Author: Stefan Talmon

Published: 12 March 2021 Author: Stefan Talmon

On 25 April 2019, the Ukrainian Parliament adopted the “Law on ensuring the functioning of Ukrainian as the State language”. The new law regulated the use of Ukrainian as the sole State language in government functions and services, making it compulsory for politicians, judges, doctors, employees of the national bank and state-owned companies, officers in the military, teachers, and others. The law also requires that 90% of TV and film content be in Ukrainian and for Ukrainian-language printed media and books to make up at least 50% of the total output. The law had a considerable impact on Ukrainian society, in particular on the sizeable Russian-speaking minority. In March 2019, the Kyiv International Institute of Sociology published findings that 28.1% of Ukrainians spoke mostly or only Russian with their families, including 15.8% who exclusively spoke Russian. That compared with 46% who spoke mostly or only Ukrainian with their families, and 24.9% who spoke the two languages in equal proportion. (more…)

Published: 09 March 2021 Author: Stefan Talmon

In the wake of the break-up of the Union of Soviet Socialist Republics, the Georgian Soviet Socialist Republic declared its independence on 9 April 1991. This, in turn, triggered the two Georgian regions of South Ossetia and Abkhazia, which both border on Russia, to declare their independence from Georgia on 21 December 1991 and 23 July 1992, respectively. In both cases, armed conflict between separatist and Georgian Government forces ensued. Atrocities were committed on all sides, ethnic cleansing was practiced, and hundreds of thousands of people were displaced. (more…)

Published: 04 March 2021 Author: Stefan Talmon

On 8 July 2019, the International Law Commission (ILC) adopted a set of 28 draft Principles on “Protection of the environment in relation to armed conflicts” on first reading. The ILC subsequently also adopted commentaries on the draft principles and transmitted the texts to governments for comments and observations. During the consideration of the Report of the ILC in the Sixth Committee of the UN General Assembly on 5 November 2019, Germany offered some initial comments on the draft Principles. (more…)

Published: 03 March 2021 Updated: 05 March 2021 Author: Stefan Talmon

It was revealed on 2 March 2021 that following up on its “Policy guidelines for the Indo-Pacific region” adopted in September 2020, Germany will send the frigate “Bayern” to the Indo-Pacific. The warship will leave its home port of Wilhelmshaven at the beginning of August for a six-month journey. On its return journey, the frigate will sail through the South China Sea.

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Published: 02 March 2021 Author: Stefan Talmon

Recent years have seen an increase in the practice of arbitrary arrest and detention of foreign nationals by States in order to influence the conduct of the State of their nationality. Persons living, working, or travelling abroad are being detained and falsely charged and sentenced simply because of their nationality in order to gain leverage in inter-State relations. Quite often these are thinly veiled exercises of extortion. Germany considered itself at the receiving end of such practices. In response to the arrest of several German nationals (both single and dual nationals) in Turkey, Federal Foreign Minister Sigmar Gabriel said on 20 July 2017 that “German citizens are no longer safe from arbitrary arrest in Turkey” and that “arbitrary politically motivated expropriations [of German corporate investments in Turkey] are not only a threat but have actually occurred.” In an interview three weeks later, he stated with regard to Turkey that there “are now nine Germans who have no idea what crimes they are being accused of or who are having to fight far‑fetched accusations.” (more…)

Published: 25 February 2021 Authors: Stefan Talmon and Anneliese Quast Mertsch

The provisional application of treaties is a long-established legal mechanism that is often used by States and international organizations to give immediate effect to all or some of the provisions of a treaty prior to the completion of all internal and international requirements for its entry into force. The question of whether a treaty should be provisionally applied usually arises already at the negotiating stage allowing for a clause on provisional application to be included in the text of the treaty. However, provisional application may also be agreed upon at a later stage in some other manner. The provisional application of treaties is dealt with in Article 25 of the 1969 Vienna Convention on the Law of Treaties (1969 Vienna Convention), and in the corresponding provision of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986 Vienna Convention). The provisional application of treaties is a complex matter involving a number of legal questions that merit in-depth analysis. The International Law Commission (ILC) has studied the topic since 2012 and requested States to provide it with information on their position and practice on the topic. Germany responded twice to these requests.

