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Basu v. Germany and Muhammad v. Spain: Why the first European Court of Human Rights’ judgments on racial profiling in identity checks are disappointing  

Racial profiling by the police is a mounting concern in Europe. It has been defined by the European Commission against Racism and Intolerance (ECRI) as “the use by the police, with no objective or reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigation activities” (ECRI General Recommendation 11, §1). Numerous international and European institutions, including the UN Human Rights Committee (Rosalind Williams Lecraft v Spain), the UN Committee on the Elimination of Racial Discrimination (CERD), the Council of Europe Commissioner for Human Rights, and the European Parliament, have condemned this practice as discriminatory and called upon states to take measures to tackle it. In addition to being contrary to human rights, it is said to be ineffective, because it relies on stereotypes and gross generalizations rather than factual grounds or reasonable suspicion, and counterproductive as it damages the relationship between the police and certain communities, by stirring feelings of injustice and stigmatization. Nonetheless, a wealth of studies and reports…

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The EU boycott of Russian scientists and the right to science in the shadow of Ukraine’s invasion

The Russian Federation’s invasion of Ukraine has brought back the issue of scientific freedom and the protection of scientists developing military technology. The day after the invasion, Germany froze bilateral science partnerships with the Russian Federation. A slew of European countries quickly followed suit, and some restrictions have been expanded to include Belarus. Russia’s participation in…

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Announcements: International Legal Theory and the Cognitive Turn; Max Planck Masterclass; Legal History of International Power; International Law Breakfast Briefings; ITLOS Nippon Foundation Capacity Building and Training Programme; CfP Corporate Human Rights Responsibility; CfP European Yearbook of International Economic Law; UN Audiovisual Library of International Law

1. International Legal Theory and the Cognitive Turn. The University of Hamburg Law Faculty, Institute of Law and Economics, is hosting a Workshop on International Legal Theory and the Cognitive Turn which will take place on 16 -17 March 2023 at the Warburg-Haus (organized by Anne van Aaken and Moshe Hirsch). For the preliminary program, see…

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Israel: Cry, the Beloved Country

This piece is cross-posted on Verfassungsblog. Israel, like many other democracies today, is a deeply polarized society. The operating principle of public discourse is typically: ‘Art thou for us or for our adversaries’ (Joshua 5:13). Whether it is the never-ending Arab-Israeli conflict and the 55-year Occupation of the Territories (even how to call them both…

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Fragmenting Communities of Interpretation and Authority

Editor's Note: This is the third of a series of posts by Prof. Anderson responding to earlier posts by Brad Roth and Amrita Kapur which offered comments on Prof Anderson's 2009 EJIL article, “The Rise of International Criminal Law: Intended and Unintended Consequences,”…

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Joint Symposium on Chatham House’s Report on Proportionality: Calibrating the Compass of Proportionality

This is the third post in our joint symposium arising out of the publication of the Chatham House report, Proportionality in the Conduct of Hostilities: The Incidental Harm Side of the Assessment, Calibrating the Compass of Proportionality, by Geoff Corn. The full post is available now…

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The Assassination of Alexander Litvinenko Before the European Court of Human Rights

In more extraterritoriality news, the Guardian recently reported that the widow of Alexander Litvinenko, who was killed in London in 2006 by Russian agents using a radioactive poison, has revived the claim she had previously filed against Russia before the European Court of Human Rights:…

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Legality of Drone Strikes in Pakistan to be Tested in English Courts?

Yesterday, lawyers acting for the son of a man killed by a US drone in Pakistan issued legal proceedings in the English High Court against the UK Foreign Secretary claiming that the UK is acting unlawfully in providing assistance to the US drones program (see here…

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The International Court of Justice's 2022 Reparations Judgment in DRC v. Uganda: 'Global Sums' as the New Device for Human Rights-Based Inter-State Disputes

On 9 February 2022, the International Court of Justice issued its much-awaited Reparations Judgment in Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) [hereafter, "2022 Reparations Judgment"], awarding the Democratic Republic of the Congo (DRC) the global sum of US$330…

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On Binaries, Blind Spots, and Shades of Gray: The UN Report on LGBTQ+ Persons in Armed Conflict

“I'd prefer it if you shoot me in the head.” These were the words of a young gay man in Syria in 2015 who knew his fate was to be thrown from the roof of a high-rise building after being convicted by ISIS for sodomy.

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