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 Issues Judgment in Katyń Massacre Case (October 21, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for Judgment (approximately 63 pages); click here for press release (approximately 5 pages)

The Grand Chamber of the European Court of Human Rights ruled in the Janoweic and Others v. Russia case brought by relatives of victims the Katyń massacre—the killing of more than 20,000 prisoners of war in the wake of the Red Army’s invasion of Poland in 1939—who argued that Russia had not carried out an effective investigation into their relatives’ deaths while displaying a dismissive attitude towards their requests for information.  The Court first found that it was not...

Grand Chamber of the European Court of Human Rights Issues Judgment in Spanish Detention Case (October 21, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for Grand Chamber Judgment (approximately 47 pages); click here for press release (approximately 5 pages)

On October 21, 2013, the Grand Chamber of the European Court of Human Rights ruled in the case of Del Río Prada v. Spain that Spain violated Article 7 (no punishment without law) and Article 5 § 1 (no unlawful detention) of the European Convention on Human Rights.  According to the press release, Ms. Inés del Río Prada, who was convicted of perpetrating multiple terrorist attacks between 1982 and 1987, had complained that a new sentencing approach adopted by...

The Netherlands Submits Request to the International Tribunal for the Law of the Sea for the Prescription of Provisional Measures Pending Constitution of Arbitral Tribunal (October 21, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for request (approximately 130 pages); Click here for press release (approximately 2 pages)

The Netherlands, on October 21, 2013, submitted to the International Tribunal for the Law of the Sea a request for the prescription of provisional measures pending the constitution of an arbitral tribunal in a dispute with the Russian Federation.  According to the press release, the Netherlands has instituted arbitral proceedings against Russia under Annex VII of the United Nations Convention on the Law of the Sea, contending that the Artic Sunrise, a Greenpeace...

Appeals Chamber of the International Criminal Court Rules on Presence of Accused at Trial in Ruto Case (October 25, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for Judgment (approximately 27 pages); click here for press release (approximately 3 pages)

On October 25, 2013, in the Prosecutor v. William Samoei Ruto and Joshua Arap Sang case, the Appeals Chamber of the International Criminal Court ruled that, according to the press release, “the absence of an accused person from trial is permissible under exceptional circumstances if the accused has explicitly waived his right to be present at trial.”  The Trial Chamber thus unanimously reversed the decision of Trial Chamber V(a), conditionally granting William Samoei Ruto’...

African Union Adopts Resolution Regarding the International Criminal Court (October 12, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for news report (approximately 2 pages); click here for resolution (approximately 3 pages)

In an extraordinary session of the Assembly of the African Union (AU) on October 12, 2013, leaders passed a resolution regarding Africa’s relationship with the International Criminal Court. While reiterating the AU’s commitment to fight impunity, the Assembly resolved that sitting African heads of state shall not appear before any international court during their term of office. The ICC is currently pursuing cases against Kenyan President Uhuru Kenyatta and Deputy President William...

European Court of Justice Rules on Jurisdiction Regulation in Pinckney v. KDG Mediatech AG (October 3, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for Judgment (approximately 5 pages); click here for press release (approximately 2 pages)

The European Court of Justice (ECJ), on October 3, 2013, issued a judgment in the Pinckney v. KDG Mediatech AG case.  The ECJ has qualified a general rule that courts have jurisdiction to hear a dispute either in the Member State where the defendant is domiciled or the Member State where the alleged harmful event occurred.  Mr. Pinckney, a resident of France, discovered that an Austrian company, without his authority, had reproduced songs from his album and that companies...

Haiti Cholera Victims File Lawsuit against the United Nations in US Federal District Court (October 9, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for news story (approximately 2 pages); click here for complaint (approximately 67 pages)

Advocates for victims of the 2010 Haitian cholera outbreak have initiated class-action litigation against the United Nations, claiming that the organization is responsible for the epidemic that has killed over 8,300 and sickened over 650,000 Haitians. A complaint filed in the U.S. District Court for the Southern District of New York by lawyers from the Institute for Justice and Democracy in Haiti alleges that the “reckless, negligent, and tortious behavior” of the UN contributed...

European Court of Human Rights Issues Judgment in Delfi v. Estonia (October 10, 2013)
| By: Kathleen A. Doty : October 26, 2013 |

Click here for Judgment (approximately 25 pages); click here for press release (approximately 3 pages)

A Chamber of the European Court of Human Rights ruled in Delfi AS v. Estonia on October 10, 2013, that holding an Estonian Internet news portal liable for offensive comments posted by a reader did not violate the right to freedom of expression pursuant to Article 10 of the European Convention on Human Rights.  According to the press release, the Court held that the finding of liability was “a justified and proportionate restriction on the portal’s right to freedom of...

The European Union and Canada Strike Free Trade Deal (October 18, 2013)
| By: Kathleen A. Doty : October 19, 2013 |

Click here for fact sheet (approximately 3 pages); click here for press release (approximately 2 pages)

On October 18, 2013, The European Union (EU) and Canada concluded a political agreement on the key elements of the Comprehensive Economic and Trade Agreement (CETA). According to the press release, CETA will bring “almost all tariffs to zero, . . . liberalise trade in services, in particular financial services, telecommunications, energy and transport. For the first time ever, all Canadian levels of government will open up their public procurement markets to European suppliers....

International Criminal Court Pre-Trial Chamber Finds Case Against Al-Senussi Inadmissible (October 11, 2013)
| By: Kathleen A. Doty : October 15, 2013 |

Click here for decision (approximately 152 pages); click here for press release (approximately 3 pages)

Pre-Trial Chamber I of the International Criminal Court has held that the case against Abdullah Al-Senussi is inadmissible.  The Court ruled that the same case “is currently subject to domestic proceedings being conducted by the competent authorities of Libya—which has jurisdiction over the case—and that Libya is not unwilling or unable genuinely to carry out its proceedings in relation to the case against Mr Al-Senussi.”  The Chamber noted that if the Prosecutor is “fully...

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