the Disillusioned kid: The case for the Defense (Department)
| Email | Home | Linkage | Profile |

Sunday, April 23, 2006

The case for the Defense (Department)

Things were starting to look up for the Chagossians; a handful have been allowed to visit the islands for the first time since their eviction and there are rumours of a second trip. Problem is, it was never likely to last and it's fallen to the US Court of Appeals for the District of Columbia Circuit to do the dirty.

The court ruled that federal courts were powerless to grant compensation to the islanders for the disposession because this entailed reviewing 40-year old Defense Department decisions. Quoth Judge Janice Brown (who incidentally happens to be a Bush apointee):
If we were to hold that the executive owed a duty of care toward the Chagossians, or that the executive's actions in depopulating the islands and constructing the base had to comport with some minimum level of protections, we would be meddling in foreign affairs beyond our institutional competence.
She continued, "We may not dictate to the executive what its priorities should have been."

The Chagossian's legal fight was only ever going to get them so far. The law in the US and UK remains largely subordinate to the interests of power, rhetoric aside. We are still waiting for the decision in the High Court case into the Orders in Council which prevent islanders even stepping foot on the island without express permission, but frankly I don't hold out much hope for a positive outcome. The battlefield may change, but the fight goes on.

Those of you interested in such things can find the ruling in all its glory as a pdf here and assorted documents pertaining to the case here.

File Under: , , ,
|

Links to this post:

Create a Link

<< Home

Side Projects

Carnival of Anarchy
The Peace Pipe
UK Watch Blog

Acquaintances

Against the Current
Atopian.org
Culture hits and gendered bits
Daniel Randall
In The Water
Mike Wood
On The Barricades
Pizarro's Sword
Space Cat Rocket Ship
Surveillant Assemblage
TashCamUK FotoPage
The Naked Lunch
The Peace Pipe
The World of the Dynamite Lady

Strangers

Anarchoblogs
Antiwar.com Blog
Arte & Lingua
Barker in Valencia
Blairwatch
Bloggerheads
Blood & Treasure
Bombs and Shields
Boomablog
Born at the Crest of the Empire
Chase me ladies...
Chicken Yoghurt
Craig Murray
Dead Men Left
Direland
Disreputable Lazy Aliens
Empire Notes
Europhobia
Friends of Al Jazeera
Global Guerillas
Guerillas in the Midst
I Blame the Patriachy
Informed Comment
Insultadarity
Janine Booth
Lenin's Tomb
Life of Riley Blog
Media Watch Watch
Neil Shakespeare
NO2ID NewsBlog
One Hump or Two?
Otto's Random Thoughts
Perfect.co.uk
Pitch In For Uzbekistan
Registan.net
Run over by the truth
Solidarity With Iraqi Workers
Shut Up You Fat Whiner!
Sudan: Passion of the Present
Talk Politics
The Anthropik Network
The Daily (Maybe)
The Devil's Kitchen
The Disillusioned
The f-word
The Head Heeb
The Killing Train
The Revenge of Winston Smith
The Socialist Unity Blog
The Wicked Truth
Theory of Power
Things I Don't Have Time For
This (Fresh) Gringo
This Is My Truth
Thumping the Tub
Time The Dreaded Enemy
UK Watch Blog
UK Poli Blogs
underbrella
Under The Same Sun
Uzbekistan.neweurasia.net
What Fresh Hell Is This?
Where is Raed? (RIP)
Who Are You to Accuse Me?
Words and Rocks
Zeropointnine
Z-Net Blog

Neighbours

Asbo Community Space
Defy-ID
Eastside Climate Action
Faslane 365
Freecycle
Indymedia
No Borders
Nottingham Student Peace Movement
Refugee Forum
Stop the War
Sumac Centre
The Demo Project

Ivory Towers

Anarchist Studies Network
Centre for the Study of Social and Global Justice
Postanarchism Clearinghouse

Miscellania

Anarchist FAQ
Antiwar.com
Chagos Discussion List
Chagos Support Forums
Electronic Intifada
Future of Iraq Portal
Index of Political Blogs
Indymedia UK
Infoshop
Iraq Occupation Focus
Pledgebank
Refuser Solidarity Network
SchNEWS
Socialist Unity Network
The New Standard
UK Chagos Support Association
UK Watch
Weekly Worker
Wikipedia
WriteToThem.com
Z-Net

The Progressive Blog Alliance

Register here to join the PBA.