Extraterritorial Application

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HF and Others v France: Extraterritorial Jurisdiction without Duty to Repatriate IS-Children and their Mothers

On 14 September 2022 the Grand Chamber of the European Court of Human Rights (ECtHR or Court) issued its judgment in HF and others v France, a case concerning the repatriation of IS-children and their mothers from Syrian camps. This judgment is interesting for various reasons: it addresses an issue that is controversial in many countries; it is the latest episode in the saga of the ECtHR and extraterritorial jurisdiction; and it is the first time that the Court clarifies the meaning of Article 3(2) of Protocol 4 to the European Convention on Human Rights (ECHR) (right to enter one’s own country). This post focuses on the Court’s approach to extraterritorial jurisdiction and compares it with the recent decisions of the United Nations (UN) Committee on the Rights of the Child on the same issue. The Facts The applicants in this case are the (grand)parents of two women who travelled to Syria with their partners in 2014 and 2015 in order to join the Islamic State in Iraq and…

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The Sad and Cynical Spectacle of the Draft British Bill of Rights

It is a habit peculiar to autocracies to choose names for themselves that are the exact opposite of their true nature – viz. the ‘Democratic People’s Republic of Korea’ – and to have constitutions loudly proclaiming the protection of individual rights that are routinely trampled upon in practice. You would have hoped that one of the world’s oldest…

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Update on ECtHR Interim Measures Concerning Russia and Ukraine

This afternoon the European Court interpreted and reinforced the Rule 39 interim measures it had previously issued against Russia regarding the war in Ukraine, in response to additional requests made by Ukraine. Here’s the press release, with the title ‘Expansion of interim measures in relation to Russian military action in Ukraine,’ which bears…

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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

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Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina

On 11 October 2021, the UN Committee on the Rights of the Child published its decisions in complaints brought against five states – Argentina, Brazil, France, Germany and Turkey – by 16 child complainants under the Optional Protocol to the Convention on the rights of the Child on a Complaints Procedure (OPIC).

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