On November 26, 2021, the Second Chamber of the Federal Criminal Court in Buenos Aires confirmed that, under the principle of universal jurisdiction, it would launch a genocide case against senior Myanmar officials for the Myanmar military’s treatment of the Rohingya. Read more about the case in the FT (subscription required) or in a press release by the Burmese Rohingya Organisation UK (BROUK)
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 25, 2021, UNESCO member states adopted a first draft of a Recommendation on the Ethics of Artificial Intelligence (Recommendation) which “defines the common values and principles needed to ensure the healthy development of AI.” According to a UN press release, the Recommendation’s aim is to ensure the ethical development of artificial intelligence by “addressing issues around transparency, accountability, and privacy.”
The Recommendation states that “all actors in the AI system life cycle” should respect, protect, and promote human rights; recognize and promote...
On November 18, 2021, the International Criminal Court (ICC) temporarily suspended its investigation into the Philippines. According to an ICC press release, the Philippines requested deferral of the Office of the Prosecutor’s (Office) investigations and proceedings related to alleged crimes against humanity committed between July 1, 2016 and March 16, 2019 “in the context of the so-called ‘war on drugs’ campaign,” and in the Davao area between November 1, 2011 and June 30, 2016. The Office took the view that it is necessary for a state that requests deferral to demonstrate “concrete and...
On November 16, 2021, the Court of Justice of the European Union (CJEU) ruled, in the Case C-479/21 PPU Governor of Cloverhill Prison, that Withdrawal Agreement provisions “concerning the European arrest warrant regime with respect to the United Kingdom” and the EU-UK Trade and Cooperation Agreement (TCA) provision “concerning the new surrender mechanism” are binding on Ireland. According to a CJEU press release, the case concerned two fugitives arrested in Ireland who contested their extradition to the UK. The case eventually reached the Irish Supreme Court, which referred the...
On November 17, 2021, the Committee of Ministers of the Council of Europe (CoE) adopted a Second Additional Protocol to the Convention on Cybercrime. According to a CoE press release, “the Protocol provides a legal basis for disclosure of domain name registration information and for direct co-operation with service providers for subscriber information, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies, mutual assistance tools, as well as personal data protection safeguards.”
On November 12, 2021, the European Commission referred Hungary to the Court of Justice of the European Union (CJEU) and requested the CJEU to impose financial sanctions on Hungary for its failure to comply with a CJEU ruling. According to a European Commission press release, Hungary did not address the CJEU’s findings in Case C-808/18 Commission v. Hungary with regard to Hungary’s legislation on the rules and practice in the transit zones at the Serbian-Hungarian border, as well as Hungary’s breach of the Asylum Procedures Directive, the Reception Conditions Directive, and the...
On November 16, 2021, the Court of Justice of the European Union (CJEU) ruled, in Joined Cases C-748/19 to C-754/19, that EU law precludes Poland’s regime which allows the Minister for Justice to second judges to higher criminal courts, as well as to terminate their secondments without any explanation. According to a CJEU press release, the CJEU held that the secondments should provide the necessary guarantees to prevent political control over the judicial decisions. The press release explained that under the Polish law, the Minister for Justice, who is also the Public Prosecutor General,...
On November 10, 2021, the U.S. Department of the Treasury sanctioned two Cambodian government officials for their involvement in corruption in Cambodia. According to a Treasury press release, these individuals are designated based on the Global Magnitsky Human Rights Accountability Act, and the “U.S. Department of State’s announcement of visa restrictions under Section 7031(c) of the FY 2021 Department of State, Foreign Operations, and Related Programs Appropriations Act” for their involvement in the corruption.
On November 12, 2021, the UN General Assembly elected thirty-four members of the International Law Commission (ILC) to serve between 2023 – 2027. According to an ILC press release, 9 nationals from African states, 8 nationals from Asia-Pacific states, 3 nationals from Eastern European states, 6 nationals from Latin American and Caribbean states, and 8 nationals from Western European and other states were elected. The ILC is responsible for developing and codifying international law, and members of the ILC are “persons of recognized competence in international law.”
On November 11, 2021, the UN General Assembly, after discussing the report (to be issued as document A/76/PV.31) submitted by the International Criminal Court (ICC), adopted a resolution (to be issued as document A/RES/76/5) that called upon non-signatories of the Rome Statute to consider joining the signatory parties. According to a UN press release, the Assembly asked states parties to “adopt national legislation that will implement their obligations and work with The Hague-based Court to carry out its functions.” The resolution also mentioned the importance of implementing the Rome...