Jus cogens: Recent Developments in International Law

This Week in Public International Law Scholarship (No. 30)

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

Books:

Kelly D. Askin, Women And International Human Rights Law

Nancy Amoury Combs, Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach

Daniel G. Partan, International Law Processes

Michael P. Scharf, The Law of International Organizations: Problems and Materials, Second Edition

Ralph G. Steinhardt, International Human Rights: Cases and Materials

Articles:

International Review of the Red Cross (Switzerland), Volume 88, Number 862, June 2006

• Yasmin Naqvi, The right to the truth in international law: fact or fiction?
• Elizabeth Salmón., Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience
• Monique Crettol and Anne-Marie La Rosa, The missing and transitional justice: the right to know and the fight against impunity
• Toni Pfanner, Cooperation between truth commissions and the International Committee of the Red Cross
• Xavier Philippe, The principles of universal jurisdiction and complementarity: how do the two principles intermesh?
• Michael A. Newton, The Iraqi High Criminal Court: controversy and contributions

Cambridge Law Journal (United Kingdom), Volume 65, Issue 3, November 2006

• Roger O'Keefe, CRIMES, THE COURTS AND CUSTOMARY INTERNATIONAL LAW
• Penelope Nevill, QUALIFYING THE HUMAN RIGHTS ACT: DETENTION UNDER SECURITY COUNCIL RESOLUTIONS
• Jillaine Seymour, IMMUNITY FOR TORTURE: THE STATE AND ITS REPRESENTATIVES REUNITED

Oregon Review of International Law, Volume 8, Number 2, Summer 2006

• Ben Chigara, Short-Circuiting International Law
• Luz E. Nagle, Prosecuting the Use of Anti-personnel Mines By Illegal Armed Groups: The Colombian Situation
• Christopher H. Lytton, Blood for Hire: How the War in Iraq Has Reinvented the World's Second Oldest Profession

Max Planck Yearbook of United Nations Law (Germany), Volume 10, 2006

• Schrijver, Nico J., The Future of the Charter of the United Nations
• Hilpold, Peter, The Duty to Protect and the Reform of the United Nations -- A New Step in the Development of International Law?
• Munch, Wolfgang, Wrongdoing of International Civil Servants -- Referral of Cases to National Authorities for Criminal Prosecution
• Schmitt, Michael N., International Law and Military Operations in Space
• Segura-Serrano, Antonio, Internet Regulation and the Role of International Law
• Leininger, Julia, Democracy and UN Peace-Keeping -- Conflict Resolution through State-Building and Democracy Promotion in Haiti

Human Rights Law Review (United Kingdom), Volume 6, Number 3, 2006

• David Kinley and Rachel Chambers, The UN Human Rights Norms for Corporations: The Private Implications of Public International Law
• Olympia Bekou and Sangeeta Shah, Realising the Potential of the International Criminal Court: The African Experience

Rutgers Law Journal Volume 37, Number 3, Spring 2006

• Beth Stephens, FILARTIGA V. PENA-IRALA: FROM FAMILY TRAGEDY TO HUMAN RIGHTS ACCOUNTABILITY
• William R. Casto, THE NEW FEDERAL COMMON LAW OF TORT REMEDIES FOR VIOLATIONS OF INTERNATIONAL LAW
• William R. Casto, REGULATING THE NEW PRIVATEERS OF THE TWENTY-FIRST CENTURY
• Laura A. Dickinson, FILARTIGA'S LEGACY IN AN ERA OF MILITARY PRIVATIZATION
• Richard Henry Seamon, U.S. TORTURE AS A TORT
• Ari Afilalo, LOSING CONTROL (YET AGAIN): THE GLOBALIZATION OF THE ALIEN TORT STATUTE

Security Council Compendium (No. 18)

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/1723 (28 November 2023) The situation concerning Iraq

Synopsis of Resolution 1723: A Chapter VII Resolution, Resolution 1723 extends the mandate of the multinational force in Iraq until 31 December 2023 and "reaffirms the authorization for the multinational force as set forth in resolution 1546 (2004)." Resolution 1723 also "notes that the presence of the multinational force in Iraq is at the request of the Government of Iraq." The authorization of Resolution 1546 referred to by Resolution 1723 states, in part: "the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq." The extension of the mandate created by Resolution 1723 contains the qualification that "the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or no later than 15 June 2007, and declares that [the Security Council] will terminate this mandate earlier if requested by the Government of Iraq." Resolution 1723 also extends "the arrangements established in paragraph 20 of resolution 1483 (2003) for the depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products, and natural gas" until 31 December 2007, which may be reviewed at the request of the Iraqi Government or no later than 15 June 2007.

