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.
Afr. Ct. H.P.R. Decides Whether Withdrawal of Declaration Constitutes a Human Rights Violation
| By: Şeymanur Yönt : December 09, 2021 |

On December 2, 2021, the African Court on Human and Peoples’ Rights (Court), in the case of Hossou v. Benin, ruled on whether the withdrawal by Benin of its Declaration accepting the jurisdiction of the Court to receive applications from individuals and NGOs was a violation of the applicants’ rights, and whether such actions violated the provisions of the African Charter on Human and Peoples’ Rights and other human rights instruments. According to a Court press release, the Court upheld the objection of Benin on the Court’s material jurisdiction.

Benin argued that a state...

ICJ Indicates Provisional Measures in Armenia and Azerbaijan Cases
| By: Şeymanur Yönt : December 09, 2021 |

On December 7, 2021, the International Court of Justice (ICJ) ordered provisional measures in the Armenia v. Azerbaijan and Azerbaijan v. Armenia cases. Armenia had requested the Court to adjudicate and declare the Azerbaijan violated the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and that, as a consequence, Azerbaijan should cease its wrongful activity, comply with CERD, make reparations for resulting harms, apologize to Armenia, and offer assurance of no further violations. Armenia made similar requests and also alleged that Armenia had “...

Presidential Commission on SCOTUS Submits Final Report
| By: Şeymanur Yönt : December 08, 2021 |

On December 7, 2021, the Presidential Commission on the Supreme Court of the United States (Commission) submitted its final report to President Biden. The Commission is comprised of a bipartisan group of experts whose task is to provide an analysis of the arguments for and against the Supreme Court of the United States (SCOTUS) reform. The Commission, in its final report, explains the history of the reform debate, “examines proposals to expand or otherwise alter the current structure” of the Court, and assesses proposals for introducing non-renewable term limits for SCOTUS justices. The...

UN Condemns Sentencing of Former Myanmar Leader Aung San Suu Kyi
| By: Şeymanur Yönt : December 07, 2021 |

On December 6, 2021, a Myanmar Court sentenced Aung San Suu Kyi to four years in prison (reduced to two years by junta chief Min Aung Hlaing). According to a UN press release, the court found Suu Kyi guilty of inciting dissent and breaking COVID-19 rules. The court also sentenced former Myanmar president Win Myint to imprisonment for the same charges.

UN High Commissioner for Human Rights Michelle Bachelet deplored the conviction and sentencing of Suu Kyi and requested her release. Bachelet said that the trial is politically motivated, with the military attempting to remove...

UN Investigative Team Presents Report on ISIL Activities in Iraq
| By: Şeymanur Yönt : December 07, 2021 |

On December 2, 2021, the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh / Islamic State in Iraq and the Levant (UNITAD) presented its seventh report on ISIL’s activities in Iraq. According to a UN press release, UNITAD collected evidence on the executions carried out by ISIL at Badush Central Prison in 2014. UNITAD concluded that “crimes committed by ISIL members at Badush Central Prison constitute” crimes against humanity and war crimes.

UNITAD also focused on “the development and use of chemical and biological weapons by ISIL, and the...

CoE Publishes Latest Decisions on Implementation of ECtHR Judgments
| By: Şeymanur Yönt : December 03, 2021 |

On December 3, 2021, the Committee of Ministers of the Council of Europe (CoE), which oversees the execution of European Court of Human Rights (ECtHR) judgments, published several decisions on the implementation of judgments and decisions from the ECtHR. According to a CoE press release, the Committee adopted forty-four decisions; five Interim Resolutions, which aim to overcome “more complex situations requiring special attention”; and thirty Final Resolutions, which close the supervision of the execution of certain judgements. In relation to the Selahattin Demirtaş v. Turkey (no. 2)...

Biden Administration Releases the U.S. Space Priorities Framework
| By: Şeymanur Yönt : December 02, 2021 |

On December 2, 2021, Biden-Harris administration released the United States Space Priorities Framework (Framework). Vice President Kamala Harris announced the release of the Framework, stating that it will be used to guide and implement the U.S. national space policy and strategy. The Framework, by stating that access to and use of space is a vital national interest, regarded space as a source of American innovation and opportunity, and a source of American leadership and strength. According to the Framework, U.S. space policy priorities include “maintaining a robust and responsible U.S....

German Court Sentences Iraqi Jihadist for Yazidi Genocide
| By: Şeymanur Yönt : December 02, 2021 |

On November 30, 2021, the 5th Senate (State Security [Staatsschutzsenat]) of the Higher Regional Court Frankfurt/Main (Oberlandesgericht Frankfurt am Main) sentenced an Iraqi man, Taha Al-Jumailly who is an ISIS member, to life imprisonment for “genocide and other criminal offences.” According to a press release from the Court, the Court found Taha Al-Jumailly “guilty of genocide in combination with a crime against humanity resulting in death, a war crime against persons resulting in death, aiding and abetting a war crime against persons.” The Court stated that the ISIS carried...

Argentine Court to Hear the Case Against Myanmar Military
| By: Şeymanur Yönt : November 30, 2021 |

On November 26, 2021, the Second Chamber of the Federal Criminal Court in Buenos Aires confirmed that, under the principle of universal jurisdiction, it would launch a genocide case against senior Myanmar officials for the Myanmar military’s treatment of the Rohingya. Read more about the case in the FT (subscription required) or in a press release by the Burmese Rohingya Organisation UK (BROUK)

UNESCO Adopts Draft Recommendation on the Ethics of AI
| By: Şeymanur Yönt : November 30, 2021 |

On November 25, 2021, UNESCO member states adopted a first draft of a Recommendation on the Ethics of Artificial Intelligence (Recommendation) which “defines the common values and principles needed to ensure the healthy development of AI.” According to a UN press release, the Recommendation’s aim is to ensure the ethical development of artificial intelligence by “addressing issues around transparency, accountability, and privacy.”

The Recommendation states that “all actors in the AI system life cycle” should respect, protect, and promote human rights; recognize and promote...

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