International Legal News - 28 April 2025
- Apr 28, 2025
- 3 min read
Updated: May 6, 2025
The following media round up on international and foreign policy issues from around the world for the period of 20 April to 27 April 2025.
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.
27 April 2025
India announces 1960 Indus Waters Treaty with Pakistan to be held in abeyance following deadly militant attack
Following the militant attack in the Baisaran Valley near Pahalgam in Indian-administered Kashmir which left at least 26 people dead, the Indian government, which has blamed the attack on Pakistan-based groups, announced that it was suspending the Indus Waters Treaty (IWT)—a World Bank-brokered agreement signed in 1960 that governs the use and distribution of waters in the Indus River basin between the two countries. India’s Secretary of Water Resources wrote to her Pakistani counterpart that India was keeping the IWT in abeyance with “immediate effect” following the terror attack in Pahalgam, which claimed the lives of 26 civilians.
The IWT allocates the use of six rivers shared by the two countries. Under the pact, India has exclusive rights over the eastern tributaries of the Indus, while Pakistan controls the western tributaries, as well as the Indus itself. India is permitted limited non-consumptive use of the western rivers in territories it controls but cannot alter their flow. The IWT also created a Permanent Indus Commission for joint oversight and dispute resolution.
Pakistan has rejected the allegations and condemned the move as a breach of international law. In response, the Pakistan Prime Minister’s office condemned the move as an “act of war” and announced a series of retaliatory diplomatic measures, including the suspension of the 1972 Simla Agreement.
25 April 2025
Founding Chief Prosecutor of the UN Special Court for Sierra Leone calls for Special Syrian Domestic Criminal Court
According to David M. Crane, Founding Chief Prosecutor of the UN Special Court for Sierra Leone, an effective approach to hold members of the former Syrian regime accountable for widespread human rights violations would be to establish a Special Domestic Criminal Court to prosecute individuals responsible for crimes committed under Bashar al-Assad’s rule.
Establishing a Special Domestic Criminal Court would require a multifaceted approach, weaving together elements of both Syrian and international laws, while taking into account the political realities faced by the interim leadership. Given the significant role of Syrian jurists, the court’s integrity and credibility would stand to benefit from their engagement.
24 April 2025
ICC judges ordered to review Israel’s challenge of jurisdiction
The ICC Appeals Chamber has reversed the Pre-Trial Chamber’s decision on Israel’s challenge to the jurisdiction of the Court and remanded the matter to the Pre-Trial Chamber. The Appeals Chamber held that the Pre-Trial Chamber had not properly weighed challenges by Israel to its jurisdiction and the legality of arrest warrant requests against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for their conduct of the Gaza war.
Specifically, the Appeals Chamber concluded that the Pre-Trial Chamber committed an error of law by failing to sufficiently address Israel’s argument that it was entitled to make a jurisdictional challenge under article 19(2)(c) of the Statute. The Appeals Chamber therefore reversed the Impugned Decision and remanded the matter to the Pre-Trial Chamber for a new ruling on the substance of Israel’s challenge to the jurisdiction of the Court.
Committee for the Prevention of Torture (CPT) warns about serious prison overcrowding and informal prisoner hierarchies in Europe
The Council of Europe’s Committee for the Prevention of Torture expressed serious concern about the significant increase in prison overcrowding in 2024, particularly in some Western European countries, and urged governments to address it with resolute measures. It also called on several states to eradicate informal prison hierarchy, which has persisted to varying degrees in their prison systems since they were part of the Soviet Union.
In March 2024, the CPT announced its programme of periodic visits for 2025. The following eight countries were chosen: Azerbaijan, Belgium, Germany, Greece, Liechtenstein, Montenegro, Romania and Spain.
