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.
European Court of Human Rights Receives Applications Concerning Ukrainian Protests (February 21, 2014)
| By: Emily MacKenzie : March 03, 2014 |

The European Court of Human Rights (the Court) has announced that it has received two applications so far that arise out of the Ukrainian protests. The first case is Sirenko v. Ukraine, lodged on January 28, 2014, by a protester alleging that he was “beaten up by special police units during a violent dispersal of protestors and then unlawfully detained on 30 November 2013.” The Government of Ukraine has been invited to submit “written observations on the admissibility and merits of the case.”

The second case is Derevyanko v. Ukraine, lodged on January 23, 2014,...

IACHR Expresses Concern Over Situation in Venezuela (February 21, 2014)
| By: Steven Arrigg Koh : March 03, 2014 |

On February 21, 2014, the Inter-American Commission on Human (IACHR) rights issued a press release regarding the situation in Venezuela, stating that it is “profoundly disturbed by various complaints alleging violations of the demonstrators’ rights to peaceful protest and their rights to life and humane treatment, personal liberty, freedom of association and freedom of expression.”  The IACHR noted that it was “particularly attentive to the serious complaints of” armed individuals allegedly attacking the demonstrators, citing as an example the shooting of demonstrators in the city of...

European Council Announces Targeted Sanctions for Ukraine (February 20, 2014)
| By: Emily MacKenzie : March 03, 2014 |

In a press release following the Foreign Affairs Council meeting on February 20, 2014, the European Council announced that “[i]n light of the deteriorating situation, the EU has decided as a matter of urgency to introduce targeted sanctions” in Ukraine. This will include an “asset freeze and visa ban against those responsible for human rights violations, violence and use of excessive force.” In addition, “Member States agreed to suspend export licences on equipment which might be used for internal repression.” The Council also directed the “relevant Working Parties to make the necessary...

Court of Appeals of Port-au-Prince Rules on Statute of Limitations for Crimes Against Humanity Charges Against Jean-Claude Duvalier (February 20, 2014)
| By: Steven Arrigg Koh : March 03, 2014 |

On February 20, 2014, the Court of Appeals of Port-au-Prince ruled (unofficial English translation) that former dictator Jean-Claude Duvalier could be charged with crimes against humanity, reversing a 2012 lower court decision that Duvalier could not be charged because the statute of limitations on such crimes had run out.  The Court of Appeals also stated that “there are serious indicia relating to the indirect participation and the criminal responsibility of the accused, Jean-Claude Duvalier, for failing to take all necessary and reasonable measures to prevent the commission of crimes...

ICTY Trial Chamber Dismisses Goran Hadžić’s Motion for Acquittal (February 20, 2014)
| By: Steven Arrigg Koh : March 03, 2014 |

On February 20, 2014, Trial Chamber II of the International Criminal Tribunal for the former Yugoslavia dismissed Goran Hadžić’s motion for acquittal on specific charges contained within counts 2 through 9 of his indictment in the Prosecutor v.Goran Hadžić case.  According to the press release, the Trial Chamber delivered its ruling orally and pursuant to Rule 98 bis of the Tribunal’s Rules of Procedure and Evidence, which states that “[a]t the close of the Prosecutor’s case, the Trial Chamber shall, by oral decision and after hearing the oral submissions of the parties,...

The Supreme Court of the United Kingdom Rules on Return of Asylum Seekers to Responsible Country under Dublin II (February 19, 2014)
| By: Emily MacKenzie : March 03, 2014 |

On February 19, 2014, the Supreme Court of the United Kingdom (the Court) allowed four asylum seekers’ appeals in R (on the application of EM (Eritrea)) v. Secretary of State for the Home Department. The Court remitted the cases of the appellants, three Eritreans and one Iranian national who alleged that they faced a risk of suffering inhuman and degrading treatment if they were returned to Italy, for reconsideration in the first-instance court on the facts. Italy, the state in which the appellants first claimed asylum, is considered the “responsible” state for processing the...

IACHR Presents Report on Rights of Children to a Family (February 19, 2014)
| By: Steven Arrigg Koh : March 03, 2014 |

On February 19, 2014, the Inter-American Commission on Human Rights presented a report (Spanish only) entitled, “The Right of Boys and Girls to a Family: Alternative Care. Ending Institutionalization in the Americas.”  According to the press release, the report addresses the issue of “children who, for various reasons, do not receive proper care at home and require measures on the part of the State to ensure their well-being and overall development.” The report also addresses the human rights concerns raised when children are institutionalized, given that “the way many residential...

German Court Sentences Former Rwandan Mayor for Role in Genocide (February 18, 2014)
| By: Emily MacKenzie : March 03, 2014 |

On February 18, 2014, the High Regional Court of Frankfurt sentenced Onesphore Rwabukombe, a mayor in Northern Rwanda during the 1994 genocide, to fourteen years in prison for his role in the 1994 genocide in Rwanda. He had been living as a political refugee in Germany since 2002. According to news reports, “[t]he presiding judge at the court in Frankfurt said in his verdict that while Rwabukombe did not kill anyone, he oversaw and assisted in the murder of at least 450 men, women and children at the Kiziguro church compound in east Rwanda.” The court heard from over 100 witnesses in over...

United Nations Office of the High Commissioner for Human Rights Releases Reports on Human Rights Abuses in the Democratic People’s Republic of Korea (February 17, 2014)
| By: Adom Malcolm Cooper : March 03, 2014 |

On February 17, 2014, the United Nations Office of the High Commissioner for Human Rights released a report of the commission of inquiry on human rights and a report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea. According to the press release, the report of the detailed findings of the commission of the inquiry on human rights finds that “a wide array of crimes against humanity, arising from ‘policies established at the highest level of State,’ have been committed and continue to take place in the Democratic People’s...

European Council Suspends Zimbabwean Restrictive Measures (February 17, 2014)
| By: Emily MacKenzie : March 03, 2014 |

The European Council, by decision and implementing regulation, suspended the restrictive measures that were in place against Zimbabwe on February 17, 2014.  In a subsequent declaration by High Representative Catherine Ashton, she announced that the Council decided “to suspend the remaining restrictive measures with the exception of the arms embargo and those targeting two individuals – the Head of State and his spouse and one entity – Zimbabwe Defence Industries.” The current measures will expire on November 1, 2014, “[p]rovided there is no serious deterioration in the governance and human...

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