Featured

Feature post image

European Court Finds Russia Assassinated Alexander Litvinenko

On Tuesday a Chamber of the European Court of Human Rights found Russia responsible for violating the right to life of Alexander Litvinenko, the former Russian spy poisoned with radioactive polonium in London in 2006 (Carter v. Russia, no. 20914/07, 21 September 2021). The Court found Article 2 ECHR to have been violated in both its substantive and its procedural aspects. It did so by 6 votes to 1 (Judge Dedov dissenting), and ordered Russia to pay Mr Litvinenko’s widow 100,000 euros in non-pecuniary damages. Russia may now ask the Grand Chamber of the Court to reconsider the case, and either way its compliance with the judgment is hardly a given. The judgment is simply remarkable – and not only because of its subject-matter and obvious political impact. The Court, for the very first time, expressly held that the ECHR applied to extraterritorial assassinations and arguably adopted a functional approach to extraterritoriality. In doing so it effectively disregarded – even ignored – contrary jurisprudence, especially Bankovic. It also applied Article 8 of the…

Read more

Recent Comments

Read the full article Read the full article Read the full article Read the full article

The Special Tribunal for Lebanon: How did it survive for so long?

Reports that the Special Tribunal for Lebanon (STL) would cease to operate past July 2021 have proved somewhat premature. Perhaps, a more appropriate description is that the STL is now on life support. Following significant budgetary cuts, which were recently approved by the STL’s Management Committee, the Tribunal will be able to continue…

Read more

Announcements: CfA Yearbook of International Disaster Law; CfP Duty of States to Cooperate; International Law Weekend 2021; Jindal Society of International Law Lectures

1. Call for Abstracts: Yearbook of International Disaster Law. For its Issue no. 4, the Yearbook of International Disaster Law published by Brill welcomes submissions of abstracts (see here for the full call) for potential papers related to: a) its ‘Thematic Section’ on “Regionalization and Localization of International Disaster Law” aimed at exploring either legal/institutional approaches…

Read more

Challenging abortion laws in Bangladesh: In need of a multi-pronged judicial strategy

In May 2020, a writ petition was filed with the High Court Division of the Supreme Court of Bangladesh challenging the constitutionality of Sections 312-316 of the Penal Code 1860, a legacy of the British colonial rule in the Indian subcontinent. Under Section 312, anyone who voluntarily causes a woman to miscarry, including the woman herself, is punishable…

Read more

The pandemic, UN cyber negotiations and international law and norms

Bright winter sunlight flooded the non-descript conference room in the Palais des Nations, as delegates of the UN Group of Governmental Experts (GGE) on cyber took their seats. It was February 2020, and the 2-year multilateral process was still in its early days, with negotiations scheduled over the…

Read more

Embedding Human Rights in Internet Governance

In Resolution 56/183 (2001), the UN General Assembly welcomed the creation of an inter-governmental World Summit on the Information Society (‘WSIS’) to address the digital revolution and the increasing digital divide between the global North and South. During the Summit’s two phases (Geneva, 2003 and…

Read more

Surveillance Without Borders? The Unlawfulness of the NSA-Panopticon, Part I

Introduction: The draft GA resolution on privacy on the Internet At the end of October 2013, a draft General Assembly resolution calling for the right to privacy on the Internet was sponsored by Brazil and Germany. (photo: a panopticon, credit)…

Read more

Al-Saadoon and the Duty to Investigate

On September 9, a UK Court of Appeal handed down its judgment in Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811]. Much of that case revolved around when and how the European Convention on Human Rights (ECHR) applies to the conduct of…

Read more

Command responsibility for Australian war crimes in Afghanistan

Introduction On 4 January 2021 the Australian Office of the Special Investigator officially commenced work (“OSI”). Its task is to conduct criminal investigations into Australian war crimes in Afghanistan, as revealed in the Brereton Report (discussed here). The report focusses on the killing…

Read more

The Saga Continues: Argentina’s Request for Provisional Measures v Ghana before the ITLOS

On 14 November 2012 Argentina filed a Request for provisional measures before the International Tribunal of the Law of the Sea (ITLOS) based in Hamburg, Germany in accordance with Article 290(5) of the United Nations Convention on the Law of the Sea (UNCLOS), requesting Ghana to…

Read more

Explore

Dapo Akande

Editor

Marko Milanovic

Editor

Diane Desierto

Editor

Devika Hovell

Editor

Kate Mitchell

Associate Editor

Mary Guest

Associate Editor

Gail Lythgoe

Associate Editor

Freya Baetens

Contributing Editor

Michael Fakhri

Contributing Editor

Douglas Guilfoyle

Contributing Editor

Monica Hakimi

Contributing Editor

Lorna McGregor

Contributing Editor

Anthea Roberts

Contributing Editor