
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:
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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.
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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.
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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.
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