NEWS & UPDATES

 CILS Newsletter January, 2024


CILS JAN Newsletter.pdf

 CILS Newsletter November, 2023


CILS NOV Newsletter.pdf

 CILS Newsletter September, 2023


CILS SEPT Newsletter.pdf

India passes data protection law amid surveillance concerns

[August 10, 2023]


Indian lawmakers on Wednesday passed a data protection law that will dictate how tech companies process users' data amid criticism that it will likely lead to increased surveillance by the government.


The law will allow companies to transfer some users' data abroad while giving the government power to seek information from firms and issue directions to block content on the advice of a data protection board appointed by the federal government.

Learn more at: https://www.reuters.com/technology/india-passes-data-protection-law-amid-surveillance-concerns-2023-08-09/

Read more at: https://prsindia.org/billtrack/digital-personal-data-protection-bill-2023

New AI systems collide with copyright law

[August 1, 2023]


Kelly McKernan says she "felt sick" when she discovered her artwork had been used to train an artificial intelligence system.


Curiosity spurred her to type her name into a website called Have I Been Trained, which searches LAION, a data set which feeds artificial intelligence (AI) image generators including Stable Diffusion.


She found over 50 pieces of artwork had been uploaded on to LAION.


"Suddenly all of these paintings that I had a personal relationship, and journey with, had a new meaning, it changed my relationship with those artworks," says the watercolour and acrylic illustrator from Tennessee.

Learn more at: https://www.bbc.com/news/business-66231268

Read more at: https://builtin.com/artificial-intelligence/ai-copyright

Read more at: https://brandequity.economictimes.indiatimes.com/news/digital/generative-ai-is-a-minefield-for-copyright-law/101675972

Read more at: https://theprint.in/judiciary/intellectual-property-in-the-age-of-ai-why-delhi-hc-wants-govt-to-relook-patents-act/1576397/

Israeli parliament passes divisive law weakening Supreme Court

[July 24, 2023]


The Israeli parliament, or Knesset, has passed a bill that would overhaul the judiciary and limit its powers despite mass protests from the opposition.


Last minute talks to find a compromise failed to stop the far-right government, led by Prime Minister Benjamin Netanyahu, from pushing ahead with the vote.


The third and final vote on the bill passed 64-0 after a volatile session. The opposition boycotted it in protest and stormed out of the chamber after chanting “shame”.


The law, part of a wider effort to overhaul the judiciary, prevents the Supreme Court from striking down government decisions.

Learn more at: https://www.aljazeera.com/news/2023/7/24/israeli-parliament-passes-divisive-law-weakening-supreme-court

Read more at: https://www.aljazeera.com/news/2023/7/26/analysis-israels-supreme-court-battle-takes-a-pause-but-is-far-from-over

Race-Based Affirmative Action In College Admissions Unconstitutional : US Supreme Court

[June 30, 2023]


Holding that race cannot be considered while granting college admissions to students, the Supreme Court of the United States of America declared as unconstitutional the race-conscious admission policies at the Harvard University and the University of North Carolina, which were being followed as an affirmative action to ensure representation for marginalised and under-represented groups. 


The decision was 6:3 against University of North Carolina and 6:2 against Harvard University, with the liberal judges penning a forceful dissent. Justice Ketanji Brown Jackson recused from hearing the case related to Harvard University.


The ruling came in an appeal filed by a group named 'Students for Fair Admissions (SFFA)', who argued that race-based admission program violated the Equal Protection Clause of the Fourteenth Amendment to the US Constitution.

Learn more at: https://www.livelaw.in/top-stories/race-based-affirmative-action-in-college-admissions-unconstitutional-us-supreme-court-231542

Learn more at: https://indianexpress.com/article/explained/explained-law/us-supreme-court-limits-affirmative-action-colleges-significance-8695597/

Read more at: https://www.bbc.com/news/world-us-canada-65886212


Law panel suggests hardening sedition law: Raise jail term to 7 yrs or life sentence

[June 3, 2023]


Underlining that allegations of misuse do not warrant a repeal of Indian Penal Code Section 124A which criminalises sedition, the Law Commission of India has recommended that the provision be retained with procedural safeguards and enhanced jail term.


This comes at a time when there is widespread criticism of the sedition law.


The Commission, in its 279th report,  recommended amending Section 124A to qualify that the law penalise only those “with a tendency to incite violence or cause public disorder,” and proposed enhancing the jail term up to seven years or life imprisonment. The offence currently carries a jail term up to three years or life imprisonment.

Learn more at: https://indianexpress.com/article/india/law-panel-suggests-hardening-sedition-law-raise-jail-term-to-7-yrs-or-life-sentence-8643163/

Read more at: https://thewire.in/law/law-commission-says-sedition-law-should-stay-recommends-increased-punishment

A Century of Meyer v. Nebraska: The SCOTUS Case that Defined Personal Liberties

[June 2, 2023]


June 4 marks the centennial of Meyer v. Nebraska, in which the US Supreme Court commenced its modern role as the guardian of non-economic personal liberties by striking down laws in Nebraska, Iowa, and Ohio that prohibited the teaching of German to elementary school children. Meyer itself remains a vital cornerstone for the protection of personal liberty, particularly parental rights.


The statutes invalidated in Meyer were among laws restricting foreign language instruction enacted by 22 states shortly after the First World War to promote assimilation of ethnic Americans. These laws also reflected a resurgence of nativism and racism following the war that culminated in a highly restrictive immigration statute in 1924 and the resurgence of the Ku Klux Klan.


The case originated in May 1920 in a Lutheran parochial school in rural Nebraska when a county attorney entered the classroom of Robert T. Meyer in response to reports that the school was violating the statute prohibiting the teaching of German. Although the school provided its regular classes in English, it taught German because the church still conducted religious services and confirmation classes in German.  The county attorney found Meyer speaking German to Raymond Parpart, an eleven-year-old boy who was reading from a book of German language Bible stories.

Learn more at: https://www.jurist.org/commentary/2023/06/meyer-v-nebraska/

Read more at: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/04/meyer-v-nebraska-as-told-by-the-lawyer-who-won-it/

South Africa plans law change over Putin ICC arrest warrant

[June 1, 2023]


South Africa plans to change its law so that it has the power to decide whether or not to arrest a leader wanted by the International Criminal Court (ICC), a deputy minister has told the BBC.


Obed Bapela's remarks come amid intense speculation over whether South Africa stands by its invitation to Russia's President Putin to visit in August.


The ICC has issued an arrest warrant for Mr Putin over the Ukraine war.


South Africa had earlier invited him to attend a summit of Brics leaders.


Russia has not said whether Mr Putin plans to attend the summit.


Meanwhile Pretoria has also granted diplomatic immunity to Russian officials attending, something that its foreign affairs department described as standard procedure.

Learn more at: https://www.bbc.com/news/world-africa-65759630

Read more at: https://www.cbsnews.com/news/south-africa-vladimir-putin-icc-arrest-warrant-ukraine-war-brics-immunity/

US and EU criticize Polish plans for law that could keep opposition from holding office

[May 30, 2023]


The United States and the European Union’s top justice official on Tuesday criticized Polish plans for a law that they say could keep political opponents from holding public office without them having the full powers to challenge the decision in court.


The EU also threatened to take measures if it became fully clear such a law would undermine democratic standards.


Polish President Andrzej Duda has already signed the bill that critics view as primarily targeting opposition leader Donald Tusk, the former EU Council president. Proposed by the ruling conservative Law and Justice party as the country heads toward a parliamentary election in the autumn, the bill will become law a week from its publication, which is expected within days.

Learn more at: https://apnews.com/article/eu-poland-us-antidemocratic-law-rusk-russia-06f6a8455c6957e94689835bfd5032c5

Read more at: https://www.dw.com/en/poland-will-donald-tusk-be-barred-from-holding-office/a-65780554

Read more at: https://notesfrompoland.com/2023/06/02/polish-president-proposes-overhaul-of-russian-influence-law-days-after-signing/

Wrestlers' Protest: ‘Will force govt to change POCSO Act’: WFI chief Brij Bhushan

[May 26, 2023]


Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh, who faces a case under the POCSO Act, on Thursday said the law is being ‘misused’ and under the leadership of seers, "we will force the government to change" it. 


He was speaking to media persons at a meeting here regarding preparations for a rally of seers called by him in Ayodhya on June 5. He has claimed 11 lakh seers will take part in the rally, according to the news agency PTI. 


Top wrestlers of the country, including Vinesh Phogat and Olympic medallists Bajrang Punia and Sakshi Malik, have been staging a sit-in at Jantar Mantar in Delhi since April 23, demanding Singh's arrest for allegedly sexually harassing seven women grapplers, including a minor.

Learn more at: https://www.livemint.com/news/india/wrestlers-federation-of-india-president-brij-bhushan-singh-wrestlers-protest-delhi-jantar-mantar-posco-act-11685070974120.html

Read more at: https://www.deccanherald.com/opinion/wrestlers-protest-is-changing-the-grammar-of-agitation-1221804.html

33 Imran Khan supporters handed over to Army to face trials in military courts

[May 26, 2023]


At least 22 supporters of former Pakistan Prime Minister Imran Khan have been handed over to the Army to face trial in the military courts. They have been charged with trespassing on and attacking sensitive installations of the Armed forces, Interior Minister Rana Sanaullah said on Friday.


The accused are among the thousands detained since the violent protests erupted across Pakistan after Imran Khan’s arrest in a corruption case. Imran Khan was arrested inside the Islamabad High Court, triggering violence and arson across the country.


The political unrest has intensified even as Pakistan is going through the most severe economic crisis in decades. Record-high inflation, sluggish economic growth, and concerns of a possible default on external debts loom as the International Monetary Fund delays the disbursements.

Learn more at: https://www.livemint.com/news/33-imran-khan-supporters-handed-over-to-army-to-face-trials-in-military-courts-11685103226751.html

Read more at: https://www.latestlaws.com/international-news/pakistan-imran-khan-supporters-handed-over-to-army-for-trial-in-military-court-200059

Read more at: https://www.aljazeera.com/news/2023/5/18/pakistans-controversial-army-act-what-is-it-how-does-it-work

Taiwan takes stride towards Marriage equality: Grants right of Adoption to Same-Sex Couples

[May 24, 2023]


On Tuesday, the legislature of Taiwan successfully approved a bill that enables same-sex couples to jointly adopt a child who is unrelated to either of them, marking a significant milestone in their journey towards complete marriage equality.


In 2019, Taiwan made history by becoming the first jurisdiction in Asia to legalise same-sex marriage. However, at that time, it did not extend fully equal rights of adoption to same-sex couples, stopping short of granting them that privilege.


Prior to the recent legislative changes, adoption rights in Taiwan were limited to heterosexual couples & single individuals who sought to adopt children unrelated to them biologically. This created a situation where, if a same-sex couple wished to adopt, only one of them could legally register as the child's parent, even if both individuals shared the responsibilities & duties of raising the child.

Learn more at: https://www.latestlaws.com/international-news/taiwan-takes-stride-towards-marriage-equality-grants-right-of-adoption-to-same-sex-couples-199933

Read more at: https://www.theguardian.com/world/2022/jan/13/same-sex-couple-become-first-in-taiwan-to-legally-adopt-child

Read more at: https://www.abc.net.au/news/2022-02-22/taiwanese-same-sex-couples-push-for-adoption-rights/100646874

Indian Supreme Court upholds Tamil Nadu law allowing bull-taming sport 'Jallikattu'

[May 18, 2023]


Indian Supreme Court on Thursday upheld the Tamil Nadu law which allows the bull-taming sport 'Jallikattu' in the state, as per reports. While delivering the ruling, the apex court said that the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, substantially minimises pain and suffering to animals.


In addition to Jallikattu, the apex court also upheld laws passed by Karnataka and Maharashtra with regard to sports like Kambala and the bull-cart race. It is important to know Supreme Court in May 2014 held that Jallikattu was violative of the rights of the animals. However, later the State government enacted the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017.

Learn more at: https://www.wionews.com/india-news/indian-supreme-court-upholds-tamil-nadu-law-allowing-bull-taming-sport-jallikattu-593556

Read more at: https://thewire.in/law/explained-supreme-court-permission-jallikattu-bovine-sports

Supreme Court shields Twitter from liability for terror-related content and leaves Section 230 untouched

[May 18, 2023]


The Supreme Court handed Silicon Valley a massive victory on Thursday as it protected online platforms from two lawsuits that legal experts had warned could have upended the internet.


The twin decisions preserve social media companies’ ability to avoid lawsuits stemming from terrorist-related content – and are a defeat for tech industry critics who say platforms are unaccountable.


In so doing, the court sided with tech industry and digital rights groups who had claimed exposing tech platforms to more liability could break the basic functions of many websites, and potentially even create legal risk for individual internet users.

Learn more at: https://edition.cnn.com/2023/05/18/politics/supreme-court-twitter-google-social-media/index.html

Read more at: https://www.vox.com/politics/2023/5/18/23728529/supreme-court-google-twitter-clarence-thomas-isis-taamneh-gonzalez

Read more at: https://techpolicy.press/the-supreme-court-finds-terrorism-cases-against-twitter-and-google-lacking-what-does-it-mean-for-the-future-of-big-tech-accountability/

Top French court upholds universal jurisdiction principle for crimes committed in Syria

[May 12, 2023]


France's highest court Friday ruled that the country could try foreign suspects under the universal jurisdiction principle, greenlighting inquiries into two Syrians accused of war crimes and crimes against humanity.


"The court recognises the principle of universal jurisdiction for the French judiciary in two cases concerning Syria," the Court of Cassation said in a statement.


The decision allows for investigations to continue in the cases against former Syrian soldier Abdulhamid Chaban, charged with complicity in crimes against humanity, and Majdi Nema, a former spokesman for the Islamist group Jaysh al-Islam accused of torture and war crimes.

Learn more at: https://www.france24.com/en/france/20230512-top-court-upholds-france-s-universal-jurisdiction-over-crimes-committed-in-syria

Read more at: https://ijrcenter.org/cases-before-national-courts/domestic-exercise-of-universal-jurisdiction/

Imran Khan: Pakistan's Supreme Court rules arrest was illegal

[May 12, 2023]


Pakistan's Supreme Court has ruled that former prime minister Imran Khan's dramatic arrest on corruption charges this week was illegal.


The court ordered Mr Khan's immediate release. His lawyers had argued that his detention from court premises in Islamabad on Tuesday was unlawful.


At least 10 people have been killed and 2,000 arrested as violent protests have swept the country since he was held.


Tuesday's arrest escalated growing tensions between him and the military.


The opposition leader, ousted in a confidence vote in April last year, was brought to court on the orders of Pakistan's top judge.

Learn more at: https://www.bbc.com/news/world-asia-65561807

Read more at: https://www.dawn.com/news/1752306/sc-terms-imrans-arrest-unlawful-directs-him-to-appear-before-ihc-tomorrow

Read more at: https://www.dawn.com/news/1751790/imran-arrest-what-is-the-al-qadir-trust-case

MEPs vote for EU to ratify Istanbul Convention against violence against women

[May 10, 2023]


Several EU countries still refuse to ratify the Istanbul Convention and the vote in the European Parliament will not force them to do so but it should still confer women in these countries extra protection.


MEPs in Strasbourg on Wednesday backed the bloc's ratification of the Istanbul Convention, a human rights treaty opposing violence against women and domestic violence, but the European Union countries that have yet to ratify it still won't have to. 


The EU first signed the convention in 2016 but did not ratify it due to objections from multiple member states.


A 2021 EU Court of Justice ruling said that the bloc can ratify the treaty, however, without the agreement of all EU countries.

Learn more at: https://www.euronews.com/my-europe/2023/05/10/meps-vote-for-eu-to-ratify-istanbul-convention-against-violence-against-women

Read more at: https://www.coe.int/en/web/istanbul-convention/key-facts

Read more at: https://www.newsclick.in/Istanbul-Convention-european-treaty-women-violence-became-politicized

Read more at: https://www.amnesty.org/en/latest/news/2021/05/heres-why-the-istanbul-convention-saves-lives/

Jury finds Donald Trump sexually abused columnist E Jean Carroll

[May 09, 2023]


A New York jury found on Tuesday that Donald Trump sexually abused the advice columnist E Jean Carroll in a New York department store changing room 27 years ago.


The verdict for the first time legally brands a former US president as a sexual predator. But as it is the result of a civil not criminal case, the only legal sanction Trump will face is financial.


In explaining a finding of sexual abuse to the jury, the judge said it had two elements: that Trump subjected Carroll to sexual contact without consent by use of force, and that it was for the purpose of sexual gratification.


The jury deliberated for less than three hours. It did not find Trump raped Carroll, but did find him liable for sexual abuse.

Learn more at: https://www.theguardian.com/us-news/2023/may/09/e-jean-carroll-wins-trump-trial-verdict

Read more at: https://apnews.com/article/trump-sex-assault-verdict-womens-rights-3999712da10a2c74afda2e4bcaa14617

Covid global health emergency is over, WHO says

[May 05, 2023]


The World Health Organization (WHO) has declared that Covid-19 no longer represents a "global health emergency".


The statement represents a major step towards ending the pandemic and comes three years after it first declared its highest level of alert over the virus.


Officials said the virus' death rate had dropped from a peak of more than 100,000 people per week in January 2021 to just over 3,500 on 24 April.


The head of the WHO said at least seven million people died in the pandemic

Learn more at: https://www.bbc.com/news/health-65499929

Explainer: The SCO, Its Foreign Ministers' Meet and Why All Eyes Are on the July Leaders' Summit

[May 04, 2023]


When the foreign ministers of the Shanghai Cooperation Organisation gather for their annual jamboree on Friday, May 5, their main job is to prepare the way for the meeting of their leaders in the next two months. With decisions to be taken on trade and connectivity, there is a lot on the plate.

Learn more at: https://thewire.in/world/sco-foreign-ministers-leaders-summit-shanghai-russia-china

India's press freedom rank slips below Pakistan, Afghanistan to an abysmal 161

[May 03, 2023]


Media is referred to as the fourth estate of democracy. It is the pillar that balances and fixes accountability in the three-tier system comprising the legislative, the executive and the judiciary.The takeover of NDTV by the Adani Group, the shutdown of Amnesty International in 2020, and the raids on BBC offices are all indicators that press freedom has taken a hit in the country.


According to World Press Freedom Index 2023, compiled by Reporters Without Borders, India slipped from a rank of 150 in 2022 to 161 in 2023. In the past nine years, the country's ranking has slipped by 21 ranks from 140 in 2014.

Learn more at: https://www.onmanorama.com/news/india/2023/05/03/india-press-freedom-ranking-slips-bottom-20.html

Read more at: https://www.aljazeera.com/news/2023/5/3/map-what-is-the-state-of-press-freedom-in-the-world-today

Read more at: https://www.newslaundry.com/2023/05/03/press-freedom-index-why-afghanistan-outperformed-india-who-measures-it-and-how-accurate-is-the-data

Hollywood’s writers are on strike. Here are five things you need to know

[May 02, 2023]


On Tuesday, 11,500 members of the Writers Guild of America went on strike. Since talks with Hollywood studios began March 20, the two sides have failed to reach an accord on a new three-year film TV contract to replace one that expired Monday.


A long strike could have a ripple effect on not only film and television production, but also the Southern California economy. The impact is also likely to be felt in Georgia, New York, New Mexico and other production hubs nationwide. Without writers, scripted television shows will struggle to continue filming and live late-night shows will stop immediately.

Learn more at: https://www.latimes.com/entertainment-arts/business/story/2023-05-02/hollywoods-writers-have-gone-on-strike-heres-five-things-you-need-to-know

Read more at: https://www.vulture.com/2023/05/writers-strike-2023-questions-whats-next.html

Read more at: https://time.com/6277158/writers-strike-ai-wga-screenwriting/

Gujarat Court To Hear Rahul Gandhi's Appeal In Defamation Case Tomorrow

[April 28, 2023]


Congress leader Rahul Gandhi's appeal challenging the order of the Surat sessions court declining a stay to his conviction in a criminal defamation case over his "Modi surname" remark will now be heard by a new judge of the Gujarat High Court on April 29.


As per the cause list published on Thursday by the High Court, Mr Gandhi's appeal will be heard by Justice Hemant Prachchhak on April 29.

Learn more at: https://www.ndtv.com/india-news/gujarat-court-to-hear-rahul-gandhis-appeal-in-defamation-case-tomorrow-3986535

Read more at: https://thewire.in/law/rahul-gandhis-conviction-in-surat-case-pushes-limits-of-defamation-law

Read more at: https://scroll.in/article/1046235/has-rahul-gandhi-really-defamed-all-modis-in-india-no-say-legal-experts

Read more at: https://www.lexology.com/library/detail.aspx?g=5ccd0634-c63c-4e6d-b730-320dd2af2bde

Read more at: https://www.thehindu.com/opinion/editorial/imagined-slur-on-the-implications-of-the-rahul-gandhi-defamation-case/article66703153.ece

Questions and Answers on Sudan and the Laws of War

[April 25, 2023]


On April 15, 2023, fighting broke out in Sudan’s capital, Khartoum, between the Sudan Armed Forces (SAF) and the Rapid Support Forces (RSF), both official military forces in the country at the time. The fighting rapidly spread to other cities and towns throughout the country, including to Darfur in Sudan’s western region and to eastern Sudan.


