On December 2, 2014, the Court of Justice of the European Union (the Court) issued an advisory opinion clarifying guidelines for national authorities when determining whether an asylum seeker who claims persecution for homosexuality is indeed homosexual. According to the press release, the national authorities must take individual circumstances into account and may not assess individuals “on the basis solely of stereotyped notions associated with homosexuals.” The Court decided that physical tests to determine homosexuality do “not necessarily have probative value [and] such evidence...
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, 2014, the Appeals Chamber of the International Criminal Court (the Court) affirmed the Trial Chamber’s decision in Prosecutor v. Thomas Lubanga Dyilo to convict Mr. Lubanga of the “enlistment, conscription, and use in hostilities of children under the age of fifteen” as well as his fourteen-year sentence. According to the press release, Mr. Lubanga appealed on the grounds that “the proceedings were unfair” and that he was not personally responsible for the individual criminal acts of which he was convicted. The Court affirmed “the Trial Chamber's approach that a...
On November 28, 2014, the East African Court of Justice (the Court) ruled that Burundi violated Article 80 of the Constitution of Burundi (non-interference of public powers in politics) and Articles 6 and 7 of the Treaty for the Establishment of the East African Community (functional and operational powers of the Community) when it did not allow the UPRONA party’s Executive Committee to hold a meeting. According to the press release, UPRONA is the “principal opposition party in Burundi preparing to challenge the ruling party during the forthcoming general election in May 2015.” According...
On November 28, 2014, the UN Committee Against Torture (the Committee) released its observations on the U.S. periodic report to the Committee. The Committee commended the U.S. on several aspects of the report, including “the efforts of the State party to amend its policies, programmes and administrative measures to give effect to the Convention [Against Torture and] the Promulgation of the National Standards to Prevent, Detect, and Respond to Sexual Abuse in Confinement Facilities.” However, the Committee also criticized several state practices, including the continued operation and...
On November 27, 2014, the United Nations Conference on Trade and Development (UNCTAD) released a report, “The Least Developed Countries Report 2014: Growth with Structural Transformation,” about the progress of the forty-eight least-developed countries (LDCs) towards the Millennium Development Goals (MGDs). According to the press release, only the Lao People’s Democratic Republic “is on track to achieve all seven of the MDG targets analyzed in the report, and only four [LDCs in Africa] are on track to meet even a majority of these targets.” With the goal of eradicating poverty worldwide...
On November 27, 2014, the Inter-American Commission on Human Rights (the Commission) released a report, “The Right to Truth in the Americas,” about the importance of disseminating information on human rights abuses, particularly forced disappearances, during conflict. According to the press release, restriction of information during periods of dictatorship or violence has been a popular method of controlling populations, and “the report examines States’ obligations with regard to the goal of guaranteeing the right to the truth in the face of grave human rights violations.” As forced...
On November 25, 2014, the General Court of the Court of Justice of the European Union (the Court) ruled in Safa Nicu Sepahan v. Council that the applicant, an Iranian company, may receive damages from the Council of the European Union (the Council) for sanctioning the applicant without proper evidence. This case is the first in which the Court awarded monetary damages for the improper inclusion of a company on a sanctions list. According to a blog post, the Court “annulled the [applicant’s] designation on the grounds that the Council had ‘manifestly erred’ in including the...
On November 26, 2014, the UN General Assembly (the Assembly) adopted six resolutions regarding the question of Palestine and possible solutions and steps forward for the situation in the Middle East. According to the press release, four of the resolutions related to the Palestinian people’s inalienable rights, the mandate of the Division for Palestinian Rights of the Secretariat, the Department of Public Information of the Secretariat special programme on the question of Palestine, and the peaceful settlement of the issue, including Israel’s occupation of the West Bank and its continued...
On November 20, 2014, the UN Security Council (the Council) adopted Resolution 2185, calling for the integration of police forces and policing in peacekeeping operations in its first stand-alone resolution on the topic. According to the press release, because of the increased need for a police presence in many conflict and post-conflict situations, the Council requested “host-State efforts to professionalize the law enforcement sector and . . . ensure that international policing support to those efforts [are] well coordinated with plans nationally agreed upon through inclusive processes...
On November 20, 2014, the European Court of Human Rights (the Court) ruled in Jaloud v. the Netherlands that the Netherlands violated the European Convention of Human Rights (the Convention) by failing to properly investigate Mr. Jaloud’s shooting by a member of the Dutch military in Iraq. According to the press release, the Netherlands violated Article 2 (right to life – procedural obligations) by failing to address “certain aspects . . . of the proportionality of the force used” along with not taking “appropriate steps . . . to reduce the risk of [the shooter] colluding with...