Human Rights

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Peacemaking or Discrimination: Bosnia’s Dayton Constitution before the European Court of Human Rights

A hearing will be held this Wednesday before the Grand Chamber of the European Court of Human Rights in the case of Sejdic and Finci v. Bosnia and Herzegovina (application nos. 27996/06 and 34836/06) (press release here). A Venice Commission amicus brief is available here. A webcast of the hearing will be available here on Wednesday afternoon. The applicants are Bosnian nationals, who are respectively Roma and Jewish by their ethnicity. They complain because, despite possessing experience comparable to the highest elected officials, they are prevented by the Constitution of Bosnia and Herzegovina from being candidates for the Presidency and the House of Peoples of the Parliamentary Assembly solely on the ground of their ethnic origins. They invoke, inter alia, Article 14 (prohibition of discrimination) of the European Convention on Human Rights, Article 3 of Protocol No. 1 to the Convention (right to free elections) and Article 1 of Protocol No. 12 to the Convention (general prohibition of discrimination). In brief, the Dayton settlement of the Bosnian conflict divided…

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Cheney Chatter and Complicity

Jordan Paust is the Mike & Teresa Baker Law Center Professor at the University of Houston, a former U.S. Army JAG officer and member of the faculty of the Judge Advocate General's School.  His book, Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror, was published by Cambridge University Press.

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Norm Conflicts and Human Rights

Consider the following scenario: the United Kingdom, together with the United States and other allies, invaded Iraq in 2003. From that point on, there was an international armed conflict between the UK and Iraq. Further, as it obtained effective control over certain parts of Iraqi territory, the UK became the occupying power of these territories. Under Art. 21 of the…

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US Appeals Court holds that Former Foreign Officials Entitled to Immunity in Civil Suit alleging War Crimes

The Second Circuit of the US Court of Appeals has recently (April 16, 09) held  in Matar v. Dichter that the former head of the Israeli General Security Service is immune in a civil suit brought under the US Aliens Tort Claims Act (28 USC  § 1350) alleging war crimes and extrajudicial killing. The suit relates to Dichter's participation…

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The Security Council and Human Rights: What is the role of Art. 103 of the Charter?

At last week's ASIL meeting there was a panel on whether the United Nations Security Council is bound by human rights law. The panelists (Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Linos-Alexander Sicilianos, University of Athens  & Gráinne de Búrca, Fordham University School of Law) discussed cases such as the Kadi decision of the European Court of Justice, Al…

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