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.
Mali Files an Application with the ICJ Concerning a Dispute with Algeria
| By: Brianne Blain : October 28, 2025 |

On September 16, 2023, the Republic of Mali filed an application with the International Court of Justice (ICJ) against Algeria, concerning the alleged destruction of a Malian military reconnaissance drone by Algerian Defense Forces while it was conducting a surveillance mission over Malian territory. Mali characterized this as a “premeditated destruction” of its military equipment.

Mali alleges that Algeria’s actions were intended to obstruct Mali’s ongoing military operations against armed rebel groups and that the drone’s destruction constitutes a hostile act in violation of the...

ICJ Delivers Advisory Opinion on Israel’s Obligations in OPT
| By: Özge Karsu : October 24, 2025 |

On October 22, 2025, the International Court of Justice (ICJ) delivered an advisory opinion, following a request from the United Nations General Assembly concerning Israel’s obligations with respect to the activities of the United Nations, other international organizations, and third States in the Occupied Palestinian Territory, particularly the Gaza Strip.

The Court unanimously found that it has jurisdiction under Article 96 of the UN Charter and Article 65 of the Statute of the Court. It rejected arguments that the opinion would prejudge the South Africa v. Israel case....

United States Senate Votes to Repeal 1991 and 2002 AUMFs
| By: Özge Karsu : October 16, 2025 |

On October 9, 2025, the United States Senate passed an amendment to repeal the 1991 and 2002 Authorizations for Use of Military Force (AUMFs) related to Iraq. The measure, SA 3337, was adopted as part of the Fiscal Year 2026 National Defense Authorization Act (NDAA). It was sponsored by Senators Tim Kaine (D-VA) and Todd Young (R-IN) and described as a bipartisan initiative which was passed by a vote of 77-20.

The 2002 AUMF authorized the use of military force against Saddam Hussein’s regime in Iraq, while the 1991 AUMF authorized military force in the Gulf War. Over the years, the...

€7.5 Billion Penalty: Russia’s Court Prohibits Continuation of PCA Arbitration
| By: Brianne Blain : October 14, 2025 |

In Case No. A40-92702/2025, the Moscow Arbitrazh Court issued a decision regarding Wintershall Dea GmbH’s application for an injunction related to arbitration proceedings under the Permanent Court of Arbitration (PCA).

The court prohibited Wintershall Dea, its representatives, successors, and beneficiaries, as well as the law firm Aurelius Cotta, from continuing or supporting the PCA arbitration. Additionally, the arbitrators Charles Poncet (Switzerland) and Olufunke Adekoya (Nigeria) were prohibited from requesting evidence, holding hearings, or issuing awards in the PCA case....

UNHRC Concludes 60th Session with Major Reforms and New Afghanistan Mechanism
| By: Brianne Blain : October 14, 2025 |

The Human Rights Council concluded its sixtieth regular session, adopting 35 resolutions, one decision, and one Presidential Statement.

One of the most notable outcomes was the launch of a new initiative in Afghanistan. An independent investigative mechanism was established to collect, preserve, and analyze evidence of international crimes and other serious violations of international law. It will also prepare case files to support fair and independent criminal proceedings.

The Council also made several structural changes to its mandate system. The mandates of the Special...

ICC Delivers First Trial Judgment in Darfur Situation
| By: Özge Karsu : October 06, 2025 |

On October 6, 2025, the International Criminal Court (ICC) delivered its first trial judgement in the Darfur situation, convicting Ali Muhammad Ali Abd-al-Rahman, also known as Ali Kushayb, guilty of 27 counts of war crimes and crimes against humanity. These crimes were committed between August 2003 and March 2004 during widespread attacks in West Darfur.

Kushayb, identified as a leader of the Janjaweed militia, was initially charged with 31 counts of war crimes and crimes against humanity. He was alleged to have commanded forces, distributed weapons, and directly participated in...

Russia Withdraws from the European Convention Against Torture
| By: Özge Karsu : October 03, 2025 |

On September 29, Russian President Vladimir Putin signed the law on Russia’s formal withdrawal from the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. This move has been widely seen as a retreat from Russia’s international commitments, particularly in the field of human rights protection.

The Convention, which was created and is overseen by the Council of Europe’s Committee for the Prevention of Torture (CPT), allows independent international experts to conduct regular, unannounced inspections of the detention facilities. The...

CJEU Sets Stricter Limits on “Safe Country of Origin” Designations
| By: Özge Karsu : August 01, 2025 |

On August 1, 2025, the Court of Justice of the European Union (CJEU) delivered a significant decision, ruling on tightened legal requirements for how EU member states may designate “safe countries of origin” for the purpose of accelerated asylum procedures.

The case concerned two Bangladeshi nationals rescued by the Italian authorities who were transferred to a detention center in Albania, under the Italy–Albania Protocol. While they applied for international protection, the Italian authorities processed their applications under the accelerated border procedure and rejected their...

ICJ Delivers Unanimous Advisory Opinion on States’ Climate Change Obligations
| By: Alaa Hajyahia : July 24, 2025 |

On July 23, 2025, the International Court of Justice delivered its Advisory Opinion on the Obligations of States in respect of Climate Change, unanimously establishing that states have comprehensive binding obligations under multiple frameworks of international law to protect the climate system. The Court’s opinion responded to questions posed by the UN General Assembly through resolution 77/276, marking only the fifth unanimous advisory opinion in the Court’s nearly 80-year history.

In its Advisory Opinion, the Court identified specific obligations under various climate treaties,...

ECtHR Finds Switzerland Violated Fair Hearing Rights in Semenya v. Switzerland Sports Arbitration Case
| By: Alaa Hajyahia : July 16, 2025 |

The Grand Chamber of the European Court of Human Rights (ECtHR) ruled on July 10, 2025 that Switzerland violated Olympic champion Caster Semenya’s right to a fair hearing (Article 6 § 1 of the European Convention on Human Rights). The case involved Semenya’s challenge to World Athletics rules requiring female athletes with high natural testosterone to undergo hormone treatment to compete in women’s middle-distance races.

Semenya, a South African runner born with differences of sex development (DSD), first challenged the testosterone rules at the Court of Arbitration for Sport (CAS...

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