CERD

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CERD’s May 2026 Statement on Israel’s Death Penalty Law: On the Silence of Other Treaty Bodies and On a Missed Rendez-Vous with The Hague

On 29 April 2026, the Committee on the Elimination of Racial Discrimination (CERD) expressed alarm at Israel’s “Death Penalty for Terrorists Law,” urging its immediate repeal, and situating the rolling back of a long-standing de facto moratorium on executions within a broader framework of racial discrimination. CERD’s statement is significant per se, but also for what it draws attention to: the silence of other treaty bodies. By the time CERD acted, the UN High Commissioner for Human Rights had warned that the legislation was inconsistent with Israel’s international legal obligations, including the right to life. The UN Special Procedures had denounced the law as a grave setback perpetuating racial discrimination against Palestinians, and as incompatible with the absolute prohibition of torture (allegation letter , May 11, 2026).

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When Decolonization Meets Human Rights: CERD’s 2025 Decision on the Chagos Agreement

Debates on the Chagos Archipelago have long been framed through questions of territorial sovereignty and decolonization, largely as a bilateral matter between the UK and Mauritius. Human rights dimensions have not been absent, as Chagossian claims have appeared in domestic courts, before the European Court of Human Rights, and in several UN mechanisms, but they have not always…

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A Follow-Up on the ICJ’s UNRWA Advisory Opinion

In my previous post, I discussed the bottom line of the ICJ’s UNRWA advisory opinion – essentially the Court’s finding that Israel’s obligations under IHL, IHRL and the UN Charter compelled it not to obstruct UNRWA’s work, in the particular circumstances of the occupied territories. I did not discuss in that post the…

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Can the ECtHR Serve as an Alternative Venue for Inter-State Racial Discrimination Claims? Ukraine and the Netherlands v. Russia and the Strategic Value of Multi-Forum Litigation

On 9 July 2025, the European Court of Human Rights (ECtHR, the Court) issued its long-awaited merits judgment in Ukraine and the Netherlands v. Russia, a nearly 500-page ruling of unprecedented scale in the Court’s history, which also drew an exceptional number of third-party interventions (discussed here, here, and here). The proceedings consolidated three…

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Greening CERD? The ICJ’s (Over)Cautious Stance on Environmental Harm as Racial Discrimination in Azerbaijan v. Armenia

On 12 November 2024, the International Court of Justice (ICJ, ‘the Court’) delivered its ‘twin’ judgments on Azerbaijan’s preliminary objections on jurisdiction in Armenia v. Azerbaijian, and on Armenia’s preliminary objections on jurisdiction and admissibility in Azerbaijan v. Armenia. Both cases, brought in late 2021, invoked Article 36(1) of the ICJ Statute and Article 22 of…

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