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.
U.S. Withdrawal from Paris Climate Agreement Effective Today
| By: Joseph McGuire : November 04, 2020 |

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...

OAS Adopts Resolutions on Elections in Venezuela and Nicaragua
| By: Justine N. Stefanelli : October 23, 2020 |

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...

Russian Officials and Research Institute Sanctioned over Navalny Poisoning
| By: Justine N. Stefanelli : October 20, 2020 |

The United Kingdom (UK) and the European Union (EU) have sanctioned Russia over the poisoning of Alexei Navalny in August of this year. Both sets of sanctions targeted six individuals and the State Scientific Research Institute for Organic Chemistry and Technology, and include a travel ban and asset freeze. As reported by JURIST, Kremlin spokesman Dmitry Peskov has indicated that "Russia will respond in kind" and refutes the reasoning behind the imposition of the sanctions.

UAE Peace Agreement Approved by Israel Cabinet
| By: Justine N. Stefanelli : October 14, 2020 |

On Monday, October 12, 2020, the Israeli Cabinet unanimously approved the Abraham Accords Peace Agreement with the United Arab Emirates. According to a press release, Prime Minister Netanyahu called the Agreement "historic" and noted that it "is the first peace agreement that Israel has signed in over 25 years." He further stated that

This agreement is different from its predecessors in that Israel is not conceding any territory whatsoever. Second, the economic component in it is very dominant, and the economic aspects will be very good for all citizens of Israel. Third, this...

ECtHR Judgment on Police Brutality against Protestors at Bolotnaya
| By: Justine N. Stefanelli : October 13, 2020 |

On October 13, 2020, the Third Section of the European Court of Human Rights (ECtHR) issued its judgment in Zakharov and Varzhabetyan v. Russia, a case implicating Articles 3 (degrading treatment and effective investigation) and 11 (freedom of peaceful assembly). The applicants in the case were part of a political rally at Bolotnaya Square in Russia on May 6, 2012, which led to a skirmish between the police and the protestors, which eventually was dispersed by the police. According to a Case Information Note from the Court, the applicants had alleged that they were hit on the head...

OFAC Issues ICC Sanctions Regulations
| By: Justine N. Stefanelli : October 01, 2020 |

The U.S. Department of the Treasury's Office of Foreign Asset Control has issued regulations implementing the Administration's Executive Order from earlier this year (covered by ILIB), blocking the property of certain persons associated with the International Criminal Court. The Regulations are being published in an "abbreviated" form, and will be supplemented by further, more detailed regulations in the future. The Regulations (in their current form) consist of nine subparts, including 14 defined terms.

Bill on Rohingya Introduced In Senate
| By: Justine N. Stefanelli : September 30, 2020 |

A bill was introduced in the Senate last week, aimed at "requir[ing] a determination as to whether crimes committed against the Rohingya in Burma amount to genocide; to the Committee on Foreign Relations." The bill was introduced by Senator Edward Markey of Massachusetts. Congress.gov does not currently house a copy of the bill, or a summary, but you can sign up for alerts on the progress of the bill. We will also update this webpage once the text is available.

Afr. Ct. H.P.R. Publishes Summaries of Recent Judgments
| By: Justine N. Stefanelli : September 29, 2020 |

The African Court on Human and Peoples' Rights has published summaries of seven recent judgments (two in French only at time of writing). Summaries currently available in English include:

App. No. 011/2015 – Christopher Jonas v. United Republic of Tanzania Judgment on reparations arising from a merits decision in 2017 concerning violation of Article 7(1)(c) of the African Charter on Human and Peoples’ Rights (the Charter) for failing to provide the Applicant with free legal assistance during his trial.

App. No. 033/2015 – James Wanjara and Others v. United...

Afr. Ct. H.P.R. Publishes Revised Rules of Court
| By: Justine N. Stefanelli : September 29, 2020 |

The African Court on Human and Peoples' Rights published its Revised Rules of Court, which were adopted on September 1, 2020, and entered into force on September 25, 2020. According to the Court, the new Rules "seek to enhance the effectiveness of the Court by, among other things, facilitating access to the Court, improving the management of cases as well as ensuring better implementation of the decisions of the Court." The new Rules can be accessed here.

UN Special Rapporteur Addresses Conflict and Upcoming Election in Myanmar
| By: Emma Schoenberger : September 28, 2020 |

In a statement released on September 22, 2020, Thomas Andrews, UN Special Rapporteur, “called for an immediate ceasefire in Rakhine State [Myanmar].” Andrews highlighted the rising number of children who had been killed in the conflict and the impact of COVID-19 on the upcoming election. The press release states “that the government is imposing ‘vague and subjective criteria’ to restrict the right to freedom of expression for political candidates” and that Andrews has “‘seen no evidence that …[it] is … prepared to facilitate the right to vote for hundreds of thousands of … Rohingya.’” In...

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