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{"title":"United Nations Security Council Resolutions","authors":"","doi":"10.1017/ilm.2023.35","DOIUrl":"https://doi.org/10.1017/ilm.2023.35","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":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136222849","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 March 17, 2023, the International Criminal Court (ICC) issued an arrest warrant for Russian President Vladimir Putin. The court alleges that he is responsible for war crimes committed since Russia's invasion of Ukraine on February 24, 2022, including the illegal deportation of Ukrainian children to Russia. The Russian commissioner for children's rights, Maria Lvova-Belova, is also wanted by the ICC.
{"title":"Briefly Noted","authors":"","doi":"10.1017/ilm.2023.34","DOIUrl":"https://doi.org/10.1017/ilm.2023.34","url":null,"abstract":"On March 17, 2023, the International Criminal Court (ICC) issued an arrest warrant for Russian President Vladimir Putin. The court alleges that he is responsible for war crimes committed since Russia's invasion of Ukraine on February 24, 2022, including the illegal deportation of Ukrainian children to Russia. The Russian commissioner for children's rights, Maria Lvova-Belova, is also wanted by the ICC.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136222842","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 January 5, 2023, the U.S. Justice for Victims of War Crimes (JVWC) Act was signed into law. The legislation closed long-recognized gaps in U.S. federal jurisdiction for holding accused war criminals accountable. Prior to the JVWC, the federal war crimes statute provided jurisdiction over war crime offenses committed anywhere, but only if the victim or offender was a member of the U.S. Armed Forces or a U.S. national. The baseline federal statute of limitations also applied, meaning the United States could only bring charges within five years of the crime occurring.
{"title":"The Justice for Victims of War Crimes Act (U.S.)","authors":"A. R. Pearlman","doi":"10.1017/ilm.2023.28","DOIUrl":"https://doi.org/10.1017/ilm.2023.28","url":null,"abstract":"On January 5, 2023, the U.S. Justice for Victims of War Crimes (JVWC) Act was signed into law. The legislation closed long-recognized gaps in U.S. federal jurisdiction for holding accused war criminals accountable. Prior to the JVWC, the federal war crimes statute provided jurisdiction over war crime offenses committed anywhere, but only if the victim or offender was a member of the U.S. Armed Forces or a U.S. national. The baseline federal statute of limitations also applied, meaning the United States could only bring charges within five years of the crime occurring.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"167 1","pages":"1084 - 1088"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139357192","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 1, 2022, the International Court of Justice (ICJ) rendered its judgment in the Dispute Concerning the Status and Use of the Waters of the Silala (Chile v. Bolivia). There is no basin agreement governing the Silala, and Chile and Bolivia have ratified neither the 1997 Convention on the Law of Non-Navigational Uses of International Watercourses nor the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes. In the absence of a treaty regime applicable to the waters of the Silala River, the Court had the opportunity in this case to consider the legal framework applicable to international watercourses under customary international law.
{"title":"Dispute Over the Status and Use of the Waters of the Silala (Chile v. Bol.) (I.C.J.)","authors":"Komlan Sangbana","doi":"10.1017/ilm.2023.26","DOIUrl":"https://doi.org/10.1017/ilm.2023.26","url":null,"abstract":"On December 1, 2022, the International Court of Justice (ICJ) rendered its judgment in the Dispute Concerning the Status and Use of the Waters of the Silala (Chile v. Bolivia). There is no basin agreement governing the Silala, and Chile and Bolivia have ratified neither the 1997 Convention on the Law of Non-Navigational Uses of International Watercourses nor the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes. In the absence of a treaty regime applicable to the waters of the Silala River, the Court had the opportunity in this case to consider the legal framework applicable to international watercourses under customary international law.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116672282","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 August 1, 2022, the Grand Chamber of the Court of Justice of the European Union (Court of Justice) published its judgment on the joined cases of Sea Watch eV against the Italian Ministero delle Infrastrutture e dei Transporti, the Capitaneria (Harbor Master's Office) di Porto di Palermo, and the Capitaneria di Porto di Porto Empedocle. The Court of Justice's judgment clarifies EU law regarding the additional inspection and detention of a private humanitarian assistance ship. A port state must make a reasonable and justified decision to conduct additional inspections or to detain a ship. The port state must base its decision on serious indications of dangerous operation. However, interpreting the EU law alongside the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for Safety of Life at Sea (SOLAS), the Court of Justice held that a port state cannot justify such additional inspections solely based on an excess of passengers beyond a ship's classification or certifications when that ship is rendering assistance to rescued individuals.
