On December 16, 2014, the European Court of Human Rights (the Court) ruled (French only) in Chbihi Loudoudi and Others v. Belgium that Belgium did not violate Article 8 (right to respect for private and family life) of the European Convention on Human Rights (the Convention) when it refused to allow a child to be adopted by her aunt and uncle, who had become her Kafala guardians, an Islamic institution undertaken voluntarily “to provide for a child’s welfare, education and protection.” According to the press release, the Court decided that, “taking into account the...
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.
The United Nations Released a report, “We the Peoples: Celebrating Seven Million Voices,” (the Report) that details the findings of a survey given to seven million people throughout the world. The survey was primarily given to “young people under 30 from low to medium HDI (Human Development Index) countries.” According to the press release, the Report asked participants what they would like to see included in future development goals by voting for “six out of 16 issues which are most important to them and their families.” The four most popular issues were good education, better...
On December 11, 2014, the International Criminal Court (the Court) confirmed four charges against Charles Blé Goudé in connection with the violence in Côte d’Ivoȋre in 2010–2011. According to the press release, the pre-trial chamber found “sufficient evidence to establish substantial grounds to believe that Charles Blé Goudé is individually criminally responsible for the crimes against humanity of murder, rape, other inhumane acts or – in the alternative – attempted murder, and persecution.” Mr. Goudé was charged with “individual criminal responsibility for committing these crimes,...
On December 10, 2014, the United Nations finished its review of the International Law Commission’s final report on “The Obligation to Extradite or Prosecute” (the Report). The Report examined provisions of several international instruments regarding the obligation to extradite or prosecute and made several clarifications “in order to assist States in this matter.” The Report notes that the view that “the obligation to extradite or prosecute plays a crucial role in the fight against impunity is widely shared by States [and] the obligation applies in respect of a wide range of crimes of...
On December 9, 2014, the U.S. Senate Select Committee on Intelligence released a report entitled, “Committee Study of the CIA’s Detention and Interrogation Program: Findings and Conclusions” (the Report). The Report found that the Central Intelligence Agency (CIA) had, among other things, used enhanced interrogation techniques that were ineffective while also withholding information regarding the severity of interrogation activities from the U.S. government and the media. After the Report’s release, United Nations Special Rapporteur on Torture Juan Mendez issued a statement welcoming the...
On December 2, 2014, the International Criminal Court’s Office of the Prosecutor (OTP) released a report entitled, “Preliminary Examination Activities 2014,” detailing the status of preliminary investigations into various situations to determine if they meet the legal criteria established by the Rome Statute to warrant investigation by the Court. The OTP is currently investigating U.K. authorities for “war crimes involving systematic detainee abuse in Iraq from 2003 until 2008.” The OTP is also conducting an investigation into all actors involved in the conflict in Afghanistan, including...
On December 8, 2014, a World Trade Organization (WTO) Appellate Panel (the Panel) overturned the original panel’s decision, ruling that the U.S. had not acted in accordance with WTO law when imposing duties on Indian steel imports. According to a news article, the WTO held that “the U.S. duties had wrongly penalized India for subsidizing steel exports by Tata Steel [and] the U.S. Department of Commerce had erred by saying [Indian state-run steel company] NMDC was a ‘public body’ under WTO rules.” The WTO also “asked the United States to bring [its duties on Indian steel] into line with...
On December 8, 2014, the International Criminal Court (the Court) recognized Palestine as an observer state and granted non-state party observer status. According to a news article, Palestine may now “ratify the Rome Statute, the treaty that established the International Criminal Court,” which could open the door to possible investigation and prosecution of war crimes in the Palestinian Territories. For now, the recognition is “symbolic but significant nonetheless, considering how elusive statehood has proved for the Palestinians.”
On December 5, 2014, Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), announced that she was withdrawing charges against Uhuru Muigai Kenyatta, the President of Kenya. According to a news story, the judges of the ICC would not postpone the trial at Ms. Bensouda’s request in order to allow her to gather more evidence. Ms. Bensouda stated that she withdrew the charges “without prejudice to the possibility of bringing a new case should additional evidence become available.” She cited difficulty in gathering adequate evidence “to prove Mr. Kenyatta's alleged...
On December 5, the African Court of Human and Peoples’ Rights (the Court) ruled in Konate v. Burkina Faso (full text unavailable) that Burkina Faso was in violation of Article 9 (freedom of expression) of the African Charter, Article 19 (freedom of expression) of the International Convention on Civil and Political Rights (ICCPR), and Article 44 (discriminating internal legislation) of the Economic Community of West African States (ECOWAS) treaty by having and enforcing legislation that criminalizes “defamation” in the press and that Mr. Konate’s appeal against his domestic...