European Convention on Human Rights

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Al-Saadoon and Mufdhi Merits Judgment

The Al-Saadoon and Mufdhi v. United Kingdom (no. 61498/08) judgment by a Chamber of the European Court of Human Rights is now out (HUDOC). For our previous coverage, with links and background, see here and here. The shortest possible summary - the applicants won, and the Chamber judgment is a valuable contribution to human rights jurisprudence. Now for more detail. Readers will recall that the basic question raised by the case is whether the transfer by the UK of the applicants who were in the custody of UK troops in Iraq to Iraqi authorities for trial violated the applicants ECHR rights, specifically the non-refoulement principle established by the Court in Soering v. UK, inter alia because there was serious risk of them being subjected to the death penalty. In Soering itself the issue was the surrender of the applicant to the US, where there was serious risk of him being subjected to the death penalty. However, the death penalty was at the time still not outlawed with respect to the UK by Protocols 6 and…

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Report on UK Complicity in Torture

On Tuesday the Joint Parliamentary Committee on Human Rights published its report on allegations of UK complicity in torture. I would particularly like to draw our readers’ attention to the Committee’s legal analysis of the scope of the UK’s obligations as a matter of two treaties, the UN Convention against Torture and the European Convention on Human…

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The Law Lords’ Final Judgments

Yesterday the House of Lords delivered its last judgments as the final court of appeal in England and Wales. For many, many, many years (as with all thing English), the House of Lords had a dual function, sitting as both a part of the legislature and the judiciary. From 1 October this year, the new Supreme Court of the United…

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Who Uses the European Court of Human Rights, and Who Wins? Evidence from New Studies

Gabriel Swain is Research Associate, School of Social Policy, Sociology and Social Research, University of Kent.  Previously, he worked as a researcher for the Council of State Governments, a US-based public policy think tank, where he wrote on topics including climate change, natural resource policy, energy policy and federalism. The…

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Response to Alison MacDonald’s and Dapo Akande’s comments

We thank Alison MacDonald for her illuminating and extremely useful perspective on the developments in the approach of the British courts to adjudication based on international law. In many respects the changing attitude toward international law,  headed by the House of Lords under the unmistakable leadership of Lord Bingham, has provided an example for other national courts…

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