a senior Hizballah commander accountable-in Iraq or the United States-is too high."

Is Appeasement of Hezbollah Now EU Policy?

The Commentator (July 26, 2012)

Despite numerous reports linking Lebanese terrorist group Hezbollah, backed by Iran, to last week's suicide attack against Israeli civilians in Bulgaria, the European Union (EU) has rejected Israel's request that Hezbollah be blacklisted as a terror group. The EU has claimed that it lacks "tangible evidence" that Hezbollah is engaged in terrorism, contrary to Israeli Prime Minister Benjamin Netanyahu's statement that his government has gathered "rock solid evidence" and knows "with absolute certainty, without a shred of doubt, that this was a Hezbollah operation." Among the  many previous Iran-Hezbollah attacks were the 1994 bombing of a Jewish community center in Buenos Aires and, within the past year, a wave of terror attacks against Israeli diplomats in Cyprus, India, Thailand, Singapore, Kenya, Georgia, and Azerbaijan. Additionally, Hezbollah's youth movement - the Imam al-Mahdi Scouts - has trained tens of thousands of children between the ages of 8 and 16 in military tactics, indoctrinating them towards hate and violence. At least 120 child members have already died in terrorist acts, including as suicide bombers.

US Criticizes 'Disturbing' New Russian Law Targeting Groups That Receive Foreign Money

Washington Post (July 24, 2012)

U.S. State Department spokeswoman Victoria Nuland denounced a new Russian law that requires non-governmental organizations that receive foreign funding and engage in political activity to register as foreign agents. Nuland called the law "disturbing," adding that it imposes "burdensome requirements on human rights, anti-corruption and pro-democracy advocates." Other critics have expressed concern that Russia's ambiguous definition of "political activity" enables application of the law against a "wide range of initiatives."

M.T.A. Violates Constitutional Rights of Pro-Israel Group

New York Times (July 20, 2012)

A federal judge in Manhattan ruled the Metropolitan Transportation Authority (M.T.A.) violated the First Amendment rights of a pro-Israel group when it refused the group's request to post an advertisement on city buses. The proposed ad said, "In any war between the civilized man and the savage, support the civilized man." The ad then showed two Stars of David, between which was written: "Support Israel. Defeat Jihad." According to the M.T.A., the ad "violated its prohibition on ads that demeaned individuals or groups on the basis of race, color, religion, national origin and five other specific categories." However, Judge Paul A. Engelmayer held that the ad was "not only protected speech-it is core political speech" and, as such, "is afforded the highest level of protection under the First Amendment." He noted that the M.T.A.'s rule would permit demeaning ads outside of the enumerated categories: "Southerners are bigots" and "Lawyers are sleazebags," for example, would fall outside the prohibition. Engelmayer added, "Whatever weight might be assigned to the governmental interest in banning demeaning speech on the exterior of New York City buses on an evenhanded basis, there is no good reason for protecting some individuals and groups, but not others, from such abuse."

France Penalizes Boycott of Israeli Products 

Gatestone Institute (July 12, 2012)

Last May, after a lengthy legal battle, the Supreme Court of France was the first and only court to hold illegal the boycott of Israeli products, which it ruled constitutes discrimination on the basis of nationality. The Palestinian Authority called for the worldwide boycott seven years ago and, along with a French Leftist group, organized a BDS (Boycott, Divestment and Sanctions) campaign. Targets included supermarkets selling Israeli products, theaters screening Israeli movies, and universities holding lectures by Israeli citizens.  Meanwhile, BDS advocates claims that Israel is an "apartheid state." After a number of BDS activists were convicted, proponents have since tried to circumvent these verdicts by emphasizing that the BDS boycotts are limited to goods produced within the "occupied territories." This, however, is contradicted by the website of BDS France, which calls for boycotts of Israeli products in general.

