A case against some of Croatia's COVID-19 restrictions has been communicated to the European Court of Human Rights. In Magdiç v. Croatia, the Applicants question the legality of measures adopted by Croatia to inhibit the spread of the COVID-19 virus. The measures in question: (1) place restrictions on the ability to leave one's domicile and residence except under exceptional conditions and with official permission; (2) prohibit public gatherings of greater than five people; and (3) suspend religious gatherings. The Applicants challenge these measures based on Article 9 (freedom of...
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 Thursday, May 6, 2021, the International Criminal Court (ICC) issued its sentence in the case against Dominic Ongwen. As reported earlier by ILIB, Ongwen was convicted of 61 crimes against humanity and war crimes for acts committed in Northern Uganda between July 2002 and December 2005. The ICC sentenced Ongwen to 25 years of imprisonment, less the time spent in detention from January 4, 2015, to May 6, 2021. In the sentencing decision, the ICC recalled that it is required to "take into account, inter alia, 'the individual circumstances of the convicted person'," which in...
On Tuesday, April 20, the Court of Justice of the European Union (CJEU) ruled in Case C-896/19, Repubblika v. Il-Prim Ministru that Malta’s system for appointing judges did not contradict EU law. As reported by JURIST, the ruling went before the national court when Repubblika, an association created to promote the rule of law in Malta, had challenged the procedure, which was provided by the Constitution of Malta. The process in the Maltese Constitution stated that judiciary members are appointed by the president acting under the advisement of the prime minister. However,...
On April 21, 2021, Italy ratified Protocol 15 to the European Convention on Human Rights. Its ratification triggers the entry into force of the Protocol in all Council of Europe member states from August 1, 2021. The three-page Protocol adds to and amends the Convention in a number of ways. For example, it adds a new recital to the Convention's Preamble, affirming the principle of subsidiarity and the margin of appreciation doctrine. It also introduces a new paragraph 2 in Article 21 (Criteria for office), stating that candidates for the Court must be less than 65 years old at the time the...
The International Centre for Settlement of Investment Disputes (ICSID) and the UN Commission on International Trade Law (UNCITRAL) have published a second version of their Draft Code of Conduct for Adjudicators in International Investment Disputes. This new version updates the original draft Code, published near one year ago. According to an ICSID press release, the Code of Conduct "provides applicable principles and detailed provisions addressing matters such as independence and impartiality, and the duty to conduct proceedings with integrity, fairness, efficiency and civility."
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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...
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...