Jus cogens: Recent Developments in International Law: August 13, 2024 - August 19, 2024

Courts & Tribunals

  • International Court of Justice
  • International Criminal Tribunal for the Former Yugoslavia (ICTY)
  • International Criminal Tribunal for Rwanda (ICTR)
  • International Tribunal for the Law of the Sea
  • International Criminal Court (ICC)
  • The Special Court for Sierra Leone
  • Permanent Court of Arbitration
  • European Court of Human Rights
  • Iraqi Special Tribunal

International Organizations

  • African Union
  • Asia-Pacific Economic Cooperation
  • Association of Southeast Asian Nations (ASEAN)
  • Council of Europe
  • European Commission
  • International Atomic Energy Agency (IAEA)
  • International Monetary Fund (IMF)
  • International Telecommunication Union
  • League of Arab States
  • North Atlantic Treaty Organization (NATO)
  • Organisation for Economic Co-operation and Development
  • Organisation for the Prohibition of Chemical Weapons
  • Organization of American States (OAS)
  • The World Bank
  • United Nations
  • World Intellectual Property Organization (WIPO)
  • World Trade Organization (WTO)

Treaties

  • Vienna Convention on the Law of Treaties
  • Vienna Convention on the Law of Treaties Between States and International Organizations
  • Charter of the United Nations
  • Vienna Convention on Diplomatic Relations
  • Vienna Convention on Consular Relations
  • Geneva Conventions
  • Hague Convention
  • Convention against Torture
  • Convention on the Law of the Sea
  • Statute of the International Court of Justice
  • Universal Declaration of Human Rights

Publications

  • American University International Law Review
  • American Journal of International Law
  • Berkeley Journal of International Law
  • Boston University International Law Journal
  • Brooklyn Journal of International Law
  • Case Western Reserve Journal of International Law
  • Chicago Journal of International Law
  • Chinese Journal Of International Law
  • Connecticut Journal of International Law
  • Cornell International Law Journal
  • Denver Journal of International Law and Policy
  • Duke Journal of Comparative & International Law
  • Emory International Law Review
  • European Journal of International Law
  • Fordham International Law Journal
  • Harvard International Law Journal
  • Hastings International and Comparative Law Review
  • Indiana International & Comparative Law Review
  • International and Comparative Law Quarterly
  • Journal of International Criminal Justice
  • Leiden Journal of International Law
  • Michigan Journal of International Law
  • NYU Journal of International Law and Politics
  • Stanford Journal of International Law
  • Texas International Law Journal
  • UCLA Journal of International Law and Foreign Affairs
  • Vanderbilt Journal of Transnational Law
  • Virginia Journal of International Law
  • Washington University Global Studies Law Review
  • Wisconsin International Law Journal
  • Yale Journal of International Law

Reference

  • ASIL - The American Society of International Law
  • ASIL Electronic Resource Guide
  • ASIL- EISIL“ - the Electronic Information System for International Law
    EISIL –
	the Electronic Information System for International Law
  • International Law Commission
  • Jus in Bello
  • Legal Information Institute: World Law
  • Max Planck Institute for Comparative Public Law and International Law
  • Peace Palace Library
  • Project on International Courts and Tribunals
  • Treaties in Force (United States)
  • United Nations Treaty Collection

« August 6, 2024 - August 12, 2024 | Main | August 20, 2024 - August 26, 2024 »

Wednesday, 16 August 2024

International Courts & Tribunals at a Glance (No. 12)

International Courts & Tribunals at a Glance, a juscogens.net feature, aims to provide timely notice of recent happenings and trial developments in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

International Court of Justice (ICJ)

New Developments:

Speech by H.E. Judge Rosalyn Higgins, President of the ICJ, At the 58th Session of the International Law Commission (25 July 2024)

Cases currently being heard/under deliberation:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

  • Case Resources

Pulp Mills on the River Uruguay (Argentina v. Uruguay)

  • Case Resources

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Overview of Court Proceedings

Overview of Court Documents

Court Schedule

ICTY Weekly Press Briefing (16 August 2024)

International Criminal Tribunal for Rwanda (ICTR)

Daily Journal

Daily Case Minutes

Judicial Calendar

ICTR Newsletter (June/July 2006)Pdficon_small_4

Latest Decisions

The Special Court for Sierra Leone (SCSL)

Court Schedule (Court Recess 7-18 August)

Court Summary, Week Ended 4 August 2024Pdficon_small_5

Case Resources:

  • The Civil Defence Forces (CDF) Accused
  • The Revolutionary United Front (RUF) Accused
  • The Armed Forces Revolutionary Council (ARFC) Accused
  • Prosecutor v. Charles Taylor

International Criminal Court (ICC)

