Armed Conflict

Page 1 of 54

Filter category

Feature post image

Extraterritorial Investigations in Hanan v. Germany; Extraterritorial Assassinations in New Interstate Claim Filed by Ukraine against Russia

In this post I will discuss two recent developments on the extraterritoriality of human rights front – the judgment of the Grand Chamber of the European Court of Human Rights in Hanan v. Germany, no. 4871/16, on the compliance with Article 2 ECHR of the investigation by German authorities into the Kunduz incident in Afghanistan, and a new interstate claim filed this week with the European Court by Ukraine against Russia, on an alleged administrative practice by Russian authorities of assassinating perceived opponents abroad. (I also still have to write up a proper post on the Human Rights Committee’s decision re the drowning migrants in the Mediterranean – the extraterritoriality extravaganza continues next week…). First, on Hanan. The bottom line is that the Court, by 14 votes to 3, found that the procedural obligation to investigate applied to the conduct of German forces that were part of the ISAF contingent in Afghanistan, i.e. that the investigation was within Germany’s Article 1 ECHR jurisdiction, and unanimously, that…

Read more

Protecting Societies – Anchoring a new protection dimension in international law during armed conflict: An agenda for discussion

Adversarial military cyber operations carried out during armed conflict can affect the functioning of civilian societies in unprecedented ways, challenging the protective reach of international humanitarian law (IHL). In light of this, we argue for a recognition of new protection needs to shield critical societal processes from military cyber threats in situations of armed conflict. A…

Read more

Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in…

Read more

Georgia v. Russia No. 2: The European Court’s Resurrection of Bankovic in the Contexts of Chaos

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ; for a summary of the judgment see the Court’s press…

Read more

ECtHR Georgia v. Russia No. 2 Judgment to be Delivered on Thursday

A quick heads-up to our readers that on Thursday, 21 January, the Grand Chamber of the European Court of Human Rights will be delivering its long-awaited judgment in Georgia v. Russia (No. 2), the interstate case dealing with the 2008 conflict in Georgia. We will have commentary on the judgment soon after it comes out. In lieu of…

Read more
  • Page 1 of 54
  • Last