Victory in case of Major Margaret Witt

Victory in case of Major Margaret Witt

Major Witt was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman.

She alleged that the “Don’t Ask, Don’t Tell” policy of the US military, violated substantive due process , the Equal Protection Clause and procedural due process. A district court dismissed her suit under a US Federal Rule of Civil Procedure. In this judgment, the US Court of Appeal for the 9th Circuit substantially reversed this decision and remanded the case to be tried with stipulations on the standards that should be pursued in such a trial. This is the judgment of the case and the ICJ amicus brief

US-Brief of Amicus Curiae International Commission of Jurists on the case of Major Witt-Analysis briefs-2008 (full text, PDF)

US-Court of Appeals for the 9th Circuit-Report-2008 (full text, PDF)

Briefing paper: amendment to the framework decision on combating terrorism and provocation to commit a terrorist offence

Briefing paper: amendment to the framework decision on combating terrorism and provocation to commit a terrorist offence

This note addresses the European Commission’s proposal for an amendment to the Framework Decision on Combating Terrorism of 2002, and in particular the provisions which would require EU Member States to criminalise public provocation to commit a terrorist offence.

The ICJ is concerned that without further safeguards in the text of the Framework Decision, it may lead to disproportionate interference with freedom of expression.

Amendment to the Framework Decision on Combating Terrorism-Analysis briefs-2008 (full text, PDF)

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