On July 14, 2016, the Office of the United Nations High Commissioner for Human Rights (OHCHR) released a report describing pervasive arbitrary deprivation of life in Ukraine between January 2014 and May 2016 and noting that “impunity for killings remains rampant.” The UN Human Rights Monitoring Mission in Ukraine (HRMMU) prepared the report, which is based on interviews with witnesses and relatives of victims, forensic reports, criminal investigation materials, and court documents, among other sources. The report first takes note of a large number of deaths during mass assemblies,...
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.
Permanent Court of Arbitration Rejects China’s Sovereignty Claims in South China Sea (July 12, 2016)
On July 12, 2016, an Arbitral Tribunal at the Permanent Court of Arbitration issued an award in the South China Sea Arbitration (Philippines v. China), wherein it unanimously rejected many of China’s sovereignty claims in the South China Sea. The law governing the dispute is found in the 1982 United Nations Convention on the Law of the Sea, a treaty that both parties have ratified. The Philippines instituted the proceedings under Annex VII of the Convention. According to the press release, the Tribunal made clear that “it does not rule on any question of sovereignty over land territory and...
On July 11, 2016, the International Criminal Court (ICC) held that Uganda and Djibouti failed to comply with a request for the arrest and surrender of Sudanese President Omar Hassan Ahmad Al Bashir to the ICC. In separate decisions, the court found that Uganda and Djibouti failed to arrest and surrender Al Bashir when he visited their respective territories to attend inauguration ceremonies in May 2016. Pursuant to Article 87 of the Rome Statute, the Court referred the matter to the Assembly of States Parties to the Rome Statute and to the UN Security Council to take appropriate measures....
On July 8, 2016, an arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) issued an award finding Uruguay had not violated the Switzerland-Uruguay bilateral investment treaty (BIT) by enacting tobacco-control measures designed to protect public health. According to a news report, tobacco company Philip Morris International initiated the arbitration, “seeking compensation for economic damages caused by the nation's anti-tobacco measures,” which included a ban on smoking in public places, raising taxes on tobacco products,...
On July 7, 2016, the Court of Justice of the European Union ruled in Genentech Inc. v. Hoechst GmbH that the beneficiary of a patent license must pay the agreed royalty even if it does not infringe the patented technology. According to the press release, Behringwerke, a German company, granted Genentech a “worldwide non-exclusive licence to use a patented human cytomegalovirus enhancer.” Genentech subsequently used the enhancer in a manner that did not infringe the licensed patents and refused to pay royalties on that basis. The Court ruled “that EU competition law does not...
On June 30, 2016, the Appeals Chamber for the International Criminal Tribunal for the former Yugoslavia confirmed the convictions of Mićo Stanišić, former Minister of the Interior of Republika Srpska, and Stojan Župljanin, former Chief of the Regional Security Services Centre of Banja Luka, for war crimes and crimes against humanity committed in Bosnia and Herzegovina in 1992. According to the press release, both appellants had argued that their right to a fair trial had been violated by the participation of Judge Frederik Harhoff in the proceedings. The Appeals Chamber disagreed, ruling...
On June 29, 2016, in R (on the application of Bancoult (No 2)) v. Secretary of State for Foreign and Commonwealth Affairs, the U.K. Supreme Court dismissed a challenge brought by Chagos Islanders against the House of Lords decision from 2008 regarding their expulsion from their homes in the British Indian Ocean Territories (BIOT). According to the press release, the U.K. granted the U.S. permission to build a military base on the largest of the Chagos Islands, Diego Garcia, in 1966, and issued an ordinance that made it unlawful for the islanders to remain on Diego Garcia. They...
On June 25, 2016, the Russian Federation and the People's Republic of China issued a joint declaration on the promotion of international law. According to an analysis of the declaration, it “represents a defensive political document,” which counters the criticism that both countries have ignored and violated international law in recent years, some of which has centered around Russia’s annexation of the Crimean Peninsula and China’s territorial ambitions in the South China Sea. The declaration describes the two countries’ understanding of the global legal order and addresses issues such as...
On July 1, 2016, the U.S. government released two documents on civilian causalities resulting from U.S. counterterrorism strikes abroad. The first is an Executive Order issued by President Barack Obama entitled, “United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force.” The order calls upon U.S. government agencies to train personnel, develop systems, take precautions, and undertake assessments to protect civilians. Agencies are also ordered to investigate and review all incidents involving civilian casualties,...
On June 30, 2016, the United Nations Human Rights Council adopted a resolution on “Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity.” The resolution appoints for a three-year term an Independent Expert tasked with raising awareness, assessing best practices and gaps in existing policies, and supporting national efforts against violence and discrimination based on sexual orientation and gender identity. Chile, Uruguay, and Brazil jointly introduced the resolution and referenced the UN High Commissioner for Human Rights’ May 4, 2015, report on...