On February 23, 2023, one day before the first anniversary of Russia’s invasion of Ukraine, the UN General Assembly adopted a resolution calling for “a comprehensive, just and lasting peace in Ukraine.” The resolution urges member states to support peace in the region and calls upon Russia to “completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders” and adhere to international...
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 February 18, 2023, US Vice President Kamala Harris announced at the Munich Security Conference that the US has formally found that Russia committed crimes against humanity in Ukraine. Secretary of State Anthony Blinken supported the Vice President’s statement, adding that “members of Russia’s forces have committed execution-style killings of Ukrainian men, women, and children; torture of civilians in detention through beatings, electrocution, and mock executions; rape; and, alongside other Russian officials, have deported hundreds of thousands of Ukrainian civilians to Russia, including...
On February 5, 2023, Mali’s ruling junta made Guillaume Ngefa-Atondoko Andali, the head of the UN peacekeeping mission in Mali, a persona non grata and gave him 48 hours to leave the country. On February 7, UN Human Rights Chief Officer Volker Türk called the decision “regrettable” and encouraged Mali to reverse Andali’s expulsion. In addition, the UN has maintained that the doctrine of persona non grata is not applicable to UN personnel because it is contrary to the obligations of member states under the UN Charter, especially those concerning the privileges and immunities of UN staff....
On February 8, 2023, the UK Supreme Court rejected all three grounds of an appeal that challenged the constitutionality of the Northern Ireland Protocol. Part of the post-Brexit agreement between the UK and EU, the protocol ensures that trade between the Republic of Ireland, an EU member, and Northern Ireland can continue without the need for checks after the UK left the EU. The protocol was established under British law by section 7A of the European (Withdrawal) Act of 2018. The appellants relied on three grounds. First, they argued that the protocol contradicts Article VI of the Acts of...
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."...
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...
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...
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...
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...
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 “...