Britain Ruled by Political Correctness 

Gatestone Institute (July 11, 2012)

In May 2012, nine Muslim men were found guilty for raping dozens of British children. A first victim's plea for help after providing DNA evidence was ignored by Child Protective Services (CPS). CPS avoided prosecuting the alleged rapist due to fears that British Muslim and multiculturalism groups would deem it a racist and Islamophobic authority. As other cases indicate, political correctness and the "enforcement of multiculturalism" has endangered the right to freedom of speech in Britain. In a routine traffic check, an 18-year-old was ordered to remove the English flag in his car because it could be "deemed racist and offensive to Muslim immigrants." In another incident, a 14-year-girl refused to sit with a group of non-English-speaking students and requested to be placed with other students. Her teacher declared it was a racist act and ordered the police come to address the situation. She was arrested and placed in a holding cell on suspicion of committing a "section five racial public order offense."While schoolchildren are being arrested for racism, the application of law in England where it is most needed (i.e., prosecuting suspected rapists) is being crippled by the ever-growing fear of designations of racism and political incorrectness.

Lifestyles of the Rich and Palestinian 

Washington Free Beacon (July 11, 2012)

According to testimony presented to Congress by several Middle East experts, Palestinian Authority President Mahmoud Abbas deposited nearly $13 million in U.S. aid to a secret bank account and routinely uses his political connections to profit from the stagnant peace process. During his seven years in office, Abbas has enriched himself through secret land deals and helped his sons, Yasser and Tareq, illegitimately earn millions of dollars through their stakes in companies that profit from U.S. assistance. Elliott Abrams, a former national security adviser for George W. Bush, notes: "We have not one program dedicated to fighting corruption and to assisting those Palestinians who are doing so. Why do we not make it a stated and central goal of our aid?"

Muslims Combating Islamism 

Investigative Project on Terrorism (July 11, 2012)

According to Dr. Qanta Ahmed, a Muslim and outspoken critic of radical Islamism, the American tendency to remain politically correct while attempting to decry Islamist extremism only increases American vulnerability. Ahmed asserts that American refusal to accurately identify and condemn Islamist extremism is a "serious obstacle in articulating the Islamist threat here in the United States." Ahmed notes: "I as a Muslim can repudiate radical Islamism (which relies on the condemnation of all non Muslim elements and all Muslims who dare to balk at their extreme ideology) without wavering in my belief in Islam or failing in my duty as a Muslim." However, the government's adherence to political correctness does not make room for the above distinction because it avoids any reference to radical Islamism altogether.

Islamabad's Judicial Coup 

Wall Street Journal (June 19, 2012)

The Pakistani Supreme Court signaled the termination of another civilian government in their recent dismissal of Prime Minister Yousuf Raza Gilani. This judicial coup-carried out on the pretense that Mr. Gilani refused to pursue corruption charges against President Asif Ali Zardari-is viewed by the judiciary and military as their prerogative and even duty. Pakistan's attempt at reaching political maturity will not likely prove successful until democratic governments are allowed to serve out their terms in the interest of the people, not the unelected elites.

The UN has yet to get its member nations to formulate an international definition of terrorism. While there has been a Comprehensive Convention on International Terrorism in the works since 2000, the UN General Assembly Sixth Committee (Legal) has reached an impasse in negotiations. The result is that the UN organization dedicated to fighting terror, the UN Centre for Counter Terrorism, exists without an agreed-upon concept of what terrorism actually is.

The standoff is the outcome of maneuvering by the Organization of Islamic Cooperation (OIC), a 57-member voting bloc that represents itself as the “collective voice of the Muslim world.” The group refuses passage of any Sixth Committee Resolution defining terrorism unless it exempts certain kinds of conflicts, such as “armed struggle against foreign occupation.” This means that, according to the OIC, attacks on civilians would not constitute terrorism as long as they were citizens of a so-called “occupying power.” This is obviously unacceptable.

The UN needs to stop playing political games when human lives are thrown into the mix; terrorist groups will continue to survive as long as there are nations that remain lax on enforcement and bodies like the UN that reward complacency. The UN must first facilitate a consensus between states on the definition of terrorism if it is to effectively combat the threat.

