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.
| By: Şeymanur Yönt : December 02, 2021 |

On November 30, 2021, the 5th Senate (State Security [Staatsschutzsenat]) of the Higher Regional Court Frankfurt/Main (Oberlandesgericht Frankfurt am Main) sentenced an Iraqi man, Taha Al-Jumailly who is an ISIS member, to life imprisonment for “genocide and other criminal offences.” According to a press release from the Court, the Court found Taha Al-Jumailly “guilty of genocide in combination with a crime against humanity resulting in death, a war crime against persons resulting in death, aiding and abetting a war crime against persons.” The Court stated that the ISIS carried...


| By: Şeymanur Yönt : November 30, 2021 |

On November 26, 2021, the Second Chamber of the Federal Criminal Court in Buenos Aires confirmed that, under the principle of universal jurisdiction, it would launch a genocide case against senior Myanmar officials for the Myanmar military’s treatment of the Rohingya. Read more about the case in the FT (subscription required) or in a press release by the Burmese Rohingya Organisation UK (BROUK)


| By: Şeymanur Yönt : November 30, 2021 |

On November 25, 2021, UNESCO member states adopted a first draft of a Recommendation on the Ethics of Artificial Intelligence (Recommendation) which “defines the common values and principles needed to ensure the healthy development of AI.” According to a UN press release, the Recommendation’s aim is to ensure the ethical development of artificial intelligence by “addressing issues around transparency, accountability, and privacy.”

The Recommendation states that “all actors in the AI system life cycle” should respect, protect, and promote human rights; recognize and promote...


| By: Şeymanur Yönt : November 24, 2021 |

On November 18, 2021, the International Criminal Court (ICC) temporarily suspended its investigation into the Philippines. According to an ICC press release, the Philippines requested deferral of the Office of the Prosecutor’s (Office) investigations and proceedings related to alleged crimes against humanity committed between July 1, 2016 and March 16, 2019 “in the context of the so-called ‘war on drugs’ campaign,” and in the Davao area between November 1, 2011 and June 30, 2016. The Office took the view that it is necessary for a state that requests deferral to demonstrate “concrete and...


| By: Şeymanur Yönt : November 18, 2021 |

 On November 16, 2021, the Court of Justice of the European Union (CJEU) ruled, in the Case C-479/21 PPU Governor of Cloverhill Prison, that Withdrawal Agreement provisions “concerning the European arrest warrant regime with respect to the United Kingdom” and the EU-UK Trade and Cooperation Agreement (TCA) provision “concerning the new surrender mechanism” are binding on Ireland. According to a CJEU press release, the case concerned two fugitives arrested in Ireland who contested their extradition to the UK. The case eventually reached the Irish Supreme Court, which referred the...


| By: Şeymanur Yönt : November 17, 2021 |

On November 17, 2021, the Committee of Ministers of the Council of Europe (CoE) adopted a Second Additional Protocol to the Convention on Cybercrime. According to a CoE press release, “the Protocol provides a legal basis for disclosure of domain name registration information and for direct co-operation with service providers for subscriber information, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies, mutual assistance tools, as well as personal data protection safeguards.”


| By: Şeymanur Yönt : November 17, 2021 |

On November 12, 2021, the European Commission referred Hungary to the Court of Justice of the European Union (CJEU) and requested the CJEU to impose financial sanctions on Hungary for its failure to comply with a CJEU ruling. According to a European Commission press release, Hungary did not address the CJEU’s findings in Case C-808/18 Commission v. Hungary with regard to Hungary’s legislation on the rules and practice in the transit zones at the Serbian-Hungarian border, as well as Hungary’s breach of the Asylum Procedures Directive, the Reception Conditions Directive, and the...


| By: Şeymanur Yönt : November 17, 2021 |

On November 16, 2021, the Court of Justice of the European Union (CJEU) ruled, in Joined Cases C-748/19 to C-754/19, that EU law precludes Poland’s regime which allows the Minister for Justice to second judges to higher criminal courts, as well as to terminate their secondments without any explanation. According to a CJEU press release, the CJEU held that the secondments should provide the necessary guarantees to prevent political control over the judicial decisions. The press release explained that under the Polish law, the Minister for Justice, who is also the Public Prosecutor General,...


| By: Şeymanur Yönt : November 16, 2021 |

On November 11, 2021, the UN General Assembly, after discussing the report (to be issued as document A/76/PV.31) submitted by the International Criminal Court (ICC), adopted a resolution (to be issued as document A/RES/76/5) that called upon non-signatories of the Rome Statute to consider joining the signatory parties. According to a UN press release, the Assembly asked states parties to “adopt national legislation that will implement their obligations and work with The Hague-based Court to carry out its functions.” The resolution also mentioned the importance of implementing the Rome...


| By: Şeymanur Yönt : November 16, 2021 |

On November 12, 2021, ICSID released its 6th Working Paper on “proposed amendments to its procedural rules.” According to an ICSID press release, the 6th Working Paper addresses a few issues that were raised on the “previous iteration of the proposed amendments to the ICSID rules,” and offers changes based on written comments received by November 10, 2021. The proposed changes include the changes in “notice of third-party funding,” “security for costs,” “publication of documents filed in the proceeding,” “participation of non-disputing treaty party,” and “consent of parties to expedited...