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.
ECtHR Rules Italy Violated Human Rights in Terra dei Fuochi
| By: Özge Karsu : January 20, 2025 |

On January 20, 2025, the European Court of Human Rights (ECtHR) ruled that Italy violated the right to life (Article 2 of the Convention) and the right to respect for private and family life (Article 8 of the Convention). The ruling was based on Italy’s prolonged failure to address widespread illegal waste dumping by organized criminal groups in the Terra dei Fuochi (Land of Pyres) region near Naples.

The Italian government argued that it had taken sufficient action to mitigate the health impacts of pollution, including intensified cancer screening efforts. However, the...

U.S. Declares Genocide in Sudan Amid Escalating Conflict
| By: Brita Jelen : January 10, 2025 |

On January 7, 2025, U.S. Secretary of State Antony Blinken officially declared that Sudan’s Rapid Support Forces (RSF) and their allied militias have committed genocide amid the nation’s ongoing civil war. This marks a significant escalation in international recognition of the atrocities unfolding in Sudan since conflict erupted in April 2023 between the RSF and the Sudanese Armed Forces (SAF).

This determination follows Blinken’s December...

ICC Issues Arrest Warrants Against Israeli and Hamas Officials
| By: Brita Jelen : December 12, 2024 |

On November 21, 2024, the International Criminal Court (ICC) Pre-Trial Chamber announced the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The warrants cite allegations of war crimes and crimes against humanity committed against the civilian population in Gaza. On the same day, the Chamber also issued an arrest warrant for Mohammed Diab Ibrahim Al-Masri, commonly known as "Deif," the commander of Hamas's al-Qassam Brigades, for alleged crimes against...

ICC Finds Mongolia Violated Rome Statute by Failing to Arrest Putin
| By: Justine N. Stefanelli : October 25, 2024 |

On Thursday, October 24, 2024, the International Criminal Court (ICC) Pre-Trial Chamber II unanimously found that Mongolia violated its obligations under the Rome Statute by failing to comply with the Court's request to arrest and surrender Vladimir Putin while he was visiting Mongolia recently. In particular, Article 87(7) of the Statute reads:

Where a State Party fails to comply with a request to cooperation by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding...

EU Court Recognizes Taliban's Discriminatory Measures Against Afghan Women as Acts of Persecution
| By: Brita Jelen : October 21, 2024 |

On October 4, 2024, the Court of Justice of the European Union (CJEU) ruled that the Taliban's discriminatory measures against women in Afghanistan constitute "acts of persecution" justifying the recognition of refugee status. The ruling comes in response to Austria's refusal to recognize the refugee status of two Afghan women. The two women contested the denial before the Austrian Supreme Administrative Court, which subsequently sought a ruling from the CJEU. The Court's judgment recognizes that some of the restrictions...

EU Invalidates Provisions of FIFA's Player Transfer Procedure
| By: Brita Jelen : October 04, 2024 |

On October 4, 2024, the Court of Justice of the European Union (CJEU) ruled that some provisions in FIFA's Regulations on the Status and Transfer of Players (RSTP) are contrary to EU law, finding that they restrict free movement of workers and are anti-competitive. 

 

The case was brought by Lassana Diarra, a former professional footballer who signed with Russian football...

Council of Europe Opens First Global AI Treaty for Signatures
| By: Maya Prakash : September 18, 2024 |

The Council of Europe drafted and opened the world’s first binding global treaty on AI, human rights, democracy, and the rule of law on Sep. 5, 2024. The treaty, called the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, was signed by the United States, along with the UK, the USA, Israel, Norway, Andorra, Georgia, Iceland, the Republic of Moldova and San Marino.

 

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Canada Sup Ct rules Crown has “dishonorably breached” First Nations Treaty for 150 years
| By: Maya Prakash : August 02, 2024 |

On Jul 26, 2024, the Supreme Court of Canada found that the Crown had ‘dishonorably breached’ its obligations to First Nations groups in Ontario under the Robinson Treaties of 1850. Under the treaties, the Anishinaabe tribes of Lake Huron and Lake Superior agreed to cede their land in exchange for annuities, which were expected to increase when the land was used for production. However, the payments have stayed capped at $4 per beneficiary since 1857, which the SCC deemed a mockery of the agreement made.

The SCC...

ICJ Publishes Advisory Opinion in OPT Case
| By: Sharon Basch : July 23, 2024 |

On July 19, the ICJ delivered its advisory opinion in the above case. The advisory opinion deals with two major issues. The first is whether the ICJ should give an advisory opinion on the issue of Israeli action in the West Bank and East Jerusalem, as Israel is not under the ICJ’s jurisdiction. The opinion, after determining that it should still submit an advisory opinion, discusses settlement issues in the region.

The Court confirmed that it has jurisdiction to give the requested advisory opinion based on Article 65, paragraph 1 of the Statute and Article 96, paragraph 1 of the...

Appeal in 9th Cir Challenging Military and Financial Aid for Israel Dismissed
| By: Sharon Basch : July 18, 2024 |

An appeal to the 9th Circuit Court of the US claiming that the United States diplomatic, military, and financial support violated international law and the Genocide Convention upheld a prior decision to dismiss the case. It was dismissed July 15th, affirming the lower court ruling on the case. The lower court found that the lawsuit was not justiciable, and that it fell under the “political questions doctrine - which includes certain matters from judicial review. The lower court reasoned that the case involved issues of...

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