Saudi Arabian Crown Prince Nayef bin Abdulaziz al-Saud, heir to the kingdom’s throne, died on Saturday. As interior minister for over 35 years, Prince Nayef oversaw an administration that strove to maintain authoritative rule and stability. He was a social conservative that embraced the strict doctrine of Wahhabi Islam, preserving religious control over society while solidifying the ruling family’s power. Prince Nayef led an anti-terror domestic offensive against an al-Qaeda offshoot in the years following the September 11th terrorist attacks. More recently, he used a strong hand to suppress the democracy movement created in the wake of the Arab Spring, jailing activists and sending troops to suppress protestors in Bahrain.

Click here to read the The Lawfare Project's recent article, "Saudi Arabia to Lead UN Counter Terrorism Initiative," published by American Thinker.

A Thank You From The Lawfare Project

On Tuesday, May 29, 2012, The Lawfare Project and the law firm of Mayer Brown LLP presented Lawfare: Expert Perspectives, featuring New York County District Attorney Cyrus R. Vance, Jr., Amb. John Bolton, Amb. Ido Aharoni, Dr. Qanta Ahmed (author of In The Land of Invisible Women), and LP Director Brooke Goldstein.

Hosted by Mayer Brown partners Richard A. Spehr and Steven Wolowitz, the event was held to announce the firm's participation in counter-lawfare initiatives on a pro bono basis. The Lawfare Project would like to thank Mayer Brown and all participants for making the event a tremendous success.

Photos of the event are available on our Facebook Page, and video of the event will be available soon on the LP website.

Lawfare News

Kansas governor signs measure blocking application of foreign law in U.S. courts, CAIR says it will likely bring suit
USA Today (May 26, 2012)

Kansas governor Sam Brownback signed a law, taking effect July 1, stating that courts, administrative agencies, and state tribunals cannot base rulings on any foreign law or legal system that would deprive the parties of rights guaranteed by state and U.S. constitutions. The law makes no specific mention of Sharia law, and legislators who were skeptical of the bill have opined that it is "broad and bland enough" such that it does not specifically target Islam. It was approved unanimously by the House and with "broad, bipartisan support" by the Senate. Nonetheless, a spokesman for the Council on American-Islamic Relations (CAIR) said that the legislation will likely be challenged in court because the law's supporters allegedly expressed concern about Sharia law.

CAIR, an unindicted coconspirator in a Hamas funding trial, is a frequent lawfare proponent. The organization frivolously sued former Representative Cass Ballenger after he reported CAIR to the FBI as the "fund-raising arm for Hezbollah," unsuccessfully attempted to have the tax-exempt status of the Clarion Foundation revoked for its film Obsession (which analyzed the nexus between terrorism and militant Islam), and was recently accused of working to impede FBI investigations into terrorism.

Turkish prosecutor wants Ashkenazi, 3 more IDF chiefs jailed for flotilla killings
Times of Israel (May 23, 2012)

Istanbul prosecutor Mehmet Akif Ekinci seeks to indict former IDF chief of staff Gabi Ashkenazi along with three other IDF commanders over the 2010 Mavi Marmara flotilla incident, during which nine Turkish citizens were killed after Israeli interception of the ship. The document released by the Turkish prosecutor charges the former commanders with premeditated murder of ten Turkish nationals as well as deliberate torture of 114 Palestinian passengers on board. In 2011, Israel conducted a formal investigation into the Mavi Marmara event and cleared the IDF of wrongdoing. Additionally, Israel has stated that the Israeli naval commandos were attacked when they attempted to commandeer the vessel pursuant to Israel's blockade of Gaza, and that they opened fire in self-defense.

The UN committee that investigated the flotilla incident, as well as other experts, agree that the maritime blockade of Gaza is legal and in accordance with international law. Attempts to break the blockade are aimed directly at assisting Hamas, a designated terrorist organization. Intended to prevent the furnishing of weapons and other non-humanitarian assistance ("material support") to Hamas, the blockade is applied impartially to all vessels and has permitted the delivery of humanitarian aid into the blockaded area. Additionally, numerous accounts - including video recordings - have shown that Mavi Marmara passengers were armed with stun grenades, metal rods, chains, and other weapons, and that the passengers were the initial aggressors, attacking the IDF soldiers as they boarded the flotilla.

