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August 2022

Inter-American Juridical Committee concludes
its 101st Regular Session

Inter-American Juridical Committee concludes its 101st Regular Session

The Inter-American Juridical Committee (CJI) held its 101st regular session in person from August 1 to 10, 2022, at its headquarters in Rio de Janeiro, Brazil.

On that occasion, the Committee approved a report, a declaration and two resolutions to be submitted to the Permanent Council:

  • The report on the “International Law Applicable to Cyberspace,” which was drafted by the rapporteur, Dr. Mariana Salazar Albornoz, addresses the current situation regarding multilateral and doctrinal processes. An analysis is provided on major issues of international law on which there are divergences, including, among others, topics on attribution; breach of international obligations; and responses available to a state that has been a victim of a malicious cyber operation. It also integrates official positions expressed within the United Nations framework by the states of the region since 2019: Bolivia, Brazil, Canada, Chile, Cuba, Ecuador, United States, Guatemala, Guyana and Peru. The Committee hopes that this study will serve as a reference for OAS member states.

  • The “Declaration on the inviolability of diplomatic premises as a principle of inter-American relations and its relationship to the notion of diplomatic asylum” confirms that the norm on the inviolability of the premises of the diplomatic mission does not admit any kind of exception, and that any abuse against such a norm must be resolved “exclusively by resorting to the measures provided for in diplomatic law.” The declaration contains an explanatory note that clarifies the sources of the norm on the inviolability of diplomatic premises and its relation with the institution of diplomatic asylum. This topic, which was under the rapporteurship of Dr. George Galindo Bandeira, responds to a mandate by the General Assembly. Prior to its treatment by the Committee, it was the subject of a reflection session within the Committee on Juridical and Political Affairs of the Permanent Council, held on July 13, 2021, in the presence of experts and representatives of member states who submitted observations.

  • The resolution pays tribute to two members whose mandates end on December 31, 2022, Doctors Ruth Stella Correa and Mariana Salazar Albornoz.

Furthermore, the Committee added two new topics to its working agenda and selected their rapporteurs, both of which follow mandates by the General Assembly: “The principles of international law on which the inter-American system is founded, as the normative framework that governs the work of the OAS and the relations among member states”, under Dr. George Rodrigo Bandeira Galindo, and “Strengthening the accountability regime in the use of information and communication technologies”, under Dr. Martha del Carmen Luna Véliz.

It should be mentioned also that the CJI will request comments from member states on two reports of its current agenda: “The development of international standards on neurorights” and “Particular international customary law”.

The session of the Committee coincided with the Course of International Law, and propitiated a meeting with the presence of the Committee plenary and the students, held on Friday August 5, 2022. This event allowed the Committee rapporteurs to make a brief explanation on their respective topics, while the students asked questions and made comments. The Committee also received, at its headquarters in Rio, the visit of distinguished professors of International Law, officials of international organizations and jurists who lectured at the Course, including, among others, the President of the Inter-American Court of Human Rights, Dr. Ricardo C. Pérez Manrique.

Lastly, at this Regular Session, the CJI elected its new officers, selecting as its Chair Dr. José Moreno Rodríguez, from Paraguay, and as Vice-Chair, Dr. George Rodrigo Bandeira Galindo, from Brazil, who will serve in said capacities from January 1, 2023, for a two-year term.

The CJI will hold its next regular session on March 6-10, 2023, at the headquarters in Rio de Janeiro, Brazil.

As part of the Secretariat for Legal Affairs, the Department of International Law provides secretariat services as well as technical support to the CJI.

The CJI serves as advisory body on juridical matters to the OAS. Its main duty involves the promotions of the progressive development and codification of international law.

» For more information about the Inter-American Juridical Committee (CJI), click here.

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