On December 17, 2015, the United Nations Security Council passed a resolution imposing sanctions on ISIL. The sanctions include an asset freeze, travel ban, and arms embargo, as well as criteria to determine what “acts or activities indicat[e] that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida” and should thus be included on the sanctions list. The Council addressed the “insufficient level of reporting” by member states, expressed concern about the “lack of implementation” of previous counter-terrorism measures, and reiterated the member state’s obligation...
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 December 14, 2015, the Appeals Chamber of the International Criminal Tribunal for Rwanda (Appeals Chamber) delivered its judgment on several appeals cases, and thereby concluded the Tribunal’s judicial activity. According to the press release, one of the appellants’ arguments was that “their proceedings were unduly delayed [and] . . . that they suffered prejudice as a result.” The Appeals Chamber noted that “the right to be tried without undue delay is enshrined in Article 20(4)(c) of the Statute” and is “determined on a case-by-case basis. A number of factors are relevant to this...
On December 18, 2015, the Inter-American Court of Human Rights (Court) published its decision (judgment only available in Spanish) in Paiz v. Guatemala, ruling that Guatemala has not taken sufficient measures to combat the increasing problem of violence against women. According to the press release (only available in Spanish), the case arose out of the sexual abuse and murder of Claudina Isabel Velásquez Paiz in 2003, which has not been solved yet. The Court reaffirmed its jurisprudence that a state is not responsible for every human rights violation committed by individuals...
On December 18, 2015, the Inter-American Court of Human Rights (Court) published its decision (judgment only available in Spanish) in Ruano Torres v. El Salvador, ruling that El Salvador had violated the American Convention on Human Rights (Convention) in the trial of José Agapito Ruano Torres for kidnapping. There had been serious doubt throughout the criminal proceedings whether Torres was in fact the person with the alias “El Chopo,” who had allegedly participated in the commission of the crime. According to the press release (only available in Spanish) the Court found that the...
On December 18, 2015, the United Nations Security Council adopted a resolution focused on a political solution to the ongoing crisis in Syria. According to a UN news report, the resolution shapes a more active role for the UN as the forum for talks between the opposing sides regarding a political transition and sets out a timetable for a ceasefire and elections. The political process under UN auspices calls for the establishment of “credible, inclusive and non-sectarian governance” within six months and the drafting of a new constitution and holding of free elections within eighteen months...
On December 17, 2015, a tribunal at the Permanent Court of Arbitration dismissed the case of Phillip Morris against Australia, which had arisen under the bilateral investment treaty (BIT) of Australia and Hong Kong. Philip Morris challenged the Australian plain packaging law for cigarettes, which is intended to aid the government’s anti-smoking campaign. Philip Morris argued that this restriction of the use of its trademark was a violation of the BIT. According to a news report, the tribunal reached its decision on procedural grounds in bifurcated proceedings. The award is not yet public...
On December 16, 2015, the International Court of Justice (Court) issued its decision in the joined cases concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). According to the press release, Costa Rica alleged “that Nicaragua invaded and occupied Costa Rican territory, that it dug a channel thereon, and that it conducted works (notably dredging of the San Juan River) in violation of its international obligations,” while Nicaragua...
On December 15, 2015, the International Criminal Tribunal for the former Yugoslavia (ICTY) Appeal’s Chamber ordered a retrial for two Serbian officials, who had been acquitted in 2013 for failure to prove their crimes beyond a reasonable doubt. According to the press release, Stanišić and Simatović had been accused of participating in a joint criminal enterprise, which had committed a number of crimes with the “purpose of . . . the forcible and permanent removal of the majority of non-Serbs” from certain areas. The indictment alleges that they were involved in the planning and execution...
On December 12, 2015, the UN Secretary-General issued a press statement characterizing the Paris Agreement (Agreement) as a “monumental triumph.” The Agreement was reached after two weeks of negotiations at the United Nations climate change conference, and contained the pledge of 195 parties to the UN Framework Convention on Climate Change (UNFCCC) to take joint action in combating climate change. In particular, the Agreement contains provisions dealing with the following: “[M]itigation – reducing emissions fast enough to achieve the temperature goal; a transparency system and global stock...
On December 8, 2015, the European Court of Human Rights (Court) ruled in Z.H. and R.H. v. Switzerland that Switzerland was under no obligation to recognize the marriage between two Afghani nationals, entered into in a religious ceremony in Iran, who were fourteen and eighteen years of age at the time. According to the press release, the case arose out of the separate consideration of the asylum applications of Ms. Z.H. and Mr. R.H., and the man’s subsequent expulsion from Switzerland. Switzerland refused to consider the marriage, citing that “their alleged religious marriage...