On November 23, 2016, the Supreme Court Chamber of the Extraordinary Chambers of the Courts of Cambodia upheld a ruling of life in prison for two top Khmer Rouge leaders that was on appeal. According to the press release, the Court “upheld Nuon Chea’s and Khieu Samphan’ s convictions for crimes against humanity of murder, persecution on political grounds and other inhumane acts in relation to the evacuation of Phnom Penh immediately after the fall of the city on 17 April 1975.” The Court also “reversed the convictions entered by the Trial Chamber for the crime against humanity of...
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 18, 2016, the United Nations Security Council issued a resolution reaffirming “its determination to take effective steps to further enhance the relationship between the UN and regional organizations, in particular the African Union.” In the resolution, the Council noted the need for further financial backing support for the African Union from the United Nations. The resolution follows a report by the office of the Secretary-General on strengthening the cooperation between the United Nations and the African Union.
On November 18, 2016, the Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, launched her office’s “Policy on Children” to “assist the Office of the Prosecutor . . . in its efforts to robustly address [crimes against children] in accordance with the Rome Statute.” According to the press release, the policy will “guide the Office in its efforts to hold accountable perpetrators of international crimes against children, bearing in mind their rights and best interests.” The policy was also created through “extensive expert consultations and informed by the insights of...
On November 17, 2016, the United Nations Security Council issued a resolution renewing the mandate of the Joint Investigative Mechanism in regards to the use of chemical weapons in Syria. The Council also reiterated its decision that Syria should not be allowed to “use, develop produce, otherwise acquire, stockpile or retain chemical weapons, or, transfer, directly or indirectly, chemical weapons to other States or non-State actors.” News reports indicate that both the Syrian government and the Islamic State have used chemical weapons in combat and on civilians. The Mechanism was...
On November 15, 2016, the U.K. Parliament passed the Investigatory Powers Bill, a controversial piece of legislation that allows authorities to access communications data without judicial approval except in the case of uncovering a press source. According to reports, the legislation also allows authorities to seek communications data or equipment interference in bulk by applying for a warrant. The bill has received muted criticism for increasing the government’s surveillance capabilities to new heights.
On November 15, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution expressing alarm at the escalation of ethnic violence in South Sudan. According to the press release, the Council urged the parties to cease all hostilities and avoid escalating the conflict in the impending dry season, emphasizing that there is no military solution to the conflict. Additionally, “[t]he members of the Security Council signalled their readiness to consider taking additional measures in order to prevent a further escalation of violence and conflict,...
On November 12, 2016, the Colombian government reached a new peace deal with the Revolutionary Armed Forces of Colombia (FARC). According to reports, the new agreement modifies the former deal, which was rejected by voters in a nation-wide plebiscite in August. The new pact includes provisions “for FARC fighters to face jail and community service, for the FARC to turn over financial information, and for investigations of crimes to be commenced within the narrower window of [sic] next two years.” It is not yet clear if the new agreement will also face a referendum. The government and the...
On November 9, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution that renewed authorization for international naval forces to combat piracy off the coast of Somalia. According to the press release, the Council affirmed that while the Somali government had the primary responsibility in the efforts, it “renewed the call upon States and regional organizations that were able to do so to cooperate with those authorities and each other in deploying naval vessels and military aircraft, by providing logistical support, and by seizing and...
On November 9, 2016, the International Labour Organization (ILO) Forced Labour Protocol entered into force. According to the press release, the ratifying member states must now “take effective measures to prevent and eliminate forced labour, and to protect and provide access to justice for victims.” The current high contracting parties are Argentina, the Czech Republic, France, Mali, Mauritania, Niger, Norway, Panama, and the United Kingdom. There are an estimated 21 million victims of forced labor throughout the world.
On November 8, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution renewing its authorization of the European-led multinational stabilization force in Bosnia and Herzegovina (EUFOR ALTHEA) for another year. According to the press release, “Council members took the floor to urge leaders in Bosnia and Herzegovina to pursue reconciliation under compliance with the Dayton Accord, with most expressing concern over tensions that surrounded the referendum on Republika Srpska Day.” A large portion of the region's Muslim Bosniaks and Catholic...