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.
ICC Finds Mongolia Violated Rome Statute by Failing to Arrest Putin
| By: Justine N. Stefanelli : October 25, 2024 |

On Thursday, October 24, 2024, the International Criminal Court (ICC) Pre-Trial Chamber II unanimously found that Mongolia violated its obligations under the Rome Statute by failing to comply with the Court's request to arrest and surrender Vladimir Putin while he was visiting Mongolia recently. In particular, Article 87(7) of the Statute reads:

Where a State Party fails to comply with a request to cooperation by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding...

EU Court Recognizes Taliban's Discriminatory Measures Against Afghan Women as Acts of Persecution
| By: Brita Jelen : October 21, 2024 |

On October 4, 2024, the Court of Justice of the European Union (CJEU) ruled that the Taliban's discriminatory measures against women in Afghanistan constitute "acts of persecution" justifying the recognition of refugee status. The ruling comes in response to Austria's refusal to recognize the refugee status of two Afghan women. The two women contested the denial before the Austrian Supreme Administrative Court, which subsequently sought a ruling from the CJEU. The Court's judgment recognizes that some of the restrictions...

Council of Europe Opens First Global AI Treaty for Signatures
| By: Maya Prakash : September 18, 2024 |

The Council of Europe drafted and opened the world’s first binding global treaty on AI, human rights, democracy, and the rule of law on Sep. 5, 2024. The treaty, called the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, was signed by the United States, along with the UK, the USA, Israel, Norway, Andorra, Georgia, Iceland, the Republic of Moldova and San Marino.

 

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Canada Sup Ct rules Crown has “dishonorably breached” First Nations Treaty for 150 years
| By: Maya Prakash : August 02, 2024 |

On Jul 26, 2024, the Supreme Court of Canada found that the Crown had ‘dishonorably breached’ its obligations to First Nations groups in Ontario under the Robinson Treaties of 1850. Under the treaties, the Anishinaabe tribes of Lake Huron and Lake Superior agreed to cede their land in exchange for annuities, which were expected to increase when the land was used for production. However, the payments have stayed capped at $4 per beneficiary since 1857, which the SCC deemed a mockery of the agreement made.

The SCC...

ICJ Publishes Advisory Opinion in OPT Case
| By: Sharon Basch : July 23, 2024 |

On July 19, the ICJ delivered its advisory opinion in the above case. The advisory opinion deals with two major issues. The first is whether the ICJ should give an advisory opinion on the issue of Israeli action in the West Bank and East Jerusalem, as Israel is not under the ICJ’s jurisdiction. The opinion, after determining that it should still submit an advisory opinion, discusses settlement issues in the region.

The Court confirmed that it has jurisdiction to give the requested advisory opinion based on Article 65, paragraph 1 of the Statute and Article 96, paragraph 1 of the...

Appeal in 9th Cir Challenging Military and Financial Aid for Israel Dismissed
| By: Sharon Basch : July 18, 2024 |

An appeal to the 9th Circuit Court of the US claiming that the United States diplomatic, military, and financial support violated international law and the Genocide Convention upheld a prior decision to dismiss the case. It was dismissed July 15th, affirming the lower court ruling on the case. The lower court found that the lawsuit was not justiciable, and that it fell under the “political questions doctrine - which includes certain matters from judicial review. The lower court reasoned that the case involved issues of...

Argentina Court Revives Uygher Genocide Claims
| By: Sharon Basch : July 18, 2024 |

On July 11, 2024, the Argentinian Federal Court of Criminal Cassation made a groundbreaking decision in response to a criminal complaint filed by the Uyghur Human Rights Project, World Uyghur Congress, and Lawyers for Uyghur Rights. The complaint alleged genocide and crimes against humanity perpetrated by Chinese state agents against the Uyghur people.

The Court of Cassation overturned a previous decision by the Court of Appeal of Buenos Aires,...

New Lines Intitute for Policy and Strategy Releases Report Concluding War Crimes in Tigray War
| By: Sharon Basch : July 18, 2024 |

A recent report by the New Lines Institute for Strategy and Policy provides a comprehensive analysis of the Tigray War (2020-2022) in Ethiopia, highlighting the complex historical context and devastating consequences of the conflict. The report presents substantial evidence suggesting that Ethiopian and allied forces committed genocide against the Tigrayan people. This includes:

Direct Intent: Speeches and statements by Ethiopian government officials revealing intentions to eliminate or erase Tigrayans....

ECOWAS: Nigerian Govt Violated Human Rights in 2020 Protests
| By: Sharon Basch : July 18, 2024 |

In Nigeria in October of 2020, largely peaceful mass protests against police brutality, and specifically targeting the notorious “Special Anti-Robbery Squad” (SARS), were ignited by a video that surfaced online showing a SARS officer allegedly killing a young man. The initial demand was to disband SARS, but quickly expanded to include broader calls for police reform, accountability for past abuses (including extortion, torture, and extrajudicial killings), and an end to systemic corruption within the Nigerian government...

European Commission Informs X (Formerly Twitter) that the Platform is in Breach of the Digital Services Act
| By: Sharon Basch : July 18, 2024 |

The European Commission has informed X (formerly Twitter) of its preliminary view that the platform is in breach of the Digital Services Act (DSA) in three key areas:

Dark Patterns: The Commission believes that X's interface design for "verified accounts" with the blue checkmark is deceptive and does not align with industry best practices. The current design allows anyone to purchase a verification status, potentially misleading users about the authenticity of accounts and content. Advertising Transparency: X's...

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