The SAF is led by Gen. Abdelfattah al-Burhan, and the RSF by Gen. Mohamed Hamdan Dagalo, known as “Hemedti.” The two men had jointly carried out a coup against the country’s short-lived transitional government, a military-civilian government, on October 25, 2021.

Learn more at: https://www.hrw.org/news/2023/04/25/questions-and-answers-sudan-and-laws-war

Read more at: https://edition.cnn.com/2023/04/26/africa/sudan-conflict-explained-intl/index.html

France pension reforms: Macron signs pension age rise to 64 into law

[April 15, 2023]


French President Emmanuel Macron has signed into law his government's highly unpopular pension reforms, which raise the state pension age from 62 to 64.


It happened hours after France's top constitutional body cleared the change. The Constitutional Council rejected opposition calls for a referendum - but it also struck out some aspects of the reforms, citing legal flaws. Following the council's ruling, protesters set fires across Paris and 112 people were arrested.

Learn more at: https://www.bbc.com/news/world-europe-65279818

Read more at: https://www.aljazeera.com/economy/2023/4/27/how-do-retirees-in-france-really-fare

Lessons From the World’s Two Experiments in AI Governance

[April, 2023]


Artificial intelligence (AI) is both omnipresent and conceptually slippery, making it notoriously hard to regulate. Fortunately for the rest of the world, two major experiments in the design of AI governance are currently playing out in Europe and China. The European Union (EU) is racing to pass its draft Artificial Intelligence Act, a sweeping piece of legislation intended to govern nearly all uses of AI. Meanwhile, China is rolling out a series of regulations targeting specific types of algorithms and AI capabilities. For the host of countries starting their own AI governance initiatives, learning from the successes and failures of these two initial efforts to govern AI will be crucial.


When policymakers sit down to develop a serious legislative response to AI, the first fundamental question they face is whether to take a more “horizontal” or “vertical” approach. In a horizontal approach, regulators create one comprehensive regulation that covers the many impacts AI can have. In a vertical strategy, policymakers take a bespoke approach, creating different regulations to target different applications or types of AI.

Learn more at: https://carnegieendowment.org/2023/02/14/lessons-from-world-s-two-experiments-in-ai-governance-pub-89035

Read more at: https://www.aljazeera.com/economy/2023/4/13/china-spearheads-ai-regulation-after-playing-catchup-to-chatgdp

Finland becomes 31st member of Nato in Brussels ceremony

[April 4, 2023]


The blue-and-white flag of Finland has been raised alongside those of its western partners outside Nato’s headquarters in Brussels after the Nordic country formally became the 31st member of the transatlantic defensive alliance.


Guests including the US secretary of state, Antony Blinken, and the Finnish president, foreign and defence ministers applauded and shouted “bravo” at the ceremony on Tuesday, which marked a historic realignment of Europe’s security landscape.

Learn more at: https://www.theguardian.com/world/2023/apr/04/finland-nato-member-brussels-ceremony

Read more at: https://indianexpress.com/article/opinion/editorials/express-view-finland-joining-nato-could-affect-delhi-too-8540941/

Read more at: https://www.aljazeera.com/news/2023/4/6/finlands-long-held-neutrality-is-over-what-next

How Russia’s invasion of Ukraine tested the international legal order

[April 3, 2023]


Cast your minds back to just over a year ago. On February 24, 2022, Russian President Vladimir Putin launched the largest ground war in Europe since the end of World War II. At the time, the situation looked bleak. Many believed that Ukraine had little hope to hold out in the face of a full-out assault by its much larger, better-armed neighbor. Russia’s military far exceeded Ukraine’s: It had nearly five times the number of active military personnel, almost five times the number of armored fighting vehicles, and ten times the number of aircraft. Overall, it spent roughly ten times the amount on its military annually. Perhaps most important, Russia possessed the largest nuclear arsenal on the planet, and it was clear that no state, not even the United States, was prepared to engage it in open warfare as a result. To top it off, Russia held one of the permanent five seats on the United Nations Security Council, which gave it a veto over any enforcement actions that the U.N. might undertake. If there was ever a case where law would capitulate to power, this was it. Indeed, as the war began, it looked like we were witnessing the end of the modern global legal order.

Learn more at: https://www.brookings.edu/on-the-record/how-russias-invasion-of-ukraine-tested-the-international-legal-order/

ChatGPT banned in Italy over privacy concerns

[April 1, 2023]


Italy has become the first Western country to block advanced chatbot ChatGPT.


The Italian data-protection authority said there were privacy concerns relating to the model, which was created by US start-up OpenAI and is backed by Microsoft.


The regulator said it would ban and investigate OpenAI "with immediate effect".


OpenAI told the BBC it complied with privacy laws.

Learn more at: https://www.bbc.com/news/technology-65139406

Read more at: https://www.euronews.com/next/2023/04/07/after-italy-blocked-access-to-openais-chatgpt-chatbot-will-the-rest-of-europe-follow

Pakistan: Lahore High Court Strikes Down Colonial-Era Sedition Law

[March 31, 2023]


The Lahore high court has struck down Pakistan’s sedition law, saying that it is inconsistent with the Pakistani constitution.


The Section 124 A of the Pakistan Penal Code has thus been invalidated.


The exact same section in the Indian Penal Code deals with sedition, a law which Indian activists and even the Supreme Court has multiple times expressed reservations over, noting that it can be used unfairly by the state against dissenters. In 2022, the Supreme Court of India put the sedition law in abeyance, while the Union government reconsiders whether it should exist.

Learn more at: https://thewire.in/south-asia/pakistan-lahore-high-court-strikes-down-colonial-era-sedition-law

Read more at: https://indianexpress.com/article/opinion/columns/sedition-law-pakistan-supreme-court-india-8532089/

Trump indictment: A simple guide to what it means

[March 31, 2023]


Former US President Donald Trump is being charged with a crime in relation to a payment he made to a porn star.


The man who spent four years in the White House is now days away from being fingerprinted, given a mugshot photo and brought before a judge.


This is happening as he campaigns to become president again, in the 2024 election.


Here is what the case is about.

Learn more at: https://www.bbc.com/news/world-us-canada-65136636

Read more at: https://www.aljazeera.com/news/2023/3/31/donald-trump-indictment

International Court of Justice rules US illegally froze some Iranian assets

[March 31, 2023]


In a partial victory for Iran, judges at the International Court of Justice (ICJ) on Thursday ruled Washington had illegally allowed courts to freeze assets of some Iranian companies and ordered the United States to pay compensation but left the amount to be determined later.

However, in a blow for Tehran, the ICJ said it did not have jurisdiction over $1.75 billion in frozen assets from Iran’s central bank.

Acting Legal Adviser Rich Visek of the U.S. State Department said in a written statement that the ruling rejected the “vast majority of Iran’s case,” notably where it concerned the assets of the central bank.

Learn more at: https://theprint.in/world/international-court-of-justice-rules-us-illegally-froze-some-iranian-assets/1485682/

General Assembly votes to seek World Court’s opinion, in quest for ‘bolder’ climate action

[March 29, 2023]


The UN General Assembly will seek the opinion of the International Court of Justice (ICJ) on countries’ obligations to address climate change, following the adoption by consensus of a resolution on Wednesday. 

The resolution was put forward by the cyclone-battered Pacific Island nation of Vanuatu, supported by a “core group” of 17 countries from various regions, and is focused on the adverse impacts of climate change on small island developing States as well as climate justice.

The ICJ, also known as the World Court, is the UN’s principal judicial organ. Although its advisory opinions are not legally binding, they carry legal authority and moral weight. 

Learn more at: https://news.un.org/en/story/2023/03/1135142

Read more at: https://indianexpress.com/article/opinion/editorials/express-view-giving-international-court-of-justice-a-say-could-make-climate-related-processes-more-justice-oriented-8529126/

Israel passes law shielding Netanyahu from being removed amid protests over judicial changes

[March 24, 2023]



Benjamin Netanyahu resisted calls to drop his controversial overhaul of Israel’s judiciary in a fiery televised address Thursday, hours after his government passed a law that was condemned by critics as an effort to protect his position.


Israeli opposition politicians earlier condemned the new law, which would limit the ways a sitting prime minister can be declared unfit for office, describing it as a way to protect Netanyahu, who is facing an ongoing corruption trial.


By a 61-to-47 final vote, the Knesset approved the bill that states that only the prime minister himself or the cabinet, with a two-thirds majority, can declare the leader unfit. The cabinet vote would then need to be ratified by a super majority in the parliament. 

Learn more at: https://edition.cnn.com/2023/03/23/middleeast/israel-judicial-reforms-prime-minister-law-intl/index.html

Read more at: https://www.aljazeera.com/news/2023/3/24/israeli-govt-shows-signs-of-split-over-pms-judiciary-plans

Read more at: https://www.aljazeera.com/news/2023/3/24/israeli-govt-shows-signs-of-split-over-pms-judiciary-plans

Make gender apartheid a crime under international law

[March 08, 2023]


Women in Afghanistan and Iran continue to fight for basic human rights, or what the united Nations term as ‘gender apartheid’. The reality of it struck when a 22 year old Mahsa Amini died after allegedly being beaten up by Iran's Moral Police for ‘not wearing the Hijab properly’.  


The Taliban rule in Afghanistan since 2021 has also squeezed out women fromt he public domain. Women have been removed from many government jobs or are paid a fraction of their former salary to stay at home. They are also barred from going to parks, fairs, gyms and public baths, and must cover up in public.  

Learn more at: https://www.livemint.com/news/world/make-gender-apartheid-a-crime-under-international-law-afghaniranianwomen-11678287605035.html

The Implications of ChatGPT for Legal Services and Society

[March, 2023]


On November 30, 2022, OpenAI released a chatbot called ChatGPT. To demonstrate the chatbot’s remarkable sophistication and potential implications, for both legal services and society more generally, most of this paper was generated in about an hour through prompts within ChatGPT. Only this abstract, the preface, the outline headers, the epilogue, and the prompts were written by a person. ChatGPT generated the rest of the text with no human editing.


To be clear, the responses generated by ChatGPT were imperfect and at times problematic, and the use of an AI tool for law-related services raises a host of regulatory and ethical issues. At the same time, ChatGPT highlights the promise of artificial intelligence, including its ability to affect our lives in both modest and more profound ways. ChatGPT suggests an imminent reimagination of how we access and create information, obtain legal and other services, and prepare people for their careers. 

Learn more at: https://clp.law.harvard.edu/knowledge-hub/magazine/issues/generative-ai-in-the-legal-profession/the-implications-of-chatgpt-for-legal-services-and-society/

Read more at: https://www.barandbench.com/law-firms/view-point/the-viewpoint-how-can-lawyers-leverage-chatgpt-for-their-practice

Read more at: https://www.jurist.org/commentary/2023/03/eliot-ai-future-lawyering/

What Is The International Criminal Court? What Does ICC Arrest Warrant Mean For Putin?

[March 17, 2023]


The International Criminal Court (ICC) in The Hague, Netherlands, Friday said it issued an arrest warrant for Russian President Vladimir Putin for the ‘alleged’ war crimes in Ukraine, specifically in connection to his alleged involvement in the abductions of children from the neighbouring country.

 

The ICC said in a statement that Putin “is allegedly responsible for the war crime of unlawful deportation of (children) and that of unlawful transfer of (children) from occupied areas of Ukraine to the Russian Federation.” 


“There are reasonable grounds to believe that Mr. Putin bears individual criminal responsibility” for the child abductions “for having committed the acts directly, jointly with others and/or through others (and) for his failure to exercise control properly over civilian and military subordinates who committed the acts,” the court said in a statement.

Learn more at: https://www.outlookindia.com/international/vladimir-putin-arrest-warrant-news-what-is-international-criminal-court-what-does-icc-arrest-warrant-mean-for-putin--news-270973

Read more at: https://theconversation.com/putin-and-the-icc-history-shows-just-how-hard-it-is-to-bring-a-head-of-state-to-justice-202247

Read more at: https://www.aljazeera.com/news/2023/3/17/icc-issues-arrest-warrant-for-russias-putin-over-ukraine-crimes

Supreme Court Directs Appointment Of Election Commissioners On Advise Of Committee Comprising Prime Minister, Leader Of Opposition And CJ

[March 02, 2023]


A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India. 


This practice will be enforced until a law in this regard is made by the Parliament, Justice KM Joseph reading out the judgment said.

Learn more at: https://www.livelaw.in/top-stories/supreme-court-election-commissioner-prime-minister-leader-of-opposition-and-cji-222872

Read more at: https://indianexpress.com/article/explained/explained-law/chief-election-commissioner-appointment-explained-supreme-court-ruling-8474745/

Vanuatu quest for ICJ climate ruling backed by 100 nations

[March 02, 2023]


More than 100 countries have backed a plan by Vanuatu to enlist the UN's top court in tackling climate change, after what the nation's officials on Thursday described as a "herculean" diplomatic effort.


With rising sea levels threatening its future, Vanuatu has spearheaded a drive for the court to define what legal responsibility countries have for the changing climate and its impacts.


The 105 nations backing the move will co-sponsor a resolution at this year's UN General Assembly.


Canada, Australia and the United Kingdom are among those on board, as well as Pacific nations like Kiribati and Marshall Islands, which also face rising sea levels.

Learn more at: https://www.france24.com/en/live-news/20230302-vanuatu-quest-for-icj-climate-ruling-backed-by-100-nations

Read more at: https://www.thehindu.com/opinion/op-ed/international-courts-and-climate-change/article66564780.ece

Explained | Understanding the Windsor framework

[March 01, 2023]


The United Kingdom and the European Union struck a deal on February 27 regarding post-Brexit trade rules for Northern Ireland, with a view to remove the border between Britain and Northern Ireland running through the Irish Sea. The fact that the Republic of Ireland remained with the EU after Brexit led to complications on the trade front, a wrinkle that the U. K.’s conservative government ironed out with the Northern Ireland Protocol. However, the Protocol, which allowed EU customs rules to apply across Northern Ireland, led to tensions in the province. The Windsor framework is the latest attempt at a remedy to the political complexities that have impacted trade and sentiments in the area.

Learn more at: https://www.thehindu.com/news/international/explained-understanding-the-windsor-framework/article66569225.ece

UN chief slams ‘climate-wrecking’ firms at human rights body

[February 27, 2023]


U.N. Secretary-General António Guterres on Monday stressed the importance of legal challenges against “climate-wrecking corporations” like fossil-fuel producers, ratcheting up his call for the fight against climate change—- this time before the U.N.’s top human rights body.


Guterres opened the latest session of the Human Rights Council, part of an address that decried summary executions, torture and sexual violence in places like Ukraine; antisemitism, anti-Muslim bigotry and the persecution of Christians; inequality and threats to free expression, among other issues.


Guterres also sought to undergird the concept of human rights — which have faced “public disregard and private disdain — and tie them together with environmental concerns.

Learn more at: https://apnews.com/article/russia-ukraine-politics-new-york-city-climate-and-environment-antonio-guterres-eae595bc528caad4fa8b7da6fe3796f4

Read more at: https://www.newyorker.com/news/daily-comment/the-un-secretary-generals-searing-message-for-the-fossil-fuel-industry

British woman who joined ISIS as a teen loses UK citizenship appeal

[February 23, 2023]


Shamima Begum, who left the United Kingdom to join ISIS at the age of 15, has lost her appeal against the decision to revoke her British citizenship.


Judge Robert Jay gave the decision on Wednesday following a five-day hearing in November, during which her lawyers argued the UK Home Office had a duty to investigate whether she was a victim of trafficking before removing her citizenship.


The ruling does not determine if Begum can return to Britain, but whether the removal of her citizenship was lawful.


Begum, now 23 and living in a camp in northern Syria, flew to the country in 2015 with two school friends to join the ISIS terror group. In February 2019, she re-emerged and made international headlines as an “ISIS bride” after pleading with the UK government to be allowed to return to her home country for the birth of her son.

Learn more at: https://edition.cnn.com/2023/02/22/europe/shamima-begum-ruling-intl-gbr/index.html

Analysis of Hindenburg Fiasco concerning Adani from the Perspective of Securities Law in India

[February 21, 2023]


On 24th January 2023, Hindenburg Research (“Hindenburg”), a U.S.-based research organization, published a report titled “How the World’s 3 rd Richest Man Is Pulling The Largest Con in Corporate History” on its website. According to Hindenburg, they investigated for two years, and in the report, they alleged Adani of brazen stock manipulation, accounting fraud, and improper use of tax havens. Hindenburg published the report just before the Further Public Offer (“FPO”) of ₹20,000 crore, which was called off on 1st February, 2023.


While the rift between Adani and Hindenburg continues, regulatory agencies are examining the allegations made in the report. Three Public Interest Litigation (“PILs”) were filed before the Supreme Court of India (“SC”) and out of which two were first heard on 10th February. Subsequently, on 13th February, the Central Government agreed to the suggestion of the SC to set up an expert panel to monitor the situation. It affirmed that the current statutory framework and regulatory agencies are competent to deal with the situation. This article aims to analyze the situation from the perspective of securities laws in India.

Learn more at: https://www.barandbench.com/law-firms/view-point/analysis-of-hindenburg-fiasco-concerning-adani-from-the-perspective-of-securities-law-in-india

Spain passes laws on trans rights, abortion, menstrual leave

[February 16, 2023]


Spain's parliament on Thursday passed legislation which makes it easier for trans people to change their gender, expands access to abortion procedures and grants menstrual leave to women suffering from severe period pain.


The laws were put forward by the country's left wing coalition government. The transgender law passed with 191 votes in favor, 60 against and 91 abstentions, following a rift in Spain's governing left-wing coalition ahead of elections scheduled for May this year.


Thursday's passed bills make Spain the first European country to introduce menstrual leave. The European country is also among the first countries worldwide to allow people to change their gender on their national identity cards with a simple declaration.

Learn more at: https://www.dw.com/en/spain-passes-laws-on-trans-rights-abortion-menstrual-leave/a-64731685

Read more at: https://www.bbc.com/news/world-europe-64666356

Read more at: https://www.hindustantimes.com/world-news/in-historic-move-spain-approves-europe-s-first-law-on-menstrual-leave-101676556467085.html

German Constitutional Court strikes down predictive algorithms for policing

[February 16, 2023]


The German Federal Constitutional Court declared the use of Palantir surveillance software by police in Hesse and Hamburg unconstitutional in a landmark ruling on Thursday (16 February).


The ruling concludes a case brought by the German Society for Civil Rights (GFF) last year, hearings for which began in December. The plaintiffs argued that the software could be used for predictive policing, raising the risk of mistakes and discrimination by law enforcement. 


The German state of Hesse has been using the software since 2017, though it is not yet in place in Hamburg. The technology is provided by Palantir, a US data analytics firm which received early backing from intelligence agencies, including the CIA, FBI and NSA. 


The case was brought on behalf of 11 plaintiffs and rested on the argument that the software programme – named ‘Hessendata’ – facilitates predictive policing by using data to create profiles of suspects before any crime has been committed. 

Learn more at: https://www.euractiv.com/section/artificial-intelligence/news/german-constitutional-court-strikes-down-predictive-algorithms-for-policing/

Read more at: https://thewire.in/tech/german-court-declares-police-use-of-data-tech-unlawful

Taiwan commits to net-zero carbon emissions by 2050

[February 15, 2023]


Taiwanese President Tsai Ing-wen on Wednesday signed a major climate change law that introduces a net-zero carbon target for 2050 and a carbon fee system for large emitters, a move that will make Taiwan a key player in Asia's climate policy.


Taiwan's Legislative Yuan on Jan. 10 passed the Climate Change Response Act to set a legally binding target of no net greenhouse gas emissions by 2050, meaning any such emissions would be balanced by initiatives to offset them. This includes using carbon capture and storage projects, or planting trees.

Learn more at: https://asia.nikkei.com/Spotlight/Environment/Climate-Change/Taiwan-commits-to-net-zero-carbon-emissions-by-2050

Turkey’s top bar association files complaint against contractors, gov’t officials for ‘murder’ after earthquake

[February 10, 2023]


The Union of Turkish Bar Associations (TBB) has filed a complaint against the contractors and government officials they claim are responsible for the buildings leveled in Monday’s major earthquakes and the resulting high death toll, local media reported on Friday.


Turkey’s most powerful earthquake in almost 100 years, which struck near the city of Gaziantep in the early hours of Monday, has claimed the lives of 18,342 people in the country in addition to injuring more than 74,000 so far, according to the latest official figures.


The 7.8-magnitude quake was followed by dozens of aftershocks, including a 7.5-magnitude temblor that jolted the region in the middle of search and rescue efforts the same day.

Learn more at: https://www.turkishminute.com/2023/02/10/turkey-top-bar-association-file-complaint-against-contractors-govt-officials-for-murder-after-earthquake/

Read more on the earthquake: https://www.washingtonpost.com/world/2023/02/11/turkey-sees-miraculous-rescues-makes-arrests-quake-death-toll-tops-25000/

A New Pay Transparency Mandate Will Close Australia's Gender Pay Gap In 26 Years

[February 09, 2023]


The Australian Government has introduced a new bill to mandate pay transparency and close the gender pay gap. 


This means that companies can officially be named and shamed for having a large gender pay gap. 


