On September 2, Germany became the fifth state to file a declaration of intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation). In its declaration, Germany stated that the case "raises important issues concerning the Genocide Convention," which "impose[s] erga omnes partes obligations on Contracting Parties." Declarations of intervention have also been filed by Latvia, Lithuania, New Zealand, and the United Kingdom.
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 Thursday, July 28, the U.N. General Assembly adopted (161 votes in favor and 8 abstentions) a resolution declaring that access to a clean, healthy, and sustainable environment is a universal human right. U.N. Secretary-General António Guterres referred to this development as "historic" and stated that "[t]he resolution will help reduce environmental injustices, close protection gaps and empower people, especially those that are in vulnerable situations...." According to a U.N. press release, UN High Commissioner Michelle Bachelet supported the resolution but noted that "simply affirming...
On Friday, July 22, 2022, the International Court of Justice (ICJ) delivered its Judgment on the preliminary objections raised by Myanmar in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). Myanmar raised four preliminary objections regarding the Court’s jurisdiction over the case and the admissibility of the case.
With regard the first preliminary objection, Myanmar argued that the Court lacks jurisdiction, or alternatively the application is inadmissible, as the real applicant in these proceedings...
On July 6, 2022, the UK Supreme Court ruled that diplomats cannot evade Modern Slavery Act allegations by invoking diplomatic immunity. The case was filed by Ms. Josephine Wong who argued that Saudi diplomat Khalid Basfar forced her to work in his home for his family under abusive conditions. Basfar sought to oppose the suit by invoking diplomatic immunity under Article 31 of the Vienna Convention on Diplomatic Relations. Wong was successful at the employment tribunal, but Basfar successfully appealed. Wong was then given leave to file an appeal with the Supreme Court, which held in Ms....
On June 17, 2022, at the twelfth session of the WTO Ministerial Conference held in Geneva, the Ministerial Conference agreed on an intellectual property waiver for COVID-19 vaccines that will allow member countries to produce and distribute vaccines “without the consent of the right holder to the extent necessary to address the COVID-19 pandemic.” States may “authorize the use of the subject matter of a patent under Article 31 [of TRIPS] without the right holder’s consent through any instrument available in the law of the Member such as executive orders, emergency decrees, government use...
On June 13, the European Court of Human Rights granted an urgent interim measure that has halted deportations from the UK to Rwanda under the recently-agreed Memorandum of Understanding (MoU) for three weeks. The case before the Court involved an Iraqi national who claimed asylum in the UK when he arrived on May 17. The UK provided him with notice that his application was inadmissible and that he would be removed to Rwanda on June 14. The High Court of England and Wales denied his request for interim relief to stop his removal to Rwanda, reasoning that if the Court later allowed the...
On June 13, 2022, the U.S. Supreme Court issued its judgment in ZF Automotive U.S. Inc. et al. v. Luxshare, Ltd., two consolidated cases originating from the Sixth Circuit and involving arbitration proceedings abroad. In both of the cases, a foreign party sought discovery in the U.S. under 28 U.S.C. 1782(a), which allows federal district courts to order discovery of evidence "for use in a proceedings in a foreign or international tribunal." The main issue in these cases was whether arbitration qualified as a "foreign or international tribunal" under the statute and, in both cases...
On May 25, 2022, the U.S. Department of State announced the creation of the Atrocity Crimes Advisory Group (ACA) for Ukraine. Established jointly by the United States, European Union, and United Kingdom, the ACA is "aimed at ensuring efficient coordination of [the partners'] respective support to accountability efforts on the ground" in Ukraine. More broadly, it will support the work of the War Crimes Unit of the Office of the Prosecutor General (OPG) of Ukraine in its work. The ACA will also "provide strategic advice and operational assistance to OPG specialists and other stakeholders in...
On May 19, 2022, the Appeals Chamber of the International Criminal Court denied the appeal of Mr. Mahamat Said Abdel Kani against a Trial Chamber decision to maintain his detention pending his trial for alleged crimes against humanity (imprisonment or other severe deprivation of liberty; torture; persecution; enforced disappearance and other inhumane acts) and war crimes (torture and cruel treatment). Said Abdel Kani alleged that the Trial Chamber based its decision to maintain detention on "theoretical and abstract risks" regarding the likelihood that he could, and would be helped to,...
On Thursday, May 12, the United Nations Human Rights Council passed a resolution (A/HRC/S-34/L.1) to begin an investigation into whether war crimes have been committed by Russia in Ukraine. According to a UN press release, the resolution was adopted by a vote of 33 in favor, two against, and 12 abstentions. The Council reiterated its demand that hostilities be ceased and asked that the Independent International Commission of Inquiry begin an investigation into events taking place in late February and March in several regions in Ukraine. The resolution also implores Russia to give...