Hearing Schedule

ICC Newsletter (July 2006)

New Developments:

Statement by the Chief Prosecutor Luis Moreno-Ocampo on the reported death of Raska Lukwiya (14 August 2024)

From the ICC, "Raska Lukwiya has been named in an ICC warrant of arrest charging him with crimes against humanity and war crimes. Lukwiya is alleged to have served in the inner circle of Joseph Kony's highest commanders in the Lord’s Resistance Army (LRA). Lukwiya functioned as Army Commander in early 2004, a period during which the LRA was perpetrating its most deadly attacks upon the civilian population of Northern Uganda. He has been charged on; One count of crimes against humanity-enslavement and three counts of war crimes -cruel treatment of civilians and intentionally directing an attack against a civilian population-pillaging[.] The Ugandan Government is in the process of confirming the identity of the body believed to be that of Raska Lukwiya, and the Office of the Prosecutor of the ICC will, if requested, lend support in this effort."

Situations & Cases:

Situation in Dafur, Sudan

Situation in Central African Republic

Situation in Uganda

Situation in Democratic Republic of Congo

Tuesday, 15 August 2024

This Week in Public International Law Scholarship (No. 19)

This Week in Public International Law Scholarship, a juscogens.net feature, highlights new and notable books and articles concerning public international law. For comments or suggestions, please contact [email protected].

Books:

Jaap Doek, Commentary on the United Nations Convention on the Rights of the Child , Volume 8 Articles 8-9

Maria Rita Saulle & Flaminia Kojanec (eds.), The Rights of the Child: International Instruments

Fernando R. Teson, International Humanitarian Law: Prospects

United Nations, Chemical Weapons Convention, The: Implementation, Challenges and Opportunities

Articles:

George Washington International Law Review, Volume 38, Number 3, 2006

Sean D. Murphy, Foreword--Lawyers and Wars: A Symposium Issue in Honor of Edward R. Cummings

  • John B. Bellinger, II, Introductory Remarks
  • W. Hays Parks, Means and Methods of Warfare
  • Michael Matheson, Continuity and Change in the Law of War: 1975 to 2005: Detainees and POWs
  • Dinah PoKempner, The "New" Non-State Actors in International Humanitarian Law
  • Jane E. Stromseth, New Paradigms for the Jus ad Bellum?
  • Steven Solomon, Internal Conflicts: Dilemmas and Developments
  • David Kaye, The Legal Bureaucracy and the Law of War
  • David Abramowitz, Taking the Bull By the Horns: Congress and International Humanitarian Law
  • Sir Franklin Berman, QC, What do We Expect of Lawyers in Armed Conflict?
  • Honorable Tom Lantos, House of Representatives: In Memory of Edward R. Cummings

Fordham International Law Journal, Volume 29, Number 4, April 2006

  • Philip V. Tisne, Note, THE ICJ AND MUNICIPAL LAW: THE PRECEDENTIAL EFFECT OF THE AVENA AND LAGRAND DECISIONS IN U.S. COURTS

International Organizations Law Review (Netherlands), Volume 3, Number 1, 2006

  • Wessel, Ramses A, Editorial: The UN, the EU and Jus Cogens
  • Amerasinghe, C.F., The Conundrum of Recourse to Force To Protect Persons
  • Raab, Dominic, The International Criminal Court and the Separation of Powers
  • O'Connell, Mary Ellen, A Note on UN v. Parton

Gonzaga Journal of International Law, Volume 10, Issue 1, 2006-2007

Symposium held on February 17-18, 2006 at the University of Washington School of Law in Seattle, Washington, in conjunction with Amnesty International USA.

  • William J. Aceves and Vienna Colucci, Symposium Introduction
  • Lisa Mantel, Fulfilling the Legacy: International Justice 60 Years After Nuremberg
  • John Shattuck, The Legacy of Nuremberg: Confronting Genocide and Terrorism Through the Rule of Law
  • David Matas, From Nuremburg To Rome: Tracing The Legacy Of The Nuremburg Trials
  • Naomi Roht-Arriaza, The Complex Architecture Of International Justice
  • Matt Eisenbrandt, Justice Through Litigation: The Center For Justice And Accountability
  • Sita Balthazar, Gender Crimes And The International Criminal Tribunals
  • Susana SàCouto, Advances And Missed Opportunities In The International Prosecution of Gender-Based Crimes
  • Joseph Margulies, The Right To A Fair Trial In The War On Terror
  • Richard J. Wilson, Military Commissions In Guantanamo Bay: Giving "Full And Fair Trial" A Bad Name
  • Margaret Satterthwaite, Extraordinary Rendition And Disappearances In The "War On Terror"
  • Richard Herz, Text Of Remarks: Corporate Alien Tort Liability And The Legacy Of Nuremburg
  • Susan Burke, Accountability For Corporate Complicity In Torture