According to the Workplace Gender Equality Agency (WGEA), the Australian gender pay gap currently sits at 22.8%. 


In other words, men are earning $26,600 more than women. 


While men have been shown to work full time more than women (usually due to women taking on a disproportionate level of child-rearing and household responsibilities) there’s still a 14.1% gap between male and female full time workers. 

Learn more at: https://www.marieclaire.com.au/gender-pay-gap-bill-australia

What Does International Law Say About China’s Spy Balloon and the US Response?

[February 06, 2023]


Was the balloon that suddenly appeared over the United States last week undertaking surveillance? Or was it engaged in civilian scientific research, as China has claimed?


While the answers to these questions may not be immediately known, one thing is clear: the incursion of the Chinese balloon tested the bounds of international law.


This incident has also added another layer of complexity to the already strained relations between the United States and China. U.S. Secretary of State Antony Blinken’s planned visit to Beijing has been postponed. And China reacted to the shooting down of the balloon with diplomatic fury.

Learn more at: https://thediplomat.com/2023/02/what-does-international-law-say-about-chinas-spy-balloon-and-the-us-response/

Read more at : https://www.outlookindia.com/international/explained-the-chinese-spy-balloon-over-usa-what-are-the-concerns-and-how-has-the-usa-responded-news-259442

Explainer: The Emerging ‘Unconstitutional State of Affairs’ Doctrine

[February 03, 2023]


The unconstitutional state of affairs doctrine, having its roots in a 1998 judgement of the Colombian Constitutional Court (CCC), has gained immense popularity due to the systemic, policy-based, manifestly illegal acts of executive branches of governments worldwide. Calls for recognizing the existence of an unconstitutional state of affairs have persistently been made in the Latin American context, and literature suggesting the presence of such a state in India has also begun to emerge. In this explainer, I evaluate the emergence and meaning of the doctrine, its evolution in Colombia, and its invocation by other constitutional courts. In addition, I also evaluate the wisdom of calling for judicial recognition of an unconstitutional state of affairs in India and the legitimacy thereof if one is recognized.

Learn more at: https://www.jurist.org/features/2023/02/03/explainer-an-unconstitutional-state-of-affairs/

Read more about the Vienna Convention on Diplomatic Relations : https://indconlawphil.wordpress.com/2022/06/12/responding-to-illegal-home-demolitions-the-doctrine-of-an-unconstitutional-state-of-affairs/

Austria expels four Russian diplomats, asks them to leave within a week

[February 02, 2023]


Austria's foreign ministry said on Thursday (February 2) that it expelled four Russian diplomats, including two accredited with the United Nations in Vienna. According to a statement, the diplomats have been asked to leave Austria within a week, i.e. by February 8. The foreign ministry said that two diplomats of the Russian embassy engaged in acts incompatible with their diplomatic status. "Therefore, they are declared personae non gratae under Article 9 of the Vienna Convention on Diplomatic Relations," the statement added. 

Learn more at: https://www.wionews.com/world/austria-expels-four-russian-diplomats-asks-them-to-leave-within-one-week-558277

Read more about the Vienna Convention on Diplomatic Relations : https://legal.un.org/avl/ha/vcdr/vcdr.html

‘Genocide in Canada’: Country to pay $2 billion to abuse survivors from indigenous communities

[January 23, 2023]


The Canadian government has decided to pay more than $2 billion in compensation to indigenous communities for withstanding nearly a century of abuse suffered mainly by children.


The amount, which will be used to “revitalise Indigenous education, culture, and language – to support survivors in healing and reconnecting with their heritage,” is a result of a class-action lawsuit put forth by 324 indigenous communities.


The money will be deposited in a not-for-profit trust independent of the government, a press release says.

Learn more at: https://www.firstpost.com/world/genocide-in-canada-country-to-pay-usd-2-billion-to-abuse-survivors-from-indigenous-communities-12032982.html

Netanyahu Fires a Top Minister to Comply With a Supreme Court Ruling

[January 22, 2023]


Prime Minister Benjamin Netanyahu of Israel on Sunday dismissed a senior minister recently convicted of tax fraud to comply with a Supreme Court ruling that disqualified the minister from serving, shaking the right-wing government just weeks after it came to power.


By complying with the court’s ruling to remove the minister, Aryeh Deri, Mr. Netanyahu avoided an instant, head-on clash with the judiciary at a time when the country is already locked in a fierce debate over government plans for a judicial overhaul. Tens of thousands of Israelis have taken to the streets in recent weeks to protest the plans to limit the judiciary’s powers, seen by many as a challenge to Israel’s democratic system. About 130,000 protesters came out on Saturday night in Tel Aviv and other cities, according to the Israeli news media.

Learn more at: https://www.nytimes.com/2023/01/22/world/middleeast/israel-netanyahu-minister.html

Israel: What are Netanyahu's 'judicial reforms' that have led thousands to protest?

[January 15, 2023]


Thousands of protestors Saturday, under chilly winter rain, poured into streets across three major cities in Israel to protest Prime Minister Netanyahu’s judicial reforms bill. Those opposed the Supreme Court chief justice and the country’s attorney general.

Learn more at: https://www.firstpost.com/world/israel-what-are-netanyahus-judicial-reforms-that-have-led-thousands-to-protest-11990222.html

Read more at: https://www.timesofisrael.com/in-clash-over-high-court-override-its-minority-rights-against-majoritys-will/

Read more at: https://www.voanews.com/a/israel-new-government-unveils-plan-to-weaken-supreme-court/6904535.html

India's face-off with Big Tech will intensify in 2023

[January 06, 2023]


The standoff between India and U.S. tech giants will intensify in 2023 as New Delhi cooks up its own regulatory medicine for the world’s second most populous internet market—an unusual concoction of Europe’s strict antitrust approach and Chinese-style government surveillance.


Three significant pieces of legislation likely to pass in 2023 will harden positions on both sides.

Learn more at: https://www.livemint.com/technology/tech-news/indias-face-off-with-big-tech-will-intensify-in-2023-11672833431932.html

Read more at: https://edition.cnn.com/2019/01/02/perspectives/big-tech-facebook-google-amazon-microsoft-antitrust/index.html

Read more at: https://www.vox.com/recode/22822916/big-tech-antitrust-monopoly-regulation

Poland says Germany refused talks on World War II reparations

[January 04, 2023]


Germany has rebuffed the latest push by Poland’s nationalist government for vast reparations over World War II, saying in response to a diplomatic note that the issue was closed, the foreign ministry in Warsaw said on Tuesday.


A spokesperson for the German foreign ministry said it had responded to a letter sent by Poland on the subject in October and did not comment on the contents of diplomatic correspondence.


Poland estimates its World War II losses caused by Germany at $1.4 trillion and has demanded reparations, but Berlin has repeatedly said all financial claims related to the war have been settled.

Learn more at: https://edition.cnn.com/2023/01/04/europe/poland-germany-wwii-reparations-intl-scli-grm/index.html

Read more at: https://tvpworld.com/64598772/wwii-legal-basis-for-poland-war-reparations

India : Article 19 & 21 Rights Can Be Enforced Against Private Individuals & Entities : Supreme Court Holds By 4:1 Majority

[January 03, 2023]


In an important development, a Constitution Bench of the Supreme Court on Tuesday said that the fundamental rights enshrined in Articles 19 and 21 are enforceable even against persons other than the state or its instrumentalities. 


“A fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities”, the majority judgment held.

Learn more at: https://www.livelaw.in/top-stories/article-19-21-rights-can-be-enforced-against-private-individuals-entities-supreme-court-holds-by-41-majority-218007

Mexico's Supreme Court elects first female Chief Justice

[January 03, 2023]


Mexico's Supreme Court elected the first female chief justice in its history Monday, January 2, 2023.


Justice Norma Lucía Piña was sworn in for her four-year term at the head of the 11-member court, pledging to maintain the independence of the country's highest court.


“Judicial independence is indispensable in resolving conflicts between the branches of government,” Ms. Piña said Monday in laying out her plans. “My main proposal is to work to build majorities, leaving aside my personal vision.”

Learn more at: https://www.thehindu.com/news/international/mexicos-supreme-court-elects-first-female-chief-justice/article66331774.ece

2022 in pictures: Striking photos from around the world

[December 30, 2022]


A selection of some of the most powerful pictures taken by news agency photographers around the world this year.

See more at: https://www.bbc.com/news/in-pictures-63875897

World population projected at 7.9 billion on New Year's Day

[December 30, 2022]


The world population is projected to be 7.9 billion people on New Year's Day 2023, with 73.7 million people added since New Year's Day 2022, the U.S. Census Bureau said Thursday. 


That marks a 0.9% increase in the world population over the past year.


During January 2023, 4.3 births and two deaths are expected worldwide every second, the Census Bureau said.

Learn more at: https://www.deccanherald.com/international/world-news-politics/world-population-projected-at-79-billion-on-new-years-day-1176400.html

South Korea Pardons Former President Serving 17-Year Jail Sentence

[December 27, 2022]


Jailed former South Korean president Lee Myung-bak received a presidential pardon on Tuesday, cutting short his 17-year sentence on corruption charges, the justice minister said.

Lee was on a list of more than 1,300 people who received special pardons "from the perspective of broad national unity through reconciliation, tolerance and consideration", Han Dong-hoon told reporters after a Cabinet meeting with President Yoon Suk-yeol.


The 81-year-old Lee, who in June was granted a temporary release from jail due to his age and deteriorating health, is serving 17 years for bribery and embezzlement.

Learn more at: https://www.ndtv.com/world-news/south-korea-pardons-former-president-lee-myung-bak-jailed-on-corruption-charges-3641053

Madras High Court turns down petition seeking 30-50% reservation for women in senior advocate designation

[December 27, 2022]


THE Madras High Court has rejected a petition seeking equal numbers or 30 per cent reservation for women advocates in the conferment of designation as senior advocates. A bench comprising Justices M. Sundar and N. Sathish Kumar passed a judgment to this effect calling the petition a misplaced one since conferring the status of a senior advocate is a privilege, not a post where reservation could be made.


The bench also questioned the locus of the petitioner – S. Lawrence Vimalraj, who was neither an applicant seeking the senior gown nor did he file a petition as a public interest litigation.

Learn more at: https://theleaflet.in/madras-high-court-turns-down-petition-seeking-30-50-reservation-for-women-in-senior-advocate-designation/

'Speak free': Zambia prez abolishes death penalty, no prosecution for criticising him

[December 26, 2022]


Zambia on Saturday finally abolished two British colonial-era laws: the death penalty and any criticism of the country's leader being a punishable offence. The southern African country gained independence in 1964. Since then, rules made during colonisation were followed.  The decision comes during the presidency of Hakainde Hichilema, whose party promised to abolish these rules if they are elected, AFP reported. 


The party had been trying to abolish these rules for so long but was in opposition for two decades, and now the decision has been made. 


A presidential spokesperson said, "President Hakainde Hichilema has assented to the penal code of 2022 abolishing the imposition of the death penalty and the offence of criminal defamation of the president, which has been on the Zambian statute books since (the) pre-independence era."

Learn more at: https://www.wionews.com/world/speak-free-zambias-president-announces-abolishment-of-death-penalty-and-defamation-of-president-crime-546335

Pakistan repeals colonial-era law against suicide

[December 25, 2022]


Pakistan has amended a section of the country's criminal law to repeal a colonial-era legislation against suicide, the president's office announced.


The development came in the form of an amendment, signed late Friday by President Arif Alvi and announced by his office on Twitter. The amendment, introduced by the secular Pakistan People's Party, was approved by the parliament's upper house, or Senate, three months ago.


Under the previous legislation — a vestige of colonial times from before the 1947 partition that carved out India and Pakistan from the former British Empire — attempted suicide was punishable by up to one year in prison, a fine or both in Pakistan.

Learn more at: https://www.thehindu.com/news/international/pakistan-repeals-colonial-era-law-against-suicide/article66301856.ece

Read more at: https://www.dawn.com/news/1728642

Read more at: https://www.aljazeera.com/opinions/2022/10/10/suicide-is-not-a-crime-countries-must-stop-treating-it-as

January 6 committee releases final report, says Trump should be barred from office

[December 23, 2022]


The House select committee investigating the January 6, 2021, insurrection recommends barring former President Donald Trump from holding office again.


The recommendation is among the conclusions of the panel’s final report, a comprehensive overview of the bipartisan panel’s findings on how Trump and his allies sought to overturn the 2020 presidential election, released late Thursday evening.


The 845-page report – based on 1,000-plus interviews, documents collected including emails, texts, phone records and a year and a half of investigation – includes allegations that Trump “oversaw” the legally dubious effort to put forward fake slates of electors in seven states he lost, arguing that the evidence shows he actively worked to “transmit false Electoral College ballots to Congress and the National Archives” despite concerns among his lawyers that doing so could be unlawful.

Learn more at: https://edition.cnn.com/2022/12/22/politics/jan-6-committee-final-report/index.html

Read more at: https://apnews.com/article/donald-trump-823941a7a7a7e8e354d3ce64ac8b5d99

Read more at: https://www.nytimes.com/2022/12/23/us/politics/jan-6-committee-report-legacy.html

EU holds back all of Hungary's cohesion funds over rights concerns

[December 23, 2022]


The European Commission said on Thursday it would hold back all 22 billion euros of EU cohesion funds for Hungary until its government meets conditions related to judiciary independence, academic freedoms, LGBTQI rights and the asylum system.


EU institutions had already decided on Dec. 12 to freeze 6.3 billion euros of the funds until the right-wing and eurosceptic government of Viktor Orban meets an even tougher set of 17 conditions also linked to the judiciary and dealing with corruption at high levels.

Learn more at: https://www.reuters.com/world/europe/eu-holds-back-all-hungarys-cohesion-funds-over-rights-concerns-2022-12-22/

Female students turned away from Afghan universities after Taliban ban

[December 22, 2022]


Female university students in Afghanistan were turned away from campuses on Wednesday after the Taliban-run administration said women would be suspended from tertiary education.


The decision to bar women was announced on Tuesday evening in a letter to universities from the higher education ministry, drawing condemnation from foreign governments and the United Nations.


"We went to university, the Taliban were at the gate and told us 'you are not allowed to enter the university until further notice' ... everyone was crying," said Shaista, a business studies student at a private university in Kabul.

Learn more at: https://www.reuters.com/world/asia-pacific/female-students-turned-away-afghan-universities-after-taliban-ban-2022-12-21/

UN summit reaches landmark biodiversity agreement

[December 19, 2022]


The UN COP15 biodiversity summit has reached an agreement to protect almost a third of the planet’s lands and oceans by 2030, despite the deep divide between wealthy and developing countries that has dogged UN climate and nature negotiations.


In the early hours of Monday, a framework was signed off by almost 200 countries that would safeguard at least 30 per cent of the world’s land, inland waters, coastal areas and oceans by 2030. Presently, 17 per cent and 10 per cent of land and marine areas respectively are under protection.


Learn more at: https://www.ft.com/content/9bb13b79-c2d8-41e7-965f-467929109558

Read more at: https://www.bbc.com/news/science-environment-64030656

UK’s bid to send asylum seekers to Rwanda is ‘lawful’: High Court

[December 19, 2022]


The UK government’s plan to send asylum seekers on a one-way trip to Rwanda is legal, two High Court judges have ruled in a victory for backers of the controversial policy.


But the judges also said on Monday that the government failed to consider the individual circumstances of the people it tried to deport, signalling further legal battles ahead.


A court hearing in the case is set for next month, and appeals are likely.


Several asylum seekers, aid groups and a border officials’ union filed lawsuits to stop the Conservative government from acting on a deportation agreement with Rwanda that would see refugees who arrive in the UK by boat sent to the East African country.

Learn more at: https://www.aljazeera.com/news/2022/12/19/uks-bid-to-send-asylum-seekers-to-rwanda-is-lawful-high-court

Swedish court: Man wanted by Turkey cannot be extradited

[December 19, 2022]


Sweden’s top court on Monday rejected an extradition request for a man wanted by Turkey, saying the Scandinavian country does not criminalize the act he is accused of committing.


In a statement, the Swedish Supreme Court said there were “obstacles to extradition because it is a matter of so-called political crimes, i.e. crimes that are directed against the state and that are political in nature.”


The court in Stockholm said there was “a risk of persecution based on the person’s political views” if he were returned to Turkey.


The court did not name the man who was the subject of Turkey’s request. Swedish news agency TT identified him as Bulent Kenes and said the Turkish government wants him in connection with a 2016 coup attempt.

Learn more at: https://apnews.com/article/nato-politics-turkey-extradition-sweden-a26a3c9d4ec94ba2586fab4b4c7b14de

Global cholera surge likely accelerated by climate change, warns WHO

[December 16, 2022]


Climate change has driven an “unprecedented” number of larger and more deadly cholera outbreaks around the world this year, the UN health agency, WHO, said on Friday.


“The map is under threat (from cholera) everywhere,” said Dr. Philippe Barboza, from the World Health Organization, speaking in Geneva, via Zoom.


Available data points to cases of infection in around 30 countries, whereas in the previous five years, fewer than 20 countries reported infections, on average.

Learn more at: https://news.un.org/en/story/2022/12/1131787

Number of journalists imprisoned worldwide hits new record: RSF

[December 14, 2022]


The number of journalists imprisoned around the world has hit a new record, according to an annual tally by press freedom watchdog, Reporters Without Borders (Reporters Sans Frontieres, or RSF).


A total of 533 media professionals were imprisoned in 2022, up from 488 last year, the RSF’s Annual Press Freedom Review published on Wednesday found.


“More than a quarter of them were imprisoned during the year,” said the Paris-based watchdog which has been publishing the annual tally since 1995.


More than half are jailed in just five countries: China, which remains “the world’s biggest jailer of journalists” with 110, followed by Myanmar (62), Iran (47), Vietnam (39) and Belarus (31).

Learn more at: https://www.aljazeera.com/news/2022/12/14/number-of-journalists-imprisoned-worldwide-hits-new-record-rsf

Iran removed from UN Commission on the Status of Women

[December 14, 2022]


The 54-member UN Economic and Social Council (ECOSOC) on Wednesday adopted a resolution to remove Iran from the Commission on the Status of Women (CSW) for the remainder of its four-year term ending in 2026. 


The development comes in the wake of the country’s brutal crackdown on protests calling for justice for Mahsa Amini, the 22-year-old woman who died in police custody in September. 


The CSW meets annually in March at UN Headquarters in New York and is described as the biggest gathering of gender equality advocates in the world. 

Learn more at: https://news.un.org/en/story/2022/12/1131722

Read more at: https://www.nytimes.com/2022/12/14/world/middleeast/iran-un-womens-rights-vote.html

‘Winter of Discontent’: Why UK has been hit by a wave of strikes

[December 08, 2022]


Britain’s ‘winter of discontent’ does not seem to end in the near future. After a 48-hour strike by rail workers which lasted till Wednesday (14 December), now nurses across the UK have walked out demanding higher pay amid soaring inflation.


More than tens of thousands of members of the Royal College of Nursing (RCN) – the UK’s biggest nursing union – in England, Wales and Northern Ireland kicked off a strike today (15 December).

Learn more at: https://www.firstpost.com/explainers/uk-strikes-nhs-nurses-rail-workers-port-royal-mail-11814781.html

Read more at: https://www.bbc.com/news/health-63946730

Germany arrests 25 accused of plotting coup

[December 08, 2022]


Twenty-five people have been arrested in raids across Germany on suspicion of plotting to overthrow the government.


The group of far-right and ex-military figures are said to have prepared for a "Day X" to storm the Reichstag parliament building and seize power.


A man named as Heinrich XIII, from an old aristocratic family, is alleged to have been central to their plans.


According to federal prosecutors, he is one of two alleged ringleaders among those arrested across 11 German states.

Learn more at: https://www.bbc.com/news/world-europe-63885028

Read more at: https://www.reuters.com/world/europe/germany-coup-plot-who-was-behind-it-how-dangerous-was-it-2022-12-08/

Read more at: https://www.dw.com/en/heinrich-xiii-germanys-far-right-prince-who-planned-a-coup/a-64031542

Peru gets new president after predecessor's arrest

[December 08, 2022]


Peru's new President Dina Boluarte was on Thursday facing pressure to form a government, a day after the country was thrown into political chaos by the dramatic arrest of her predecessor who stands accused of attempting a coup.


The South American country's first-ever woman leader asked the opposition for a truce as she tried to end the turmoil sparked by Pedro Castillo, who had attempted to dissolve parliament and rule by decree.


Castillo's efforts were quickly stamped out by lawmakers who voted him out of office in a dizzying day of high drama, by the end of which former vice-president Boluarte had emerged as the country's new head of state.


She took the oath of office within two hours of the impeachment vote, donning the presidential sash in front of Congress and vowing to serve out the rest of Castillo's term, until July 2026.

Learn more at: https://www.thehindu.com/news/international/peru-gets-new-president-after-predecessors-arrest/article66239116.ece

Read more at: https://www.aljazeera.com/news/2022/12/9/who-is-dina-boluarte-perus-accidental


Shireen Abu Aqla: Al Jazeera files case at ICC over journalist's killing

[December 6, 2022]


The Al Jazeera network has submitted a case against Israeli forces at the International Criminal Court (ICC) over the killing of Shireen Abu Aqla.


The Palestinian-American journalist was shot in the head during an Israeli army raid in the occupied West Bank in May.


