Published: 14 January 2021 Authors: Stefan Talmon and Roman Kenny-Manning
On 19 November 2020, the Higher Regional Court in Stuttgart sentenced the 32-year-old Syrian national Fares A. B. to 12 years’ imprisonment for, inter alia, an attempted war crime against persons by killing and a war crime against persons by torture, as well as membership of the foreign terrorist organisation “Islamic State” (IS). (more…)
Published: 12 January 2021 Author: Stefan Talmon
The Islamic Defenders Front, commonly known by its Indonesian acronym, FPI, is a controversial and politically influential hardline Islamist group. Founded in 1998, the FPI has gained notoriety for intolerant views against people of different faiths and vandalism on businesses such as bars and brothels they consider an affront to the Islamic law. On 10 November 2020, the spiritual leader of the group, Muslim cleric Muhammad Rizieq Shihab, returned to Indonesia from self-imposed exile in Saudi Arabia to rapturous crowds, and called for a “moral revolution”. The return raised concerns of reigniting tensions between the largely secular government and the FPI in the world’s biggest Muslim-majority country. On 7 December 2020, six FPI supporters were killed in a shootout with police; five days later, Rizieq was arrested for breaching coronavirus restrictions by holding gatherings of thousands of people. On 18 December 2020, the FPI staged a protest in Central Jakarta demanding an investigation into the death of the six FPI members and the release of the FPI leader Rizieq Shihab. On 30 December 2020, the Indonesian Government outlawed the FPI with immediate effect. It was stated that nearly 30 of its leaders, members and former members had been convicted on terrorism charges and because the group conflicted with the nation’s State ideology, Pancasila, which emphasises unity and diversity. (more…)
Published: 08 January 2021 Author: Stefan Talmon
As it seems to have become customary for blogs to publish the statistics at the beginning of the year, we are happy to share the 2020 statistics for GPIL: (more…)
Published: 07 January 2021 Author: Stefan Talmon
Throughout the year, Germany makes numerous statements on international law. Not all these statements form part of a case study presented on GPIL. However, these statements may nevertheless be of interest to international lawyers. We therefore compile these statements on a monthly basis. (more…)
Published: 05 January 2021 Authors: Rohan Sinha and Stefan Talmon
Nord Stream 2 is a 1,230 kilometre underwater natural gas pipeline project through the Baltic Sea. The pipeline passes through the territorial sea and/or Exclusive Economic Zone of Russia, Finland, Sweden, Denmark, and Germany. The construction of the pipeline began in 2018 and by the end of 2019 the project was almost compete, having received all necessary construction permits from the coastal States. Upon completion, Nord Stream 2 will deliver natural gas from Russia to Germany, adding to the supply provided by the existing Nord Stream pipeline which runs largely parallel to it. The total export capacity of Nord Stream 2 is projected to be 55 billion cubic meters of gas per year, which is the same capacity as the already operational Nord Stream pipeline. (more…)
Published: 23 December 2020 Authors: Stefan Talmon and Anna Dickmann-Peña
On 14 October 2006, the UN Security Council imposed sanctions on the Democratic People’s Republic of Korea (DPRK) in response to the country’s development and testing of nuclear weapons and ballistic missiles in flagrant disregard of relevant Security Council resolutions. In order to oversee the implementation of the sanctions, the Council, in resolution 1718 (2006), established a Committee consisting of all Council members (DPRK Sanctions Committee or 1718 Committee). According to the Guidelines for the work of the Committee, all decisions are made by consensus. The Chair of the Committee is encouraged to consult with Committee members before submitting an issue for decision. If consensus cannot be reached, the Chair may undertake such further consultations as may facilitate agreement. If despite best efforts no consensus can be reached, the Chair may bring the issue to the attention of the Council. In 2019-2020, the Committee was chaired by the Permanent Representative of Germany to the UN, Ambassador Christoph Heusgen. (more…)
Published: 22 December 2020 Author: Stefan Talmon
During the meeting of the UN Security Council on “The situation in the Middle East” on 5 October 2020, the Russian Federation, as President of the Council, proposed to invite Mr. José Bustani to brief the Council on the investigation of the use of chemical weapons in Syria by the Organization for the Prohibition of Chemical Weapons (OPCW). Mr. Bustani, who had been Director-General of the OPCW from 1997-2002, was to be invited under Rule 39 of the Council’s Provisional Rules of Procedure. However, Germany and five other Western member States of the Council objected to him being invited because the purpose of the meeting was to review the implementation of resolution 2118 (2013) and the OPCW Executive Council decision of 27 September 2013 on the scheduled destruction of Syria’s chemical weapons. The Western States argued that, as Mr. Bustani had left the OPCW more than a decade before the issue of chemical weapons in Syria came before the Council, he was not in a position to provide relevant knowledge or information on the topic of the meeting. The objection must also be seen against the background of Mr. Bustani having been critical of the OPCW’s investigation of the use of chemical weapons in Syria and Russia’s policy of undermining the credibility of the OPCW and trying to call into question the use of chemical weapons by its ally, the Syrian Government of President Bashar al-Assad. (more…)
Published: 16 December 2020 Author: Stefan Talmon
Throughout the year, Germany makes numerous statements on international law. Not all these statements form part of a case study presented on GPIL. However, these statements may nevertheless be of interest to international lawyers. We therefore compile these statements on a monthly basis. (more…)
Published: 11 December 2020 Author: Stefan Talmon
Shortly before noon on 23 August 2019, Zelimkhan K., also known as Tornike K., a Georgian citizen of Chechen ethnicity who had fled to Germany, was shot dead in an execution-style killing in Berlin’s central park, Kleiner Tiergarten. The victim had fought alongside Chechen rebels against Russian troops in the Second Chechen War from 1999 to 2009. The Russian Government had designated him a terrorist and issued a warrant for his arrest. The suspected killer, a Russian national, was arrested immediately after the crime and taken into custody. From the outset there was suspicion of Russian State involvement in the insidious murder. (more…)
Published: 09 December 2020 Author: Stefan Talmon
On 24 September 2020, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action brought by representatives of several Ovaherero and Nama organizations against the Federal Republic of Germany. The plaintiffs had sought damages for the enslavement and genocide of the Ovaherero and Nama peoples more than a century ago by German colonial troops in what is now Namibia, as well as for property they alleged imperial Germany expropriated from the land and peoples. The judgment brought an end to legal proceedings that lasted more than three years and nine months. (more…)