On March 26, 2020, the Court of Justice of the EU (CJEU) issued a judgment of inadmissibility in Joined Cases C-558/18 and C-563/18 Miasto Łowicz and Prokurator Generalny. According to a press release issued by the Court, these two cases were referred to the CJEU by two regional courts in Łódź and in Warsaw, Poland, and are part of the ongoing saga of cases brought to the CJEU in relation to the independence of the Polish judiciary in light of several Polish legislative reforms. These two cases were adjudged to be inadmissible by the Court for three main reasons. First, the Court held that...
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.
The Caribbean Court of Justice issued its first advisory opinion in response to a request for interpretation of the Revised Treaty of Chaguaramas, which established the Caribbean Community. According to a press release from the Court, the Court was asked by the Heads of the Caribbean Community (CARICOM) to give its opinion on two issues relating to freedom of movement. The request comes in the wake of two decisions by the CARICOM Heads to (a) increase the number of categories of workers entitled to seek employment in each other's countries; and (b) permit Antigua and Barbuda and St Kitts...
On March 29, 2020, the Inter-American Court of Human Rights held Ecuador “internationally responsible” for the violation of the rights of Mr. Ramón Rosendo Carranza Alarcón, who was arrested and held in pre-trial detention for approximately four years. A press release issued by the Court [in Spanish only] explains that the Court specifically held that Mr. Rosendo Carranza Alarcón’s preventive detention was arbitrary and of an unreasonable duration, as well as holding that Ecuador violated the principle of the presumption of innocence and the right to a speedy trial under the Inter-American...
The Russian Constitutional Court has approved amendments to the Russian Constitution that will allow President Vladimir Putin to serve an additional two terms as president. As reported by JURIST on March 17, 2020, the Russian Constitution's current limitation to two terms will be replaced by amendments that will "reset the term-limit clock and allow [Putin] to run again." These changes previously received parliamentary support and will now be put to a national referendum, which is scheduled for late April.
The U.S. Department of State published its 2019 Country Reports on Human Rights Practices on March 11, 2020. In an accompanying statement by Assistant Secretary for Democracy, Human Rights, and Labor, Robert A. Destro, remarked that the reports "look beyond law, policy, or statements of intent and examine what a government actually did to protect human rights during the year and to promote accountability for violence - violations and abuse." Specifically, the reports are comprised of seven sections:
Respect for the Integrity of the Person Respect for Civil Liberties Freedom to...On March 11, 2020, the Special Tribunal for Lebanon presented its eleventh annual report for the period March 1, 2019, to February 29, 2020, to the UN Secretary-General and the Government of Lebanon. The Tribunal is dedicated to the investigation of the attack which took place in February 2005 and the trial of those accused of killing 22 people (including former Lebanese Prime Minister, Rafik Hariri) in the attack. It was established in UN Security Council Resolution 1757 of May 30, 2007. The report highlights three "key milestones" achieved by the Tribunal in the past year: (1) progress...
On March 9, 2020, the Appeals Chamber of the International Criminal Court (ICC) unanimously dismissed Saif Al-Islam Gaddafi's appeal against Pre-Trial Chamber I's decision on admissibility of April 5, 2019. According to a press release from the ICC, the appeal concerned the finality of a judgment rendered against Mr. Gaddafi in absentia in 2015 before a Libyan court. The Pre-Trial Chamber rightly (according to the Appeals Chamber) found that because the judgment was rendered in absentia, it cannot be considered final under Libyan law. Therefore, the case is admissible at...
On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) unanimously authorized the Prosecutor to launch an investigation into the situation in the Republic of Afghanistan. According to a press release from the ICC, the Appeals Chamber judgment amended an earlier judgment by Pre-Trial Chamber II rejecting the Prosecutor's request to begin an investigation into the situation. In reviewing the case, the Appeals Chamber concluded that the Pre-Trial Chamber had incorrectly evaluated whether an investigation would be in the "interests of justice" under Article 53(1)(c) of...
A report on requests for de-listing from the U.N. sanctions scheme was published by the Ombudsperson, Daniel Kipfer Fasciati, to the U.N. Security Council Committee on February 7, 2020. The report specifically concerns a number of U.N. Security Council resolutions on Islamic State in Iraq and the Levant (Da'esh), Al-Qaida, and associated individuals, groups, undertakings, and entities. The report outlines activities related to delisting cases since the previous report was published on August 1, 2019, as well as activities undertaken in relation to developing the the Office of Ombudsperson...
On February 28, 2020, the Supreme Court of Canada published its decision on jurisdiction in Nevsun Resources Ltd. v. Araya. According to a case brief published by the Court, the case involves a dispute between workers in the Bisha mine in Eritrea. The mine is owned by Bisha Mining Share Company, which is owned by Nevsun, a Canadian company and the appellant in the case. The workers allege that the harsh and dangerous working conditions in the mine violate customary international law. The issue in the case was whether the Canadian courts had jurisdiction over the case. Nevsun...