The Israeli military concluded that one of its soldiers probably killed her, but called her death unintentional.


Al Jazeera said that was completely unfounded and that its evidence showed it was a "deliberate killing".


Learn more at: https://www.bbc.com/news/world-middle-east-63871856

ICJ declines to issue decision in Chile-Bolivia river dispute

[December 1, 2022]


The International Court of Justice (ICJ) has declined to issue a decision in an international dispute over the Silala River, one of several water-related issues that have spurred tensions between Chile and Bolivia.


Chile is in the middle of an historic, massive 13-year drought, and Bolivia is likewise experiencing parched conditions, as La Nina weather conditions return to the region for a third straight year, causing a shortage of rain.


But in its judgement on Thursday, the Hague-based, United Nations court said the two countries appeared to be in agreement about the river’s status as “an international watercourse”, subject to international law.


The judges urged the South American neighbours to work together on issues surrounding the frontier waterway, saying a “shared resource can only be protected through cooperation”.


Learn more at: https://www.aljazeera.com/news/2022/12/1/icj-declines-to-issue-decision-in-chile-bolivia-river-dispute

Singapore lifts gay sex ban but blocks path toward marriage equality

[November 30, 2022]


Singapore’s parliament has decriminalised sex between men, but has amended the constitution to effectively block full marriage equality.


The British colonial-era law penalised sex between men with up to two years in jail, although the statute was not actively enforced.


The law had long been criticised as discriminatory and stigmatising to the LGBTQ+ community.


Learn more at: https://www.theguardian.com/world/2022/nov/30/singapore-lifts-gay-sex-ban-but-blocks-path-toward-marriage-equality

French National Assembly advances right to abortion constitutional amendment

[November 25, 2022]


An overwhelming majority of the French National Assembly Thursday voted to add the right to abortion to the country’s constitution. The vote was proposed during a niche parlementaire, a day when one of the minority parties in the National Assembly controls its agenda. 337 members of France’s lower house of Parliament voted in favor of the motion, 32 members voted against and 18 abstained. The bill would add an article to the constitution to recognize that French law “guarantees the effectiveness of and equal access to the right to voluntary interruption of pregnancy.”


Learn more at: https://www.jurist.org/news/2022/11/french-national-assembly-advances-right-to-abortion-constitutional-amendment/

New Zealand Supreme Court rules voting age of 18 is discriminatory

[November 21, 2022]


New Zealand's Supreme Court has ruled that the country's current voting age of 18 is discriminatory, meaning parliament must discuss whether it should be lowered.


The case was brought by campaign group Make It 16, which wants the voting age reduced to include 16 and 17 year olds.


"This is history," Make It 16 co-director Caeden Tipler said.


The group argued that young people should be able to vote on matters affecting them, such as climate change.

Learn more at: https://www.bbc.com/news/world-asia-63699786

Read more at: https://www.npr.org/2022/11/21/1138184307/new-zealand-lawmakers-will-vote-on-whether-to-lower-the-national-voting-age-to-1

Canada sanctions Haiti ex-President Martelly for financing gangs

[November 20, 2022]


Canada has sanctioned former Haitian President Michel Martelly and two former prime ministers for financing gangs, Canadian authorities said on Sunday, the latest in a series of measures targeting alleged backers of Haitian criminal groups.


In September, Haitian gangs created a humanitarian crisis by blocking a fuel terminal for nearly six weeks, halting most economic activity and triggering U.N. discussion of a possible foreign strike force to open the terminal.


Canada and the United States have sanctioned political leaders who allegedly finance the gangs, which according to policy makers are backed by Haitian elites.

Learn more at: https://www.reuters.com/world/americas/canada-sanctions-haiti-ex-president-martelly-financing-gangs-2022-11-20/

Jamal Khashoggi murder timeline: Saudi Crown Prince gets US immunity

[November 18, 2022]


The United States administration on 17 November ruled that the Saudi Arabian Crown Prince Mohammed bin Salman has immunity in the Jamal Khashoggi murder case from the jurisdiction of US courts.


As per reports, Khashoggi, a columnist for the Washington Post, was murdered by alleged order from Saudi Crown Prince Mohammed bin Salman, as Khashoggi wrote critically of the crown prince and his policies.


Though the Saudi crown prince had denied his involvement and blamed the event on rogue operatives, the UN special rapporteur on extrajudicial, summary or arbitrary executions, have concluded the order likely came from highest levels of the Saudi government, reported Al Jazeera.

Learn more at: https://www.livemint.com/news/world/jamal-khashoggi-murder-timeline-saudi-crown-prince-gets-us-immunity-all-details-here-11668776599300.html

Read more at: https://www.jurist.org/news/2022/11/biden-administration-saudi-crown-prince-should-have-immunity-from-us-lawsuit-over-jamal-khashoggi-murder/

COP27 – five key takeaways from the UN climate talks

[November 18, 2022]


The latest round of UN climate talks opened with familiar warnings as several major reports released in the run-up painted a bleak picture of worsening climate impacts and a significant lack of progress on cutting emissions. UN secretary-general António Guterres concluded that the world was “on a highway to climate hell with our foot on the accelerator.”


These warnings exacerbated the distrust between developing and developed countries that has plagued the UN climate process for years. In the end, developing countries achieved a major breakthrough on one of their biggest asks, but the talks were left wanting on stronger emissions reductions and fossil fuel phase-out.

Learn more at: https://impact.economist.com/sustainability/five-key-takeaways-cop27

Read more at: https://theecologist.org/2022/nov/15/losing-it-cop27

Spain's new sex abuse law sparks jail terms row

[November 18, 2022]


A row has erupted in Spain after it emerged a landmark law to toughen penalties for sex crimes is being used by lawyers to reduce clients' existing sentences.


The "only yes means yes" law was prompted by the notorious 2016 Manada or "wolf pack" case, when five men raped an 18-year-old woman in Pamplona.


The new law took effect last month.


But, according to Spanish media, at least four sex offenders can now leave jail early as a result of the change.


Lawyers have also won sentence reductions for convicted abusers in at least eight other cases.


A lawyer for the Manada gang, Agustín Martínez, also revealed he was working to get a reduced sentence for one of the five convicted of the attack.

Learn more at: https://www.bbc.com/news/world-europe-63662930

Three top Australian banks settle class action lawsuits for $84 million

[November 14, 2022]


Three of Australia's 'big four' banks settled separate class action lawsuits for A$126 million ($84.51 million) with Slater & Gordon (SGH.AX), who took the banks to court two years ago over sale of credit insurance products, the companies said on Monday.


Law firm Slater & Gordon in 2020 filed class action lawsuits against Commonwealth Bank of Australia (CBA.AX), Westpac Banking Corp (WBC.AX), and Australia and New Zealand Banking Group (ANZ.AX) on behalf of around one million customers.


The lawsuit alleged the entities and associated parties made customers believe their policy payments were "compulsory or provided value to them", as well as misled or were deceptive in conduct over selling or issuing policies with no value, the law firm said.

Learn more at: https://www.reuters.com/legal/australias-anz-pay-28-mln-settle-consumer-credit-insurance-lawsuit-2022-11-13/

Iran issues first death sentence over protests

[November 14, 2022]


Iran has issued a first death sentence over protests that have mounted a fierce challenge to four decades of hardline clerical rule, as rights groups warn that a wave of executions may follow as leaders try to end nearly two months of sustained nationwide dissent.


The execution was ordered for an unidentified person for allegedly setting fire to a government building. It followed 227 of Iran’s 290 lawmakers voting earlier this month to implement the death penalty for serious crimes against the state, and repeated demands by some officials to take a harder line against unrest that shows little sign of abating.

Learn more at: https://www.theguardian.com/world/2022/nov/14/iran-issues-first-death-sentence-protests-mahsa-amini

Killers of ex-Indian PM Rajiv Gandhi released after court order

[November 12, 2022]


The last co-conspirators jailed for the 1991 assassination of former Indian Prime Minister Rajiv Gandhi have been released from prison, one day after an order from the country’s Supreme Court.


Gandhi, 46, was killed by a female suicide bomber at an election rally in the southern Indian state of Tamil Nadu in a plot by the Liberation Tigers of Tamil Eelam (LTTE), a Sri Lankan armed separatist group.


India’s apex court allowed the release of the six convicts, citing their “satisfactory conduct” in prison and the fact that they had already served more than 30 years behind bars.


Three of the six – Nalini Sriharan, her husband Murugan, and Santhan – were released from two prisons in Vellore on Saturday, about 140km (87 miles) from the regional capital Chennai, according to an AFP journalist at the scene.

Learn more at: https://www.aljazeera.com/news/2022/11/12/killers-of-ex-indian-pm-rajiv-gandhi-walk-free-after-court-order

How Iran's Universities have become the center of a national uprising? 

[November 04, 2022]


In Iran, sharing a meal can be a revolutionary act. University dining halls, which for decades have been gender-segregated spaces, have become a new front line in the country’s uprising.


Students chanting “woman, life, freedom” are risking expulsion, assault and arrest in a struggle to eat lunch together. When authorities have closed campus cafeterias in retaliation, students have congregated outside for protest picnics.

How a viral song became the unofficial anthem of Iran’s protests : https://www.washingtonpost.com/world/2022/10/04/iran-protests-song-shervin-hajipour-arrested/

Learn more at: https://www.washingtonpost.com/world/2022/11/04/iran-protests-students-hijab-amini/

Glencore ordered to pay millions over Africa oil bribes

[November 04, 2022]


A UK subsidiary of mining giant Glencore has been ordered to pay more than £275m for bribing officials in African countries to get access to oil.


The company paid $26m (£23m) through agents and employees to officials of crude oil firms in Nigeria, Cameroon and Ivory Coast between 2011 and 2016.Prosecutors said Glencore Energy UK employees and agents used private jets to transfer cash to pay the bribes.


Glencore Energy UK pleaded guilty to seven corruption offences in June.It was ordered to pay a fine of £182.9m by Judge Peter Fraser at Southwark Crown Court, who also approved £93.5m to be confiscated from the company.Along with five charges of bribery, the subsidiary admitted charges of failing to prevent agents from using bribes to secure oil contracts in Equatorial Guinea and South Sudan.

Learn more at: https://www.bbc.com/news/business-63497376 

How many workers died building the Qatar World Cup? Misinformation conceals the true scandal

[November 03, 2022]


In August 2018, Tej Narayan Tharu fell to his death while while working on a site at the Qatar World Cup. One moment, he was a 24-year-old with a family and a future. The next, he was a cremated statistic. In Itahari, Nepal, as flames engulfed his coffin, his wife wailed and collapsed in grief. In Qatar, though, he became a footnote to a broader controversy.

Throughout a yearslong debate over the human cost of the 2022 World Cup, FIFA and the Qatari organizing committee have maintained that Tharu is one of three migrant workers who’ve died building it.

Countless Westerners believe that he is one of thousands.

More questions of Human Rights Violations: https://www.deccanherald.com/business/thousands-of-workers-evicted-in-qatars-capital-ahead-of-world-cup-1157584.html

Learn more at: https://www.forbes.com/sites/samindrakunti/2022/10/31/qatar-world-cup-comes-with-human-rights-abuses-and-controversy/

Learn more at: https://sports.yahoo.com/how-many-workers-died-building-the-qatar-world-cup-misinformation-conceals-the-true-scandal-204743895.html

Warring parties in Ethiopia agree on 'permanent cessation of hostilities'

[November 03, 2022]


The Ethiopian government and the Tigray People’s Liberation Front (TPLF) have agreed to permanently end hostilities, in a significant step toward ending the grinding war that has seen thousands of people killed, millions displaced, and millions more left in urgent need of food assistance.

The two sides said on Wednesday evening that they would “permanently silence the guns and end the two years of conflict in northern Ethiopia” in a joint statement published after delegates shook hands.

Background on the War: https://www.vox.com/world/2022/11/3/23438725/ethiopia-tigray-peace-deal-cessation-hostilities

Learn more at: https://edition.cnn.com/2022/11/02/africa/ethiopia-cessation-hostilities-intl/index.html

Global Food Crisis, Nuclear threats & Ukraine-Russia War

[November 03, 2022]


With the Ukraine-Russia crisis entering its 253rd day, cross-shelling continues amidst a number of actions bearing global implications. With imminent news on threats to global food security and nuclear arms, world members begin expressing concern.  


Chronological updates on the Crisis: https://www.aljazeera.com/news/2022/11/3/russia-ukraine-war-list-of-key-events-day-253 

Learn more at: https://www.aljazeera.com/news/2022/11/3/russia-backs-out-of-grain-deal-doesnt-attack-ships-rejoins 

Learn more at: https://www.bbc.com/news/world-europe-63488547 

Rishi Sunak becomes the U.K.'s first Prime Minister of color 

[October 25, 2022]


The son of immigrants, a second-attempt success, an advocate of the Brexit-move and a fantasized Jedi Knight- Indian-origin MP Rishi Sunak was appointed as the first Prime Minister of color of the UK in light of UK's debilitating economic crisis that ensued under the Truss reign.

Learn more at: https://www.bbc.com/news/uk-politics-62596329 

US charges alleged Chinese spies in telecoms probe case

[October 24, 2022]

Two Chinese nationals have been charged with paying thousands of dollars in cash and jewellery to obstruct a federal investigation into a major telecommunications company.


According to prosecutors, the two men attempted to recruit a US law enforcement official as an intelligence asset to help interfere with the probe.


The official, however, was working as a double agent for the FBI.


Eleven other Chinese citizens were also charged in two other spying cases.

Learn more at: https://www.bbc.com/news/world-us-canada-63378817

In A Historic Feat, ISRO Successfully Launches 36 Communication Satellites In LEO

[October 23, 2022]

Indian Space Research Organisations' heaviest rocket LVM3-M2 on its maiden commercial mission on Sunday successfully placed 36 broadband communication satellites of a UK-based customer into the intended orbits, the space agency said, describing the mission as 'historic'. 

OneWeb Ltd is the UK-based customer of NewSpace India Ltd (NSIL), ISRO's commercial arm, and a global communication network powered from space, enabling internet connectivity for governments and businesses. Bharti Enterprises is one of the major investors in OneWeb. 

The liftoff from southern India was the first launch for London-based OneWeb since breaking with the Russian Space Agency in March because of Moscow’s invasion of Ukraine. 

Learn more at: https://www.outlookindia.com/national/in-a-historic-feat-isro-successfully-launches-36-communication-satellites-in-leo-news-232039

'Turkey has long been hell for journalists': Reporters slam country's new 'fake news' law

[October 21, 2022]

Learn more at: https://www.cnbc.com/amp/2022/10/21/turkish-reporters-slam-countrys-new-fake-news-law.html

New Zealand passes plain language bill to jettison jargon

[October 20, 2022]

New Zealand has bid its farewell to grandiloquent memos and sesquipedalian documents, passing a new law to banish jargon and complex language from its bureaucracy.

The Plain Language Act, which requires officials to use plain, easily understood language when communicating with the public, passed its third reading on Wednesday night. The government says it will make for a more inclusive democracy, particularly for people who speak English as a second language, people with disabilities, and those with lower levels of education.

Learn more at: https://www.theguardian.com/world/2022/oct/20/new-zealand-passes-plain-language-bill-to-jettison-jargon

Google fined $162 mln by India antitrust watchdog for abuse of Android platform

[October 20, 2022]

India's competition regulator on Thursday ordered Alphabet Inc's (GOOGL.O) Google to change its approach to its Android platform and fined the U.S. tech company 13.38 billion Indian rupees ($161.95 million) for anticompetitive practices.

The Competition Commission of India (CCI) said Google leveraged its dominant position in markets such as online search and app store for Android, to protect the position of its apps like Chrome and YouTube in mobile Web browsers and online video hosting.

CCI also restricted Google from certain revenue sharing agreements with smartphone makers, noting that such practices helped Google to secure exclusivity for its search services "to the total exclusion of competitors." 

Learn more at: https://www.reuters.com/world/india/india-competition-regulator-fines-google-16195-mln-anti-competitive-practices-2022-10-20/

UK Law Commission to review international laws on crypto to consider legal reforms

[October 18, 2022]

The Law Commission of England and Wales will set about reviewing private international legal challenges involving cryptocurrencies through a government-commissioned project.

The review, launched on Oct. 18, will provide clarity on how international law approaches emerging technologies like cryptocurrencies, digital assets and electronic documentation.

The law reform project, dubbed "Digital Assets: Which Law, Which Court?" will outline current international legal rules and their application to digital contexts with the purview of making recommendations for legal reforms to keep United Kingdom laws relevant.

Learn more at: https://cointelegraph.com/news/uk-law-commission-to-review-international-laws-on-crypto-to-consider-legal-reforms

EU top court: Employers banning religious signs at work is not discrimination

[October 13, 2022]

The Court of Justice of the European Union ruled Thursday that internal legislation by an employer prohibiting the visible wearing of all religious, philosophical or spiritual signs at work does not constitute direct discrimination.

The background to the ruling was a legal dispute ongoing since 2018 in front of Belgian courts between a Muslim woman and SCRL, a company which manages social housing.

The woman indicated during a job interview that she would not remove her Islamic headscarf during work in order to comply with the company’s policy of neutrality promoted in the terms of employment.

Learn more at: https://www.politico.eu/article/prohibit-religious-sign-employer-is-not-discrimination-eu-court-justice-ruling/

Russia adds Meta to list of ‘terrorist and extremist’ organisations

[October 12, 2022]

Russia on Tuesday added United States tech giant Meta, the parent company of Instagram and Facebook, to a list of “terrorist and extremist” organisations, according to a database of the Federal Service for Financial Monitoring, Rosfinmonitoring.

Russia in late March banned Facebook and Instagram for “carrying out extremist activities” after authorities accused Meta of tolerating “Russophobia” during Russia’s military campaign in Ukraine.

Learn more at: https://www.thehindu.com/news/international/russia-adds-meta-to-terrorists-and-extremists-organisations-list/article65996986.ece

Not-so-toothless norms for outer space

[October 6, 2022]

Fault Liability

Under Article II of the Liability Convention, a launching state bears absolute liability for any damage occurring on the surface of the Earth or to an aircraft in flight. This means that, regardless of whose fault it was, the launching state is fully liable. Perhaps the only instance of this provision being invoked was the case of the Soviet satellite Cosmos 954, which crashed onto Canadian soil.[3] In such cases, there is no dispute about “fault”. The only element that matters is damage.

For damage that occurs in outer space, Article III of the Liability Convention provides for fault-based liability. The elements which must be proven are that a space object of one state, due to that state’s ‘fault’, caused damage to the space object of another state. While the space environment makes it difficult to prove that one space object collided with another space object—let alone proof of legal causation—this problem can increasingly be mitigated through technology. As Space Situational Awareness (SSA) improves through better ground- and space-based sensors, as well as our increased knowledge of orbital dynamics, causation may be easier to demonstrate. Yet the concept of ‘fault’ presents something of a legal black hole.

Learn more at: https://www.orfonline.org/expert-speak/not-so-toothless-norms-for-outer-space/

Palestine legal group: Moving UK embassy to Jerusalem against commitments to international law

[October 6, 2022]

A Palestinian legal organisation has condemned the British government's consideration to move its embassy in Israel from the capital, Tel Aviv, to Jerusalem, asserting that it directly contradicts the United Kingdom's recognition of East Jerusalem as an occupied territory and its commitments to international law.

In a statement by the UK-based International Centre of Justice for Palestinians (ICJP), it addressed the British Prime Minister Liz Truss's guarantee to her Israeli counterpart, Yair Lapid, last month that her office will review the British embassy's location, which opened the potential for it to be moved to Jerusalem.

Calling it a "radical shift in the UK Government's position on Jerusalem", the ICJP expressed its concern over the move's legality and "the implications this may have on any permanent status negotiations between Israel and Palestine."

By iterating that Israel's "status as an occupying power comes with responsibility of maintaining that status … under international law", it stated that Tel Aviv's "actions of destruction and confiscation of the land fall squarely in violation with its obligations", one of which is the attempted annexation of East Jerusalem.

"Israel's desire for His Majesty's Government (HMG) to move the UK embassy to Jerusalem must be viewed as another step towards Israel's unlawful and consistently condemned attempts to transform the status of Jerusalem by international bodies and the international community", the ICJP stated.

Learn more at: https://www.middleeastmonitor.com/20221006-palestine-legal-group-moving-uk-embassy-to-jerusalem-against-commitments-to-international-law/

Greek PM calls for ‘respect for international law,’ as Europe’s new club meets

[October 6, 2022]

As the leaders of 44 European countries meet in Prague on Thursday, at a historic first meeting of a new political club of nations, Greek Prime Minister Kyriakos Mitsotakis said all members must show “respect for international law and protection of human rights… not only in words but also in deeds.”

The Prague gathering is the inaugural summit of the European Political Community (EPC), a format that is a brainchild of French President Emmanuel Macron and brings together the 27 European Union members with 17 other European countries. Russia is not invited.

