On November 27, 2013, South Africa’s Supreme Court of Appeal held in National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre that the South African Police Service (SAPS) is empowered to investigate alleged crimes against humanity committed in Zimbabwe against Zimbabwean nationals “whether or not the alleged perpetrators are present in South Africa.” In so doing, the Court of Appeals reversed the North Gauteng High Court’s May 2012 ruling in favor of the SAPS’s decision not to investigate torture as a crime against humanity...
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 November 20, 2013, Afghanistan released a draft of the Security and Defense Cooperation Agreement between the United States of America and the Islamic Republic of Afghanistan (Agreement). If approved by Afghanistan, the agreement will govern the role of U.S. troops in Afghanistan from January 1, 2015 to 2024 and beyond, unless terminated by the parties. . As outlined in Article 2 which addresses the purpose and scope of the agreement, “the Parties shall continue to foster close cooperation to strengthen security and stability in Afghanistan,” but “[u]nless otherwise mutually agreed,...
On November 24, 2013, Iran signed a Joint Plan of Action with six nations in Geneva’s Palace of Nations that brings a freeze to Iran’s nuclear program in exchange for temporary relief on various economic sanctions. The six nations, known as PS5+1 (or E3+3), are: China, France, Germany, the Russian Federation, the United Kingdom, and the United States. The Preamble of the Joint Plan of Action states: “the goal for these negotiations is to reach a mutually-agreed long-term comprehensive solution that would ensure Iran’s nuclear program will be exclusively peaceful.” The deal is subject to...
On December 3, 2013, Transparency International released its 2013 Corruption Perceptions Index, which ranks countries and territories based on the perceived level of corruption of their public sectors. Each country or territory is given a numeric score ranging from zero to one hundred, where zero means a country is perceived as highly corrupt and one hundred means a country is perceived as very clean. The 2013 Index includes 177 countries and territories. Afghanistan, North Korea, and Somalia were ranked the most corrupt, while Finland, New Zealand, and Denmark were ranked the least. This...
On November 13, 2013, Saudi Arabia officially rejected a seat on the United Nations Security Council, following its October 18, 2013 announcement that it would do so. According to a news story, now that the seat remains vacant, the Group of Asia Pacific States, a bloc of General Assembly members, “must now choose among themselves at least one replacement candidate.” If more than one state is interested in the seat, a special election may be held. The decision by Saudi Arabia to reject the seat is “widely seen as part of a broader display of the country’s anger at the United States over...
On November 12, 2013, acting under Chapter VII, the Security Council issued Resolution 2123 in which it reaffirmed its support for the Peace Agreement and Dayton Paris Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995. The Security Council reminded the parties that pursuant to the Agreement, “they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement.” The Security Council welcomed NATO’s continued presence, and the European Union’s “intention to maintain an EU military operation (EUFOR...
On November 22, 2013, the International Tribunal for the Law of the Sea (Tribunal), according to the press release, “ordered that the vessel Arctic Sunrise and all persons detained in connection with the dispute be released and allowed to leave the territory and maritime areas under the jurisdiction of the Russian Federation upon the posting of a bond in the amount of 3.6 million euros.” On October 21, 2013, the Netherlands submitted a request to the Tribunal for the prescription of provisional measures under article 290 of the United Nations Convention on the Law of the Sea in...
On November 18, 2013, the United Nations Security Council, acting under Chapter VII, condemned all acts of piracy committed at sea off the coast of Somalia and called upon Somali authorities “to pass a complete set of anti-piracy laws without delay.” The Security Council urged States, working with the relevant international organizations, to adopt legislation to facilitate prosecution of suspected pirates. The resolution recognized that “on-going instability in Somalia contributes to the problem of piracy and armed robbery at sea off the coast of Somalia, while piracy, in turn, exacerbates...
On November 22, 2013, the International Court of Justice delivered an order on Costa Rica’s request for the indication of new provisional measures in the Case Concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), which has been joined with the Case Concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). In November 2010, Costa Rica instituted proceedings against Nicaragua due to “the incursion into, occupation of and use by Nicaragua’s army of Costa Rican territory”, as well as for...
On November 12, 2013, the United Nations General Assembly elected fourteen countries to serve on the United Nations Human Rights Council, including Algeria, China, Cuba, France Maldives, Mexico, Morocco, Namibia, Saudi Arabia, South Africa, the former Yugoslav Republic of Macedonia, Viet Nam, Russia, and the United Kingdom. According to the news story, these countries will serve for a term of three years beginning on January 1, 2014, and are not eligible for immediate re-election after serving two consecutive terms. The Council is composed of forty-seven Member States and is “responsible...