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.
Grand Chamber of the European Court of Human Rights Upholds French Ban on Full Face Veil (July 1, 2014)
| By: Emily MacKenzie : July 03, 2014 |

On July 1, 2014, the Grand Chamber of the European Court of Human Rights (the Court) issued its judgment in S.A.S. v. France, holding that France’s 2010 law “prohibiting the concealment of

one’s face in public places” did not breach Article 8 (private and family life), Article 9 (freedom of thought, conscience and religion), or Article 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR). According to the press release, the applicant complained that the law prevented her from wearing a full-face veil in public “in accordance with her...

U.S. Ambassador Makes Statement Regarding Shift in Antipersonnel Land Mine Policy and Ultimate U.S. Accession to Mine Ban Treaty (June 27, 2014)
| By: Nicole R. Tuttle : July 03, 2014 |

On June 27, 2014, the U.S. ambassador to Mozambique made a statement regarding a shift in U.S. antipersonnel land mine policy and the prospect of U.S. accession to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Convention). According to a news article, on the last day of the Third Review Conference of the Convention, the ambassador stated that the U.S. was “diligently pursuing solutions that would be compliant with the convention and that would ultimately allow [the U.S.] to accede to the convention.” The...

Inter-American Commission on Human Rights Publishes Report on Freedom of Expression and the Internet (June 27, 2014)
| By: Nicole R. Tuttle : July 03, 2014 |

On June 27, 2014, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights published a report on freedom of expression and the internet. According to a press release, “[t]he report lays out the general principles that must serve as a guide for the protection of the right to freedom of thought and expression in the digital environment, systematizes standards on this issue, and analyzes relevant best practices and international doctrine and jurisprudence.” The report was published “[i]n light of the great challenges to full protection of...

European Court of Human Rights and EU Fundamental Rights Agency Launch Updated Guide to European Law on Asylum, Borders and Immigration (June 25, 2014)
| By: Emily MacKenzie : July 03, 2014 |

On June 25, 2014, the European Court of Human Rights and European Union Agency for Fundamental Rights launched an update to its Handbook on European Law Relating to Asylum, Borders and Immigration. According to the press release, the Handbook is “the first comprehensive guide to European law in the areas of asylum, borders and immigration, taking into account both the case-law of the [European Convention on Human Rights] and that of the Court of Justice of the European Union.” It also contains the relevant EU Regulations and Directives, as well as references to the European Social Charter...

Defense and Prosecution Discontinue Appeals Against ICC Judgment in Katanga Case (June 25, 2014)
| By: Emily MacKenzie : July 03, 2014 |

On June 25, 2014, both the Defense and the Office of the Prosecutor (OTP) in the Prosecutor v. Germain Katanga case gave notice of the discontinuance of their appeal before the Appeals Chamber of the International Criminal Court (the Court) against the judgment (French language only) rendered by Trial Chamber II on March 7, 2014 (see this previous ILIB post). According to the press release, Germain Katanga “accepted the judgment of the Court and its conclusions on its role as well as his conduct,” and also indicated that he did not intend to appeal against the sentence imposed on...

East African Court of Justice Rules in Serengeti Highway Case (June 20, 2014)
| By: Emily MacKenzie : July 03, 2014 |

On June 20, 2014, the East African Court of Justice at Arusha, First Instance Division (the Court), issued its decision in African Network for Animal Welfare v. Attorney General of the United Republic of Tanzania. The Court held that the proposal by Tanzania to build a highway across the Serengeti National Park was unlawful and issued an injunction restraining Tanzania from operationalizing the proposal. According to the press release, the Court found that the proposal infringed multiple articles of the Treaty for the Establishment of the East African Community, including Article...

African Court on Human and People’s Rights Denies Reparations in Mtikila Case (June 13, 2014)
| By: Emily MacKenzie : July 03, 2014 |

On June 13, 2014, the African Court on Human and People’s Rights (the Court) issued its ruling on reparations in Reverend Christopher Mtikila v. United Republic of Tanzania. The Court held that Reverend Mtikila was not entitled to reparations for Tanzania’s enactment of a Constitutional amendment requiring election candidates to be a member of a political party, which the Court found, in its earlier judgment of June 14, 2013, to breach Articles 2 (freedom from discrimination), 3 (equal protection), 10 (freedom of association), and 13(1) (right to participate in government) of the...

Reports Highlight Success of Mine Ban Treaty (June 23, 2014)
| By: Nicole R. Tuttle : June 27, 2014 |

On June 23, 2014, the International Campaign to Ban Landmines released a series of reports coinciding with the Third Review Conference of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction. The Treaty prohibits States Parties from using, developing, producing, acquiring, stockpiling, retaining or transferring antipersonnel mines. According to the reports, “[o]ne of the most significant achievements of the treaty has been the degree to which any use of antipersonnel mines by any actor has been stigmatized...

ICC Office of the Prosecutor Concludes No Basis for Further Investigations into Republic of Korea (June 23, 2014)
| By: Emily MacKenzie : June 27, 2014 |

On June 23, 2014, the Office of the Prosecutor (OTP) of the International Criminal Court published its Report following the conclusion of the preliminary examination into the situation in the Republic of Korea. According to the press release, the Prosecutor “determined that, at this stage, the Rome Statute requirements to seek authorization to initiate an investigation have not been satisfied.” The OTP concluded, in relation to the sinking of a South Korean warship in March 2010, that “the alleged attack was directed at a lawful military target,” and, in relation to the shelling of South...

European Court of Human Rights Denies Journalist Source Protection to Perpetrator of Bomb Attacks (June 19, 2014)
| By: Emily MacKenzie : June 27, 2014 |

On June 19, 2014, a Chamber of the European Court of Human Rights (Third Section) (the Court) declared inadmissible the application in Stichting Ostade Blade v. the Netherlands, holding that the perpetrator of a series of bomb attacks in Arnhem, who wrote to a magazine claiming responsibility for the attacks (the Letter), was not a journalistic source attracting protection under Article 10 (freedom of expression) of the European Convention on Human Rights. The magazine claimed a violation of its rights to protect its journalistic sources when, after the magazine announced that it...

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