Further Lawfare Project analysis of the Mavi Marmara incident can be found here.

Legal Warfare undermining Global Court System
The Epoch Times (June 1, 2012)

Legal warfare, or lawfare, is a pillar of the China's tripartite strategy known as The Three Warfares and aims to "undermin[ing] a superior enemy's military abilities, as well as influencing the enemy civilian leadership's 'will to fight.'" According to Lt. Gen. David A. Deptula, who advised the U.S.-China Economic and Security Review Commission on the integration of legal warfare into government military strategies, the Chinese military is using "legal arguments to manipulate international law to their advantage and legitimize Chinese actions." Deptula continued, "In the event of a conflict with Taiwan or any other adversary, the PRC will likely manipulate the international legal system to their own advantage, claiming sovereignty, right of defense, or interference by an outside party as illegal."

Indonesia: No Model for Muslim Democracy
The New York Times (May 21, 2012)

While Indonesia has made considerable improvements in consolidating a steady, democratic government after five decades of authoritarian rule, recent praise of the nation by Western leaders is premature. British Prime Minister David Cameron, for instance, applauded Indonesia for demonstrating that "religion and democracy need not be in conflict," and Secretary of State Hillary Clinton stated, "If you want to know whether Islam, democracy, modernity and women's rights can coexist, go to Indonesia." Freedom of religion is protected under Indonesia's constitution, but atheists, Christians, Bahá'ís, Shiites, Sufis, and members of the Ahmadiyya Muslim community are routinely prosecuted under anti-blasphemy and anti-proselytizing regulations. As of 2010, more than 150 religiously motivated regulations restricting minority rights had been enacted.

Ohio man gets six years for plot to smuggle money to Hezbollah
Reuters (May 21, 2012)

Hor Akl was sentenced to 75 months in prison after pleading guilty to arranging shipment of $200,000 to Hezbollah, an Islamist terrorist group in Lebanon. The counts include conspiracy to provide material support to a foreign terrorist organization, money laundering, perjury, and bankruptcy fraud. Akl's wife, Amera, plead guilty to one count of conspiracy to provide material support to the terrorist group and is now serving a 40-month prison sentence.

Iran, Syria ordered to pay terror victim's family
The Jerusalem Post (May 15, 2012)

A United States district court awarded $332 million in damages from Iran and Syria to the family of Daniel Wultz, a 16-year-old who died from wounds sustained in a 2006 Tel Aviv suicide bombing. The attack was carried out by a member of Islamic Jihad, an offshoot of the designated terrorist organization Hamas. Iran and Syria, the court held, provided material support and resources needed for the bombing. The suit was brought under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1330, 1602 et seq., enabling U.S. civilians to sue sovereign states that sponsor terrorism, such as Iran and Syria. According to attorney Nitsana Darshan-Leitner, this is the first time that the Syrian government has been found liable by a U.S. federal court for its support of Islamist terror organizations, which continuously carry out suicide attacks against civilians in Israel.

Lawfare News

UN genocide tribunal in Rwanda swears-in judges selected to finish its work
UN News Centre (May 7, 2012)

Today, nine judges were sworn in to the International Residual Mechanism of the UN International Criminal Tribunal for Rwanda (ICTR), the latter of which was established after the 1994 Rwandan genocide. Judge Theodor Meron, President of the International Residual Mechanism for Criminal Tribunals, underscored that the Mechanism is "of vital importance to the continued protection of the rights of victims, witnesses and persons" tried by the ICTR and its sister tribunal, the International Criminal Tribunal for the former Yugoslavia (ICTY), the mandates of which will soon expire.