Journal of the History of International Law (Netherlands), Volume 8, Number 1, June 2006

  • Scott Andrew Keefer, Building the palace of peace: The Hague Conference of 1899 and arms control in the progressive era
  • Toyoda Tetsuya, L'aspect universaliste du droit international européen du 19ème siècle et le statut juridique de la Turquie avant 1856
  • Bruno Arcidiacono, "Non par la guerre, à la manière des sauvages": Kant et l'avènement de l'état de droit entre les nations
  • Randall Lesaffer, Defensive warfare, prevention and hegemony. The justifications for the Franco-Spanish war of 1635 (Part I)

Hague Yearbook of International Law (Netherlands), 2005, Volume 18

  • INEKE VAN BLADEL, The Iron Rhine Arbitration Case: On the Right Legal Track?: An Analysis of the Award and of its Relation to the Law of the European Community
  • CARLOS ESPALIÚ BERDUD, The Universality of the Work of the International Court of Justice
  • AGNIESZKA SZPAK, A Few Reflections on the Interpretation of Treaties in Public International Law

Journal of Human Rights (United Kingdom), Volume 5, Number 3, July-September 2006

  • Eric A. Heinze, Maximizing Human Security: A Utilitarian Argument for Humanitarian Intervention
  • Costas Douzinas, Postmodern Just Wars and the New World Order

Sunday, 13 August 2024

Security Council Compendium (No. 7)

Security Council Compendium, a juscogens.net feature, provides a comprehensive, concise summary of the work of the United Nations Security Council in an organized, central location and an unbiased, objective manner. For comments or suggestions, please contact [email protected].

Security Council Resolutions

S/RES/1699 (2006) General issues relating to sanctions (8 August 2024)

  • Synopsis of Resolution 1699: The preamble to Resolution 1699 recognizes the "increased cooperation between the International Criminal Police Organization (Interpol) and the Committee established pursuant to Resolution 1267 (1999) (the “1267 Committee”)."[1] This cooperation being a product of Resolution 1617 (2005). Resolution 1699's preamble also notes "that such cooperation with Interpol could also benefit the other sanctions committees established by the Security Council (the “Committees”)" and "that Security Council sanctions measures are often implemented under national law, including criminal law where applicable, and that enhanced cooperation between the United Nations and Interpol would enhance States’ enforcement of those laws." Accordingly, Resolution 1699 requests the Secretary-General "to take the necessary steps to increase cooperation between the United Nations and Interpol in order to provide the Committees with better tools, to fulfil their mandates more effectively, and to give Member States better optional tools to implement those measures adopted by the Security Council and monitored by the Committees." Additionally, Resolution 1699 "encourages Member States to use the tools offered by Interpol, particularly the I-24/7 global police communications system, to reinforce the implementation of such measures and similar measures that may be adopted by the Security Council in the future."

[1] Resolution 1267 Pdficon_small_2 established a committee to implement the directives and provide reports concerning the mandates created by Resolution 1267. Resolution 1267 insists that the Taliban "comply promptly with [the Security Council's] previous resolutions and in particular cease the provision of sanctuary and training for international terrorists and their organizations, take appropriate effective measures to ensure that the territory under its control is not used for terrorist installations and camps, or for the preparation or organization of terrorist acts against other States or their citizens, and cooperate with efforts to bring indicted terrorists to justice." Resolution 1267 also "demands that the Taliban turn over Usama bin Laden without further delay to appropriate authorities in a country where he has been indicted, or to appropriate authorities in a country where he will be returned to such a country, or to appropriate authorities in a country where he will be arrested and effectively brought to justice." The specific measures provided by Resolution 1267 include a ban on Taliban owned or operated flights in all States and a freeze on Taliban funds and resources.

S/RES/1700 (2006) The situation concerning Iraq (10 August 2024)

  • Synopsis of Resolution 1700: The preamble to Resolution 1700 recalls "the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, the mandate of which was extended most recently on 11 August 2005, and reaffirm[s] that the United Nations should play a leading role in assisting the efforts of the Iraqi people and Government in strengthening institutions for representative government, and in promoting national dialogue and unity." Resolution 1700's preamble also "welcomes the request conveyed in the letter of 3 August 2024 from the Foreign Minister of Iraq to the Secretary-General (S/2006/609), expressing the view of the constitutionally elected Government of Iraq that there continues to be a vital role for UNAMI in assisting Iraqi efforts to build a productive and prosperous nation at peace with itself and its neighbours." Resolution 1700 "decides to extend the mandate of [UNAMI] for another period of twelve months" and "expresses its intention to review the mandate of UNAMI in twelve months or sooner, if requested by the Government of Iraq."