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Published: 23 February 2021 Author: Stefan Talmon

On Lunar New Year’s Eve on 7 February 2016, violent riots took place in Hong Kong’s Mong Kok district. During the riots, protesters hurled bricks prised from pavements at police and set fire to cars and rubbish bins. Police fired two warning shots into the air. More than 130 people were injured in the clashes, including some 90 police officers, and 64 protesters were arrested. In May 2018, nine of the protesters were sentenced by a Hong Kong Magistrates’ Court to up to four years and three months in prison. In Hong Kong, rioting carries a maximum sentence of 10 years imprisonment. (more…)

Published: 19 February 2021 Author: Stefan Talmon

One of the important and demanding tasks of the elected members of the UN Security Council is to chair the Council’s sanctions committees. During its tenure on the Council in 2019-2020, Germany chaired, inter alia, the Libya Sanctions Committee, sometimes also referred to as the “1970 Committee” because it was established on 26 February 2011 pursuant to resolution 1970 (2011). The Committee is tasked with overseeing the implementation of the panoply of restrictive measures imposed by the Security Council on Libya. In particular, the Committee was to monitor compliance with the two-way Libyan arms embargo. It was to report to the Security Council on its work. The Committee comprises all 15 members of the Security Council and makes its decision by consensus. If consensus cannot be reached, the matter may be referred to the Security Council. The Committee is supported by a Panel of Experts which assists the Committee in carrying out its mandate. Its members are appointed by the UN Secretary-General in consultation with the Committee. The Panel of Experts gathers, examines, and analyses information regarding the implementation of the sanctions measures and provides to the Security Council interim reports and final reports with its findings and recommendations. (more…)

Published: 16 February 2021 Authors: Stefan Talmon and Philip Wimmer

The Kurdistan Workers’ Party or PKK (Partiya Karkerên Kurdistanê) is a Kurdish organization operating mainly in Turkey. It was founded in 1978 by a group of students around Abdullah Öcalan, dedicated to the creation of an independent, communist Kurdish State in south-eastern Turkey. With between 25 and 35 million Kurds living in the border regions of Turkey, Iraq, Syria, Iran and Armenia, the Kurds make up the fourth largest ethnic group in the Middle East but have never succeeded in establishing their own nation State. In order to achieve its goals, the PKK launched an armed struggle against the Turkish Government in 1984, targeting Turkish military and security personnel but also civilians. Since the start of the conflict, over 40,000 people have been killed. (more…)

Published: 11 February 2021 Author: Stefan Talmon

Under Article 12(2)(a) of the Rome Statute of the International Criminal Court (Rome Statute), the International Criminal Court (ICC) may exercise its jurisdiction if the “State on the territory of which the conduct in question occurred” is a State Party to the Rome Statute. On 2 January 2015, the State of Palestine deposited its instrument of accession to the Rome Statute with the Secretary-General of the United Nations pursuant to Article 125(2) of the Statute. On 22 May 2018, Palestine referred the “Situation in the State of Palestine” to the Prosecutor pursuant to Articles 13(a) and 14 of the Statute. Palestine requested the Prosecutor to investigate crimes within the Court’s jurisdiction, “committed in all parts of the territory of the State of Palestine” since 13 June 2014. In its referral the State of Palestine specified that its territory comprises “the Palestinian Territory occupied in 1967 by Israel, as defined by the 1949 Armistice Line, and includes the West Bank, including East Jerusalem, and the Gaza Strip.” As both the accession of the State of Palestine to the Rome Statute and the referral of the situation to the Prosecutor were controversial, on 22 January 2020 the Prosecutor sought a ruling from the Court under Article 19(3) of the Rome Statute on the Court’s territorial jurisdiction in Palestine. (more…)