Human Rights

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European Court Decides Al-Skeini and Al-Jedda

HUDOC service has been intermittent this morning, but the judgments are now available - Al-Skeini v. UK, Al-Jedda v. UK - and they were well worth the wait. For more background, see my case preview and my thoughts on the alleged 'embassy exception.' In brief, the UK government lost quite badly, while the Grand Chamber has effectively overruled the House of Lords on a number of points; the applicants have every reason to be pleased. In Al-Skeini, the Court held that (1) all of the applicants were within the UK's Art. 1 ECHR jurisdiction and (2) that the UK has not held an Art. 2-compliant investigation in five of the cases, all but that of Baha Mousa where there is an ongoing public inquiry. In Al-Jedda, the Court held that (1) Mr. Al-Jedda's detention was attributable to and within the jurisdiction of the UK, and (2) as the UK had no obligation under a UN Security Council resolution to detain preventively and without judicial review, Art. 103 of the UN Charter was not even…

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The development on the international human rights framework on sexual orientation and gender identity

Allehone Mulugeta Abebe is an Ethiopian diplomat based in Geneva, Switzerland. He serves as a co-chair of the Technical Advisory Group of the Global Commission on HIV/AIDS and Law.  Opinions expressed in this piece do not necessary reflect the views of the institutions he is affiliated with. On 15 June 2011 the Human Rights Council’s adopted an extremely significant Resolution…

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“Rescuing ‘Boat People’ in the Mediterranean Sea: The Responsibility of States under the Law of the Sea”.

Dr. Efthymios Papastavridis, LLM(Athens), LLM(UCL), PhD (UCL) is Adjunct Lecturer, University of Thrace, Faculty of Law and Research Fellow, Academy of Athens, Greece [papastavridis@Academyofathens.gr]. 1. Introductory Remarks According to a very recent article by The Guardian, ‘a boat carrying 72 passengers, including several…

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“Aircraft carrier left us to die, say migrants”,

Visiting Scholar at  Columbia Law School, Research Fellow at University of Cagliari (Italy). She holds a Maîtrise en Droit International from University Paris I and a PhD in International Law from the University of Milan. In 2010 she gave a series of lectures at the Academy of European Law (EUI) on “EU immigration policy and international protection:…

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When to Kill and When to Capture?

My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has emerged in this discussion is whether the legality of OBL’s killing depends on whether the US…

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