On September 26, 2014, the UN Human Rights Council (the Council) concluded its twenty-seventh session, having adopted thirty-two resolutions on a variety of issues. According to a press release, the Council adopted resolutions “on sexual orientation and gender identity, on the deteriorating human rights and humanitarian situation in Syria, on civil society space, and on foreign debt.” Additional resolutions included those on “technical assistance and capacity building, including in Yemen and Sudan, the human right to safe drinking water and sanitation, and on the right of the child to...
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.
On September 29, 2014, the Appeals Chamber of the ICTR (Appeals Chamber) delivered judgments in the cases of Édouard Karemera and Matthieu Ngirumpatse; Ildéphonse Nizeyimana; and Callixte Nzabonimana. According to the press release, “[t]he Appeals Chamber reversed certain findings of the Trial Chamber, which, however, did not result in the overturning of any of Karemera’s or Ngirumpatse’s convictions” and affirmed their life sentences. In the case of Nizeyimana, the Appeals Chamber affirmed a number of his convictions, but also “found that the Trial Chamber...
On September 28, 2014, eight states ratified the Arms Trade Treaty (ATT), bringing the total number of states parties to 53. According to Article 22 of the ATT, the “Treaty shall enter into force ninety days following the date of the deposit of the fiftieth instrument of ratification, acceptance or approval with the Depositary.” The object of the Treaty is to “[e]stablish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms,” and to “[p]revent and eradicate the illicit trade in conventional arms and...
On September 26, 2014, the Dutch Supreme Court upheld (Dutch only) an arbitration award of US$106 million with post-award interest in favor of Chevron and its affiliates, Texaco Petroleum Co., against Ecuador. The award was in relation to an oil extraction and exploitation concession agreement in the Amazon territory from 1964, which Ecuador allegedly breached. According to the press release, Chevron initiated proceedings against Ecuador under a 1997 Bilateral Investment Treaty (BIT) between Ecuador and the US, arguing that their “claims should be deemed ‘investments’ within the meaning...
On September 26, 2014, the United Nations High Commissioner for Refugees expressed concern over the recent agreement between Australia and Cambodia on refugee relocation, entitled “Memorandum of Understanding Between the Government of The Kingdom of Cambodia and The Government of Australia, Relating to The Settlement of Refugees in Cambodia.” According to a news article, under the agreement, “Australia will relocate refugees currently being held on the Pacific island of Nauru to Cambodia.” As such, “people who are recognized as refugees in Nauru will be offered permanent settlement in...
On September 24, 2014, the United Nations Security Council adopted Resolution 2178 regarding foreign fighters in Iraq and Syria. Acting under Chapter VII and “[n]oting the continued threat to international peace and security posed by terrorism,” the Security Council, “[c]ondemns the violent extremism, which can be conducive to terrorism, sectarian violence, and the commission of terrorist acts by foreign terrorist fighters, and demands that all foreign terrorist fighters disarm and cease all terrorist acts and participation in armed conflict.” In the Resolution, the Security Council also...
On September 24, 2014, the Prosecutor of the International Criminal Court, Fatou Bensouda, issued a report on the situation in the Central African Republic (CAR) concluding “there is a reasonable basis to proceed with an investigation into the Situation in the CAR II” in regard to events that have taken place since 2012. According to the press release, in February 2014, Bensouda began a new preliminary investigation into alleged crimes in CAR, and in May 2014, the transitional government of CAR referred the situation to the Office of the Prosecutor. After a review of the information,...
On September 22, 2014, a Tribunal at the International Centre for Settlement of Investment Disputes (ICSID Tribunal) upheld an award for US $42 million in favor of US-based El Paso Energy International Company against Argentina regarding the state’s actions in response to its 2001 financial crisis. The decision notes that the Tribunal in the original arbitration “concluded that Argentina had breached its obligation to accord fair and equitable treatment to El Paso’s investment, under the BIT [Treaty between the Argentine Republic and the United States of America concerning Reciprocal...
On September 18, 2014, the General Court of the Court of Justice of the European Union (the Court) rejected claims for damages brought by Mr. Aguy Clement Georgias regarding his detention at Heathrow Airport due to restrictive measures (freezing of funds and prohibition of entry into or transit through the territory of the European Union) that the Council of the European Union had imposed against him as a member of the Zimbabwe Government. According to the press release, the Court held that any damage relating to Mr. Georgias detention at Heathrow “arose directly from a decision of the...
On September 15, 2014, the UN Security Council adopted Resolution 2177, “[d]etermining that the unprecedented extent of the Ebola outbreak in Africa constitutes a threat to international peace and security” and calling on Member States to respond urgently to the emergency while also refraining from isolating the affected countries. In the Resolution, the Security Council “[e]xspresses concern about the detrimental effect of the isolation of the affected countries as a result of trade and travel restrictions imposed on and to the affected countries,” and “[c]alls on Member States, including...