International Law in Brief


International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
Agreement Reached in ARA Libertad Arbitration (Argentina v. Ghana) (September 27, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for press release (approximately 2 pages); download of Agreement available via link, here (approximately 5 pages)

Argentina and Ghana have concluded an Agreement regarding their dispute over the ARA Libertad, an Argentine frigate detained in Port of Tema, Ghana, in October 2012, and the subject of subsequent court proceedings. The Agreement signals the end of an arbitration proceeding initiated at the Permanent Court of Arbitration pursuant to Annex VII to the United Nations Convention on the Law of the Sea. The States agreed that, among other conciliatory gestures, the...

Expert Panel Finalizes “Draft Statute for a Syrian Extraordinary Tribunal to Prosecute Atrocity Crimes” (October 3, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for draft statute (approximately 32 pages); click here for press release (approximately 3 pages)

A panel of former international tribunal chief prosecutors and leading experts has prepared a “Draft Statute for a Syrian Extraordinary Tribunal to Prosecute Atrocity Crimes.”  According to the press release, the panel—which is co-chaired by Professors M. Cherif Bassiouni, David Crane, and Michael Scharf—finalized the Draft Statute in the wake of the August 2013 International Humanitarian Law Dialogs conference at Chautauqua Institution.

According to the preamble to the...

Judges Re-elected President and Vice-President of the ICTY (October 1, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for press release (approximately 3 pages)

In a special plenary, the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) re-elected Judge Theodor Meron as President of the Tribunal and Judge Carmel Agius as Vice-President. Both will serve two-year terms scheduled to begin November 17, 2013. Judge Meron, of the United States, has served as ICTY President twice before. Judge Agius, of Malta, has served as ICTY Vice-President since 2011.

Inter-American Court of Human Rights Closes the Castañeda Gutman v. México Case (September 11, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for press release in Spanish (approximately 1 page); click here for the Decision in Spanish (approximately 15 pages)

The Inter-American Court of Human rights ruled to close and archive the case of Castañeda Gutman v. México. The case concerned a dispute over the lack of effective remedy for Mr. Castañeda Gutman, a Mexican presidential candidate in 2006, to challenge the State’s refusal to register him as a candidate. The Court found that the State, through various domestic legal reforms, has now complied with the orders of the court and the provisions of the...

International Tribunal for the Law of the Sea Announces the Death of Judge Soji Yamamoto (September 19, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for press release (approximately 1 page)

Judge Soji Yamamoto, a Member of the International Tribunal for the Law of the Sea from 1996 to 2005, passed away on September 19, 2013. Judge Yamamoto was a renowned international lawyer and member and past president of the Japanese Society of International Law. Prior to his election as judge of the Tribunal, Judge Yamamoto served as Adviser and Special Adviser for Japan at several international meetings, including the Antarctic Treaty Consultative Meeting. He also held chairs in international law at Seikei University and Tohoku...

Special Tribunal for Lebanon Indicts Hassan Habib Merhi (October 10, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for Order on Partially Lifting the Confidentiality of the Indictment (approximately 4 pages); click here for redacted public Indictment (approximately 35 pages); click here for press release (approximately 2 pages)

A Pre-Trial Judge of the Special Tribunal for Lebanon (STL) has partially lifted the confidentiality on its July 2013 decision to confirm an indictment against Hassan Habib Merhi.  According to the press release, the confirmed indictment and an arrest warrant were transmitted to the Lebanese authorities so that they could search for Merhi, arrest him, and...

Caribbean Court of Justice Delivers Judgment in Shanique Myrie v. The State of Barbados (October 4, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for Judgment (approximately 60 pages); click here for press release (approximately 1 page)

The Caribbean Court of Justice has awarded Jamaican national Shanique Myrie Bds$2,240 in pecuniary damages and Bds$75,000 in non-pecuniary damages to be paid by the State of Barbados.  According to the press release, the Court “found that Ms Myrie had been wrongfully denied entry into Barbados, subjected to a humiliating cavity search and unlawfully detained overnight in a cell and expelled from Barbados.”  In making its ruling, the Court held that Caribbean Community (CARICOM)...

The Office of the Prosecutor of the International Criminal Court Adopts Code of Conduct for the Office of the Prosecutor
| By: Kathleen Doty : October 04, 2013 |

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has adopted a Code of Conduct for the OTP.  The Code sets "minimum standards of conduct applicable to all Members of the [OTP]" as a supplement to the general standards of conduct promulgated in other ICC Codes of Conduct and Staff Regulations.  The Code includes: standards of conduct such as independence, impartiality, and confidentiality; specific duties such as objective truth-seeking and disclosure; and working relations such as equal treatment, non-discrimination and non-harassment.  The Code entered into...

U.N. Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence Issues Report on Truth Commissions
| By: Kathleen Doty : October 04, 2013 |

The U.N. Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence has issued a report relating to truth commissions and recently presented it to the Human Rights Council.  According to the press release, the Special Rapporteur contends that "truth commissions have made significant contributions to transitional processes" but "face various challenges which can lead to the non-implementation of recommendations," such as "overly broad mandates, flawed choices of commissioners, and insufficient and unreliable funding streams."  The Special Rapporteur...

Board of Governors of the Federal Reserve System Approves Final Rule Implementing Basel III Regulatory Capital Reforms
| By: Kathleen Doty : October 04, 2013 |

In July 2013, the Federal Reserve Board approved a final rule that will increase the minimum requirements for both the quantity and quality of capital held by banking organizations.  According to the press release, the final rule "minimizes burden on smaller, less complex financial institutions" while "establish[ing] an integrated regulatory capital framework that addresses shortcomings in capital requirements, particularly for larger, internationally active banking organizations, that became apparent during the recent financial crisis."  The rule will implement the Basel III regulatory...

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