On November 17, 2016, the United Nations Security Council issued a resolution renewing the mandate of the Joint Investigative Mechanism in regards to the use of chemical weapons in Syria. The Council also reiterated its decision that Syria should not be allowed to “use, develop produce, otherwise acquire, stockpile or retain chemical weapons, or, transfer, directly or indirectly, chemical weapons to other States or non-State actors.” News reports indicate that both the Syrian government and the Islamic State have used chemical weapons in combat and on civilians. The Mechanism was...
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 November 15, 2016, the U.K. Parliament passed the Investigatory Powers Bill, a controversial piece of legislation that allows authorities to access communications data without judicial approval except in the case of uncovering a press source. According to reports, the legislation also allows authorities to seek communications data or equipment interference in bulk by applying for a warrant. The bill has received muted criticism for increasing the government’s surveillance capabilities to new heights.
On November 15, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution expressing alarm at the escalation of ethnic violence in South Sudan. According to the press release, the Council urged the parties to cease all hostilities and avoid escalating the conflict in the impending dry season, emphasizing that there is no military solution to the conflict. Additionally, “[t]he members of the Security Council signalled their readiness to consider taking additional measures in order to prevent a further escalation of violence and conflict,...
On November 12, 2016, the Colombian government reached a new peace deal with the Revolutionary Armed Forces of Colombia (FARC). According to reports, the new agreement modifies the former deal, which was rejected by voters in a nation-wide plebiscite in August. The new pact includes provisions “for FARC fighters to face jail and community service, for the FARC to turn over financial information, and for investigations of crimes to be commenced within the narrower window of [sic] next two years.” It is not yet clear if the new agreement will also face a referendum. The government and the...
On November 9, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution that renewed authorization for international naval forces to combat piracy off the coast of Somalia. According to the press release, the Council affirmed that while the Somali government had the primary responsibility in the efforts, it “renewed the call upon States and regional organizations that were able to do so to cooperate with those authorities and each other in deploying naval vessels and military aircraft, by providing logistical support, and by seizing and...
On November 9, 2016, the International Labour Organization (ILO) Forced Labour Protocol entered into force. According to the press release, the ratifying member states must now “take effective measures to prevent and eliminate forced labour, and to protect and provide access to justice for victims.” The current high contracting parties are Argentina, the Czech Republic, France, Mali, Mauritania, Niger, Norway, Panama, and the United Kingdom. There are an estimated 21 million victims of forced labor throughout the world.
On November 8, 2016, the United Nations Security Council, acting under its Chapter VII authority, passed a resolution renewing its authorization of the European-led multinational stabilization force in Bosnia and Herzegovina (EUFOR ALTHEA) for another year. According to the press release, “Council members took the floor to urge leaders in Bosnia and Herzegovina to pursue reconciliation under compliance with the Dayton Accord, with most expressing concern over tensions that surrounded the referendum on Republika Srpska Day.” A large portion of the region's Muslim Bosniaks and Catholic...
On November 7, 2016, the Chinese parliament moved to effectively bar two elected Hong Kong politicians from taking office. According to reports, the response came after the two displayed a banner saying "Hong Kong is not China" and pledged allegiance to the "Hong Kong nation" during their swearing-in ceremony. The parliament’s ruling imposes an obligation “that lawmakers must swear allegiance to Hong Kong as part of China and that candidates would be disqualified if they changed the wording of their oath of office or if they failed to take it in a sincere and solemn manner.” On November 15...
On November 6, 2016, reports circulated that Scotland would join the plaintiffs in the legal battle over Parliament’s role in Brexit. A British court ruled last week that Parliament had to authorize the process that would begin the country’s departure from the European Union; an appeal to the country’s highest court is expected before the end of the year. Nicola Sturgeon, the Scottish First Minister, said that “[t]he Scottish government had a representative observing proceedings throughout this case and we are currently considering whether we should now seek to become participants in the...
On November 4, 2016, the Inter-American Commission on Human Rights (IACHR) published its report on the legal standards for persons in the context of human mobility. According to the press release, the purpose of the report “is to lay out the legal standards developed by the Inter-American Commission and the Inter-American Court of Human Rights . . . with regard to the scope and content of the human rights of migrants, asylum seekers, refugees” and other vulnerable groups. To do so, the report looks at the underlying causes of migration in the region, such as “growing socioeconomic...