S/RES/1701 (2006) The situation in the Middle East (11 August 2024)

  • Synopsis of Resolution 1701: Preamble: In the preamble of Resolution 1701, the Security Council "express[es] its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons." The Security Council, in the preamble, also emphasizes "the need for an end of violence, but at the same time emphasising the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers." The body of Resolution 1701 contains four main parts: 1) a call for the cessation of hostilities, 2) criteria for a permanent cease-fire, 3) the expansion of UNIFIL and its responsibilities, and 4) and an arms/training embargo to any individual in Lebanon, excluding the government of Lebanon and UNIFIL.

        1) Resolution 1701 "calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations." Upon cessation of hostilities, Resolution 1701 calls upon the Lebanese government and UNIFIL "to deploy their forces together throughout the South and calls upon the government of Israel, as that deployment begins, to withdraw all of its forces from southern Lebanon in parallel."[1] After reiterating the Security Council's support of the Blue Line and "the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949," Resolution 1701 asks "the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons."

        2) Next, Resolution 1701 calls upon Israel and Lebanon "to support a permanent ceasefire and a long-term solution based on the following principles and elements:

  • Full respect for the Blue Line by both parties;
  • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorised in paragraph 11, deployed in this area;
  • Full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;
  • No foreign forces in Lebanon without the consent of its government;
  • No sales or supply of arms and related materiel to Lebanon except as authorized by its government;
  • Provision to the United Nations of all remaining maps of land mines in Lebanon in Israel's possession

Resolution 1701 also "requests the secretary general to develop...proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon...and to present to the Security Council those proposals within 30 days."

        3) Additionally, Resolution 1701 authorizes an increase in the force strength of UNIFIL to a maximum of 15,000 troops "in order to supplement and enhance the force in numbers, equipment, mandate and scope of operations."[2] Resolution 1701 provides UNIFIL with new responsibilities, in addition to its original mandate, including to:

  • Monitor the cessation of hostilities;
  • Accompany and support the Lebanese armed forces;
  • Coordinate its activities with the government of Lebanon and the government of Israel;
  • Extend its assistance to help ensure humanitarian access to civilian populations and the voluntary and safe return of displaced persons;
  • Assist the government of Lebanon, at its request, "to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel."

        4) Resolution 1701 also decides "that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft; a. the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and; b. the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorised by the government of Lebanon or by Unifil."

        Administratively, Resolution 1701 extends the UNIFIL mandate until 31 August 2024 and requests the Secretary-General to report to the Security Council within one week on the implementation of Resolution 1701.

[1] "UNIFIL" is the United Nations Interim Force in Lebanon. See http://www.un.org/Depts/dpko/missions/unifil/. UNIFIL provides an excellent mapPdficon_small_3 of its operational territory, including positions and posts.
[2] As of 30 June 2024 UNIFIL consisted of 1,990 troops and approximately 50 military observers. See http://www.un.org/Depts/dpko/missions/unifil/facts.html.

Security Council Meetings

S/PV.5505 (7 August 2024) Côte d'Ivoire [S/PRST/2006/37]

S/PV.5506 (closed) (8 August 2024) Meeting with countries contributing troops to the UN Stabilization Mission in Haiti [Communiqué]

S/PV.5507 (8 August 2024) General issues relating to sanctions [S/RES/1699 (2006); Vote: 15-0-0]

S/PV.5508 (8 August 2024) Middle East situation [no action]

S/PV.5509 (9 August 2024) West Africa [S/PRST/2006/38]

S/PV.5510 (10 August 2024) Iraq [S/RES/1700 (2006); Vote: 15-0-0]

Statements By Security Council President (held by Ghana August 2006)

S/PRST/2006/37 ( 7 August 2024) The situation in Côte d’Ivoire

S/PRST/2006/38 (9 August 2024) Peace consolidation in West Africa

Statements to Press By Security Council President

None issued.

Security Council President and Secretary-General Letters

S/2006/624 (8 August 2024) Letter dated 7 August 2024 from the Secretary-General addressed to the President of the Security Council (Democratic Republic of the Congo - Group of Experts)

S/2006/626 (7 August 2024) Letter dated 7 August 2024 from the Secretary-General addressed to the President of the Security Council (The situation in Qana pursuant to presidential statement (S/PRST/2006/35))

Reports of the Secretary-General

S/2006/628 (8 August 2024) Report of the Secretary-General on Timor-Leste pursuant to Security Council resolution 1690 (2006)

Security Council Monthly Programme of Work (August 2006)

2006 Archived Webcasts of Security Council Meetings


Archives

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