Learn more at: https://www.ekathimerini.com/news/1195009/greek-pm-calls-for-respect-for-international-law-as-europes-new-club-meets/

Law and Possible Conflict Over Taiwan

[October 5, 2022]

On October 29, 2021, the Congressional Study Group on Foreign Relations and National Security convened over Zoom to discuss legal and policy issues surrounding a possible military conflict between the United States and the People’s Republic of China (PRC) over Taiwan. In recent months, China has ramped up its bellicose rhetoric and military activity in the Taiwan straits, leading Taiwanese, PRC, and American officials to increasingly discuss the possibility of a Chinese invasion of Taiwan. This has in turn raised questions over the legal authorities and obligations of the U.S. government in relation to Taiwan, including questions of recognition, arms sales, security commitments, and war powers.

The group was joined by two outside experts with extensive experience in this area: professor Julian Ku of Hofstra University School of Law, an expert in international law, constitutional law, and China-U.S. relations; and professor Margaret Lewis of Seton Hall Law School who focuses on the law in both China and Taiwan, with a particular focus on human rights. Lewis joined the study group remotely from Taiwan, where she was teaching and conducting field research.

Learn more at: https://www.brookings.edu/research/law-and-possible-conflict-over-taiwan/

Human Rights Council Discusses the Situation of Human Rights in Ukraine and in the Democratic Republic of the Congo under its Technical Assistance and Capacity Building Agenda Item

[October 4, 2022]

The Human Rights Council this afternoon held an interactive dialogue on the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine, as well as an enhanced interactive dialogue on the situation of human rights in the Democratic Republic of the Congo, both under its agenda item 10 on technical assistance and capacity building.

Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, said the Russian Federation’s wide-scale armed attack had resulted in a dire human rights situation across Ukraine.  The people in Ukraine had experienced unspeakable suffering and devastation, as the armed conflict had led to a wide range of violations of human rights and international humanitarian law affecting both civilians and combatants.  Civilians continued to bear the brunt of the hostilities.  As of yesterday, the Office of the High Commissioner had documented 6,114 civilians killed, including 390 children, and 9,132 injured, including 690 children.  Mr. Salazar Volkmann stressed that the real figures were likely considerably higher.  The Council and the international community should do everything possible to prevent further escalation, encourage all efforts at peace, and ensure respect for international human rights and humanitarian law in Ukraine.

Learn more at: https://www.ohchr.org/en/press-releases/2022/10/human-rights-council-discusses-situation-human-rights-ukraine-and-democratic

Braverman's proposed asylum ban a ‘blatant breach of international law,’ charities warn

[October 4, 2022]

SUELLA BRAVERMAN’S “barbaric” plan to ban refugees who cross the Channel from claiming asylum in Britain is a “blatant breach of international law,” refugee rights groups have warned.

The Home Secretary was expected to announce the new powers in her first big speech to Tory Party conference today.

Under new legislation, a blanket ban would be imposed on anyone arriving to Britain via irregular routes, including by small boat across the Channel, from claiming asylum.

The proposals go further than the Nationality and Borders Act, which reduced the ability of people to claim asylum in Britain, but has exceptions.

Learn more at: https://morningstaronline.co.uk/article/b/bravermans-asylum-ban-plans-blatant-breach-international-law-charities-warn

Russian, US Violations of International Law Leave India Tongue-Tied

[October 1, 2022]

 In the last 48 hours, India has kept silent on key violations of international law by Russia and the United States, opting not to condemn the Russian annexation of Ukrainian territory and the US imposition of extra-territorial economic sanctions on Indian entities for trading with Iran,

At the UN Security Council on Friday, September 30, India abstained during the voting of a draft resolution – rejected due to a veto by Russia – that sought to condemn Moscow for holding referendums and then annexing four Ukrainian regions where Russian speakers are in a majority. India’s explanation of vote did not even mention the referendums that were conducted by Russia as the military occupier.

Sponsored by the US and Albania, the draft UNSC resolution garnered four abstentions from India, China, Brazil and Gabon. Ten votes were in favour, but the draft was not adopted as Russia wielded its veto.

This is likely the 12th time that India has abstained in voting on a draft resolution or a procedural matter related to Russia’s invasion of Ukraine at a major UN body since February 24.

Learn more at: https://thewire.in/diplomacy/india-international-law-violations-russia-the-us

UK is appalled by Russia's flouting of international law: UK statement to the OSC

[October 6, 2022]

It is clear to any observer how shambolic and futile these attempted annexation announcements really are. As President Putin hosted his ceremony in Moscow, Russian forces were being driven out of the Donetsk Oblast town of Lyman by the advancing Ukrainian Armed Forces. Ukraine’s continued success in its counter-attacks highlights the absurdity of Putin’s annexation attempts. Luhansk, Donetsk, Zaporizhzhia and Kherson – alongside Crimea – are Ukraine, as per their internationally recognised borders and as overwhelmingly expressed by Ukrainians.

Although we in the international community will never recognise the results of the sham referenda, and stand unified in condemnation of Russia’s attempted illegal annexation, this does not stop the suffering being experienced by Ukrainians every day in the temporarily Russian controlled areas – suffering solely caused by President Putin and his Armed Forces.

Learn more at: https://www.gov.uk/government/speeches/uk-is-appalled-by-russias-flouting-of-international-law-uk-statement-to-the-osce

The International Law of War and Russia’s ‘Special Military Operation’

[September 30, 2022]

Moscow has refused to call its actions in Ukraine a ‘war’, instead suggesting that it is simply conducting a ‘special military operation’. Such an unyielding position is inherently steeped in the international law of warfare. By refusing to issue an official Declaration of War against Kyiv, the Kremlin is cherry-picking jus ad bellum norms in order to paint its actions as a “[humanitarian] intervention by invitation”, feeding into its perception of Ukraine as an unviable state, whilst also seeking to avert a myriad of unfavourable domestic implications which would be triggered by a State of War.

“Intervention by Invitation” 

Putin has sought, quite skillfully, to frame and justify his invasion of Ukraine using language present in the UN Charter, portraying the war as akin to a self-defensive peacekeeping mission. In his speech on 24 February, the Russian president evoked Article 51 of the Charter on the “inherent right of individual and collective self-defence.” He ironically argued  Moscow was justified in using force against Kyiv to prevent the latter from using force against the pro-Russian Donbas republics, suggesting that Russia does not start wars but rather “ends them”. 

The Kremlin’s desire to portray its actions as being in line with international law has also stemmed from its direct recognition of the Donetsk and Luhansk People’s Republics (DPR and LPR, respectively) three days before the invasion. Although neither the DPR nor the LPR meets the sovereignty requirements outlined in the Montevideo Convention, Moscow nevertheless used their recognition to argue that its actions do not constitute a war but rather a legitimate “intervention by invitation.” Russia has also sought to tie its prior justification with the concepts of humanitarian intervention and the responsibility to protect (R2P) principle, arguing that since Kyiv was committing ‘genocide’ against the pro-Russian population in eastern Ukraine, and in light of Zelensky’s unwillingness to prevent grave human rights abuses, Moscow had no other choice but to use force to stem these violations.

Learn more at: https://globalriskinsights.com/2022/09/the-international-law-of-war-and-russias-special-military-operation/

 ‘International law being driven by Asian countries’: Singapore Law Minister K Shanmugam

[September 27, 2022]

With a recent surge in India-Singapore cooperation in the fields of law, business and trade, India Today spoke exclusively to K Shanmugam, Minister for Law, Singapore. The interview, held on 23 September, came soon after the 'Singapore Convention Week', and an inter-ministerial delegation from Singapore visited India.

“Traditional centers for commercial arbitration were London and the US, which were the centers of business and economy. Now the top five commercial centers are in Asia,” said the minister.

“In the past, the law was developed in London, you had time also. Commerce developed and you had time to look at it and slowly develop rules. Today, the pace of change is exponential. The laws and the frameworks have to be developed at a similar pace. Secondly, it is no longer being done in one place, it is across the world. How do you get countries around the world to come up with common standards? That’s going to be a big challenge,” said Shanmugam.

Learn more at: https://www.indiatoday.in/law/story/shift-in-centers-of-commerce-international-law-also-being-driven-by-asian-countries-singapore-law-minister-k-shanmugam-exclusive-2005435-2022-09-27

Transitional Provisions For The Monegasque Code Of Private International Law In Matters Of Succession

[September 26, 2022]

The Monegasque Code of Private International Law, as set down by Act n°1.448 of 28 June 2017, has been in force in the Principality's legal system since 8 July 2017.


In the absence of transitional provisions, the question of the application of the law over time  led to several contradictory case law to which the Court of Revision of Monaco recently replied with a formal case law of 21 March 2022, confirming that the Code's provisions were immediately applicable to all pending proceedings, including successions opened before it came into force.

According to this case law, any estate opened before 2017, even more than 30 years ago, and not settled by a partition deed or a final and definitive Court decision, could be challenged and reconsidered  under the lens of the new Monegasque Code of Private International Law, i.e. potentially under a different law. Given the important interests at stake, the result was a real problem of predictability  of judicial solutions and legal uncertainty which have a negative impact  on the attractiveness of the Principality.

This solution, which runs counter to the opinion of the legal doctrine (M.Revillard, Defrénois, 2017, n°29, p.23) and criticized by law professionals (Christine Pasquier-Ciulla and Sandra Adeline, Recueil Dalloz – 30 septembre 2021 – Feu le principe de non-rétroactivité de la loi à Monaco ?), has been sanctioned by a new Law N°1.529 of 29 July 2022 containing various economic and financial provisions.

Learn more at: https://www.mondaq.com/wills-intestacy-estate-planning/1233394/transitional-provisions-for-the-monegasque-code-of-private-international-law-in-matters-of-succession

 Staying ahead of the Curve – Climate Security…

[September 23, 2022]

Summary

This High-Level Side Event, hosted by Germany and Palau, will explore effective approaches to resolving humanitarian, peace- and security-related and geopolitical effects of climate change. Discussions will focus on the legal frame in which we strive to address climate change.

Description

Is our international legal framework sufficient to face the upcoming challenges?  Do we need new legal tools?

What international legal instruments are needed to counter climate-related threats, losses and damage to people and states?

How can instruments under international law be interpreted in a contemporary manner? Which instruments may need to be adapted or supplemented in order to be able to provide a response to the challenges associated with climate change - but without weakening established standards?

Learn more at: https://media.un.org/en/asset/k16/k16q9f1iap

Israel defies peace agreements, international law: Palestinian PM

[September 18, 2022]

Palestinian Prime Minister Mohammed Ishtaye has accused Israel of defying all the signed peace agreements and disregarding international law.

He made the remarks during the annual grape festival held in the West Bank city of Hebron, urging the Israeli government to stop all its violations in the Palestinian territories, according to a Palestinian statement on Saturday.

“The occupation (Israel) violates all the signed peace agreements with disrespect and does not respect the law and international legitimacy,” Ishtaye was quoted as saying

Learn more at: https://www.siasat.com/israel-defies-peace-agreements-international-law-palestinian-pm-2415328/

Lunar mining falls into gray area of international law, but talks are underway to avoid conflict

[September 13, 2022]

It’s been 50 years since humans last visited the Moon, and even robotic missions have been few and far between. But the Earth’s only natural satellite is about to get crowded.

At least six countries and a flurry of private companies have publicly announced more than 250 missions to the Moon to occur within the next decade. Many of these missions include plans for permanent lunar bases and are motivated in large part by ambitions to assess and begin utilizing the Moon’s natural resources. In the short term, resources would be used to support lunar missions, but in the long term, the Moon and its resources will be a critical gateway for missions to the broader riches of the solar system.

But these lofty ambitions collide with a looming legal question. On Earth, possession and ownership of natural resources are based on territorial sovereignty. Conversely, Article II of the Outer Space Treaty – the 60-year-old agreement that guides human activity in space – forbids nations from claiming territory in space. This limitation includes the Moon, planets and asteroids. So how will space resources be managed?

Learn more at: https://astronomy.com/news/2022/09/lunar-mining-falls-into-a-gray-area-of-international-law-but-talks-are-underway-to-avoid-conflict

FATF and INTERPOL intensify global asset recovery

[September 13, 2022]

Singapore – The Financial Action Task Force (FATF) and INTERPOL have launched a joint initiative to deprive criminals of their dirty money, marking a turning point in global efforts to recover illicit assets.


While asset recovery should be a key pillar of a country’s approach to combating money laundering and terrorist financing, countries intercept and recover less than one per cent of global illicit financial flows, according to estimates by the United Nations Office on Drugs and Crime. Stolen assets are often moved out of countries quickly and channeled to or through multiple countries, rendering the process of asset recovery complex and requiring lengthy international cooperation.

The first ever FATF-INTERPOL Roundtable Engagement (FIRE) event gathered 150 high-level experts who highlighted the pressing need to:

In a joint drive to reinforce and mobilize the community of global experts, the conference (12 and 13 September) brought together law enforcement agencies, financial intelligence units, asset recovery offices, prosecutors, policy makers, international organizations and private sector industry leaders.

Learn more at: https://www.interpol.int/fr/Actualites-et-evenements/Actualites/2022/FATF-and-INTERPOL-intensify-global-asset-recovery

European Parliament votes for new deforestation law

[September 13, 2022]

The European Parliament today voted for a new deforestation law to help protect the world’s forests. The law aims to ensure that agricultural products sold in Europe are free of deforestation and human rights violations. Companies will be required to guarantee that the products they sell in Europe are not driving deforestation or human rights abuses. The Parliament voted to strengthen the initial draft law prepared by the European Commission, particularly by widening the scope of commodities to include natural rubber, maize and leather; extending the definition of “forests” to include other wooded lands (such as the Cerrado savannah in Brazil); and ensuring companies undertake due diligence with regards to upholding human rights and Indigenous peoples’ rights in their supply chains.  

However, the Parliament’s proposals stopped short of addressing the impacts of EU commodity imports on other fragile ecosystems, such as wetlands and peatlands, and worryingly would allow large operators and traders to carry out their own due diligence on products rather than requiring independent third-party audits.  

Learn more at: https://www.mightyearth.org/2022/09/13/european-parliament-votes-for-new-deforestation-law/

Four rights organizations call UNHRC to adopt strong resolution on human rights in Sri Lanka

[September 13, 2022]

Four rights organizations, including Amnesty International, Human Rights Watch, Forum Asia and the International Commission of Jurists have called for permanent representatives of member and observer states of the United Nations Human Rights Council to adopt a strong resolution on human rights in Sri Lanka. 

Accordingly, the four organizations have called for support for a strong resolution on human rights in Sri Lanka, which renews the OHCHR Accountability Project and addresses ongoing violations and abuses, including the suppression of freedom of expression and peaceful assembly.

Pointing out that Sri Lanka is currently suffering an economic, political and human rights crisis, the rights organizations state that during the recent months, countless people have taken to the streets to call for reform, accountability for corruption, and for urgent Government action to protect their rights.

Learn more at: https://www.newsfirst.lk/2022/09/13/four-rights-organizations-call-unhrc-to-adopt-strong-resolution-on-human-rights-in-sri-lanka/

India has lost its way in the use of international law

[September 13, 2022]

India and International Law:

The Indian constitution and international law have links dating back to the pre-independence days when India was a separate member of the league of nations even during the times of British rule.

The Indian Constitution which is greatly influenced by the values imbibed in The Universal Declaration of Human Rights(UDHR)(international document adopted by the United Nations General Assembly).

Article 51: According to the provisions in this Article, the state has the responsibility to promote international peace and security in the nation and maintain just and honorable relations with other nations.

Steps were taken by India at the time of Independence:

Article 51: India’s Constitution makers saw the value of international law and thus provided in Article 51 that the state shall foster respect for international law.

Asian-African Conference at Bandung in 1955: India asserted its sovereignty and championed the principle of self-determination in international law.

Recent Steps:

Comprehensive Convention on International Terrorism (CCIT): India has played an active role in shaping international law on terrorism by proposing a CCIT.

International Solar Alliance (ISA): A bold attempt to influence international environmental law.

Learn more at: https://www.thehindu.com/opinion/op-ed/india-has-lost-its-way-in-the-use-of-international-law/article65883399.ece/amp/

Despite international laws, Myanmar continuously violating Bangladesh’s airspace

[September 12, 2022]

The bullets fired from Myanmar have arrived inside Bangladesh at Ghumdhum-Tumbru border of Naikxyongchari upazila of Bandarban district. As of writing this report (Saturday, 6.25 p.m.), shelling is still going on in Myanmar. Shelling has been going on in the border areas of the country for several days. On Friday (September 9) afternoon, the firing took place in bordering Myanmar territory. The bullets fired from there have reached Tumbru area. It is reported that there were no casualties.

Local people reported that the bullets fired from Myanmar have landed in Konapara on the Tumbru border. However, there were no casualties. Gunshots are heard across the border. The shelling was stopped for only two days in between. Since then, there has been shelling. Bangladesh authorites are monitoring the border.

The firing started from 3:30 pm today. Later in the evening, locals reported that a small arms fire was heard in Ward No. 3 Tambru Ghonarpara area. However, no casualty was reported.

According to media reports, the firing has been going on at the border since afternoon. Gunshots are still heard. People are afraid because it is night. People heard that another bullet from Myanmar has landed here today. Fighter planes were also seen in the sky.

Learn more at: https://www.nagalandpost.com/index.php/despite-international-laws-myanmar-continuously-violating-bangladeshs-airspace/

Soft Law on Sovereign borrowing and lending: UNCTAD principles on promoting responsible Sovereign borrowing and lending

[September 12, 2022]

Past decades have witnessed efforts to develop soft laws or norms for sovereign debt; sovereign financing is one of the most underdeveloped areas of international law, and domestic laws mainly govern sovereign debts.1 This legal void has contributed insufficient deterrence to irresponsible or sub-optimal sovereign lending and borrowing. There are no clear boundaries or expectations for the behavior of creditors and borrowers. As attempts to introduce hard international laws and regulations binding on countries have suffered repeated setbacks, and international consensus has been difficult to reach, soft laws are meant to introduce behavioral changes and set clear boundaries for the correct code of conduct.

The Principles on Promoting Responsible Sovereign Lending and Borrowing, developed under the auspices of the United Nations Conference on Trade and Development (UNCTAD) and launched in 2012, have been acknowledged for their comprehensive coverage of debt instruments; inclusiveness in formulation, validation and consensus building processes; and solid backstopping by scholarly research and analysis. The UNCTAD Principles clearly set out the co-responsibilities of both lenders to sovereigns and sovereign borrowers, covering all debt instruments used by sovereigns and all categories of countries.

Learn more at: https://internationalbanker.com/finance/soft-law-on-sovereign-borrowing-and-lending-unctad-principles-on-promoting-responsible-sovereign-lending-and-borrowing/

Chinese police strengthen international law enforcement cooperation against telecom and online fraud

[September 12, 2022]

The last decade has witnessed the rapid spread of telecom and online fraud globally, which seriously infringes on people's legitimate rights and interests, becoming a prominent crime and a public hazard. To address this problem, the Chinese police have been committed to intensifying their efforts in the combat against and control of such crimes, and strengthening international law enforcement cooperation, which has enabled them to accumulate successful experience, build up best practices and set examples for their counterparts around the world.

Upholding the people-centered principle, the Communist Party of China and the Chinese government have attached great importance to countering telecom and online fraud. Equal importance has been given to both combat and control. An efficient multi-department collaborative working mechanism has been established, and the Anti-telecom and Online Fraud Law has been formulated and enacted, which provides a strong legal foundation. Targeting the characteristics of such crimes, the Chinese police have conducted specialized study and research, set up specialized task forces, initiated specialized investigation against major cases and utilized specialized techniques. 

Learn more at: https://www.globaltimes.cn/page/202209/1275083.shtml

Myanmar firing into Bangladesh violates international law: Diplomats

[September 10, 2022]

"As a democratic country, we conduct diplomatic activities according to international principles. But firing from Myanmar mortar shells into Bangladesh violates international law," said Home Minister Asaduzzaman Khan Kamal at a roundtable discussion titled "The Security and Stability in Rakhine Myanmar: Impacts on the Indo-Pacific Countries".

He said the Rohingya crisis is affecting the local people heavily. The crisis will not only affect Bangladesh but the global community itself.

"I appreciate the other nations' efforts that have enriched my country by boosting human rights and fair practices," said the home minister.

Learn more at: https://www.tbsnews.net/bangladesh/myanmar-firing-bangladesh-violates-international-law-diplomats-493866

USABiden, like Trump, breaks international law, violating UN neutrality by blocking countries

[September 9, 2022]

In a blatant violation of international law and its 1947 hosting agreement, the US government has blocked numerous countries from participating in events at the UN headquarters in New York City.

The Biden administration is banning Russian diplomats, while the Trump administration illegally prohibited top officials from Venezuela and Iran. 

Reuters reported on September 2 that Russia has filed a formal complaint with the United Nations, after the US government has “been constantly refusing to grant entry visas” to Russian diplomats to participate in events at the UN headquarters, Moscow’s ambassador said.

Russia’s Foreign Minister Sergei Lavrov and his delegation have been denied entry to the United States, barring them from the UN.

This Joe Biden administration policy, which flagrantly violates international law, was likewise implemented by the Donald Trump administration.

Learn more at: https://multipolarista.com/2022/09/04/biden-trump-un-neutrality-visas/

DiCarlo: "We need peace in Ukraine, peace founded on respect for the UN Charter and international law."

[September 9, 2022]

As we are painfully aware, the war in Ukraine continues to rage. Since I briefed this Council on 24 August, because of the fighting, at least 104 civilians, including 10 children have died and at least 253 civilians, including 25 children have been injured according to the Office of the High Commissioner for Human Rights (OHCHR).

