On December 13, 2016, the Colombian Constitutional Court ruled in favor of a plan to accelerate the implementation of the recently signed peace deal with the Revolutionary Armed Forces of Colombia—People's Army (FARC) through an expedited process that avoids the slower, normal route to legislative approval. According to a news article, the ruling “effectively prevents lawmakers from making changes to the deal signed by the government and the rebels Nov. 24.”The new agreement, which involves more concessions from the FARC, came after an initial peace deal was rejected by a plebiscite in...
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 7, 2016, the International Court of Justice delivered its order in Immunities and Criminal Proceedings (Equatorial Guinea v. France) in response to Equatorial Guinea’s request for provisional measures, indicating that France must guarantee the protection of a building presented as housing the diplomatic mission of Equatorial Guinea in Paris in order to ensure its inviolability, while also rejecting France’s request to remove the case from the General List. According to the press release, in June 2016, “Equatorial Guinea instituted proceedings against France with regard...
On December 6, 2016, an International Centre for Settlement of Investment Disputes (ICSID) tribunal ruled that claims made by Churchill Mining PLC against the Republic of Indonesia should be thrown out as certain documents Churchill used to secure the initial licenses to exploit coal reserves in Indonesia were determined to be forged. The plaintiffs alleged that Indonesia improperly revoked their coal-mining rights in violation of the U.K.-Indonesia bilateral investment treaty, though the tribunal ultimately determined that the claims were “based on documents forged to implement a fraud...
On December 5, 2016, the European Council on Refugees and Exiles (Council) released a study analyzing the European Union’s “hot spot” approach to disproportionate migratory pressure within the Union. According to the press release, the Council’s study “reveals that the pressure in these countries is growing and the challenges in accessing protection are multiplying.” A senior policy advisor for the Council added that “[the program] is an experiment, a pilot model of registration and identification at the points of arrival that selects between people seeking asylum and people to be returned...
On December 5, 2016, the White House released a Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force, laying out the domestic and international legal bases for the United States’ use of force throughout the world. As stated in the forward written by President Obama, the report describes “how [the] Administration has ensured that [its] uses of force overseas are supported by a solid domestic law framework and consistent with an international legal framework predicated on the concepts of sovereignty and self-defense embedded in the United Nations Charter...
On December 1, 2016, the U.S. Senate voted unanimously to extend economic sanctions against companies doing business with Iran for ten years. The House voted affirmatively on the sanctions earlier this year with only one vote against and nineteen abstentions. According to reports, President Obama plans to sign the legislation as it will not impact the Iran Deal, though he does not deem the extension necessary. The sanctions have been in place since 1996. Supreme Leader Ayatollah Khamenei of Iran, however, considers the extension a breach of the agreement and stated that “the Islamic...
On November 30, 2016, the United Nations Security Council passed a resolution authorizing new sanctions against North Korea in response to the state’s recent nuclear test on September 19, 2016. The resolution describes the test as a violation of numerous Security Council resolutions and a challenge to the Treaty on Non-Proliferation of Nuclear Weapons as well as other international efforts to stem the tide of nuclear proliferation. According to reports, the new sanctions include an annual cap on North Korean coal exports, a prohibition on North Korean exports of certain metals, a freeze on...
On November 23, 2016, the Supreme Court Chamber of the Extraordinary Chambers of the Courts of Cambodia upheld a ruling of life in prison for two top Khmer Rouge leaders that was on appeal. According to the press release, the Court “upheld Nuon Chea’s and Khieu Samphan’ s convictions for crimes against humanity of murder, persecution on political grounds and other inhumane acts in relation to the evacuation of Phnom Penh immediately after the fall of the city on 17 April 1975.” The Court also “reversed the convictions entered by the Trial Chamber for the crime against humanity of...
On November 18, 2016, the United Nations Security Council issued a resolution reaffirming “its determination to take effective steps to further enhance the relationship between the UN and regional organizations, in particular the African Union.” In the resolution, the Council noted the need for further financial backing support for the African Union from the United Nations. The resolution follows a report by the office of the Secretary-General on strengthening the cooperation between the United Nations and the African Union.
On November 18, 2016, the Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, launched her office’s “Policy on Children” to “assist the Office of the Prosecutor . . . in its efforts to robustly address [crimes against children] in accordance with the Rome Statute.” According to the press release, the policy will “guide the Office in its efforts to hold accountable perpetrators of international crimes against children, bearing in mind their rights and best interests.” The policy was also created through “extensive expert consultations and informed by the insights of...