On May 24, 2016, the United Nations Security Council condemned the May 23 terrorist attacks by the Islamic State of Iraq and the Levant (ISIL) in the Syrian coastal cities of Jableh and Tartous. The attacks killed or injured over 100 people. In a press statement, the Council reiterated its concern over the continued operation of ISIL, the al-Qaeda-affiliated Nusra Front, and related terrorist groups in Syria and “condemned the negative impact of their presence, violent extremist ideology and actions on the stability of Syria, neighbouring countries and the region.” Council members...
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 23, 2016, President Barack Obama announced that the U.S. will fully lift the arms embargo on Vietnam. According to this news report, this step follows the 2014 revision of the embargo, which eased restrictions and allowed Vietnam to purchase maritime surveillance and security-related equipment. While the lifting now allows Vietnam to purchase the full range of weapons, Obama stressed that the sale of arms in practice would depend on Vietnam’s human rights commitments.
On May 17, 2016, the United States Senate passed a bill allowing family members of 9/11 victims to sue Saudi Arabia for any involvement in the terror attack. According to this news report, previous attempts to hold Saudi Arabia liable through various lawsuits alleging financial support of terrorism have been unsuccessful due to laws that grant foreign nations immunity from suits in U.S. courts. The new bill creates an exception to the immunity laws if foreign states are determined to be responsible for terrorist attacks that kill American citizens on U.S. territory. The Saudi Arabian...
On May 17, 2016, the European Court of Human Rights ruled that Hungary violated the freedom of expression of members of parliament when it fined them for their conduct in parliament. According to the press release, the case concerned the fines imposed on several Hungarian members of parliament (MPs), who had protested bills by placing signs and banners near members who supported the proposed legislations and used a megaphone to present their views during the parliamentary sessions. The Court noted that while freedom of expression and parliamentary debate are “of fundamental importance in a...
On May 16, 2016, the Food and Agriculture Organization of the United Nations announced that the Port State Measures Agreement (PSMA) will enter into force on June 5, 2016, after thirty member states submitted their instruments of adherence. According to the press release, the PSMA’s will target illegal, unregulated, and unreported fishing (IUU fishing), which “is responsible for annual catches of up to 26 million tonnes, with a value of up to USD 23 billion [and] undermines efforts to ensure sustainable fisheries and responsible fish stock management around the world.” The PSMA’s main...
On May 16, 2016, the Stockholm District Court sentenced a sixty-one-year-old man to life in prison for his participation in the Rwandan genocide. According to this news report, Claver Berinkindi, a nationalized Swedish citizen, was found to have participated in five massacres in 1994, both rallying people to join in the killings and taking an active part in them himself. The case marks the first time a Swedish court has awarded damages to victims of genocide, imposing payments to fifteen people who had lost relatives due to Berinkindi’s actions. According to this news report, Sweden...
On May 13, 2016, The United Nations Committee Against Torture (CAT) released its Concluding Observations on the Fifth Periodic Report of Israel, in which it expressed concern over allegations of excessive use of force by Israeli security forces in the Palestinian territories. According to the report, the Committee is concerned with the use of administrative detention where detainees “can be held in detention without charge indefinitely on the basis of secret evidence that is not made available to the detainee or his/her lawyer.” In addition, the Committee announced that “there...
On May 13, 2016, the Supreme Court of India upheld in Subramaniam Swamy v. Union of India a set of criminal defamation laws to be constitutionally valid. Three politicians had challenged the laws, arguing that they endangered universal and constitutional free speech and free expression rights. In its judgment, the Court noted that reputation is a right protected under the Indian Constitution and that “the objective of the law of defamation, civil or criminal, is to protect the reputation and dignity of an individual against scurrilous and vicious attacks.” The Court determined...
On May 3, 2016, the United Nations Security Council adopted Resolution 2286 condemning attacks on medical facilities and personnel in situations of armed conflict. According to the press release, the resolution was co-sponsored by more than eighty UN member states and was adopted unanimously by the fifteen-member Council. The resolution demands an end to impunity for those responsible for attacks on protected medical personnel and facilities. According to reports, the resolution came in response to a number of recent attacks on medical facilities and personnel in Syria, Yemen, Afghanistan...
On May 3, 2016, the European Court of Human Rights (ECtHR) issued its ruling in Abdi Mahamud v. Malta. The Court held that Malta violated Article 3 of the European Convention on Human Rights (ECHR)—which prohibits degrading treatment—as well as provisions of the Convention’s Article 5 right to liberty and security. The compliant was based on Malta’s prolonged detention of Abdi Mahamud while she awaited decisions on her asylum application and her request for provisional release from immigration detention based on ill-health and her status as a vulnerable person. According to the...