On Friday, December 11, 2020, the International Court of Justice issued its judgment in Equatorial Guinea v. France, concerning “the immunity from criminal jurisdiction of the Second Vice-President of the Republic of Equatorial Guinea in charge of Defence and State Security [Mr. Teodoro Nguema Obiang Mangue], and the legal status of the building which houses the Embassy of Equatorial Guinea in France.” The dispute originated with a complaint by Transparency International (filed with the Paris Public Prosecutor) against several African Heads of State and their family members...
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 Monday, December 7, the Council of the European Union (EU) adopted Decision 2020/1999 and Regulation 2020/1998, together establishing a mechanism to sanction serious human rights violations and abuses. The legal basis for the regulation is Article 215 of the Treaty on the Functioning of the European Union, which permits the Council to adopt measures providing for "the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries" in relation to the EU's Common Foreign and Security Policy under Chapter 2 of Title V of the Treaty on...
On December 4, 2020, the African Court on Human and Peoples’ Rights delivered an Advisory Opinion related to a request by the Pan African Lawyers Union (PALU) on the compatibility of vagrancy laws with the African Charter on Human and Peoples’ Rights and other human rights instruments applicable in Africa. In particular, PALU contended that several member states of the African Union have laws in force that criminalize “the status of individuals as being poor, homeless or unemployed as opposed to specific reprehensible acts” (generally referred to by PALU as “vagrancy laws”). PALU alleged...
On November 27, 2020, the African Court on Human and Peoples' Rights delivered five judgments involving Benin, Ghana, Mali, and Rwanda. Each of the judgments are now available on the Court’s website.
The case of Akwasi Boateng and Others v. Republic of Ghana involved the alleged confiscation by force of lands belonging to the Applicants, following a boundary dispute between the Twifo Hemang Community and the Morkwa Community, but was dismissed after a finding that the Court lacked temporal jurisdiction to consider the Application.
In Léon Mugesera v. Republic of...
On November 15, 2020, fifteen Asia-Pacific states signed the Regional Comprehensive Economic Partnership, after nearly a decade of negotiations. According to the agreement's preamble, the parties aim to "broaden and deepen economic integration in the region," "create new employment opportunities, raise living standards, and improve the general welfare of their peoples," and "establish clear and mutually advantageous rules to facilitate trade and investment, including participation in regional and global supply chains." The agreement establishes a partnership and free trade area and sets...
On November 10, 2020, the Economic Community of West African States (ECOWAS) Court held that the Republic of Guinea violated the human rights of protesters at a 2012 conflict in the village of Zoghota. The conflict resulted in six deaths and the unlawful arrest, injury, or torture of 15 others. The conflict was a result of demonstrations against the abusive practices of a nearby iron-ore mining project. According to Reuters, the Court found that, "Guinea violated the right to life, the right not to be subject to torture or to inhuman or degrading treatment, the right not to be arrested or...
On November 10, 2020, International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda warned the UN Security Council that the failure of States and parties to arrest and surrender fugitives constitutes a “major stumbling block” in obtaining justice for atrocity crime victims throughout Libya. While the warring Libyan parties signed a ceasefire agreement on October 23, 2020, the Prosecutor noted two investigations and “deeply disturbing” reports of recent actions that constitute crimes under the Rome Statutes. Prosecutor Bensouda stated, “Victims of atrocity crimes in Libya must be...
The International Court of Justice published its report for the period August 1, 2019 to July 31, 2020. At fifty pages, the bulk of the report is focused on the Court's judicial activities during this period. The report indicates that the Court issued three judgments; indicated provisional measures in one case; and handed down seven procedural orders. As indicated in the summary of the report:
The pending contentious cases concern eight States from the Group of Asian and Pacific States, eight from the Group of Latin American and Caribbean States, six from the Group of African States...
The U.S. has officially left the Paris Climate Agreement. President Trump announced his intention to withdraw the U.S. from the Paris Agreement in 2017. However, the Agreement prohibited any country from providing a notice of withdrawal until three years after the date of ratification—in the case of the U.S., November 4, 2016. The Trump Administration formally notified the United Nations of the U.S.’s intention to withdraw from the Agreement in November 2019. Due to the 12-month notice requirement in the Agreement, the U.S.’s withdraw officially went into effect today.
The Paris...
On October 21, 2020, the Organization of American States (OAS) General Assembly adopted two resolutions on the right to free and fair elections. The first, aimed at Nicaragua, specifically focuses on "restoring democratic institutions and respect for human rights . . . through free and fair elections." The OAS General Assembly expresses concern that Nicaragua has not implemented a number of measures previously agreed upon, such as the release of all political prisoners, and it "not[ed] with alarm" the use of legislation to intimidate political opponents, in particular, pro-democracy groups...