The U.S. has announced the unsealing of war crimes charges in the Eastern District of Virginia against four Russian military officers for their conduct concerning a U.S. civilian national in the context of the Russian invasion of Ukraine in February 2022 (see: U.S. v. Suren Seiranovich Mkrtchyan et al., U.S. District Court, E.D. Va., Case 3:23-cr-00161, Indictment dated December 5). The indictment specifically charges torture, inhuman treatment, unlawful confinement, and conspiracy to commit war crimes. As reported in International Enforcement Law Reporter (subscription required...
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 December 5, 2023, UK Home Secretary James Cleverly signed an agreement with Rwanda concerning asylum seekers. The agreement follows a recent decision by the UK Supreme Court striking down a previous agreement with Rwanda blocking the government's policy of sending asylum seekers to Rwanda because, among other things, it concluded that Rwanda was not a safe third country and as such, returning asylum seekers to Rwanda would violate the principle of non-refoulement as contained in the Refugee Convention. As reported by JURIST, Secretary Cleverly noted that the new agreement "addresses all...
On November 16, the Conference of the Participants of the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine has elected seven members to Register's Board. The Board is responsible for drafting the rules and regulations that govern the Register and, according to a press release from the Council of Europe, it is "ultimately responsible for recording eligible claims in the Register. "
The Board consists of the following members who will serve for a term of three years (with the possibility of one further three year term): Yulia Kyrpa (Ukraine), Norbert...
On November 16, 2023, the International Court of Justice (ICJ) issued an order organizing proceedings for rendering an advisory opinion on the question of whether the right of workers to strike is protected under the Freedom of Association and Protection of the Right to Organize Convention of 1948. The ICJ decided that the International Labor Organization (ILO) and States parties to the Convention “are considered likely to be able to furnish information on the question submitted to the Court….” Additionally, the six consultive organizations of the ILO “(the International Organization of...
On December 1, 2023, the International Court of Justice indicated provisional measures in the case of Arbitral Award of 3 October 1899 (Guyana v. Venezuela). Guyana requested that the Court order Veneuzela to refrain from holding a referendum planned for December 3, 2023, that Guyana argued was aimed at "abandon[ing the current proceedings before the Court], and to resort instead to unilateral measures to 'resolve' the controversy with Guyana by formally annexing and integrating into Venezuela all of the territory at issue in these proceedings, which comprises more than two-thirds...
The European Court of Human Rights (ECtHR) handed down a unanimous decision on November 23, 2023, in a case brought by former Polish President Lech Walesa against the Polish Government. The Court concluded that a Polish Appeals Court, the Chamber of Extraordinary Review and Public Affairs (CERPA), had violated Walesa’s right to an independent and impartial trial, breached “the principle of legal certainty,” and violated his right to respect for private and family life. The Court found that the CERPA “was not an ‘independent and impartial tribunal established by law’” and was often used by...
On November 16, 2023, the International Court of Justice voted 13 – 2 in favor of issuing a binding Order in the case of Canada and the Netherlands v. Syrian Arab Republic. The Order adopted two provisional measures, which require Syria to prevent acts of torture and other cruel punishment, ensure that its officials and organizations do not commit torture or other cruel punishments, and preserve any evidence related to the allegations of the case. A Request for the Indication of Provisional Measures seeking such an order had been entered on June 8, 2023, by Canada and the...
The former President, Prime Minister, and Finance Minister of Sri Lanka have been found to have breached the public’s trust for their mismanagement of the country’s economy. Their mismanagement had led to an economic crisis and what the Court described on page nine of its decision as “a total breakdown of [the] economic and social life of the entire society.” JURIST has reported that the Court found the officials, Gotabaya, Mahinda, and Basil Rajapaksa (who also happen to be brothers), in violation of Article 12(1) of the Sri Lankan Constitution. Article 12(1) states that “all persons are...
The European Union has condemned the increasing violence and atrocities being committed by the Rapid Support Forces (RSF) in the Western Darfur region of Sudan. The EU cited “credible eyewitness reports” of major attacks on the Masalit community in recent days which resulted in over one thousand deaths. The EU statement noted that “these atrocities are seemingly part of a wider ethnic cleansing campaign conducted by the RSF,” a campaign which began with an initial wave of violence in June. The statement reminded those involved of their international legal duties owed to the people within...
The OECD and G20 recently announced the release of a new Multilateral Convention (MLC) that will implement OECD Pillar One and address tax challenges created by globalization and digitalization. According to the release, the new convention “reallocate[es] taxing rights to market jurisdictions” for the share of profits made by large enterprises operating in their markets “regardless of physical presence,” it “repeals and prevents proliferation of digital service taxes…, secures measures to avoid double taxation, and enhances stability and certainty in the international tax system.” The MLC...