International Legal News - 16 February 2026
- 17 hours ago
- 4 min read
The following media round up on international and foreign policy issues from around the world for the period of 9 February to 13 February 2026. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please
send to Ned Vucijak at nenadv@guernica37.com for consideration.
13 February 2026
Terrorism: UK High Court rules ban on Palestinian Action unlawful
It has been reported that the designation of the protest group Palestinian Action as a terrorist organisation has been found to be unlawful by the High Court in England and Wales. The High Court has held that the group’s proscription was “disproportionate and unlawful” and that the activities of the group had not reached the level, scale, and persistence that would amount to terrorism.
The UN Special Rapporteur on human rights and counterterrorism, Ben Saul, has welcomed the ruling, and called for the Home Secretary Shabana Mahmood to respect the Court’s decision.
Palestinian Action is an organisation of protestors had been protesting the situation in Gaza by various means when it was designated a terrorist organisation by the (then) Home Secretary Yvette Cooper. This designation has meant that any person supporting the group has been at risk of arrest under anti-terror legislation. The Guardian Newspaper reports that some 2,500 persons are thought to have been arrested under those terms.
The present ruling raises questions about the present situation for those arrested for expressing support for the protest group. It is also reported that the MET Police will no longer arrest people associated with Palestine Action.
The Secretary of State, Shabana Mahmood, has signalled her intention to appeal the decision at the Court of Appeal.
For more on this story, see here.
To read the High Court’s Judgment, see here.
12 February 2026
International Arbitration: Notice of Dispute against AMP
It has been reported that the international conglomerate Hutchison Holdings has filed a Notice of Dispute with Panama Ports Company in a move to protect its investments and concession there. The notice of dispute is said to be pursuant to an “investment protection treaty”.
The Chinese and Hong Kong governments have been said to be critical of recent court decisions and the actions of Panama and that they intend to suspend investments there.
For more on this story, see here.
11 February 2026
Blog Corner: “Two Distinct Legal Regimes of State Recognition: Somaliland, Israel, and the African Union”
A post will be of interest to international practitioners and academics interested in state sovereignty and the international legal regime in Africa. Mahemud E. Tekuya examines the recent development of Israel recognising the sovereignty of Somaliland, despite positions to the contrary by Somalia and several Islamic and African states.
He considers what consequences this might have in respect to the relationship between international legal obligations on state recognition and legal obligations of African States under the AU Constitutive Act.
To read this article, see here.
10 February 2026
Immigration Law: “The Illegal Migration Act 2023 and the Hardial Singh principles”
Gabriel Tan and Lewis Graham have written a piece for the Administrative Law Blog on the recent case of R (MXV) v Secretary of State for the Home Department [2026] EWHC 251 (Admin).
They note that this case serves as the first time that the High Court has considered the impact of Section 12 of the Illegal Migration Act 2023 on the operation of the Hardial Singh principles which alongside other public law principles, guide the power of the Authorities to subject another to immigration detention.
Guernica 37 Chambers’ Isabella Kirwan, led by Doughty Street Chambers’ Catherine Meredith, and instructed by Duncan Lewis Solicitors, acted for the Claimant.
To read this article, see here.
To read the Judgment, see here.
To see Isabella Kirwan’s profile, see here.
10 February 2026
International Criminal Law: Human Rights NGO calls on Libya to comply with jurisdiction of International Criminal Court
The Human Rights organisation, Human Rights Watch (“HRW”) has sent an open letter to Libya’s Prosecutor General, requesting transparency over the recent arrest of Osama Elmasry Njeem, and compliance with a pending International Criminal Court (“ICC”) arrest warrant.
Originally arrested in Italy, Elmasry was extradited back to Libya, which HRW say was contrary to Italy’s obligations under Articles 90(1) and 97 of the Rome Statute. Elmasry was rearrested in November of 2025, and the authorities are yet to disclose the charges against him. Although Libya is not a party to the Rome Statute – the international agreement that grants the ICC jurisdiction for international crimes in a given country – the county accepted the Court’s jurisdiction in May 2025 for crimes committed between 2011-2027 following a unanimous referral to the ICC under UNSC Resolution 1970.
The ICC warrant concerns Elmasry’s role in abuses committed at Mitiga Prison, which are said to amount to war crimes and crimes against humanity.
For more on this story, see here.
9 February 2026
Human Rights: Harassment of prisoners of conscience in Cuba
The NGO Amnesty International has reported that there has been an increase in the harassment and deterioration in the health of individuals detained for exercising human rights in Cuba. They report that methods of oppression, including arbitrary detention, illegal surveillance and harassment against relatives of persons involved in prominent cases of state repression are transpiring.
Johanna Cilano, Caribbean researcher at Amnesty International has stated:
“Constant surveillance of homes, short-term arbitrary detention and unjustified restrictions on leaving the home are part of a systematic pattern of authoritarian practices that the Cuban state is using to punish and deter any form of dissent.”
Examples follow on.
For more on this story, see here.