On December 5, 2016, the White House released a Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force, laying out the domestic and international legal bases for the United States’ use of force throughout the world. As stated in the forward written by President Obama, the report describes “how [the] Administration has ensured that [its] uses of force overseas are supported by a solid domestic law framework and consistent with an international legal framework predicated on the concepts of sovereignty and self-defense embedded in the United Nations Charter...
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 December 1, 2016, the U.S. Senate voted unanimously to extend economic sanctions against companies doing business with Iran for ten years. The House voted affirmatively on the sanctions earlier this year with only one vote against and nineteen abstentions. According to reports, President Obama plans to sign the legislation as it will not impact the Iran Deal, though he does not deem the extension necessary. The sanctions have been in place since 1996. Supreme Leader Ayatollah Khamenei of Iran, however, considers the extension a breach of the agreement and stated that “the Islamic...
On November 30, 2016, the United Nations Security Council passed a resolution authorizing new sanctions against North Korea in response to the state’s recent nuclear test on September 19, 2016. The resolution describes the test as a violation of numerous Security Council resolutions and a challenge to the Treaty on Non-Proliferation of Nuclear Weapons as well as other international efforts to stem the tide of nuclear proliferation. According to reports, the new sanctions include an annual cap on North Korean coal exports, a prohibition on North Korean exports of certain metals, a freeze on...
On November 23, 2016, the Supreme Court Chamber of the Extraordinary Chambers of the Courts of Cambodia upheld a ruling of life in prison for two top Khmer Rouge leaders that was on appeal. According to the press release, the Court “upheld Nuon Chea’s and Khieu Samphan’ s convictions for crimes against humanity of murder, persecution on political grounds and other inhumane acts in relation to the evacuation of Phnom Penh immediately after the fall of the city on 17 April 1975.” The Court also “reversed the convictions entered by the Trial Chamber for the crime against humanity of...
On November 18, 2016, the United Nations Security Council issued a resolution reaffirming “its determination to take effective steps to further enhance the relationship between the UN and regional organizations, in particular the African Union.” In the resolution, the Council noted the need for further financial backing support for the African Union from the United Nations. The resolution follows a report by the office of the Secretary-General on strengthening the cooperation between the United Nations and the African Union.
On November 18, 2016, the Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, launched her office’s “Policy on Children” to “assist the Office of the Prosecutor . . . in its efforts to robustly address [crimes against children] in accordance with the Rome Statute.” According to the press release, the policy will “guide the Office in its efforts to hold accountable perpetrators of international crimes against children, bearing in mind their rights and best interests.” The policy was also created through “extensive expert consultations and informed by the insights of...
On November 17, 2016, the United Nations Security Council issued a resolution renewing the mandate of the Joint Investigative Mechanism in regards to the use of chemical weapons in Syria. The Council also reiterated its decision that Syria should not be allowed to “use, develop produce, otherwise acquire, stockpile or retain chemical weapons, or, transfer, directly or indirectly, chemical weapons to other States or non-State actors.” News reports indicate that both the Syrian government and the Islamic State have used chemical weapons in combat and on civilians. The Mechanism was...
On November 15, 2016, the U.K. Parliament passed the Investigatory Powers Bill, a controversial piece of legislation that allows authorities to access communications data without judicial approval except in the case of uncovering a press source. According to reports, the legislation also allows authorities to seek communications data or equipment interference in bulk by applying for a warrant. The bill has received muted criticism for increasing the government’s surveillance capabilities to new heights.
On November 15, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution expressing alarm at the escalation of ethnic violence in South Sudan. According to the press release, the Council urged the parties to cease all hostilities and avoid escalating the conflict in the impending dry season, emphasizing that there is no military solution to the conflict. Additionally, “[t]he members of the Security Council signalled their readiness to consider taking additional measures in order to prevent a further escalation of violence and conflict,...
On November 12, 2016, the Colombian government reached a new peace deal with the Revolutionary Armed Forces of Colombia (FARC). According to reports, the new agreement modifies the former deal, which was rejected by voters in a nation-wide plebiscite in August. The new pact includes provisions “for FARC fighters to face jail and community service, for the FARC to turn over financial information, and for investigations of crimes to be commenced within the narrower window of [sic] next two years.” It is not yet clear if the new agreement will also face a referendum. The government and the...