Inciting Genocide Is a Crime
Wall Street Journal (May 1, 2012)

Iran's genocidal anti-Semitic and anti-Israel rhetoric, though perhaps one of the nation's lesser spotlighted violations of international law, is in fact one of its most serious crimes. "Incitement" to genocide is outlawed under the UN Genocide Convention, regardless of whether genocide has taken place. Though freedom of speech has often been cited as a defense to charges of incitement, "no free-speech law condones threats of mass murder," as has been recognized by a number of tribunals throughout the world.

Free Speech Found Guilty by Europe
Gatestone Institute (April 23, 2012)

Lars Hedegaard - a journalist, historian, and president of the Danish Free Press Society - was acquitted by the Danish Supreme Court on April 20, 2012 of "hate speech." Hedegaard was initially charged under Article 266(b) of the Danish penal code for remarks he made concerning sexual abuse in Muslim communities. Although a personal victory for Hedegaard, the acquittal was based on a technicality and the court specifically held that the substance of the speech at issue - public criticism of Islam - violated Article 266(b), thereby upholding this restriction on free speech.

European Court Says Britain Can Send Terror Suspects to U.S.
The New York Times (April 10, 2012)

The European Court of Human Rights ruled that Britain could legally extradite five terrorism suspects wanted in the United States. Specifically, the court held that the defendants' human rights "would not be violated by their prospective captivity in a maximum security American prison," thereby setting precedent that will likely lessen the difficulty of extraditing terrorism suspects from Britain. The ruling differs markedly from the same court's January 2012 decision that radical Islamist preacher Abu Qatada, considered one of al-Qaeda's "main inspirational leaders in Europe," could not be extradited to Jordan, his native country. In Qatada's case, the court reasoned that evidence would be obtained by torture in Jordan, thereby tainting any trial.

Obama for Palestinian aid
The Nation (April 28, 2012)

Last year, Congress withheld $192 million from the Palestinian Authority (PA) after the PA's September 2011 attempt to gain statehood recognition at the United Nations. President Obama has now signed a waiver removing the funding block, announcing that the aid is "important to the security interests of the United States."

PA minister resigns amid censorship row
The Jerusalem Post (April 26, 2012)

PA Communications Minister Mashour Abu Daka has resigned amid reports of government censorship of the Internet. A total of five people, including journalists, bloggers, and a cartoonist, have been arrested for their criticism of President Mahmoud Abbas. Additionally, Ismat Abdul-Khlaeq, a Palestinian university lecturer, was detained for criticizing Abbas on Facebook. Abu Daka accused PA attorney-general Ahmed al-Mughni of "gagging free speech," confirming that al-Mughni had blocked access to websites critical of Abbas. Ma'an News Agency also reported that, since the beginning of 2012, eight "critical news websites" have been blocked.

Kuwait’s National Assembly asked its legal and legislative committee to review proposed amendments to the penal code that would apply the death penalty to blasphemy against Mohammed or his wives. The National Assembly is scheduled to review the amendments on April 10. Blasphemy has been illegal in Kuwait since 1961, and the penalty is seven years’ imprisonment.

This proposal comes during a heated public debate about a Shiite man, identified as Hamad Al-Naqi, alleged to have blasphemed against Mohammed, his wife Aisha, and his companions on Twitter. Originally, Al-Naqi claimed his Twitter account was hacked, but allegedly he has taken responsibility for the posts.

The arrest has divided Kuwaiti lawmakers along Sunni-Shiite sectarian lines. According to the Kuwait Times, MP Jamaan Al-Harbash said, “[T]he nation should punish him if the government fails to do so. We are waiting for the arrest of the renegade so that calamity can be avoided.” Others called for the death penalty, and the Interior Ministry has vowed to show “zero tolerance.”

Public protests to the charges against Al-Naqi included Sunni activists burning an Iranian flag, according to the Kuwait Times. The flag burner was reportedly arrested and his actions condemned by the Kuwaiti government.

The Lawfare Project has been tracking the resurgence of blasphemy laws in the West, which are intended to silence legitimate dialogue about militant Islam. The situation in Kuwait shows that there is a parallel effort in Islamic countries to increase the price for free speech and punish those who speak against radical Islam.