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South African court rules against ICC withdrawal
Law Firm Press | 2017/02/18 10:29
A South African court has ruled that the government's decision to withdraw from the International Criminal Court was unconstitutional.

A judge in the North Gauteng High Court on Wednesday instructed the government to revoke its notice of withdrawal from the human rights tribunal based in The Hague, Netherlands.

South Africa's main opposition party had gone to court, saying the government's notice was illegal because the South African parliament was not consulted.

South Africa's withdrawal announcement followed a 2015 dispute over a visit by Sudanese President Omar al-Bashir, who is wanted by the ICC for alleged war crimes, crimes against humanity and genocide in Darfur. Al-Bashir was allowed to leave South Africa even though a local court ordered authorities to stop him.


German court excludes Jewish brothers from Auschwitz trial
Legal Opinions | 2017/02/15 10:12
A German court has excluded two elderly Jewish American men from joining the trial of a 96-year-old former Auschwitz SS medic, because their mother was not killed in the death camp's gas chambers during the time covered in the indictment.

Hubert Zafke is charged with 3,681 counts of accessory to murder for a one-month period in 1944.

The Neubrandenburg state court said Tuesday it was excluding Walter and William Plywaski, of Boulder, Colorado, from joining the trial as co-plaintiffs, as allowed under German law for victims' relatives.

Their attorneys argue that Zafke was present for a longer period than covered by the indictment, and say they'll appeal.

The trial has been repeatedly delayed over the defendant's health and complaints from the co-plaintiffs the judges are biased.



Wisconsin Supreme Court to hear open meetings case
Legal Line News | 2017/02/15 10:12
The Wisconsin Supreme Court is to hear arguments in a case that could give school boards and other governmental bodies a way around the open meetings law.

The case up for argument Wednesday focuses on whether meetings of a committee created by employees of the Appleton Area School District to review books for use in a ninth grade class should have been open to the public.

More broadly the court will examine whether committees created in the same way that the one in Appleton was brought together allows them to be exempt from the law.

John Krueger, whose son attends the Appleton district, argued in a lawsuit that the review committee broke the state open meetings law by not posting a public notice of its meetings or allowing the public to attend. But the Waupaca County Circuit Court and state appeals court both sided with the district, setting up Krueger's appeal to the state Supreme Court.

Krueger raised concerns in 2011 about references to suicide and sex in the book "The Body of Christopher Creed" that students in a freshman communications arts class read. Krueger requested that an alternative class be offered that included books that had no profanity, obscenities or sexualized content.

Appleton's superintendent, Lee Allinger, asked two members of the district's department that handles curriculum and instruction to respond to Krueger's concerns. Those employees formed a 17-member committee including district administrators, teachers and staff to evaluate books used in the course.



Court: Police executing 'no-knock' warrant before shooting
Law Firm Press | 2017/02/14 01:10
Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.

WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.

The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.

Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene.



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