2022年8月1日，欧盟法院大分庭(Court of Justice)公布了海洋观察eV对意大利Ministero delle infrastructure e dei Transporti, Capitaneria(港务长办公室)di Palermo和Capitaneria di Porto di Porto Empedocle的联合案件的判决。法院的判决澄清了欧盟关于对一艘私人人道主义援助船进行额外检查和拘留的法律。港口国必须作出进行额外检查或扣留船舶的合理和正当的决定。港口国必须根据危险操作的严重迹象作出决定。然而，结合《联合国海洋法公约》(UNCLOS)和《国际海上人命安全公约》(SOLAS)对欧盟法律的解释，法院认为，港口国不能仅仅以船舶的船级或证书以外的乘客数量过多为理由，证明在船舶向获救人员提供援助时进行额外检查是正当的。
{"title":"Sea Watch v. Ministero Delle Infrastrutture e Dei Transporti (C.J.E.U.)","authors":"Garrett Giffin","doi":"10.1017/ilm.2023.29","DOIUrl":"https://doi.org/10.1017/ilm.2023.29","url":null,"abstract":"On August 1, 2022, the Grand Chamber of the Court of Justice of the European Union (Court of Justice) published its judgment on the joined cases of Sea Watch eV against the Italian Ministero delle Infrastrutture e dei Transporti, the Capitaneria (Harbor Master's Office) di Porto di Palermo, and the Capitaneria di Porto di Porto Empedocle. The Court of Justice's judgment clarifies EU law regarding the additional inspection and detention of a private humanitarian assistance ship. A port state must make a reasonable and justified decision to conduct additional inspections or to detain a ship. The port state must base its decision on serious indications of dangerous operation. However, interpreting the EU law alongside the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for Safety of Life at Sea (SOLAS), the Court of Justice held that a port state cannot justify such additional inspections solely based on an excess of passengers beyond a ship's classification or certifications when that ship is rendering assistance to rescued individuals.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125015746","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 15, 2022, the International Criminal Court's Appeals Chamber unanimously confirmed Dominic Ongwen's convictions for crimes against humanity and war crimes and, by majority vote, confirmed his sentence of twenty-five years' imprisonment.
{"title":"Situation in Uganda (Prosecutor v. Dominic Ongwen) (Judgment on Appeal) (Int'l Crim. Ct. App. Chamber)","authors":"Arthur Traldi","doi":"10.1017/ilm.2023.27","DOIUrl":"https://doi.org/10.1017/ilm.2023.27","url":null,"abstract":"On December 15, 2022, the International Criminal Court's Appeals Chamber unanimously confirmed Dominic Ongwen's convictions for crimes against humanity and war crimes and, by majority vote, confirmed his sentence of twenty-five years' imprisonment.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"351 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115974421","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 September 15, 2022, the African Committee of Experts on the Rights and Welfare of the Child (hereinafter ACERWC or Committee) issued its decision in the matter of Legal and Human Rights Centre and Centre for Reproductive Rights v. Tanzania. This case is related to the practice of forced pregnancy testing in schools in Tanzania and the later expulsion of girls who are found to be pregnant and/or married. The Communication was presented by the Legal and Human Rights Centre and the Centre for Reproductive Rights, on behalf of Tanzanian girls. This decision represents an important contribution to the line of international cases advancing the rights of girls under 18 years old, in particular in the areas of sexual and reproductive health and education, exemplified by increasing jurisprudence issued by regional human rights bodies.
{"title":"Legal & H.R. Centre and Centre for Reproductive Rights (on behalf of Tanzanian girls) v. Tanz. (Afr. Committee of Experts on the RTS & Welfare of the Child (ACERWC))","authors":"Rosa M. Celorio","doi":"10.1017/ilm.2023.18","DOIUrl":"https://doi.org/10.1017/ilm.2023.18","url":null,"abstract":"On September 15, 2022, the African Committee of Experts on the Rights and Welfare of the Child (hereinafter ACERWC or Committee) issued its decision in the matter of Legal and Human Rights Centre and Centre for Reproductive Rights v. Tanzania. This case is related to the practice of forced pregnancy testing in schools in Tanzania and the later expulsion of girls who are found to be pregnant and/or married. The Communication was presented by the Legal and Human Rights Centre and the Centre for Reproductive Rights, on behalf of Tanzanian girls. This decision represents an important contribution to the line of international cases advancing the rights of girls under 18 years old, in particular in the areas of sexual and reproductive health and education, exemplified by increasing jurisprudence issued by regional human rights bodies.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122150384","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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