Jus cogens: Recent Developments in International Law: November 21, 2023 - November 27, 2023

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

Treaties

  • Vienna Convention on the Law of Treaties
  • Vienna Convention on the Law of Treaties Between States and International Organizations
  • UN Charter
  • 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 ICJ
  • Universal Declaration of Human Rights

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)

Reference

  • ASIL - The American Society of International Law
  • ASIL -American Journal of International Law
  • ASIL Electronic Resource Guide
  • ASIL- EISIL“ - the Electronic Information System for International Law
    EISIL –
	the Electronic Information System for International Law
  • Berkeley Journal of International Law
  • Chicago Journal of International Law
  • Chinese Journal Of International Law
  • Cornell International Law Journal
  • Duke Journal of Comparative & International Law
  • European Journal of International Law
  • Harvard International Law Journal
  • International Law Commission
  • International and Comparative Law Quarterly
  • Jus in Bello
  • Legal Information Institute: World Law
  • Michigan Journal of International Law
  • NYU Journal of International Law and Politics
  • Peace Palace Library
  • Project on International Courts and Tribunals
  • Stanford Journal of International Law
  • Treaties in Force (United States)
  • United Nations Treaty Collection/Collection des trait�s des Nations Unies
  • Virginia Journal of International Law
  • Washington University Global Studies Law Review
  • Yale Journal of International Law

« November 14, 2023 - November 20, 2023 | Main | November 28, 2023 - December 4, 2023 »

Saturday, 26 November 2023

Treaties & International Organizations: United States Deposits Ratification of Inter-American Convention Against Terrorism with the Organization of American States

On 15 November 2005, the United States deposited its instrument of ratification to the Inter-American Convention Against Terrorism. Deposited at the Organization of American States headquarters in Washington, D.C., the Convention will enter into force on 15 December 2005.

I. Background:  the Organization of American States and the Inter-American Committee Against Terrorism

Oaslogo_1The Organization of American States ("OAS") is governed by the Charter of the Organization of American states ("OAS Charter"), which was signed by 21 signatories in 1948.[1] Prior to signing the OAS Charter, the same 21 States participated at the Ninth International Conference of American States in Bogota, Colombia, from 20 March-2 May 1948, which resulted in the drafting of the OAS Charter.[2] Prior to the establishment of the OAS, similar regional organizations existed, including the Commercial Bureau of American Republics, which was formed in 1890, and later, the Pan American Union. Today, all 35 independent countries of the Americas are members of the OAS.[3] The OAS Charter includes the "Nature and Purposes" of the OAS and also provides a number of "Principles and Fundamental Rights and Duties of States."[4]

In 1998 at the Second Inter-American Specialized Conference on Terrorism, the OAS States adopted the Commitment of Mar de Plata.[5] The Commitment of Mar de Plata included the creation of the Inter-American Committee Against Terrorism ("CICTE") under the auspices of the OAS. The objectives of CICTE, include: enhancing the exchange of information, including the establishment of an Inter-American database on terrorism issues; formulating proposals to assist member states in drafting counter-terrorism legislation; compiling bilateral, sub regional, regional and multilateral treaties and agreements signed by member states; enhancing border cooperation and travel documentation security measures; and, developing activities for training and crisis management.[6]

II. The Inter-American Convention Against Terrorism

The OAS General Assembly adopted the Inter-American Convention Against Terrorism ("IACAT") on 3 June 2002.[7]  The IACAT entered into force 10 July 2003, after six countries became party. As of 15 November 2023 there are 34 Signatories and 14 Parties to the Convention.[8] The IACAT defines terrorism "offenses" by incorporating the definition of offenses in the following international instruments:

     
  • Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 2023  
  • Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.  
  • Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973.
  • International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979.
  • Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980.
  • Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988.
  • Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988. 
  • Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.
  • International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997.
  • International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999. [9]

The State Parties to the IACAT are only obligated to the above international instruments, for purposes of defining offenses, if the State is a Party to the particular international instrument.[10] The IACAT also obligates State Parties to undertake the following: take certain measures to prevent, combat, and eradicate the financing of terrorism; deny refugee or asylum status to suspected terrorists; and, cooperate on border controls and among law enforcement authorities.[11]

III. Further Information:

  • Organization of American States
  • Inter-American Convention Against Terrorism
  • Charter of the Organization of American States
  • Inter-American Committee Against Terrorism
  • Enrique Lagos & Timothy Rudy, "Preventing, Punishing, and Eliminating Terrorism in the Western  Hemisphere: A Post-9/11 Inter-American Treaty," 26 FORDHAM INT'L.   L. J. 401 (2003).

