Human Rights

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Habib v Commonwealth of Australia: A Twist on Actions Against State Officials for Torture

March 4, 2010

Ben Batros & Philippa Webb

Ben Batros is Appeals Counsel at the International Criminal Court and a former Senior Legal Officer, International Crime Branch, Australian Attorney-General’s Department. Philippa Webb, is Visiting Assistant Professor at Leiden University and former Special Assistant to President of the International Court of Justice Last week (on 25 February), the Australian Federal Court handed down its decision in Habib v. Commonwealth of Australia ([2010] FCAFC 12). In some respects, this case is part of several emerging trends relating to immunities and human rights. First, it concerns allegations of torture by foreign State officials, including in Guantanamo Bay (see previous EJIL:Talk! posts here and here) and Second, it involves an alleged victim claiming damages against a Government, which resonates with the practice in US courts under the Alien Torts Claims Act and the Torture Victim Protection Act (including the Samantar case being heard by the US Supreme Court this week - see post by Julian Ku over on Opinio Juris). Third, a Government has asked the court to throw out the case,…

Al-Saadoon and Mufdhi Merits Judgment

March 2, 2010

Marko Milanovic

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…

The UK Supreme Court Quashes Domestic Measures Implementing UN Sanctions

February 23, 2010

Antonios Tzanakopoulos

Last year, I posted on this blog analyses of domestic cases touching upon UN sanctions, in particular with respect to the 1267 sanctions regime (concerning Al Qaeda and Taliban individuals). My comments on the Abdelrazik case (in the Canadian Federal Courts) can be found here (and in expanded version in the Journal of International Criminal Justice…

JHHW to Stand Trial in France for Criminal Libel – Refusal to Remove a Bookreview which Displeased the Author of the Reviewed Book

February 11, 2010

Nehal Bhuta

The latest issue of EJIL is now out. The Table of Contents is posted below, but we wanted to draw EJIL: Talk! readers' attention to the Editorial, which concerns an attempt in France to prosecute EJIL's Editor in Chief for criminal libel. A link to the full editorial is posted below. Editorial 20 4 The below Table…

Canadian Supreme Court decision in Khadr

January 29, 2010

Nehal Bhuta

Late last year, we posted some reflections by myself and Elizabeth Prochaska on the pending Canadian Supreme Court case of the Prime Minister & Ors v Omar Khadr. The court handed down its decision today, allowing the Prime Minister's appeal in part. The court held that the trial court's remedial discretion had miscarried…

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