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Ukraine dispatch: Russian invasion risks nuclear disaster for the world – JURIST

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Law students and young lawyers from Ukraine appear for JURIST about the latest developments in that country as it defends itself from Russian invasion. Here, reports Kiev-based attorney and University of Pittsburgh LLM graduate Yaroslav Pavliuk. On February 27, Russian President Putin ordered Russia’s nuclear missiles to be placed on alert. This move marked the largest nuclear escalation since the Cuban Missile Crisis in 1962, when Soviet missiles were poised to attack American cities. This move on the fourth day of the Russian invasion of Ukraine also means that Russia underestimated Ukraine’s military capabilities and its conventional war plan. did not work as expected. However, it is important to understand that this nuclear blackmail is primarily directed at the collective West and the entire civilized world. In the worst case, Russia can still use tactical nuclear weapons against Ukraine, but they will affect Russian territory as well. At the same time, Russia’s strategic nuclear weapons may be directed at New York, Brussels and London. Russia is estimated to have a total of 5,977 nuclear warheads, of which around 1,500 are currently deployed. These include intercontinental ballistic missiles, submarine-launched missiles, and air-launched missiles. On February 27, Belarus, whose territory is used to attack Ukraine, voted in a referendum to give up its non-nuclear status. It means that Russian nuclear missiles can be placed in this country at the gates of the European Union. The Bulletin of Atomic Scientists recently announced that the hands of the Doomsday Clock remain at 100 seconds to midnight, the closest it has ever been to the apocalypse. It is also important to understand that Ukraine used to have the third largest nuclear arsenal in the world (after the US and Russia) and they voluntarily agreed to give it up and committed to denuclearization. In December 1994, Ukraine joined the Treaty on the Non-Proliferation of Nuclear Weapons. In exchange, Ukraine received guarantees of its security. Under the 1994 Budapest Memorandum on Security Assurances, the Russian Federation, the United Kingdom, and the United States undertook to “respect the Independence and Sovereignty and existing borders of Ukraine” and “refrain from the threat or use of force against territorial integrity”. or the political independence of Ukraine”. The Memorandum was violated by Russia in 2014 and again in 2022. The blatant violation of the Budapest Memorandum will allow rogue states around the world to legitimately question their commitment to denuclearization. Nuclear power plants (NPPs) can also be sources of nuclear threats. if it is affected by hostilities. Ukraine has a total of four nuclear power plants. On February 24, Russian forces used the territory of Belarus to seize the Chernobyl nuclear power plant north of Kiev. The Chernobyl nuclear disaster, which occurred on April 26, 1986, is considered the worst nuclear disaster in history. The Chernobyl nuclear power plant completely stopped its operation in 2000, but there is nuclear waste storage in the so-called Chernobyl exclusion zone. Ukraine’s State Inspectorate for Nuclear Regulation said “gamma radiation dose rate control levels have been exceeded at a significant number of observation points” due to the occupation and military fighting in this territory. The staff are held hostage and their fate is unknown. It is believed that Russian forces may be preparing a provocation. On March 4, Russian forces entered the facility and shelled the Zaporizhzhia NPP, Europe’s largest nuclear power plant, causing a fire. The first power unit was also hit. Ukraine informed the International Atomic Energy Agency (IAEA) that “the battle is taking place in the city of Enerhodar and on the way to the site of the Zaporizhzhia nuclear power plant” and that the situation is “critical”. In response, the IAEA stated that it was putting its Incident and Emergency Center (IEC) into full response mode. Britain will seek an emergency UN Security Council meeting on the Zaporizhzhia nuclear power plant. The South Ukrainian nuclear power plant, located in the Mykolayiv region, is also not far from the front line. An accident at any of these nuclear power plants is a threat not only to Ukraine. Not a single country in the world will remain untouched. Now a crucial issue for Ukraine is making sure its skies are closed to Russian military planes and missiles, and that they cannot attack civilian infrastructure, including nuclear power plants. The United States and the European Union still refuse to impose a no-fly zone in Ukraine, despite historical precedents in Iraq in 1991, Bosnia in 1992, and Libya in 2011. In all of these cases, the no-fly zone helped save many civilians. lives and averted a catastrophe. Any attempt to sacrifice Ukraine and try to do business as usual with Russia (quite popular with some European countries until recently) will simply not do any good for global security. There is a famous phrase attributed to Winston Churchill after the Munich of 1938: “You were given the choice between war and dishonor. You chose dishonor and you will have war.” I would like to conclude by quoting the Nazi general Alfred Jodl at the Nuremberg trial: “If we did not collapse already in the year 1939 that was solely due to the fact that during the Polish campaign, the approximately 110 French and British divisions in the West remained completely inactive against the 23 German divisions. Such behavior in 1939 cost millions of lives around the world. I hope the lessons of the past have been learned, though I am not sure. At least the risk of an actual nuclear disaster should be a good motivation to take action.

