On September 22, 2022, the Supreme Court Chamber (SCC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) pronounced its judgment against Khieu Samphan, a key figure in the Khmer Rouge regime that ruled the country in the late 1970s. The appellate SCC upheld the Trial Chamber's conviction of Khieu Samphan for war crimes and genocide, as well as all but two convictions against him for crimes against humanity. The SCC also found him responsible for additional crimes and affirmed his life sentence. On December 23, 2022, the court published the full written judgment, bringing to a close Case 002/02, the third and final trial at the ECCC.
{"title":"Case 002/02 Against Khieu Samphan (E.C.C.C. Sup. Ct. Chamber)","authors":"J. Ciorciari","doi":"10.1017/ilm.2023.45","DOIUrl":"https://doi.org/10.1017/ilm.2023.45","url":null,"abstract":"On September 22, 2022, the Supreme Court Chamber (SCC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) pronounced its judgment against Khieu Samphan, a key figure in the Khmer Rouge regime that ruled the country in the late 1970s. The appellate SCC upheld the Trial Chamber's conviction of Khieu Samphan for war crimes and genocide, as well as all but two convictions against him for crimes against humanity. The SCC also found him responsible for additional crimes and affirmed his life sentence. On December 23, 2022, the court published the full written judgment, bringing to a close Case 002/02, the third and final trial at the ECCC.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"19 6","pages":"937 - 1004"},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139259176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In two cases decided on October 18, 2022, the European Court of Human Rights issued judgments for the first time in complaints alleging racial profiling in police identity checks. The applicants in both cases alleged that the police had selected them for a check due to racial discrimination, and both argued that the state had failed to conduct an effective investigation in response to their complaints. In one case, a unanimous court found a violation of the European Convention on Human Rights, but in the other case, a sharply divided court decided 4–3 that there was no violation. The cases raise serious questions about proof and evidence in racial profiling cases, as well as what policies and procedures would meet the state obligation to ensure an adequate legal framework to protect against racial discrimination.
{"title":"Basu v. Ger. and Muhammad v. Spain (Eur. Ct. H.R.)","authors":"Stephanie Farrior","doi":"10.1017/ilm.2023.39","DOIUrl":"https://doi.org/10.1017/ilm.2023.39","url":null,"abstract":"In two cases decided on October 18, 2022, the European Court of Human Rights issued judgments for the first time in complaints alleging racial profiling in police identity checks. The applicants in both cases alleged that the police had selected them for a check due to racial discrimination, and both argued that the state had failed to conduct an effective investigation in response to their complaints. In one case, a unanimous court found a violation of the European Convention on Human Rights, but in the other case, a sharply divided court decided 4–3 that there was no violation. The cases raise serious questions about proof and evidence in racial profiling cases, as well as what policies and procedures would meet the state obligation to ensure an adequate legal framework to protect against racial discrimination.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135858216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On July 6, 2023, the CJEU issued this judgment concerning the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), to which the EU is a party.
{"title":"Briefly Noted","authors":"","doi":"10.1017/ilm.2023.40","DOIUrl":"https://doi.org/10.1017/ilm.2023.40","url":null,"abstract":"On July 6, 2023, the CJEU issued this judgment concerning the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), to which the EU is a party.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135408177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"United Nations Security Council Resolutions","authors":"","doi":"10.1017/ilm.2023.41","DOIUrl":"https://doi.org/10.1017/ilm.2023.41","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"ILM volume 62 issue 5 Cover and Front matter","authors":"","doi":"10.1017/ilm.2023.42","DOIUrl":"https://doi.org/10.1017/ilm.2023.42","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"ILM volume 62 issue 5 Cover and Back matter","authors":"","doi":"10.1017/ilm.2023.43","DOIUrl":"https://doi.org/10.1017/ilm.2023.43","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"173 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over the course of the period from the end of 2022 to early 2023, requests for advisory opinions on climate change were, for the first time, made to the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR).
{"title":"Res. 77/276 on Request for an Advisory Opinion of the I.C.J. on the Obligations of States in Respect of Climate Change (U.N.G.A.)","authors":"Nathaniel Khng, Kevin Chand, Lucía Solano","doi":"10.1017/ilm.2023.32","DOIUrl":"https://doi.org/10.1017/ilm.2023.32","url":null,"abstract":"Over the course of the period from the end of 2022 to early 2023, requests for advisory opinions on climate change were, for the first time, made to the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR).","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135437361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Under Article 41 of the UN Charter, the Security Council has established 31 sanctions regimes since 1966. Sanctions measures encompass a broad range of enforcement actions not involving the use of armed force. The measures have ranged from comprehensive economic and trade sanctions to more targeted measures such as arms embargoes, travel bans, and financial or commodity restrictions. In recent years, there have been increasing numbers of complaints from humanitarian organizations that sanctions cause or exacerbate humanitarian crises. The UN Office for the Coordination of Humanitarian Affairs (OCHA) has estimated that at least 222 million people were experiencing acute food insecurity at the end of 2022, the largest global food crisis in modern history. At the same time, the countries that need the most assistance are often subject to international sanctions regimes. As of March 2023, UN sanctions applied in nine of the top ten operations of the International Committee of the Red Cross.
