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.
| By: Justine N. Stefanelli : February 09, 2023 |

By letter dated January 19, 2023, the Permanent Representative of Azerbaijan to the UN transmitted a press release from the Azerbaijani Ministry of Foreign Relations outlining its commencement of the first-ever interstate arbitration under the 1982 Bern Convention on the Conservation of European Wildlife and Natural Habitats. The press release argues that Armenia engaged in "widespread deforestation, unsustainable logging, and pollution through significant construction and mining in the areas that were protected nature reserves" putting "over 500 wildlife species at risk in Azerbaijan."...


| By: Romita Chattaraj : February 08, 2023 |

On January 25, 2023, the European Court of Human Rights (ECtHR) ruled that applications made by Ukraine and the Netherlands against Russia are admissible in full, and another application made by Ukraine against Russia is partly admissible. Ukraine v. Russia (I), deemed admissible in full, was brought against Russia in 2014 following Russia’s invasion of Crimea. It alleges that Russia is responsible for unlawful military attacks against civilians, the shooting down of Flight MH17, and the execution and torture of civilians and Ukrainian soldiers. The court previously ruled that the...


| By: Romita Chattaraj : February 08, 2023 |

On January 25, 2023, the US Secretary of State Anthony Blinken enacted visa restrictions on specific individuals allegedly involved in undermining the democratic process in Nigeria. The restrictions are supported by Section 212(a)(3)(C) of the Immigration and Nationality Act, which prohibits the entry of an alien whose presence can create harmful foreign policy consequences for the US. Secretary Blinken maintains that the visa restrictions are not against the Nigerian people or their government, but are instead a reflection of the United States’ commitment to “support Nigerian aspirations...


| By: Romita Chattaraj : February 08, 2023 |

On January 28, 2023, Secretary Jesus Remulla of the Philippines Department of Justice held a press conference to express his discontent with the International Criminal Court’s (ICC) authorization of an investigation into civilian deaths during the Filipino government’s war on drugs between 2011-2019. The investigation comes amidst claims that citizens were “recruited, coordinated, and paid by police” to kill citizens. Secretary Remulla called the ICC’s actions “unreasonable” considering the fact that the Philippines has a “fully functioning judicial system.” The ICC’s response emphasized...


| By: Justine N. Stefanelli : February 01, 2023 |

On January 17, 2023, the German Federal Court of Justice published its judgment [in German only] of November 30, 2022, confirming the November 2021 conviction of Taha A.-J., an ISIS member, for genocide, crimes against humanity, and war crimes against Yazidi victims in Fallujah, Iraq. According to a press statement issued by the victim’s counsel, this is the first-ever conviction of an ISIS member for genocide. The Federal Court of Justice held that “. . . the organised enslavement of women and girls, especially in connection with religious re-education […] served to destroy the Yazidis...


| By: Justine N. Stefanelli : January 03, 2023 |

On December 21, 2022, the European Court of Human Rights indicated interim measures in the case Armenia v. Azerbaijan (no. 4). The request for interim measures brought by the Government of Armenia alleged that Azerbaijan was blocking Armenians’ access to the Lachin Corridor which, according to a press release from the Court, is used by Armenian residents in Nagoro Karbakh to access vita services, including medical care. In its decision to indicate provisional measures, the Court noted that Azerbaijan was obligated under Article 6 of the Trilateral Statement signed November 9, 2020, to “...


| By: Justine N. Stefanelli : January 03, 2023 |

On December 22, 2022, the U.S. Senate passed the Justice for Victims of War Crimes Act. The Act allows for national prosecution of war criminals in a number of situations: (1) where the offense occurred "in whole or in part" in the United States; (2) where the victim or offender is a U.S. national; (3) where the victim or offender is a member of the U.S. armed forces; and (4) where the victim or offender is present in the U.S. (regardless of nationality). The Act also provides that in case of an offense covered by the current war crimes statutes, "an indictment may be found or an...


| By: Justine N. Stefanelli : December 07, 2022 |

On November 23, 2022, the Supreme Court of the United Kingdom issued its unanimous decision in response to a reference by the Lord Advocate concerning whether the draft Scottish Independence Referendum Bill, which asks “should Scotland be an independent country?,” is outside the legislative competence of the Scottish Parliament because it refers to matters reserved to the Union or the UK Parliament under the Scotland Act of 1998. The Lord Advocate’s (senior law officer of the Scottish Government) reference was made under paragraph 34 of Schedule 6 to the Act. The Advocate General for...


| By: Justine N. Stefanelli : December 02, 2022 |

On December 1, 2022, the International Court of Justice issued its decision in the Dispute over the Status and Use of the Waters of the Silala (Chile v. Bolivia) concerning a dispute over the Silala River, which is shared by both states, and whether it is governed by international law. The case originated in 2016 when Bolivia demanded compensation for Chile’s use of the river, arguing that Chile has no rights to the river because its only means of flowing into Chile is by artificial channels. Chile instituted ICJ proceedings that year. According to a summary from the ICJ, Chile...


| By: Justine N. Stefanelli : November 21, 2022 |

This month's COP27 climate summit in Sharm El-Sheikh resulted in a draft agreement on climate change (called a cover decision). At 20 pages, the draft covers several issues, including food and energy crises, emissions, financing, technology, capacity building, cooperation, and periodic review of progress. According to The Guardian (which provides a helpful breakdown of key aspects of the draft), the many placeholders in the draft demonstrate that "some of the most contentious issues . . . have yet to be resolved."