Resolution 1723 resources:

• United Nations Assistance Mission for Iraq

S/RES/1724 (29 November 2023) The situation in Somalia

Synopsis of Resolution 1724: After a preamble that includes the condemnation of "the significant increase in the flow of weapons and ammunition supplies to and through Somalia, which constitutes a violation of the arms embargo and a serious threat to peace and stability in Somalia," Resolution 1724, a Chapter VII Resolution, "stresses the obligation of all Member States to comply fully with the measures imposed by resolution 733 (1992)." Resolution 733 includes the explicit directive "that all States shall, for purposes of establishing peace and security in Somalia, immediately implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia until the Council decides otherwise." Resolution 1724 also requests the Secretary-General to re-establish both the Committee created by Resolution 733 and the Monitoring Group created by Resolution 1558 (2004) (the Monitoring Group was originally created by Resolution 1519 (2003) and re-established and modified by Resolution 1558) to assist in enforcing the embargo established by Resolution 733. Resolution 1724 also requests that the 733 Committee "recommend to the Council ways to improve implementation of and compliance with the arms embargo, in response to continuing violations."

Security Council Meetings

S/PV.5573 (28 November 2023) Children and armed conflict [no action]

S/PV.5573 (Resumption 1) (28 November 2023) Children and armed conflict [S/PRST/2006/48]

S/PV.5574 (28 November 2023) Iraq [S/RES/1723; Vote: 15-0-0]

S/PV.5575 (29 November 2023) Somalia [S/RES/1724; Vote: 15-0-0]

S/PV.5576 (1 December 2023) Letter dated 22 November 2023 from the Secretary-General addressed to the President of the Security Council [S/PRST/2006/49]

S/PV.5577 (4 December 2023) Civilians in armed conflict [no action]

S/PV.5577 (Resumption 1) (4 December 2023) Civilians in armed conflict [no action]

Statements By Security Council President (November 2006 - Peru; December 2006 - Qatar)

S/PRST/2006/48 (28 November 2023) Children and armed conflict

S/PRST/2006/49 (1 December 2023) Letter dated 22 November 2023 from the Secretary-General addressed to the President of the Security Council (welcoming "the signing on 21 November by the Government of Nepal and the Communist Party of Nepal (Maoist) of a Comprehensive Peace Agreement, and the commitment both parties have stated to transforming the existing ceasefire into a permanent peace")

Statements to Press By Security Council President

SC/8881 (29 November 2023) FIJI

SC/8885 (4 December 2023) PROTECTION OF CIVILIANS IN ARMED CONFLICTS

Security Council President and Secretary-General Letters

S/2006/920 (27 November 2023) Letter dated 22 November 2023 from the Secretary-General to the President of the Security Council (Nepal)

S/2006/923 (29 November 2023) Letter dated 30 October 2023 from the Secretary-General addressed to the President of the Security Council (Special Representative for Timor-Leste and Head of the United Nations Integrated Mission in Timor-Leste (UNMIT))

S/2006/924 (29 November 2023) Letter dated 29 November 2023 from the President of the Security Council to the Secretary-General (Special Representative for Timor-Leste and Head of the United Nations Integrated Mission in Timor-Leste (UNMIT))

S/2006/926 (29 November 2023) Letter dated 28 November 2023 from the Secretary-General to the President of the Security Council (Sudan - Panel of Experts)

S/2006/928 (29 November 2023) Letter dated 21 November 2023 from the President of the Security Council to the Secretary-General (descriptive index to notes and statements by the President of the Council relating to documentation and procedure)

S/2006/930 (1 December 2023) Letter dated 30 November 2023 from the Secretary-General to the President of the Security Council (Special Envoy for the Lord’s Resistance Army’s (LRA)-affected areas)

S/2006/934 (1 December 2023) Letter dated 30 November 2023 from the Secretary-General to the President of the Security Council (United Nations Peacebuilding Support Office in the Central African Republic (BONUCA))

Reports of the Secretary-General

S/2006/906 (20 November 2023) Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo

S/2006/922 (28 November 2023) Third report of the Secretary-General on the United Nations Integrated Office in Sierra Leone

S/2006/931 (1 December 2023) Report of the Secretary-General on the United Nations operation in Cyprus

S/2006/938 (4 December 2023) Report of the Secretary-General on the United Nations Disengagement Observer Force (for the period from 10 June 2024 to 1 December 2023)

Security Council Monthly Programme of Work (as of 1 December 2023)

2006 Archived Webcasts of Security Council Meetings