{"title":"Res. 2664 (U.N.S.C.) and Res. 52/13 (U.N.H.R.C.)","authors":"Dinah Shelton","doi":"10.1017/ilm.2023.33","DOIUrl":"https://doi.org/10.1017/ilm.2023.33","url":null,"abstract":"Under Article 41 of the UN Charter, the Security Council has established 31 sanctions regimes since 1966. Sanctions measures encompass a broad range of enforcement actions not involving the use of armed force. The measures have ranged from comprehensive economic and trade sanctions to more targeted measures such as arms embargoes, travel bans, and financial or commodity restrictions. In recent years, there have been increasing numbers of complaints from humanitarian organizations that sanctions cause or exacerbate humanitarian crises. The UN Office for the Coordination of Humanitarian Affairs (OCHA) has estimated that at least 222 million people were experiencing acute food insecurity at the end of 2022, the largest global food crisis in modern history. At the same time, the countries that need the most assistance are often subject to international sanctions regimes. As of March 2023, UN sanctions applied in nine of the top ten operations of the International Committee of the Red Cross.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On December 8, 2022, in a case relating to a de-referencing request to an internet search engine operator on the basis of inaccurate information, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered its judgment (the Judgment) on the interpretation of the right to erasure (right to be forgotten) under Article 17 of the EU General Data Protection Regulation 2016/679 (GDPR), and the rights of access and objection under Articles 12 and 14 of the EU Directive 95/46/EC (the Directive), in light of fundamental rights to privacy, protection of personal data, and freedom of expression and information under Articles 7, 8, and 11 of the Charter of Fundamental Rights of the European Union (the Charter). The case establishes that the burden of proof is on the person requesting de-referencing to show manifest inaccuracy of information, but this does not require them to seek a judicial remedy against the website publisher before requesting de-referencing. Although the search engine operator is obliged to carry out checks to confirm the merits of the request, it has no obligation to investigate the facts and probe further with the website publisher. However, it must de-reference where relevant and sufficient evidence is submitted to show manifest inaccuracy, and it must display a warning where it is made aware of judicial proceedings.
{"title":"Case C-460/20, TU, RE v. Google LLC (C.J.E.U.)","authors":"Ozlem Ulgen","doi":"10.1017/ilm.2023.31","DOIUrl":"https://doi.org/10.1017/ilm.2023.31","url":null,"abstract":"On December 8, 2022, in a case relating to a de-referencing request to an internet search engine operator on the basis of inaccurate information, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered its judgment (the Judgment) on the interpretation of the right to erasure (right to be forgotten) under Article 17 of the EU General Data Protection Regulation 2016/679 (GDPR), and the rights of access and objection under Articles 12 and 14 of the EU Directive 95/46/EC (the Directive), in light of fundamental rights to privacy, protection of personal data, and freedom of expression and information under Articles 7, 8, and 11 of the Charter of Fundamental Rights of the European Union (the Charter). The case establishes that the burden of proof is on the person requesting de-referencing to show manifest inaccuracy of information, but this does not require them to seek a judicial remedy against the website publisher before requesting de-referencing. Although the search engine operator is obliged to carry out checks to confirm the merits of the request, it has no obligation to investigate the facts and probe further with the website publisher. However, it must de-reference where relevant and sufficient evidence is submitted to show manifest inaccuracy, and it must display a warning where it is made aware of judicial proceedings.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122281841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On November 23, 2022, the Supreme Court of the United Kingdom delivered its judgment on whether the Scottish Parliament has legislative competence to introduce a Scottish Independence Referendum Bill (the Bill) to hold a referendum in Scotland asking the question, “Should Scotland be an independent country?”, or whether this relates to reserved matters to the Union of the Kingdoms of Scotland and England and the Parliament of the United Kingdom under Schedule 5 to the Scotland Act of 1998 (the Act). The Court unanimously concluded that the proposed Bill relates to reserved matters and cannot be lawfully legislated by the Scottish Parliament. The case raises issues about the extent of legislative competence of a UK devolved nation, and whether it can lawfully exercise the right to self-determination under international law when a constitutional framework does not recognize legislative competence to hold an independence referendum.
{"title":"Devolution Issues Under the Scotland Act 1998, Reference by the Lord Advocate (U.K. Sup. Ct.)","authors":"Ozlem Ulgen","doi":"10.1017/ilm.2023.30","DOIUrl":"https://doi.org/10.1017/ilm.2023.30","url":null,"abstract":"On November 23, 2022, the Supreme Court of the United Kingdom delivered its judgment on whether the Scottish Parliament has legislative competence to introduce a Scottish Independence Referendum Bill (the Bill) to hold a referendum in Scotland asking the question, “Should Scotland be an independent country?”, or whether this relates to reserved matters to the Union of the Kingdoms of Scotland and England and the Parliament of the United Kingdom under Schedule 5 to the Scotland Act of 1998 (the Act). The Court unanimously concluded that the proposed Bill relates to reserved matters and cannot be lawfully legislated by the Scottish Parliament. The case raises issues about the extent of legislative competence of a UK devolved nation, and whether it can lawfully exercise the right to self-determination under international law when a constitutional framework does not recognize legislative competence to hold an independence referendum.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116389794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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