This brings the total number to 13,917 civilian casualties: 5,718 killed, including 372 children, and 8,199 injured, including 635 children. These are only verified figures and the actual numbers are likely significantly higher.

The war also continued to drive large-scale displacement.

Over 6.9 million people are internally displaced, a jump of 330,000 since my last briefing. Most of the newly displaced are coming from eastern and southern Ukraine.

The current number of Ukrainian refugees recorded across Europe has surpassed 7 million, up from 6.7 million just two weeks ago.

Ukrainian women, who constitute half of these refugees, continue to face significantly increased security risks, including sexual and gender-based violence, trafficking, exploitation, and abuse.

Thousands of people in the conflict-affected areas of the Donetsk region, and most acutely in the city of Mariupol, lack access to reliable running water, increasing the risk of communicable disease.

Learn more at: https://reliefweb.int/report/ukraine/dicarlo-we-need-peace-ukraine-peace-founded-respect-un-charter-and-international-law

How international law should guide post-Roe America

[September 9, 2022]

The abortion restriction free-for-all, set in motion by the U.S. Supreme Court’s June 2022 decision in Dobbs vs Jackson Women’s Health Organization, is now coming into focus. While some state laws protect abortion in ways compliant with, or beyond, Roe and Casey, over a dozen states now criminalize abortion with few, if any, exceptions. Some of these laws might force people to remain pregnant whether those pregnancies are the result of rape or incest, or in cases where their own health or that of the fetus is endangered.  

The majority opinion in Dobbs dubiously claimed that most countries in the world restricted abortion access after 12 weeks, making the U.S., under Roe and Casey, an outlier among nations. Dobbs, it would follow, restores the U.S. to its proper place in the world. 

The Supreme Court’s assumption could not be farther from the truth. Nations that restrict abortion after 12 weeks provide broad grounds for post-12-week terminations. And unlike several states in our country, in over 70 percent of countries, abortions are legal when a pregnant person’s health is at risk; over 60 percent when pregnancy is due to rape or incest, or in cases of fetal impairment.  

State laws that run afoul of this international trend include Texas and Idaho, which only permit abortion when necessary to save a person’s life. Physicians have delayed necessary, life-preserving, care to patients experiencing miscarriages and ectopic pregnancies out of uncertainty about the laws and fear of criminal prosecutions or loss of their medical licenses. New abortion bans also place states at odds with their ethical obligations to “do no harm” and follow the established standard of care.  

Learn more at: https://thehill.com/opinion/international/3636406-how-international-law-should-guide-post-roe-america/

New legal ‘manual’ on peacetime military space activities could aid norms drive

[September 8, 2022]

WASHINGTON — A new document designed to clarify what, if any, constraints international law places on peacetime military activities in space could help the US and other national governments in their ongoing norm setting efforts at the United Nations, according to experts.

Specifically, the McGill Manual on International Law Applicable to Armed Conflict in Space (MILAMOS), spearheaded by Canada’s McGill University in Montreal, sets out an agreed set of 52 “rules” developed by 80 legal and technical experts (including active duty military officers) from around the globe governing military space activities.

Although the manual is has no legal standing and has not been endorsed or embraced officially by any government, the authors hope is that the project will provide a baseline for decision-makers moving forward — just as other similar manuals focused on air, sea and cyber warfare have in the past.

“We believe the most important findings are that experts from across the globe, including those [from] Russia, China, and the United States, agree that fundamental principles of international law, such as non-intervention, non-interference with the space activities of other States, and the right of self-defence, apply in outer space,” Ram Jakhu, acting director of McGill’s Institute of Air and Space Law and a co-editor of the manual, told Breaking Defense in an email.

Further, he said, the group concurred that “the rules of international space law are applicable to both civilian and military space activities and in general there are no carved out exceptions for military operations.”

Learn more at: https://breakingdefense.com/2022/09/new-legal-manual-on-peacetime-military-space-activities-could-aid-norms-drive/

Pope: International law has been violated, nuclear risks worsened with war

[September 8, 2022]

Europe and the entire world are being shaken by a war of great seriousness, Pope Francis told his papal nuncios who serve around the globe.

It is "a particularly serious war, due to the violation of international law, the risks of nuclear escalation and the drastic economic and social consequences," he said.

"It is a Third World War 'fought piecemeal' that you are witnessing in the places where you carry out your mission," he added.

The pope's remarks came during his brief greeting to his representatives before opening the floor to their "questions and suggestions" during a private meeting in the Apostolic Palace Sept. 8.

The group included 91 apostolic nuncios and six permanent observers; five papal representatives were unable to attend, according to Vatican News. The group was at the Vatican Sept. 7-10 as part of an organized gathering of all papal representatives, scheduled every three years.

Francis expressed his gratitude that, after all the difficulties caused by the COVID-19 pandemic, "now it seems the worst may be behind us, and thank God we were able to meet."

"But, unfortunately, Europe and the whole world are shaken by a particularly serious war," he added.

He thanked them for everything they have been doing in "these situations of suffering" everywhere they work. "You have brought the closeness of the pope to the people and the church. You have been points of reference during moments of extreme loss and turbulence."

Learn more at: https://www.ncronline.org/news/vatican/pope-international-law-has-been-violated-nuclear-risks-worsened-war

Energy deals with Israel violate EU policies and obligations under international law

[September 8, 2022]

The BDS National Committee (BNC), the broadest Palestinian civil society coalition that leads the global BDS movement for Palestinian rights, calls out the EU for consistently failing to respect its own “territorial clause in agreements with Israel” in EU promoted and financed energy deals and projects with the apartheid state.  

Asked by European parliamentarians about the MoU on future gas exports to Europe that it had signed with Israel and Egypt in June, the European Commission reaffirmed once more its adherence to the territorial clause, which it had adopted 10 years ago. 

Learn more at: https://bdsmovement.net/news/energy-deals-with-israel-violate-eu-policies-and-obligations-under-international-law

What Does International Law Say About Remission Granted to Bilkis Bano’s Rapists?

[September 8, 2022]

The criminal offences committed against Bilkis Bano and her family members were no ordinary crimes. They were multiple crimes of rape and murder, including the murder of children. They were mass crimes committed in a context of an anti-Muslim pogrom – in a planned, organised and concerted manner through a systematic attack across many parts of Gujarat. Much has been written and spoken about the legality of the remission order issued to the eleven convicts in Bilkis Bano’s case last month, by critiquing the Indian law and procedure. This article attempts to add to the public discourse through an international law perspective.

The definition of ‘crimes against humanity’ has undergone various modifications since 1945, when it was first codified under the Charter of the International Military Tribunal at Nuremberg. Notably, its nexus to war was removed, hence making it a criminal offence committed in wartime or peacetime. Decades later, the Statute of the International Criminal Tribunal for former Yugoslavia (ICTY) and the Statute of the International Criminal Tribunal for Rwanda (ICTR), defined ‘crimes against humanity’ and explicitly included ‘rape’ as a crime against humanity. 

Learn more at: https://thewire.in/law/bilkis-bano-convicts-remission-international-law

Myanmar Must End Its Egregious Breach Of International Law By Shelling Bangladeshi Territory – OpEd

[September 6, 2022]

At least two moral shells fired by Myanmar into Bangladeshi territory on September 3 in the morning were illegal under international law. The event occurred five days after Bangladeshi officials summoned Myanmar’s ambassador in Dhaka and sent him a note verbale in protest over Myanmar’s use of two deadly shells at the same location on August 28. This raises greater concerns. According to the police investigative center at Ghumdum in the hill area of Bandarban, at least two fighter jets flew over the Bangladesh border while firing eight rounds, while two military helicopters hovered while firing more than 30 shells.

Learn more at: https://www.eurasiareview.com/06092022-myanmar-must-end-its-egregious-breach-of-international-law-by-shelling-bangladeshi-territory-oped/

Malaysia: UN experts denounce gender-discriminatory citizenship law

[September 5, 2022]

GENEVA (5 September 2022) – UN experts* today denounced a recent court decision in Malaysia that denied women the same rights as men to automatically confer citizenship to their children, saying affected women are less likely to leave abusive relationships and their children risk statelessness. The decision contravenes Malaysia’s obligations under international law and the need to interpret all constitutional provisions concerning citizenship, and its transference, without discrimination based on sex.


Learn more at: https://www.ohchr.org/en/press-releases/2022/09/malaysia-un-experts-denounce-gender-discriminatory-citizenship-law

Drone autonomy and international law

[September 4, 2022]

The dominance of Azerbaijani Unmanned Aerial Vehicles (UAVs) over Armenian air defence systems was critical to the former’s decisive upper hand in the Nagorno-Karabakh border conflict in 2020. In the digital age, the technology has not only revolutionised our daily lives, but also the methods of warfare. The proliferation of drones, more significantly militarised drones, has called into question the ability of regulatory institutions to address the future of warfare. The Nagorno-Karabakh border conflict was an instance of typical aggravated geopolitical tensions for most but, for some, it proved to showcase one of the first instances of the unparalleled advantage that a technologically advanced armed force possesses.

Learn more at: https://www.hindustantimes.com/ht-insight/international-affairs/drone-autonomy-and-international-law-101662224007877.html

ICRC Explainer: What does International Law say about Universal Jurisdiction for War Crimes Committed in Non-International Armed Conflicts?

[August 30, 2022]

WHAT IS UNIVERSAL JURISDICTION?

The principle of 'universal jurisdiction' entitles a state to prosecute offenders even in the absence of any link between the crime committed and the prosecuting state. It is based on the notion that certain crimes are so grave that they affect the international community as a whole, and that every state therefore has an interest in prosecuting them. The rationale of universal jurisdiction is to avoid impunity and to prevent those who commit such crimes from finding a safe haven in third countries.

Universal jurisdiction enables all states to fulfil their duty to prosecute and punish the perpetrators of war crimes. The principle of universal jurisdiction is therefore closely linked to the obligation of states to respect and ensure respect for international humanitarian law (IHL) and repress serious violations of IHL.

Learn more at: https://reliefweb.int/report/world/icrc-explainer-what-does-international-law-say-about-universal-jurisdiction-war-crimes-committed-non-international-armed-conflicts

The Conflict in Syria and the Failure of International Law to Protect People Globally

[August 30, 2022]

There is a persistent sense of failure in world affairs today. The aspirations of modernity—to make progress in the well-being of both humankind and Planet Earth—are under constant attack and point towards regression rather than progression.  Climate change threatens to change everything in the decades ahead, and not for the better. The availability of clean energy sources, sufficient food and fresh water supplies, and livable habitats has become so problematic that governments and international institutions responsible for the public welfare are not offering much hope. At any moment, another viral outbreak as disruptive if not more catastrophic than COVID-19 can upend any illusions about economic recovery and prosperity across the globe. Add to these existential crises the endless challenge of highly destructive wars (Ukraine), mass atrocities, and natural calamities (often tied to climate change) and caring for the millions of victims who, as a result, are thrust upon the international community or whose very existence is unknown, and the future looks bleak. One can hope for scientific breakthroughs, political enlightenment, and economic booms to reverse this dire course of events, but honestly addressing the causes of our global predicament is essential work in the meantime.

Learn more at: https://www.cfr.org/article/conflict-syria-and-failure-international-law-protect-people-globally

The Gambia v Myanmar: ICJ Pronounces On Key Issues In International Law

[August 26, 2022]

On 22 July 2022, the International Court of Justice (ICJ) dismissed all preliminary objections raised by Myanmar against a claim brought by The Gambia alleging violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). The judgment confirms that the ICJ will go on to rule on the merits of The Gambia v. Myanmar. The ICJ's judgment also provides guidance on key issues in international dispute settlement, particularly in relation to claimant State standing and establishing a "dispute" for jurisdictional purposes.


Learn more at: https://www.mondaq.com/international-courts-tribunals/1224844/the-gambia-v-myanmar-icj-pronounces-on-key-issues-in-international-law

Monica Hakimi: Challenging Assumptions on International Law

[August 23, 2022]

International Law: Honored and Breached

“Lots of people have doubts about the relevance of international law, despite the patent evidence that the main players on the world stage—including powerful states—treat it as important,” Hakimi says. 

That’s true even when international law—for instance, the U.N. Charter prohibition on territorial aggression—is flouted, as in the Russian invasion of Ukraine, she adds. 

“[Russian president Vladimir] Putin has been quite explicit that the invasion is intended to change the legal structure that has helped to order the world since World War II. If you don’t understand that basic fact and the legal norms and institutions at stake, then you can’t really understand what’s happening in Ukraine or why it matters.”

Cross-border uses of force, like Russia’s in Ukraine, is a particular focus of Hakimi’s scholarship. It’s an area that she says is often considered at the “very periphery” of what counts as law—because many think that international law is at its least effective when it butts up against states’ security interests. 

Learn more at: https://www.law.columbia.edu/news/archive/monica-hakimi-challenging-assumptions-international-law

Israel/Palestine: UN experts call on governments to resume funding for six Palestinian CSOs designated by Israel as ‘terrorist organisations’


[April 25, 2022]

GENEVA (25 April 2022) - UN human rights experts* today called on the international community to take immediate and effective steps to protect and sustain the six Palestinian civil society groups that were designated as ‘terrorist organisations’ by the Government of Israel in October 2021.


“Israel’s disturbing designation of these organisations as ‘terrorist organisations’ has not been accompanied by any public concrete and credible evidence,” said the human rights experts. “We note that the information presented by Israel has also failed to convince a number of governments and international organisations that have traditionally provided funding for the indispensable work of these six organisations.”


In October 2021, the UN experts denounced Israel’s designation of six Palestinian civil society organisations – Addameer Prisoner Support and Human Rights Association, Al-Haq, Bisan Center for Research and Development, Defense for Children International – Palestine, the Union of Agricultural Work Committees and the Union of Palestinian Women Committees – as terrorist organizations. Israel’s designation enables it to close the organisations, seize their assets, end their work and charge their leadership and staff with terrorist offences.

Learn more at: https://www.ohchr.org/en/press-releases/2022/04/israelpalestine-un-experts-call-governments-resume-funding-six-palestinian

Is There a Legal Duty to Cooperate in Implementing Western Sanctions on Russia?

[April 25, 2022]

Following Russia’s invasion of Ukraine, the United States, Europe and other allies imposed sanctions on Russia for violating the prohibition against the use of force, a peremptory norm owed to the international community as a whole. While the ability of these sanctions per se to put a swift end to Russia’s invasion has been doubted (see here, here and here), recently, several states have arguably taken actions that undermine any impact the sanctions may have.


Saudi Arabia and the United Arab Emirates (UAE) have been in the forefront of the news for refusing President Biden’s plea to increase oil production after he announced a ban on imports of Russian oil. Additionally, the UAE has been receiving the yachts and jets of Russian businessmen on the US and European sanctions list. It has also been reported that Turkey is welcoming yachts of the sanctioned Russian rich. Turkey has also been reluctant to close its airspace to Russian planes in line with EU sanctions. India as well has been in the spotlight for buying discounted oil from Russia and planning to establish a rupee-ruble payment mechanism for trade with Russia, while Israel has refused to send weapons to Ukraine and has recently blocked it from buying Pegasus spyware.

These actions have been viewed as weakening Western efforts to isolate Russia and put an end to its invasion of Ukraine. Consequently, there have been growing calls to sanction/punish some of these states for their actions (see here, here and here). These calls raise the question of whether, under existing international law, states are legally obliged to cooperate with the United States and Europe in implementing the sanctions imposed on Russia or at least obliged to refrain from actions hindering the impact of these sanctions.

The purpose of this post is to examine this point under the obligations of third states arising in the case of a serious breach of a peremptory norm as enshrined in Article 41 of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), namely the duty to cooperate to end serious breaches of peremptory norms and the duties of non-recognition and non-assistance. I should emphasize that the following is a legal analysis and does not entail a value judgement of the actions in question.

Learn more at: https://www.ejiltalk.org/is-there-a-legal-duty-to-cooperate-in-implementing-western-sanctions-on-russia/

Sanctioned Russian bank taps new U.S. lawyer in Jewish texts case

[April 23, 2022]

(Reuters) - With a major international law firm seeking to drop Russian development bank VEB as a client because of the Ukraine invasion, the sanctioned, state-owned lender has turned to a lower profile Connecticut lawyer in a U.S. court battle over religious documents.

Lawyers from the law firm Freshfields Bruckhaus Deringer have been defending VEB since 2020 in the Washington, D.C., lawsuit. The case was brought by a U.S. Jewish organization to enforce a $150 million judgment against Russia over its failure to return Jewish letters and texts that ended up in the country after World War Two.

Freshfields on Thursday told a U.S. District Judge Royce Lamberth that attorney Wesley Whitmyer of the Stamford, Connecticut-based Whitmyer Group is seeking to take over as counsel for VEB.


Learn more at: https://www.reuters.com/legal/litigation/new-lawyer-steps-sanctioned-russian-bank-jewish-texts-case-2022-04-22/ 

‘No place for force in Indo-Pacific’

[April 23, 2022]

Satoshi Suzuki has been the Ambassador of Japan to India since October 2019. A post-graduate from the School of Advanced International Studies at the Johns Hop- kins University, he joined Japan’s Ministry of Foreign Affairs in 1984. Since then, Suzuki has served his country in various capacities both in Japan and abroad. He was also the Deputy Minister for Foreign Policy in 2017. 

In an interview with Ashok Tuteja, Suzuki talked about the takeaways from the recent India-Japan annual Summit and the impact of the Ukraine crisis on the Indo-Pacific, among other issues. 

Q. Prime Minister Fumio Kishida was in India in March for the 14th India- Japan Summit. What are the major takeaways from the summit? 

A: We have witnessed the very successful official visit of Prime Minister Kishida to India on March 19. It was Mr Kishida’s first bilateral foreign visit since he took office last October, which demonstrates the significance he attaches to the partnership with India. In addition, this year marks the 70th anniversary of the establishment of the diplomatic relationship between Japan and India, making the Summit all the more special. The visit provided an excellent opportunity to review bilateral cooperation in wide-ranging areas, chart the future course of our Special Strategic and Global Partnership and reaffirm our strong commitment to a free and open Indo-Pacific, free from coercion. 

One of the major takeaways of the Summit was the announcement made by our two leaders about setting a target of 5 trillion yen (3.4 trillion rupees) of public and private investment and financing from Japan to India in the next five years. In addition to the Joint Statement signed by Mr Kishida and Mr Modi, which contains details of the bilateral cooperation, the two sides also signed and announced seven JICA loan agreements and amendments to the Implementing Agreement of the Comprehensive Economic Partnership Agreement (CEPA) and its Annex, along with documents on issues of contemporary needs such as industrial competitiveness, clean energy, urban development, decentralized domestic wastewater management and the development of connectivity and resilience in the Northeast. 


Learn more at: https://www.thestatesman.com/exclusive-interviews/no-place-force-indo-pacific-1503063463.html

Effectiveness of ‘local settlement’ practice for protection of Rohingyas

[April 23, 2022]

Since 2020, the Government of Bangladesh has been relocating the Rohingyas to Bhashan Char. The UN and other agencies initially criticised the relocation process. However, after agreement with the Bangladesh Government, the UN is all set to monitor the relocated Rohingyas in Bhashan Char. The UN agreed to do so after getting the Bangladesh Government's assurance of providing education, medical services and income generating activities to the Rohingyas. Bangladesh's move is defined as "local settlement" in the language of international refugee law. Local settlement practice is basically a temporary solution provided by the host country. It is also known as a follow up process after mass refugee influxes to handle the crisis immediately. The Organization of African Unity Refugee Convention 1967 introduced the practice in refugee protection worldwide. This practice is also considered as the temporary version of local integration.


Learn more at: https://www.thedailystar.net/law-our-rights/rights-advocacy/news/effectiveness-local-settlement-practice-protection-rohingyas-3010501

Sri Lanka Says India, World Bank Considering $2 Billion Bridge Finance


[April 23, 2022]

Colombo: Sri Lanka's finance minister said on Friday that India and the World Bank are considering extending about $2 billion in bridge finance so it can continue essential imports.

The country of 22 million people is struggling to pay for imports after a sharp drop in foreign exchange reserves which has led to a currency devaluation and soaring inflation.

Sri Lanka, which has $51 billion of external credit, is working on a wider plan to secure funds to help it through its worst economic crisis, with prolonged power cuts and shortages of fuel and medicines that have sparked nationwide protests.

The government has asked some creditors to restructure its debt and also approached China, Japan, and the Asian Development Bank amongst others for help, Ali Sabry said.

India has already agreed to double an existing $500 million credit line for fuel and defer about $1.5 billion in import payments that Sri Lanka needs to make to the Asian Clearing Union. It has also extended the tenure of a $400 million swap given in January, the Indian High Commission said on Friday.


Learn more at: https://www.ndtv.com/world-news/sri-lanka-says-india-world-bank-considering-2-billion-bridge-finance-2911825

Why we need international law?


[April 23, 2022]

IT is said that there are three kinds of individuals in this world. The first is the moral person who knows what is right or wrong and chooses to do the right thing. The second is the immoral one who knows the difference between right and wrong but chooses the wrong side. The third is the amoral person who does not know the difference between right and wrong and lives beyond the boundaries of mo-rality. The amoral individual is the most dangerous of all.