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Indian court keeps journalist in police custody over tweet – JURIST

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The Delhi Metropolitan Magistrate’s Court on Tuesday ordered journalist and Alt News co-founder Mohammed Zubair to be held in police custody for four days. Zubair was arrested on Monday for the offenses of hurting religious sentiments and inciting enmity under Sections 153 and 295 of the Indian Penal Code. In 2018, Zubair posted a tweet showing a hotel whose name he changed from “Honeymoon Hotel” to “Hanuman Hotel”. Hanuman is a Hindu god. Delhi police arrested him based on a complaint about that tweet, which alleged that Zubair tweeted a “questionable image for the purpose of deliberately insulting the god of a particular religion.” accused for posting the tweet in question will be retrieved at the behest of the accused Mohammed Zubair from his residence in Bangalore, that the accused has not cooperated and (with) the disclosure statement recorded, four days PC (police custody) preventive detention of the accused will be concedes as the accused will be taken to Bangalore. Zubair’s arrest has been condemned by international organizations and national news organizations, including United Nations chief Antonio Guterres, Amnesty International, the Press Club of India and other media outlets.

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US Supreme Court Grants Review of Federal Bankruptcy Case – JURIST

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On Monday, the US Supreme Court agreed to hear MOAC Mall Holdings v. Transform Holdco, a case examining appellate court jurisdiction over sales orders in federal bankruptcy proceedings. The case revolves around the sale and transfer of a lease for a store in a shopping center. In 1991, Sears obtained a lease for a store in the Mall of America in Minneapolis, Minnesota. The lease only cost Sears $10 a year and was supposed to last 100 years. Sears, however, went bankrupt in 2018. As part of federal bankruptcy proceedings, Sears sold its assets and the Mall of America lease was transferred to Transform Holdco LLC, a corporation formed by Sears’ new owners. Mall of America sought to prevent the transfer because they claim that Transform Holdco LLC does not intend to occupy the leased facilities but to sublet them to other companies. Transform Holdco LLC argues that the long-term lease constitutes a substantial portion of the value Sears was sold for in the bankruptcy proceeding. The US Court of Appeals for the Second Circuit transferred the lease as it was deemed “integral” to a court-approved bankruptcy sale. Mall of America filed a petition with the US Supreme Court, arguing that a remedy is available that would not affect the validity of the sale. Therefore, according to Mall of America, the appellate court should be allowed to intervene. Transform Holdco LLC responds that no such remedy exists, and that the Second Circuit’s ruling should stand. The US Supreme Court must now determine whether federal bankruptcy law limits appeals on sales orders deemed “comprehensive,” even when a remedy is available that will not affect the validity of the sale. The court is set to hear oral arguments in the case next term.

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US appeals court to rehear challenge to Biden’s COVID-19 vaccine executive order – JURIST

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The US Court of Appeals for the Fifth Circuit issued an order on Monday stating that the court will rehear Feds for Medical Freedom v. Biden, a challenge to President Joe Biden’s 2019 executive order that required federal employees to get vaccinated against COVID-19 or face termination. In late May and early June, America First Legal Foundation, America’s Frontline Doctors, Airline Employees For Freedom Health, and an additional group of vaccine plaintiffs filed four amicus briefs in favor of a new full hearing. The plaintiffs in Rodden v. Fauci also filed a class action lawsuit made up of federal employees who contracted COVID-19, developed COVID-19 antibodies, “but remain subject to the federal employee vaccination mandate.” The Rodden plaintiffs argue that Biden and the “agencies he directs have no power to direct the personal medical decisions of federal employees,” and therefore this executive order is like an illegal government mandate. In addition, the group asserts that the panel’s refusal to review executive employment decisions is unlawful and thus protects “the exercise of unlawful governmental power.” In January 2022, a Texas judge blocked Biden’s executive order. Other state judges have also blocked enforcement of the COVID-19 vaccine mandate. In December 2021, a Georgia judge blocked the COVID-19 vaccination mandate for government contractors after the Texas Governor ordered a statewide ban on all COVID-19 vaccination mandates in October 2021 .

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