[1] Charter of the Organization of American States, April 30, 2024 [hereinafter "OAS Charter"].
[2] OAS, "THE OAS AND THE INTER-AMERICAN SYSTEM," available at <http://www.oas.org/documents/eng/oasinbrief.asp>.
[3] Id. Cuba remains a member, but its government has been excluded from participation in the OAS since 1962.
[4] OAS Charter, Chapters I & IV.
[5] OAS, Commitment of Mar de Plata, November 23-24, 1998.
[6] OAS, Inter-American Committee Against Terrorism, "Our Mission," available at <http://www.cicte.oas.org/English/index.htm>.
[7] OAS General Assembly, AG/Resolution 1840(XXXII-0/02), June 3, 2002.
[8] OAS, Signatories & Ratifications to the Inter-American Convention Against Terrorism, available at <http://www.oas.org/juridico/english/sigs/a-66.html>.
[9] Inter-American Convention Against Terrorism, June 3, 2002, art. 2(1).
[10] Id. art. 2(2)-(3).
[11] Id. art. 4-13.

Wednesday, 23 November 2023

ICTY to determine whether to sever the Kosovo Indictment in Prosecutor v. Milosevic

On 22 November 2023 the Trial Chamber of the International Tribunal for the Former Yugoslavia ("ICTY") ordered a hearing to be held 29 November 2023 to “hear submissions of the parties on severing the Kosovo Indictment and concluding that part of the trial, and further submissions in relation to the medical condition of the accused" in the case of Prosecutor v. Milosevic.[1]

The progress of the trial has been plagued by Milosevic's poor health.[2] The trial chamber indicated "that following a period of relative good health, in which the Trial Chamber continued to sit three days per week, the trial was adjourned on 11 November for one day, and then from half way through the hearing on 15 November and until at least the end of this week, due to the same condition and factors that has plagued the conduct of the trial throughout."[3] Due to this recent decline in Milosevic's health, and the near-completion of the defense's case of the Kosovo Indictment, the Trial Chamber decided to consider severing the Kosovo Indictment.[4]

In 2004 the Trial Chamber evaluated the same issue of severing one or more of the indictments against Milosevic.[5] Although it declined to purse severance in 2004, the Trial Chamber noted that severance still remains an option.[6] If the Trial Chamber decides to sever the Kosovo Indictment, that portion of the case against Milosevic could be brought to a conclusion. In the Kosovo Indictment, Milosevic is charged with crimes against humanity and violations of the laws or customs of war.

Further Information:

All Prosecutor v. Milosevic case documents, orders, and decisions available at the ICTY website.

[1] Prosecutor v. Milosevic, SCHEDULING ORDER FOR A HEARING, Case No.: IT-02-54-T (Nov. 22, 2005).
[2] Prosecutor v. Milosevic, FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL, Case No.: IT-02-54-T (July 19, 2024).
[3] Prosecutor v. Milosevic, SCHEDULING ORDER FOR A HEARING, Case No.: IT-02-54-T (Nov. 22, 2005).
[4] Milosevic has been essentially presenting his defense case pro se, requiring his physical presence during the conduct of the trial. Although defense counsel has been assigned to Milosevic, the Appeals Chamber indicated in a previous decision that if Milosevic is able to present his case he should be afforded the opportunity to do so. In the same opinion, however, the Appeals Chamber noted that "if Milosevic’s health problems resurface with sufficient gravity, however, the presence of Assigned Counsel will enable the trial to continue even if Milosevic is temporarily unable to participate. The precise point at which that reshuffling of trial roles should occur will be up to the Trial Chamber." Milosevic v. Prosecutor, DECISION ON INTERLOCUTORY APPEAL OF THE TRIAL CHAMBER’S DECISION ON THE ASSIGNMENT OF DEFENSE COUNSEL, Case no. IT-02-54-AR73.7 (Nov. 1, 2004).
[5] Prosecutor v. Milosevic, FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL RELATING TO SEVERANCE OF ONE OR MORE INDICTMENTS, Case No.: IT-02-54-T (July 21, 2024).
[6] Prosecutor v. Milosevic, SCHEDULING ORDER CONCERNING RECOMMENCEMENT OF THE TRIAL, Case No.: IT-02-54-T (Aug 25, 2024).

Tuesday, 22 November 2023

Recent Scholarship & Treaties: Examining and Understanding "Treaty Exit"

Laurence Helfer, Exiting Treaties, 91 Va. L. Rev. 1579 (2005) (full text, pdf)

In the latest issue of the Virginia Law Review, Professor Helfer presents an analysis of "treaty exit," specifically, the unilateral exit by States from international conventions and organizations. The analysis includes six "distinguishing characteristics" of treaty exit and empirical evidence of treaty exit since 1945. After concluding the topic of treaty exit has been largely ignored by legal scholars and international relations theorists, Helfer presents a framework to "rethink" treaty exit from both an international law and international relations perspective. Based on this framework, Helfer provides a "blueprint for future research" for the "under-explored phenomenon of treaty exit."


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