Recently, a scientist was reported to have edited a DNA strand. This for me is a great cause for alarm. What if he or somebody else like him discovers the strand that governs conscience and edits it out of the consciousness of future human beings? And what if these conscience-less human beings are trained to become soldiers who in a declared or undeclared war carry out orders without regard for morality? What then will happen to mankind?


Learn more at: https://www.manilatimes.net/2022/04/23/opinion/columns/why-we-need-international-law/1840942

International law in a fractured world


[April 23, 2022]

AS loss of life continues in Ukraine, one might ask if the rules in international armed conflicts have become little more than a camouflage for nations' interests. As observed in the past 20 years of the 21st century, international law is disregarded, on relatively rare but headline-grabbing occasions, when vital national interests are perceived to be at risk. Are the normative principles prohibiting the use of force, but allowing a state to defend itself against an armed attack, capable of application in the contemporary context of technological warfare and terrorism?

How can we interpret the paradox of holding negotiations which bring forth a new commitment to cooperation at a time when rivalry between great powers is translated into military confrontation?

Afghanistan

The checkered armed conflict history of Afghanistan provides an example of another country's extended exercise of self-defense. It is now 20 years since the US and its allies invaded Afghanistan as an aftermath of the al-Qaida terrorist attack on New York on Sept. 11, 2001. Questions remain, however, as to the precise legal basis for some operations and their effect on the development of international law on the use of force.


Learn more at: https://www.manilatimes.net/2022/04/23/opinion/columns/international-law-in-a-fractured-world/1840946

Sri Lanka says India, World Bank consider $2 billion bridge finance


[April 22, 2022]

Sri Lanka's finance minister said on Friday that its neighbor India and the World Bank are considering extending about $2 billion in bridge finance so it can continue essential imports.

The country of 22 million people is struggling to pay for imports after a sharp drop in foreign exchange reserves which has led to a currency devaluation and soaring inflation.

Sri Lanka, which has $51 billion of external credit, is working on a wider plan to secure funds to help it through its worst economic crisis, with prolonged power cuts and shortages of fuel and medicines that have sparked nationwide protests.

The government has asked some creditors to restructure its debt and also approached China, Japan, and the Asian Development Bank amongst others for help, Ali Sabry said.


Learn more at: https://www.business-standard.com/article/international/sri-lanka-says-india-world-bank-consider-2-billion-bridge-finance-122042201408_1.html

China, the Arctic, and International Law


[April 22, 2022]

The Arctic involves the interests of several major international actors, and climate change, which necessitates the search for more resources and increases the availability of resources in the region, makes the region more important than ever. In this regard, states are divided into “Arctic states” and “non-Arctic states,” with the former having territorial sovereignty and jurisdiction over the region and the latter not. Nonetheless, non-Arctic states have certain rights, such as freedom of navigation in the Arctic states’ EEZs, as granted by the UN Convention on the Law of the Sea (Xinmin, 2019). Parts of the region that are not under the sovereignty of any state are referred to as the “common heritage of mankind.” Because of its appeal, the region attracts states that are not in the Arctic Circle, with China being one of the most interested. China’s interest in the region can be explained by the country’s need for more resources. First, food security issues are likely to arise in China in the near future, and they must be addressed. Fish resources in the South China Sea have been steadily declining, and China must replace them. Second, China, which relies heavily on imported energy sources, is aware of the growing hostility toward itself and may face a blockage of vital energy resources if the situation worsens. Access to more Arctic sources may assist China in diversifying its risk (Francis, 2020).


Learn more at: https://moderndiplomacy.eu/2022/04/22/china-the-arctic-and-international-law/

Australia and India sign the Australia-India Economic Cooperation and Trade Agreement marking a significant development towards a full Australia-India Comprehensive Economic Cooperation Agreement


[April 22, 2022]

On 2 April 2022, Australia signed a trade agreement with India, the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA), in a move that can only be dubbed as historic. The AI-ECTA is an interim agreement intended to serve as a stepping-stone towards a full Australia-India Comprehensive Economic Cooperation Agreement (CECA) which is on track to be signed later this year. The signing of the AI-ECTA is a significant development in Australia-India trade relations given that CECA negotiations commenced in May 2011 but were suspended in September 2015 following nine rounds of protracted discussions. In enhancing bilateral trade engagements, the AI-ECTA will allow Australia to reduce its current economic dependence on China, while boosting India’s export industries.

The signing took place in a virtual ceremony with Australia’s Minister for Trade, Tourism and Investment, Dan Tehan and India’s Minister of Commerce and Industry, Piyush Goyal. The ceremony was witnessed by Australia’s Prime Minister Scott Morrison and India’s Prime Minister Narendra Modi.

The AI-ECTA is expected to come into force in approximately four months, once the countries complete their respective internal treaty making formalities.

Learn more at: https://www.lexology.com/library/detail.aspx?g=21c7339b-a4ab-48a7-814b-1ea6dab12475

Only true multilateralism can benefit the world: Global Times editorial


[April 21, 2022]

The Boao Forum for Asia Annual Conference 2022 is being held in Boao, Hainan Province, from April 20 to April 22. The theme of this year's forum is "The World in COVID-19 and Beyond: Working Together for Global Development and A Shared Future." In a keynote speech delivered at the opening ceremony of the forum on Thursday, Chinese President Xi Jinping proposed a Global Security Initiative, emphasizing the need to uphold "true multilateralism" and that it is particularly important for major countries to lead by example in honoring equality, cooperation, good faith and the rule of law, and act in a way befitting their status.

At present, the changes in the world, the times, and history are unfolding in an unprecedented way. At a time when unprecedented global changes are combined with a once-in-a-century pandemic, the world is at the crossroads of unity or division, cooperation or confrontation, upholding justice or hegemony. Xi's emphasis on "true multilateralism" is of great significance for lighting the way forward for international society to move on and promote peaceful development. 


Learn more at: https://www.globaltimes.cn/page/202204/1260019.shtml

Demolition drives violate international law


[April 21, 2022]

Context: Communal clashes broke out during Ram Navami processions in several parts of the country including at Khargone in Madhya Pradesh.

Subsequently, the Madhya Pradesh government bulldozed the houses of those who were allegedly involved in rioting. The State government claims that these demolitions are in response to illegal encroachments.

However, the fact that these arbitrary demolitions are being carried out against the alleged rioters of one particular community and in the immediate aftermath of the riots shows that their purpose seems to be to impose collective punishment.

Such an act violates various domestic and several international legal provisions under Right to housing.

Learn more at: https://blog.forumias.com/demolition-drives-violate-international-law/

Fact Sheet: DHS International Cybersecurity Efforts


[April 20, 2022]

President Biden has made cybersecurity a top priority for the Biden-Harris Administration at all levels of government. The Department of Homeland Security (DHS) plays a lead role in strengthening the nation’s cyber resilience, but cybersecurity is not limited by boundaries, borders, and jurisdictions. Protecting against cyber threats at home also requires collaborating with partners abroad and DHS agencies and offices also play a critical role in enhancing cybersecurity efforts worldwide. 

DHS Office of Strategy, Policy, and Plans (PLCY) 

PLCY leads international cybersecurity engagement and negotiations for the Department and develops holistic policy in support of DHS’s international cybersecurity priorities. In addition to supporting the Secretary and Deputy Secretary’s ministerial engagements, PLCY routinely engages in a range of bilateral and multilateral venue on cybersecurity, cyber crime, and related technology issues.  

DHS has played a central role in U.S. Government international cyber diplomatic efforts over the past decade, including efforts to develop norms of responsible state behavior in cyberspace and to deter malicious cyber activity, and supporting high-level U.S. dialogues with foreign nations. Through attachés in over 60 locations, DHS engages with host governments and embassy staff on a range of issues and provides reach back to cybersecurity policy and operational experts across the Department.    


Learn more at: https://www.dhs.gov/news/2022/04/21/fact-sheet-dhs-international-cybersecurity-efforts

Iran: Ailing prisoners left to die amid crisis of impunity for fatal denial of medical care

[April 12, 2022]

Iranian prison officials are committing shocking violations of the right to life by deliberately denying ailing prisoners lifesaving healthcare and refusing to investigate and ensure accountability for unlawful deaths in custody, Amnesty International said today. In a new briefing, In death’s waiting room: Deaths in custody following deliberate denial of medical care in Iran’s prisons, the organization documents how prison authorities routinely cause or contribute to deaths in custody, including by blocking or delaying prisoners’ access to emergency hospitalization.

Consistent with entrenched patterns of systematic impunity in Iran, to date, the authorities have refused to conduct any independent and transparent investigations into deaths in custody involving reports of denial of medical care and have failed to ensure that those suspected of criminal responsibility are prosecuted and punished.

Learn more at: https://www.amnesty.org/en/latest/news/2022/04/iran-ailing-prisoners-left-to-die-amid-crisis-of-impunity-for-fatal-denial-of-medical-care/

Russian Invasion: The UN, the Superpowers, and the Rest of the World 

[April 11, 2022]

For me, like for most international law and history students, it was unexpected to see Russia invade Ukraine on February 24, 2022. I always thought that the UN is well prepared and able to keep the peace around the globe and forestall a future world war. I never imagined that a member state could arrogate to itself the power to “demilitarize” or “denazify” an independent sovereign. Especially when it tries to achieve this goal by invading the territorial integrity of a member state and murdering its civilian population, including women and children. And all these gruesome acts are committed with no reasonable justification. Nothing inflicts on me greater pain than seeing the UN so helpless and unable to stop Russia’s act of aggression. 


The United Nations Charter established the Security Council and vested it with primary responsibility for maintaining international peace and security, amongst other important functions designed to prevent hostilities or armed conflicts. When hostilities arise, the Security Council is empowered to stop them as soon as possible. It could achieve that through issuing cease-fire directives, dispatching military observers or a peacekeeping force to de-escalate the situation. The Security Council can also impose economic sanctions, sever diplomatic relations, and use collective military action to enforce its order and directives.


 As important as the Security Council is in maintaining world peace and security, its functions are flawed with the designation of five member states–China, Russia, France, UK and the US–as permanent members of the Security Council. These permanent member states have extraordinary and overarching powers to veto decisions of the Security Council. The other ten members are elected on a regional basis for a term of two years. A permanent member’s veto power is self-defeating and thus, an aberration. Consequently, at the meeting of the UN Security Council held on February 25, 2022, Russia vetoed a resolution calling on it to withdraw from Ukraine, while China abstained from voting. This was a gross abuse of privilege. This singular action exposes the impropriety of decorating any country with a special privilege over others. This is because the UN was founded on the principle of equality amongst the member states and mutual respect for the independence and sovereignty of every member state.

Learn more at: https://www.jurist.org/commentary/2022/04/kingson-uwandu-russian-invasion-international-law/

The unbearable whiteness of international law


[April 10, 2022]

RUSSIA’S full-scale military invasion of Ukraine has uprooted the lives of over 10 million people – a quarter of the nation’s population.

The unabashed aggression has been met by an unprecedented humanitarian front. As of the end of March, 2,451,342 Ukrainian refugees had been welcomed into Poland alone – a stark contrast to its (non-)reception of Afghan asylum seekers just three months prior.

Further west in Den Haag, just four days into the war, the International Criminal Court Office of the Prosecutor (OTP) announced its intention to open an investigation into the situation in Ukraine. That decision was eventually overtaken by 41 state referrals allowing the OTP to bypass the need for judicial authorisation and streamline the investigation process – a remarkable combination of prosecutorial nudging and political will unseen before.

Learn more at: https://www.thestar.com.my/opinion/columnists/comment/2022/04/10/comment-the-unbearable-whiteness-of-international-law

Economic Sanctions In Russia Risk Breaking International Law If They Lead To Global Food Shortages 

[April 8, 2022]

This war and the sanctions imposed will therefore spread a wave of food insecurity throughout the world’s interconnected food production system.

The partnership between the West and Russia in the global food chain is not new. In 1972, despite the cold war, the former USSR and the US signed the Soviet-American Grain Agreement, marking the beginning of what is today a strong interdependence among Western economies and Russia in the food system.

Learn more at: https://scienceblog.com/529432/economic-sanctions-in-russia-risk-breaking-international-law-if-they-lead-to-global-food-shortages/

Can Bucha killings be called ‘genocide’? This is what international law says

[April 7, 2022]

Addressing the media in a bullet-proof vest from Bucha earlier this week, Ukraine President Volodymyr Zelenskyy described Russia’s atrocities in the city and the rest of his country as a “genocide”.

After Russia retreated from Kyiv, multiple reports claimed that bodies were found strewn across the capital region, specifically Bucha, a suburb 30 kilometres from Kyiv.

Ukraine started war-crime investigations against Russia after finding 410 bodies across the capital region. The International Criminal Court at The Hague had last month also launched a probe into war crimes, allegations of crime against humanity, and genocide in Ukraine.


Learn more at: https://theprint.in/world/can-bucha-killings-be-called-genocide-this-is-what-international-law-says/906781/

Can Accountability for Russian War Crimes Exist Without American Support?

[April 7, 2022]

As Russian forces have pulled back from Kyiv and its surrounding suburbs, a disturbing series of images have appeared, which seem to show the execution of civilians. In Bucha, bodies have been found with hands tied and gunshot wounds to the head. A report published by Human Rights Watch, on Sunday, documented sexual violence and alleged killings by Russian troops in other parts of the country. Earlier this week, President Biden called for the Russian President, Vladimir Putin, to face a trial for war crimes. (Satellite imagery revealed that the dead bodies in Bucha had been present for weeks, casting doubt on Russian claims that they had been placed there after Russian forces departed.) On Tuesday, the Ukrainian President, Volodymyr Zelensky, addressed the United Nations Security Council, and asked, “Are you ready to close the U.N.? Do you think the time of international law is gone? If the answer is no, then you need to act immediately.” (Later in the week, the New York Times posted a still frame from a video that appeared to show Ukrainian troops executing captured Russian combatants.)


Learn more at: https://www.newyorker.com/news/q-and-a/the-shadow-of-international-law

Putin, Ukraine And International Law

[April 6, 2022]

Since Putin invaded Ukraine, several stakeholders have used international law to bolster their positions in the war of words. Many legal practitioners and diplomats have argued that international law has no teeth because the global community does not have an organized police force to enforce it. This begs the obvious question: if it is so weak, why has it been invoked by the myriad stakeholders during the ongoing conflict between Russia and Ukraine? The following article asks and answers several questions related to enforcement of law to shed light on this issue.

Learn more at: https://www.forbes.com/sites/robertginsburg/2022/04/06/putin-ukraine-and-international-law/?sh=70bd255a366c

What is international humanitarian law?

[April 6, 2022]

International humanitarian law (IHL) is a set of rules that seeks, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not, or are no longer, directly or actively participating in hostilities, and imposes limits on the means and methods of warfare. IHL is also known as "the law of war" or "the law of armed conflict". IHL is part of public international law, which is made up primarily of treaties, customary international law and general principles of law (see Article 38 of the Statute of the International Court of Justice). A distinction must be made between IHL, which regulates the conduct of parties engaged in an armed conflict (jus in bello), and public international law, as set out in the Charter of the United Nations, which regulates whether a state may lawfully resort to armed force against another state (jus ad bellum). 


Learn more at: https://reliefweb.int/report/world/what-international-humanitarian-law-0

International law to ‘beat the plastic pollution’, a landmark decision

[April 4, 2022]

What is the resolution?

The United Nations Environmental Assembly (UNEA) resolution to end plastic pollution establishes an Intergovernmental Negotiating Committee (INC), which will begin its work from 2022 and is expected to submit a draft agreement by 2024.

It is expected to present a legally- binding instrument and would provide alternatives to the full life cycle of plastic, along with the designs of reusable and recycled products and materials, and the emerging need for international cooperation to facilitate the access of technology and scientific cooperation among the member states.

Moreover, the UN Environment Programme (UNEP) will convene an open forum by the end of this year for sharing knowledge and best practices around the globe, which will facilitate the flow of open discussions.

By the end of 2024 and after the completion of INC’s work, UNEP will convoke a diplomatic conference to adopt the result and open it for signatures.


Learn more at: https://www.theindianwire.com/environment/international-law-to-beat-the-plastic-pollution-a-landmark-decision-329324/

Manage or close the tap: International law to end plastic pollution

[March 29, 2022]

An international legally binding instrument by 2024 to end plastic pollution, is an absolute necessity, but it could be a case of too little, too late. Following the tone and language of the Paris Agreement, the UNEA draft resolution foregrounds national circumstances and capabilities. It recognizes the obvious that each country is best positioned to understand its own national circumstances, and its stakeholder activities. It acknowledges that legal obligations arising out of the proposed international legally binding instrument will require capacity building and technical and financial assistance to be effectively implemented by developing countries and countries with economies in transition. Based on the collective articulation, the trajectory and fate of the new instrument, seems would be no different from that the Paris Agreement; wide acceptance but individual inaction or at best, actions incommensurate with the scale and urgency of the challenge.


Learn more at: https://www.hindustantimes.com/ht-insight/climate-change/manage-or-close-the-tap-international-law-to-end-plastic-pollution-101648561221421.html

Why international law effectively protects investments in Russia

[March 28, 2022]

International treaties protect investors


International law provides relief. Russia has concluded a web of bilateral investment treaties ("BITs"), including with Austria, Germany, Italy, Switzerland, South Africa or the UK. Those BITs shall promote investments in Russia. In return, they provide international law protections to investors. Crucially, BITs require Russia (a) to accord fair and equitable treatment (this means that Russia shall not take actions that impair the business environment), (b) not to expropriate investments (this means that Russia shall not take actions which substantially reduce the value of investments), and (c) ensure the free transfer of funds in and out of Russia.

A salient feature of BITs is that they grant investors access to an international (arbitral) tribunal, which has the power to award damages to investors. Thus, investors can prosecute claims before an international forum if their assets have been expropriated or if returns from investments cannot be transferred out of Russia. Likewise, investors whose profits dwindle due to international sanctions have a claim. International sanctions are issued by third states. Yet, there is a sufficiently close link between the losses investors sustain and Russia's actions. This is so because Russia's exclusion from international business is the immediate consequence of a violation of fundamental provisions of the UN Charter. And if tribunals find that Russia has breached the BIT, they are mandated to order compensation wiping out all the consequences of the illegal act and re-establish the situation which would have existed if Russia's breaches of international law had not been committed.


Learn more at: https://www.lexology.com/library/detail.aspx?g=3214890f-0ad8-4440-8faf-030c5d8c7c08

Bargaining About War in the Shadow of International Law

[March 28, 2022]

Why Do Nations Go to War?

To assess the role of law in preventing wars, we must first ask why it is that nations use force in the first place. Relying in part on previous scholarship, we propose that the turn to violence could reflect five distinct problems: indivisible goals, information asymmetries, commitment problems, externalities on third parties, or agency costs. The war in Ukraine manifests all these problems:


(a) Indivisible goals: Total wars, or wars aiming at the complete subjugation of the opponent and terminating its existence as a political entity, are conflicts to which there can be no peaceful agreement. When Russia denied Ukraine’s right to exist as an independent nation or demanded regime change, there was little to negotiate about peacefully.


(b) Information Asymmetries: Rivals may fail to realize the fighting power of their opponent and its determination to fight. Rivals have an incentive to cheat their opponent, either by overstating their power and commitment or by understating their true capabilities. As Schelling noted, rivals always seek to “keep the enemy guessing.” Apparently, Russia’s intelligence failed to grasp the full magnitude of Ukraine’s capacity and resilience.


Learn more at: https://www.justsecurity.org/80853/bargaining-about-war-in-the-shadow-of-international-law/

Equilibrium within international economic and environmental laws

[March 26, 2022]

The implications of international economic law for transferring environment-friendly technologies and protecting non-economic values have become a major concern in governing economic relations around the world. In the last decades, the international environmental laws have had noteworthy influence on international economic law. It is vitally important that the industrialised countries actively play their role to decrease carbon footprints on the planet.

The world's surface temperature is rapidly increasing due to the indiscriminate emission of carbon gas. As a result, many countries are at stake for rising sea levels. Therefore, the whole ecosystem of the earth is suffering in the long run. The industrialised and developed countries that emit carbon gas mostly have shown their concern over the environment skipping the problem of increasing carbon gas, marine pollution, and air pollution. However, some countries refuse to regulate carbon emission for economic reasons.

In the last years, international economic law has seen the integration of economic rights, environmental concerns, and sustainable development goals within its broad spectrum. The developing countries are mostly sufferers of climate change. Only ensuring economic development cannot be the main objective of international economic law. Rather, it must encompass sustainable development.


Learn more at: https://www.thedailystar.net/law-our-rights/rights-advocacy/news/equilibrium-within-international-economic-and-environmental-laws-2990701

Russia’s Suppression of the Media Violates Its International Law Obligations

[March 24, 2022]

As Russia continues to wage its unlawful war against Ukraine, in recent weeks Russia has severely restricted free expression within its borders.  While journalists in Russia have long had to navigate a host of draconian laws designed to stifle free expression and limit media coverage critical of the government, these new measures amount to a drastic escalation.  Through both administrative and legislative measures, Russia has totally restricted several media outlets from operating in Russia.  Among other things, Russia is threatening harsh criminal and monetary penalties against those who report on the conflict as a war or an invasion.


