On March 30, 2021, the International Criminal Court (ICC) Appeals Chamber upheld the conviction and sentencing of Bosco Ntaganda. Ntaganda was convicted on July 8, 2019, of 18 counts of war crimes and crimes against humanity for actions carried out in 2002-03 in the Democratic Republic of the Congo (covered in ILIB). He was then sentence to 30 years' imprisonment, the longest sentence term to be imposed by the ICC (also covered in ILIB). The Appeals Chamber rejected all of Ntaganda's arguments, including that his right to a fair trial had been violated, that the Trial Chamber "exceeded the...
International Law in Brief
International Law in Brief (ILIB) is forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On Monday, March 22, 2021, The Council of the European Union took action against those responsible for the February 1 military coup in Myanmar, imposing sanctions against 11 individuals. In application of the EU Global Human Rights Sanctions Regime, the Council implemented a travel ban preventing these individuals from entering EU territory. In particular, these measures aim at those comprising the highest ranks of the Myanmar Armed Forced (Tatmadaw), adding onto existing arms embargos and export bans already seeking to limit the Tatmadaw’s capacity. These new sanctions directly follow the...
On March 25, 2021, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) placed sanctions upon two Burmese military holding companies, Myanmar Economic Holdings Public Company Limited (MEHL) and Myanmar Economic Corporation Limited (MEC), both of which control significant portions of the country’s economy, including trading, natural resources, alcohol, cigarettes, and consumer goods. The goal of these sanctions is to target the economic resources, or the “financial lifeline” that fuels the Burma military regime. The OFAC reiterates that the sanctions are not directed...
By decree published on Saturday, March 20, President Erdoğan of Turkey announced Turkey's withdrawal from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). As reported by JURIST, Turkey was the first signatory to the Convention when it was opened for signature in 2011. As reported by JURIST, members of the AK Parti previously noted their concern that the Convention "encourages divorces and undermines family structures" and encourages homosexuality through its provisions on non-discrimination based on sexuality...
On Thursday, March 11, 2021, the European Parliament adopted a resolution declaring the European Union an “LBTIQ Freedom Zone,” and strongly denounced any form of violence or discrimination on the basis of sex, sexual orientation, or gender. The resolution emphasizes the significance of equal treatment and non-discrimination as a fundamental right central to the EU Treaties and the EU Charter of Fundamental Rights, and restates that LGBTIQ rights are human rights. It condemns resolutions adopted across Poland and Hungary that cut directly against this core principle, seeking to diminish...
The Special Tribunal for Lebanon has published its 12th Annual Report, covering activities from March 1, 2020, to February 28, 2021. The report highlights the judgment in the Ayyash et al. case, which the report refers to as a "key milestone" for the Tribunal. In addition to that judgment, the report discusses case STL-18-10, a case connected to the Ayyash et al. case, as well as two other matters before the Tribunal. It discusses procedural reforms made in the form of a newly-adopted Practice Direction on the Record Book, which gives effect to Rule 54 of the Rules of...
In a statement on Myanmar released on March 10, 2021, by the President of the Security Council, the Council emphasized the necessity for the release of State Counsellor Aung San Suu Kyi and President Win Myint and other members of the Government who were detained, as well as all citizens who were detained arbitrarily. It also have condemned the violence against peaceful protesters, as well as women and children. The Council called for the military to exercise “utmost restraint” and stated that it will be monitoring the situation accordingly. Along with its “deep concern[s]” about...
The International Centre for Dispute Resolution (ICDR) has amended its Dispute Resolution Procedures, effective March 1, 2021. The amendments are largely focused on taking into account new practices as a result of the COVID-19 pandemic. However, a number of amendments have been made regarding issues such as privacy, cybersecurity, transparency in decision-making, and matters relating to mediation, including the mediator appointments process and enforcement of settlements under the Singapore Convention on mediated settlements. Read the updated Procedures on the ICDR website here.
On March 3, 2021, the Hague Conference on Private International Law announced that Israel has signed the 2005 Choice of Court Convention and the 2019 Judgments Convention. The 2005 Convention currently has 32 contracting parties (including the EU), but it will only enter into force for Israel once Israel has deposited an instrument of ratification. Until then, however, Israel (as a signing state under the UN Vienna Convention on the Law of Treaties) is obligated not to act in such a way so as to defeat the object and purpose of the Convention.
The 2019 Convention has not yet entered...
On Wednesday, March 3, 2021, International Criminal Court (ICC) Prosecutor, Fatou Bensouda, announced the Prosecution Office's intent to proceed with an investigation into the Situation in Palestine. As noted in a press release from the ICC, "[t]he investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014."
The announcement refers to the "positive and negative" reaction to the February 5 decision of Pre-Trial Chamber I relating to the jurisdiction of the ICC in this Situation (previously covered...