On September 28, 2015, a German court sentenced two Rwandan rebel leaders for their roles during the internal conflict in the Democratic Republic of Congo in 2008 and 2009. According to a news report, the two men were charged with planning attacks and controlling the militias committing mass murder, rape and lootings from Germany using satellite phones, SMS messages and emails. The case was the first time German Courts exercised jurisdiction under the German Code of Crimes against International Law, which allows prosecutors to investigate and bring actions for war crimes “even when the...
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 September 24, 2015, the General Court (Court) of the European Union annulled (judgment not available in English) three open competition notices which required the applicants to choose between English, French, or German as their second language and the language of communications with the European Personnel Selection Office (EPSO). According to the press release, the notices justified the language criteria by pointing to the interests of the service in finding candidates who were immediately operational in their jobs to maintain the efficient functioning of the service. Spain and Italy...
On September 23, 2015, a U.S. Court of Appeals (Court) upheld a decision in Harrison v. Republic of Sudan by the lower court ordering three banks to release Sudanese funds in satisfaction of a default judgment against Sudan. The case arose out of the al Qaeda bombing of the USS Cole in the Yemeni port of Aden during a refueling stop in 2000. Fifteen of the injured sailors and three spouses initiated litigation in the United States under 28 U.S.C. § 1605A, the terrorism exception to the Foreign Sovereign Immunities Act (FSIA), arguing that while al Qaeda was responsible for the...
On September 18, 2015, the Special Tribunal for Lebanon issued a contempt judgment in the case against Al Jadeed Co. and Ms. Karma al Khayat. The case concerned a series of TV episodes broadcast by Al Jadeed TV and published on its website, which purported to reveal the identities of confidential witnesses before the Tribunal. Judge Lettieri pointed out that this case was the first time “in the history of international criminal justice in which a legal person is accused of a crime.” Both defendants had been charged with “knowingly and wilfully interfering with the administration of...
On September 1, 2015, the Inter-American Court of Human Rights (Court) issued its decision (available only in Spanish) in Gonzales Lluy v. Ecuador, finding the Ecuador responsible for violations of the human rights of Talia Lluy, a child infected with HIV after a blood transfusion. Lluy had received blood from the Ecuadorian Red Cross’s blood bank, which led to infection with HIV and resulting damage to her health. The Court ruled that the failure of proper testing by the blood bank was attributable to the state of Ecuador, as the state has an obligation to supervise and monitor...
On September 16, 2015, the Court of Justice of the European Union (Court) ruled that Slovakia had not failed to meet its obligations under EU law by limiting certain types of disability benefits and Christmas bonuses to low-income Slovak residents. The European Commission had alleged that the limitation of these benefits based on residency was a violation of EU Law, in particular the Regulation on the coordination of social security systems in the Member States of the EU (Regulation), which prohibits discrimination on the base of residency against the recipients of cash benefits such as...
On September 8, 2015, the Court of Justice of the European Union (Court) ruled that it is lawful for the United Kingdom and Ireland to participate in the Schengen acquis in a limited manner. According to Articles 4 and 5 of the Schengen Protocol (Protocol), the U.K. and Ireland can request to participate in measures developing the Schengen acquis, subject to approval by the Council. Neither country had exercised its option to participate in provisions on external border crossings. Spain initiated the proceedings before the Court to annul Article 19 of the Eurosur...
On September 17, 2015, the European Court of Justice (Court) decided Commission v. Italy and ordered Italy to pay a fine for its delay in recovering state aid incompatible with the common market. In 1999, the Commission initiated proceedings against Italy for granting reductions in and relief from social security contributions to firms, which it argued amounted to impermissible state aid. After having unsuccessfully ordered Italy to recover the aid, the Commission began legal action against Italy for failure to comply with its decision, which led to a 2011 judgment by the Court...
On September 16, 2015, the U.S. Court of Appeals for the Second Circuit (Court) overruled a lower court’s class definition in a class action suit brought by bondholders against Argentina. The case arose out of litigation by bondholders seeking repayment after Argentina’s default on its sovereign debt in 2001. The lower court’s decision in this instance had “simply [modified] the class definition by removing the continuous holder requirement and expanding the class to all holders of beneficial interests in the relevant bond series without limitation as to time held.” The Court stated that...
On September 15, 2015, a court in Toulouse, France turned down an extradition request for Joseph Habyarimana, a Rwandan who is charged with genocide and crimes against humanity. Mr. Habyarimana is accused of identifying monks of the Tutsi ethnic group to their killers. According to a news report, the court denied the request, arguing that the actions were not considered crimes at the time of their commission and holding that laws cannot be applied retroactively. The President of CPCR, a group of Rwandan plaintiffs, expressed dismay at the ruling saying, “France never reacts positively to...