The catalyst for the new restrictions is Russia’s desire to control the public narrative associated with the war.  Russia’s media agency, Roskomnadzor, has blocked access to media platforms (including social media) and news outlets on a variety of alleged bases, including that certain outlets and platforms were allegedly spreading misinformation about Russia’s actions in Ukraine and restricting access to government-backed media.

Concurrently, Russia adopted amendments to the Criminal Code that introduces prison terms of up to 15 years for persons convicted of disseminating “knowingly false information” about military operations.  The same law introduces a maximum penalty of five years imprisonment for “discrediting” and “calling for obstruction” of the use of the Russian armed forces.  In practice, these new measures grant Russia broad authority to impose harsh penalties for any criticism of Russia’s conduct against Ukraine.  Under the serious threat of criminal prosecution, major foreign news outlets as well as prominent independent Russian news outlets, have been forced to take significant measures.  Some have suspended operations in Russia, removed content regarding Russia’s attacks on Ukraine, or shut down entirely.


Learn more at: https://www.gibsondunn.com/russias-suppression-of-the-media-violates-its-international-law-obligations/

Why China Giving Military Assistance to Russia Would Violate International Law

[March 17, 2022]

Russia’s Manifest Violations of International Law

Russia’s manifestly unlawful conduct is twofold.

First, Russia’s invasion of Ukraine is a clear violation of the UN Charter’s prohibition in Article 2(4) on the “use of force against the territorial integrity or political independence of any state.” It has been condemned as an act of aggression by the General Assembly, and in a statement by members of the International Law Association (English version, Chinese, Russian, Ukrainian). On March 16, 2022, the International Court of Justice decided that Russia’s claims that it was acting to prevent a genocide in Ukraine were baseless and ordered that “the Russian Federation must, pending the final decision in the case, suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine.” The Court emphasized that its order in this regard has “binding effect” and thus imposes “international legal obligations” on Russia.


Learn more at: https://www.justsecurity.org/80709/why-china-giving-military-assistance-to-russia-would-violate-international-law/

Russia’s Blatant Violation of International Law

[March 16, 2022]

There are two. One is to be seen and one we have already seen. The one that we have already seen is the crime of aggression through Russia’s violation of Ukraine’s territory. This act violates one of the most sacred principles of international law — the territorial integrity and political independence of states which must be respected. International law is absolutely, without question, unyielding on this issue. It means that a state is prohibited from the use or threat of force against another state, regardless of the gravity or aims. Under international law, there are only two primary exceptions to this prohibition. The first is if the state is acting in self-defense. So, if Russia was acting against attacks initiated by Ukraine, then it’s permissible for Russia to respond to those attacks in self-defense. But that is not the situation we are witnessing. The other exception is when the UN Security Council, authorizes the use of force. The Security Council has not done so. Thus, Russia’s military intervention into Ukraine is a direct and egregious violation of one of the most sacred principles of international law.


Learn more at: https://lareviewofbooks.org/article/russias-blatant-violation-of-international-law/

International law and ‘European civilisation’

[March 15, 2022]

In 1946, shortly after putting the human rights gloss on the UN Charter’s Preamble, Jan Smuts bemoaned the fact that the “noble experiment” of South Africa – as “a little epic of European civilisation on a dark continent” – was under threat from the claims for racial equality by emergent Third World states. 

A few weeks ago, the enduring understanding of South Africa as a threatened outpost of the West was publicly dramatized as the Ukrainian flag was projected on to the Cape Town City Hall. Mayor Geordin Hill-Lewis said it was an act of solidarity against “imperialism” and “violence”. The projection of the flag on to the seat of municipal power coincided with the South African government’s decision to abstain from voting in an extraordinary United Nations General Assembly resolution condemning Russian “aggression against Ukraine”. 

Learn more at: https://www.newframe.com/international-law-and-european-civilisation/

World Maritime Day

[September 30, 2021]

"I renew my appeal to Governments to address their plight by formally designating seafarers and other marine personnel as “key workers”, ensuring safe crew changes, implementing established protocols, and allowing stranded seafarers to be repatriated and others to join ships.”

UN Secretary-General António Guterres

Learn more at: https://www.un.org/en/observances/maritime-day

Syria supports upholding international law, urges U.S. to end "economic terrorism": FM 

[September 28, 2021]

Syrian Foreign Minister Faisal Mekdad on Monday urged the United States and its western allies to end "economic terrorism" and commended China and Russia for upholding international law.


"My country also demands to put an end to the 'economic terrorism' imposed by the United States and its western allies against Iran, Venezuela, Belarus, Nicaragua, and the Democratic People's Republic of Korea and my country Syria in accordance with international law and UN resolutions," Mekdad spoke at the General Debate of the 76th session of the United Nations General Assembly.

Learn more at: https://www.globaltimes.cn/page/202109/1235293.shtml

For cybersecurity, India must look to international law

[September 27, 2021]

Another day. Another cyberattack. And one worse than the day before. As the country develops and eventually implements its policy, it must in parallel look to international law—because international law already offers robust protection against cyberattacks; is a good supplement to any eventual domestic cybersecurity policy or law given the cyber world’s inherently global nature, and can offer lessons India can imbibe for its upcoming cybersecurity policy.


India can look to international law in at least a couple of different ways. One is to engage with the United Nations. The UN’s Group of Governmental Experts (GGE) and Open-ended Working Group (OEWG) have discussed the matter but with limited success. A new UN forum being developed, called the Programme of Action for advancing responsible state behavior in cyberspace, may offer more potential—and India should engage meaningfully. But separately from the UN, India should engage in what has quickly become a critically important and immensely successful forum: the Oxford Process on International Law Protections in Cyberspace.

Learn more at: https://www.forbesindia.com/blog/legalese/for-cybersecurity-india-must-look-to-international-law/

Will international law help resolve the Karabakh conflict?

[September 23, 2021]

On September 16, Armenia submitted a complaint to the International Court of Justice (ICJ) against Azerbaijan, alleging ethnic discrimination of Armenians in breach of Azerbaijan’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Armenia alleges that Azerbaijan discriminated and persecuted Armenians through a variety of methods including hate speech, atrocities that are condoned and rewarded, a policy of ethnic cleansing, and the destruction of their cultural heritage.


This was met with skepticism, and even dismissal, from many commentators, who seemed to see it either as a PR stunt on Armenia’s part or simply an act of spite, an underestimation of the move perhaps grounded in the bitterness that continues to fester following last year’s war. That narrative was only strengthened when Azerbaijan responded that it would file a mirror complaint, with similar allegations, to the same court.

Learn more at: https://eurasianet.org/perspectives-will-international-law-help-resolve-the-karabakh-conflict

U.S. expulsions of Haitians may violate international law - UN refugee boss

[September 21, 2021]

The mass expulsion of Haitians from the United States without screening for their protection needs may contravene international law and constitute forced returns, the United Nations' top refugee official Filippo Grandi.

He urged the United States to lift its Title 42 health-related restrictions in place since March 2020, saying they "deny most people arriving at the southwest U.S. land border any opportunity to request asylum".

"The summary, mass expulsions of individuals currently under way under the Title 42 authority, without screening for protection needs, is inconsistent with international norms and may constitute refoulement," Grandi said in the Geneva-based agency's strongest statement since the crisis began.


He voiced shock at images of the "deplorable conditions" under a concrete highway overpass in Del Rio, Texas, where more than 14,000 Haitians had gathered after fleeing countries in the Americas, many hoping to seek asylum.


Learn more at: https://www.reuters.com/world/americas/un-concerned-us-pushbacks-migrants-who-may-need-asylum-2021-09-21/

Proceedings instituted by the Republic of Armenia for violation of the International Convention on the Elimination of All Forms of Racial Discrimination
[September 16-23, 2021]

On 16th September, 2021, the Republic of Armenia instituted proceedings before the International Court of Justice, alleging that the Republic of Azerbaijan had committed acts of grave violations including murder, torture, etc. and thus violated several provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). 

 

Subsequently, on 23rd September, 2021, the Republic of Azerbaijan instituted proceedings against the Republic of Armenia before the International Court of Justice, concerning the interpretation and application of the International Convention on the Elimination of All Forms of Racial Discrimination. The Republic of Azerbaijan further alleged that Armenia once again targeted Azerbaijanis for brutal treatment motivated by ethnic hatred”. Azerbaijan further contends that “Armenia’s policies and conduct of ethnic cleansing, cultural erasure and fomenting of hatred against Azerbaijanis systematically infringe the rights and freedoms of Azerbaijanis, as well as Azerbaijan’s own rights, in violation of CERD."


Learn more at: https://www.icj-cij.org/public/files/case-related/180/180-20210916-PRE-01-00-EN.pdf 

  https://www.icj-cij.org/public/files/case-related/181/181-20210923-PRE-01-00-EN.pdf 

To recognise Taliban or not? This question shows poor understanding of international law

 [September 15, 2021]

Much has been made of the tortuous hurdles faced by the Taliban in obtaining international recognition as the government of Afghanistan. It has been asserted that India should wield its recognition powers punitively, refraining from conferring governmental status on the Taliban to rebuke it for previous acts of terrorism. Equally, arguments have been proffered that the Taliban’s violent takeover of Afghanistan and its protracted history of human rights abuses are sufficient grounds to repudiate its governmental status. There appears to be a belief that international recognition of the Taliban ought to be withheld until sufficient guarantees are obtained from them that they will be willing to comply with international law. Some have even suggested that a de facto recognition may be extended to the outfit, to enable minimal diplomatic engagement, but that de jure recognition (i.e. legal recognition) should be withheld as leverage to avoid any ‘adverse consequences’ at the hands of this regime.


Learn more at: https://theprint.in/opinion/to-recognise-taliban-or-not-this-question-shows-poor-understanding-of-international-law/733495/

International community to provide $1.2 billion for Afghanistan Humanitarian Crisis [September 14, 2021]

Following a high-level ministerial event organized by the United Nations in Geneva on September 13, 2021 to discuss on the issue of humanitarian situation in Afghanistan, approximately $1.2 billion in humanitarian & development aid was announced by member States, including the funding for flash appeal and regional response. Significant emphasis was placed on the economic crisis and resultant food shortage, as causes for distress of the people of Afghanistan.  

Learn more at: https://thediplomat.com/2021/09/more-than-1-2-billion-in-humanitarian-aid-pledged-to-afghanistan/ 

13th BRICS Summit virtually conducted [September 9, 2021] 

India hosted the 13th edition of the BRICS Summit virtually on September 9th, 2021, which was chaired by Prime Minister Narendra Modi.  The theme of the Summit was BRICS@15: Intra-BRICS Cooperation for Continuity, Consolidation and Consensus”. It witnessed participation from all BRICS members. The agenda involved co-operation in the areas of health, technology, counter-terrorism and the fostering of a resilient post-COVID world. 

Learn more at: https://brics2021.gov.in/brics/public/uploads/presspdf/press-93.pdf 

India's month-long presidency of powerful UNSC ends with 'substantive' outcomes on key global issues

[September 2, 2021]

Highlighting the several “historic firsts” that India achieved through this event as well, he had said for the first time, India drafted a resolution on peacekeeping focused on ensuring accountability for crimes against peacekeepers.

The resolution was sponsored by 80 member states, including all 15 members of the Security Council, “which is not often seen in the Security Council," Tirumurti had said.

"Also for the first time, the Security Council held an Open Debate focused exclusively on how technology can aid in peacekeeping and for the first time, the Security Council adopted a Presidential Statement on the topic of technology and peacekeeping,” he had said


Learn more at: https://timesofindia.indiatimes.com/india/indias-month-long-presidency-of-powerful-unsc-ends-with-substantive-outcomes-on-key-global-issues/articleshow/85826947.cms

Scenes of barbarity in Afghanistan expose devastating human rights situation 


[September 2, 2021]

A refugee remarked, "I left my whole life, my home to continue to have a voice. Once again, I am running from my motherland. Once again, I am going to start from zero. I took only my cameras and a dead soul with me across an ocean. With a heavy heart, [I say] goodbye [to] motherland."

This demonstrates the dire human rights conditions in the country. According to Shah, people have the right to enjoy an environment free from coercion and uncertainty, which cannot be provided in a state ruled by men with mob mentality.


Learn more about the Afghanistan Crisis at: https://www.aninews.in/news/world/asia/scenes-of-barbarity-in-afghanistan-expose-devastating-human-rights-situation20210901225904/

Explained: Why China’s new maritime law might spike tensions in South China Sea

[September 2, 2021]

What is the new law?


Foreign vessels, both military and commercial, will be henceforth required to submit to Chinese supervision in “Chinese territorial waters,” as per the new law. The state-run Global Times, quoting the country’s Maritime Safety Administration, said that “operators of submersibles, nuclear vessels, ships carrying radioactive materials and ships carrying bulk oil, chemicals, liquefied gas and other toxic and harmful substances are required to report their detailed information upon their visits to Chinese territorial waters”.

The report goes on to add that vessels that “endanger the maritime traffic safety of China” will be required to report their name, call sign, current position and next port of call and estimated time of arrival. The name of shipborne dangerous goods and cargo deadweight will also be required.


Learn more at: https://indianexpress.com/article/explained/explained-why-chinas-new-maritime-law-might-spike-tensions-in-south-china-sea-7481343/

How International Law Has Once Again Failed Afghanistan

[August 25, 2021]

The Preamble to the UN Charter reads:

We the peoples of the United Nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small…

In the post-World War II era, the United Nations had a duty to the people of Afghanistan. They had a duty to protect those people from the horrors of war. They had a duty to protect the relatively small nation of Afghanistan from being the plaything of superpowers who are used to carrying out their own petty proxy wars. They had a duty to secure the human rights of the men and women of Afghanistan and allow the nation to choose its own destiny as a member nation of the world. Instead, as always, the UN has remained impotent throughout this process and it will remain so as long as the 5 permanent member nations (US, UK, France, China, and Russia) are allowed to flout international law and rule the world as they see fit.


Learn more about the Afghanistan Crisis at: https://www.jurist.org/commentary/2021/08/tim-zubizarreta-international-law-failed-afghanistan/

Afghanistan: ‘Now is the time to stand as one’, UN chief tells Security Council

[August 16, 2021]

Concern for women and girls 

The Secretary-General highlighted the need to protect civilians and allow humanitarian access.  He urged nations to show willingness to receive Afghan refugees, and to halt any deportations. “Now is the time to stand as one,” he said. 

The UN chief called for the international community to “speak with one voice” to uphold human rights, and voiced particular concern over mounting violations against women and girls. “It is essential that the hard-won rights of Afghan women and girls are protected,” he stressed. 

“They are looking to the international community for support — the same international community that assured them that opportunities would be expanded, education would be guaranteed, freedoms would spread and rights would be secured.” 


Learn more about the Afghanistan Crisis at: https://news.un.org/en/story/2021/08/1097872

Canada violating int’l law by selling arms to Saudis: Report


[August 11, 2021]

Canada is violating international law by selling weapons to Saudi Arabia, according to a new report by rights groups Amnesty International Canada and Project Ploughshares, which are urging Ottawa to suspend all arms exports to Riyadh.

Canadian weapons transfers to the Gulf kingdom could be used to commit or facilitate violations of international humanitarian and human rights law, the rights groups found, particularly in the ongoing conflict in Yemen.


Learn more at: https://www.aljazeera.com/news/2021/8/11/canada-violating-intl-law-by-selling-arms-to-saudis-report

Afghanistan: Why is there a war?

[August 11, 2021]

What could happen next?

The obvious question is, will the Taliban take over the country again?

President Biden has expressed confidence that the militants will not topple the government in Kabul.

But one US intelligence assessment in June concluded it could fall within six months of the military departure.

By early August the Taliban were in control of about half the country, according to research by the BBC and others.

The Afghan government disputed some of the militants' territorial claims - fierce fighting was going on in a number of key cities, and several were in the hands of the militants.

The US says it will keep 650 to 1,000 troops to guard the US embassy, Kabul airport, and other key government installations. The Taliban have said any remaining troops could be targeted.


Learn More At: https://www.bbc.com/news/world-asia-49192495

PM Modi outlines five-point framework for maritime security debate at UNSC

[August 09, 2021]

“For free, maritime trade, it is also necessary that we fully respect the rights of the seafarers of other countries,” Mr Modi said.

A week into India’s United Nations Security Council (UNSC) month-long presidency, Prime Minister Narendra Modi chaired a debate on maritime security.

The debate, titled, ‘Enhancing Maritime Security — A Case for International Cooperation’, had heads of state or government in attendance, including Russian President Vladimir Putin, President of Kenya Uhuru Kenyatta and Premier of Vietnam Pham Minh Chinh.

The UNSC adopted a ‘Presidential [India’s] Statement’ which reaffirmed that the United Nations Convention on the Law of the Sea (UNCLOS) establishes the legal framework for maritime activities.


Visit the link for detailed awareness: https://www.thehindu.com/news/national/prime-minister-narendra-modi-chairs-high-level-open-debate-at-united-nations-security-council/article35817763.ece

UN Security Council's Presidency succeeded by India

[August 01, 2021]

The baton for the presidency of the UN Security Council (UNSC) for the month of August, was passed on from France to India. It has been reported that India will organize three high-level meetings focusing on priority areas such as maritime security, peacekeeping, and counterterrorism initiatives.

“A first in the making… With India as President of @UN Security Council in August, an Indian Prime Minister may perhaps preside, albeit virtually, a Council meeting for 1st time on 9 August 2021,” Syed Akbaruddin, New Delhi’s previous UN envoy, tweeted indicating that Prime Minister Narendra Modi would address the UNSC this month. 

Increasing apprehensiveness among Persons of Indian Origin amid unrest in South Africa

[July 30, 2021] 

"But South Africans of Indian descent are still in fear of mob violence as threats escalate on social media, especially in KwaZulu-Natal, the province which has a large population of Indian origin," said Rita Abraham, Co-ordinator at the Global Organization of People of Indian Origin International, Africa. 

Learn more about the background of the unrest at: https://indianexpress.com/article/explained/explained-why-south-africa-is-witnessing-worst-violence-in-years-7404306/ 

India: Release Detained Myanmar Asylum Seekers

[28 July, 2021]

“The Indian government should uphold its international legal obligations and work with the UN refugee agency to ensure prompt access to international protection mechanisms.”

UNHCR Detention Guidelines, which draw on international law, say that government authorities may detain adult asylum seekers only “as a last resort” as a strictly necessary and proportionate measure to achieve a legitimate legal purpose based on an individual assessment. Legitimate justifications for detention should be clearly defined in law, and conform to reasons clearly recognized in international law, such as concerns about danger to the public, a likelihood of absconding, or an inability to confirm an individual’s identity. Victims of torture and other serious physical, psychological, or sexual violence should, as a general rule, not be detained.

Refugees in the border states are largely dependent on civil society groups, who are providing support. Several groups have written to the national government asking it to provide humanitarian aid to the asylum seekers and ensure that specialized humanitarian agencies, including UNHCR, have unhindered access to them.

Learn More At : https://www.hrw.org/news/2021/07/28/india-release-detained-myanmar-asylum-seekers

USA's response to recent actions of China in South China Sea 

[July 16, 2021]

The recent navy drills conduced by China in the South China Sea region ahead of fifth anniversary of international tribunal ruling of 2016 is an express violation of international law. In response, the US Congressional committee has passed a legislation called the Ensuring American Global Leadership and Engagement or 'EAGLE' Act on July 15th, 2021. 

The legislation seeks to enhance American diplomacy and leadership in South China Sea region, while addressing challenges presented by China, among other efforts to strengthen relations with its Indo-Pacific allies.

Learn more at: https://economictimes.indiatimes.com/news/defence/united-states-congressional-committee-passes-eagle-act-to-address-challenges-posed-by-china/articleshow/84464551.cms 

What is Ecocide and can it be prosecuted by the International Criminal Court?

[July 01, 2021]

ECOCIDE refers to damage and destruction of ecosystems, caused on large scaled. It results in long-term and widespread harm to nature.  It's repeated infliction over the years has resulted in an aggravation of the climate crisis faced by the world today. 

Draft Code of Conduct for Adjudicators updated

[April 19, 2021]

The United Nations Commission on International Trade Law (UNCITRAL) and the International Centre for Settlement of Investment Disputes ('ICSID') released an updated version of the draft Code of Conduct for Adjudicators on April 19, 2021. 

The Draft Code seeks to enhance independence and impartiality of adjudicators and inculcate fairness, integrity and efficiency into the process. It was developed in the context of UNCITRAL Working Group III reforms on investor-State dispute settlement and proposed amendments to ICSID’s procedural rules.  

See more at : https://uncitral.un.org/en/news/icsid-and-uncitral-release-version-two-draft-code-conduct-adjudicators-international-investment 

ICJ Judges moonlighting as arbitrators- What changed?

[October, 2018]

In contrast to the requirements placed vide Article 16 of the ICJ Statute, a commentary by the International Institute for Sustainable Development (IISD) indicated in 2017 that several  of the judges of the International Court of Justice had been moonlighting as arbitrators on matters of Inter-State investment disputes, etc. While this finding raised concerns regarding the independence of the ICJ, it paved way for the ICJ to re-examine the need for regulations in regard to this practice. 

Read more at: https://www.iisd.org/articles/iisd-welcomes-icj-judges-decision-no-longer-participate-investor-state-arbitration