On May 2, 2014, the UK High Court issued its decision in Serdar Mohammed v. Ministry of Defence, holding that the detention beyond ninety-six hours of Serdar Mohammed (SM), who was captured by UK armed forces in Afghanistan in 2010, was unlawful and that, under Article 5 of the European Convention on Human Rights (the Convention), the UK Government is liable to compensate him. The Court reasoned that, although the original arrest and ninety-six-hour detention of SM was lawful under authorizations given to the International Security Assistance Force (ISAF) by United Nations...
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 May 2, 2014, the Constitutional Court of Colombia ruled (Spanish only) that the Territorial and Maritime Dispute (Nicaragua v. Colombia) judgment by the International Court of Justice (ICJ) could not take effect without a treaty between Colombia and Nicaragua. According to a news article, in the judgment, rendered in November 2012, the ICJ “reduced the area of ocean that belonged to Colombia around its cluster of Caribbean islands, determining that a section of their maritime shelf belonged to Nicaragua.” According to the article, the Constitutional Court’s ruling “upholds the...
On May 1, 2014, the International Criminal Court (ICC) dismissed a communication seeking jurisdiction with respect to alleged crimes committed on Egyptian territory since June 1, 2013. According to the press release from the Office of the Prosecutor, the communication was lodged by “lawyers acting on behalf of, amongst others, the Freedom and Justice Party” on December 13, 2013 and “purported to be signed on behalf of the Government of Egypt.” The Prosecutor “determined that the purported declaration . . . was not submitted, as a matter of international law, by any person with the...
On April 30, 2014, the European Union signed the Marrakesh Treaty. According to the press release, the treaty “facilitates access to published works for persons who are blind, visually impaired, or otherwise print disabled.” Since the treaty was negotiated in June 2013, fifty-one states, including four EU member states, have signed the Treaty.
On April 23, 2014, the U.N. Secretary-General confirmed receipt of Tunisia’s notification of withdrawal of its declaration and reservations with regard to the Convention on the Elimination of All Forms of Discrimination against Women. The Tunisian government stipulated in the letter “that it shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of chapter I of the Tunisian Constitution.” Tunisia ratified the Convention on September 20, 1985.
On April 28, 2014, thirty-five international lawyers and legal experts signed an open letter to the U.N. on humanitarian aid to Syria. The letter states “that there is no legal barrier to the UN directly undertaking cross-border humanitarian operations and supporting NGOs to undertake them as well.” The letter also maintains that, despite Security Council Resolution 2139 (2014), demanding humanitarian access across conflict lines and borders, Syria’s government has refused consent to cross-border aid, “causing millions to suffer.” According to a news article, on April 29, 2014, the U.N. “...
On April 27, 2014, the Joint Mission of the Organization for the Prohibition of Chemical Weapons and the United Nations (Joint Mission) called on the removal of remaining chemical weapons in Syria. According to a U.N. news report, as the June 30, 2014 deadline approaches, almost “eight percent of Syria’s declared chemical weapons material remains on its territory.” The Joint Mission stated that the remaining material should be “removed in the shortest possible timeframe, despite the difficult security situation.”
On April 25, 2014, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) found, in two separate decisions, that Khieu Samphan and Nuon Chea are fit to stand trial in Case 002/02. According to the press release, the ECCC “concluded that it was satisfied that neither of the two accused is suffering from any mental or physical impairment which would make them unable to participate meaningfully in the proceedings of Case 002/02.” Khieu Samphan and Nuon Chea, both former Khmer Rouge leaders, are charged with crimes against humanity, grave breaches of the Geneva...
On April 25, 2014, the Prosecutor of the International Criminal Court (the Court), Fatou Bensouda, opened a preliminary examination of the situation in Ukraine. According to the press release, on April 17, 2014, Ukraine lodged a declaration under Article 12(3) of the Rome Statute accepting the Court’s jurisdiction over alleged crimes committed on its territory from November 21, 2013, to February 22, 2014. The Prosecutor opened the preliminary examination as a “matter of policy” following receipt of Ukraine’s declaration. The Prosecutor must now consider “whether the Rome Statute criteria...
On April 24, 2014, the Special Tribunal for Lebanon (the Tribunal) issued an order lifting confidentiality on a decision of January 31, 2014 which directed that two journalists and two media organizations be charged with contempt of court and obstruction of justice in relation to the Prosecutor v. Ayyash et al. case under Rule 60 bis (A) of the Tribunal’s Rules of Procedure and Evidence. According to the press release, “[t]he charges follow an investigation into three events by an amicus curiae . . . who was appointed by the Registrar on the request of the Contempt Judge.” The...