On December 31, 2015, the International Criminal Tribunal for Rwanda (ICTR) formally closed after twenty-one years and forty-five judgments delivered in an effort to hold those accountable for the genocide in Rwanda of more than 800,000 people. According to a news report, the Security Council, which had initiated the tribunal in 1994, issued a statement reaffirming its “strong commitment to justice and the fight against impunity.” The ICTR was the first international tribunal to adjudicate the crime of genocide, sentencing “61 people to terms of up to life imprisonment for their roles in...
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 31, 2015, Russian President Vladimir Putin signed a law suspending Russia’s free trade agreement with Ukraine starting January 1, 2016. According to a news report, this move had been foreshadowed after negotiations between Russia, the EU, and Ukraine ended with no results earlier in December. At that time, Russian Trade and Economic Development Minister Alexei Ulyukayev noted that “[i]t’s a very probable scenario that there won’t be an agreement before 1 January and the non-preferential trade regime will be introduced,” adding that “extraordinary efforts” are required to reach...
On December 28, 2015, Japan and South Korea concluded an agreement to resolve the dispute about “comfort women”—Korean women forced into sexual servitude for Japanese soldiers during World War II. According to a news report, the agreement includes an official apology by Japan and the payment of $8.3 million, coming directly from the Japanese government, to a foundation set up by the South Korean government to provide medical, nursing, and other services to the victims. In a press statement, the UN Secretary-General welcomed the agreement, expressing hope “that the agreement will...
On December 22, 2015, the European Court of Human Rights (Court) ruled (judgment only available in French) that implementing a mutual assistance agreement in tax matters between Switzerland and the United States did not breach the European Convention on Human Rights (Convention). According to the press release, “the case concerned the transmission to the US tax authorities of the applicant’s bank account details in connection with an administrative cooperation agreement between Switzerland and the USA.” In 2008, U.S. tax authorities discovered that Swiss bank UBS had thousands of bank...
On December 17, 2015, the United Nations Security Council passed a resolution imposing sanctions on ISIL. The sanctions include an asset freeze, travel ban, and arms embargo, as well as criteria to determine what “acts or activities indicat[e] that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida” and should thus be included on the sanctions list. The Council addressed the “insufficient level of reporting” by member states, expressed concern about the “lack of implementation” of previous counter-terrorism measures, and reiterated the member state’s obligation...
On December 14, 2015, the Appeals Chamber of the International Criminal Tribunal for Rwanda (Appeals Chamber) delivered its judgment on several appeals cases, and thereby concluded the Tribunal’s judicial activity. According to the press release, one of the appellants’ arguments was that “their proceedings were unduly delayed [and] . . . that they suffered prejudice as a result.” The Appeals Chamber noted that “the right to be tried without undue delay is enshrined in Article 20(4)(c) of the Statute” and is “determined on a case-by-case basis. A number of factors are relevant to this...
On December 18, 2015, the Inter-American Court of Human Rights (Court) published its decision (judgment only available in Spanish) in Paiz v. Guatemala, ruling that Guatemala has not taken sufficient measures to combat the increasing problem of violence against women. According to the press release (only available in Spanish), the case arose out of the sexual abuse and murder of Claudina Isabel Velásquez Paiz in 2003, which has not been solved yet. The Court reaffirmed its jurisprudence that a state is not responsible for every human rights violation committed by individuals...
On December 18, 2015, the Inter-American Court of Human Rights (Court) published its decision (judgment only available in Spanish) in Ruano Torres v. El Salvador, ruling that El Salvador had violated the American Convention on Human Rights (Convention) in the trial of José Agapito Ruano Torres for kidnapping. There had been serious doubt throughout the criminal proceedings whether Torres was in fact the person with the alias “El Chopo,” who had allegedly participated in the commission of the crime. According to the press release (only available in Spanish) the Court found that the...
On December 18, 2015, the United Nations Security Council adopted a resolution focused on a political solution to the ongoing crisis in Syria. According to a UN news report, the resolution shapes a more active role for the UN as the forum for talks between the opposing sides regarding a political transition and sets out a timetable for a ceasefire and elections. The political process under UN auspices calls for the establishment of “credible, inclusive and non-sectarian governance” within six months and the drafting of a new constitution and holding of free elections within eighteen months...
On December 17, 2015, a tribunal at the Permanent Court of Arbitration dismissed the case of Phillip Morris against Australia, which had arisen under the bilateral investment treaty (BIT) of Australia and Hong Kong. Philip Morris challenged the Australian plain packaging law for cigarettes, which is intended to aid the government’s anti-smoking campaign. Philip Morris argued that this restriction of the use of its trademark was a violation of the BIT. According to a news report, the tribunal reached its decision on procedural grounds in bifurcated proceedings. The award is not yet public...